Skip Skip The amendment was agreed to. The committee also proposed to strike out “same, ” in line 81, before “ fine."
Mr. FESSENDEN. I move to strike out the words "' by this act, ” in line 79, and to insert by law.”
The PRESIDING OFFICER. That change Wlll be made.
The Secretary read the next section, as follows: Sac. [124]0. An Abife: teii, That an person or persons whoshall add or causeto be addo, anyingredientsto anyspirits beforethe tax imposed by law shall have beenpaid thereon.for the purpose ot'crciiting a fictitious proof shall upon conViction. Be subject to a fine of8l.000.foreachcaskor package so adulteratod and beimprisoned for not morethan 2 nor lessthan one year. in the discretion of the court.
Mr. FESSENDEN. I move to amend this section in line 7 by striking out “ more than 2 nor, ” and after“ one” inserting“ nor more than two, ” and by adding an s" to “year, ” so as to read, “and be imprisoned for not less than one npr more than 2 years, in the discretion of the court.”
Mr. FESSENDEN. At the end of the section I move to add the fellowingwords: “and such cask or package, with its contents, shall beforfcited to the U.S."
The PRESIDING OFFICER. The correction will be made.
Mr. FESSENDEN. In line 4 the words “this act” should be changed to “law.’7
The PRESIDING OFFICER. That alteration will be made. The next amendment of the committee was before “Secretary, ” in line 9, to insert “ComrIntRev, subject to the approval of the "
Skip Skip The amendment was agreed to. The next amendment was in line 19 to strike out “bond” and insert “bonded warehouSe." The amendment was agreed to. The next amendment was to strike out the words “assessed and” before "' paid” in line 24 The amendment was agreed to.
Mr. FESSENDEN. I move to strike out, in lines 16 and 17, the words “the bonded warehouse within."
Mr. FESSENDEN. I move to strike out the following words from line 19 to line 27:. And the tax shall be paid on any deficiencyor reduction of the number of proct' gallons (except the actual loss.not 5%. for leakage) receivedat the warcHouse.from the number of proof sghailplomnesnats stated in the bond given at the place of and no allowance shall be made.except 'for the actual lossas aforesaid or for destruction by unavoidable accident or by the elements. And in lieu of them to insert: And the tax shall hepaid on the difference between the number of proof gallons as stated in the bond given at the placeof shipment and the number receivednt the warehouse lcss the ulloiviincoforleirknge as established by thereulationsof the ComrIntRev; i d exceptfor actual destruction b unavoidable accident by the clcments or by the a lie encmy no other allowancefor loss shall in mm c.
Skip Skip The amendment was agreed to. The ComFinance proposed further to amend the section by insertin after “puck ages, ” in line 57, the fol owing words: After the quantity and proof of the spirits to be removed have been ascertained and inspected as required by law.
Skip Skip The amendment was agreed to. The committee also proposed to insert after “ps, ” in line 60, the words U tllfiCoin missionerpf Internalrevenue, subyect to the up i oval of.”
Skip Skip The amendment was agreed to. The committee proosed to'strik’e'out “may, ” in line 65, be ore “spirits, “all.” antinsert
Skip Skip The amendment was agreed to. pai‘” or maybe removedfroms did warehousewith ; The committee proposed to strike out.”threc” and insert “5’ before “%.” in line 69.
Mr. FESSENDEN. That may be non-concurred in. The amendment was rejected. The committee proposed to strike out after the words “%., in line 69, the followmg: And such spirits may be afterwardwithdrawn from the warehousefor consumptionafter the paymentto the collector of intqrual revenueof the tax imposed b law or maybewithdrawnfor exortation Without the payment oftax as DTOVlllOdby aw. And to insert in lieu thereof the following: And upon spirits removedunder bond for the purpose of cing redistilled or rectified or change of packageas aforesaid and upon which an allowance shall have beenmade.as herein lprovided. the duty upon such allowanceshall be pai. togetherwith the duties iiuposedby law upon such spirits. in casesuch spirits shall beWithdrawn for consumption or sale or for transportation without beingexported.
Mr. VANWINKLE. I move to amend the committee’s amendment by triking out “duty” at the end of line 76 and inserting “tax, ” and in line 77 by striking out “dnties"and inserting “taxes.’
The PRESIDING OFFICER. The amendment will be so modified. The amendment, as modified, was agreed to.
Mr. VANWINKLE. In line 84 of the section the word “duties” should be “taxes.”
The Secretary read section [44] 42, as follows: SEC. [44]42. Abife: That any spirits or other merchandise may be removed from bonded ivarcliouse.for the purpose of being exported. upon the order of the snperintendentof exports for the ort whencethe spirits are to be exported; and sue ordershallstatot oport towhieh such spir its are to be hipped and the nameof the vessel and also the number of proof gallons and the marks of the packages or casks.which shall betaken from and shal agreewith the return of said spirits made by the inspector of the warehouse: and such spirits or other merchandiseshall be branded " U. S. bonded warehouse.for exort." and shall be put on board obfy the vemclin or y which they are to beexorted. an officerunder the direction of the superintendent of exports and placed under the suffervision of an officei'of the customs.after a bond s iall have been given in such form and containing such conditions as the ComrIntRev may prosenbennth one or more surcties. tobe approved. as to the sufficiency of the surctics. as the ComrIntRev maydirect. And such bond shall be canceled upon the presentation of the proper certificate that said spirits have been landed at the port named in said end or at nny other port without the jurisdiction of the U.S., or ’upon satisfactory proof that after shipment the spirits have been lost. And at any port where there shall be no superintendentof c'xports. all the duties and servicesr must!of supenntend cuts of exports and drawbac shall devolve upon and be performed by the collector of interpal revenue designated to have chargeof exportations. The ComFinance proposed to amend the section by striking out after the word “casks, ” inlinc 8, the words “which shall be taken from an shall agree with the return of said spirits made by the inspector of the warehouse.
Skip Skip The amendment was agreed to. the next amendment f the committee was after “bond.” in line G en, to insert “with good and sufficient surcties.”
Skip Skip The amendment was agreed to. The next amendment was after “ revenue, ” in line 17, to insert “subject to the approval of the SecyTreasury.”
Skip Skip The amendment was agreed to./ The next amendment was after “ prescribe, ” in line 19, to strike ont“with one or mere sureties, to be approved, as to the sufficiency of the sureties, as the ComrIntRev may direct.”
The Secretary read the next section, as follows: Site. [45] 43.Abife: That any Person or persons who shall executeor signany false Or fraudulent bond. permit. entry or other document. required by law or regulations or who shall fraudulently procure the same to be exccuted or ‘the shell connivoat the execution thereof.by which “Payment of any internalrevenue tax or duty shallbe evaded or attempted to be evaded or which shall be executed or purport to be executed. for the purpose of placing in or withdrawing from any bon ed warehouse any spirits or other merchandise for any purpose whatever or which shall in anyway be usedor attempted to be usedin fraud of the internalrevenue laws and regulations shall be deemed why of a felony and on conviction thereof shall orfeit all right. title, and interest in and tosuchspir its or other merchandisetowhich such instrument relates or pu orts to relate and shall be imprisoned for aterm not essthan onenor morethan 5years. at the discretion of the court. And any inspector, asst inspector or officer temporarily in charge of any distillery under this act. who shall conspire Will! the proprietor of 0fttl1lll lllleli. person or with any other or persons to defraud the U.S.sof the revenueor tax arising from distilled spirits or any pjertthereof or who shell. with intent to defraud the U.S.sofsuchrevenuc or tax place any false or fraudulent mark upon any cask or package or make an false or fraudulent entry, certificate or return shall be deemed guilty of a felony and on conviction thereof shall be imprisonednot lessthan 2 itior morethan 5 years at the flisorction of the cour. The ComFinance proposed to amend this section by striking out after “ regulations,” in line 12, the words “ shall be deemed guilt of a felony and.” The amendment was agreed to.
Mr. VANWINKLE. In line 6I move to strike out “or dut ” after “tax.”
The PRESIDI GOFFICER. Thatchange will be made.
Mr. FESSENDEN. I move to strike out all after the word “court” in the 17th line to the end of the section.
Skip Skip The amendment was agreed to. ',
The PRESIDING OFFICER. That correction will be made. The committee also proposed to add to the section the following words: And any person who shall changetho‘charaeter of any spirits. either by; rectification. mixing or other wasise.aftertheyhave beendul 'inspectedandmarked. Hereinbefore provided.on placethesamein other puck csforconsumption or salewithout 1ststamping or randing upon such package.in such manner as the ComrIntRev inay p rescribe. the word "rectified." shall forfeit such spirits and the same may be soi iied by the collector erdep duty collector of the district where such spirits may be found or by such other collector or dopiutycol lector as may be specially authorised by the ComrIntRev for that purpose. And any person who shall so brand any packagecontaining s ii'its knowing the tonesthereonhave not beenpai shall forfeit such spirits and be decmed guilty of a misdemeanor and upon conv'ictionshall be imprisoned for not more than 2 years.at the discretion of the court.
The Secretary read the‘ next section, as follows: Site. [47]45. Abife: That all boil ers.stills hand pther vessels tools and implements. usedin distillingor rectifying and forfeited under any of the provisions of this act and all condemned material, togetherwith any engine or other machin earlygcroaninneocrteodththeerrmewatitchr.iaalnsduaitlal belme pfotyr bdaisrtrielllas.tiaonnd shall under the direction of the court in which the forfeiture is recovered be sold at public auction and the proceeds thereof.after deducting the expenses of sale shall be disposed of according to law: and all fines and forfeiture: incurred or imposedby Virtue of th isact shall be suedfor and recoveredas by slapwir itpuroouvsidleiqdu.oWrsith cpstsof suit. And all spirits or which may be forfeited under the provisions of this act, unless herein otherwise provided shall b disposedof by the ComrIntRev us the SecyTreasnry may direct. the term“person.” nsused int is act shall be held to include persons firm body corporate, company, or association. The committee proposed to amend this section by striking out after “law, ” in line ten, the words, “and all fines and forfeitures incurred or imposed by virtue of this act shall be sued for and recovered as by law provided, with costs of suit.”
Skip Skip The amendment was agreed to., After “direct, ” in line 16, the couv mitten proposed to strike out, “ the term “ person, as used in this act, shall beheld to inc ude persons, firm, body corporate, company or association;” and in lieu of these words insert the following:. And the ComrIntRev is hereby authoirsed with the approval of the SecTreasury of the to exemptdistillers of brandyfrom apples. peaches or grapes exclusively from such of the provisions of this act. relating to the manufacture of spirits.asin his iudgmentma seem expedient. And any word or wordsin any an all partsof this act and of all actstowhich thisact is additional. indicatingoi referring to person or persons.phall be taken to include partnerships.firms. associations.bodiescorpo rate or DOi ll.lco.r any other party whatsoever when not otherwisedesignated or manifestlyincompatible with the intent thereof.
Skip Skip The amendment was agreed to. The committees proposed to insert as a new section at this point the following: SEC.46.Abife: Thatan person who shall removeany distilled s iii'its from t ie place where the same are distilled. ot crwise than into a bondedwarehouseas provided bylaw shall beliable to Mine of double the amount of the tax imposed thereon, or to imprisonmentfor not less than 3 months. All distilled spirits soremoved, and all distilled spirits found elsewherethan in a bonded ware house.not havingbeen removedfrpm such warehouse accordingto law and the tax imposed bylaw on the same not having been paid shall be forfeited to the U.S.; or may, immediately upon discovery. be seized. d utter assessmentof the tax thereon. may e sol by the collector for the tax andexensel ofseisu o and sale. And proceedingsuppii such scis nre shit i be according to existing provisions of law in relat on to distraint and in conformity with any resulat onswhich shall be made by the ComrIntRev. And the bttrdenofproofshall upon the claimant of said spirits to show that the requirements oflaw in regard to thesomehave been compliedwith. Arid any person whoshall aid or abet in the removal of distilln spirits from any distillery otherwisethan to a bonded warehouse.as provided by law or shall aid in the conecalmentofsuchspirits so removed shall be liable on conviction thereof to a fine of not lessthan8200 or toimprisonmentfor not. Less than thrcemonths; or any other person whoshall remove or shall aid or abetiii the removal of any distilled spirits from any bonded warehouse other than is sl owed by law shallbe liable to a fine of $1.000o.r to imprisonment for not loss than 6 ine ntha.
Mr. FESSENDEN. I move to amend amendment in line' tweet 4 by inserting after the word “ 100” t ie words “ nor more than 1,000f’ in line 2fiva, by inserting after the word “ 3 ” the words “ nor more than 12;” in line 28, by inserting after the words “fine of" the words “not more than;” and in line 20 ‘nine, by insertin the words “ nor more than 12 before the word “ months;” so that the clause will read: And an person who shall aid or abet in the removal of istilledspiritsfromanydistillc 0fh0f7|80 than to a bondedwarehouse.“ provide by law or shall aid in the conoealment of‘suchspirits so removed shall be liable. onconVictionthereof. tonfinc of not lessthan two100nor morethan 1,000 dollars or to imprisonment for not less than 3 nor more than 12 months; or anypthor person who shall remove or shall aid or abet in the removalofan distilled spiritsfrom anybondedware house other than is allowed by law shall be liable to a fine of not morethan$1,000o.rto imprisonmentfor not lessthan 6 nor morethan 12 months. The amendment to The amendment was agreed to. The amendment, as amended, was adopted.
The Secretary read the next section of the bill, as follows: BULL 18147. Abife: That every brewer shall file with the asstassessor of the as sessment district in which he shall designto carryon his businessa notice, in writing. stating name of the person.compan therein the ', cerporutien 0r firm and togeentahmeer sof the members o:iny such company or firm. with the placeor placesof residence of such person or persons and a description of the premises on which the breweryis situated and of his or their titlethei eto and the name or names of the owneror loiqwunoerrs stahnenrueaolfl:yamndadaelsoanthdes wolhdolaet quantity of malt the brewery for 2 years last precedingthe dateof filing such notice. The ComFinance proposed to amend this section in line 2 y inserting after the word “shall” the words “before commencing or continuing business after this act takes effect.”
Mr. VANWIN KLE. I move to strike out the word “ last” in line 12, before I the word “preceding, ” and to insert “ next, " so as to read, “ next preceding the date of filing such notice."
The Secretary read the next section, as follows: 850149143.Abife: That every brewer shall executea bond to the U.S.to beapprovedby the collector of the district. in a sum equa to tWicethe amountof tnxl which. in the opinion of the assessor.said brewerwill be liable to pay during anyonemonth. which bond shall be renewed on the 1st day of May in each year, and shall be conditionedthat he will pay or cause to be paid. as herein premded.the tax required by law on all beer. lilaer beer, ale. orter and other fermented liquors a oresaidmade 5 him or for him, before the same is sold or remove for consumption orsale. exceptas hereinafter provrded: and that hewill keep or cause to be kept, a'book in the manner and for the pur gaisness hwehreeinnabft yetrhseppercoifieodro.affinedewrshaischh slhawall rebqeuoipreedn, and that he will in all respects but fully comply. without fraud or evasion with all requirements of law relating to the man aeture of any malt liquors beforementioned: Provided. That no rewer shall bbey required to pay a special tax a wholesale dealer than rehaissobnroefwseerylli, nmgalatltlqwuhoorlseemnal n, autfaactuprlaeedebyohthimer. The ComFinance proosed to amend this section in line 13 striking out after the word “specified, ” the word “and.’
Mr. VANWINKLE. In line 6 I move to strike out the word “herein” before “re quired, " and after “required” to insert “by law;” and in line 30, I “ move to strike out “ hereinbefore" before “provided, ” and after provided ” to insert “ by law." he amendment was agreed to.
The Secretary read the next section, as follows: 850154153. Abife: That the ComrIntRev shall causeto be propared. for the pament of tax aforesaid. suitable stamps denoting the amount of tax herein required to bepaid on the hogshead.barrels, and halves quarters, maths and 8th sof a barrel of such fermented lifquors, and shall furnish the same to the collectors 0 internalrevenue.who shall each be required to keepon hand, at all times.a supply equal in amount to 2 months’ sales thereof. lft ere shall be any breweryor brown warehousein his district, and the same shall be sold ysuch collectorsonly to the brew ersof their districts. respectively;and such collect ors shall keep an accountof the number and values of the stampssold by themto eachof such brewers. respectively; and the ComrIntRev shall allow upon allsalcs of such stampsin sinus 4, hogshends.barrels. of M30 or mer cat one time, to any brewer and by him used in his bllfillhTffa deduction of 7 and one half%. The ComFinance proposed to amend this section by striking out, alter the word “respectively, in line 14, the following words: And the ComrIntRev shall allow upon all sales of such stampsin sumsof$21i0or moreat one time. to any brewer and by him usedin his business a deduction of 7 and one half%. And inserting in lieu thereef: And the amount paid into the Treasury bye n collector on accountof the sale of s uehstampsto rew ers shall be included in estimating the EDmIlllSslOnl ala such collector and of the nss‘essoorf the some tric.
Mr. VANWINKLE. I move to amend the section, in line 3, by inserting the word “the” before “tax H and in line 4 by striking out the word “herein” before “re quired.” l
The Secretary read the next section, to which the ComFinance proposed no amendment, as follows: Sso.[55]51. Abife: That every brewershellobtnin from the collector of the district in which his breweryor brewery warehouse may besit tuouftucrd n.iasnhdthneostnoitnhceurwpoisne:.uinpllcicsastslaoindteoolililmce.ttohresphrn olllpooilr stamp or stamps: and siull allix upon the spigot hole or tup(of which there shall be at one) of each and everyhogsheud.barrel.keg or other receptacle, in which any fermented liquor shall be contained, when sold or removed fromsuch brewery or ware house, nstamp denoting the nmount of the tax herein required upon such fermentedliquor in such a way that the said am or stamps will be esTToyedupon the withdrawal of the li nor from such hogshelid. barrel. keg, or other vesse or upon the introduction of afnucet 0; other instrument for that purpom and shall also. at the time of alfixrng such stampor stamps.as aforesaid.cancelthe some by writing or imprinting thereonthe name of the person firm.“ colseration by whom such liquor me. have been m c or the iiiitial letters thereof. and the date when canceled. Every brcwer who shall refuse or neglect to affix and cancel the stamp or stamps herein required in the manner aforesaid, er whoshall affix n. false or fraudulent stamp thereto. orkiioivinuly permit the same to be done shall be liable to pay a pen alty of 8100for each barrel or package on whieh such commission or fraud occurs and shall be liable to imprisonment for notmore than one year.
Mr. VANWINKLE. I move to amend this sectmn, in line ten, by striking out the word “herein” before “ required;" and in line 20 by striking out “ herein" before “ required, ” and after “required” inserting “ by aw. The aincndment was agreed to.
Mr. VANWINKLE. I moveto amend the amendment, in lines 49, 50 5, and 61, by striking out the word “and” before “porter, ” and inserting “or, ” so that it will read, “ale or porter.” The amendment to The amendment was agreed to.
Mr. VANWINKLE. I move further to amend the amendment in line 54, by striking out the words “ or deem necessary.” The amendment to
Skip Skip The amendment was agreed to. The amendment, as amended, was adepted.
Mr. VANWINKLE. I move further to amend this section in line 7 by striking out the word “herein” before “required, and after “required” inserting “ by law.”
Skip Skip The amendment was agreed to. 0
Mr. VANWINKLE. After the word “of fixed, ” in line 17, I move to strike out the words “as hereinbefore required.”
Mr. VANWINKLE. I move to st‘rike out, in line 24, the words “he felony and.”
Mr. VANWINKLE. In line 39 I move to inSert the word “proper”, before “stamp, ” in line 40 to strike out the words “ herein required;” and in lines 40 and 41 to strike out the words “proper stamp or Stamps, as aforesaid, ” and to insert the word “some, ” so that it will read: Without nfllxing the proper stamp or stamps.but shall ailix the same upon such liquor whensold or removed from such warehouse or other place of Itornge.
Mr. VANWINKLE. In line 69 I move to strike out the word “branded” and to insert “marked;” and in line 70 to strike out the word “herein” before “re quired, ” so as to read, “and having the nature of their contents marked upon them, without affixuig thereon the stamp or stamps req'u'hireeda.m” endment was agreed to.
The Secretary read the next section, to which the ComFinance proposed no amendment, as follows: 85:0.[5?]56.Abife: That every brewer shall brand or cause to be branded, upon every ho sliced. barrel, kog,0rothorvesscl, contain in the ormented liquor madeby him. before it is so d or removedfrom the breweryor breweryware house, or other placeof manufacture.the name of the person.firm, or corporationbywhom such liquor was manufamturedmndtho'place where the same lhiill have been made; and any KOH011,0 l.l1tohla‘n the ownerthereof.orhis agent.w 0 shall intention guilty of all removeor defacesuchbrand therefrom shall be liable to a penalty of 50 dollars for each caskfrom which the brand is so remoVedor def
Mr. VANWINKLE. I move to amend this section, in line two, by strikin out the word “brand” and inserting “ma;” and in the same line by striking out the word “branded” and inserting “marked in such manner as shall be prescribed by the ComrIntRev” and also by strikin out, in lines ten and 11, the word “bran ” and inserting “mark.”
The Secretary read the next section, to which the ComFinance reported no amendment, as follows: Sac. [581157. Abife: That every person. o t er than the purchaseror pwner of any formented liquor or personacting on his behalf, or ashis agent, who shall intent ionally removeor defacethe stamp aflixed, ashereinrequired, uponthe hogshead, barrel. k cg or other vessel, in which the ame may be contained shall be liable to a fine of 50 dollars for each such vesselfrom which the stamp is so removed or defaced and to render compensationto such purchaser or owner for all damages sustained by him therefrom.
Mr. VANWINKLE. After the word “of fired, H in line 4, I move to strike out the words “ as herein required.”
The Secretary read the next section, to which the ComFinance reported no amendment, as follows: SEQ. 58. Abife: That the owners in or possessionby any person of any for mentedliquor after its saleor removal from brewery or warehouse or other place where it was made, upon which the tax required shall not have been paid shall render the same liable to seizurewhere ever found, and to forfeiture; and that the want of the proper stampor stampsupon an hogshewd.bar rel. keg or other vesselin which ermented liquor may becontained after its sale or removal from the brewerywherethe shinewasmade or warehouse. as aforesaid shall be notice to all personsthat the tax hasnot beenpaid thereon and shall he pruna facia evidenceof the non-paymentthereof.
The Secretary read the next section, to which the ComFinance reported no amendment, as follows: SEC.[60592 Abife: That everyper sonwhos all withdrawany fermented liquor f romany bonehead, barrel, keg or othervesselupon which the proper stamp or stamps shall not have been affixed as herein required. ior the purpose of bottling the same or who shall carry on, or attein t to carry on. the busmcssof bottling fermented iquor in any brewery or other place in which tormented liquor is made, or upon any premiseshaving communication with such reivei yor any warehouse shall be liable to afineof Silt) and the property usedin snobbottling or business shall be liable to forfeiture.
Mr. VANWINKLE. In line 4, after the word “ afiixed, ” I move to strike out the Words “as herein required.”
The Secretary read the next section, as follows: Size. [61160. Abife: That any assess(. colector. inspector or i'eveiiue.agent. who shalllicinterested.directlyorindii'ectly, in the manufacture of tobacco snuff or cigars, or in the production bydistillation, or byotherprocess, of spirits. ale, or beer, or other fermentedliquors shall, on conviction beforeany court of the U.S. of compo tentJurisdiclion, paya penaltynot lessthan 3500nor morethan $5,000i.n the discretion of the court. The ComFinance reported 2 amendments to this section. The 1st was in line 3 to strike out the word “be” and to insert “hereafter become" before the word “interested.”
Skip Skip The amendment was agreed to. The next amendment was to insert at the end of the section the following: And any such officerinterestedas aforesaidin any such manufacturpat the time of the passageof this not who shall fail to divest himself of such interest within 60 days thereafter, shall be held and declared to have becomesointerestedafter the passage of this not.
Mr. VANWINKLE. I move to amend the amendment in lines ten and 11 by strikin out the words “at the time of the passage of this act” and inserting “ after this not takes effect." The amendment to The amendment was agreed to.
Mr. VANWLNKLE. The same alteration should be made nt the end of the amendment, 'or delivery of any money, discwhich shall in the opinion ll l 1 ll striking out the words “the passage of this act” and inserting “ this act takes effect.” The amendment to The amendment was agreed to. The amendment, as amended, was adopted.
The Secretary read the next section, as follows: Sec. [62161.Abife:. That every officeror employee a pointed or holdin?l officein the Bureau of Internal evenuouuder authority of law. whose payment, charges salary or compensation shall becomposed, either wholly or in part. of fees. Commissions allowances or rewards.from whatever source derived shall be required to render to the ComrIntRev under regulations to be approved by the SecyTreasury. a statement under oathI setting forth the enti e amount of such fees, commissions, emoluments, or rewards of whatever pntureor from whatever source received during the time for which said statemontis rendered; and any false statement knowingly and willfully renderedunder therequirementsof thissection or regulations established in accordancethere With shall be deemedwillful perjury. andpunished, on conviction thereof.as provided in section 42 of the act ofJunc 30. 864, to which this actiii an amendment; and any neglect or omission to render such statementwhen required shall be punished on conviction therefor, b a fine of not less than nor than $500.in the d retina of the court. The ComFinance proposed to amend this section in line two, y insertin the words “ internalrevenue” before the wor “ officer, " and by striking out, after the Word “ officer, ” the words “or employee appointed or holding office in the Bureau of internalrevenue under authority of law.”
Mr. FESSENDEN. I now move that the Senate adjourn.
The PRESIDENT ro term pore. Prior to putting that motion, tiic Chair, with the er mission of the Senate, will lay before the Senate several bills from the HoRep, for reference.
Mr. FESSENDEN. for that purpose. iiousii BILLS surname. I The following bills, from the HoRep, were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 361) to reorganize and establish the Arm of the UU.S. to the comMilAffrs . A bill (H.R.No. 698) granting an increase of pension to Mrs. Mereie E. Scattergood to the ComPensions. A bill (H.R.No. 699) for the relief of Jzimes L. ’crham to the comPen llOllB., A bill (H.R.No. 700) for the benefit of John W. Jones to the ComPensions. Abill (H.R.No. 701) grantin apension to Mrs. Imogene Buckingham, of dgar county, Illinoisto the ComPensions. A bi (H.R.No. 702) renting a pension to Mrs. iarlotte E. Ree to the comPensions. A bill (H.R.No. 708) for the relief of Lien tenant Colonel Frank Lynch to the ComPensions. A bill (H.R.No. 704) for the relief of Joel Farley to the ComPensions. Abill (H.R.No. 705) for therelief of George W. Bush to the ComPensions. EUROPEAN TROOPS IN MEXICO.
The PRESIDENT protemp laid before service I withdraw the motion the Senate a message from the POTUS, communicating. in answer to a resolution of the Senate of the 18th instant, a, copy of a dispatch of the 4th instant, addressed to the SecyState by the U.S. minister at Paris, containing further information in regard to the employment of Euro can troops in Mexico; which was referred) to the ComForRel, and ordered to be printed. CONSTITUTIONAL AMENDMENT.
The PRESIDENT protempore laid before the Senate the followin message from the POTUS:
Mr. I AN WIN KLE. In the absence of the chairman of the ComPensions, I move that that amendment be concurred in. The motion was agreed to. MR8. All. RILLA COOK. The Senate proceeded to conside; the amendment of the HoRep to the bill (S.No.238) ranting a pension to Mrs. Ama rilla Cook; which was to' reduce the pension from 20 dollars to 17 dollars permonth. 4
Mr. VANWINKLE. I move that the Senate concur in the amendment of the House. I have examined it. The motion was agreed to. CORNELIUS CROWLEY. The Senate proceeded to consider the amendment of the HoRep to the bill (S.No.276) for the relief of Cornelius Crowley; which was to strike out the last line of the bill, and to insert in lieu thereof, “and pay him at. that rate in lieu of any other pension to which be me have been ent itled.’
Mr. VANWINK E. I move that the senate concur in that amendment. The motion was agreed to. ROCKISLAND ARSENAL. The Senate proceeded to considerthe amendment of the HoRep to the bill (S.No.330) making urther provision for the establishment of an armory and arsenal of construction, deposit and repair on RockIsland, in the State of Illinois.
Mr. WILSON. The amendment of the House is a substitute for the whole bill. I have read it carefully, and I think it is right, and I move that the Senate concur in the amendment. The motion was Agreed to. minoritY REPORT ON RECONSTRUCTION.
Mr. HENDRICKS. When the Sgnutorfrom Maryland [Mr. Jonnsou] was leaving the city a few days ago, to be absent for some days. he informed me that he and some other gentlemen of the committee of 15 had prepared a mine irty report, but that it was not in a condition to be presented to the Senate at the time he left, and he requested me, as soon as its oration was completed, to present it toprteipe Senate for him; and for him I present to the Senate the minority report, and ask that it be printed, and ask for the printing of extra copies to correspondvwith the number of extra copies that were ordered of the majority report.
The PRESIDENT o icmpore. The Senfrom Indiana 0ers as the views of the minority the following paper, and asks that it be printed, and that an extra number of the report may also be printed. The question of printing the ordinary number is properly a matter for motion.
Mr. fiENDRICKS. On the question 1st suggestedby the Senfrom Illinois, ofcourse have no or ument to present. I have handed this to the hair at the re nest of the distinguished SenfromMaryland, who is necessarily absent, and I have communicated to the Senate about what he communicated to me. If it is not proper for one Senator to present a document or another, of course I shall not undertake to do it. I resume the Senfrom Maryland did nott ink of. that point, but I cannot see any objection to that. If I. were necessarily absent and should ask another senator to present a report, I should not expect that it would be objected to on that account.
Mr. TRUMBULL. In regard to the suggestion as to objecting to the Senator’s presenting it for an absent Senator, I stated that I had never known such a proceeding. I do not object to the reception of the report upon that point; I stated it to be unnsua so for us I knew; butI object to a minority report from Buy one, from theSenfromMaryland if he were here, and particularly after this lapse of time.
Mr. HENDRICKS. It is quite as satisfactory to me to let the question pass over for the present. I do not want to introduce any new practice into the Senate, and I do not want anything that is unreasonable to be adopted in regard to an absent Senator"; therefore I accept the proposition.
Mr. STEWART. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned
###HOUSE OF REPRESENTATIVES. FRIDAY, June 22, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. CALIFORNIA AND OREGON RAILROAD.
Mr. McRUER. I ask unanimous consent to introduce a bill granting lands to aid in the construction of a railroad and tele raph line from the Central Pacific railroad, in ‘ahforuia, to Portland, in Oregon.
Mr. WASHBURNE, of Illinois. Is this the same bill which was before the house the other day and was referred back to the ComPacificRR? If so, I object to its introduction. The House rethsed. to have it referred to the ComPubLands the other day.
Mr. KASSON. I hope my friend will with draw the objection. I was one that opposed the bill; but the parties interested propose important changes, making the bill less objectionable. I hope, therefore, it will be allowed to go to the ComPubLands.
Mr. WASHBURNE, of Illinois. I cannot withdraw the objection. JAMES M. CASSETY. On motion of Mr. WARD, the apers in the case of James M.Cassety were ta on from the filesand rereferred to the ComClaims. WAGON ROAD.
Mr. DEFREES, by unanimous consent, from the ComRds&canals, reported adversely on House bill No. 107, to provide for the improvement of the wagon roa from Nio brgra to Virginia City; which was laid on the ta e. ROCKISLAND BRIDGE AND RAILROAD.
Mr. SCHENCK. I ask unanimous consent to report back from the ComMilAffrs Senate bill No. 330, making further provision for the establishment of an armory an arsenal of construction, deposit, and repair on RockIsland, in the State of Illinois, with a substitute.
The Speaker. Is there objection to the introduction of this bill? The Chair hears none.
Mr. STEVENS. I do not know whether I perfectly understand this bill. It looks to me like an appropriation bill. I do not know whether there is an appropriation or not.
The Speaker. here is an appropriation in the bill, but the House has granted permission to the gentleman to report the bill.
Mr. STEVENS. I had not heard the bill read.
The Speaker. Consent was granted for. the reporting of the bill. d. of an arsenal at RockIsland. Gentlemen are
Mr. STEVENS. I move that the bill be referred to the ComWhole on the state of the Union. There are 2 or 300,000 dollars in this, bill.
Mr. DAWES. [desire to know whether the grantin of unanimous consent waives the point as to the bill containing an approriation. How can anybody know what is in ablll before it is read?
The SPEAKER. When the House grants unanimous consent for the reporting of a bill, that suspends all rules.
Mr. DAWES. Without the House knowing what the bill is?
The SPEAKER. The gentleman had a right to object to the reception of the bill.
Mr. SCHENCK. There is not the slightest intention to entrap the House. If, after hearing an explanation of this bill, the gentleman insists on referring the bill, it may Virtually be the killing of the bill. Sir, it is a matter of great public concern that this bill should pass. in the opinion of the committee that reported it. It involves the carrying out of the intention of the Governmentin relation to the establishment aware that an arsenal of very great present and respective importance has been established at Itoc Island, and that for the purpose of better conducting the business of the Government at that arsenal, and sustaining it as an institution of the national Government, measures have been taken for securing a title to the adjoining small islands. This bill passed the Senate without any objection, after a full and thorough examination there. It did not pass the Senate in the she e in which we report it, but the committee of the Senate have agreed to the modification made in this substitute, and it satisfies all parties in interest. The House committee had before them the chief of Ordnance to make a full explanation, with maps, of this whole matter, and, in fact, all the parties in interest have come unanimously to the conclusion that the bill ought to pass the House in the form in which it was intended to be modified by the Senate. With this exlanation I submit if it is not right to pass 1: e bill at once without referring it to the ComWhole.
Mr. STEVENS. I think the principle of taking up in the House a bill containing an appropriation of 2 or 300,000 dollars is one that never ought to be allowed. The object of committing hills is to have them printed so that members may examine them. hope the bill will take the ordinary course. If the ntleman wishes to make it a special order 'Igdiave no objection, but I move now that the bill be referred to the ComWhole on the state of the Union, and be printed.
Mr. WASHBURNE, of Illinois. I desire to propose an amendment to this bill. to which presume the Gentfrom Ohio [Mr. Sennxux] will not object; and if the Gentfrom Pennsylvania [Mr. Srsvsxs] will yield to me for one moment, I will state the amendment I proose.
Mr. STEVENS. I will hear the amendment of the gentleman, but I shall insist upon my motion to refer this bill to the ComWhole.
Mr. WASHBURNE, of Illinois. Among other things this bill provides for changing the location of the RockIsland bridge; and to thnt' extent it will certainly meet with the favor of every person in the est who knows what has been the obstruction which that bridge has caused to the navigation of the Mississippi river. I presume millions of dollars would not cover the damage. I propose, and I presume the Gentfrom Ohio will have no objection to it if he has I shall oppose the bill tee totally to move the following amendment to come in at the proper place, “and the said bridge shall be so constructed as in nowise to interfere with the navigation of the Mississippi river
Mr. MOULTON. Make it read, “not reasonably interfere.
Mr. COOK. I would suggest that it read, “not materially interfere.”
Mr. WASHBURNE. of Illinois. It will have to be a material obstruction to the navigation to come within the scope of the amendment. Certainly the friends of this bill should not object to this amendment. The present bridge at RockIsland, as my colleague from the Ottawa district [Mr. COOK knows very well, is a great obstruction of the navigation of the river.
Mr. STEVENS. I think this bill should be referred to the ComWhole.
Mr. WASHBURNE, of Illinois. The House can just as well consider it here as in ComWhole. We have it before us now, and may as well not upon it at this time as at any other time.
Mr. STEVENS. If Ihad known what the bill contained, I should have raised the mint of order. But I did not know that, and therefore did not raise the oint in time.
Mr. SCHENCK. fIam not mistaken, and I think I am not, the Gentfrom Pennsylvania [Mr. STEVENS] as himself had many a bill passed without its being referred to the ComWhole.
Mr. STEVENS. Not when any gentleman made the point of order that it should go to the ComWhole.
Mr. SCHENCK. Of course, if any member made the point of order in time, the Gentfrom Pennsylvania could not help himself. As I said before there is no disposition on the part of the ComMilAffrs to entrap this House in regard to this mutter, none whatever. And it is onfylbecause, as the Gentfrom Illinois [Mr. WASHBURNE] has well Said, the bill, simp e as it is, can be considered here and now, that Iopose its reference to the ComWhole. It is a bill which upon grounds of public utility and advantage alone the ComMilAffrs I have unanimously agreed to recommend to the House and ask that the House pass it at once, as the Senate have promptly passed it. In regard to the amendment suggested by the Gentfrom Illinois, [Mix “’ASHBURKE] it seems to me that there is a reasonable propo silion contained in that amendment. perhaps it ought to read, “ not interfere with the or i nary navigation of the river, ” or something of that kind; for as the gentleman proposed his I amendment it would cover extraordinary and unusual contingencies.
Mr. STEVENS. I think we should now take a vote upon m motion to refer this bill to the ComWhole.
Mr. COOK. Will the Gentfrom Pennsylvania [Mr. Srnvnxsj yield to me for a moment?
Mr. COOK. fwant to make a suggestion to my colleague [Mr. wssunusns] and to the Gentfrom Ohio, the chairman of the ComMilAffrs, [Mr. SCHENCK] The bill asat present framed provides that this bridge shall be erected under the direction of the SecyWar. It is not likely that a brid e erected under his direction will prove an, o struction to the navigation.
Mr. STEVENS. Will the gentleman tell the House how much this will co‘st the government?
Mr. STEVENS. Some half a million dollars, I have no doubt.
Mr. SCI IENCK. I will state to the Gentfrom Pennsylvania [Mr. Srevnxs] that the amount here appropriated is to carry out a law already enacted. Measures have been taken to obtain the title to the Davenport property on RockIsland, and this appropriation is to carry out what has been recommended by a commission appointed under a former law.
Mr. STEVENS. I want to see all this. I want to see the bill. I call the previous question on the motion to refer this blll to the ComWhole.
Mr. WASHBURNE, of Illtnms. Will qty i gentleman yield to me for a moment? I want to have some understanding in regard to the amendment I have suggeste.
Mr.WASHBURNE, of Illinois. Ibo e then the previous question will be secon ed, and that then the motion to refer to the ComWhole will be voted down.
Skip Skip The question was taken upon 2ndin the previous question; and there were, upon a ivision ayes 22, noes 21 no quorum votin.
Mr. WASHBURN E,0 Illinois. before tellers are appointed, lask the Gentfrom Pennsylvania to yield to me for a moment, in order that we me. have some fair understand in in r rd to this amendment.
Mr. STEVENS. I will hear what the gentleman has to as.
Mr.WASHBURNE, of Illinois. the amendment which I proposed provided that tbis bridge, which is to be built, not by the Government, but by the railroad company, should be so constructed as in nowise to interfere with the navigation of the Mississippi river. The Gentfrom Ohio [Mr. SCHESCK proposes to chau e the language of my amendmentso as to provide that the construction of the bridge shall not ipterfere with the ordinary navigation of the river.,
Mr. ALLEY. If the gentleman will allow me, I would suggest that the amendment be put in this form: that there shall be no mate rial obstruction of the navigation of the river.
Mr. WASHBURNE, of Illinois. That would leave it an open question, what would be a material obstruction and what would not. I am not inclined, on the whole, to object to the modification proposed by the Gentfrom Ohio, that the construction of the bridge shall not interfere with the ordinary navigation of the river. I am content to modify my amendment as suggested by the Gentfrom Ohio.
Mr. ALLEY. I think that is not the sug g)estion as now made by the Gentfrom Ohio. The suggestion which make meets, I believe, the approbation of the Gentfrom Ohio, as I know it does of the gentlemen who are actim7 in accord with him in this matter. The usuaI and the legal form of language is that there shall be no material obstruction to the navigation of the river.
Mr. SCHENCK. I am not tenacious in regard to the particular form of the amendment which may be adopted to meet the difficulty which has been raised. The report of the committee does not embrace this point. The Gentfrom Illinois proosed in the 1st place, to amend b proviing that the construction of the bri ge should in nowise interfere with the navigation of the river. A strict compliance with that requirement would be impossible. The bridge must necessarily interfere, to some extent, with the navigation. I have therefore suggested and the gentleman has accepted the suggestion that the amendment be modified so as to provide that the bridge shall not interfere with “the ordinary navigation” of the river. It appears, however, that this is not quite satisfacto to a number of gentlemen well acquainted With the facts of the case. I' am willing, if the Gentfrom Illinois will consent, that the amendment shall be modified so as to provide that the bridge shall not materiall or unnecessarily interfere. with navigation. the bridge must, in the very nature of thin is, cause an interference, to some extent, with the navigation; but that interference may be very slig it, and the inconvenience from this source may be completely overbalanced by the additional facility which the bridge will afford for railroad communication. I desire it to be understood that this matter is no part of the report of the committee; but the limitation suggested should, I think, insome shape be added to the bill.
Mr. WASHBURNE, of Illinois. As to the general objects of this bill, I desire to say a word; and I will repeat that I do not see why the bill should not be considered in the house at the present time, while there is no other business pressing. There are some considerations in favor of the passage of this bill although it contains a large appropriation, and I would therefore be inclined on general principles to oppose it. It is well known that the Government has made RockIsland a deposit ory for war materials for the whole western country. One of the purposes of this appropriation is to erect buildings to protect a this vast amount of property, now exposed to dam age by the wcat ier.
Mr. GRINNELL. Will the gentleman yield to me?
Mr. GRINNELL. Mr. Speaker, this is a matter in which I have a direct interest. as I live upon the line of this road; and I desire to say that the people I represent have no objection whatever to this bill, if it be so amended as to provide that the bridge shall not interfere materially or imnecessaril with the navigation of the river. It must be an erstood thatn bridge cannot be built across the Mississippi river without obstructing the navigation to some extent. If we should provide, as 1st proposed by the Gentfrom Illinois, that this bridge shall “in nowise” interfere with the navigation of the river, it would interpose an insu er ablo barrier to the construction of the bri ge I hope that my friendfrom Illinois will accept the suggestion of the Gentfrom Massachusetts, [Mr. ALLEY] the chairman of the comPostOffice. For one, I will be unwilling to vote for less than that, as unjust to this company as well as unjust to all companies anticipating the building of bridges. It is unjust to the railroad interest. v
Mr. WASHBURNE, of Illinois. But not unjust to the millions of agriculturists whose products have been destroyed by these bridges.
Mr. ALLEY. I will now propose my amendment.,
Mr. STEVENS. I will withdraw the motion to refer, so as to allow the amendment to come in, after which I will renew it.
Mr. ALLEY. I will remark that the amendment meets with the approbation of all rties in interest. I presume it will meet with the objection of the Gentfrom Illinois. I can see no objection to it. It has the approval of the chairman of the committee.’
The Clerk read as follows: To be so constructedas not materially to Interfere with or obstruct the navigation of the Mississippi river.
Mr. STEVENS. I renew the motion to refer the bill and amendment to the ComWhole on the state of the Union.
Mr. BANKS. I suggest to my colleague to insert the word “impair.”
Mr. ALLEY. I agree to that modification.
Mr. WASHBURNE, of Illinois. I accept the amendment, and hope the motion to refer will be voted down.
Mr. STEVENS. I am willing this shall be made a special order in the ComWhole on the state of the Union.
The Speaker. A general appropriation bill can be made a special order by a majority vote, but this will require unanimous consent.
Mr. FINCK. Io'ect. Mr; STEVENS. demand.the previous question.
The SPEAKER. The previous question, if 2nded, will not exhaust itself until the 3rd reading of the bill.
Mr. STEVENS. I withdraw it. I presume there will be no further discussion.
Skip Skip The House divided; and therewere ayes 82, noes 68. So the House refused to refer the bill and amendment to the ComWhole on the state of the Union. Mr. ALLEY demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was adopted. The bill was ordered to be engrossed and read a 3rd time; and being engrossed, it was accordin 1y read the 3rd time. Mr. ( ULTQN demanded the previoul question on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation there of the bill was passed. Mr. WASHBURNE, of Illinois, mtRtv the bill was passed; upon the table. agreed to. LEAVE of ABSENCE. On motion of Mr. NICHOLSON he was granted leave of absence till Tuesday next. BUSINESS TOMORROW.
Mr. DARLING gave notice that tomorrow after the morning hour he would announce the death of' his late colleague, JAMES Hunrunnr.
The Speaker stated by previous order of the House the morning hour tomorrow would be devoted to public business. PRIVATE mans.
Mr. KASSON demanded the regular order of business.
The Speaker stated that the regular order of business was the call of the committees for reports of a private nature, commencing with the ComInvalidPens. nsanuzr w. POND. On motion of Mr. BENJAMIN, the Committee, on Invalid Pensions was discharged from the further consideration of the petition of Mrs. Harriet W. Bond; and the same was referred to the ComClaims. LEONARD CASEY. On motion of Mr. BENJAMIN, the ComInvalidPens was discba ed from the further consideration of the petition of Leonard Casey, the case being provided for under the general law; and the same was laid upon the table. LAYINIA Lnivr'rfst‘ AND ANDREW 0.81NGER. On motion of Mr. BENJAMIN, the ComInvalidPens was discharged from the further consideration of the petitions of Mrs. Lavinia Lcnfest and Andrew C. Singer; and the same were laid upon the table. MRS. MERCIE C. SCATTERGOOD.
Mr. BENJAMIN, from the ComInvalidPens, reported a bill granting increase of pension to MiaMercie C. Scattergood;, which was read a 1st and 2nd time. It, iucreases the pension to 15 dollars.per month. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. BENJAMIN mtRtv the bill was passed; on the table. agreed to. HARRIET B. CRDCKER.
Mr. BENJAMIN, from the ComInvalidPens, reported back Senate bill No. 826, 'granting a pension to Mrs. Harriet B. Crocker, with a recommendation that it do ass. p The bill was read. It rants a pension to Mrs. Crocker, mother of enry B. ‘rocker, of the 15 th.regiment Ohio volunteer infantry, of 8 dollars permonth, commencing on the 4th of October, 1862. The bill was ordered to be read a3rd time; and it was accordingly read the 3rd time and passed.
Mr. BENJAMIN mtRtv the bill was passed; upon the table. agreed to. 'Jnnas L. rsmun.
Mr. BENJAMIN, from the same committee, reported a bill for the relief of James L. Per ham; which was read a 1st and 2nd time The bill was read in full. It grants a pension to James L. Perham, of the 10th regiment Maine volunteers, of 8 dollars per month, from February 4, 1863, to November 17, 1864, amounting to $171 86.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. BENJAMIN mtRtv the bill was passed; on the table. agreed to. JOHN W. JONES.
Mr. HARDING, of Kentucky, from the ComInvalidPens, reported a bill for the benefit of John W, Jones; which was read a 1st and 2nd time. The bill was read in full. It places the name of Mr. Jones, late private of the 17th regiment Ohio volunteer infantry, on the pensionroll, on the passage of this act, at the rate now allowed to those who have lost the right arm. The bill was orderengross and read a 3rd time; and being engrossed, ’it was according] read the 3rd time and passed.
Mr. HA tDING, of Kentucky, mtRtv the bill was passed; on the table. agreed to. ADVERSE REEORTS.
Mr. HARDING. of Kentucky, from the same committee, reported adversely on House bill No. 385, for the benefit of Terence Kirb '; also on the petition of Major W. W. Post; a so the petition'ot'ltev. E. D. Simmons and others for relief; also on the petition of Elizabeth Win ter; and the same were laid on the table. manna Baunv.
Mr. STILWELL, from the Committee on 'Invalid Pensions, reported back Senate bill NO. 375, to amend an act entitled “An act granting a pension to the widow of Major general Hiram G. Berry, ” with a recommendation that it do ass. The hil was read. By the act approved March 3, 1865 the name of the widow was erroneously called Eliza Berry, and this bill changes the name as above. The bill was ordered to be reada 3rd time; and it was accordingly read the 3rd time and passed. Mr. STILWELL mtRtv the bill was passed; on the table. agreed to. ADVERSE REPORTS.
Mr. SAWYER, from the ComInvalidPens, 'reported adversely on the following cases, the same having been provided fort, lhy a general law, and they were laid on the ta e: G. C. Swles, and 75 others, of Wisconsin, praying for an increase of pension to Samuel. Stone. Elizabeth Butler, widow of Cyrus Butler. Alexander Rider. I David Howe. N. R. Sheetz, widow of John B. Sheetz. CATHARINE P. WINSLOW.
Mr. SAWYER, from the same committee, reported back Senate bill No. 327, granting a pension to Mrs. Catharine F. Winslow. The bill was read. It directs the secyInterior to place the name of Catharine F. Winslow, widow of Lieutenant Colonel Wins low, on the pension roll at the rate of thirt dollars permonth, to commencg from the 7t ‘of July, 1864.
Skip Skip The bill was ordered to a 3rd reading; and It was accordingly read the 3rd time and passed., Mr. SAWYER mtRtv the bill was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Smith, one of their Clerks, informed the House that the Senate had agreed to the amendment of House to the bill of the Senate (No. 243) to extend the time for the reversion to the U.S. of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay, in the State of Michigan, and for the completion of said read. The message further informed the House that the Senate had passed an act (S.No.381) to amend an act entitled “An act to authorize the sale of marine hospitals and revenue cut ters, ” approved A ril 20, 1866, in which he was directed to as the concurrence of the House. nus. IMOGEXE BUCKINGHAM.
Mr. COFFROTH, from the ComInvalidPens, reported a bill grantin a pension to Mrs. Imogene Buckingham; which was read a 1st and 2nd time. The bill directs the SecyInterior to give a pension certificate to and to place the name of i rs. Imogene Buckingham upon the roll of pensioners, with the pay and under the conditions and limitations of the widow of a private of infantry. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingl read the 3rd time and passed.
Mr. COIXFROTH mtRtv the bill was passed' upon the table. agreedto. MRS. CHARLOTTE E. REED.
Mr. COFFROTH also, from the same committee, reported a bill granting a pension to Mrs. Char otte E. Reed; which was reada 1st and 2nd time. The bill was read.
Mr. WASHBURNE, of Illinois. I call for the reading of the report. The report was read. The hi 1was orderengross and read a 3rd time; and being engrossed, it was accordin I read the 3rd time and passed.
Mr. COlilFROTH mtRtv the bill was passed; upon the table. agreed to. FRANK LYNCH. 'Mr. PERHAM, ft omthe ComInvalidPens, reported a bill for the relief of Lieutenant Colonel Frank Lynch; which was read a 1st and 2nd time. The bill directs the SecyInterior to place the name of Frank ynch, late of the 27th regiment Ohio volunteer infantry, on the pension roll at the rate of pension allowed to lieutenant colonels. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. PERHAM mtRtv the bill was passed; upon the table. agreed to. JERUSHA WITTER.
Mr. PERHAM also, from the same commit tee, reported back, with the recommenation that it do pass, bill of the Senate No. 216, for the ‘relief'of Mrs. Jerusha Witter. The bill directs the SecyInterior to place the name of mrs. Jerusha Witter, widow of Dr. Amos Witter, late surgeon of the 7th regiment Iowa volunteers, on the pension roll, at the rate of 25 dollars permonth, to continue during her widowhood. V The bill was or ered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. PERHAM mtRtv the bill was passed; upon the table. agreed to. PENSIONS to ARTIFICERS.
Mr. PERHAM. As the purpose of the bill has been provided for by a general law, I move that the ComInvalidPens be discharged from the further consideration of bill of the Senate No. 116, to extend the Ibenefits of the pension laws to artificers, and move that it be laid upon the table. The motion was agreed to. MRS. AMARILLA COOK.
Mr. PERHAM also, from the same commit tee, reported back, with an amendment, and with the recommendation that it do pass, bill of the Senate No. 288, granting a pension to Mrs. Amarillo Cook. The bill was read at length. It directs the SecyInterior to place the name of Mrs. Amarilla Cook, widow of John B. Cook, late deputy rovost marshal of the 16th congressiona district of the State of Ohio, on the pension roll, at the rate of 20 dollars per month, to commence from the fit da of Eiargh, 1865, and to continue during her wi 0w oo. The amendment of the ComInvalidPens was to strike out “twanty " and insert “ 17.”
Skip Skip The amendment was agreed to. The bill, as amended, was then read the 3rd time, and passed. Mr. PERHA mtRtv the bill was passed; on the table. agreed to. JANE HARRIS.
Mr. PERHAM, from the ComInvalidPens, also reported back, with a recommendation that it do pass, Senate bill No. 200, for the relief of Jane Harris. The bill was read at length. 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 deceased, on the pension rolls as entitled to a pension at the rate of 8 dollars perment during her widowhood, pament to commence from October 23, 1863, the date of the death of said George H. Harris.
Skip Skip The bill was re the 3rd time and passed. Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. BENJAMIN FRANKLIN.
Mr. PERHAM, from the ComInvalidPens, also reported back, with a recommendation that it do pass, Senate bill No. 339, granting a pension to Benjamin Franklin. The bill was read at length. It directs the SecyInterior to place the name of Benjamin Franklin, a private in company H, 2nd regiment Minnesota cavalry volunteers, on the pension roll, at the rate' of 25 dollars 'er month, to commence from the 15th day of anuary, 1866, and to continue during his natural life.
Skip Skip The bill was read the 3rd time and passed. Mr. PERHAM mtRtv which the bill was passed on the table. agreed to. JANE D. BRENT.
Mr. PERHAM, from the ComInvalidPens, also reported back, with, a recommendation that it do pass, Senate bill No.298, granting a pension to Jane D. Brent. The bill was read at length. It directs the SecyInterior to place the name of Jane D. Brent, of Detroit, Michignp. widow of Thomas Lee Brent, late a captain in the Army of the U.S., on the pension roll and to allow and pay to her a pension at the rate of 20 dollars permonth, from and afterthe passage of this act, until her marriage or death, and after either event to continue the said pension to Mary Brent, daughter of the said homas Lee Brent, if then under the Age of 16 years, until she attains that age. The bill was read the 3rd time and passed.
Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. BIAROARET K AETZEL.
Mr. PERHAM, from the ComInvalidPens, also reported back, with a recommendation that it do not pass, Senate bill No. 329, for the relief of Mrs. Margaret Kaetzel. The bill directs the SecyInterior to place upon the pension roll the name of Mrs. Mar aret Kaetzel, widow of Nicholas Kaetzel, Wio was a civilian employed in the service of the U.S. at the arsenal at Columbus, Ohio; and that she be paid a pension at the rate of 8 dollars permonth,to commence from the 6th day of April, 1865, and to continue during her Widowhood.
Mr. PERHAM. Imove that the committee be discharged from the further considera tiop of this bill, and that the same be laid on the table. The motion was agreed to. CORNELIUS CROWLEYi
Mr. PERHAM, from the ComInvalidPens, also reported back, with an amendment, Senate bill No.275, for the relief C' ornelius Crowley. The bill was read at length. It directs the SecyInterior to place the name of Cornelius Crowley, late a private of company F, 3rd regiment U.S. infantry, on the pension roll at the rate of eight dollars permonth, to commence from an after the passage of this act, and to continue during is natural life. The amendment of the committee was to strike out the words “to continue during his natural life, " and insert in lieu thereof the words “pay him at that rats in lieu of any other pension to which he may be entitled.” The amendment was agree to. The bill, as amended, was then read the 3rd time and passed.
Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. A. J. GRAY.
Mr. PERHAM, from the ComInvalidPens, reported back, with a recommendation that it 0 pass, Senate bill No. 180, for the relief of A. J. Gray. The bill was read. It requires the ComrPensions to place the name of An drew J. Gray, late 0.pi at on board the U.S. nboat Judge Torrenee, upon the list of inva did pensioners, at the rate for officers of his rank by act oprCesocnrgibreesds approved Jul " 14, 1862. The amendment reported by the committee was read, which was to add at the end of the bill the words, “to be paid out of the naval fund."
Skip Skip The amendment was agreed to. 'The bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed. 7
Mr. PERHAM mtRtv the bill was passed; upon the table. agreed to. mas. nuances inwm.
Mr. PERHAM. I am instructed by the ComInvalidPens to move that that committee be discharged from the further consideration of Senate bill No. 291, entitled An act granting a pension to Mrs. Rebecca Irwin, ” on the ground that, in the administration of the Pension Bureau, such cases are already provided for. The motion was agreed to; and the bill was laid on the table. IRA B. OUR'rts.
Mr. PERHAM, from the ComInvalidPens, reported a bill for the benefit of Ira B. Curtis; which was read a 1st and 2nd time. The bill was read. It directs the SecyInterior to place the name of Ira B. Curtis on the enson roll as an asst surgeon, wholly disabled in the service, at the rate of 17 dollars permonth, commencing February 28, 1866. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. PE HHAM mtRtv the bill was passed; on the table. agreed to. JOEL FIARLEY.
Mr. PERHAM, from the ComInvalidPens, reported a bill for the relief of Joel Farley; which was read a 1st and 2nd time. The bill, which was read, directs the SecyInterior to place the name of Joel Farley, late a private 0 company F, 11th Iowa volunteer infantr', on the pension rolls at the rate of 15 dollars or month.
Skip Skip The bill was ordered to c engrossed and read a.3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. GEORGE W. BUSH.
Mr. PEI‘tHAM, from the Committee on In I valid Penswns, reported a bill for the relief of 7 George W. Bush; which was read a 1st and 2nd time. The bill, which was read at length, directs the SecyInterior to pay to George W. Bush, of the city of NewYork, late a ser eant in company G, ninetieth regiment NewYork volunteers, a pension of eight dollars permonth from August 29, 1863, to arch 3, 1865. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. PERHAM mtRtv the bill was passed; upon the table. agreed to. PENSIONS 'ro sommns or 1812.
Mr. PERHAM. I am directed by the ComInvalidPens to report adversely upon House bill No. 168, granting pensions to soldiers of the war of 1812 with GreatBritain.
The Speaker. The question is, Shall the bill be laid on the table ‘2
Mr. MILLER. I move that the bill be recommitted, with instructions to the committee to report it with a recommendation that it pass.
Mr. SPALDING. Ihope this motion will be adopted.
Mr. HALE. I wish to inquire, either from the Gentfrom Pennsylvania, [Mr. MuLEB] who has so eloquently addressed the House upon this subject, or from any member of the ComInvalidPens, what is the probable amount. of annual expenditure invo ved in this bill. And before yielding the floor I take the opportunity to suggest to the Gentfrom Pennsylvania whether he ought in substance to defy the members of this House to give any vote they may see fit to give on this or any 0| or subject. I submit to ig him whether it is quite fair for him to say to the House, “We will let the country know who is for the old soldiers and who is against them; and I shall call for the yeas and hays." I an est to him that if members entertain opinions which may clash with his it is very possible the yeas and iiays may have no particular terror for them; and I trust he did not mean to be understood as intiinating anything to that effect.
Mr. FFNGK. I ask whether this bill ro posos to give pensions to all of this number, or onlyto those who are necessitous. I would also inquire whether he has any data of the latter number.
Mr. PERHAM. I sayfrom the best data we can procure there are living not less than 111,000 of these old soldiers. Calculating by the rule of 3, taking the actual number of men inthe revolution war, and the number living and pensione 52 years after the close of the war, and applying it to the number i the war of 1812, now just 52years alter its close, there cannot be less than 111,295 men; and by the same calculation the number of widows would he 42,081, making in all, widows and soldiers, about 153,000.
Mr. MILLER. How many are in needy circumstances?
Mr. PERHAM. I am coming to that. It is of course impossible to ascertain how many would come under the provisions of this bill. Many of them are very aged. It is the practice of men when they get to t hat age to let the property they have pass into the hands of their children. Members can look around where the are acquainted and judgefor themselves. c conclude after investigation the number would be about 2/3rds.
Mr. HALE. I ask the gentleman whether, from his observation of the effect of such abill giving pensions to those in indigent circumstances, the proportionate number of those in indigent circumstances would not be rapidly increased.
Mr. PERHAM. I understand thatan estimate was made at the Pension Bureau as to the probable number who would receive pensions under the act providing for pensions for revolutionary soldiers, and thong I am not able to give the exact figures, I think it was more than 2 to one. Now, it is true that in this estimate we have not included sailors nor their widows. If we are going to pension soldiers and their widows we might in justice also to pension sailors and their widows. If we do that we shall make out 153,000 entitled to pensions. If you place it at as low a figure as 2/3rds on have 100,000 in round num mm for pensions provided by this bill. A‘pflnfliflll 'of 8 dollars permonth is 96 dollars a year, and with the incidental expenses it will amount to at least $100 a year. Mul tiply that by the whole number and you have $10,000,000 annually. I am positive that you cannot get along with less than $10,000,000 as long as the present number areliving. And I will say that we go back 15 months, so that we will have $16,000,000 of back pensions to pay. Hereafter you will have to pay annually $10,000,000. Now, it is very dilficult to say how much this would amount to in the aggro gate. We are paying the last of the revolutionary soldiers now, 83 years after the close of the war.
The Speaker. The morning hour has expired. SALE OF MARINE HOSPITALS, ETE.
Mr. WASHBURNE, of Illinois. I move to take up from the Speaker’s table a Senate bill in relation to the sale of marine hospitals and revenue cutters. The motion was agreed to; and the House.according roceoded to the consideration of Senate bil o. 381, to amend an act entitled “An act to authorize the sale of marine hos $341136 and revenue cutters, ” approved April (i. The bill was read a 1st and 2nd time.
Mr. WASHBURNE, of Illinois. This bill is for the purpose of correcting an error in a former bill). A provision in that bill was stricken out by the committee of conference by mistake. The bill was ordered to be read a 3rd time; and it was accordingly read the3rd time and passed.
Mr. WASHBURNE of Illinois, mtRtv the bill was passed; on the table. agreed to. LAND GRANTS IN MINNESOTA.
Mr. WASHBURNE, of Illinois. I shall object to that bill. Itchan'res everything in regard to the granting of public lands for such purposes., Mr. DONNELLY. The amendments report edby the ComPubLands will, lhnve no doubt, cover the objections of the Gentfrom Illinois.
Mr. WASHBURNE, of Illinois. The bill ought to be printed. It makes an entire change in the system.
Mr. DONNELLY. The bill is already printed. It makes no material change in the aw; it is simply a matter of detail.
Mr. WASHBURNE, of Illinois. to it at any rate. ltEOllGANIZATlON or THE JUDICIARY.
Mr. LAWRENCE, of Ohio, by unanimous consent, reported from the ComJudiciary, Senate bill No. 103, to reorganize the judiciary of the U.S., with sundry amendments, and moved that the bill and pen ding amendments be printed and referred to the ComJudiciary. The motion was agreed to. I object
Mr. KASSON moved to reconsider the voio by which the bill was recommitted: upon the table. agreed to. VIOLATIONS OF THE TEST OATH.
Mr. DRIGGS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComJudiciary be instructed to inquire into the expediency of mndiftliny deemproper to report ll.bill.directmg the judgesiind attorneys of tire district courtsof the U.S. in the States ately i nrebellion to specially charge grand Juries to in ui reinto the fact whether t. are have been an noations of the “ testoath" by parties appointot to and entering upon the duties of office who have been disqualified from holding omen on account of participation in the late rebellion. contrary to the Iftlfflllt blll and meaningof the ad. of Congressprescribingsaid oath. ENROLLED BILL ANDJtResolutionSIGN ED.
Mr. TROWBRIDGE, from the ComEnrollBill reported that they had examined and foun truly enrolled a bill and JtResolution of the following titles; when the Speaker signed the some: An act (S.No.226) for the relief of the Amoskeag Manufacturing Company; andJtResolution (S.R.No. 100) for the res toration of Lieutenant Oomrnander Richard L. Law, U.S. Navy, to the active list from the reserved list.
Skip Skip MESSAGE FROM THE PRESIDENT. A message in writin was received from the POTUS, by Mr. COOPER, his Private Secretary. EUROPEAN TROOPS IN MEXICO.
The Speaker laid before thd House the following messa e from the POTUS; which was ordered to be printed, and referred to the ComForAffairs: To the Senate and HoRep: In further answer to recent resolutions of the Senate and HoRep, requesting information in regard to the employment 0 European troops in Mexico, I transmit to Congress a copy of a disatch of the 4th of this month, addressed to teSecyState by the minister of the U.S. at Paris. ANDREWJOHNSON. Wssiiiso'ros, June 22, 1866. CONSTITUTIONAL AMENDMENT.
The Speaker also laid before the House the following message from the POTUS:
Mr. WILSON, of Iowa. I move that the message be printed and referred to the ComJudiciary, and on that I demand the previous question.
Mr. FINC. Idesire to move to print 50 “1,000 extra copies.
The Speaker. That motion will be in order after the question is taken on the motion to simply print and refer.
Mr. QLDRIDGE. I rise to a question of order, whether that paper should not go to the JtComReconstruction. It has ref erence to the representation from the southern States, and if the purpose is to bury it that is the best place to bury it.
The Speaker. The point of order is made too late.
Mr. BANKS. It strikes me that this is in the nature of a reply to the work of the comlmittee on reconstruction, and therefore
Mr. WILSON, of Iowa. Debate is not in order. v l
Skip Skip The question being put on the motion to print and refer, there were ayes 50. Before the result Wasannounced, Mr. HARDING, of Kentucky, in paired if it was in order to have a division of tequestion.
The Speaker. It is too late now. If the gentleman rose before a division had commenced the Chair would entertain the motion.
Mr. ELDRIDGE. If the motion does not revail, will the motion to print 50,000 be in order?
The SPEAKER. A motion to print an extra number of copies'would go to the ComPrintg under the law.
Mr. WILSON, of Iowa. I desire to make a suggestion.
Mr. vELDR IDGE. I hope the motion to printwill be separated from the motion to refer to the ComJudiciary.
Mr. WILSON, of Iowa. I submitted the diciary because I thought at the moment that that was the proper committee. No member of the JtComReconstruction seemed to consider that it should go to that committee until the Gentfrom Massachusetts [Mr. BANKS] suggested it. I now understand that some of the members of that committee think it should be referred to them, and I am inclined to think. upon reflection, that it is the proper committee to which to refer it.
The Speaker. The Chair is of opinion that it is the proper committee, and had the point of order been raised in time, the Chair would have so ruled.
Mr. WILSON, of Iowa. I ask unanimous consent to modify my motion, and move that the message and accompanying documents, if any, be printed and referred to the JtComReconstruction. No objection was made, and the motion was agreed to.
Mr. FINCK moved that 50,000 extra copies of the message and documents be printed for the use of members. The motion went to the ComPrintg under the law.
Skip Skip LEAVE OF ABSENCE. Mr. GARFIELD asked and obtained leave 3f absence for himself for one week from to ay. mum; APPROPRIATION BILL.
Mr. KASSON. ‘I move that the rules be suspended, and that the House resolve itself into ComWhole on the state of the Union for the purpose of considering the special order, being the Indian appropriation l. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itselfiiito the ComWhole on the state of the Union, (Mr. RANDALL, of Pennsylvania, in the chair,) and proceeded to the consideration of the special order, being House bill No. 387, making appropriations for the current and contin ent expenses of the Indian dept, andgfor fulfilling treaty stipulations with various Indian tribes for the year ending 30th June, 186'L B'unanimous consent the 1st reading of the bill was dispensed with. The Clerk proceeded to read. the bill by clauses for amendment.
Mr. KASSON. I move to amend the clause l “ for pay of an engineer to grist and saw mill at Leech Lake, $600, " by inserting after the words “Leech Lake" the words “per 3rd. article of treaty of 22d of February, 1855.’
Mr. KASSON. [also move to amend the ; cent., being the value of 30 ‘six sections of l $2, 804, ” y inserting after the word “ educa motion to refer to the ComJudiciary, under the head of "' Chip ewus, Pillager, and i LakeWinnebagoshish ban 5, ” which nowrcads l clause in relation to the Delnwares, which now. 1 reads. “ for interest On $46, 800 at 5 perpewasof Lake Superior. setting L'orththat [her care ll, l,1:ll ll land set a art by treaty of 1820 fqr education, 1tion” the words “ perSenate resolution of January 10, 1838, and 5th article of treaty of May 6, 1856.”
Mr. KASSON. I also move to amend the clause in relation to the Iowas which now reads, “ for interest in lieu of in stment on $57, 600, balance of $167, 500, to the 1st of July, 1866, at 5%. perannum, for education or other beneficial purposes, under the direction of the President, $2, 876, " by inserting after the word “ President” the words “per 2nd article treaty October 19, 1888, and 9th article treaty May 17, 1854."
Mr. KASSON. I also move to amend the clause under head of “Kansas, ” which now reads, “for interest in lieu of investment on $200,000 at 5%. 'per annum, $10,000, ” by inserting after “per annum” “per 2nd article treaty January 14, 1846.”
Mr. KASSON. I also move to amend the 1st clause under the head of “Kickapoos, ” which now reads, “ for 14th installment of interest, at 5%. on $100,000 for educational and other beneficial purposes, $5,000, ” by inserting after the word “purposes” the words “ per2nd article treaty n 18, 1854.”
Mr. KASSON. I also move to amend the 2nd clause under the head of “Menom ‘onees, ” which now reads, “for 1st of 15 installments of annuity upon $242,086 for cession of lands, $16, 170,063, ” by inserting after the word "' lands" the words “ per3rd arTT cle treaty May 12, 1854, and Senate amendments thereto;” and also by striking out the words “and 2 8th s."
Mr. WINDOM. I ask unanimous consent of the committee to go back to the clauses under the head of “Chippewas of Lake Superior." No objection was made.
Mr. wINDOM. I move the following as additional clauses to come in under the head of “Chippewas of Lake Superior:” For.this amount. to pay the salary and incidental exjli‘cnsesof aphysician for the Chippewa Indians of gait 0620 Superiorfor the fiscalyear endingJune 30, 1867, Earth is amount to purchase medicinesfor thesick of said Indians for the fiscal year ending June 30, This amendment was prepared by the ComrIndAff and transmitted to me with the request that I would offer it as an amendment to this bill. I have here a communication from the SecyInterior, and.one from the ComrIndAff, stating that there is no fund for the payment of a physician for these Indians, and the funds of these Indians are not sufficient for that purpose.
Mr. KASSON. Let the letters he read. The ComAppropriat have no information on the subject.
Mr. KASSON. I have no knowledge of the facts. except as they are stated in the remarks of the Gentfrom Minnesota, [Mr. wINDOM] an in the letters which have been read. I shall be obliged, therefore, to submit the question to the action of the committee, only remarking that I do not find that the appropriations for the benefit of this tribe are so small as would seem to be indicated by one of the letters. The appropriations in this bill for these Indians, for various purposes amount to a great many 1,000 dollars. Among the appropriations I find the following; For 12th of 20 installments in coin.per4th article treaty30thSeptember, 1854$, 5,000. The application of this sum is not specified, and I would suggest that a portion might be, expended for the purchase of necessary medicines. I would remark, however, that according to the experience hitherto in the West, the fewer the medicines that find their way among these tribes, the better will be their health. If it be deemed necessary to have a physician for these Indians, I certainly am not disposed to object.
Mr. SPALDING. Mr. Chairman, I do not feel at liberty to vote for this amendment, and I hope that the committee will not agree to it. It seems to me somewhat remarkable that after the numerous appropriations embraced in the hill, amountin to 1000s of dollars, we should now be asked to send among these Indians, at an expense of $1,500, some person (who could probabl now be named) as a phy sician to prescribe or the bodily ills of the Indians. I believe that this is only one method among 10,000 of providing for some favorites who are hanging around this Indian ureau.
Mr. WINDOM. I am not aware of any facts in addition to those I have stated. If there be any favorites hanging around, expecting to get places, I do not know anything about that. I have offered this amendment simply because such a provision has been recommended by the chiof of the Indian Office and the head of the Interior Dept. Whenever there is offered here any proposition directed against the Indians, the sympathies of certain gentlemen are always aroused' but whenever it is proposed to do anything for the benefit of the ndians the proposition is at once suspected as involving some improper scheme. believe that the appropriation which I have moved is an honest appropriation and ought to be made. Iknow noting about it, however, except what I have stated.
Mr. SPALDING. The prejudice is not against the Indians, but against some of our own race, who seek to defraud the Indians as well as the Government. Thatis what arouses our suspicions; and the trouble is that the Indian accounts have been full of instances of such frauds, as has been found by investigation of those accounts in the committee room.
Mr. KASSON. I think that under the circumstances it is better to let the bill go to the The matter can be presented to the ComIndAffrs of that body. with proper statements regarding the matter. I‘hn amendment was not agreed to.
Mr. KASSON. I move to amend by insert;ing it the end of line 450 threc the words “per 4th article treat September 24, 1857;" so that the paragrap will read as follows: For grist and saw mill, and keeping the same in repairs, per4th article treaty September21, 1867,
Mr. KASSON. I move to amend by striking out, in lines 499 and 500, the words “to supply a deficiency in this appropriation for the current fiscal year” and inserting in lieu thereof the words “for iron and steel;” so that the para graph will read: For permanentprovisionfor 3 blacksmithsand assts.andpermanent provision for iron andsteel for shops. pert ird article treatyI16thOctober, 18 2ndarticle treat.' 20thSc tem er, 1823a.ndsecon artiizle treaty 29th uly, 182. $2, 160, and for iron and stee. $060
Mr. KASSON. I move to amend by striking out, in line 600 and23, “19th, ” and inserting in lieu thereof “ 29th, ” and by striking out, in line 624, the word “ 3 ” and inserting in lieu thereof the word “4;" so that the paragraph will read: Urgpquns and Calapooias of Umpiiua Valley. regon:. For 2ndof 5 installments.of the 3rd series, of annuity for beneficial objects.to be expendedas directedby the President per3rd article treaty29th Scptember.1854, 81.700.
Mr. COBB. I move to amend by inserting after line 641 the follow In"! OCOflS Winnebago and Pottawatomic Indians of WischTaorgcenab‘fbthe SecyInterior to take of certain stray bands of Winnebago and Pottawatomio Indians in the State of Wisconsin, 810.0(1). This is a very necessary appropriation. I am authorized to say it was on y omitted from the estimates upon which this bill was framed because of a clerical error. I will say, from my own personal knowledge, the appropriation is absolutely necessary.
Mr. SPALDING. Has the gentleman any letter from the SecyInterior or the ComrIndAff?
Mr. COBB. There is such a letter in my possession, but I have it not here. It states the fact I have just given to the House. These Indians are located, not in rn district, but in the district of my colleague, [ll Mr. Melanom] I have, therefore, no particular personal interest in the matter. My colleague left the paper with others in m possession. I have been absent for several eye and did not expect this bill to come up today.
Mr. SPALDING. I do not doubt the gentleman’s word. I only object to this mode of doing business. Here is an increase of $10,000 on the gentleman’s saying that sum was left out of the estimates by a clerical mistake.
Mr. KASSON. I will say, in reference to this, that at the end of the bill my friend will find the following: For salary of a special agentto take charge of the winncbazo and ottiiwatomie Indians now in the State of Wisconsin.$1.500. This whole subject was presented to the ComAppropriat, including the item of $10,000 he asks for. The committee was not satisfied of the necessity of the approriation, and it refused to grant it. I am also instructed to move to strike out the clause for a special agent, as the Indian Bureau declares they do not want this special agent without the other appropriation, that committee declining to give it on the information furnished. That is the state of affairs as connected with this action of the committee.
Mr. COBB. I ask in what manner this subject was before the committee.
Mr. KASSON. Through the estimates. such is my recollection.
Mr. KASSON. I have not been able to hear the whole of the statement of the Gentfrom Wisconsin, [Mr. Coun] but I would remind him that at the last session of Congress we appropriated $10,000 for this same purpose. I won d like him to state how that appropriation was expended, if it proved insufficient, or why it is that this additional demand is made.
Mr. COBB. I can only state what the ComrIndAff told me in an informal conversation, and that was, that one reason why this item was not embraced in the estimates was that this special agent had not when the estimates were prepared made his report on the expenditure of the $10,000 approriated last. year.
Mr. KASSON. M impression is that the allowance of money or such a par ose will not really accomplish the object designed. These Indians are unwilling to go. They have returned, as my friend states, to their old ground. There is but one way to accomplish their removal, and that is through the military action of the Government. This idea of appropriating $10,000 year after year for this purpose is a waste of so much money. It Will not enable the Government to remove the Indians. The appropriations heretofore made have been' unavailing, and I believe that it would be better to rely upon the military arm of the Government.
Mr. WASHBURNE, of Illinois. I desire to say a word upon this subject, in addition to what has been said by my friendfrom Wisconsin, [Mr. Coma] I have the hoaorto represent a district adjoining that.of his colleague, [Mr. hiclxnora] and 1 know something of the state of things which has existed in that district in relation to these Indians. The Indians of this tribe have been in the habit of coining back to their own camping grounds, and have been a great nuisance to the people all through the section of country to which my friend has referred. They have committed innumerable outrages, and I think the cheapest way of get tin rid of them is to make an appropriation an employ a superintendent or agent to remove them. It would cost more to remove them by military power, even if it could be done, than the amount now asked for. The committee can well understand what a nui sance it is to the people of that section of country to have these ndians roving about, thievin, and robbing, and sometimes even murdering. I think, sir, that this will be the cheapest way to get rid of them. But I hope my friend will reduce the appropriation from $10,000 to $5,000. I think $5,000 will be enough for the purpose.
Mr. KASSON. I confess I do not see how an appropriation of $10,000 or $5,000 is going to get the Indians out of that country and keep them outof it. eVen though the fund be administered by a very good agent.
Mr. COBB. In reply to the gentleman Iwill say that I have no idea the money would be sufficient for the purpose of removing these Indians, for I have no doubt but it would cost $100,000 to remove them. This appropriation is to take care of them where they are.
Mr. KASSON. I suggest to my friendfrom Wisconsin, without wishing to prejudice his proposition at all, that since this bill has been printed, it has been submitted to the Indian dept, and they have made no communication upon this subject to the ComAppropriat. I trust he will let the bill go to the Senate, and let the committee there examine the whole subject. I know of no disposition on the part of any member of the ComAppropriat of this House to prevent the accomplishment of this object in any proper way; but I submit to him that we are not now prepared to pass decisively upon it.
Mr. C BB. If it were my own motion, I would agree with the gentleman’s suggestion, but I have made the motion in behalf of my colleague [Mr. MCINDOE] who is absent, and I do not feel at liberty to withdraw it.
Mr. wASHBURNE, of Illinois. I move to amend the amendment by striking out $10,000, and inserting in lieu thereof $5,000. The amendment to The amendment was agreed to. The amendment, as amended, was agreed to.
Mr. KASSON. At the end of line 697 I move to insert the words “per h th article treatyJanua ry 31, 1855;” so that it will read: Minna Tribe: For 1st of 4 installmentsof $630,000(b.eingthe 4th series.) under the direction of the Pros! ent. perfiflh article treaty January 81, 1855, 81.500.
Mr. KASSON., I move to amend, in line 779, by inserting after the wor “President” the words “ or 4th article treaty 11th July, 1055, ” sot at it will read: I No: Perce Indians: For 2nd of live installments, of 2nd series, for beneficial objects.at discretion of the President, per4th article treaty July 11.1855. $8,000.
Mr. KASSON. There are a number of these amendments which I am instructed to offer, merely inserting the dates of treaties. They are, in fact, mere verbal corrections of the bill, and it will save a great deal of time if I hand a list of them to the Clerk and let him make the corrections. I hope there will be no objection to that course being pursued., o objection was made, and the bill was correcte aceordin l.
Mr. BURLEIGTIT I find the following clause in this bill: For insurance and transportation of annuity goods and provisions to the Flat and Indians for the fiscal year ending ] uric 30, 1867.$11.92)41. Now, 'I desire to inquire of the Gentfrom Iowa [Mr. Kassos] if it is proposed to make appropriations for insuring Indian goods. I know that last year there were some 70 or 80,000 dollars’ worth of Indian goods burned at StLouis, upon which there was no insurance.
Mr. KASSON. This proviso n has been heretofore placed in In ian appropriation bills. It is a simple estion as to whether the Government shall insure its own goods or get them insured.
Mr. BURLEIGH. I know that Indian goods have been destroyed for the past 2 or 3 years. I know that some 70 or 80,000 dollars’ worth of Indian goods were destroyed at StLouis last year; and I know they were not insured. If money is appropriated for this purpose, I want to know why it is not so applied.
Mr. KASSON. The ComApproriations, as the Gentfrom Dakota [Mr. URLEIGH] well knows, is not in charge of the expenditures of the Indian dept. It has been thought proper to place this item in the Indian appropriation bill, leaving it to the ComrIndAff to insure such goods as he may deem it proper to insure. The goods that are sent across the plains in wagons are not generally insured, I believe. Those that go up the Missouri river, I think, are probably insured; if not, perhaps they ought to be. But that is a matter of discretion on the part of the ComrIndAff.
Mr. BURLEIGH. I know that those gpods were destroyed; and I know that no insurance was effected upon them; and I ask, what is the use of appropriating this money for the purpose of insuring these Indians’ goods when it is not used for that purpose, but most probably divided 11 among the officers of the Indian Bureau? move to strike out this clause.
The CHAIRMAN. The committee have in passed that point in the consideration of this bill, the motion of the Gentfrom Dakota [ML BURLEIGH] can be entertained only by unanimous consent.
Mr. wASHBURNE, of Illinois. to going back for any such purpose.
Mr. KASSON. I move to amend the clause under the head of “ Indian service in Colorado Territory, ” which now reads, “for pament of interest on $68,000 abstracted bonds, or the fiscal year ending June 30, 1800, $4,080, ” by inserting after “ 1866” the words “of the Cher okee national fund.”
Mr. BURLEIGH. I move to strike‘out the clause which reads as follows: For subsistence.clothing and general incidental expensesof the Sisseton, Wallpaton. Medawakan ton and Wabpakoota bands of Sioux or Dakota Indians, attheir new homes, $100,000 My reason for that motion is this: these Iii diuus were removed from Minnesota to Dakota Territory in 1863, in pursuance of an act of Congress. Within the last few months these Indians have been removed from their former location in the Territory down into our settlement. I believe that this whole thing has been done in violation oflaw, and not in pursuance of the act of Congress which gave the authority for their removal from the State of Minnesota and their location in the Territory of Dakota. Now, it appears to me to be high time for congress to understand the action of our Indian agents before they appropriate any more money for this purpose. These Indians have been located in our midst, and we have been told by the ofieers having this matter in charge that they have been located there in nrsuance of the authority 'ven by the act ot Congress of 1803. New, flan: perfectly satisfied, and so are others better qualified to judge of these matters, that the power conferred by that act was exhausted by the 1st removal and location of these Indians.‘ I would like to have the sense of the House upon that question, and therefore I' move to strike out this plause. The motion to strike out was not agreed to. I object
The Clerk read the following: Indian' servicein Dakota Territory: For the encral incidental expenses of the Indian servicein akota Territory presentsof goods.a riculturnl implements and other useful articles.an to assistthemto locate in permanent abodesand sustain themselvesby the pursuits of civilized life. to be expendedunder the irection of the SecyInterior, 820.000.
Mr. HUBBARD, of Iowa. I d? not know that that appropriation is needed or Dakota Territory. [Laughter] I therefore move to strike it out.
Mr. WASHBURNE, of Illinois. That motion comes from the ComIndAffrs, I believe. [Laughter.] I hope it will be agreed to. The motion to strike out was agreed to.
Mr. KASSON. I move to amend line 1243 by inserting after the word “ superintendency" the words “for the fiscal year ending June 30, 1867.”
Mr. KASSON. I am also instructed by the ComA propriations to move to strike out the clause which reads as follows: For salary of a special agent to take charge of Winnebago and Pottawatomie Indians now in the State of Wisconsin. 61,500.
Mr. COBB. I hope, Mr. Chairman, that this amendment will not prevail. We have already appropriated $5,000 for the benefit of these In ians. It is necessary that this agent should be continued in order that this appropriation shall be of any use.
Mr. KASSON. There are agents new connected with the dept who can take charge of the administration of this fund. I understand that there is an excellent agent who has attended to this business heretofore and can do so again. It certainly is not proper‘ to create a permanent agenc with a sa ary of $1,500 perannum for the isbursement of a single fund of $5,000. lidr. COBB. I beg leave to inform the Gentfrom Iowa that the very competent agent as well as honest man to whom he refers has been removed from office; and whether as good a one has been appointed in his place remains to be seen; I very much doubtit. But that agent, however competent, however honest, never did perform these duties. All the appropriations tor this purpose have been expended through the agency of Mr. Lemereaux, a special agent appointed some 2 years ago. I have no doubt that there are a great many agents belonging to the Indian dept, and I do not doubt that there is a great deal of material out of which new agents maybe made if there be not already a sufficient number. But this gentlemen resides in the immediate localityc has taken care of these Indians for the last 2 ears, expending all the appropriations that have been made for them. I think it would be poor economy at this time to abolish this office. I trust that the gentleman will not ress his amendment.
Mr. I ASSON. This is nota matter of very great consequence, and I certainly am not disposed to make a strong point upon a small matter. But it certainly appears to me improper to appoint anment at an annual sal ary of $1,500 to expen an appropriatiOn of $5,000. He would probably be able to disburse the money in 30 days.
Mr. COBB. If the expenses of disbursin this appropriation of $5,000 are to be deducte‘ from the appropriation itself the amount remaining Will) be sufficient to accomplish the object contemplated.
Mr. KASSON. If the gentleman says that there is now no agent connected with the dept who can properly disburse this sum of $5,000 and take charge of these Indians. I certainly will not insist on my amendment.
Mr. KASSON. Then I Withdraw the amendment.
Mr. Clfairman, Iam instructed by the ComAppropriations to offer as new sections, l to come in at the end of the bill, the paragraph; l which I send to the Clerk.
The Clerk read as follows:. SEC. Abife: That from Md after the 31stday of December 1866 the Secretar of or shall exorcise the so orvlsory and appofato powers, and (possess the Jurisdiction now and possesse y the SecyInterior cr, isiend relation to all the acts ot the ComrIndAff, and shall signall requisitionsfor the advance or payment of money out of the Trmsury on estimates or accounts, subject to the some adjustment or control now exercised on similar estimates'prac countsbyth’e Auditors and Comptrollorsoftho Treasury or either of them. $80. Abife: That
Mr. lVINDOM. I raise the point of order that this amendment is out of order, for the reason that it is not to carry out any treaty stipulation or any provision of existing law. Hence it is not in order on an appropriation bill.
Mr. KASSOH. If I understand the objection, it does not apply. as the amendment is germane to the objects of the hill, being designed to direct the manner in which the printions shall hereafter be disbursed. appsurobmit, therefore, that the pomt of order is not well taken.
The CHAIRMAN. The Chair rules that the amendment is not in order, as it changes.exuitin law.
Mr. KASSON. Let the whole amendment be read before the Chair gives his decision. The Clerk concluded the reading of the amendment, as follows: Sec. 2. Abife: That the SecyWar shall be authorized wheneverin his opinion it shall promote the economy and officienoyof the Indian service. to establish convenient depts and districts for the proper mlmiuistrat on of the duties now imposed by law on the superintendents of Indian nifaiismul upon agents and sub agents. pnil to substitutelor such superintendents and agents oliicersof the Army of the U.S., who shall designatedfor that purpose and who shall then amine chargedw.i tlai ll the duties now imposedby wupon the superintendents and agents thussuper ledod and Without additional compensationthere lor. fillicers of the Army sodosiiliaahmld shall not be required to give the bondsnow requiredof civil appointee i, but shall beresponsible tor anyiicgloct or maladunnistmtion, according to the Rules and Arti ales of War. Sun. 3. Abife: That Inputs acts for transportationconiicctedWith (heIn inn service all hereafter be madein the some lllllllllfl“and at the some time pronded for transportation for die useof the Army. Sac. l. Abife: That the SecyWar shall be authorized to withhold all special specusesiroin traders.and. undar regulations to be y him prescribed.to provide the timesand places at which all traders coinplyin thercu'ilh may pres out themselves for baron in. arter, and exchange.with the several Indian tribes according to the law oflhc U.S.re plating the same. SEC. 5. Abife: That all laws and parts of laws inconsistentwith the provisionsof this not are herebyrepealed.
The CHAIRMAN. The Clerk will read for the information of the committee the rule on which the decision of the Chair is based.
The Clerk read as follows: "No appropriationshall be reported in such general appropriation bills or be in order as an amendment.thercto, tor any expenditure not previouslyauthor lzed by law. unlessin continuation of appropriations for such public works and ob;cctsus are already in progress and for the continizenciesfor carrying on the severalDeptsof the Government."
The CHAIRMAN. It has been decided that, Iuder this rule it is not in order to propose.an amendment to a general appropriation bill which change;an existing law.
Mr. KASSON., I believe the Chair is right. 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 resumgd the chair, Mr. RANDALL, of JPennsylvania, reported that the ComWhole on the state of the Union had, Qocording to order, had the Union generally under consideration, and particularly House, bill No. 337, making appropriations for the purrent and contingent excases of the Indian dept, and for ful llin treaty stipulations with various Indian tribes for the year Anding June 30, 1867, and had directed him to report the some back to the House with sundry monduiouts.
Mr. KASSON. I more that the vote he, Laken on all the amendments of the ComWhole on the state of the Union,thi'co.persons.learned reserving for a separate vote the amendment adopted on motion of the Gentfrom Iowa, [Mr. Hammad] There was no objection, and the amendments were concurred in. The question then recurred on striking out the following words: In inn servieein Dakota Territory: For this oneralincidental expensesof the Indian service in nkotaTerritory. presentsof goods, agricultural implement s, arid at or useful articles, and boll $8!“ the ta to locatein permanentabodesand sustain theinsevos b the pursuitsof civilized life. tobe expendedunder the direction of the SecyInterior. $3M“).
Mr. HUBBARD, of Iowa. on that amendment. the amendment was non-concurred in. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. KASSON mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, ll?
Mr. Sui m, one of its Clerks, notifyin the house that that body had passed a bil (S.No.369) to establish certain post roads, in which he was directed to ask the concurrence of the House. KOONTZ VERSUS COFFROTH.
Mr. DAWES presented papers in the case of Koontz vs. con'roth; which were referred to the ComElections. REVISION OF U.S. STATUTES.
Skip Skip Mr. WOODBRIDGE mtRtv the bill was passed; upon the table. agreed to. [LEAVE OF ABSENCE. The Speaker asked and obtained indefinite leave of absence for Mr. Ksrcum and Mr. I. L. Trionus. ELLEN SANDERSON.
Mr. ROUSSEAU. I ask unanimous consent to report, from the ComMilAffrs, house bill No. 275, for the relief of Ellen Sanderson. The bill was read. It authorizes the payment of $10000 to Ellen Sanderson, widow of Colonel john P Sanderson, provost mar shal general of Missouri, ibr services in detecting and exposing an organized oonspirae in the loyal States against the Government olythe U.S.
Mr. W ASHBURNE of Illinois. That report is not ver satisfactory.
Mr. BOUTWELL, and Mr. ASHLEY, of Ohio, objected to the consideration of the bill.
Mr. ROUSSEAU. I am sorry there is any objection raised.
Mr. BOUTWELL. I will withdraw my oh jection for the purpose of hearing a statement of the facts, reserving the right to renew it.,
Mr. ROUSSEAU. I can state the casein a few words. I suppose every member is aware of the fact that this man was provost marshal in General Rosecrans’s district. Hes ent some 3 months of the latter part of is life in detecting and exposing a cons irecy gotten up in the Northwest to overthrow the Government, in which Bowles and Horsey were implicated and convicted. Everybody is familiar with it. There was but one such conspiracy against the Government that I know of. except the great rebellion. In detecting and exposiii this cons iraey, Colonel Sanderson devote the last t ree months of his life, and in fact died in his efforts just before the work was completed.
Mr. ASHLEY, of Ohio. If there is to be any report made in this case I will withdraw my objection.
Mr. ROUSSEAU. I have only to say that he gave up his life in the discoveryof this conspirac, and I know of no more important work done during the rebellion than that which he did, nothing more beneficial to the country. I think if there is a just claim it aint the Government that has been presents during this session it is this one on behalf of his widow.
Mr. BENJAMIN. I would inquire if colonel Sanderson was not an officer of the Army, drawing his pay like other officers.
Mr. BENJAMIN. Did he discharge any other duty than what was incunfbent upon him as an officer of the Government?
Mr. ItOUSSEAU. Perhaps he nothing but what he ought to haveddisocnhea, rpeindt his services were, very extraordinary, such as were never rendered before, I believe, in the history of this country by anybody extraor dinary not only in character as re. rds labor and difficult, bnt in their results. wig yield to the ntIeman' from Ohio, [Mr. S aims Bsiiosn..
Mr. BENJAMIN. I desire to ask the Gentfrom Ohio when this officer laid down his life for the Government, and in what manner he did it. He died a natural death, did he not‘.
Mr. SHELLABARGER. It was the hard work he performed in hisinlirm state of health that killed him. The amount of work he did can be shown by the manuscript he produced, which is, I believe, in the hands of the Military Committee of this House. It includes several 1,000 pages of report.
Mr. BENJAMIN. I object to the conside ration of the hill. “ HOMESTEAD SELECTION.
Mr. DONNELLY, by unanimous consent, introduced a JtResolution to enable discharged soldiers to change the location of homestead selections in certain cases; which was read a 1st and 2nd time and referred to the ComPubLands. And then, on motion of Mr. SPALDING, g: ten minutes ast 4 o’clock, p. in.,) the use adjourn.
Skip Skip PETITIONS, ETE. The fallowing petitions, the"were presentedunder therule and referred to the appropriate committees: Mr. BANKS: The memorial of General M. 0. Ma: and several100 residents and citizensof Wineington, prayiplzthat Congress“1" appropriate suitablemurals. within a convenient distance of the for a public lso, park. the memorial of General 0. 0. Howard, and many others.citizens and residents of Washington, ing thateongrmswill setapart suitable grounds or a publicpark of not lessthan 1,000 acres, within a convenient illstance of the city. By Mr. GRISWOLD: Remonstrancesof a large nmuamkibnerRoofucsieTTzsePnosine tf bnroidrtgheearnpo NsetrwoaYdo.rk valnst By A Mr. HALE: Twylvelpetitionsofcitizens of Clin tpoonoal nd Essexcounties. I NewYork, praying the re of an act to establisha post route from West. Alburg. Vermont, to Champlain NewYork and for other purposes approved ll pay 2i, 1366. By Mr. OTEI 1'I85: The etition of citizensof rooms county. how York, r the relief of State 3. By Mr. PERHAM: The petitiop of Emerauce Be rubo. for pensionto her mine r children. Mr. ICE.of Massachusetts: the remenstrnnoe of t. o Atchisqn and Pike’s Peak Railroad Company against grniitin permissionto the Kansas branch of the Union Purl c railroad to refilo theirmap, ke. By Mr. WOUDBRIDGE: The petition ofll. IL Lov eri go and 30others, citizens of Mcadvfllc, Penns l Vainllciar,foprretshiederenltieoff oCfhEedrwryinRLu.nDarankde;ChaolsnoaonfuJoohn pm, and Oil others. for the may purpose.
@@@IN SENATE SENATE. SATURDAY, June 28, 1866. Prayer by Rev. Dr. McCosu, of Queen's College, Belfast, Ireland. On motion of Mr. WILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS, Mr. WILSON presented the petition ofLieu tenant Colonel h‘ oyd Jones, of the 19th infantry, and other officers of the Army, ray in for an increase of compensation; which was re 'erred to the ComMilAffrs . ‘Mr. MORGAN presented the petition of peter W. King & Co., and other importers and dealers in coffee, tea, sugar, and other foreign mer chandise, praying that the tax on sales made by commercial brokers may be repealed; which was ordered to lie on the table. Mr. HARRIS presented fourpetitions of citizens of NewYork, praying for the repeal or modification of the law imposing a tax of 10%. on the circulation of State banks after the 1st of July next; which were ordered to lie on the table. He also presented the petition of the North American Rossel Committee. praying Congress to make a donation to assist in erecting a national monument at the seat of Government to the memory of Joseph Ressel, the author of the invention and of the 1st application of the screw in steam navigation; which was referred to the ComNaval AlIairs. REPORTS OF COMMITTEES.
Mr. COWAN, from the ComPatents and' the Patent Office, to whom was referred a bill (H.R.No. 591) for the relief of Thomas D. Burrall, reported it without amendment. He also, from the same committee, to whom was referred the memorial of Hayward A. Har vey, praying for a further extension of the pat ents grante to the late Thomas W. Harvey, for the manufacture of wood screws, reported abill (S.No.388 for the relief of Ha ward A. Harvey: which was read and passe to a 2nd reading. He also, from the same committee, to whom was referred the petition of Stephen R. Parkhurst, praying for an extension of his patent for.Illling cotton and barring wool, reported a hi 1 (S.No.389) for the relief of Stephen R. Parkhurst; which was read and passed to a 2nd reading.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a petition of citizens of Union county, Indiana praying that a pension may be granted to John Pyle who lost his left leg while in the discharge of his duty as a soldier, submitted a report accompanied by a bill (S.No.390) granting a pensmn to John Pyle. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. PATENT FEES.
Mr. COWAN. I am instructed by the ComPatents and the Patent office, to whom was referred the bill (H.R.No. 342) in amendment of an act to promote the pro ress of the useful arts, and the acts in amendment of and in addition thereto, to report it back without amendment and with the recommendation that it pass. As I presume there will be no objection to the bill, I ask unanimous consent to have it considered this morning. There being no objection, the bill was considered as in ComWhole. It provides that upon appealing for the 1st time from the decision of the primary examiner to the examiners in cliief in the Patent office, the appellant shall pay afee of ten dollars into the Patent Office to the credit of the patent fund; and that no appeal ffon the rimary examiner. to the examiners lncluef shall hereafter be allowed until the appellant shall pay this fee.
Mr. COWAN. 1 will merely state that an applicationfor a patent is 1st referred to the primary examiner, and if the decision is adverse there is an appeal to the board of examiners, hut on that appeal there is no fee now paid. It is complained in the office that parties do not appear before the primary examiners, because they can appeal without any additional cost; and it is therefore thought to be advisable, for the purpose of compelling them to attend to the case before the primary examiners, that there should be an appeal fee, to be paid before going to the examiners in chief. The committee think this is preper, and have therefore recommended the passage of the bill.
Mr. GRIMES. Is that all there is in the bill?
Mr. COWAN. That is all. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. 1 BILL INTRODUCED.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.387) to secure the speedy construction of the Northern Pacific railroad and telegraph line, and to secure to the Government the use of the same for postal, militar, and other purposes; which was read twice its title, referred to the Comthe Ixacific Railroad, and ordered to be printed. uicusnn w. MEADE.
Mr. WILLIAMS. I move that the Senate proceed to the consideration of the JtResolution (S.No.39) to refer the claim of the administrator of Richard W. Meade. deceased, to the Court of Claims.
Mr. FESSENDEN. I do not know what the meaning of that is. I am ‘utterly opposed to these resolutions referring particular cases to the Court of Claims, over which that court now have no jurisdiction. If we w'pit to increase their jurisdiction we should do it by an amendment to the statute, without taking up these cases, of which they have no jurisdiction now, and referring them there.
Mr. WILLIAMS. I should like to have the resolution read before it is condemned, so that the Senate may see what it contains.
The PRESIDENT protempore. The reading of the resolution at length is asked for, and it will be read.
The Secretary road as follows: Whereasdoubtsare entertainedwhetherthe claim of the estate of Richard W. Meade, deceased.upon the Governmentof the U.S. is coveredand embraced by the 9th section of the netof3d March, 1863.ontitled “An act t9 amendair notto establisha court for the investigation of claimsagainstthe U.S., " approved February24, 1855, which case was referred to the said court by resolution of the Senate, passed27thFebruary, 1861: to removeall do'p‘btson that subject, Remlved 490., but the said claim of Richard w. Meade, administrator of Rlfh ‘ld'dW code, do ceased, be and the sainq is lieroby.referred to the Court of Claims for adjudicat i0nthereof. pursuant to authority conferredupon said court byan esprin law to examineand decideclaims againstthe U.S. referred to it by (kingress.
Mr. FESSENDEN. I do not see that that meets the obje'ction at all!
The PRESIDENT prolemporc. It is moved that the Senate proceed to the consideration of. the JtResolution which hasjust been read.
Mr. FESSENDEN. I hope it will not be taken up. I am opposed to all of these res olutions.
Mr. CLARK. I have had no opportunit of examining this claim at length, though desire to do so, and I. suggest to the Senfrom Oregon that he let it lie until the 1st of next week.
Mr. WILLIAMS. I have no desire to press the matter unduly; but the case is now pending in court, and when it is reached upon the docket it will be dismissed, I suppose, unless there is some resolution passed by opgress recognizing or confirmin the jurisdiction of the court.
Mr. CLA K. I presume that will not be done during next week. I move that the resolution be postponed until next week.
Mr. TRUMBULL. 'I believe it has not yet been taken up.
The PRESIDENT protempore. Is the motion to take up the JtResolution with drawn?
Mr. WILLIAMS. Yes, sir, it is. ACCOMMODATION 0! STATE DEPT.
Mr. TRUMBULL. I move to take up for consideration Senate JtResolution No. 110, which I reported 2 or 3 days ago. The motion was agreed to; and the JtResolution (S.R.No. 110) to authorize the hiring of a buildingpr buildings for the temporary accommgdation of the Dept of State was read the 2nd time and considered as in ComWhole. Its purpose is to authorize the Secrets of State to hire a suit able building or build’in s for the temporary accommodation of the Dept of State. It makes an appropriation of such sum, not exceeding $50,000, as may be necessary to ward defrayingjhe expense of such hirin, the transfer of the public archives, and the tting up of the buildin or buildings. The JtResolution was reported to the Senate, orderengross for a 3rd reading, read the 3rd time, and passed. HISTORY OF Till i ltl lHELLION.
Mr. WILSON. I move to take up the JtResolution No. 86. amend the bill in line 4 by striking out the serting “160 The motion was agreed to; and the Senate, asin ComWhole, resumed the consideration of the JtResolution (S.R.No. 86) to provide for the publication of the official histor of the rebellion.
Mr. WI SON. When this JtResolution was last before the Senate it was recommitted to the ComMilAffrs , and that committee have since reported a substitute for it. I resume that it is only necessary to read the substitute.
The PRESIDENT protempore. The amendment reported b the ComMilAffrs is to strike out all of the resolution after the resolving clause, and to insert in lieu of the words stricken out a substitute, which will be read. The Secretary. read the words proposed to be inserted, as follows: That the Jtresolution entitled "A resolution to provide for the printing of official reports of the armiesof the U.S., " approvedMny19, 1861l, be and the some is hereby.repealed. SM. 2. Abife: resolved That the SecyWar he and Inns hereby. authorized and required to appointa conipetent person to revisc arrange, and prepare for publication the official documentsrelating to the recllion and the operations of the Army of the U.S shall prepare a plan for said publication and estimatesof the cost thereof, to be submitted to Cpnirressat its next session. Soc. 3. Abif resolved That the person whose appointment is hereby authorizedshall receive a compensationfor his serVicesnot to exceed $2, 500 perannum, to be paid monthly by the SecyTreasury. out ofan moneysin the Treasury not otherwise appropriatei: Proimlerl, That said compensntionshall not be paid for a longer period than yo years from and after the passageof this resolu ion.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The resolution was orderengross for a 3rd reading, and was read the 3rd time and‘passed. A. M. JESS.
Mr. HARRIS. I move that the Senate proceed to the consideration of House bill No. 145. The motion was a reed to; and the Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 145) granting land to A. M. Jess, of Josephine county, Oregon.
The PRESIDENT protempo'rc. This bill has been read and amended.
Mr. GRIMES. I should like to know what it is about.
Mr. HARRIS. It is a bill for the relief of a man who had taken up land under the homestead law, and by a change in the channel of a river the land was destroyed, and this is simply to allow him to relocate it. I move to' words “320 and in before the word “acres.” The amendment was a eed to. The bill was reporte 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. LAND OFFICE IN IDAHO.
Mr. STEWART. I move to take up House bill NO. 249. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 249) to establish a land office in the Territory of Idaho. It provides that the public lands within the Territory of Idaho to which the Indian title is or shall be extinguished shall constitute a new land district, to be called the Idahodistrict, to be located at Boise City, Ada county; and the President is authorized to a point, by and with the advice and consent of toSenate, a re 'ster and receiver of public mone s for the district, who is to be required to resi e at the place at which r the office shall be located, and they are to have, the same powers. perform the some duties, and be entitled) may be prescribed by law in relation to land l offices of the U.S. in other Territories. l to the same compensation as are or, t
Mr. TRUMBULL. I should like toinquira if this is recommended by the Interior Dept or the GLO.
Mr. POMEROY. This bill came to us from the HoRep, and received the sanction of the comPublic Lands of the Senate, and was reported without amendment.
Mr. TRUMBULL. Has the Land Office re nested it?
Mr. STEWART. In the general report they recommended it.
Mr. POMEROY. There has been no special report on the subject.
Mr. STEWART. It was recommended. It is supposed they have about 30,000 inhabitants in that Territory now, and it is highly important that there should be a land cilice there.
Mr. POMEROY. There is not now a land office in the Territory, and it was thought that there on ht to be one established there.
Mr. T UMBULL. I simply made the inquiry for information. I know that in many instances land offices have been established where there was no sort of occasion for them, and we have several that on ht to be abolished; and hence I made the inquiry to know whether the Dept recommended the establishment of this one. I have no objection to the bill. I think it very proper under the circumstances.
Mr. POMEROY. We have been opposed to the establishment of new land offices and propose only to have one in each Territory. I‘hat has been the policy that experience has taught us. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed.
Skip Skip MESSAGE FROM THE HOUSE. Amessage‘from the HoRep, by Mr. McPnsssos, its Clerk, announced that the House had passed, without amendment, a bill (S.No.59) to provide for the revision and consolidation of the statutes of the U.S. The message also announced that the House of. Representatives had passed a bill (H. It. No. 491) to remove the office of surveyor general of the States of Iowa and Wisconsin to Plattsmouth, Nebraska, in which it requested the concurrence of the Senate. MASSACHUSETTS MILITARY CLAIMS.
Mr. SPRAGUE. I move that the Senate proceed to the consideration of Senate Jtresolution No. 106; and I should like to have the report accompanying it read. The motion was agreed to; and the JtResolution (S.R.No. 106) to reimburse the State of Massachusetts for money expended in the purchase of guns and ammunition, for procuring plans for coast defense and harbor obstriictions, and for the erection of works of coast defense, was read the 2nd time, and considered as in ComWhole. It is a direction to the SecyWar to forth with receive from the State of Massachusetts guns, ammunition, and plans for harbor obstructions and coast defense, as set forth in a memorial and accompanying papers of the Legislature of Massachusetts to Congress, dated April 27 and 28, 1866, and to pay the State therefor, and also for nctual expendi‘ tures of money in work or materials furnished upon fortifications or coast defense, as stated in the memorial and papers, the payments to be made to the State ii on vouchers furnished to the U.S. 0 actual payments made by the State; and $476,000, or so much thereof as may be necessary, is appropriated to carry into effect the provisions 0 this Jtresolu IOH.
Mr. GRIMES. I understood the Senfrom RhdIsland to ask for the reading of Is there no land office in the report accompanying this JtResolution. I should like to hear it, too.
The PRESIDENT protempore. Does the Senator ask for the reading of that report?
Mr. SPRAGUE. Yes, sir. I desire to have it read.
Mr. GRIMES. I move that thisJtResolution be referred to the ComClaims. '
Mr. GRIMES. Simply because there is not information enough before us and there cannot be until there is a thorough examination of the claim, to justify us either in voting for it or in voting against it. It seems to me there ought to, be an account stated. Besides, as I onderstand the report and as read the resolution, this is only the initiation to another appropriation that is to be made in the future.
Mr. GRIMES. We appropriate $470,000 at this time, and I apprehend that is not to be taken in full discharge of the debt which the State of Massachusetts claims against the federal Government for what they able e they have paid out in perfecting their coast ‘efenses. It seems to me that the ComClaims is the committee to which the case ought to have been referred. It should not have gone to p the ComMilAffrs. It is a mai 1ter of claim.' So far as such cases have beeit connected with nautical expenses and have come to the Senate. we have referred them, in. the 1st instance. to the Committee on (.vlsims; i; orif by accident. on the motion of some member, they got to the ComNavAffrs State thereforqx ithe exuzcncies of the casecalled for Affairs, that committee has invariabl reported them back and had them sent to the comClaims. This is the claim of a State for money which she says she exended in behalf of the Government and which ought to be re imbursed. The ComMilAffrs, it seems to me, have no more to do with it than another committee.
Mr. POMEROY. the bills for paying claims of the State of Missouri, and the other States, were reported by the ComMilAfiitirs.
Mr. GRIMES. Because we have sent one or 2 claims to the ComMilAffrs is no reason why we should send this. Besides, Mr. President, I am frank, to say that I want. the State of Massachusetts to stand like all the rest of the States of this Union; let her wait until we Are all ready to settle with the General Government, and then let us all come in and stand on the same platform.
Mr. GRIMES. I am pronouncing no opinion as to the validity of the claim of Massachusetts. I only say that so far as appears upon the record here. it has not been investigated in such a manner as it ought to have been before we are called upon to decide as to its validity. It is said that we are to pay for a certain number of ns. How many?
Mr. SPRAG E. It is specified in the memorandum.
Mr. SPRAGUE. In the memorandum. The resolution refers to the memorial.
Mr. GRIMES. The resolution refers to the memorial; but how is the fact proved and where is the record before the ComMilAffrs that that memorial corresponds with the facts? Nowhere. It is said we are to pay for a certain amount of masonry done upon certain work. Where is the evidence that the masonr has ever been done?
The RESIDENT protempore. The morning hour having expired. it becomes the duty of the Chair to call up the unfinished business ofyesterday, which is House bill No. 518. GOODRICH AND CORNISH.
Mr. CONNESS. I submit the report from a committee of conferenfocello; wianng as it Will take but an instant, and the parties are here awaiting action upon it, I hope it Wlu be acted upon none The committee of conferenceon the disagreeing votesof the 2 Houseson the amendments to House resolution 77.entitled “JtResolution for therelief of Ambrose L. Goodrich and Nathan Cornish. for carrying the U.S. mail from Boise City to Idaho City. in the Territory of Idaho." having met and after full and free conference.hayo agreedto ccomiuend and do recommend.to their respective houses asfollows: That the Senate rccede from that part of the ir 1st amendment which provides “that the amount to be allowedshall not exec ed920.000.”and that sn.id amendmentbe so modified as to read “PI‘OUKIH. That. the amount to be allowed shall not exceed 81. That the Houseconcur in the Senateamendments as modifio. JOHN CONNES. L. M. MORE. C. R. BUCKALEW. Hanaacrnon the part Q!the Senate. ] OHN H. FARQUHAR. D. c. McRU as, W. FINCK. Managersan the part of the Home. The report was concurred in. ix'rsim/ii. TAXATION. The Senate. as in ComWhole, resumed the consideration of the bill (H.R.No. 613) to reduce internal taxation and to amend an act entitled “ An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” aplproved June 80, 1864, and acts a endatory thereof.
The Secretary resumed the reading of the bill, commencing with section 64 of the House bill, which, according to the amendments heretofore made, becomes section 60 5: Sac. 61165.Abife: That the other: of the ComrIntRev be reorganized so as t o include one ComrIntRev With asalary f $5.000;onedeputy commissioner.With a salaryof 500: one cashier.with anal ary of $3.000w. ho shall also act as disbursing officer for saidpllice; and which officesarenow created and the duties thereof definedby law; and to authorize, under the direction of the SecyTreasury. the omploymont of the following additional officers and mcelelyr.ks. and with the salaries hereinafter specified. 2 deputy commissioners.each wi h ary of $3.000; asal 011.0.50licli0wf.ith a salary of 34.000; 7 heads of divisions. eachwith a salary of s: 34 clerks of classlfour; 45 clerks of class 3; 50 clerks of classtwo; and 37 clerks of class one; 55 copyists. eachwith a salary of $720; 3 messengers, each with a salary of$l.00(l: 5 asst.messengprs.each With a sal ary 01‘8850;and 15 laborers eachwith a salary of 8720; and a sumsufficientto pay the otiioers clerks and employee;herein authorized is hereby appropriated out 0 any money in 0 Treasury not other wilc appropriated. The ComFinance iroposed several amendments to this section. be 1st was in line 5 to strike out “ 5" and insert “six, ” so as to make the salary of the ComrIntRev $6,000.
Skip Skip The amendment was agreed to. The next amendment was in line 5, after “dollars, ” to insert “and.” l
The PRESIDENTprotempera. That change will be made. The next amendment was in lines 8 and 9 to strike out the words “one cashier, with a salary of $3,000, who shall also act as disbursing officer for said office; and.”
Skip Skip The amendment was agreed to. The next amendment was in line ten to insert the word “already” before the word “created.”
Mr. FESSENDEN. The word “now” before the word “already” should be stricken out.
The PRESIDENT protempore. It will be stricken out, no objection bein made. The next amendment was in lines 20 thrcc and 24 to strike out the words “copyists, each with a salary of $720, " and insert “female clerks ” so asto make the item read, “fift five female clerks."
Mr. HENDRICKS. I wish toask the chair man ofithe ComFinance whether a provision of that kind has ever been made in an law that we have enacted.
Mr. FESSENDEN. We provided for female clerks, copyists, counters, c., in the legislative, executive, and judicial appropriation bill and in some statutes express authority has been given to emplo female clerks.
Mr. HEbD ICKS. I thought they were employed under a usage of the Dept as the interests of the public service seemed to instify it.
Mr. FESSENDEN. They are employed as clerks in different capacities. Some of them kec accounts. it
Mr. HENDRICKS. I never was disposed to make an objection to the system while it was under the discretion of the Secretary. I doubt the propriety of providing that the Secretary sha a oint that class of clerical force.
Mr. FESSENDEN. The numbermentioned here is the number that he employs and the number he wishes.
Mr. HENDRICKS. I have no objection to his doing it under the exercise of his discretionary power, but I do not think Congress ought to provide that there shall be such a class of clerks.
Mr. FESSENDEN. He is not obliged to employ the whole of them if he does not want them any more than of the others. It is a matter of discretion with him. He cannot cm loy any more than this number. It is fixed by aw.
Skip Skip The amendment was agreed to. The next amendment was in line 25, to strike out “1,000, " and insert “720;" so as to rank the item read, “ 3 messengers, each with a salary of $720."
Mr. FESSENDEN. I move to amend that clause by striking out “ 3 ” and insertin “5, ” and also striking out the words “ one with a salary of $720; so as to read. “ 5 messengers.’.
Skip Skip The amendment was agreed to. The next amendment was in lines 27 and 28. to strike out “ eig t50 ” andinsert “720;” so as to read, “live asst messengers with a salary of $720."
Mr. FEE SENDEN. I now move to strike out “5” and insert “ 3, ” and also to strike out the words “each with a salary of $720;” so as to read, “ 3 asst messengers."
Skip Skip The amendment was agreed to. The nextamendmentwas in line 29. to strike out “720 " and insert “600, ” so as to read, 15 laborers, each with a salary of $000.”
Mr. FESSENDEN. I move to amend that, clause by striking out the words “ each with a salary of $600." The amendment was agrnd to. The next amendment was to insert “ additional salaries of” before “otheers, ” in line 31.
Skip Skip The amendment was agreed to., Mr. POMEROY. As the section has now been amended I do not. see that any salary is fixed for these officers.
Mr. FESSENDEN. The salaries of the Officers of these several grades are now fixed by law.
Mr. FESSENDEN. I move to add at.the end of this section the following: And this section shall take effectfrom and ailer the30thday of June. 1866.
Mr. FESSENDEN. In the 3rd line of the section I move to strike out the word “July” and to insert “August.” 1
The Secreta read the next and last section of the bill, as ollows: SRO.[71169. Abife: That it shall be the duty of the ComrIntRev to have this act and the acts to which it amendatory.published is in at least one German news paper in eachof the Statesof the Union where such papermay be published. The ComFinance reported no amendment to this section.
Mr. FESSENDEN. There are some amendments that i wish to suggest. One of them is on page 103, in line 2334 of section nine7 to strike out the proviso . which extends to line 2340 on the next page. It is found that although the rule is well in one part of the country it does not work in another. The words proposed to be stricken out were read, as follows: Prat ideal.That in all casesin which such were shall be delivered to agents or peddlers employed I) the manufacturer for the disposalof the same.sue Wareso delivored shall be deemed to have been sold at the timeof delivery and the tax to bepaid thereon shall be computed upon the value k uown to the trade as the 5 poundrate or price for tin ware.
Mr. FESSENDEN. On page 108, in line 2450 of section 9, I move to strike out “ ready made” before “clothing, ” so that the clause will read: On clothing. gloves mittens. moccasins.caps, felt. hats and other articlesof dressfor the wear of men women and children. not. otherwise assessedan taxed. a tea of 2%. advalorcm.
Mr. FESSLElDEN. I propose on the same page, after line 2439, in relation to the taxpn furs, to add the following proviso: Proofdal. That on all articles made of fur. the retail priceof which shall not exceed 20 dollars, a tax of 2% /only shall be paid. The amendment wa.agreed to.
Mr. FESSENDEN. On page 118 in line 2695 0 section nine. the amendment there by the committee inserting “this act" in place of the words “the act to which this is an amendment, ” was not concurred in. On examining the matter I think it must be considered as the previous act. inasmuch as it is simply amending that act. I move, therefore, to reconsider the vote by which that amendment was rejected, so that it may be agreed to.
Skip Skip The mtR agreed to. The amendment was agreed to.
Mr. SPRAGUE. In what part of the bill is that?.
Mr. FESSENDEN. This is achauge made necessary by changing the mode of payment. It is on pages 135 and 136 with reference to the payment of dividends of life insurance companies7 &c.
Skip Skip The amendment was agreed to. '
Mr. FESSENDEN. On page 148 I move the followinrr amendment, to come in after line 2441 of section nine: And provided further. That in all caseswhere the party hasnot affixed the stamp required by law upon anyinstrumentmade, signed orissuedataiimcw on and at a placewhereno collection district wasestablilshed.it shall be lawful for him or themor any party having an interest therein. to affix the properstam thereto. or, if the original be lost to a copy therco; and theinstrumentor copytowhich the properstamp hasbeenthus ntlixedbeforethe hit day of January. 1867 and the record thereofshall be as valid to all intents and purposes asif stamped by the collector in the mannerhereinbeforeprovided.
Mr. FESSENDEN. I move to insert the following proviso at the end of line 3495 of section 9, on page 150: Provided. That whensuchimportedarticlcsfexcept lucifer or friction matches. cigar lichts and wax tnpers.)shall he sold in the originaiiand unbroken packagein which the bottles or otherinclosureswere packedby the mauufacturcr. the person so selling said nrtic cs shall not be subject to any penalty on accountof the want of the proper stamp.
Skip Skip The amendment was agreed to., '
Mr. FESSENDEN. An amendment was made on page 64, striking out in lines 1356. 1357, 1358, an 1359 these words: All steamersand vesselsupon waters of the U.S.on board of which passenrers or travelers are preroqvuiidreedd twoitphafyotowdeonrtlyo dfigviengs shall besubjectto and dollars. And inserting in lieu of them: All steamersandothervesselsencasedin the businessof carrying passengers and providing them with food or IOtIRlDB and the gross receipts of which are taxable under section 103 of this act, shall pay 25 dollars. I moveto reconsider the vote adopting that amendment. The committee. think it proper thalt the clause should remain as it was origi na y. The mtR agreed to; and the question recurring on the amendment, it was reiccted.
Mr. FESSENDEN. On page 104 I move to insert a paragraph between lines 2360 and 2361 of section 9 to conform to an amendment made to the free list: sla0bns.sotreleol0mpas.de directl from muck bar. blooms. a tax of t rec dollars perton.
Mr. FESSENDEN. On page 126 I move to strike out the word “ such ” before “return, ” at the beginning of line 2885 of section 9, wad also to strike out the words “as aforesaid” in the same line.
The PRESIDING OFFICER, (hIf.POMEROY in the chair.) These corrections will be made.
Mr. FESSENDEN. On page 141, in lines 3269 and 3270 of section 9, I move to strike out the words “ under this act.”
The PRESIDING OFFICER. That amendment Will be made, no objection being interposed.
Mr. FESSEN'DEN. On page 147. in lines 3418 and 30 419 of section 9, I move to strike out the words “ real estate rec ords in the proper town or bounty, " and to insert in' lieu of them “any records in which such original is required to be recorded.”
Mr. FESSENDEN. On page 151, in line 3529 of section 9, the wor “such” should be “each.”
Mr. FESSENDEN. On page 1 59, in lines 28 and 29 of section ten the words “ for all the purposes of the act of which this is an amendment” should he stricken out. I move that amendment.
Mr. FESSENDEN. On age 215, in line 25 of section 46, the words “ or any other" should be “and any.”
The PRESIDING OFFICER. That correction will he made.
Mr. FESSENDEN. On age 216, in line 12 of section H48fi, 47, the word “ at” should be stricken out and the words “or removed from” inserted.
The PRESIDING OFFICER. That alteration will be made. there being no objection.
Mr. FESSENDEN. On page 220, I move to strike out all after the word “year” in line 16 of section 53 ] 52, down to and including the word “jurisdiction, ” in line 28, on page 221. The matter is provided for in another place.
The Secretary read the words proposed to be stricken out, as follows: And said liquors. utensils and apparatus maybe seized by the collector or deputy collector of the proper district or by such other collector or deuty collector as ybe s ccially authorized by the ComrIntRev for that purpose and held by anycollectoror deputycollector until a decision shall be had thereon according tolaw: Provided. That proceedingsto enforce said forfeit ure shall be commenced by such collectorwithin 20 day’s after the seizurethereof. And such proceedings shall be in the nature of a proceeding in rem, orin anyproper form ofaction. in the circuit or district court of the U.S. for the district where such seizureis made or in any other court ofcompetentjurisdiction.
Mr. FESSENDEN. On page 224, in line 24 of section [titty 6] 55, I move to strike out the words “the term of” and to insert “not less than one nor more than, ” so as to road, “he imprisoned not less than one nor more than 5 years.”
Mr. FESSENDEN. On page 34, in line 595 of section 9, I move to strike out the words “or otherwise.”
The PRESIDENT protempore. That correction will be made.
Mr. FESSENDEN. On page 235, in line 5 of section [66] 67. I move to strike out the words “ passage of this act” and insert “30th day of one. 1866.”
Mr. FESSENDEN. There are some other verbafamendments that I may wish to make to the bill, but as I desire tqlook over them I will suspend here and let other gentlemen who have amendments to proposeoffer them.
Mr. EDMUNDS. Att e end of line 20 939, on page 128, I move to insert the following amendment: But this tax shall not hemessed upon or collected from. any such convertedbank or converted banking associationwhosetotnlaveragccircul:ition.includin State bank notesas well as national currency.slinl not exceed the amount ofcirculation allowed by the act toprovide a nationalcurrencysecuredbya pledge of U.S.bonds and to proVidefor the circulation and redemptionthereof. I
Mr. FESSENDEN. I believe that is right. I have looked at it.
Mr. GRIMES. I do not understand it, and I should like to have an explanation.
Mr. EDMUNDS. I have shown itto all the gentlemen of the committee, and it was satisfactory to them.
Mr. GRIMES. It may be satisfactory to some gentlemen; but I have got to vote on it one way or the other, and I do not understand it;
Mr. FESSENDEN. It is simply this, that the additional tax of 3%. upon the outstanding circulation ofconvcrted banks shall not apply to banks which have bee unable to get in their notes, and in conse nence have not received the amount of cirenation to which they are entitled under their organization from the Government. For instance, take a bank with a capital of $100,000. It is entitled to receive $00,000 in circulation. If they have $30,000 of circulation outstanding, the Comp troller does not allow them to receive that amount of their $00,000 of circulation; and this amendment provides that they shall not be taxed for the excess of that money out, so long as they keep within the limit of $90,000 circulation to which they are entitled. That is the effect ofit, and I think it is right.
Mr. CONNESS. I move to amend the bill, on page 106, line 2398, by striking out the word “ 5 ” and inserting “ 3.” The clause now reads: On leather of all descriptions, tanned or artialfy tanned in therough, a tax of 5%.a valorem. The amendment simply proposes a reduction of the tax from 5 to 3%. on leather tanned in the rough. This will still leave an additional tax of 5%. advalorem on the same leather when curried or finished, which I do not propose to interfere with. There is a tax of 5%. adva lorcm on the additional value given the article by being curried or finished. It will also leave the tax of 5%. on the higher class of leather that enters into articles of greater value, and that are more commonly used by persons who are able to ay. This class of eather, the tax on which proposeto reduce to 3%., enters into temanufacture of common boots and shoes.
Mr. FESSENDEN. If the Senator will look at the proviso to the succeeding clause he will see that his object is already accomplished by that proviso.
Mr. FESSENDEN. It. reads: Provided, That all leatherin theroughupon which duties or taxes have been actuall paid shall be as lesser!on the increased value on y when curried or finished.
Mr. CONNESS. I propose to leave that in. I desire to make a change in the paragraph before that.
Mr. CONNESS. I had intended resenting the letter that I hold in my ban to the ComFinance, and handed it to the Senfrom Oregon, [Mr. WILLiAiiis] but through inadvertence it was not presented to the committee. I think'it is a case in which the relief asked for ought to be granted. It is the only amendment that I have undertaken to offer, although I suppose it is not entitled to any consideration on that account. A very reputable and substantial citizen, engaged in I hope that will not be this business for many years in my State, writes me thus I will read but one paragraph of his le“tter: And although wehave from$50,000to 860.000om ployed in our busincq for the past 2 years, in consequence of the frauds committedby a goodmanyin our trade againstthe revenue, neither Mr. Dean' nor his partners have been able to make a living: and be fine determined, that unless modification of the present tax, is made, and more stringency in compelling delinquent tanners to make just returns to the Government, to leavethe businessand try some other employment whereby a subsistencecan be obtained. He complains of the administration of the law as well as of the provision itself. The tax, I learn, is reduced one ‘%. in this bill; it was 6%., but is now reduced to 5%.; and I propose to reduce it 2%. more, making it 3%. I think that the committee, considering the fact that they have not had this particular question before them, and that I intended to place it before them, ought not to resist this amendinent. It will, erhaps, not make so much difference to the venue as to the parties engaged in this useful branch of industry. 1 hope the Senate will ado t the amendment.
Mr. FESSENDEN. This tax has been fixed afteryer greatrconsideration by both commit tees, andyl do not see any occasion to change it, neither from the individual case nor the views submitted.
Mr. CONNESS. I think the Senator is right about that, that we should make no change upon the views of anindividual; but the honorable Senator will remember that an individual may be avery good representative of a class.
Mr. FESSENDEN. I believe the trade generally is content with this tax as it stands.
Mr. CONNESS. I differ with the Senator upon that point. The amendment was rejected. Mr. CONNESS. I give notice that I shall renew the amendment in the Senate.
Mr. HENDRICKS. I have received a letter from a manufacturer of farming implements in the State of Indiana, calling my attention to the 107th line on page 165, and I wish to make an inquiry of the chairman of the ComFinance in regard to it. That clause, which is partof the free ist, now reads: Plows, enltivators. harror'vs.etraw and haycutters, planters and Hood drills, horse rakes, hand rakes, cotton gins.grain cradles, and winnowing mills." “This writer says: die last named article"Thut is, " the winnowing millsis to have any forceor in anyway benefit the West or the Northwest, it should read threshing or winnowing millsor machines.” I do not know tor certain whether that is provided for in' the 12t ird line, “ reapers, mowers, threshin machines, and separators.” Will that answert e purpose?
Mr. SHERMAN. Certainly. A winnowing mill is a part of a threshing machine.
Mr. HENDRICKS. The Senfrom Ohio is more familiar with that class of articles than Iam; and if that is so, I shall not alter an amendment. I understand that the clause which I havejust read in the 123rd line stands in the bill, as the prop position of the committee to strike it out was disagreed to.
Mr. HOWARD. I wish to amend the hill on page 163, between lines 54 and 55, by inserting, “iron roofs for railroad deots, and the iron therefor, ” so as to make iron roofs for railroad depots and the iron of which they are composed free from taxation.
Mr. FESSENDEN. Why should they be free from tax any more than iron for other things?
Mr. HOWARD. The reason is that, like railroad bridges, they are very essential to the safety of property and persons passing over a railroad and in store awaiting transit. I think we ought to encourage this species of manufacture. I will simply relate what has hap eued in my own city, and that, perhaps, will e the best argument that Ican present to the Senate on the subject. We had 2 large and spacious depots at Detroit, the roofs of which were made ofwood. During the last full one of them, that of the Michigan Central depot, a very spacious and ample building, filled with property belonging to the company and to shippers and owners, took fire in consequence of the ursting of a castingof varnish, which is very inflammable and which it is impossible to prevent being carried on railroads. such was the inflammable character of the material that it set the depot on fire almost instantaneously, and the whole buildinv was destroyed. The roof being made of woo took fire almost instantly, and the whole building was consumed, notwithstanding the efforts of a most efficient fire dept, usipg steam eu ines. The loss to the company could not have been much less than a million d lars. During the last sprin the other depot, nown as the Detroit and ilwaukee do at, was destroyed by means of a similar acci eat; the roof and the walls also of the latter deot being made ofwood. Ifthese 2 buildings iad been roofed with iron I suppose there is no doubt that/they would have been saved.
Mr. SHERMAN. I will ask my friendfrom Michigan whether these roofs were not built before the‘tax law went into operation, and whether he.thinks the railroad companies were prevented from putting on iron roofs by the tax W a
Mr. HOWARD. Undoubtedly the roofs were built before the tax law came into operation; but they have to be built again.
Mr. SHERMAN. Iwill ask my friendfrom Michigan if he does not think that the Michi‘ an Central railroad and other railroads are just as able to build iron roofs as citizens are to protect their own buildings.
Mr. HOWARD. They are able to build iron roofs probably, and so is the Senfrom Ohio, if he isworth the money to procure the materials and manufacture the article; but there lies the difficulty. The iron is so expensive, according to the present prices and the present taxation, as to make it almost. impossible, at least very onerous, for railroad companies to construct the roofs of their depots of iron. I might allude to other cases where similar accidents have occurred. I submit that it is nothing mo rethan just, both to the companies and to the public, who travel and whose property is in transit upon these roads, that this simple favor should be extended both to the comtidy and to the public. It is for the safet an security of the public more particularly that I ask that these reofs shall be placed 11ion the free list.
Mr. SHERMAN. The railroad interest has probably been more relieved by this bill than any other single interest in the country. There has been thrown off the tax on freights, amounting to $4, 800,000. The tax on iron, which enters largel into the cost of every railroad, is very miic i reduced. The tax has been thrown off railroad iron and iron bridges and also pig iron; and on the great body of articles that are consumed by railroads the duty is now thrown off. There is probabl no do mestic interest in the U.S. that is so much relieved by this amended tax bill as the railroad interest. The tax on rubber springs and on nearly everything that enters into the manufacture of machinery, locomotives, and all re airs on locomotives has been stricken off. the double tax that has heretofore been' complained of by railroad builders is removed. Certainly we ought not to carry the discrimi nation in their favor any further, As a matter of course it would be a very convenient thing to have an iron roof on a railroad depot; when it catches fire, it would not be so likely to burn. The same argument would apply to any private house, or the buildin of the Capitol or to the building of a State house or to any other public building; it would be chea or to have a stone or iron roof than a woo on roof; but we do not therefore propose to make exceptions in their favor. t seems to me the exception in this case is totally indefensible on principle. The amendment was rejected; there being, on a division ayes two, noes not counted.
Mr. HOWARD. I now move to amend the billon age 108, line 54, by striking out the wor s' “and castings for iron bridgesH and inserting the words “and their several parts;” so that the'clause will read, “iron bridges and their several parts."
Mr. FESSENDEN. I can only state that the exemption is confined to castings all thron the bill. Thisisan eii'ortto extend itto Wrong 1; iron, which is not done in any case. We have relieved them so far as iron bridges and for iron bridges are concerned; and castings if wrong, t iron oes into their construction in a greater or less degree, it should take the same course as all other wrought iron that goes into other may cliincry. There is no reason for extending the exemption any further, in my judgment. I do not think these railroad institutions a more favored interest, and most of Ithemvery, large and rich corporations exhibit a very proper spirit in attempting to t rid of all taxation. his amendment would be introducing something entirely new into the bill which is not in any part of it.
Mr. HOWARD. The honorable member from Maine seems to have the impression that iron bridges are made almost entirely of cast iron. At least 1/2 of the iron material entering into a bridge is wrought iron, not cast iron.
Mr. FESSENDEN. The exemption does not go any further in any art of the bill than simply to the castings, with the exception of bar and railroad iron.
Mr. HOWARD. Far the most costly portion ofan iron bridge is made of wrought iron; and it is required to be manufactured with reference to being put into a particular bridge before it can be used. It is net as necessary that the wrought iron of a ridge should be prepared beforehand with reference to the particular position which it is to occupy in the bridge as that the various arts of a watch should be thus prepared. here can be no difficulty at all in guarding the revenues against an fraud that may be suspected.
Mr. FESSENDEN. ot the slightest. If we give u collectin the revenue, of course there will lie no trouble about frauds.
Mr. HOWARD. The difficulty is the high price of iron, and the next to impossibility of the manufacturer’s proceedin with this enter rlse if the wrought iron which enters into the fabric is to be taxed after it has been procured by the manufacturer for the purpose of going into the brid e. There is the cat difficulty. I hope that this amendment will he adopted.
Mr. GRIMES. Ali the iron. that goes into a bridge. as I understand, is rolled iron. It is what may erha s be called dimension iron. It is rollc in the particular form in which it is to be used in the rid e. It is not wrought iron in the sense in which wrought iron is usu ally understood. It is not iron which can be made into the various forms into which black smiths convert wrought iron. Now, where' is the principle in exempting railroad iron, as the committees of both Houses have reported that we should do, and as we have a reed to do, and not exempting also the rolled iron that goes to make the bridge structure upon which the road is to pass when it crosses a stream?, Does not the same principle apply in this case as in the other? erhaps the amendment of the Senfrom Michi on would be more appropriate if it spoke o the rolled parts of the bridge. We have exempted the structure as an entiret from duty. We have exempted the rolled rode on which the track runs until it comes to the bridge. Now, is there any reason that can be assigiqd why we shall not also exempt the parts of he bridge that support the superstructure iipon which the train passes when it goes over this cavity in the earth?
Mr. HOWARD. Does the Senator understand from this language, “iron'bridges, ” that all the materials that enter into an iron bridge when it is‘a completed structure are to be, before they enter into the structure, exempted from tax?
Mr. SHERMAN. No, sir; but the Senator wishes to make it so.
Mr. HOWARD. That is the very point on which he and I differ. in. SHERMAN. He wishes to make it 50, and I say it is impossible, because the assessor cannot tell, when the iron is rolled out, whether it is to be used for a bridge or a house.
Mr. HOWARD. Ver Well; then all I ask is that when it is procure by the manufactur as a bridge, and formed into some part oft“? bridge, so molded, hammered, bent, or formed, as to be made suitable to enter into a bridge and form a part of it as such, it shall be exempted from that time forth from taxes. I do not ask that the raw material, the commercial article, the iron found at the ironmongcr's shop shall be excm ted from taxation.
Mr. SHER.IAN. That is precisely what the Senator‘s amendment will do.
Mr. SHERMAN. All the parts that enter into a bridge are to be exempt. You exempt the railroad bridge, which is made by the contractor or constructor and then propose to exempt all the arts that enter into and form part of that bri ge.
Mr. HOWARD. When they are formed and fashioned to become parts of the bridge.
Mr. SHERMAN. Those parts are made in a remote region; and how can on distinguish them? It seems to me we aye gone far enough.
Mr. GRIMES. I understand the Senfrom Ohio to admit that the only objection there is to this proposition is that it may lead to fraud, inasmuch as it will be impossible to distinguish between the iron that may be rolled and used for bridges and that which may be rolled for other purposes. I think he is entirely in error in that. I do not suppose that any iron company ever rolled a bit 0 iron that could be used for bridge purposes without 1st having a contract with some company by which the iron was to be used in a specific way, and having the exact dimensions. of ‘the brid c; but in order to obviate all difficulty on that subject, I suggest to the Senfrom Michigan that he adopt this phraseology, “and all iron rolled specially for and used in the structure of bridges.”
Mr. GRIMES. That will not apply to spikes; it will not apply to wrought iron; it will not apply to the various forms in which iron can be used, and which the Senfrom Ohio su 0505 may be objectionable, but only to tie arge dimension iron, which can only be usediin the structure of a bridge, and after a contract is made. There will be no difficulty in following it from the place where it is rolled to the place where it is used.
Mr. CLARK. It seems to me that the amendment proosed by the Senfrom Iowa is Worse than the other. I fear ver much that if the amendment were adopted all the iron rolled in the country would be rolled for bridges, and I do not believe we would get any duty. Everybody would say, this is in tended for such and such a bridge; and we should never get any duty. We would have to rely entirely on their statement.
Mr. GRIMES. I do not know what kind of bridges the Senfrom NewHampshire has been in the habit of seeing; but the iron in the brid s that I have seen could not be used by black smiths, if they were torn to pieces, for making liorseslioes or anything of that sort.
Mr. SHERMAN. The kind of iron that is used for a certain class of bridges that I know something about is one and one and a half inch pound. iron, which has a screw at the end, and is used as a part of n trestle bridge; and that can be used for almost all the purposes for which iron can be used.
Mr. GRIMES. That is the kind ofiron that they use in wooden bridges.
Mr. GRIMES. We are speaking about iron bridges, and this amendment applies to iron brid es, and not to wooden bridges. The whole subject under consideration is iron bridges; and if the Senator ever saw any of that kind of iron in an iron bridge he has seen sometbiu that I have never seen. '
Mr. FESSENDEN. The difficulty of adopting‘such an amendment would be the great lisi bi ty to fraud under it, as the Senfrom Ohio has stated. All of this work might be done at one establishment; but this biir iron, rolled iron, &o., can be used for any purpose, and they could pass it off and escape taxation by saying that it was for the making of bridges. What proof can we have that it ever goes into the construction of a brid Q? It is not taxed; it is free: and whether it will be absolutely used in the construction of a' bridge we can never know. It can be used just as well for anything else, or sold and used for anything else, precisely. The reason why there is no chance for fraud in the case of costings is, that when it is once cast for a particular purpose it is good for nothing else, and ifbroken up, it is mined. There is no danger, therefore, to the revenue with reference to castings once made. But if you apply the principle to wrought iron, and let it escape from taxation in a large establilshment, how are you goin to follow.it to know whether it is to be use in the construction of a bridge? The bridge is not made at one factory. The result will be that it will open the door to fraud, and there is no know‘ing how much of this iron mn'yesca c taxation under this rovisiou. I hope the genate will not think 0 adopting such an amendment, simply for the purpose of giving additional aid to these very large and rich corporations and railroad companies.
Mr. CHANDLER. TheSenatoi from Maine enircly misa ‘prehends this guestiom These bridges are absolutely made and put up at the factories, be they longer or shorter, and eve article of the iron composing each part of the ridge is rolled or cut for that specific purpose.
Mr. FESSENDEN. They are not taken in that way to the places where they are to be put up, I suppose. They must be taken to pieces a am.
Mr. CHANDLER. Certainly and they are at up at the place where the bridge is to be. Ihavs seen a ridge 1,000 feet long put up at a factory.
Mr. FBSSENDEN. It was not carried in that state to the place where it was to be put up.
Mr. CHANDLER. Certainly‘ not; it was taken to pieces, and then put up again. All the iron rolled for a bridge is just as distinctly for that purpose as if cast for that purpose. Now, Mr. President, the object oftbis amendment is to induce the building of iron brid es. Tax iron bridges and leave wooden bri ges without tax, and you other a premium for the construction of these unsafe, unreliablewooden bridges, whieh ought tobe abandoned, and there ought to be a law compelling the use of iron instead of wood. By taxing the iron andleav in the wooden bridge untaxed you actuall oflgera premium for the use of the unsafe an unreliable wooden bridges. It is a mistake to suppose that there is any danger from exempting the parts of the rolled iron rolled for that purpose. It can be used for no other purpose. tmnst be used for that specific purpose. here are but 2 or 3 establishments in the U.S. where these bridges are manufactured. I hope that the amendment of the Senfrom Iowa, which is just as acceptable as that of m colleague will be adopted.
Mr. FESSENDEN. I hope not, unless the' Senate mean to exempt ever thin.
The PRESIDINGOFFIC ‘R, ( Mr. Ponxnon' in the chair.) The amendment, as modified by the Senfrom Michigan, will now be refo
Mr. ftScEdO. RMARY. It is proposedon 163, line 54, to strike poui.)the worldasg?‘and castings for iron bridges” and to insert
Mr. GRIMES. Those words should not be stricken out, but the words which I propose should be added right on to that line. The Sauna nay. It is proosed to add a“t the end of line 53 the following: and all iron rolled specially for, and used in, the construction of bridges.”
Mr. HOWARD. Mr. President, I see no force in the objection insisted upon by the Senfrom Maine with regard to the exemption of the various parts of an iron bridge. He seems to see a danger that the revenue will be defrauded by a perversion of the materials to some other purpose after the have been roeured by the manufacturer. ndoubtedly there is a possibility that such frauds may be committed; at is there not the some possibility in reference to a clause, which lies in close juxtapo s“ition to this, exempting from all taxation masts, spars, ship and vessel blocks, and tree nail wedges, and deck plugs, cordage, ropes, and cables made of vegetable fiber?" Is there not a possibility that some of these materials might be perverted and put to some other use? Certainly there is; and if there is any force in the Senator's objection against our prosition, there is force in the objection against this same proposition which I have read exempting cord age, ropes, cables, rim, from taxation. The truth is, that there is no mere difficulty in identifying the various arts of an iron bridge than there is in ideuti ying masts, s ars, &c., that are prepared or procured for tie manufacturer for ship bui ding. Both classes of materials rest upon.recisely the same foundation. I hope, in or or to encourage the building of iron bridges, and thus to promote the safety of the public in person and property, thatthe Senate will adopt the amendment which has been olfered.
Mr. VANWINKLE. I offer the following amendment to come in after line 2824 of section 9, on page 128: That section104 be amendedby striking out all after the enacting clause and inserting in lieu thereof the following: that any person carrying on or doing express business shall be subject to and pay a.tax of 3%. on the gross amount of all the receiptsof such express business' excess of the amount paid by'such iersonto anyraff3 road companyor companies fort e transportation of his earsand freight. This amendment proposes to alter the existing law, in the 1st place, by striking out the words “company, firm, or corporation, ” which is in accordance with other amendments in the bill, because the word “person” is defined to include all these; and 2ndly by strikin out the word “duty.” But the main point of the amendment is the latter clause. It is to relieve express companies from nying a tax on that art of their earnings which they pay over to the railroad company that gives them their transportation. the railroad company being exempt from paying any tax upon its ton nage earnings. It seems to me that when you exempt the one and levy that tax 0n the other, you are making a very gross discrimination between them, and they are to some extent rivals in the transportation at least of certain kinds of freight. The object is to relieve express companies simply from paying tax on that part of their earnings which goes over to the railroad company that transports their cars and their contents.
Mr. FESSENDEN. One objection is that the fair inference would be that if railroad companies are relieved so far as frei this concerned, the express companies won d get their proortion of that relief.
Mr. VANWINKLE. But they are working under contracts already made.
Mr. FESSENDEN. But their contmets will be out ufier a time. It is not worth while to legislate in reference to very short periods. That is the 1st objection. The next objcction for this matter was considered very eliberately in the committeeis that ifthere is any set of people in the world who can afford to pay the tax, it is the express companies. They are universally profitable, and the tax is in no way oppresive. My friendfrom WestVirginia has lb some reason or other this favorite notion of his, but it has not struck the rest of the committee as it hasstruck him. I hope this change will not be made.
Mr. SHERMAN. I concurred heartily in the view expressed by the chairman of the committee when it was presented; but there was one viewmentioned1 to me by a person interested in this business this morning which I think it is proper to state to the Senate. He said that their chief cometitors were these vast transportation lines ca led star lines, ke, transportation lines connected with the railroad companies, which are expressly relieved b this act from a tax upon transportation. Nyo transportation company pays any tax upon money received for transportation. Express companies are now required under the law to pay a tax on the ver moneythey pay to the rail. road companies, while the railroad companies and all these other competing companies which carry property carry it ii ee from any tax. The express company not only pays on its earnings, but also on the amount it pays to the railroad companies. That presents their claim to this partial relief pretty strongly, in my judgment.
Mr. FESSI‘JNDEN. The answer is obvious. There is a wonderful difference in price between carrying an article by an express company and by was transportation companies. Ii 1‘.SHERMAN. But they pay the railroad companies for express transportation.
Mr. FESSENDEN. I know they do; but take the price which express companies charge for carrying a bundle and compare it with the freight ovcra railrOad. Bundles and packages and innumerable little things are carried by eXpress, and transportation companies do not compete with express companies except in matters of heavy freight; but the difference between the comparatively enormous charges of express companies an those of railroad companies in the ordinary course of business is excedingly great, and covers all the tax. Their very great prosperity is enough to satisfy anybody that they are not oppressed by this 8!.
Mr. VANWINKLE. I do not think the last argument of the Senfrom Maine is a strictly fair one in any case. If you are going to tax anybody that can bear it, you have only got to single out the people who make money and put the whole of the taxes on them. That express companies have made money, I believo is a fact that cannot be disputed; but we also know that recently, at least, they have lost immense sums of money by robbery, and their risk is very great for they insure every thing they do carry. Again as to their rates being higher than those of railroad companies: they take your goods from your door and convey them to the car and then deliver them at the other end of the route. I remember on one occasion from here only to Baltimore with going a trunk. an I paid more for the transportation of myself and trunk from the railroad depot to a hotel in Baltimore than the fare for the 40 miles amounted to. I I put this on the ground that it is an act of justice to these comunics in reference to what has been done for etiers; that if you continue to charge them on this, it is establishing an inequality and making them the subjects of an inequality to their detriment.
Mr. FESSENDEN. Will this reduce their prices for carrying articles? [Laughter]
Mr. VANWINKLE. Oh, yes, certainly. [Laughter]
Mr. FESSluN DEN. I hope that amendment will not be adopted. The other provisions of the bill have been arranged with reference to that particular provision, the free list, die. The amendment was rejected.
Mr. SHERMAN. The substance of this amendment I had intended to 'oli'er mysell. The tax, as it is now imposed, is really a tax upon an insolvent corporation. This is a mode 0 collecting the income tax levied upon persons who own stock in incorporate companies or are bond holders of those companies. think there ought to be some provision to meet the case stated by the Senfrom Indiana. There are many corporations in the western States, and perhaps some in other portions of the country, that are laboring under the difficulty which that Senator has stated. This was really intended to be an income tax of 5%. levied upon coupons or interest paid by corporations. In some cases the corporations themselves are insolvent, and cannot and do not pay their interest to the bond holders. The tax, however, is notwithstanding leVied ii on the corporations, and it is collected from tieir other property, adding to their insolvency, and, in some cases really taking away from them the power to go on. The section was intended to provide for an ificome tax, and for convenience of collection levied it on the company rather than upon the bond holder. The effect of the section as prac tically construed, however, is to add to the insolvency of an insolvent corporation, and take away from them the means of paying their lia "bilities. I think, therefore, some such provision as this on ht to be inserted. I commenced to draw one, at I have not yet completed it. I had thought of putting it in the shape of a proviso, providing that whenever any of the companies named, by reason of their inability to pay their interest, should in fact fail to pay it, the tax should be postponed until they did pay it. I think the amendment of the Senfrom Indiana uses more words than are necessary.
Mr. FESSENDEN. If it can be put into a clear shape, I do not know that I shall object it.
Mr. HENDRICKS. I think it is clear enough as I have drawn it: That whenever any such railroad, canal. turnpike canalnavigation or slack water company is indebted as herein setforth and shall owe accrued interest or matured coupons upon its indebtedness, the tax of 5%. on the amount of all such interest or conons shall be payable to Government whenever scaoimpinatneyrestor coupons shall beorderedbyany such to be paid to the personto whom the same shall be due and owing, or whenever the payment thereof. as aforesaid.by any such company, with or Without previous order, sha l have beencommenced. The amendment is simply that this 5% shall be paid by the company as soon as the company shall order the payment of the coupons or interest, or as soon as the company without such order shall commence the payment.
Mr. SHERMAN. I wouldlike to amend that amendment to carry out the object.
Mr. FESSENDEN. While the amendment is being put in shape, I suppose I may as well be aI10wed to offer some verbal amendments. I have a Ion list of them here.
Mr. HENDRICKS. I withdraw my amendment for the present.
Mr. FESSENDEN. On page 33, in line 571, I move to strike out the words "under this act.”
The PRESIDING OFFICER. That correction'will be made.
Mr. FESSENDEN. On the same page, in line 588, I move to strike out the words, “ under the provisions of this act.”
Mr. FESSENDEN. In line 593, on page 34, I move to strike out the words“‘arising under this act.”
The PRESIDING OFFICER. That correction will be make.
Mr. FESSENDEN. In line 799, on page 42, I move to strike out the words “this act ” and insert “law.”
Mr. FESSENDEN. In line 809, on the same page, I move to strike out “this act” and to insert “law.”
The PRESIDING OFFICER. That alteration will he made.
Mr. FESSENDEN. In line 820, on age 43, I “ move to strike out this act” and insert “law.”.
The PRESIDING OFFICER. That amendment will be made.
Mr. FESSENDEN. In line 822, on the same page, I move to strike out “virtue of this act’ and to insert “law; "‘ and I move also the same amendment in line 824.
Mr. FESSENDEN. In line 894 on page 46, I move to strike out the words under this act.”
The PRESIDING OFFICER. That amend‘ment will be made.
Mr. FESSENDEN. I move to amend,on age 60, in line 994, By striking out “this act” and inserting "law."
Mr. FESSEN‘DEN. I move to amend in. line 895, on page 46, by inserting “ fraudulent” before “selling, ” and by striking out the words “in fraud of said laws.”,
Mr. HENDRICKS. I have availed myself of the phraseology of the Senfrom Ohio, and I now offer my amendment in this shape: Insert after line 3135 of sectionnine: That section 122 be amended by adding thereto the following proviso: Provided. That wheneverany of the companiesmentionedin this section shall be unable to pay the intereston their indebtedness and shall in fact fail to pay such interest, in such cases the to levied by this sectionshall not he paid to the U.S. until said companies resumethe payment of intereston their indebtedness.
Mr. FESSENDEN. In line 1100‘ and 41, on page 56, I move to strike out “under this act, ” and in line 1156, on the same page, to strike 'out the same words.
Mr. FESSENDEN. On page 57, in line 1179, [move to strike out the words “under this act.”
The PRESIDING OFFICER. That amendment will he made.
Mr. FESSENDEN. On page 58 I move to amend in line 119oight by striking out “ under this act, " and by striking out the same words in line 1207.
The PRESIDING OFFICER. Thatamendment will be made.
Mr. FESSENDEN. On page 59, line 1221, I move to strike out the words “under this act, ” and also to strike out the same words in line 1229 and in line 1235, on the same page.
Mr. FESSENDEN. On page 60, line 1249, I move to strike out the words “under this act, ” and in line 1252 to strike out the words “within the meaning of this act.”
Mr. FESSENDEN. On age 61, line 1271, Fmove to strike out the words “under this act;” nnd also to strike out the same words in line 1278 and line 1284.
Mr. FESSENDEN. On page 62, line 1290, I move to strike out the words “under this act.” and also to strike out tiihe same words in line 1304.
Mr. FESSENDEN. On page 63, line 1323, I move to strike out the words “under this act, ” and also to strike out the same words in line 1331.
Mr. FESSENDEN. On page 64, line 1349, move to strike out the words “under this act.”
Mr. FESSENDEN. On page 65, line 1372, I move to strike out the words “under this act, ” and also to strike out the same words in 'line 1380.
Skip Skip The amendment was agreed to. ‘Mr. FESSENDEN. On page 66, line 1394, I move to strike out the words “under this act, ” and also to strike out the same words in lines 1398, 1404, and 1410.
Mr. FESSENDEN. On page 67, line 1416, I move to strike out the words “under this act, " and also to strike out the same words in line 1422 and line 1433; and also to strike out the words “within the meanin of this act” in line 1437.
Mr. FESSENDEN. On page 68, line 1454, I move to strike out the words “under this act."
Mr. FESSENDEN. On page 69. line 1468, move to strike out the words “under this act.”
Mr. FESSENDEN. On page 70, line 1490, I move to strike out the words “ under this act, ” and also to strike out the same words in line 1504 and line 1509.
Mr. FESSENDEN. On page 71, line 1516, I move to strike out the words “under this act, " and also to strike out the same words in line 1535.
Mr. FESSENDEN. On page 72, line lititeen43, I move tostrike out the words “ under this act, ” and also to strike out the same ords in lines 1546, 1550, 1555, and 1562.
Mr. FESSENDEN. On age 73, line 1573, I move to strike out the words “under this act.”
Mr. FESSENDEN. On page 74, lines 1593 and 1594, I move to strike out the words “ within the meaning of this act; and also to strike out the same words in line 1600; and also to strike out the words under this act ” in lines 1605, 1606, and 1613.
Mr. FESSENDEN. On page 75, lines 1618 and 1619, move to strike out the words ‘, within the mmninrr of this act;” in lines 1632 and 1633 to strike out the words “for the purpose of this act;” and in line 1639 to strike out the words “under this act.
Mr. FESSENDEN. On page 76, line 16 64, I move to strike out the words “ under this act.”
Skip Skip The amendment was agreed to. Mr.wAN WINKLE. On page 70, line 1502, I move to strike out the words “ or persons, ” and in the same line to change the word “.make” to “makes, ” so as to read. “any person who makes for sale pho tographs, " &c.
Mr. FESSENDEN. On page 77, lines 16 100 and 75 and 1676, I move to strike out the words “ anything in this act” and to insert “any provision of law.”.
Mr. FESSENDEN. On page 88, line 1941, alter the word “under, ” the words “ the lifty8th section of the actto which this is an amendment" have been stricken out and the words "this act" inserted. I now move to strike out the words this act” and to insert “the provisions of law."
Mr. FESSENDEN. On page 93, line 2,071, Imove to strike out the words “this act." and to insert flow, ” and thatthe same amendment be made in line 2,082. rI‘he amendment was agreed to.
Mr. FESSENDEN. oppage 96, 1ineTTven ty 159, I move to strike out the words “ this act" and to insert “law.”
Mr. FESSENDEN. On page 79, line 1721, I move to strike o“ut the words “taxed by this act” and insert uon which a tak is imposed by law.” he amendment was agreed to.
The PRESIDENT protempore. The bill will be laid hside tempora'ily to enable, the Chair to receive a message rorn the House of Representatives. legislation, or better understood or were more DBATH OF non. JAMES urumrmer. The following message was received from the HoRep by Mr. McPai msozv, its C erlr: Mr. President. I am directedbylthn HoRep to communicateto the .Sunatoi formation of the death of Hon. Janus HuuPnRB. late a Representativefromthe State NewYork and the proceedingsof the House thereon. The resolutions of the HoRep were read.
###HOUSE OF REPRESENTATIVES. SATURDAY, June 23, 1866. The House met at 12 o’clock m. by the Chaplain, Rev. C. B. Bovsros. The Journal of yesterday was read and approved. SURT'EYOBGENERAL 0!“ IOWA AND “'ISCONSIN.
Mr. JULIAN, b unanimous consent, from the comPubLands, reported back bill of the House No. 401, touremovethe office of surveyor general of the States of Iowa and Wisconsin to Plattsmouth, Nebraska.
Mr. WASHBURNE, of Illinois. The Gentfrom the Dnbuqne district [Mr. ALLI soy] is not now present, nor is the Gentfrom Wisconsin, [Mr. Conn] who IS also interested in this bill. I trust the gentleman will not ress it in their absence.
Mr. JuLIAN. This bill is acce table to them and is entirely unobjectionab c. It is simply a local matter. the bill was orderengross and read a 3rd timei and being engrossed, it was accordingly read the 3rd time and passed.
Mr. JULIAN mtRtv the bill was passed; upon the table. agreed to. CUSTOMHOUSE INVESTIGATION.
Mr. WASHBURNE, of Illinois. Iask unnn imous consent to present to the House the record of an investigation into the accounts and odicial transactions of George M. Carleton, late special agent and acting surveyor of cus toms at Memphis, Tennessee. It is in regard to a transaction in which the Government lost about half a million dollars. I move that it' be printed and referred to the ComBanking&Cari ency, with authority to that committee to examine into the whole subject, to call for persons and papers, and to report to the House. No objection being made, the record was received and Mr. Wasnuumw’s motion was agreed to. mrou'rlvrrou or nouns.
Mr. WASHBURNE, of Illinois. I alsp ask, unanimous consent to present a communication from the consul of the U.S. at Beirut, Syria, to the SecyState, in relation to the importation of, bones of cattle that have died of the tinder pest; and I move that it be referred tb the ComCommerce, and printed. No objection being made, the communication was received and Mr. WY/lsnnumvn’s motion was agreed to.
Skip Skip MESSAGE FROM THESENATE. A messa e from the Senate, by Mr. SMITH, one of its lcrks, announced that the Senate had insisted on its amendments, disagreed to by the House, to JtResolution (H.R.No. 52) to provide for the expenses attendin the exhibition'of the products of indust o the U.S. at the Exposition at aris in 1867, had. reed to the conference asked by the House hereon, and had appointed Messrs. Hanms nacnf, and Gurnnin as managers on the arfof the Senate. TOmessage fur ther announced that the Senate had insisted on its amendments, disagree to by the House to the bill (H.R.No. 477) further to provide for the safety of the lives of passengers on board vessels repelled in whole or in rt by steam, to regulate the salaries of steam oat inspectors, and for other purposes. had agreed to the conference asked by the House thereon, and had a pointed Messrs. Cu.snr.nn,Ennunns and sauna as managers on the part of the Senate. ANDREW 'rsx BROOK.
Mr. BEAMAN, by unanimous consent, introduced a bill for the reliet'ofAndrcw Ten Brook, late consul at Munich; which was read a 1st and 2nd ti me and referred to the ComForAffrs. Prayer SANTA cauz, camromiu.
Mr. McRUER, by unanimous consent, introduced a bill to relinquish the title to the town of Santa Cruz, California; which was read a 1st and 2nd time and referred to the ComPubLands. LEAVE OF ABSENCE.
Mr. MOULTON asked and obtained leave of absence for his colleague, Mr. HARDING, until Wednesday next. ORDER OF BUSINESS.
The Speaker. The morning hour has enow commenced, and the 1st business in order is the call of committees for reports, commencing with the Comclaims. Dll. EDWARD JARVIS.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported a bill for the relief of Dr. Edward Jarvis; which was read a 1st and 2nd time. The question was upon ordering the bill to be engrossed and res. a 3rd time. The bill was read at length. It directs the SecyTreasury to pay to Dr. Ed ward Jarvis the sum of $1.500, in full, for his services in the preparation of the U.S. census of 1850, provided that, the SecyInterior, after full examination of his claim, shall be satisfied that it is reasonable and just.
Mr. WARD. I call (hr the reading o the report. The report was read. It states that Dr. Edward Jarvis, a gentleman of distinguished scientific attainments, was engaged to arrange and compile certain statistics which were regarded of great value, and which were pub shed in the census reports. The report sets forth the account of Mr. Jflvis for services during the years 1853, 1854 and 1855, consisting 0 professional clerical labor, in investigation of subjects, examination of records, calculations, ansWering questions, and solvin difficulties at the request and by the repeate orders of B. De Bow, Superintendent of the Census Bureau. The account is indorsed by De Bow, with the statement that the claim is just, but he has no authority to pay it. The committee report a bill for his relief.
Mr. PRICIE. I understand from the reading of the report that the services for which compensation is claimed, were rendered in 1853, 51, and 1855, and that there was no contract made for compensation for these services. Now, it strikes inc as particularly curious, to say the least of it, that the gentleman who rendered clerical services 13 years ago without any contract for compensation should after this lapse of time now come forward and ask for $1,500. And but for the fact that the ComClaims had reported in favor of Iit, should think there was no kind of foundation for the claim. I have every confidence in that committee; but really I am afraid that for once they have been mistaken, as the best men some times are.,
Mr. WARD. I desire to ask my colleague on the ComClaims, who has reported this bill, Mr. Wisunmx, of Massachusetts] whether t are was any proof before the committee that this man rendered these services pon the strength of any promise on the part the Government or ofany of its Oificials that c was to be compensated for hislabor; or was he merely requested to sufferintend and comile these statistics, and aher the request had ecu made and complied with he then filed his claim ‘2
Mr. WASHBURN, of Massachusetts. This base is somewhat peculiar. After a thorough investigation the ommittee of Claims came to the conclusion that the claim was a just one. I will state some of the facts, if it is necessary to state them more fully thanv they are stated in the report, in order that everymcmber pres t may understand the situation of this case. iu'his individual is one of the most distinguished uo h statisticia s of this country, nnd he is the author of some of the most valuable statistics contained in our census report of 1850, as well as the report of 1860. fie is employed at the present time, and has been so employed for some time past, and receives his pay regularly, for preparing these very same statistics. The only oint, it seems to me, which the House wouldp wish to understand is why the applicunt did not receive his pay for the labors w, ich he performed in 1853, 1854, and 1855. He was employed by Mr. De Bow, the Sn er intendent of tie Census Bureau, to perorm these labors from year to year. When they Were completed, at the end of 3 years, he sent in his bill to the head of the Census Bureau for his services.
Mr. WARD. Will my colleague on the cornmittee yield to me for a moment?
Mr. WASHBURN, of Massachusetts. Yes, sir.
Mr. WASHBUBN, of Massachusetts. I will remind the gentleman we have only an hour.
Mr. WARD. I will be through in a moment. Mr. WASHBURN, of Massachusetts. lhope the gentleman will confine himself to the question.
Mr. WARD. I say the committee have acted on the principle all along of not compensating parties who have rendered valuable gratuitous services to the Government. We took the position, and had to take it to save the Government from ruin and the Treasury from bankruptcy, we could not reward those who had done service unless there was a contract express or implied. That, sir, is this case. This man has done valuable service to the country. Some have given their lives, some have given their property, and some have given their knowledge an their talents, as this man. All have done so gratuitously, and all should stand upon the same platform precisely. Unless we are prepared to open tedoor and give to every one who has done service for the Government up to this time, we should not allow this claim. If we are prepared to do that, then we will allow it. make this statement so that the House may understand what principle is proposed to be established.
Mr. WASHBURNE, of Illinois. I must protest against the principle being established that a man who renders voluntary service to the Government has a right to claim it to be his debtor.
Mr. WASHBURN, of Massachusetts. There is no evidence that this gentleman was to perform this service without payment. The point is whether the House will say to one of the most distinguished men of the country, who has given art of 3 years to the Government, he s 11 not have pay for that service.: here is not a article of testimony he performed this service without expectation of pay when the work was done. When the census was completed he sent in his bill, as he would for any other service, and he did not know till the bill was sent in that the head of the bureau would not pay it as any other bill. He never mistrusted that the head of the bureau had not authority to pay that bill. He performed the service honestly, and owing simply to a blunder of the head of the bureau has not vet been paid for them. he has presented his bill to Congress, indorsed by the Dept, certifyin to the truth and value of his services, What di the committee do when it was submitted to them? They said it was just, and reported this bill in his favor. e do not establish the precedent of paying 'for services when there was no contract. You could not make. a contract. You could not tell how much time it would take. After the work was done he presented his bill and we do not see any reason why it should not be paid. This bill was to have been reported by the chairman of the committee, the Gentfrom Ohio, [Mr. DELANO] now absent on acconht of sickness. He put it into my hand and requested me to report it. I only wish the House to understand the circumstances, and if they see fit they may vote down the bill and I shall have no complaint to make.
Mr. WARD. Should not this be referred to the ComWhole on the state of the Union? It involves an appropriation.
The Speaker. It is too late to make the point of order.
Mr. BEAMAN. Does the Dept emplo men it cannot pay? I
Mr. WASHBURN, of Massachusetts. He supposed he Would receive his pay when he had completed the w0rMr.
Mr. L WRENCE, of Ohio. Is there any evidence of any understanding these services were to be paid for?
Mr. wASHBURN, of Massachusetts. At 1st it was expected it Would only take a few days; when it extended over 3 years of course it was expected he should be paid. The question is whether we will pay him for the work he has done. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time' and being engrossed, it was accordingl read the 3rd time. Mr. LAWREi CE, of Ohio. I call for the yeas&nays on the passage of the bill. The yeas&nays were ordered. The question being taken on the passage of the bill, it was decided in the affirmative yeas 61, nays 41, not voting 90; The Speaker. The Chair votes in the affirmative to make a quorum; and so the bill is passed. Mr. WASHB URN, of massachusetts, mtRtv the bill was passed; upon the table. The latter ine tionwas agreed to. ELEANOR C. RANSOM.
Mr. WASHBURN, of Massachusetts. from the same committee, reported a bill for the relief of Mrs. Eleanor C. Ransom; which was iead a 1st and 2nd time. 4 The bill was read in full. It authorizes the payment of $400 to indemnify the claimant for osses sustained by the sinking of the steam ship North America, on the 22d of December, 1864, during her voyage from NewOrleans to NewYork, she having been on board to nurse and care for the sick and w0unded soldiers of the U.S. during the voyage.
Mr. STEVENS. I move to amend the bill by striking out "$1100H and inserting“ $500” in lieu thereof.,
Skip Skip The amendment was agreed to. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed:
Mr. WASHBURN, of massachusetts, mtRtv the bill was passed; on the table. agreed to. JOHN M. BROOKE, ET AL.
Mr. WASHBURN, of Massachusetts, also from the ComClaims, reported a JtResolution for the relief of John M. Broome and others;
Skip Skip which was read a 1st and 2nd time. The JtResolution was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. WASHBURN, of Massachusetts, mtRtv the JtResolutionwas passed; on the table. agreed to. OBBH, NANSON AND COMPANY.
Mr. WASHBURN, of Massachusetts, also from the ComClaims, reported a bill for the reiiefof Ober, Nansen & Co., merchants of NewYork; which was read a 1st and 2nd time. The bill was then read at length.
Mr. WASHBURN, of Massachusetts. I do not wish to consume the time of the House by discussing this bill. I will simply state the facts in this case, and then if the House chooses to reject the bill it can do so. The bill refers to certain compound interest notes which were sent to NewOrleans by mail. A record was taken of the numbers, and each note verified and certified to. There is no dispute in regard to the numbers. There was a difference of' opinion in the committee as to whether any relief should be granted under the circumstances or not. The bill, however, simpl preserves the evidence in the case, and the Treasury Dept, on the maturing of the compound interest notes, the numbers all being preserved, will pay the notes to these parties. The bill simply re serves the evidence; and that being done, these parties may raise money upon the notes in advance of their payment. They would lose some 60,000 dollars unless some such provision as this were made. There may be some doubt, and I confess I had doubts myself, whether, in the case of any of these short compound interest notes 7 thirties which mature in 3 years, where, if the party losing them, can make out his evidence to the Dept, he can collect the notes, we should furnish relief; but a majority of the committee were in favor of furnishing relief in this case. All the bill amounts to is this, that 6 months after the maturity of these compound interest notes the Government may pay them, as it would do without the bill: only the parties think that the 'paSsageof this bill will enable them to raise money in advance.
Mr. BINGHAM. Idesire to ask the'Gentfrom Masachusetts. in the 1st place, what is the amount involved in thisbilfh
Mr. WASHBURN, of Massachusetts. The amount of the compound interest notes shown to have been lost is $60,000.
Mr. BINGHAM; On what ground is the Government asked to pay for them? Is it because they were in the U.S. mail?
Mr. W SHBURN, of Massachusetts. simply because the evidence shows these notes were lost.
Mr. WASHBURN, of Massachusetts. In the U.S. mail.
Mr. BINGHAM. Exactly; because they were transmitted in the U.S. mail.
Mr. BINGHAM. Is it proposed by this bill to establish the principle of making the government of the nite States the insurer for every dollar that is transmitted through the mail?
Mr. WASHBURN, of Massachusetts. Not at all. The Government must pay these notesin 2 years; and the simple question is whether Congress shall furnish any present aid and relief. We do not propose that the Government shall pay these notes any sooner than if the bill should not pass.
Mr. BINGHAM. I think it is due to myself as well as to the honorable Gentfrom Massachusetts, [Mr. WAsnnmzsJ‘to say that it is far from my purpose to insist here on what are known among law era as technicalities. But I want to know if the passage of this bill is to imply that the Government of the U.S. is to pay for every lost security of the Government in the absence of legal proof of the fact of its existence, in the 1st place, and in the 2nd place of its ownership. I want to know if that is what is involved in this bill.
Mr. WASHBURN, of Massachusetts. Be fore, the ComClaims took any action in this case we went to the Treasury Dept and submitted the evidence which had been laid before us, and they said that with that evidence they would be compelled to pay the notes when they should mature. T iev decided that question. Then the difiiciilty with the committee was whether. as the Dept would pay these notes in alittle more than 2 years, we should furnish any present relief. Some of the committee thought not, because the time was so short.
Mr. PRICE. Will the gentleman yield to me for a moment?
Mr. WASHBURN, of Massachusetts. Certainly.
Mr. PRICE. I wish the House to pay s little attention to this matter of dollars and cents. In my opinion these notes are good in the hands of the holder. Should aninnocent party present these notes at any time prior or subsequent to the date of their maturity, they would be good against the Government. Now, if the Government establishes by the passage of this bill the precedent of payin these notes because they have been lost, it will subject itself to the liability of paying them twice over, and there will be no remedy.
Mr. WASHBURN, of Illinois. such apre cedent would ruin any Government.
Mr. PRICE. I know it is said that these parties propose, by the terms of this bill, to give security to indemnify the Government against loss. But I need not say to the gentlemen who compose this House that security these days amounts to just nothing at all; that a bond of security to pay 12 months after date, 9 times out o ten amounts to nothing. Business men all understand this, and none better than the Gentfrom Massachusetts [Mr. Wasn mmn'] who reports this bill. Again, if we establish this precedent we are liable to have bills presented here to pay every man, woman, and child who may have sent or who may send a 5 dollar note or a 5dollar note through the mail, and it is lost, and there is no reason in the world why we should not pass all those bills as well as this one. And if so, where will the matter end? I be e that for the safety of the Government this bill will either be with drawn or voted down.
Mr. WASHB URN, of Massachusetts. personally I have no objection to this bill being voted down. But the Gentfrom Iowa [Mr. Pmcs] is mistaken in one thing; these notes are not a part of the circulation of the Country. “
Mr. WASHBURNE, of Illinois. They read a the bearer."
Mr. WASHBURN, of Massachusetts. They are not a part of the circulating medium of the country. The ComClaims have decided that no compensation shall be made for the loss of any portion of the circulating me dium of the country. Every one of these notes is on record, and no one can present any of them for payment without the Government being aware of it.
Mr. PRICE. That is true; but at the same time they are good in the hands of the holder. And they are also a part of the circulatin medium of the country; whether so intende or not when issued, is another question. The fact is that they pass from hand to hand, pay able to bearer, and are part of the circulation of the country.
Mr. WASHBURN, of Massachusetts. It is nIot a question of any very great importauce. want a vote on it, and therefore call the previous question.
Mr. WASHBURNE, of Illinois. Iap cal to the Gentfrom Massachusetts
Mr. W'Asanoan to withdraw his call for the previous question, and let this bill be recommit ted to the ComClaims.
Mr. WASHBURN, of Massachusetts. Very well. I have no objection to that. I withdraw the call for the previous uestiou, and move that the bill be printed, an recommitted. The motipn was agreed to. REIMBURSEMENT to WASHINGTON CITY.
Mr. wASHBURN, of Massachusetts, from the ComClaims, reported a bill to pay and discharge certain debts and exenditures to the corporation of the city of Vash in ton. IThe bill, which was read, proposes that the SecyTreasury be authorized to pay to the proper authorities of the city of Washington the sum of $31, 971 34, in fulffor all claims which the city of Washington now has against the U.S., on account of mon eys expended in im roving the streets, have nues, a leys, and puplic grounds in the city of Washington, and for repairing any of the bridges'crossing the Potomac river prior to May 5, 1864; provided that before. payment of the sum appropriated the mayor of Washington city shallpresentto the ComrPubBldg an account embracing each item of charge which the city has against the U.S. for the expenditures referred to, which account the Commissioner shall certify to be correct and just.
Mr. WASHBURNE, of Illinois. I rise to the point of order that this bill contains an appropriation, and must therefore be referred to the ComWhole on the state of the Union.
The SPEAKER. The Chair sustains the point of order, and the bill will be referred to the ComWhole on the state of the Union. WILLIAM G. LEE.
Mr. McKEE from the ComClaims, reported back House bill No. 629, for the benefitof William G. Lee, with a recommendation that it pass. The bill, which was read, proposes to direct the SecyTreasury to pay to William G. Lee the sum of $28, 428 80, in full payment of his claim against the U.S. on account of corn purchased by him in the dept of Kentucky as agent of the quartermaster’s dept, under agreement made by him with Captain John A. Morris in 1864, which corn spoiled on his hands by reason of the Government failing to furnish transportation.
Mr. WASHBURNE, of Illinois. Iraise the point of order that this bill contains an appropriation, and must, under the rule, go to the ComWhole on the Private Cal eudar.
The Speaker. The Chair sustains the point of order; and the bill will be referred to the ComWhole on the Private Calendar.
Mr. McKEE. I move, then, that the rules be suspended, and that the House now resolve itselfinto the ComWhole, in order that we may proceed to the consideration 'of this bill.
The Speaker. By the order of the House, the regular business of the morning hour cannot be interrupted by any other business.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate. by Mr. SMITH, one of its Clerks, announced that the Senate had agreed to the amendments of the House to Senate bills of the following titles: An act (S.No.180) for the relief of A. J. my; An act (S.No.330) making further provision for the establishment 0 an armory and arsenal of construction. deposit, and repairs on RockIsland, in the State of Illinois; An act (S.No.276) for the relief of Corne lius Crowley; and An act (S.No.238) granting a pension to Mrs. Amarilla Cook. The messagefurther announced that the senate had passed without amendment House bills of the following titles: An not (H.R.No. 249) to establish a land office in the Territory of Idaho; and An act (H.R.No. 342) in amendment of an act to promote the progress of the useful arts and the acts in amendment of and in addition thereto. The message also announced that the senate hnd passed a House bill of the following title, with an amendment, in which the concurrence of the House was requested: An act (H.R.No. 145) granting land to A. M. Jess, ofJosephine county, Oregon. The message further announced that the senate had passed a bill and JtResolution of the following titles; in which the concurrence of the House was requested: An act (S.No.285) granting lands to the State of Kansas to aid in the construction of. the Kansas and Neosho Valley railroad and its extension to Red river; and AJtResolution (S.No.110) to authorize the hiring of a building or buildings for the temporary accommodation of the Dept of State. ARMISTED T. M. FILLER.
Mr. McKEE, from the ComClaims, submitted an adverse report upon the petition of Arniisted T. M. Filler; which was laid on the table. I FULLER AND rrsmrn.
Mr. THORNTON, from the ComClaims, reported a JtResolution to audit and pay the claim of Fuller & Fisher, of missouri; which was read a 1st and 2nd time. The preamble of the resolution recites that the horses, coaches, stage property, and means of transportation of Messrs. Owen Fuller and Ulysses E. Fisher, mail contractors on mail route No. 100048, between Rolls and Spring field, in the State of Missouri, were impressed. into the military service of the U.S., and taken possession of and used by come tent military authority, by reason of which a large amount of their property was captured by the enemy and lost to them., The resolution authorizes and requires the SecyTreasury to have the claim of Fuller 8: Fisher audited, and to pay them the amount that shall be found due for such losses, not exceedin the sum of $12, 500.
Mr. WASHBUR E, of Illinois. The bill contains an appropriation, and under the rule must be referred to the ComWhole on the Private Calendar. I make that point of order.
The Speaker. The Chair sustains the point of order. The bill was referred to the ComWhole on the Private Calendar, and, with the accompanying report, ordered to be printed. J. R. BECKLEY.
Mr. THORNTON, from the same commit tee, reported a JtResolution authorizing the SecyTreasury to audit and pay the claim of J. R. Becklcy; which was read)a 1st and 2nd time:
Mr. WASHBURNE, of Illinois. The JtResolution makes an appropriation, and under the rule must have its 1st consideration in the ComWhole. The JtResolution was referred to the ComWhole on the Private Cal endar; and, with the accompanying report, ordered to be riuted.
Mr. WASH URNE, of Illinois. Does not the rule require all bills and resolutions mak.ing appropriations to be referred by the Chair to the ComWhole?
The SPEAKER. Not unless the question is raised. such has been the uniform practice. JAMES FITZGIBBON.
Mr. THORNTON, from the same commit tee, reported a bill for the relief ofJames Fitz. gibbon; which was read a 1st and 2nd time. The bill was read in extenso.
Mr. THORNTON. Mr. Speaker, Iwill state for the benefit of my colleague. that this is an appropriation of some 5 or 600 dollars for the purpose of paying a chaplain whose commission was given on the 1st of March by Mr. Lincoln, and is among the apers, but by some mistake of the President’s Trivnte Secretary the commission did not reach him until the 1st of August. It was sent to Springfield, Missouri;instead of Springfield, Illinois, Where he was on duty at Camp Butler. He has been paid only from the 1st of August, and this is to pay him from March to August, during which time he was doing duty. The bill was orderengross and read a 3rd time; and being engrossed, it was i accordingly read the 3rd time and passed. Mr. THORNTON mtRtv the bill was passed; upon the table. agreed to.
The Speaker stated the morning hour had expired. KOONIZ VERSUS COFFROTH.
Mr. DAWES presented papers in the case of Koontz vs. Coffroth; which were referred to the ComElections. ESTABLISHMENT OF A POST ROUTE.
Mr. DEFREES, by unanimous consent, introduced a bill to establish a post route from Fort Wayne to Auburn, De Kalb county, Indi mm; which was read a 1st and 2nd time and referred to the comPostOffice. ou'rv 0N person.
Mr. DRIGGS, by unanimous consent, submitted the followin; which was referred to the Committee of ays and Means: At 1 meeting of the House ComMining held on Friday. June 22, 1866t.he follow inp resolution wasunanimouslyadopted: touched, That this committeerespectfully recomcmeesnsidtyto the ComWays an Menus the ne duty onwthoicrohiinii tchoepirpoepr, inion existsfor an increased With a view of securing to the home)I‘ uetionfair and inst protection.n.tleast equal to t in twhich wasnfforiod previoustothe war ot the fob 0lll0|1;flt](lthat in their 0 inion a duty of at least SIXcentsper pound should 0 imposedupon foreigningoteopper, and notlessthan 3 centsper pound on the purecopper in foreig'uores. Attest: J. H. RILEY, Clerk of Gmumdmon lines and Mining. WASHINGTON AND GEORGETOWN RAILROAD.
Mr. HUMPHREY led me to esteem him most highly. He was a man of the urest and most exemplary character. Of his beautiful and blameless private life his colleagues have fitly spoken. 'lo a cultivated intellect and scholarly attainments be united the manners and deportment of a most ol ished gentleman. As a lawyer, he was a le, upright, and conscientious; as a legislator, he wasintelligent, incorruptible, and vigilant; and his patriotism and love of country challenged the respect of all loyal hearts. Recognizing his genuine virtues, his great qualities of mind and heart, his services to his country and his State, I am glad to have this opportunity to pay a humble tribute to the memory of a good citizen, a faithful public servant, and an honest man.
Mr. HUMPHREY enjoyed the highest personal respect and confidence of those who were his patrons. But their confidence reposed notonthisground alone. He brought to his professional engagements a rare degree of plain, practical common sense, a power of discriminating between the true and the false. between the lausible only and that which was both plausible and practical, between the interests of his clients and their prejudices. between that which was technically legal, and that which was morally wrong. And beyond this, he gave to the caseswith which he was intrusted a patient and careful investigation, ap lying to the decision of the questions involve the acumen of a sound judgment and a knowledge of legal principles derived from severe studies, continued from early life to the cried when failin health required the aban onment of professional labor. There is no profession in which frankness, kindness, a manly bearing, and a courteous deportment contribute more toward success than the profession of the law. The angry collisions of advocates before ajury or of counsel at the bar may be pastime for an audience, but they advance in no degree the dignity of a profession, the interests of clients, or the ends of justicc.
Mr. DAVIS. I move that the House adj ourn. The motion was agreed to; and thereupon gt 2 o’clock and 15 minutes p. m.) the house adjourned.
Skip Skip PETITIONS, s'rc. The followin petitions.&c.were presentedunder thBeyriMilor, aDnOdNreNeErLreLdYt:o the appropriate committees: Themcmorialof Commauder BOUJHIDIDMoore Dove, of the U.S. Navy. gisiikviyn.gthat he be restoredto his proper rank in the By Mr. GQODYEAR: The DEIitIO'] ofHoHtec L. Emery, praying for the passageof a)0iut resolution aanutdhorizing the cqmlulssimier of Patents to receive. decide upon its merits. an application fur the epxotweenrs.ion of the patent for the end esschain horse By Mr. MERCUR: The petition of 38 citizens of Estimcmnmblacountr. Peanut" aia. “this!” "0h a change in the tariff laws as will protectthe labor of American citizens. By Mr. McCLURG: A claim in favor of John BoBcyhin. of Missouri, for $2. Mr. PAINE: Resolutions of the Chamber of Commerceof Milwaukee. in favor of bridging the MissyiMssri.ppVi IaNtDWOiMno: naT.he memor.ial of den and 90 EH. Critten others.foran appropriation for therelief of L. L. Drake.
@@@IN SENATE SENATE. MONDAY, June 25, 1866. Prayer by the Chailain. Rev. E. H. Gnu. On motion of Mr. WILSON, and by unanimous consent, the reading of the Journal of Saturday last was dispensed with.
Mr. WILSON. The ComMilAffrs , to whom was referred a bill (H.R.No. 680) for the relief of certain officers in the volunteer service who failed to make proper returns of stores and other public property, have instructed me to report it adversely. I move the indefinite postponement of the bill. The motion was agreed to. He also, from the same committee, to whom was referred a bill (H.R.No. 456) to extend the benefits of section 4 of an act making appropriations for the support of the Army for the year ending June 30, 1866, approved March 3, 1865, reported it with an amendment. He also, from the same committee, to whom were referred the following bills and JtResolutions, reported them severally without amendment: A bill (H.R.No. 486) for the relief of Catharine Welsh; A bill (H.R.No. 641) for the relief of Charles M. Stout, late a 2nd lieutenant in company E, 7th regiment Pennsylvania Reserve corps; A JtResolution (H.R.No. 163) for the relief ofJoscph Perkins; and A JtResolution (H.R.No. 164) for the relief of Fontaine T. Fox, jr.
Mr. NESMITH, from the ComMilAffrs , to whom was referred a bill (S.No.287) to provide for the construction of a wagon road from Boise City, in the Territory of Idaho, to Susanville, in california, reported it with an amendment.
Mr. STEWART, from the ComMining, to whom was referred a bill (S.No.352) granting to A. Sutro the right of way and granting other privileges to aid in the construction of a draining and explorin tunnel to the Comstock lode, in the State 0 gNevada, reported it with an amendment. CHARLES M. BLAKE. Mr. SPRAGUE. The ComMilAffrs , to whom was referred the JtResolution (H.R.No. 162) for the relief of Charles M. Blake, have instructed me to report it back without amendment and recommend its assa e; and I move that the Senate procee to the consideration of the resolution. By unanimous consent, the JtResolution was considered as in ComWhole. It directs that there be paid to Charles M. Blake 6 months7 salary as chaplain in the Army, in full for the pay of which he was deprived while waiting investigation into charges preferred against him, at the close of which investigation he was restored to his position by the SecyWar. The JtResolution was reported to the senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. PARK AND PRESIDENTIAL MANSION.
Mr. POLAND submitted the following res olution; which was considered by unanimous consent and agreed to: l 11. That the comPublic Buildings “Rdezfrgt‘mds bedirected to inquire whether a tract of in ndof not lessthan 350 acres, adjoining or very near this city. can in) obtainedfor areasunable price. for a park and site for n Presidential mansion, which shall combine of access.honltlifulness, good water, and cocnavpeanbieilniteye of adornment.
Skip Skip MESSAGE FROM THB HOUSE. A message from the HoRep, by Mr. McPm msox, its Clerk, announced that the HoRep had passed the following bill and JtResolution; in which it re nested the concurrence of the Senate: A ill (H.R.No. 709) for the relief of Mrs. Eleanor C. Ransom; and A JtResolution (H.R.No. 172) for the relief of John M. Broome, and others, the band of 12th Kentucky infantry. BILLS INTRODUCED.
Mr. KIRKWOOD asked, and by unanimous consent obtained, leave to introduce a bill (S.No.301) to aid the development of the mineral and agricultural resources of Montana; which was read twice by its title. referred to the ComPubLands, and ordered to be printed.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce'u bill (S.No.392) for the relief of the heirs of George Faber; which was read twice by its title and referred to the ComPatents and the Patent office.
Skip Skip LEAVE OF ABSENCE. Mr. ANTHONY. I move that leave of ab sence be granted to Mr. DIXON for the remain der of the session. I desire to state, as his colleague is in the chair, that this leave is asked for on account of sickness; and while I‘ am hap y to say that he is convalescent. it is feared that it may not be prudent for him to return this session. Leave was granted.
Mr. CLARK. I hope the Senfrom Indiana will not press his amendment at the present time. I think we had better pass the bill as it is. I do not know but that an amendment may be needed hereafter, but we are making in some sort an experiment now, and we should be very careful with these claims. I am in favor of the bill as it stands. I am, and have been for a long time, in favor of paying the loyal citizens of the disloyal States who have just claims against the Government. I think the true way of paying them is at the Court of Claims. The Court of Claims has much greater facilities for examining testimony and thoroughly investigating a case than a Dept can have, or a committee of Congress can have. If, by and by, when we have gone along for sometime and seen what we can accomplish in this way, there shall he need of further legislation, I have no doubt Congress will be wi ling to supply it. But there is a lit tle hesitancy now on the part of many Sens&Reps to go very largely into these claims in the southern States. We had betterproceed cauliousl. We had better have our construction of the law very strict, ‘rather than loose at 1st, in order to pay the “IXDS that ought to be paid. Ithin it is hat the bill should pass as it is, and if rea i‘the court shall gives wrong c'on struction to it, we can make the proper amendment.
Mr. HENDRICKS. If the Senator would propose an amendment to the bill advocated y the Senfrom Vermont, I would be entirely satisfied; and that is, to let the cases under $500, which have yet to be examined before the Dept, notwithstanding this bill, go directly to the accounting officers. I think it is an error that the Commissary general and the QuarterMGen should become accounting officers. It is not according to the system" that we have adopted. The QuarterMGen is not a proper accounting officer of the Government. where aclaim is presented to him, and he rejects it Mr. CLARK. If the Senator will pardon me, I think it had better go, in the net in stance, to the QuarterMGen or the Commissary General for examination, and then to the accounting officers.
Mr. HENDRICKS. Thatis what I propose. I think they ought to go through the quartermaster’s office with a view to such suggestions about allowing them and such information as that dept can give; but I do not think the QuarterMGen ought to be the final authority to ad'udieate a claim.
Mr. CLARl. I was for fixing the amount at which all claims should go to the Court of Claims at $300. I prefer that; but many senatoi s thought that would be a little too strict, and that the accounting officers of the Treasury or the proper officers of the dept might settle all e aims up to $500. I 0 not know but that I would be entirely willing. if these claims can go in the 1st instance and be certified at the quartermaster’s or commissary dept, then to let them go to the accounting officers of the Treasury and there be finally adjudicated. I have no desire or preference for one tribunal over another, except to have these cases thor oughly examined and allowed only upon strict proof; because there will be so many of them, unless we do make strict roof and be very thorough in our examination, the danger is that they will all be swept away or the Treasury deleted; one of these 2 things must happen.Mr. HENDRICKS. I presume there are a great many citizens in the State of Indiana interested in this question, and therefore I am anxious to see it properly disposed of. There was an invasion of our State by a cavalry force under John Mor an, and in the pursuit of that force the proceeing: were somewhat irregular, and to support the rmy the means of the people were taken to a very considerable extent, and no sufficient provision is made for their payment. The corn, hay, oats, &c., to support the cavalry force in pursuit of John Mor gan were sometimes taken without the intervention of a quartermaster’s officer or any officer of the commissary dept. The man whose corn, oats, and hay went to feed the horses of the Army ought to be paid, but General Meigs will not pay them. I nln not willing that he shall be the inal authority upon any such question where the people of Indiana are interested.
Mr. CLARK. The Senator will see that there is considerable diflieulty in the case which he suggests. Agreat many things might be destroyed that would come under the head, perhaps, of damage. Provender, d'c. taken by a proper officer for the support of the Army should be paid for. So far as Iaui concerned, and perhaps the Senfrom Vermont will consent to that course, I think the bill should lie over a little while to allow the Senfrom Indiana and the Senator having charge of it to confer a little and see if something cannot be agreed upon that will be satisfactory to both. It is desirable that only a proper bill should be passed with proper safeguards for the Treasury.
Mr. HENDRICKS. I want to state to the Senator, if he thinks I am in favor of letting any officer adjudicate upon a claim of mere damages, that I am not. I am not in favor of taking that from under the immediate control of' Congress.
Mr. CLARK, I did not understand the difficult Senator so to state; but I was pointing out the there might be in the case.
Mr. HENDRIC S. Where there is an implied assumpsit between the citizens and the Government, whether it is in a regular proceeding or not, I think they ought to be paid; for instance, where provisions have been taken to feed the Army in the field or horses in the field. What I want, and what I think is very important to the rights of these parties, is, to take the adjudication away from the QuarterMGen, so far as he assumes to be the final judge, and give it to the accounting officers of the Treasury. I am willing for the claims to pass through those depts for report, and, then let them go to the Auditor, who is the proor accountin officer of the Government. There is muc dissatisfaction with the adjudications of the quartermaster‘s office, and I think justly. I think there is an effort perhaps I am not justified in saying whatI was going to say but sometimes a reputation for economy is secured by grinding down the citizen in regard to a little bit of a matter when millions of money are squandered in things that bring no good to the public.
Mr. POLAND. 1 entirely agree with what the honorable Senfrom Indiana sa's in relation to the constructions that have been put upon the existing law by the quartermas ter’s dept. I think it is true that their construction of the language in relation to who is the preper officer is entircl erroneous; and in some other respects there has been a strictness of construction that I think is not war ranted by the existing law. The language of the present not is the same as that of the existing law, except that itextends it over awider portion of country, and gives the jurisdiction in all cases above $500 to the Court of Claims. But, Mr. President, I think the whole thing will be remedied by the passage of this billjust as it stands. All the larger claims will omto the Court of Claims; a proper judicia construction will be given to the act; and, of course, that will be binding upon the Depts; that will settle the practice under it there; and those erroneousinterpretations, of which the honorable Senfrom Indiana complains, will all be cured in that way. I think that the entire object of his aincndment will be met and satisfied by the passage of the bill as it stands.
Mr. HENDRICKS. Upon the suggestion of the Senator, for whom I have so very much respect, I will withdraw my amendment, and we will test it until the uextsessiou. If we find the people are still to be ground down as the have been heretofore, we can offer an amen ment at the next session.
The PRESIDENTprotempers. The amendment is withdrawn.
Mr. SPRAGUE. I ask the consent of the honorable Senfrom Vermont to amend the bill wherever a reference is made to the QuaiterMGen or to the Commissary general by changing it to “ the SecyWar.” These officers are to cause an examination into the validity and proriety of these accounts. It seems to me that the SecyWar would be the proper person in whom to concentrate all matters pertaining to his whole dept, rather than to make separate branches of his Dept accounting and settling officers, even in matters of this kind. Combinations outside of the dept might have an influence upon the subordinate officers, when that influence would not extend to the head of the Dept. It seems to me, therefore, that we should insert in this bill the name of the SecyWar, who would naturally refer all matters pertaining to the quartermaster’s dept to the QuarterMGen, and all matters of subsistence to the Commissary Generafs dept, and would receive reports, of' course, directly from them on the subject. I hope the honorable Senator will permit the name of the SecyWar to he introduced and I will move that amendment. In line 8, of the 1st section, I move to strike out the words “ QuarterMGen of the U.S.” and insert “SecyWar, ” and also in line ten to strike out the words “ QuarterMGen” and insert “SecyWar, " and in the 2nd section, line 6, to strike out the words “Commissary General of Subsistence" and insert SecyWar;” and also in line 8 to strike out the words “ Commissary General of Subsistence" and insert “SecyWar.”
Mr. HOWARD. This bill will be very sweeping in its effect; very general. I wish to inquire of the honorable Senfrom Vermont if he or any other person has made any estimate of the probable amountOf money which this bill, should it become a law, will require to be paid o‘ut. of the Treasury of the U.S.
Mr. POLAND. The committee made no inquiry upon that subject. Indeed, I supposed it was one in regard to which we could get no information; and I do not suppose it makes any difference what the amount may be. whatever amount loyal people have furnished our Army we ought to pay for or undertake to pay for, whether that amount be great or small. We have no means of ascertaining the exact amount. a
Mr. HOWARD. Does the honorable Senfrom Vermoyit, who reported the bill, contemplate that it is to go into operation in the rebel States? By the terms of the bill, I understand that such will be the effect, and that every person throughout the rebel States whose property has been taken, either with or without an official receipt, and who can prove that he was a loyal person, will be entitled to compensation under this bill, if it should become a law.
Mr. POLAND. I understand that to be substantialy the meaning of the bill.
Mr. TRUMBULL. Mr. President, I should object as strenuously as the Senfrom Michigan to any bill of the character which he is opposing. I should object in behalf of the loyal people of the U.S. to paying rebels for anythin. But, sir, I do not object to paing the loya people of the U.S. for the contributions they have made to put down this rebellion. This is a bill for the loyal people of the U.S., not for the disloyal. Does the Senfrom Michigan mean to stand up and say that when the Army of the U.S. through its proper officer has taken the property of a loyal man, loyal at the time, loyal ever since, loyal now, and used it in putting down the rebellion, he will not pay that loyal man for that property?
Mr.. HOWARD. What I intended to say and I think I confined myself carefully to the statement of my proposition 7mm this: I to the payment of any man (whether loyoabjeocrt disloyail in a rebel State for the taking of his property in the regular prosecution of the war for the preservation oft e Union. I have said nothing about the payment of loyal men in loyal States whose property has been taken; and it was not necessary for me to allude to that branch of the subject.
Mr. WILSONl say thereis ruin in the bill. Sir, t ore is no rum in the bill. That. idea is entirely imaginary. The Senfrom Massachusetts undoubtedly knows a great many things; but does he know that this very law has been enforced for 2 years up lying to all the loyal States of the Union, up Iying to the State of Maryland, applying to the State of WestVirginia, applying to the State of Missouri, applying to the State of Kentucky; and what ruin has come upon the country? The whole amount that has been allowed, even through your commissary and uartermaster‘s depts, without the legs tests of a judicial in vestigation, is but a few 100,000 dollars. The whole of it is nothing like a million, although you had large armies in these States all the time. The whole amount of claims established, I think is not $400,000. We had a statement from the Dept on that point.
Mr. POLAND. About 300,000 dollars at that time. That was a couple of months ago.
Mr. TRU MBULL. About 300,000 dollars 2 months ago was all that had been allowed, and the law has been in force for 2 years. It is an unnecessary alarm that is sought to be excited against this bill. I think, sir, that we ought to pass a measure of this kind, and I do not see the distinction which my friendfrom Michigan makes between the truly loyal man of the South and the truly loyal man of the North. I would pay one as soon as the other.
Mr. HOWARD. If the Senator will pardon me, I will endeavor to manifest the distinction to which I alluded. It seems to me to be very plain. It consists in this: that b several solemn acts of Congress, passed I) is votes and mine, the 11 rebel States have been declared to be enemies of the U.S. public enemies, with whom we as a Government were at war a war regulated in all respects upon the recognized principles of public war. Every man, woman, and child within the limits of the rebel States were by law the enemies of the U.S. When I say enemies, I do not mean that every one of course was at heart hostile to the Government of the U.S.; but it was one of the necessary legal results of the condition in which the majority of the people of those States placed the State in each case, to make the whole population ene mies. Now, if the honorable Senfrom Illinois will inform me what case there is in the whole history of war in which property taken by a belligerent entering the enemy’s territory has been paid for by the invaders who have become the successful party, then I shall give up my point. I know of no such rineiv ple in the laws of war as requires a belhgerent party to pay for property which the invading army takes by way of forage or in any other form for the support and maintenance of the army which he is leading against his enemy.
Mr. TItUMBULL. The Senfrom Michigan refers to various laws with which I am not familiar. I am not familiar with those statuteswhich declared these people to he public enemies. I am very sure did not vote for them.
Mr. TRUMBULL. And I do not know where those statutes are. I know that we declared the inhabitants of certain States to be in a state of insurrection, under a proclamation. But the Senator wants to know if I can give him any instance where property was paid for under such circumstances, and he says that if I can be will give it up. Why, sir, our Army paid for property all the while. GenlSherman paid) for property and General Banks paid for property taken in the rebellious States. Whore the officer had the money he paid down at the time. It has been done all through the war.
Mr. HOWARD. Not as the act of the commander in cliief.
Mr. TRUMBULL. Yes, as the act of the commander; and where he did not have the money he gave a receipt for it; and now. because he did not have the money. you will not pay! This bill provides for paying where your proper officer took the property of a loyal man and gave a receipt for it. If he had had the money he would have paid at the time; but because the officer did not have money to pay down and gave a receipt for the property you will not ay, and you never heard of an in stance where anybody did! Certainly such payments have been made all through the war. ow, that there may be no mistake as to this question of loyalty, prose to define it a little more strictly, and I think that will obviate some of the objections of my friendfrom Michigan, and perhaps the objections of others. I shaltf move at the prOper time an amendment to define the question of loyalty, which I will read: That the claimant must, in proof of his loyalty. establish by evidence that from the time his claim accrued, and eversince.he has firmly and faithfully maintained his adherenceand allexiancoto the governmentof the U.S.by defendingits cause against the rebellion. aoverument and forces of the socalled confederateStatesin all suitable and prac flpgitzlye ways and accordingto his ability and oppor I am willing to adept a revision defining loyalty in that way, that it shall not be simply passive, but that the claimant shall be required to prove that he has manifested his loyalty upon all suitable and practicable occasions, according to his ability; that whenever opportunity offered he has shown nilirmatively that he was and is loyal; and when he shows that I think he ought to be paid if his property has been taken and receipted for by thcproperolli car, or, ifa receipt was not given, whereitwas taken and used by the Government.
Mr. WILSON. Mr. President, the Senfrom Illinois tells us that the passage of this bill will save 100s of 1,000s and millions of dollars, and that explainstbe extraor dinary zeal he manifests for it. I took occasion to refer to a remark made by a gentleman who for 4 years has been daily engaged in matters pertaining to the loyalty of these people and who tells me that under the bill the whole population can prove themselves loyal. The Senator himself confesses its weakness b his proposed amendment. llIy side remar was not made to him, but he took occasion publicly to comment upon it. Now, sir, I will say to the Senator that this is a dangerous bill, that there are millions upon millions of dollarsinvolved in it, and this senate and this Congress ought not to pass it. If we are to legislate at all, if we are to extend the provisions of a law applicable and which have been up licable to loyal States, to the 11 disloya States in the present condition of the country, and in their present condition, I think the act should be moat studiously guarded and carefully worded. If loyal persons, persons who can prove themselves loyal, have received from officers of the Government certificates for supplies furnished the Army, there is some claim in that, but here is a provision in this bilkhat persons who have received no certificates may make their application. That almost the entire populntion can prove and will prove themselves loyal people in order to obtain this compensation, I entertain no doubt. There are depts of this government where they are doing it now. There are Depts of this Government in Washington where there is evidence to show that a very large portion of the population there always have been loyal. Wlienever these money claims are made it is retiy easy to prove the man to have been loyarto the country or never:9have given any voluntary suppOrt to the rebellion. 1
The PRESIDENT ro tem are. The morning hum having expired, it is the duty of the Chair to call u the unfinished business om urday, being house bill NO. 513.
Mr. FESSENDEN. On page 144, at the top of the page, in line 3334, I move to strike out “ this act" and to insert “law;” and in line 3336 to strike out. “ hereby" before “imposed, ” and after “imposed” to insert “by law.”
The PRESIDENT protempera. These alterations will be made, no objection being interposed.
Mr. FESSENDEN. On page 153, in line 3577, I move to strike out “ in this act, ” and in line 30 580, on the same page, to out “ byvirtuo of this act."
The PRESIDENT prolempore. Those alterations will be made.
Mr. FESSENDEN. In line 3582, on the same page, I move to strike out “b virtue of this act.”
The PRESIDE NT protempore. That alteration will be made.
Mr. FESSENDEN. In line 3583.at the top of page 154, I move to strike out “ herein” before “provided.”
The PRESIDENT protempore. That alteration will be made.
Mr. FESSENDEN. In line 3640, on page 156, I move to strike out “ herein.’
The PRESIDENT protemporc. That alteration will be made, no objection being interposed.
Mr. FESSENDEN. On age 32, in line 564 TXXIOVCto strike out after “shall” the wor s “call upon the assessor of the district to, ” so as to read: “the officer making the distraint shall sum mon 3 disinterested householders of the vicinity, ” &c.
The PR ESIDENT protempore. Those words will be stricken out, no objection being interposed.
Mr. FESSENDEN. On page 42, in lines 792 and 793, I move to strike out the words “with the salary, fees, commissions, and charges allowed by law.”
The President T prolemporc. Those words will be stricken out, no objection being interposed.
Mr. FESSENDEN. On age 77, line 1672, Iamovo to strike out tobacconists. ”.
The PRESIDENT protampon. That correction will be made, no objection being interposed.
Mr. FESSENDEN. In line 1805. on page 82, after the word “sure ties, " I move to insert the words “or amount.”
The PRESIDENT protsmporc. Those words will be added. no objection being interposed.
Mr. FESSENDEN. On page 166, in line 141 of section 11, I “ move to strike out the word “pumps” before steam engines. “
Mr. FESSENDEN. I now move to amend the bill on pages 175 and 176 by strikin out all of section 20 after the enacting c ease and inserting as a substitute what I send to the Chair.
The Secretary read the amendment, which was to strike out all of section 20 after the enacting clause, in the following words: That no suit shall be broughtazainstnu oolleobnr of scpuesteoiaml staoxr.oof printtaexrnpaalidre. Vuennleuses fosur cahnsyu itlitis bylr.iocuegnhset. within 6 months from the passageof this act or within 6 monthsafter the payment of such duty or tax. And to insert in lieu thereof: That no suit shall be maintained in any court for thorccovery of any tax alleged to have been'erro neonslyor illegally assessed or collected, until appeal shall have beenduly madeto the ComrIntRev according to the pmvisron of law in that regard and the rgfiulations of the Score tarX of the treasur establish in pursuance thereof an a decision 0 said Commissioner shall be'had thereon: nor unless such suit shall be brought within 6 months from the time of said decision or With 6 months from the time this act takes effect: provided, That if said decision shall be delayed more than 6 months from the date of such appeal.then said salt may be brought at any time Within 12 months from the dato ofsuch appeal.
Mr. FESSENDEN. I will ask the Clerk to turn to age 118, lines 20 '69 our and 2690 5. How does that provision read now?
The Secretary read the clause, as follows: 'Aflll the provisionsoflaw in relation to stampdu tiesi nschedule B of this actshall applytostauiptaxes herein imposed uion sales and contracts of sales made by brokers. anks or bankers and others. as aforesaid.
Mr. FESSENDEN. On page 100, section [32 ] 30, line 33, I move to E strike out the words “one 8th of 1%.” and to insert “such fee as may bel prescribed by the ComrIntRev.”
Mr. FESSENDEN. On page 192, section [33 ] 31, line 7, I move to strike out the words “one quarter of 1%." and to insert “such fee as may be prescribed by the ComrIntRev.”
Mr. VANWIN KLE. On page 14, lines 108 and 109, I move to strike out the words “special tax or income” and to insert “special or income tax.ll
Mr. VANWINKLE. On page 78, 1ine 1710, I move to strike out the words "in this act levied or provided” and to insert “imposed by law.”
Mr. VANWINKLE. On the same page, line 1712, I move to strike out the words 9 herein specified.”
Mr. VANWINKLE. On page 100, line 2241, at the end of the clause, I move to insert the words “ mentioned in this paragraph.”
Mr. VANWINKLE. On page 168, line 189, alter the word “yeast” I move to insert “and baking;” so as to place “yeast and baking powders” on the free list.
Mr. VANWINKLE. On page 199, section [37] 35, line 35, I move t“o strike out the word “and” and to insert or, " so as to read " distillery or warehouse.”
Mr. VANWINKLE. On page 207, line 42 of section [43 141, I move to insert the word "the" before “exe cation."
Mr. VANWINKLE. On age 210, section [45] 43, line 14, I move to strike out the words “right, title, and interest in and to, ” and toinsert “ property in.”
Mr. GUTHRIE. I am acquainted with the facts and the proceedings to which my colleague refers. I thought they were framed pretty much to get the penalties. They did not touch the production. It was the outside declaration of the law warthat the parties had paid for all they had istilled, and I have no doubt that was so. I have looked over this bill, and I do not believe it is possible to collect the internalrevenue without a very rigid law, and one nearly as rigid as this. My colleague says the amount of grain is no criterion of the quantity of spirits distilled. I think it certainly is a criterion. It may not be a very accurate one. Some distillers used to say that they made 4 and a half gallons, others that they made but 3 and a half gallons, and others that they could not get that much. A good deal depends on the character of the weather, a good deal depends on the success of the mash. Then when they mash with slop, very often they do not get the spir its in the 1st distillation, but get them in the 2nd. The quantity of graiu used is one cri terion, and I could not recommend that it be dispensed with. So it is in relation to beer. You cannot resort to taxation ‘on these articles without a pretty rigid system of laws. If on make them so equitable and amiable that they will suit the taste of everybody you will get no revenue. The amendment was rejected.
Mr. HENDERSON. I move to strike out all of the 1st section of the bill after the on acting clause, and insert the following: That no tax or duty shall be assessedor paid on uninanufactured cottonwhich may begrownor produced after the passageof this not.
Mr. FESSENDEN. I trust that will not be adopted. We have had the same tax on cot ton since the last act was passed. The HoRep in this bil. but the tax on cotton at 5 cents a ound. ehave struck that down to the original tax, leaving it to stand as it is. I trust the Senate will be content to let it so remain.
Mr. HENDERSON. I believe that it was 2 years ago that this tax was 1st imposed, was it not?
Mr. HENDERSON. I at thattime resisted the imposition of the tax upon the ground that I thought it unconstitutional. I had not then sufficiently examined the subject to advance any very confident opinion on that point, but I have since given it a very thorough investigation, and I am perfectly satisfied that cotton or any other artic e of agricultural production cannot be ta'xed in the raw state under our Constitution; or if it can be taxed at all, it must be apportioned among the States as a direct tax. I‘do not wish to take up the time of the Senate; but as this is a very important subject, I think one of the most important. because it lays a precedent for the taxing of mos. 3385 agricultural products, I should like to be allowed a short time to discuss it. In fact a year or 2 ago it was proposed by the SecyTreasury to tax tobacco in the leaf, and that induced me to make a very thorough examination of this general subject. I do not wish to interfere with the desire of the ComFinance on this subject, and I hope I shall have the permission of the Senfrom Maine to discuss the subject somewhat.
Mr. FESSENDEN. I have no power either to give or to withhold permission. The senator must be his own judgc.
Mr. HEN DERSON. Allow me to interrupt. the Senator just there. He says that taxes, imposts, excises, and duties may he laid, but the latter 3 must be uniform. He says that the 1st word, taxes, is as broad as the English language. Now, I desire to ask him a question. I excises, duties, and imposts must be uniform, and Congress can levy other than a direct tax under the 1st word, “taxes, ” is there any restraint upon it unless it be that it shall be apportioned as required upon representative population? According to the senator’s argument, everything may be a “tax, ” and you may levy in one State just as much as you please, and in another State just as much as you please, on the same article, because if the word “taxes, ” as used in that connection, does not mean “direct taxes, ” there is no limit at all.
Mr. HENDERSON. I should like to have the yeas&nays on the amendment. The yeas&nays were ordered.
Mr. HENDERSON. The Senfrom Ohio says we have settled this question. We settled it in the midst of war.an at a time when the proclamation of the President madethe southern States enemies, and I do not think the legislation at that time, levying a tax upon cotton that might be obtained and brought from the enemy’s country into our own, comes under the same head of taxes under which he chooses to tax this article now. I think it is altogether a different thing. The war is over: and now the levying of a tax upon an agricultural product in the southern States is exactly the same as levying it in the State of Ohio. I do not think our action of 2 years ago is any precedent at all. It was an article, then, brought from a country that was at war, an enemy‘s country. The question being taken by yeas&nays, resultet yens 10, nays 24; 24.. SENT Messrs. Anthony, Brown. Cownn.Cra g‘jn, Dixon. Johnson. Lane of Kansas. MeDougall. l. esmlth, Nye, Riddle, Saulsbury. Sumner. Wright, and Yates 15. So the amendment was rejected.
Mr. CRESWELL. I move to amend the bill on page 22, line 316, by striking out the word “ four" and in l r lt t It |ll serting in lieu thereof the word “5;” the effect of which will be to pay the asst assessors uniformly 5 dollars a day instead of four. It makes their pay uniform.
Mr. FESSENDEN. The original provision was 3 dollars a day. They made a very considerable talk about it, and we put it up to 4 dollars a day. This session they have been complaining that they ought to have office rent, and we have given power to the Commissioner to allow them office. rent. Now, the Senator says that will not do; they must have 5 dollars a day; and I do not know where it will end. He says we cannot get competent persons for less. We do get competent persons, and they are willing to hold on to the offices. They do not resi n. The question is, inasmuch as this matter has been considered and settled by the committee, whether it is worth while, because a gentleman is here from Baltimore, who, I believe, has been staying here for a long time trying to get his pay raised, for us to raise their pay. I think we had better stand as we are.
Mr. CRESWELL. The provision for office rent is not at all equitable in its character, because that requires every man, no matter what may be his position, to rent an office, and many of them have apartments in their houses, for which they cannot legitimately or properly, perhaps, charge office rent.
Mr. CRESWELL. I ask for the yeas&nays upon the amendment. The yeas&nays were ordered; and being taken, resulted yeast 5, Days 28; 16. So the amendment was rejected.
Mr. TRUMBULL. I move to amend the bill on page 107 by inserting after line 20 429 the following: On shoddy wool manufactured from woven cloth 5 centsper pouu.
Mr. FESSENDEN. I will inform the sentlolr that there is already a tax on that by this 1.
Mr. FESSENDEN. It is a tax of 5%. on the manufactured article.
Mr. TRUMBULL. That is a tax of 5%. advalorem, which is a very different thmg from this amendment. My proposition is to tax it 5 cents perpound. I presume every one knows what shoddy is. It is a species of wool made out of old cloth which isintroduced into the manufacture of new cloth. It isasubstance, producing a very inferior article, by which the community are very much imposed upon. In the earl stages of the war a great deal of this shod y cloth was purchased for Army clothing, and great losses were occasioned by it. It is a poor and inferior article. calcu lated to impose upon the community. Itsproduction ought not to be encouraged, and it is in the way of the manufacture of good articles. The woolen manufactories cannot afford to use all wool and make a good article of cloth and compete with the Other manufactories which use half wool and half shoddy. This shoddy can be manufactured, I understand, from old cloths at about ten cents a pound. it is mixed then with good wool and an article is produced of course chea er than you can make it from new wool, woofcosting sa 50 cents a pound. The object of the amendment is twofold: in the 1st place, to derive a revenue from this shoddy; and in the next place, to encourage the manufacture of agood article, and discour age the introduction of this shoddy into manufactured articles. It goes into cloth, hats, and carpets.
Mr. TRUMBULL. I agree with the senator; I think the tax ought to be ten cents. I 1st framed the amendment fixing the tax at ten cents; but Senators around me suggested “5, ” and I placed it at that. I should be better satisfied with tea. I think there ought It ought to be taxed ten to be a tax of ten cents a pound on this shoddy, so that there will be less inducement to introduce it into our cloth, and thus have less imposition practiced upon the country. Shoddy wool is an article well known. It is wool made out of old cloth. It is well understood in the country. I had 3 specimens of it submit ted to me the other day, made out of different kinds of cloth, some of it very coarse, and some of it made from finer cloths, and a fine fiber. I trust the Senate will adopt the amendment. I shall take u no time in discussing it.
Mr. SPRAGUE. I wish to say one word on this subject. This material called shoddy called so since the war, but never beforewas introduced into the use of manufactured articles in this country in order to compete with articles manufactured abroad. It was not known here until we were forced to imitate the example of those who shipped such goods into this country to be distributed to the consumers here. The Senfrom Illinois cannot accomplish the result that he desires by simply preventing home manufacturers from the employment of this commodity, for the very reason that it will come in contact. as the manufactures here have come in contact, with the foreign article.
Mr. TRUMBULL. The Senfrom RhdIsland will allow me to suggest that we shall have the tariff bill before us in a short time, and I shall propose, and I presume it will be done, to put a very heavy tariff duty upon all cloths manufactured of shoddy, so that we shall protect ourselves against it from abroad as we las at home.
Mr. SPRAGUE. You may do that in the new tariff bill; but that is not the law now, as I understand it.
Mr. TRUMBULL. But a tariff bill is to come soon. It is well understood that we are to have a tariff bill.
Mr. CHANDLER. The Senfrom RhdIsland says that every purchaser knows what is manufactured from shoddy. Now, I will venture to say that there are not 3 members of this body who can tell whether there is shoddy in the cloth of their coats or not. None but an expert can tell it. Shoddy is used chiefly, although not wholly, in thickening by falling cloth which was lighter before the shoddy was applied. It is utterly worthless. It is a cheat. There is no wear in it. A thin article of cloth is thickened, and the shoddy fulled in‘. Every man who has worn a coat has found a little wish of something in the bottom of the lining. "hat is shoddy. It is fulled into the cloth. It peels off, and is utterly worthless. It is simply a cheat. There is no wear to it, no value to it, no object in its use except to defraud. It is true it is a recent production in this country. The English were in the habit of sending us manufactures of shoddy. They look well; they feel well; but they will cheat; they will not wear. I remarked a few minutes ago that I thought the tax on shoddy should be ten cents instead of 5. I do. I would tax it out of existence and then to protect our manufacturers I would impose a duty of 100 or 500%. on the importation of anything that Iiad shoddy connected with it in any way, man I would 5(01 the cheating in This Government lhas lost millions of dollars since the commencement of this war by shoddy. I think we all know enough about shoddy to stop its manufacture if we can. I would prefer a tax of ten cents; but I am willing to accept 5; and then when the tariff bill comes in, I will vote any tax you see fit to impose on the importation of shoddy, enough at any rate to stop the use of shoddy.
Skip Skip The amendment was agreed to ayes 8 een, noes not counted.
Mr. HARRIS. I move to amend the bill l1 on page 138 by inserting after line 3203 the following: Any tax paid under the provisions of the 124th an 125th sections shall ho deducted from the particular legacyor distributive shareon accountof which the same is charged. I will explain the object of this amendment. It does not affect the Government at all, one way or the other. A tax is imposed by the 124th section, and it is carried out in the 125th section, upon what is called succession. A person dies, and a legatee or distributee is entitled to a share of the estate, and there is a tax upon it, and vcry properly. The question has arisen whether that tax is chargeable npon the body of the estate, the corpus of the estate, or upon the particular legacy or distributive share. Questions have arisen and are now in litigation upon that point. I should have no hesitation myself in saying that it should be charged upon the share on account of which the tax is laid; but there are those who suppose that, like other expenses of administration. it should come out of the bed of the I with a view to charge this tax in the settlement of the estate upon the particular lo acy or distributive share, on account of which the tax is laid.
Mr. FESSENDEN. There is no objection to the amendment.
Mr. HARRIS. On ace 128, after line 2959, I move to insert the following proviso: And prom'ded further, That the prorisions of this act shall not apply to any bank. bankrug assoclation or corporation whosecharter had expired and whose affairs were in processof li uidation at the time the act of June 30, 1864t.ook c act.
Mr. FESSENDEN. What is the effect of that amendment?
Mr. HARRIS. I will state it. There is in the State of NewYork, and I dare say there are in other States, a class of old banks whose charters had expired and whose business was in process of settlement and liquidation before June, 1804; some of them several years ago. Some of them had closed up their affairs, distributed their effeets among the stockholders, and after paying all their effects, they hadnothing to do but to redeem the small outstanding circulation. To illustrate it, I will take the case.of the Highland Bank, at Newburg, in NewYork. Its charter expired in 1863. By the laws of NewYork, trusteea were pointed. to settle the affairs of the bank. T cy went on and settled the alfairs of the bank, paid all the debts and distributed the effects among the stockholders; but there is a circulation out, of lest bills probably, of more than 5%. If there was less than that amount I see a provision in the new section here which would cover it; but there is more than live%. out. For the purpose of covering that, and meeting those bills if they should come inprobably they never will they have deposited may national bank the amount of their out standin circulation in order to redeem those bills. ow, by a construction which has been given by the Commissioner, which I think, with all respect is erroneous, he holds that this bank which had ceased to exist. before this law was passed it was no bank, no banking corporation, no banking institution, but merely a provision made by certain trustees pointed by law to redeem the outstanding circulation he holds that this bank, as he construes it to be, is liable to the tax of 3%. a year. They have no interest at all; they are doing no business; they merely made the deposit to redeem hills which will probably never be presented. The provision of this amendment which I have offered is, that where a bank had ceased to exist before the law of 1864 went into effect it shall not be liable to taxation under the provisions of that law.
Mr. FESSENDEN. I will ask the Senator whether such a case would not come under this provision: But wheneverany bank which has ceasedto issue notesfor circulation shall depositin the Treasury of the U.S.in lawful money, the amountofits outstandingcirculation, to beredeemedat par under such regulations as the SecyTreasury 211la“ prescribe, it shall be exempt from any taxa on.
Mr. HARRIS. I have thought of that, and I have been looking at that today, and I am not sure that it would not cover this case; but it would require these trustees to break up their arrangements for the redemtion of their bills, to take their deposits from the bank where they are now and.lnce them in a sub Treasury.
Mr. FESSENDEN. Why should they not do it?
Mr. HARRIS. It would be no advantage to the Government at all. I thought this amendment would be perhaps judicious, notwithstanding that provision.
Mr. SHERMAN. To require them to deposit the amount of outstaning circulation in the Treasury in order to relieve from tax would be rather burdensome, because the outstanding circulation is really a cumulative property made years and years ago. It would hardly be fair to make them surrender that in order to get the benefit of exemption from tax.
Mr. FESSENDLN. If the Senfrom Ohio thinks the amendment is right, I have no objection.
Mr. SHERMAN. I do not see any particular objection to the amendment, as it is to guard against a harsh construction of law, if the banks have gone entirely out of existen'c'e.
Mr. HARRIS. That is provided for in the amendment. It refers to anks whose charters had expired before the law of 1864 took effect.
Mr. HARRIS. On page 153, 1iue 3572, I move to strike out “ 3 months” and insert “one year;” so that the proviso will read: Provided also, That no claim for drawback 011 articles of merchandise exported prior to June 11 lfilghall be low unless presentedto the ComrIntRev Within oneyour after this amendmenttakeseffect. I will state why I make this motion. I have no objection to the statute of limitntions applying to such a case as this. On the contrary, I approve ofit; but 3 months is too short a time. Those that are entitled to drawbacks in the city of NewYork, where perhaps most of these claims arise, have great trouble in getting them through the customhouse, so as to prepare them to be presented to the Com‘ missioner, and it will perhaps do injustice to limit them to so short a period as 3 months. I am told there are very great delays in the customhouse.
Mr. FESSENDEN. I think the Senator docji not exactly understand the proviso which reas: Provided alao, That no claim for drawback on on articles of merchandiseexported prior to June 3, 18M shall be allowed. unless presented to the ComrIntRev within 3 months after this amendmenttakeseffect. They have alread had 2 years.
Mr. HARRIS. hat is so; and yet I am told that there are claims of this sort coming within the provision of this section which are still pending in the customhouse, and they are not able to present them. I do not want any bod to be injured h it. it
Mr. FESSENDEN. The Senator has probably been informed about it. 2 years is an abundance of time; and this provision is to head off a great evil. There are a parcel of sharks in the cit of NewYork who make it their business to uut up old claims, anything they can make fortunes out of; and when parties have had 2 years allowed thenrfor the absolute presentation of their claims, we want to cut them off after that time, allowing them 3 months more. The people who have them never would think of them; in 90 niuc cases of100they do not know anything about them until they are informed by those who make a living in that way, who are continually hunting up things of this sort. I presume the Senator gets his information from them. We want to cutoff these old claims, giving the parties 3 months more in which to present them, in addition to the 2 years they have already had.
Mr. HARRIS. The Senfrom Maine certainly has no right to indulge in any such presumption as that I get any information from anybody who should be called ashark.
Mr. FESSENDEN. I do not suppose my friend has any affinity with the sharks.
Mr. HARRIS. The Senfrom Maine ought to be assured that I get my information from a gentleman for whom I am willing to vouch on this floor. I understand that there are claims that have been lying for a long while in the customhouse. If this limitation were to be made applicable to the customhouse instead of to the ComrIntRev I would have no objection to it.
Mr. FESSENDEN. All they have to do is to)rescut their claims. They do not have to may 'e them out.
Mr. HARRIS. They cannot present them to the Commissioner until they go through the customhouse.
Mr. FESSENDEN. Yes, sir, they can. There is no dilficulty about it in the world. We give them 3 months to present their claims to the Commissioner, and then they can take all the time that is necessary to make them out.
Mr. HARRIS. I will compromise with the Senfrom Maine and make it 6 months.
Mr. FESSENDEN. I do not think it is a case of comromise.
Mr.HAR IS. I will change my amendment by making it 6 months. The amendment was rejected.
Mr. SPRAGUE. I desire to suggest an amendment on page 163. It is to insert after l“ine 45 of section 11 the free list, flax and the manufactures thereof.” The law now exempts all yarns, twine, and everything made from flax, except when it is made into cloths. The object of the amendment is to exempt from tax cloths made from flax. It may not be known to the Senate, but nevertheless the fact is that there is not a manufactory in the U.S. of linen. Shirt basoms, handkerchicfs, and things of that sort, to the value of 20 or 30 million dollars a year, are imported. It is very well known that Congress, in 1863, exempted from duty flax machinery for 2 purposes: one was to encourage the manufacture of the article in the country, and the other was to create a demand for flax culture, with the idea of varying our productive industry and also our manufacturing. I am told that that maehiuer has now arrived in this country; but clot made from flax being included in the ordinary tax upon manufactured articles, that machinery must remain useless. It cannot be used so as to compete, in the present state of the tariff, with the low prices of goods sent to this country. If, however, they are relieved from this tax it will create an interest equal, as far as it goes, to that of the cotton interest and manufacturing of the country. The Government having encouraged the introduction of the machinery into the country, it seems to me every principle of interest, right, and justice would suggest that when they have received it they should be protected in its operation.
Mr. GRIMES. I suggest to the Senfrom RhdIsland that he insert the word “cloth” in connection with the word “ thread” wherever it occurs. His amendment now go too far, as I understand it. It would exemrei linseed oil, which is one of the manufactures of flux. That, I suppose, he does not intend to exem t.
Mr. SHERMAN. All vegetable oils are placed on the free list by this bill.
Skip Skip The question being put, there were, on a division ayes 11. noes 2; no quorum voting.
Mr. SHERMAN. My impression is that the whole amount of flexmanufactured in this country probably does not amount to $60,000 a year, so far as I have heard of the manufacture. It is not manufactured anywhere but in one or 2 places in Massachusetts. If we had such a manufacture it would consume a production of our soil which is now utterly worthless and thrown out on the manure heaps. It may render that of some value which is now of no value. I feel disposed to favor the amendment. The tax does not yield us any revenue. Mr.“ FESSENDEN. My objection is that we do not know much about it.
Mr. SHERMAN. We know that the flax in the country isXroduced simply for the seed. The oil is presse from the seed, and then the stalk is thrown out and not used at all; it goes to waste and is good for nothing. They are now beginning to use it, and when they use it for twine and rope it is free, but if converted into cloth it is not free. I do not so pose that there are over $50,000 of linen goo s made in this country, as far as I know or have ever heard.
Mr. CHANDLER. The manufacture of cloth from flax yarns is a manufacture we have been trying for years to encourage, and I certainly hope this amendment will be adopted. As the Senfrom Ohio says, the product is very small, but there is a very great desire to eular eit. Of course the importations of flax and the products of flax are very heavy and it is for the interest certainly of this Government to promote the production of the manufactures of flux. Perhaps no country on earth is so well adapted to the raising of flux as this, and there is no reason on earth why we should not manufacture our own articles of that material. I he e the amendment of the Senfrom Rho e Island will prevail.
Mr. VANWINKLE. The Senfrom RhdIsland has already stated flax machinery is exempted from taxation. I find in section 96 of the existing law that “ flax prepared for textile or felting purposes, until actu ally woven, " is also exempt from duty. This shows the spirit in which this subject has been approached, and it is in accordance with the remarks, I believe, of more than one Senator, that in the infancy of the manufacture of linen goods or the woven fabrics from flax it ought to be encouraged. The tax that would be laid upon these goods, it seems, would amount to nothing at tie present time, and as much of our land is adapted to the cultivation of flax, and it is now only cultivated for the purpose of the seed, which is sold and exported from the country, I should be in favor exempting from internal tax the woven fabrics from flax.
The PRESIDING OFFICER, (Mr. HEN nniexs in the chair.) The Chair will put the question a sin on the amendment of the Senfrom RhdIsland.
Mr. SHERMAN. It will now be necessary to move an amendment on page 109, in order to make it conform to the amendment just made. On page 109, line 2479, the word “flax” should be stricken out; and the word “paper” should also be stricken outin line 2481 because that has been otherwise provided or.
Mr. FESSENDEN. This strikes out all the tax on paper.
Mr. SHERMAN. No; the tax on paper is put at 3%.
Mr. FESSENDEN. That is a manufacture of fine paper.
Mr. SHERMAN. No; I think not. All flax that is converted into paper is then taxed 3%. “
Mr. FESSENDEN. But this is on the manufactures thereof.” It goes clear through. It changes the whole bill.
Mr. SHERMAN. It may go. too far in that particular; but I think it would be covered by the 3%. clause. The word “paper, ” at. any rate, ought to be stricken out in line 2481. It is provided for in another amendment.
The PRESIDING OFFICER. Does the Senfrom Ohio propose an amendment?
Mr. SHERMAN. I move to strike out the word “ flax" in page 109, line 2479, and also the word “pa per” in line 2481. They are provided for in another place.
Mr. VANWINKLE. I call the attention of the Senator to the fact that the amendment of the committee introduced the word “printing ” before “paper, ” and only included printing paper and tarred paper in the free list.
Mr. SHERMAN. But by the direction of the committee, I proposed an amendmen. but tiog all other pay or at 3%. 'his clause provides fiir a tax of 5%., and these words ought to be stricken out of it.
Mr. KIRKWOOD. On page 146, line 30 496, I move to insert after the word “ collector" the words “ or dep duty collector.” If this amendment shall succeed, I shall move the same amendment on the next page, and a slight change afterward. The provision is, that in case a party has omitted to aflix the stain required by awtoaninstrument, or a copy 0 an instrument in case the original is lost, he may do so by appearing before the collector and paying a penalty of 50 dollars. On the next page the provision is carried further, and in case the stamp has not been placed on an instrument by reason of accident, mistake, inadvertence, or urgent necessity, the party may go before the collector, and by proving that fact may put the stamp upon the instrument without a penalty. In some of the districts in the State in which I live, it will be exceedingly onerous to go before the collector. A man may have to travel 100 or 150 miles to see the collector of the district; and perhaps it would be so in some of the congressional districts of the State of Maine. I move to insert the words “ or deputy collector, ” so that this may be done before the officer of each county. If this amendment prevails, I shall move to amend the next page in the same way, and also to require the person to pay, in addition to the stamp, a penalty equal to the value of the stamp. I think if these amendments are made the effect will be good. As it now stands, it will certainly be a very serious inconven ience and loss to persons living in large congressional districts.
Mr. FESSENDEN. The ’only question is whether the whole thing shall be put in the hands of the manufacturers at their own will and pleasure and as they make out their expenses of agency and everything ‘else. How much we should get out of the tax with that provision I leave the Senate to judge.
Mr. SPRAGUE. I do not think that is a fair way to treat that subject.
Mr. FESSENDEN. That is the way I look at it, and I think it is fair to state precisely the view I have of it.
Mr. SPRAGUE. I must disagree with the honorable member on this proosition. The amendment was rejecte.
Mr. HARRIS. I desire to call the attention of the committee to the provision in regard to lotteries. on page 58. I do notintend to make any motion about it, but there is an amendment proposed by the committee which I do not comprehend, and to which my attention has been called by a gentleman engaged in that business.
Mr. FESSENDEN. I will explain it in a moment. As it now stands, it is precisely the irovision reported by the committee of the Iouse after great consideration. The only way in which we could get the tax was by making the managers responsible for the payment of the tax. When the bill came to be engrossed the provision was not there, but there was another instead of it. The ComFinance struck that out and put back the origi nal provision. h
Mr. HARRIS. I understand there are but 2 States in the Union in which lotteries are allowed.
Mr. FESSENDEN. This provision is simply to guard against fraud and to secure the pay ment of' the tax.Mr. HARRIS. I am satisfied.
Mr. ANTHONY. I wish to offer an amendment, to insert on page 135, after line 3113, the following: Provided, That the list of incomesin the officesof the assessorand collectorshall be open to the inspection of the public; but neither the assessornor the collectorshall furnish such list or anyportion thereof for publication, nor permitthe same to becopiedfor publication. I hope the committee will not object to this amendment. The exposure of the lists in the offices of the assessor and collector is sufficient for all purposes of preventing frauds; and it seems utterly unnecessary to parade in the papers a list of every man’s income. It is not done in England where they have the income tax, and I do not believe it is necessary here. It is very annoying; it is the most odious feat ure of that tax.
Mr. SHERMAN. One of the best writers on the subject of English taxation, though, recommends that it should be done.
Mr. ANTHONY. But his views do not prevail with the Government.
Mr. SHERMAN. It is not done in England because they are controlled very much by an aristocracy. It seems to me in the interest of the revenue the publication of the income returns is the most eflicient means of attaining certainty. I know how the 1st law operated. The 1st law did not require these lists to be published, and it got abroad in various communities. I know in the State of Ohio that such and such persons gave such an income return when it was known that their expend iture was much more than their reported income. It had an effect upon their credit. Finally the lists were publish ed, and agrent sensation was created. The result was that in some communities the incomes of many men were doubled over the previous year, and the general result was to get double the previous year’s amount. I have no doubt that in nearly every communitythe neighborsofamaa have some general idea of his income, and if he does not give it nearly right or approaching what is right they have some means of detectring it. If it: is confined simply to the books of the assessor and collector, and it is not published, no one desires to go and examine the lists and publish his neighbor’s income return. It is an invidious task, and therefore it is not likely to be ublished. No great harm is done by income ists being published, and then the community at large generally pass judgment upon the accuracy of the returns. this a great assistance to the assessor and collector. I see myself in this country no practical objection to it. I hope, therefore, this amendment will not be agreed to. The amendment was rejected.
Mr. SPRAGUE. I have another amendment to propose, but I will let the bill get into the Senate if that is desired.
Mr. FESSENDEN. I should like to have it get into the Senate. The bill was reported to the Senate as amended.
The PRESIDING OFFICER. The vote will be taken on all the amendments together, unless in cases where a separate vote is asked for.
Mr. SPRAGUE. I should like to except from the general vote the amendments on page 116striking out the words“ foreign exchange.”
Mr. SHERMAN. I desire to have the amendment on page 185, relative to extendin the time for the operation of the tax on State ank cir culation, excepted, as I wish to move an amendment to it.
Mr. EDMUNDS. I desire to reserve the amendment on page 2, reducing the tax on cotton from 5 to 2 cents perpound.
Skip Skip The question being put on concurring in the amendments made as in ComWhole, with the exception of those reserved for a separate vote, it was decided in the aflirni ative.
Mr. FESSENDEN. Before acting on the other amendments, I wish to make a couple ot'slightchan es. On page 188, section [ 30 ] 28, movetostrike out in line 27 “ComrIntRev” and insert “ SecyTreasury.”
Mr. FESSENDEN. After the word “col lector, ” in line 29 of the same section, I move to insert “ with the approval of the SecyTreasury.”
The PRESIDING OFFICER. The amendment excepted at the suggestion of the Senfrom Ohio [Mr. SHERMAN] will now be read.
The Secretary read the amendment, which was to add to t ie 10th section of the bill the following clause: That section 6 of the act of Mnrch 3.1865, entitled "An act toamendan notentitled ‘An act to provide internalrevenue to support the Government. to [myintereston the public debt and for other purposes.’upprovedJune 30.1864, "beamendedbystrik ipgont all after the eriactin clauseand insertingin lieu thereof the followmg: that ovcrynational banking.HSSOL‘HHIOSHt, ate bank, or State banking asso ciation shall paya tax often orrent. on the amount of no tes oafny icrson.State ask or Statebanking association, use forcirculation and paid out b them after the Ist day of July.1867 and such tax shall be assessedand paid in such manner as shall be prescribedby the ComrIntRev.
Mr. FESSENDEN. That has nothing to do with this.
Mr. SHERMAN. Except this: we have assessed that upon national banks, not.upon State banks.
Mr. FESSENDEN. Only upon the national banks that continue to issue their old paper in connection with their new paper. That is a very different thing, they having a double cir culation.
Mr. SHERMAN. Where State banks have gone into the national bank system, we provide that upon the amount of their old circulation we will tax them 3%. over and above the tax imposed upon all other banks; but we make no such provision in regard to State banks that have refused to go into the national banking s 'stem. It seems to me that as tesection we now propose to modify has been on the statute book more than a year, as all these banks knew of it and are prepared to meet the burden of that legislation, we ought not to change it. Iam therefore in favor of letting the law remain as it is; but as I prefer the language of the amendment. better than the language of the old law, because it enables the ComrIntRev to prescribe the mode and manner of as sessing the tax, I will simply move to strike out the word ‘7 ” and to insert “six, ” so as to leave the provision stand as it is now, taking effect on tie 1st of July next.
Mr. EDMUNDS. I move to amend the amendment of the Senfrom Ohio by substituting therefor
Mr. FESSENDEN. You cannot do that; his is an amendment to an amendment. Mr. EDMUNDS. I see. I was about to “pose an amendment as a middle ground which a peared to me to be just between the views of the Senfrom Ohio and the views of the Senfrom Maine. I will state the purpose of m amendment, as it may possibly have some e set on the minds of Senators in voting upon the amendment of the Senfrom Ohio, as I perceive that my amendment is not at this moment in order. Ifthe amendment of the committee, as it nowstands, is left, it gives State banksan advantage over national banks, by an excessive circulation. For in stance, in the State of Vermont by law State banks are authorized to circulate their notesto l twice the amount of their capital; andin other States they are authorized to circulate proba bly the full amount of their capital. possibly in some States more. Now, by act of conress, national banks arein no instance authorized to circulate in excess of 90%. of their capital, and in some instances a much less% a e.
Mr. FESSENDEN. But they get 6%. on their capital out of the Government, which the other banks do not.
Mr. EDMUNDS. The other banks do in the same wa, for the reason that every bank in my State ms the whole or nearly the whole of its capital invested in U.S. bonds, and they draw their interestu on them, and do their banking business on what among private persons would be regarded as a kin of kiting. It is perfectly sa e, however, because they are secured; but ifthere should be a run upon them they would have to realize and sell their bonds. As it is, every bank invests in Government securities, and then the bank is sues its own circulation and keeps it running round and round. It is no reproach to them, because the law allows it, and it is just as safe because their loans are secure. Therefore it is that this bill, as it now stands, makes an unjust discrimination in' favor of the old State banks, and against the ver banks that are organized under the nationn statute. I think there is great force in what the Senfrom Maine has said as to the necessity for a larger circulation in some sections of the country than would exist without these State banks. To meet that, I propose to tax the excess of their circulation above their capital or above 90%. of it, with 10%. now; but to all State banks that are willing to come down to a national basis of 90% or below, I am willin to grant an extension.
Mr. FESSENDEEN. I wish the Senator would allow that to go over.
Mr. FESSENDEN. The State of Vermont, where the banks are of which the Senator speaks, will undoubtedly be represented in the committee of conference, and that can be suggested then as a basis of action.
Mr. CHANDLER. I hope the amendment of the Senfrom Ohio Will prevail. When this tax was originally provided for I urgently advocated making it commence on the 1st of July, 1865. I think it was a mistake that it was not made to take effect on the let of July, 1866. Our object then was to compel State banks to drop into the national organization; and had we ado ted that provision then, every State bankwoulg have organized at once under the national system; but they stood out in my State and finally came in reluctantly. They fought as long as they could fiht, and at last gave way and organized under tenational sys tem. I regret that this tax was not made operative on the 1st of July, 1865; butas itwasthen fixed at 1800, and salt has been understood up to this time that it would take effect on the 1st of July, 1866, I hope the amendment of the Senfrom Ohio will prevail, and that we shall make it operative at the time then fixed. banking organization, for they have now had a yearand a half notice, and if they are not prepared it is their own fault; they ought to be preared. h
Mr. SHERMAN. The proposition made by the Senfrom Vermont will not answer, because this is not a tax upon the bank; it is a tax upon the circulation of the bank paid out after the 1st of Jul next. If the bank would simply draw in an retain its circulation it would not be subject to any tax. This is only a tax on what is paid out after the lat of July. That is the on] effect of it.
Mr. EDMUNDS. y oint is exactly that it is a tax, as the Senfrom Ohio says, upon the circulation paid out after the 1st of July; but if you leave it as the bill now stands, a bank in my State for every 100,000 dollars of capital can pay out $200,000 in cur It certainly cannot be a hardship on any State, rency, and therefore it has an unjust advantage over a national bank; but I think, in order to relieve the people and let these State banks run awhile, that it would be just to put them down to the national basis of 90%., and then let them run to the next session. With that it would accomplish much of the object the Senfrom Ohio has in view.
Mr. SHERMAN. The all understood the law would take effect on the Ist of July. The amendment of Mr. SHERMAN was agreed to ayes 15, noes not counted.
Mr. SHERMAN. With the consent of the Senatevl propose to strike out “July” and insert “August, ” [“ No objection, ”] as the rest of the bill takes effect on that day.
The PRESIDING OFFICER. The question now is on concurrin' in the amendment made as in Committee oft e Whole as amended. The amendment, as amended, was concurred in.
The PRESIDING OFFICER. The next excepted amendment will be read.
The Secretary read the next excepted amendment, which was on page 116, in lines 20 643 and 2650, to strike out “foreign exchange.” I
Mr. FESSENDEN. There is agood deal of force in what the Senator says; but I submit to him that if these words he not struck out now, there will be no way ofamendi the clause, if found to be wrong. Some memers of the House committee think it was wrong to insert these words; that they ought to be out. I think the Senator had betterleave the amendment in, and we can consider it in the committee of confhrence. I am very much inclined to agree in his views on the Subject; but still I do not like to tie my hands in case it shall be found that foreign exchange ought to be excluded. There are some arguments that might be used in favor of it. I would rather, therefore, that the clans remain as we have amended it, in order to give us a chance to reconsider it, which we cannot have if there is no concurrence in the committee's amendment. The amendment was concurred in.
The PRESIDING OFFICER. The remaining excepted amendment will be read.
The Secretary read the amendment. which was in section one, line 12, to strike out “5” and insert “ two;” so as to make the tax on cotton 2 cents perpound.
Mr. EDMUNDS. I move to amend the amendment of the committee by striking out “two” and inserting “ 3.” I think that 5 cents is too high under all the circumstances, and I think that 2 cents is decidedly too low upon cotton, considering the fact that much of it will be received from foreign nations, and that it discriminates too much in favor of cotton against wool. I hope, therefore, that the Senate will agree to the amendment which I propose to the committee’s amendment, making it 3 instead of 2 cents.
Mr. IWILLIAMS. I was inclined to vote for 3 cents in committee. but upon examination and more mature reflection I am satisfied in my own mind that 2 cents is as much a tax as ought to be levied upon cotton. I shall vote now for the 2 cents as it has been reported by the committee.
Mr. EDMUNDS. I ask for the eas and na 5 on the amendment to the amendment. The eas&nays were ordered.
Mr. SPRAGUE. I move that the Senate adjourn.
Mr. FESSENDEN. Oh, no; let us finish the bill. I
Mr. SPRAGUE. This is too important a subject
Mr. FESSENDEN. I hope we shall not adjourn. Let us pass the bill. We have got nearly through the amendments. The motion to adjourn was not agreed to. The question being taken b yeas&nays on the amendment of Mr. ‘mwxns to the amendment of the ComFinance, resulted yeas 6, nays 20; 28. So the amendment to the amendment was rejected., The amendment made as in ComWhole was concurred in.
Mr. HENDERSON. I move to strike out the 6th section of the bill on page 6. It provides for a drawback on cotton fabrics, all owing no drawback on the raw material. If raw cotton can be shipped to foreign orts, and can comete in foreign markets With foreign cotton, cannot for my life see the necessity of allowing a drawback upon the manufactured article. If there is any reason for it, I am sure I am not hostile to the manufacturers of cotton.
Mr. FESSENDEN. I will state to the senator that a small export goes on of coarse fab rics. We do not export anything except mere coarse fabrics. They come in cometition with coarse manufactures made abroa from Surat cotton. It is a comparatively small item of our exports I do not know how many millions. Perhaps the Senfrom Ohio recollects it better than I.
Mr. SHERMAN. The last 3 or 4 years it does not amount to anything. It used to amount to something.
Mr. FESSENDEN. It is trifling. There is a tax alread on the machinery, on the manufacture, on t ie income derived, and everything of that description. If you refuse to allow a drawback it puts an endentirely to any chance of exporting these coarser fabrics, for they can notbeome in competition in foreign markets Wit
Mr. FESSENDEN. From Surat cotton. They can hardly compete with Surat cotton now. That is the simple state of the case. It is a small matter in amount, comparatively, but it adds something to our exports, is of value to the country, and it is entirely destroyed unless adrawback is given. Ever since the duties were at on a drawback of the same amount has been allowed. As it is they lose about 15%. in the export.
Mr. HENDERSON. Let me ask the Son ator, then, ifhe has objection to an amendment. It now reads, that on articles “manufactured exclusively from cotton and exported" there shall be allowed as a drawback an amo'unt equal to the tax. Has be any objection to saying articles “manufactured exclusively from cotton imported from foreign countries?"
Mr. FESSENDEN. Of course, for then we should gain nothing. I say iteomes in competition abroad with coarse cotton manufactures made from Surat cotton, and some in our own markets; but the very object is to enable those who manufacture it to export it, and that the country shall have the benefit of the export in the competition in foreign markets. It addsjust so mac 1 to our exports; but if there is no drawback allowed there is an end of it; we cannot export it at all. The section is unquestionably right as it stands. The House agreed to it almost without a division. The thing is understood. I hope the Senator will not insist on his amendment.
Mr. HENDERSON. Iwill not insist if I can understand it. The Senator is generally very clear in his statements, but for my life I cannot understand it:. That upon articles manufactured exclusircly from cotton. when exported.there shall be allowed as a, drawbrack an amount equal to thcinternnl tax which shall have beenassessedand paid upon such articles in their finished condition and in addition theretoa drawback or allowanceof as many cents perpound upon the pound ofcotton cloth. yurn, thrcad or knit fabrics. manufactured exclusively from cotton and exported.as shall have beenassessedand paid in the form of an internal tax uponthe raw cottonentering into the manufactureof said cloth or other article.
Mr. HENDERSON. Do I understand that our cottons, upon which an internalrevenue tax has been levied of 2 cents a pound when manufactured here, come into competition in foreign markets with goods made lrom Surat cotton? I thought ours were the very best cottons upon the earth.
Mr. FESSENDEN. All we can export is coarse cottons; we cannot come into competition with others, although I should like to see it grow u. If it could be it would be very much fort e interest of the country; the larger the better, for we should have so much larger exports. It takes very little from the internalrevenue.
Mr. HENDERSON. It may be right, but it strikes me that it is simply this: it is laying the foundation for the very thing which I made objection to this morning; it is that you may enable Congress to tax, constitutionally as it is claimed, an article in the raw state, but as soon as it gets into a manufactured condition, when it is exported, the tax that was paid upon the raw material is aid back.
Mr. FESSENDEN. Certainly that is the drawback.
Mr. HENDERSON. If that thing can be tolerated constitutionally, I do not understand the Constitution.
Mr. NDERSON. I know it has been tol erated, but never before this war commenced.
Mr. FESSENDEN. Because we had not occasion to lay an internal tax before.
Mr. HENDERSON. Yes, we have laid What are they man It has been tolerated internal taxes again and again, but we never laid an internal tax on an agricultural production before. There is the difficulty.
Mr. FESSENDEN. I.do not feel disposed to argue that question. The Senator stated his views at length and the Senate was decidedly against him, as he is aware. It is hardly worth while to rearguc it now.
Mr. HENDERSON. The Senate was decidedly against me in regard to the tax on cotton. Now I want to know if the Senate is decidedly against me on the subject of allowing a drawback to the manufacturer of a tax which 'was paid by the planter on the manufactured article when be exorts it.
Mr. FESSENDEN. The purchaser pays tb tax.
Mr. HENDERSON. It is taking the tax from one man and giving the drawback to another. Why not allow the planter to get his drawback when he exports the article?
Mr. FESSENDEN. The planter does not pay the tax under this bill. Each district is a onded warehouse.
Mr. HENDERSON. Somebody paysit, but nobody who exports it in the raw is allowed a drawback under this bill.
Mr. FESSENDEN. Of course not; the drawback is on the manufactured article.
Mr. HENDERSON. It is a bonus to the manufacturer. The amendment was rejected.
Mr. SPRAGUE. I desire now to offer an amendment to come in after the word “ dollars, ” in line 2664, the object of which is to determine the value of bills of exchange and credits in coin, for the purpose of taxation and stamp duties. I wish the Senfrom Maine Would agree to this amendment and let the matter go to the committee ofconferenee, tobe finally arranged.
The Secretary read the amendment. which was to insert after the word “dollars.” in line 2664, the following words: For the purpose of the tax on sal s andstamptax. gold andsilver bullion and coin shn I be taken at the facevalue thereof, increasedby the price of gold at the dateofsalc: and bills of exchange and lettersof credit shall beratedatfive dollars perpound sterling. Increased by the price of gold at the dateof the issue of such bill of enhance or letter oferedit.
Mr. FESSENDEN. It is crfectly imprac ticablefland cannot be carri into execution, in m ju ent. Thyejamgctsdmenwt as rejected.
Mr. SPRAGUE I desire to submit one other amendment. On page 135. I desire to amend the amendment of the committee in relation to the income tax by inserting after line 3113 the following: And in additiontheretoa tax equal to the tax herotoforelevied on the gains and profits and income of other citizens during such times as theymay have carried on said business. It will be rather an astonishmenttothe people of the country to learn that persons owing allegiance to foreign GOVGI‘RHIGHLS‘WHOhave for the past 3 years transacted business in this country have been exempt from tax on their income. All foreigners, as I understand, who have been engaged in any business in this country, and who have acquired an income, have been exempt from income tax ever since the this amendment is that they shall y a income tax law was passed. The design equal to the tax that the citizens of the U.S. have paid during that time.
Mr. FESSENDEN. The amendment now offered by the Senfrom RhdIsland is wrong in principle. It is to make up defects of our former tax bills, where people have been exempted, because we did not so frame our bills as to catch them; to go back and collect taxes on them for 3 or 4 years vast when they were not liable to tax by any aw. The amendment was rejected. 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 REFERRED. The bill (H.R.No. 708) for the will? of Dr. Edward Jarvis, and, the bill (H.R. o. 711) or the relief of James Fitzgibhon, were severally read twice by their titles and referred to the ComClaims.
Mr. WILSON. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Moron, June, 25, 1866. The House met at 12 o'clock in. Prayer by the Chaplain, Rev. C. B. Born row. The Journal of Saturday was read and approved.
The Speaker stated as the 1st business in order the calling of committees for reports to go upon the Calendar and not to be brought back into the House on a motion to reconsider, commencing with the ComElections. TARIFF BILL.
Mr. MORRILL, from the ComWays&Means, reportedabill to provide increased revenue from imports, an for other purposes; which was read a 1st and 2nd time, ordered to be printed, referred to the ComWhole on the state of the Union, and made the special order for Thursday next after the morning hour, and from day to day thereafter until disposed of. The call of committees having been concluded, the Speaker stated as the next business in order the calling of the States and Territories for resolutions in the inverse order, commencing with the State of Vermont where the call rested on last Monday. PAY of CLERKB.
Mr. WOODBRIDGE offered the following resolution, and demanded the previous question thereon: Resolved.That the compensation of the tile. printing. petition. stationery and principal engrossing clerks be madeequal to that of the asstdisburs in'r clerk and that John M. Barclay Journal clcrk. receive a like increase of compensationwith that of asst disbursing clerk under the rosolutionoi tho lInnse uf the 18thinstant; said increaseof compensatinn to commenceat the same time provided in said resolution.
Mr. WASHBURNE, of Illinois. I will ask the gentleman to agree to an amendment. I think he will do it. Instead of havin the increase of these salaries peretual I think we should confine all of them, if we vote an increase at all, to the present Congress. I am opposed to the whole thing, but if the resolution is going to pass I want it to pass with that limitation. Iask the gentleman to accept this amendment, “provided that the increase of sal aries made at this session shall not extend beyond the present Congress.” Let the next Congress do as it pleases.
Mr. ROLLINS. Will the gentleman with draw the previous question 'I.
Mr. WOODBRIDGE. Isuggest to the Gentfrom Illinois [Mr. wASHHI'RNE] that it may be modified by adding the words “until otherwise ordered."
Mr. wASHBURNE, of Illinois. I appeal to the Genfrom Vermont to accept the amendment I suggested.
Mr. WOODBRIDGE was understood to give his assent.
Mr. WASHBURNE, of Illinois. The Gentfrom Vermont accepts it so that the increase shall extend only to the 39th Congress.
Mr. ROLLINS. I hope the previous question will not be sustained.
Mr. HALE. I would inquire ifitis in order to make a reference of this resolution to the Committee of Accounts.
The Speaker. Not pending the previous question.
Mr. HALE. Will itbeif the previous question is not 2nded?
The SPEAKER. Any motion will then be in order.
Mr. BOUTWELL. I move to lay the resolution on the table, and on that I demand the yeas&nays. The yeas&nays were not ordered. The question being taken on layiii the resolution on the table. no quorum voted. Tellers were ordered, and the Speaker appointed Messrs. wooiiiiiunoi: and BOUTWEI.L.
Skip Skip The House divided; and the tellers reported ayes 13, noes 79.
The Speaker voted in the negative to make a uorum; so the motion was not agreed to. he question recurred upon 2nding the demand for the previous question.
Mr. ROLLlNS. Will the Gentfrom Vermont yield to me for a question?
Mr. ROLLINS. I desire only to ask the gentleman if he knows what the pay of these officers is now.
Mr. WOODBRIDGE. I decline to yield. The question was put upon 2nding the demand for the previous question, and there were ayes 71, noes 23. So
Skip Skip The previous question was 2nded. The main question was then ordered, being upon agreeing to the resolution. The resolution, as modified, was read, as follows: Resolved.Thatthe compensation of the file.printing. petition. stationery and principal engrossingclerks. (I.Strohin.A.J.Lamenandlfi. o wan.)bemadeeno] to that of the asst disbursing clgrk; and that John M. Barclay. Journal clerk. receive H:like increaseof compensationyith that of said disbursing clerk under the resolution of the House of the 18th instant; said increaseof compensationto commence at the same time provided in said resolution: Prom'ded.That the salaries of all odieersof the House increased at the present session shall not extend beyond the 1st session of the next Congress.
Mr. LAWRENCE, of Ohio, demanded the yeas&nays on the resolution. The eas&nays were ordered.
Mr. tOLLINS. Is it in order for me to ask a question?
The SPEAKER. The Gentfrom Vermont declines to yield, an the House is acting under the previous question.
Skip Skip The question was taken on agreeing to the resolution; and it was decided in the affirmative yeas 88, nays 21, not voting 73;. So the resolution was agreed to. Before the result of the vote was announced, Mr. WOODBRIDGE said: From what has been stated to me by one of the clerks. it a ears that there may be some misunderstand)ing as to the amendment of the Gentfrom Illinois which I accepted. I accepted an amendment that this resolution should not apply after the present Congress, but I did not accept an amendment that cases in which the amount of pay had been already established by the House should be affected by the amendment.
Mr. wASHBURNE, of Illinois. I stated distinctly in offering my amendment that [did not see any reason wh the salaries of those which had been already increased should remain in tact while the salaries of those proposed now to be increased should only be increased for this Congress.
The Speaker. The Chair will state the situation of the resolution as he understands it. After the Gentfrom Vermont introduced the resolution and demanded the previous question upon it, the Gentfrom Illinois suggested a modification, which was accepted by the Gentfrom Vermont. After it had been reduced to writing and reported to the House, the Gentfrom Illinois stated that it did not cover all that he intended that it should cover; that he intended to cover the increase of pay of all the clerical force, and the Gentfrom Vermont did not dissent from that construction.
Mr. WOODBRIDGE. If Ihad understood, Iit should certainly have dissented from it. I had no intention of making the resolution a)ply to those whose salaries had been increase by a vote of the House.
The Speaker. The House has already voted on the resolution and has decided upon it. If the Gentfrom Vermont states that he misunderstood the matter and desires another roll call, that can only be done by unan imous consent.
The Speaker. The Gentfrom Illinois stated distinctly that iis modification was intended to cover the cases of all those whose salaries had been increased and the Gentfrom Vermont did not object to it at the time.
Mr. WOODBRIDGE. I merely wish to say that if]. had understood the gentleman to have proposed any such amendment I should have disagreed to it. I do not want now to compli cate the matter, and I suppose the best thing I can do is to let it go. The result of the vote having been announced as above recorded, Mr. WOODBRIDGE mtRtv the resolution was adopted; upon the table. agreed to. HOUSE LIBRARIAN.
Mr. BLAINE. There have been a great many salaries increased of gentlemen who have hitherto been paid very respoctably. I now offer a resolution, upon which I call the previous question, to increase the salary of a man who now receives but 3 dollars a day, although he is one of the most faithful and attentive officers of the House. I olfer the following resolution, and call the previous question: Resolved.That the salary of Paul Stevens.libra rian in chargeof the Hall library. be fixed at 31.500, beginningwith the present congress.
Skip Skip The previous question was 2nded. The question was then taken fXiPOIl ordering the main question; and upon a ivision there were ayes 25, noes not counted. So the main question was ordered. The resolution was then agreed to.
Mr. BLAINE mtRtv the resolution was agreed to; on the table. agreed to.
Mr. WOODBRIDGE. I ask upanimous consent to offer the following resolution: ResolvedThat. iinlil nlllcririse ordered the Clerk of the House of Ilcpi t‘senatives be directed to pay the clerks and ninployiis of the same.receivingsal aries of81 200or lcs. a sum qquiil to 25%. additional compensation upon the amount which was received by said employee.to date from the commenccment of the 39th Congress: provided. That the extra 25% shall be paid only during the present Congress.
Mr. ROLLINS. I object to the resolution.
Mr. WOODBRIDGE subsequently said: I understand that the Gentfrom NewHampshire [Mr. Romans] withdraws his objection to the resolution.Mr. ROLLINS. I will withdraw my objection to the consideration of the resolution at this time if I am allowed to say a word or 2 in explanation of my objection to the passage of the resolution.
Mr. WOODBRIDGE. I have no objection to the gentleman’s making his explanation, though I think the resolution will commend itsel to everybody.
Mr. ROLLINS. I have opposed all these resolutions for the reason that I believe it to be a bad policy to increase the pay of the cm loyes of ptbis House in the manner in which t has been done, without any sort of inquiry whatever. There is a standing Committee of Accbunts on the part of this House whose business it is to take all these matters into consid oration. Now, I object to the manner in which these things are being done, because great injustice is often done, and in my opinion great injustice will be done by the passage of this resolution. I think this resolution should be referred to the Committee of Accounts, for them to thoroughly inquire into the matter. I am not oppose to the politiy of increasingsal nries, for think the pay 0 many of our employees should be increased; butI think the increase should be made after a full and complete examination.
Mr. O’NEILL. I have no doubt it is very important for the Committee of Accounts to have knowledge of these matters. Butif I am not mistaken that same committee the other day reported in favor of an additional clerk in the offiJce of the Ser eant at Arms without the House having calle for or recommended any such thing. Mr. ROLLINS. The gentleman is mistaken. A resolution makimr that recommendation was introduced into the House, referred to the Committee of Accounts, and reported back to this House unanimously by the committee.
Mr. WARD I beg leave to correct my colleague on the Committee of Accounts, [Mr. Romans] I have never given my consent in any way to increasing salaries or employees whether in committee or out.
Mr. ROLLINS. The gentleman may not have been present when the committee acted upon that subject. But that is a matter of no importance in this connection. Iy objection to this whole thing is that it is doing it without a fair and proper examination of the matter. I think there are some eiii loyes of this House whose salaries should e increased; hut there are also others whose sala ries should not be increased. But this resolution proposes an indiscriminate increase of the whole, without any inquiry whatever, the increase to date back to the commencement of this session. I am satisfied that if the Gentfrom Vermont [Mr. Wooonniuun] was familiar with this whole matter, he would be the last man to introduce the resolutions he has introduced into this House, and which he now urges the House to pass. The resolution is proper enough, perhaps, so far asit applies to some of the employees of the House; Ibut it is improper so far as it applies to others. I be e that even at this late pay the House will take a position upon this subject which is right and proor; and allow all these matters to be inquiret into by the proper committee before action is taken upon them. And if it is in order, I will movet at the resolution be referred to the Committee of Accounts.
Mr. WOODBRIDGE. The Gentfrom NewHampshire [Mr. Romans only does me justice when he says that if I knew this to be an improper resolution I would not introduce it. I deem it to be absolutely and essentially R int and proper resolution toward a class of employees who are now receiving salaries entirely inadequate to their support. Now, this resolution does what? It simply makes all the doorkeepers receive the like pay and compensation. Some of them receive new $1, 600 a year, others receive $1, 200 a year. The $1, 200 men, to my knowledge, are as efficient as the $1,500 men. If the resolution I have offered shall be adopted it will make them all $1, 600 men. And in order to make no distinction between them and other employes who receive less than $1, 200, the resolution provides that all employes who receive less than $1, 200 shall have this increase of pay. I believe it is due to these eniployes that we should pay them enough to support them. I do nott ink it is true economy for the Government to pay so low salaries that they cannot obtain the services of men entirely competent to perform the duties of their offices. I believe this to he a just resolution just to these officers, and not an extravagant one by any means. I hope that the resolution will be adopted. I demand the previous question.
Mr. WARD. I would like to make a su gestion to the Gentfrom Vermont. 0 says that some of the doorkecpers get $1,500 while others get $1, 200, and he wants to equalize the pay. Now, I am in favor of equalization; but I Would suggest to the gentleman that the best means of accomplishing this is to make the salaries of all of the m $1,200.
Mr. WOODBRIDGE. I am very much obli ed to the gentleman for his suggestion; butI prefer to equalize up instead of equalizing down. I insist on the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The question being taken on the motion of Mr. Romans to refer the resolution to the ComAccounts, there were ayes 40, noes 53. Mr. ROLLINS. I call for the yeas&nays. The yeas&nays were not ordered. Mr. ROLLINS. I call for tellers on ordering the yeas&nays. fellers were not ordered. So the resolution was not referred to the ComAccounts. The question recurred on the adoption of the resolution. Mr. BALDWIN. I call for the yeas and as s. The yeas&nays were ordered.
Mr. SPALDING. I suggest that this resolution ought to include the Chaplain of the house.
The Speaker. The resolution cannot be modified now except by unanimous consent, as the House is acting under the operation of the previous question.
Mr. LeBlOND. I must object to increasing the pay of the Chaplain. 1i
Mr. LeBlOND. Because he has done nothing but pray abolitionism during the whole session.
The SPEAKER. Debate is not in order. The Chair will state, however, that, as he thinks, the terms of the resolution include the Chaplain, whose salary is less than $1,200.
Skip Skip The question was taken; and it was deter mined in the affirmative yeas 76, nays 29, not voting 77; So the resolution was adopted. During the roll call the following announcements were made: Mr. GRINNELL. My colleague, Mr. HUB BARD, has been called away by indisposition. Mr. WOODBRIDGE. My colleague, Mr. Bursa, is confined to his bed by sickness. Mr. LeBlOND. When my name 'was called, I voted under a miss prehension. I now understand that this resolution embraces the Chaplain. I therefore change my vote from (Kay?! line HI
Mr. McKEE. Because the resolution embraces the Chaplain, I change my vote from “no” to “ay.” Laughter?
Skip Skip The result of the vote was announced as above stated. Mr. WOODBRIDGE mtRtv the resolution was adopted; on the table. agreed to. PERSONAL SECURITY IN SOUTHERN STATES.
The Speaker. The morning hour has expired, and the preamble and resolution will go over until Monday next. MONUMENT SFOR NATIONAL CEMETERIES.
Mr. WASHBURNE, of Illinois, by unanimous consent, introduced a bill to provide suitable monuments for national cemeteries; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComMilAffrs, with leave to report at any time. PACIFIC RAILROAD.
Mr. STEVENS. Mr. Speaker, I wish to make a personal explanation as well as an appeal to the House. Some days ago action was had in reference to Senate bill No. 817, to amend an act entitled “An act to amend an act entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July 1, 1862, ” approved July 2, 1864.
The Speaker. Is there objection to the gentleman making a personal explanation? There was no objection.
Mr. STEVENS. Those interested in that bill came here and asked me to take charge ofit, and when it came here to let it lie upon the Speak er’s table and not to let it be sent to a committee, and I agreed to do so. I remained in the House until within a few minutes to 4 o'clock p. m. I was unwell, and became fee ble. The call ceased, and I asked the Speaker wheqlier he thought the call of any more bills wou d take place, and he told me he thoughtit would stop where it was. I went to the committee room and got my hat and was about to 0 home when the call was renewed. I came in just at what I supposed to be the call of the Kansas bill, and I asked that it lie upon the Speaker’s table, as I had promised to those who asked me to take charge of it. There was no objection, and I went home. I found, next morning, instead of bill No. 317, another bill was allowed to remain upon the Speaker’s table, and bill No. 317 was referred tot e ComPacificRR. I asked that the Journal should be corrected. It was my fault, and not that of those interested in the bill, it was placed in that condition. It was not from any negligence on my part, but on account of sickness I was obliged to leave at the time I did; but, sir, it was objected to my correctin the Journal in that way. I have waited til now to move a suspension of the rules, if necessary. I ask, 1st, by unanimous consent, that Senate bill No. 317, to amend an not entitled “ An act to amend an act entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, Military, and other purposes, approved July 1, 1862, ” approved July 2, 1864, e placed back upon the penker’stable. It can remain there, subject to the disposition of the House. I do not want my mistake to prejudice gentlemen who have an interest in the bill. I hope there will be no objection.
Mr. STEVENS. Mr. Speaker, I was not going to discuss the merits of the question.
Mr. WENTWORTH. Let me finish my remarks, and then I will yield with great pleas ure to my friendfrom Pennsylvania. Well, now, Mr. Speaker, we have been passing a great many of these railroad bills this session, and no member of this House knows when called upon by his constituents what they have been doing. And now you ask me to let a great railroad grant lie on our table where in 5 minutes it can be disposed of under the previous question. I never will consent to that. The bill is now referred to a committee of which my friendfrom Pennsylvania [ML Srzvaxs] is a member, and of which the Gentfrom Iowa [Mu PRICE] is a member. I do not know who the other members of the committee are, but the bill is in the committee now, and what I propose is, thatit shall remain in that committee, where every member of the House and every man in the country shall have the privilege of goin before the committee and discussing it, an thus all sides of the question can be heard. I want only fair play.
The Speaker. The Chair understands the Gentfrom Illinois to object.
Mr. WENTWORTH. I do not object to the gentleman’s speaking, but I object to his motion.
The Speaker. Then the gentleman’s object can only be reached by a suspension of the rules.
Mr. STEVENS. I do not propose to refer to the merits of the bill. I have stated the reason why those interested in the bill were deprived of what they desired. It was a mistake on my part, and I simply ask that the bill be placed where it was, simply leaving it on the Speaker’s table, subject to all the action it would have been subject to but for my mistake. As objection is made, I move a suspension of the rules so as to allow the bill to remain upon the Speaker’s table.
Skip Skip The question was put; and there were ayes 74, noes 36. Mr. ALLISON demanded the yeas and uays. The yeas&nays were ordered. Mr. PRICE. 1 ask unanimous consent to spe k 5 minuteS.R.STEVENS. I object.
Skip Skip The question was taken; and there wereyeas 83, nays 38, not voting 61;. So (2/3rds voting in favor thereof) the rules were suspended, and the ComPacificRR was discharged from the further consideration of the bill, and the same was transferred to the Speaker’s table.
Mr. STEVENS. I Wish to say that there is no disposition to take any advantage of the fact of the bill beingwliere it now is. I do not propose to call it up today. I propose to let it remain where it now is until gentlemen shall have had a chance to examine it. CONTESTED ELECTION BOYD VERSUS KELSO.
Mr. UPSON. I rise to a privileged question. I am instructed by the Committee of Llect ons to make a report in the contested election case of Boyd vs. Kelso, accompanied by u resolution. I do not propose to ask for action on the resolution at this time, but will call it up at some future day. I move that the report and resolution be printed and laid upon the table. The resolution is as follows: Resolved.That Jous R. Knase is his seat in this Ilouse as a Represntinttleadtivtoeretain in the 39th Congressfrom the4th congressional district of Missouri. The report was laid on the table and ordered to be printed. DOiiENca ATWATER.
Mr. SCHENCK. I think in order to relieve other officers in this cit, the Gentfrom NewYork should give t. e name of the officer to whom he refers.
Mr. HALE. I do not know whether I ought tomention his name now. When the matter comes before the committee it will then be made public, and that, I trust, will be sufficient for all practical purposes, both for the officer in question and others. One word in conclusion. Without assumin to prejudge this case, it strikes me it is of al cases a most preper one for thorough and searching investigation; and if it shall prove true that any officer of the Army, high or low, distinguished or ignoble, has dared to put himself in the position that I a prehcnd and have reason to believe this man ffas done, has dared to place himself athwart the path of even handed justice to a humble man for the purpose of protectinga subordinate in his office or himself, I can only say that such a man ought certainly to be stricken from the rolls of the Arm with disgrace and infamy.
Mr. PAHIE. Mr. Speaker, it seems to me that the gentleman ought, in justice to these officers in this city who are innocent to inform the House who this officer is; and I earnestly ask him to give us now the name of the officer.
Mr. HALE]. Mr. Speaker, I have stated that I have reason to believe that these facts exist, but I do not think I ought to go further than I have gone until the matter shall come to the run CONGRESSIONAL opens. 3401 notice of the committee to which I ask to have the subject referred. There is no officer who is familiar with the operations of the Army staff at Washington but knows perfectly well the name of the officer to whom I refer. prefer not to name him God knows from no fear of consequences to myself, but simply as a matter of propriety. His name will be known soon womb, and wide enough. Upon this statement I submit the case to the considera‘tion of the House; and unless some other member desires to be heard, I move the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolutions were agreed to. PAY Ol" CLERK TO SERGEANT AT ARMS.
Mr. KERR, from the Committee of Ae counts, by unanimous consent submitted the following resolution; which was read, considered, and agreed to: Remlned.That the salary of the chief clerk in the offico of the Sergeant at Arms hethe same as thatof the asst disburs1ngclerk of the House during the 39th Congress.
Mr. FINCK mtRtv the resolution was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE PRESIDENT. A message was received from the POTUS by Mr. COOPER, his Private Secretary, informing the‘House that the President had approved and signed the following acts and JtResolutions: An act (H.R.No. 85) for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisi' ana, Arkansas, and Florida; An act (H. R; No. 482) to incorporate the Howard Institute and Home of the Y DistCol;JtResolution (H.R.No. 148) to authorize the distribution of surplus copies of the American State Papers in the custody of the SecyInterior;JtResolution (H.R.No. 166) to pay the State of Vermont the sum expended for the protection of the frontier against the invasion from Canada in 1864; An act (H.R.No. 492) making appropriations for the repair, preservation, an completion of certain public works heretofore commenced under the authority of law, and for other purposes; and An act (H.R.No. 661) changing the name of Emil Cohen.
Skip Skip MESSAGE FROM T HE snNA'rn. A message from the Senate, by Mr. Smith, one of its Clerks, informed the House that the Senate had agreed to the report of the com‘ mittee of conterence on the isagreeing votes of the 2 Houses on House JtResolution No. 77, for the relief of Ambrose L. Goodrich and Nathan B. Cornish for carryin the U.S. mail from Boise City to I aho City, in the Territory of Idaho. Also, that the Senate had passed a JtResolution (S.R.No. 86) to provide for the ub lication of the officisd history of the rebellion. Also, that the Senate had passed House JtResolution No. 163, for the relief of Charles M. Blake. Also, that the Senate had indefinitely post poned House JtResolution No. 680, for the relief of 'certain officers of the volunteer service who failed to make proper returns of stores and other public property. ARRESTS IN CANADA.
Mr. HOGAN. I ask unanimous consent to submit the following resolution: Retained. That the POTUS he requested to communicateto this House. if not meet; atiole With the public interests, whetherany and ‘1 any what, steps have beep taken b the executive deptto interposeits good 0 ceswith the Governmentpt' GreatBritain or that of Canada direct for the rohefot those personsarrestedin Canada durin: the late troubles along the border.
Mr. HOGAN. It is simply asking for information, if not incompatible with the public interest, whether anything has been done. I be e there will be no objection.Mr. BANKS. l have reason to believe that steps have been taken on this subject, but it strikes me the inquiry had better be deferred a few davs at least.
The Speaker. Objection being made, the resolution is not before the House. LAND GRANTS IN MINNESOTA.
Mr. KASSON. I would inquire of my friend, asa member of the ComPubLands, whether that committee has added to this bill what it was understood both the House and the committee desired hereafter tq, add to our land rant bills, that is, one of 2 provisions, name y, either that the lands thus granted should be subject to preemption all the time at a fixed minimum, or that the company for whose benefit the at is made should be compelled within a mited time to offer them for public sale. Unless we adopt that course the time is near at hand when we shall have scarcely a 100,000 acres of land in the Territories of the U.S. subject to settlement by emigrants from the East. These railroad corporations are absorbing almost all the valuable lands throu bout the Territories of the West. We grant ands to them for ten not be disposed of until years without obliging them to sell an acre or to open them to preemption by settlers. They go to work and mortgage the lands foraid in constructing their roads and then the mortgagers cannot sell so long as the interest is paid. Thus we establish an enormous land monopoly all over the western country which is depriving the people of the use of the public lands. With these views, which I have heretofore expressed to the House I'believe, I have only to say that I understood from the chairman of the ComPubLands that that committee was tavorablp to guarding hereafter against this monopoly by one of the 2 provisions of which I have spoken, and in listening to the amendments proosed by the committee I heard nothing of that kind. I ask my friendfrom Minnesota [Mr. Dosnnuar] whether any at tention was given in the committee to this subject.
Mr. KASSON. ery m ch like Iowa. But I am oring this prinnciple upon the State of Iowa an every other State. There is nothing showingby colors what " selfish in my proposition, but it is a principle of universal application. I hold that our lands lfillhl l.! i???“.ii' I ii'lf l " must be taken care of or our people will have no public lands in 12 or 20 years to come.
Mr. DONNE LLY. I sustained in the ComPubLands the reposition of the Gentfrom Iowa, [Mr. assos] netnpon its intrinsic merits, but. because I believed the Representatives from Iowa should be allowed to determine whether the settlements in and condition of their State demanded such legislation as they re osed. But I do not think it is demands in. innesota. On the contrary, the amount of land granted to the State of Minnesota is not so great as the gentleman has stated: I believe the statistics will show that those grants do not comrise one 6th of all the lands in that State. at the State of Iowa is in a different position. The State is older and longer settle than Minnesota, while the railroads therein have been more tardy in their construction, and public complaints have arisen in many parts of the State. such is not the case in Minnesota. Everyroad to whichlaud has been granted is progressing as rapidl as the people can reasonably expect. While am prepared, therefore, to follow the Iowa delegation in all purely local questions, I ask that.the same court esy be extended the delegation from Minnesota. All I ask of the House at the present time is, that this bill, which does not give an additional foot of land or up re riate a dollar in money, but is simply a bill eigdetails for the convenience of the railroads, and at the same time for the protection of the settlers, may be passed. It has already passed the Senate, an it has been examined and approved by the ComPubLands of the House. I am not now opposing the principle which the gentleman urges it is uot necessary to do so but I do not thiuk this is the occasion to apply it. I now call the previous question upon the aiiiendments of the comPublic Lands.
Skip Skip The previous question was 2nded and the main question ordered. The amendments reported from the ComPubLands were agreed to. The bill, as amended, was then read the 3rd time. The question was upon the passage of the i.
Mr. DONNELLY called the previous question on the passage of the bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. DONNELLY mtRtv the bill was passed; on the table. agreed to. BOUNTH' IS 1TO COLORED SOLDIERS.
Mr. McKEE. I would like to make an in quiry of the chairman of the ComMilAffrs.
Mr. McKEE. I want to know in reference to the decision of the question of the freedom or slavery at the time of those who enlisted in colored regiments.
Mr. SCHENCK. The question of their freedom or slavery is determined at the date of 19th of April, L861. “At the time of enlistment" is a blunder.
Mr. MeKEE. I understand there is a provision in these enlistments of slaves that a bounty of $100 is aid to the masters.
Mr. McKEE. That, then, remains the same as it was.
Mr. SCHENCK. Yes, sir, leaving the construction as before. The whole effect of this is to enable proof to be furnished, and in the absence of proof, leaving the presumption of the freedom of the colored man.
Mr. DAVIS. If it be shown that the master received a bounty of $100 for the colored man who enlisted, is that to be taken as proof that he was a slave and not a freeman “I "
Mr. SCHENCK. That is a matter for constrnction and legal decision. I do not say somethings like that will not occur, but the gentleman is going back to the merits of the bill which has been passed. This is to correct a blunder which occurred through inad vertencc.
Mr. McKEE. I have an amendment which I would like to offer.
Mr. SCHENCK. I will hear what the amendment is.
The Clerk read as follows: That all soldierswho enlisted in the Army of the U.S. during the recent rebellion shall be entitled to the beuntics provided by law for white troops. These bounties shall be paid to colored troopswithout reirazd to the fact as to whetherthey were free or slave t the time of their enlistment: and no bountyshall hereafter be paid to the owner of any slaveat the time ofhis enlistment.
Mr. BINGHAM. Thisis simply to enable free men, in point of fact, who served their country to get their pay. It merely enables them to make proof of that fact. I hope the gentleman will not embarrass the JtResolution at the present time by pressing his amendment. The fact is that the object of the Gentfrom Kentucky is already accomplished; and I hope he will not endanger the JtResolution at the other end of the Capitol by what looks like a repeal of the present law on the subect. ]
Mr. Mc EE. If the gentleman will allow me, I will only state that my object in offering the amendment is to clear up all difiieulties. There are difficulties, as the gentleman has stated, and the amendment of the Senate providing that other evidence may be taken must give rise to interminable controversies. It is my opinion that it would simply cut off the colored soldiers from getting t ieir bounty. I think that while we are on this bounty question we might as well settle the whole controversy. It must be done some day or other, and we might as well do it now. We ought to put all men who have gone into the Army and risked their lives in the cause of the nation upon the same footing. The gentleman says that the law equalizing hounties will give the colored troops the same bounty as white troops. It will not give the colored troops who were slaves any bounty at all; but in aniendinentprovides that hereafter bonnties shall be paid to all men in the federal Army, without distinction as to whether at the time of enlistment they were free or slave. That will obviate all difficulty, so far as repudiating our obligations is concerned. It will not 0 far. There are very few men in the her er States who were the owners of slaves who enlisted in the Federal Army, who, under the law, could prove their loyalt. I believe that Attorney (reneral Speed ren cred a decision that when a man enlisted in the Federal Army he was a free man and entitled to bounty; and although that decision was repudiated in the War Dept it was a correct one. If that be not the law of the land we ought to make it so today. I do not believe that, under the law as it now stands, or underthe law which we have passed equalizing soldiers’ bounties, those men who were slaves when they enlisted will ever get one'dollar of bounty. For that reason I want my amendment adopted.
Mr. WENTWORTH. I rise to a question of privilege. This morning, when a ill was pending in which I was interested, persons, not members of the House, were inside the doors of the House, without leave, and occupied the seats of members. Out of respect to those members I did not then make the point; but now that the bill has passed and every thing is over, and no person can consider himself personally rebuked by the remarks I make, I insist that no person shall come upon the floor except members of the House, and that no person shall occupy a member’s chair who is not a member of the House. I am satisfied that I was defeated this morning by that class of persons, and I owe it to myself and my constituents to insist from this time hence forth and forever the “ lobby” shall not come within the doors of the House.
Mr. STEVENS. What is the question before the House?
Mr. WENTWORTH, I rose to a question of privilege, and I shall stand by it.
Mr. STEVENS. Is this a question of privilege?
The SPEAKER. It is. It relates to the enforcement of the rules of the House.
Mr. RANDALL, of Pennsylvania. I think the members of the House, lobby, as well as others
The SPEAKER. The Chair will state that the gentleman having complained that there were persons on the floor who were not entitled to admission, he referred him to the Doorkeeper. The Doorkeeper, upon the demand of any member, will see that no one is admitted to the floor exceptin those who are entitled to admission under the rules of the House.
Mr. WENTWORTH. Now that the bill is passed, I do not make the point with reference to the ast, but to the future.
Mr. TEVENS. I do not think any harm came of it. There was a Gentfrom the far West sitting next to me, but he went away, and the seat seemed just as clean as it was before.“ [Laughten]
Mr. WENTWORTH. I insist that hence forth no man shall take a seat upon this floor who is not entitled to it. Have I that right?
The SPEAKER. The gentleman has, and 2118 Doorkeeper will enforce the rules of the house. BOUNTIES TO COLORED SOLDIERS AGAIN.
Mr. SCHENCK. I now insist upon my call for the previous question.
Mr. McKEE. Is it not in order to havea vote on m amendment? The SP ‘AKER. It is not, unless the previous question is not 2nded. The Gentfrom Ohio [Mr. SCHENCK has the floor by the unanimous consent of the house. he yielded to allow the proposed amendment of the Gentfrom IKentucky [Mr. McKEE] to be read, but stated after hearing it that he could not yield to allow it to be offered.
Skip Skip The question was taken upon secondin the call for the previous question, and upon a ivision there were ayes 30, noes 16; no quorum voting.
Mr. THAYER. I move that the House do now adjourii.
The Speaker. The Chair will re nest the Gentfrom Pennsylvania [Mr. BAYER] to withdraw his motion for a few moments, to enable the Chair to lay before the House some executive communications.
Mr. THAYER. I will withdraw the motion for that purpose. AMERICAN CITIZENS IMPRISONED IN IRELAND.
The Speaker laid before the House the following message from the POTUS: To the HoRep: In answer to the resolution of the HoRep of the 18th instant calling for information in regard to the arrest and impris onment in Ireland of American citizens, I transmit herewith a report of the SecyState on the subject. ANDREWJOHNSON. IVASHINGTON, D. 0., June 22, 1866.
Mr. BANKS, I‘ move that the message and accompanying documents be printed and referred to the ComForeign Atfairs.
Mr. ELDRIDGE. Let the report of the SecyState be read.
Mr. BANhS. I understand that it sets forth that all the risoners have been released.
Mr. ELD llDGE. I understand that such is not the case in regard to some of them, and I want to know what particular ones have not been released.
Mr. BANKS. It is believed that all have been released; there is some possible question in regard to 2 of them.
Mr. ELDRIDGE. I understand that itrests merely upon belief; I want to know whether that is so or not; and therefore I call for the reading of the report of the SecyState. The report of the SecyState was road. After setting forth the terms of the resolution of the House, it concludes as follows: “ Isub'oin a list of namesof alleged citizenspf the U.S., who. accordingto thounforinntion of this Dept have beenarrestedin Ireland since the recentsuspension of the hubeancorpusnet in that country. Pursuant to the instructions of this Dept.the U.S.minister at London and the consuls of the U.S. in Ireland have madesuch representationto the British authorities in regard to the casesof those persons that the have beenreleased.excepttwowho are held for trin upon groundssupposedto be sufficient by thojudieial authorities. It is belived.however. that in consequence of the aforesaid repreSentations even the 2 persons referred to. one of whom is a Colonel Burke, have beensetat liberty beforethe presenttime." The motion of Mr. BANKS was then agreed to. EXPENDITURES 0? INDIAN BUREAU.
The Speaker also laid before the House the following message from the POTUS: To the HoRep: I transmit herewith a report from the SecyInterior, communicatin in part the information requested by the resolution of the HoRep of the 23d of April last, in relation to the appropriations 'Iiaiiv affair ll Yit'rtrnti lira an.11.?! 220mm and expenditures connected with the Indian service. ANDREWJOHNSON. wASHINGTON, D. C., June 23, 1866. The message and accompanying documents wore ordered to be printed and referred to the ComIndAffrs.
Skip Skip LEAVE OF ABSENCE. The Speaker asked and obtained indefinite leave of absence for Mr. JENCKES and Mr. Dunno. Mr. ORTH asked and obtained indefinite leave of absence for his colleague, Mr. DE runes. Mr. CHANLER asked and obtained indefinite leave of absence for himself. COMMITTEE VACANCY FILLED.
The Speaker announced the appointment of Mr. Douos to fill the vacancy on the ComCommerce caused by the death of Mr. James Humphrey. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled bills of the following titles; when the Speaker signed the same. An act (S.No.59) to provide for the revision and consolidation of the statutes of the U.S.; An act (S.No.180) for the relief of A. J. ray AINECt (S.No.200) for the relief of Jane Harris; An act (S.No.238) granting a pension to vMrs. Amarillo Cook; An act (S.No.243) to extend the time for the reversion to the U.S. of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay, in the State of Michigan, and for the completion of said road; An act (S.No.275) for the relief of Corne lius Crowley; An act (S.No.276) for the relief of Mrs. Joshusha Witter; An act (S.No.298) granting a pension to Jane D. Brent; An act (S.No.326) granting a pension to Mrs. Harriet B. Crocker; An act (S.No.330) making further provision for the establishment of an armory and arsenal of construction, deposit, and repair on RockIsland. in the State of Illinois; An act S.No. 339) granting a pension to Benjamin 'rankliii; An act (S.No.342) for the benefit of Ira B. Curtis; An act (SLNo. 376) to amend an act entitled “ An act granting a pension to the widow of the late Ma'or General Hiram G. Berry;” An act (S. I o. 381) to amend an act entitled “An act to authorize the sale of marine hospitals and revenue cutters, ” approved April ‘20, 1866; An not (H.R.No. 249; to establish a.land office in the'Territory of daho; and An act (H.R.No. 342) in amendment of an act to promote the progress of the useful arts and the acts in amendment of and in addition thereto.
Mr. THAYER. I now renew my motion to adjourn.
Skip Skip The question was taken; and upon a division there were ayes 31, noes 53. Before the result of the vote wasaunonnced, Mr. STEVENS called for tellers. Tellers were ordered; and Mr. Asnmar of Ohio, and Mr. THAYER, were appointed. The House again divided; and the tellers reported ayes 34, noes 62. So the motion to adjourn was not agreed to. BOUNTIES TO COLORED SOLDIERS AGAIN. The question recurred upon 2nding the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question being on the passage of the JtResolution, Mr. SCHENCK. question. The previous question was 2nded and the main question ordered. ML ARDING, of Kentucky. I call for the reading of the bill. The bill was again read. On the passage of the bill, Mr. LeBlOND called for the yeas&nays. [he yeas&nays were not ordered. Mr. LeBlOND called for tellers on ordering the yeas&nays. fellers were not ordered. The JtResolution was passed. Mr. SCHENCK mtRtv the JtResolution was passed; upon the table. agreed to. PENITENTIARIES IN THE TERRITORIES.
Mr. RICE, of Maine, by unanimous consent, reported from the ComTerritor a bill setting aside certain proceeds from internalrevenue for the erection of penitentiarics in the Territories of Nebraska, Washington, Arizona, Montana, Idaho, and Dakota; which was read a 1st and 2nd time.
Mr. RANDALL, of Pennsylvania. I make the point of order that this bill must go to the ComWhole on the state of the men.
The SPEAKER. The Chair sustains the point of order; and the bill will be referred to the ComWhole on the state of the Union.
Mr. RICE, of Maine. I move that the bill be.rinted. he motion was agreed to. TAX EXEMPTION OF PUBLIC LANDS.
Mr. HOTCHKISS, by unanimous consent, introduced a bill to exempt certain public lands from taxation; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed.
Mr. SPALDING mtRtv the bill was referred; on the table. agreed to. RAILROAD FROM CALIFORNIA TO OREGON Mr. McRUER, by unanimous consent, introduced a bill granting lands to aid in the construction of a railroad and telc raph line from the Central Pacific railroad, in alifornia, to Portland, in Oregon; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed.
Mr. SPALDING mtRtv the bill was referred; on the table. agreed to. SALT LAKE AND COLUMBIA RIVER RAILROAD Mr. HENDERSON. I move that, by unan imous consent, Senate bill No. 336, grantiu lands to aid in the construction of a railroad and telegraph line from Salt Lake City to the Columbia river, be taken from the Speaker’s table and referred to the ComPubLands.
The Speaker. That bill was referred on last Wednesday to the ComPacificRR. PRINTING TARIFF BILL.
Mr. MORRILL. I move that 1,000 extra co ics of the tariff bill be printed for the use of temembers of this House.
The Speaker. That motion will be referred, under the law, to the ComPrintg. PUBLIC SECURITIES AND CURRENCY. Mr. WILSON, of Iowa, by unanimous con1 call for die previous sent, introduced a.hill to punish certain crimes in relation to the public securities and currency, and for other purposes; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. ARMY APPROPRIATION BILL.
Mr. STEVENS, from the ComAppropriat, reported back Senate amendments to the bill. (H.R.No. 15?) making appropriations for the support of the Army for the year ending the 30t June, 1867. The amendments of the Senate were read. 1st amendment: On gage 6. in, lines 16and 17.strike out “ ” and insert in lieu thereof "100." so the clause that willread: For contingenciesof the Army. $100,000. The ComAppropriat recommended concurrence. The amendment was concurred in. 2nd amendment: oppage T. strike out all after the word “dollars.” In linelive, to the end of the bill. as follows: Propuled, That no part of the moneyhereby appropriated shall be usedfor paying the Illinms Cen tral Railroad Companyfor the transportation of the troopsor the property Attorney of the U.S.; and the General of the U.S. is hereby directedto institute a suit against the said company in the circuit court of the U.S.in the eleventh circuit, without delay. to recover from the said companyany nioucysthat have been paid tothesaid companyby any Dept of the Government for U.S. a;tioannd of the stariodopAsttoorr property of the hereby further directed to appear General is States in said court, and prosecute fiotsr itnhteerUenstitseind the said suit. The ComAppropriat recommended non-concurrence.
Mr. DAVIS. I hope that amendment will be concurred in.
Mr. STEVENS. This matter has been settled by Congress 3 or 4 times. We recommend that it be non-concurred in, and I hope it will be non-concurred in and sent to a committee of conference, which will dispose of it as it has done heretofore. The entle mau from Illinois, [Mr. WAsubiJRXE] W10 takes a doe interest in the matter, is too unwell to be in the House; but this does not dispose of the subject, as it will again come up on the report of the ednimittee of conference.
Mr. DAVIS. When the report of the committee of conference is made, must we not act on it as a unit?
Mr. STEVENS. The committee of conference acts on each one of these amendments separately, but when the report is made, of course it must be acted on as a whole. The amendment was non-concurred in. 3rd amendment: Insert the following as an additional section: Abife:, and the sameis:h ereeby, That uprothpori sumoouft$146.w0 of on money in the Treasury not 0t crmse appromate, to be disbursedby the SecyWar in t otion of fire roof buildings at or crec near the Schuylkill arsenal, in t 1: State of Pennsylvania. to be used as store housesfor Government property. The ComAppropriat recommended a non-concurrence. The amendment was non-concurred in. 4th amendment: Insert the following as an additional seetipn: Abife: That the followmg sums be, and the same are hereby, appropriatedout of any money in the Treasury not at crwise appropriated, for the support of thoBureau of Refugees, hroedmgn. andAbandonedLands. for the fiscal ycar commencing January 1, 1866n. amely: For salariesof nssuitantand sub assteommis sir nors.814]. ‘or salariesof clerks., 882,000. ‘or stationery and printing. 863,000. ‘or nartersand fuel, 11!). “or c othipg for distribution, $l.f70.000. ‘or commissarystores, $106, 200 or medical dept.SHDDOO. i'ortransportation, $1, 820,000. ‘or schoolsuperintendents, 621,000. ‘or repairs andrent of school housesand nsylums. The ComAppropriat recommended a concurrence, With an amendment, to add the following: For telegraphing.318,000.
Mr. RANDALL, of Pennsylvania. I hope. that will be non-concurred in.
Mr. KASSON. Is the gentleman aware that this is a large reduction?
Mr. RANDALL, of Pennsylvania. I am opposed to an such appropriation. the amendvment to
Skip Skip The amendment was agreed to; and the amendment of the Senate, as amended, was concurred in. 5th amendment: Insert the following as an additional section: Abife: That the quartermaster’s dept all cases, in obtaining supplies for the military service, to in advertisements for bids for contriuts thuat preferenccshall beiriven to articlesofdonicstic production and iniinufuetiire.con ditious of pricc andquality beingequal: and thntsuch a rcference shall begiven to articlesof American prouction and manufacture producedon the Pacific coastto the extent of the productionr equired by the public service there: and to that end the QuarterMGen shall causeadvertisementsto bepublished in the citiesof SanFrancisco, in California and Portland, in the state of Oregon and he shall accept the lowest responsible bids under such advertise p agents.“ thoqimlity be equaleachin its kind or supe nor to that which shall be olfered by bidderson the Atlantic side and if the price or costto the Govern bmyent be no grcuter than articles of like kind otfered bidderson the Atlantic sidewith the cost of transportation added thereto. The ComAppropriat recommended concurrence, with an amendment to strike out all after the word “there, ” in the 8th line, as follows: And to that end the QuarterMGen shall causeadvertisementsto be published in the cities of SanFrancisco. in California and Portland, in the sSptaottoiSpifbOlcreiroii and he shall accept the lowest re bidsunder such advertisements.if the quality be equaleachin its kind or superior to that which shall be otferedby bidderson the Atlantic side, and if the price or cost to the Government be no greater than articles of like kind otTeredby bidderson the Atluntic side with the costof transportation added crcto.
Mr.)IcItUER. I should like to ask the committee upon what ground it struck out the latter part of this amendment, which seems to me to be perfectly just and proper, and demanded by the requirements of the public service. Now. in regard to advertising
Mr. STEVENS. It does not strike out that part. It only strikes out the part that they shall add the freight. We leave it at the price there, without reference to'what goes to make up that price.
Mr. hlcftUER. It only provides they shall purchase on the Pacific coast such articles manufactured there as can be procured as low as articles on this side, addin the cost of transportation. I think that it is just and right that these young manufacturers on the Pacific should be encouraged to at extent, that the military dept should buy such articles as they may manufacture there, provided they can be procured as cheaply as articles manufacture on the Atlantic coast, adding the cot of transportation. Certainly theseyoung manufacturers might be encouraged by the Government to thatextent; therefore I hope the amendment will not be concurred in.
Mr. SCHENCK. I was going to suggest the striking out of something more from the amendment of the Senate than was proposed by the ComAppropriat. It seems to me sufficient to retain simply the declaration that in the advertisement of the nartermaster preference should be given in a 1cases to articles of American manufacture, and that we should not undertake to decide between one section of the country and another. It would only be going a step further to say in reference to those things to be consumed in Massachusetts that Massachusetts should be preferred: and in reference to those to be onsnmed in Pennsylvania that Pennsylvania should be preferred; and that in the cotton growing States their own cotton should have preference. It is far better to leave out all attempts to sectionalize in this matter and confinc ourselves to the simple general declaration that in all advertisements the quartermaster should declare that a preference will be given to articles of American manufacture. I move, therefore, to amend by striking out that portion which relates to the Pacific coast, leaving simply the general declaration of preference for American manufactures.
Mr. BIDWELL. Mr. Speaker, we do not desire to ask any preference on the Pacific coast, all things considered. But it is a fact that we have maiiufiictories there of various articles, and that we produce those articles at prices which will compare favorably with the I same articles on this Side. We make a better I article of blankets than is manufactured on this side. At all events, they are in no wise inferior to any article manufactured anywhere in the U.S or elsewhere. Now, sir, itseems to me that if these articles can be purchased at the same price, all things considered, deducting the cost of freight from the Atlantic sea board to the Pacific coast, it is not asking too much to allow the quortermaster to purchase them from the manufacturers upon the Pacific coast. We do notask any preference; we simply ask to be placed upon the same footing, ta'ing into consideration the quality of the article required and the price of the freight from the Atlantic to the Pacific.
Mr. STEVENS. Will the gentleman tell me what part of this amendment prevents such a thing as that? I see nothing ofit.
Mr. BlDWELL. I do not know that anything in this bill prevents it, but if there is anything that allows iIt hope it wilfnot be stricken out.
Mr. KASSON. I will state that I wnsunder the impression at one time that the bid was for the entire supply of the Arm ', butI learn that it is for the elivery of such a quantity as is wanted at the respective points of delivery. Hence I am frank to say that for myself I see no use of this entire umendmentin reference to California as giving any practical advantage to that coast. It seems to me to be a nominal effect produced and not a real one. As it was the committee struck out the part that was clearly surplusage. I do not wish to appear to uphold the policy of splitting up the Army of the U.S. into different geographical divisions in reference to the matter of supplies. I believe it. will work detrimentally to the interest of the Government. But [assure the gentleman that in the mode in which the bid ding is done, the ver object which he desires will be' accomplishet, for if the party at SanFrancisco bids lower than is bid by the party at NewYork or on the Atlantic coast it must be given to the party in California. Mr.BlDWELL. lwish to ask the chairman of the committee whether parties living on the pay cific coast can furnish the supplies needed there. "
Mr. STEVENS. It makes no kind of difference where the parties furnishing the goods reside. Advertisements are put in for the furnishin" of goods at various oints all over the U.S. A man in oston may bid to furnish goods in Oregon, or a man in Oregon may bid to furnish goods in Boston.
Mr. BIDWELL. Does not one man, for instance, furnish all the blankets needed at different points?
Mr. SCHENCK. No, sir. The contracts are not made in that way. There is a demand, for instance, for 10,000 blankets, which are needed at SanFrancisco, or at Portland, Oregon. They are advertised for, and the bids are open to the whole cOuntit'y, and the contract is given to those who can urnish them cheapest at that point.
Mr. icltUER. But the advertisement is made in NewYork and Boston and Cincinnati, and not in SanFrancisco and Portland.
Mr. SCHENCK. Usually the papers in which the advertisements are inserted are selected at the points where the delivery is to be made or at the principal commercial cities.
Mr. McRUER. All we desire is, that if the Government requires articles delivered at Port land or SanFrancisco, they may purchase them there, provided they can be furnished as cheaply as in NewYork or elsewhere.
Mr. RADFORD. Idesire to ask the Gentfrom California a question, so that I may understand this amendment. I desire to know if this amendment would require us to purchase goods manufactured on t ie Pacific coast, even though we could obtain the goods manufactured in other places at a lower price.
Mr. BIDWELL. o, sir; by no means. They are not to he purchased on the Pacific coast unless they can be purchased as low, all things considered, as elsewhere.
Mr. RADFORI). I think the construction at upon the gentleman’s amendment would he that it would compel the Government officers to purchase the goods there, even though they be to pay a big or price than for goods manufactured elsewhere.
Mr. BIDWELL. Ihaveproposed no amendment. I am merely opposmg the amendment of the ComAppropriat to strike out a portion of the Senate amendment. I desire to see the bill passed as it came from the Senate.
Mr. STEVENS. I think that we have had debate enough upon this question, and I demand the previous question.
Skip Skip The question was taken; and the amendment was non-concurred in. The title of the bill was amended by adding thereto the words “ and for other purposes." Mr. STEVENS. mtRtv the amendments of the Senate have been acted upon; on the table. agreed to.
Mr. STEVENS. I move that the House still further insist upon its disagreement to the amendments of the Senate, and request a committee ofconference. The motion was agreed to. EVENING SESSIONS rou FOREIGN AFFAIRS.
Mr. BANKS. I ask unanimous consent to submit the following resolution for consideration at this time: Resolved.That the evening of Monday. the 2d of July, and each subsequent evening until the business is disposedof. be specially assignedto the consideration of reportsof the Comniittecon Foreign AiIltIfS upon the several subgectsreferred to them by the house.f Representatives.
Mr. ASHLEY, of Ohio. in of the 4th of July.
Mr. BANKS. Of course that will be exepted.
Mr. MORRILL. I object to anything which will be in the way of the tariff bill.
Mr. BANKS. The intention is to occupy the evening sessions for the consideration of the reports of the ComForAffrs and not trespass upon the business of day sessions.
Mr. BANKS. I will not press the resolution n W. o GEORGE I ‘ABER.
Mr. ECKLEY, by unanimous consent, introduced a bill for the relief of George Faber; which was read a 1st and 2nd timp and referred to the ComPatents. BRIDGE ACROSS THE MISSOURI RIVER. I
Mr. VANHORN, of Missouri, by unanimous consent, introduced a bill to authorize the construction of a bridge across the Missouri river, and declaring the same a post route; which was read a 1st and 2nd time and referred to the comPostOffice. Except the even c I am opposed to evening BENJAMIN MOORE DOVE.
Mr. DONNELLY, by unanimous consent, introduced a bill for the relief of Benjamin Moore Dove; which was read a 1st and 2nd time and referred to the ComNavAffrs. COURT or CLAIMS.
Mr. MOORHEAD, by unanimous consent, introduced a bill to further extend the jurisdiction of the Court of Claims; which was read a 1st and 2nd time and referred to the ComJudiciary. ELIZA F. MOORHEAD.
Mr. MOORHEAD asked and obtained leave to withdraw from the files of the House the papers in the case of Eliza F. Moorliead. ENROLLEDJtResolution 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: A JtResolution (H.R.No. 162) for the relief of Charles M. Blake. SALT LAKE AND COLUMBIA RIVER RAILROAD.
Mr. HENDERSON. Iask unanimous consent that the ComPacRailroad be dischnr ed from the further consideration of Senate ill No. 336, granting lands to aid in the construction of a railroad and tele graph line from Salt Lake City to the Columbia river, and that the some he referred to the ComPubLands.
Mr. SPALDING objected, but subsequently withdrew his objection.
Mr. WEN TWORTH renewed the objection. JOHN T. TAYLOR.
Mr. LOAN, by unanimous consent, introduced a bill for the relief of John T. Taylor, late postmaster at Gallatin, Missouri; which was read a 1st and 2nd time and referred to the ComClaims. JONATHAN W. BEACH.
Mr. TAYLOR asked unanimous consent to report, from the ComInvalidPens, a bill for the relief of Jonathan W. Beach.
Mr. ELDRIDGE objected. MAIL ROUTES IN CALIFORNIA.
Mr. BIDWELL, by unanimous consent, introduced a bill to establish certain mail routes in the State of California; which was read a 1st and 2nd time and referred to the comPostOffice. SOUTHERN OVERLAND MAIL ROUTE.
Mr. BHDWEIiL. I ask unanimous consent to submit the followmg resolution for consideration at this time: Ifemlned. That the ComPostOffice&Post Roads be instructed to inquire into the expediency of reestablisiiingthe southern overland mail route from SanFrancisco, viii Los Angelos. Fort Yuma and Fort Smith, to Memphis. in accordance with the accompanying resolutions.adoptedJanuary 20. lStiti.by the Legislature of California and that the said committee have leave to report at any time.
Mr. ALLISON. Iobject. And then, on motion of Mr. RADFORD, gt 4 o'clock and 15 minutes p. m.,) the ease adjourned.
@@@IN SENATE SENATE. TUESDAY, June 26, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. COWAN, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip LEAVE OF ABSENCE. Mr. LANE, of Indiana. A few days since I asked leave of absence for the Senfrom Kansas, [Mr. Laura] I have received this morning a telegram from his physician at StLouis, stating that he is unable to Teach the city, and will not probably be here during the remainder of the session. I move that the leave of absence may be extended for the resi due of the present session. I have the tele gram with me. I The motion was agreed to.
Skip Skip PETITIONS AND MEMORIALS. Mr. MORGAN presented the petition of Horace L. Emory, to whom letters patent were ranted February 22, 1852, for improvements in the endless chain horse power, praying for an extension of that patent; which was referred to the ComPatents and the Patent Office. Mr. COWAN presented the petition of W. H. Singer, F. D. Horton, Frederick Hans, and a large number of other citizens of Pennsyl vauia, praying that the tariff law may be so amended as to protect American labor to the extent of the difference of the cost of capital and labor here and abroad, with the addition of the taxes paid by American industrial prod ucts from which the foreign are free; which was referred to the ComFinance. Mr. SHERMAN. Ipresent the memorial of Mrs. Amelia Feaster, which is accompanied by an autograph letter from GenlGrant, one from GenlHoward, one from General Schriver, and letters from other officers of the Army. It presents a case of very peculiar merit on the part of this lady, who not only sacrificed her property in aiding our soldiers when im risoned in SCarolina, but who was real driven awa from there, and she prays to e reimburse for money expended y er in alleviating the condition of Union troops while in rebel prisons. It resents a very strong case for her relief which I will be from tly granted. hope I move that the memoria with the accompaning papers be referred to the ComClaims. The motion was agreed to. PAPERS WITHDRAWN AND REFERRED. On motion of Mr. RAMSEY, it was Ordered.That the petition and other upersin the case'of A. J. Campbell be withdrawn rpm the files of the Senatea nd referredto the Committee on Indian Affairl. REPORTS OF COMMITTEES.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (H.R.No. 879) to establish in the DistCol a reform school for boys, reported it with amendments.
Mr. BUCKALEW, from the ComIndAffrs, to whom was referred a JtResolution (H.R.No. 123) for the relief of Elizabeth Woodward and George Chorpen' ning, of Pennsylvania, reported it with amend merits. CUYAHOGA ItIVizu BRIDGE.
Mr. CHANDLER. The ComCommerce, to whom was referred the memorial of the Columbus and Toledo Railroad Company, praying that they may be allowed to construct a bridge across the Cuyaho a river, have had it. under consideration, and have instructed me to report aJtResolution (S.R.No. 113) for the construction of a railroad bridge across the Cuyahoga river, over and upon the government piers at Cleveland, Ohio; and, with the consent of the Senate, I will ask immediate action upon it.
The PRESIDENT protempore. It requires unanimous consent to consider the JtResolution on the day it is reported.
Mr. CONNESS. If this resolution will consume any time I shall be compelled to object to it.
Mr. CHANDLER. It will occupy but a moment. It will take only the time necessary to read it.
Mr. SHERMAN. It is a more local matter, and there can be no objection to it. There being no objection, the Jtresolution was read twice by its title, an considered as in ComWhole. It authorizes the SecyWar to permit the Cleveland and Toledo Railroad Company, and the Cleveland and Pittsburg Railroad Company, jointly, or either of those companies. for their joint or separate use, to erecta swing bridge over and upon the Government piers for the passage of cars across the Cuyahoga river, at the city of Cleveland, Ohio, u n such plan as shall be hereafter approve by the city council of Cleveland, and by the Board of Trade of the same city, subject, however, to such restrictions, conditions, and limitations as the SecyWar may see fit to impose at any period, whether prior or subsequent to the erection of the bridge.
Mr. EDMUNDS. I move to amend the res olution by adding to it the following proviso: Provided. That this resolution and all acts done under it, shall besubjectto the future action of congress.
Mr. CHANDLER. I have no objection to at.
Mr. WADE. There is no objection to the amendment.
Mr. WADE. I suppose it is. It does not add anything to the resolution.
Skip Skip The amendment was agreed to. The JtResolution was reported to the senate as amended, and the amendment was concurred in. The JtResolution was orderengross for a 3rd reading, was read the 3rd time, and passed. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S. No.898) to incor orate the Metropolitan Club of the DistCol; which'was read twice by its title and referred to the ComDistCol.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 114) for the relief of John A. Coan; which was read twice by its title and referred to the ComMilAffrs . AUSTRIAN TROOPS IN MEXICO.
Mr. ANTHONY submitted the following res olution; which was referred to the ComPrintg: Recnlverl.That 10,000copiesof the message from the President. with accompanyin documents, answering a resolution of the Senate of the 13thin stant, in regard to the departureof troopsfrom Aus tria for Mexico, be printed for the useof the State Dept.
Mr. WADE submitted the following resolution; which was considered by unanimous consent, and agreed to: Whereasgreat inequalities exist in the compensa tiloonyCa lslowed to the several officers and other em of the Sennte andHoRep: inhecqrucafolirteie, swith a VIEW to the adjustment of these in the Senate, 1): it reaolvedaThata committee of 3 be appointed to take into considerationthe foregoingmat ter and report by bill or resolution.
Mr. WADE. I move that the committee be appointed by the Chair. It was so ordered by unanimous consent; and Messrs. wADE, wHJJAMS, and BUCKALEW were appointed the committee. VENTILATION 0]!“SENATE CHAMBER.
Mr. BROWN. I offer the following resolution: Resolved.That the ComPublic Buildings andGrounds be instructed to inquire into the expe diency of authorizing the improvement of the vcntilation of the SenateChamberin accordancewith pelaapnistotlhatmay be submittedby the architect of the adoptedand under his direction, similar to those in the Representative Chamber, and report by bill or otherwise.
Mr. RAMSEY. I suggest to the Senfrom Missouri that the committee make a report at some early day, for we are suffering every day. [Laughten]
Mr. BROWN. While it is warm, you mean. [Laughten]
Mr. BROWN. I will simply say that I have felt a little delicacy about interfering with the special committee that has already had the matter of ventilation under consideration, but still I think it would be well to charge both committees with it. I ask for the present consideration of the resolution. The resolution was considered by nuanimous consent and agreed to. th
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its ChiefClerk, announced that the HoRep had passed the following bill and JtResolution, in which it requested the concurrence of the Senate: A bill H.R.No. 387) making appropriations for the current and contingent exieiises of the Indian dept, and for fulfilling treaty stipulations with variOus Indian tribes for the year ending 30th June, 1867; and A JtResolution (H.R.No. 176) amend: atory of a JtResolution entitled “ A resolution respecting bounties to colored soldiers, and the pensions, bounties, and allowances to their ‘heirs ” approved June 15, 1866. 7 PP WASHINGTON TERRITORY.
Mr. WADE. I move to postpone all prior orders and take up House bill No. 179, amending the organic act of the Territory of Washington. The motion was agreed to; and the bill (H.R.No. 179) amendatory of the organic act of Washington Territory was considered as in ComWhole. It provides that after the next annual session of the Legislative Assembly of the Territory the sessions shall be biennial. Members of the Council shall be elected for the term of 4 years, and members of the House for the term of 2 cars, and they shall receive the sum of 6 ollars perda instead of 3 dollars heretofore allowe, and shall receive the same mileage now allowed by law. Each is to have authority to elect, in addition to the officers uOw allowed by law, an enrolling clerk, who shall receive 5 dollars or day. The chief clerks shall receive 6 dollars perday, and the other officers elected by the Legislature shall receive 5 dollars perday each. The 1st election for the biennial session is to be at the time of holding the general election for the Territory in the year 1867.
Mr. WADE. I offer this amendment as an additional section: Abife:, That the act of the Legislative Assembly of the Territory of Washington.up pi'ovedJanuary 14.1505, entitled “An netin relation to the county of Skamania, " be, and the same is hereby.disappmved.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and that the bill be read a 3rd time. The bill was read the 3rd time and passed; and, on motion of Mr. Wane, its title was amended by the addition of the words “and for other purposes.” HOUSE BILLS REFERRED. The following bill and JtResolution from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 387) making appropriations for the current and contingent expenses of the Indian dept, and for fulfilling treaty stipulations with various Indian tribes for the year ending 30th June, 1867 to the ComFinance. AJtResolution (H.R.No. 176) amend atory of a JtResolution entitled “Aresolution respecting bounties to colored soldiers, and the pensions, bounties, and allowances to their heirs” to the ComMilAffrs . snavsvoa GENERAL IN IDAHO. On motion of Mr. STEWART, the bill (H.R.No. 891) to create the office of surveyor Generalin Idaho Territory was considered as In ComWhole. It authorizes the President, by and with the advice and consent of the Senate, to appoint a surveyor general for Idaho, whose annual sal ary is to be $3,000, and whose power, authority, and duties are to be the same as these provided bylaw for the surveyorgeneral of Oregon. He is to have (proper allowances for clerk hire, office rent, an fuel, not exceeding what now is allowed by law to the surveyor general of Oregon, and he is to locate his office at Boise City, in the Territory of Idaho. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. BRITISH VESSEL MAGICIENNE.
Mr. SUMNER. I move that the Senate ro ceed to the consideration of Senate bill T10. 297, reported from the ComForRel. The motion was agreed to; and the bill (S.No.297) for the relief of the owners of the British vessel Magicicnne was read the 2nd time and considered as in ComWhole. It directs the payment, to the order of the proper functionary of the Government of her Majesty the ueeu of GreatBritain and Ireland, of the sum of $8, 645, as full compensation to the owners of the British vessel. agi cienne, or their legal representatives, for dam ages occasioned y reason of the wrongful seizure and detention of that vessel by the U.S. ship Onward, in the month of January, 1803, an also as full compensation to the owners and shippers of the cargo of the Magicienne; such sum to be distributed agree ably to the award of William M. Evarts and Edward M. Archibald, Esquires, to whom the claim was referred for adjustment, by an agreement hearing date in November, 1863, between the SecyState on the part of the U.S., and the British minister at Washington on the part of GreatBritain.
The PRESIDENT protemporc. Ifnoamendment be proposed, the bill will be reported to the Senate.
Mr. SUMNER. Before the vote is taken upon that question, I desire that the Senate slibuld understand precisely the character of the bill. Perhaps the Senate may have for otten that a message of the President, bearing date April 4 1866, communicated to the 2 Houses of Congress the correspondence between the Government of the U.S and the Government of GreatBritain relating to this vessel. It a pears by that correspondence that the U.S., through
Mr. Sew ard, and the Government of GreatBritain, through Lord Lyons, came to an agreement, in 1863, to refer the question of damages in this matter to Mr. Evarts, the eminent counsel at NewYork, and Mr. Archibald, the British consul at NewYork. Those 2 referees have proceeded with the business and have made a report which forms the basis of this bill. Icall particular attention to the dates in this case,)ecause they had an influence on the judgment of the committee in the report which they instructed me to make. I need not remind the Senate that at a later day Lord Russell, in a formal manner. undertook to refuse to submit our claims on GreatBritain to any arbitration. That was bya dispatch which I hold in my hands, addressed to Mr. Adams, our minister at GreatBritain, and hearing date August 80, 1865. All will remember the terms of that die patch, which have been substantially set forth in the annual messa c of the POTUS. Ha this claim accrued subsequent to that dispatch of Lord Russell, it would have been a very graVe question whether our committee could have counseled the recognition of the claim; but, sir, it was anterior to that disatch, and referees were selected on both si es, by whose judgment, it seemed to the committee, we ought to abide. In short, under the circumstances, there was no alternative. We. had selected our court, and the dam ages were determined by the judgment of that court. It was under those circumstances that the committee directed me to report that this claim ought to be paid. I The bill was reported to the Senate Without amendment.
Mr. CONNESS. As we are in want of time, I should not consume it and will not. The whole of this case is that we are to pay a British claim because it existed anterior to the date of the iiisolent refusal of the British Government to consider any claims of ours, or to submit our claims and theirs jointly to arbitration. They are to turn out as public marauders over the seas of the world and destroy our commerce, and the question of losses is not to be submitted, and our Government is to be in snlted when the proposition is made; but we, with a nicety of justice and an exactitude of justice that can scarce find a parallel, are to pay British claims anterior to that date because we had appointed our own court. I have great confidence in the ComForeign elations; I know the sense of justice of that committee, and of the chairman of that'committee, and have great respect for it; but I cannot vote to pay any British claim in the face of the insulting response made by the British Government to the proposition even to consider American claims.
Mr. SUMNER. I make no question with the Senfrom California with regard to the character of the rely of Lord Russell to our own application. have already stated that had this claim accrued subsequent to that and had our obligations 'with regard to it been declared subsequent to that, the committee would not have undertaken to recommend it to the Senate; but. it appears by the correspondence which is on our tables that this claim was the subject ofun explicit understandin between Mr. Seward on our part, and Lord ous on the part of the British Government; that they came to an agreement as to how it should be decided; that referees were selected 5that they have proceeded to the decision of the case; and now it seems that it only remains for us to abide by the judgment of the referees that we have assisted in selecting.
Mr. SUMNER. And, in short, pay the bill. I see that it oes against the grain of my excel. lent friend; insensible to the claims of justice. For myself, I would say that while I have no question as to how the conduct of GreatBritain on this matter should be characterized, I am anxious that my own country should be kept firm and constant in the attitude of justice. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. NIAGARA SHIP CANAL.
Mr. HOWE. Imove that the Senate proceed to the consideration of the bill (H. H. No. 344) to incorporate the Niagara Ship Canal Company.
The PRESIDENT protempore put the question on the motion, and declared that the noes appeared to have it.
Mr. HOWE. Iask for the yeas&nays. The IyHeas&nays were ordered.
Mr. OWE. Allow me to say, for the information of the Senate simply, that this is a bill to provide for a ship canal around the falls of Niagara. I am not going to argue the question of taking it up. I want to have the sense of the Senate as to whether they will consider it or not.
Mr. DOOLITTLE. If my colleague will allow me to make a suggestion on the subject, I think he had better move to take it up after the morning hour has expired. Some gentlemen here who are perhaps friendly to the bill would vote against it in the morning hour, but would vote to take it up after the morning hour has passed. I make that suggestion to my colleague. He may not get the sense of the senate ifhe moves to take it up in the morning hour.
Mr. HOWE. I should like to have the senate take up the bill, and if then it should be the disposition of the Senate that it shall be assigned to any particular time for considera tioh, [shall have no objection to that. I do not understand why it should not properly be considered in the morning hour as well as in any other hour of the day.
Mr. STEWART. There is no objection to taking it. uifor an assignment.
Mr. HO E. I hope we shall have a vote. at I believe that he, too, is not, The question being taken by yeas&nays, resulte yeas I7, nays 19; 13. So the Senate refused to take up the bill for consideration. FltEEDMl ZN’Sunease.
Mr. WILSON. I move to take up House bill No. 613, to continue in forceand to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes. p
Mr. DOOLITTLE. I wish the honorable Senator would not. propose to take that up in the morning hour, for there is no special order for today, and there are some little matters concerning Indian affairs that I want to get up and di ose of in the morning hour.
r. WILSON. This bill was specially as signed last week, and was put aside to take up a railroad hill, and then had to give way to the internalrevenue bill, and I cannot yield any longer.
Mr. DOOLITTLE. This is the morning lionr.
Mr. SHERMAN. I can vouch that the business of the Military Committee has been crowded off day after day, and they ought to have a chance.
Mr. POMEROY. I think the Senfrom I Massachusetts might bring up his bill at one o’clock and allow the morning hour to be devoted to miscellaneous bills.
Mr. DOOLITTLE. As Senators seem to be giving notices and stating about what ought to be done, I will state what in my judgment ought to be done. We ought to go into executive session pretty early today. There are some pending Indian treaties necessary to be acted upon/before the Indian appropriation bill is acted upon, and the honorable Senfrom Maine having charge of that bill has in formed me that he will ress it within the next 2 or 3 days. ‘herefore, I wish to give notice to the Senate that I intend to move at an early hour to day to 0 into executive session, and I wish my frien from Massachusetts to give way and give the floor to Indian affairs they do not trouble the Senate very often and let his hill 0 over until the end of the morning hour. think we can dispose of 2 or 3 Indian questions in the morning hour today.
Mr. WILSON. I will take this up and specially assign it. for one o’clock.
Mr. DOOLITTLE. Assign it for tomorrow at one o’clock.
Mr. WILSON. No, I must have it up today.
Mr. CONNESS. I hope that if we are to consider the bill called up by the Senfrom Massachusetts we shall go on with it now. The Senfrom Wisconsin was not in his seat, I think, when we voted down the motion to take it up the other day. I was constrained to vote against the motion then, althouglil am in favor of the measure. I hope we shall go on with it now, without making any special assignment ofit.
The PRESIDENT protempers. The question is on the motion of the Senator lrom Massachusetts to proceed to the consideration of House bill No. (313. The motion was agreed to. JAMES P. JOHNSON.
Mr. ANTHONY. I ask the consent of the Senfrom Massachusetts and the unanimous consent. of the Senate to allow Senate bill No. 374 to be taken up and passed. It is a little bill for a poor fellow who has been waiting a long time. I am sure there will be no objection to it. By unanimous consent the bill (S.No.374 for the relief of James P. Johnson, was read the 2nd time and considered as in ComWhole. It is a direction to the SecyTressury to pay James P. Johnson, of Iowa. the sum of $202 50, in full payment for his services as veterinary surgeon in the 4th Iowa cavalry. The bill was reported to the Senate, and orderengross for a 3rd reading.
Mr. BROWN. Before this bill is passedI should like to hear some explanation of it.
Mr. ANTHONY. It is simply to pay a veterinary surgeon of one of the Iowa regiments for the term which he actually served, but owing to some informality he was not legally mustered in. The bill pays him precisely what the Dept says he would have been paid if he had been mustered in, and he ought to have been mustered in. The bill was read the 3rd time and passed. WYANDOTTE MISSION CHUllCH.
Mr. DOO'LITTLE. I ask unanimous consent to take up a little bill which has passed the Senate once, but it ought to be passed avain so that it may be acted on in the other house during the present. session. It is to pay for the destruction of 2 churches and a library, belonging to the Wy and otte Indians in Kansas. 1 am sure no one will have any objection to it and it will take but a moment.
Mr. POMEROY. I hope that bill will be passed at once.
Mr. DOOLITTLE. It is Senate bill No. 353. I ask unanimous consent. to take it up at this time. By unanimous consent the hill (S.No.353) for the reliet'oftbe trustees and stewards of the mission church of the Wy and otte Indians was read a 2nd time and considered as in ComWhole. It is in these words: Be it enacted. ltd" That for refundingto ] acobWhlte Crow. John Snrrahuss and others.trusteesand stew ards of the wy and otteand uindare mission of the Kansnsconferenceot theMc t iodistEpiseopalchurch. lfiobrratrhye. de.sotoru0c.tion of their church buildings and to beapplied in rebuilding said buildings and inclosing the graveyardsof the Wy and otto Indians in the State of Kansas.
Mr. DOOLITTLE. I move to amend the b“ill by striking out “ $6,000” and inserting $1, 680.” I will state to the Senate, and that explains all there is in the case, that 2 churches belonging to these Indians were destroyed by the border ruffians of Kansas. We. by treaty, were bound to pay any damages committed upon Indian property. The one church, a brick church, was a praised at $3,000; the other church and the ibrary at $1, 680. The member of the committee reporting the bill included another item in relation to a parsonage, about which there is a question, and the committee were not willing to press it upon the consideration of the Senate.
Mr. DOOLITTLE. It has been suggested to me that the usual appropriating clause is not. contained in the bill. I more, therefore, to insert after the word “dollars, ” in line 7, the words “he and is hereby appropriated out of any money in the Treasury of the U.S. not otherwise appropriated."
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendments were concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE noose. A messa c from the HoRep, by Mr. LLOYD, Chief Clerk, announced that the HoRep had concurred in the report of the committee of conference on the disagreeing votes of the 2 Houses on the amendments of the Senate to the JtResolution (H.R.No. 77) for the relief ofAmbrose L. Goodrich and Nathan Cornish, for carrying the U.S. mail from Boise City to Idaho City, in the Territory of Idaho. The message also announced that the HoRep had concurred in some and nMoncOrred in other amendments of the Senate to the bill (H.R.No. 127) making appropriations for the support of the Army for the ear ending 30th June, 1867, re nested a confgrence on the disagreeing votes 0 the 2 Housesthereon and hada pointed Mr. ROBERT C. Senssen, of Ohio, lt Mr. Wii.i.i.i.u E. Nin LACK, of Indiana, and Mr. E. B. wASHBURNE, of Illinois, managers at the same on its part. The message further announced that the HoRep had passed a bill (S.No.221) relating to lands granted to Minnesota to aid in constructing railroads, with amendments, in which it requested the concurrence of the Senate. ARMY APPROPRIATION BILL.
Mr. SHERMAN. I move to take up the Army approriation bill with a view to have a com'conference appointed. The motion was agreed to; and the Senate proceeded to consider its amendments disagreed to by the HoRep to the bill (H.R.No. 127) making appropriations for the support of the Army for the year ending 30th of June, 1867.
Mr. SHERMAN. I move that the Senate insist on its amendments, agree to the conference asked by the House, and that the President protempore appoint the conferees on the part of the Senate. The motion was agreed to. NORTHERN KANSAS RAILROAD.
Mr. POBIEROY. Senate bill No. 145, for a grant of lands to the State of Kansls to aid in the construction of the Northern Kansas railroad and telegraph, has been returned from the HoRep, with an amendment. I move to take it up for the sake of having a committee of conference on the disagreement between the 2 Houses. The motion was agreed to.
Mr. HENDRICKS. Some person, I do not now recollect who, suggested to me that that bill, as it comes from the House, ought to go again to the ComPubLands.
Mr. POMEROY. I have no objection to that reference. I only want to facilitate business. a
Mr. HENDRICKS. I do not know what is the present stage of the bill, but some person asked me to have that action taken. I do not know for what purpose, and I cannot now rec ollect who it was. Mi? BROWN. I believe the amendment that has been put on the bill in the HoRep does not meet with the approbation of anyone connected with the bill here in the Senate or on the committee, but it was proposed subsequentlyto dissent from the amendment of the House and ask for a committee of conference, ith a view of substituting the original bill K it passed the Senate. Probably that would be the better mode of arrivin at it as it is now so late in the session.
Mr. HENDRICKS. If Senators desire that this bill should go to a committee of conference I am not going to insist on the reference to the ComPubLands.
Mr. BROWN. I think it had better go to a committee of conference.
The PRESIDENT protempore. Does the Senfrom Indiana withdraw his motion?
Mr. HENDRICKS. It is rather unusual to send a bill to a committee of conference when an amendment is moral made in one House, but I withdraw the motion if Senators desire it.
Mr. POMEROY. I now move that the senate disagree to the amendment of the HoRep, ask for a committee of conference on the disagreeing votes of the 2 Houses, and that the managers on the part of the Senate be appointed by the Presidentprotom ore. he motion was agreed to. riissnnirs’s BUREAU.
Mr. WILSON. Ihope we shall now proceed with the bill before the Senate. The Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 618) to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes. The ComMilAffrs reported several amendments to the bill. The 1st amendment was to insert after section 3 the following, as section four: SEC.4. 11mi bei'lfilrlher Cllllt'ffd, That officei'sof the Veteran Reserve corps or of the volunteer service, now on duty in the Freedmen’s Bureau as asst commissioners.agents. medical officers or in other capacities. whose regiments or corps have been or may hereafter be musteredout of service may be retained upon such duty as officersof said with thesamecompensationas is now rovbiducrdeabuy. law for their respectivegrades; and the ccretaryof Warshull have power to fill vacancies until other oficora can bedetailed in their placeswithout detrimentto the public service.
Mr. DAVIS. I move to postpone the hill until the 1st Monday of December next. The motion was not agreed to.
The Secretary read the next amendment of the committee, which was to strike out section 5 of the bill in the following words: SEC.5. Abife: That for the purpose of renderiu this bureau self sustaining and in the place of lun s heretofore assigned to freedmen and there ufterwurd withdrawn from the control of the bureau. the President shall reservo from sale or settlement under the homestead or preemption laws and assign for the use of the freedmen and loyal refugees male or female. unocciipied public lniids in F orida Mississippi. Alabama. Louisiana and Arkansas not exceeding in all onemillion acresof good land. And the Commissioner shall cause the same under the direction of the President. to be allotted and assigned from time to time. in parcels not excceding 40 acres each.to the loyal refugees and freedmen who shall be protected in the useand enjoyment thereof for sue term of time and at such l annual rent as may be agreed upon between the Commissioner aans desduucphornefaugveaelusoarttio'rneeodfmtheen.laTnhde.rteontbael ascertained in such manner as the Commissioner may under the direction of the President. by regulation prescribe. At the end of each term or sooner, if the Commissioner shall assent thereto, the occupants of any parcels so assigned.their heirs and l assigns.may purchase the land and receive a title theretofrom the U.S.in fee.upon payment theeefor the value of the land ascertainedas afore sai.
Mr. WILSON. A separate bill has already passed and has become a law, which embraces the provisions included in this section and therefore the committee propose to strike it out.
Mr. HENDRICKS. I wish to ask the Senfrom Massachusetts what amount it is proposed to confirm under the tax sales under the 6th section. The quantity of land described in the 7th section is mentioned: but I am not able to see from the 6th section'what amount of lands will be confirmed; and I should like to know.
Mr. WILSON. There is a balance of 5 or 6,000 acres not occupied yet which it provides for on those lands; but I understand the amount occupied which is confirmed here to these person sis some 15 or 20,000 acres. They are in small lots that were set apart to these persons by the special order of the Government when we had possession of that part of the country and were providing for these persons so as to give them an opportunity to otain a livelihood.
Mr. WILSON. I am satisfied that we have acqnirerfn good title to the amount of about in our care, used by us, rented, and, u r other purposes, generally for the purpose of the freedmcu.
Mr. HENDRICKS. If the Senator will allow me, I wish to ask him one question. Have these titles ever received the investition of the law officers of the Government? as congress before it any statement of the facts connected with these sales so as to show their regu' larity, their fairness, or the propriety ot'confirming the sales? Have we any opinion of any law officer of the Government in regard to them?
Mr. WILSON. We have reports from the tax commissioners who went on the lands, levied the taxes, and sold the lands. Certain lands were bid in. Certain other lands were set aside for the use of the freedmen. by order. Other lands, about 6,000 acres, were set apart for the purposes of schools. They are rented now, I understand, for somethin" like $12,000, the proceeds of which are used for the bFnefit of the people living on the isl ands. I think myself that this arrangement is the best we can make, and will settle a great deal of the practical difficulty we have there, and therefore Ihope the amendment will be adopted.
The PRESIDENT protempore. Is the senate ready for the question on the amendment?
Mr. TRUMBULL. Is the question to be taken simply on striking out, or on inserting the other sections?
The PRESIDENT protemporc. The question is on striking out the 6th section and insertin in lieu of it what is printed in italics in the bi 1.
Mr. TRUMBULL. Is it on inserting the 6th section in italics, or on inserting all these other sections?
The PRESIDENT protempore. The question is on striking out the 6th section and inserting all the sections printed in italics down to and including section 12.
Mr. TRUMBULL. I wish to make a suggestion before the vote is taken. In section 11, after the word “lands” in line 7. I move to strike out the words “on the islands in the parishes of StHelena and StLuke." I do not know that it would alter the meaning of the section at all to strike out these words. The section provides for restoring to the former owners the lands which were seized by GenlSherman , excepting those which have been sold for taxes on these particularislands. Now, I do not know that any other lands have been sold for taxes, except upon these islands. The Senfrom Massachusetts thinks there are none. If that be so, it would not alter the eTTcct of the bill at all; but if in point of fact lands had been sold for taxes which were not upon those islands, the section, as it reads, would require their restoration to their former owners. Congress, I ‘ink, would not under take to do that, but. would leave it to the purchaser of those lands. if he has purchased them at. a tax sale, to maintain his title it" he could and not undertake to divest it. If there should be any other lands, it can do no harm to strike out the words, and, with the words'in, it would limit the tax titles to those particular islands.
Mr. WILSON. I have no objection to the amendment, but still the making of it will effect nothing. Within the boundaries of GenlSherman 's order were these islands; and on 40,000 acres of land; that it is airs, them are the only lands that have been sold for taxes, and they are now in the possession of the Government. It was proposed to surrender up all lands covered by GenlSherman’s field order to the owners excepting the lands on those islands that had been sold.for taxes. The Senator proposes to strike out. the lands on these islands. There are no lands that were sold for taxes exceptine r on the isly ands named in the bill, as I understand. I have no doubt on that point; stilll have no objection to the amendment.
Mr. TRUMBULL. lfthat is so, it cannot alter it. The amendment to The amendment was agreed to.
Mr. TRUMBULL. I think there is another amendment that ought to be made in section 12. After the word “States, H in line 5 of that section, I move to insert “and not here tofore disposed ofby the U.S.;” so as to make the section read: The Commissioner shall have power to seize, hold use, lease or sell all buildings and tenements and any lands pertaining to the same or otherwise.for merly owned b or claimed as the property of the socalled confe crate States, and not heretofore disposed of by the U.S. My object is to protect those who have purchased property that was seized and has been heretofore disposed of by the Government. There are some such cases. I be on to know of one where some lands were so under the direction of the Freedmen's Bureau and purchased by 3rd parties. Of course it is not intended to seize that property which has been parted with. The amendment to The amendment was agreed to.
Mr. HENDRICKS. I propose an amendment in the 9th section, to strike out in line 3 the words “determine the validity of, ” and insert the word “examine.” I presume the Senator havin the bill in charge will not object to this. do not think it would be for tunate to use words in this act which would confer ii on any authority other than the establishedpeourts of the country the right to determine the validity of titles. If my amendment be agreed to the section will then read, “that the asst commissioners for SCarolina and Georgia are hereby authorized to examine all titles to lands in their respective States which are claimed under the provisions, of GenlSherman ’s special field order, ” the It does not i: uire the establishment of a title, and I do not think we ought to confer upon a commission the power to fix titles.
Mr. THUMB LL. It seems to me that the word “examine” does not go quite far enough. I suppose the intention of this provision is to have the commissioners determine upon conflicting claims between the parties, not to pass in the legal sense a on the title as between the original owners oft ese lands and the persons who may claim them under GenlSherman ’s field or er; but the are to pass upon them in the nature of a lan officer or of commissioners who were sent out in early times, I recol lect, to examine the various grants which had been made to the early settlers in the North west under various resolutions and acts of congress. Those commissioners were appointed by Congress, and they proceeded to hear testimony and make a report upon the claims of different parties to lands. '1hey had them surveyed and set apart to them, and those titles have been held valid by the Government of the U.S. I suppose that that is what is meant by the language here used. It is some tiiiii more than to “examine, ” it seems to me tint word goes hardly far enough.
Mr. HENDRICKS. I suggest to the Senfrom Illinois that the following words accomlish what he thinks ought to be accomplishe; if the commissioner examining the title finds in the particular party “a valid claim” that is the language used in the 6th line if he finds a valid claim a warrant is to be issued upon the direct tax commissioners. What is intended to he meant by “valid claim” I am not sure that I know; but it does not require the fixing of legal title.
Mr. WILSON. I suppose the Senfrom India '1 does not CODSKIJEI‘that there is any in this case. Certain persons, as far ther, to the number of about 9 der GenlSherman ’s field or en upportions of lands in Georgia h Carolina amounting to between 1,000 and 35,000 ording to the best information we 'e propose that all the land now occupied under GenlSherman ’s order shall be released by the President to the original owners on the 1st of January next. This provision is that the asst commissioners or Georgia and SCarolina, who are now General Scott and General Tillson, shall examine the titles or claims l suppose “claims” is as good a l word as “titles’ of the persons holding land I under GenlSherman 's order, and decide: among them who have complied with the terms of that order, and then to give the iersons who have so complied a certificate of the fact. Then the tax commissioners are to survey the lands which have been bought in by the government at tax sales and give titles to small tracts of that land to these colored persons in lieu of the claims they have under GenlSherman ’sorder. the assteominissioners are to give a certificate so that they can obtain other land.
Mr. WILSON. Yes, sir. I do not think there is any objection to letting it stand in the form it is. If the language used had been “the validity of the claims, " instead of “ the validity of all titles, ” it would have been as well. I suppose it is only a sort of squatter claim anyhow. These persons went on to these lands in accordance with GenlSherman ’ s order. Our asst commissioners are to decide who has obtained a claim or a title according to the provisions of that order, in order to give such parties a certificate of the fact, that they may go elsewhere and be compeiisated for removing from these lands, so that the President can restore them to the original owners.
Mr. HENDRICKS. That is just the ar pose that I supposed the Senator wante to accomplish. He does not want to make the right of these men to depend on the validity of the title a legal right to the land in fee simple. He wants the Commissioner to examine the claims of these parties, and whichever party, as between contestants, has the better right, for the Commissioner so to adjiidgc, and upon that adjudication to give a warrant which may be located upon other land.
Mr. WILSON. That is precisely what we want to do.
Mr. HENDRICKS. Then the words I suggest will accomplish it more certainly than the words used in the section. Let it read, “ authorized to examine all claims to lands.” If you require the Commissioner to adjudge that there is a valid, legal title, it will defeat the very purpose, because there is no legal title, but simply a right of possession during Military occupancy, in my judgment. I modify my amendment by also proposing to strike out the word “titles'y in the 3rd lineI and inserting“ claims:” so as to read, “to examine all claims to lands.”
Mr. WILSON. I have no objection to that amendment. The amendment to The amendment was agreed to.
Mr. HENDRICKS. I think it is my duty to call the attention of the Senator having the bill in charge to the 12th section. That section providesThat the Commissionershall have power to soile. hold, use, lease, or sell all buildings and tenements, and any lands appertaining to the same or otherwise, formerly owned by or claimed asthe property of the socalled confederateStates, and any buildings or lands held in trust for the same byany person or persons and to usethe same or appropriate the proceedsderived therefromto the education of the freed people. I wish to ask of the Senator whether he holds that the (lefacio government of the confederate States was such a body or State as that it could become the owner of lands. This section assumes that the socalled confederate States could become the owner of real estate; in other words, that that government had a legal existence for the iirpose of acquirin title to land. I should think the Senator would hesitate before he would assume that position. That question is likely to arise in several shapes; I do not care to express any opinion about it: but it is proposed for the consideration of the Senator, I think, when he asks us to vote for the section. If that defuelo government could not acuire land, if it was not a legal existence for e purpose of acquiring land, any deed made to it during the war was simply a nullity. If it had ale:il existence in such a sense as that it could become the owner of lands, could be a grantee, then I presume the Government of the U.S. succeeds to that property; at least it would have a right to take possession of it.
Mr. WILSON. the confederate government somehow contrived to get into their possession buildings and lands. They had, I understand, in the State of Georgia alone what cost them more than $1,000,000 in buildings and lands for the purposes of their armyarsenals and other builings. They had some ver valuable buildings, property taken, used, an owned, or professed to be owned, by the confederate government. We have taken some of this property and sold it. This section simply proposes that we shall take possession of this property which, if anybody in the world has a title to it, Itake it the Government of the U.S. has, and that itshall be used for the benefitof education, and that when this bureau ceases to exist, the balance, whatever there may be of it, may he turned over to an State where it exists as a school fund. I thin it is a good way to dispose ofthat kind of property; and there will be several 100,000 dollars worth of it, I have no doubt.
The PRESIDENT protempore. The question is on the amendment of the committee.
Mr. WILSON. I move to amend the amendment by filling up the blank after the word “section” in line 11 of section 9 and in line 4 of section tea with the word “ 7.” 0
The PRESIDENT profempore. Those corrections will be made, no objection being interposed. The question now is on the amendment of the committee to strike out the 6th section of the bill and insert in lieu thereof the sections which have been read as amended. The aniendment, as amended, was agreed to. The next amendment of the committee was in section [ 7 ] 13. at the commencement of the section to insert the words “Abife:, ” and to strike out: i nWg hiieproenasthwee recognize the necessity and duty rest condition of freedm mofenaitd. ainngd resulting from the that need t'ul education which on frereesdsiinvcenptroejrued ciecievse laws and customs denied themin onhold in slavery: Therefore.
Mr. WILSON. I believe the amendments reported b the committee are disposed of.
Mr. WILSON. In section [four] 5, on the 4th page, I move to strike out lines 11, 12, 13, 14, 15, 16, and 17. The provisions granted there are embraced in another section of the bill in the new, amended 4th section. The words I propose to strike out are: And the SecyWar is hereby authorized, on therecommendation of the commissioner.tocon tinue in officeas surgeonsof the bureau. With their present rank. pay and allowances, the volunteer officersnow employed and to fill any vacancies With other volunteer surgeons.With like rank and compensation.unless suitable surzeons in the regular Army can be thus assignedto duty.
Mr. BUUKALEW. I move in.the 1st section, 5th line, to strike out the words “two years" and insert “one year, ” and on this amendment I ask for the yeas&nays. The yeas and nnys were ordered.
Mr. BUCKA LEW. This relates to the duration of the present measure, and will continue the operation of the bureau fully 4 months after the adjournment of Congress. There will certainly be time enough at the next session to consider whether it is necessary to extend this exceptional and peculiar system for a greater period of time than is conteni lated in the amendment submitted by me, w it h will extend it to about the commencement of July, 1867. The question being taken by yeas&nays, resiilte yeas 6, nays 26; 17. So the amendment was rejected.
Mr. BUCKALEW. I move to amend the 14th section by striking out all the section after the word “justice”. in the 38th line.
The Secretary read the words proposed to be stricken out, as follows: And after such State shall be fully restored in its constitutional relations to the Governmentand shall g: gulf represented in the Congressof the U.S.
Mr. BUCKALEW. The effect of this amendment will be to continue the action of this bureau until the courts both Federal and State are in complete and uninterrupted operation within the States which will be affects by this measure. Now, sir, the question whether a State shall be represented in Congress or not, has no necessary connection with the question l of the internal administration of justice in that 1 State. In other words, the organization of the ‘, State and Federal courts may be complete, and their action uninterrupted and perfectly satisi factory without an a justment or determination of the politica relations between the State and the Federal Government so far as regards membership in the Senate and HoRep. Therefore, sir, it is perfectly ab sur to make the continuance 0 this bureau as an instrument for the administration of justice dependent upon the future action of congress with reference to the admission of mem 1 ore from any particular State., If this measure, then, is to stand n on principle; if you are to have this exceptionaljnijs iction and the exceptional powers contemplated by this bill; and if you inteiid that they shall be exercised because there has been, or is, or may be, an interruption of the ordinary course of justice either in the Federal or State courts i this is what you intend, let your bill say so. My amendment will cause it to speak precisely that language, in conformity, I suppose, with the general object or idea upon which the measure is founded.
Mr. HENDRICKS. In addition to what has been said by the Senfrom Pennsylvania, I want to suggest that I am not ableto see the necessity of this section. If the civil rights bill has any force at all, I cannot see the necessity of repeating legislation atperiodsoftwo months to the same point. The civil rights bill is claimed to be a law, having the force of law, and it regulates the very matter, so far asI can now recollect, that the 14th section in this bill is intended to regulate. Are Senators not satisfied with the provisions in whatis called the civil rights bill, or do they think that by re'enacting tesame matter it will acquire some validity? I heard of a client employing an attorney to bring a suit, who a few days afterward returned and asked if the suit was brought. He was told that it was, and then he handed out some more money as a retaining fee and said he wanted the man sued harder. [Laughter] If it isnecessary for Congress to legislate harder than it has already done in what was called the civil rights bill, perhaps this section is necessary. The same matters are found in the civil rights bill substantially that are found in this section. I think the whole section might be stricken out.
The PRESIDENT profem ore. The question is on the amendment oft e Senfrom Pennsylvania. The amendment was rejected.
Mr. HENDRICKS. As a matter of form, for I know it will not be adopted as the amend mcutjust proposed was not, I move to strike out the 14th section.
Mr. TltUMBULL. I know the Senator did not; but the bill for which he voted the other day did authorize the SecyTreasury to give whatever salary be pleased. The Secretary could, under the bill that the senator supported and voted for, pay $10,000 to a single individual. I opposed it because I would vest no such authority in the SecyTreasury. I thought that it was a corrupting fund, not that he will use it that way, but it is a fund that may be used for corrupt purposes. I would not lead the SecyTreasury into temptation; I would not corrupt the clerks by expectations of reward out of this fund place in his hands and without limit. But what is this proposition? This proposition is to employ certain clerks or agents at a salary of not less than $500 nor more than $1, 200, limited exressly. But, savs the senator, the officer who is to employ these clerks may employ as many as he pleases. Not at all. He is limited b the POTUS; it must e under his direction; and I know the Senfrom Indiana has just as high a regard for the POTUS as I have; at least, I trustl believe he professes to have a reg and he does not believe the PreU.S. would abuse this that you have a guarantee here i higher and above a Secretary. Th sioner can employ nobody except i underthe direction of the President, wh the confidence of the Senfrom Indiana. Therefore, I think he cannot apprehend that there will be any abuse under this provision of the bill. The amount of salary is limited. Certainly the services of a clerk ought to be Worth as much as $1,200, which is the maximum, if he is a faithful clerk.
Mr. WILSON. I takeit we would all agree with the Senfrom Indiana and fix the number of officers and define their pay if it was in our power to do so; but we do not know precisely the number of officers that will be needed and we cannot tell the exact amount of their duties. In one State it will be much larger than in others. We have, therefore, been driven to the necessity of allowing the Commissioner, under the direction of the President, to a point these officers, “so far as the same shall) be, in his judgment, necessary for the efficient and economical administration of the affairs of the bureau." The object is to have as few employees as it is possible to get along with, and to pay them at the cheapest rate. We authorize them, in order to avoid the necessity of appointing new men, to detail men from the Army. We provide, also, that the clerks appointed shall have a salary of not less than $500 nor more than $1, 200, and the persons to be appointed will receive a salar somewhere between those 2 sums. I thin the provision of the bill as it now stands is imposed upon us by the very necessities of the ease. Wherever we can define the number of officers and fix their salaries, I think it is our duty to do it; butI think we cannot do ithere; and I hope, therefore, that the amendment will not be adopted.
Mr. FESSENDEN. This is a retty extensive power provided for in this)ill. The exercise of it is very large. As the Senfrom Indiana observed, the' number seems to be unlimited and the pay not fixed. Ordina rily, I should be very much averse to granting such a power; but inasmuch as 2 very distinguished Senators who have carefully examined the subject the honorable Senfrom Massachusetts and the honorable Senfrom Illinois and the committee of which the honorable Senfrom Massachusetts is chairman who have thoroughly examined the subject, have come to the conclusion, and tell us as the result of their examination, from their acquaintance with the subject and their famil iarity with it, that they are satisfied there is an absolute necessity for the purposes of the government that it should be granted, and as I have not examined, the question and cannot pretend to be able to correct them, I shall yield my opinions to theirs, according to my usual custom. Notwithstanding that they would not attach the slightest consequence the other day to my assertion and the assertion of the ComFinance that they had thoroughly examined the subject then under consideration, and in their judgment there was no other mode in which the business could properly be done, I am dispoaed to carry out my own principle of action with regard to committees instead of following their example. [Laughter] The amendment was rejected.
Mr. HENDRICKS. I have one ine re amendment to suggest, and then as far as I am concerned the bill may abide its fate. I move to strike out all after the 27th line in the 3rd section.
The Secretary read the words proposed to be stricken out, as follows: And all personsappointedto serviceunder this act and the act to Whlf this is an amendment shall be so far deemedin the military service of the U.S.as to be under the military jurisdiction and entitled to the military protection of the Government while in dischargeof the dutiesof their offico.
Mr. HENDRICKS. I make this motion ' because I do not think that this bureau will] in fact be a part of the Army of the U.S.; it will not be organized as a part ofithe Army; nor will it have the duties to discharge which belong to the Army. In no proor sense, speaking the truth, is it a arti oft e military force of the country; an to’ say that it shal be regarded as a part of the i Army under the military law is simply to force; it into that position. It does not properly belong there. It is civil service, to superintend civil rights, to protect civil rights, as it is claimed by the authors of the bi l, and to secure men in their personal privileges, and ought not in any sense to be connected with the Army, so far as the government of the persons connected with it is concerned. This is the objection that I harm to these words.
Mr. WILSON. not be agreed to. The amendment was rejected.
Mr. DOOLITTLE. If that clause is to stand, and they are to be regarded as in the military service for protection, they ought to be regarded as in the military service so as to be subject to the Rules and Articles of War, to be liable to be tried and punished for any irregularity or improper conduct. I suggest to the Senfrom Massachusetts whether the clause ought not to be amended in that Way. If they are to be in the military service for protection the ought to be in the military service for trial an punishment.
Mr. WILSON. I think that is covered by the language of the clause. They are certainly so considered. Some of them are now under arrest, and are to be tried by court inartial. The provision is this: And all persons appointed to service under this act and the act to which this is an amendment shall besofar deemed in the military serviceof the U.S. to be under the military jurisdiction, and entitled to the military protection of the government while in the dischargeof the dutiesof their shine. I think the words “under the military juris diction” subject them to trial by court mar tial for any improper conduct; and that is the object, to have the persons who are thus appointed tried by court martial for any miscon not.
Mr. DOOLITTLE. I think it would be safe to amend the clause. The language, “ under the military jurisdiction and entitled to the military protection of the Government, " would perlliaps protect them, but not subject them to tria.
Mr. WILSON. “Shall be so far deemed in the military service of the U.S. as to be under the militaryjnrisdiction." They are to be in the military service so as to be under military jurisdiction; to be under the control of the military authorities, and of course to be tried by court martial; and then it provides that they shall be “ entitled to the military protection of the Government.” I think it is right. The bill was reported to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed and the bill be read a 3rd time. t was read the 3rd time.
Mr. HENDRICKS. I think this is a veryobjectionable measure, and regret to see it pass; but I am well aware that any argument that could be made upon it. at this sta e of its consideration, would not influence its ate, and therefore I do not propose to take up the time of the Senate in its discussion further than to say that in the 'very nature of the thing. an institution of this sort cannot bring good either to the white or to the colored race, in my judgment. I do not believe that any bureau can be a success which sends men into a community to govern a art of that community. There is no society in NewEngland, there is no society in the Northwest, which can be governed well for the country under a system ike this. I think during the last 6 months we have had so much information in regard to the practical operation of this bureau as to call upon men to hesitate before they continue its existence for 2 years longer. My information upon the subject is, and it is that upon which I rely, that this bureau has been a cause of evil and disturbance in the southern States, and has not secured to the colored people that blessing which is any compensation to the country for the enormous expense it is upon the national Treasury. The bill was passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. I.i.ovn, its ChiefClei'k, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 609) to constitute Omaha I'hope the amendment will and Nebraska City. in the Territory of Nel brasku and StPaul, in Minnesota, ports of delivery; A bill (H.R.No. 611) to provide for making the town of whitehall, I NewYork, a port. of deliver A bill (H.R.No. 726) to extend to certain persons the privilege of admission. in certain cases. to the U.S. Government Asy lum for the Insane; and A bill (H.R.No. 727) declaratory of an not entitled "An act authorizing the SecyTreasury to issue registers to vessels in, certain cases, ” approved February 10. 1866. The message turther announced that the HoRep had passed a bill (S.No.313) to regulate the transportation of nitro gl cerine or glynoin oil, with aiueiid merits, in which it requested the concurrence of the Senate. The message also announced that the HoRep had agreed to the amendments of the Senate to the bill (H.R.No. 179) amendatory of the organic net of Washington Territory, and also to the bill (H.R.No. 145) granting land to A. M. Jess, of Josephine county, Oregon. EXECUTIVE SESSION.
Mr. DOOLITTLE. I move that the Senate now proceed to the consideration of executive business.
Mr. WILSON. I hope not. The motion was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, June 26, 1866. The House met at 12 o’clock to. Prayer by the Chaplain, Rev. C. B. Bovxrox. The Journal of yesterday was read and approved. ABUSE of FRANKING PRIVILEGE.
Mr. ALLEY. I am directed by the comPostOffice to submit a resolution. together with a communication I have received from the PostMGenl. I hope there will be no objection to the introduction of the resolution at this time.
The Clerk read the resolution, as follows: Renolverl.That the ComPostOffice be directedto inquire if any fhrther ilenggislation is neccssary to prevent frauds on the frank repoprrtivbilyege and to preventabusesof the same and bill or otherwise. There was no objection.
Mr. O’NEILL, by unanimous consent. submitted the following resolution; which, under the law, was referred to the ComPrintg: Resolved.That there be printed for the useof this House 500 copiesof the existing tariff act. PACIFIC RAILROAD.
Mr. PRICE. by unanimous consent, reported back Senate bill No. 20, granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to “the Pacific coast, with amendments; which were ordered to be printed and recommitted.
Mr. BEAMAN mtRtv the bill and amendments were recommitted; upon the table. agreed to. LEAVE or ABSENCE. On motion of Mr. MOULTON, leave ofab sence was granted to Mr. BAKER on account of illness. DORENCE ATWATER.
Mr. SCHENCK. Mr. Speaker, a resolution was passed yesterday referring to the ComMilAffrs an investigation into the conduct of certain officers of the War Dept in the case of Dorence Atwater, and also 2 memorials on the same subject. desire, after conference with my committee this morning, to say that the ComMilAffrs, from the pressure of unfinished business yet upon their docket, will be unable to give attention to a case of this kind, where witnesses must be examined and a some what extended investigation entered on. I ask, therefore. at the request of the ComMilAffrs, that committee be discharged from the further consideration of the resolution, as well as of the 2 memorials; that ii select committee of 5 be appointed to in vestigate and report on this subject, suggesting as a very proper chairman of that committee the Gentfrom NewYork [Mr. HALE] not now present, who introduced the subject ‘to the attention of the House. There was no objection, and it w accordingly.
The Speaker subsequently the appointment of the following tlemen to constitute the select comltonss'r S. HALE of NewYork, Mr. E. woonnnipor: of Vermont, Mr. THORNTON of Illinois.
Mr. HAl HERT E. of Wisconsin, and Mr. ] ous W. LONGYEAR of Michigan. PAYMENT OF TROOPS.
Mr. BINGHAM, from the ComMilAffrs reported a bill to provide for the payment of the 6th, 8th, and 11th regiments of Ohio volunteer militia, of Cincinnati, &c.; which was read a 1st and 2nd time.
Mr. KASSON. Were these men mustered into the U.S. service?
Mr. BlNGI'IAM. Yes, sir is limited to 31 days.
Mr. KASSON. May we not violate the precedent?
Mr. BINGHAM. There is no violation of precedents. I demand the previous question.
Mr. ELDRIDGE. What special circumstances demand this special legislation?
Mr. BINGHAM. Simply because of the ruling of the Dept that they are not within the revisions of existing law.
Mr. EL RIDGE. Are there no other cases like this?
Mr. BINGHAM. Let the report be read. The report was accordingly read.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. BINGHAM. I now demand the previous question on the passage of the bill.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. BINGHAM mtRtv the bill was passed; on the table. agreed to. 37TH IOWA VOLUNTEERS.
Mr. WILSON, of Iowa. I wish to add something to the statements made b my colleague. In 1863, after this regiment ha been mustered into the service, it was discovered that it was not the intention of the Dept to allow bounty to its members. An amendment was made to a Senate bill, upon the motion of one of the Senators from Iowa, providing for the payment of this bounty. 'lhat bill came to this House, and was referred to the ComMilAffrs. The subject was placed in the hands of Mr. Odell, of NewYork, then a member of the committee, for investigation. He afterward told me that he had applied to the War Dept to know what the intention of the Dept was in relation to the bounty of this regiment, when he was informed that it was intended to treat the 37th Iowa infantry precisely the same as olher reg iments were treated. Not being satisfied with that, I made a personal application to the SecyWar to know whether the information I had received from
Mr. ALLISON. I will now call the previous question unless some gentleman desires to speak upon the bill.v hff. SCHENCK. I desire to explain why tire ComMilAffrs reported as they l.
Mr. ALLISON. I will withdraw the call for the previous question.
Mr. WILSON, of Iowa. Will the Gentfrom Ohio [Mr. Seni ixex] yield to me for a moment?
Mr. WILSON, of Iowa. I merely wish to have justice done the members of this Iowa regiment. The gentleman says the members of this regiment agreed that they would not ask for bountics. Now, a part of this regiment, a considerable portion of it, was raised in my district; and I know that the uniform representation which was made by those who were recruiting was that the men would receive boun ties. That was the impression and belief of the men when the enlisted in this regiment.
Mr. SPALDING. 'I desire to inquire if the members of this regiment, to whom it is proposed to give this bounty, will be embraced within the provisions of the equalizing bounty bill which has gone to the Senate. It so, then what reason is there for passing this special bill providing for this Iowa regiment, when they will come in under that general bill?
Mr. ALLISON. Iwill answer that question by saying, in the 1st place, that the bi l equalizing bounties has not 'et passed the Senate.
Mr. ALLISON. In the next place, these men were mustered into the service of the U.S. for 3 years or during the war; and they performed faithful service fortwo years and 5 months under the order of the War Dept without reference to the terms of the order mustering them into service. And they are on titled to the same bount that has been paid to other faithful soldiers o the Republic.
Mr. SPALDING. Has this bill passed the Senate?
Mr. ALLISON. If the genera bounty bill fails there is no reason wh these men, who have served in the Army or 2 years and 5 months, should not have the same bounty that has been paid to the soldiers. That is the reason why we propose the assafip of this bill now. As my colleague [iiln ILSON] has stated, we have already. nted bounty to the colored soldiers of the Republic, and to every soldier who has served in the Army more than 2 years, except this 37th regiment of Iowa volunteers., Now, I ask upon what ground can we make an exception against these men, when, although mustered into service for garrison duty only, they were subject to the orders of the War Dept, and were act equally required to go into the field, and did serve in the field, filling the places of those who had been ordered East for the purpose of reenforcing the army of GenlGrant. It seems to me that there can be no objection to pay in these bounties to these men. And now will call the previous question upon this bill.
Mr. SPALDIN. I ho c this bill will be postponed until the 1st i onday of Decem her next, and then, if the general bill is not passed, we can pass this bill.
Mr. ALLISON. This bill can do no harm. 2 years ago the bill passed the Senate of the U.S. to pay bounty to these soldiers, and it only failed to become the law because the SecyWar said he could under existing law pay these soldiers the same bounty as other soldiers who had been mustered into the service for the same period of time. I demand the previous question on the motion to reconsider.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the vote by which the bill was laid upon the table was reconsidered. Mr. ALLISON demanded the previous question on 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. Mr. ALLISON demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. SPALDING demanded the ycas&nays. The House divided; and there were ayes 15. Mr. SPALDING demanded tellers on the yeas&nays. Tellers were ordered; and Messrs. Sumatra and Aunsox were appointed. The House again divided; and the tellers reported ayes 24; more than one 5th of those present. So the yeas&nays were ordered. The question was taken; and it was decided in the affirmative yous 80, nays 31, not voting 71; So the bill was passed. Mr. ALLISON mtRtv the bill was passed; upon the table. agreed to. SALT LAKE AND COLUMBIA RIVER RAILROAD.
Mr. HENDERSON. I ask unanimous consent that the ComPacRailroad be dischargedfrom the further consideration of Senateiill No. 336, granting lands to aid in the construction of a railroad and tele ph line from Salt Lake City to the Colum ia river, and that the some he referred to the ComPubLands. There was no objection, and it was ordered accordingly.
Mr. SPALDING mtRtv the bill was referred to the ComPubLands; upon the table. agreed to. INSANE ASYLUM.
Mr. ANCONA, by unanimous consent, from the ComMilAffrs, presented a bill to extend to certain persons the privilege of admission, in certain cases, to the U.S. Government Asylum for the Insane; which was read a 1st and 2nd time. The bill was read. It provides that civilians employed in the U.S. uartermaster and1 subsistence depts who may have become or may hearafter become insane in such employment, shall be admitted the same as persons belonging to the Army a pay the benefits of the asylum for the i in DistCol. The follo cla he are to be admitted to the asylum und'e order of the SecyWar: 1. Men who while in the service of the U.S. Army and Navy have been admitted into the said asylum, and have been thereafter discharged therefrom on the supposition that they had recovered their reason, and have within 3 years become again insane and have no ade quate means of support. 2. Indigent insane persons who have been in the same service and Iiave been discharged on account of insanity. 3. Indigent insane who have become such within 3 years after discharge from such service from causes which arose during and were produced by said service. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. ANCONA mtRtv the bill was passed; upon the table. agreed to. AMBROSE L. GOODRICH AND NATHAN CORNISH.
Mr. FARQUHAR, from the committee of conference on the disa reeing votes of the 2 Houses, on the ampnments to House JtResolution for the relief of Ambrose L. Good rich and Nathan Cornish, submitted the following report: the committee of conference on the disagreeing votesof the twoHouseson the amendmentsto House resolution 77, entitled “Jtresolution for the relief ofAmbrose L. Goodrichand Nathan Garnish, for carrying the U.S. mail from BoiseCity to Idaho City. in the Territory of Idaho, ” haying met, mafetenrd, full and freeconferencehave agreedto recomand do recommend, to their respectiveHouses as follows; That the Senate recede from that part of their 1st amendmentwhich provides "that the amouiit to beallowed shall not exceed$20,000, a"ndthat said amendment be so modified as to read. "Promded. glisttemiiTafimount to he allowed shall not exceed HTmhamt th“e House concur in the Senateamendments JOHN CONNESS. 1.M. murmur. Managecr.sit. nuexannw. only be part of the Senate. JOHN H. FARQUHAR, Dw.C. McItUE. Manager: E. FINCK. on the part of the home. The report was agreed to.
Mr. FARQUHAR mtRtv the report was agreed to; on the table. agreed to. TARIFF BILL.
Mr. LAFLIN, from the ComPrintg, reported the following resolution; which was read, considered, and agreed to: Resolved.That there be printed for the useof this House 1,000 extra copies of the tariff bill lately reported.
Mr. LAFLIN, from the same committee, also reported the following resolution; which was read, considered, and agreed to: Ileaolued, That there be printed for the useof this House, 500 copiesof the existing tariff act. NITRO GLYCERINE.
Mr. ELIOT called for the regular order of business. The House accordingly proceeded to the consideration of the regular order of business during the morning hour, being the calling of committees for reports, commencing with the ComCommerce.
Mr. ELIOT, from the ComCommerce, reported back with amendments Senate bill No. 313, to regulate the transportation of nitro glycerine or glynoin oil. The amendments reported by the committee, mostly of a verbal character, were agreed to.
Skip Skip The bill, as amended, was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed. Mr. ELIOT mtRtv the bill was passed; upon the table. the bter motion was agreed to. u
Skip Skip MESSAGE FROM THE SENATE. A. message from the Senate, by Mr. Foasnv, its Secretary, informed the House that the senate had passed an act (S.No.853) for the relief of the trustees d stewards of the mission church of the Wyau otte Indians, in which he was directed to ask the concurrence of the House. 4 Also, that the Senate had passed an act to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts ameudatory thereof, with amendments, in which the concurrence of the House was requested. ISSUE OF REGISTERS TO VESSELS.
Mr. ELIOL' from the Commitee on Commerce, reported a bill declaratory of an not entitled “An act authorizing the SecyTreasury to issue registers to vesse s in certain cases, " approved February 10, 1866; which was read a 1st and 2nd time. The bill provides that the act approved Feb ruary 10, 1866, entitled “An act urther to reg ulate the registering of vessels, ” shall not be deemed or construed to affect in the least the operation of the act approved December 23, 1852, entitled “An act authorizing the SecyTreasury to issue registers to vessels in certain cases, ” but that the same shall be in full force and effect, anything in the act 1st aforesaid to the contrary notwithstanding.
Mr. SCOFIELD. If the Gentfrom Massachusetts is goin to explain the bill I have nothing to say. only wanted to know how he expects that it will change the existing law. It does not appear from the bill itself.
Mr. ELIOT. I will state that some years ago there was a law passed which authorized, in case aforeign built vessel was wrecked upon our shores and was purchased by an American owner and an expense equal to 3 times the consideration money was put upon the vessel, the registry of that vesse as an American bottom. Ou the 10th of February, 1866, this Congress passed an act requirin that where vessels had chau ed ownership urin the rebellion, which ha been American an had been placed under foreign protection, those vessels being repurchased by the American owners should not be entitled to American registers except by act of Congress. In point of fact, such was the law before, as I Iielieve, but there was a misunderstanding or doubt at the Treasury Dept, and it was deemed advisable to make the law certain, and so the act of February last was passed. Now, since that time, it has been contended at the Treasury Dept that the “wreck act" of 1852 was in some way interfered with by the act of February, 1866. Well, it was not the intention of the ComCommerce to interfere at all with that “wreck act, ” as it is called, and in order to remove all doubt upon that subject this bill simply provides that the act of February 10, 1866, shall not be construed to limit the operations of the act of 1852. That is the whole story. The bill was orderengross and read a 3rd time; and being engrossed, it was accordin 1 read the 3rd time and passed.
Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. REGISTRY of vussuts.
Mr. ELIOT also, from the same commit tee, reported a bill authorizing the SecyTreasury toissuecertificates of registry or enrollment and license to certain vessels; which was read a 1st and 2nd time. The bill was read.
Mr. PIKE. I would like to inquire what are the circumstances requiring the passage of this I
Mr. ELIOT. The vessels to which this bill refers are all of them, I believe, with one exception, vessels built in Canada for the purpose of being used in the lake trade, which have been purchased by Americans and which since the a retion of the reei rocity treaty, it is found,0 course, impossible to use advanta QQOuslywithout American registers. There is One exception to that, a schooner which was wrecked and which, being wrecked, was purchased by an Englishman. No bill of sale was made; I mean no customhouse bill of sale, but a bill of delivery, and the vessel being wrecked, was raised and being found to be but little injured, was put in or er, and sold on the spot to its present owners. They found upon a)plication at the customhouse that although the vessel had never sailed under any foreign flag at all, yet. that the momentary ownership by a foreigner prevented their obtaining an American register, and this enables them to do it. With that exception, the vessels are all foreign built.
Mr. PIKE. I would inquire what role the committee have adopted, and whether they propose to admit any foreign built vessel and sold onafide to American owners to an American register. Ifthat rule is to obtain, if we are to import foreign built vesselsin this indirectway, an thus in effect repeal the navigation acts, we should tax these vessels as we do other importations. Let them be assessed for% or 30% or such adv orem% age as may be deemed proper. I am not disposed to interfere with these particular cases, for I know nothing about them; but it seems to me that this admission of foreign built vessels by wholesale to American registers does in effect repeal the navigation acts of the country.
Mr. ELIOT. The ComCommerce have no idea of entering upon any such legislation as that. It has so happened, since the abrogation of the reciprocity treaty, that quite a number of vessels almost all, without exception, small vessels, used upon the lakes and in the lake trade between this country and Canada it has happened that quite a number of these vessels, being the property of Americans, and bein purchased new by Americans, have been seeking the protection which American papers would give them. The ComCommerce have confined themselves almost exclusively to the consideration of those cases, having considered no others, except very exceptional cases. The gentleman. I think, need not apprehend that the ComCommerce will recommend any legislation tending to affect at all the navigation laws of this counti? Certainly, so long as I may be a member of the committee, no such recommendation will be made without protest on my part.
Mr. PIKE. I want to make one more inquiry of the gentleman. I understand that during this session some 30 vessels have alrea y in some way been admitted to American registers. I should like to inquire whether that is true.
Mr. ELIOT. I should think not. I think t hatif the gentleman would say 15 or 20 he would)e nearer the fact.
Mr. PIKE. The gentleman stated that all of these vessels are foreign built except one. I ask him to designate that one.
Mr. ELIOT. It is the M. C. Rowe, a vessel from Gloucester, Massachusetts.
Mr. PIKE. I will inquire whether she was “whitewashed, ” as it is termed whether she took a foreign register for the purpose of avoid in the risks incident to the war.
Mr. ELIOT. I wonder that the gentleman should make that inquiry. I should be the last person to recommend the granting of u. re ister in such a case.
Mr. PIKE. I ask the gentleman to yield to me to make a motion to amend by providing that these vessels shall be assessed at 30%. advale rem.
Skip Skip Mr. ELIOT. I cannot yield for any such purpose. I call the previous question. he previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to a 3rd reading, and was accordingly read the 3rd time. On the passage of the bill, there were ayes 51, noes not. counted. Mr. LYNCH called for the yeas&nays. The yeas&nays were not ordered. So the bill was passed., Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. wHITEIXALI., NEWYORK.
Mr. ELIOT, from the ComCommerce, reported back the bill (H.R.No. 611) to provide for making the town of whitehall, NewYork, a port of delivery, with a recommendation that it pass. The bill, which was read, provides that the town of whitehall, in the State of NewYork, which by existing law is a ort through which imported merchandise may e exported in bond and for drawback to the adjacent British North American Provinces, be constituted a port of delivery within the collection district of Cham plain, and that a deputy collector as now authorized by law shall reside there, and shall receive the same compensation as is now paid to the deputy collector now stationed at that 021. The bill was orderengross and read a 3rd time; and being engrossed, it. was accordingly read the 3rd time.
Mr. HALE. This bill, as Innderstand, does not propose to divide the district of Champlain or create any new office.
Mr. ELIOT. It simply makes whitehall a port of delivery. That is the whole of it.
Mr. HALE. It does not provide for any new office?
Mr. ELIOT. No, sir. The letter which I send to the Clerk’s desk to be read willgivethe gentlemen the information he seeks.
The Clerk read as follows: TREASURYDEPT.June 14.1866. SIR: I have the honor to acknowledgethe receipt ofyour note of the 6th instant. transmitting for my views " House bill 611.proosimr to make White hall. in NewYork a port 0 delivorvi" and to reply that by the act of.Innuary 10.1819.chapter 14, (9 Statutes.341.)and the reclamation of the President of March 2. 1849, (9 tatutes.IWZ.)the privilege was extendedto whitehall to export to the British Provmccs goodswith‘the benefit of drawback; and it seemsto methat its portance location and commercial i m make its proper point for a.port of deliv ory. As no additions expense is measuretherecan be incurred by the no reasonableObJUOUODto it. Very respectfully. HI MCCULLOCH‘ SecyTreasury. Hon. T. D. ELio‘r. of the committeoenComuicrceJImue of Representation.
Skip Skip The bill was passed. Mr. ELIOT mtRtv the bill was passed; reconsider on the table. agreed to. PORTS OF DELIVERY.
Mr. ELIOT, from the ComCommerce, reported back, with amendments, the bill (H.R.No. 609) to constitute Omaha and Nebraska, in the Territory of Nebraska, ports of delivery. The bill. which was read, provides that Omaha and Nebraska City, in the Territory of Nebraska, shall be constituted ports of deliv ery and shall be subject to the same regulations on restrictions as other ports of delivery in the U.S.; and there shall be up vointed a surveyor of customs to reside at each i of said ports, who shall, in addition to his own duties, perform the duties and receive the salary and emoluments of surveyor prescribed by the act ot'Congress approved on the 2d of March, 1831, providing for the payment of duties on im orted goods at certain orts therein mentione, entitled “An act allhwing the duties on foreign merchandise imported into Pittsburg, Wheel in, Cincinnati, Louisville, StLouis, Nash vil e, and Natchez, to be secured and aid at those places.” It is further provided t mt the towns of Omaha and Nebraska City shall be annexed to and made a part of the collection district of NewOrleans, and all the facilities and privileges atIorded by the act of Congress of March 2, 1831, shall be extended to the ports of Omaha and Nebraska City. The amendments reported by the committee were read, as follows: 1st amendment: Insert after the word “Nebr ska: at the and of line 3, the words“and Stsul. in the State of Minnesota.”
Skip Skip The amendment was agreed to. 2nd amendment: Insert after the wornd "city, " injlno 17, the words “ and StPaul.
Skip Skip The amendment was agreed to. 3rd amendment: Insert at the endof line 22 the words “and StPaul."
Skip Skip The amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. The amendment to the title reported by the committee was read, as follows: Amend thr title so asto read." A bill to constitute Omahaand Nebraska, in the Territory of Nebraska and StPaul, in Minnesota, ports of delivery."
Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM TflE SENATE. A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had passed without amendment a bill (H.R.No. 391)entiiled “An act to create the office of surveyor general in Idaho Territory.” The message also announced that the Senate had iassed House bills of the following titles, with amendments, in which the concurrence of the House was requested: An act (H.R.No. 179) amendatory of the organic act of Washington Territory; and An act (H. It. No. 618) to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the government, to pay interest on the public debt, and for other purposes, ” approved June 80, 1864, and acts auiendatory thereof. The message further announced that the senate had passed bills and a JtResolution of the following titles, in which the concurrence of the House was requested: An act (S.No.297) for the relief of the owners of the British vessel Magicienne; An act (S.No.874) for the relief of James P. Johnson; An act (8. No. 358) for the relief of the trust ees and stewards of the mission church of the Wyaudotte Indians; andJtResolution (S.No.118) for the construction of a railroad bridge across the Guyahoga river over and upon the Government piers at Cleveland, Ohio. PORT OF ENTRY, PUGET SOUND.
Mr. ELIOT. from the ComCommerce, reported a bill to change the port of entry in Puget sound; which was read a 1st and 2nd time. The bill provides that from and after the lst day of October, 1866, the port of Port An gelos, in the district of Puget Sound, in Washington Territory, shall be abolished as a ort of entry, and that Port Townsend sha be established as the port of entry and delivery for that district.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. PILOTS AND PILOT REGULATIONS.
Mr. ELIOT, from the ComCommerce, reported a bill relating to pilots and pilot regulations; which was read a 1st and 2nd time. The bill provides that no regulations or provisions shal be adopted by any State of the U.S. which shall make any discrimination in the rate of pilotage or half pilotage between vessels sailing between the orts of one State and vessels sailing between the ports of different States, or any discrimination against vessels propelled in whole orin art I) steam, or against national vesselsof the nize Suites; and all existing regulations or provisions making any such discrimination are annulled and abrogated.
Mr. RANDALL, of Pennsylvania. Does that apply to river pilots? They are now under State aws. Mr. EGGLESTON. It only applies to ocean pilots.
Mr. ELIOT. Mr. Speaker, the object of this bill is to prevent States from passing pilot laws discriminating in favor of their own State and against other States, discriminating against vessels which come from ports in other States to ports in the given States, and vessels which come from one port to another in the same State, and discriminating against national vessels. That is the object of the bill. If it passesthe effectwill be to aniiul all regulations which tend to make such Obnoxious discriminations. In the laws of some States there are provisions which discriminate against vessels which come from the Atlantic coast, and make discriminations in favor of vessels which come from the Pacific coast: which discriminate in favor of vessels sailing from port to port within their own State and against vessels whichsail from ports in other States to ports in their own State. The object of the bill is. to prevent that.
Mr. RANDALL, of Pennsylvania. I have no objection to any bill which proones to prevent any unfair discrimination. Yow the State of Pennsylvania and the State of NewYork fix certain prices they allow pilots to charge for bringin vessels in and taking them out of port, and do not think the Government of the U.S. should interfere with the regulations of the States. I ask whether this practically interferes with the laws of the States in reference to the charges of pilots.
Mr. ELIOT. Not at all, beyond the extent I have stated. The bill is a simple one and I ask it be again read. The bill was again read.
Mr. O’NEILL. I do not wonder my colleague from the 1st district [Mr. RANDALL] WISTlBdto have this bill read and its provisions explained to the House, as it affects the commerce of the Delaware river, which runs alon side his district as well as my own. The hi I seems to look to this. The State of Pennsyl vania has its own pilot laws. They regulate the charges of pilots for iloting vessels up the rivers in our own State. his is recommended b the ComCommerce, and it is desirable the bill should be passed so that these pilots shall brin vessels into the Delaware river just as ift ey brought them from Done port to another on the river. I think it is Just, and my colleague need not be alarmed about its interfering with the laws of Pennsylyania in reference to pilots, unless in providing the charges shall be the same.
Mr. RANDALL, of Pennsylvania. I ask the Gentfrom Massachusetts to yield to me for a moment.
Mr. RANDALL, of Pennsylvania. If all the gentleman has stated in iis eXplanation were in the bill it would be a different matter; but the object he says he seeks to ace m lisg is not borne out by the Ian uage of th il. do not think the terms use are as plain as ought to be; and my if the object be as stated, 1 0 not. see why gentlemen should object to adding a proviso to the effect that the Federal Government shall not attempt to control or interfere with State laws in reference to these pilots. Now, I am not aware that any abuse has been complained of in reference to these pilots. I do not know that any petition has been presented on the subject, and therefore I do not see why this bill has been brought here.
Mr. O’NEILL. I presume this originated from some of the western States.
Mr. ELIOT. It was introduced by the Gentfrom California, [Mr. Melissa]
Mr. O'NEILL. The object the gentleman wIlio introduced this bill soughtto accomplish presume to be this: that pi ots on the Atlan tic coast shall not charge large fees for piloting vessels into our eastern ports comin from California, and that the pilots there shall be bound to take our vessels at the same charge as for piloting a vessel from one port to another in California. This law seeks to correct State laws in cases where discrimination is made against vessels coming from other States.
Mr. ELIO'I. I call the previous question.
Skip Skip The previous question was secoude and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. HARRIS. I call for the yeas and ugys on the passage of the bill. The yeas&nays were refused. The bill was then passed.
Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. CHANGE OF NAMES of VESSELS.
Mr. ELIOT, from the ComCommerce, reported adversely on Senate JtResolution i o. 52, authorizing the SecyTreasury to change the name of the steam boat City of Richmond to City of Portland, and the schooner Lucinda Van Valkenburg to Camden; and the same was laid on the table.
Mr. PIKE. My colleague not being in, I wish to enter a motion to reconsider the vote just taken. ISSUE OF AMERICAN REGISTERS.
Mr. ELIOT, from the same committee, reported adversely on Senate JtResolution L o. 101, authorizing the SecyTreasury to issue American registers to the barks Marget and Golden Fleece; and th same was laid on the table. PAY OF INSPECTORS OF CUSTOMS. On motion of Mr. ELIOT, the ComCommerce was discharged from the further consideration of the letter of the SecyTreasury concerning the pay of iris ectors of customs; and the same was referre to the ComWays&Means. DISMAL SWAMP CANAL.
Mr. EGGLESTON, from the ComCommerce, reported a JtResolution in reference to the Dismal Swamp Canal Company; which was read a 1st and 2nd time. The JtResolution was read in full, as follows: Whereas the U.S.are interested in the Dismal Swamp canal, connecting the writers of the Chesapeakewith c sounds of NCarolina. by holding 800 sharesof the stockof the disinul Swamp Canal Company; and where asthe ciinul should be kept openas a navigable Tfuhre 3 froroeu, tlay on the part of the U.S. Be it resolved by the Senate and HoRep That the SecyTreasury be, and licrebyis, authorizedto sell said stock, at auction or otherwise, in such manner as will best protect the interest of the U.S. in said canal, and will insure that the same will be kept open as n.navigable highway withoutfurther expeuseto the Government: PI'OUltlt‘lf, That the instruments and paers aepffpereotvineidrsbuychsale in the manner aforesaid shal be crythercof. the AttyGen before the deliv
Skip Skip The JtResolution was orderengross and read a 3rd time; and engrossed, it was accordingly read the btchiinrg time and passed. Mr. EGGLESTON mtRtv the jomt resoIution was passed; upon the table. agreed to. PREVENTION OF SMUGGLING.
Mr. ELIOT, from the ComCommerce, reported back, with amendments, senate bill No. 222, further to prevent smuggling, and for other purposes. The amendments reported by the committee were of a verbal character, except the following proposed as an additional section: Abife:, That the provisions of this act shall not be deemed to affectany action or proceeding or indictment pending at the time this daicstpsohsaelldtoafkeanedffeJuedt.gbmutetnhteosradmeecsrehealelxbeecturtieeddaasnd if this set had not beenpassed. The amendments were agreed to.
Mr. LeBlOND. Has this Senate bill ever had any consideration in this House until to da?
The SPEAKER. It was taken from the table and referred to the ComCommerce, and the committee has reported it back with amendments.
Mr. LeBlOND. It is a very large bill, and I think it ought to go to the ComWhole.
Mr. ELIOT. The effect would be to kill it. I have a letter here from the SecyTreasury, sent to the committee within a week, expressiu a strong desire that the legislation on this so ject should be completed. It is a pretty important bill, and ought to be passed; it has already been delayed too long.
Mr. LeBlOND. For that reason I think it ought to have more consideration. Ifto have it considered will defeat it, then it ought to be defeated. That is the strongest reason in the world why it should have some consideration. I resume there are none outside of the committee who have had an opportunity under the press of business to givet is bill the consideration which its merits demand. I certainly think that a bill of this magnitude, involving so many interests, ought not to pass without more consideration than has been given to it.
Mr. LeBlOND. I can say to the Gentfrom Massachusetts [Mr. ELIOT] that I by no means wish to defeat this measure. But I know it is a very difficult matter to these things upon the frontier in theregVuelastte. somethings may be treated as smn' ling and punished criminally by this law that Iiifiould not he so treated and punished. I know it is a very easy matter to regulate these things with foreign Governments. But when it comes to our frontier there are a (great many thin s there that might be treate criminal y under this bill which I think should not be so treated, and which, ifso treated, would crip Ie the interehan e of commerce between the Oanadas and the U.S. And it is only with reference to that matter that I particularly desire the further consideration of this bill. I cannot call the attention of the Gentfrom Massachusetts to any particular feature in the bill now that to my mind would be objectionable, from the fact that I have not yet given it that consideration that the subject really demands. I think but few members have done so or have found themselves able to do so, in the present condition of the business before the House. But if the bill was allowed to be considered in ComWhole, or in the House as in ComWhole, and the bill was read section by section, the attention of members who represent different localities would be called to the different provisions of the bill, and there might be some important and proper amendments made. That is my only object in asking further time for the consideration of this bill. TAX BILL.
Mr. WENTWORTH. I ask unanimous consent of the House that the Senate amendments to the internalrevenue bill be taken from the Speaker‘s table and referred to the Cemniittoo of) Ways&Means.
The SPEAKER. Under the rule, the morning hour cannot be interrupted by any other business.
Mr. WENTWORTH. Cannot unanimous consent be given merely for the reference?
The SPEAKER. It is an interruption of the morning hear to ask unanimous consent for anything. PREVENTION OF SMUGGLING AGAIN.
Mr. ELIOT. I now call the previous question on the bill and amendments.
Mr. HUMPHREY. I desire to offers couple of amendments to this bill before the previous question is called.
Mr. ELIOT. It was understood in committee that my friend and collea us on the committee [Mr. Houruusr] should have an o portunit to offer 2 amendments to this bi I, though would say that the committee cannot recommend the adoption of those amendments. But, in pursuance of the arrangement made in the committee, I will yield to allow the gentleman to propose his amendments.
Mr. UMPHREY. I move to amend section 2 of this bill, in line 7, by inserting after the word “district” the words “where he or they shall suspect there are goods, wares, or merchandise thereon, subject to duty, or which shall have been introduced into the U.S. in any manner contrary to law.” I also move to amend section 4 by strikin out the words “and the burden of proof shafibe upon the claimant where probable cause is shown for such prosecution, to be judged of by the court before which the prosecution is held.”
Mr. ELIOT. I would ask the gentleman if those are all the amendments he desires to offer.
Mr. ELIOT. Then I call the previous question on the bill and amendments.
Mr. HUMPHREY. I desire to make some exlanation of those amendments.Mr. ELIOT. Very well, I will withdraw the call for the previons question for the present.
The Speaker. The mornin hour has expired; and the bill goes over unti tomorrow morning. AIiOLITION OF L'SURY LAWS.
The Speaker, by unanimous consent, presented a memorial of the Philadel hia Board ofTrade to the Congress of the U.S., prayin for the abolition of legal restrictions upon t ic commerce in money; which was referred to the ComCommerce, and ordered to be printed. srnAKuii’s TABLE.
Mr. STEVENS. I move that the House proceed to the consideration of business on the Speaker’s table. 1 The motion was agreed to. A. M. JESS. The 1st business on the Speaker’s table was Senate amendments to the bill H.R.No. 145) entitled “An act granting lan to A. M. Jess, of Jose hine county, Oregon.” The amendments of the Senate were read, as follows: 1st amendment: On page 2.in lines 2 and 3, strike out the words "320 " and insert in lieu thereof the words "160."
Mr. THAYER. I move that the House concur. The amendment was concurred in. 2nd amendment: On page2, in line ton, strike out the words “ revert in" and insert the words" revert to."
Mr. THAYER. I move that the House concur. The amendment was concurred in.
Mr. THAYER. mtRtv the amendments were concurred in; on the table. agreed to. WASHINGTON TERRITORY. The next business on the Speaker's table was Senate amendment to the bill (H.R.No. 179) entitled “An act anicndatory of the organic act of Washington Territory.” The amendment of the Senate was read, as follows: Add the followipg as a new section: See. 4, Abife:, That the act of the Legislative Assembly of the Territory of Washington, approved January 14.1865, entitled “An act in relation to the county of Skamania, be and the same is hereby, disapproved.” The amendment was concurred in. TAX BILL. The next business on the Speaker’s table was Senate amendments to the bill H.R.No. 613) to reduce internal taxation an to amend an not entitled “ An act to provide internalrevenue to support the Government, to pay interest on the public debt, and forother purposes, ” approved one 30, 1864, and acts amendatory thereof.
Mr. MORRILL. Mr. Speaker, I would make a motion to non-concur in all the amendments of the Senate, ifI supposed that such a motion would meet the approbation of the House. But not anticipating that that motion would receive the a proval of a majority of members I move that the amendments be referred to the Committee of “’0 s and Means.
Mr. PIKE. I ope that the gentleman will move to non-concur, and let the bill go at once to a committee of conference.
Mr. STEVENS. I hope that will not be done. This is a very important bill.
Mr. PIKE. I know that it is an important bill; butthat is a good way to dispose of the question.
Mr. STEVENS. There are a good many of these amendments that ought to be disposed of in the House. They involve some very important questions.
Mr. STEVENS. This is a very short bill; and I have notice yesterday that I would call it up to pay and ask avote upon it. It in fact does not impose the enactment of a new law; it is simply designed to correct a mistake in an act already passed.
Mr. will ‘ON, of Iowa. I ask the gentleman to yield to me for a moment. I wish to make a suggestion., Mr. STEVENS. I yield to the gentleman.
Mr. STEVENS. Either of those propositions isdeath to this bill. I do not suppose he so intends, but that would be the effect. suppose you send it to the ComPacificRailroad; from what I saw of the votes of that committee yesterday the bill would never get back.
Mr. WILSON, of Iowa. If the gentleman will allow me, I willchange my suggestion, and move that it be referred to that committee with instructions to report it back within a certain number of days.
Mr. STEVENS. Iwill make a proposition, and I hope the gentleman will agree to it. I remember to have read of the Trojan horse, and I do not care to be caught by any such contrivance at this time. I propose that the gentleman shall draw 11 an explanatory act in the very language that c has suggested here, and that when we have passed this bill he shall forthwith introduce that not explaining what this bill means, and I for one Will vote for it.
Mr. WILSON, of Iowa. I would liketo ask the gentleman, then, why he objects to erinit ting this amendment to go upon the bill:
Mr. STEVENS. For a reason as plain as daylight, that if you put it on this bill it will have to go back to the Senate, and that would be its death.
Mr. WILSON, of Iowa. I should like to know how the gentleman knows that.
Mr. STEVENS. That is my information, and I shall act upon that information. There is not a proposition contained in this bill that differs from the original bill; not one.
Mr. DAWES. Will the Gentfrom Pennsylvania explain why the settin down of this bill for discussion on a given day would hi I it?
Mr. STEVENS. I do not see how setting it down for discussion 'on a particular day would do any good.
Mr. DAWES. I understood the gentleman to say that it would be the death of the bill. upon what round? How could it injure the hi 1 to have it fairly discussed, so that it could be understood on all sides?
Mr. STEVENS. I suppose that every man who desires to understand it knows what it is now. I am sure that my intelligent friendfrom Massachusetts understands it.
Mr. DAWES. I will say frankly that I am not in favor of the bill, but I feel that if it were set down for fair discussion on some day, perhaps some of us could so explain it to the‘House that the House would understand its merits. But the gentleman sa 5 that that would kill it.
Mr. STEVENS. o, it would not kill it, if the House understood it. But my friend is so good at mystifying that he might possibly so encloud it that some gentleman would vote against it, without knowing what it was. But let me go on and state that this bill is nothing more than a correction of an error in theorigi nal law to which it is a supplement.
Mr. WILSON, of Iowa. Idesire to ask the gentleman ifunder the present bill the Kansas Company or the Union Pacific Railroad Company, eastern division, should reach the one /100th meridian 1st, and then should continue the construction of the Union Pacific railroad, what amount of lands it would be entitled to, and whether there is anything in this bill which would deprive that company of the right of doing that thing after it reached the 100th meridian further south than was contemplated in the original bill; whether, if it continued to construct the Pacific railroad westward from the 100th meridian, it would not be entitled to the $10,000 in bonds permile.
Mr. STEVENS. I will state exactly what all the revisions are. There are 3 laws referre to in connection with this matter, each of which, I think, Ihave had some share in drafting, being chairman of the committee that reported them. The Union Pacific railroad starts from an initial point upon the one liun dredlli degree of longitude to be fixed by the President, a point which never has been fixed. The various branches the Omaha road and the Kansas road were originally to unite on that initial point with that railroad, and they were to unite within certain points on the banks of the Kansas and of the Platte.
Mr. HIGBY. I would ask the Gentfrom Pennsylvania if the 1st section of this bill contemplates anything more than an extension of the time within which the maps of those roads are to be filed.
Mr. DAVIS. Does not. this bill change the route which has been laid down on the maps already filed in the office of the SecyInterior?
Mr. HIGBY. will the Gentfrom Pennsylvania [Mr. STEVENS] yield to me for a moment to have read an extract bearing upon the point to which he refers?
Mr. HIGBY. Iask the Clerk to read the extract I have marked in the paper which I send to his desk.
The Clerk read the following extract from the remarks of Senator Coxusss, as published in the Daily Globe of the 20th instant: " Mr. President. I ask the attention of everySena tor in the Senateto thestatoinent I make, amnowabout to and I challengecontradiction ofit. How did that provision oflaw obtain ‘I How did it comotobe the law? I willtell you, Senators. In 1864the Son nto passed a Pacific railroad bill; I had a copy of it beforemethis morning. 0 HoRep iissedanother. The Senate refused to pass the I house bill, and the Ilouso refused to pass the Senatebill; and the matter was referred to a committee ofconference upon the guestionsof disagreement“ In neither of theso bi ls did this arbitrary condition that I havenamed.confining one of these KI'L thc.ompaniesto 150 miles east of the California line . occur. It was not in either bill; therewas not award or atittle ofitin either. wasit member of the conferencecommittee. We met in the room of the comPubLands of the Senate. The honorablo Senatorwhois nowSecyInterior waschairman of that conference. sat there pending that entire conference. Point by point the differencesbetweenthe 2 Houseswere arranged and narced upon and I undertake to say here that that arbitrary condition now in the law, and in the law when it was printed. never was consideredin that conference. twaa stolen in through the corruption of someparties and the clerk who eventually made upthe report. The report of that conferencecommitteewaspresentedhereon the last day of the sessionand comclled to boadoptedwithout exninination. What state cannot be contradicted and the Senate and Congressought to justify itself by a closeinguiryas to who dared tomakelaws for the Congress of the U.S."
Mr. STEVENS. Although my recollection is precisely that of the Senator, of whose remarks the Clerk has just read an extract, et I shall make no charges against anybody. by some means that law was made to provide that the California road should stop 150 miles this side of the Nevada line: to stop unconditionally, no matter whether the Union Pacific railroad reached that pomt or not. Now, one object of the bill under consideration is to correct that, and to allow the California Railroad Company to go on until it meets the road constructed by the Union Pacific Railroad Company; to allow each company to see which can build the road the fast est. If it shall be that the California company builds the fastest, then let them go on; if the Union Pacific Railroad company builds the fastest, then let them go on. The object is to restore the law to what it was intended to be, and to what it should be now. Now, in regard to the other part of the bill, there can hardly be any objection to it I mean the initial point agreed upon and therefore I have nothing further to say upon it.
Mr. STEVENS. Lea me appeal to the House. Is there anything unreasonable in the reposition I have offered that if this bill shall) pass then the Gentfrom Iowa shall intro ace and pass his amendment in the sha e of an explbnatory JtResolution ‘I
Mr. WILSON, of Iowa. If the gentleman makes that suggestion to me, I will sayin reply, if, as the gentleman says, we should adopt this amendment it would defeat the bill in the senate, wh would not the amendment be also defeate in the Senate if sent to them in the sha e of an explanatory JtResolution?
Mr. STEVENS. I do not say it would be defeated if sent to the Senate as an independent measure.
Mr. WILSON, of Iowa. Ifthis will be defeated with the same thing in it, I would like to know whether the Senate would not be likely to defeat an independent bill.
Mr. STEVENS. I willfjust go so far as to pledge that the friends of the bill shall vote for it. But, Mr. Speaker, I will proceed with what I was saying. I had shown how the 150 got in. That is given'up. Then there is nothing more than the initial point. In reference to this we have the evidence of the engineers and nttorne s at Omaha.
Mr. WILSON, of Iowa. wish to state here in connection with what the gentleman has said that I do not care what the Omaha men or their attorneys may have agreed to. I am not representing that company or any man in the company; am reproseutin the interests of the country connected with that road.
Mr. STEVENS. I trust I shall be allowed to proceed. I ask any gentleman whether, if the Kansas company got to the 100th meridian before the other, they could not go on. In this bill it does not say a word of it. But it is answered by a former bill which I have here, and the 12th section of which I would be glad if some gentleman would read for me.
Mr. WILSON, of Iowa, then read the section, as follows: “ SEC.12. Abife: That the Leavenworth.Pawnee, and Western Railroad Company, now known as the Union Pacific Railroad Company. easterndivision shall build the railroad from the mouthof Kansas river. by the way of Leavenworth: or if that be not deemed the best route, then the said companyshall. within 2 years, build it railroad from the city of Leavenworth to unite With main stem at or near the city of Lawrence; but 0 aiadniyn the construction ofsaid branchthe said comshall not be entitled to any bonds. And if the lluion Pacific Railroad Comprin shall not be proceedin. in good faith, to buil the said railroad throng the Territories whenthe Leavenworth, Paw nee, and WesternRailroad Company.now known.“ the Union Pacific Railroad Company, easterndivision shall havecompleted their roadto the /100th degree of longitude, then the last named company may proceed to make said read westward iiiitil it meets and connectswith the central Pacific Railroad Companyon the same line. And the said railroad from the mouthof Kansas river to the 100th ineridian of longitude shall be madeby the way of Lawrence and Topeka, or on the banknfthe Kansas river oppositesaid towns: Provided, That no bonds shall be issuedor land certified by the U.S. to any person or companyforthe construction of any part of the main trunk line of said railway west of the 100th meridian of longitude, and cast of the Rocky mountains, until said road shall completed be from or near Omaha, on the Missouri Uglflhnlothe said 100th meridian of longi u c.
Mr. STEVENS. That law provided if the Union Pacific Railroad Company did not honestly prosecute their work, when the Kansas road reached their part, the Kansas company might go on and build it. Here. then, you see what was intended, and this bill gives no new privilege. This bill leaves it precisely where it was before. So I say, sir, there is not one single thing contained in this bill, so far as the Kansas route is concerned, that is not contained in the law and supplement, except giv in time to file a map until December.
Mr. WILSON, of Iowa. The gentlemnu will allow me another suggestion. Under that 12th section of the act of 1864 the Kansas company would be, as I stated in my 1st re marks, authorized to build the Union Pacific railroad from the 100th meridian until they met the California road. Nom sir, that road was upon the route by way of the Republican fork. This bill provides they may select any other route, that is they need not go by the Iicpublican fork; they need form no connection.
Mr. STEVENS. The law of 1864 allowed them to take any other route. If the gentleman will read it he will find it there.
Mr. WILSON, of Iowa. That is one of the grave questions that ought to be discussed.
Mr. STEVENS. No grave question except the question of sending it to the grave. That is the only question there is in it.
Mr. KASSON. Will the Gentfrom Pennsylvania ield?
Mr. KASSON. I shall come to that as soon as I reach it in the section.
Mr. ALLISON. Now, it also provides that they shall have lands within 20 miles on each side of this road, including mineral lands. If that be true, will they not be entitled to lands until they unite with the Pacific railroad, 50 miles beyond Denver?
Mr. DAWES. I wish to inquire of the gentleman, if this bill passes, whether this company may not file a new map anywhere without any limitation.
Mr. KASSON. They may file a new map in accordance with the provisions of the law passed during the last Congress, and with this limitation, that they must connect with the Union Pacific railroad at a point not more than 50 miles westward of Denver city.
Mr. DAWES. Is there anything requiring a connection within 50 miles of Denver city?
Mr. KASSON. There is a requirement of a positive connection with that road not more than 50 miles westward of Denver city.
Mr. DAWES. My printed copy of the bill is different from yours.
Mr. KASSON. The gentleman’s printed copy is not authentic, as he will find if he will take the one I have, and which I will pass over to him for examination, as I am through with it. I hope he will excuse me from further interruption, because I am occupying the floor by the permission of the Gentfrom Pennsylvania, [Mr. S'rsvsysfi Now, let me add, in conclusion, that it is of the utmost importance to the interests of the country that there should be some competition in the transportation of freight across the plains to the Rocky mountains. We paid last year nearly ten million dollars for our military supplies and freight in connection with operations against the Indians, the freight being the principal item. And if we do not allow competition in transportation, the benefit of this great Pacific railroad to the people of the U.S. will be diminished at least one half. And that explains why I am in favor of a decent liberality toward these 2 lines. in order to increase our facilities for reaching the miners North and South and supplying their wants. We want no single great railroad monopoly of freight and passenger traffic. Let the vast minera regions have the great benefit of competition in so plying all their demands.
Mr. PRICE. Will the Gentfrom Pennsylvania [Mr. Srsvsss] yield to me for a moment?
Mr. STEVENS. How much time have I left, Mr. Speaker?
The SPEAKER. The gentleman has 7 minutes remaining of his hour.
Mr. STEVEN S. The gentleman must excuse me.
Mr. PRICE. I want to state to this House that this bill has never been printed.
Skip Skip The question was taken upon 2nding the previous question; and upon a division there were ayes 71, noes 32. So
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was read the 3rd time. The question was on the passage of the bill.
Mr. ALLISON. I ask for the ycas&nays on the passage of the bill. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 98, nays 86, not voting 48;. So the bill was passed. During the call of the roll, Mr. MILLER said: On this question I am paired with the Gentfrom Illinois, Mr. INGERSOLL. If he were here he would vote for the bill, while I should vote against it. The result of the vote was annouced as above stated.
Mr. STEVENS mtRtv the bill was passed; on the table. agreed to. CLERICAL FORCE oF INTERIOR DEPT.
The SPEAKER. The House some time ago resolved to proceed to the consideration of business on the Speaker’s table, and is now engaged in the execution of that order.
Mr. KASSON. I desire to reports bill from the ComAp propriations.,
Mr. KASSON. I report back from the ComAppropriat, with an amendment in the nature of a substitute Senate bill No. 282, entitled “ An act to reorganize the clerical force of the Dept of the Interior, and for other purposes.”
Mr. SPALing. I trust that the gentle, man will not ask the House to take action on that bill at present. It will occupy considerable time; and I think we ought to dispose of the business on the Speaker‘s table.
Mr. KASSON. I do not propose that the House shall take action on the bill at thcpres ent time. I move that the bill be recommitted, and that the substitute reported by the committee be printed. The motion was agreed to. ATCHISON, TOPEKA, AND SANTA Ff; RAILROAD. The next business on the Speaker's table was Senate bill No. 320, entitled “An act to amend an act entitled ‘An act for a grant of lands to the State of Kansas in alternate sections, to aid in the construction of certain railroads and telegraphs in said State, approved March 3, 1863.” The bill was read a 1st and 2nd time.
Mr. RANDALL, of Pennsylvania. Mr. Speaker, I think that this bill ought to be referred to the ComPubLands; and if it be in order. I will make that motion.
The Speaker. the gentfrom Michigan [Mr. Tnownmnoe] is entitled to the floor.
Mr. THAYER. I desire to ask the gentleman what reason there is why this bill should not take the ordinary course. Why should it not be referred for investigation to the appropriate standing committee of this House ‘I
Mr. TROWBRIDGE. I did not suppose there would be any opposition after I stated the object of the bill. As it is late in the 59ssion 1 request& the ComPubLands, to whom it would naturally go, to examine it, and I understand they make no opposition to it. But the chairman of the ComPubLands will state how this is. Air. JULIAN. I wish to state to the House that I have not waived any objection or any right to object to the passage of this bill without reference to the committee in the ordinary way. This traction engine is something ver novel, and it seems to me it would be exceed‘:ingly shipshod legislation to pass the bill without sending it to the committee, without that consideration in the ComPubLands provided for by the rules of the House. If the previous question he not 2nded I shall move the reference of the bill to the ComPubLands.
Mr. THAYER. Ihope the Gentfrom Michigan will not under the circumstances press the passage of the bill at this time. Add. JD LIAN. I will state that the ComPubLands will be called on Thurs da next. In TROWBRIDGE. The chairman of the committee certainly said if some members of the committee would examine this thorou hly he would make no objection to it. I am a raid the reference of the bill to the committee at this late criod of the session will send it to “the tom of the Capulets.”
Mr. THAYER. Ihopethe Housewill refuse to transact business in this manner; that it will refuse to 2nd the call for the previous question, and then refer the bill to the ComPubLands.
Mr. JULIAN. I did agree, if the members of the committee examined the bill and made no objection to it, I myself would not make any; but since then 2 or 3 members of the committee have come to me and asked that it should be referred.
Mr. TROWBRIDGE. I demand the previous question in order to test the sense 0 the House.
Mr. RANDALL, of Pennsylvania. I shall be forced, if the genkman will not allow a reference to the up ro riate committee, to move that the bill be ai upon the table.
Mr. TROWBRIDGE. As it seems to be the wish of the House. Iwill agree to the reference of the bill to the ComPubLands. I withdraw the demand for the previous question.
Mr. RANDALL, of Pennsylvania. I with draw my motion to lay on the table, and move that the bill be referred to the ComPubLands. " The motion was agreed to. MRS. ABBY GREEN.
The Speaker next laid before the House Senate JtResolution No. 112, for‘the relief of Mrs. Abby Green; which was read a 1st and 2nd time and referred to the ComClaims. ". POST ROAD BILL. I, The next bill on the Speaker’s table vhs Senate bill No.369, to establish certain post“ roads; which was read a 1st and 2nd time and referred to the comPostOffice. STATE DEPT. The next business on the Speaker’s table was Senate Jtresolutio No. 110, to authorize the hiring of a buildidg or buildings for the temporary accommodation of the Dept of State; which was read a 1st and 2nd time.
Mr. RICE, of Maine. I ask that the JtResolution be put upon its passar'c. It eu thorizes the SecyState tochire a suit able building or buildings for the temporary accommodation of the Dept of State, and that such sum of money, not exceeding $50,000, as may be necessary toward defraying the expense of such hiring, the transfer of the public archives, and the fitting u of the building or buildings, be appropriate out of any money in the 'lreasury not otherwise appropriated. It is necessary that it should pass at once, as the Treasury Dept is u out to be extended over the ground where the State Dept now stands.
Mr. RANDALL, of Pennsylvania. I insist that the JtResolution should 1st be considered by a committee.
Mr. RICE, of Maine. It has been considered by the ComPubBldg and Grounds, and they recommend its passage. I have the letter of the SecyState, together with his estimates for this temporary occupation. I trust itwill go through at once, so that the work on the Treasury Dept may not long or be suspended.
Mr. RADITORD. s there not room in the new Treasury building for the State Dept? I remember to have heard something a of this when I was a member of the committee at the last session. From the information I then received Iwas led to believe there was room in the Treasury Dept or in Win der’s Building.
Mr. RICE, of Maine, I will state for the benefit of my friends on the other side of the House that the committee investigated this subject at this session and came to the conclusion this appropriation was necessary, as no room could be provided for the State Dept‘in any of the public buildings. I will state that the 2 Committees of the House and Senate on Public Buildings and Grounds have examined this question thorouvhly, have visited the Treasury (Dept and the State Dept, and have come to the conclusion unanimously that there is no other way but to provide a temporarybuilding for the oecupance of the Dept of State.
Mr. RADFORD. I would ask the gentleman if there are not rooms already fitted up in the Patent Officebuilding sufficient to accominate the SecyState?
Mr. RADFORD. I think there were last year, and I do not know that the building has grown any smaller since then. I move to amend the JtResolution by striking out $50,000, and inserting in lieu thereof $26,000.
Mr. RICE, of Maine, I ask that a letter from the Secretaryhf State on this subject be ' rea.
The Clerk read as follows: DariVnA SriHly“'o'ororsS, 'iwrz. Jime14.1866. Sm: In repl to the inquiryctained in 'our note of yesterday. have the honor 10state that it will be dilficult to estimate.With an exactness.what amount‘71“be necessaryto defray he expensesof the contemplated removal of this“ apartment to temporary buildings. Taking into considerationthe rent. fiiiin up “generally. remevmzpf archives.Jim. I shouldt in the sum of $50,000would not be an overestimatefor the 1st year. I am.sir, your obedientservan t. WILLIAM H. sswsiio. Hon. LYNAN Tnuusrnt. U.S. Senate.
Mr. RICE, of Maine. the amendment of my friendfrom NewYorkand I new demand the previous question.
Mr. RADFORD. then I must move that the Jtresolution be laid upon the table. lf
Mr. THAYER. I hope the Gentfrom Maine will at least give us an opportunity to voicion the amendment. I do not see why the House should not have that opportunity.
Mr. RrlDFORD. All I ask is a vote on my aniendm nt.
Mr. R CE, of Maine. All I can say is, that this is the estimate of the SecyState and that the adoption of the amendment would defeat the entire measure. If my friendfrom Pennsylvania will go to the State Dept and see the vast accumulation of papers there, including all our treaties with foreign nations, he will see that they ought to be removed to a fire proof building, 'or one that can be made fire proof. In my judgment the estimate of the Secretary is within "bpunds, and if that amount is not required it‘ will, not be used.
The Speaker. The Gentfrom NewYork has moved to lay the JtResolution on the table, and that motion is not debatable.
Mr. RADFORD. I withdraw my motion temporaril, and I hope the Gentfromililaline will allow this subject to be debated ul y. "
Mr. THAYER. We all know that if'we appropriate $50,000 that money will be spotty; 3 whereas it will be the easiest thing in thou. world, if the $25,000 should fall short, to put the balance in the defieienc bill of next session. I do not believe that it will require $50,000 to provide temporary accommodations for one year. But if our views shall turn out to be erroneous, it will be easy to make up the deficiency hereafter. I am opposed to voting such large sums of money without an better foundation than the loose estimate which has been read to the House. I hope the House will insist on economy in this matter. I did not yield
Mr. RICE. of Maine. I will leave the matter to the House, although my own idea is that the SecyState having examined the premises which he is to occupy, and having made this estimate, his judgment is better than cars on this question. But Iwill yield to the Gentfrom NewYork to make his motion.
Mr. RADFORD. I renew my amendment, and wish onlyto say that I assert, without fear of contradiction, that rooms equal to those now occupied by the SecyState can be hired in the city of Washington for $5,000 a year.
Mr. RICE, of Maine. I demand the pre' vious question on the JtResolution and the amendment.
Skip Skip The previous question was 2nded and the main qfiestion ordered. Mr. mronp’s amendment was agreed to. The JtResolution was then ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. RICE, of Maine, mtRtv the Jtresolution was passed; upon the table. agreed to. ENROLLED RESOLUTION SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that the committee had examined and found truly enrolled a JtResolution of the following title: when the Speaker signed the same:JtResolution (H.R.No. 77) for the relief of Ambrose L. Goodrich and Nathan Cornish for carryin the U.S. mail from Boise Cit to Ida o Cit, in the Territory of Idaho, an of Daniel ellington and ‘J. C. Dorsey for extra services in carrying the mails. LAND GRANT TO KANSAS. The next business in order on the Speaker’s table was bill of the Senate No. 285, granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river; which was read a 1st and 2nd time.
Mr. SPALDING. I move that that bill be referred to the ComPubLands.
Mr. VANHORN, of Missouri. I hope the bill will be passed over informally. There is a similar bi l at this time under'consideration before the ComPubLands.
Mr. JULIAN. I prefer that the bill should be referred to the committee.
Mr. ANDERSON. I will state to the House that a bill of the same character as this is now before the ComPubLands, and the friends of the measure prefer that this bill should remain upon the Speaker’s table. I can see no necessity for its reference.
Mr. JULIAN. There is so much hasty legislation here that I am not willing to forego the security of a reference.
Skip Skip The question was put upon Mr. Simimmn's motion; and there were ayes 52, noes 17; no quorum voting. " And then, on motion of Mr. STEVENS, (at 4 o’clock p. m.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions. ito.wereprBsentedunder the rule and referredto the appropriatecommittees: By Mr. BANKS: The memorialof Rev. D. Eglin tine Barr, chaplain of the U.S. colored voluntecrs. for compensationfor property destroyedby engineersin constructing defensesat Baton Rouge, Louisiana. Mr. BROOMALL: The petition of manycitizensofChpster county.Pennsylvaniams kintrfor such a chiipge in the tariff and tax laws as will enable American labor tovcometesucccssfullywith foreign. By Mr. BUNDI: the petition of John Brown, Samuel Spepeo and 72others, operativesin Gaylord A: Co.’s rolling mill at Portsmouth. Ohio. for an 'in crease of the tariff to protectthem against the effects of pauper labor of Europe. y Mr. RIDER: The petition of Dory Nell, of Mctealt'o county.Kentucky. for indemnity andrelief. Also. the petition of the trusteesof Southern C9l laonedo.of'keotuoky. at Bowling Green. for indemnity Alsroe, lief. the petition of Elias Dunbar. 'of Russell count): Kentucky. for indemnity and relief. By Mr. JULIAN: The memorial of Harlyinger soll, and others, citizensof Michigan. praying the enactment of nntional insurance laws. Mr. O'NEILL: A petition, numeronsly signed by merchants. businessmen and officersof the customs of the city of Philadelphia. with the plan of the alterations.asking that the “Pennsylvania Bank Building" belonging to the Government maybe all term for the accomniodation of the apprniscr's dept: and also asking for an appropriation for that purpose. By Mr. TAYLOR: The petition ofJ. S. Underhill. oft ecity of NewYork. asking for relief for extra expensesincurred in workin nights and Sundays upon tho'iron clad steamer eokuk. to hasten the construction of that vessel. By Mr. VANHORN. of NewYork: The petition of citizens of NewYork city. asking equal laws in relation to interstateinsurance.
@@@IN SENATE SENATE. Wspxrsmr, June 27, 1866. Prayer by Rev. WiLLIAM T. Jonxsos, of Washington, D. C. On motion of Mr. LANE, of Indiana, and by unanimous consent, the reading of the Journal of yesterday was dispensed with. ARMY APPROPRIATION BILL.
The PRESIDENT protempore appointed Mr. SHERMAN, Mr. Wilson, and Mr. YATES as the committee ofQonference on the part of the Senate on the disagreeing votes of the 2 Houses on the amendments of the Senate to the bill (H.R.No. 127) making appropriations for the sii port of the Army for the year ending 30th of Sane, 1867. NORTHERN KANSAS RAILROAD.
The PRESIDENT protempore appointed Mr. Ponssor, Mr. Bnows, and Mr. lDDLE as the committee of conference on the part of the Senate on the disagreeing votes of the 2 Houses on the amendment of the HoRep to the bill (S.No.145) for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph.
Skip Skip PETITIONS AND MEMORIALS. Mr. SUMNER presented a petition of citizens of the U.S., farmers and mechanics and laborers in American manufacturing establishments, praying Congress to watch over and promote the interests of the people by amending the tariff so as to protect merican labor to the extent of the difference of the cost of capital and labor here and abroad, with the addition of the taxes paid by American industrial products, from which the foreign are free; which was referred to the ComFinance. Mr. SUMNER. I also offer the petition of the StDomingo Mining and Commercial Compxany, having its office and place of business at NewYork. The petition is signed by S. De Witt Bloodgood, resident, F. W. Newbold, secretary, and H. V. Bonsall, VEEP, and is attested by the seal of the company. In this petition they ask that Congress may take steps in order to secure the establishment of a U.S. naval station at some convenient place in the West Indies, for the use and advan tage of our squadrons cruising in the adjacent seas, and they propose that for that purpose land may be obtained in the bay of Mancinilla or els'ewhere in the northern part of the island of StDomin 0. They represent that this place is specially adopted for a naval station. I offer this petition and ask for its reference, with the accompanying papers, to the ComNavAffrs. The motion was agreed to. Mr. WILSON presented the petition ofSamuel H. Madden, and other citizens of Schuylkill county, Pennsylvania, praying that the tariff law may be so ameiide as to afford beter protection to American labor; which was referred to the ComFinance. REPORTS OF COMAHTTEES.
Mr. WADE, from the ComDistCol, to whom was referred a bill (S.No.880) to incorporate the Washington connty Horse Railroad Company, in the DistCol, reported it with amendments. 7' He also, from the same committee, to whom was referred a bill (S.No.280) to repeal an not entitled “An act to retrocede the county of Alexandria, in the DistCol, to the State of Virginia, and for other purposes, ” reported it without amendment.
Mr. HOWARD. The ComMilAffrs , to whom was referred the bill (H.R.No. 447) to authorize the SecyWar to sell a portion of the Fort Leavenworth military reservation to the city of Leavenworth, in the State of Kansas, for a public park have instructed me to report the Kill back to the Senate with a recommendation that it do not pass. The committee are of opinion that it would not be for the interest of the military service that any further portion of that military reservation should be sold or disposed of by the Government.
Mr. WILSON, from the ComMilAffrs , to whom was referred a JtResolution (H.R.No. 151) authorizing the purchase of Dugan’s work on Infantry Tactics, reported adversely thereon.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Margaret M. Ransom, of Norwich, Vermont, praying for an increase of herpension, reported adversely thereon. He also, from the ComPensions, to whom was referred a bill (H.R.No. 705) for the relief of George W. Bush, reported adversely thereon. He also, from the same committee, to whom was referred a bill R. No. 701) granting a pension to Mrs. mogene Buckingham, of E gar count ', Illinois, asked to be discharged from its further consideration, and that it be referred to the ComMilAffrs ; which was agreed to. He also, from the same committee, to whom were referred the followin bills, reported. them severally without amendment: A bill (H.R.No. 698) granting an increase of pension to Mrs. Mercie E. Scattergood; A bill H.R.No. 699) for the relief of James L. erliam; A bill (H.R.No. 700) for the benefit of John W. Jones; A bill (H.R.No. 702) granting a pension to Mrs. Charlotte E. Reed; A bill (H.R.No. 703) for the relief of Lieu tenant Colonel Frank Lynch; and A bill (H.R.No. 704) for the relief of Joel Farley.
Mr. VANWINKLE, from the ComPensions, to whom was referred‘a bill (H.R.No. 692) increasing the pensions of widows and orphans, and for other purposes, reported it with amendments.
Mr. HENDERSON, from the ComDistCol, to whom was referred a memorial of the mayor, recorder, aldermeii and common council of Georgetown, praying that the aqueduct may be allowed to remain as a bridge, and that a suitable draw may be constructed in it so as to admit of the free passage of vessels, reported a bill (S.No.395) relating to the aqueduct brid e of the Alexan dria Canal company over the Potomac river at Georgetown, in the DistCol; which was read and passed to a 2nd reading. He also, from the same committee, to whom was referred a bill (S.No.65) to amend an act to extend the charter of the Washington and Alexandria railroad, passed March 3, 1863, reported it with an amendment. w. H. HAMRICK.
Mr. WILSON. I am directed by the ComMilAffrs , to whom was referred the JtResolution (H.R.No. 158) providing for the settlement of accounts of IV. H. Hamrick, to report it back to the Senate without amendment, and with a recommendation that it pass: and if there be no objection I should be glad to have it put upon its passage now. It is a very small matter and WHI take but a moment. There bein no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution. It directs the accounting officers of the Treasury dept to settle the accounts of the late yatt H. Hamrick, lieutenant and quaytermaster of the 39th Ohio volunteers, upon equitable terms, and upon the best evidence available.
Mr. WILSON. 1 will simply state that this officer had property put in his iiands, and within a few hours afterward was killed in battle. This is a resolution to settle his accounts. The Government owes him money, instead of he owing it to the Government. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, apd passed. woouwAiin AND CHOILPENNING.
Mr. WADE. I move to take up for consideration House JtResolution No. 123, which was reported yesterday by the ComIndAffrs. The motion was agreed to; and the JtResolution (H.R.No. 123) for the relief of Elizabeth Woodward and George Chorpen ning, of Pennsylvania, was considered as in ComWhole. The resolution provides for the payment of $32, 325, in equal moieties, to Elizabeth Woodward, widow of Absalom Woodward, and Geo e Chorpenning, for destruction of property by udians between Salt Lake and Ca ifornia prior to. the 1st of July, 1852; the moiety paid to Elizabeth Wood ward to be for the use of herself and her 4 children. It also provides for the payment of $30, 670 to George Chorpenning for property destroyed by Indians between Salt Lake and California prior to the 1st of April, 1856; and the amount thus paid is to be deducted from any annuities now due or that may hereafter become due to the Indians inhabiting that territory. The ComIndAffrs reported the bill with 2 amendments. The 1stamendment. was in section one, line 3, to strike out “ $32, 325” and to insert “$28, 175.” The amendment wasngreed to. The next amendment was in section two, line two, to strike out “ $30, 670" and to insert $26, 370.”
Mr. GRIMES. Jtresolution is accomanied bya report. If so, I ask that it be readi
The PRESIDENT protempore. The Chair is advised that there is no written report accompanying the JtResolution.
Mr. GRIMES. I should like to learn whether anybody knows anything about what the facts are. It seems to me a resolution of this kind ought to be accompanied by a report. There ought to be something to go upon the record explaining it.
Mr. GRIMES. Then I ask that the house report be read.
The PRESIDENT protempera. The Chair is informed that there is no report from the House on the files of the Senate.
Mr. HENDRICKS. I wish to inquire of the Senator having the resolution in charge whether it has been customary for the Government to pay for losses of property caused by depredations of the Indians except in cases where the Government is indemnified by the Indian annuities going to the Indians that did the wrong.
Mr. MORRILL. This resolution provides for that.
Mr. HENDRICKS. I am told that this resolution royides for that deduction. I did not. knowt at.
Mr. WADE. Yes, sir, it does. This res olution comes from the HoRep. After mature deliberation 0n the evidence that was before them, the House committee reported in favor of the payment of I will inquire whether this $63,000. I do not pretend to be fully informed l upon it, and only brought it up by the consent of the gentleman havin it in charge
Mr. GRIMES. There is no question but that there has been, as the Senfrom Ohio says, very mature deliberation in this case. Congress has been deliberating on it, to my knowledge, 7 years, and I believe ithad been here some years before, for it was an old claim when I took in seat in the Senate 7 or 80 ears ago. t may be full of merit; I do not re tend to say how that is; but the Senator oes not state to us the facts in regard to it upon Which we are called on to base our amendment. What I want is a legitimate, proper report from a committee, so that we can read it and see what we are doin.
Mr. CONNESS. Permit me to say that there is a House report accompanying this JtResolution. I had it and read it, but cannot put my hand on it now. It states with considerable preciseness the merits of the whole case, and it would be well, perhaps, before the Seaate acts on it to ct that report.
Mr. TRUMB LL. The House report is among the papers. It was before the ComIndAffrs. There is a whole bundle of papers, and the member of the committee who as the bill in charge knows all about them.
Mr. TRUMBULL. I should not think it advisable to call up the bill in his absence.
Mr. CLARK. The ComIndAffrs, who had this matter in charge, deputed it to one of their members for examination and examined it very thoroughly themselves; but it had better go over and not be called up in his absence, but be called up when he is here, so that he can explain it.
Mr. WADE. I have no objection to its lying over.
Mr. SHERMAN. I move that it be met poned with a view of taking up Senate bil No. 357‘, the telegraph bill. The motion was agreed to. BILLS INTRODUCED.
Mr. ANTHONY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.394) to establish certain ocean post routes between the U.S and Europe, and to regulate the transportation of the mails thereon, and to reduce the expenses thereof; which was read twice by its title and referred to the ComPostOffices.
Mr. ANTHONY. I desire to say that I introduce the bill by request, without committing myself at all to the measure.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.396) for promoting the owth of forest trees on the public lands; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a bill (S. N9. 397) for the reliefin certain cases therein named of settlers in Kansas and on the line of the Union Pacific railroad, eastern division, and for other purposes; which was read twice by its title, referred to the ComPacificRR and ordered to be printed.
Mr. POMEROY. I think that bill ought to be referred to the ComPubLands. I think there is oulya question of public lands in it.
Mr. HOWARD. I have no objection to that reference. I
Mr. CONNESS. I think it is altogether probable that there will be some wish to insert a provision in it connected with the Pacific railroad legislation, and growing out of the late bill passed. ‘With that view, I think it had better go to the Pacific Railroad Committee.
Mr. POMEROY. If it lias anything to do with the road, let it take that course.
The PRESIDENT protempore. The bill has been referred to the ComPacificRR. TELEGRAPH LINES. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.357) to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes. p
Mr. GRIMES. I move to amend the bill by striking out in section one, line 3, the words “the natio‘nal” and inserting “any;" and in the same line by striking out “a corporation organized under the laws of the State of NewYork A ril 16, 1866, ” and inserting “authorized to e organized under the laws of any State in this Union; ” so as to make the section read: That any telegraph companyauthorised to be organi d under the laws 0 any State in this Union shall avethe right to construct, maintain, and ope rate lines oftelegraph through and over any portion of the public domaine f the niteclStates over and along any of the military or post roadsof the U.S., 8:0. The purpose of the amendment is to make a generalplaw on the subject of telegraphs, which will allow any company that may be organized under the authority of any State in the Union to establish telegraph lines, instead ofconfining it to one particular company to put them al on a par.
Mr. HERMAN. The amendment of the Senfrom Iowa, I believe, rather meets my idea; but the select committee who reported this bill at the time they were considering this matter thought it better to take up this comthat member, the Senfrom Pennsylvania, is not in the House at the present time. I think puny, which showed at least an inclination to enter into competition With the great and powerful corporations now existin, rather than I to ndopt an general 5 stein which might be 1 superseded ereiifter. he purpose of this bill is simply to enable this particular company to engage in this competition, believing that they have now the power and the means to do it. I do not myself, however, see any objection to this amendment, unless it would tend to cripple their 0)erations.
Mr. GRIMES. I do not think it will have that effect.
Mr. SHERMAN. My purpose has always been to extend these rivhts to all incorporations, because the fourt section of the bill providesThat nothing containedin this act shall he so construed as to prevent congress from granting to other tel raph companies such powers and privileges as are ereby conferred: and nness may at any time alter. amend or repeal this act. So far as I, as an individual Senator, am concerned, I am not 0 posed to the amendment of the Senfrom own; but I am not authorized to accept it, because the committee thought it better to confine at present the operation of this bill to a single company. If the amendment is to be adopted it ought to be that “ any company now in existence or hereafter authorized ”
Mr. GRIMES. It covers that now. H Any telegrpphic company authorized to be organ ed
Mr. SHERMAN. Say “now organized or authorized to be organized.”
Mr. GRIMES. 'ell, I will accept that mod ification.
Mr. HARRIS. Why not say “any telegraph company “.7”
Mr. GRIMES. I would rather say one authorized by the law of some State. “ Any tel egraph company” might be a mere private association. “Now organized or authorized to be organized” is my amendment.
Mr. SHERMAN. So as to include all exist in companies and all hereafter organized?
Mr. GRIMES. I will say “now organized or authorized to be organized under the laws of any State in this Union.”
Mr. CLARK. Why not say “now or here after organized?"
Mr. SHERMAN. I ask the Senfrom Iowawhether itwould not accomplish his purpose better to leave the bill as it stands and say in the 4th section “the privileges hereby granted to the National Telegraph Company are also conferred upon all other companies organized under the laws of the several States?” Itink thatwould be better.
Mr. CONNESS. The difficulty of that is this, it appears to me: this company is ajoint stock company organized under the laws of the State of New 1 ork; they have a very large capital, as they state themselves in some of the prospectuses accompanying this matter; though they may not have any immediate benefit to their company from the passage of this bill, they expect a great indirect benefit by reason of the credit that it will give their company. In other words, it is proposed by the passage of this bill for this particular company, to enhance the value of their stock in the market. Now, Mr. President, I hope that Congress will not pass an actwith that view, nor having that effect; but that instead of doing it, the amendment proposed by the Senfrom Iowa will be accepted. If on are to pass an act that there be free tra e in telegraphing from the start, very well; if you are able to give advan tages or facilities for telegraphing in the U.S., give them alike to all. Then this company have any benefits that can be derived from the legisletion of congress that they are entitled to iave. Ihope the Senator having the bill in charge will consent to the chan 0.
Mr. SHERMAN. Only by communicating information, reports from interested parties.
Mr. BROW And by expressin his decided opinion that it was not feasible under our political system.
Mr. BROWN. He does notsay “ at present.”
Mr. SHERMAN. I think the Senator has given too much force to the language of governor Dennison. The honorable Senfrom Missouri has been absent during most of the time we have been considering this matter; and although he takes it very much to heart, I think if he had been here and had conferred with Governor Dennison he would have found that he is not so much opposed to this system as the Senator imacines he is. I think he is prepared to aid and give the aid of his office at an time to extending the telegraph system and c ea ening the rate of telegraph messages.
Mr. DOOLITTLE. I incline to think that I also shall vote for the amendment of the Senfrom Iowa, but after all I am in doubt in my own mind whether the Government ought to take telegraphing away from the people and put it under its own control, or whether it should not rather give back the postoffice to the people and let the Government have nothing to do with it, but let the people run the whole concern, postoffice, telegrap, and all. I think we shall arrive at that point some day we are not educated u to it et when we can dispense with the whole 0st Office Dept and let the people take care of the transmission of their own letters, just as they do of their own merchandise. But, sir. I do not think we can dispose of this question today. It is too important in all its bearings to be discussed and acted upon, and disposed of now. I think it had better be postponed. I move thatthis bill unti tomorrow, for the purposebe‘postponed 0 going on with other matters.
Mr. SHERMAN. This matter has been fully considered by the Post Ofice Deptand by the special committee on the subject. The bill has been twice before the Senate, and it is now up again. Let me say another word to the honorable Senfrom Wisconsin. There is nota single power conferred by this bill upon the new company that is not already conferred upon the old corporations. Every provision of this bill has been already granted by law to the old existing corporations, and besides that they have $40,000ayear from the Government of the U.S. as an express monopoly. They have already got from this Government without objection every provision in this bill, and besides that an annuity of $40,000 a year. I hope we shall at least put this new company that proposes to compete with them upon an equal1footing with them without an annuity, and that is' all this bill does. I hope the bill will be disposed of. liff. I’OMEROY. I hope we shall finish this bill to day. I have always found that after we discuss a bill and then lay it aside and have it come up a 2nd time, we have the debate to go over again. Now this, I believe, is the 3rd time this has been. before the Senate, and I hope we shall take a vote upon it and conclude it. I feel no great interest in the measure, becauseI think the bill is so drawn that it is useless for any good purpose for the company when they get it. They get no exclusive privileges; they get no particular rights; and I do not believe capitalists will investin it after the bill is passed.
Mr. HENDRICKS. Iam indifferent whether this bill be disposed of finally today or at some future time. I hope the Senate will reject a bill like this; but if it is to be adopted, and this policy entered upon by the General government, we may as well do it today as tomorrow or some future time. I was not aware that the Congress of the U.S. had ever extended to other telegraph companies the privileges that it is proposed to grant by this bill. know that in the State of Indiana the tele raph companies construct their lines and conduct their nisiness under State law.
Mr. DOOLITTLE. The honorable Senfrom Indiana will allow me to interrupt him and to suggest that, on my motion, it is prefer able to take the sense of the Senate on the point whether the bill is to be postponed or whether the discussion is to go on to ay. Let us settle that point before we go into discussion
Mr. GRIMES, [to Mr. Doomnan] What do you propose to bring up? Anything?
Mr. DOOLITTLE. There are other matters that ought to come up today; and be sides, I gave notice yesterday that I should move early today for an executive session, because one of the treaties yesterday was not disposed of. Icould not keep the Senate here long enough yesterday to dispose of it. Ihope this bill will be allowed to go over until tomorrow.
Mr. SHERMAN. It will only stand in the way of other business.
Mr. HENDRICKS. I have no objection to the postponement. Of course a bill of this sort is not to pass without investigation and discussion. If the Senate wishes to take up sgmething else, I shall not be in the way of t at.
Mr. TRUMBULL. I should be very glad to call up the House bill to fix the number of judges of the SCOTUS and to change the judicial circuits. 1 have been trying to get the floor to move to take it u for several days but there are so many of these telegraph lines and railroad companies and land grant railroad companies that it has been impossible to do any other business for, I should think, several weeks. I hope this bill will be postponed or voted upon an got out of the way in some shape so that we may do some other business.
Mr. HENDRICKS. It is very clever i the Senfrom Ohio to propose to just take a vote on it.
Mr. SHERMAN. On the postponement I mean.
Mr. HENDRICKS. I thought the Senator wanted the vote on the bill.
Mr. SHERMAN. I hope we shall come to a vote on the bill pretty soon. I ask for the yeas&nays on the motion to postpone. The yeas&nays were ordered; and being taken, resulted yeast 10, nays 14; 16.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD its Chief Clerk, announced that the HoRep had passed without amendment a bill (S.No.317) to amend an act entitled “An act to amend an act ontitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, Military, and other purposes, approved July 1, 1862, " approved July 2, 1864. The message further announced that the HoRep had passed the following bills and JtResolution, in which it re uested the concurrence of the Senate: bill (H.R.No. 18) for the relief of the members of the 37th regiment of Iowa volunteer infantry; A bill (H.R.No. 725) to provide for the payment of the 6th, 8th, and 11th regiments of Ohio volunteer militia, of Cincinnati, Bard’s company of cavalry, and Paulsen’s battery, during the time they were in the service of the U.S. in 1862; A bill (H.R.No. 728) authorizing the SecyTreasury to issue certificates of registry or enrollment and license to certain vessels; A bill (H.R.No. 729) to change the port of entry in Puget sound; A bill (H.R.No. 730) relating to pilots and pilot regulations; and AJtResolution (H.R.No. 178) in reference to the Dismal Swamp Canal Company. The message further announced that the HoRep had passed a JtResolution (S.R.No. 110) to authorize the hiring of a building or buildings for the tem porary accommodation of the Dept of State, with an amendment, in which it requested the concurrence of the Senate. ENROLLED BILL SIGNED. The ulessage also announced that the Speaker of the HoRep had signed an enrolled JtResolution (H.R.No. 77) for the relief of Ambrose L. Goodrich and Nathan Cornish, for carrying the U.S. mail from Boise City to Idaho City, in the Territory of Idaho, and of Daniel Wellington and J. C. Dorsey, for extra services in carrying the mail; and it was thereupon signed by the President prolcmpore. COURTS IN GEORGIA.
Mr. TRUMBULL. I move to proceed to the consideration of Senate bill (S.No.382) to change the place of holding court in the northern district of Georgia. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. It provides that the district court for the northern district of Georgia shall hereafter be held at Atlanta, instead of Mari etta. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. WOODWARD AND CHORI’ENNing.
Mr. WADE. I move now again to take up the JtResolution which was under consideration this morning, but which was laid aside until theSenfrom Pennsylvania should come in. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 123) for the relief of Elizabeth Woodward and George Chor eniiing, of Pennsylvania.
Mr. BROWN. I ask for the reading of that report if it is not too long. It seems to be a very old claim, and I should like to know how it differs from a great man other cases where parties lost property on the lains, so as to entitle these persons to prece ence.
The PRESIDENT protempore. This bill will be referred to the ComMilitary ffairs and the Militia, if there be no objection.
Mr. WILSON. I should like to put that bill on its passage without a.reference, if there be no objection. We passed it once and the House has just passed it now. It is to pay the bounty due to a re ‘ment of Iowa troops.
Mr. GRIMES. hope it will be considered new. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill, which provides for the payment to the members of the 30 7th regiment of Iowa volunteer infantry of the same bounty provided by law or which may hereafter be provided b law, to soldiers enlisted into the volunteer orces of the U.S. during the year 1862; and in case any of the members of the regiment are dead or may die before the payment of the bounty it is to be paid to their representatives in the some order provided by law for the payment of bounties in other cases. The bill was reported to the Senate. ordered to a 3rd reading, read the 3rd time, and passed.
BOUNTY OF OHIO TROOPS The bill (H.R.No. 725) to provide for the payment of the 6th, 8th, an 11th regiments of Ohio volunteer militia of Cincinnati, Bard’s company of cavalry, and Paulseii’s battery, during the time they were in the service of the U.S. in 1862, was read twice by its title.
The PRESIDENT protempore. This bill will be referred to the ComMilAffrs , if there be no object' n.
Mr. SHERMAN. The bill is precisely like the other to pay for some troops that were called out in the service of the U.S. in 1862. We have alread provided for one regiment of them, and a bill passed the other day on the motion of the Senfrom Kentucky provid in for Kentucky troops. I hope the Senate wi I allow thisbill to pass at once.
Mr. TRUMBULL. I'very reluctantly made no objection to the passage of a bill a moment ago; and now we see the consequences of that precedent. Here is a bill that as never been read in the Senate, a bill that has never been considered by any committee of the Senate, and I submit to my friendfrom Ohio it isa very dangerous species oflegislation.
Mr. SHERMAN. If there was any objection I would not insist on its passage now.
Mr. TRUMBULL. I do not know that there is any objection.
Mr. TRUMBULL. Has it been considered by any committee of this body?
Mr. SHERMAN. The whole subject of this particular class of troops has been.
The PRESIDENT ro tempore. Debate is out of order, unless yQniversal consent the bill is before the Senate. Is there any objection to its present consideration?
Mr. TR 'MBULL. I object to its being considered until it goes to some committee.
The PRESIDENT protempore. The bill will be referred to the ComMilAffrs . ACCOMMODATION OF STATE DEPT. The Senate proceeded to consider the amendment of the HoRep to the JtResolution (S.R.No. 110) to authorize the hiring of a building or buildings for the temporary accommodation of the Dept of State; which was in line 6, to strike out “ 50 ” and insert “25, ” so as to make the sum appropriated for the hiring and fitting up of a suitable building or buildings for the dept of State $26,000.
Mr. TRHMBULL. I move that the Senate concur in that amendment of the House. The motion was agreed to. RAILROADS 1N MINNESOTA. The Senate proceeded to consider the amendments of the HoRep to the bill (S.No.221) relating to lands granted to Minnesota to aid in constructing railroads, and they were referred to the ComPubLands. TRANSPORTATION of NITRO GLYCERINE. The Senate proceeded to consider the amendments of the HoRep to the bilNS.No. 813) to regulate the transportation of nitro glycerine or glynoin oil.
The PIlESlDENT profcmpore. The amendments will be referred to the ComCommerce.
Mr. EDMUNDS. I have examined the amendments proposed by the House to that bill, and they are merely in the verbal phrase ology of it, and are perfectly satisfactory to me and I have no doubt are to the rest of the committee. I move that the Senate concur in the amendments. The amendments were concurred in. WILLIA.I HICKl IY.
Mr. WILSON submitted the following res olutionj which was referred to the Committee to Audit and Control the ContingentExpenses of the Senate: Resolved, That there be paid to the legal representativesof William Hickey. late Chief Clerk o; the tSheenyate.9300todefray his funeral expenses. and that be paid the balanceof his salary as Chief Clerk for the year in which he died.
Skip Skip MESSAGE FROM THE HOUSE. A messa e from the HoRep, by.LI LLOYD, Chief Clerk, announced that the HoRep had passed, without amendment, the JtResolution (S. B. No. 118) for the construction of a railroad bridge across the Cuyahoga river over and upon the Government piers at Cleveland, Ohio. ENROLLED BILLS SIGNED. The messagealso announced that the Speaker of the HoRep had signed the fo110wingenrolled ills; which were thereupon signed by the President protempore: A bill (H.R.No. 145) granting land to A. M. Jess, of Josephine county, Oregon; A bill (H.R.No. 179) amendatory of the organic act of Washington Territory; and A bill (H.R.No. 391) to create the office of surveyor general in Idaho Territory. SUFFBAOE IN THE DISTRICT.
Mr. STEWART. I should like to inquire of the chairman of the ComDistCol, before we proceed with this bill, which of the 2 measures he proposes shall be finally nssed the one placing this District under the charge of commissioners, reported some time since and which was partially considered some days ago, or this one extendin the suffrage? I think the public good wou d be subserved by the able an well considered bill we had under consideration a few days ago placing this District under the charge of a board of commissioners. I think anytperson who has examined the subject and live in this city for a short period and observed the situation, will be satisfied that that is the kind of legislation we really need. I should like, before we proceed with this bill, to know of the chairman which one of the 2 measures he proposes to press.
Mr. MORRILL. I was quite disposed, on another occasion, to take the sense of the senate on the bill referred to by the Senfrom Nevada, but the Senate seemed to have some apprehensions that, at this late day in the session, it would hardly be practicable to consum mate that measure; besides, I was admonished by my honorable friend on my left, the Senfrom Indiana, [Mr. I‘IENDRICKS] that he had a very decided preference that we should proceed with the consideration of the bill now under consideration, as being the 1st in order.
Mr. STEWART. You had better inquire of him if he intends to vote for either.
Mr. MORRILL. And for some other reasons which were rather hinted at than stated. The Senfrom Massachusetts [Mr. wILSON] also seemed to have such a preference. Thinking, therefore, that it was posSible I might not succeed in getting the attention of the Senate to the bill referred to by the Senfrom Ne vada, and considering that this bill was reported to the Senate among the earliest that were introduced at the commencement of this session, and considering, moreover, as I believe, the general expectation in the country that Congress should not adjourn until some action upon this subject had been taken, I concluded to ask the attention of the Senate to this bill. Perhaps I ought to say, before askin the consideration of the Senate further, that propose to offer some amendments to this bill further to qualify it. As reported to the Senate it provided for unrestricted and, I believe, what would be called impartial and perhaps universal suffrage in the District, as applicable to all males of the years of majority. I propose toqualify it by requiring that persons to e entitled to the elective franchise in this District shall be able to read and write; further, that persons who served in the military or naval service of the country during the rebellion shall have the right to vote; and afur tberqualification disfranchisingall persons who entered the service of the confederate States against the Government of the U.S. With these qualifications I made up my mind that it was my duty, having charge of this bill, under all the circumstances, some of which I have alluded to. to ask the consideration of the Senate to the subject. I am not iai‘licularly desirous of going on with it now, if gentlemen want further time. Otherwise I should like to have the consideration of the Senate today. The subject is one that has been very much discussed; and in the limited,qualified form in which I proposeto put it, had hardly anticipated muc objection to it.
The PRESIDING OFh‘lCER, (Mr.Au ruour in the chair.) The question is on the amendment offered by the Senfrom Maine to the amendment reported by the committee.
Mr. MORRlLL. If the amendment to the amendment is still within my reach I will move to insert it after the word “offense” in the 4th line.
The PRESIDING OFFICER. That change will be made in the insertion of the amendment.
Mr. TRUMBULL. I should like to inquire what hill we are amending. There are so many of them that I really cannot understand them. Are we at work on the original bill, or the bill as reported by the committee?
Mr. MORRILL. On Senate bill No. 1, on an amendment to the amendment reported by the committee.
Mr. TRUMBULL. The amendment that is now offered is to the committee’s amendment?
Mr. TRUMBULL. Then it does not come in on line 4. As I have it printed here the word “offense” is on line 6. M
Mr. MORRILL. The Senator has the wrong co.
Mr. TRUMBULL. I have what ur orts to be Senate bill No. 1, reported by hli. Ion mLL, with amendments, namely, “strike out the parts within the brackets and insert those printed in italics.” Is that the bill you are at work upon ?
Mr. MORRILL. No, sir. The billon which we are now acting is the one reported on the 12th of January last.
Mr. WILLE. Is the proposition of the Senfrom Maine susceptible of amendment at present?
the PRESIDING OFFICER. It is an amendment to an amendment, and not subject to further amendment. The amendment to The amendment was agreed to.
Mr. WILLEY. Is that proposition now susceptible of amendment?
Mr. MORRILL. I move further to amend "the amendment by inserting in section one, line 7, after the word “therein, ” the following words: “ and who can read the Constitution of the U.S. in the English language and write his name.”
Mr. BROWN. I ask for the yeas&nays on that proposition. The eas and no s were ordered.
Mr.)OMERO. I do not think I would object to this amendment but for the insertion of the word “English.” There are a great many very well educated men who cannot read in the English language, or write their names in English.
Mr. MORRILL. If they are citizens they ought to be able to read the English language.
Mr. POMEROY. They are Germans. here are in my State a great many Germans who are educated, loyal, patriotic, and radical, but they cannot read the English language. They can write their names, but they cannot write their names in the English language. They write them in German; that is, they have the Ger man spelling and the German letters. I do not know but that it is necessary in this District to insist that persons who enjoy the franchise should write in English; but I have yet to learn that a man is any more of a patriot by writing in English than he would be by writing in German or some other language. I have believed that a man was an American as truly when he became so from choice as though he was so from necessity. The Senfrom Maine and myself were born here; but we could not help it. There is no great meritin that. But the man who becomes an American from choice, who looking over the ocean and seeing America, learnin of our institutions, breathing some‘ what of our freedom, longing to identify himself with us in this great struggle for self government, comes here and voluntarily assumes the duties of a citizen, enters our Army, and carries our flag to victory; I as. such a man, if he cannot write a word in nglish, is an American; he is a patriot; he is loyal; and he should be entitle to vote. I should not like to defeat this amendment by proosing an amendment to it, but I certainly believe it would be stronger and better by striking out the word “ English" and letting it stand, “who can read the Constitution of the U.S and write his name.”
Mr. WILSON. I move to amend the amendment by striking out the words “in the English language.”
The PRESIDING OFFICER. This is an amendment to an amendment, and it is not susceptible of further amendment.
Mr. WILSON. Then I will say, while I am up, that I do not think it right to insert the words “in the English language ” here. I think it a great mistake. We ought to say nothing about that, and I see no sort of sense in putting in the words “who can write his name." What has writing to do with voting? Many men of rare intelligence and character, from physical causes, cannot Write their names, owing to paralysis or some cause of that kind. In some of the States where they have made this rule, they have provided for such persons by adding the wo, “unless prevented by physical causes.” I do not see any reason for the insertion of these words, “ in the Eu lish language.” I think the whole thing is trifling. I 0 not believe in putting in any of this matter about reading. We put it in our constitution a few years ago in Massachusetts, although we have not today probably a thou‘ sand voters in the State who cannot read and write; and it has been quoted for us and against us from that time to this. I have attended elections in the State for thirt years, and I never knew the test put and I 0 not suppose it has ever been put. Ivoted against it and I am opposed to it now. I 0 not believe a word ofit. Still, ifI could not get a suffrage bill through without it, I would consent to it. But why tell a German, a man of intelligence and character, that he must read the Constitution in the English language? Why say to the Frenchman, or to any other foreigner who comes here, that he must be able to read and write in the English language ‘I I think it is all wrong. In myopinion we had better meet the question square y on the manhood of the case.
Mr. MORRILL. I am not at all particular about the phraseology. I think it not unlikely that the influence of Massachusetts in this in stance was a sort of malign influence to which I ought not to have yielded. I found this provision in the constitution of Massachusetts, and I did not suppose that her honorable senpltor would feel quite at liberty to repudiate it ere.
Mr. MORRILL. But outside of Massachusetts there is a reason that occurs to me why we should require those who exercise the elective franchise to read the English language. It is the language of this country. There is none other recognized in the publication of the laws.
Mr. MORRILL. I am speaking now of the laws of Congress. The Constitution of the U.S. is not furnished by Congress to anybody except in the Eulishlan an e. The 5 years’ quarantine, within which aforeigner is to have an opportunity to learn our institutions. are sufficient, if he is intelligent, to learn the English language, and to enable him to read the Constitution, and therefore it is no hard ship. I believe for the sake of unity, unity in our civilization, unity in our language, unity in our sentiments and opinions, that we ought to inculcate as a standard and a formula that the laws should always be printed in the English language; and so far as any qualification is concerned, certainly our civilization is worth but little in its influence and its effect upon aliens and foreigners, if at least we do not require them to speak our language. That is the reason that influences me more than anythin else, and leads me to desire the adoption of some such reposition. At the same time. I do not think it of importance enough to divide our friends upon that subject; and in order to accommodate the question to the views of gentlemen I am perfectly willing if it is within my power, to modify the amendment by striking out the words “in the English language;" so that it will read, “and who can read the constitution and write his name.”
The PRESIDING OFFICER. The yeas&nays having been ordered, it requires general consent to make the modification. The Chair bears no objection, and the amendment to the amendment is so modified.
Mr. GRIMES. I know it does not require them to read in the English language, but it requires them to read the Constitution in some language. You will not find the Constitution published in 1/2 of the languages that are spoken by these different people in the country. Vill not the adoption of such an amendment lead to complications and troubles if it is put upon that basis? That is the point I raise.
Mr. MORRILL. I will say to the honorable Senator that it seems to me the obvious answer to that is, that this provision applies to the DistCol, and if it should have the reflexinfluence in a general way that he so poses, of course no State would be dispose to adopt it as a formula where a portion of the people are situated as the honorable Senator supposes. Whatever its general influence might e, it would not have the effect to influence the legislation of such a State.
Mr. SUMNE. I should like to have the attention of the Senfrom Maine for one moment. It seems to me there is some misunderstandin in regard to the bill now before the Senate. fIremember aright, the bill that the Senator has called up was 1st reported from the committee. Then, on motion of the Senfrom Illine s, who is now by my side, [Mr. Ys'rss] it was referred to the committee again; and, according to my recollection, the committee reported back, then, the House bill, a bill that has already passed the House, on this subject, and our chairman was directed to put that bill on its passage at as early 11day as possible. Now, I understand that the chair man, instead of utting the House bill on its passage, brings iiirward the other bill, which lied been recommitted to the ComDistCol, on motion of my friend, the Senfrom Illinois. It seems to me there is some misapprehension.
Mr. MORRILL. The misapprehension is in the facts. The honorable Senator has not the facts in his mind.
Mr. SUMNER. Perhaps not; I thought I had.
Mr. MORRILL. lVith his permission, I will state the facts.
Mr. MORRILL. The one we have now under consideration, sayin that it was, they believed, the bill which the colored people in this District most desired to pass; that they were in favor of limited, qualified suffrage.
Mr. BROWN. Those not limited were in favor of limiting the others.
Mr. MORRILL. No, sir; these men had no rights that were not common.
Mr. BROWN. The fellow that could read and write was willing to limit the man who could not read and write.
Mr. MORRILL. I do not know what their motives were, but they were intelligent enough to vote and comprehend the question. I on ymention that I do not know that it ought to have any influence as one of the facts which led me to feel that it was my duty to present this bill to the consideration of the Senate and to propose these amendments. I intended before asking the vote of the Senate on the question to say what I have now said; that there are 2 measures before the Senate: one provides forqualified suffrage and is an election bill; and no other is a declaration of the principle of universal suffrage, but confers no right. Of course, if the Senate prefer the 2nd, then we can lay this aside and proceed to the consideration of the bill which came from the House; but having been persuaded myself that we had better proceed to the consideration of this bill, for the reasons I have stated, I felt not only authorized, but quite obliged, to bring the bill in its present shape before the Senate.
Mr. STEWART. I more to postpone this bill and all other prior orders and take up Senate bill No. 257, which we nearly completed the other day, and which can be disposed ofbefore the hour for going into executive session. We. cannot arrive at any result today on this bill. d before us the whole. l l
Mr. STEWART. It is the bill to regulate the possession of the mineral lands, which we nearly ert‘ected the other day.
ThepltESIDING OFFICER. The question is on the motion of the Senfrom Nevada.
Mr. MORRILL. I hope that will not be done.
Mr. STEWART. I will withdraw the motion if the Senator desires to go on with this bill.
Mr. HOWARD. Let us go on and pass this i.
Mr. WILSON. We can pass it today, I think.
Mr. POMEROY. I hope this bill will not. be laid aside. I object on general principles; after we have discussed a bill for awhile and got ready to pay '5 it, to lay it aside, not because want to antag nize this bill with any other; but as we have it under way, I think we had better rocced with it.
Mr. STEWART. Very well; I withdraw y motion.
The PRESIDENT proiempore. The question is on the amendment of the Senfrom Maine, upon which the yeas&nays have been ordered. The question being taken by yeas&nays, resulte yeas'15, nays 19; 15. So the amendment to the amendment was reJected.
Mr. WILLEY. 1 move to amend the amendment reported by the committee by striking out| all after the word “ that, ” at the beginning of the 1st section, and insert the following: In all electionsto be held hereafter in the DistCol. the following described persons and those only, shall have the right to vote. namely: 1st. all those personswho were actually residents of said District and qualified to vote therein at the elections held therein in the year 1865, under the statutes then in force: 2nd.all persons residents of said District who have beendu y musteredinto the military or naval service of the U.S. diir in the late rebellion and have been or shall hero er behonorabf discharged therefrom: 3rd. male citizens of the U.S. who shall have attained the age of 21 years. (excepting paupers.persons noncompo! “men“:or onvicted of an infamous offense.) and who, bein residents of the ward or district in which the yshul offerto vote shall have resided in said District for th period of one year next preceding any election, and who shall have paid the taxes assessedagainst them and who can read and whocan write their names. On this proposition I deem it my duty to address the Senate somewhat at length; and in asking this indulgence at the hands of the Senate, desire to state that I am ready to proceed now or at any time that will suit the convenience of the Senate. I understand there is a desire to go into executive session pretty soon; I do not wish to interfere With that.
Mr. DOOLITTLE. If it will not interrupt the remarks of the honorable Senfrom WestVirginia, I Will now submit the motion that the Senate now proceed to the consideration of executive busmess.
Mr. WI LLEY. I am entirely willing to submit to the wishes and convenience of the senate, either to proceed now or to give way to the motion of the Senfrom Wisconsin, as the Senate may desire. To me it is a matter of. perfect indifference.
Mr. DOOLITTLE. If it is entirely accept able to and is considered as courteous on my part by the honorable Senfrom WestVirginia, I will move an executive session.
The PRESIDING OFFICER. Does the In my opinion, it had in Senfrom WestVirginia yield the floor to the Senfrom Wisconsin?
Mr. WILLEY. Certainly, air. The motidn was not agreed to.
Mr. DOOLITTLE. I now move that the Senate proceed to the consideration of executive business. This will come up as the unfinished business tomorrow. The motion was agreed to; and after some time spent in the consideration of executive business the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, June 27, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Bonn ox. The Journal of yesterday was read and approved. BRIDGE aoaoss THE cuvsuoos.
Mr. EGGLESTON. At the request of my colleague, [Mr. SrALnixo] who is absent, I move to take from the Speaker’s table JtResolution S.No. 118) for the construction of a railroad ridge across the Cuyahoga river over and upon the Government piers at Cleve land, Ohio.
Skip Skip No objection being made, the JtResolution was taken from the Speaker’s table, read a 1st and 2nd time, ordered to a 3rd reading; and was accordingly read the 3rd time and iassed. Mr. E GLESTON mtRtv the JtResolution was passed; upon the table. The atter motion was agreed to. PRINTING OF A REPORT.
Mr. LATHAM, from the ComPrintg, submitted the following resolution; which was read, considered, and agreed to: Resolved, That there be printed 2500 extra co iesof report 0. 66, of the House ComPublic Lands. on the subJcct of the saleof mineral lands. 1500 for said committee and 1,000 for the membersof this House. UNION PACIFIC RAILROAD, EASTERN DIVISION.
Mr. WILSON, of Iowa. I ask leave to introduce a JtResolution explanatory of an act entitled an act to amend an not entitled “An act to amend an act entitled ‘An act to L aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Gavernment the 'purposes, approve July 1, 1862, ” approved uly 2, 1864. L It refers to the bill passed yesterday, and I have prepared it in exact pursuance of the amendment which Iproposed to the bill yesterday, and which the Gentfrom Pennsylvania [Mr. Srsvsxs] said would not be objected to, inasmuch as it contained precisely what he stated to be the true construction of the bill then passed.
Mr. STEVENS. Is that the road that begins at Kansas City and runs west?
Mr. WILSON, of Iowa. It is the explan atory bill of which I gave notice yesterday.
Mr. STEVENS. I beg the gentleman’s par don. I think the bill better be printed.
Mr. WILSON, of Iowa. Let it be read. The bill was read at length. It provides that nothing contained in the act described in the title of this act shall be so construed as to enlarge the grant of land made to the Union Pacific Railroad Company, eastern division, by the acts of July 1, 1862, and of July 2, 1864; nor to entitle said company to any greater amount of bonds of the U.S. than it would have been entitled to receive on the construction of its road from the mouth of the Kansas river to the point of junction with the Union Pacific railroad on the 100th meridian of longitude, as indicated by the map heretofore filed by said company in the Inte rior Dept; nor in any manner to interfere with the right of the Union Pacific Rail 1 dom 1st received a legal definition and found road Company to receive the bonds of the let it have its complete, final, and glorious' use of the same fordpostal, military, and other i U.S. provided for in said acts ofJuly 1, 1862, and July 2, 1864, to aid in the construction of the road and telegraph line of said last mentioned company on its entire line from Omaha to the point where it may meet and join the road of the Central Pacific Railroad Company, of California.
Mr. STEVENS. DOI understand the Gentfrom Iowa [Mr. wILSON] desires to put this bill on its passage now '1
Mr. STEVENS. Then I mustobject, because it is a long bill and contains things which I do not understan.
Mr. WILSON, of Iowa. Before the Gentfrom Pennsylvania [Mr. STEYENS to enforce his objection I desire to say one word in exlanation of this bill. I have prepared this bill in accordance with the statement made yesterday by the Gentfrom Pennsylvania in the debate on the bill which was passed amending the Pacific railroad act. My bill differs in no respect from the construction given yesterday to that bill by the Gentfrom Pennsylvania. It is drawn in precise accord with what that gentleman stated he would be willing to have passed in a separate bill, explanatory of the bi l passed yesterday, so as to prevent the construction being placed upon itwhich Istated Ifeared would be placed upon it. It does not change in any particular the statement of construction made by the gentleman to the House.
Mr. DAWES. I would inquire of the Gentfrom Iowa if this bill contains the amendment which he proposed yesterday.
Mr. WILSON, of Iowa. It contains the amendment I offered yesterday with a modification, which modification relates to the land Yes, sir; I do so grant. The amendmentI offered yesterday
Mr. STEVENS. I would suggest to the Gentfrom Iowa [Mr. WILSON] that he had better not waste time now in discussing the merits of this bill. I think this bill had better be printed and go upon the docket, so that we can examine it thoroughly, as my friendfrom Massachusetts
Mr. DAWl IS] will object to anything short of t at.
Mr. WILSON, of Iowa. I will say, in reply to the Gentfrom Pennsylvania, [Mr.S'rs vans] in the language which he used yesterday concerning his bill. “That would be sending it to its grave.” Now, I wish to explain the difference between this bill and the amendment I offered yesterday.
Mr. DAWES. I would like to inquire of the gifGentfrom Pennsylvania [Mr. S'revsxs] he has for otten what he said yesterday.
Mr. DAWES. Then the gentleman delib erately departs from what he yesterday pledged himself to do.
Mr. STEVENS. Yes, sir; and the gentleman rejected my offer and put this matter upon a fair issue, which has been decided.
Mr. DAWES. The gentleman’s offer was not that we should vote for his measure; but he said if that bill passed he would help us put through an explanatory act.
Mr. STEVENS. I said if the gentlemen would withdraw their opposition I would go for such a bill. But the gentlemen refused to do that, and placed their question upon the cast of the die.
Mr. DAWES. Then I understand the Gentfrom Pennsylvania [Mr. S'rizvsssj to oppose this exlanatory act, which yesterday he said he won d be willing to vote for, simply because we voted against his bill.
Mr. STEVENS. No, sir; but I do not feel myself bound to accept this proposition, because gentlemen did not acce t the otfer I made them. But I have said that if this bill is reported and printed I will examine it.
Mr. WlLSON, of Iowa, I wish to state the difference between the bill I now propose and the amendment which I Offerred yesterday. In the 1st clause of the amendment which [proposed yesterday it was provided that no mineral lands should be included in the grant thereby made. but the same should be reserved to the U.S. My construction of the bill which passed yesterday was that it made a new grant of land, and I desired to reserve the mineral lands. The Gentfrom Pennsyl vania insisted that it made no new at of land. I have simply provided in this bill that the grant of lands made to the Union Pacific Railroad Company, eastern division, shall not be enlarged by the terms of the bill which passed yesterday. Now, sir, I wish to read what the gentleman said yesterday in reference to this bill
Mr. STEVENS. I do not like to interrupt the gentleman, but I wish to inquire whether, after objection being made, this discussion is in order.
The Speaker. The Gentfrom Pennsylvania [Mr. STEVENS stated, as the Chair understood, that he waived his objection. If he objects now, the bill is not.before the House. Does the gentleman object?
Mr. WILSON, bf Iowa. I ask the gentleman to yield to me a‘moment that I may submit a proosition.
Mr. STEVENS. Iwillliear the gentleman’s proposition privately, but I do not think it necessary now to consume time
Mr. WILSON, of Iowa. Iwas about to propose that the bill shall go over for the present, shall be printed, and be taken up tomorrow.
Mr. WILSON, of Iowa. Very well; that is keeping faith.
The Speaker. The bill, being objected to, is not before the House.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonxnr its Secretary, announced that the Senate ha passed the JtResolution (H.R.No. 158) providing for the settlement of the accounts of W. H. Hanirick. The message further announced that the Senate had passed the bill (H.R.No. 613) entitled “An act to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes, ” with amendments, in which the concurrence of the House was re nested. The message further announced t iat the Senate had insisted on its amendments, disa greed to by the House, to the bill (H.R.No. 127) entitled “An act making appropriations for the support of the Army for the year ending the 30t of June, 1867, " had disagreed to the amendments of the House to other amendments, had agreed to the conference asked by the House, and had appointed as conferees on the part of the Senate essrs. SHERMAN, Wu. sos, and YATES. The message further announced that the Son.ate had disa reed to the amendments of the House to the bill (S. No.145) entitled “An act granting lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph, had asked a conference on the disagreeing votes of the 2 Houses, and ointed as conferees on the part of the Senate essrs. POMEROYLBROWN, and RIDDLE. PAYMENT OF KENTUCKY MILITIA.
Mr. KASSON, by unanimous consent, moved that the ComAppropriat be discharged from the further consideration ofJtResolution S.No. 94, providing for the payment of certain Kentucky militia forces, and that the same be referred to the ComClaims. The motion was agreed to. PAYMENT OF KANSAS)HLITIA.
Mr. KASSON, by unaniine usconsent, moved that the ComAppropriat be discharged from the further consideration of hill 8. No. 360, entitled “An act to authorize the SecyWar to settle the claims of the State of Kansas for services of the militia called out b the Governor of that State, upon the requisition of Major GenlCurtis, the commander of the U.S. forces in that State, and that the some he referred to the ComClaims. The motion was agreed to. KANSAS AND NEOSHO VALLEY RAILROAD.
Mr. ROLLINS. I call for the regular order.
The SPEAKER. The 1st busmess in order is the bill remaining undisposed of at the adjournment yesterday, Senate bill No. 285, granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to Red river. The pendin question is upon the motion of the Gentfrom Indiana iMr. JULIAN] to refer the bill to the ComPubLands. It appears by the Globe that this motion was made both by the Gentfrom Indiana and the Gentfrom Ohio, [Mr. SPALDING.] As the Journal credits the motion to the Gentfrom Indiana the Chair will regard it as having been made by him.
Mr. STEVENS. I trust that that bill will be allowed to lie on the table.
The Speaker. That would require unan imous consent, as the motion to refer is pending. If the Gentfrom Indiana withdraws his motion, the bill may be passed over informally; but if the gentleman persists in his motion it. must be ut.
Mr. STEVENS. I trust that the gentleman will withdraw the motion and allow the bill to lie on the table for the present.
Mr. JULIAN. With the understanding that the bill shall not be called up till we have an Opportunity to examine iIt, withdraw the motion to refer.
The Speaker. If there be no objection, the bill will be passed over informally, remaining upon the Speaker’s table. There was no objection. MICHAEL BARRON.
Mr. ALLISON, by unanimous consent, introduced a bill for the reliefof Michael Barron; which was read a 1st and 2nd time, and referred to the ComInvalidPens. PREVENTION OF SMUGGLING.
The Speaker. The 1st business of the morning hour is the bill (S.No.222) further to prevent smuggling, and for other purposes; which was under consideration at he expiration of the morning hour yesterday. The pending question was upon the following amendments offered yesterday by Mr. Hun PHREY: Amendsection 2, in line 7, by inserting after the word "district" the words “where he or they shall suspect there are goods, wares, or merchandise thereon.subject to duty or which shall have been introduced into the U.S.in anymannorcon trary to law." Amend section four by striking out the words “ and the burdenof proot'shall beupon the claimant whore probable cause is shownfor such prosccution, to be jugglclrlof by the court beforewhich the prosecution is e."
The Clerk read as follows: Amend section two. line 7, h' inserting after the word "district" the words “where he or they shall suspectthere are goods, wares, or merchandise thereon subjoct to duty, or which shall have been introduced into the U.S. contrary to law."
Mr. HALE. Will the Gentfrom Massachusetts yield to me for a few minutes?
The SPEAKER. The gentlflnan has 27 minutes of the morning hour remaining.
Mr. HALE. I will not occupy over ten minutes, and probably not more than 5 minutes.
Mr. HALE. Iask the attention of the House for a very few minutes. This is a bill which this House ought to understand so far as re i'ds the effect of the amendment proposed Ea my colleague from the Buffalodistrict, [Mr. UMPHREY.] Section 4 provides for certain penalties for smuggling, consisting of forfeiture of goods, fines, and imprisonment. Its provisions, although stringent, are undoubtedly proper, except that it closes with what seems to be a very extraordinar provision, which my colleague from the Buffalo district prooses to strike out. Ithiuk it ought to be stricken out. It provides that in a criminal prosecution where a man is subjected to forfeiture of property, fine, and imprisonment, the burden of proof shall lie, not upon the rosccution, where by all the rules of law it is always placed, but upon the defendant where “probable cause” is shown. Now, “probable cause” does not mean a primafarie case. if it did there would be no need of this provision, forifa primafacie case is made out the burden of proofalways rests on the defendant. But “probable cause” has a fixed, definite, and technical meaning. It means such a ground of suspicion as will protect the complainant from the charge of also imprisonment or malicious prosecution. Ican not believe that this House is prepared to adopt a rule which will say that when a man is ar rested upon suspicion not upon evidence sufficient to convict him, but evidence sufficient to raise a suspicion merely the burden of proof shall be thrown upon him. I do not think that such a provision would add to the protection of the revenue of the country. I am in favor of making this bill just as stringent and efficient as it can be made with proper regard to the rights of all parties who may be implicated under it; but I do not thin there ever was a case where crime was suppressed by reversing the ordinary rules of law. hope that the amendment of my colleague will be adopted.
Mr. HUMPHREY. Will the gentleman yield to me for a moment?
Mr. HUMPHREY. I merelywnnt to ask a question.
Mr. ELIOT. Very well; I will yield for a question.
Mr. HUMPHREY. This language is the precise language used in the law under which civil proceedings are now adiniiiistere(l, apd the language has.come to have a fixed judicial. construction. Now, if we as a legislative body employ this very language in a bill, will the gentleman pretend that the court administering our law would not say that it should be construed as the courts have hitherto construed it?
Mr. ELIOT. The next time my learned friend appears in court to defend a smu gler, he will be the very 1st man to contend that it could not have been that the words “ probable cause" in this connection meant that kind of probable cause which has been required in questions of costs or probable cause of suit.
Mr. THAYER. I desire to ask the gentleman this question: if the phrase which is used means more than is commonly understood by the technical phrase “probable cause, ” if it means, in other words, a primafacie case, what necessity is there for this provision? Where aprima facie case is made out, is not the burden of proof always upon the defendant?
Mr. ELIOT. That involves the question, what is meant by the “ burden of roof?” Some very good lawyers believe that there is a very loose way of talking about “burden of roof.” In a criminal proceeding, what is airly called the “ burden of proof” does not shift. The burden of proof is on the Government wholly and throughout, and when all the evidence is in, the question is, “Has the government proved the case?” In the course of the triafof a cause there may be proved facts which must be explained, or which, ifnot exnlained, will justify the jury in finding a verdict of conviction. In such a case it is sometimes said by the profession the bar den of roofshifts. That, I suppose, is what my friend fiom Pennsylvania means. For instance, a man is chargedwith having stolen a watch the owner of no watch comes upon the stand and swears that he had the wate i an hour'be fore it was found upon the defendant; that he never parted with it willingly. The defendant, the watch having been found in his hands, is charged with stealing it. Under these circumstances he must explain how it came into his possession. It won d be said ordinarily that the burden of roof is on him to explain that matter. But that mode of speaking is not correct. The burden of proof is throughout on the Government to sustain the charge. But there are circumstances which, though not amounting in themselves to direct and conclusive evidence, raise such a resumption of guilt that if unexplained by the defendant, they justify the jury in convicting.
Mr. THAYER. I will ask the gentleman, why not leave the rules of evidence in cases arising under this bill just where you leave the rules of evidence in the case which he has put by way of illustration? Why should we not apply in the cases arisin under this bill the same rules of evidence that are applied with reference to the crime of larceny or the crime of receiving stolen goods? Whyshould we not leave these cases to be determined according to the general rules of law which reg ulate criminal trials instead of undertaking to make a special code of rules for the offense of smuggling?
Mr. ELIOT. That is just what this does. This brings the smuggler into the same cate gory with the man who is charged with having stolen a watch. Let me tell the gentleman that in this case of smuggling the facts are not of the same kind as those in the prosecution of a man for stealing a watch, because there the owner of the watch is on hand to identify his property. Here the owner of the property is not present, and the Government has it not in its power to show the fact. The only object of the provision is, on probable cause shown, to require the defendant to explain how it was he came by the goods which are the subject of charge. it is to put him where the man charged with stealing a watch is put when the owner of ‘setts, as I cannot have the privilege of speak the property is on the stand identifying it, and showin he never parted with it willingly.
Mr. ELIOT. My learned friendfrom the Buffalo district [Mr. Ilunrunnv will be able I to say that is not the law as a ministered in smuggling tria s.
Mr. H LE. it is the law, notwithstanding.
Mr. THAYER. I desire to say, with the indulgence of the Gentfrom Massachuing when he has closed. in all cases the question of uilt may be made out by circumstantial evidence, and the jury is at perfect liberty to convict if in their judment the circumstances ive rise to a fair presumption of guilt. but that is not the proposition in the clause which the Gentfrom NewYork moved to strike out the proposition in‘that clause to make it incumbent on the judge to charge the defendant is guilty unless he has thrown off what it is proposed to put upon him, the burden of proof? It is to convict him by operation oflaw, and not to leaveit as a question of fact for the jury to determine the circumstances of the case. I want to ask the gentleman why the rules of evidence applied to all other criminal cases should not be applied to cases arising under the Ilaw now the subject of construction.
Mr. ELIOT. Without stopping to answer the 1st part of the gentleman s remarks, I will answer his last question here. Assumin this is a change to the extent he states, I tel him the time we come, if the smuggling laws are to be enforced, when there must be to that extent that change of the law. I tell him the men who are carryin on smuggling are men of skill. It takes 5 ill to make a smuggler. It is a profitable business. The men engaged in it employ the best talent at the bar, and the handsome, honest face of my friendfrom Buf falo, and the carnestand enthusiastic eloquence which he can employ, will be all brought to bear in favor of the men who violate the law. It is more than we can do, ifI am to rely upon the evidence which comes to me from the Treasury Dept, to enforce the laws in reference to smuggling on the present rules of evidence. So that if it be as think it is, not to the extent claimed by the Gentfrom Pennsylvania, if it be the provision in this section does to a certain extent change it, I say, 1st, Congress has the right to do it; and 2nd, because for the reason given we are called upon to this extent to do it.
Mr. HALE. Pardon me asingle suggestion. If the principle the gentleman now contends for is the one sought to be established it may be better done by inserting 2 legal maxims: 1st, that all men are to be presumed nilty until they prove themselves innocent; and 2nd, it is better that 99 innocent ones should suffer than one guilty should escape.
Mr. ELIOT. That is not as bright as my friend would suppose.
Mr. HALE. Tdo not t hinkit is very bright, but it conforms to the provisions of the gentleman's bill, which I do not think bright.
Mr. ELIOT. The law will be the same on that point as before; a man is to be held inno cent until proved to be guilty. When facts are alleged which the Government cannot prove, but which he can show, which the Government cannot make plain, but which he can but will not make plain, then the effectis simply to put the burden which those facts should put upon him. Now, I have desired to call the previous question, and I will say this: if the House desires further debate upon the bill let it vote down the previous question. I want to have decisive action upon the bill. This provision ought, I believe, to be put in it; but if the House is unwilling to 2nd the preVious question I shall acquiesce.
Mr. ELDRIDGE. I appeal to the gentleman not at this moment to insist upon calling the previous question, but to allow me to offer i an amendment. I understood him to say on yesterday that if anybody had objections to this bill he would allow an Opportunity for amendment and correction.
Mr. ELIOT. I beg ardon;'l did not say any such thing. What Ipsaid was in reference to the wishes of my colleague on the committee.
Mr. ELDRIDGE. I desire to say that I have an amendment which I am anxious to offer, and I wish to state my resons for proposing it. If the gentleman will hear my reasons, then he may make his decision in regard to allowinv me to offer it.
Mr. ELIOT. I will allow it to be reported.
The Clerk read the amendment proposed by Mr. ELDRIDGE, as follows: Amend the bill bystriking outall afterthe enac ting clauseof section 20 and inserting " that section four, of chapter 31 of an noteoncerningthe naviation of the U.S., approved March l, 1817. o and the same is hereby.repealed.”
Mr. ELDRIDGE. I do not think the gentleman compreliends the force of this amendment, and I ask to be allowed to state the reasons for and the effect of it. That section, to which this is amendatory, operates very injuriously against the western producer in the transportation of wheat from the western States to the East. We desire that all vessels engaged in the carrying business, without re rd to untionality, may compete for this tra e and bus iness. This will prevent the a reement by American vessels upon the rate ofcharges and allow competition in favor of the producer of wheat.
Mr. ELIOT. I think the gentleman cannot have read section 4 of the act of 1817. By that section it is provided that no code shall be transported from one port of the U.S. to another in foreign vessels unless those vessels shall leave a part of their cargo at one port and carry the rest of it to the other. This section which the gentleman would strike out simply provides “That if any goods.wares, or merchandiseshall, at anyport or placein the U.S.on the northern, northeastern or northwesternfrontiers thereof. be laden upon an vessolbelongingwholly orinpart to n triess, nbJcctor an Jects of a foreign country or coun place and shall betaken thence to a foreignport or to be relnden and reshipped to any other port or placein the U.S.on said frontiers, either by the same or anyother vessel.foreignor American, with intent to evade the provisions of the 4th section of ‘the act concerningthe navigation of the U.S., approved March 1. goodswnres, 1817, the gaid and merchandiseshall, on then arrival at such last named port or place. be scizerland forfeited to the U.S and the vessclshall pay I. tonnage duty of 50 cents perton on her minions urement."
Mr. ELDRIDGE. The gentleman is quite mistaken in supposing that l have not read this section. I have it now by me and desire to have it read for the information of the House.
Mr. ELIOT. I demand the previous question.
Mr. ELDRIDGE. I hope it will not be 2nded. The provision I have referred to will operate veryOppressively upon the wheat growers of the est.
Mr. ELIOT. It keeps foreign vessels out.
The Speaker. Debate is not in order the Gentfrom Massachusetts has himself moved the previous question.
Mr. ELDRIDGE. It prevents all competition and allows certain lines of vessels to establilsh just such freights as they please. On seeonding the demand for the previous question no quorum voted. Tellers were ordered; and the Speaker appointed Messrs. ELIOT and Eniinines.
Skip Skip The House divided; and the tellers reported ayes 57, noes 42. So
Skip Skip The previous question was 2nded and the main question ordered. The question was 1st upon the 1st amendment offered by Mr. HUMPmu JY, as follows: Page 5, section four, line 13, strike out all the word “‘pourt" to the and of the section.as o oivs: And the burden of proof shall be upon the claimant where probablecause is shown for such prosccution, to be judged of by the court before which the prosecution is held. Mr.SPALDINGdemanded theyeas&nays. The yeas&nays were not ordered. s
Skip Skip The question was put; and there were ayes 68, noes 36. So
Skip Skip The amendment was agreed to. The question recurred on the 2nd amendment offered by Mr. HUMflllll IY, to amend section 2 of the bill, in line 7. by inserting after the word “ district” the words “ where he or they shall suspect there are goods, wares, or merchandise thereon, subject to duty, or which shall have been introduced into the U.S. in any manner contrary to law.”
Mr. ELIOT. That amendment would destroy the bill. That is all that the law now requires. I call for tellers on the amendment. Tellers were ordered; and Messrs. ELio'r and HUMPHREY were u pointed.
Skip Skip The House divi ed; and the tellers reported ayes 35, noes 59.
Mr. ELDRIDGE called for the yeas and an s, and for tellers on the yeas&nays. ‘ellers were not ordered. The yeas and nnys were not ordered. So the amendment was disagreed to. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time.
Mr. ELIOT. I call the previous question on the passage of the bill.
Mr. LeBlOND. I hope the Gentfrom Massachusetts will yield long enough for the amendment of the gentlemen from Visconsin [Mr. ELDRIDGE] to is offered. There is a reason for the adoption of that amendment which I think will be satisfactory to the judgment of the gentleman.
Mr. ELIOT. When does the morning hour ex' ire? he SPEAKER. In one minute.
Skip Skip Mr. ELIOT. Then I be e the gentleman wfine t ask me to yield. deman the previous question. Mr. uLDRIDGE demanded tellers on see endingr the previous question. Tellers were ordered; and Messrs. LeBlOND and O‘NEILL were appointed. The House divided; and the tellers reported ayes 74, noes not counted. So the previousquestion was 2nded. The main question was then ordered to be put, bein upon the passage of the bill. Mr. ED IDGE demanded the yeas and nayr s. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the aflirmative yeas 100, nays 83, not voting 49;. So the bill was passed. Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill. reported that they had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: An act (H.R.No. 179) amendatory of the organic act of Washington Territory;. An act (H.R.No. 391) to create the office of surveyor Generalin Idaho Territory; and An act (IT. R. No. 145) granting land to A. M. Jess, ofJoscphine county, Oregon. COMCOMMERCE.
Mr. ELIOT. I desire to say to the House that the chairman of the ComCommerce [hIf. wxsnnumrs. of Illinois] is unfor tunately confined to his bed by indispositiou. He hopes to be able to comehere in the course of 3 or 4 or 5 days. He has sent to me, desiring that I should say to the House that he has 2 or 3 bills in his charge, and that he hopes the House will give him leave to report them when he is able to be in his seat. I ask leave for him to do so, say.this day week, if he is able to be here. No objection was made, and leave was granted accordingly. neronr or RECONSTRUCTION COMMITTEE.
Mr. BLOW. I was absent from the city at the time the JtComReconstruction made their report. I ask permission of the House to sign my name to that report. No objection was made, and leave was granted accordingly. CORRECTION OF THE JOURNAL.
Mr. DUMONT. I rise for the purpose of asking that the Journal may be corrected., voted yesterday in the affirmative upon the bill in relation to the Smoky Hill For railroad. My name is not so recorded on the Journal.
The Speaker. The Journal will be corrected. The response of the gentleman was not heard by the Clerk yesterday. TAX BILL.
Mr. MORRILL. I am ready now to report from the ComWays&Means upon the amendments of the Senate to what is commonly known as the tax bill. There are over 660 amendments of the senate to this bill, many of which are merely ver bal. The ComWays&Means. in their recommendations, have endeavored to follow the expressed opinions of the House as indicated by their votes. 'If any gentleman will indicate the amendments upon which a separate vote is desired, I will ask to have that amendment reserved for a separate vote. I will say, in the 1st place, that the Senate have reduced the tax upon cotton from 5 cents to 2 cents perpound. The ComWays&Means recommend a non-concurrence in that amendment.
Mr. KASSON. I ask a separate vote on that amendment.
Mr. DAVIS. Iaska separate vote upon the amendment of the Senate in relation to the tax upon street railroads.
Mr. MORRILL. I will state some of the amendments, by numbers, and the subjects to which they relate, so that members may understand them. The 270 6th amendment of the Senate is in relation to gas companies. The Senate's amendment proposes to allow the gas companies to add the tax to the price charged; while the ComWays&Means thought that was just, the House, it will be remembered, thought otherwise, and struck it out. The ComWays&Means therefore recommend a non-concurrence.
Mr. THAYER. I call for a separate vote on that amendment.
Mr. MORRILL. The 312th amendment is in relation to ready made clothing. The House fixed the tax at 1%., the Senate proposes a tax of 2%. The committee recommend a noncon currenee. I ask a separate vote upon that amendment. l The 326th amendment of the Senate is in relation to fine cut short tobacco. The ComWays&Means think that is a mistake, and recommend a non-concurrence. The 327th amendment reduces the tax upon smoking tobacco from 20 cents to 15 cents perpound. The ComWays&Means recommend a non-concurrence. I suppose my friendfrom Ohio [Mr. Sensxex] will be opposed to the recommendation of the committee.
Mr. SCHENCK. I ask a separate vote on that amendment, and if necessary I shall call for the yeas&nays.
Mr. MORRILL. The 329th amendment of the Senate is in relation to the tax on cigars. The ComWays&Means are very decidedly of the opinion that the amendment of the Senate is a proper one. But out of deference to the expressed opinion of the House the committee recommend a non-concurrence.
Mr. STEVENS. I shall want a separate vote on that amendment. And I hope that when the committee of conference comes to be appointed some member of the House opposed to that tax will be placed on the committee.
The Speaker. Nocommittee of conference has yet been asked for or ordered.
Mr. MORRILL. In relation to mowers, reapers, and various other articles made free of tax by the action of the House, they were finally left on the free list by the Senate, though the ComFinance recommended otherwise. They remain in the same condition they were in when the bill left the House. I believe I have nowmentioned all the material amendments. There are some amendments in regard to which the ComWays&Means recommend non-concurrence for the purpose of subjecting them to a more critical examination, they being long sections and introducing new matter which should have careful consideration. We have recommended non-concurrence in some instances where it is very possible that on further examination we shall be ready and willing to concur.
Mr. WARD. I desire to have a separate vote upon the amendment of the Senate to section 61 of this bill, with reference to the disqualification of persons interested in the manufacture of tobacco from holding certain offices, such as assessor and collector.
Mr. STEVENS. I will ask the Gentfrom Vermont [ML MORRILL] if the Senate did not make some amendment in regard to postponing the 10%. tax upon banks.
Mr. MORRILL. They did; an the ComWays&Means recommend a non-concurrence.
Mr. STEVENS. I hope the gentleman will permit an amendment to be 0 cred, postpon in the tax for one year. Itir. MORRILL. I should prefer that no amendment should be made to the bill by the House, for that would send it back to the Sea ate. But an action of the House upon the Senate amendment would ofcourse be regarded as instructions to the committee of conference.
Mr. STEVENS. In what way would it be instruction?
Mr. MORRILL. If the House should vote to non-concur, we shall understand that it is the wish of the House to have the time extended.
Mr. STEVENS. With that understanding, I will move to non-concur in the amendment of the Senate which extends for one month the tax on the circulation of the State banks. I think it ought to be extended for one year. If the House non-concur with the amendment of the Senate, it will be understood to be because the House desires a longer time.
Mr. MORRILL. Mr. Speaker, the Senate has stricken out all, or nearly all. that was done in relation to incomes. The ComWays&Means recommend non-concurrence with the action of the Senate on this subject.
Mr. ANCONA. desire to say that I wish a separate vote to be taken on this question.
Mr. PAINE. I desire to inquire of the Gentfrom Vermont whether any change has been made with reference to the tax on agricultural implements.
Mr. MOitRILL. The provisions of the bill on that subject remain as fixed by the House.
Mr. BOLI fWELL. I desire to have a separate vote on the Senate amendment in regard to the transfer of suits from State courts to U.S. courts.
Mr. PRICE. Mr. Speaker, has a separate vote been demanded upon the question of tax in the circulation oft e State banks? gI'heSPEAKER. The Gentfrom Pennsylvania [Mr. STEVENS] has made some remarks upon that subject, explaining why he asks the House to non-concur; but he has not demanded a separate vote.
Mr. PRICE. Then I demand a separate vote.
Mr. BOUTWELL. Understanding that the ComWays&Means have reported in favor of non-concurrence with the Senate amendment relating to the transfer of suits, I withdraw the call for a separate vote.
Mr. WENTWORTH. Perhaps the House would better understand the action of the committee if the chairman would make the general announcement that in no instance, where the House overrode the committee on the bill as originally reported, has the committee taken the responsibility of overriding the House.
Mr. ASSON. Having demanded a separate vote upon the question of the tax on cot. ton, I desire now to say that I have learned from the committee that it is the intention to treat the question in a liberal spirit in the committee of conference; and therefore, after con. sultation with those who concur with me in opposition to the tax as fixed by the House, I withdraw my demand for a separate vote.
Mr. HOOPER, of Massachusetts. I renew the demand.
Mr. HART. I ask a separate vote on the amendment in relation to cigars.
Mr. HALE. I desire to ask lhe'chairman of the ComWays&Means whether on every question upon which the House over ruled the committee the committee now aska as state vote.Mr. MORRILL. I will say in reply to the gentleman that the general purpose of t lecommittee was to conform their action to the votes of the House. The committee’s recommendations to non-concur will be found to embrace every important question in reference to which the Senate and the House differ. I have in dicated every important question upon which such difference exists.
Mr. WARD. Is it in order now, Mr. Speaker, to move non-concurrence in one of the Senate amendments?
The SPEAKER. It is not. The gentleman can demand a separate vote on any proposition; and that will raise the question whether the House shall concur or non-concur.
Mr. WARD. I wish to suggest to the chair man of the ComWays&Means that he ask the House to nonconcur in the amendment proposed by the Senate to section 61.
Mr. MORRILL. I cannot do that, because I am in favor of concurring.
Mr. WARD. I call fora separate vote, then, on the Senate amendment to section 61.
Mr. MORRILL. If all the amendments have been specified on which gentlemen desire separate votes I will call for the previous question.
Mr. BUCKLAND. I desire to renew the dem.nd fora separate vote on the amendment in reference to cotton.
The Speaker. That has already been reserved and will be the 1st vote taken.
Mr. ANCONA. I desire to know whether the demand for a separate vote in reference to ready made clothing comprehends allMSenate amendments on that subject. If not, I ask for separate vote on the amendment of the senate increasing the tax from one to 2 ier cent. advalorem on readyunade clothing, 'c., and a separate vote on the amendment, in reference to the exemption from tax, striking out “work, exclusive of the materials. does not exceed annually in value $1,000, ” and inserting “annual product does not exceed $2,000.” I ask that separate votes shall be taken on those 2 amendments.,
The SPEAKER. Senate amendment number 312 striking out 1% and inserting two, is the only one which has been reserved.
Mr. ANCONA. I demand a separate vote on the other amendment to which I have referred. There is an amendment also in the next section in regard to ready made clothing on which I demand a separate vote.
Mr. MORRILL. I cmand the previous question on all the amendments of the Senate.
Mr. IORRILL. Mr. Speaker, the 1stand perhaps most important item to be voted on is that in reference to the tax on cotton. The House by a large and positive vote fixed it at 5 cents per pound; the Senate have amended by reducing it from 5 to 2 cents per pound, and from what I have seen and war there is a wide variance between the House and the Senate on that subject. I trust, however, the House will not feel disposed to yield its position, as it a pears to me that a tax of 5 cents, if we have any, is not too much. I would much prefer the tax to remain as the House proposed, but at all events lhope we shall not consent to anythingless than 3 or 4 cents per pound. I believe the reduction propose by the Senate, besides working a great injury to our industrial interests, would make too great a reduction in the revenue of the country. If we are to have the trouble of collecting it, it is far better that it should be as much as the House originally proposed. It will make a sad hole in the revenue to reduce the tax from 5 to 3 cents. I trust the House will feel disposed to non-concur in the amendment of the Senate., Mr. KASSON. Will the gentleman allow me to ask him a single question?
Mr. KASSON. Will it not make a sadder hole in the prices to the consumers in this country ifthe tax should be added to the cost of the goods consumed in this country made of cotton?
Mr. MORRILL. No, sir; I think it will add largely to the wealth of the U.S., give southern industr present profitable employment, and add a urge item to our export trade, which is greatlyin want of something to say for the foreign goods. Our people seem determined to purchase at any price. At the present time we have nothing except old which foreign nations are willing to take. They will take our bonds, not at par, but only at 66 cents on the dollar. If we can pass a measure of this kind we shall in a short time increase our manufacture of cotton yarns and other fabrics so as to double our exports. I think it will materiallyincrease the wealth and better the financial condition of the country, and that without injury to anybody.
Mr. RAYMOND. I would like to know by what amount the revenues will be decreased by the Senate amendment reducing the tax from 5 to 2 cents.
Mr. MORRILL. The loss would be from 25 to 27 million dollars.
Mr. RAYMOND. How much if from 5 to 3 cents?
Mr. MORRILL. About 18 million dollars. In relation to the tax on smoking tobacco, the House is well aware that the present tax is 35 cents perpound, and that after a rather sharp contest on the subject the House came to the conclusion, by a very decided majority, that it would fix the tax at 20 cents.
Mr. SCHENCK. By 2 majority the other way in ComWhole, and by 9 in favor of it in the House.
Mr. MORRILL. 9 is a very decided majority, and I think we can carry it by as large a majority now, and we ought to by a larger. If we are to tax the article at all, if we are to get the princely revenue from it we all so much covet, 20 cents perpound is little enough. As it is, the cigar business has suffered largely by the extensive use of the cheaper pipes and more fashionable meer schaums. I trust. therefore, that the House will non-concur with the Senate’s amendment in this respect. In relation to cigars, I think the Gentfrom Ohio and those who acted with iim at the time will find that they are full provided for; that all the chea cigars which his constituents make or can made out of cheap tobacco such as they produce will come in at the lowest rate of duty; and the idea of putting the 40%. advalorem valuation on all their cigars is one that is attended by very great difficulties, not to say impossibilities. NewYork cigar makers say it will be ruine us to every honest cigar maker in that city. All the officers that are connected with the revenue are averse to it, and declare that it is impossible that it can be fairly and properly executed. The opinions of these men ought to be weighed. I do not hesitate to say, whether we follow their advice or not, they have given the subject a great deal ofattention and very likely more than anyone in this House.
Mr. STEVENS. I understood the gentleman to say that the committee inteu ed to move non-concurrence in the Senate's amendment.
Mr. MORRILL. The committee do recommend that iu deference to the vote of the House, while they have from the start and do now $1 tertain a contrary opinion.
Mr. STEVENS. Then the chairman of the committee argues against it.
Mr. STEVENS. Then he had better leave it open and let us discuss this whole question. It is one of the most vital questions involved in this bill. If the gentleman's views prevail the result will be to break up this whole interest in 4 States. Coming, as the gentleman does, from the top of the Green mountains, he does not understand nor feel the importance of this question.
Mr. ILLDIHDGE. Mr. Speaker, I desire to know if it is of any importance that the House should hear what is gomg on. It is impossible for those sitting around me to hear a word that is said.
The SPEAKER. Until the rain ceases it will be difficult to hear. The Chair cannot arrest the noise that comes from above. [Laughter] A MEMBER. There is a good deal of noise in the rear, made by parties that do not belong to the House.
Mr. MOitRlLL. Mr. Speaker. if I do not understand this subject it is not because I have not sat at the feet 0 Gamaliel, [pointing to Mr. STEVEN W] I have studied it foryears just side by side with the gentleman, and l thin I have received as muc instruction theoretically as the Gentfrom Pennsylvania, for I think he possesses no practical information on the subject; that is to say, he does not any more than myself use the weed in any form.
Mr. STEVENS. I live where $23,000,000 worth of it is grown.
Mr. MORRILL. As far as I am concerned I believe I am an impartial juror as between the different sections of the country on this subject of tobacco. My own State does not to any great extent produce tobacco nor make cigars. They consume them, however, but do not care where they come from, and I am unwilling to see the interest of any section of the country sacrificed. Now. it does seem to me that if the Gentfrom Ohio [Mr. SCHENCK] has the interest of his people taken care of it ought not to make him miserable if other fparts of the country have theirs taken care 0.
Mr. SCHENCK. I raise a question of or der. I pass by the imputation which has been more than once made by the gentleman of impropriety of motive on my part; but I wish to know if it is in order for the chairman of the committee to report a recommendation of non-concurrence With a Senate amendment, and then rise to argue against his own report and insist that his own report ought not to be adopted. That is what he is doing.
Mr. MORRILL. I think that is a matter of taste and not a.question of order.
Mr. SCHENCK. I think there is a point of order involved, whether the chairman of the committee shall be permitted to argue that the House ought not to do that which the committee recommend.
The Speaker. The chairman of the committee is the exponent of the committee, but at the same time as a member of the House he is at liberty to express his views, the same as the chairman or a member of a conference committee sometimes does, stating that he dissent s from the recommendation of the committee.
Mr. SCHENCK. I put it on the ground of false pretense.
Mr. MOitftILL. Mr. Speaker, I desire to treat this matter with perfect fairness, not agreeing with the House, yet having sufficient deference for the House to make the report of the committee in accordance with the expressed sentiment of the House. But differing with the House, I think it is proper that I should state the views. not only of myself, but of the majority of the ComWays&Means, and there is no false pretense about it, as the House was informed, at the outset that the ComWays&Means made its report on this question as it did only in deference to the previous vote of the I house reserving the right to act on the question when it came up according to their own judgment. In relation to the question of allowing gas companies to add their tax to the bills of the consumers, l do believe that if members of the House understood all the facts of the'cases to be affected by this legislation they would regard it as a species 0 hardship and tyranny, for which they would not be willing to be responsible, not to allow the tax to be added. Of course those companies not limited by law have no interest in the question. Take. for instance, the largest company which is to be affected, the Manhattan Company, at NewYork. They supply gas and are restricted by their charter to $2 50 per 1,000 feet. They are located in the lower part of the city where the buildings are mostly stores. These stores consume but little gas, not being open like buildings in other portions of the city during the night and yet the same expenditure has to be made by the company for gas pipes. Their sales are comparatively small on a large outlay of capital. I‘ake the case of the Pitts burg company, which is restricted to 75 cents per 1,000 feet for gas supplied to the city and $1 50 for gas supplied to other consumers. Or take the case of the company at Covington, where there is a similar restriction.
Mr. UPSON. I desire to ask the gentleman whether the Senate'samendment discriminates in relation to gas companies in that respect. between those that are restricted by law and those that are not.
Mr. MORRILL. It does. The Senate’s amendment simply applies to those that are under legal restrictions.
Mr. UPSON. I understood, as it was read, that it made no distinction between them.
Mr. MORRILL. Of course it could not apply to any other; they would have the same liberty to add the tax that the man who makes boots has. if they are not restricted by law of course there is no necessity of any action on the subject. If the House refuses to concur these companies can only live by selling oor gas or iving short measure. I do not think that a esirable result. Mr. Speaker, I do not desire to occu 1y further time, and I will therefore yield to the Gentfrom Illinois, [Mr. WENTWOBTB]
Mr. WENTWORTH. In orderthatthe House may act understandingl upon this matter, I will state the position ta ten by the ComWays&Means. We originally made a report to the House and the House, in some few particulars, overrode us. Then when the bill came back from the Senate we did not feel at liberty, after having been overridden by the House. to undo what the House had done. The House had no representative on the commit tee, et we, in every instance, brought back to the house its own action unrejudiced by any action of our own. That is the reason why the committee have felt at liberty to speak against some of the measures which we reported in favor of; it is because the committee wanted to bring back to the House its own action unrejudiced; and I do not well see how we could have done differently. House put in the bill against the original report of the committee comes right back here just as the House sent it to the Senate.
Mr. MORRILL. I now yield to the Gentfrom NewYork.
Mr. GRISWOLD. I desire to express my concurrence with, the chairman of the ComWays&Means with reference to the recommendation of non-concurrence in the Senate’s amendment in regard to the tax on cotton. When the subject was under discussion in the House before, I took the liberty of stating that I was informed that at 25 cents perpound American cotton would he used in England in preference to the cotton of any other country. The Gentfrom Massachusetts, a member of the ComWays&Means, [Mr. Hoorna, demurred to the statement I then made. I desire now to call his attention to my authority for what I then said with reference to American cotton. My authority is Mr. Walker, of Springfield, a gentleman whose intelligence and integrity my friendfrom Massachusetts will not question. He gave me a statement as coming from Sir Edmund Potter, a member of Parliament for Carlisle, one of the largest cotton riiiters in Manchester and former president of pthe Chamber of Commerce there. While Mr. Walker was in England a few months since, having one there under the auspices of the Treasury dept for the express purpose of obtain Iing information on this and kindred subjects, Sir Edmund Potter said to him that at a shil ling a pound American cotton would be preferred to the cotton of any other country. Now, in addition to that I desire the Clerk to read an extract which Isend to his desk. It is from the London Economist of April 7, 1866, and bears directl upon this point.
The Clerk read as fo lows: "They recommend a tax of 5 centsper pound on cotton.to be “levied and collectedfromthe manufacturcr' where the cotton is worked up at homeand from the merchant at the port of export where it is sent away for use abroad. They consider that this tax would not at all diminish the consumption of American cotton abroad; the growerwillJheythink. (and probably rightly) be well able to pay this tax and make a good profit besides. The world will be glad enough to get Aiiicriuiin cottonat a rate which will pay the tax to the Governmentand a fair profit to the rumor."
Mr. HOOPER. of Massachusetts. I wish to say to the Gentfrom NewYork [Mr. Gniswom] that I think his sources of information are rather suspicious, for that information comes from the other sideof the water. I can conceive of their being willing that we should put. ten cents perpound tax upon cot ton. In the remarks I made the other day I said that the effect of this high tax would be to operate as a bounty to the growers of cotton in other countries. GreatBritain has a large interest in the gro i of cotton in India. And I can fancy that this great spinner referred to by the gentleman may be a spinner of the Bom bay cotton. And if he gets his Bombay cot ton without any tax upon iIt can imagine that he would be very glad to see us put a heavy tax on American cotton, and thus encourage the growth of India cotton.
Mr. GRISWOLD. I will give the gentleman further evidence on that point. I desire Everything that the to call his attention to another fact corroborative of what I have stated. I find that from the 1st of January to the 19th of April, 1865, there were imported into GreatBritain 87, 430 bales of American cotton, while during the same term in the present year there were imported 536, 505 bales. While the increase during that period of this year of the importation of cotton from all countries was only 42%. over the importation of the corresponding pe riod oflast year, the increase in the exportation of American cotton was 600%. This shows that the moment they could get American cotton, the difference between the amount of cotton imported from all other sections of the world and the amount of cotton imported from America was as 40% is to 600%.
Mr. HOOPER, of Massachusetts. Might not that be eXplained by the fact that about A ril, 1865, the war in this country ceased, an the cotton that had accumulated here became accessible to purchasers?
Mr. GRISWOLD. Undoubtedly; and the very moment the could obtain American cot ton they increase its importation Over 600%., while they increased the importation of cotton from all other)arts of the world only about 40%. rid we have every reason to believe that GreatBritain will very gladly consume not less than 3 million bales ofAmerican cotton, at a price notless than 25 cents perpound. And at that rate, I contend that no interest in this country can as well pay a tax and contribute to the national revenue of this country as this cotton growing interest. And I, for one, hope that the House will non-concur in the amendment of the Senate.
Mr. HOOPER. of Massachusetts. Does the Gentfrom NewYork [Mr. Gniswoui] know what was the stock of American cotton on hand for sale in proportion to the stock of other cotton?
Mr. KASSON. I wish to say to the Gentfrom NewYork [Mr. Gaiswoui] that I think in his statement e has entirely overlooked 2 things. One is, that the extraordinary demands, or rather the relatively extraor dinary demands. of England for American cot ton arose in part from the fact. which everybody knows, that they need a large portion of Amer ican cotton to mix with the other cotton they use: that the accumulation of American cotton in England had become exhausted to a very great extent during the war, and consequently there was an extra demand for it, which they su lied at the very 1st opportunity. The other point to which I wish to call his attention is, that by this proposition to tax cot ton 5 cents per pound upon all cotton, including that manufactured jn this country, especially while withdrawing that tax from all cotton goods exported to Europe, the effect upon the people of this country will be, that while the entire tax will be charged ii on the consumers in this country, the menu acturer will have the entire margin of the great draw back to enable him to uudersell the foreign manufacturers of cotton in Europe.
Mr. KASSON. I will tell you who it hurts. It hurts the people of this country who consume the goods manufactured here, and who must pay this entire tax, while the foreign consumer of American goods can buy the same manufactures at a price exempt from all tax. And it hurts the exchange between this country and foreign countries. because they can produce more cheaply than we can so far as regards the cost of labor and machinery and chemicals. &c.; and thus the price of the article abroad will be large] reduced below the price which the people of this country Will be required to pay; and the profits of temanufacturers this country Will come, not from the peor‘ foreign countries, but from our'ogn pay Mr. STEVENS. Idesire to a.k tf 3446 June 27, man whether he has seen the official reports made in England showin that the demand for our cotton is far greater t iau it was before the war, and that almost every grower of cotton in every other country than our own has given up growing the article.
Mr. KASSON. No, sir; I do not recognize that as the fact. because I have not seen the proof of it. I know that under the stim ulus of war prices extraordinary efforts were made in India and so far as I know they continue to this (lay to produce larger crops of cotton. Now, sir, a member of this House who sits near me, and who is largely interested in the production of cotton, tells me that in view of the price of labor, the article cannot be produced in this country today at less than 16 or 17 cents perpound. Yet we propose to tax this article at the rate of 5 cents perpound nearly 33 and 1/3rd%. on the actual cost of the raw product. No other raw product is tasted in anghinv like such a proportion to its value.
Mr. GRISwOLD. I desire to ask the gentleman whether he believes cotton will continue to cost, under the present system of labor, 16 cents perpound, when it was formerly produced, under the system of slave labor, at g'e cents or pound.
Mr. KASSON. have 2 answers to make to that question. In the 1st place, if the cost of cotton ever does come back to 5 cents perpound, then we are proposing to tax this raw material of the country 100%. In the 2nd place, I believe that this article will never get back to its former cost, for with the system of free labor established in the South, the freedmen working plantations there must receive, if justice be one them, reasonable wages, which they have never received as slaves. The slaves received for their labor nothing but their food and clothin". But with the education which we are endeavoring to give the freedmen, they will henceforward demand increased compensation for their labor; and I for one am disposed to give it to them. Another reason with i me for opposing this proosition is, that by this excessive tax we shall embarrass a branch of industry it on which the freedmen must largely rely for their elevation in household comfort and intelligence. I insist that we should not embarrass a branch of labor so essentially connected with their interests.
Mr. GRISWOLD. Do I understand the gentleman to maintain that production by means of free labor will be more expensive than production by means of slave labor?
Mr. KASSON. In my view, sir, no clearer proposition than that can be presented. On the one hand we have the slave, subsisting upon bacon and corn bread, wearing one linsey wool sey suit in a year, or possibly two, shod with rough brogsns or going barefooted. On the other hand you have the free laborer, who will have wheaten bread now and then, who will wear broadcloth now and then, or at least decent goods of home manufacture; who will wish also to possess the means of educating his family; who will desire to own a homestead and to furnish comfortably his own house. To contend that the labor of men of the latter class does not enter as a more costly element into the reduction is to contend against the plain evidence of facts.
Mr. GRISWOLD. Idesire to say to the gentleman that he and I occupy exactly opposite positions in regard to this question. I believe that intelligent free laborers, well fed and well paid, will produce cotton and any other products more cheaply than they have ever been produced under the system of slave labor.
Mr. KASSON. I have simply to speak of the evident effects. I have stated that when thaf‘lcbor was obtained at 10%.'
Mr. MORRILL. I cannot yield to the gen‘man any longer , as my hour is ra idly run out, and l iave iromised to yield to other men. I will as the Speaker how much ‘1 remains of my hour.
Mr. KASSON. I will only finish the sentence I have commenced and then yield the floor. When I say the former cost of each laborer on the amount of capital invested was scarcely $100 ayear, and when on cannot for the future get that labor at admit the cost of production will be increased in the future as compared with the past.
Mr. MORRILL. I cannot yield the gentleman any more of my time; but before yielding to the Gentfrom Pennsylvania [Mr. S'rnvnivs and the Gentfrom Massachusetts, Mr. BasnsfiI desire to correct a single oint 'in the statement of the Gentfrom owa. The statement of the Gentfrom Pennsylvania in regard to the discontinuance of the cultivation ofcotton langs is correct. Today there are 1000s of bal s of cotton on hand in Liverpool, and yet the price of cotton rises, and is apenny or 2 pennies more than it was a short while ago. Then in relation to another point. The gentleman suggests it would be a great hardship on our people if they were manufacturing for other people at a lower rate than for ourselves. Nearly 1/3rd of the goo s which come to this country are sold at lower rates here than where they are produced. At the end of a season, whatever stock may he left on hand is always sent at lower rates into the market, and our country affords the largest in the world. So that foreigners do regard it of immense advantage to be able to keep their mills employed even if they sell atachea er rate. I yield the rest of my time to be divided between the Gentfrom Pennsylvania and the Gentfrom Massachusetts.
Mr. KASSON. I ask whether, when the 100 a year, you must gentleman states no one can be opposed to this who is not in theory or practice a free trader, he means to refer to me.
Mr. STEVENS. I suppose so, from the gentleman's argument.
Mr. KASSON. If he leaves it upon my argument I have nothing to say, but if he asserts it on outside matters
Mr. STEVENS. I iiever 0 outside of these walls in reference to what say here. I say that his argument here is a free trade argument, and nothing but a free trade argument. It. has not one symptom, one odor of protection about it. All can see in it is free trade. Now, I do not know whether we are to have any further discussion on this bill; butI desire to say that the amendment of the Senate in regard to the subject of tobacco is the most ruine us, heartless, and crushin provision that ever was imposed upon the industry of a people of NewYork, Pennsylvania, Ohio, and all the western States. Before this iniquitous principle of applying a tax of ten cents on tobacco worth 50 dollars the samcas on that worth $100 before that principle was adopted the county in which I reside raised $2,000,000 worth of tobacco and sold it. We put on an advalorem duty, and there were not $200 worth of plants put in in that county. I have been in formed that since that time they have not raised any such amount. They were fully prepared to put in what would have produced millions of dollars before that fatal blow was struck. Now, if this bill passes they will not put out their plants at all. The same must be the case, I am sure, in Ohio, and elsewhere, where to bacco is raised, on the Connecticut river. I have no enmity to the Connecticut river, but they have great advantages there. They sell their tobacco at 40 dodlars where we sell it at eight. I have only time to add that the tax levied by the Senate crushes out the whole of the industry engaged in this branch, and I hope the House will not agree to it.
Skip Skip The amendment was non-concurred in. Mr. TRIMBLE. mtRtv the House non-concurred in the amendment of the Senate. Mr. SCHENCK. upon the table. Mr. ANCONA. I demand the yeas and an s upon that motion. he yeas&nays were ordered. The question was taken; and it was decided in the allirmative yeas 84, nays 47, not voting 51;. So the motion to reconsider was laid on the table.
The Clerk read The next amendment upon which a separate vole had been reserved was as follows: 1 own ipage 99.after the word“ return, "insert the fol oAndzall gascompanieswhose price is fixed by law are authorized to add the tax herein imposedto the price per 1,000 feeton gassold: andall such come panics which have heretoforecontractedto furnish gas to municipal corporations are in like manner authorized to add sue tax to such contract price. The ComWays&Means recommended non-concurrence.
Mr. THAYER. I hope the House will concur in that amendment of the Senate. The question was upon concurring, and being taken. upon adivision there were ayes 46, noes 46; no quorum voting.
Mr. ROSS and Mr. THAYER called for the eas and n ays. Mr. MORRILL. I call for tellers.
The Speaker. The question will be 1st taken upon ordering the yeas&nays.
Skip Skip The question was taken and the yeas&nays were not ordered. The question recurred upon ordering tellers. Tellers were ordered; and Messrs. Months and Kenn. were appointed. The House again divided; and the tellers reported ayes 58, noes 58. So the amendment of the Senate was concurred in.
Mr. NICHOLSON., 1 rise to a question of order. I ask that the Clerk read the 20 9th rule of the House.
The Clerk read as follows: “ 29.No membershall vote on any questionin the event of which he is immediately and particularly interested or in any casewhere he wasnot within the bar of the Housewhen the questionwas put."
The SPEAKER. It is too late to raise that point of order on this question.
Mr. THAYER. I would like to know upon what member it was attempted to make this pOint.
Mr. THAYER. It is an imputation upon the whole House, unless the person to whom it is intended to apply shall be specified.
The Speaker. The Chair cannot make the member specify.
Mr. THAYER. Then I resent, as a member of the House, any such insinuation or imputation.
The Speaker. The Chair thinks it is a point the gentleman has a right to make.
Mr. T AYER. I deny that the gentleman can make such a point, without specifying the member to whom he refers. Otherwise no effect can begiven to his point of order, except to cast a general imputation upon all the members of the House.
The Speaker. An memberhasthe right to call for the readin o a.rule of the House.
Mr. NICHOLSOi. With the permission of the House, I will explain. I have no desire to reflect upon any member of the House. I Hard eimply desired the rule to be read. not because I supposed any member was interested. but because the rule seemed to me to be in point and applicable to this case.
The Speaker. The question of the construction of the rule Opens a wide field.
Mr. THAYER. I deny that the rule is in point, so far as it may have been intended to apply to me. When the gentleman makes this imputation against the whole House he includes me.
The Speaker. The Gentfrom Del aware had the right to have the rule read; and if the point had been made in time. he would have had a right to ask the ruling of the Chair in regard to what constitutes such an interest as to preclude a member from voting on a public ill.
Mr. EGGLESTON. I move to reconsider the vote by which the House concurred in the Senate amendment on which the vote was just taken; and on that motion I call for the yeas&nays.
Mr. THAYER. I move that the motion to reconsider be laid on the table.
Mr. EGGLESTON. On that motion I call the Reas and uays. the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 55, nays 75, not voting 52;. So the motion to reconsider was not laid on the table. Before the result of the vote was announced, Mr. TRIMBLE (havin voted when his name was called) said: Mr. Speaker, I ask leave to withdraw my vote.
The Speaker. The Chair bears no objection.
Mr. ANCONA. I would like to hear the grounds upon which the gentleman desires to withdraw is vote.
The Speaker. The right of a member to withdraw his vote is never denied.
Mr. TRIMBLE. My reason is that I am interested in a as company. It is a small interest; but stil ifI should vote my motives might be impugned.
Mr. EGGLESTON. I hope that other gentlemen interested will withdraw their votes.
Mr. PIKE. DO1 understand the Speaker to rule that a person interested in a gas company is so for interested in this question as to come under the terms of the rule?
The SPEAKER. The Chair has made no ruling of that kind. No point has been made requiring a ruling by the Chair. the result of the vote was then announced as above stated. “on per. The question recurring on the mtRtv the Senate amend ment was concurred in,
Skip Skip The question was taken; and there wereayes 72, noes not counted. So the mtR agreed to. The question recurring on concurring in the Senate amendment, Mr. LeBlOND and dMr. EGGLESTON called for the yeas&nays. The yeas and iiays were ordered.
Skip Skip The question was taken; and it was decide in the negative yeas 49, nays 76, not voting 67; So the amendment was non-concurred in.
The Speaker stated the next amendment of the Senate, on which a separate Vote had been reserved by the Gentfrom Pennsylvania, LMr. Amman.) was as follows: Strike out "one" and insert “two:" so that the clausewill then read asfollows: 0a read madeelothing.gloves.mittens.moocasins. caps.telt ate.andotherarticlesof dresstor the wear of men.women and childremnot otherwnioassessed and taxed, a tax of 2%. at! valorcm.to be duaiedinbgy every personmaking, manufacturing or profor saleclothing. gloyes. mittens. moccasins. caps.felt hats and other articlesof dress or tarnishing the materialsor anypart thereof and employing otherstomake.manufacture or producethem: Provided. That any tailor or any maker ot gloves.mit tens.moucasins.caps. felt hats or other articles of dressto order ascustomwork only and not tor iron eral sale and whoseannual roduetsdo notexceed 2.000 shall be exemptfrom t iis tax; and articlesoi dressmadeor trimmed by inilliners or dressanakers for the wear of women and children shall ulsobe exeinptfrom this tax: Provided. That the briineliing into sprays.branches or wreathsofarlificial flowers, on which an im metor internal taxhas already been paid, shall not be considereda manufacturewithin the meaningof this act. The ComWays&Means recommend non-concurrence.
Mr. ANCONA. I hope the amendment will be non-concurred in. The amendment was non-concurred in. The next amendment of the Senate on which a separate vote was reserved was as follows: Strike out the words “work. exclusiveof the ma; terials. does not exceed annually in value $1.000; and in lieu thereof insert the words “annual iroduct does not exceed 92.000s.hall be exempt ruin this tax." The ComWays&Means recommended non-concurrence. The amendment was non-concurred in.
Mr. ANCONA. Does that embrace all the amendments on the subject?.
The Speaker. They will all go to th committee of conference as non-concurred in. The next amendment, on which a separate as burn. arris Hogan. Holmes. Ha a vote was reserved by the Gentfrom Illinois, [Mr. Coox] is as follows: Insert the following: On shoddy wool manufactured from woven cloth. 5 centsper pound. The ComWays&Means recommended non-concurrence. The amendment was ron concarred in. The next amendment of the Senate, Onwhich a separate vote was reserved by the Gentfrom Ohio, [Mr. SCHENCK] was as ollows: Strike out " 20 " and insert "15;" so that the clause will read as follows: v 0a smokin tobacco of all kinds, not sweetened nor stemme. nor batted. including that made 0 steals or in part of stems and imitations thereof, a tax of 15 centsper pound. The ComWays&Means recommended non-concarrence.
Mr. SCHENCK. I hope the amendment will be concurred in.
Skip Skip The House divided; and there were ayes 53, noes 40.
Mr. MORE ILL demanded tellers. Tellers were ordered; and essrs. MORRILL and SCHENCK were appointed. The House again divided; and the tellers reported ayes 66, noes not counted. So the amendment was concurred in.
Mr. RANDALL, of Pennsylvania. Are gentlemen considered interested in railroads who have “free passes, " and therefore excluded from voting on this amendment?
The SPEAKER. Cashing, in his Parliamentary Law, holds that members of congress are not excluded from votin in regard to ay. because they are all equallyinterested: an the same rule, the Chair supposes, would apply in the case suggested by the Gentfrom Pennsylvania. [Laughten] The amendment was non-concurred in.
The Speaker stated the next amendment on which a separate vote was asked was in reference to the income tax, the Senate reda cing the amount exempted from $1,000, as agreed to by the House, to $600 perannum; and that the ComWays&Means had recommended non-concurrence. The amendment was non-cpncurred in. i ] “v. o‘ The next amendment on which a separate vote was asked was as follows: Insert: That section sxi “ of the act of March 3, 1865e, ntitled An act to provide internalrevenueto sugport the GtH'Cfllllli‘lILIUpayintereston the ubliede Landfor other purposes, "approvedJune 3.1564, beamended by striking out all after the enactingclause and in sorting in lieu thereof the following: that every national banking association, Statebank or Statebanking association shall payatax of10%.onthe amount of notesof any person.State bank or State banking association USCL for circulation and paid out by them after the 1st day of August 1866 and such tax shall be nssessedand paid in such manneras shall be prescribedby the ComrIntRev.
Mr. MORRILL. I hope the Gentfrom Pennsylvania [Ma S'ravus's] will he allowed to make an exlanation.
Mr. STEVENS. I want to move to strike out “67” and insert “66."
Mr. ELDRIDGE, Mr. HOTCH ISS, and many other members objected, unless all sides could be heard.
Mr. BLAINE. I rise to a point of order. I understand it to be assumed thatif the House non-concur, that gives the committee of conference the right to report recommending alonger time than is allowed by the Senate’s amendment.
The Speaker. The point is not well taken. No committee of conference has been Ordered.
Mr. ANCONA. I would inquire whether, if the House concur in the Senate’s amendment, that precludes all action on this subject.
Mr. ANCONA. And enforces the 10%. tax after the date designated.
The Speaker. If the House concurs in the Senate’s amendment it removes the matter entirely from the consideration of the 2 Houses. The question bein taken on concurring in the amendment of the Senate, it was decided in the affirmative ayes 75, noes 25. So the amendment was concurred in.
Mr. DAWES mtRtv the amendment was concurred in; a on the table.
r. ELDRIDGE. I demand the yeas&nays on the motion to lay on the table. 1‘ he yeas&nays were not ordered.
Mr. ANCONA. I demand tellers on order inffthe yeas&nays. ellers were refused. bslo the motion to reconsider'was laid on the ta e. The next amendments of the Senate, reserved on motion of Mr. MARVIX, were numbers 449 and 450, on page 140, line 17, in relation to oil dressed leather, to strike out the words “dressed or, ” and alter the word “smoked” at the end of the line to insert the words “or not oil dressed.” The committee recommended non-concurrence in these amendments. The amendments were non-concurred in. The next amendment reserved was number 488, on page 157, to strike out all after the word “ act, in line 16, down to and including the word “annum, ” in line 52, as follows: And apo the carics shall not be regarded as retail dealersin liquor in consequenceofsclling alcohol, or ofsclling or of dispeusing, uponphysicians'prescriptions, the wines and spirits otIicinal in the U.S and other national pharmacopmias.in quan tities not exceedinghalfa pint of either at anyone time. nor exceedingin aggregatecost value the sum of83w perannum. The committee recommended non-concurrence in the amendment.
Mr. HOOPER, of Massachusetts. If the House concur in this it leaves a similar provision in the bill elsewhere. I therefore hope the House will concur in the amendment. The non-concurrence was recommended by mistake. The amendment was concurred in. The next amendment, reserved on motion of Mr. WARD, was on page 199, in relation to tobacco and cigars, to insert in line 19, after the word “court, ” the following: And any such officerinterestedas aforesaid in any such iiiiinufactureat the timethisacttakeseffort.who shall fail to divest himself nt'such interest within 60 days thereafter shall he held and declaredto have beenso interestedafter this act takeseffect.
Mr. WARD. I desire to call the attention of the chairman of the ComWays&Means to this amendment. I wish to have an opportunity to be heard upon it before the committee of conference, and apprehend that the chairman will have no objection to the House non-concurring in it in order thatI may have that op ortunity.
Mr. MORRlLL. While I approve of the amendment of the Senate I have no objection to the gentleman’s doing as he requests. The amendment was non-concurred in.
Mr. MORE ILL mtRtvs upon the various amendments of the Senate; upon the table. agreed to.
Mr. MORRILL. I now move that the House insist upon its disa reement with the Senate amendments, and as for a committee of confereiice. The motion was agreed to. RAILROAD FROM CALIFORNIA TO OREGON.
Mr. McRUER. I move that the ComPacificRR be discharged from the further consideration of Senate bill No.123, grantin lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California. to Portland, on the navigable waters of the Columbia river, in Oregon, and that the bill be referred to the ComPubLands. The motion was agreed to.
Mr. KASSON mtRtv the bill was referred; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Foaxur, its Secretary, notifying the House that that body'had agreed to the amendment of the House to Senate JtResolution No. 110, authorizing the hiring of abnildin" or buildings for temporary accommodation of the Dep tment of State, and the amendments of the house to Senate bill No. 313, to regulate the transportation of nitro glycerine or glynoin oil; thatit had passed House bill No. 18, for the relief of the members of the 37th regiment of Iowa volunteer infantry, without amendment, and House JtResolution No. 123, for the relief of Elizabeth Woodward and George Chorpenning, of Pennsylvania, with amendments, in which he was directed to ask the concurrence of the House; and that it had passed an act (S.No.382) to change the place of holding court in the northern district of Georgia, in which he was also directed to ask the concurrence of the House.
Mr. KASSON. I move that the House do now adjourn. The motion was agreed to; and thereupon (at 4 o’clock and 25 minutes p. in.) the House adjourned.
Skip Skip PETITIONS, ETE'. The following petitions, ke" werepresented[under the rule and referredto the appropriate committees: By the SPEAKER: The petition of C. H. foster, of Murfreesboro. NCarolina, asking for protec tioBny from County taxes levied for who! supplies. Mr. DENISON': The petition of Churlcsf ullcr. Lewis Jones and others. from the city of Scranton, Pennsylvania. asking that Congress enact such laws as will make insurancein the severul Statesuniform. By Mr. GRIDER: The petition of Mruor Samuel Martin, of Glasgow, Kentucky. for indemnity and relief. By Mr. LAWRENCE, of Pennsylvania: A petition from citizens of Westmoreland county Pennsylvania, asking for an increaseof duties on foreign yroducts which comein cometition with American interests. Mr. WELKEK: The memoriaIOfAlnv'sonPen tlel of Ohio, in relation to the cotton tax and the policy of the Governmentin reference thereto.
@@@IN SENATE SENATE. Tnunsnav, June 28, 1866. Prayer by the Chaplain, Rev. E. H. GRAif. On motion of Mr. VILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of W. B. Kelley, late a 2nd lieutenant in company F, 1st regiment Kentucky cavalry, praying for a pension, submitted a report accom.anied by a bill (S.No.398) for the relief of i. B. Kelley. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. STEWART from the ComPubLands, to whom was referred a bill (H.R.No. 657) to quiet the title to certain lands within the corporate limits of the city of Beni cia, reported it with an amendment.
Mr. POMEROY, from the ComPubLands, to whom was referred abill (S.No.341) aniendatory of the preemptixi laws, and for other purposes, reported it with amendments. He also, from the same committee, to whom was referred a bill No. 244) grantinglands to aid in the construction of a railroad from the city of Stockton to the town of Copper opolis, in the State of California, reported it without amendment.
Mr. RAMSEY. The ComPostOffices, to whom were referred 2 memorials ofcitizens of Iowa, praying for the enactment of a general law regulating the bridging of the Mississippi river and making provision therein that neither railroad nor water traffic shall be impeded or impaired have instructed me to report them back an ask to be discharged from their further consideration, as that matter has been the subject of legislation. The report was agreed to.
Mr. SHERMAN, from the ComFinance, to whom was referred a bill (H.R.No. 387) making appropriations for the current and contingent excases of the Indian dept, and for fu fillin treaty stipulations with various Indian tribes for the year endin 80th of June, 1867, reported it. with amendments.
Mr. CRESWELL, from the ComCommerce, to whom was referred a JtResolution (S.R.No. 82) to provide for codifying the laws relating to the customs, reported it with amendments. BILL INTRODUCED.
Mr. WILSON asked, and b unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 115) respecting the payment of interest upon the war debts due the loyal States; which was read twice by its title and referred to the ComFinance.
Mr. CRESWELL asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 116) to make compensation for damages to property held for religious and charitable purposes within loyal States, and for other purposes; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed. COMPENSATION or COMMITTEE CLERKS.
Mr. SPRAGUE. I offer the following res olution: Resolved.That the annual compensation of the clcrks of the comMilAffrs and ComDistCol shall hereafterbo the sumoasthat of the clerks of the Committeeson Faieifiance, Printing, and Claims, commencingJuly I. I offer this resolution to secure the contin quance of 2 very valuable clerks. Unless this resolution shall be passed their services will not be obtained for the committees next year. It is indispensable for the carrying on of the work of those committees.
The PRESIDENT protempore. Does the Senfrom RhdIsland ask for the present consideration of the resolution?
The PRESIDENT protempore. It requires unanimous consent to consider the resolution at this time. Is there any objection?
Mr. GRIMES. I have no objection to its being considered, if it is to be referred to the committee that was raised at the instance of the Senfrom Ohio [Mr. WADE] the other day, to take into consideration the subject of the compensation of the officers of the Senate. If that committee choose to decide that these persons shall be paid the same as the other committee clerks named in the resolution then it will be proper for us to act upon it, I suppose; but it seems to me rather invidious to select out one or 2 clerks here and say that they have peculiar responsibilities resting upon them and not specify others.
Mr. SPRAG E. It is not my intention to move the reference of the resolution to that committee.
Mr. GRIMES. Then I object to its consideration today.
The PRESIDENT protempore. Objection being made to the resolution, it must be over under the rule. APPOINTMENTS IN THE CIVIL SERVICE.
Mr. BROWN. I offer the following resolution: Rmloed. That the ComJudiciary be instructedto inquire into the expediencyof providing by law for such a reorganization of service. tacivil and especiallyof the postoffice.Treasury, and Interior Depts.as shall secure appointments to the same after prevwus examination by proper boards: as shall provide for promotions on the scoreo1ment or seniority, and authorize dismissal under the safe uards of trial or resignation: as tsrhaainlleodfleiexcprecrtns icnhthre and cehtaoilfs tohfiets service with well business: and as stihoanlsl aasnsdimqeilgautelatthioenmsawllhmicohregnoevaerrlny ttohetheonsleisetomnedni t and ofllcering of the Army and Navy of the U.S and which have successfullyprecluded the latter from being used as reservoirs of political patronageor ordinary appliancesof party power.
The PRESIDENT prolempore. Does the Senator ask for the present consideration of the resolution?
Mr. BROWN. Yes, sir, with a view to its reference., There being no objection, the Senate proceeded to consider the resolution.
Mr. STEWART. I move to take up senate bill No. 257, and I trust we shall be able to finish it this morning. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.257) to regulate the occupation of mineral lands, and to extend the right of preemption thereto, the ending question being on the amendment of Mr. NYE to the amendment reported by the ComMining. The amendment of Mr. NYE was to insert after the word “thereupon, ” in the 14th lineof the 3rd section of the amendment of the committee, the words “ but said plat, survey, or description shall in no case cover more than one vein or lode; and no patent shall issue for more than one vein or lode, which shall be expressed in the patent issued.” The amendment to The amendment was agreed to.
Mr. STEWART. There are 2 or 3 verbal amendments which I wish to make. In the 1st place, I move, in line 2 of section 3 of the committee’s amendment, to strike out the words “plat and survey” and insert “diagram.” The amendment is merely to avoid confusion, because the word “plat” is used in another connection. The amendment to The amendment was agreed to.
Mr. STEWART. In the same section after the word “act, ” in line 3, I move to insert “and posting the same in a conspicuous place on the claim together with a notice of intention to:1 ply for a patent.” The amendment to
Mr. STEWART. In section 3, after the word “notice, ” in the amendment already inserted in line 12, I move to insert “and giving satisfactory evidence that said diagram and notice have been posted on the claim during said period of 90 days.” This amendment was suggested by the Senfrom Indiana, [Mr. Hsxniiiexsj The amendment to The amendment was agreed to., Mr. STEWART. In section four, line 12, after the word “discoverer, ” I move to insert the words “of the lode.” The amendment to The amendment was agreed to.
Mr. STEWART. In line ten of the same section I move to strike out “ 3 ” and insert “two;" so as to read, “that no location hereafter made shall exceed 200 feet in length along the vein for each locator.” The amendment to The amendment was agreed to.
Mr. STEWART. At the end of the 4th section I move to insert: And prooidedfurther. That no persommaymake more than one location on the same lode, and not more than 3,000feet shall be taken in anyone claim by any association of persons. The amendment to The amendment was agreed to.
The PRESIDENT protempore. The question now is on the amendment as amended.
Mr. STEWART. The substitute reported by the committee.
The PRESIDENT pro(em ore. Is the reading of the amendment aske for?
Mr. WILLIAMS. I ask for the reading of the amendment.
Mr. CONNESS. The amendment is the whole bill. It has been printed, and it is hardly worth while to consume time by reading it.
Mr. GRIMES. It has been amended in many respects since it was printed.
Mr. WILLIAMS. When the bill was last under consideration I made a motion to strike out certain sections, and I submit to the Chair that that motion is now pending.
The PRESIDENT 1'0te mporc. The Senfrom Oregon is right. The question is on his motion to strike out sections two, 3, four, 5, 6, 7, and 8 of the amendment reported by the ComMining.
Mr. STEWART. Whois the writer of that etter?
Mr. WILLIAMS. I do not propose to give the name to the Senate, as it is a private letter and addressed to me, and I claim nothing for the author. If what he says in the letter is not in itself entitled to any wci lit, then, of course, it will not be so consideredg; but I submit whether the arguments made in that letter are not of' consequence. They embrace one objection which I intended to make in case I l addressed the Senate generally upon this question; but so liir as this particular bill is concerned, it seems to me this man understands the bill, niidI think he understands the subject about which he writes; and as he has expressed my views upon that pointin a, better form than I could express them, I have taken the liberty l to read this extract. from his letter; and I submit what he has said to the consideration of Senators.
Mr. HENDRICKS. A year ago the Senfrom Nevada, and I think the Senators from California and Oregon, asked us to oppose the grantintr of an appeal from the highest courts of the 'lerritories to the SCOTUS in cases involving the rights of miners. lheard the able argument, I recol lect, of the Senfrom Nevada with interest, and I became satisfied that the views expressed by him and the other Senators from the Pacific coast were correct upon that question; and I joined with them in advocating their views upon the ground that the interests of the country required that the usages and customs of the miners should be maintained. Those usages could not be respected in the SCOTUS, and therefore I felt it to be my duty to vote with them in opposition to that measure. Now, sir, they ask us to go much further than that, not alone to recognize the rights, customs, and habits of the miners, but to attempt to vest a title in the mines in favor of the particular occupant. I do not think that can be safely done. I shall vote for the proposition of the Senfrom Oregon to strike out the sections which he proposes to strike out. If the Senators will preare a bill and present it, recognizing and establishing the usages and customs of the miners, I shall give it my support. If the Seuatorsare afraid that at any time the officers of the Government will interfere with the miners in the prosecution of their business according to their own customs, I am willing by law to say that it shall not. be done; but to go further than that I think is not safe. I cannot vote for this bill.
Mr. HENDRICKS. Mr. President, I would not have it. understood that I dissent from the views expressed by the Senfrom California upon the importance of a separation of the mineral and agricultural lands. I agree with him that there are agricultural lands of very great value to be found in the midst of the mineral region, and it is of 1st importance that the Government shouldtake ste s to ascertain what lands are agricultural, with a view to dispose of them to the agriculturist. Iadvo cated that during this session when I insisted upori a liberal appropriationtobe placed under the charge of the GLO for this very purpose. But I ask that Senator, and I ask other Senators, how the mineral lands and the agricultural lands are to be separated. It must be by examination, by a survey made by competent men of some scientific information, to say the least ofit. It isa matter of fact to be ascertained what lands are mineral and what agricultural, and I will vote with that Senator at any time for a very large appropriation to ascertain and survey the agricultural lands that they may be disposed of to the farmers.
Mr. WILLIAMS. I desire to have the senator refer me to that portion of this bill which authorizes the Legislature of a State to protect tunneling interests.
Mr. STEWART. added to the bill on my motion. Clerk to read that section.
The Secretary read the 11th section of the amendment/as follows: Abife: That as a further condition ofsule in the absencoofnccessnrylegislationby Congress.the local Legislature of any State or Torritory may provide rules for working mines involving casemu tes.drninnge and other necessarymeansto their complete development; and tho2nditions shall be fully expressed in the patent.
Mr. STEWART. If there is a tunnel in progress of construction the party getting a deed to the vein cannot cut off the right of way for the tunnel. If he attempts to interfere with it the Legislature can regulate that matter.
The PRESIDENT ro tempers. The question is on the amendment proposed by the Senfrom Oregon.
Skip Skip The question being put, there were, on a division ayes 7, noes 11; no quorum voting.
Mr. WILLIAMS. I give it up. I think there is a majority of the Senataagainst the proposition.
The PRESIDENT protempore. There is not a quorum of the Senate present by the vote.
Mr. WILSON. Let us have the ycas and navs. I Mr. STEWART. Let the amendment be withdrawn.
Mr. WILSON. It cannot be withdrawn. Let us have the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeus 10, ways 21; 18. So the amendment was rejected.
The PRESIDENTprotem ore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business ofyesterday, which is Senate bill No. l. to reg ulate the elective franchise in the DistCol.
Mr. CLARK. The Senfrom Maine who had that bill in charge, [Mr. MORltlLli] which is the order of the day, is sick and confined to his room. He desires to be present when it is under discussion, and he requested me to move if it came up that it be postponed. I therefore. at his request, move its postponement until tomorrow. The motion was agreed to.
Mr. HOWE. Is there any question before the Senate?
Mr. HOWE. I move to proceed to the consideration of House bill No. 344.
Mr. STEWART. Will the Senfrom Wisconsin give way a moment? All we want is a vote on this mining bill. We have had the whole thing discussed, and are ready to vote. I presume there will be no more amendments. I ask a vote.
Mr. HOWE. Why not let my bill be taken up, and then I will yield?
Mr. STEWART. This is up now, and let the vote be taken.
Mr. CONNESS. I hope the Senfrom Nevada will take the course proposed by the Senfrom Wisconsin. As soon as this bill is taken u it can lie over informally for a moment wIiilo we get a vote.
The PRESIDENT protempura. ‘Will the Senfrom Wisconsin repeat it is motion?
Mr. HOWE. That the Senate proceed to consideration of the bill (H.R. ho. 344) to incorporate the Niagara Ship Canal Company. The motion was agreed to.
Mr. CONNESS. Now I suggest that this bill be laid over informally for an instant until we get a vote on the measure which was under consideration.
The PRESIDENT protempore. The Senfrom California asks the unanimous consent of the Senate that this bill be laid aside, and that the Senate proceed with the consideration of the bill in hand previous to the expiration of the morning hour. Is there any objection?
Mr. HOWE. I understand, if it is laid aside, informally, when that bill is disposed of this will be in order.
Skip Skip APPROVAL OF BILLS. A message from the POTUS, by Mr. COOPER, his Secretary, announced that the President had:1 proved and signed, on the 27th instant. the fol owing acts: An act (S.No.59) to provide for the revision and consolidation of the statutes of the U.S.; An act (S.No.180) for the relief of A. J. my; An act (S.No.238) granting a pension to Mrs. Amarillo Cook; An act (S.No.275) for the relief of Cornelius Crowley; An act (S. Pia 380) making further provision for the establishment of an armory and arsenal of construction, deposit, and repair at RockIsland, in the State of Illinois; An act (S.No.200) for the relief of Jane Harris; An act (S.No.276) for the relief of Mrs. ] erusha Witter;.An act (S.No.298) granting a pension to Jane D. Brent An act (S.No.326) granting a pension to Mrs. Harriet B. Crocker: An act (S.No.339) granting a pension to Benjamin Franklin; An act (S.No.342) for the benefit of Ira B. Curtis; An act (S.No.375) to amend an not granting a pension to the widow of the late Major General Hiram G. Berry; and An act (S. No.381) to amend an not entitled “An act to authorize the sale of marine lios pitals and revenue cutters, ” approved April 20, 1866. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message from the POTUS transmitting a communication from the SecyNavy with an accompanying copy of a report and map prepared by the board of examiners appointed under the authority of the JtResolution approved June 1, 1806, to examine a site for a Fresh water basin for iron clads of the U.S. Navy which was referred to the ComNavAffrs, and ordered to be printed. INTERNAL TAXATION. The Senate proceeded to consider its amendments to the bill (H.R.No. 513) to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 80, 1864, which were disagreed to by the HoRep and upon which the House re nested a committee of conference.
Mr. FESSENDEN. I make the usual motion that the Senate insist on its amendments non-concurred in by the House, and agree to the conference asked by the House. The motion was agreed to.
Mr. FESSENDEN. I more that the committee on the part of the Senate be appomted by the Chair. The motion was agreed to b unanimous consent, and Mr. FESSENDEN, Mr. ’IN'WIN'KLn, and Mr. Gurniiii: were appointed the committee. PREVENTION OF SMUGGLING. The Senate proceeded to consider the amendments of the HoRep to the bill (S.No.222) further to prevent smuggling, and for other purpose s.
Mr. CHANBL ‘R. I move that the Senate disagree to the House amendments, and ask for a conference on the disagreeing votes of the 2 Houses. The motion was agreed to.
Mr. CHANDLER. I move that the Chair appoint the committee of conference on the part of the Senate. The motion was agreed to by unanimous consent. PILOT KNOBAND HELENA RAILROAD. The Senate proceededto consider the amend merits of the HoRep to the bill (S.No.87) making a grant of lands in alternate sections to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob, in the State of Missouri, to Helena, in Arkansas.
Mr. BROWN. Let that bill lie on the table for the present. I make that motion. the motion was agreed to. HOUSl l BILLS REFERRED. The bill (H.R.No. 690) to explain and limit an act to grant the right of way to the Humboldt Canal Company though the public lands of the U.S.; the bill (H.R.No. 733) for the discontinuance of land offices and authorizing modifications in the limits of cer tain land districts, and the bill (H.R.No. 734) granting lands to the State of Minnesota for the establishment of an asylum for the relief of disabled soldiers and sailors of that State and of the U.S. were severally read twice by their titles and referred to the ComPubLands. NIAGARA SHIP CANAL.
The PRESIDENT protempore. The bill (H.R.No. 344) to incorporate the Niagara ship canal, which was taken up on the motion of the Senfrom Wisconsin [Mr. Hown] a few moments since, and was then laid aside by common consent, is now before the senate, das in ComWhole, and will be rea. The Secretary proceeded to read the bill, but was interrupted b
Mr. SHERMAN. I will ask if it is in order now, before the readin is completed, to move to postpone this bill. he motion that Idesire to submit, crhaps, might as well be made before the bill is read at length.
The PRESIDENT protemporc. to postpone is in order.
Mr. SUMNER. I should like to ask the Senator whether in his opinion the assent of the State is absolutely necessary.
Mr. SUMNER. The propose amendment to the bill requires it?
Mr. SHERMAN. The amendment is reported by the committee, and as a matter of course by the friends of the bill. I take it, that being reported by the committee that brings the bill before us, it will be ado ted; it is, at least, their desire that.it should be adopted; and indeed without this amendment, erhaps l cannot say positively it would not have passed the committee. The fact that the committee didingraft this amendment upon it, shows that without the assent of the Legislature of NewYork, the committee were not willing to undertake this work. I therefore submit to the Senate and to the Senator whether it is not better that the assent of the State of NewYork should 1st be obtained, as we make that a condition precedent, that they should then prescribe the formula of a corporation and the mode and manner of constructing this work, and that then we give them our grant, ifwe give them any, upon such terms and conditions as we may prescribe afterward.
Mr. SUMNER. As the Senator has evidently reflected upon the question, the point to which I wished to draw his attention was whether, in his opinion, the previous assent of NewYork was necessary. Of course, if in his opinion that is not necessary, it might lead him to vote against the proposition of the committee.
Mr. SHERMAN. I have no doubt about the power of Congress to build a ship canal around the falls of Niagara. Ifl was actingrupon my own convictions, I have no doubt of the power of the Government to build any necessary works of this kind; but it is evident that that is a disputed and mooted question in the senate that will give rise to long debates, and will occupy much of the time o the Senate; and this provision was put in forth e purpose of 'refuse that aid and cooperation. avoiding that debate, for the purpose of getting around that debate evidently, and therefore it is idle for us to pass the bill
Mr. SUMNER. It passed the House without that provision.
Mr. SHERMAN. Iknow; but it is here in the Senate, and we have got to act upon it. I take it, therefore, that that is the sense of the committee who reported this bill; and so it is manifest that we ought to wait until the consent of the State shall 1st be had, and then. give our final sanction to the work afterward. do not wish to pass a bill of 28 sections at the close of the session, after a long debate, the entire validity of which depends upon the action of a local Legislature.
Mr. SUMNER. I will ask the Senator if we might not vote down the amendment of the committee and take the bill as it came from the House. ‘Mr. SHERMAN. That is another question. I think we had better postpone the bill until next winter at any rate. It is only a short time.
Mr. GRIMES. how does the bill leave the regulation of the tolls?
Mr. HOWE. It leaves the regulation of tolls just as it is left in all other private enter prises, subject to no other restrictions. than competing routes, with this additional provision, that if the company ever put tolls upon the carriage of prouce or freight over this work which are felt to be onerous or unreasonable, the Government can take it from the company, at its cost, with 10%. added. As the bill came from the House, there were other regulations upon the tolls. We thought, inasmuch as we required the company to put in their own money 1st in this enterprise, t iat it was not fair to subject them to these additional restrictions. We leave them to get the return for their capital and get the return for the money that we propose to loan them, just as other companies get the returns for their investments. The HoRep have considered this subject, and have deemed it a very important work. They have passed a bill and sentit here and asked our assent to it. The ComCommerce have considered the hill, and have reported it back, with sundryamendinents thereto, and recommended its passage. It seems to me it is due from the Senate to the great interests which are involved in this measure to consider it, and if they approve it, say so, and if they do not approve it, say that after they have considered it, and not before.
Mr. MORGAN. Will the Senator allow me to ask him one question?
Mr. MORGAN. The Senfrom Wisconsin has stated that the ComCommerce have reported this bill back and recommended its passage. I think he will recollect that the report of the committee was not in favor of the bill. It was simply reported for the consideration of the Senate.
Mr. CHANDLER. An amendment was made subsequently, and with that amendment it received the sanction of a majority of the committee.
Mr. MORGAN. The action of the committee was that the bill should be reported for the consideration of the Senate. Itiiiik I am not mistaken in that.
Mr. CHANDLER. The original bill was rejected; but with that amendment at the end of the bill the Senfrom Maine [Mr. MouRILL] a reed to report it.
Mr. It ORGAN. The Senfrom Maine is not present, and therefore I cannot say as to that; but my understanding is that it was reported for the consideration of the Senate, without any recommendation.
Mr. HOWE. My recollection is different from that of the Senfrom NewYork. I think this bill, as it stands, has the support of a majority of the ComCommerce. That was my understanding of it, and I so reported the bill; and I did not mean to misrepresent the committee. that, however, can be ascertained to a certainty. Mr. President, it does not seem to me advisable that the Senate should return to the HoRep and to that large body of the country' which is looking to us for some help, for some eTTortin this direction, for an answer, that they will not consider a rop position of this kind; and therefore I am in need to hope that the Senate will not postpone its consideration until the next session. If we are going to inaugurate the thing at all, it is evident we must take precedence of the State of NewYork and the sooner we invite the attention of NewYork to it the sooner NewYork will act upon it. As to the question whether we can build this canal without the assent of NewYork, my opinions coincide with those of the Senfrom Ohio; but as the bill stands here, recommended by the ComCommerce. it does iropose to invite the assent of NewYork and does not propose to make it operative without the consent of the State of newYork. But it is none the less a measure of national concerninent, and being a measure of national concermuent it is none the less proper that we should act at Once if we are going to act at all.
Mr. MCDOUGAIiL. Mr. President, I differ with the Senfrom Kentucky. This is not a new question. It has been discussed for 20 years within my personal knowledge. It has been thought to be an enterprise that could be made a success, and of vast importance to the entire country. If this were a new question there would be some cause for its postponement. I do not propose new to indulge in argument, but simply to say that this subject has been considered at least for 20 vcars past within my personal knowledge. arious plans have been suggested. Engineers of the greatest eminence have undertaken to examine into its feasibility, and they have made their several reports. There have been several plans suggested altogether feasible, ac. cording to the understanding of, I think, competent engineers. This bill permits the exact manner of the communication to be left to the judgment of those who undertake the enter prise, which I think is wise. Now. as to the objection of going into these things blindly, there is a little piece of history that should be well known by every Senator. After the Peninsular war, after GreatBritain had been engaged on the Continent, and after the war of the French Revolution, she had accumulated an immense debt. How did she picct that debt? By immense enterprise, cast mg all her strength into the development of l wealth; and from her very necessities up sprang the strength of Britain. That is recorded history. Now, to say that because we have a great public debt we should not engage in great public enterprises that are the foundation of wealth, is false policy and against all the laws that are known or have been taught from Aristotle down to this day. This measure has always been regarded as an important one. Of the power of the government in a matter national as this is I think there is no question. The exercise of the power for this particular purpose has been, in my judment, too long delayed, and I trust we. shal have action upon it now.
Mr. HOWARD. The Senfrom California has very correctly remarked that this is nota new measure. It has been the subject of most anxious consideration among commercial men for at least 25 years past, and perha)8 for a longer period. It was lie fore the 38th Congress and ever since I have been here there has been more or less discussion respecting a canal around the falls of Niagara. At the long session of the 38th Congress it was very fully discussed and considered by one of the standing committees of this body, and ifI mistake not, a bill for the purpose passed the HoRep. It is undoubtedly an enterprise of very great importance, of great importance both to the West and to the East, and one which I redict will ultimately be accomplished; for it is impossible to conceive that with the present limited facilities for the transportation of the products of the great West the country will generally be content for any considerable period. Without going into particulars, it is sufficient to say now that the means of transportation of the agricultural productions of the western States and of the northwestern States particularly. are by no means adequate to meet the public wants. I hope, sir, that this measure will not be postponed, but that it. will be taken up and note upon by the Senate at the present session of Congress. For one, I am free to an nounce myself strongly and earnestly in favor of this measure. It is a measure which we need in the West as.well as in the East, and I know of no public wOrk at present in contem plation which will ultimate y be of more value to the country and to the commerce and the agriculture 0 every part of the country. I hope that the measure will not be poetponed. but that we shall proceed to consider the bill and pass it.
Mr. GRIMES. Being a representative in part of one of the States supposed to have a ecnliar interest in the provisrons of this bill, I desire to state briefly to the Senate the reasons which will control my vote. I would prefer very much that the Senfrom Ohio should substitute a motion to recommit this bill to the ComCommerce for the motion which he has made to postpone it until the next session of Congress.
Mr. TRUMBULL. Mr. Igresident, what is the question before the Senate?
The PRESIDING OFFICER, (Mr. Emuunns in the chair.) The pending question is on the motion of the Senfrom Ohio [Mr. SHER MAN] to postpone the consideration of the bill until the 1st Monday in December next.
Mr. GRIMES. I think my motion takes precedence of that.
Mr. SHERMAN. I am informed that the rules of the Senate in regard to the precedence of motions are different from the rules of the other House. I withdraw my motion for the present in order to allow the Senfrom owa to test the sense of the Senate on the question of recommitment.
The PRESIDING OFFICER. The motion to postpone is withdrawn.
Mr. TRUMBULL. Then I understand the question to be on recommitment.
The PRESIDING OFFICER. The Chair has not et heard an such motion. The bill has not been read at Iength, and the 1st business in order, unless some member moves a recommitment, will be the reading of the bill.
Mr. SHERMAN. I understood the Senfrom Iowa to move to recommit the bill, and I gave way to that motion.
The PRESIDING OFFICER. Does the Chair understand the Senfrom Iowa to move that the bill be recommitted to the ComCommerce?
Mr. GRIMES. Yes, sir, I make that motion.
Mr. GRIMES. The Senfrom Illinois will allow me to say that the objection to the course proposed by him is, that to attempt to amend the bill in that way would destroy the whole framework of the bill, and the Senator who reported the hill gives his assent to that proposition. My sole purpose in proosing to send it back to the committee is to allow them to change the character of the bill so as to make it truly a national work and not partially and in a great degree a private work.
Mr. TRUMBULL. If the Senfrom Iowa will present his instructions to the committee, as to the character of the bill they are to report, if it shall be one that seems to me better than that already reported by the committee, I should be lad to vote for it.
Mr. GRIMES. should have drawn up some instructions ifI had not understood ever since I have been here that it was not exactly in order to instruct a committee of this body as to the course they shall pursue, but merely to make inquiries orpropose suggestions. It may be parliamentary to instruct a committee. but I think it ismot according to the custom of this body. A committee is requested to inquire and not instructed to report in a particular way. I suppose, however, that if the sentiment of the Senate, as indicated by the debate, should be what I have suggested, the committee would of course reporta bill in accordance with it.
Mr. TRUMBULL. We can arrive at the all parts of the country. point desired by the Senfrom Iowa either by the submission of a substitute on his part, by committing it to some other committee, or by instructions. When we come to consider the bill and its features, it will be for the senate to say whether it will be best to amend it or not. If the Senator desires to have this work done by the Government itself, be can move to strike out those provisions of the bill which place it in the ban s of a company, and then, if that motion was sustained by the senate and the bill was recommitted, the commit tee, understanding the views of the Senate, would frame a bill to carry out those views, and report it back to us, if it was necessary to recommit it at all. I will not, at this moment, undertake to say whether it would be best for the Government to construct the work itself or through a company. That it has power to do it through a company, I have very little doubt. The question of the right of a company to take property for public uses is too well settled in this country to be raised at this time. The right of eminent domain existing in a State may be exercised through the means of a company fora public purpose. It has so been settled in all the States; and I think the Federal government may, through a company, exercise this power. We have done it in the case of the acific railroad. In 0 ening the great highway to the Pacific we have incorporated a company through whom the work is being done.
Mr. CLARK. We incorporated a company not in the States, but in the Territories.
Mr. TRUMBULL. That work runs into the State of California.
Mr. CLARK. But we did not undertake to charter the company to do it there.
Mr. TRUMBULL. That is coming on very rapidly.
Mr. GUTHRIE. They are going ahead with it now; but if we had had that enterprise on hand when the war came on, how fast could we have constructed it? My judgment has always been in favor of the Pacific railroad. When I was in Mr. Pierce's Cabinet, and was there brought to the consideration of the subject, surveys having been ordered, I came to the conclusion, and I have never since changed my opinion, as to the necessity, the propriety, the wisdom, and the statesmanship of binding the west coast to the Atlantic by railroad communication, and I am not gmng now to be driven out of my judgment in favor of this ship canal because gentlemen are disposed to undertake it in a way that I do not like, and at a time that I think inexpedient for the work, considerin the condition in which we are. I shall not, iowcver, undertake to discuss the subject or to go into its merits.
Mr. SUMNER. Mr. President, the Senfrom Kentucky gives his judgment in favor of the proposed ship canal, but he gives his argument against it. He is in favor of delay, and the reason that he assigns for delay is that the country is already encumbered by a large national debt which we should not now increase by any additional expenditure, and he asks with a triumphant air whether befo're it has ever been proposed to reduce a national debt by increasing it. Now, sir, permit me to say that his question does not meet the case. It is propose, so far as I understand the question now, to provide additional resources. To that end an additional expenditure is to be in curred; but the object is to secure additional resources. Out of those additional resources there will be increased means for the payment of the national debt. That is the precise an swer which I make to the Senfrom Kentucky; and as Iunderstand him to make no other special objection to proceeding with the matter now, I feel that he is completely an swered. I confess, however, sir, that what fell from the Senfrom Iowa produced more impression on my mind. His objection to the exe Q cution of this work by a corporation and to allowing that corporation to establish tolls which the people of his State and of other States at the est should be obliged to pay, certainly deserves attention.
Mr. SHERMAN. And there is the water power.
Mr. STEWART. I desire to say to the senator that I shall not oppose the bill on the ground that the canal is to be built by a coman. if pay majority of its frien‘ds conclude that it ought to be built by a company, I shall vote for the bill in that shape.
Mr. HOWE. But, Mr. President, this is not a grant to the company; this is a loan. In other words, under this bill you put 6 mi lions of your notes or your obligations into this enterprise, and you take back 6 millions of the obligations of the company. True, there is nothing to back these obligations except this money which they have put in previous to your loaning a dollar to them. That does not seem to me like a very rash enterprise. The Senfrom Iowa is afraid that they will lay enormous tolls on the commerce of his State, on the products that go from the North west to the East and the commodities that come back again. Possibly they may. He says he is not willing that the products of his State shall be subjected to any such tolls as this company may levy. Who has the control of the tolls levied upon the products of the State of Iowa today? This is an additional facility that you are to afford. You do not close up I think the work is so important that any of the present avenues. You will have all the outlets you now have and this in addi‘tion.
Mr. GRIMES. Will the Senator permit me a moment?
Mr. GHIMES. We have various outlets now to the East, and we have been lookin with longing eyes to a piece of unoccupie ground where we have been in the hope that there would be a national work that would not. be within the control of a private corporation. The ComCommerce propose new to let a private corporation come in and take possession of that very ground, the only unoccupied ground, and put it in the control of another corporation. This is putting it beyond our power to have any free communication between the Atlantic and the lakes.
Mr. HOWI‘]. Not at all. It is conceded that the commerce of Iowa will not. be in any worse condition when this canal is btiilt than it is now; but, argues the Senator, a location, a site, for an improvement will be occupied by a private company, which he seems to have been looking to as a proper site for the Government itself to improve for the benefit of the whole country. It is still open to the Government to do so.
Mr. CLARK. Why is it not better for the Government, as a great national work, to undertake it and have it as its own?
Mr. HOWE. I have assigned one reason; that is, that a private company will do it more economically than the Government will do it, in my judgment. I am only giving my own ideas now and not the ideas of the committee, because the committee have not considered this question; were not instructed to consider it. The HoRep refused to consider it. The committee could have considered itii' you had instructed them to consider it. This is my own reason. Another reason is this: it is yet an open question whether it is advisable, whether it is wise and efipedient, for the Government to put its money into this work. If the measure is not a wise and judicious one, and you put the $12,000,000 which it is estimated it will cost, into it, if it does not pay the money is gone and you have no resource. Ifyou put $6,000,000 into it and a private company puts in the balance it is all pledged to pay back your $6,000000. The interest is to be paid annually, and 10%. of the gross earnings of the canal are set aside to pay back your principal. You have that security for getting it bac. In the worst point ofview you getthe improvement for $6,000,000, whereas, if the Government undertook it directly, you would not get it under 12 or 13 million dollars.
Mr. CLARK. Is that anything more than making a private company surety for the government? This is such a national work that I would have Congress consider whether it would do it, and whether it was advisable to be done by the nation, and let the nation do it and own it and control it, as a monument of the nation’s power, as a monument of the nation’s Beneficence and foresight. It seems to me very much better that it should be so. I should myself very much prefer that the Government should do it, an that'it should be the Government’s work. I will not interrupt the Senator now, but I was going to state another reason why I should prefer it.
Mr. DOOLITTLE. If the honorable Senfrom Pennsylvania will give wayI desire to move an executive session. [“Oh, no.”] I have on 2 do sin succession moved executive sessions, an when the time has arisen to take a vote, the question in executive session has failed for the want of a quorum. The Indian appropriation bill is to come right upon us, an 'it is necessa to act on certain matters in executive session before that is disposed of. I therefore, if the Senfrom Pennsylvania will allow me, move that the Senate now proceed to the consideration of executive business.
Mr. HOWE. I wish my colleague would let us get through with this.
Mr. DOOLITTLE. Let it go over until tomorrow as the unfinished business. EXECUTIVE ssssrox. The motion of Mr. DOOLITTLE was agreed to; and after some time spent in executive. session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnunsnsv, June 28, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Born res. The Journal of yesterday was read and approved. CONTESTED ELECTION BOYD VERSUS KELSO.
Mr. UPSON called up and the House proceeded to consider the report of the ComElections in the case of Boyd vs. Kelso, the endmg question being upon the following resolution reported by the committee: Resolved.That John R. Kclso is entitled to retain his seat in this House as a representativo in the 39th Congress from the 4th congressional district of Missouri.
Mr. UPSON. I am informed that neither of the parties desire to discuss this report, and unless some other gentleman desires to debate it, I shall content myself with calling the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the opera.tion thereof the resolution was agreed to.
Mr. UPSON mtRtv the resolution was adopted; upon the table. agreed to. Mrl UPSON. I am instructed to report from the ComElections the following resolution: 'Renolved.That there he paid out of the contingent fund of this House to S. H. Boyd the sum of $2.500“: full for the time spent a nd the exensos incurredl by him in contesting the right of John R. Kelso to hi seatin this House asa Representative in the 39th Congressfrom the 4th congressionaldistrict 0 Missouri. The committee, on examining the case, agreed that it came within the rule adopted by the House. The resolution was agreed to.
Mr. UPSON mtRtv the resolution was adopted; upon the table. agreed to. LAND TITLES IN CALIFORNIA.
Mr. BIDWELL. I call up) the motion to reconsider the‘vote by which. ill of the Senate No. 343, to quiet land titles in California was referred to the ComPubLands. I have no remarks to make on this question. I will only say that this is a very important bill, and one in which we who live on the Pacific coast feel a deep interest. I call the previous question on it.
Mr. JULIAN. I Wish merely to state to the House that this bill has been considered by the ComPubLands, and that it will be reported under our regular call.
Mr. BIDWELL. If there is any objection, I am willin to postpone the consideration of the bill unti the morning hour, but I desire to bring it befor’the House, and I hope there will be no objection to my motion. I insist on the demand for the prevmus question.
Skip Skip Mr. JULIAN. mtR upon the table. The question was put, and there were ayes 82. noes 52; no quorum voting. Tellers were ordered; and Messrs. JULIAN and Binwsu. were The House divideatppointed.; and the tellers reported aycs 44, noes 37; no guorum voting. Mr. ELIOT demande the eas an nays. The yeas&nays were or ered. The question was taken; and it was decided in the negative yeas 60, nays 54, not voting 78; So the motion to reconsider was not laid on the table. The question recurred upon the mtRtv the bill was referred to the ComPubLands. Mr. BIDWELL. I call the previous question on that motion. The previous question was 2nded and the main question ordered.
Mr. JULIAN. I wish to make a single remark upon this question. The ComPublicLands have decided to report in favor of this bill and the committee will probably be called today. Now, I ask that this House Will not permit the discourtesy toward a standing committee of this House of reconsidering the reference of this bill without any shadow of reason or excuse therefor; and ask the eas&nays on the motion to reconsider.
Mr. BIDWELL. A single word. There is areason for this reconsideration. This is a California bill and I am informed that a gory wrong and odious amendment, in our opinion, is attempted to be attached to the bill. As it is a California measure we think that a member from California should have the control of the bill while on its passage through this House. We demand notiiing but what is right, but we are. determined to stand firmly, at the same time courteously and respectfully, by our rights.
Mr. JULIAN. The amendment which the ComPubLands have agreed to report to this bill is one which they have deemed proper. All that we ask, without having any feeling in the matter, is that this House shall vote upon the propriety or impropriety of that amendpment. If the amendment is voted down, the bill will still be before the House for action. We only ask that the ComPubLands shall be treated with a decent courtesy, such as is accorded to every other standing committee of this House.
Mr. HIGBY. I did not consult with my colleague [Mr. BIDWELL] nor he with me ltblllls matter. But I understand from the chairman of the ComPubLands [Mr. Ju LIAN] that the bill now in question will be reported by that committee today, or so soon as that committee shall be called.
Mr. JULIAN. We will be called today or tomorrow, and we have decided to report that bill with an amendment.
Mr. HIGBY. The amendment to which the entle man refers is one which my colleague fMr. BIDWELL] says is odious to him. It is odious to the whole California delegation. And all I ask, as a Representative from California, is, that whenever the bill is reported to the House it shall be 0 enfor examination and discussion. And i there should be any attempt on the part of the ComPubLands to call the previous question and thus cut oli‘ debate, I shall ask the House to vote down the previous question, so that the bill may be open to investigation. derstanding, l have no objection to the position taken b' the chairman of the ComPublicLands, [ML JULIAN] that the bill be left to the committee, and that it shall be reported with the understanding that it shall be open for investigation. That is all I want.
Mr. BIDWELL. I wish to say to the honorable chairman of the ComPubLands [Mr. JULIAN] that if he will agree that my colleague, [Mr. McRUER] who is also a member of that committee, shall report the bill, and that‘e or I shall have the control of it, I will not ress my motion to reconsider.
Mr. JULIAN. Mr. Speaker, as the chair man of that committee and its organ, and in concurrence with its wishes, I claim the right to report the bill. I say, however, to my friendfrom California that I propose no snap judg. meat; I do not propose to cut off a fair caring by callin the previous question. A full and candid discussion of the measure is the very thing that I want and all that I ask. If the House should disagree to the amendment recommended by the committee the House will be responsible, not myself or the committee. We seek no improper advantage. Certainly I am not making an extraordinary claim when I insist on my right to report a bi lagrced upon by the committee of which I am chairman. It is an extraordinary movement to attempt to contravene that right by the motion which has been made.
Mr. McRUER. If the chairman of the ComPubLands will report this bill today, and will not, as he has indicated, with hold it until all other bills are reported, so that thus the bill may die, I have no objection to its bein reporte by the chairman. But, sir, I fear that the bill in his bands will never be reported. Mr. JULIAN. I have said to the House that I will report the bill, and I have nothing more to add.
Mr. McRUER. I am not williu that we shall lose our position on the floor to pay unless the gentleman will agree to report the bill to day. If he will not do that, I must insist upon our maintaining the position we now have.
Mr. JULIAN. I the question is presented With that nn. here of the right of a local interestin California to dictate to this House, and to dragoon itiuto compliance With its own peculiar wishes and purposes, I hope the House will so understand the question, and with that understanding will vote upon the motion which has been made.
Mr. HIGBY. In answer to the remark which the gentleman has just made, I will say that if this House should undertake to dictate to a united delegation upon a local question, it will do more than I anticipate, and more than this House has done before.
Mr. JULIAN. We simply propose to submit an amendment prepared by the committee. We only ask a vote upon that amendment. Let me add that the amendment involves principles which affect the whole country, and not merely the State of California.
Mr. HIGBY. I am willing to take the word of the gentleman. If he says that he will report the bill, I have no doubt that he will 0 so.
Mr. JULIAN. Of course I will. The Speaker. This debate is not in order, though it has been tolerated in the hope that some arrangement would be agreed upon between the delegation interested and the committee. The previous question has been 2nded and the main question ordered.
Mr. BIDWELL. I trust that the gentleman will allow me to say 3 words.
The Speaker. Debate is not in order except by unanimous consent; and objection is made. The question is on the mtRtv the bill was referred to the ComPubLands, on which the Gentfrom Indiana [MI Jumax] has demanded the yeas&nays. The yeas&nays were ordered. The call of the roll was commenced, when
Mr. HIGBY said: I hope that in view of the statement of the chairman of the commit tee, my colleague will withdraw the motion to reconsider. It can be done by unanimous consent.
Mr. BIDWELL. I am willing to withdraw the motion with the understanding exressed by the Gentfrom Indiana that e will report
Mr. RANDALL, of Pennsylvania. I object to debate. If the gentleman is willing to with draw the motion. let him withdraw it. The Speaker. Debate is not in order without unanimous consent.
Mr. BIDWELL. I withdraw my motion, relying upou the justice of the House that it. will not adopt a proposition against the wish of the delegation immediately interested.
The Speaker. Is there any objection to dispensing with the further call of the roll and allowing the Gentfrom California to with draw his motion to reconsider? There was no objection, and the motion to reconsider was withdrawn. The next business in order was the call of the ComPubLands for reports. INDIANA AGRICULTURAL COLLEGE.
Mr. JULIAN, from the ComPub lic Lands, submitted an adverse report upon the etition of the trustees of the Indiana Ag ricultural College, asking a modification of the act of Congress donating lands for such colleges; which was laid on the table. HUMBOLDT CANAL COMPANY.
Mr. JULIAN. I am instructed by the ComPubLands to report back House bill No. 690, to explain and limit an act to grant the right of way to the Humboldt Canal Company through the pubfg: lands of the U.S., witfithe recommendation that it do ass. It is in explanation of an not passed at t iis session. The bill was read. It provides that the act approved June 12, 1866, and entitled “An act to grant the right of wa to the Humboldt Ca nalCompauy through I. a public lands of the U.S., " shall never be held or coni strned to authorize the grantee therein to divert the water of said river from its natural channel to such an extent as to deprive the occupants of farming and agricultural lands along said liver of the free and adequate use of the water of the same necessary for the ordinary use of said lands by settlers thereon; nor to permit said company to approriate land in the bona fide occupation 0t setters on the public lands without making compensation for the land to be taken. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. JULIAN mtRtv the bill was passed: upon the table. agreed to. DISCONTINUANCE OF LAND OFFICES.
Mr. JULIAN, from the same committee, also reported a bill for the discontinuance of land offices and authorizing modifications in the limit of said districts; which was read a 1st and 2nd time. It proposes thatwhen ever the public land in a State shall have been so nearly sold out as to render unnecessary the continuance of the district office of the register and receiver it shall and may be lawful for the SecyInterior to order the transfer to the GLO of the land archives belonging to such districts, and in regard to the disposal of any residue of public lands in such district, the Commissioner shall possess all powers previously possessed by the register and receiver; and that whenever in the Jud"ment of the SecyInterior it shrill be advantageous to the public intereststo ined ify the limits of a land district, either by enlarving or diminishing the same, he shall be, an is hereby, authorized to cause such modification to be made, giving timely public notice thereof. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. JULIAN mtRtv the bill was passed; upon the table. agreed to. OREGON LAND DISTRICT.
Mr. JULIAN, from the same committee, also reported back Senate bill No. 30, to create an additional land district in the State of Oregon, with the recommendation that it do ass. t prooses to authorize the President at the U.S. to establish an additional land district in the State of Oregon and to fix its boundaries, which district shall be named after the place at which the office shall 1st be establilshed; and the President is from time to time, as circumstances may require, to adjust the boundaries of the various and districts in that State, and to change the location of the land office. A register and'recciver are provided for, to reside at the site of the office, to receive the same fees and perform like services as other land officers in that State. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. JULIAN mtRtv the bill was passed; upon the table. agreed to. NEVADA LAND GRANT.
Skip Skip The bill, as amended, was then ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. JULIA. mtRtv the bill was passed; upon the table. agreed to. IRON MOUNTAIN RAILROAD.
Mr. JULIAN, from the same committee, reported back with amendments Senate bill No. 37, making a rant of lands in alternate sections to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob, in the State of Missouri, to Helena, in Arkansas. The amendments reported by the committee were of a verbal character. The bill was read in full.
Mr. PRICE. I dtglt‘e to ask a question in reference to the phraseology, “ten sections in width on each side of the ma;” whether the fair construction of that laugua 0 would not give them ten sections on each side of the road.
Mr. JULIAN. If there is anything equivo cal iu the language I will accept a modification.
Mr. PRICE. I think it is proper that the language should be changed so as to make it definite; It reads, “ every alternate section of land designated by odd numbers for ten sections in width on each side of the road." I move to amend it by substituting“ 5 ” for “ ten;” so that it will read “ 5 sections in width on each side of the road.”
Mr. JULIAN. I accept the amendment and call the previous question on the bill and amendments.
Skip Skip The previous question was 2nded and the main question or ered; and under the operation there of the amendments were agreed to. The bill, as amended, was then ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed.
Mr. JULIAN mtRtv the bill was passed; upon the table. agreed to.
Mr. JULIAN. Mr. Speaker, I have one other bill which I reserve for ti present, and yield to my friendfrom Michigan.
Mr. DRIGGS, from the ComPubLands, reported back Senate bill No. 193, granting lands to the State of Michigan to aid in the construction of a harbor and ship canal at Portage Lake, Keweenaw Point, Lake superior, in said State, with a recommendatfim that it do pass. The bill was read.
Mr. DRIGGS mtRtv the bill was passed; upon the table. agreed tb. LAC LA BELLE SHIP CANAL.
Mr. DRIGGS, from the same committee, reported back Senate bill No. 219, granting cer‘tain lands to the State of Michigan to aid in the construction of aiship cnnal to connect the waters of Lake Superior with the lake known as Lac LaBelle, in said State, with a recommendation that it do pass. The bill was read.
Mr. PRICE. I only wish to say that it is a most singular thing that such a bill as this should come from a committee that has here tofore insisted so pertinaciously upon having limits to land grants. Here is a bill without any limitation whatever, I believe, unless it be the boundaries of this continent.
Mr. STEVENS. Mr. Speaker, I desire to know whether this amendment which I hold in my hand is germane or not. If it is I desire to offei it.
Mr. DRIGGS. I will hear it read before I agree to allow it to be olTered.
The Clerk read as follows: New llavss. June 27, 1866. To Hon. H. C. Dmmm. 29le street: The constitutional amendmentfinally it provedto day, 175to 88. We are liring 100 guns. JOSEPH B. HAWLEY. Laughter] he. SPEAKER. The Chair thinks the amendment is not germane.
Mr. DRIGGS. I will say in reply to the Gentfrom Iowa, [Mr. Tamra] that no ands are to be acquired by this company until they have completed all their work. The time is limited to 2 years, and the lands are confined to the upper peninsula of the State of Michigan. If that is not so I will have it inserted.
Mr. RICE, of Maine. How much land does it rant?
Skip Skip The bill was ordered to a 3rd reading; and it was accordingly read, the 3rd time and passed. Mr. DRIGGS mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message Was received from the Senate by Mr. Foimsv, its Secretary, informing the Hyouse that the Senate had agreed to the re nest of the House for a committee of conerence on the disagreeing votes of the 2 Houses on House bill No. 513, to reduce internal taxation and to amend an act entitled “An act to provide internalrevenue to support the Government, to pay interest on the a lie debt, and for other purposes, " approve June 30, 1864, and acts amendatory thereof, and that it had appponited as managers on the part of the Senate Messrs. Fassssnns, VAN VINKLE, and Gurnais. LAND GRANT TO MINNESOTA.
Mr. DONNELLY, from the ComPubLands, reported back bill of the Senate No. 156, making an additional grant of lands to the State of Minnesota in alternate sections to aid in the construction of railroads in said State. The Senate amendments were agreed to.
Mr. DON N ELLY. I move the previous question on the bill.
Skip Skip The previous question was 2nded and the main question ordered. The bill, as amended, was ordered toa 3rd reading; and it was accordingly read the 3rd time and passed. Mr. DONNELLY mtRtv the' bill was passed; upon the table. agreed to.
Mr. DONNELLY also, from the same committee, reported back bill of the House No. 382, granting lands to the State of Minnesota for the establishment of an asylum for the relief of disabled soldiers and sailors of that State and of the U.S.
Mr. DON NELLY. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. DONNEIAIJY mtRtv the bill was passed; upon the table. agreed to.
Mr. DONNELLY, from the same commit tee, reported back bill of the House No. 191, to amend an not making a grant of lands to the State of Minnesota to aid in the construction of a railroad from StPaul to Lake Superior, approved May 5, 1864.
Mr. MORltILL. I would like to make an inquiry or 2 of the gentleman in relation to this matter. I would like to know how many of these bills there are behind. We seem to be passing these measures without any knowl edge, so far as I can ascertain, of what they are. We have already passed a bill giving 640 acres of the most valuable lands in the U.S.
Mr. DONNELLY. I would say, in reply to the gentleman’s question, that this bill does not make any additional grant of lands. It only changes the boundaries and location of the land grant already made. There has been a grant of land made to Minnesota to build a very important railroad from StPaul, which is the head of navigation on the Mississippi river, to Lake Superior. The city of StPaul, anxious to encourage the building of that road, has otfered a bonus of $250,000, provided the road should be built on the most direct line practicable. The result is that the company have to carry their road very close to the boundaries of the State of Wisconsin and as the grant is confined to Minnesota, and the road necessarily in the center of the grant, the value of the land grant is impaired to that extent, unless it is allowed to take the same amount of lands in Minnesota further to the west. That is all that this bill proposes to do.
Mr. MORRILL. I would ask the Gentfrom Minnesota [Mr. Dosxsun'] if there is in this bill the same provisions that there were in the former bill.
Mr. MORRILL. I do not know that the gimtle man has seen a map of the State of innesota, such as I saw a day or 2 sincel If I had it here, so as to show the House the lines drawn across it, indicating the rants that have been given to railroads, I thin it would rather surprise the House. And it is the same with other western States. These western States are covered all over with railroad grants as with a ridiron; the whole country completely braided. I think that no bill in relation to these railroads ought hereafter to pass without a close ins cction by the House.
Mr. ROSS. I will say that if we have not given Minnesota more than a 4th of our public lands in that State, it might be as well 'or the gentleman to introduce a bill to give the State the balance.
Mr. DONNELLY. I have no doubt that when the delegation from Minnesota ask for it Congress will respond liberally, not for our sakes alone, but because we are doing a great and national work there; we are developing great communities there and thus benefiting the whole country. An when my friend, the chairman of the Committee ofWays&Means, Mr. MoaaiLL] shall succeed in getting through is great measures for raising revenue, he will find in the mass of population and settlement spread over the great West the best testimony in favor of the Wisdom of that policy which has encouraged the building of mi roads by grants of public lands' and the best basis not.only for the collection of revenue, but for the prosperity of the whole land. We deserve well of the country. We are laying the foundation for a mighty future and the whole nation is interested in our work. I demand the previous. question.
Mr. RANDALL, of Pennsylvania. I call for the eas and mi 5 on this bill.
Mr. FARQUHAR. [desire to inquire of the Gentfrom Minnesota [Mr. 0N NELLY] whether in this grant the alternate sections are reserved.
Mr. DONNELLY. The are; the grant is precisely the same in its ctails as all other and grants.
Mr. GRINNELL. I simply wish toinquire of the Gentfrom Minnesota whether the objection made in regard to giving public lands avgxthese is not one unworthy to b tered ere, when the Government chargesjust double the usual rice for the reserved alternate sections. An I would also an gest that there can be no objection to this bill, because by it no additional land is given.
Mr. DONNELLY. I thank the gentleman i for the suggestion. I have already said that this bill does not give a foot of land in addition to the former grant, but simply changes the western boundary of the grant. I renew the call for the previous question.
Mr. RANDALL, of Pennsylvania. I wish to ask the Gentfrom Minnesota a question: does not this billrpropose to vary the original grant?.
Mr. DONNELLY. It proposes to change the shape of the land grant; that is to say, the effect will be that the road, instead of runnin through the center of the land granted, will run through the eastern part of the grant.
Mr. RANDALL, of Pennsylvania. Then it simply proposes that this company shall have a further choice of the public lands.
Mr. DONNELLY. es, sir. I call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill Was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question being on the passage of the bill, Mr: ONNELL called for the previous question.
Mr. RANDALL, of Pennsylvania. I call for the yeas and uays on the passage of the hill. ’1‘ e ycns&nays were not ordered.
Mr. DAWSON. I call for tellers on ordering the yeas&nays. Tellers were not ordered.
Mr. MORRILL. I move that the bill be laid on the table, and on that motion I call for the yea&nays. The yeas and Days were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 45, nays 73, not voting 64; So the House refused to lay the bill on the table. The question recurring on the passage of the bill, it was agreed to.
Mr. DONNELLY mtRtv the bill was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE PRESIDENT. Several messages in writing from the POTUS were delivered to the House by Mr. EDWARD Coorsn, his Secretary; who also informed the House that the President had approved and signed bills and aJtResolution of the following titles: An act (H.R.No. 249; to establish a land office in the Territory of daho; Os.” An act (H.R.No. 342) in amendment of an act to promote the progress of the useful arts and the acts in amendment of and in addition thereto; and A JtResolution (H.R.No. 102) for the relief of James M. Blake. FORT HOWARD MILITARY RESERVE.
Mr. DONNELLY, from the ComPubLands. reported back Senate bill NO. 168, to provide for the disposal of certain lands therein named. The bill, which was read, provides that the ComrGLO shall be authorized to cause to be offered at public 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 ine nths’ notice of the time and place of such sale, by advertising the same in such newspapers and for such period of time as he may deem best. Every such lot shall be sold separately to the highest bidder for cash, and when not paid for within 24 hours from the time of purchase, it shall be liable to be resold under the order of the ComrGLO, at such reasonable minimum as may be fixed by the SecyInterior, an no sale shall be binding until approved by that officer. It also provides that it shall be the duty of the Presient to cause patents to be issued in due form oflaw for every such lot, as soon as may be after purchase and payment. r
The SPEAKER. The morning hour has exired, and this bill goes over until next Sat u pay morning. srsAxnu’s TABLE.
Mr. DAWES moved that the House proceed to the consideration of the business on the Speaker’s table. The motion was agreed to. NORTHERN KANSAS RAILROAD, ETE.
The Speaker then laid before the House the messa e from the Senate in which it was announce that the Senate had disagreed to the amendments of the House to the bill (S.No.145) entitled “ An act granting lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph, " had asked a conference on the disagreeing votes of the 2 Houses, and appointed as conferees on the part of the Senate Messrs. POMEROY, BROWN, and RIDDLE. The conference asked for was agreed to. WOODWARD AND CHORPENNING. The next business on the Speaker’s table was the amendments of the Senate to House JtResolution No. 123, for the relief of Eliz abeth Woodward and George Chorpenning, of Pennsylvania. The resolution provides for the payment of $82, 325, in equal moieties, to Elizabeth Woodward, widow of Absalom Woodward, and George Cliorpeniiing, for destruction of property by Indians between Salt Lake and california prior to the lst of July, 1852; the moiety paid to Elizabeth Woodward to be for the use of herself and her 4 children. It also provides for the payment of $30, 670 to George Chorpenning for property destroyed by Indians between Salt Lake and California prior to the 1st of April 1856; and the amount thus paid is to be deducted from any annuities now due or that may hereafter become due to the Indians inha iting that territory. The amendments of the Senate were read. The 1st amendment was in section one, line 3, to strike out “$32, 326” and to insert “$28, 176.” The next amendment was in section two, line two, to strike out “$30, 670” and to insert “$26, 370.”
Mr. DAWES. Mr. Speaker, this was unan imously agreed to by the committee here, and reported on favorably in the Senate, but the amendments which have been read were adopted reducing the amount. The parties are compelled to acquiesce from necessity. The amendments were concurred in.
Mr. DAWES mtRtv the amendments were concurred in; upon the table. agreed to. rusnnusu’s BUREAU. The next business on the Speaker’s table was the messa e from the Senate which an nounced that the Senate had passed the bill (H.R.No. 613) entitled “An act to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refu gees, and for other purposes, ” with amendments, in which the concurrence of the House was re nested.
Mr. ELIOT moved that the House non-concur in the amendm’ents of the Senate, and that a committee of conference he requested on the‘ disagreeing votes of the 2 Houses. It was so ordered. GRANTING AMERICAN REGISTERS. Mr.PIKE, by unanimous consent, submitted the followin resolution; which was read, considered, an agreed to: Resolved.That the ComCommerce)” directed to inquire into the expediencyof providing that in all casesthat may be reported by them for granting American registersto foreign built vessels. the owners of vessels shall, before receiving such American registers.pay 40%. qd vnloremof said vesselsinto the Treasury of the U.S. 40%. being the averageof duties under the existing tariff. DITEHING COMPANY.
Mr. COBB, by unanimous consent, introduced a bill to incorporate the U.S. Fencing, Ditching, and Land Reclaiming Company; which was read a 1st and 2nd time and referred to the ComDistCol. LAWS OI."DAKOTA TERRITORY.
Mr. ASHLEY, of Ohio, at the request of Mr. BURLElGH, by unanimous consent, introduced a bill to provide for the publicatimi of the laws of Dakota Territory; which was read a 1st and 2nd time and referred to the ComTerritor. IRON GLAD NAVY YARD.
The Speaker laid before the House a mes sage from the President transmitting a communication from the SecyNavy, with a report of the board of examiners appointed underJtResolution of June 1, 1866, to examine a site for afresh water basin for iron clad vessels of the U.S. Navy; which was laid upon the table, and ordered to be printed. HONORS to REBEL DEAD.
The Speaker also laid before the House a message from the President in answer to a resolution of the House as to whether any of the civil or military employees of the Government have assiste int e rendition of public honors to the rebel living or dead; which was laid upon the table, and ordered to be printed. ARMY BILL. On motion of the SPEAKER, Mr. Wasn BURKE, of Illinois, detained from the House by illness, and at his own request, was excused from service on the commmittee of conference.on the Army bill, and Mr. Truman was appointed iu his place. TARIFF.
Mr. MORRI'LL moved that the rules be suspended and the House resolve itself into the omWhole on the state of the Union on the special order. The motion was a reed to. The House accoringly resolved itself into the ComWhole on the state of the Uhion (Mr. SCOPIELD in the chair) and proceeded to the consideration of House bill o. 718, to provide increased revenue from imports, and for other purposes.
Mr. KELLEY. Mr. Chairman, I do not avail myself of the floor at this time for
Mr. MORRILL. Mr. Chairman, I desire to say this: if it is the wish of the committee, I would like to move at once that the committee rise for the purpose of terminating all general debate; but if it is the desire on the part of gentlemen to continue the discussion through the day, I have no objection to debate for today.
Mr. STEVENS. I hope, after the speech just made by the Gentfrom Vermont. we shall he allowed some latitude of discussion. I look upon this bill as a free trade bill from beginning to end. It is anything but protective. For instance, I see a single item in this bill, not in the former act, relatin towhat is called scrap iron, which means any ind of iron. The dut on scrap iron is 1/2 that on ig iron, andyyet. it is worth 4 times as muc as pig iron. This is atariff particularly fitted for the eastern market. I shall not so anything about the question of coal until I iid whether my collea e has really indorsed the bill or not. If he had not been on the committee I should say it was a most extraordinary imposition upon th protective tariff of the country. But I di not rise to speak on the subject, but simply to ask that we may be allowed a little discussion.
Mr. MOORHEAD. I must decline to yield the floor.
Mr. KELLEY. I believe I hold the floor, and I yielded it temporarily to my colleague.
The CHAIRMAN. The Gentfrom Pennsylvania [Mr. KELLEY] in front of the Chair is entitled to the floor.
Mr. MOOlt HEAI). I did not know that that was my position. I had no idea that I was occupyin the time of my colleague.
Mr. KELL ’Y. I thank my colleague for his courtesy. I thought he had brought his explanation to a good point where I might resume the floor, and I would as lief make my own speech as have the gentleman make it
Mr. MOORHEAD. My colleague knows that I am not much in the habit of speaking, and I do not like interriipt‘mns. I thought he wished to draw me from the line of my remarks.
Mr. KELLEY. I will promise not to interrupt the gentleman when he gets the floor, but I must interrupt him now as the floor is mine. Unless it be the understanding that the interruptions shall not come out of my time, I must decline to yield further.
Mr. BEAMAN. I object to further interruptnio.n.KELLEY. If the objeciion be with drawn and the House agree that it shall not come out of my time, I will gladly yield to my colleague.
The CHAIRMAN. The Gentfrom Pennsylvania [Mr. KELLEY] is entitled to the floor, and he will proceed.
Mr. MO tRILL. Will the Gentfrom Pennsylvania [Mr. KELLEY] yield to me for a moment?
Mr. MORRILL. I desire to ask the Gentfrom Pennsylvania if he does not know that for a half a century such lines have been drawn by American Congresses; if there have not been differential rates of duties upon goods imported from the one side or the other of the Ca e of Good Hope?
Mr. KELLEY. The gentleman has not done me the honor to listen to my remarks, for I have alluded to that fact. But, sir, I repeat that all the precedents established by Congress are that the lighter duties should be imposed upon goods coming from the more distant points; and that thes bill is in direct conflict with those precedents, inasmuchasit proposes to increase the duties in proportion to the greater distance the goods have to be transported. The greater the expense of carrying the commodity to our country, the heavier are to be the rates of duty accordin to this bill, and in this respect, I assert, and tie gentleman will not gainsay the fact, the bill is in conflict with all our inst regulations on the subject. Now, sir, i desire most briefly and cursorily to call the attention of gentlemen to what may become a grave national question in connection with this subject. We must strengthen the patriotism by fostering under patriotic auspices the material interests of Virginia, if we do not want the possibility of a war with France to be thrust upon our attention in the consideration of many questions which should be purely do mestic. n this aspect of the case, the question is not merely local. When the rebellion was recipitated by the firing upon Sumter, the robe s of Virginia were inviting Louis Napo leon to direct interference in behalf of the contemplated confederacy. In March, 1861, the Legislature of that State granted to Messrs. Bellot des Minieres, Brothers &, Co., ofFrance, nominally in their own right, but really as uii recognized agents of the Emperor, authority to extend the Kanawha canal from the James river, through vast and inexhaustible beds of iron and eanneLand bitumine us coal, to the Ohio. And the present unconstitutional and rebel Legislature of Virginia are endeavoring to revive and execute that contract.
Mr. PIKE. I desire to ask the gentleman whether the loyal people of WestVirginia have 0t t to do the same thing.
The Clerk read as follows: "Virginia and NCarolina have each more mountainsor mineral territory and lensagricultural lands than Pennsylvania, yethowraver soall the cir cumstancesof their developments. “The Richmond or tide water coal field in Yir rzlniacontains180 s uare miles of coal territory. The coal has been use for nearly 100 yearsas a mineral fuel for smiths‘uses. the castingof cannon, producing steam and asgas coal. It is equal to the coalsof the british Provinces for every purpose, is equally available to the Now England manutneturcrs, and isnotturtherfrnmthem. taking a onerul center. than the coalspf Pictoii or Sydney. Itis. like the coal of nova Scotiumcar tide wnter and can be conveyed from the mines to the manufacturersat Boston with the somedistanceby water as the coals of the British Provinces. Yct this mostavailable depositof coal is only partially developed. “The peopleof Virginia are blinded by a wrllful. ruine us infatuation. which stupidly rejects all that is promising and productive for all that is blighting and inipovcrishing. Congress also helps toniake their case moredesperate by granting to foreigners greaterfavors than to our own citizens: while tuxing the coal produced from our own minesdirectly and indirectly ovcrlitty centsper ton, the rival coals of Nova Scotia cometo our marketsduty free. “At one time Richmond enjoyed an export trade in cool, but since the reciprocity treaty it has van ished. Enterprise and on itnl havcizoncfrom Phila del his. NewYork and ostonto develop Acadian co. liclds, while it is denied to Virginia 1st. because Congresslegislates against her and in favor of a foreign rival; and 2nd, becauseher people are popr. impractical, and soured by poverty and distress."
Mr. KELLEY. ‘Mr. Chairman, I had in tended to argue the question of labor
Mr. MARSTON. I desire to ask the entleman whether he knows and Wlll discose the name of the writer of the article, a part of which hasjust been read. I
Mr. KELLEY. I do not know who is the writer of that admirable article, and cannot therefore disclose his name. But I‘ read it with ‘great pleasure; and could, if time permitte, more than confirm its statements from the recently published work of Mr. Daddow, giving descriptions of every mine in those States, and which I commend to gentlemen who wish to understand this subject. Now, sir, I was going to demonstrate to the House that this is not aq‘uestion of capital, but is a question oflabor. '1his is the amt upon whic. 1my colleague [Mr. Moonnnaofiwas about entering when resumed the floor, and as he will discuss it more ably than I could, will heap coals of fire upon his head by saying I will be interrupted and give him the remaining portion of my time.
Mr. MOOltHEAD. I did not know my colleague would conclude to let me in. I would rather he had preferred to let me conclude my remarks when I was upon the floor. He is accustomed to speak here, while I am not; but I do not know the House would not as lief hear me as him, [laughter] for though I do not speak as eloquently, still he speaks till the I house gets tired of him. If he Will tell me where 1' left off I will go on and finish my remarks.
Mr. KELLEY. I have come to the point of demonstrating that this is a question of the laborer and not of the capitalist, which is the point on which you were engaging when I resumed the floor. I
The Clerk read the 1st section of the bill, as follows: Be it enacted by!the Senate and HoRep of the U.S.A.in Congrrss assembled. That from and after the passageof this not. in lieu of the dutiesnow imposed by law on the nrticles mentioned and embracedin this section.there shall belcvied collect d and paidon all unmunufuctured wool.hnir of tho nlpaca. cont and other like aniinals.iuiported from foreign countries the duties l hereinafterprovided. All wools.hair of the alpaca. I out and other like animals. as aforesaid shall be ! divided. For the purposcof fixing the duties to be i charged thereon, into 3 classes.to wit: t Cuss 1. Clothing wools: that is to say. merine . mostiza. benefit of a people W110have no interest in ii mctz.orinetis wools or other wools of merine blood common With us; or to that portion of our people who have investments in the coal mines of Canada; and that coal from Canada can well afford to pay $1 25 or $1 50 a ton without increasing the price, for the duty will be paid by the producer and not by the consumer. Therefore I trust when the proper time comes this section will be stricken out and the duty remain as at present $1 perton. not increase the price the NewEngland people will have to pay. They will be able to maintain their manufactories as before. for we can furnish them with better coal, and at a lower price than the are now paying.
Mr. MORRILL. Imove that the committee rise for the purpose of terminating general debate. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Scorn 11.0 reporte that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, bein bill of the House No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution the‘reon. CLOSE or DEBATE.
Mr. MORRILL. I move that when the ComWhole on the state of the Union shall resume the consideration of bill of the House No. 178, general debate be term in ated thereon in ten minutes.
Mr. FTHOMAS. Does the chairman of the committee intend to cut otf legitimate de bate on‘the proositions to amend this bill?
Mr. MORRILL. I will modify my motion if the gentleman desires to occupy any time now.
Mr. FTHOMAS. I prefer to make my remarks upon some proposition to amend. There is a single feature in this bill that I desire to be heard upon when we reach that point. It is the one to which the Gentfrom Pennsylvania referred.
Mr. MORRILL. Of course, when general debate is closed, the debate on amendments will be limited to live minutes, but so far as I am concerned I will use my cfforts to allow the gentleman a reasonable time if he will state how long he wishes to speak.
Mr. FTHOMAS. I do not want to speak more than 20 or 30 minutes. MrrMORRlL. Would it not suit the gentleman as well to occupy that time now?
Mr. FTHOMAS. No, sir; there arepome fhcts in my possession that I wish to present.
Mr. MORRILL. I presume the House will indulge the gentleman. I insist on my motion. The motion was agreed to. TARIFF BILL AGA l N.
Mr. GRINNELL. I more to amend the l section by striking out in line 100 the word “ 12 ” and inserting in lieu thereof the words “ 25, ” so that it will read as follows: On sheep skins and Angora gontskins.raw or tin manufactured. importedwith the woolon. washedor unwashed the duty shall be 30 %.ml salo ram and on woolen rags. shoddy.mungo.waste and flocks.the duty shall hetwonty five cents perpound. Mr. Chairman, I am not acquainted with any clothes wearers or wool growers, or with any other class of men, who are in favor of permitting the importation of this shoddy into this country. We all know that it has been associated with fraudulent contracts. It has been palmed off upon our citizens who use cheap clothing: an every one knows that it has no real value. It is wanting in the wearing properties of wool. I think it is just to all parties, to the manufacturers, to the cloth wearers and to the wool growers; to discourage the importation of this article.
Mr. COOK. Before the Gentfrom Iowa [Mr. Kassos'] withdraws his amendment to the amendment, I wish to ask him whether his argument would not apply with equal force to the introduction of all foreign wools which may be maniifactured in this country.
Mr. KASSON. The answer to that is, that we produce an amount of wool in this country that is probably adequate to the consumption of the countr. That is not the case in reference to shod y and rags. There is aspecies of wool which we introduce largely for the purpose of mixing with the wools of this country; yet there is a respectable duty placed upon them by this bill.
Mr. LAWRENCE, of Ohio. I move to amend the amendment by striking out the words “25 " and inserting in lieu thereof the word “ 30.” I hope this question will not be disposed of without due consideration on the part of the committee. What is the particular proosition of the bill now under discussion? t is, that “on woolen rags, shoddy, mungo, waste, and flocks the duty shall be 12 cents perpound.” We are gravely told by the Gentfrom Pennsylvania [Mr. Km. LEY] that we should encourage the importation into this country of the old rags an cast off clothing of Europe, (bringing with them, as my colleague [Mr. BINGHAM] suggests, the itch, the small pox and yellow fever,) in order that this foreign refuse may be remanufactured into blankets and the finer qualities of clothin. Why, Mr. Chairman, what is this shoddy, this refuse from Europe, that is to be brought here to increase our manufactures? It is an article that may be bought at from 5 to ten cents peround. I will not pretend to speak with precision as to the price, for I am not familiar with the traffic.
Mr. COOK. It can be bought for about 12 cents peround.
Mr. LAWRENTJE, of Ohio. My friendfrom Illinois informs me that it sells for 12 cents per pound. This bill proposes that it shall be imported at a duty of 12 cents on the pound; so‘that its cost when brought into‘the counte'y will be about 24 cents peroun.
Mr. KELLEY. Will the gentleman allow me to state a single fact in reference to the price of this article? Our Army cuttings sold during the war for 65 cents a pound, being used for making shoddy wool. Hence the shoddy could hardly be sold for 12 cents a ound.
Mr. LAWRENCE, of Ohio. Why, Mr. Chairman, I am a little surprised at the remarks of the Gentfrom Pennsylvania. The Army cuttings to which he refers are not ovenAmericanshoddy. Theyare the wastefragments of new cloth, cloth never worn, never rotted, never contaminated by contagion or disease. Hence the remark of the gentleman has nothing to do with the question before us. The question is whether the old rags and worn out clothes of Europe shall be imported into this country at a low rate of duty for the purpose of breakin down the wool interests of this country. "he Gentfrom Illinois [Mr. COOK] informs me that he has now here a specimen of shoddy which is offered for sale in Boston at 12 cents perpound, so that with the duty proposed in this bill this article can be imported at a cost of 24 cents per pound. Ican understand what may be the interest of those whom the Gentfrom Pennsylvania represents, but that is not the interest of the western States, nor of the country generally. I do not propose to weary the committee with a discussion of the inexpediency of encouraging a foreign fraud, as we do by inviting the importation of foreign shoddy. The Gentfrom Pennsylvania says our old stockings and all the cast off rags of the country will be taken to be manufactured into bridal blank ets and baby clothes, and the gentleman, not satisfied with that, proposes to invite the shoddy and rugs of Europe to come in upon us. I am opposed to any such thin. Instead of 25 I hope the duty will be made 30. Here the hammer fell.]
Mr. MORltlLIi. Mr. Chairman, I am some what surprised that we can all of us he so elo fluent on so uninspiring a subject. Now, the duty proposed in this bill on shoddy is 4 times what it ever was before. It is a duty with which the wool grower himself is entirely satisfied. It is proposed by him and by nobody else. wrll say to the Gentfrom Iowa [ML GRINNELL] that the increase he has proposed will not prevent our having foreign shoddy. The only difference will be that under his amendment it will be manufactured by foreign manufacturers instead of by our own manufacturers. If you prohibit this raw material from coming in our manufacturers cannot use it, but of course foreign manufacturers can use it. We cannot discriminate in a tariff on woolens in reference to this subject of shoddy. It will take sharper eyes than the members of this House have to say when goods are made partly of shoddy and partly of wool. Again, the amountmanutactured in this country is inconsiderable. We have not reached that perfection in its manufacture which is obtained abroad, and the quantity, therefore, produced, amounting to something, is yet in.considerable with that made by British manufacturers. It is also used for other purposes than for the manufacture of cloth. It is used forpaper hangings, borderings, and fire boards, lVlng the velvet appearance to wall paper and Eorderings, and it is also used for various other u oses. It
Mr. LAWRENCE, of Ohio. I will inquire whether, if we produce enough of wool in this country to carry on the manufactures of the country, the old clothing and old woolen goods will not supply all demand for shoddy.
Mr. MORRILL. The factis, the wool grower in this country is protected upon this article to the fullest extent he would be if wool were used. Take the article of wool comin from Cordova, the common mestiza wool, valued at 15 cents perpound: the specific duty of ten cents perpound and 10%. adva lorem makes it 11 and a half cents per pound, and we give 12 cents on shod y; so that if the manufacturer uses shoddy, the woof grower gets about a half cent more protection than he would if wool only were to be used.
Mr. BROMWELL. I ask the Gentfrom Pennsylvania or the Gentfrom Vermont how France cheated England by prohibiting the importation of woolen rags.
Mr. MORRILL. France tried to keep the raw material from going out of the country in order to manufacture it herself.
The CHAIRMAN. The gentleman's time has exired.
Mr. IORRILL. I will only add that the wool growers themselves have no interest in raising this above the duty on wool.
Mr. LAWRENCE, of Ohio. I withdraw my amendment to the amendment.
Mr. GRINNELL. I move to amend the a“mendment by inserting “ 20 ” instead of 25;” and on that I wish to say simply a word or two. The Gentfrom Pennsylvania and the chairman of the ComWays and.Means have assured this House there are no wearing properties in shoddy. It is not denied this shoddy is the importation of rags worn by Italian beggars and the cast off rags of South American bar barians, and it is not denied we can get shoddy enough here at home. I am prepared to say I know men engaged in the manufacture of shoddy who wish to conceal the fact, understanding that it was disreputable. I have seen soldiers tear in pieces their clothingmade from what was supposed to be wool, but'wvhich was made of shoddy, and was almost as tender as brown paper. Now, sir, does it become the American Congress to encourage the importation of that which is so filthy that the board of health of NewYork city was compelled to remove it, in the shape of imported rags?
Mr. MORRILL. I know the Gentfrom Iowa [Mr. GltlNNl ILL] is learned in regard to wool, but he is not quite posted up in relation to shoddy. It is an article that never has been worn, being made from woolen rags torn to pieces the chippings from tailor shops. Mungo is the article that the gentleman alludes to.
Mr. GRINNELL. I allude to mungo and shoddy. The House does not understand what mungo means, and I have not time to explain it. I am simply stating that there are no wearing properties in it. It is an imposition, and it ought so to be regarded, upon the clothes wearing public. There is not a wool grower nor a clothes wearer that asks it. It is an imposition upon the people. We have imported in the last our years more than 27 million pounds of these old rags, not the cuttings of cloth, but beggars’ clothes. And now it is proposed to have a.duty of 12 cents a pound upon the article, the same as upon stron wool proper to be worn by a gentleman. Isay it is unequal. I say it is a reproach upon the nation to encourage it. Therefore, in order to secure the amendment, if possible, I will modify it by substituting 20 cents 'in the place of 25 cents.
Mr. KELLEY. Mr. Chairman, I wish the Gentfrom Iowa
Mr. GRINNELL] were better acquainted with this subject.
Mr. GRINNELL. I do not.want to be any better acquainted with shoddy.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and tonnd truly enrolled bills and JtResolutions of the following titles; when the Speaker signed the same: An act (S.No.313) to regulate the transportation of nitro glyceripe or glynoin oil, and other substances therein named; An act (S.No.317) to amend an act entitled “An act to amend an act entitled ‘An act to aid in the construction of a railroad and tele graph liue from the Missouri riverto the Pacific ocean, and to secure to the Government the use of the same for postal, military and other purposes, approved July 1, 1862, approved July 2, 1804; An act (H.R.No. 18) for the relief of the members of the 37th regiment ofIowa volunteer infantry; A JtResolution R. No. 158) providing for the settlement of accounts of W. H. Hamrick; A JtResolution (H.R.No. 123) for the relief of Elizabeth Woodward and George Chorpenning, of Pennsylvania; A resolution (S.R.No. 110) to authorize the hiring of a building or buildings for the temporary accommodation of the Dept of State; and A JtResolution (S.R.No. 113) for the construction of a railroad bridge across the Cuyahoga river over and upon the Government piers at Cleveland, Ohio. CLOSE OF DEBATE.
Mr. MORRILL. I move that when the House resumes the consideration of the special order, the tariff bill, all debate on the pending section shall be terminated in 6 minutes. The motion was agreed to.
Mr. WARD. I move that the House do now adjourn.
Mr. MORRILL. I hope the gentleman will let us reach the next section of the tariff bill and then I shall be willing to adjourn.
Mr. WARD. I withdraw my motion. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the iules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, and for other purposes, the pending question being upon Mr. Guisxnim’s amendment.
Mr. MORRILL. I deem it only fair that we should allow the duty to remain upon shoddy at as high a rate and no lower than reported. Thisds a matter which has been long discussed between the parties interested; and this auieudment, as I understand it, was agreed upon by the convention of wool owers. I trust the bill will be al10wed to stan as it is.
Mr. BINGHAM. I desire to inquire of the honorable Gentfrom Vermont whether the whole of the provision of this 1st section touching wool and shoddy was a part of the agreement between the convention of wool growers and the manufacturers.
Mr. GRINNELL. Iwill ask the Gentfrom Massachusetts [Mr. Dawns] if this bill does not afford additional protection to the species of cloth in which this flocks enters.
Mr. DAWES. I will ask the Gentfrom Iowa, [Mr. GRINNELL] what is the reason he desires to discriminate against flocks and in favor of shoddy after the speech he has made?
Mr. GRINNELL. I do not. But I would like to have the gentleman answer my question.
The CHAIRMAN. Debate upon this section is closed by order of the House. The question recurred upon the amendment of Mr. BINNELL, as modi ed, to strike out the word “ 12 ” and insert the word “ 20, ” at the close of the 1st section; so that the clause will read: And on woolca r, shoddy. mnngo.wa.sto(aind flocks, the duty shall c 20 centsper poun.
Mr. DAWES. I move to amend the last clause of this 1st section by striking out the word “ flocks, " and also to add to the section the words, “on flocks the duty shall be 6 cents perpound.” That is double what it is now under the law; and really, in view of the difference between flocks and shoddy, I‘trust the House will discriminate in favor of flocks.
Skip Skip The question was taken; and upon a division there were ayes 82, noes 39; no quorum voting. Tellers were ordered; and Messrs. Dawns and Monmm. were appointed. The House again divided; and the tellers reported ayes 40. noes not counted. So the amendment was not agreed to. The Clerk began the reading of the 2nd section, when Mr. MORRILL said: Agreeably to mypromise I now move that the committee rise. The motion was agreed to; and the Speaker havin resumed the chair, Mr. SCOFIELD reports that the ComWhole on the state of the Union, according to order, had had under consideration the bill of the House (No. 718) to provide increased reve nue from imports, and for other purposes, and had come to no resolution thereon. HOUR OF MEETING.
Mr. PRICE. I ask leave to submit the following resolution for consideration at this time: Resolved, That this House will, until otherwise Ordered.commenceits SESSlOI‘lSnt 11 o'clock‘a. m. beginning With tomorrow. Friday. the 29th in stant. TheSPEAKER. Itre uiresunanimouscou sent to consider this resolution at this time.
Mr. RANDALL, of Pennsylvania. Iobject. And then, on motion of Mr. BINGHAM (at 5 o’clock and 20 minutes p. m.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions.&c. werepresentedunder thBeyrule and referredto the appropriate committees: Mr. BENJAMI The petition of Albert S. PieBryce. of Kirksville, Missouri, for relief. Mr. COBB: Amemorial of C. Washburne. of Wisconsip, in re the proposedbridging of the missisBsyippIi rr.ivDeOrDaGt EW: inTohnea.pet ition of a large number of commercialbrokers, praying for a reduction of the tax on sales. By Mr. HUBBARD, of NewYork: 2 several Kellllfllls of 39 citizens of the county of Cheuango, cwY0ik, pm 'in: for n repeal of the tax of ten cent. imposed ya recent act upon any bank that shall pay out the notesof an Statebank or bankson all they shall pay out on an afterthe 1stdayofJuly neBxyt.Mr. MILLER: 2 petitions from citizens of Pennsylvania. llBlflllf the mud to beso amendedas to protectlabor ke. Mr. McKEE: The petition of Cheuautt d: (10., of. exmgton. hentucky. praying an act for their benefit.to enablethem to secure pnmentfor pork usBeydby the Federal Army in Kentuc v.Mr. MYERS The petition of Mrs. Eliza H. Barnwoll, of Philadcl bin. for permissionto redeem a storeand wharf in eaufort.SCarolina, sold without her knowledgefor taxes and bought by the U.S. by the payment of said taxes and on ycases. Mr. WILSON, of Pennsylvania: The petition of 1, 30ClllZ(‘ ll!of the city of “ illiamsplort, Pennsyl vania. praying for an amendment of the tariff so as to protectlabor to the extent of the difference of the costof capital and labor hero and abroad.with the addition of the tiixcs paid by American industrial products from which the foreign are free. By Mr. WILLIAMS: The petition of 60working men “Armstrong count, Pennsylvania, praying for protection to labor to t o extent of the differeuce etwecn the valuo of foreign and domestic capital laenvdmldabuopro, nwAitmh etrhiceaandidnidtuiosntroiafl tphre odinuteetrsn.al duties
@@@IN SENATE SENATE. FRIDAY, June 29, 1866. Prayer by Rev. A. D. GILLETTE, D. D., of Washington. On motion of Mr. WILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. The PRESIDENT ro tempore pregnted resolutions of the Legislature of Connecticut, in favor of the passage of an act whereby the comparative merits of each site offered for a navy yard and naval depot for iron clads may be ascertained, with a view to the adoption of that one by which the public interest will he best promoted; which was ordered to lie on the table and be printed. Mr. CHANDL It presented a petition of citizens of Washington, NCarolina, praying that a light may be placed on the obstruction in the Lease river nown as the' “ Block ade;” the petitioners alleging that the obstructions are so constructed as not to be visible above low water mark, and that a light should be placed there for the protection of vessels entering and departing from that port; 'Which was referred to the ComCommerce. Mr. SUMNER presented resolutions of the Legislature of Massachusetts, in favor of an appropriation by Congress to aid in the construction of a railroad from Orleans to Provincetown; which were referred to the ComMilAffrs , and ordered to be printed. Mr. POMEROY. I have a memorial from the board of common council of the city of Leavenworth, in the State of Kansas, with some accompanying papers, relating to a bill that passed the HoRep approriating a portion of the military reserve at LortLeavenworth for a park for the city of Leavenworth. The ComMilAffr yesterday reported adversel on that bill, without the proof and papers which are now in my possession and which have been received by mail since the report was made. I now move that the bill reported by the committee yesterday, R. No. 447,) to authorize the Secretary 0 War to sell a portion of the Fort Leavenworth military reservation to the city of Leavenworth, in the State of Kansas, for a public park, be recommitted to the ComMilAffrs, and that the memorial and papers I now present take the same reference. The motion was agreed to. GEORGE W. BUSH.
Mr. VANWINKLE. At the request of the chairman of the ComPensions, who is absent today, I move that House bill No. 705, for the relief of Geor e W. Bush, which was yesterday reported on adversely, be recommitted to the ComPensions. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. KIRKWOOD, from the ComPubLands, to whom was referred a bill (H.R.No. 491) to remove the office of surveyor general of the States of Iowa and Wisconsin to Plattsmonth, Nebraska, reported it without amendment.
Mr. HARRIS, from the ComPrivLandClms, to whom was referred the petition of Ethan Ra Clark and Samuel Ward Clark, praying that their titleto a tract of land in Florida may be confirmed, reported a bill (S.No.402) to confirm the title of Ethan Ray Clark and Samuel Ward Clark to certain lands in the State of Florida, claimed under a grant from the S anish Government; which was read and passe to a 2nd reading.
Mr. CLARK, from the ComClaims, to whom was referred a bill (S.No.385) for the relief of Thomas W. Stevens, reported it without amendment. BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.399) relative to collection districts in NCarolina; which was read twice by its title and referred to the ComCommerce. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.400) to fix the compensation of certain collectors of customs, no for other purposes; which was read twice by its title and referred to the ComCommerce.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.401 to increase and fix the military peace estalishment of the U.S.; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed.
Mr. BROW asked, and by unanimous con: 1 sent obtained, leave to introduce a bill (S.No.403) to place the name of Sarah Bacon on the pension list; which wasffead twice by its title and referred to the ComPensions.
Mr. WILSON. I am very anxious to get through 2 or 3 bills that it is important to pass at once. I move to take up the JtResolution (H.R.No. 163) for the relief of Joseph Parkins. The motion was agreed to; and the JtResolution was considered as in ComWhole. It is an instruction to the proper accounting officer of the War Dept to pay to Joseph Perkins, who has been and now is delivering the stone for the co truction of the arsenal at RockIsland, in the State of Illinois, in lieu of the contract price, the sum of $13 50 perperch for all stone delivered and to be delivered for the construction of the arsenal. Parkins is to receive and accept this sum as full satisfaction of all claims under the contract, and is never to make any further claim for any services rendered by him thereunder. The JtResolution was reported to the senate, ordered to a 3rd reading, read the 3rd time, and passed. EXTRA PAY to VOLUNTEER OFFICERS.
Mr. WILSON. I now move to take up House bill No. 456., e The motion was agreed to; and the bill (H.R.No. 4'56) to extend the benefits of section 4 of an act making appropriations for the support of the Army for the year ending June 80, 1866, approved March 3, 1865, was considered as in ComWhole. It directs that section 4 of an act. entitled “An act making appropriations for the support of the Army fort e year ending June 30, 1866, " be so construed as to entitle to the 3 months‘ pay proper, provided for therein, all officers of volunteers below the rank of brigadier general who were in the service on the 3d day of March, 1865, and whose resignations were presented and accepted, or who were mustered out.at their 'own request, or'otherwise honorably discharged from service after that date. The ComMilAffrs reported the bill with an amendment to strike out the words “that date” at the end of the bill and to insert “the 9th day of April, 1865.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read a 3rd time. The bil was read the 3rd time and passed. LEASING OF SALINE LANDS.
Mr. HARRIS. I move that the Senate ro ceed to the consideration of Senate bill To. 851. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill F. No. 351) to authorize the SecyInterior to lease such of the public lands of the U.S. as are known as saline lands or lands containing mineral springs, and to provide for the preservation and development of the same. Authorityis given by the bill to the SecyInterior to lease to responsible parties such saline lands or lands containing mineral springs as in his judgment may be leased with advantage to the Government and the public; but no such lease is to be for a longer period than 25 years, subject to readjustment every 5 years by disinterested referees, nor at any rate of rental less than the revenue assessed from time to time on manufactured salt or income tax upon minerals rings by not of Congress. The SecyInterior is to prescribe all necessary rules and regulations for the preserving, and developing of these salinleealsainng, s and mineral 5 rings, and for the securing and collection of the rental revenues due the government therefrom; but such rules and regulations maybe subjectto revision by Congress. The ComPubLands reported the bill with an amendment in section one, line 5, after the word “springs” to insert l “situated east of the 102nd l meridian pflongitude.”
Mr. GRIMES. I should like to inquire of the Senfrom NewYork what objection there is to having these saline lands sold.
Mr. HARRIS. I cannot answer that question. This bill is furnished to the committee 1 by the SecyInterior. He informs us that he can save something to the Governlment by the lease of these springs, without ang‘disadvantage to anybody.
Mr. GRIMES. I suppose members of the l Senate and I desire simply to call their atl tention to that fact areaware that by the l passage of this bill we are to inaugurate a new l 1, system in this country, and that is, the leasing of the public lands for manufacturing pnr oses. The result will be that these salt lands will never be half developed under such a system as this. We shall have agents scattered all over the conntr, appointed by the central power here at ashington, who will have the control of these salt springs, and I cannot apprehend that any advantage at all will result to the Government. The right way is to sell these lands, let them be owned by citizens of the country and let them develop them. This bill introduces a new practice, and I think it should receive more consideration than I fear it is like] to receive at this time.
Mr. HARRIS. I will consent that this bill lie over until I can inform myself more in regard to it. I move that it be postponed for the present. The motion was agreed to. RICHARD W. MEADE.
Mr. WILLIAMS. I move that the Senate proceed to the consideration of JtResolution 0. 3!). The motion was agreed to; and the JtResolution (S.R.No. 39) to refer the claim of the administrator of Richard W. Meade, deceased, to the Court. of Claims, was considered as in ComWhole. The preamble recites that doubts are entertained whether the claim of the estate of Richard W. Meade, deceased, upon the Government of the U.S. is covered and embraced by the 9th section of the act of 8d March, 1868, entitled “An act to amend an act to establish a court for the investigation of claims against the U.S., ” approved February 24, 1855. which case was referred to the court by resolution of the Senate, passed 27th Febru ary, 1861. In order to remove all doubts on that subject, the resolution directs the claim of Richard W. Meade, administrator of Richard W. Meade, deceased, be referred to the Court of Claims for adjudication pursuant to authority conferred upon that court by any exrsting law to examine and decide claims against the U.S. referred to it by Congress. The JtResolution was reported to the senate withoutamendment, ordered to been ro ssed for:4. 3rd reading, was read the thir time, and passed. WASHINGTON GLASS COMPANY.
Mr. RIDDLE. I move thatthe Senate ro ceed to the consideration of Senatebill $10. 227, which was reported unammously by the ComDistCol. It is a short bill, and will occupy no time and give rise to no debate. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.227) to incorporate the Washington Glass Company. It pro.oses to constitute William S. deAeng, Robertl ose, and John L. Kidwell, their associates, success ors, assigns, and such other persons as shall become shareholders, a body politic and corporate in deed and in law, by the name, style, and title of the Washington Glass Company, to be located in the DistCol, for the manufacture of glass and porcelain in all their varieties, with acapital stock of $100,000, with power to increase the same to any sum not exceeding $500,000. The ComDistCol reported the bill, with an amendmentin section one, line ten, after the words “capital stock of $100,000” to insert “ 20%. of which shall be subscribed and paid in before said company 'shall proceed in its operations.” The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. a 3rd reading, was read the 3rd time, and passed. ASBURY CHAPEL.
Mr. WILLEY. bill No. 361. The motion was agreed to j and the Senate, as in ComWhole, proceeded to consider the bill (S.No.361) to authorize W. I move to take up Senate J. Sibley, and others, to sell and convey lot number 9, in square number 76, in the city of Washington. The preamble recites that lot number 9, in square number 76, in the city of Washington, was 1 The bill was orderengross for conveyed byJ. H. McBlair to W. J. Sibley, and others, in trust, to erect thereon a place of worship for the use of the people of color, members of the Methodist piscopal church in the U.S.; that the trustees have not had the means of erecting such church, and the purpose has been abandoned, and another church, called the Asbury chapel, has been erected in or near the neighborhood of the lot, which the trustees desire to sell and apply the proceeds to the benefit of the congregation wor shiing in Asbury chapel, apurpose which J. H. Mc lair, as far as he had any interest therein, has approved by his subsequent deed made to the trustees. The bill therefore authorizes W. J'. Sibley, and others, trustees of the lot mentioned, or the survivors of them, to sell and convey it for such price as they shall think proper, or to confirm and carry out any contract for sale already made by them with any person, and to convey the same accordingly, reed and discharged of the trust upon which it was originally conveyed to them, and to apply the proceeds of sale to the benefit of the conregation worshipin in the Asbury chapel, ast e proper and legs. authority thereof may deem expedient, and for no other purpose whatever. The ComDistCol reported the bill with 2 amendments. The 1st amendment was in line 3 of the re amble, after the name of “ W. J. Sibley, to strike out the words “and others” and to insert “Ito. Riclretts, R. W. Bates, R. L. Sanders, Benjamin McCoy, and G. Spoarder.”
Skip Skip The amendment was agreed to. The next amendment was in line 3 of the bill, after the name of “ W. J. Sibley, ” to strike out the words “ and others" and to insert “ RO. Iticketts, R. W. Bates, R. L. Sanders, Benjamin McCoy, and G. Spoarder.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amend ed, and the amendments were concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 19]) to amend an act making a grant of lands to the State of Minnesota to aid in the construction of the railroad from StPaul to Lake Superior, approved May 5, 1864 to the ComPublic Lands. A bill (H.R.No. 629) for the benefit of William G. Lee to the ComClaims. PREVENTION OF SMUGGLI NO.
The PRESIDENT ro tempore appointed Mr. CHANDLER, Mr. MPDRRILL, and Mr. conHESS as the committee of conference on the part of the Senate on the disagreeing votes of the 2 Houses on the amendments of the HoRep to the bill (S.No.222) further to prevent smuggling, and for other purposes. PUBLro LANDS iN NEVADA. The Senate proceeded to consider the amendments of the HoRep to the bill (S.No.215) concerning certain lands granted to the State of Nevada.
Mr. STEWART. The amendments to that bill are merely verbal. I ask that the Senate concur in them.
The Secretary read the amendments of the HoRep, which were in section 6, line 9, to strike out the word “under;” in the same section, in lines ten and 11, to strike out the words “ and sale;” in line 13, after the word “right, ” to insert “in tracts of land not less than 40 acres;” in line 14, after the word “ same, ” to insert “in tracts not exceeding 320 a“cres each;” and in line 15, after the word occupants, ” toinscrt “ and provided further, that city and town.roperty shall not be subject to selection under this act.” The amendments were concurred in. TERRITORIAL GOVERNMENTS.
Skip Skip The amendment was agreed to. The cominitte'ie also proposed to strike out the 8th section of the bill in the following wor 5: 5120.8.Abife: That the Legislative Assembliesof the Territories aforesaid shall hereafter have no poweror authority to grant divorces but divorces may be granted by the courtsof the U.S. of said Territories for such cause as to them good and sufficient: Provided. That both parties shall residein the Territory where the application for divorce is made: And provided further, That public notice shall be given by advertisement in at leasttwo newspapers published in said Territory. stating the court e ore which the application will be heard, and the causes for which the divorce is demanded.
Mr. BUCKALEW. I move to strike out the section in regard to the regulation of suffrage. I think it is the 9th section. I ask for its reading.
The Secretary read section [nine] 3, proposed to be stricken out.
The PR SIDENT protempore. The pending question is on the motion of the Senfrom Iowa [Mia GRIMES] to recommit the bill to the ComCommerce; and upon that question the Chair is advised that the Senfrom Pennsylvania [Mr. Cowax] is entitled to the floor.
Mr. COWAN. I merely rose yesterday to at some interro stories.
The PRESID “NT protempore. The question is on the motion of the Senfrom own. The motion was not agreed to.
Mr. HOWE. Let the Clerk proceed with the reading of the bill.
The PRESIDENT protempore. The reading of the bill will be commenced at the point where it was interrupted yesterday.
The Secretary read the bill. The 1st amendment reported by the ComCommerce was in section two, line 3, after the word “engineers” to strike out the word “ to” and insert “a pointed by the company to be organized as hereinafter providgd, who shall 5” so as to make the section rea: That the President shall appoint a topographical engineer, to be associatedwith 2 civil engineers appointed by the companyto be organizedas here matter provided, who shall make such preliminary examinationsand surveys, &c.
Skip Skip The amendment was agreed to. The next amendment was in line 2 of section 3 to strike out the word “secure” and insert “aid in securing;” and in the same section, line 3, to strike out the words “to acquire” and insert “and in acquiring;” so as to read: That it shall be the duty of the POTUSto aid in securing the right of way for such canal and in acquiring the title tosuchlands, die.
Skip Skip The amendment was agreed to. The next amendment was in line 9 of section 3 to strike out the words “President by, ” andafter “agents, ” inthesameline, to insert “ of said company;” so as to read: Then the engineersand agents of said company may, at any time thereafter, enter upon and take possession of said lands. &c.
Skip Skip The amendment was agreed to. The next amendment was in line 12 of section 3 to strike out the words “the U.S.” and insert “said company;” so as to read: Appropriate the same to the use of said company for the purpose of the construction of said canal.
Skip Skip The amendment was agreed to. The next amendment was in section 3, line 20, after the word “paid” to strike out the words "by the U.S.”
Skip Skip The amendment was agreed to. i, The next amendment was in section four, after the words “notice of, ”in line two, to insert “not less than;” so as to read: Speh application shall be madeon the service of potiee of not lessthan 20 days to the parties in interest.
Skip Skip The amendment was agreed to. The next amendment was after the word “and, ” in line 4 of section 4 to strike out the words “ in case ersoual service thereof cannot be made upon the parties, such service may be made by the publication of such notice in the State paper of the State of NewYork and in apublic newspaper printed in the county of Niagara aforesai, fbr our weeks prior to the day on which such hearing is to be had, by petition describing, ” and in lieu thereof to insert “ifit shall be made to appearto said court or the judge thereof that personal service of such notice cannot be made for any cause, such service may be made by publishing the same in such newspaper and for such a length of time as the court or judge may direct, which notice and the petition on which it is issued shall in all cases describe.”
Skip Skip The amendment was agreed to. The next amendment was in section 7, l“ines 2 and 3, to strike out the words commissioners shall have made a satisfactory report the court shall make an order confirming the same, and, ” and to insert “re ort of such commissioners shall be confirme, or in case ofappeal therefrom final Judgment thereon shall have been rendered, the court;” in has s“even. aftei; the word “ confirmation, ” to insert or final judgment;" and at the end of the section to strike out the words “ the U.S.” and to insert “said company;" so that the section Wlii rehd: Sac. 7. Abife: That wheneverthe report of such commissioners shall be confirmed, or in casoofappealthorefromjnaliudmentthereonshall have been rendered the court shn ldirccta summary of the petition and the report, with theorderot confirmation, or final judgment, to be enteredot recoi d iSntatthee, clerk’s officeof the county ofhiaaara. in said in the bookof miscellaneousrecords. And said commissioners shall be entitled to 8 dollars each fpoerntsheesir, services, togetherwith their traveling exfor every day they no actually engaged in the performance of the ir duties.which shall be added to the amount agreedupon in their report, and paid as a part of said claims. And upon the paymentof the compensation specified in said report for such right of way and any such li indto the owner or owners thereof, or upondepositingthe sumin such bank or other institution as the conrtshall designate for that purpose, the title to such right of way and lands shall passto and be vestedin said company.
Skip Skip The amendment was agreed to. The next amendment was in section 8 line two, after the word “ canal, ” to strike out the following words: For military and commercinlpurposes, and to provide for the commondefenseand general welfare of the Statesborderingon the northern frontier and to regulatecommerceamongthe severalStates.aswell as to relieve the Treasury.” far as may be practica ble. from a large expenditure of money, by availing itself of private enterprise.
Skip Skip The amendment was agreed to. The next amendment was in section 8, line 40, after the word “ appropriated, to strike out the words “by the U.S.”
Skip Skip The amendment was agreed to. The next amendment was in section 8, line 40, after the word “provided, ” to strike out the following words: The title to and fcc inwhich land shall he and remain in the U.S., as aguorauteo that the edaunrianlgto be constructed thereon shall at all times. the season of navigation. be kept in repair and open to the free useof the U.S.for military andnaval purposes;but the corporationhereby created and its successors shall always and at all times and in perpetuity. have.held and enjoy the right and be allowed and permitted, without lct or hinderanceof an kind. to enter upon. use.occupy and enjoy the sai land and every part thereof.free of rent or any chargewhatever, for the purposesand objectsherein expressed.
Mr. HOWE. There is a change of phrase ology that I wish to make in the clause imme diatel followin the one just stricken out. It is in fine 53 of section 8 to strike out after the word “upon” the words “ pass to, ” and after the word “and” to insert the word “may;" so that it will read: And all therights. powers and privileges created hereby shall be and the same herebyare.conferred upon, and may he used and enjoyed by. said company upon the termsand conditions following. ke.
The PRESIDENT protemporc. That alteration will be made if there be no objection. The next amendment of the committee was in section 8, line 76, after the w“ord “ a pointed, ” to strike out the words by the lgresident.”
Mr. KIRK WOOD. I should like to have the Senator having the bill in charge refer to the part of the bill in which the appointment of these engineers is provided for. This amendment proposes to strike out their appointment by the President. In looking Over the bill I do not see how else the engineers who are to examine this work are provided for.
Mr. HOWE. It is in the 2nd section of the bill.
Mr. KIRKWOOD. The provision on which we are now acting is this: it speaks of the construction of the canal as it progresses, that it shall be of “ permanent and substantial mate rial and in good workmanlike manner, subject, as the work ‘progresses, to the examination, direction, an approval of the engineers to be apfipointed by the President as is herein specified." Now, the words “by the President.” being stricken out, the engineers will then be, under the 2nd section, the engineers and agents of the company.
Mr. KIRKWOOD. If this amendment be made, as I understand it, the Government really has no supervision over the work as it proresses, to know whether it is done in a wor manlike manner or not.
Mr. HOWE. It will have the supervision of one engineer appointed by the President, and directors.
Mr. KIRKWOOD. That is no control at all.
Mr. HOWE. Certainly not. The Government do not propose to control the company. If the Government was going to build the work itselfit would not employ a company.
Mr. KIRKWOOD. I understand that; but is the Government to have no controlling power as to the manner in which the work shall go on; to see whether it is according to the law or not, as set down here?
Mr. HOWE. It has whatever protection the supervision of that engineer and its 3 dircct ors can give.
Mr. KIRKWOOD. Otherwise itwill be left wholly with the company ‘?
Mr. GRIMES. All the duty of the Govern ment is to furnish the money.
Mr. KIRKWOOD. I understand that in building the Pacific railroad there is no money allowe to be paid to the company until a commission appointed by the President shall go on and view the work and ccrtif that it has been built according to the law. iow, by this amendment, if it prevails, we have no such safeguards in regard to this work; but the cer tification of an engineer of the company alone is all thatis required before we are called upon to pay the money under this bill.
Mr. HOWE. The security of the Government is provided for in another clause of the bill. It is not affected b this clause at all. When we come to that the Senator will see whether it is adequate or not. If it is not adequate that will lie the place to make it adequate. This, however, has nothing to do with that question.
Mr. KITiKWOOD. This amendment can be adopted now, and we can have a separate vote on it hereafter if necessary.
Skip Skip The amendment was agreed to. The next amendment of the ComCommerce was in section 8, line 83, after the word “thereof” to strike out the following words: And when thus completed the said canal and Ni apguabrliac rhivigehrwsahya.lcl obneneactminilgitary. naval. postal and Lakes Erie and Ontario and shall beestablishedas such to the U.S and the peoplethereof forever and no obstructions shall he placed therein which shall impedeor interfere with the uninterrupted navigation thereof.
Skip Skip The amendment was agreed to. The next amendment was in section 8, line 125, to strike out the words "or no lect” before the word “to, ” a“nd after the wor “to” to strike out the WQrd perform” and insert the words “comply with;” and in line 120 eight, after the word “declare, ” to strike out the words “the said contract void, and;” and after the word “rights" in the same line to strike out the wor s “thereunder and" and insert the words “of said company, ” so that the clause will read:. 8. In caseof any failure on the part of said company to commencesaidwork or to complete the canal within the period herein specified or to keep the same in goodrepair and condition or of a neglectto perform an and all of the conditions hereinbefore stated.the residentof the U.S shall notify the president of such couipany thereof in writing specifying wherein said company isin default: an Upon receipt ofsuch notice. it the said companyshall fail to comply with the terms and conditions of this nct set fort and specifiedin said notice.for thospaco ofsix monthsafter the service thereof.thePresident ‘naidy‘cpilarcall rightsof said companyunder this law or ei e.
Skip Skip The amendment was agreed to. The next amendment was in section 8, line 130, after the word “and” to strike out the following words: May terminate said contract and at onceproceed to relet said canal and makeand enter into a new contract for the construction and o oration of said canal With any other companywhic may be incor lsmrated for such purpose underth o l:I of the U.S., upon the terms and conditions abovehtated. And to insert in lieu thereof: May takdsuch proceedings ashe may deem advisable to terminatethe possession ofsaid company.
Skip Skip The amendment was agreed to. The next amendment was in section 9, line 7, to strike out the word “100” and insert “1,000, ” so that the clause will read: And shall be divided into shares of $100each and which shall be subscribedfor and held in not lessthan oneshareor morethan 2,000shares by anyoneperson.
Mr. HOWE. I move to amend that amendment in the 43rd line by striking out the words, “the requisite number of” before the word “shares, ” and inserting “ 20,000.” The amendment to The amendment was agreed to. The amendment, as amended, was adopted. The next amendment was in section cleveii, line 16, to strike out the word “States” and to insert “of the cities;” in line 18 to insert the word “and” before “Oswego, ” and after “ Oswego” to strike out the words “and NewYork, ” and in line 19, after “NewYork, ” to strike out “and in the city of Chicago;" so that the clause Wlll read: The annual nietings of the stockholders shall be held at such time. between the 1st Wednesdayof May and the 1st WednesdayofJuncin eachsucceeding year and at such placein the mtypf Niagara. State of NewYork.as shall be f time to time fixed by the directors for the purpose; and in all casesat leastfour weeks’noticopfthe time andplace of meetingshall be published in pno newspaper in each of the cities in which subscription books have been opened and in the counties of Niagara and Oswczo in the State of NewYork. in the manner in which the notice for openingthe books for subscription is requiredtobe published by the precedingsection of this act.
Skip Skip The amendment was agreed to. The next amendment was to strike out the 16th section of the bill in the following words: Sac. 16.Abife: That whenever 500.000of the capital stock of the said corporation shall have been subscribed for and the su scribers shall havepaid 10%.uponthestocksubscribed for by themrespectively.the said corporation shall be deemedto be duly organized.
Skip Skip The amendment was agreed to. The next amendment was in section 17, lines 7 and 8, to strike out “such lands" and insert “the same.”
The PRESIDENT protempore. That correction will be made, no objection being interposed. The next amendment was in section 8 een, after the word “ company, ” in line 4, to strike out “ at any rate of interest, not exceeding 10%. perannum, as may be agreed upon ctween the parties.”
Skip Skip The amendment was agreed to. The next amendment was in the same section. after the word “ dollars" to insert “ pay able in 20 years from date, with interest thereon at 7%., to be paid semi annually. upon coupons attached;” so that the section Wlll read: That thesaid corporation i hereby authorized to borrow moneyon time. not to exceed in the aggre gate 2.000.00o0n. the credit of the company, for the purpose of building and constructingsaid s ip cannl s nd the works connected therewith and may issue its corporate bonds therefor in denominations not less than $50op.ayablein 20 years fromd ate.wit b ianntneureaslltyt.huepreoonnat 7%. to be paid semi couponsattgmhed and to secure the payment thereof.With the interest that may accrue hereon.maymortgage‘tscorporate propert.effects and franchise or conveythe same for said purposes.
Skip Skip The amendment was agreed to. The next amendment was in the some section, in line 18, after the word “ prices" to insert “ not less than par, ” andafter " com.pany, " in line 19, to strike out “and if such bonds or stocks are sold at a discount, such sale shall be as valid and binding in every respect as if sold at par value;” so as to read: And said company may by its president or other olfiqersor agents.pnder the direction of the board of directors.se ll.disposeof or negotiate such bonds or stocksof said company.at sueh timesand places and at such rates and for‘such prices, not less than par. as.in their opinion. will best answer the interest of the company.
Skip Skip The amendment was agreed to. The next amendment was in section 19, line 4, to strike out the word “impose” and to insert “provide, ” in line 5, after “such.” to strike out “forfeitures of money and penalties” and insert “fines.”
Skip Skip The amendment was agreed to. The next amendment was in section 19, line 12, after “as, ” to strike out “due” and insert “primafacie;” and in line 13, after “regulations, ” to strike out “and forfeitures;” so as to read: And a copy thereof.certified b said clerk under his hand and sealof his offiec shall bereceivedin all courts of li w as print“ friq'c proof that such rules and regulations were established bysaid company.
Skip Skip The amendment was agreed to. The next amendment was in line 17 of the same section to insert “ defendant.” after “parties.”
Skip Skip The amendment was agreed to. The next amendment was at the end of section 19 to insert: Abife: That i iomoneyshallbe loaned to said corporation by the U.S.nor borrowed hy it from an vother source until the full sum subscribed to its capital stock shall have been collected and in good faith expendedupon the construction of said work, which expenditure shall be duly veri sfiatjidd, bayntdheoathsof the president and engineersafore thereafter such loanshall be advancedonly upon the terms and conditions in this section prescribed: And provided urther.That all interest accrued on any and to e issuedto said corporation by thoU.S.under the provisions 0 prior this act to the date of its delivery shall be duly cancelled prior to its delivery.
Mr. HOWE. That amendment is printed in the wrong place. It is designed as a proviso to section 21. y doe of trust
The PRESIDENT protempore. That change will be made, and the proviso will be put in at the place indicated by the Senfrom Wisconsin.
Mr. HOWE. I suppose it will be proper to consider it when we come to section 21.
The PRESIDENT pro(ampere. It can be considered at the present time.
Mr. TRUMBU L. I think we had better consider this proviso when we reach section 21, for it seems to me to be inconsistent With that section.
The Secretary read the next amendment of the committee, which was in section 20, line two, after the word “dollars.” to insert “or so much thereof as said company may desire to borrow.”
Skip Skip The amendment was agreed to. The next amendment was to insert at the end of section 21 the followmg proviso: And provided further. That no money shall he loaned to said corporation by the U.S.nor borrowed b it from any other source until the full sumsubscri ed to its capital. stock shall have been collectedand in good faith expended uponthe construction of said work.wliich expenditure shall be duly verified b the oathsof the presidentand enig neers aforesai and thereafter such loan shall 0 advancedonly upon the terms and conditions in this section prescribed: And romdedfurther, That all interest accruedon any ond to be issued to said corporation by the U.S.underthe provisions of this act prior to the date of its delivery shall be duly canceledprior to its delivery.
Mr. HOWE. I wish to amend this amendment by inserting after the word “ sum, " in the 22nd line, the words “ of$2,000,000;” so as to read, “ until the full sum of $2,000,000 subscribed to its capital stock shall have been collected and in good faith expended.” The amendment to The amendment was agreed to.
Mr. HOWE. I will state to the Senator the idea of the committee, and he will see whether we have carried it out or not. Our purpose was’to insure the expenditure of at least 2 millions of the money of the company before any money was advanced by the U.S., and we had this section 21 to amend so as to effect that object, and we agreed to this proviso, supposing it would do it. The section 21 provides that as often as $300,000 are spent by the company, $200,000 shallbe loaned b the U.S.; but the EPOVISO requires that the‘Government shall not egiii to loan at all until the company have spent $2,000,000, and then as often as they spend 5300.000 we loan $200,000.
Mr. TRUMBULL. The section provides that when the 1st $300,0001s expendd by the company, the Government shall loan $200,000. It seems to me that to carry out the purpose stated, the language of the 1st part of the section ought to be altered as to read, “that whenever said company shall have exended in and toward the construction of sai canal the sum of $2,000,000, and shall deliver to the SecyTreasury the certificate of the engineer aforesaid and the president of said company, duly verified by them on oath, stating that such sum last before named had been expended and paid, the SecyTreasury shall forthwith pay and deliver to the treasurer of said company, or to 'his order, $200,000 in the bonds aforesaid, ” and so on. Certainly the proviso is utterly inconsistent with the 1st provision of this section as it stands; but now it would carry out the object which I understand the committee have in view to insert “$2,000,000” in the 3rd line of the section.
Mr. HOWE. Ouridea was that the proviso covered and controlled the operation of the section; but I suggest that we pass over it for the present.
Mr. KIRKWOOD. I think the proviso had better be attached to section 20, and then the charkge made in the 21st section suggeste by the Senfrom Illinois.
Mr. HOWE. I propose to pass this amendment by for the present, and ask Senators to look into it. e want to effect the object which I have stated.
The PRESIDENT prolempore. By common consent the proposed amendment to the 21st section Will be passed over, and the next reported amendment will be read.
The Secretary read the next amendment, which was to strike out the 23rd section, in the following words:. SEC. Abife: That the tolls to be imposedupon vessels.rafts and property passing said canal may be altered and revisedoncein every 5 years after the completion of said canal by 5 commissioners.one to be appointedby the POTUS. one by eachof the Governors of the Statesof NewYork. Iassacbusetts and Illinois respectively and theremaining one by the canal company. And if the said company or any ten own enrostoiffyvessels navigating said canal shall at anytime said commissioners in writing of their dissatisfaction with the tolls agreed upon by them, the said commissioners shall unite with 3 additional commissioners.to be appointed by the Governorsof Maine, Wisconsin and Michigan. andsuchnewboard of commissioners shall again revise and determine the rates of tolls to be imposedand collectedupon vesselslake craft and propertypassingthroughsaid canal for the next 5 years thereafter: Provided That said ates of toll may at any time be revise and regain.ed by Congress.
Mr. KIRKWOOD. I should be glad to know why it is proposed to strike out that section. I think it is a good one.
Mr. HOWE. It is a pretty good section in one point of view, and may not be so good in another. If you want to secure the lowest possible rate of tolls on this canal when it shall be built, and that is the only object you aim at, probably this section had better be retained. It was the idea of the committee, however, that it would have a tendency to discourage the building of the canal, that it would have a tend ency to discourage capitalists from embark in their capital in it; that they would not be wi ling to put their capital (as this bill requires them to do to the amount of $2,000,000before the Government advances a cent) into a work the profits of which were to be regulated by the Governors of different States in the Union. And it was thought by the committee that it was not necessary to retain this section, because they argued that the competition of.other routes would of itself be probably sufficient to kee the tolls down toa fair rate; but if it should not prove sufficient to keep them down to a fair rate, the 1st consequence of an exorbi tant rate w0uld be that the Government would get its money back uicker, and the next consequence would be t iat the Government would see how advantageous it was to the public to own this canal. ahd therefore they would simply be invited by this high rate of tolls to come in and take it from the company. I ought to say in thi; connection that a general provision is proused here authorizing Congress to amend and after this act.
Mr. KIRKWOOD. I am afraid you could not do that in the matter of tolls.
Mr. HOWE. In section 27 it is proposed that congress may at any time alter, amend, or re en] this act.
Mr. TRUMBULL. 1 ask for a division on the amendment.
Skip Skip The question being put, there were, on a division ayes 11, noes 13; no dorum voting. Mr. SUMNER and Mr. HOWARD called for the yeas&nays, and they were ordered; and being taken, resulted yous 7, nays 29; 43. So the amendment was rejected.
The clerk read The next amendment reported by the ComCommerce was to insert the following as an additional section: See.21.Abife: That Congressmay at any time alter. amend or repeal this act. p The amendment was agreed to. The next amendment was to insert, as an additional section, the following: SEC.23.Abife: That this actshall not take eifect unless the Legislature of the state of gNievweXitosraksssehnatltlhweirtchtion.oneyear fromthe datchere of
Mr. HOWE. Before the vote is taken on that amendment I wish to move to amend it by striking out“ one year” and inserting “two era.”
The PRESIDENT protempore. That change will be made if there be no objection.
Mr. POMEROY. If they give their consent at all, they ought to give their consent before the work commences.
Mr. HOWE. Yes, sir; they will of course. It does not take effect until they do consent, and dees not take effect at all unless they give their consent within the time fixed.
Mr. POMEROY. Do you propose to legislate now and have nothing done for 2 years?
Mr. HOWE. This amendment proposes, if it is agreed to by the 2 Houses. that we shall do nothing until the State of NewYork assents. Whether the 2 Houses will agree to this amendment is a question to be considered.
Mr. POMEROY.'. If you want to defeat the measure you had better put in “any time within ten ears, ” so as to put it off.
Mr. HO VE. One of the members of the committee, I understand, who feels a deep interest in the question involved in this amendment is not aide to be in his seat today, and there are some circumstances which seem to me to make it improper that I should press the bill forward to a vote when he is absent; and I therefore ask that the further consideration of the bill may be ost oned.
Mr. SHERMA. ’ith leave of the Senfrom “Visconsin, I will move to take up another bill which I am ver anxious to get rid of and have disposed of to pay if possible the telegraph bill.
Mr. HOWE. Do I understand that the amendment which I proposed to, this section is adopted?
The PRESIDENT protempore. The words “one year” have been stricken out and the words “two years” inserted by common consent.
Mr. HOWE. I move to postpone the further consideration of this bill) and to make it the special order for to knorrow at one o’clock.
Mr. SHERMAN. 'The Senator alluded to may not be here tomorrow or on Monday; but by simply ostpoiiing the bill, it will be in the power of the Senfrom Wisconsin to call it u at any time.
Mr. OWE. I will modify my motion, and move that the bill be postponed until Monday at one o’clock and be made the special order for that hour. The motion was agreed to.
Mr. SHERMAN. I now move to take up the bill which I have already indicated. The motion was agreed to: and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.357) to aid in the construction of telegraph lines, and to secure to the Government the use of the same for ostal, military, and other purposes, the ening question being on the amendment of mr. GRIMES to strike out in line 3 of section one the words “the National” and insert “any;” and in lines 3, four, and 5 to strike out the words “a corporation organized under the laws of the State of NewYork, April 16, 1866, ” and insert“ now organized, or which may hereafter be organized under the laws of any State in this Union 5” so as to read: That any telegraph company now organized or which may hereafter be organized.under the laws of any State in this Union shall have the right to tchornosutgruhct.maintain, and operate lines of telegraph and over any portion of the public (l0lllllln of the U.S.over and along nny of the Military or post roadsof the U.S. which have been or may hereafter be. declared such by nctof Congress, and over. under or across the navigable streamsor watersof the U.S.
Mr. SHERMAN. I have submitted to the Senfrom Iowa another amendment which accomplishes the same ‘purpose preCisely, but is in different form, an I suggest to him the propriet of withdrawing his amendment and Fetting tie amendment which I have drawn be ado ted in lieu of section 4 of the bill. h
Mr. GRIMES. I am content, at the in stance of the Senfrom Ohio. although I do not like his amendment as well as my ori ginal proposition, to withdraw the amendment I moved the other day, and allow the amendment to be adopted which he has sent to the Chair.
The PRESIDENT protempore. The amendment of the Senfrom Iowa is withdrawn. The Senfrom Ohio now offers an amendment, which will be read.
The Secretary read the amendment of Mr. SHERMAN, which was to strike out the 4th section of the hill, and in lieu of it to insert the following: That any other telegraph companyorganized under the laws of the U.S or of any State. for the construction of telegraph lines in different States or Territories in the U.S.mag have and enjo such rights and privileges as are ‘ereby cooforr subject to the same restrictions conditrons and obligations as b this act are im osed on said Nationaffclegrnph Company: Proof ed That.such other company shall 1st file with the PostMGenl its resolution, regularly passedand certified under its corporate seal and the hand of its President. accepting such rights and privileges on the terms herein expressed.
Mr. CONNESS. I do not like this amendment. I think it is a very objectionable one. It makes this bill one to grant a special char ter, as originally preposed, to a particular company, and then makes it a general bill in that other companies may have like privileges there after, on certain terms.
Mr. SHERMAN. This bill does not charter any company at all.
Mr. CONNESS. I will correct my expression in that respect. The bill prooses to confer privileges upon a company 0 artered by the State of NewYork, but the privileges preposed to be conferred by the bill are special, although by this amendment other companies may hereafter avail themselves of like privileges on conditions named. I think it otter to relieve the bill from the complexion of being special in its character, and make it general at once.
Mr. SHERMAN. I really see no difference between the two, and I am, myself, indifferent as to which course is pursued; but the persons who are interested in this bill prefer that the bill should stand as it is, and then that the same general privileges should be conferred on any other company. If, however, Senators desire to have the bill stand in the form proposed by the Senfrom Iowa, I have no special objcction.
Mr. CONNESS. I think that is preferable, for this reason, if for no other: it will then be relieved of a general objection which the President. has communicated to us that he has against special legislation. I do not mean to say, by any means, that our legislation should be conformed to previously expressed opinions of the President; but when we can accomlish the same result in another manner, I thin we should avoid runnin counter to those expressed opinions, an I must say that in the main Ia co with him in those 0 inions.
Mr. SHERMAN. There is this difficulty that occurred to me and to those interested in the bill, that the other comaaies may come in and claim the benefits of) this bill without filing their formal acceptance of the bill so as to place themselvees guder the restrictions contained in it.
Mr. SHERMAN. That is precisely what my amendment does, and that is the only difference between the 2 propositions. My amendment requires the new companies who come in and seek to avail themselves of the provisions of this bill to accept the terms and conditions it imposes; that is, to allow the PostMGenl to fix the rates of conveying Government disatches, &C. If the Senfrom Iowa wili) modify his amendment in such a way as to embrace that idea, I shall have not the slightest objection to it.
Mr. CONNESS. I think that would he a great improvement.
Mr. GRIMES. That could be done in a separate section. I understand the objection that the Senfrom California raises to the amendment of the Senfrom Ohio is, that the Congress of the U.S., by the bill. indorses and stands sponsor for some tele graph company created by the laws of the ‘tate of NewYork. He prefers, and so do I, that Congress should authorize, without specifying any particular telegraph company, any company whether created by the laws of the State of NewYork orof Illinois, to build a tu egraph line wherever they choose to build one.
Mr. CONNESS. And under all the privileges we can extend to them.
Mr. GRIMES. Yes, sir; so far as we have any authority to bestow any privileges upon them. The rights they may derive under our legislation is a question for them to have settled by subsequent judicial decision. Whether I would require them to they have any rights under it or not is another question.
Mr. SHERMAN. As Senators seem to prefer that course I will withdraw my amendment and allow the amendment of the Senfrom Iowa to be acted upon, and I will endeavor to frame a section to meet the case.
The PRESIDENT rotempore. The amendment of the Senfrom Ohio is withdrawn.
Mr. NYE. I should like to hear the Secretary read the section as it will be if amended. he Secretary read it, as follows: That any telegraph company now organized or which may hereafter be organized under the laws of any State in this Union shall have the right to construct.maintain and operate lines of telegraph through and over any portion of the public domain of the U.S.8:0.
Mr. NYE. I would like to inquire of the honorable Senator who has the bill in charge what the particular object of this class of legislation is with regard to telegraphs. From reading the bill I am unable to determine.
Mr. SHERMAN. I think the bill on its face is very clear and definite on that point. The bill, as proposed to be amended by the Senfrom Iowa, will give to all telegraph companies organized under any State law the right to cross navigable rivers, to go wherever the U.S. has exclusive Jurisdiction, to cross over the public lands, and to build telegraph lines along the postal routes of the U.S. Now, there is not, as I said the other day and I have looked at the legis'lation since a single privilege conferred by this bill that has not been already conferred upon existing telegraph companies; and the purpose is to enable new companies that may be organized by any of the States or by the U.S. to enter into a fair competition with one existing monopol which now controls the tele graphing of the U.S. There is nothing more nor less in this bill. It may be doubted whether the privileges here grante will be sufficient to enable new companies to enter into cometition, but so far as the powers conferred byt is bill are concerned, tie are not new, and indeed the monopoly which now includes the Pacifiq‘ telegraph has a bounty from the U.S. of $40,000 a year besides.
Mr. NYE. I should like to inquire of the Senfrom Ohio when this company was organized in NewYork the National Tele graph Company, socalled.
Mr. SHERMAN. Now “the National Tele graph Company” is stricken out, and this bill appllics to all companieS.R.NYE I understand that the object is to help that company.
Mr. SHERMAN. That was undoubtedly the object of this bill, to aid that company.
Mr. NYE. When was that company formed ‘2
Mr. NYE. Mr. President, I think this kind of legislation is uncalled for; and I do not see what possible benefit it can be to existing or non-existing companies that may exist here after if it is passed. The whole system of tel egraphinghas grownu within my recollection; 1st there was a sing e wire on one line, then double wires; then other companies were authorized to carry on the same business, and all for the purpose of opening up the great good of competition, and, sir, what has been the result of it. all? There is not a telegraph company existing now on this continent that stands independent and alone by itself, unless it be some small work of mine r importance. The lines form one great combination from the At lantic to the Pacific coast, and it seems that the more of them that are created enlarge and swell the powers of this organization. Now, sir, I undertake to say that the real object of the formation of this National Tele graph Company in the State of NewYork was but to comcl the existing company to purchase their franchise and keep them out of this field of cometition.
Mr. ROVN. There is a provision in the bill the it shall not be sold.
Mr. NYE. I understand that there is a provision in the bill that it shall not be sold without the consent of Congress; and, my friendfrom Missouri will pardon me when I say that I think the consent to sell would be as easily obtained as the consent to create. Sir. what is true of the past will be true of the future, and the great consolidation of these telegraph companies has been formed now within a very few ays from the Atlantic to the Pacific. An independent company was (Started not long since for telegraphing to the Pacific ocean. When it. reached the boundaries of the State of Nevada it was sto d by an injunction by the old company. “glint is the result? A trial? No, but a purchase of the new company by the old; and you may create today as many franchises to telegraph to the Pacific as you choose, but there will be no more telegraphs built to the Pacific ocean, and why ‘2 Because the facilities now opened up are adequate and equal to all the necessities of that coast.
Mr. NYE. My friend says he does not believe it.
Mr. CONNESS. The position of mygood natured friendfrom Nevada, as I understand it, is this: in the 1st place, that the present company is a monopoly of such a character that we never can get any other line but it; that no matter how many we create by legislation, the existing monopoly will buy them out, and therefore it is useless to provide for creating any others, for this mammoth corporation will immediately include them; as my honorable friendfrom lllaSsachusetts would exress it, in another connection, the principle 0 inclusion will occur and be rendered practical. The next position of the Senfrom Nevada is, that the present monopoly furnishes facilities enough. understood him to say that distinctly. I submit that those propositions are inconsistent with each other. 1st, he declares that the existing monopoly is sutficient to destroy all other companies and imposes so many burdens on us that we can bear no more, but to induce the establishment of anotherline will only result in the monopoly buyingtup that other line, and we shall be taxed for that additionplpurchase money in the cost of dispatches.
Mr. SHERMAN. We haveprovided against that purchase.
Mr. CONNESS. I understand that not come to that part of the bill.
Mr. NYE. Will my honorable friend allow me to ask him where this telegraph is proposed to be built?
Mr. CONNESS. The Senator, I think, does not understand the scope of the amendment of the honorable Senfrom Iowa. If the amendment now pending be adopted, this bill, so far as we can authorize it, authorizes the formation of companies everywhere or any where, and confersall the powers and privileges that an act of Congress can confer, for earrym on the telegraph business. For that reason I am in favor o it; and I confess that I cannot understand the consistency of the honorable Senator’s argument.
Mr. NYE. My point is this: that every kiting charter like this one I speak of the National Telegraph Company as an illustration that has not a rod oftelegraph, that procures its charter for the mere purpose of selling it out, with no intention to build, increases the tax upon every one of us that has to use that tele raph, for this additional purchase is counted in as the cost of the line, and we have to support it with its additional cost. I hope the Senator will understand that. It is like adding freight to the purchase of goods. That is just what it is; it all constitutes the cost.
Mr. SHERMAN. I should like to read in this connection the names of some of the men who are engaged in this business, to show that they are not men of straw. I should like to show the character of the men who have been denounced by the Senfrom Nevada as undertaking this as a speculation. I have had a list furnished to me of the men who are en.ged in this enterprise. The 1st is Frederick ren tiss, who is estimated to be worth $4,000,000.
Mr. NYE. And he will be worth another million dollars by the sale of this telegraph.
Mr. SHERMAN. Then there is Mr. olla I have day, who is running the overland express across the continent. I have a list here of men from all the different States engaged in this business, who are going into it as a matter of fair and legitimate competition, showing that they are men of the very highest character, many of them the lending merchants of Boston, Philadelphia, and NewYork. I will state further that this bill contains an express revision that they shall not sell out their franc rise.
Mr. NYE. Unless with the consent of Con' ress. g
Mr. SHERMAN. They can do it by consent of Congress; but that is avoided entirely by the amendment of the Senfrom Iowa, which now makes the privilege general; so that if they do sell out any other company can step in and enter into this competition. The truth is, that it is a matter of absolute necessity to provide for some competition with the existing company.
Mr. Holladay, who is running this overland route, cannot build a telegraph wire along the line of his route without the assent of Congress, because it goes through 3 Territories and 2 States, and he is iable to be stopped at any moment by a rival company. He cannot cross a navigable stream. All these new companies have arrayed against them, not only the present powerful corporation with a'capital of $50,000,000, but they have arrayed against them the grants made by repeated acts of Congress to this company; because this company now repreents not only $50,000,000 of capital, but all the powers that have been given since the organization of telegraphing to the various companies that are now combined in one.
Mr. HOWARD. Will the Senator allow me to inquire what grants have been made by congress to telegraph companies?
Mr. SHERMAN. I iavealist of the m here. There is quite a number of them. From 1846 up to this time there have been several acts of Con' ress granting powers to different tele gra in companies, ul of which are now ab sor ed in this one company.
Mr. HOWARD. Yes, sir; granting powers undoubtedly; but where is the statute granting them public lands?
Mr. SHERMAN. I have it before me; it is familiar to every Senator here. We gave to one of them $40,000 a year for ten years, and we gave them a quarter section of land for every station; and this one company now owns all these vast powers. We gave them a quarter section forever station of 15 miles. My friendfrom california knows more about that than I do.
Mr. HOWARD. The Senator refers to the overland route.
Mr. SHERMAN. Yes, sir; but they are all now absorbed into one company.
Mr. CONNESS. And the State of California gave the same company $6,000 a year for ten vears.
Mr. SHERMAN. All that this bill does is to give by a general law, to all the companies that may be organized for the purpose of competing with this monopoly, a very small moi ety of the privileges conferred on and already exercised by that company. This proposition was not originally the one upon which the select committee of the Senate raised to consider the subject desired to act. They ro posed, in the 1st place, to authorize the PostMGenl to contract for the telegraphing of the U.S.; but the PostMGenl thought that at present the measure would be too exensive; and we therefore introduced this bill simpl to be et competition, knowing that it could do no arm. The Government gives up nothing, but, on the other hand, retains important advantages and privileges; among the rest, the right in the PostMGenl to fix the price to be paid by the Government for all dispatches sent by Government officers. I may state now that in the miscellaneous expenses of the Government 100s of 1,000s of dollars are now paid to this existin monopoly for tel egraphic dispatches by alI the various officers of the Government. This bill provides that for all messages sentby the Government, or by any officer of the Government, or to any officer of the Goverment, the PostMGenl shall have the right to rescribe the rates. Now those rates are regu ated by the company. In every view, therefore, this bill, if it is ever acted upon, will be for the benefit of the government. The only doubt I have is, whether by the privileges conferred by the bill, the new companies can compete With the old one. If they break down in the effort, it is not our loss; if they succeed, by the very act of competition and by their very success, they will necessarily reduce prices. Further, we save to ourselves the right at any time to step in and assume these tele raph lines. I beg pardon for interfering with my friendfrom California.
Mr. CONNESS. The Senator occupies the the floor always with more profit to the Senate than I do. The argument of my honorable friendfrom Nevada sounds to me very much like that of a Senator who was opposed to any competition, although that is not asserted by him. He as sures us with great confidence that there can be no competition; that we may provide for organizing, or encouraging the organization of as many lines as we please, and yet the present monopoly will include them all, and t cre fore we should do nothing of that kind. [submit, while I have no doubt that it is not so, that if the present monopoly desired an argument made in the Senate in their favor, the Senator has made just such a one as they would choose to make. Icannoteonceive howa Senfrom the Pacific coast, at least, should not be in favor of any and every provision that proposed to encourage the establishment of rival lines. There is no tax so burdensome upon us at the present time as the tax imposed by the tele graph monopoly. Not only is it a monopoly in point of the charges that are imposed, ut, as we happen to know, it is a monopoly in other respects of far more consequence and, importance. They are enabled to control the commercial transactions of both sides of the continent by their control over a single line of tele raph. I know of an instance that came to my knowledge, while we were sitting here during the past winter, of a land case edecided in the Supreme Court, in an adjoining chamberin this building; and the decision was no sooner known to be rendereddhan the telegraph was seized and made use of by men engagedin its ownership to carry out a great specuation on the Pacihce coast before the result of that decision should be known.
Mr. NYE. My friend will allow me to ask him whether the number of telegraphs will lessen that opportunity.
Mr. GRIMES. I wish to inquire of the Senfrom California whether that telegraph dispatch was sent in anticipation of its regular order?
Mr. GRIMES. Then I trust the Senator wrll at once introduce a bill to take away the gra tuity we have agreed to bestow on that telegraph company.
Mr. NYE. I am not to be charged by the Senfrom California
Mr. CONNESS. I did not charge the senator.
Mr. NYE. With any want of kindly feelin toward the Pacific coast equal to his own. I have been connected with that coast as he has. My object is not what the honorable Senator presumes it to be, by any means. My object is to lighten the burdens from off the shoulders of the people of the Pacific coast. They are already as great as they can bear. I repeat, the experience of the past proves that every corporation that has been organized and gotten up with a view of breaking down this monop 0.Y and combination has but increased the power of this combination and this monopoly. goes the Senator need to be told that millions when invested must pay interest in some way? And how is it to be paid? It is to be paid by the persons who use the facilities offered. Is there any proposition contained in the bill presented here by the Senfrom Ohio to build a rod of telegraph anywhere? Is there any proposition to build a tele raph to the Pacific coast? If so, I shall be appy to aid in its construction and to throw around it all the guards that Congress has the power to throw around it, in order that the newly constructed line to the Pacific coast may not become a monopoly like the other. But, sir, that is not the proposition. My honorable friendfrom Ohio has read me some of the names to show how wealthy the men are who are engaged in this enterprise. Sir, that is the way they have made themselves rich. Instead of Mr. Pren tiss being worth 4 millions, authorize the National Telegraph Company to build a line as this bill 1st proposed and he will be worth 5 millions to ine rrow. Who has got to pay the additional million? It is the honorable Senfrom California and myself and every one who uses the telegraph.
Mr. CONNESS. The Senator will permitme, I know, to say a word righthere. The Senator persists in fighting what is not before us, the bill to establish the National Telegraph Company and enfranchise it. The question before the Senate now, and that I have endeavored to address myself to, is a bill to enable all companies whatever to build telegraph lines over the post routes of the U.S. That is my answee to the Senator.
Mr. NYE. This thing started, at least, in substance, and now my friend says it isa shadow. It is spread so thin that you cannot see it. I [Laughten] I know that this bill never would 1 have been born if it had not been for that | National Telegraph Company of NewYork. They have not got an inch of wire, nor a post, nor a place to put a post; but they hold an act, of incorporation created in NewYork; they ‘; want to get a congressional indorsement; and p then what? Then to go to this existing company and say, “ Gentlemen, we are now goingto. construct a new telegraph to the Pacific; what will you give us i 5 do not do it?” The reply will lie, "Let us have no rivalry; we will buy you out; we will increase the stock of our cp’mpany $1,000,000, and that shall be ours.
Mr. NYE. Nonsense! Tellme what cannot be done by the consent of Congress and I will show you a white blackbird. [Laughten] That is the way this monopoly is to be broken down by the honorable Senfrom California. I have no doubt his intentions are good, but his reasoning entirely fails to convince me. Sir, Ihuve seen the various companies started from the day the 1st telegraph wire was stretched from this city to Baltimore; I havelived to see every inch oftelegraphin this country laid; and where now are your independent conaanies? All together; all consol idated; the U.S., and the Union, the Pacific, and all these nuniberless companies are all one company, with one set of directors; and, sir, make your National Telegraph Company which this bill was intended to brace up, to give it power to walk, and that will be under the some set of directors tomorrow. How? By increasing the stock of the old monopoly to pay for it, and then we shall have to pay an additional price for telegrapliin. Now, my friendfrom Cnliforniafiias a start ling case of fraud upon a land grant in California. I repeat the question, suppose there were a dozen lines to California, would that lessen or increase the facilities for cheating?
Mr. CONNESS. No; but as I understand the honorable Senator, he is entirely willing to slee and lie contentedly under the present ordizr of things.
Mr. NYE Mr. President, that shows either how obtuse I am or the Senfrom California is. I have repeated over and over again that I desire the same object that he does, to lighten the burdens of the persons who have to use the telegraph, but the modus operandi by which he would cheapen it has, by the logic and the history of the past, been shown to increase the burden every time it has been attempted.
Mr. CONNESS. I should like to make an inquiry of the Senator at this point.Mr. NYE. Certainly.
Mr. CONNESS. Then I ask the Senator if I am to understand him to believe that no means possible remain to excite competition or rivalry in the telegraphing business in the U.S.?
Mr. CONNESS. Then we understand the Senator.
Mr. NYE. You do not. understand me if you echo that. Iwill try a sin to make the Senfrom California understand me and if he does not, it will not be my fault. There is a we to do it: to authorize the construction of a telegraph line from NewYork to the pay cific ocean, and say that they shall not receive over so much a word for telegraphing, cutting it down one half; and if the Senfrom Ohio will so frame his bill as to authorize the National Telegraph Company to construct a line to the Pacific coast and carry messages for 1/2 the price now charged, Iwill vote for it. That is the way to do it. The Senfrom California remembers the old story of the fox covered all over With flies as thick as the could stick. A kindly friend came along an asked permission to drive them away. “For God’s sake do notdothat, ” was the reply, “forif you doamore hung swarm will come.” [Laughter.] That is what I am afraid of here. It is of this new hungry swarm that is coming, with no restrictions upon them, to increase rather than diminish the price of telegraphing from here to the Pacific coast, or from here to Bal timore. The old swarm have got fat; do not drive them awe and letaleaner class come in.
Mr. BROW. Will the Senator allow me to ask him a question?
Mr. NYE. Certainly. We make the bill so that that it is legislatin
Mr. BROWN. I should like to inquire of the Senator how the limiting of this company to 1/2 the present price permessage would prevent them roin being bought up b the old company. And yet the Senator says lie would vote for that, but would not vote for the other.
Mr. NYE. No; you have not understood ine., I would not vote for it unless it was made a positive fact, withoutthe consent ofCongress, that they should not sell out. d Mr. BROWN. You said that could not be one.
Mr. NYE. No; it is not. This is “without the consent of Congress.”
Mr. HENDRICKS. I wish to ask the Senfrom Nevada if he has the least notion that Congress can take away from a corporation organized by State law the power to dispaose of its franchise according to that State w.
Mr. NYE. I was just coming to that point. All that Congress would have the right to do would be to say that across these navigable streams they should not sell their wire; but in the State of Missouri, where my ardent friend for this measure resides
Mr. BROWN. The Senator misrepresents me; [am not an ardent friend of this measure at all.
Mr. NYE. All right; I am glad ofit. But take the State of Missouri, across which this new line, if the National Company had not been knocked out of the bill, would go; and do you suppose that Congress has any right to say that across the State of Missouri this company shall not sell their line of telegraph? I do not suppose that they have any such right. But, sir, my objection to this fllQflSlll" is, for a phantom. As the thing now stands, there is no corporation and no company that proposes to build a line any where; and this legislation is in anticipation of what may occur. “Sufficient unto the day is the evil thereof." We have got ressing business enough to engage our imme iate at tention, and which should command it, with. out legislating upon ideal cases that may here after exist. I have said all I desire to say on this question. It is legislating at a shadow and for a shadow, and teresult will be nothing. Its incetion was to bolster up the National Tele grap Company. That is dead already in the proress of this bill.
Mr. CONNESS. The Senator reasons in a circle. That is the objection.
Mr. NYE. It might or might not improve the Senator to get within the circle. [Laughter.] I do not propose to discuss that. It is spending day after day to legislate upon something that may come up hereafter. i ow, sir. I would sooner undertake to legislate and with this remark I have done to cut down the rates, to so regulate the subsidy to that overland tel egraph company as to cheapen the rates. My friendfrom Ohio is quite a stickler for State rights, occasionally, and for vested rights, and I should like to inquire of him whether there are any vested rights in this old line.
Mr. SHERMAN. I think we can hardly say that they shall not charge more than so many dollars or cents' a message. I wish we could.
Mr. SHERMANY. If we had the power to say that this old monopoly should not charge more than, say a dollar for every ten words, I should think then there was no necessity for this legislation; but I do not. think we can do that.
Mr. NYE. I do not see why not. If the Government was a party to the contract in buildin it
Mr. OOLITTLE. In the law which was passed in relation to the overland telegraph ine to California there was a provision limiting You were the friend of a better the amount which the company should charge for a message.
Mr. DOOLITTLE. No; to any person. message of a given number of words.
Mr. NYE. I had no recollection about the law, and sent for it. I have it here, but have not had time to examine it; but. I know from what is calculated to make a more lasting impression than the reading of the section of the statute from practice and habit that it costs $7 50 to send ten words
Mr. NYE. 7 dollars and 80 cents to send ten words from SanFrancisco to NewYork or Washington; and from Carson City, where I reside, the price is the same, although that is 300 miles nearer. Now, Sir, if the Senfrom Ohio, 'with his acute legal mind, will set himself to work to control the prices upon these old lines, he will do his country a substantial service; but I repeat, in my judgment, he never can effect it by this bill for a line which only exists in fancy, the purchase of which will increase the capital of the present monopoly, and every time the capital is increased the price for telegraphing is increased.
Mr. WILLIAMS. I am not so well satisfied with this bill as I was before it was amended. Mar: SHERMAN. The amendment is still on in.
Mr. l1 'ILLIAMS. I supposed that the amendment had been adopted. I am advised that it has not been adopted.
The PRESIDING OFFICER,(Mr. CLAux in the chair.) The pending question is on the amendment of the Senfrom Iowa.
Mr. NYE. Were you a member of the select committee on this subject?
Mr. NYE. There has never been in the annals of our legislation so sweeping a corpo ration as this, to construct a line of telegraph everywhere, wherever they please, and at every station they are to get lands. There never was, in my judlgment, such a corporation as this formed. fgentlemen are afraid of a monop oly let them look at the title of this bill. I wish to make this inquiry of the Senator: if this bill passes, will it authorize the National Tele aph Company to construct telegraphs in the U.S. wherever they'hnve a mind to do so?
Mr. SHERMAN. Let me ask the honorable Senator, where is the objection to allowing tele graph companies to extend their telegiraph lines anywhere in the U.S.? ould you not like to have them extended to every man's homestead if it could be done? Why not? Then my friend must remember another thing, the National Telegraph Company is stricken out of the bill, and any company, he himself, may embark in the business.
Mr. NYE. Then of course this bill, if it passes at all, will consist simply of a single section, saying that any telegraph company existing, or that may hereafter exist, may run a telegraph in the territory of the U.S. anywhere, and yet this land.
Mr. SHERM N. That is the general privilege. Any tele raph company organized in a State may run he wires anywhere along the post routes. They may take them to every, man’s door, if they choose, if it will pay.
Mr. NYE. The title of the billis “ to incor porate the National Telegraph Company.”
Mr. SHERMAN. The Senator has not got the bill at all. He has got some other bill. That is the bill that was sent to us.
Mr. SHERMA‘.Ithought the Senator was talking about something that was not before us. This is “a bill to aid in the construction of telegraph lines"
Mr. NYE. ‘The bill that I have is a bill reported b you from the committee.
Mr. SHERMAN. I did not reportany such bill. The title of the bill that reported is, Abill to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes."
Mr. NYE. Look above that. “In the senate of the U.S., June 7, 1866.
Mr. SHERMAN, from the select committee on incor porating a National Telegraph Company, reported the following bill, which was read and passed to a2nd reading. A bill to aid, ” &c.
Mr. SHERMAN. That is true.‘ The bill sent to the committee was to organize a particular compan; but we laid that aside and reported this biil for general purposes.
Mr. NYE. That is whatIwant to know. 357 is the number of my bill. What is the number ofyours?
Mr. NYE. Then I guess I am right about it. It is a child of your begetting, and I an) a little surprised that the Senator should disown it.
Mr. SHERMAN. The bill referred to is not the bill that we reported back.
Mr. NYE. This is your bantling, and is Stamped as ours.
Mr. SHERMAN. Not at all. That bill was referred to the special committee of which I was chairman, and we reported back another bill. The Senator has been talking about abill that is not before us.
Mr. NYE. Not at all. I have got the same number, and it purports on its face to come from you, as a member of theselect committee.
Mr. WILLIAMS. I am not particular as to the form of the bill. I am prepared to go for any bill that appears to me to be constitutional, and as this bill is the only one that has been submitted, I am willing to take it, either in its original form or as the Senfrom Iowaproposes to amend it. I am in favor of any bill that will strike at the existing monopoly in telegraphing in this countr, for I think it is necessary that some effort should be made on the part of Congress to put down this monop oly and to protect the interests of the people. There are only 2 objections made that I have heard to this bill: one was stated by the Senfrom Michigan, and the other by the Senfrom Neva a The objection made by the Senfrom Michigan is, that the company named in the original bill has not yet engaged in the business of telegraphin, and therefore this‘bill oughtnot to pass; ast ough Congress could pass no bill authorizing any company to construct telegraphs across the continent unless that company at the time the bill was passed was engaged in that business. In answer to that objection, I have to say, in the 1st place, that it is evident to my mind that this will not be the end of this roject, from the fact that men of capital, men of enterprise, and men ofcnergy are taking hold of this business, and because it has become obvious to the whole country that another tele raph line across the continent is necessary an will be profitable to those who invest their capital in that enter use. p
Mr. HOWARD. Allow me to call the honorable Senator’s attention to the last clause of the 1st section of Senate bill No. 357, which, I believe, is the one under discussion, in which it is said that the company “may preempt and use such portion of the unoccupied public do main through which its said lines of telegraph may be located as may be necessary for its stations, not exceeding one quarter section for each station.” Who is to judge of the necessity of taking land? Plainly, the company. What then is to hinder these companies or all of them from squatting upon every foot of the public domain belonging to the U.S., whether lying within the limits of a State or within the Territories? If they see fit to mul tiply themselves so as to become an uncounted number of squatters, the can take the entire public domain of the LU.S. by way of making telegraph lines all over the U.S. s Congress prepared to give such an enormous privilege as this? And what is to hinder one single company from taking a series of 160 acre lots upon a line lyin in one direction, and then another series oft e same lots lying adjacent to the former lots? The whole public domain might in this way be absorbed by these unconnted telegraph companies. Does the honorable Senfrom Ohio, who has so vigilant an eye over the public money and public property, feel willing to grant these privileges to telegraph compa nies? It seems to meto be utterly absurd. If you are going to make a line of telegraph state in our charter or in your act of Congress where it is to begin and where it shall run and where it shall end, so that the public generally may understand what the privileges are which you are granting, and not give a roving, unlimited commission to a dozen, 15, 20, or a 100, or1,000 telegraph companies to pervade the entire public domain and absorb it all by way of preiempting it for telegraph (30m anies.
Mr. HOWARD. But here the stations may be adjacent to each other. The old actrequires the stations to be not nearer than 15 miles.
Mr. SHERMAN. I ask the Senator if he thinks they would establish a station in the wilderness in order to get a quarter section of wild land?
Mr. HOWARD. Certainly I do. Let one of these companies go into the wilderness and preempt and squat upon every lot of 160 acres upon a.particular linethe 160 acres are worth $200 at the minimum price and it would be a very great speculation.
Mr. SHERMAN. They would make a station there to do that?
Mr. HOWARD. Certainly they would make a station there for that purpose. There is no difliciilty about it. It makes a settlement upon the lot, brings it into market, changes owner slii from the U.S. to the occupant, and thus the public land will go.
Mr. WILLIAMS. I think that if it was true that this telegraph company would do all that the Senfrom Michigan apprehends, it would be an advantage to the country. If this telegraph company can cause a settlement across this continent upon the public domain as frequently as he supposes, it will be an advantage to the country, it will enhance the value of the public domain that may not be taken by the company, and it will extend the population of the U.S. across the continent and conduce to the settlement of the public lands.
Mr. HOWARD. Perhaps it would, but suppose the telegraph company should abandon its line after it had acquired the title and o 05', no reversion to the U.S. wouId follow.
Mr. WILLIAMS. the honorable Senator can indulge in all possible suppositions. I doubt whether any project for any public enterprise can be submitted to the Senate about which Senators may not indulge in improbable suppositions. But is it probable that when a company has invested millions of dollars in a telegraph line across the continent that is paying a large interest upon the money invested, it will abandon that line?
Mr. HENDRICKS. I will ask the Senator this question: when the right of preemption is secured, the purchase made, and the patent given to the company, what is to prevent the company withdrawing its station from that land to another station, at its pleasure, and going on with one pree‘mtion after re'emption, according to its own p ensure, under the language of this bill?
Mr. SHERMAN. I supposed my friendfrom Michigan was merely joking on this point; but if the Senfrom Indiana is serious, if he really thinks there ought to be a limitation on it, I should say one station to every 15 or 20 miles.
Mr. WILLIAMS. I have not charge of this bill and it is not my business to defend its particular pliraseology, and I did not take the ador other floor for that purpose. I intended simply to express my hope that this bill or if this bill is not satisfactory in its phraseology to Senators, I hope the gentleman having it in charge will make it conform to their wishes so long as the end in viewis preserved I simply intended to advocate the passage of this bill or some such bill for the purpose of putting down the present monopoly
Mr. WILLIAMS. As I find that my remarks are extendingfurtherth an I originally intended, and leading to protracted discussion, on account of the lateness of the hour I will not trouble the Senate further.
Mr. GRIMES. Let us vote on my amendment, and then discuss the general merits of the bill.
Mr. SHERMAN. One section of that bill expressly authorized Congress to extend the same rights to other companies.
Mr. DOOLITTLE. '1 c act provides that the Government will, for a given length of time, employ this telegraph to the amount of $40,000 a year at least. The Government guarant to do at least as much business as that with 1 the company, and so far the guarantee has been kept. We also agreed that the company, in building its line, might preempt at each station a quarter section of land, but those stations were not to be within 15 miles of each other. That was the provision of the statute. The contract was to be for the period of ten years and to be awarded to the owest responsible bidder. That was in the year 1860. The act declared further: “ Provided, lint no such contract shall be made until the said iiic shall be in actual operation, and payments thereunder shall ceasewheneverthe contractorsfail to comply with their contracts: that.the Governmentshall at all times be entitled to riority in the useof the line or lines, and shall have t ie privilege.whenauthorizedbylaw, ofconneeting sai line or lines by telegraph with any military ostsof the U.S and to use the same for gorernment execpt sue Ahnd provided also, That said line or lines. asmaybeconstructed by the Government to connectsaid line or lines with t in military posts of the U.S shall be open to the useof all citizensof the U.S.during the term of the said contract.on paymentof the regular chargesfor transmission of dispatches: And flrnvtdlftlalso, That such charges shall notexceed 3 dollars for it single dispatchof ten words, with the usual proportionate vdieddeudc,tionsupon dispatches of greater length: ProThat nothing herein contained shall confer upon thesaid parties any exclusive right to construct a telegraph to the Pacific or tlebar the government. of the U.S. from granting.fromtime totime, similar franchisesand privileges to other parties."
Mr. BROWN. Do I understand that to be a limitation of 3 dollars for ten words on messages across the continent?
Mr. DOOLITTLE. It was from the west line of the State of Missouri to SanFrancisco. What I insist is that the company must act in good faith.
Mr. BROWN. It is clear from the reading of that provision that they have violated their charter.
Mr. DOOLITTLE. In relation to what the facts are I will not undertake to state: but I say that it would be held in any court if any proceeding were taken against them for dani ages, or any proceeding against them by way of injunction or for forfeiture, that they could be compelled to carry out this law in good faith, so that the price of dispatches should not exceed the sum which is herementioned. in the statute.
Mr. STEWART. But the Senator will observe that there is a very small portion of the people of the U.S. who reside west oft ie Missouri river. The great mass of the people reside east of that; and the same combination owns the lines east. The people east have to get their messages to that pomt and must pay for getting them there.
Mr. DOOLITTLE. That may be all true; but here is the real fact: we in 1860 let to the lowest bidder the business of buildin a tale graph line acress the continent; and the question is, as that contract only runs for the ten years, shall we now, is it good policy, is it. wise, is it just to provide for bui ding on the same line another telegraph? Although the power is reserved to us to do it, ought we to exercise that power, is the question. thit is a question which addresses itself to the gmd faith of Congress. The fact that this comp any took upon itself the risk when it was suppe sad to be a risk, when many believed it was a chi more. to suppose that a.line could be built ind kept up across the continent, ought to weigh something With us. My judgment is that if this company has exceeded in' its 'cliarges ii hat it has a right to charge for its dispatches, tl ere should be a proceeding against it. It would work a forfeiture.
Mr. WILLIAMS. Allow me to suggest I know it costs ten dollars in old they will take nothing but gold to sena dispatch of ten words from Portland, in Oregon, to Washington. I do not know who gets the money, but I know it costs that amount.
Mr. DOOLITTLE. I do not desire to take up the time of the Senate. I simply say that the character of the act of 1860 has been this understood by some in supposing that it was intended to make a monopoq of this company and put everything out of the power of congress.
Mr. BROWN. The monopoly has been by buying u each other and consolidating. The P IESIDING OFFICER. The question is on the amendment of the Senator 'rorn Iowa, [Mr. Gaines]
Mr. SHERMAN. It will now be necessary to make some verbal alterations in the bill to conform to the amendment just made.
Mr. NYE. Let it be recominitted to the committee to reconstruct the bill.
Mr. SHERMAN. It is not necessary to recommit it. Only a few verbal alterations are necessary, and they can be made in a moment. In line 4 of section 2 I move to strike out “said company” and insert “any of said companies.”
Mr. SHERMAN. Now, in line 2 of section 3 I move to strike out “said” before “company, ” and after “company” to insert “acting under this act;” so as to read: The rights and privileges herebygrantedshall not be transferredby any companyacting under to another corporation.association, or persotnhwisi tnhct out the consentof Congress.
Mr. SHERMAN. Now, to oblige my friendfrom Nevada, I move to strike out the words “without the consent of Congress, ” in the 4th line of section 3.
Mr. DOOLITTLE. What will the effect of that be?
Mr. SHERMAN. To provide that the rights and privileges granted to any company acting under this bill shall not be transferred to another company. The Senfrom Ne vada seems to fear that Congress might assent to such a transfer.
Mr. SHERMAN. In line 8 of section 3 I move to strike out the words “said company” and insert “any or all of said companics.”
Mr. SHERMAN. In line 11 of section 3 I move to strike out the words “said company” and insert “the company intereste.”
Mr. SHERMAN. Now let the 3rd section be read as it stands amended.
The Secretary read as follows: Site. 3. Abife:, That the rights and privilegesherebygrantedshall not be transferred by any company acting under this act topny other corporation. association or person: Provided, however. That the U.S. may at any time after the expiration of 5 yearsfrom the date of the passage ot thisact.for ostal, military or other purposes; purchaseall the telecgraphlines. property.andeffects of any or all ot‘said companiesat an appraisedvalue, to beascertainedby 5 cometontdisinterestedper fisons.two of whomshall beso cctedb the PostMGenl of the U.S.two y the company interested and one by the 4 so previouslyselected.
Mr. SHERMAN. I move to strike out the 4th section after the enacting clause and insert: anTyhat before any telegraph companyshalfexcrciso of the powersor privileges conferredby this act, such company shall file their written acceptancewith the Postmast crGeneral of the restrictions and obligations required by this act.
Mr. CONNESS. I suggest to the Senator to incorporate in the 1st section a restriction in regard to the distance of the stations from each other.
Mr. SHERMAN. I see no danger to be apprehended on that score; but I move after l“ine 23 of the 1st section to insert but such stations not to be within 15 miles of each other, ” so as to prevent them making a station in order to get the right to preelmpta quarter section of land.
Mr. HOWARD. I move in line 19 of section one to strike out the words “ cm tand.” It will then leave the lots upon which the stations of the company are, subject merely to a possessor right or right of occupancy on the part oft ie company, and will not give them the fee simple of the land. simplly tolerate them there while in possession f the lot for the purposes of a station, and remove all doubt as to the meaning of the word “pre'e'iiipt.” There are many persons who believe that word implies a title in fee simple. I am not quite sure myself that it does not. To remove all doubt, I think we had better strike out that word.
Mr. CONNESS. I cannot think that this provision is a grant as it now stands; butif the word “ preempt" were left in, the company could 0 on and perfect their title if they saw fit, antIbuy the land. As the language stands, it gives no title in fee; but if the word “ preempt” is stricken out, the companies cannot preempt and buy at any time, and yet the companies may improve a piece of land and have it subject to hem preempted by others.
Mr. HOWAR. Not at all. It cannot be subjected to preemption because the company are in possession under a right of occupancy. That excludes everybody discfrom being a preemptor.
Mr. UONNESS. What objection can there be to allowing the company to prefimpt and., u. In HOWARD. The objection is this, that it is not the business of a telegraph company to become the owner of lands in fee simple. They are intended for another purpose, and ought not to be allowed to accumulate landed property in their hands any more than any other corporation. They ought to be allowed to own an use as much as is necessary for their pur‘ poses, and when their occupancy for that purpose lias ceased the title ought to revert to the original donor.
Mr. HENDRICKS. Allow me to suggest to the Senfrom Michigan that I think it probable his proposition will defeat a very important purpose of this bill. Suppose a very desirable town site is selected and a whole quarter section is taken. Of course that quarter section is not needed to put up the telegraph apparatus, but the town site is secured by the uarter section. Now, the proposition of the 'enator will cut them off from the right to divide that up into lots and sell it, and will very mate rially interfere with the speculation which is possible under this bill.
Mr. HOWARD. Undoubtedly, Mr. President, and that is one of the purposes which I wished to guard against by the amendment which I offered. I foresaw that.
Mr. POMEROY. There are some reasons why I think the public interest would be subserved by allowing a preiemption rather than a mere occupancy. Preemptors are subject to certain laws and restrictions. As a preemptor a man cannot strip a quarter section of its timber. A preemptor can use only that portion necessary for his preemption. But if you give the company the use and occu ancy of a quarter section, they may strip it 0 all its timber and may damage the public lands. There are certain restrictions and limitations thrown around preelmptors that do not apply to persons who iave a perpetual right of use and occupancy. I do not care anything about it so far as it applies to this company. There is one correction. however, that I should like to make in the bill ifI can have the attention of the Senfrom Ohio for a “ moment. The words public domain” and “ public lands” have different significations as administered at the Dept. We have domain over military reservations, valuable tracts for military sites. We exercise eminent domain over them. They are part of the public domain, but you do not It will l l Pre‘. mean to give a company the right of preemption on a reservation or any such valuable tract. The word “lands” should be used instead of “domain.”
Mr. POMEROY. Yes, sir; they are all “public lands;" but “public domain” is another thing.
Mr. SHERMAN. I used the word “do main” so as to cover unsurveyed lands. I supposed that “public lands” technically meant only those which were surveyed and subject to entry.
Mr. POMEROY. They are all public lands, excepting certain reservations, and those res ervations are public domain. If it is in order now, I move to insert the word “lands” in stead of “domain, ” in the 20th line of the 1st section.
Mr. HOWARD. Let the vote be taken 1st on my amendment.
The PRESIDING OFFICER: The question is on the amendment of the Senfrom Michigan. The amendment was rejected; there being, on a division ayes 12. noes 13.
Mr. POBIEROY. I now move, in lines 16 and 20, of section one, to strike out the word “domain, ” in each case, and insert “ lands.” We had to pass a bill here not long since to restore to the public lands certain res ervations that were part of the public domain before.
Mr. DOOLITTLE. The Senfrom Ohio, as I understand, says he wishes to give to companies under this bill the same rights that we give to the company across the continent, by the law to which I have already referred. He will find that there is a provision in that law that the company may preempt land for stagtions during the time that they occupy the land for telegraph purposes. Furthermore, there is a provision thati the land they p're‘emptshould ha pen to be so located as to be needed for railroad purposes, they must give way to the railroad. the y car; move telegraph lines, but a railroad may have only one place where it can go through. You will find when you come to build the Pacific railroad through the mount ains that there are particular sections where the railroad must go, and if there is a telegraph line that has land preempted it may encumber the railroad company
Mr. SHERMAN. Ifthe Senator thinks there is any danger on that score, and will draw an amendment to cover the point, I shall have no objection to it. I do not want to secure to any company under this bill a town site or anything of the kind.
Mr. HENDRICKS. I move to strike out all alter the word “telegraph, ” in the 19th line of the 1st section, to the end of the section.
The Secretary read the words proposed to be stricken out, as follows: And may precmpt and iisesuch portionot‘ the unoc cupied pubi c lands subject to preemption, through which its said lines of telegraph may be locatedas Would that cover the may be necessaryfor its stations.not exceeding one quarter section for each station. but such stations not to be within 15 miles of eachother.
Mr. HENDRICKS. This privilege secured to the company can only be for the purpose of speculation. A railroad company, wherever it has a station, needs land of some considerable extent for its depots, its water stations, &c.; but a telegraph company needs room enough for its poles and for its officseim. piy t has no occasion for 160 acres of land. Ofcourse, if Congress gives it, every 15 miles, a qtiarter section of land, it is simply for the purpose of speculation. It enables any company acting under the law to select the most desirable locations upon the public lands along the line of the route. It may be said that the telegraph operator located at a rticular station needs a homestead. That is very well, and he, under existing laws, may secure his homestead. He may secure it under the homestead law or under the preemption law. If he settles down in good faith as a telegraphic operator to 'live upon the quarter section of lan, as soon as he shows to the GLO that he has made a home upon the particular quarter section of land, like any other citizen he has a right to preempt it.
Mr. GRIMES. The land must 1st be surveyed.
Mr. HENDRICKS. But any citizen has a right to settle upon a piece of land and secure the right of preemption in advance of the surveys under existing laws. This right will be secured under existing laws to the operator who may make his home at the station.
Mr. GRIMES. I inquire of the Senator whether that would notbe a personal rightpertaining to the operator; and if he was changed, would it inure to the benefit of the corporation. whose agent and servant he was?
Mr. HENDRICKS. It would be a personal right to the operator who makes his home upon the quarter section of land.
Mr. GRIMES. Then the title of the property would cease to be in the company or in the o erator either the moment the operator was discharged from the employment of the compalni
Mr. HE.NDRICKS. The operatorwhowould secure the 160 acres of land under the general law would have the right to sell it, dispose of it, just like any other citizen.
Mr. GRIMES. But he could not dispose of it until after the Government had surveyed all these lands, which we have not yet acquired the title to from the Indians.
Mr. HENDRICKS. That is a practical difficulty which will be experience by any preiemptor, whether it be the corporation or the individual. Now, if 160 acres of land is wanted at a station, it is either for speculation or for furnishing a home for the operator. If it is to be a home for the operator, let him have his home like every other citizen. Let it be a nucleus, too, for a settlement. Therefore, I move to strike out this clause giving the company the right of preemption. I do not think it has any proper place in the bill.
Mr. KIRKWOOD. I desire to ask a question of the Senfrom Indiana. Under the language of this bill, how much land can a company take 'for a station? Does he hold it. to be that it can absolutely take 160 acres, whether necessary for a station or not; or is the amount it can take lim ited b the necessity, under the language of the hi I?
Mr. HENDRICKS. All such laws are construed as giving the right to the extent of the limit in the law itself. If the company preempts 160 acres of land, the ComrGLO cannot say that less than that is necessary if the company says it is necessary. The Commissioner cannotadjudicate the amount necessary when Congress has said that to that extent it may be necessary.
Mr. KIRKWOOD. That is the point I wished to come at.
Mr. HENDRICKS. Congress has fixed the construction by the law itself.
Mr. CONNESS. The last telegraph bill that was passed by Congress was what was known as the Russian telegraph bill. It will be remembered that in that bill the amount of land at each station was cut down to 40 acres: I think that would be fair as a compromise in this case. Imove to amend the amendment of the Senfrom Indiana by striking out “one quarter section” where it occurs and inserting “ 40 acres.”
Mr. SHERMAN. That will avoid the controversy.
Mr. HENDRICKS. I withdraw my motion and let the Senator su gest his amendment.
Mr. CONNESS. I make the motion to strike out “one quarter section” where it command to insert “ 40 acres.”
Mr. CONNESS. I have already given the reason. My purpose is not to destroy this bill, but to perfect it.
Mr. OMEROY. If there is any use in this company having any land at all, it is not that they want every 15 miles a place for an operator nor to give an operator any land. The 0 erators of the line across this continent over the public lands would not be perhaps within 300 miles of each other; but every 15 miles there is to be a watchman to watch the line and to take care of it. If the company have the right of giving a man a homestead, provided he will stay and watch the line across the public domain, to keep it from being cut by Indians, and can build him a little castle there, he can stay and watch and defend this line. That is the object of having a quarter section of land. Every citizen, to be sure, has the right to take that much now, but you cannot get a citizen away out far from the settlements to settle on a piece of public land unless he is protected by a company who pay him something for it; and if he can have the additional inducement of having some land and having the protection of this company, he can keep the line up. The company have to pay as much for keeping the line up as for operating it, and they must have a class of watchmen whose duty it is to go over the line from one end to the other and see that it is perfect. That is the reason why they want and every 15 miles. There will not be an operator in 100miles.
Mr. CONNESS. This land would not serve the purpose the Senator suggests unless the title of it should remain'in the company, because if it did not, the watchman, as he terms him. would take the land when he left and sell it to whom he pleased. The purpose is to give a certain amount of land to the company, where the may have a location.
Mr. POMEROY. It is a misapprehension to suppose that anybody can go on the public lands in advance of survey and get anything he pay sell.
Mr. CONNESS. The watchman may make a home outside of the 40 acres.
Mr. I’OMEROY. But he cannot sell it until after the land is surveyed. There is no such thing as a squatter selling a preemption right.
Mr. CONNESS. There is nothing to hin der this man making another location on 160 acres outside of the 40.
Mr. NYE. I desire to inquire of the Senfrom Kansas whether there is anyprovision in this bill that there shall be a watchman every 15 miles.
Mr. POMEROY. There is no such provision in the bill.
Mr. NYE. And no such thing exists across the plains. H
Mr. POMEROY. The line is watched all the we.
Mr. NYE. It is not watched every 15 miles, or every 200 miles. The way their lines are watched is this: the telegraph runs by the stage road, and they have an ar rangement by which the men employed on the stage route see to the line; but there is no such thing as awatchman every 15 miles. I can show the Senator 500 miles without any.
The PRESIDING OFFICER. The question is on the amendment offered by the senator t'rom California.
Mr. NYE. I move that the Senate adjourn.
Mr. SHERMAN. I hope we shall close this bill. I wish boget up the Indian appropriation bill tomorrow, with the assent of the Senate. The motion to adjourn was not agreed toayes 8, noes not counted.
Mr. STEWART. I ask the Senator whether there ever was a time when corporations of States did not go into other States with steamers, stage lines, and any other means of convoyance.
Mr. WILSON. I move that the further consideration of this bill be postponed to the 1st Monday of December next. The motion was not agreed to.
Mr. MORGAN. I offer an amendment to strike out the 2nd section of the bill and insert the following in lieu of it: That it shall be the duty of the PostMGen on the 1st Monday of September of WWI) 'ear after the passageof this act to advertisein the t. res dllll ]l1t Wfl upers having the largest circulation in the mic; States for senled proposalsfor doing the telegraphic businessof the several deptsof the Government of the U.S.: such adver tisements to be published in each of such newspa pers twice each WtTk for 2 consecutive weeks. And upon the 1st Monday of Octoberthereafter, in each year. the PostMGenl shall open the proposals which shall be made to him and shall thereupon award the contract to the lowestbidder for the transmission of each 100 words. not includinp the addressand in nature to any dispatch: PFODldt!, however, That it shall be the duty of the PostMGenl to reject the bid of any person, company e.dobryaosgsoocoidation whose bid shall not be acand sufficient bond in the penal spin of 850.900 executed by the bidder and 2 sufficient surcties who plied! e resident cittsous of the U.S. conditioned.in case the said contract shall be awarded to such bidder. that he shall exccutoawritten coptruct accordingto the termsot'such bidd and indemnify the U.S. against all loss or amizge byreason of the non-pertormanoe of such conract.
Mr. SHERMAN. The provision of the bill is much simpler and much better that the price of all mcssages sent by or to any officer of the Government shall be fixed by the PostMGenl. It‘is much better to leave it with him than to open it to contract or competition. I hope, there ore, that the amendment will not be agreed to.
Mr. BROWN. It strikes me that the result of the amendment offered by the Senfrom NewYork would simply be to make the Goernment pay more than it is now paying for telegraiphic charges. There Would be no competition and there might be combination, and we should be required to pay all that was asked. I think it would be on ortunate if any such amendment were put on.
Mr. MORGAN. We are now providing by a general law for telegraph companies, and while providing for an increase of telegraph companies, it seems to me it would be well also to provide generally for the telegraphic business of the Government.
Mr. NYE. I hope the care of this immense business will not be committed to the hands of the PostMGenl alone. It is a pretty large power. I recollect that we had a pretty livel debate here the other day on giving to the SecyTreasury a couple of 100,000 dollars to spend as be leased. This is utting a million into the ban sof one man, w oever he may be to pay just what he pleases to any telegraph company that he chooses to contract with. I hope this amendment of the Senfrom NewYork will be made.
Skip Skip The question being put, there were, on a division ayes 13, noes 11; no quorum voting.
Mr. NYE. I now renew the amendment which was olfered by the Senfrom NewYork [Mr. MORGAN] when we were in committee.
Mr. SHERMAN. I hope that amendment will not be adopted. It will only put the government of the U.S. to excase. It seems to me not necessary. The bill is very carefully guarded. We have put the price of Government messages in the power of t ie PostMGenl, who will always, as a matter of course, endeavor to get the business done at the lowest possible price consistent with the public interest.
Mr. HOWARD. Itisqnite uncertain whether he will endeavor to get the service performed at the lowest rates. I think this is nothing but a reasonable restriction imposed upon the PostMGenl. It is certainly the mode in contracts of importance that are let by the Government, and see no reason whatever for re'ecting it. I hope the amendment will be adopted.
Mr. WILLIAMS. Allow me to ask the Son ator if Congress cannot require the Postm aster General to state what he pays for telegraphing the public messa es.
Mr. HOWAR. Certainly we can ask the PostMGenl to state any official fact of which he has knowledge; but what does it amount to? He will have the authority under this bill to 've the contract to any party that he may see it, and upon any terms that he may see fit, however extravagant they may he. think it is a power that ought to be restrained within some reasonable limits. Certainly no body can complain of the amendment.
Mr. POMEROY. If there were a great many telegraph corporations in the U.S., so that we could get some contest between them, it would be worth while to advertise but what we are trying to resist is the overshadowing monopoly of consolidated companies. The idea that when these consol idated companies have ot only one organization which embraces aIi the lines in the U.S., on are going to advertise for proposals, so that that one organization can have entire control of the prices which the Government shall pay for telegraphing, seems to me ridiculous. If you make that provision the PostMGenl must make contracts for what they will do the work for.
Mr. BROWN. And he is required to make contracts with them, which he is not now.
Mr. POMEROY. Yes. I was about to say that the amendmentre uires him to do it while the bill puts it into his ands to fix the prices. What we are tryin to resist is the overshadowing monopol of the existing companies; and the idea of a vcrtising for Government work so that they can agree on the precise price they. will have, and then oblige the Dept to contract with them, is only adding strength to the monopoly.
Mr. NYE. That illustrates precisely what I have been trying to show all a, that there is no company now in existencct at can compete, that it is not a proposition to build a sin gle foot of telegraph by any company. This whole thing beautifully exemplifies the farcical character of the bill. Here you are providing that the PostMGenl shall make a contract with the only company there is. You do not propose to build a foot of tele raph any where upon this continent. I think I. eamendment proposes simply to carry out the prac ticc of the Depts. There are gentlemen here who have been in the Depts, and they.know that whenever they want any particular service for the Government they contract for it. I should like to know from the Senfrom Ohio why the Government tele graphing, which costs from 400,000 to 500,000 dollars a year, I have no doubt, should not be let by contract like other Government service.
Mr. WILLIAMS. The reason is that there is nobod to compete.
Mr. NYE. Then why are you legislating here?
The PRESIDING OFFICER. The question is on the amendment offered by the Senfrom Nevada.
Mr. SHERMAN called for the yeas&nays, and they were ordered; and bein taken, they resulte yeas 14, nays 15; 20. So the amendment was rejected. The bill was orderengross for a 3rd reading, and was read the 3rd time, and on the question, Shall the bill pass?
Mr. HENDRICKS called for the yeas&nays, and they were ordered; and being taken, resulted yeas 16, nays 13; 20. So the bill was passed. HOUSE BILLS REFERRED. The following bills and JtResolution from the HoRep were severally read twice by their titles, and referred to the ComPensions: A bill (H.R.No. 739) for the relief of Lemantha Rader; A bill (H.R.No. 740) for the relief of Matilda J. Monroe; A bill (H.R.No. 741) granting pension to Jonathan W. Beach; A bill (H.R.No. 742) for the relief of the mine r children of Salvador Accadi, deceased; A bill (H.R.No. 743) ameudatory of an act entitled “An act granting a pension to Mrs. Emerance Gouler; and A JtResolution (H.R.No. 179) for the relief of Edgar '1‘.Harris. INDIAN APPROPRIATION DIM.
Mr. SHERMAN. I move, merel for the purpose of leaving it as the unfinishe business or tomorrow, to take up the Indian appropriation bill. I hope to get through with it tomorrow.
Mr. WILSON. I move to take u House bill No. 013, the Freedmen’s Bureau bi l, which came from the House today, for the appointment of a committee of conference.
Mr. HENDRICKS. I think we had better adjourn and attend to that in the morning. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, June 29, 1866. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. Bonn on. The Journal of yesterday was read and approved. WILLIAM 0. LEE.
Mr. McKEE. I ask unanimous consent to discharge the ComWhole House from the further consideration of House bill No. 629, for the benefit of William G. Lee; in order that it may be considered at this time.
Mr. HALE. Let the bill be read. The bill was read. It directs the SecyTreasury to pay to William G. Lee, or his legal representatives, $28, 428 50, which sum is to be in iiill payment of his claim against the U.S. on account of corn Int chased by him in the dept of Kentuc 'y, as the agent of the quartermaster’s dept, under the a reement made b him with Captain John A. ltIorris, in 1864, on which corn spoiled on his hands by reason of the Government failing to furnish transportation. The motion to discharge the ComWhole from the consideration of the bill was agreed to. The question was on ordering the bill to be engrossed and read a 3rd time.
Mr. McKEE. I do not desire to say anything in reference to this bill unless some gentleman desires some explanation. A report, a very long one, setting forth all the facts, accompanies the bill. The case is simply one of a contract with an agent of the Government.
Mr. BOUTWELL. I ask that the report be rea.
Mr. BOUTWELL. think it must be apparent to the House that this being a claim under a contract with the Government ought properly to go to the Court of Claims. For the consideration of precisely such cases the Court of Claims was established. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. McKEE mtRtv the bill was passed; upon the table. agreed to.‘ EXCUSl JD FROM COMMITTEE SERVICE.
Mr. MORRILL. Mr. Speaker, you have done me the honor to appoint me a member of the committee of conference on the internalrevenuebill. Iexectto be busily engaged for some days upon file tariff bill; an with this and my other engagements my time will be fully occupied. I therefore ask to be excused from service on that conference committee. There being no objection, Mr. Mona ILL was excused. IOWA AGRICULTURAL COLLEGE. Mr. KASSON. I ask unanimous consent to introduce a JtResolution, to which I think there will be no objection. Let it be read for information.
The Clerk read the resolution. It provides that the time for completing the agricultural College of the State of Iowa, in accordance with the provisions of the 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, be extended for the perio of one year.
Mr. KASSON. Mr. Speaker, I have only to say that a committee of the trustees of this institution have requested that an act of this kind may be passed, as the work on the college is in regress, but not yet completed.
Mr. HALE. I desire to inquire whether this has not already been provided for in a general bill.
Mr. KASSON. I had supposed that such was the fact; but on an examination of the bill I do not find it to cover this case.
Mr. GRINNELL. Some time since I was addressed in regard to this matter. I then examined the bill on this subject passed about 2 months ago, on the recommendation of the ComAg. I found that that bill covers the case.
Mr. KASSON. I was under the impression that such was not the fact; but I will make a re'exnmination, meanwhile withdrawing the bill for the present. CIVIL APPROPRIATION BILL. Mr. STEVENS, from the ComAppropriat reported a bill making appropriations for sundry civil expenses of the Government for the year ending June 30, 1867, and for other purposes; which was read a 1st and 2ndtime, referred to the ComWhole on the state of the Union, and ordered to be printed.
Mr. STEVENS. I move that this bill be made a special order for next Tuesday imme diately atter the morning hour, and from day to day until disposed of. The motion was agreed to. LAND TITLES IN CALIFORNIA.
Mr. JULIAN. Mr. Speaker, I ask the unan imous consent of the House that an additional hour be assigned to the ComPubLands tomorrow for the special consideration of Senate bill No. 343, to quiet land titles in California, which was referred to in the debates on yesterday. It will be impossible to consider that question unless the leave I ask for be granted, unless we withhold action on all other matters before us, which would be wrong. I therefore ask for an additional hour on that matter affecting the interests of California so dee ly. Ilii. PIKE objected. NATIONAL BUREAU OF INSURANCE.
Mr. COOK. by unanimous consent, from the ComJudiciary, reported a bill for the creation of a national Bureau of Insurance; which was read a 1st and 2nd time, ordered to be printed, and recommitted.
Mr. HALE mtRtv the bill was recommitted; upon the table. agreed to. PENSIONS TO SOLDIERS OF WAR OF 1812.
Mr. HALE called for the regular order of business.
The Speaker stated the regular order of business was the consideration of the unfinished business of the morning hour of Friday last, being an adverse report from the ComInvalidPens on House bill No. 168, granting pensions to soldiers of the war of 1812 with GreatBritain, on which the chairman of ‘the committee [Mr. PERRAH] was entitled to the floor for thirt. 6 minutes.
Mr. PERHAM. Iwill yield to the gentleman.
Mr. SPALDING. must be some mistake in the statement that it will require' anything like $10,000,000 to pension the soldiers of 1812, even if we adopt the same plan that was adopted in negard to the revolutionary soldiers. 2 years ago I had occasion to inquire of the ComrPensions in regard to the probable expense. The number of soldiers of 1812 has certainly not increased since that time, but must in the ordinary course of events have diminished. At that time I was informed by the Commissioner that the expense would be from 3 to 5 millions. And now the estimate is made at $10,000,000. Sir, I am in favor of doing something for these men who are now living. They are few in number, and the number is daily growing less. If we put it off for another year, how many shall we have left? There can hardly be a man of them less than 70 years of age. I was a boy in 1814, and I now lack 2 years of being 70. The bulk of the soldiers of the war of 1812 must be over 70 years of age. If the ComPensions do not deem it expedient to give to these old men as much of a pittance as was afforded to the soldiers who fought in the war which has just closed we will not complain; but they surely ought not to turn their backs upon them I desire to say that there and refuse to do anything. If it be necessary that economy be carried to that extent, so far as regards our national Treasury, I would propose that the committee take this matter into consideration and report something in theshape of a donation to these old men, say of two, 3, or 500 dollars; something that may smooth their passage to the grove.
Mr. PERHAM. I do not rest.this matter entirely upon the cost and expense; but I wish to say a word in reply to the Gentfrom Ohio [Mr. Smunsc] on this subject. The gentleman says that he applied to the Pension dept a year ago, and was informed that it would take from 3 to 5 million dollars annually to carry out this act. I have no doubt of that fact. We all know that the estimates are very much below what the expenditures amount to. I desire to move the previous question upon this bill, but Iwill yied for a moment to the Gentfrom Pennsylvania, [Mr. MILLER]
Mr. STEVENS. I understand now that the motion is to recommit the bill with instructions to bring in a bill. I move to amend the instruction as follows: to report an amendment increasing the lowest rate of pensions for total disability, which now rates at 8 dollars, to ten dollars or month.
Mr. MI]. Elt. I rise toaquestion of order. I submit that the amendment is not germane to this bill.
The Speaker. The Chair thinks the amendment is germane, as it relates to the subject of pensions. FAIlQUHAR. With the consent of the chairman 10f the ComInvalidPens, I desire to ask the Gentfrom Pennsylvania [Mr. S'rsvnssfiwhether the amendment he proposes applies to pensions generally, and will reach the cases of soldiers of the war 0f1812 if adopted.
Mr. STEVENS. It instructs the committee to report a bill increasing the lowest rate of pension for total disability from 8 dollars to ten dollars. Ita plies to all pensions that now rate at 8 dol ars a mouth, and raises them all to ten dollars a month. I proposed 12 dollars a month the other day; at I found that the ComPensions were reluctant to s cc to that; Isiippose the wanted to save a the money they could or that reason I have modified it so as to make it ten dollars a month.
Mr. FARQUHAR. I most heartily concur in the amendment of the Gentfrom Pennsylvania, [Mr. STizvsss. I regret very much to have to differ with the chairman of the ComInvalidPens [Mr. Pmmak] and with that committee on this subject. I am free to say that the labors of that committee thus for during this session have been most successful. And so far as they in their judgment have seen I proper to go in the extension of pensions, I think their course has been highly commend able, and that the country Will fully sustain them. And I think that the increase of 2 dollars per month, as called for b the amendment of the gentlemau from Pennsylvania [Mr. S'rsvsxsf is demanded by the country, and will be met by the people with hearty commendation. I know t iat the committee have had to contend with great difficulties in the investigation of this question. They have had to contend against a eavy expenditure, while at the same time they have hadto endeavor to meet the wants of those claiming pensions and the demands of the people. And yet I am satisfied the public sentiment of this country will sustain the committee and will sustain Congress in the adoptionof the increased rate of pension repose by the amendment of the Gentfrom Pennsylvania, Mr. Srnvsxsj Now one word in regard to the main proposition before the House, that is, the extension of pensions to the soldiers of 1812; not indis criminately, not to all the soldiers of 1812, but only to the indigent soldiers, and the indigent widows of the soldiers of 1812. Now, I appeal to the chairman of the ComInvalidPens [Mr. Pennant] to say whether that proposition does not reach his sympathies, and also his judgment. And I appeal to him to say whether there is not some mistake in regard to the conclusion at which he arrives, when he tells us that the number of these soldiers and widows will amount to 150,000;
Mr. PERHAM. I suppose I might as well answer the gentleman here as at any other time, and also resume the door, if the gentleman is through with what he desires to say.
Mr. PEltHAM. I cannot yield for much further debate, as I desire to have this subject disposed of soon. In regard to the estimate to which the gentleman refers, I will say that if any bill of this kind should be passed, the gentle man will find that the estimate is under rather than above what it should be. I have not the least doubt about it.
Mr. FARQUHAR. Now to the point. I will refer, by way of illustration, to the city of Baltimore, where I undertake to say there are now more indigent soldiers and indigent wid ows of soldiers of 1812 than in any other like population in this country. It was there that the old flag of the republic had to be sutained and was sustainci in the war of 1812. It was there that the British lion attempted with all his force and power to trail that [In in the dust. A short time since the city of al timore adopted a provision giving pensions to the indigent soldiers and the indigent widows of soldiers of the war of 1812; and there were found only 500 persons who were able to take advantage of that provision. Now, apply that to all the U.S., assuming that there are 20 million people, among whom can be found some of these soldiers o 1812, and at the rate of proportion shown by the city of Baltimore, there would not be 50,000 in the whole country. And if the deduction is made of those who are not indigent, from 2 to 5 million dollars would exceed the amount required for pensions to them. And yet gentlemen will tell us, as one did a week ago when this subject was before up for consideration, that the number of indigent soldiers of 1812 would largely increase if such a bill as this should be passed. Now I repel the charge that the men who bore alo the old flag in 1812,: And who fought to sustain the government at that time, are such a class of men that they would, not now being indigent, violate honor and integrity and their oath for the purpose of obtaining these pensions while they are not entitled to them. I know in regard to my own district that
Mr. PERHAM. What charge is the gentleman re clling?
Mr. FARQUHAR. The charge that if this law should be passed, it will be found that honorable men have put their property in the hands of their children, in order that they may obtain these pensions as indigent persons. I ask whether that statement was not made by the chairman of the ComInvalidPens [Mr. Prensa] when this subject was up before.
Mr. PERHAM. Mr. Speaker, I am inclined to think that this discussion has gone about as far as the gentleman can reasonably expect me to allow it to continue under the circumstances. I think that my language with regard to these soldiers of 1812 has been of the most respectful character
Mr. FARQUHAR. I he e that the gentleman will give me a moment longer.
Mr. PERHAM. I do not think I ought to yield longer. I desire to say, Mr. Speaker, that the Gentfrom Pennsylvania, [Mr. MILLER] who presents this proposition for pensioning the soldiers of the war of 1812, desires that it'should be acted on in the House as a distinct proposition. I desire, too, that a distinct vote shall be had upon the proposition. I did not intend to yield the floor for anyother proposition to come in. I think that any prop position in regard to the increase of other pensions should be acted on as a separate proposition. This is the desire of the Gentfrom Pennsylvania, [Mr. hHLLER] as well as of the committee.
The Speaker. The amendment of the Gentfrom Pennsylvania [Mr. STEVENS] was entertained, no objection being made at the time. It is too late now for objection to be made.
Mr. COFFROTH. Will the Gentfrom Maine [Mr. PERHAM] yield to me for 3 minutes?
Mr. PER HAM: I will yield to the gentleman for that time.
Mr. COFEROTH. I do not desire to discuss this proposition. I merely wish to state that by a resolution adopted by this House on the 2d of May last, the ComInvalidPens was instructed to report a bill in favor of the soldiers and sailors 0t 1812. The committee this morning instructed me to present that bill at. the proper time. When this question is disposed of I will report that bill from the committee. Although a majority of the committee are opposed to the bill, it will be presented in accordance with the resolution of the House. When that bill is reported this whole question will come up, and can then be discussed.
Mr. PERHAM. I new demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered, which was upon the motion of Mn Srnvass to amend the instructions proiosed by Mr. MILLER.
Mr. LeBlOND. Mr. Speaker, would it be in order at this time to move to lay this bill on the table?.
The Speaker. It would be. The bill is now pending before the House on a motion to recommit With instructions.
Mr. LeBlOND. I believe I will make that motion, for the reason just stated b the Gentfrom Pennsylvania, that, under a resolution already adopted by the House, the committee will bring in a bill providing pensions for the soldiers and sailors of the war of 1812. The House ought really not to consider this proposition until it is presented by the bill to be reported from the committee.
Mr. bTEVENS. I will suggest to the gentleman that if the bill be recommitted with instructions we need not act upon it when reported if meanwhile another covering the same subject has been reported and acted ulpon. I think that we had better recommit t is.
Mr. LeBlOND. Exactly. Then, if we desiroa bill of this sort, our proper course is to recommit with the instructions we desire.
Mr. FINCK. I desire to make an inquiry of the Chair. If the amendment of the Gentfrom Pennsylvania [Mr. S'rnvris's] should; be adopted, what will become of the proposition to grant pensions to the soldiers of 1812?
The SPEAKER. The amendment of the Gentfrom Pennsylvania [Mr. STEVENS] " is to strike out the instructions proposed by his colleague [Mr. MlLLER] and insert instructions of a different nature.
Mr. FINCK. I hope, then that the amendment will not be agreed to. wish to vote in favor of the soldiers of 1812. I trust that the Gentfrom Pennsylvania [Mr. S'rsvizivs] will withdraw his amendment. Iunderstand a bill has already been prepared by the committee carrying out the object which the gentleman desires. Let us have a direct vote on the instructions in favor of the soldiers of 1812.
Mr. STEVENS. I must decline to with draw my amendment. On agreeing to the amendment, Mr. STEVENS called for the ycas&nays. The yeas&nays were not ordered.
Mr. STEVENS. I call for tellers on order. ING the yeas&nays.
Mr. LeBlOND. I desire that the House shall vote understandingly. As I understand, the amendment of the Gentfrom Pennsylvania, [Mr. Srnvnxsd if it revails, will cut 08' the soldiers of 1812 altogether. Am I correct in this?
Mr. STEVENS. We simply instruct them to report a bill granting ten ollars as the low est pension.
Mr. LeBlOND. What soldiers? The soldiers of 1812?
Mr. EGGLESTON. I request the honorable gentleman towithdraw this motion, for the reason that I want to vote for the soldiers of the war of 1812as well as for those of 1861.
Mr. HALE. I object to debate. Tellers were ordered; and Messrs. S'rnvsxs and FINCK were a pointed.
Skip Skip The House divi ed; and the tellers reported ayes tive, noes not counted. So the yeas&nays were not ordered. Mr. STEVENS’S amendment was then disagreed to. The' question recurred on Mr. MILLER’S motion to recommit with instructions to report favorably on the subject. Mr. FINCK demanded the yeas&nays. The ycas&nays were ordered. The question was taken; and it was decided in the a ‘rmative ycas 102, nays 11, not voting 69;. So the motion was agreed to. During the vote, Mr. PERHAM stated, as it seemed to be the sense of the House, he would vote in the afirmative. The vote was then announced as above recorded. Mr. MILLER mtRtv taken; upon the table. agreed to. L. RADER.
Mr. PERHAM, from the ComInvalidPens, reported abill for the relief of L. Rader; which was read a 1st and 2nd time. The bill provides for the payment to L. Rader, widow of John Rader, late private company K, 17th Ohioinfantry, a pension during her widoyvhood of 8 dollars permonth. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. PERHAM mtRtv the bill was passed; on the table. agreed to. ‘ADVERSE REPORTS.
Mr. PERHAM, from the same committee, also reported adversely on sundry petitions, resolutions, (lic.; which were laid upon the table. On motion of Mr. PERHAM, the Commit tea on Invalid Pensions was discharged from the further consideration of various petitions &c., in cases already provided for under general law; and the same were laid upon the table. nus. MARGARET A. rAnnAN.
Mr. PERHAM, from the ComInvalidPens, also reported back, with a rec a ommendation that it do pass, Senate bill No. 368, granting a pension to Mrs. Margaret A. Farran. The bill directs the SecyInterior to place upon the)cnsion roll the name of Mrs, Margaret A. liurran, widow of Abram Farran late private 24th battery In.diana fight artillery, and that she be paid a pension at the rate of 8 dollars permonth, to commence from the 16th of February, 1864, and to continue during her widowhood. The bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passe.
Mr. PERI‘IAM mtRtv the bill was passed; upon the table. agreed to. ADVERSE REPORTS.
Mr. TAYLOR, from the ComInvalidPens, reported adversely on the following cases, the same having been provided for by a general law, and they were laid on the table: petition of Joseph J. Murphy; etition of J. l. Moody, asking a nsion for artha Stevens; petition of Mrs. Circline Lang; bill for the relief of Mrs. Anna Burnett. MATILDA J. MONROE
Mr. TAYLOR, from the same committee, reported a bill for the relief of Mrs. Matilda ]. Monroe; which was read a 1st and 2nd time. The bill was read in full. It grants a pension of eight dollars per month to Mrs. Monroe, widow of avid B. onroe, late sergeant in the 62nd Ohio volunteers, and in the event ofher death extends the pension to her mine r fhildren subject to the limitations of the pension aw.
Mr. TAYLOR. I move an amendment by inserting after the word “ widowhood” the words “ commencing on the 16th day of March, 1863." There wasa question raised in the committee whether the pension should commence from the date of the death of her husband or from the passage of this act, and it was finally agreed to submit the question to the House.
Skip Skip The amendment was agreed to. The bill, as amended, was then orderengross and read a 3rd time; and be in g engrossed. it was accordingly read the 3rd time and passed.
Mr. TA LOB. mtRtv the bill was passed; upon the table. agreed to. JONATHAN r. BEACH.
Mr. TAYLOR, from the same committee, reported a bill for the relief of Jonathan W. Beach; which was read a 1st and 2nd time. The bill was read in full. It grants a pension of 25 dollars permonth during the petitioner‘s blindness, to commence from the passage of this act. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly rend the 3rd time and passed.
Mr. TAYLOR mtRtv the bill was passed; upon the table agreed to. Q CHILDREN OF SALVADOR ACCADI.
Mr. TAYLOR, from the same committee, reported a bill for the relief of the mine r children of Salvador Accndi; which was read a 1st and 2nd time. The bill was read in full. It grants a pension of 8 dollars permonth to Adria Lavinia, children of the late Salvadtir’ffc‘adT, musician in the U.S. Navy, commencing from the lot ofJanua, 1864, and to continue until the youngest chihl shall be 16 years of age.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingl read the 3rd time and passed. Mr. TAYLOR mtRtv by which the bill was passed; upon the table. agreed to. JANE E. MILES.
Mr. TAYLOR, from the same committee, reported back Senate bill No. 299, granting a pension to Jane E. Miles, with a recommendation that it do pass. The bill was read. It nts a pension of 8 dollars permonth to rs. Miles, widow of William D. Miles, late lnndsman in the Navy, commencing from the 22d of March, 1865. The bill was ordered to a 3rd reading; and it wait1 accordingly read the 3rd time and passe.
Mr. TAYLOR mtRtv the bill was passed; upon the table. agreed to. ENEBANCB GOULER.
Mr. TAYLOR, from the same committee reported a bill amendatory of an act entitled “An act granting a pension to Mrs. Enierance Conlerf’ which was read a 1st and 2nd time. The bill was read in full. It continues the pension heretofore granted to Mrs. Gouler, in the event of her death, to her mine r children under 16 years of age, had by her late husband, Charles Gouler, private in the 9th NewHampshire volunteers. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. TAYLOR mtRtv the bill was passed; upon the table. l some 1. Burns.
Mr. LAWRENCE, of Pennsylvania, from the ComInvalidPens, reported a bill for the relief of Edgar '1‘.‘Harris, of WestVirginia; which was read a 1st and 2nd time. The Jtresolution was orderengross] and read a 3rd time; and being engrossed, it was accordingly read the thirt time and passed.
Mr. LAWRENCE, of Pennsylvania, mtRtv the bill was passed; upon the table. agreed to. MARY C. HAMILTON.
Mr. LAWRENCE, of Pennsylvania, also, from the same committee, reported back, with the recommendation that it do pass, bill of the Senate No. 656, grantinga pension to Mrs. Mary C. Hamilton. The bill was ordered to a 3rd reading' and it was accordingly read the 3rd time and passed.
Mr. LAWRENCE, of Pennsylvania mtRtv the bill was passed; upon the table. agreed to. sun“! J. PURCELL.
Mr. LAWRENCE, of Pennsylvania, also, from the same committee, reported back, with the recommendation that it do ass, bill of the Senate No. 314, for the relic of Sarah J. Purcell. The bill was ordered toa 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. LAWRENCE, of Pennsylvania, mtRtv the bill was passed: upon the table. agreed to. ADVERSE REPORTS.
Mr. LAWRENCE, of Pennsylvania, also from the same committee, made adverse reports in the following cases: Mary B. Farr, of Pennsyltania, 'Mnry C. Hamilton John Fowler, Elizabeth H. Prummer, and John Garner; which were severally laid upon the table and ordered to be printed. SOLDIERS AND SAILORS OF THE WAR 0? 1812.
Mr. COFFROTH, from the ComInvalidPens, reported back, with a recommendation that it. do pass, billof the House No. 665, ranting pensions to the soldiers and sail ors oi the war of 1812, and those engaged in Indian wars during that period.
The Speaker. The morning‘rlliour having expired, the bill goes over until 'day next. TERRITORIAL OFFICERS.
Mr. SMITH, by unanimous consent, introduced a bill requiring the officers of the territories of the U.S. to hold their of fices and file their papers at the capitals of the Territories; which was read a 1st and 2nd time and referred to the ComTerritor. LAND Dls'rltrc'r IN NEBRASKA.
Mr. HITCHCOCK, by unanimous consent, introduced a bill to establish an additional land district in the Territory of Nebraska; which was read a 1st and 2nd time and referred to the ComPubLands.
Skip Skip LEAVE OF ABSENCE. The Speaker. The Chair asks indefinite leave of absence for the Gentfrom NewYork, Mr. BERGEN. No objection was made, and the leave was granted. PAYMENT son HORSES, ETE.
Mr. LATHAM. I ask unanimous consent to oli‘or the following resolution: Resolved.That the ComMilAffairn ho instructedto report an amendmentto the not of March 3. 1849, providing payment for horses and equipments of officerslost by accident beyond the control of the owners.resulting from the management of railroad transportation while in the service of the U.S.
Mr. ROLLINS. I must object to that resolution, unless the gentleman will so modify it as to make it one of inquiry, directing the committee to inquire into the expediency, rice.
Mr. LATHAh. Iwill modifyitin that way. No objection bein made, the resolution, as modified, was agree to. TARIFF BILL.
Mr. MORRILL. I now move the rules be suspended and the House resolve itself into ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, an for other purposes.
The Clerk resumed the reading o the bilL by paragraphs for amendment, commencmg as follows: SEC.2. Abife: Thatin lieu of the duties heretofore imposedbylaw on the articles here inaftermentioned and on such as may now be exempt fromduty. there shall be levied collected and paid on the goods.wares and merchandise herein enumerated and providedfor. imported from foreign countries.the fol owiu duties and rates of duty. that is to say: on woolen c oths.woificn shawls and all wool manufactures of wool. of every description. made or in ipart of wool. not herein otherwise provided for. fiy cents perpound and in addition thereto. 3Eva%. advalorem. No amendment being offered,
The Clerk read as follows: On flannels.blankets. endless belts or felts for pager or printing machines.hats of wool. knit goods. almorals. woolen and wqrstedyarns, and all manufacturesof everydescription.composedwholly or in part of worsted.the hair of the alpaca.goat or other ike animals. except such as are campus in part oefxcweeodoli.nngoftorottyherwise provided for. valued at not cents perpound. 20 cents perpound: valued at above 40 cents perpound and not exceeding 60 centsper pound. t irty centsper pound; valued atabove 60 cents perpound and not exceeding 80 centsperpound. 40 centsper pound; valued at above 80 centsper pound. 50 cents perpound. and.in addition thereto, upon all the above namedarticles. 35%. advaloreni.
Mr. RICE, of Massachusetts. '1 move to amend this paragraph by striking out the words “endless belts or felts for paper or printing machines.” That will leave this article subject to the dnty'which it now bears, of 35%, This article is manufactured to only a very limited extent in this country. I think there is but one establishment that manufactures it; and I am not certain that that establishment manufactures endless belts. I think it will meet the public exigencies quite as much to strike this out as to leave it in. And there is another consideration which should lead to the adoption of my amendment. There will be endless trouble in collecting the duties under this paragrn li if it is allowed to pass as it now stands. ’1‘ iese articles in great variety arcimported in the same bale. And if this section is passed as it now stands, it will necessitate the opening and examination ofcach bale at the customhouse. in order to determine the duty to be paid upon each variety of this article contained in the same bale.
Skip Skip The question was taken; and upon adivision there were ayes 47. noes noteounted. So
The Clerk read as follows: on bunting 20 cents persquare ard. and, in addition thereto.35%.a valorcm.
Mr. LeBlOND. I move to strike out this pin ra h. Gentlemen will remember that this artic e is not manufactured in this country; I believe it is all im orted.
Mr. MARSTOI. It is manufactured in this country now.
Mr. LeBlOND. I am aware there is one establishment in this country, of which GenlButler is the foundation. That is the only buntin establishment in the U.S. of which have any knowledge.
Mr. BOUTWELL. I think the Gentfrom Ohio [Mr. LEBmxn] is in error. I do not know about the establishment in which he saysGenlButler is interested. But there are other bunting establishments in which general Butler is not interested.
Mr. LeBlOND. I have no knowledge of them. Iknowthereisonewhieh hasbeen started since the late war commenced, in whichGenlButler is the foundation. And if it be the case that we have but one establishment in which hunting is manufactured, I think this article should not have any duty placed upon it.
Mr. MORRILL. The manufacture of bunting is a very difficult manufacture, and one which has never yet been successfully carried on in this country. During the late war we passed. in an approriation bill, I believe, a provision directing this SecyWar and the SecyNavy to purchase American bunting, provided it could be purchased at a price not exceeding the market value of imported bunting. Under these circumstances some establishments have attempted its manufacture. It is found, however, that these establishments will be compelled to abandon its manufacture on a simple advalorem duty. We propose to place a specific duty on all other woolen goo s. If there is any article upon which we ought to place such a duty as will enable the American people to manufacture it, it is that kind of clot that bears the stars and stripes. I trust that we will at east be no longer disgraced and degraded n the eyes 1‘ the world by flying at our mast heads bunting made by foreigners. And ifGenlButler is at the bottom of this manufacture, it is a recommendation ofit. The amendment of Mr. Li: BLOND was not agreed to.
The Clerk read as follows: On women's and children’sdress goodsand real or imitation Italian cloths. composedwholly orin part of wool worsted the hair of the alpaca goat or other (like animals. valued at not exceeding 25 centsthe squareyard, 6 cents persquareyard and in addition thereto. 35%. advalo rsm valued at above 25 cents the square yar. 8 cents persquare yard and in addition thercto. 40%. advalor em: provided. That yoanradl.ltgoodsweizing 4 ouncesandover persquare ie duty shall be 50 cents perpound and in addition thereto. 35%. advalorem.
Mr. MORRILL. I move to amend this par agraph by striking out the words “ 25” where they occur, in 2 places, and to insert in lieu thereof the word “ 20.” I will say in explanation of that amendment that the ComWays&Means examined the rates reported by the wool manufacturers and the Wool growers of the country, and revised with seine severity the bill reported by those parties, cutting down the duties in several instances. Upon a reinvestigation of the subject we find that we have done injustice in relation to the goods embraced in this paragraph. They are dress goods and are made at very inconsiderable irices abroad. T in amendment was agreed to.
The Clerk read as follows: evOenryclothing readymade and wearing apparel of df‘SCfltion and Balmoral skirts and skirting. andgoods 0 similardescription or used for like purposes.composedwholly or in part of wool. worsted. the hair of the alpncn. goat or other, like animals. made up or manufacturedwholly or in part by the tailor. seamstresso.rmanufacturer, exceptknitgoods. 50 centsper ouud. and.in addition thereto. 40%. advonorcm.
Mr. MORRILL. I move to amend by insertin at the end of the paragraph just read the fo lowing: On webbings.beltings. bindings. braids. galloons. fringes gimps.cords. cords and tn ssels.dress trim mings.head nets. buttons or barrel buttons or but tons of other formsfor tasselsor ornaments.wrought by hand or braided by machinery. made of wool. worsted or mohair or of whichwool.worsted, orme hair is the component material. unmixed With silk. 50 centsper pound and in addition thereto. 50%. advalorem. The articles named in this amendment are small articles made for dress trimmings. They are of difficult manufacture. There are in different parts of the country several establishments which manufacture these articles. especially onein Cincinnati, which ought to be sus‘ tained. The duties proposedin the amendment are no higher than those recommended (in silks and goods of a similar class.
Mr. KELLEY. I desire to ask the chair man of the ComWays&Means whether it would not be better to insert this in the paragraph beginning at line 82, on pace 12. in. MORRILL. No, sir; I prefer 10 have it inserted here.
Mr. KELLEY. I move to amend by striking out, in line 46, the word “ 40 " and insertingiii lieu thereof the word “ 50. ” The clause which I propose to amend provides that on clothing “ manufactured wholly or in part by the tailor, seamstress, or manufacturer, except knit code, " the dutyshallbe “ 50 cents perpountfiand, in addition thereto, 40%. advalorcm.” I propose to make the duty 50%. advralorem. Upon cloths and other materials for wearing apparel the duties are the same as provided in this paragraph. Therefore, where the article is more miinn actured, involving more labor, and that the hand labor of men and women, but more largely of women, this really has the effect of diminishing the duty: On a suit of clothes, the cloth of which would cost 50 dollars, the whole increase of duty by this is 91, 763c, ents not one dollar. Yet this question involves the employment of the widows and many of the orphans of our soldiers. It involves the labor of the poorest of our people the needy women of the country. A' large amount of the clothing worn in the northern States comes to us now from Canada and the Provinces. It is madeott'cheap English cloth; and it really reaches our mar kets at a lower rate of duty with this increase of labor upon it than it does in the condition of cloth in bulk. I ho c the chairman of the ComWays an Means will consent to the amendment which I offer; or, at any rate, I trust it will be adopted.
Mr. MORRILL. I must oppose the amendment. The gentleman has not read the bill correctly. y referrin to page 6, line 25, he will find that cToth ays in addition to the specific an advalorem duty of only 35%. We d6 propose that these arti vclcs ofready made clothing shall have more protection than the mere clot; and 5%. additional is what the committee have a ed upon. I trust that it will not be change. The amendment was not agreed to.
Mr. RICE, of Massachusetts. In pursuance of the suggestion of the chairman of the ComWays&Means, I move tbs mend by inserting at the end of line 26, on page 6, the words “on endless belts or felts for paper or printing machines 20 cents perpound, and 35%. advalo rem.
The CHAIRMAN. It will require unanimous onsent to go back to that paragraph, which has been passed. There was no objection, and
The Clerk read as follows: On Aubusson and Axminster carpetsand carpets weren whole for rooms. 50%. ad ealorem; on Saxony. Wilton and Tournay velvet carpets. wrought by the Jaequard machine. 70 centsper square ard and in addition thercto. 35 percen t. azroalorem, on Brusselscarpetswrought by the Jaequard machine.44 centsper squareyard and in addition thereto.35%. a valorcm; on patent velvet and tapestryvclvetearpets. printed on the warp or otherwise. 40 cents persquare ard and in addition thereto.35%.a aalorem;on tapestryBrusselsqarpetsprinted on the warp or otherwise. 2oi l it cents persquareyard and.in addition thereto. t irty 5%. ad on orem; on trebleingrain. 3 ply and worsted chain Venetian carpets. 17 centsper squareyard and in addition thereto.3'5%. advalorem, grziincarpets. on yarn Venetian and two ply in 12 cents persquare ard. and.in addition thereto.35%.a valor em:on, druggetsand bookings. printed. colored or otherwise. 25centsper squareyard: on hempor Jute carpeting 8 cents or squareyard: on car. pets iindcarpetingsof woe. flax or cotton or parts of either, or other material not otherwise herein specified. 40%. advalnrem: Provided That mats.rugs, screens, covers. hassoeks. bedsides and other portions of carsets or carpeting shall be subjected to the rate of duty herein imposedon carpets or carpetingoflike characteror description. and that the duty on all other mists.(not exclusively of vege ftoarbtlye lmivaeterial.) screens.hassocks and rugs shall be%.ad valorem. Mr. ALLISON. I move to insert, page 8, line 67, after the word “ yar, the words ‘and 35%. advalorem."
The Clerk read as follows: On oil elothst‘or floors. stamped. painted. orprinted. valued at 50 centsor less per5 unra yard. 3 I fivo%. advalorem; value at. over 50 cents persquareyard and on all other oil cloth. (except silk oil cloth.) and on water proof cloth.not otherwise provided for. 45%. ad nalarcm: on oil silk cloth. 60%. advalorciii. No amendment being offered,
The Clerk read as follows: SEC. 3. Abife: That in lieuof the duties heretoforeimposedbylaw on the importation of the articles hercaftermentioned. there shall be levied. collected, and paid the following duties and ratesof duty. that is to say.0ii cotton.raw or unmanufactured centsper pound.
Mr. MORRILL. Ofconrse it will be under stood by the committee that the rate to be imposed must be the same as the rate im osed in the internal tax bill, and I move thatt efilling of the blank be reserved for the present. There was no objection, and it was ordered accordingly.
The Clerk read as follovirs: On all manufactures of cotton. exccptjeans. den ims. drillings. bod tiokings. ging innis. plaids. cot tonades.pantaloon stulfs.corset Jeans. contils, Mitrspillcs.satteens and goodsof like descriptionand for similarusc.) not bleached.colored. stained aimed, or printed.five cents persquare yard: if b 5 and a half cents percached. square yard: if colored. stained. painted or printed. live and a.halfcents persquare yard and in addition thereto.ten or cont. ad'valorem: Provided. That all cottons ii ove describedexceeding200 threadsto thesquare inch. counting the warp and filling or weighing less than 5 ounces to the square yard, shall pay ten peti cent. advalorem in addition to the foregoing ra es.
Mr. HALE. I call the attention of the chairman of the committee to what seems to be an ambiguity in this paragraph. Is it the intention that the 10%. advalorem in the 14th line shall apply to all of the items specified, or only to the ast one? There is an ambiguity which I think should be corrected.
Mr. MORRILL. It is intended to apply only to the last one. It is the law as it now is, and there has been no trouble in regard to the construction.
The Clerk read as follows: On all cotton ‘eans.denims.drillings. bed tickings. ginghams.plai s.cottonadcs.pantaloonstuffs.corset mans. eoiitils. Marseilles. sattecns and goodsoflike description or for similaruso. if unbleachedasixcents persquare and; if bleached.six anda half centsper sguare ynr: ifcolored, stained. painted. orprinted. 6 and a half centsper squareyard, and.in addition thereto, 15%. ad oalorem: Provided. That all cottons above described exceeding200 tfihllrienagd. s to the square inch. counting the war and shall payone cent er squareyard in ad ition to the foregoing rates: all providedfurther. That. no cotton yarn or iccc goods shall be admitted at rates of duty less than 40%. ad etilorem.if leached or at lessthan 45%. advalo rem, if co ored.stained.painted or printed. No amendment being offered,
The Clerk read as follows: On spool thread. of cotton. 6 cents perdozen spools.containing on each spool not exceedingone thhuinrtdyrepderycaerdnst.oafd tohnrleoaredm, a;nedx.cienedaidndgiotine en htuhnerderteod yards. for every additional 100 yards of thread on each spool or fractional part thereof in 9xcesspfono100yards.six centsperdozen.and. in addition thereto, 30%.ad oalorcm. No amendment bein offered,
The Clerk read as fo lows: ‘On cotton thread or yarn when advanced beyond single yarn by twisting 2 or morestrands together. ifnot wound upon spools. 40 cents per pound and in addition thereto 35%.ad valorem: Provided. That loosefloss.cotton thread.ambroidery cotton or mendingcotton shall be subsect to a duty tohf irttwyc finvtye cents per pound and in addition thercto cent. ad oalorem: on cottonyarns not advanced beyondsingles and not finer than number 50. 20 cents perpound and in addition thereto 35%. ad calorem; when finer than number 50 and not finer than number 100. 40 cents per pound and in addition theroto 35%. ad calorcm; when finer than Itlhllirlltye firvoen peerhcuenndtr.eadd.pfialllmy ccmen.ts perpound and
Mr. MORRILL. I move to insert after the word “yarn” page 10, line 49, the words “ warp or wet.”
The Clerk read as follows: On webbing.tapes.anlloons and bindings.plain or otherwise and on braids. madeofcotton or linen or of cotton and linen. 30 cents perpound and in addition thereto.35%. advalorem.
Mr. WASHBURN, of Massachusetts. I move to strike out “ 30 cents perpound” and insert “one inch wide and under, 60 cents perpound, and on all that is over one inch wide 25 cents perpound;” so that it will read, “on webbing, tapes, gal loons, and bindin, plain or otherwise, and on braids, made 0 cotton or linen, or of cotton and linen, one inch wide and under, 60 cents perpound, and on all that is over one inch wide, 25 cents perpound, and, in addi‘tion thereto, 35%. advalorem.” I simply wish to call the committee’s attention to this amendment. All these narrow tapes are manufactured from yarn upon which there is a duty of 40 cents perpound by this bill. Now, it is proposed to put a duty of only 30 cents perpound on this tape manufactured from the same article. By the amendment which I offer these narrow tapes on which the labor is about 5 times as much as on the wide tapes, will have a greater protection. On the wider tapes I propose to reduce the tint to 25 cents, because they are made from coarser yarn and the labor'is very much less. That is all the protection that is necessary for the coarse tapes. But when you come to these narrow tapes, which require the finest material and 5 or 6 times the amount of labor that the others do, clearly there should be a discrimination.
Mr. MORRILL. I think the gentleman is right, and I shall therefore offer no objection. the amendment was agreed to.
Mr. HALE. I move to amend by addin after the word “thereto” the words “in enc case.”
The Clerk read as follows: On hosieryshirts and drawers and on knit goods made wholly of cotton.not otherwise provided for, 30 centsperpound.and.in additionthereto. 35%.ad onlorcm. No amendment bein offered,
The Clerk read as fo lows: 0n cotton places.insertings.gim s, and trimmings of every description. if exclusive y of cotton or of cotton with lincnnif not dyed or colored. 40%. ad oalorcm; if dyed or colored. 45%.ad oaloreui. No amendment being offered,
The Clerk read as follows: On cottonvelvet. velveteen.corduroy or other like manufactures, andon all manufacturesof‘cotton and ofcotton Withothermaterials.not otherwise provided for in this act. 40%. a onlorcm: i oerded. That a distinct statementof the quantity, by yards. gf all a(zlottonvelvets.velveteens and like goods shall 0m c. No amendment being offered,
The Clerk read as follows: On ready madeclothing or wearing apparelof silk or of which silk shall be a component material of chief value.madeup wholly or in part. 60%. adoalorem. No amendment bein offered,
The Clerk read as fo lows: Onmanufacturesofcotton.linen.silk. wool, worsted or other material.if embroideredor tambouredin the loom or otherwiseby machinery or with the needle or other process and of which the cmbroidering or tambouring is the chief value. 50%. adva lorem. a No amendment being offered,
The Clerk read as follows: On all ribbons. beltings. galloons.hat bands, bi nd'ings. braids. fringes. gimps, cloa and dress trim mings.fancy buttons.cords, dress rdsdassels.cords and tassels.head nets. head dressesn.eck tics and scarfs.madeof silk or of which silk is a component material, 75%.ad valor em.
Mr. KELLEY. I desire to ask the chairman of the committee whether it would be incompatible with other provisions of the bill to insert the words “cotton and woolen” after the word “silk ” so that it will read, “made of silk, cotton, and woolen.
Mr. MORRILL. I think it would. We have already made a provisionfor these articles so far as worsted is concerned. If the are part cotton and art wool, they are rovided for.
Mr. KEL EY. if they are 0 cotton, is there any provision for them? It is a growing branch of manufacture.
The Clerk read as follows: On lastings.mohair cloth. silk twist or other manufactures o cloth. wovcnor madein patternsof such size, shape and form or cut in such manner asto be fit for use in the manufacture of shoes.boots and booteesexclusively.not combinedwith India rubber. 50%. advalorem.
Mr. MORRILL. I move to insert after the word “rubber, ” the words “and lastings in the piece.”
The Clerk read as follows: On lastings.mohair cloth. silk twist or other manufacturesof cloth. wovenor madein patternsofsuch size.shape and form or cut in such manner as to be fit for usein the manufactureofbuttons exclusively not combined With India rubber, 10%. advalorem. No amendment bein offered,
The Clerk read as fo lows: SEC. 4. Abife: That. in lieu of the duties heretoforeimposedbyla won the importation of the articles hereaftermentioned.there shall be levied. collected and paid the following duties and trwateenstoyfdnty. that is tosay: onliax, unmanufactnred. dollars perton; on flax. hackled. known as dressedline. 45 dollars perton: on tlax. of ttowwe.nfityve dollars perton: on jute. unmanufactured. dollars perton; on burla s.canvaspuddings cot bottoms.duck, and all manu actnresofynte or of which jute is a component material of chief value. not herein otherwise provided for. 3 cents persquareyard and in addition thereto; 30 percant. do!valorcm.
Mr. MORRILL. I move to insert after the words “manufacture of" the words “piece goods made of, ” so that it will read, “ manufactured of piece goods made of Jute.”
Mr. GRINNELL. I move to strike out the words “ 3 cents” and insert “two cents." This will reduce the cost of bagging required for wheat, oats, and other grain by the farmers in removing their crops. As we cannot supply this article ourselves, I think the duty oug tto be lowered. I
The Clerk read as follows: On all other manufacturesofjnte or of which into is a componentmaterial of chief value. not herein (litherwiso provided for. 35%. ad ou orem.
Mr. McRUER. I move to add the words “on liIanilla cordage untarred, 3 cents perpound.” The present duty is 2 and a half cents, which, With the internalrevenue tax, I contend is not asutficient protection to enable us to compete with the cheap labor of Manilla. I think the amendment will meet the approbation of the ComWays&Means.
Mr. HOOPER, of Massachusetts. I that the gentleman vary the languagesuggest 0 his amendment so that it shall be “on cordage of Manilla hem untarred, 3 cents perpound.”
The Clerk read as follows: On gunny cloth. gunny bags. cotton baggin or other manufactures not otherwise herein proyddeyl for. suitable for the usesto which cotton bagging is. applied. composedwholly or in part of ham.Jute. flax or other material valued at ten centsor espper squareyard. 3 centsper pound and in addition thercto. 30%. ad oalorem. valued at over ten centsper squareyard. 4 centsper pound.and. in addition thereto.35%.ad calm em.
Mr. MORRILL. I move to strik out “ 30%.” and insert “ 15%., ” and also to strike out “35%.” and insert “ 20%." 'Mr. RICE,0 Massachusetts. I rise to suggest to the chairman of the committee the expediency of striking out the advalorcm duty altogether. The article of gunny hags and gunny cloth is a veryimportant one in Amer ican commerce, an the importation of it is. confined almost entirely to American mer chants. I understand the quantity now imported is hardly equal to the present increasing demands of the country for this class of mer chandise, and many of the reasons assigned by the Gentfrom Iowa for a reduction of duty in the section immediately preceding:1. ply also to this. The present duty on gunny cibth and gunn ba s is 3 cents a ound, amounting, as anderstand, to 6 an 3/8ths cents peryard. Now, if this duty of 30 and 35%. advalorem be added it will be seen how enormous will be the duty on an article the value of which is but ten cents peryard. As there seems to me to be no good reason why this excessive bur den should be put on this article, and as the public convenience will be promoted by striking it out, I hope the chairman of the committee will consent to modify his amendment by striking out the advalorem duty altogether. If not, I will make the motion myselfto strike out the words “and, in addition thereto, 30%. advalorem, ” and also the words ‘and, in addition thereto, 35%. advalorem.”
The CHAIRMAN. The Chair is of opinion that that is not in order, because it proposes to strike out more than the original amendment.
Mr. RICE, of Massachusetts. Then I ask the chairman of the committee to accept it.
The CHAIRMAN. It will be in order after the other amendment is disposed of.
Mr. RICE, of Massachusetts. Then I give notice that I shall otfer it. The amendment offered by Mr. MOB BILL was agreed to.
Mr. RICE, of Massachusetts. I now move to amend this paragraph by strikin out the words “and, in addition thereto, fieen%. advalorem, " and also by striking out the words “and, in addition thereto, 20%. advalorem.”
Mr. HOOPEH, of Massachusetts. Will my colleague [Mr. RICE] allow me to make a suggestion to him? That is, that if he will move to strike out the whole paragraph the duty will be left as it is under the existing tariff.
Mr. RICE, of Massachusetts. I will accept the suggestion of my colleague, [Mr. Hoorsa] and move to strike out the entire paragraph. The paragraph, as amended, was as follows: On prunny clotli.sunny bags. arid cotton bagging or other manufacturesnot 0t crmse herein provided for. suitable for the uses to which cotton baggingis applied, composedwholly or in part of hem, jute, sflqauxa. roeryoatrhde, rtmhraeteecrieanl tvsiip.eurepdoaut ntedn, acnedn, tsine radedsistpioenr thereto. 15%.ad valor cm;valued at over ten centsper squareyard. fonr centsper pound, and, in addition thereto, 20%. ad calm cm. g in. HOGAN. If the House will indule me a few moments, I will say that I favor this amendment of the Gentfrom Massachusetts, [iMr. Rics] and I hope it will be ado ted. We neither make this article of gunny clot nor manufacture it into bugs in this country. This guuny cloth is absolutely necessary for bags in which to transport the grain of this country. I hope the old tariff, the one under existing laws, will be allowed to stand. There will be nothing gained by increasing the duty on this artiole except to put money in the pockets of some men who now have a large amount of this stulf on hand; and it will be a direct tax upon the people of the West. h
Mr. MORRILL. I merely desire to say to the Gentfrom Missouri, [Mia HOGAN] and also to the Gentfrom Massachusetts, [Mr. Rics] that their purpose will not be accomplished by. striking out this entire para graph, for the reason that manufactures of flute are provided for in a different part of this bill. If they desire to accomplish their purpose they will have to move to reinsert the tariff as it is under the existing law.
Mr. RICE, of Massachusetts. Then I will Withdraw the motion to strike out this para graph, and I renew the amendment I 1st offered. That amendment is to strike out the words “and, in addition thereto, 15%. ad ralorcmf’ and the words “and, in dddition thereto, 20%. advalorcm." beI'hc amendment was agreed to.
The Clerk read as follows: On jute and coir, or cocoa nut matting or carpeting, 5 cents persquare yard and in addition thereto, 25%. all valor em. No amendment bein offered,
The Clerk read as fo lows: 0n brown and bleachedlinen, damasktable linen, brown Hollands, blay‘, COtltlDR‘cSr, ash. duck. drills, diapersandhuckaliuc s.valued at 30 centsor less persquare yard. 6 cents persquare yard, and, in addition thereto, 30%.ad vulorem; valued at over 30 cents and not over 60 cents or squarayard, ten centsper squareyard and in addition thereto, 35%.ad valorcm; valued at over 6iycents and not over onedollur persquare yard. 15 centsper square yard. and, in addition thereto. 35%. advalorcm; valued at over one dollar persquare yard, 20 cents persquareyard, and, in addition thereto, 35%.ad valorcm, ’on all other manufacturesof ax or linen, or of which flax or linen shalfbe a compo nent material of chief value not heroin otherwise provided for, 40%.advulorem.
Mr. DODGE. I “ move to strike out the word crash" in the 2nd line of this paragraph. That is an article imported from I ussia, and is consumed in large quantities in this country. It is imported to the extent of from 4 to 5,000 bales a year. It is a very cheap article, and is much used by the oorer classes for toweling. It is made by the peasantry of Russia, and is an important article of commerce with that country. It measures about a half a yard in width, and now pays a duty of 35%. This paragraph contemplates throughout articles of the with of a full yard, and under its operations this article of crash would pay about 140%. persquare yard. I move to strike out the word “ crash, ” so that the duty may remain as at present, 35%. advalorcm.
Mr. WILSON, of Iowa. I do not rise so much for the purpose of opposing the amendment of the Gentfrom NewYork, Mr. DODGE] as of making an inquiry of the c air man of the ComWays&Means. I have endeavored to ascertain from an examination of the table that has been printed and laid upon our desks, what the duties upon these various articles are under the existing tariff. But I find that it is almost impossible to deter mine that question by an examination of that table. man of the ComWays&Means [Mr. MoimiLL] how much this bill increases the duties upon the articles enumerated in this paragrap over the duties upon them under the existing tariff. I had supposed that we could ascertain the amount of present duty from this table. But this bill iIs, find, drafted in many respects so differently from the act now in force, that it is almost impossible, without a great deal of care and study upon each provision, to ascertain what changes have been made. And therefore I ask for this information.
Mr. MORRILL. Mr. Chairman, I will say, in response to the gentleman, that under the existing law the duty on these goods when val ued at 30 cents or less peryard is 35%. advalorcm, when valued at more than 30 cents perpound, the duty is 40%. adcalm cm.
Mr. WILSON, of Iowa is 6 cents or pound.
Mr. MOltltlLL, by unanimous consent, with drew his amendment to the amendment.
Mr. STEVENS. Mr. Chairman, I regret ver much to find a gentleman of the sagacity an talents of the Gentfrom Iowa [Mr. Winsmr] still adhering to his opposition to the protection of American industry. He seems determined that the raw material of the West shall be shipped in bulk to feed the workshops 'ofEurope, and that we shall take their manufactures in return for it instead of building up a home market here in the U.S. to consume this raw material, thus saving the heavy expense of transportation. I had hoped the time had arrived for building up in every neigh borhood, in every portion of the country, a mar ket for our home products. We have long enough been tributa to the pau or labor of Europe, and we have long enough been deluded by theidlcideathat when wcputprotectionupou l articles manufactured in this country we injure the consumers here. Sir, every man who has studied the subject must know that in every country the time comes when it is proper that manufactures should spring up ali’over the country and home prod ucts should be consumed there. I had hoped that the great West, with its great interests, its flourishing cities, its noble soil, had reached a time when we were to see all through the valley of the Mississippi great manufacturing cities, such as adorn all similar places in Europe, which consume not only their home prod ucts, but send them abroad cspeciall to young nations; and I am astonished to fin that any gentleman possessing the talent of the Gentfrom owa [Mr. wILSON] should still adhere to the old notion, and insist upon sending the products of the West, its sheep, bullocks, corn, beef, and everything of that kind to England for the purpose of purchasin those articles they need? Sir, Idid not inten to say a word upon the subject of the tariff; but when I heard such antiquated doctrines, which are so erroneous, sent forth to the country by so able a gentleman, I thought it proper to say a word.
Mr. MORRILL. I move that the committee rise in order to terminate debate upon this paragraph. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. SCOFIEIJ) re porte that the ComWhole on the state of the Union had, accordin to order, had under consideration bill of the house No. 718 to provide increased revenue from imports, an for other purposes, and had come to no resolution thereon. CLOSE or DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph of the special order shall close in 3 minutes after the committee resumes the consideration of the same. The motion was agreed to. TARIFF BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended and the House resolve itself into ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (ML. Scorisu) in the chair,) and resumed the consideration of the special order, being bill of the House No. 718, to provide increased revenue from imports, and for other purposes.
Mr. MORRILL. Mr. Chairman, the argument of the Gentfrom Iowa [Mr. W11. sox] would be a very good one if it were only applied in the right place. I think it does not apply to the paragraph now in question. Now, sir, certainly these goods manufactured here are not consumed by the poorer classes. They are such articles as the gentleman comes here clothed in on hot days; they are such articles as table linen and diaper; and the effect of the gentleman’s amendment would be to give no protection at all to these goods, and to strike down the infant manufacture of (lax in the western country, in which the State of Iowa is largely interested. The amount of increase on these articles is extremely small, and I hope that when the gentleman comes to offer his amendment it will be voted down.
Skip Skip The question was taken on Mr. Donon’s amendment, to strike out the word “ crash;” and on a division, there were ayes 50, noes not counted. So The amendment was agreed to.
Mr. DODGE. I now move to amend, on page 14, line 44, by inserting the words “crash, 35%. ad ralorem.”
Mr. KASSON. I would ask the gentleman ifthat is not already included in line 31 of that section, which roads, “on brown and bleached linen, damask table linen, brown Hol lands, bla, coatings, crash, duck, drills, " &c. The C AIRMAN. No debate is in order on this amendment.
Mr. WILSON, of Iowa. Ine w move to amend the paragraph by striking out, in lilies 32 and 33, the words “six cents persquare yard, and, in addition there to, " and to insert after the word “ 30 ” in the 33rd line the word “5;” so that it will read, “ on brown and bleached linen, damask table linen, brown Hollands, blay, coatings, crash, duck, drills, diapers, and liuckabircks, valued at 30 cents pers uare yard, 35%. ad ralorem.” That Will leave the dut as it now is. The amendment was disagreed to ayes 40, noes 58.
Mr. WILSON, ofIowa. I move now to amend the section by striking out, in the 32nd line, the word. “ 6” and inserting in lieu thereof the word “ 3, ” so as to make the dutg upon these goods 3 cents persquare yar.: The amendment was disagreed to.
The Clerk read as follows: On scines or nets madeof flax or hemp thread, yarn, or twine, completedor in parts, valued at not over 75c entsper pound, 15 centsper pound and in addition thereto.35%. advalorrm; valued at over 75cents perpound. 25 centsper pound, and, in addition thereto.35%.ad valoreni. No amendment bein offered,
The Clerk read as fo lows: On fislilines oflinen or twinesoflinen suitablefor fish lines. valued at $2 50 orAless perpound. 40 cents per pound.and, in addition thereto. 35%.ad vuloreni;valued at over $2 5operpound, 60 cents perpound.and, in additionthereto, 35%. ad ealorem. No amendment hein offered,
The Clerk read as to lows: 0n flax thread.linen thread.saddlers’thread, shoe thread, gill net thread or gill net twine, and pack thread and sewing machine thread, valued at 75 cents or lcss perpound.ten centsper pound, an. in addition thereto, 35%.ad im lorem;valued atover 75 cents and not ever 81 copper ound, 20 cents perpound and in addition thereto, 35%. advalued at over pound and in ad oalorcm. No amendment was offered.
Mr. HALE. I move to insert a new ara raph, to follow the one last read by the clerk. this as follows: 0n yarns of flax or hemp.oron towof flax orhem. valued at 75centsor lessper pound. ciiz t centsper pound; valued over 75 and not over 150 cents perpound.17 centsper pound: valued over 150 cents nor pound, 27 cents per pound, an, in addition thereto, in each case35 por cent.ad oulorem. In looking over this bill, it seems to me that the'ComWays&Means have committed an oversight in omitting to provide for the case of yarns, so as to protect the spinner in reasonable proportion to the other manufacturers of flax, hemp, fire. The amendment which I have offere covers the ease of yarns, which are largely imported for the manufacture of thread, twine, seines, nettings, carpets, dte. It seems to me we should not discriini nate in favor of foreign labor, so far as the Iroduction of these yarns is concerned, which think we certainly will do without the amendment I have offered.
Mr. BANKS. I do not rise particularly to o pose the amendment of the Gentfrom NewYork, Mr. Ham 2] because I desire that some provision of the kind therein preposed should be adopted. I think the manufacturers of this country suffer a serious injury from the fact that yarns are imported into this country, which importation interferes with our own manufacturers. And I trust the Gentfrom Vermont [Mr. Manama] will be willing to accest some provision of this kind. I was engage upon a committee of conference, when unlorem; 1’59 perpound. 30 cents perdition thereto. 35%. the ComWhole passed upon the 1st nrticle embraced in this section, being unmanufactured flax, upon which this bill proposes to impose a duty of 20 dollars perton, or an increase of 25%. of the present duty upon unmanufactured flax imported into this country. Manufacturers of flax thread cannot use American flax alone, though they can use it in great part; but they are obliged to use to some extent imported flax. There are but very few districts in Europe where flux is grown that is of the right quality and character to be used in the manufacture of flax thread. Now, in addition to the duty that manufacturers have to pay on this article, and which impedes the manu acture of flax thread in this country, some manufacturers in some parts of the countr, as suggested by the Gentfrom NewYork, [Mr. HAI.E] import yarns at a low rate of duty, thus injuring the manufacture of flax thread. Now, [trust that after the amendment of the Gentfrom NewYork has been disposed of the Gentfrom Vermont [Mr. Momum] will allow me to go back to the clause relating to unmanufactured flax for the purpose of rein stating the present rate of dlltybwhlcll is 16 dollars perton, instead of 20 dollars perton, as propOsed by this bill. I ask this because Iwas detained from the House by service upon a committee of conference when this subject was under consideration.
Mr. MORRILL. I think I must object to going back to that clause.
Mr. HALE. I would suggest to the Gentfrom Vermont [Mr. MORRILL] that e permit the question to be reserved upon the amendment I have offered, together with the subject to which the Gentfrom Massachusetts [Mr. BANKS] has referred, with the privilege of going back hereafter.
Mr. MORRILL. As there might be some injustice done by adopting such a proposition as this without fully understanding it, I will not object to the vote upon it being reserved.
The CHAIRMAN. trequires unanimous consent. hMr. LeBlOND. I object to reserving any t in MI. BANKS. Then I request to be allowed to propose an amendment to the clause in relation to unmannfactured flax. I was engaged upon a committee of conference at the moment it was passed, and returning a few moments afterward, I was unable to make the proposition in time.
The CHAIRMAN. The question must he 1st taken upon the amendment proposed h the Gentfrom NewYork, Mn Ham:5
Mr. BANKS. I now ask leave to offer the amendment I have suggested, and that action upon it be reserved for the present.
Mr. MORRILL. I am satisfied that if the Gentfrom Massachusetts [Mr. Baxss] fully understood the subject to which he refers, he would not go back.
Mr. BANKS. That is what I want; I want to be instructed, and that is why I ask that action be reserved for the present. I was away from my place in performance of a duty assigned me by the House; and therefore I be)e the gentleman will not object. iir. MORRILL. I must object.
Mr. BANKS. Will the gentleman not consent to have action on it reserved for the pres‘ ent?
The Clerk read as follows: SEC. 5. Abife: That, in lieu of the dutiesheretoforeimposedby law on the importation of the articles hereinafter enumerated, thereshall be levied, collected and paid the followmg dpties and ratesof duty. that is to say: on iron.in pigs, 9 dollars perton.
Mr. BUNDY. I move to strike out the word “nine” and insert the word “ ten, ” so as to make the duty on pig iron ten dollars perton. I make this motion for the reason that I am satisfied the duty of 9 dollars pertea is not a sufficient duty on pig iron. I have come to that conclusion from a very intimate knowledge of the iron business during the past few years. Under the operation of the present tariff, according to data furnished by the ritish Trade Circular, during the month of November last, there was enough pig iron imported into this count last ear to equal the reduction of one ha f of alIthe blast furnaces in the country for nearly, if not quite, a year. To my certain knowledge‘the manufacturers of pig iron have been losing money for ten or 12 years, with the exception of one or 2 years. Be sides that, the duty oii pig iron is not in no portion to the duty on any other descrip ion of iron. Neither is it in proortion to the duty on anythiu else for which this bill provides a duty. I 'ope therefore, thatthe committee of Ways and ltIeans will consent that this addition of one dollar shall be made. I make this motion with the view of carring out in future the idea of the gentleman roui Iowa, [Mr. WILSON] that is, that we shall have stability in regard to the duty on iron.
Mr. WILSON, of Iowa. Will the gentleman inform us how much we have reduced the internal duty on pi iron?
Mr.SPALDING. I desire to sayI am in favor of the amendment of my colleague.
The CHAIRMAN. One speeehalready has been made in favor of the amendment.
Mr. SPALDING. Well, then, I will say I am opposed to the amendment because I wish a bigher rate and when I getthrough with the few remarks I have to make Iwill suggest an improvement in the motion of m colleague. ixflliairman, I wish to say Iyam in favor now and at all times in this House of the highest rate of protection to American industry in every shape in which you may bring it forward. I do not limit it to coal or iron or oil; but I go in the most extensive manner for the high est rate of protection to American industry. We are now considering the article of pig iron. I think we should raise the duty on iron imported in every sha e; and while I advocate this increased rate 0 tariff I beg to have read as a part of my argument an extract from a recent number of the London Times; and I ask the attention of the committee to it.
The Clerk read "as follows: Wonvsaii/mrros. Saturday. "The demand for iron keeps very steady. orders coming in day by day and they are pressed for completion. The improvement in the trade with the U.S. is more decided, andiron mastershaving agenciesthere are sanguine of a heavys ring tradewith that country. Stocks arelow at NewYork and requirements for the restoration of railways and all commercialplant very large. Theonly drawback is that the American iron works are far from being well employed, and they are striving earnestlyto get the heavy import duties furtherraised, butit is hoped that southern votes will on that question counteract NewEngland in Congress. Railway orders are lar o and the ancnshire and Yorkshire are in the mar at for 5,000tons. The demandfor hardwaresis improving steadily.”
Mr. SPALDING. I do not think I can add to the force of the iir ument contained in that extract. It shows as that the iron works of the U.S. are not well employed, and that in reference to the increase of duties necessary for the protection and safety of our own interests the British iron interest hopes to defeat it by the votes of.hosewho have been in rebellion against this Government in 0 position to the votes of the loyal States who have upheld and reserved it. [Hbre the hammer fell.]
Mr. MORltILL. I move that the committee rise for the purpose of closing debate upon the ending paragraph. T ie motion was agreed to. So the committee rose; and the Speaker havin resumed the chair,
Mr. SCOI ‘lELD reporte that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the house No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the subject of pig iron shall beter minated in 3 minutes after the committee shall resume the consideration of the same. The motion was agreed to. TARIFF BILL AGAIN Mr. MORRILL moved that the rules be suspended and the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union (Mr. SCOFIELD in the chair) and resumed the consideration of House bill No. 718, to provide increased revenue from imports, and for other purposes.
Mr. MORRILL. I desire merely to correct a statement made by the Gentfrom Ohio [Mr. LBLOND] in relation to the wages paid by our manufacturers for labor. He is certainly very much mistaken in supposing that the manufacturers of this country do not. pay theirern loyes liberally. Why, sir, women employed in manufactories in this country get more wages than men do abroad. And in connection with this iron interest, there is no branch of the business where the laborers of this country do not receive at least double what is paid to laborers for similar work in England. With the exception of skilled labor, the laborers in the iron founderies of this country receiv e 3 times as much as foreign laborers do; and in regard tothose engagedin the manufacture of silk goods our workmen receive 4 or 5 times as much as similar laborers do abroad.
Mr. BUNDY. As I stated before, my reason for proposingntax of ten dollars was that I believed that the committee might a ree to that. I do not wish to make any furt ier remarks upon this subject, but I Wish to have read a brief extract, which I send to the Clerk’sdesk, from Maryland’s British Iron Trade Circular, received by the last steamer.
The Clerk read as follows: “Thereis no prospectof the demandfrom the U.S.subsiding, at any rate until the ordersfor the spring trade are in and have beenplaced. The increase that has beengoing on assumesan extraor dinar character.asevidencedby the returns of the Bear of Trade. the figuresof which were given in full. According to the usual custom.in our last circu lar. Of ir; and piiddled iron. in Novemmber, 1863, wesuppfied 3.402tons: in 1864.380tons; and in the same month of 1865, 12.1).Of railroad iron at the same dates.8, 734097 and 7.141tens; but the month of December will show singularly larger returns in this direction, as our Cardiff and Liverpool reports have testified in each number. Our present Liver pool report. for instance, shows an export of 1, 857 tonsof pig iron. 1, 154 tons of bars.100tonsof hoops. 62bags, 37oasksofnails, 52tonsrod.64tonsofshcets.:1 tonsof wire. 341 packagesof hardware, 4, 700value of machinery, an 12, 850boxes of tin plates to the U.S.in 6 days, from the 22dto the 28thof December."
Skip Skip The question was taken on Mr. LEBi.osn’s amendment, to strike out “nine” and insert. “two” in lieu thereof, and it was disagreed to. The qli3lestion being taken on the amendment of Mr. UNDY, there were ayes 65, noes 42.
Mr. INGERSOLL. I call for tellers. Tellers were ordered; and Messrs. Isonnsou and BUNDY were appointed. The committee divided; and the tellers reported ayes 53, noes 46. So
Mr. MORRILL. A number of articles made of cast iron have been, by an oversight, omitted from the bill. To supply the omission I move the following amendment: Insert after line 5 of section 5 the following: On vesselsof cast iron not herein otherwise provided for and on audirons, sadirons, tailors’ and hatters’ irons, stoves and stove nintesof cast iron, twoand a quartercentsperpound; onglazed, tinned, or enameled cast iron allow ware. 4 and a half centsper pound; on tinned and enameledwrought iron hollow ware. 6 and a half cents perpound; on cast iron steam, gas, water pipe, 2 cents perpound: on cast ironbutts and hinges. 3 cents perpound: on all other castin s of iron not herein otherwiseprovided for, 3 ve%. ad oa lorem.
Mr. KASSON. I desire to inquire of the chairman of the Committee of Yays and Means how these rates compare With those of the present tariff. Mr. vORRILL. On stove plates, sad irons, hollow ware, made of cast iron, the present rate of duty is one cent and a half perpound. On wrought‘iron hollow ware, tin, glazed or enameled, the present duty is 3 and a half cents perpound.
Mr. KASSON. I am in favor of continuin the rates established by the present tariff. hope the amendment will not be adopted.
The Clerk read as follows: On bars rolled or hammered, comprisinizflat bars not less than one and a half inch wide. nor more than 4 inches wide. nor less than half an inch thick. nor morethan 2 inchesthick. one cent and a quarter perpound.
Mr. HALE. I move to amend out in the last line of the paragraphbyJ‘usstrtikrineag the word “quarter” and inserting in lieu thereof the word “half, ” so that the duty shall be " one cent and a half perpound." I understand, Mr. Chairman, that the ComWhole, in sustaining the motion of the Gentfrom Ohio [Mr. BUNDY] in regard to pig iron, adopted what is understood to have been the recommendation of the revenue commission. A schedule of duties upon iron was agreed upon by the iron manufacturers of this country as the very lowest rates under which they could possibly run their mills. This schedule, as I understand, (though 1 have not the right to speak positively on the question,) received the approval of the revenue commission. The rates named in this schedule have been reviewed, and almost uniformly reduced, by the ComWays&Means. The votes already taken indicate, I believe, the sense of the House that in making this reduction the ComWays&Means has erred, and that we ought to adopt the very moderately increased rates approved by the revenue commission. If this amendment shall be adopted, I shall proposea change in a.portion at least of the other provisions, so as to make the rates of duty on the various articles correspond with the rates recommended by the revenue commission.
Mr. HALE. Does the gentleman wish an answer?.
Mr. HALE. Answering for my own district, I would say at least 99 out of every 100, and I think 999 out of every 1,000.
Mr. LeBlO D. Does the gentleman mean tosay that that is the proportion of those benefited by n high protective tariff?
Mr. LEBLOND. Well, I presume that the gentleman lives in an iron district, where almost all the people are miners or workers of ore. If that is the case, I am not surprised at his statement. There are, I doubt not, many other gentlemeffinterested in the same way and who vote in the same manner. But if gentlemen will go among the masses of the American people and ask them whether they are in favor of a high protective tariff, or of a tariff for revenue alone, I think that gentlemen will not be able to misunderstand teresponse which the people will give to such an inquiry. Here the hammer fell.
Mr. C airman, the Gentfrom Ohio [Mr. Li; BLOND] is usuall face tious in his remarks in this House; but think he has been more successful in his last effort than I have known him to be on any previous occasion. He would seem to intimate that the free list in the internalrevenue bill was made specially for the benefit of NewEngland. Why, sir, no gentleman in the Housecan be unaware of the fact that that he was carried entirely by gentlemen from the West. The had it all their own way. In fact, ifa NewEngland man would have any chance at all under that bill, it would be necessary for him to remove into Ohio or west of the Mississippi.
Mr. LeBlOND. If the Gentfrom Vermont would come to the West, we would convert him in a very short time to liberal principles.
Mr. MORRILL. Now, air, in relation to this very article, iron, NewEngland would be very glad to have no duties atoll upon it. It is for the protection of the Ohio, Kentucky, and Missouri interests that the duties are to be increased. But, Mr. Chairman, in all soberness on this subject, we ought to consider it fairly. In the internalrevenue bill we did take off the duty on pig iron; we also removed it upon coal; we also removed it upon freights. The rate proposed b the committee, therefore, was thought to be reasonable, and I hope it w'ill be retained.
Mr. DAWES. I would like to ask the Gentfrom Ohio a single question. I under. stand him to say, by his remarks, that he is in favor of a revenue tariff, but not of a protective tariff.
Mr. DAWES. The gentleman says I understand him correctly. I take it, a revenue tariff must be levied on the manufactured article or on the raw material. I would ask the gentleman upon which he prefers it.
Mr. LEB 0ND. I should have an adva lorem tariff on everything imported, and let that o crate as a protection, as it would inci dental
Mr. AWES. He prefers an advalor cm duty. I understand the experience of every body has proved an advalor emduty is the very best possible method in which the tariff can be defrauded: but I do not understand the gentleman is in favor of it for that reason.
Mr. LeBlOND. We will have honest men in those days.
Mr. DAWES. The duty must be levied on the raw material or on the manufactured article. If you levy it on the raw material on discriminate against American labor, an if you levy it on the manufactured article you discriminate in favor of American labor. You must have either a protective tariff or a tariff which discriminates against American labor. [understand the Gentfrom Ohio to be in favor of that which discriminates against American labor, and there I leave him.
The CHAIRMAN. No further debate is in order on the amendment.
Mr. MORRILL. I shall move that the committee rise unless it be agreed that debate shall terminate on this subject of bar iron. There was no objection; and it was so ordered.
Skip Skip Mr. MORRILL, by unanimous consent, withdrew his amendment to the amendment. The question recurred on Mr. HALs's amendment. The committee divided; and there vereayes ‘23, noes 64. Mr. HALE demanded tellers. Tellers were ordered; and)Icssrs. Ht LEfl nd On'rn were appointed. The committee again divided; and this tellers reported a Yes34, noes 59. So the amendment was disagreed to.
The Clerk read as follows: On bars rolled or hammered, comtprising ii at bars lossthan oneand a half inches an moreth in 4 inchesWide and lessthan 1/2 of an inch thick and not thinner than one 4th of an inch, 1 no an thharmeemqeuraerdt,ers nts peround; on bars I" lied or co rising a Lsizes thinner than one 4th of an inch and not thinner than numbereight Wire gauge.two cents perpound; on all Silt s hoop. band or other descriptions of iron, thinn sr than number 8 wire gauge, 2 and 1/2 cents perpound. No amendment bein offered,
The Clerk read as fo lows: On bars or rods. round or square, not less than 7/8th of an inch diameter or squarto, nor morethan 2 inches diameter or square.cne and one quartercentper pound.
Mr. HALE moved in line 22 to strike out “one quarter” and insert “ one a In I
Skip Skip The CHAIRMAN stated that debate was not in order.
Mr. MOORHEAD hoped the amendment would be adopted and demanded tellers. Tellers were ordered; and Messrs. Moon HEAD and COOK were appointed. The committee divi ed; and the tellers reported ayes 31, noes not counted. So the amendment was disagreed to. I
The Clerk read as follows: Onbars or rods, round or square.less than 7 8ths of an inch diameterorsqnare.andmorethan 2 inches diameter or square, andnationsthannine 16thsof an inch round orsquare.one and 3/4th cents perpound; on bars or rods. round or square.lessthan 9 16tlis of an inchdiameter or square and not les'sthan 5 16ths of an inch diameter or square.two cents perpound: on rods lessthan 5 16ths of an inch diameteror square and lessthan number 9 wire gauge.two and a half centsper pound: on rods lessthan number 9 wire gauge. 3 cents perpound' on all sizesof nail rods, slit or rolled. 2 and a balfcents perpound: on all sizes. oval. half oval and half round iron, 2 and a half cents perpound: on all sizesof plate iron. not thinner than numberten wire gauge.two cents or pound: on sheetor plate iron thinner than num or ten wire gauge mnd notthinner thannumber 18 wire gauge.twoand one 4th centsper pound; onsheetor plate iron thinner than number 18 wire gauge and not thinner than number 22 wire gauge, 2 and 1/2 centsper pound: on sheetor plate iron thinner than number 22 wire gauge, 2 and 3/4th cents perpound; on polislied sheet iron,0f all descriptions. 4 cents peround: on iron hoops.cut to uniform length or lengt is. fit for use.all sizesand descriptions.two and 3/4thscentsper pound. 0n iron of any description lessfinished than bars and more advancedthan pig, blooms.slabs, or muck bar. onecent perpound: Provided, That all iron in slabs, blooms.loops or other forms.less finished than bins and moreadvancedthan pig iron, excepteast ings shall payone and a quarter cent per pound.
Mr. MORRILL. The Gentfrom NewYork [Mr. HALE] has suggested an ambiguity about the last paragraph, and I therefore move to strike out all after the word “on” in the 1st line down to and including the word “that, ” and also to strike out the words “shall ay;” so that it will read, “ on all iron in slabs, blooms, loops, or other forms, less finished than bars and more advanced than pig iron, except castings, one and a quarter cent perpound.’
Mr. DODGE. I move to amend on page 17, line 50, the paragraph in regard to polished sheet iron. the CHAIRMAN. The committee have passed that, and it will require unanimous consent to go back.
The Clerk read as follows: On iron of any size or description, not included, embraced or enumeratedin this act, one and 3/4ths of a cent perpound: on chains or cablesor partsof cablesor chain. madeofiron rodsmorethan vo 8ths of an inch in diameter. 3 cents perpound.
Mr. MORRILL. I move to insert before the word “chains” where itt1st occurs the words “anchors or, ” so that it Will read, “on anchors, or on chains or cables, or parts of cables."
Mr. PIKE. I move to strike out the words “ 3 cents" and insert “two cents;” so that it will read, “on anchors, or on chains or cables or parts of cables or chains, made of iron rods more than 5 8ths of an inch in diameter, 2 cents perpound." The present duty on anchors is 2 and a quarter cents, and on chains 2 and a half cents. I suppose this will be ordinarily about 100%. advalorem. I am not aware what the present price is, but in ordinary times they make chains in England fore3 or 4 cents a pound, and frequent] less. Therefore 2 and a half cents a pound duty is nearly 100%. I do not know wh this increased rate of 3 cents perpound is proposed. These chains are used for s ips that have no protection in this tariff bill or any other. You oblige ships to say enormouslyI for a protection in which they 0 not share. 'our ship goes into the port of NewYork or Liverpool upon the precise terms in every particular upon which an English ship goes there. Your own ship gets no advantage whatever. And now the proposition is that the ship owner shall pay to the Pennsylvania iron manufacturer 100%. advalorem for the purpose of fitting out his vessel with anchors and cables. I protest that thisis wrong. Canada, which is as protective in its way as we are, remits alliiuties on articles that go into a ship. At the proper time I shall propese the same thing. But it does seem to me that while we protect one interest we should not, for the purpose of exa gerating that protection, sacrifice another an equally important one. And now, whilein our internalrevenue law we are lessening the burden on iron, when we can produce it cheaper under the present internalrevenue bill, why should we enlarge the foreign duties? I hope the ComWays&Means will make no opposition to this amendment.
Mr. MORRILL. I always like to see a gentleman vigilant in relation to the interest of his constituents, and my friendfrom Maine is never lackingin that particular.
Mr. PIKE. Neither is my friendfrom Vermont, [Mr. Moanii.i.]
Mr. MORRILL. In relation to this matter the gentleman is very slightly mistaken. In the 1st place ships are protected because we do not allow foreign ships to come here and get American registers at all. In the next place they are protected because foreign ships are not permitted to engage in our coastingtrade. And will say in regard to this very article that the last time I knew anything about its manufacture the tariff was raised specially to favor an establishment in the State of Maine struggling for life. We were glad to see that there was one single establishment in the whole country that needed protection in the manufacture of the article, and that that establishment was in the State of Maine. Another thing connected with this matter. It is well that these articles should be protected even for the benefit of the'commerce of the country. Most of these miserable chains that are imported at the prices named by the gentleinan will not hold a vessel. They refuse to use them in England but send them to us. A large art of the shipwrecks which occur are caused)by the parting of weak cables such as will not stand the admiralty test used in England. Let us encourage something better.
Mr. GltlSlfOLD. I move, proformd, to strike out “ 3, " in line 165, and insert in lieu thereof “4.” I do it more particularly for the purpose of informing the Gentfrom 9 [Mr. PIKE] that if he were at all familiar with the struggle which there has been heretofore to establish this branch of manufacturing in this country he would not make the proposition which he has made. I wish to say that for the last 20 years every effort that has been made to establish manufactories of chains that will compete with the English chains has failed; and the few establishments of that kind in the l country, unless they have this protection, will certainly come to grief. Itrust the gentleman will not press an amendment which is not in conformity with the policy that has been adopted here with regard to manufactures generally.
Mr. PIKE: The Gentfrom Vermont [Mr. Monaum] says that our shipping is protected by receivin American regsters. Vill he tell me what iTTcrence it ma 'es to a ship owner, when he pays the same insurance and receives the same freight, whether he has an American oran English register? Under either he is protected by the Government under which he sails. It is a new idea that our ships want to engage in the coasting trade. There are but 2 trages in this country of the slightest consequence. The one is the California trade and the other is the trade with NewOrleans, and neither of them is a “drop in the bucket" as compared with the general trade of the world. The gentleman says that the object is to secure good chains. I suppose I cannot instruct him upon this subject; but allow me to say that American ships do not use American chains; that slaven 8ths of the chains they use are foreign, and, therefore, the only effect of this provision is to tax the shipping interest.
Skip Skip The question was taken on Mr. Pike’s amendment, and it was disagreed to.
The Clerk read as follows: On chains made of iron rods not more than 5 eightlis of an inch in diameter and not less than 3 cighths of an inch in digimcter. 3 and 1/2 cents perpound; on chains madeof iron rods lessthan 3 eiighthsof an inch in diameter and not lessthan one 4th of an inch in'diameter. 4 cents perpound; on chains madeof iron rods less than one 4th of an inch in diameter and not less than number 9 wire gauge. 5 cents perpound: on chainsmadeof iron rods lossthan number n ine wire gauge, 5 cents per pound. and, in addition thereto, 20%. ml vulorcm; on black smith's hammers. Stone hammers, sledges of all descriptions, wholly or partially finished, 4 cents per pound.
Mr. SPALDING. tee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. SCOFIEIJ) reporte that the ComWhole on the state of the Union, according to order, had had under conSideration the bill of the House (No. 718) to provide increased reve nue from imports, and for other purposes, and had come to no resolution thereon.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced that the Senate had disagreed to the amendments of the House to the bill (S.No.222) further to prevent smug gling, and for other purposes, asked a conference with the House on the disagreeing votes of the 2 Houses thereon, and had appointed MessrsJCniixnima, MORRILL, and Cosssss the conferecs on the part of the Senate. The message also announced that the Senate had passed, without amendment, House bill No. 168, entitled “An act for the relief of Joseph Perkins.” The ‘messagefurther anounced that the senate had passed House bill No. 456, entitled “An act to extend the benefits of section 4 of an act making appropriations for the support of the Arm for the year ending June 30, 1866, approved liTarch 3, 1865, ” with an amendment, in which the concurrence of the House was requested. The message also announced that the Senate had passed bills and a JtResolution of the following titles, in which the concurrence of the House was requested: An act (S.No.361) to authorize W. J. Sib ley, and others, trustees, to sell and convey lot number 9, in square number 76, in the city of Washington; An act (S.No.227) to incorporate the Washington Glass Company; and I withdraw my amend I move that the commitJtResolution (S.No.89) to refer the claim of the administrator of Richard W. Meade, deceased, to the Court of Claims. enrolLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound truly enrolled bills anda Jtresolution of the following titles; when the Speaker signed the same: An act (S.No.219) granting certain lands to the State of Michigan to aid in the construction of a ship canal to connect the waters of Lake Superior with the lake known as Lac LaBelle, in said State; An set (S.No.80) to create an‘ additional land district in the State of Oregon; An act $8. No. 193) nting lands to the State of ii ichi n to aid in the construction of a harbor an ship canal at Portage Lake, Kegveenaw Point, Lae Superior, in said State; anJtResolution (H.R.No. 163) for the relief of Joseph Parkins. rasaniiss’s BUREAU.
The Speaker announced that he had appointed Messrs. ELIOT, BINGHAM, and Mc CULLOUGH to constitute the committee of conference on the part of the House upon the bill (H.R.No. 613) entitled “An act to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refu gees, and for other purposes.” NORTHERN KANSAS RAILROAD.
The Speaker also announced that he had appointed Messrs. Loan, CLARKE of Kansas and ELDRIDGE, to constitute the committee of conference on the part of the House upon the bill (S.No.145) entitled “ An act granting lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph.” COMMITTEE 0!“ CONFERENCE APPOINTED.
The Speaker laid before the House a message from the Senate requesting a conference on the disagreein votes of the 2 Houses on the bill (S. o. 222) further to prevent smu gling. No objection being made, the conference was agreed to. outwit or BUSINESS.
Mr. HIGBY. I believe that the ComPubLands is entitled to the morning hour tomorrow, and I suggest that it be permitted to yield that hour, and that the House proceed with the consideration of the tariffbill, with the understanding that the committee have 2 hours after the tariff bill is concluded.
Mr. COOK, by unanimous consent, from the ComJudiciary reported back, with amendments, a bill to establish judicial courts of the U.S., it proved September 24 1789, and moved that the same be i ecoinmitt and ordered to be printed. WITHDRAWAL OF PAPERS. On motion of Mr. ELIOT, by unanimous consent, leave was granted for the withdrawal from the files of the House of the register of, and certain papers in relation to, the bark Marget. And then, on motion of Mr. CONKLING, (at 4 o’clock and 30 minutes p. m.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions, ke" werepresentedpnder the rule and referredto the apprppriato committees: By Mr. 'KS: the niemorial of A. W. Allen and W. Kirby. of Washington, praying for the as signmentto theiu of a just proportion of the reward otfered by the authorities for the apprehension of Booth, the assassin. Also, the memorial of General Joseph G. Ramsay, Hon. Francis E. Spinner and many others, for the ii pronriation of land for a public park in the city of Wiishin ton. By Mr. ROOMALL: The etition of citizensot‘ Chestercounty, in the Stato o Pennsylvania. asking‘ such a change in the tariff and tax laws as WI“ protectdomesticindustry. By Mr. BUNDY: The petition of GeneralW. H: Powell. J. H. Allison and 11dothers. citizens pt Lawrence county.Ohio. for an increaseof the tariff to prevent the labor of this country from beingsub‘eeted to the ruine us competition with the pauper labor of Europe. By Mr. EGGLESTON: The petition of AmosMore and Olllcfrl.lcn.llicfmanufacturersof Ohio. praying for a reduction of the revenuetax. By Mr. GRIDER: The memorial of the Southern Pacific railroad. asking right of way and grant of lands to aid in the construction of a railway from El PaBsyo to the Pacific coast. Mr. HARDING, of Illinois: The petition of more than 2, UUO peopolef Illinois for railway bridge over MISSISSIPPIriver at Quincy. Illinois. also, one from Brown county. Illinois. on the same on ice. By Mr. KASSON: The petition of Hon. Joseph Segar. for compensationfor his property. near For tressMonroe. taken for the useof the U.S. Mr. WILLIAMS: The petition of (it citizens of rmstrong county, Pennslvania for protection ofhorne labor to the extent o the differoncebetween the value of capital and wages abroad and at home. with the addition of the internal duties levied on American industrial products.
@@@IN SENATE SENATE. SATURDAY, June 30, 1866. Prayer by the Cha lain, Rev. E. H. GRAY. On motion of Mr. VILSON, and by unanimous consent, the reading of the Journal of yesterday was dispensed With.
Skip Skip PETITIONS AND)IEMORIALS. The PRESIDENT ro iempore presented resolutions of the Legislature of Connecticut in favor of a donation of lands by Congress to endow female colleges in the several States; which were ordered to lie on the table and be printed. Mr. MORGAN presented the petition of Sq. bina Himpelman, widow of the late Julius Him pelinan, a private in company H, 46th regiment NewYork volunteers, praying for a pension; which was referred to the ‘ComPensions. Mr. WILSON presented the petition of J. T. Clousc, and others, citizens of the U.S., praying for an increase of the duties on imported goods; which was referred to the ComFinance. PARK AND PRESIDENTIAL MANSION. Mr. HOWE submitted the following resolution; which was considered by unanimous consent and agreed to: Resolved, That the ComPublic Buildings and Grountls bedirected to inquire what tracts of land containing not less than 100 acres. adjoining or very near this cit ', can be ohtnined, and for what prices.for a park an site for a presidential mansion and which shall combine convenienceof access, healthfulness.goodwater and capability of adornment. ALFRED ELMOIKE.
Mr. POLAND.lution: Whereas Alfred Elmore. who has recently been nominated Ii the President and confirmed by the Senateas collector of customs at Mobile, in the State of Alabama is allegedto have held office under the late confederate government and alsoto have otherwise given aid and support to the same and therefore could not honestly and truthfully take the oath rescribedb law: To the endthat proceedings may e institute for the due investigation thereof. Resolved, That the SeeyTreasury be requestedto communicateto the Senate a duly cer tified copyof the efllcial oath taken by said Elmore as such collector.
The PRESIDENT protempore. Does the Senator ask for the present consideration of the resolution 7
The PRESIDENT protempore. It requires unanimous consent to consider it at this time. No objection being interposed, the resolution is before the Senate.
Mr. POLAND. I desire merely to say that I have offered this resolution at the re nest of prominent Union men in the State of A abama, who assure me that this Mr. Elmore who has been appointed collector at Mobile rendered service in a military way to the rebel government, and also held office under it; and say that if it be true that he has taken the othuetyi which the law provides for all officers, he has committed the crime of perjury; and they desire to obtain offieial, certain information as I offer the following reso i to whether he has taken the oath, and if he has they desire to prosecute him. That is the object in offering t ie resolution.
Mr. HOWE. I have no sort of objection to the adoption of the resolution. I think it proper to say, however, inasmuch as that nomination was confirmed on a recommendation of the ComCommerce, and inasmuch as it Was considered very fully not only once but 2 or 3 times by the committee, that this is the 1st time I have heard that Mr. Elmore ever rendered any service to the socalled confederate government in a military capacity. I never heard of his having occu ied but one office, and that was the office ofe erk of the HoRep of Alabama. It was upon a supposition that he could not take the oath because he had held that office that the committee were at 1st inclined to withhold their recommendation to his confirmation, and did withhold it. We were subsequently led to believe, we saw in fact that the constitution of the State of Alabama did not seem to require any oath on the part of the officers of the HoRep to support the constitution of the confederate States, or any other oath in the world except simply to support the constitution of the State of Ala bama, and we supposed he had never acted in any sort of alliance with the rebellion. The resolution was agreed to. THOSIAS W. STEVENS.
Mr. HARRIS. I move to proceed to the consideration of Senate bill No. 385. The motion was agreed to; and the bill (S.No.585) for the relief of Thomas W. Stevens was considered as in ComWhole. It provides for the payment to Thomas W. Ste vens of $1,025 50 on account of services as in spector of customs at the port of Albany from the 1st day of March, 1862, to the 1st day of of April, 1863.
Mr. GRIMES. What committee reports that bill?
The PRESIDENT protemporc. The ComClaims. The bill was reported to the Senate, orderengross or a 3rd reading, read the 3rd time, and passed.
Mr. WILSON. I move to take up the Freedmen’s Bureau bill that has come back fromthe HoRep, with a view to the appointment of a committee of conference. The motion was agreed to; and the Senate proceeded toconsiderits amendments disagreed to by the HoRep to the bill (H.R.No. 613) to continue in force and to amend an act to establish a Bureau for the relief ef Freedmen and Refugees, and for other purposes
Mr. WILSON. I move that the Senate in sist on its amendments disagreed to by the House, and agree to the conference asked by the House. The motion was, agreed to.
Mr. WILSON. I now move that the committee on the part of the Senate be appointed by the Chair. The motion was a reed to by unanimous consent and the Presicut protem ore appointed Mr. Winsox, Mr. H.uinis, and i Mr. Nnsniru the committee on the part of the Senate. RAILROAD FltOd'l FORT RILEY to FORT SMITH.
Mr. HENDRICKS. A week or 2 since the Senate passed abill in relation to a railroad in Kansas. I did not support that measure; but there is a branch road connecting with that, and forming part of the same system, which ought to o to the House in connection with that bill. speak of the road from Fort Riley to connect With the road which was provided for a week since. The 2 measures ought to go together to the House, to be considered there as they were considered by the Senate committee, as at the southern bound ary line of Kansas they form one road thence south in the direction of Fort Smith. I move, therefore, to take up Senate bill No. 224, with a view of passin it.
Mr. HENDRICKS. I move to amend the amendment of the committee in section 8, line 5, by inserting after the word “Territory" the words “with the consent of the Indiuns, and not otherwise;” so as to make it gonform to the bill that was passed the other ay. The amendment to The amendment was agreed to.
Mr. CONNESS. I thought as I listened to the reading of the bill that there was a restriction in it of the homestead settlements lying Within this grant to 80 acres. I should like to inquire oftbose who have charge of the bill whether that is correct.
Mr. POMEROY. That applies to the homestead settlers on the even sections. That provision is inserted in all these bills. “lien homestead settlers go, after the passage of a railroad grant, upon the even sections which are held at $260 peracre, they get only 80 acres.
Mr. CONNESS. sections? 'Mr. POMEROY. Yes, sir.
Mr. HOWARD. I desire to inquire of the chairman of the ComPubLands at what point this contemplated railroad is to commence, where it is to terminate, and what Is it confined to the even is its probable length. I have not been able to ascertain very accurately what the facts are in regard to these matters. Where it goes I really do not know.
Mr. HENDRICKS. I will explaiii to the Senator that 3 years two, March 3, 1863, there was a grant oflnnd made ton railroad from Fort Leavenworth b Lawrence to the southern boundary line of I ansas, in the direction of Galveston bay. In connection with thatgrant there was a grant from Fort Riley, running in a southeastern direction to intersect that road near the southern boundary of Kansas. Now, this bill repeats that grant simpl, and brings it into one low, and also extendys it from the road running from Lawrence in a southern direction toward Galveston bay. This bill extends the Fort Riley road across that road to Fort Smith, in Arkansas, so as to make a continuous raiIWny from the Mississippi river, by Little Rock, to Fort Riley, thence in a smith western direction to Fort Smith, connecting with the Pacific road.
Mr. HOWARD. So that really this road will terminate on the Mississippi?
Mr. HENDRICKS. It will eventually have that connection, when all the roads are finished to ighich the grants of land have been already me. e.
Mr. HOWARD. I wish merely to say that I thought this bill might contemplate the construction of a railroad from Fort Riley down southwardly to Galveston “bay, a distance of about 6 or 700 miles, I believe.
Mr. POMEROY. This runs to the south east. It is no new ant.
Mr. POMEROY. Every acre has been granted in a previous bill, and this bill only consolidates the two grants.
Mr. HENDRICKS. I will state to the Senfrom Michigan that I thought 2 weeks ago we ought to confine the nt to Galveston bay, or, rather, to the norern boundary of Texas, to the road to which we made the grant 3 years ago, but the Senate did not concur in that view, and this is at art of the policy agreed upon 2 weeks ago y the Senate.
Mr. GRIMES. There is one question I should like the Senfrom Indiana to an swer.
Mr. HENDRICKS. I am not going to an swer many uestious.
Mr. GRIMES. Isbould like to know whether the Senator has investigated the subject sulficiently so as to satisfy himself that if we pass this bill it will not mar the beauty and symme try of that zebra marked run which he exhib ited to the Senate the other ay, showing these additional railroad lines.
Mr. GRIMES. If so, I am satisfied with the bill.
Mr. HENDRICKS. I will state to the senator that from a oint about 70 miles south of the southern boundary of Kansas it will start anew system of marks, in a southeastern direction to ort Smith; and with that addition it will leave the maps as the are already marked.
The President protem ore. The question is on the amendment of e committee, as amended. The amendment, as amended, was agreed to. The bill was reported to the Senate as amend ed, and the amendmentwas concurred in. The bill was orderengross for a 3rd read in. was read the 3rd time and passed. The title of the bill was amended so as to read, “A bill granting lands to the State of Kansas to aid in the construction of a southern branch of the Union Pacific railway and telegraph, from Fort Riley, Kansas, to Fort Smith, Arkansas." BILLS INTRODUCED.
Mr. WADE asked, and b, u animous consent obtained, leave to intro digs bill (S.No.404) to regulate the selection of grand and petit jurors in the Territory of Utah, and for other purposes; which was read twice by its title referred to the ComTerritor, an ordered to be printed.
Mr. SPRAGUE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 117) for the relief. of Charles M. Blake; which was read twice by its title and referred to the ComMilAffrs . PILOT KNOBAND HELENA RAILROAD.
Mr. BROWN. I ask the Senate to take a a Senate bill that comes from the House 0 Representatives with some amendments, for the purpose of agreeing in the amendments of the Tiouse. They are simply conforming the bill more accurately to the land law system as we have agreed upon it. It is a bill to grant lands to the Iron Mountain Railroad Company. I move to take it up. The motion was ngrped to; and the Senate proceeded to consider the amendments of the HoRep to the bill (H.R.No. 37) making a grant of lands in alternate sections to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob. in the State of Missouri, to Helena, iit Arkansas. The amendments of the HoRep were as follows: In section one. line 5, strike out “a corpo ration of the State of Missouri, " in the same section, line 17, after “ sections, " where it occurs the 2nd time, insert “to be selected as aforesaid i” in the same section, line 20 threc, after the word “established, ” insert “and not more than 20 miles from the line of said road.” In section two, line 17, utter the word “sections, ” insert “designated as aforesaid.” In section 3, line 3, after the word “road, ” insert “and the even sections and parts of sections corresponding to the odd ones selected within 20 miles of the same." In section four, line 6, after “U.S.” insert “and at the cost in all respects of said railroad companies;” and in the same section and line strike out the words “ road or." The amendments were concurred in. DIPLOMATIC CORRESPONDENCE.
Mr. ANTHONY. The ComBrinting, to whom was referred a resolution to print additional co ice for the use of the State Dept oft e message of the President relative to the departure of troops from Ausfia for Mexico, have instructed me to report it back without amendment, and recommend its passage. I ask for its present consideration. By unanimous consent, the Senate proceeded to consider the resolution. It is as follows: Resolved.That 10,000 copies of the message farnosmwethrien'Pgresident. vnth accompauyin documents. a resolution of the Senate of the 13thin stant. in regardto the depart ureof troops from Aus tria for Mciiico be printed tor the use of the State Dept.
Mr. TRUMBULL. I should like to know why 10,000 copies of such a report as that are needed.
Mr. ANTHONY. I will explain. A Generallaw fixes the number of documents mm the different Depts that shall be printed and the purposes to which they shall be applied so many for the use of the Senate, so many for the use of the HoRep, so many for the use of the Depts. The number of documents of the State Dept printed for the use of the Dept is fixed h, law in the discretion of the POTUS, and for several years the number has been fixed at 10,000. That number has been ordered to be printed of the Diplomatic Correspondence of the current year. This is a small paper that was sent in in reply to a resolution caling for information with re rd to the stoppage of the sending of troops irom Austria to Mexico. The cost of printing it is $500, and I presume the object of the State Dept, at whose request this resolution has been introduced is to add this to the last volume of the Diplomatic Cprrespondence, and have the some number printed as is printed of the other. I have here a letterfrom the SecyState asking for the publication.,
Mr. TRUMBULL. I think it is time that law was changed. There certainly can be no necessity for publishin 10,000 copies for the use of the StategDept of all this volumine us correspondence. I am opposed utterly to such an expenditure of the public money as that. Congress publishes for distribution among the people a less number, I think, than that. How many?
Mr. ANTHONY. I think the whole number printed by both Housesis 7,000.
Mr. T ltUMBULL. Both Houses of Congress for distribution to the whole American ieople publish but 7,000 co ies, an here there is published for the use of the State Dept alone, to be distributed in foreign nations, 10,000 copies. I am uttery surprised to learn that it' has been the practice to print so many copies, and I trust we shall begin now and stop this publication. Although this is a small matter, costing but $500, it is a proper place to begin. I move to amend the resolution by striking out “10,000” and inserting “ 1,000;" and I wish to say further that unless some one else moves in iIt, will introduce a resolution aiirecting the ComPrintg to inquire into the propriety of limitin the number of these documents that are publishedby the State Dept. There should be some limitation.
Mr. BROWN. I desire to say for myself, as a member of the Committee on.Printing which reports this resolution, that Idissented from the report and could see no propriety in publishing any such number as is specified, not withstanding I am assured that it IS customary. I desire that the amendment of the Senfrom Illinois reducing the number to 1,000 copies be concurred in by the Senate, and that ye will make this a precedent which shall govern our action in similar cases hereafter.
Mr. ANTHONY. I differ from my friendfrom Illinois in thinking that this is the proper time to begin. if it is the sense of the Senate that the law should be repealed which places in the discretion of the President the number of copies to be printed for the use of the State Dept, that will be for the Senate to decide; but I think, since we have ordered to be printed 10,000 copies of the 4 large volumes of Diplomatic Correspondence, it would be rather bad economy to destro the completeness of the work by omitting a dozen or 15 a es that will only cost us $500.
Mr. TltIUilBULL. Will the Senfrom RhdIsland inform me what is done with the 10,000 copies?
Mr. ANTHONY. I do not know; agreat many of them are distributed in this country, and some abroad. Of course I do not know what is done'with them; they are at the disposal of the State dept.
Mr. SUMNER. When the Senfrom Illinois said that it was the “practice” to publish 10,000 copies for the use of the State Dept, perhaps he used too strong a word, unless he meant to limit the application of the word to what has occurred since the war. I believe the 1st case was on the motion of a gentleman in the other House, when the HoRep ordered 10,000 copies of Diplomatic Papers to be published for the use ot the State Dept. I do not know whether that was 4 or 3 years ago; but as I understood it at the time, the object was to enable the SecyState to send these Diplomatic Papers to Europe. I believe the ha it has been to send a very large number, I do not know how many 100, to each one of our diplomatic and consular representatives, through whom they have been distributed in the localities where they have been. It was supposed by the Dept of State that the circulation of these apers would serve a patriotic purpose. On t tI give no opinion.
Mr. RUMBULL. Will the Senfrom Massachusetts allow me to inquire whether he thinks there is now any occasion to continue that?
Mr. SUMNER. in any occasion. I am not aware that there Indeed, I should say in all frankness that I was not sure that there was any occasion for it in the beginning but it was done 1st by an order of the other House, not through the Senate, not by a concurrent resolution
Mr. SUMNER. But by a vote of he other House. That is myrecollection; but maybe mistaken. I think a vote of the other House placed 10,000 copies of the Diplomatic apers at the disposition of the SecyState, and I understand that that number has been printed ever since, and they have been boxe in large boxes and sent to our different agents in Europe, sometimes perhaps 4 or 500 co ies to one.
Mr. SUMNER. I do not know whetherthey have been sold for old paper or not; but they have been distributed in that way, and it was supposed that in doing it a patriotic purpose was subserved. But as the Senfrom Illinois asked me the question whether this should be continued now, I will say that I regarded it at the time as a war measure [laughter] of very doubtful propriety but now, “in these piping times 0 peace, ” I know not that a war measure of such a doubtful character as that is necessa.
Mr. ANTTHONY. The way this number came to be fixed is this: when the law was passed some 3 or 4 years ago very much diminishing the number of the executive documents that were printed, some discussion arose in the Senate as to the number that should be printed for the State Dept; avery great variety of Opinion was expressed; and it was finally comromised on the motion of some Senator, I 0 not know who it was not on the report of the committee by providing that the number of documerits from the State Dept accompanying the President’s message, to be printed for the use of that Dept, should be fixed by the President oft ie U.S. During the war, for the reasons stated by the chairman of the ComForRel, the number was fixed at 10,000. “My judgment is that it has effected a good purpOSe, that it has had an influence upon public 0 inion in Europe, and that these oc uments iave had an influence upon emigration from Europe to this country. I do not suppose that now, after the war is over and this correspondence has lost much of its interest, the President would be likely to fix so large a numbera sin; but I think that when we have already this year printed 10,000 copies of all the documents of this character except this little one, it would be much better policy for us to complete the work at an expense of $500.
Mr. SUMNER. I should agree with the Senfrom RhdIsland on that point. I think we ought to complete the series, and then it will be time to consider whether we shall ado ta different oliey. It
Mr. ANTHONIY. Senators are aware that if we are to diminish the number we must repleal the law which gives a discretion to the xccutive to fix the number. It is not the Senate that fixes the number of these documents that shall be printed for the Dept; but the HoRep has always given the State Dept as many of the documents as it wanted. I have always thought that since the Government had a printing office of its own, there was a singular impropriety in the heads of Depts being required to send to one House ofCon rress or the other for documents to be printed an: to be paid for out of the contingent fund of the House. I think the printing of these documents should be paid for out of the contingent fund of the Depts, and the expense should be estimated for like any other item of contingent expenses. The ComPrintg, and the Senate themselves, are not to be presumed to be the best judges of what documents the Depts want.
Mr. GRIMES. I wish to inquire whether that is not the case now; whether some documents are not ordered to be printed by the Depts and paid for out of their contingent funds.
Mr. ANTHONY. There is a good deal of printing done for the Depts, under what law I do not know.
Mr. GRIMES. I understand that some of the printing for the SecyState is done at the Treasury Dept. I suppose, as a matter of course, as that is not done by order of Congress, it must be paid for out of the contingent fund of the State Dept.
Mr. ANTHONY. I am not aware what that printing is.
Mr. GRIMES. I am not aware that it is done, but I understand it to be done. I understand that some of the lucubrations of the SecyState are printed there, I suppose at the public expense, but I presume it is paid for out of the contingent fund of the State Dept.
Mr. ANTHONY. I think this distribution of documents during the war has been beneficial. I think that the Diplomatic Correspondence now to be distributed, which will be made complete b this, will be of benefit to the country; and Itink we ought to complete the work, now that it has begun. For the future I am ready to submit to what the Senate may judge proper.
Mr. Pr MBULL. I should like to inquire if this will not go out by itself and have to be boxed up and sent abroad. Some, if not all, of the volumes of Diplomatic Correspondence for this year have been printed and laid on our tables.
Mr. TRUMBULL. Will not this go out by itself?
Mr. ANTHONY. No, sir. I understand that the last volume has not been completed; at least I have not seen it; and I presume that the object of the Dept is to bind this up with the last volume. I do not know that fact, however. I only have a letter from the SecyState saying that it is deemed desirable by the Dept to print the same number of this document that was printed of the others; and when the SecyState or any other head of a Dept asks for an expenditure of $500 for such a matter as this, I am not in the habit of goin behind his recommendation. I think he should be trusted at least for so much.
Mr. TRUMBULL. I hope we shall strike down the number to 1,000. I think it is time to begin, and this is a very good place to begin.
Mr. ANTHONY. I hope we shall not commence a reduction on this document. I hope we shall complete this one, and then if the senate choose to vote that the next publication shall be 1,000 copies, we'will all agree to that if that is the refer number.
Mr. BUCKALEW? am willing to vote to pay for these books; but I hope we shall stop the printing of this ine rdinate number of doc uments for the State Dept by repealing the existing proviso n ot law on that subject.
The PRES DENT protempore. The question is on the amendment of the Senfrom Illinois, to strike out “ten” and insert “one.”
Mr. GRIMES called for the yeas&nays and they were ordered.
Mr. ANTHONY. I wish to remind the senate again that this expenditure of $500 is in order to complete the Di lomutic Correspondence which has already been ordered, and to print the same number as was printed of the preceding correspondence. The others have not et been distributed.
Mr. GRIMES. All the others ure distrib uted?
Mr. ANTHONY. No; we have not distributed them. The publication is not yet complete.
Mr. KIRKWOOD. I suppose, from what I learn, that this is to be printed in the edition of the other correspondence that has thus far been printed.
Mr. KIRKWOOD. If that be the case, I think we had better print it.
Mr. TRUMBULL. This is a distinct thing by itself. It has no connection whatever with the others.
Mr. KIRKWOOD. It is to be bound in the same volume, I understand.
Mr. TRUMBULL. The other volumes are all printed. Whether this is to be bound in the same volume or notI do not know, and the chairman of the committee does not know. He says he thinks all the volumes are not made up: but whether they are or not the Volumes Will be complete without it, and there can be no necessity and no propriety, in my judgment, in publishing 10,000 copies of the Diplo matic Correspondence to be sent abroad by the SecyState. I think we had better be n when the question is 1st presented. ‘I ope the Senate will now strike it down to 1,000. The guestion being taken by yeas&nays, resulte yeas 14. nays 17; 18. So the amendment was rejected. The resolution was adopted. COHSTOCK LODE TUNNEL.
Mr. STEWART. Imove to take up' Senate bill No. 352. The motion was agreed to; and the bill (S.No.352) granting to A. Sntro the right of way, and granting other privileges, to aid in the construction of a draining and exploring tun nel to the Comstock lode. in the State of Ne vada. was considered as in ComWhole.
The PRESIDENT o tempore. The ComMines and ilining report an amendment as a substitute for the original bill, and the substitute only will be rea unless some lScimitar asks for the reading of the original I.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended; the amendment was concurred in. The bill was orderengross for a 3rd reading, read the 3rd time, and passed.
The PRESIDENT protempore. The morning hour having exired it'beconies the duty of the Chair to cal up the unfinished business of yesterday, which is House bill No. 887.
Mr. CONNESS. If that bill is to be gone on with I have nothing to say, but I desire to occupy the floor for a moment to consider a smal bill, local to my State. What. bill is House bill No. 387 '?
Mr. SHERMAN. The Indian appropriation bill.
Mr. CONNESS. Will the Senator agree that that bill shall lie over informally for a meinent?
Mr. CONNESS. I apprehend that the bill I desire to call up will not occupy more than 2 or 3 minutes.
Mr. SHERMAN. There are several hills in that predicament, and I hope the Senator will let this go on. If I yield to him. it will only give rise to applications from others. The Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 887) making appropriations for the current and contingent expenses of the Indian dept, and for fulfilling treaty stipulations with various Indian tribes for the year ending 30th June, 1867. The bill was read at length. The 1st amendment of the ComFinance was in lines 11 and tw'elve to‘ increase the approriation “forthe pay of super I would rather go on from $87, 450 to $110,050.
Skip Skip The amendment was agreed to. The next amendment was to insertnfter line 1156 the following: M' neconjoii band of Dakota or Sioux‘: Eur rst of 20 installments.to be ifiid in such articles as the SecyInterior may direct. as per4th article of treaty of October 10. 1865.for the fiscalyear ending ] min 30, 18673.10.000.
Skip Skip The amendment was agreed to. The next amendment was to insert alter the amendment just adopted the following: Lower Bruin band of Dakota or Sioux: For 1st of 20 installments.to bepaid in such articlesas the SecyInterior may direct. caper 4th article of treaty of October14, 1865.for the fiscalyear endingJune 30.1867$.0,000.
Skip Skip The amendment was agreed to. The next amendment was to insert after the previous amendment the following: Blackfeet band of Dakota or Sioux: For 1st of 20 installments.to be paid in such articles as the SecyInterior may direct. asper 4th article of treatyOctober19.1865f or the fiscal year endingJune 30, 1867.$7.
Skip Skip The amendment was agreed to. The next amendment was to insert after the amendment just adopted the following: 2 Kcttlesband of Dakota or Sioux: For 1st of 20 installments.to be paid in such articles as the SecyInterior maydirect. [18per 4th article of treaty of October19.1805.for the fiscalyear ending June 30.1807“.36.000. For this sum.to be paid the widow and children of Isli tnli chaii no ah. under tho‘dircotion of the SecyInterior. as per511“! article of treaty of October10, inn. For this sum.beingfor indemiuty.to be paid under intendents of In inn affairs and Indian agents” the direction of the SecyInterior. as or 6th article of the treaty of October19.1865. S.
Skip Skip The amendment was agreed to. The next amendment was to insert after the amendment just adopted the following: Ouk pah pah baud of Dakota or Sioux: For 1stof 20 installments, being 30 dollars for cach lodgeor amily. (300 lod cs. to bepaid in such articles as the SecyInterior may direct as or 4th article of treaty of Oscitsobierogg. 1865f, or the fiscalyear ending June 30,
Skip Skip The amendment was agreed to. The next amendment was to insert after the previous amendment the followmg: SansAres band of Dakota or Sioux: For 1stof 20 installments.being thirt dollars to each lodge or family. (200 an 80 lod cs.)to bepaid in such articles as the SecyInterior maydirect. as per4th articlo of treaty of October20.1805, for the fiscal year ending June 30.1867$. 8, 400.
Skip Skip The amendment was agreed to. The next amendment was to insert after the amendmentjust adopted the following: Yanktonai band of Dakota or Sioux:', Forfirst of 20 installments.being 30 dollars for each lodge or fa ily. (350 lodges.)to be paid in such articlcsnsthe Secretary torfetahtye Interior may direct. as per4th iirticle of of October20.1865f or the fiscal your ending ] uno30, 18676. 10.500.
Skip Skip The amendment was agreed to. The next amendment was to insert after the amendment just adopted the following: Upper Yanktonnais band of Dakota or Sioux: For 1st of 20 installments to be paid in such articles ID!the SecyInterior may direct, as per4th article of treaty of October 28. 1865.for the fiscalyear endingJune 30.18678. 10.000.
Skip Skip The amendment was agreed to. The next amendment was to insert after the words previously inserted the following: O'galliila band of Dakotaor Sioux Indians: For 1st of 20 installments.to be paid in such articles as the SecyInterior may direct. as per4th article of treaty of October28.1865.for the fiscalyear endingJune 80.1867.910.000.
Skip Skip The amendment was agreed to. The next amendment was to insert after the amendment just adopted the following: Tabqquachcband of Utah Indians: For building a blacksmithshop for the tabequuohe band of Utah Indians. as per10th article treaty of October7. 18633500. For the purchase of iron and steel and necessary tools for said shop. as per10th article treaty of 0ctotlgp7r.1863f, or the fiscalyear ending June 30.1865. For the purchaseof iron. steel and necessarytools for said sho.as per10th article treaty of October 7. 1863.for t o fiscalypar ending June 30.1866.8220. For‘the purchaseot'iron. steel and necessarytools for said shop.as per10th article treatyof October7. 1863.for the lisea year ending June 30.1867. $210. For pay of blacksmith and assttor the Tube quacho hand of Utah Indians. as)(ff10th article ot‘treaty of October7. 1863.for the sealyear ending June 30.1543$51. 100. For pay of blacksmithand asst for the Tube quiiclio band of Utah Indians. as per10th article of treaty of October7. 1863. for the fiscal year ending June 30.1806.$1.100. For pity of blacksmith apd asstfor the Tabe rquncho band of Utah Indians as per10th article tJreaty of October7, 1863.for the fiscal year ending une30.1867.$1.100. 4
The Clerk read The next. amendment was to insert after the I amendment just adapted the following: Arapaho and Cheyenne Indians of the upper Arkansas river: For reimbursingmembers of the bandsofArapaho and Cheyenne Indians who su tferedat Sand Creek, November29.1964t.o be paid in U.S.secu ntips. animals.goods.provmons or such otheruseful aarstpiceler ssiaxsththaert ic SecyInterior 4r.1m86a5y.direc' t. her 1st of 40 installments.to be expen such manner and for such purposes as the SecyInterior maydirect. emgan amountequal to dollars or capita for 2,000800 persons.t onumberagrceduponfor the present year. as per7th article treaty of October 4, 1865, for the fiscal year pndang one 30.1867.$56. For transportation of goods provisions, the purchased fort e Argipaho and CheyenneIndians of the upper Arkansasriver, for the fiscalyear ending June 3U.1867$.31,000.
The Clerk read The next amendment was to insert after the amendment Just adopted the following: Omaha tribe, of Indians: For thldflllmhto be expendedby their agent under the tilfefilull ot‘the ComrIndAff. biouri ldgionogdss., fparromvninsgionims.cpalettmlee.nhtosr, sberse.ackoiniisgt route tiloanndosf and otherimprovementson their reservation.as per2ndnrtit lcof ti t atypt'March 6.1&653.50.000 For this sum. tobepaid as(iatnagesnn consequence of the OOCtIDZLiIOofH a portion of the Omaha reservntion' and use and destruction of timber by the treaty ebouf gii‘nortefhlllt6‘ o.1f8In1d3$i5a7.nMs”. as per 3rd article of For keeping in repair a grist and saw mill. as per8th article at treaty of March 16 1854, and 3rd article of treaty of March 6. 1865, for the fiscal year ending June 30 1867. 530). For payof one engineer and asst.asper 8th aatrtiterelea0ty10trte Maatyrcohf 6. a1r8c6h:)f1.o6r.t1h8e.3fi4as.cnadl tyheiardr eanrtdiicnleg June 30, 1867. 31.800. e‘dini I" or pay of one miller and asst, as per8th. 0a1rtticreleatoyf otrfe Maatyrcohf March 651f.6or.1t&h3e1fia.snedaltyheiradr eanrt dicinleg June 30.1867.$1.200. For pay of farmer ns per8th article of trea of March 161854, 1ind3rd article of treatyof March6.1960f or the fiscal year ending June 30.1867$. 900. Fpr pay of blacksmith and assts asper 8th article toyfotfreMaatyrcohf 6M. la865 rchf.1o6r.t1h8eofi4as.cnadly theiardr eanrtdicinleg JuiIiteor3s“u.p1p3o6r7to. lt.'"00. for blacksmiths he and supplying tools th esame.as per8th nrtic e of treaty of March 16.1804 and 3rd article of treaty of March 6. 1865. for the fiscalyear ending June 30.1867. $300.
The Clerk read The next amendment was to insert after the aiuendment just read the following: Yaknma nation: smBiothrsec oiiilinstallment tnr keeping iu rppair black s.tinsmith‘s. punsniith’s marpenters. Uud wagon and plowmaker s s iops and for providiu necessary tpqtfs therefor. poi 5th article otp treaty Jgude 9, 18.55. Eur 3rd installment for keepingin repair black smith‘s. tinsinith’s. gunsmith‘s carpenter's. and wagon and plowmnkor'ssho s and for providing necessary. tpols therefor, perii h article treaty June 9, 1855, Fdr 4th installment ibr keepingin repair blacksmiths. tinsmith‘s, gunsmith's, carpenter's.nndwagon and plowmriker’s sho is and for providing necessary gal]: theretor.per d h article treaty June 9. 1855. Pdr 5th installment for keeping in repair black smith’s. tinsmith’s gunsmitlrs.oarpenter‘s.nnwdagon and plowrnnker's shops and for providing necessary topls therefor.per tirth article treat y.June 9. 1865. For 6th installment for keeping in repair black smith's. iiiisniitlrs, uunsmith's, enrpeiiter's.uiidwagon and plowniaker's shops and tor providing necessary tools therefor.per filth article of treaty June 9. 1855, For 7th jnstallment for keepingin repair black sinith’s, tinsmitlr‘s gunsmith’s carpenter's mnd wagon and plowmnker’s shops and for proViding necessary we therefor.per filth article treaty June 9, 1805.
Skip Skip The amendment was agreed to. ‘.
The Clerk read The next amendment of the ComFinance was to insert as a new section the followmg: SEC. 2. Abife: That no funds be lpnging to any Indian tribe with which treaty relatioen dsbeyXsisuteshhatrlel abteya.poprlbieyde ixnparneysmsparuonvcisrine ontsaauttlhaowr. nor shall money appropriated to execute a treaty be transferred or app ied to any other purpose.
Mr. DOOLITTLE. In relation to the other dimendinents which are proposed by the ComFinance, that is to say, sections 3, four, 5, and 6, which concern the transfer of the Indian Bureau to the War Dept, I will ask the honorable Senfrom Ohio to let that matter go over until the bill comes to be considered hereafter, as I desire to move an executive session today to consider an Indian treaty.
Mr. SHERMAN. I think we had better proceed to consider this proposition.
Mr. DOOLITTLE. esall not be able to proceed with the consideration of this question today. It will occupy some considerable time in its discussion.
Mr. SHERMAN. I think we had better proceed with the discussion now, because I now it will occupy some time; but I will not press a vote upon it today if the Senator does not desire it.
Mr. DOOLITTLE. I think it had better go over until the estimates come in for the treaties which have been confirmed, and which did not go to the ComFinance.
Mr. SHERMAN. I would rather go on regularly with the amendment. This is the only topic that will be likely to create an division of opinion, and I prefer to proceed with it today as far as we can. As a matter of course, if the Senator, after the discussion, does not want a final vote today I will not press it.
Mr. DOOLITTLE. This is Saturday after noon, and I desire an executive session, and I think we had better go into executive session. 'If we should adjourn a little earlier today than usual it would be no loss of time.
Mr. SHERMAN. I call for the reading of the section. I desire to say a few words in remrd to the pending proposition. he Sperctary read the next amendment, which was to insert as a new section the following: SRC. 3. Abife: That from and after the Slat day of December.1866.the SecyWar shall exercisethe supervisory and appellate powers and possess the jurisdiction now exercised and possesse by the SecyInterior in relation to all the actsof the ComrIndAff and shall signall requisitions for the advance or payment of money out of the Treasury on estimates or accouits. subjectto the same adjustment or cboyntrol now exercismlon similar estimates or aecounts the Auditors and Comptrollersof the Treasury, or either of them.
MR. GRIMES. I desire to inquire of the Senfrom whence HENDERives his information.
Mr. DOOLITTLE. I derive my information from the testimony taken.
Mr. GRIMES. The Senator has nlread said that this officer and his whole party were illed on the spot; and I should like to know, therefore, what source the Senator derives his information from. There must have been nobody left except the conquering Indians.
Mr. GRIMES. How much did the refugee Cherokees cost the Indian dept?
Mr. DOOLITTLE. I can give the Senator the figures upon that matter.
Mr. GRIMES. Is it more or less than the cost of the Navajoes?
Mr. DOOLITTLE. I think the expense of ill the refugees has been at least a million dol ithdraw all lars a year, but there are about 20,000 of them. But there are only about 7 or 8,000 of the Nuvajoes.
Mr. GRIMES. But the one is in the midst of civilization, and the other is far removed in NewMexico whither you have got to transport all your supplies.
Mr. DOOLITTLE. I do not complain of the War Dept in making the expenditure, although it may be that the prices at which the provisions were purchased to feed those Indians were higher than they ought to be. I suppose ‘the contracts were let to the lowest bidder just as the contracts in all the Depts are let; but when we speak of the expense of dealing with the Indians, and suppose we are going to make it a matter of economy to deal with them through the War Dept instead of the In terior Dept, I must say that I do not believe that the hope of my friendfrom Ohio, in that respect, will be realized. At all events, so far as this question is concerned, I desire “that it may 0 over until we come to the consideration o the other amendments upon the bill which will be prepared by the ComIndAffrs at furthest by Thursday next; and I desire to move an executive session to day for the purpose of disposing of an Indian treaty.
Mr. DOOLITTLE. I hope the gentleman does not understand me to say that the War Dept got up the wars.
Mr. STEWART. The Senator said they had been caused.by indiscreet officers.
Mr. DOOLITTLE. I do not say that they intended to get up wars, but they blundered into and ro need those wars.
Mr. STEWART. I‘undertake to say that the men living in the Indian country, when they are talking about these things dud relating them, must be the worst set of liars in the world, if the Indian agents and Indian traders are not the principal parties in gettin up the Indian wars. I never before heard tern at tributed to the indiscretion of men connected with the Army. There may have beenvindis cretions of that kind; but where you wrll find one such instance amen the trained officers of the Army, you will fin 500 among the vagabonds that go into the Indian business, either as traders or as agents, to make money out of the Indians. Officers of the Army have something at stake; they are responsible to authorit, and they can be tried for their offenesi they misbehave. A man who deals with Indians ought to be subject to military law. His conduct should be liable tobo inquired into by a summary tribunal. Then, if you trust this matter to the Army, you Will always have ample witnesses to everything that is done; but ifyou trust it to the Indian trader and Indian agent, who are in partnershi). as is very often the case, you will have no rsin terested witnesses. Where there is a fort and one or 200 men there, the chances of a combination between those one or 2 hunded men and the officers stationed at that fort are nothing like as great as where they are partners in trade with the Indians. I believe it is charged that the Indian trader and the Indian agent are usually in partnership. At all events they are chargedwith being so; itisapurt of the system but there could not be partiivrs in an Army of 3 or 400 men; you would have some witnesses who would u:ll you how these transactions did actually occur. I am decifdedly in favor of the amendment reported by the Finance Committee.
Mr. GRIMES. I move that the Senate proceed to the consideration of executive business.
The PRESIDING OFFICER, (Mr. ANTHONY in the chair.) The Senfrom Kansas has the 001'.
Mr. POMEROY. If it is the wish of the Senate to go into executive session, I have no desire to continue this discussion now; but I want to say that before we take a vote on this question it oughtto be at least very well under stood in the Senate. It is a new system. It is an experiment that has not been tried, at least for a good many years. The reasons that induced the taking of this bureau from the War Dept originally, may still exist. I do not care to discuss the proposition to da. I think we had better delibr iate very mature y upon it before we take the vote'. It may be best to concur with the committee; but the oiiit as to whether we should make this change in the middle of the fiscal year instead of at the 0nd of the year I think ought to be considered. If the Senate wish to go into executive session I do not care to say anything further on the subject at present.
Mr. WILLIAMS. more that the Senate proceed to the consideration of executive business.
Mr. CONNESS. I hope the Senator will withdraw that motion for a moment until I call up a small California bill of consequence to us, which I have been trying for 3 or 4 days to call w: during the morning hour.
Mr. WILLIAMS. Do yen want to pass it today?
Mr. CONNESS. Yes, sir. It will not occupy a mment of time. It is a House bill, recommendedby the ComPubLands of the Senate.
Mr. WILLIAMS. What is the nature of the bill?
Mr. CONNESS. It is to confirm the titles to certain lands in the city of Bcnicia a bill to which there can be no objection, and which will not occupy a moment of time.
Mr. WILL AMS. Ifthe bill will notexcite any discussion I will not object to it.
Mr. CONNESS. It certainly cannot for it is recommended by the ComTublic Lands, and is a House bill.
Mr. WILLIAMS. I withdraw‘ my motion for the present to enable the Senator to call up his bill.
Mr. CONNESS. I move, then to take up House bill No. 557, to quiet the title to'certain lands within the corporate limits of the city of Benicia.
Mr. GRIMES. Is that the town opposite Mare Island navy yard?
Mr. SHERMAN. I move to postpone the Indian appropriation bill until Tues pay next, and make it the special order for that day at one o’clock, with the purpose to dispose of it on that da. The PR SIDING OFFICER. There is a motion now before the Senate.
Mr. SHERMAN. I hope that will be with drawn to enable me to submit this motion.
Mr. CONNESS. Of course I withdraw it for that nrpose. The P ESIDING OFFICER. It is moved that the further consideration of the Indian aiproprintion bill be postponed to and made t u special order for Tuesday next at one o'clock.
Mr. SHERMAN. The Senfrom Wisconsin will not be ready with some amendments that he desires to offer, before Tuesday. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep. by Mr. LLOYD its Chief Cl rk, announced that the HoRep had passed without amendment it hill (S.No.168) to provide for the disposal of certain lands therein named. The message further announced that the HoRep had passed the following bills of the Senate with amendments to each: A bill (S.No.58) granting lands to the State of Oregon, to aid in the construction of a military road from Corvallis to the Aquine bay; an A bill (S.No.99) granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State. The message further announced that the HoRep had insisted on its amendments to the hill (S.No.222) further to prevent smuggling, and for other purposes, agreed to the conference asked by the Senate, and had appointed Mr. Tnonss D. Emo'r of Massachusetts, Mr. Jom: L. THOMAS of Maryland, and Mr. Janus M. Huxransir of NewYork, managers at the same on its part. The message also announced that the HoRep had passed the followin bills and JtResolutions, in which it requests the concurrence of the Senate: A bill (H.R.No. 187) erecting the Territory of Montana into a separate surVeying district, and for other purposes; A bill (H.R.No. 255) to authorize a de parture from the established mode of surveying in certain cases; A bill (H.R. No.746 for the organization of land districts in the erritories of Arizona, Idaho, Utah, and Montana; A JtResolution (H.R.No. 180) extending the time for the completion of the Agricult ural College of the State of Iowa; and A JtResolution (H.R.No. 181) to enable discharged soldiers to change the location of, their homestead selection in certain cases. LAND TITLES IN BENICIA.
Mr. CONNESS. I now renew my motion. The motion was a reed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 657) to quiet the title to certain lands within the corporate limits of the city of Benicia: It proposes to relin $1ISI1 and grant all the right and title of the U.S.s to the land situated within the corporate limits of the cit of Benicia, in the count of Solano, State 0 California, as defined in the act incorporating the city, passed bysthe Legislature of the State of California April 24, 1851, to that city and its successors, up'on trust, however, that so much of the lands as is in the bonaflide occupancy of parties upon the passage of this act, b themselves or tenants, she be conveyed y the cit to such parties; but the relin uishment an grant by this act is not to exten to any lands Within the corporate limits occupied as a military depot of the U.S., or heretofore reserved by the U.S. for public purposes; nor shall they interfere with or pre‘udice any valid adverse right or claim, if such exist, the land or any part of it, or preclude a judicial examination and adjustment thereof. The ComPubLands reported the bill with an amendment, to'udd at the end of the bill the following as an additional section: SEC. 2. Abife: That all the riuht and title of the U.S.to the land within the corporate lrniits of the town.of Santa Cruz, in the State of Culifomia. as defined in the actof the Legislature ofthnt Stateincorporating snirl town, be, and the same are hereby, relinquished andgrantedtothe corporate authorities ofsuid town and their success ors. in trust for and with authority to conveyto the bonafide occupants of said land: Provo/Ml, That this grant shall not extend.to anyreservation of the U.S or Dfellldlflt.any valid adversermht or claim, if such must.to said land or any art, thereof. regi prgclude a judicial examination an adiustment ereo. I
Mr. GRIMES. I will inquire what is the effect of that amendment. understand it releases to the corporation of the city the rightv that the U.S. has for the benefit of the persons who are in occupation at the time of the passage of this act. Is that so?
Mr. STEWART. Those entitled to the occupation.
Mr. POMEROY. Not to those who happen to be in occnation.
Mr. congress. No, sir; by themselves or tenants..
Mr. GRIMES.‘ Let the last clause be read a in.
The Secretary read as follows: That all the right and title of the U.S.to the land within the corporatelimits of the town of Santa Cruz. in the state of California, as defined in. the act of the Legislature of that Stateincorporating said town. he, and thesameare hereby, relin uishe and grantedto the corporateauthoritiesofsa d town and their successors, in trust for and with authority to conveyto the bonafideoccupantsof said land.
Mr. GRIMES. Not to those who are entitled to the occupation, but to those who are in occupotion.
Mr. STEWART. Let the whole sentence he read, and you will see whatis the meaning. 1 The Secretary continued the reading, as fol ows: Provided, That this grant shall not extendto any reservation of the U.S.nor preiudice any valid adverseright or claim, if such ‘extstt'.o saidland or any part thereof;nor precludea Judicial examination and adjustmentthereof.
Mr. GRIMES. A valid adverse claim to an inchoate title!
Mr. SHERMAN. That will 've to a tenant under a lease the legal title, an turn over the real owner to the courts.
Mr. CONNESS. Iwill ask that this bill lie over for the present. I see on examining the amendment reported by the committee that the conditions in it are not the same as those contained in the 1st section, and I will make them the same, if the Senate will allow me.
Mr. DOOLITTLE. I' move an executive session.
The PRESIDING OFFICER. It is moved that the further consideration of this bill be postponed until tomorrow. The motion was agreed to. EXECUTIVE SESSION.
Mr. WILSON. I ask the unanimous consent of the Senate to put a House resolution, which is a very brief one, on its passage.
Mr. DOOLITTLE. Will there be any debate upon it?
Mr. WILSON. It is House JtResolution NO. 149.
Mr. DOOLITTLE. I desire to move an executive session.
Mr. WILSON. This resolution will take but a moment.
Mr. DOOLITTLE. That will only lead to some other little bill being called up, and it is now 3 o’clock, andI want an executive session.
Mr. DOOLITTLE. We can open the doors after we get through the executive session and pass it. p
The PRESIDING OFFICER. The question is on the motion of the Senfrom is consin to proceed to the consideration of executive business.
Mr. BUCKALEW. I should like to hear the title of the resolution that the Senfrom Massachusetts wishes to call u read.
The PRESIDING OFFICE. The pending motion is to proceed to the consideration ot executive business.
Mr. SHERMAN. But I presume we can have the title of that resolution read.
The PRESIDING OFFICER. It Will be res. The Sncnr rranr. “A joint 'resolution declaratory of the law of bounty.”
Mr. DOOLITTLE. That will lead to discussion, of courso.
Mr. WILLIAMS. There are several confirmations that ought to be confirmed and which have been pending for several days, and I do not see any reason why we cannot have an executive sesswn.
Mr. WILSON.‘ This is a resolution simply. to allow bounty to the persons who have been detailed from the Army to act in some other place, the same as if they had not been de5 tailed. I think it ought to pass, and pass to t day; butif the Senator insists upon his motion I will not press this resolution
Mr. DOOLITTLE. I think we ought to have an executive session.
Mr. HENDRICKS. What is the question before the Senate?
The PRESIDING OFFICER. It is the motion of the Senfrom Wisconsin to proceed to the consideration of executive usiness. The motion was agreed to; there being, on a division ayes 16, noes not counted; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Ssrunpnv, June 30, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Borurorr. 4 The Journal of yesterday was read and approved. IOWA AGRICULTURAL COLLEGE.
Mr. KASSON. Mr. Speaker, I find, on further examination, thatI was right in supposing that there is no existing provision of law cov ering the object of the JtResolution I offered yesterday morning. Itherefore again ask unanimous consent to offerit, in compliance with the request of the board of trustees of the Iowa Agricultural College. The building, a very cred itable one to the State, large, commodious, and imposing, is now in process of erection, and they desire assurance that there will be no fail ure in the grant ifthe building should not be puite completed in the time now required by aw. No objection was made. The JtResolution was read a 1st and 2nd time. The JtResolution was read at length. It, provides that the time for completing the Agricultural College of the State of Iowa, in accordance with the provisions of the act do nating 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, be extended for th period of one year. The Jtresolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed.
Skip Skip LEAVE OF ABSENCE. Mr. TAYLOR asked and obtained indefinite leave of absence for his colleague, Mr. Goon YEAR‘. onnnn or BUSINESS.
Mr. MORRILL. I ask unanimous consent that the morning hour of today be dispensed with, and that the ComPubLands be allowed an hour for their business after the tariff hill shall have been concluded.
Mr. TROWBRIDGE. I ask that they may be allowed an additional hour.
The Speaker. Giving that committee 2 morning hours?
Mr. MeKEE. I object to giving the committee 2 hours.
Mr. MORRILL. Then I ask that they be allowed a morning hour when the tariff bill shall have been concluded, and that the morn in hour of today be dispensed with.
Mr. MORRILL. I hope the Gentfrom California [Mr. McRUEB] wi withdraw his. objection.
Mr. HIGBY. I hope my colleague will withdraw his objection. d Mr. MeRUER. Very well; I will with raw it.
Mr. HARDING, of Illinois. I renew the objection.
Mr. MORRILL. Then I call for the regular order of business.
The Speaker. The regular order, during the morning hour, is the call of committees for reports, beginning with the ComPubLands, where the call rested at the close of the morning hour on Thursday last. FORT HOWARD MILITARY RESERVE.
The Speaker. The pending business is the consideration of Senate bill No. 168, to provide for the purchase of certain lands therein named, reported from the ComPubLands by the Gentfrom Minnesota, Mr. DensnLLY] The question is upon ordering the bill to be read the 3rd time. The bill was read the 3rd time. The 1st section provides that the ComrGLO shall be authorized to cause to be offered at public 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 newspapers and for such period of time as he may deem best. Every such lot shall be sold separately to the highest bidder for cash, and when not paid for within 24 hours from the time of purchase, it shall be liable to be resold under the order of the ComrGLO, at such reasonable minimum as may be fixed by the SecyInterior, an no sale shall be binding until approved by that officer. The 2nd section provides that it shall be the duty of the President to cause patents to be issued in due form of law for every such lot, as soon as may be after purchase and payment.
Mr. DOi NELLY. I call the previous question on the passage of the bill. I
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed.
Mr. DONNELLY mtRtv the bill was passed; on the table. agreed to. RELOCATION or sonnisi is’ HOMESTEADS.
Mr. DONNELLY, from the ComPubLands, reported back JtResolution (H.R.No. 171) to enable discharged soldiers to change the location of their homestead selections in certain cases. The question was upon ordering the JtResolution to be engrossed and read a 3rd time. The JtResolution was read. It provides that whenever it shall be made to ap ear to the register and receiver of an land otgce of the U.S. that any soldier of the Army of the U.S., who has been honorably discharged from service, did, during such service through any agent or agents, without personal examination, select public lands in accordance with the provisions of the homestead act, which selection, upon personal examination by such soldier, shall prove not to be satisfactory to him, then the register and receiver shall permit the selection by such soldier of another like amount of the public lands for a homestead, the 1st selection to be canceled, and the fees and ten dollars paid themon to be applied to the new selection.
Skip Skip The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. DONNELLY mtRtv the JtResolution was passed; on the table. agreed to. LAND GRANTS FOB AGRICULTURAL COLLEGES.
Mr. DONNELLY. I am directed by the ComPubLands to report adversely upon the bill (H.R.No. 498) to amend section 2 of an not entitled “An act donating public lands to the several States and Territories which may provide colleges for the benefit of agricult ure and the mechanic arts.” 1 ask that a letter on this subject from the ComrGLO be read.
Mr. CLOSSBHENNER mtRtv the bill was passed; on the table. agreed to. SURVEYING DISTRICT IN MONTANA.
Mr. GLOSSBRENNER, from the ComPubLands, reported back a bill (H.R.No. 187:) eredting the Territory of Men tana into a separate surveying district, and for other purposes, with a recommendation that it pass. The bill, which was read at length, provides for erectin the Territory of Montana into a surveying district. The POTUS is authorized to appoint a surveyor general for the district, who shall hold his office at such place as the SecyInterior may direct. The location may be changed from time to time when in the opinion of the SecyInterior the public interest may require it. The powers, duties, obligations, re sponsibilities, and compensation of the surveyor. general are to be the same as now prescribed y law for the surveyor general of Oregon, with a proper allowance for clerk hire, office rent, and uel, not exceeding what is now or may hereafter be allowed by law to the surveyor general of Oregon. It is also provided that thesurveyor general of montana shall reside within the Territory.
Mr. PRICE. I desire to inquire of the gentleman who reports this bill whether the territory of Montana is not now attached to another Territor for surveying purposes, and whether the erritory to which it is attached has not had all the available land surve ed, leaving nothing for the surveyor general there to do, except what is to be done in Montana.
Mr. GLOSSBRENNER. The nearest land office to Montana is that near the Yankton res ervation, in the southeastern corner of Dakota, some 800 miles from the nerthwestern extremity of Montana. The ComrGLO favors the creation of a surve 'ing district in Montana to facilitate and expo its the surveys of public lands. He thinks it is now too remote For the convenient transaction of business.
Mr. PRICE. From information I have on that subject, I am induced to believe the only business for a surveyor to do in that region of country now is in Montana, and the 2 territories being joined together for surveying purposes, this is a work of' supererogation, to say the least of it. It is to create an additional office, with the expense of clerks and all the , other expenses attached to the office of a surveyor general. It will be that much more than is necessary for doing the work. If that be the c e, then this bill ought not to pass. If the su veyor general in Dakota has not more work to do than he can do which I believe to be the caskin both Territories
Mr. GLOSSBRENNER. That is a question which would arise on a proposition to discon tinue the office in Dakota.
Mr. PRICE. If we have a surveyor general in Dakota to do the surveying for Montana as well as for Dakota, and this Government is paying the expense of an office, of clerks, and all the expenses incident to the office of a surveyor general, and nothing is being done, then we on ht not to pass this bill. If there is no work in Dakota, then let him go to Montana where there is work to be done.
Mr. GLOSSBRENNER. If there be no work done or to be done in Dakota, then let the land office there be abolished; but do not therefore deprive Montana of an office, where it is imperatively required by the need of the people and teinterests of the Gavernment. It
Mr. PRIC. If the gentleman will attach that to the bill, then it will remove an objectionable feature to it abolish the office in the other Territory, or let the surveyor general do the work of both Territories, for which he has ample time and for which the Government has provided ample compensation. I think we are incurring an additional expense entirely unnecessary.
Mr. ASHLEY, of Ohio. Has this bill been reported from the Comthe Public Lands?
Mr. ECKLEY. Yes, sir; and it has been' recommended by the ComrGLO.
Mr. ASHLEY, of Ohio. Having been in the Territory myself, I am satisfied the establilshment of a land office in Idaho is absolutely necessary.
Mr. PRICE. This is not for Idaho; it is for Montana.
Mr. ASHLEY, of Ohio. It is still more necessary there even than in Idaho. I will say further, from my observation I believe every Territory should have a surveyor general appointed and resident in the Territory. In the ‘erritoryof Utah there are no public lands surveyed; surveys have been returned, but there are no public lands open for sale in Utah and no land office there, although the Territory has been settled for 18 years.
Mr. PRICE. We are not talking about Utah.
Mr. ASHLEY, of Ohio. I am showing the necessity for the establishment of a land office in every Territory. In Montana there is a population of 30,000, and it is increasing very fast. There are cities and towns in Territories of 4 and 5,000 people. In some there has never been a foot of public land surveyed and sold, and these cities are built upon squatter rights; and the interests of the ‘overnment as well as those of our citizens therefore demand early surveys, so that these lands may be brought into market at once. The Gentfrom Iowa lives upon the frontier and ought to know it would cost more for t“he surveyor general of Dakota to go with his kit" any time during the last 5 years from the capital of Dakotato the capital of Montana than to establish a land office in Montana.
Mr. PRICE. Is not the present surveyor general able to survey both Territories?
Mr. ASHLEY, of Ohio. No, sir; he is not.
Mr. PRICE. Is there any more surveying to be done there than there was 2 cars ago?
Mr. ASHLEY, of Ohio. Certain y. There are on the way to Montana more than 20,000 people. 2 years ago the Territory was organize with scarcely any population, and when I was there last summer there were at least 25,000 people in the Territory.
Mr. PRICE. I do not doubt but what there are a great many people in Montana and a great many more to go; and there is just as much land there now as there was 15 years ago, and I presume it is likely to remain. What I maintain is, that there is no surveying going on in Dakota at all, and the surveyor general who has Montana under his control and direction can do all the surveying in Montana. lfl am right in that, then we ought not to pass this bill. If [ am mistaken in that and it can be clearly shown that the surveyor generafs time is taken up in Dakota so that he cannot do what is required in Montana, that puts a different face on the matter. But that IS not the fact, so far as my information goes, and I have obtained it from different sources.
Mr. ASHLEY, ofOhio. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time' and being engrossed, it was accordingly read the 3rd time and passed.
Mr. ASHLHIY, of Ohio, mtRtv the bill was passed; on the table. agreed to. VIRGINIA LAND WARRANTS.
Mr. ECKLEY, from the ComPubLands, reported adversely on House bill No. 169, allowing the further time of 5 years to those owning land warrants issued by the State of Virginia to her officers and soldiers of the Virginia line on continental establishment to enter and survey the same; and it was laid on the table. MILITARY ROADS IN OREGON.
Mr. ECKLEY, from the same committee, reported back, with amendments, Senate bill No. 99, granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State. The amendments reported by the committee, whichwere ofaverbal character, were agreed to. The bill, as amended, was then ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.
Mr. ECKLEY mtRtv the bill was passed; upon the table. agreed to.
Mr. ECKLEY, from the same committee, reported back, with amendments, Senate bill No. 68, granting lands to the State of Oregon to aid in the construction of a military road from Corvallis to Aquina bay.
Skip Skip The amendments reported by the committee which were of a verbal character, were agreed to. The bill as amended, was then ordered to be read the 3rd time; and was accordingly read the 3rd time and passed., Mr. ECKLEY mtRtv the resolution was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate. by Mr. Fonusv, its Secretary, informed the House that the senate had a reed to the amendments of the House to the bil (S.No.87) making a grant of land in alternate sections to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob, in the State of Missouri, to Helena, in Arkansas. Also, that the Senate had passed acts of the following titles, in which the concurrence of the House was re nested:, An act (S. o. 885) for the relief of Thomas W. Stevens; and An act (S.No.357) to aid in the construction of telegraph lines, and to secure to the Government teuse of the some for postal, military, and other purposes. CONSOLIDATION OF LAND OFFICES.
Mr. ECKLEY. Iam instructed by the ComPubLands, to whom was referred a resolution of the House asking for the consolidation of the land offices in several States, to report a bill consolidatin land offices in the States of Alabama, Florida, Louisiana, Mississippi, and Arkansas. The bill was read a 1st and 2nd time. The 1st section provides for one land office in Alabama, to be located at Montgomery; one in Florida, to be located at Tallahassee; one in Louisiana, to be located at NewOrleans; one in lilississippi, to be located at Jackson; and one in Arkansas, to be located atLittle Rock. The 2nd section provides that there shall be a register and receiver at each of the land offices provided for in the 1st section, whose compensation each shall be the same as now rescribed by law, provided the salaries and fees of each shall not exceed $3000 in anyone year; and that it shall be the duty of these officers, under the direction of the ComrGLO to collect without delay all maps, plots, books, papers records, and other property belonging to the several land offices in those States, and carry the same to their respective‘ offices; and upon reporting that the duty has been performed the Commissioneris authorized to pay them such compensation for such extra services as in his 0 inion may be reasonable and just. The t ird section repeals all acts and parts ofacts inconsistent with this act. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingl read the 3rd time and passed.
Mr. EC (LEY mtRtv the bill was passed; on the table. agreed to. HOMESTEADS IN NEWMEXICO AND ARHZO‘NA.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingl read the 3rd time and passed. Mr. EC LEY mtRtv the bill was passed; on the table, agreed to. FOLSOM AND PLACERVILLE RAILROAD.
Mr. ECKLEY. I understand that the Gentfrom NewYork [Mr. Davrs] objects to this railroad company, to whom we make a liberal grant of Ian, making a contract by which they shall agree to do cert am things for the Government, I think that noother member of the House is disposed to make such an objection. I ask the previous question. the previous question was 2nded and the main question ordered.
The SPEAKER. The question will be taken in gross upon all the amendments reported by the committee, with the exception of the one on which the Gentfrom NewYork [Mr. DAVIS] has cidled for a separate vote. The question being taken, the amendments, except that reserved, were a reed to. The amendment on which a separate vote was demanded was read, as follows: Add to section 5 the following: That the said railroad shall benndrcmain a public highway for the e of the Government of the U.S., pee 0 all toll or other charge u 70! the transportation of any propertyor troopsof the U.S.: and the same shal be transported over said read at the cost.charge and exponscot the corporation or company owning or operating the same.
Skip Skip The amendment was agreed to. the bill was ordered to be read a 3rd time and it, was accordingly read the 3rd time and passed.
Mr. ECKLEY mtRtv the bill was passed; upon the table. agreed to. MINNESOTA LAND GRANT.
Mr. ECKLEY, from the same committee, also reported back House bill No. 310, mak in an additional grant of lands to the State of gMinnesota in alternate sections to aid in the construction of a railroad in said State, it being already)I‘UVldOdin the Senate bill, and moved that it lM laid upon the table. agreed to.
Mr. HOLMES, from the same committee, made adverse reports in the following cases; which were'laid upon the table: Petition of the National Normal School Association, praying for a grant of lands to establish State normal schools. House bill No. 299, to amend an not entitled “An act for the relief of the purchasers and locators of swamp and overflowed lands.” Memorial of the Legislature of Washington Territory relative to common schools. Memorial of the Governor and legislature of the Territory of Utah praying for at onntion for town sites in said Territory for school purposes. Petition of James D. Regnnrt, late receiver of public funds at the U.S. land of fice, StCroix Falls. House bill No. 206, to improve the navigation of the Mississippi river to StAnthony and Minneapolis. Petition of the citizens of Buffalo fora donation of public lands for the improvement of Eagle harbor. Lake Superior.
Mr. HOLMES. I will say in the last 2 cases an adverse report has been made from no hostility to those improvements, but because it is necessary 1st to receive reports of the surveys for which an appropriation has been infide in the river an harbor appropriation I cusses or moon or SURVEYING.
Mr. HOLMES, from the same.committee, reported back House bill No. 35 5, to authorize a departure from the established mode of surveying in certain cases, with the recommendation that it do pass. The bill suites that, owing to the peculiar habits of settlement of a portion of the people of NewMexico and Arizona, and the irregular configuration of the surface of the country in some parts of the mountaine us States and territories, the ordinary mode of surveying the public land is not suited to all circumstances and localities; and that the adaptation of the public surveys to the peculiar wants of the people and to the face of pthe country in such cases would save expense to the Government and promote the public interest. And then it goes on to enact that whenever, in the opinion of the ComrGLO. a departum from the ordinary mode of surveying the public lands in the mountain regions or invthe river valleys would best promote the public interest, he may authorize such modifications therein as he shall deem necessary to adapt the surveys to such localities respect ively; but no such changes shall he made except under specific regulations and instructions; provided that it shall not be construed to authorize the surveing of any public land into tracts containing css that 40 acres nor more than 160 acres each.
Mr. KASSON. Mr. Speaker, the bill which has just been read appears to me to he of more importance than the House seems to think. It 18proposed to change the entire system of land survey which has existed so long in the U.S. in reference to a portion of the western country. I would be gliid if the gentleman would allow the bill to go over and be printed, so that it may be examined by the cone before such a change is made in a sys' tern so'long established as our present system.
Mr. HOLMES. The bill has been printed, and was passed by this House at the last session of Congress, after consideration and recommendation by the ComrGLO 14nd Office. It was reported favorabl by the committee, and passe the House. as am informed, almost unanimously.,
Mr. KASSON. I will only say, then, that without any limitation as to the form in which the survey is to be made, such a bill deserves more examination than it could have under the pressure of business of that committee.
Mr. HOLMES. I have no objection, if the bill can be taken up at any time. It simply authorizes surveys to conform to the circumstances of the country. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossedI it was accordingly read the 3rd time and passed. Mr. HOLMES mtRtv the bill was passed; on the table. agreed to. LAND TITLES IN CALIFORNIA.
Mr. JULIAN. My friendfrom NewYork [Mr. HOLMES] has yielded to me to enable me to make a report which I promised to make recently. I report back from the ComPublic Lani 5 Senate bill No. 343, to quiet land titles in California, with sundry amendments.
Mr. BIDWELL. I wish to say that I have a few amendments which I desire to offer to this bill, and for the purpose of saving) time I would like to have them read with the ill.
The Speaker. The usual course is 1st to have the bill read, and then the amendments reported by the committee. After that the gentleman can offer his amendments. The bill was read; and at the conclusion of the readiu,
The SP AKER announced that the morning hour had expired, and the bill would go over until next Tuesday morning.
Mr. JULIAN. I ask unanimous consent to have the bill and amendments printed, including those proposed to be offered by the Gentfrom California [Mr. Brownian] No objection being made, it was so ordered. TERRITORY QI? LINCOLN.
Mr. ASHLEY, of Ohio, fromthe ComTerritor, reported back House bill No.647, to provide a temporary government for the Territory of Lincoln; which was ordered to be printed and recommitted to the committee. TELEGRAPH LINES.
Mr. ALLEY. I ask unanimous consent to take from the Speaker’s table for the)urpose of reference Senate bill No. 367, to aiil in the construction of telegraph lines, and to secure to the Goverument the use of the same for postal, military, and other purposes. The bill was accordingly taken up, read a 1st and 2nd time, and referred to the ComPostOffice. PUBLIC PARK IN THE DISTRICT.
Mr. RICE, of Maine, by unanimous consent, introduced a bill for the establishment and maintenance of a public park in the DistCol; which was read a 1st and 2nd time, referred to the ComPubBldg and Grounds, and ordered to be printed. TARIFF BILL.
Mr. MORRILL. I now move the rules be suspended and the House resolve itself into ComWhole on the state 'of the Union. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Scorrsu) in the chair,) and resumed the considerution of the special order, being bill of the House No. 718, to provide increased revenue from imports, and for other purposes.
The Clerk resumed the reading of the bill by paragraphs for amendment, commencing as follows: pernp wrought iron tubesof all descriptions.four cent! on wrought iron hingesof all descriptions, and bed screwsfour centsper pound; on ulvanized iron of all cscriptinns, 4 and one inlf centsper pound; on anvils of all descriptions.four centsper pound: on cut nails and spikes of all dascriptions, 2 centsper pound; on all hand saws not over 24 Inchesin length.$15opm dozen and 30%. ad oalorem; over 24 inches in length, 825oper dozen, and in addition thereto, 30%.ad culorr‘m, onall back saws not exceedingten inchesin length, 81 25perdozcn, and in addition thereto, 30%.adoalorem, over ten inches in length, 82 25 perdozen, and, in addition thereto, 30%. advulurenl; on squares of steel or iron, marked for measuring, 6 centsper pound, and in addition thereto, 30%. advalorem.
Mr. AMES. I move to amend, in the last l“ine, by striking out “ 30 ” and insertin 50, " making it “ 50%. advalo'rem.’ Steel has been advance in price 3 cents perpound, and thus stands at the old rate of duty.
Mr. MORRILL. I suggest to the gentleman to make it at the rate peround rather than advalorem. I suggest to made it ten cents.
Mr. AMES. I will acce tthe modification to strike out “six cents’ and insert “ ten cents, ” leaving the advalorem duty as it stands.
Mr. MORRILL. I move toamend this paragraph by striking out “ 6” and inserting “ 9, ” so as to make the duty mne cents per pound. I will state that we raised the duty upon all steel and iron from which these squares are made, and it is manifestly improper that we should leave all iron and steel squares at precisely the same rates they have borne here tofore. The Gentfrom Illinois [Mr. HARDING] is not perhaps aware that in the manufacture of these articles a large amount of waste is incurred. It takes much more iron or steel to manufacture a square, than what is really found in the square after it is made, which is usually not a heavy article, but may have had much labor bestowed upon it.
Mr. WILSON. of Iowa. I would ask the Gentfrom Vermont [Mr. MouuiLi.] if it takes more steel and iron to make a square in England than it does in this country.
Mr. MORRILL. The Gentfrom Iowa [Mr. wH.SOX] is too astute himself to be deceived on this question, and he on ht not to undertake to betog anybody else. e knows very well that if steel is allowed to come into this country only at so high a rate of duty that squares cannot be profitably manufactured from it. then, instead of steel coming in here‘ inmanufactured, We will have it imported in the manufactured form.
Mr. KASSON. I would ask the gentleman if we did not essentially reduce the internalrevenue tax on these articles.
Mr. MORRILL. The gentleman asks that question for the sake of havin me argue his aid; of the question, which I 0 not propose to o.
Mr. MORRIILL. The facts have already been stated.
Mr. MOORHEAD. I rise to oppose the amendment of my colleague, not for the purpose of replying to his argument, but to say a few words in answer to the cloquent argument of the Gentfrom Illinois, [qhl Mr. HARDlNG.] The item now is steel squares. It is therefore connected with the manufacture of steel, and is a good place for me to make the illustration I desire. The Gentfrom Illinois has argued the question all through as if the amount of duty levied upon the foreign article would enhance the price to the extent of the duty, and that the additional price would have to be paid by the consumer. The argument can be illustrated upon this item of steel, as indeed it can upon every other article 'imported from abroad. 20 years previous to the tarifl" of 1851, known as the Iorrill tariff considered by man to be a high tariff the price of foreign steel, or we had no American steel then, and have little now, was from 17 to 19 cents. That tariE advanced the duty. Previous to that it was only 12%. advalorem. That tariff more than doubled that rate. It has been increased since by the tariff of 1864, and we propose to advance it more. Notwithstanding this is said to be the best country to sell in, on account of our inflated prices, still the price for steel throughout the U.S. is much less now than then. How can the gentleman answer facts like these when he endeavors to induce the people to believe the rate of duty levied upon an article increases the price to our constituents? It is a false idea entirely, and these facts in regard to steel show that it is. I hope the gentleman will carefully consider them, and if he does, I am sure he will change the view he now takes of this subject.
Mr. HARDING, of Illinois. I rise to move an amendment.
The CHAIRMAN. Neither amendment nor debate is now in order.
Mr. KELLEY. I withdraw my amendment to the amendment.
Mr. HARDING, of Illinois. I renew it. I wish to say to gentlemen that all the arguments they have presented to this House are predicated on the basis that by reason of the duty imposed the subjects of this legislation will be protected from any reduction in rice. They say that reduction in price will ruin them, and therefore it is necessary to keep it up. They wish to keep the price so as to prevent all foreign competition. We are to d that foreign competition, by lowering the price to the consumers of this country, would ruin them. It will not be denied that this is the argument for keeping the duty up on this and all other articles. They ask this tariff that they may be protected from any reduction in price, and therefore the consumers of the country are compelled to pay the 300 millions of revenue which this is expected to raise. If you put a heavy duty on nails for instance , I will have to pay it if I use nails.
Mr. MOORHEAD. The gentleman is unfortunate in his illustration when he refers to the duty on nails. We ask no protection on nails now, and it is not necessary to put any duty on the importation of nails. We can beat the world in making nails. The very system of protection we now propose has built that manufacture to such an extent that it is able to compete favorably with any like foreign interest.
Mr. HARDING, of Illinois. If that interest does not need any protection then why impose a duty of 2 cents perpound on nails in this bill? While I am ready and willing to maintain the industrial interests of the country against ruine us competition, I am unwilling to put up the duty 30 (%., the effect of which will be to enrich uring the next year everybody connected with manufactures. If we are now commencing to build woolen, cot ton, and other manufacturing establishments, and if by this bill we are to pay 33 and 1/3rd%. additional to the present prices for all the material with which we lit up those establishments, I do not see how you call that encouraging manufactures. It is a bill for the encouragement of those who have a large stock of goods on liand. They will reap the benefit of it within the next year. k1 ere the hammer fell.]
Mr. AltDING, of Illinois. I withdraw the amendment.
Skip Skip The question was taken on the amendment of Mr. ‘Honuiu. to strike out “six” and insert “ nine.” and it was agreed to.
The Clerk read as follows: On needles of all kinds for sewing, darning, and 'kknniittttiinngg. 40%.ad calorem; on needlesfor or sewmg machines, onedollar per 1,000 and in addition thereto.35%. ad on 7‘81". 0n tablecutlery, with ivory. pearl.ormetalhandles. one dollar perdozenand 45%.ml oulorem; on table cutlery with other than ivory. pearl or lnntnl handles. 20 5centsper dozen.and. in addition thereto. 40%. ad colorem; on butcher knives.cook’sand shoeknives, and sputulns and palettes.one dollar pergross.and, in addition thereto. 50%. ml valor em.
Mr. ALLISON. I move to strike out after the word ‘5 handles” the words “25 cents” and insert “ 12 cents.”
The Clerk read as follows: lerOyn, ncouttlery of all kinds, not including pocket cut hereine therwiseprovidedfor. 50%. ad cqlorem, on pocketknives and pocketeutlery of all kinds valued at not over 5 dollars perdozen. 75centsperdozcn, and.in additionthereto. 50%. at! onlorem; valued at over 5 dollars perdozen.twodollars perdozen.and.in addition thereto. 50%. all vqlofcm. On steelskatescosting 20 centsor lessperpair, ftoerntyc efinvtesperpair: costingover 20 centsperpuir,%.ad on are)". On padlocksand curry combsof every description and of whatever material composed 2fivo cents perdozen.and, in additionthereto, 45%. ad onlorcm.
Mr. DAWES. I move to amend by adding after the last paragraph the following: On chest, drawer.till. cupboard and wardrobelocks of everydescription, and on door and shutter bolts and wrought iron drawers, 12 cents perdozen, and in addition thereto, 45 centsmi onlorcm. This is rendered necessary by reason of the | a If upon the other side, the laborer 3 l duty on the articles that enter into their manufacture.
The Clerk read as follows: On horse shoe nails, all kinds. sevan cents perI pound: on cut tacks.brads, or sprigs not exceeding 16 oucesto the 1,000.two and a half cents “ per 1,000; exceeding16ouncesto the thou sand, 3 centsper pound. l Onwroughtnails andspikeslessinsizethan 20, penny (20th,)tour centsper pound: and onall otht! wrought nails or spikes. 3 centsper pound. l
Mr. MORRILL. I move to strike out the last paragraph and insert in lieu thereof the following: i On wrought iron rivets. bolts, spikes, and nails less in sizethan 20;penny. 4 centsper pound: on i all other wrought iron rivets. bolts.spikes or nails not hderein otherwise provided for. 3 cents perpoun.
Mr. GRISWOLD. I move to insert after the last paragraph, “on horse and male shoes, 2 cents.”
Mr. GRISWOLD. The principal producers l of the article are satisfied with “two cents, but Iam willing to make it higher if the gentleman desires it.
Mr. STEVENS. I think it ought to be 4 cents, but I will say 3.
Mr. KASSON. I understand the gentleman to say that the parties interested were satisfied with 2 cents, but now the Gentfrom Pennsylvania It ought to be more than proposes to increase it in order to conform to the general principle of protection or prohibition. I think the gentleman i from NewYork had better adhere to what the ! parties in interest are contented with. l
Mr. MORRILL. I trust the amendment I, making the duty 3 cents will not be adopted. These articles are made by patent machinery, and are produced very cheaply, and I think the manufacturers will be content with 2 cents.
Mr. GRISWOLD. Iwill adhere to my ori ginal proposition, making it 2 cents perpound.
The Clerk read as follows: On railroad splice bars or chairs, punched or unpunched.two centsand a half perpound. On iron barsfor railroads or inclined planes, made to pattern. ready to lay down, one cent perpound.
Mr. MORRILL. I move to strike out the last paragraph and insert in lieu thereof the following: On all iron imported in bars for railroads or in clined planes, madeto patterns and fitted to be laid down on such roads or planeswithout further inan ufacture, one cent perpound.
Mr. GRISWOLD. Mr. Chairman, I desire toinguire of the Gentfrom Iowa what he would regard as a proper protection for the iron interests of this country.
Mr. WILSON, of Iowa. I will answer the gentleman. I know that the iron interests in this country have been prosperous during the past 4 ears. I know that the have pros pered under the present tarifl". know that according to the statement of the gentleman to whom I have referred and any person can satisf himself as to its accuracy we have reduce the tax to the extent I have stated.
Mr. GRISWOLD. 1 did not yield to the gentleman for a speech, and I must go on, with my remarks. I desire to inform the gentleman that instead of its being the fact that prosperity has attended the manufacture of rail roa iron during the last 4 years, nota rolling mill in the country during the last 18 months has made one dollar; and there is not a mill in the country that can run today, competing with the English manufacturer, without a ruine us sacrifice in its business.
Mr. WILSON, of Iowa. I wish to ask the Gentfrom NewYork a question. Mr.GRISWOLD. I cannotyield anyfurther. Mr. Chairman, the gentleman’s strong point is and it is no new argument presented on this floor the strong point made by these western gentlemen is, that they are in want of railroad iron at a low price for the purpose of cheapening the cost of constructing their railroads. I desire to ask the Gentfrom Iowawhether he believes that striking at a great interest of this country is the way to promote the general prosperity and secure the construction of railroads in a portion of the country. Now, sir, the cost of constructing railroads, on the average, is 40 to 50,000 dollars per mile. The differeuce between the present duty on rails and the proposed duty would make a difference of only $450 permile in the cost of the construction of railroads. Yet the gentleman, for the sake of saving 400 to 450 dollars permile in the cost of constructing railroads, is ready and willing to strike at this great interest.
Mr. WILSON, of Iowa. Will the gentleman permit me to ask him a question?
Mr. GRISWOLD. No. sir; I have not time to ield. Now, sir, I should like members of this house to decide whether they deem it incum bent on them to protect American interests, or whether they are here to act in obedience to the behests of the En lih manufacturer. In the Engineer, an Eng ish publication, I find, on page 295, the following: “ Oneof the objcctsof the British association[the Iron and Steel Association] is to look after foreign tariffs.” Now, Mr. Chairman, I present to the consideration of the Gentfrom Iowa the question whether it is wise to respond to the desire of the English association formed for the protection of manufactures there and to look after foreign tariffs, including the tariff of this country. In perfect consistency with this purpose is the issuing of the free trade pamphlets. which have been circulated throughout the country. Congress has been flooded with them. Every member has had placed it on his desk these specious arguments issued y the Free Trade League in this country. Mr. Chairman, i whom do We find to be the managers and 0th cers of this assoeiation ‘1 I stand here ready to l prove that not a solitary mun among the officers 0r counselors of this Free Trude League is iden tified with the industrial interests of the U.S. Almost without exception every man of them is either a mere theorist or is directly or indirectly interested in or identified with the English trade. [Here the hammer fell.]
Mr. WILSON, of Iowa. I withdraw the amendment, that the Gentfrom NewYork [Mr. Itavnoxn] may renew it.
Mr. RAYMOND. Mr. Chairman, I renew the amendment. I desire to say a few words with reference to this particular clause in the bill; and I shall not seek to have the House decide it by an appeal to prejudices that may be created, as they are often created, by quotations from foreign newspaperspr from the circulars of some particular foreign firm. This is a simple question of detail. Iy colleague [Mr. GRISWOLD] appeals for protection to the rolling interest of this country. That' interest is entitled to protection. There are other interests also entitled to protection. But my complaint is, that in seeing to protect one interest. gentlemen on this floor generally are too apt to'lose sight of all others. Sir, what is the increase in this rate of duty and the reason assigned for it? Previous to the last session the duty on railroad iron was $13 44 perton. It was raised last year to $15 75, exressly for the reason that the internal tax evied on it was $8 40. Now, that internal tax has been thrown off, and yet it is proposed to raise the duty to $22 40.
Mr. GRISWOLD. I ask the gentleman to let me interrupt him for a moment.
Mr. GRISWOLD. I desire to say that the duty imposed under the present tariff nffords no protection at all to these rail makers. This is proved not only by theory but by experience, and Iwill demonstrate it to my colleague when ever he will give me an opportunity. We were told at the 1st session of the 38th Congress, against the plea for increased duty on American rail, that there was not capacity in this conntryto produce all that was needed. What are the facts tn day? With a capacity in this country of producing 9 100,000 tons annuaily, last year the production was only about 350 or 400,000 tons; and that was because the price at which the low grade of English rails were offered in the market of this country.was so low that the American producers could not compete with them. That is the simple fact. I command it to the consideration of the gentleman, and I appeal to his sense of justice not to ignore that fact. If gentlemen are going to single out for at tack this one single branch of the iron interest, I give them notice that it will be just ns‘disas trons and'fatal as though they attacked all the branches of the iron interest together. You cannot single out anyone branch whichnb sorbs so much labor and material as this does without producinga disastrous effect upon every branch of the iron interest. The Gentfrom NewYork city [Mr. RAYMOND] knows as well as I do that no branch ofindustry in England has ever contributed so much to the national wealth and prosperity of that country as has the great iron interest; and no branch of industry will ever contribute so much to the national wealth and prosperity of this country as the great iron interest if properly encouraged and protected. I appeal to him not to permit his judgment to be warped by the fail e and specious arguments that are presented by gentlemen who are interested in railways or English manufactures.
Mr. RAYMOND. I withdraw the amendment to the amendment.
Mr. WILSON, of Iowa. I renew the amendment for the purpose of sayin a few words. I think if the Gentfrom NewYork [Mr. Gurswow] would deal a little more in details and not quite so much in generalities we might undei‘stand this question a.little better than we do now. He says the manufacturers of railroad iron in this country have not been conducting a profitable business during the last 4 years. I suppose they have not conlosing a great deal); they have probably succeeded in at least inying expenses.
Mr. MOORHEAD. Insk the gentleman, if he had any such understanding, with whom it was he had it.
Mr. ALLISON. I may have perhaps used too strong on expression. I am not at liberty l to state what occurred in committee on this free trade. I am willing for one to give to the subject, or I would be very happy to commu nicate everything for the information of the House. I do not say the Gentfrom the Pittsburg district is not and has not been in favor of the largest protection to the iron interest. I am with him, and with all others, in favor of protection, but not to the same extent. I am in favor of protection when there is necessity for it, but there is no such necessity, in my opinion, for the high rate of tariff proposed in thls bill for the protection of this iron interest. [Here the hammer fell.]
Mr. ALLISON, by unanimous consent, then withdrew his amendment.
Mr. BENJAMIN. I renew it; and I do it for the purpose of expressing a few ideas not given by the Gentfrom Iowa in connection with this duty. There is another great interest more seriously affected by this bill than either the iron or railroad interest, or indeed than both interests combined. he agricult ural interests of the country will feel the result of this legislation. Gent emen representing the iron interest seem to have taken the agricultural interest under their especial charge, thus seeming to insinuate that the representatives of the great West are incapable of protecting their own particular interests. They say that we must build up a home mar ket for the agricultural products of our country. Now, our products are affected by the facility or want 0 facility of getting them to market, and for the purpose of affording the facility required we are straining every nerve to build railroads, so that the farmers may have ready access for their products to market. And here we have a proposition to increase the duty 6 dollars in gold on railroad iron. We know how that will affect the railroad interest of the West. It will interfere with it.ve seriously by im eding the construction 0 those railroads; or unless we can extend transportation facil ities to the farmers of the West their products will remain on their hands. This increase of duty, therefore, is really a tax on the agricult ural interest. It will enhance the price of railroad iron, and to that extent increase the dif ficulty of building these roads sonecessary to the West. The increased duty will come out of the pockets of the agriculturists. Every farmer who raises a poun of beef or pork, or who attempts to transport a barrel of flour or bushel of corn to mar 'et. has to pay this tax. Now, I do not see why this interest should be so heavily oppressed for the protection of the iron interest. [Here the hammer fell.]
Mr. STEVENS. Mr. Chairman all those free trade doctrines that are now located along the Mississippi were some years ago further located down South. I had hoped that they were eXpunged from the free industrial manufacturing North, but I was mistaken. whatever else the secessionists took with them I am very sorry they did not take all their relics of free trade doctrine with them. But it seems they did not; a little of the seed is left. Mr. Chairman, 30 years ago, before there were rolling mills in Pennsylvania for iron bars of this kind, the price of that article introduced from England was more than 3 times what it was 5 years ago, before the war. It was reduced from the former price simply by protecting American manufactures, and enabling our rolling mills to build up the trade. And yet these gentlemen cannot see it, cannot understand it. They are blind to everything but a the ory which is mere theory, and never can be reduced to practice without crushing all the industry of this country. Do not gentlemen know that the reason why England can now send into this country, as she does, nearly as much iron as we make is because the price of labor is but 1/3rd what it is here? Why, sir, the price of iron is well ascertained to consist of one part capital to 19 parts labor. 19/20ths of it is labor. It is the laborer, v therefore, that these gentlemen are striking at; l it is the laborer whom the Eco Trade League of the Gentfrom Iowa [Mr. Kassos] are seeking to grind by carrying out histbeory. I say the Free Trade League of the Gentfrom Iowa, for I find his name connected with one of these leagues. I find his name in its circu lar as among its managers. But I am to0 much exhausted to speak and I will say no more.
Mr. KASSON. I renew the amendment. I am glad my distinguished friendfrom Pennsylvania, [Mr. Srnvnxs] with whom on the same committee I have worked for 3 years, has again renewed his suggestion ranking me as a free trader. I am glad of it for 2 reasons: 1st, that it affords me the opportunity to state in a dozen words what kind of divisions exist as to the principles that control members of this House. as well as the people of the country, on this subject. There is on the one hand the absolute free trader, who wishes to abolish customhouses and let the markets of the world be as free as those of our own country. At the antipodes from him is the man who calls himself a protectionist, but who is really a prohibitionist. One of the latter class, and a friend of the Gentfrom Pennsylvania. declared to me that he would build a Chinese wall between the U.S. an every other part of the world. That was his remedy for our differences.
Mr. STEVENS. I never said anything of that kind.
Mr. KASSON. I did not say that the gentleman said it, but a friend of his and a distinguished protectionist of Pennsylvania, to whom the gentleman defers, like most Pennsylvanians, as authority.
Mr. STEVENS. I do not defer to that door trine.
Mr. KELLEY. Railroads running through. wildernesses are not very good investments. 1 In order to make a railroad profitable it should run from town to town and through towns. There should be cultivated farms upon itsline and the farmers should have a market, an those who work the farms should have the means to buy goods carried to them and thus patronize the railroad. The Gentfrom Missouri [Mr. Beams ms] remarked that the planting and farming interests must have facilities to get to market. I tell him they want one thing more than that. They want a market to get their products to. When they burn corn for fuel on the prairies of Illinois and Missouri, it is not for want of a broad river down which they may float them to market; it is for want of a market at the end of the river. Let them induce the construction of worksbops, rolling mills, forges, and furnaces near to their fields and they will have adequate facilities for getting their productions to mar ket. The market will be at their door. Onc other point. The Gentfrom Iowa [Mr. Wilson] said that these changes of tariff were for increasing wages; that we were continually asking more tnritf to pay more wages.
Mr. WILSON, of Iowa. I desire to say that I said no such thing. I said that this sys tem of legislation was calculated to keep up i 'iccs. In that I include everything.
Mr. KELLEY. Embracing everything, he included wages. I am for increasing wages so that every working man may be able to leave when he dies more than enough to buy his cofiin; that he may educate his children and leave a home for them to live in. I am for so increasing wages that tempted by them the skilled workmen of England, France, or Bel gium shall come and settle on the lands of the Vest that are traversed by railroads, and there by increase the value of lands and railroad stock, and create a market for the products of the field. This is the method of securing permanent prosperity to the railroads in which the gentlemen from the West are interested. This ill will stimulate immigration, increase the value of western lands by giving the farmer a market always accessible, and will relieve the embarrassed railroad companies of the West.
Mr. WILSON, of Iowa. The reason the gentleman urges is the very;1 one which several large iron manufacturers have urged to me. They complained of the price they had to pay their workmen, and were in favor of reducing wages instead of increasing them.
Mr. MOB BILL. I move that the committee rise for the purpose of terminating debate. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. SCfil ‘IELD reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the house No. 718, to provide increased revenue from imports, and for other purposes, and had come to no resolution thereon, CLOSE OF DEBATE.
Mr. MORRILL. I move that when the ComWhole on the state of the Union shall resume the consideration of bill of the House No. 718, debate on the paragraph in relation to railroad iron be terminated in ten minutes. The motion was agreed to. TARIFF BILL AGAIN.
Mr. IORRILL. I move that the rules be snspeu ed, and that the House resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. SGOl ‘IELDin the chain) and resumed the consideration of the special order, being a bill of the House (No. 718) to provide increased revenue from imports, and for other iurposes.
Mr. MORRILL. Mr. Chairman, I think that this question has been pretty thoroughl venti lated. I do not suppose it is necessary or eu tlemen on either side to get into any kin of heat upon the subject. Al that is necessary 18 to understand the facts. I believe that we ought to consider the changed circumstances of the country at the present time in relation to this manufacture, as well as all others. It is true that the large i.ncrease of our taxation upon i almost all kinds ofarticles increases the expense of the manufacture. It is also true that our in flated currency makes the cost of living to the workman far greater than ever before. He cannot buya barrel of flour or a barrel of meat or anything clse necessary for the subsistence ofhis fitiiiily without aying a largely increased price. So a specific duty of the same amount which would answer the purpose 4 years ago is not now enoii h. But the Gentfrom NewYork 8 g I [Mr. Ens] was mistaken in reference to the amount of increase proposed in this bill. The present duty is 70 cents per 100 pounds, or 14 dollars a ton. This proposes 20 dollars a ton. It makes an increase, therefore, of 6 dollars. The reduction of the internalrevenue tax it is just and proper we should cohsider. In that we not only relieved railroad iron by name, but we also relieved pig iron, making a deduction; equal to $7 20 perton. Now, Mr. Chairman, I think the gentlemen from Iowa and the West ought to favor this tariff on iron. My friendfrom Missouri lives very near the great Iron mountain. It would be very great gain to the West if that mountain could be melted down into railroad and other iron. They have coal, and there is no reason why they should not produce iron cheaper than in Pennsylvania or anywhere else. I hope soon to see that result reached.
Mr. ALLISON. We do not oppose a duty on railroad iron but only the exorbitant rate which is here proosed.
The CHAIRM N. Debate is now closed by order of the House.
Mr. MURR ILL modified his amendment by strikin out “or” and inserting “and.”
Mr. ENJAMIN demanded tellers on the amendment to the amendment offered by Mr. wILSON, of Iowa. Tellers were ordered; and Mr. Winson of Iowa, and Mr. MYERS, were appointed. The committee divided; and the tellers reported ayes 50, noes 40. So the amendment to The amendment was agreed to. The question then recurred on the amendment as amended.
Mr. WILSON. of Iowa, demanded tellers. Tellers were ordered; and Mr. Wilson of Iowa, and Mr. COFFROTH, were a pointed. The committee divided; and the tellers reported ayes 44, noes 47. So the amendment as amended was rejected.
Mr. WILSON, of Iowa, moved to amend by striking out “one center ound” and insert in “ 70 cents perinn red pounds.” Mr. THAYI‘IR. demanded tellers. Tellers were ordered; and Mr. ALLISON and Mr. Monniu. were appointed. The committee divided; and the tellers reported ayes 15, noes 56. So the amendment was rejected.
Mr. ALLISON moved to amend by strik i“ng out “one cent peround” and inserting 75 cents per 100 pounds.” The committee divided; and there wereayes 85, noes 58.
Mr. WILSON, of Iowa. demanded tellers. Tellers were not ordered. So the amendment was rejected. the Clerk read as fol.lows: Q On iron known as angle iron, 2 and 3/4th cents perpound.
Mr. MORRILL. I. to strike that out and insert in lieu thereof the following: On iron known as angle iron. whether in shapes called T. L and H or any other shapes than round. square, or flat. not hercin otherwise specified, 2 and 3 mmrter centsper pound.
Mr. ALLISON. I move to strike out the words “and 3/4ths;' so as to leave the duty on angle iron at 2 cents perpound.
Mr. TROWBRIDGE. I would like the Gentfrom Vermont [Mr. MORRILL] to tell us what kind ofiron “angle iron” is.
Mr. MORRILL. It is iron used for girders in buildings and for various other purposes. It is a large, heavy iron for building purposes, l made in various shapes, known as L, T, and H iron, and by various other names. The amendment of Mr. ALLISON was not agreed to.
The Clerk read as follows: On old scrap iron. 5 dollars perton: Trovided. That nothing shall be deemedold iron that has not beenin actual use, and is tit only to beremanufao tured by reheating.rollingI and welding.
Mr. MORRILL. I move to amend this par agraph by inserting the word “and” after the wor “ reheating;” also by striking out “and” and inserting “or” after the word “rolling.”
Mr. BUNDY. I move to amend by striking out the word “ 5” and inserting the word “ ten” before the word “dollars, ” so as to make the duty on old scra iron ten dollars perton. I wish to state as the reason for my motion, that the scra ironmentioned in this paragraph is what is nown as “ raw Scrap, ” and is nothing more or less than the odds and ends of wrought iron, bar iron, round iron, and all those kinds of iron from blacksmiths’ shops. It is more valuable than any other description of wrought iron, except it be perfect bar iron, &c.
Mr. HOOPER, of Massachusetts. I would remind the Gentfrom Ohio [Mr. BUNDY] that the proviso of this paragraph states “that nothing shall be deeme old iron that has not been in actual use.”
Mr. BUNDY. That would include any iron that is the refuse of blacksmiths’ shops, or any other shops where they manufacture wroughtiron. It is iron that is worth in the mar 'et. today from 2 and 3 quarters to 3 cents perpound, or 50%. more than pig iron. There ought to be a duty upon it of at least ten dollars perton.
Mr. STEVENS. And though so much more valuable, it has been always rated heretofore at the same duty as pig iron. The question was to en on Mr. BUNDY’S amendment; and on a ivision, there wereayes 28, noes not counted. So the amendment was not agreed to.
The Clerk read as follows: On iron wire. bright, coppered or tinned. drawn and finished.not morethan one 4th of an inch in diameter, nor lessthan number 16 wire gauge, 4 centsper pound: lessin size than number 6 tgeaeung.ea.nd not less than number 25 wire 5 and a half cents perpound; less than number25 Wiregaugtmiixcentsper pound.
Mr. DODGE. Imove to amend this para graph by inserting after the word “coppered” the word “galvanized.”
Mr. DODGE. I move further to amend by adding to the paragraph the words “and, in addition thereto, 10%. advalorem.” My reason for offering that amendment is that the duty proposed here is not sufficient for the better class of wire used for telegraphs, &c.
Mr. ALLISON. I hope that amendment will not be ado ted, for I think we have already advanced the duty on iron wire quite enough. The rate of the 1st class under the present law is only 3 and a half cents perpound, and 15%. advalorem, and we have increased it to 4 cents perpound; and the other class, which is new 4 cents perpound, we have increased to 6 cents.
Mr. MORRILL. The amendment of the Gentfrom NewYork, [Mr. DODGE] as he explains it, I do not think a proper one; but in the form he has actually otfere it there is no objection to it.
Mr. DODGE. My amendment has reference to all the kinds of wireenumerated in this paragraph. The amendment of Mr. Donna was then agreed to.
Mr. MORRILL. I move to insert after the paragraph last read the following: On iron spiral furniture springssix andahalfcents perpound. I merely desire to say that without this ar agraph these springs will be imported atiess than the wire. The amendment. was agreed to.
The Clerk read as follows: On locomotivetire of iron. orbarsrolled andout for such uses, of whateverlength, 3 centsand a perpound; half on'locoine tivetire or barsrolled for such uses.ofsfccl or of iron. refinedby the Bessemerprocess.four centsper pound. No amendment being offered,
The Clerk read as follows: On all puddled andhlisteredsteel, andon all steel other than eastor shearsteel, in bars.sheets, slabs. gpilnagtess, coils.axles. tire and parts of machineryfor a duty of 3 and a half centsper pound. No amendment being otfered,
The Clerk read as follows: On all cast and shear steel.in bars.in ts. slabs. spilnagtess., coils. axles. tire and parts of mac ine ry for valued at 7 centsper poundor less, aduty of 4 and a half centsper pound. 0
Mr. HOOPER, of Massachusetts. I move to amend byinserting after the word “ingots, ” in the paragraph just read, the word “sheets.”
Mr. HALE. I move to amend the endin paragraph by striking out the words “(your and a “ half” and inserting in lieu thereof the word live, ” so that the duty shall be 5 cents perpound. I believe, Mr. Chairman, that the duty which I proposeis no greater than ought to be granted. he manu acture of steel in this country, although recently undertaken, is one of our most romising branches of industry, and is well deserving of the encouragement which this increase would ive.
Mr. C airman, I should be very glad, indeed, to accede to the motion of the Gentfrom NewYork [Mr. HALE 1 But it will be observed that the duty proposed in this paragraph applies only to steel “valued at 7 cents perpound or less.” Steel is an article that enters into all our manufactures. It is difficult even now to place a duty upon anythin made of steel so that it cannot be imperte from abroad.
Mr. ALLISON. I beg to suggest that, according to the argument adduced a short time since, a higher duty will diminish the price of this steel; so thataduty of 5 cents or pound will really have the opposite effect from what the chairman of the committee anticipates. [Laughter]