The PRESIDING OFFICER, (Mr. HARRIS in the chair.) The question is on the amendment offered by the Senfrom Vermont [Mr. EDMUNDS] to the amendment of the committee to insert after the word “probandi” the words “in cases of seizure, ” and to strike out the word “defendant” and insert the word “claimant;” so that the amendment will read: and the am pmbnnoiin casesof seizure shall lie upon the claimant whoreprobablecauseis shownfor such prosecution.to bejudged of by theoourt before whom the prosecutipnis bad.
Mr. HOWE. It strikes me that that changes the character of the proposed amendment entirely. It provides or a proceeding in rem while the committees amendment has reference to a proceeding in personam.
Mr. MORRILL. So farm the burden of proof is concerned, it is precisely in harmony with the act of 1799.
Mr. HOWE. It changes the character of the whole section. It is a provision which has nothing to do with the residue of the section. The section then will read that if a man buys goods illegally imported, knowing them to be I legally imported, he shall be fined and imprisoned, and the burden of proving something shall lie upon the claimant, if probable cause is shown.
Mr. EDMUNDS. My friend, the Senfrom Wisconsin, has forgotten, I fear, the amendment which has already been adopted in the 8th line of this section, which de clares, as a consequence of this billegal importation, knowing it to be an illegal importation, the goods, wares, and merchandise shall be forfeited. It is to that part of the section that this 2nd amendment will apply, if my amendment be adopted. The amendment to the amendment was agreed to.
Mr. HOWE. I ask for the yeas&nays on the amendment as amended.
Mr. MORRILL. Take the yeas&nays in the Senate; let us get on with the bill.
Mr. SPRAGUE. I do not know thatl have any objection to this 24thsection, but I call attention to the fact that so far as goods denominated “ sea stores, ” purchased by vessels trading or passing from one port to an other, are concerned, they are to be hereafter free from duty. So much of the revenue laws as have reference to the imposition of duty on those goods are to be abolished. They are to be purchased in foreign countries and are to be ree from taxation under our revenue system, and thus that portion of commerce is to be relieved from the burden that other trades are required to submit to. I simpl desire to say that it is another inroad, as I uniiiarstand it.
Mr. MORRILL. Oh, no; this is no inroad; it is a restriction, not a license. They do not pay now for sea stores, and this is to prevent a practice which has grown up on the frontiers o purchasing lar quantities of sea stores.
Mr. JOHNSON. I should like the honorablemember from Maine to explain that exception. I do not understand it.
Mr. MORRILL. It will be seen that the SecyTreasury has authority bythis section to abolish certain naval officers, surveyors, &c., except in the cases specified in a certain act, and those cases are those that apply to Portland, Boston, NewYork, Phila de p in, Baltimore, Charleston, NewOrleans, and SanFrancise o. The offices at those places are deemed important; the other offices are not deemed important. It was not thought advisable to give this power over the officers at those important places, but at other ports where they are unimportant to the public service we ive the Secretary this power.
Mr. JOHNSON. I ask the honorable member from Maine what is the object of strikin that out. It provides that the goods seize shall remain in the possession of the collector. The provismn seems to me to be a very whole some one, and unless it is substantially covered by existing laws, one that ought to be adopted. It provides that the goods seized shall remain in the custody of the officer, to abide the decision of the court. That the committee propose to strike out. I should like to know from the member from Maine what are the reasons for striking it out.
Mr. MORRILL. My recollection of it is that it is stricken out because it does not hap pen to be relevant to this section, and is provided for in another section of the bill:
Mr. CLARK. We had better negative the nmendment now, and that fact can be ascertained when the bill comes in the senate.
Mr. JOHNSON. I should like to know from the Senator having the bill in charge why the neglect or refusal to comply with the not referred to in this section should not lead to a removal at once instead of leaving it dependent on the Secretary whether he Wlll remove or not where an Officer has clearly violated his duty.
Mr. MORRILL. We leave that to bejudged of by the Secretary.
Mr. JOHNSON. I know you do. It is a very inlportant provision as the law stands. The U.S. heretofore have lost an immense deal of money by moneys being retained by officers to meet posmblosuits against them. It is not necessary tomention names, but they have lost an immense deal of money in that way. In order to guard against that, a law was passed several years ago making it the dut of the officer, although threatened with suit, where moneys are paid under protest forduties alleged to be impro erly exacted, to pay the money over to the retisurypt once and if the suits terminated against him, then the Government paid it.
Mr. MORRILL. Suppose he had a good excuse.
Mr. JOHNSON. What excuse can he have for not paying the money over? the provision in this section is that “if any collector of the customs, or other officer or agent, shall neglect or refuse to comply with the 1st section of the act" that is the act that makes it an imperative duty upon them, aduty found iiccessar by the losses which the Government sustained, to pay the money over at once “he shall be removed from his office.” I cannot imagine what possible excuse there can be for not paying the money over, and if there be no excuse it is to be of itself conclusive as to his removal. In stead of that, if this amendment should be adopted, it is left discretionary with the Secretary to remove or not to remove.
Mr. MORRILL. He is liable to removal, of course, without any provision of law. He is entirely within the power of the President or the SecyTreasury unless we should succeed in limiting the power of appointment or removal, which seems somewhat unlikely at present. The provision is but a qualified provision. He is always within the power of the Secretary. I tis made imperativein the bill asintroduced that he shall be removed upon the happening of a certain contingency, which can never be made absolutely certain. The very title of the act referred to shows that there is to be a discretion “An act requirin g all moneys receivable from customs and from all other sources to be paid immediately into the Treasury, without abatement or reduction, and for other purposes, ” approved March 3, 1849. The idea of the committee was that an otheer might be acting very honestly and very properly, and believe that he had aid over everything that he had in his han s, and it might turn out upon a settlement that Le had money in his hands which he ought to have paid over. We supposed that instead of making the removal upon any assumed contingency absolute, the interests of the Government would certainly be protected if the Legislature fixed that as one of the causes which should subject an officer to removal. T hatis the only reason for the committees adoptioirof this phrase.
Mr. JOHNSON. There is another objection to it. There ought to be, besides the lia bility to removal, some mode by which he could be comelled by a proceeding to pay over the money he had withheld.
Mr. MORRILL. That may be done under his bond.
Mr. EDMUNDS. It has occurred to me that there is a serious difference in the provisions which the 2nd and 3rd sections of this bill make in respect to the forfeitures which shall be applied to water craft and land craft. By the 2nd section the custom Officers are authorized to stop and examine vessels; and by the term “vessels” is meant every description of machine by which transportation by water is O be effected; but it does not i ovide, in case any contraband goods are ound on board, that there shall be any forfeiture of the vessel; and that is in harmony with the existing law on the subject. In the case of a foreign sea goin vessel arriving at one of the Atlantic ports, i the master fails to deliver in a true manifest, the articles which are notmentionedin the manifest are forfeited, but not the vessel, and the captain is subjected to a fine. But the 3rd section provides for the search and examination of land craft, if I may use that, term railroad cars, express wagons, whatever it may be aenngintheesn, proceeds to provide that if contraband goods are found on board, the vehicle, that is, the railway train or the express wagon or whatever it may he, shall be subject to forfeiture. It appears to me there is no such inherent distinction between carriage byland and carriage by water as to authorize us to allow a vessel which brings in contraband goods to go free and at the same time to condemn a railroad tIrain which should do precisely the same thing. call the attention of the committee to it because it is possible they have some explanation which will satisfy myself and other Senators on this point. It appears to me that there ought to be areasonable a.proximation to uniformity. the pRESIDIN OFFICER, (.Mr.POMERoY in the chair.) Does the Senator propose an amendment?
Mr. MORRILL. I had an impression that the difficulty suggested by the Senfrom Vermont was provided for in another section of the bill, but I am not certain that it is not provided for in the law as it stands, of which this is amendatorff; and if so the p it need not be provided for ere. There have been several other suggestions ofamendment made, and if it be the p ensure of the Senate I should be glad to have the bill lie over until tomorrow.
Mr. FESSENDEN. You had better have the amendments made in committee concurred in in the Senate, and then let it go over.
Mr. MORRILL. Is the bill in the Senate Orin ComWhole?
Mr. MORRILL. I should like to have the bill reported to the Senate, and such amendments as are not objected to concurred in, and then I should like to have the bill lie over until tomorrow for further consideration.
The PRESIDING OFFICER. The question now is on concurring in the Senate in the amendments made as in ComWhole. The question will be taken on the amendments collectively, unless some Senator desires a so arate vote.
Mr. CONIESS. I should like to have a separate vote on the amendment in the 3rd line of the 7th section.
The PRESIDING OFFICER. That amendment will be excepted.
Mr. HOWE. I desire a separate vote on the last amendment to the 4th section.
The PRESIDING OFFICER. That amendment will be reserved.
Mr. WILLIAMS. I ask for a separate vote upon the amendment strikingout the 19thsection.
Mr. HENDERSON. Some amendments have been made in the latter art of the 30 3rd section which I think the Senator having charge of the bill had better look over. It those amendments are concurred in now we may not be able to amend the section hereafter. I “fill therefore ask that the amendments to the proviso of the 33rd section be excepted, and in the mean time the Senfrom I aine can look into them.
Mr. MORRILL. I wish to have all the amendments in that section reserved, and also section 35. the pRESIDING OFFICER. those amendments will be excepted. The question now is on concurring in the remainder of the amendments made as in ComWhole. The remainder of the amendments were concurred in.
The PRESIDING OFFICER. The Senfrom Maine now moves that the further consideration of this bill be postponed until tomorrow.
Mr. MORRILL. I should like to have it made the special order for one oclock if there be no objection.
Mr. CLARK. It will come up as the unfinished business.
Mr. MORRILL. Very well then; I will not make the motion to postpone, but let it come up as the unfinished business tomorrow. EXECUTIVE SESSION.
Mr. WILSON. I move that the Senate proceed to the consideration ofexecutive business. The motion was agreed to; and after some time spent in executive session. the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Meson, May 14, 1866. The House met at 12 oclock in. by the Chaplain, Rev. C. B. BOYNTON. The Journal of Thursday last was read and aproved.
The SPEAKER. This being Monday, the 1st business in order is the call of States and Territories for bills on leave and JtResolutions, to be referred to appropriate committees, and not to be brought bac by a motion to reconsider. RECONSTRUCTION REPORT.
Mr. LEBLOND. I offer the following concurrent resolution, on which I demand the previous question: Resolved, (the Senate concurring.) That the report of Major General J. B. Stcedman and Brigadier (Jen eraIJ. F. Fullerton. dnted May7.1866. be and the same is hereby. ordered to be incorporated in and published with the testimonytaken b) lh0j01ntComReconstruction. together With such other reports as they may from time to time make in pure sunneoof the commission under which theyareacting.
Mr. WASHBURNE, of Illinois. Must not this resolution, being presented under this call, be referred to a committee?
Mr. LEBLOND. Then I withdraw the resolution. CANAL COMPANY IN CALIFORNIA.
Mr. HIGBY introduced an act granting the right of way and making a rant of land to the Sierra Nevada and Contra osta Irrigation and Canal Company in the State of California; which was read a 1st and 2nd time, and referred to the ComPubLands. BRIGADIER GENERAL GEORGE WRIGHT.
Mr. BIDWELL introduced a bill for the relief of the representatives of the late Brig adier General eorge Wright, U.S. Army; which was read a 1st and 2nd time, and referred to the ComJudiciary. PUEBLO LANDS.
Mr. BIDWELL also introduced a bill to quiet the title to the Pueblo lands of the town of Santa Barbara; which was read a 1st and 2nd time, and referred to the ComPrivLandClms. MAIL STEAMSHIPS ON THE PACIFIC.
Mr. BIDWELL introduced a bill to authorize ocean mail steamship service between the U.S and the SandwichIslands; which was read a 1st and 2nd time and referred to the comPostOffice. TELEGRAPH LINE AT THE WEST. Mr. CLARKE, of Kansas, introduced abiil 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 Missouririver to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and otherdpurposesfl approved July 1, 1862 ” approve July 2, 1864; which was read a 1st and 2nd time, and Prayer referred to the ComPacRailroad. AGRICULTURAL COLLEGES.
Mr. DONNELLY introduced a bill to amend an act donating public land to the several States and Territories which may provide colleges for the benefit of agriculture and mechanic arts, approved July 2, 1862; which was read a 1st and 2nd time, and referred to the ComPubLands. CONSOLIDATION 0! INDIAN TRIBES.
Mr. CULLOM introduced a bill for the consolidation of the Indian tribes, and to establish civil government in the Indian territories; which was read a 1st and 2nd time, and referred to the ComIndAffrs.
The SPEAKER proceeded, as the next business in order, to call the States and territories for resolutions, commencing with the State of Pennsylvania, where the call rested last Monday, proceeding in the inverse order. TENURE of OFFICE.
Mr. WILLIAMS offered the following resolution, and demanded the previous question thereon: Resolved.That the ComJudioiary be instructed to inquire into the expedie y of so altering the law as to abrogate the tenure of officeat the pleasureof the appointing power wherever the same now exists and to make all official trusts determin able at times certain, subject only to the condition of good behavior, with leave to report by bill or otherwise.
Mr. LEBLOND. If I understand it, this resolution embraces the principle which was added to the postoffice bill in the Senate. If so I intend to move to lay it on the table.
The SPEAKER. It is only a resolution of inquIirr.y.LE BLOND. Very well. The reSOIution was agreed to. ADDITIONAL SECYNAVY.
Mr. STEVENS introduced the followin JtResolution; which was read a 1st an 2nd time: Resolved by the Senate and HoRep"That an additional SecyNavy shall be appointed whosecommission shall expire at the end 6 months from the 1stday of June next.
Mr. STEVENS. I will merely state that it is necessa to send a SecyNavy abroad, an during the time that he is abroad it is necessary that another should be appointed. I call the previous question.
Mr. SPALDING. I wish the gentleman would explain the necessity for the passage of this resolution.
Mr. STEVENS. The Dept find it necessary to send a Secretary abroad on account of some examination of navies and navy yards in foreign countries, and by the peculiar law appointing an Asst SecyNavy, different from the others, in the absence or sickness of the head of the bureau the Assistant Secretary becomes the SecyNavy protempore. It is necessary, therefore, to have orfe on the spot. I have limited the duration of the term to 6 months, so that under no circumstances shall it exceed the time when the man who is sent abroad shall return.
Mr. SPALDING. Allow me to say a word. I understood some time ago that the present Asst SecyNavy proposed to resign, and it was said that he ha sent in his resignation and now I understand that he proposes a tour to europe, and that for his accommodation, he holing the office and receiving the pay of 1st Asst SecyNavy, we are called upon to make a 2nd Asst SecyNav.
Mr. STEVENS. I have stated what the head of the Dept said. I know nothing more. He has not the time to go, and it was thought proper to have another appointed. I trust the gentleman will not object to it. It is but for 6 months.
Mr. SPALDING. I hope this House will hesitate before it gives its
Skip Skip Mr. STEVENS. I demand the previous question. The previous question was 2nded; and lhe main question ordered. The JtResolution was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. SCHENCK. I want to hear that JtResolution read again. 1 wish to ltnow if this provides for another Asst SecyNavy in addition to the one who is to travel.
Mr. SCHENCK. Then I hope the JtResolution will not be passed., Mr. STEVENS. have no objection to the JtResolution being referred to the Committee on Naral Affairs.
Mr. HARDING, of Illinois. I move to lay the JtResolution upon the table.
Mr. STEVENS. hope it will go to the ComNavAffrs by common consent. i
Mr. HARDING, of Illinois. Well, I with draw my motion. The JtResolution was then referred to the ComNavAffrs.
Mr. PIKE. I ask that the ComNavAffrs have leave to report at any time.
Mr. SPALDING. I object; and I mtRtv the JtResolution was referred, upon the table. Agreed to. THE MEMPHIS RIOT.
Mr. STEVENS introduced the following resolution, upon which he demanded the previous question: Resolved.That a committee of 3 membersbe appointed by the Speaker. whoseduty it shall be to proceed.wit out unnecessarydelay. to Memphis. in the State ofTennessec, to make aninvestigation into all matterse onnectedwith the recentbloody riots in that city. which began on the 1st instant, and particularly to inquire into the oriin. progress, and termination of the riotous roceeings.the namesof the parties engagedin it, the acts of atroci perpo trated. the number of killed and woun ed. the amount and character of the propertydestroyed and report all the faots to the House; and the Sergean. but Arnis or his deputy and the stenegrapherof the House. are directed to accompanysaid committee: and that all the expensesof this investigation he paid out of the contingent fund of the House. The said committeeshall have power to send for ersous and papers, and examine witnessesunder oat.
Mr. CHANLER. It seems to me that this is a matter which belongs to the executive Dept of the Government. At the same time, I do not wrsh to object to action being taken by the House.
The SPEAKER. The Gentfrom Pennsylvania [Mr. STEVENESIJoffers the resolution; it is now before the cue, and he calls the previousquestion upon it.
Mr. HARDING, of Illinois. I desire to ine ve an amendment to the resolution, so that it shall extend to transactions at Chattanooga, where a few citizens were murdered.
Mr. STEVENS. Let the proposed amendment be read. The amendment proposed by Mr. Hmniso, of Illinois, was rea, as follows: Whereas it is publicly reported and believed that lately atChattanqogaand emphismanyine ffensive citizens of the U.S. weremurdered. and that the portions of the Army of the U.S. at those points are seriously compromisedin respectto goodeonduct in both cases: 1 Resolved, icreforo, That the ComMilAffrs he requestedto inquire into and report to this House what was the conact of the U.S. officers and troops in referenceto the casesmentioned, and to inform this House whether the country may rely u n the Army to aid in the protpetiqn of the rights of the peopllo and what legislation is necessar. if any; and that the committeehave power to son for personsand papers.
The SPEAKER. the amendmentisse arcely germane to the pendin resolution.
Mr. HARDING, of line is. I withdraw the amendment.
Mr. STEVENS. I insist on the demand for the previous question.
Mr. CHANLER. Inasmuch as I know that the Gentfrom Pennsylvania, with his usua skill, will carry this measure in spite of all opposition, I ask him to enlarge the powers of the committee, so that the inquiry shall extend to an examination of circumstances of a similar character whereby the lives of American citizens, including American troops, have been put in jeopardy by the Indians.
Mr. STEVENS. I should be very glad to accommodate the Gentfrom NewYork, [Mr. Canvass. but his proposition covers so much ground that I am afraid one committee will not be able to conclude the investigation. I will very cheerfully vote for any resolution to send the member who chooses to move it on such an investigation. At present, I must call the previous question.
Mr. CHANLER. I ask the attention of the Gentfrom Pennsylvania [Mr. SrEvsxs] for one moment. I know he is a universal philanthropist, and has heretofore extended his pliilanthropy over all the colored race. Why not exten it over all those who have suffered any violence or wrong? Why not include the recent murder in Pennsylvania
Mr. WASHBURNE, of Illinois. I call the gentleman to order; the previous question has been called.
Skip Skip The previous question was 2nded and the main qnestion was ordered. Mr. ELDRIDGE. I call the yeas&nays on the passage of the resolution. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yous 8T, nays 22, not. voting 74; So the resolution was agreed to. Mr. STEVENS mtRtv the resolution was agreed to; on the table. Agreed to.
Mr. STEVENS. I desire to say at this time that I hope I will be excused from serving on the select committee just ordered, as the distance is rather further than I can conveniently travel. APPROVAL or THE PRESIDENT.
Mr. CHANLER submitted the following resolutions, upon which he called the previous question: Resolved.That the independent, patriofio, and qon ltitutional course of the POTUS, in seeking to protect by the veto power the rights of the people of this Union auainst the wicked and revolutionary acts of a fewmalignant and mischievousmenmeetswith the approval of this House and deserves the cordial support of iillloyal citizens of the U.S. Resolved.That this House believe the Freedmens Bureau iin necessary and unconstitutional.andhereby directs the chairman oftho committee havingcharze of that bureau to bring his bill to repeal all actsand parts of acts inconsistent with this resolution.
Mr. SCHENCK. I to a question of order. My point of order is that there is an insolent attack upon Congress contained in the 1st resolution moved by the member from NewYork. [ML CHANLER] for which he deserves to be dealt with by the House.
The SPEAKER. The Chair cannot rule these resolutions out of order upon the ground stated by the Gentfrom Ohio. [Mr. Sonsse iL] It is a question for the House to determine whether the resolutionsare unworthy the members of this House.
The SPEAKER. The Gentfrom Ohio [Mr. SCHl JNUK] will suspend until the Chair shall have concluded his statement. The argument of the Gentfrom Ohio goes to tevotes of members as to whether they will agree or disagree to the resolution. lIt does not touch the question of parliamentary aw.
Mr. SCHENCK. Is it in order to move that the resolutions be rejected?
The SPEAKER. The question of agreeing or disa reeing to the resolution will determine that. f the resolution is not agreed to it is rejected.
Mr. STEVENS. I raise the question of reception.
The SPEAKER. The Clerk will read the 41st rule, under which the question of reception is raised by the Gentfrom Pennsylvania, [Mr. Sri rvsss.
The Clerk read as follows: "When any motion or proposition is made. the question.Wi l the House now considerit? shalt not be put unless it is demanded by some member or deemednecessaryby the Speaker.”
Mr. ROGERS. I move to lay the resolution on the table.
The SPEAKER. It is not yet before the House. The question was upon considering the resolution at this time.
Mr. CHANLER. Upon that question I call the gees&nays. the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the ne ative yeas 19, nays 84, not voting 80; So the House refused to consider the resolution.
Mr. SCHENCK. Mr. Speaker, a question of privilege, I believe, would not be in order at this time.
The SPEAKER. Not until the expiration of the mornin hour.
Mr. SCHE. OK. I give notice, then, that so soon as I can have the opportunity I shall move a vote of censure upon the member from NewYork, glib. CBANLER.]
Mr. CHA LER. I would like to offer a resolution censoring the Gentfrom Ohio, Mr. SCHENCK;] but I suppose, as his party 18in the majority, it would be a useless proceeding. Mr. Speaker, I have another resolution which I desire to offer. i
The SPEAKER. Is there objection to the Gentfrom NewYork offering another resolution? Several Msunsus objected. TAX ON NOTES OF STATE BANKS.
Mr. DAVIS. I offer the following resolution, on which I demand the previous question: Remlved.That the committee onBanking and currency be directed to inquire into the expediencyof repealing in whole or in part the tax imposedbylaw on the circulating notesof state banks after July I. 1866;and that said committee have leave to kport at any time by bill or otherwise.
Mr. WILSON, of Iowa. I object to that part of the resolution which proposes that the committee shall have leave to report at any time.
The SPEAKER. It will require unanimous consent for the adoption of that.
Mr. DAVIS. I modify the resolution by striking out the words “at any time.”
Skip Skip The previous question was 2nded and the main question ordered. On agreeing to the resolution, there were ayes 36, noes 30; no quorum voting. Mr. ELDRIDGE called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the ne ative yeas 45, uays 63, not voting 75; So the resolution was not agreed to. Mr. WASHBURNE, of Illinois. mtRtv just taken; on the table. Agreed to. ENROLLED BILLS.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled bills and a JtResolution of the following titles; when the Speaker signed the same: An not H.R.No. 667) to amend an act to establish the grade of vice admiral in the U.S. Navy; An not (H.R.No. 511) imposing a duty on live animals; andJtResolution (H.R.No. 133) relative to the attempted assassination of the Emperor of Russia. OHIO CONTESTED ELEOTION CASE.
Mr. DAWES, from the ComElections, submitted a reportin the case of Follett against Delano, accompanied by the following resolution: Resolved.That Hon. Columbus Delano is entitled to the seat occupiedby him in this House as u Representativefrom the 13th district of Ohio m the 39th Congress. The report was laid upon the table, and ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Former, its Secretar, notifyi the House that that body had passe abill an JtResolution of the House of the following titles with amendments, in which he was directed to ask the concurrence of the House: An not (H.R.N o. 280) making appropriartions for the postoffice Dept during the fiscal year ending 30th of June, 1867, and for other purposes; and Ajoiut resolution (H.R.No. 130) carrying into effect the bill to provide for the better organization of the pay Dept of the Navy. Also, that the Senate had passed a JtResolution and bills of the followmg titles, in which he was directed to ask the concurrence of the House: A JtResolution (S.R.No. 88) authorizing the SecyWar to grant the use of certain lumber for a fair of:1Soldiers and Sailors Home; An set S.No. 127) for the relief of Jena than W. ordon, late major in the 11thregiment of infantry; and An act (S.No.310) to change the place of holding the courts of the U.S. for the northern district of Mississippi. CENSURE OF A MEMBER.
Mr. SCHENCK. I rise to a question of privilege, and submit the following resolution: Rewlved. That JOHH W. Enasnsu. a Representative from the 7th district of the State of NewYork. by presenting this day a resolution to be considered this House in the following terms: “He aolved. hat the independent. patriotic and constitutional course of the POTUS in seekin to protect by the veto power the rights of the people of this Union against the wicked and revolutionary actsof a few malignant and mischievous men. meetswith the approval of this House and deserves the cordial support of all loyal citizens of the U.S. " has thereby attempted a gross insult to the House and is hereby censuredtherefor. Mr. Speaker. I ought perhaps to have proposed a resolution of expulsion, but did not, simply because I doubted whether the member from NewYork was capable of comprehending fully the otfensiveness of the language used in his resolution. I have also, it will be observed, described his insult as being not offered to the House but attempted, that being about as far, I think, as he was able to go.
Mr. ROGERS. I think the other side had better expel him as they hardly have members enough over there.
Mr. SCHENCK. The occurrence we. so recent there is no necessity for argument, and I therefore demand the previous question.
Mr. FINCK. It is too late to introduce the resolution; it ought to have been done at the moment; other business has intervened.
The SPEAKER. If the gentleman will refer to the rule he will find it refers to words spokenin debate.
Mr. CHANLER. I hope the point of order will be withdrawn. I do not seek any technical protection.
Mr. ROGERS. Does the resolution reflect on any person?
Mr. SCHENCK. If the gentleman does not comprehend iIt cannot enlighten him.
Mr. ROGERS. It names no members of Congress.
Mr. LEBLOND. I appeal to my colleague not to insist on the call or the previousquestion; to let the resolution be printed, an lie over for consideration and discussion.
Mr. SCHENCK. There is no possible discussion to my mind which can in c this language clearer than it is. It is a gross attempt at a gross insult, which only falls harmless because of the incompetency of the member from NewYork.
Mr. CHANLER. Is the member accused to have no hearing?
The SPEAKER. No debate is in order, the previousquestion having been 2nded. It
Mr. DARL NG. I hope my colleague will he allowed to be heard.
Mr. LEBLON D. I move that the resolution be laid upon the table; and on that I demand the one&nays.
Mr. SCHENCK. I suppose it is perfectly proper for me to make a remark.
The SPEAKER. Debate is not in order after the demand for the previous question.
Mr. SCHENCK. I do not propose any debate.
Mr. LEBLOND. The gentleman has cut off debate himself.
Mr. ROSS. Is it in order to refer it to the ComWhole?
Mr. SCHENCK. I was about to buy, by unanimous consent, that I would have no objection to the gentleman, who is named in the resolution, occupying any time he wishes, but I want no debate.
Mr. ROGERS. I hope the gentleman will withdraw it.
The SPEAKER. The Chair hears no objection. The Gentfrom NewYork [Mr. "ii/tuna] is entitled to speak, by the consent of the House.
Mr. SPALDING. I desire to ask the gentleman if in his resolution he intende to malign the majority of this House or any portion of that majority.
Mr. CHANL “It. Not at all. There is not a word in the resolution that applies to any organization or set of men whatever. I drew up that resolution with special view to avoid any such inference, and the Speaker, in his ruling, most justly remarked that it was a question for the action of the House. If I had insulted the body over which he presides, is he not competent and has he not always shown a prompt readiness to do so, to check the consideration of the resolution at the very start? Of course I meant no personality whatever, and nothing but a mali nant feeling on his part could have prompte the resolution of the Gentfrom Ohio, [Mr. SCHENCK] and I thank the other Gentfrom Ohio [Mr. Seateing] for directing that question to me. I did not deem it necessary for me to make such an avowal, for there is nothing in the resolution that calls for a motion of censure. Now, sir, I wish that the true motives which actuated me in this case should not be misunder stood. I do not wish to delay the House, or to disturb or interrupt the proceedings before it. But it is due to this House and to myself that they should understand that there is a potent power and an admirable use in a minority. A minority of one man, if he is conse ien tious in the discharge of his duties, is as able a check upon improperarliamentary proceedings as a minority of fty or of any number. Now, if the constituency which I represent upon this floor is to be turned upon and cen sured by the majority for caing what it thinks through its agent, why in the name of reason do you invite them to send a Representative here? If the majority of this House are to show this thin skinned sensitiveness to the utterances of truths, how is there to be any minority worthy of that name in the system of American government? Are we, because we differ from them to cringe, and gather thrift by fawning?
Mr. DAWES. Will the Gentfrom NewYork [Mr. CHANLER] yield for a question?
Mr. DAWES. I desire to read to the Gentfrom NewYork aportion of one of the resolutions, and then ask him in good faith what he means by that portion of it: Resolved. That the independent, patriotic and constitutional courseof the POTUS in seekin to rutcct by the veto power the rights of the people of this Union against this wicked and revolutionary acts of a few malignant and mischievous men, &c. Now, I desire to ask the Gentfrom NewYork to whom he refers by the expression, “ afew malignant and mise hievous men, ” against whose “ wicked and revolutionary acts” the “ POTUS is seeking to protect by the veto power the rights of the people of this Union.”
Mr. CHANLER. Every malignant and maliious individual, [laughter] collectively, connected with this Government or any other, who attempts to interfere with the Presidents power to protect the people, without regard to race or color, particu arly the light brown.
Mr. DAW S. I wish the gentleman to answer me directly whether he meant by his resolution to refer to the majority of Congress who voted for the acts which the President has vetoed. Will be state whether he did or did not intend to include that majority or any portion of them? { t
Mr. CHANLER. In just so much as they did interfere with the rights of the people.
Mr. DAWES. I ask the gentleman whether he intended to include them.
Mr. CHANLER. No more and no less than I have stated. I have already made my decla ration, in answer to the Gentfrom Ohio, [Mr. SPALDING] that I meant nothing whatever in the form of insult or personality as applied to this House or any member. It wasa “glit tering generality;” that is all.
Mr. DAWES. Will the gentleman answer one more question?
Mr. DAWES. Will the gentleman pleaseto state to the House in what manner it is possible to include anybody else than the members of the House and of the Senate who voted for the acts a inst which he says the President is defending the people by the exercise of his veto power?
Mr. CHANLER. I allude to those who influence the men on the other side. I allude to those to whom the majority in Congress are resonsible. I allude to those mise hievous and may ignant men who, using the pulpit for fulminating revolutionary and wicked doctrines, have roused the people to acts of incendiarism and bloodshed. I mean all those infamous and wicked men who, for political purposes, have perverted ever avenue to honor that they may gain wealt and position. Is the gentleman satisfied? Does the language a ply to him? Does the galled jade wince, or oes he feel that his withers are unwrung?
Mr. DAWES. If the gentleman has no objection to answering one morequestion, will he be kind enough to state to the House whose acts the President vetoed?
Mr. CHANLER. He can veto only the acts of Congress. The President, acting as President, can by his veto power strike only the acts of Congress. Every one must see that the gentlemans question is utterly useless. But what I mean is, that in these vetoes the President has struck broader and deeperthan any act of Congress. He has roused in the hearts of the American people throughout this whole country a hope that had almost ceased to exrst. He has struck a forcible blow against what I deem a most dangerous combination against the welfare of the country. I did not mean to say that any man on this floor is any more incendiary or revolutionary in his conduct than myself. Gentlemen on the other side daily indulge in charges against gentlemen on this side, calling them traitors. die.; and am I to be called to account because I reply in a General assertion which touches no individual? Am I to be arraigned here by a system of cross questions because as a member I have said what I think?
Mr. DAWES. I perceive the gentleman does not understand my question; it is my fault, I presume. If he will allow me, I will in state it. I desire to understand fully what the gentleman meant by the language of his resolution; for my vote on the motion to censure him will dependentirely upon what he meant to do, not the proriety of what he did do. If a man does as well as lic knows how to do, I do not propose to censure him. I did not ask the gentleman what the President could veto; but inasmuch as he said the President was defending the people against the “revolutionary and Wicked Lacts of certain “ malignant and mise hievous” men, I asked him whether the President did veto any other acts than the acts of this House and the Senate.
Mr. CHANLER. Yes, sir; he vetoed every act of outrage that has been committed in this country. By the exercise of the veto power he showed himself an independent man a man who looked to the Constitution for the warrant of his power.
Mr. CHANLER. I declinc to yield further. Mr. Speaker, I have nothing to do with the POTUS He was elected by one constituency and I by another. I am nothere todefend him, and the gentleman knows it. It is asking a piguiy to defend a giant when it is proposed to bring me into the arena to defend the POTUS Sir, the President stands before you today as a ant, and there is no David in your ranks to bring him down. I do not presume to be his defender. I do not claim to be your an e riors, but I do claim to be your equals, an am not over proud of it either. There is nothing more hostile to my inclinations and more at variance with the intention I had when this resolution was offered than the personality which has grown out of this debate. I hope my friends turning to the Democratic members] are satisfied that while I boldl announced in the resolution what I believe true, I as boldly have maintained it in the foregoing remarks. I retract not one word. I accept the question of the Gentfrom Ohio [Ii
Mr. SPAIJHNG] as the suggestion of n.friend. It enabled me to remove all impression that the resolution was meant to be obnoxious. I will answer no more questions. I mean no wrong, and I will suffer no wrong. I care not for the persecution of the malignant member from Ohio, Mr. Sensx exJor for the political censure of themajority of the Republican part in or out of this House. If by my defiance could drive your party from this Hall I would do so. If by my vote I could crush you, I would do so, and put the whole party, with your leader, the Gentfrom Pennsylvania, [Mr. STEVENS] into that political hell surrounded by bayonets, referred to by the Gentfrom Pennsylvania Srizvnxfi in his argument on Thursday HaMsrt. Now, vote upon this resolution of censure.
Mr. ELDRIGE. I understand the Gentfrom Ohio [.Mr. Li: BLOND] does not press the motion to lay upon the table, as the Gentfrom NewYork prefers a direct vote on the resolution. The question recurred on the adoption of the resolution, on which the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 72, nays 30, not voting 81; So the resolution was adopted. Mr. SCHENCK mtRtv the resolution was adopted; upon the table. Agreed to. SELECT COMMITTEE ON THE MEMPHIS RIOT.
The SPEAKER announced the following as the select committee on the Memphis riot or dered this morning: Messrs. wASHBURNE of Illinois, BOUTWELL of Massachusetts, and L: BLOND of Ohio. 5 CENT PIECE. On motion of
Mr. KASSON, the House took from the Speakers table House bill No. 897, to authorize the coinage of a 5 cent piece, and concurred in the amendment of the Senate thereto.
Mr. KASSON mtRtv the amendment was concurred in; upon the table. Agreed to. NEWYORK postoffice, ETC. On motion of
Mr. DARLING, the House took up and concurred in the Senate amendments to House JtResolution No. 66, relative to the courts and postoffice of NewYork City. I TAKING NATIONAL BANKS.
Mr. BLAINE, by unanimous consent. introduced the following resolution; which was read, conSidered, and agreed to: Whereas, byyreasonof the decision of the Su reins Court of the U.S. stock of national anks is made subject to the same rute o ftaxation with other iroperty by State and municipal authority: There ore. Resolved. That the ComWays&Means be instructed to inquiro into the expediencyof removip all taxes levied by the national Government on sai banks. except the half%. perannum on the average amount of their deposits.
Mr. BLAINE mtR the motion by which the resolution was agreed to; on the table. Agreed to. WILLIAM.IOSLIN.
Mr. HOLMES, by unanimous consent, introduced a bill for the relief of William Joslin of Vermont; which was read a 1st and 2nd time and referred to the ComJudiciary. GEORGE
Mr. FRANK. On motion of Mr. COBB, by unanimous consent, leave was granted to Withdraw from the files of the House the papers in the case of George R. Frank, copies being left.
Skip Skip LEAVE of ABSENCE. Mr. FERRY asked and obtained leave of absence for his colleague, Mr. BEAMAN, for ten days. Mr. PRICE asked and obtained leave of absence for his colleague, Mr. GRINNELL, for ten days. postoffice APPROPRIATION BILL. On motion of
Mr. STEVENS. the amendments to the postoffice appropriation bill by the Senate were taken u from the Speakers table and referred to the comappropriations. U.S. COURTS IN MISSISSIPPI.
Mr. WILSON, of Iowa. I ask unanimous consent to take from the Speakers table Senate bill No. 310, to change the place of holding the courts of the U.S. for the northern district of Mississippi foraction at the present time.
Skip Skip The bill was read a 1st and 2nd time and orderengross and read a 3rd time; and being engrossed, it was read the 3rd time and asse d. Mr. WILSON, of Iowa, mtRtv the bill waspassed; on the table. Agreed to. PERSONAL EXPLANATION.
Mr. HUBBARD, of Connecticut. I desire to state that when the vote was taken on Thurs day last on the proposed amendment to the Constitution I was unavoidably absent. Had I been here I would have voted for it.
Mr. VANAERNAM. I notice in the proceedings as reported in the Globe that I am recorded as not voting on the motion ordering the mainquestion. I was here and voted.
Mr. DE ISON. Mr. Speaker, I ask to be allowed to record my vote on the constitutional amendment.
Mr. DENISON. I would have voted against it had I been here. EXECUTIVE COMMUNICATION.
The SPEAKER laid before the House a communication from the SecyWar, in reply to a resolution of the House of the 10th ultimo. in regard to artificial limbs furnishifl to soldiers at the expense of the Government; which was laid on the table, and orderedto be printed. TAX BILL.
Mr. MORRILL moved that the rules be suspended, 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 itself into the ComWhole on the state of the Union, (Mr. wASHBURNE, of Illinois, in the chair) and resumed the consideration of the special order being a bill of the House (No. 613) 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 amendatory thereof. The pending question was on the motion of
Mr. JENCKES, to strike out the followmg proviso on page 22, on which debate was exhausted: Providedfurther. That the SecyTreasury shall be and he is hereby. authorized to fix such additional rates of compensationto be made to as sessorsand asstassessorsin cases where a collection district embracesmore than agingle congressional district and to assessorsandasstassessors, revenue agents and inspectors in Louisiana. Geor ria. SCarolina. Alabnmmjlorida. Texas. A r kansas NCarolina.Mississippi Tennessec, missouri, California and Oregon.an the Territories. as may appearto him to be Just and equitable. in conse quonceof the greatercost of living and traveling in those States and Territories and as may.in his iudgment.beneccssar to securetheservicesof competent otIiccrs; but the rates of compensatiopthus allowed shall not exceed the rates paid to sirnilar officersin such Statesand Territories respectively.
Mr. MORRILL. I move toamend by strik iu out “Missouri.” Th. Chairman, I have made inquiry at the Dept and I find that this proviso is indisensuble if we would collect any tax in the States and Territories mentioned. In a large portion of the State of Louisiana and also in Tennessee, especially around Memphis and Nashville, it is utterly impossible to obtain men who are competent to discharge these duties without the payment of a little more salary than the law now allows. If the asst assessors are paid 5 dollars a day, as they have been for some time, I believe, it will not increase the expenses of the internalrevenue Dept to any large amount, but in various portions of those States which are not yet reconstructed, if we would obtain any revenue, it is absolutely indispensable to allow for a small increase of pay; and as we heard from the Gentfrom California [Mr. HlGllY] the other day, it always has been necessary there to have a revision of this kind ine rder that we may on lect taxes there, for they pay higher rates of wages there than we do on the Atantic coast. trust the Gentfrom RhdIsland will be content With the amendment I propose and will not insist on striking out the proviso. In Missouri, I believe, there are officers now appointed in all the congressional districts, and it may be possible, although somewhat inconvenient, to get along in that State without this increase of pay.
Mr. JENCHES. I should be better contented if the gentleman wouldextend this power over the whole U.S and not restrict it as he proposw. This proviso gives the Secretary power to relate the compensation of these etheers in 16 States and all the Territories. The inequalities in compensation arising out of the inequalities in service are as great in the States omitted as they can be in the States enumerated; and if the Secretary is to have the powerof fixing the salaries of these oificers int is large number of States and in all the Territories, wh not extend the power to all the States and all the congressional districts?
Mr. MORRILL. If the gentleman desires an answer, I will say to him that, of course, we do not expect that this will be more than a temporary) provision. Congress will meet again next ecember, and it is hoped that by that time we may be able to strike out a large art of the provnio, but until these States are in a better condition than they now are, it seems to me eminently properthat the proviso should remain.
Mr. JENCKES. This proviso is not clear enough. It says “ the rates of compensation thus allowed shall not exceed the rates paid to similar officers in such States and Territories respectively.” but does not seem to me to be a clear lim itation. If the Gentfrom Vermont, Mr. MouniLL] representing the Committee of ays and Means, will move a distinct limitation of these rates of compensation, that they shall not exceed in any State a certain sum, either perdiem or of annual compensation, it might obviate to a great extent the objection I make to this proviso .
Mr. MORRILL. How does the gentleman propose to amend it?
Mr. JENCKES. I propose no amendiuient; I ask the gentleman to fix a rate, either or diem or of annual compensation. Under this proviso, where these officer s are paid an annual compensation, the Secretary may fix it at ten or 20,000 dollars.
Mr. MORRILL. I shall have no objection to the gentlemans amendment if he will other one to meet that difficulty.
Mr. JENCKES., I ask the gentleman who has had this subject under consideration to move a distinct limitation of ay, and then I will withdraw all objection to the proviso.
Mr. ASHLEY, of Ohio. I move to insert in the proviso, after the word “California, ” the word “Nevada.”
The CHAIRMAN. That is not in order. There are 2 amendments already ending.
Skip Skip The question was taken on Mr. bionaiiufis amendment to strike out the word “ Missouri, ” and it was reed to.
Mr. MORRILL. I move new to amend the proviso by strikiu out the words “ but the rates of compenstion thus allowed shall not exceed the rates paid to similar officers in such States and Territories respectively, ” and to insert in lieu thereof the words “the sum of $6000 perannum." q. The amendment was agreed toJswm
Mr. ASHLEY, of Ohio. I move to insert the word “ N evadn” after the word “ California.” The motion was agreed to.
Mr. DARLING. I think another amendment could be made to this paragraph which will give these asst assessors the additional pay which is deemed necessary for them. It is to strike out the word “ for” before the words “ office rent” and insert the words “in lieu of;” thus giving them the sum of $300 in lieu of Office rent, which they can account for as Office rent or for another necessary purpose.
Mr. WOODBRIGE. I think my amend!ment is preferable.
Mr. MORRILL. I do not rise to oppose the amendment. It was thought by the ComWays&Means that these officers should receive some additional pay, and they, proposed it in the sha e of an allowance for ov ce rent. The most of them are compelled to have an office, and this sum of $300 would enable the most of them to rent an office or a house sufi eiently capacious to accommodate their families and furnish an office. I agree with my colleague [Mr. Woomininen] that it is necessary for us to have competent, vigilant men for these offices, men of integrity and I do not object to the proposition in the form in which my colleague as offered it, if the House shall deem it more desirable than the form reported by the committee. 5. The amendment of Mr. Woonnninsn was then agreed to.
Mr. COOK. I move further to amend this paragraph by inserting alter the words “and for postage actually paid on letters and documents received or sent, and relating exclusively to official business, “ the words, “and for money actually paid for publishing the notices required by this act;” so as to pay back to these officers the money they are actually required to pay out for the publication of the notices. The amendment was agreed to. i 1:
Mr. DARLING. I move to amend by strik i“n out in line 209 the word or” before the word “office, ” ani Iinserting in its place the words “in lieu of, ” so that the clause will read as follows: and the several asstassessorsin citiesof more than 10,000 inhabitants shall be allowed, in he settlement of theiraccouuts. asum not exceeding perannum in lieu of odiceroot. This amendment will make the amount defie nite; and I think it is just and reper. These asst assessors are very ina qililately paid. In the city of NewYork men of terequisite ability can scarcely be induced to take those places. It is the poorest kind of economy to undertake to execute a law requiring so much official fidelity as this law and at the same time, in consequence repmres, c offering paltry compensation, go begging for competent men to accept these O ces. such.a system is calculated to invite into these osi tiens a class of men who ought not to hold em.
Mr. SPALDING. This amendment, as I understand proposes to give to the asst assessor $3 for Office rent whether he hires an office or uses his own dwelling.
Mr. ARLING. It is just and PFQperand there can be no reasonable obieenoh tort. here is necessity for such a prey/risenynot only in the city of NewYork, but in all other places where talent and efficiency are required in the execution of this law, which demands so much. intelligence and fidelity on the part of the asst assessors. Why, sir, I think it would be O or to give these men a salary of $2, 500 or 8, 800 perannum. I think that the government would make money by dpaying such salaries, because more taxes wonl be collected and fewer frauds would be committed if the Government would induce the acceptance of these Offices by a class of men who are now prevented from taking them because of the paltr compensation paid. why, sir, let the Government do as prudent men everywhere do in their business employ the best talent for the execution of duties requiring talent and fidelity, and pay libenl salaries. The niggardly econom which is urged by many as the proper policy or the Government can only deteat the very object which the Government has in view the obtaining of the largest amount of revenue. If more attention were given to obtaining officers possessing the requi site qualifications, payin them salaries commensurate with their abi ities, our revenue law would be better executed and we shoald hear less of collusion and fraud and corruption in the administration of the law. I trust, therefore, that the amendment which I have offered will prevail.
Mr. MORRILL. Itrust that thenmendment will not prevail. There are a great many dis(riots in which the renting of an office is not necessary; yet under this amendment $300 for this item would be paid in all cases. If the amendment. should not prevail I shall offer an amendment striking out in line 289 the words “ a sum” and inserting “ such sum as the ComrIntRev may approve.” I think that this will make the provision more acceptable to the genie and perhaps to the Gentfrom NewYork. The amendment was not agreed to.
Mr. MORRILL. I now move to amend by striking out in line 289 the words “a sum ” and inserting in lieu thereof the words, “such sum as the ComrIntRev shall approve, ” so that the clause will read: and the several asst assessorsin cities of more than 10,000 inhabitants shall beallowed. in the settlement of their accounts.such sum as the ComrIntRev shall approve. not exceeding$30operannum for officerent. The amendment was agreed to.
Mr. MORRILL. I move further to amend by inserting after the word “authorized"in line 310 the following: Prbmded further, That the ComrIntRev may, under such regulations as may be established by the SecyTreasury. after due public notice. roccive bids and contract for supplying stationery. blank books and blanks to the assessors.R SSlSlitn i.tts e.isaonrds collectors in the several collection districts. Mr. Chairman, all other Depts of the Government, I believe, are now required by law to advertise for bids and contract with the lowest bidder for materials of this sort. There a pears to be no reason why this Dept ould not conform to the same rule. The amendment was agreed to.
Mr. WOODBRIDGE. I move to amend by striking out in lines 287 and 288 the words "in cities of more than 10,000 inhabitants. ” Sir, it is now provided by the 2nd section that in cities of more than 10,000 inhab itants there shall be allowed to the asst assessor. with the approval of the SecyTreasury, a sum not exceeding $300 perannum for office rent. I think this distinction is invidious. I hap pen to reside in probabl the smallest but certainly the oldest city in NewEngland, and in my judgment the most respectable one I am acquainted with. [Laughter] Now, the asst assessor in my district ought to have an othee as much as the asst assessor in NewYork. I am not aware why a man living in the oldest city in NewEngland should do duty in his kitchen or in his parlor for the public, instead of having an office for that purpose. I do not know why those who live in po ulous places are better entitled to have an O cc than those who live in smaller places. The latter certainly should be allowc some reasonable sum for office rent. If you have a pepulation of 9,999 under the law you can have no allowance for office rent. It is a distinction in a RFG I do not believe in. I believe in every assessor being on an equality in respect to having some place where he can attend to his public duties. If I were an assessor I am quite sure I would not have an ofice in in house, which, as my castle and that of my family, must be held sacred, but would like to have some place elsewhereas an Office. This distinction as to population is wron. I believe whether the population be 9,000 or 300,000 the assessor should have an office in which to do his business. The amendment was agreed to.
Mr. ALLISON. Imove the followmgamendment in line 327: Amend section25 by adding the following lit the end of the section: Provided fur/bur, That in calculating the commissions of assessors iind colleetorsof internalrevenue in districts whence cotton or distilled spirits are shipped in bond. to be sold in another district. one hull"the amount of tux received on the t inintity of cotton or spirits so shippe l shall he ndied to the amount.on which the commissions of such nsse ssois and collectors are calculated; and a corresponding uniountsliull he ded icted from the aine iintson which the commissionsoft. e assessorsand collectorsof the districts to which such cotton or spirits are shipped are calculated. The amendment was agreed to.
The Clerk read as follows: That section 26 be amended by atrtthik out all after the enactin clause and inserting inlon thereof the following: that in the udjuslinent of the accountse tisse ssors and collectorsof internalreve nuc which shall accrue after the 30thof June. 1864 and in the payment of their compensationfor services after t iiit date, the fiscal your of the Treasury shall be observed; and wheresuch compensation or any part of it. shrill be by commissions upon assessments or collections and shall during any year. in consequenceof a new appointment. be due tomore than one assessoror collector in the some district, such commission llhall be apportioned betweensuch assessorsor collectors; butin at; cm shall it groater amount of the commissiensbeo.10wudto 2 or more assessorsor collectorsin the same district than is may or be authorized by law to be allowed to o uell sessororcolleotorrAnd the salury and commissionsof assessors on d collectorsheretoforeearnedandaccrued shall be adjusted, allowed and paid in conformit to the provisionsof this sectimi, and not otherwise: at no payment shall be made to assessorsor collectors on account of salariesor commissions vrihunt the cor tiiicateot the comrIntReV that all reports required by law or resolution have been receivedor that it satisfactoryexp auction has been renderedto him of the causeof the deluy.
Mr. MORRILL. I desire to ask unanimous consent that this paragraph be reserved until after we have come to the part relating to the salaries. There was no objection, and it was ordered accordingl.
Mr. STLVENS. I ask unanimous consent to go back. I move to amend in the 239th line, so that it will read, “where the recei vitsof the collection district shall not exceed the " sum of $100,000, ” the
Mr. DARLING. I suggestto the gentlemaii that he insert as follows: “ Vlicre the receipts of the collection district shall not exceed $100,000 1%.” That will carry out the gentleman s idea, and I think will be equitable.
Mr. STEVENS. I modify my amendment as follows: Strike out, in line 240. these words: “Shall excced 81(1),00 and.” and also the words “in excessof." Mr. MORRILL. That amendment has already been voted down when moved before by the gentlemans colleague, [Mr. TllhYEIL] The amendment was disagreed to.
Mr. MORRILL. I move to amend by adding in line 380, after the word “duties, ” the words “ or taxes.” The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out in lines 475 a“nd 477 the words or tender thereof." The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out lines 478. 479, 480, and 481, as follows: such feefor levying, and such sum for the necessary and reasonable expenseof removing, advertising and keepimzthe goods chattels, or effectsso distrained, as may be prescribed by the Commissioner )f Internalrevenue and inserting in lieu thereof the words “the fee and other charges, " so that the clause will read: Provided. That in any case of distraint for the payment of the duties or taxes aforesaid, the goods, chattels or clfectsso distrained shall and may be restoredto the owner or possessori, f prior to thesale payment of the amount duo shall be made to the properofficer charged with the collection of the full amount demanded, togetherwith the foe and other charges. The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the words “ or tender” in the 482nd line; also, by striking out in the 486th line the words “necessary and reasonable expenses o“f, " and insertin in lieu thereof the words fee and charges or, ” so that the clause will read: But in case of non payment, as aforesaid, the said officer.“shall proceedto sellthe said goods, chattels, or effectsat public auction, and shallrctuin from the proceedsof such salcthe amount demandable for the nu"of the U.S., with the fee and chargesfor edeisnttr, aiut and sale and a commission of 5 perthereon for his owu use. rendering the over plus, ifuny thero be, to the person who may be entitled to receivethe some. The amendments were agreed to.
Mr. MORRILL. I move further to amend by adding after the word “arms” in line 492, the words “forpersonal use." The amendment was agreed to.
Mr. GARFIELD. I move to strike out the following in lines 358, 359, and 360: In one newspaper printed in such county, if any such there be, or otherwisein somenewspaperin any adjacent county, and to insert in lieu thereof the following: In the newspaperof largestsimulation printed in such county. if there be any and if not, t on in the nJoemwisnpgapeeoruonfty largest circulation in the nearest ad The clause will then read: That each of said collectors shall, within 20 days after receiving his annual collection list from the Mflefisorfl, fllifonotice. By advertisement published in each county in his collection district, in the news paperof largestcirculation printed in such county fthere beany and if not, then in the newspaperof largestcirculation in thenearest adjoining cou.nty.
Mr. BENJAMIN. I move to amend by adding to the paragraph, at the end of line 497, the following: and the officers making the distraint shall summon throc disinterested householdersof the vicinity who shall appraise and setapart to theowner the amount of property herein declaredto be exempt. A certain amount of property being declared exempt, I do not see in the bill any means of ascertaining the amount so declared. The owner of the property and the collector perhaps differ as to the value of certain articles that are exempt. It seems to me there should be some um ire to decide the matter.
Mr. MORRILL. Isee no objection to the amendment. The whole exemption I regard as a mere matter of form. It is not likely that a case will ever occur where a person liable to any national taxes will not have a greater amount of property than is exempted.
Mr. JENCKES. I suggest instead of the Officer making the distroint that be may call upon the assessor of the district to make the appointment of the appraisers.
Mr. BENJAMIN. I accept the modification. The amendment, as modified, was agreed to.
Mr. WASHBURN, of Indiana. I move to strike out the last proviso, as follows: Proukledfimher. That there shall be exemptfrom distrnint the school books and a parel necessaryfor afamily: also arms for persona use, one cow. fuel to an amount not greater in value than 25 dollars. provisions to an amount not greater than 50 dollars. household furniture kept for useto an amount not greater than 300 dollars and books, tools or implementsof a trade or profession to an amount not greater than 100 dollars and to insert in lieu thereof the following: Provided/larlher. That there shall be exempt from distraint such property as the tax payer may select, not exceeding 500 dollars in value. The object of my amendment is to give to the tax Bayer a choice of property that he may wish to have excepted from distraint. If he wishes to exempt a horse or 100 dollars worth of books or any other kind of property, he may do so, having the right of selection for himself.
Skip Skip The question being taken, there were ayes 13, noes 47. Mr. WASHBURN, of Indiana, withdrew the I withdraw my I hope it will not be amendment.
Mr. CULLOM. I move toamend by adding after the word “notification, ” in line 366, the following: and shall send a copy of such notice by mail to each postmasterin the county to be postedup in his office.
Mr. MORRILL. We have already voted down that amendment once or twice before, and Iho e it will not be adopted now.
Mr. CULLOM. I do not understand that this amendment has been voted down.
Mr. COOK. I desire to say that this amend.ment was put in in relation to the notices to be given by the assessors, and now it is simply aquestion of giving notice when the taxes are to be paid or not giving such notice. The bill provi cs that notice shall be given by advertisement in one newspaper and at 4 other public places in the district. A large majority of the tax payers, under that arrangement. get no notice at all. If this amendment should be adopted a large majority of the tax payers will get notice. I wish to call the attention of the committee to the fact that a large part of the irritation caused by this tax grows out of the fact that taxayers are comelled to pay costs through not having receive notice. ltrust this umendment will be adopted. I insist that it is only a question between giving notice and not giving notice.
Mr. MORRILL. If gentlemen will read the section a little furtheron they will see that the evil they apprehend cannot possibly Occur. This refers to the general notice published in the newspapers. But if the tax payers neglect to ny after that notice they receive within ten days a personal notice. Certainly gentlemen will not require that they shall receive twopersonal notices.
Mr. COOK. They have to pay the cost of that subse nent notice.
Mr. CU LOM. I would ask the Gentfrom Vermont what particular objection he has to the insertion of this clause. suppose that the failure of the collector to send notices to the various postmasters would not cheat the government out ofany taxes at all. It is simply a duty enjoined on collectors for the purpose of getting the information among the people who have taxes to pay, so that they may have a further op iortunity of being notified of the time when t icir taxes are to be paid. It is a matter ofvery little labor and expense, and it will certainly, in the rural districts of the country, enable a great many men to learn that they are called upon to pay their taxes at a particular time, when they wouldnot, perhaps, know it otherwise.
Mr. MORRILL. The gentleman asks what particular objection I have to the adoption of this amendment. It is this: that it imposes very heavy increased duties upon the assessors, and that it would be necessary for each asst assessor at least to provide himself with a copy of the Post Oilice book containin all the ost othees in the U.S., in order that ie might be enabled to send notices to the different postoffices in his district. In my own district, forinstunce, not less than 200 such notices would be required, and in some of the large districts in the West there would be even more required. Besides, the notices in such places would he never seen or heard of.
Mr. ALLISON. I would like to ask the Gentfrom Illinois [Mr. CULLOM] whose duty it would be to 0st 11 these notices which he iroposes to sento all the postmasters. Ii
Skip Skip The CHAIRMAN. debate is exhausted on the amendment., 1 The question was put; and there were ayes 25 noes 13; no quorum cllers were ordered; avnodting. i essrs. Momma and CULLOM were appointed. The committee divided; and the tellers reported ayes 48, noes not counted. So the amendment was agreed to.
Mr. CHANLER. I would like to draw the attention of the chairman of the ComWays&Means, who has this bill in charge, lo a case of great oppression which has arisen. lhc CHAIRMA. Does the gentleman offer an amendment?
Mr. ltlOltltILL. I do not perhaps, fully understand the amendment of the Gentfrom NewYork, [Mr. Enunen] as l was unable to hear it all when it was read at the Clerks desk. But so far as I do understand it, I am opposed to it, and hope it will not be adopted, flir I think the public notice in the courts where cases of forfeiture are tried is sufficient, and where certainly all the persons who are interested would learn the cause of such forfeiture.
Mr. CHANLER. Will the Gentfrom Vermont [Mr. MORRILL] allow me to ask him if there is any provision in the law regulating the internalrevenue to enable the citizen, whose property has been seized by the as sessor, to obtain speedy redress from the supe prior of that officer? As the law now stands, is not the person whose property has been seized completely at the mercy of the assessor? and is it not due to the citizen that he should have some means provided by which his property can be released if he is an innocent party? Does the law provide any such means now? I understand that the gentleman does not know, and still he opposes a good, sound rem edy because he individually does not know whether that is the law or not. It certainly cannot injure the law to put into it a provision requiring the asst assessor in cac i district to make a monthly report, such as I have indicated, to the chief of the bureau here in Washington, by means of which the citizen can obtain speedy relief if entitled to it. the question was taken on the amendment of Mr. CHANLER, and upon a division there were a cs 17, noes 35; no quorum voting. I
Mr. MORRILL moved that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Wasnnunus, of Illinois, reported that the ComWhole on the state of the Union had had under consideration the special order, being bill of t“he House No. 513, 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, and had come to no conclusion thereon. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled Senate bill No. 310, to change the place of holding the courts of the U.S. for the northern district of Mississippi; when the Speaker signed the same. DIRECT TAX IN msvniise rlozunv STATES.
Mr. GARFIELD, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructed toinquire whether any further legislation is necessaryin referenceto the collection of the direct tax in the Stateslately in rebellion. PURCHASE OF PUBLIC LANDS. On motion of
Mr. STEVENS, Senate bill No. 203, entitled “Anact to enable the NewYork and Montana Iron Mining and Manufac Luring Company to purchase a certain amount of the public lands not now in the market, " was taken from the Speakers table, read a 1st and 2nd time, and referred to the comPubLands. COMTERRITOR., Mr. ASHLEY, of Ohio, by unanimous consent, submitted a report from the ComTerritor in response to a resolution of the House, adopted Icbruary 26, 1866, askin for information as to the necessity of a cler for that committee; The report states that in the judgment of the committee a clerk is necessary for the transaction of their business. The report was laid on the table, and ordered to be printed. NAVIGATION OF Illinois RIVER.
Mr. ROSS, by unanimous consent, introduced a hill to improve the naviation of the Illinois river; which was read a rst and 2nd time, and referred to the ComCommerce.
Skip Skip LEAVE OF ABSENCE. The SPEAKER asked leave of absence for ten days for Messrs. Ursos and Tiiowniiine n. Leave was granted. mm. COMMUNICATKON WITH BRAZIL.
Mr. ALLEY, by unanimous consent, submitted the followmg resolution; which was read, considered, an agreed to: Remlved.That the PostMGenlliercquested to report to this Housethe conditions of the contract made for the transportationof the mails between the U.S and Brazil and tomato whethersuch conditions have beencomplied with by the company contracting to performsuchservice, and whether the stoamshipsemployedhave beensuchaswererequired by the law authorizing the service; also, to state whether the Dept has any information of the contract having beenassentedto and (EXCClllebtyI the Brazilian Government and further directing thatno amount of the subsidy be aid unless the contract has beenfully complied Wit on the part of the company and duly assentedto by the Brazilian Government. as required by the act authorizing the service. “se um/s EDITION OF THE CONSTITUTION.
Mr. COOK, by unanimous consent, submit ted the following resolution; which was read, considered, and agreed to: Resolved, That the ComJudiciary be instructed to inquire into the expediencyof purchasing from George.W. Pase hal, his copyright in alimited numberofliis edition oft a of Constitution the U.S., with his notes of judicial and legislative decisionsthereon, togetherwith the peopl ous INDEX thereto; and that said committee report by bill or otherwise.
Mr. DAYIS moved that the House adjourn. The motion was agreed to; and thereupon gt tifty minutes after 3 oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. TUESDAY, May 15, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a communication from the PostMGenl, transmitting, in compliance with a resolution of the Senate of the 10th instant, a copy of a letter from D. L. Yulce, formerly chairman of the ComPostOffices, to the postoffice Dept, dated January 9, 1860, inquiring as to the effect of legislative action in increasing the pay of mail contractors, &C, and a copy of the reply of the PostMGenl thereto; which, on motion of
Mr. RAMSEY, was referred to the ComPostOffices, and ordered to be printed. RECONSTRUCTION.
Mr. FESSENDEN. Before the Senate proceeds with the regular business of the day, I wish to say a word in reference to the report of the ComReconstruction, or rather the JtResolution which has been passed by the HoRep, and is now upon the table of the Senate, reported by that committee. Many inquiries have been made of me by gentlemen as to when I proposed to call up the resolution which has conpassed by the other Heuse, for action here. I desire now to state that I have consulted, informally, the members of the reconstruction committee on the part of the Senate, and we have come to the conclusion that we shall ask the Senate to proceed to the consideration of that resolution (in Monday next; and I beg also to express the hope that when it is taken up we may de vote the entire hours of the Senate, wi the crccption, of course, of the morning hour each day, strictly to the consideration of that business, and with the expectation, or the hope at least, that we shall be able to dispose of it in the course of the week.
Mr. JOHNSON. Does the Senator say that he has consulted all the members of the committee?
Mr. FESSENDEN. I consulted all who were present at the time. I did not consult the Senfrom Maryland because he was not in his seat. I will now only repeat the hope I before exressed, that we may take up the subject on it onday next and confiuc ourselves to its consideration, with the idea that we may be able to finish it in the course of next. week.
Mr. MORGAN, it was Ordered, That the ComClaims be discharged from the further considerationof the petition of E. Brown, jr., and that he have leave to Withdraw his petition and other papers. REPORTS OF COMMITTEES
Mr. SHERMAN. The ComFinance, to whom was referred the bill (S.No.300) to reduce the rate of interest on the national debt, and for funding the same, have directed me to report itwith amendments, and if it is the pleasure of the Senate I should like, as the honorable Senfrom Maine has an nounced his purpose to take up the reconstruction subject next week, to have this bill set for Thursda if there be no objection.
Mr. FESSENDEN. Io ject to having that fixed. Iwaut to take up several of the appropriation bills during this week, that are on the table.
Mr. SHERMAN. Do you want the whole week?
Mr. FESSENDEN. I do not know that I shall, but I should not like to have any special order made.
Mr. SHERMAN. Then Iwill simply give notice that I shall endeavor to ct this bill up some day this week in order to have the action of the Senate on it.
Mr. FESSENDEN. My particular objection is that I gave notice to the committee that I am opposed to that bill and shall object to its at any time so far as I am concerned, if can prevent it.
Mr. SHERMAN. The Senate must pass judgment on that point.
Mr. FESSENDEN. It does not meet my approbation in any particular, and therefore I do not want any day fixed for it at any rate. ASST SECYNAVY.
Mr. GRIMES. Iain instructed by the ComNavAffrs to report a bill (S.No.318) to authorize the appointment of an additional Asst SecyNavy. The bill was read a 1st time by its title and passed to a 2nd reading.
Mr. GRIMES. I will venture to ask the Senate to suspend its rules in order to proceed to the consideration of this bill. I think there will be no hesitation in passing it with the explanation that I shall be able to give of the neoessit of it. The PRESIDENT protempore. The bill will be put on its 2nd reading now, if there be no objection, and then the question of its consideration will be open. The bill was read a 2nd time at length. It proroses to authorize the POTUS, by and with the advice and consent of the senate, to appoint an additional Asst SecyNavy, who shall perform the same duties and receive the same salary as is by law allowed to the present Asst SecyNavy. The office thus created is to cease by limitation in 6 months from the apoval of this act. There bein no objection, the Senate, as in ComWhole, proceeded to consider the bill.
Mr. 0:: propose s to start in the Miantonomoh, an iron e adshi, a class of improved impregnable vessels, or which this country is indebted to him more than to any other person in the world excc t to
Mr. Ericsson. now lying at Halifax and rea y to go the best iron clad ship, I believe, in the world, and which, we hope, and he believes, will safely cross the Atlantic. I believe the appearance of that ship in European waters would have a greater tendency to promote peace between the nations of Europe and this country than all the did lomats we shall be likely to send to Europe during the next 30 ears. y I will say, furthermore, that this can be at tcuded with no additional expense. The whole sum that will be appropriated, should this bill be passed into a law, will be $1, 750, which Will not be so much as would be the expense of sending a special messenger to the Emperor of Russia, as the President is required to send if he does not adopt some such plan as this.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment. be enerossed and the bill read a3rd time. The bill was read the 3rd time and passed. BILLS INNODUCED. I
Mr. VANWINKLE asked, and by unauly mous consent obtained, leave to introduce a JtResolution (S.R.No. 90) to suspend temporarily the collection of the direct tax within the State of WestVirginia; which was read twice by its title, and referred to the ComFinance. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.819) to apportion the issue of the national currency to the several States and Territories and to the DistCol; which was read twice by its title. referred to the ComFinance, and ordered to be printed.
Mr. HARRIS as ed, and by unanimous consent obtained, leave to introduce a bill(S.No.820) to amend an not entitled “ An act for a grant of lands to the State of Kansas, in alter nate sections, to aid in the construction of certain railroads and telegraphs in said State, " approved March 8, 1863 which was read twice by its title, and referred to the ComPubLands.
Mr. NYE asked, and by unanimous consent obtained, leave to introduce a joint. resolution S.R.No. 91) to refer the claim of Frederick incent. administrator of Le Caze d“. Mallet, to the Court of Claims; which was read twice by its title.
Mr. NYE. I presume there will be no objection to the resolution, and I ask for its present consideration. It is simply a reposition to refer a claim to the Court of Claims. The resolution was read at length.
Mr. CONNESS. Is it not establishing an entirely new rule?
The PRESIDENT protempera. Is the present consideration of the JtResolution objected to?
Mr. TRUMBULL. This would be conferring a new jurisdiction upon the Court of Claims by an act of Congress. I do not know that it is objectionable, but I think it ought to be examined in reference to the principles involved.
Mr. NYE. Let it be referred to the ComJudiciarya.
Mr. TRUMBULL. If it has alread examined by a committee and reporte not desire to have it referred.
Mr. NYE. Let this resolution go to your committee. I did not know it was to change any rule. Imove that it be referred to the ComJudiciary. The motion was agreed to. ASIATIO OHOLIRA.
Mr. CHANDLER. Imove that the Senate now proceed to the consideration of the JtResolution (H.R.No. 116) to prevent the introduction of the cholera into the ports of the U.S. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the jointresolntion, the ending question being on the amendment of Mr. Sonsizn to the amendment reported by the ComCommerce.
Mr. MORRILL. Will the Senator allow me to ask him aquestion?
Mr. MORRILL. That is to regulate coin merce.
Mr. MORRILL. Does the Senator mean to be understood that a regulation in regard to cholera, a disease, is a regulation of commerce?
Mr. MORRILL. Then the cholera is commerce?,
Mr. SUMNER. No; cholera is not commerce, but cholera comes from passengers.
Mr. MORRILL. Then is the regulation of it commerce, Or is it the treatment of a disease? Is it a regulation of health or a regulation of commerce? I
Mr. SUMNER. The Senator will pardon me if I say it is one of those matters which runs in several directions. It is connected with passengers, and it may be viewed in its connection with
Mr. MORRIL passengers disease, not as commerce. It is connected with assengers as a disease and to be treated of in the nature of health, quarantine, sanitary regimen, or whatever you lease, but not lia the nature of commerce to, e regulated.
Mr. SUMNER. Now, I will ask my learned friend, is he not too refined when he undertakes to say that in regulating passengers you may not regulate them so far as concerns their health; that you may regulate passengers in every other way except so far as concerns health? I assume, an I put it to my learned friend, thatif under the commercial power you can regulate the introduction of passengers, that carries with it, necessarily, all the incidents of health, because you may apply to the introduction of passengers certain sanitary requirements. I do not see how, logically, the Senator can avoid that conclusion.
Mr. MORRILL. Iask the Senator whether, when you have reached the point that you have got to treat the passen or for his health, the power of the General government does not cease, and the police power of the State for the protection of the public health at that very point necessaril intervene.
Mr. SUMNER. To that my reply is just this: thatthe jurisdiction havingonce attached, it must, from the nature of the case, continue to the end; otherwise the utility of the jurisdiction would fail.
Mr. MORRILL. I beg to suggest to the Senator that it never did attach to the passen er as touching his health; and the moment it becomes necessary to treat him for his health, then the power to regulate commerce ceases, as a matter of course.
Mr. SUMNER. The Senator says it never did attach to the assenger so far as his health is concerned. 0w can he say that? Does it not attach to the passenger absolutely? You by your statutes require a certain allowance of water and a certain allowance of food on board a ship. Does not that go to the health?
Mr. CONNESS and a certain allowance of room on a ship.
Mr. SUMNER and a certain allowance of room in the ship; a certain allowance of air. Does not all that concern the regimen of health? Now, we propose to go further, and by a careful system of regulations to look still further at the condition of health, and to surround it with still further safeguards; not merely to require a certain amount of food and a certain amount of air and a certain amount of space, but to go still further according to all the suggestions of modern science in order to prevent. the introduction of this disease. To my mind, the conclusion seems inevitable, it is just as clear as thatA plus B equalsX, orthat 2 and 2 make 4. I cannot imagine any conclusion more direct. If ou concede that you may make regulations with reference to a passenger, I know of no regulations more important, more absolutely founded upon this constitutional requirement, than those regulations which concern isliealth and now the Senator seems to suggest that this is an exercise of power for the 1st time. How so 7
The PRESIDENT proicm ore. The moming hour having expired, the hair is under the necessity of ca ling up the order of the day, being the unfinished business of yesterday.
Mr. CHANDLER. Iask that the unfinished business go over informally that we may have a vote on this measure.
The PRESIDENT protempore. The unfinished business of yesterda can be laid aside by unanimous consent. O objection being made. the unfinished business will be laid aside, and House JtResolution No. 116 will be continued before the body.
Mr. SUMNER. I do not understand that this is an exercise of power for the 1st time. It is nothing more, peraps, than a new application ofan o (1 power or an expansion of an old powerto anew condition of circumstances; and perhaps I may say enlarging this old power, because the circumstances require the enlargement. I do not understand that any new fount ain is opened; no new source is drawn upon; no new principle is invoked; we go back to the original text of the Constitution which has been so often applied in kindred cases, and we insist upon its application now. If I understand the argument of the Senator, it is that all quarantine regulations belong to the States exclusively. Am I right in that?
Mr. SUMNER. The Senator, I understand, says the belon exclusively to the States.
Mr. SUMNER. If I carry that argument of the Senator still further, it would be rncti cally to say that the Government of the U.S. might make all possible regulations with reference to passengers water borne, but could not touch them in regard to sanitary regulations the moment they entered our harbors. That is certainly the inevitable conclusion, and permit me to say it is an absurdity. I will not consent thus to despoil this Government of a power which to my mind seems so essential to the national health. Now, ifyou go back to one of the early statutes, for instance, the statute entitled “An act respecting uarantines and health laws, " which bears date ebrua 25, 1799, it will be perceived that while tie quarantine is left to a certain extent under the control of the States, the U.S. officers are directed to assist the State officers in enforcing the quarantine. Here is a clause which I will read: "And all such officersof the U.S shall be and they hereb are, authorized and required faith fully to aid in the executionof such quarantines and hen th laws, accordingto their respective powers and precincts and as they shall be directed from time to time by the SecyTreasury of the U.S. " In that statute it will be seen that the quar antine was placed under a mixed partly of the State and partly of the U.S. Certain U.S. officers were directed to aid State Officers in enforcing quar antine and the U.S. officers were from time to time to receive instructions from the SecyTreasury. How could that be if the U.S. had no jurisdiction over this matter?
Mr. MORRILL. They are to do it, by the very terms of the act, in aid of the State; they too no jurisdiction.
Mr. MORRILL. Mr. President, in reply to the last position of the honorable Senfrom Massachusetts, I desire to call his attention to the phraseology of his own amendment and see whether he treats it solely as a commercial question. “ It shall be the duty of the SecyTreasury, the SecyWar, and the SecyNavy to adopt an efficient and uniform system of uarantine.” If it is a commercial question, what has the SecyNavy to do with it?
Mr. SUMNER. Does the Senator wish an answer?
Mr. SUMNER. The amendment that I have moved charges this duty upon the SecyTreasury, in conjunction with the SecyWar and the SecyNavy, under the direction of the POTUS He has that to do with it which the statute gives to him, and he has it because the Statute gives it.
Mr. MORRILL. So I see; but I ask the reason why, if it is a commercial measure, you connect the military and the naval power of the Government with it. That is the question.
Mr. SUMNER. Because it may be necessary to act with regard to it on the water; and who would be more competent to advise upon such a matter than the SecyNavy? Or it may be necessary to use military force, and who more competent to supply it than the SecyWar? I have elicited all the I should like to have an
Mr. CONNESS. I do not propose speaking on this subject, but I desire to ask the Senfrom Maine, ifhe denies all power on the part of the Government of the U.S. over this subject, how he reconciles the statute of 1799, which has been quoted by the Senfrom Massachusetts, which gave a joint power. I should like to hear the Senator upon the exercise of that joint power.
Mr. MORRILL. he answer to that suggestion is that the statute does not prouse to give ajoint power. If the Senator will ook at that statute e will find that the power of the U.S. is subordinated to the power of the States. It simplyauthorizes the SecyT reasur to oan act in cooperation with the States, an that implies no jointpower, but it implies a subordinated power.
Mr. MORRILL. No, not a concurrent power. It is in aid of the States. Anybody can aid. That is not an assumption of power.
Mr. MORRILL. It is simply in aid of the States.
Mr. CONNESS. Now, how may a party having no right to exercises power aid in that power, or perform a part of it rightfully, when it has not the right or the power to perform the whole of it? I should like to hear the Senator on that point.
Mr. SUMNER. Under the circumstances, clearly es.
Mr. IORRILL. Wellywhat is a sanitary cordon? What is the literal definition of it? Has it anything on earth to do with commerce? What is the establishment of a sanitary cordon? the literal meanin of itisa military post. That is the definition. It is a post established by the military power of the Government for sanitary purposes. h
Mr. MORRILL. Drawn by the military authority of the Government and maintained by the military power of the Government.
Mr. SUMNER. A sanitary cordon under this JtResolution would be a line drawn according to the requirements of this resolution. It would not be underthe military power of the Government, but under the commercial power attachin to passengers.
Mr. MORRILL. A military cordon is established on the frontier by the military power of the Government to prevent the intercommunication of the people one way and the other for fear of contagion. That is the definition of it; that is the interpretation, and that is the history of it. Now, is there commerce in that? Does that invoke the commercial power? It is simply olice; it is an establishment on the frontier of a State for the protection of the public health. That is what it is; nothing more nor less. It comes within the police power, and that police power is exclusively in the States.
Mr. HOWE. Will my friend allow me to ask him whether such a regulation, such a line as that in the interior of a State, would not be just as much a sanitary cordon as one drawn on the frontier?
Mr. MORRILL. To prevent intercommunication between subordinate communities?
Mr. HOWE. I understood you to speak of the frontier.
Mr. MORRILL. Idid not mean frontiers of independent nations, but between any dis; tinctive communities. But would the Senfrom Wisconsin or the Senfrom Massachusetts say that the General Government had a right to establish sanitary cordons through out the States, between the several counties) towns, and cities? That is the principle Or this bill. That is so purely local and so purely within the police relations of the States that I hardly think the argument would be “Sanitary cordon" is a attempted to be pushed so far. I do not wish to say any more about it.
The PRESIDENT protampon. The Chair has receiVed a communication from a very eminent gentleman of the medical faculty on this subject, which, if there be no objection, the Chair will have read.
The PRESIDENT protempera. The question is on the amendment reposed by the SenfromMassachuse tte [Mr. Suns ELL] to the amendment reported by the ComCommerce.
Mr. GRIMES. What is the amendment to the amendment? I should like to hear it read.
The Secretary read the amendment to the amendment, which was in line 3 of the amendment of the committee, to strike out the word “ War” and insert “the Treasury” in line 4, to strike out the words “ 9 Navy” and insert “War” and in line 5 to strike out. the words “lreasu, whose concurrent action shall be directe by the commanderin Chicf of the Army and Navy, ” and insert “ Nuv, under the direction of the POTUS;" so that the amendment will read: That it shall be the duty of the SecyTreassury, with the connerationof the SecyWar and the SecyNavy, under the direction of the POTUS, to adopt an ctIicient and uniform system of quarantine against the introduction into this count of the Asiatic cholera through its ports of entry when evur the same may be threatened by the prevu. knee of said disease in countries having direct commercial intercourse with the U.S. 2. That heshall also enforce the establishment of sanitary cordons to prevent the spread of said. diseasefrom infected districts adjacentto or within the Emits of the U.S. 3. That said Secretaries are hereby authorized to use this means at their command to curry out the foregoing provisions. 4. That it shall be the duty, of the Societarvot late to open a correspondence with the foreign owcis whose proximity to the U.S. ivill endanger the introduction of Asiatic cholera into this country through their ports and territory, soli ceifltion rgtstthoe pirrceovieipnetrtahteioinntwrondhutchtiiso Government in of such disease: Provided. That this resolution shall continue in force from its passage until the 2nd Monday in December.A. D. 1866 and no longer. The amendment to the amendment was agreed to.
The PRESIDENT protempura A verbal amendment was proposed by the Senfrom Vermont, [Mr. Enmosos] striking out the word he” in the 12th line and inserting “they, ” to make the language correct, so that it will read, “that they shall also enforce the establishment of sanitar cordons, " 6w. That correction will be me e if there be no objection. the question now; is on the amendment as amended.
Mr. MORRILL. On that question I ask for the goes&nays. the eas and an s were ordered.
Mr. AltltlS. move further to amend the amendment by striking out in line 3 the words “ it she 1be the duty of and inserting after the word “ Treasury” in the same line the words “shall be authorized in aid of the State or municipal authorities;” so that it will read: That the SecyTreasur shall be authorized aid of the Stateor municipal authorities, with the cooperationof the SecyWar and the SeeyNavy. under the ircction of the POTUS to adopt an ellicient and uniform system of quarantine. &0. It will be perceived that the object of my amendment is, instead of authorizing directly these Federal authorities to take this whole matter into their hands to the exclusion of the State authorities, to provide that they shall act in aid of them and in conperation with them. It is, in direct, authorizing the General government, as it was in the resolution that came from the HoRep, to aid the State and municipal authorities in enforcing their quarantine.
Mr. CHANDLER. I will ask the Senator if he understands his amendment to authorize them to not where the State or municipal authorities do not act. The object of the committees amendment is to enable them to not where no action is taken by the State or muni cipal authorities. Unless the Senators amendment gives that power, it does not effect the object contemplated in this measure. I hope the amendment will not be adopted unless it does give that power. The expectation is that they will act in aid of the municipal authorities, but we wish to give them the powerto act where the municipal authorities fail to non
Mr. HARRIS. I prefer the oriinal resolution as it came from the HoRep and the amendment that I have offered. substantially accomplishes the same thing. If Senators have a preference for the proposition reported by the ComCommerce, I desire to insert this feature of the original resolution in the committees amendment. M preference would be to vote down their amend,vment and adopt the resolution as it came from the House.
Mr. CHANDLER. I hope that will not be one. The amendment to the amendment was rejected.
The PRESIDENT protempore. The question nowis on the amendment reported by the ComCommerce, on which the yea and mi. s have been ordered.
Mr. CHANDLER. I should like to ask the Senfrom Missouriif the quarantine regulations of 1832 proved perfectly satisfactordy to him and efficacious in preventing the lacing and spread of the cholera.
Mr. CHANDLER. I admit that the quar antine at NewYork has been efficacious, and there is no intention or excctation that the Government will interfere where the quaran tine is efficacions. The object of this measure is to make it uniform; that where the States or municipalities have failed to do their duty, the General Government shall have the power to step in and compel its being done. It is absolute. I shall vote against the House resolution as. it came to this body, because it is totally inedicient. It is ntterlyuse lcss to have eVen avery efficient system of quarantine in NewYork harbor if there is no uarnntine at all in NewJersey. It is absolute y useless to havean efficient; uarantine in NewYork and fail to have it in orfolk, because it is well known the moment the cholera lands it spreads. It may come into NewYork the back way, as it came into Italy across the Alps. No one who has ever been in Italian cities will say they are not more liable to the ravages of cholera. than the cities in France. Take Naples, that actually breeds the material that furnishes victims for the cholera; and yet the cholera passed by Naples and landed at Marseilles; it passed Genoa and Rome and all the Italian cities and was finally brought from Marseilles across the Alps into northern Italy. Ifwekec the chol era out of NewYork and let it lan in Philadelphia, or if we keep it out of NewYork and let it land in Boston, there is no use of keeping it out of NewYork. The object of the proposition reported by the committee is and I shall vote against any measure that does not give that power to make the quarantine Uniorm throughout the U.S., or place it in the power of the Secretaries to make it so. I hope the amendment of the committee will be adopted as it stands. If it should be de feated, I shall vote against the House resolution, because I do not deem it of any sort of consequence whatever.
Mr. HENDERSON. I desire to ask the Senator if he thinks the system of quarantine ought to be uniform throughout the U.S. What is a perfect system of quaran tine in one State may not be so crfect in an other. This very uniformity of which he speaks would be a great objection to any system of quarantine.
Mr. CHANDLER. The language here is, that they shall adopts. “ uniform and etheient system of quarantine.”
Mr. HENDERSON. Then the inhabitants of the district are the best judges in regard to that. What may be a very perfect system at NewYork will not be so at NewOrleans and what may be perfect at NewOrleans Will not be so at NewYork, because these ports are differently situated.
Mr. CHANDLER. Are you not willing to trust this board with that power?
Mr. HENDERSON. think we can trust the States a great deal better.
Mr. GRIMES. I have got a little light from what the Senfrom Michigan has now said, in addition to what he has bestowed on the Senate on former occasions on this subject, and I should like to have a little mere. I understand him to say it would be useless to establish quarantine at NewYork and not to establish it at Norfolk or Boston.
Mr. CHANDLER. If they have no quar antine there. 0
Mr. GRIMES. I want to know of the senator if it is proposed or contemplated by the ComCommerce, who reported this amendment, or by himselfas its chairman, that this quarantine shall be established simultane ously at NewYork, NewOrleans, Boston, and all alo the coast.
Mr. CHANDLER. Does the Senator desire an answer now?
Mr. CHANDLER. We do not expect that there will be anyinterference. We believe that these 3 gentlemen are men ofcommon sense and where they find an efficient system they will not interfere with it. Where there is no quar antine, and a ship comes in infected with the cholera, and we have a national ship or a revenue cutter there, we expect this board will, at the very earliest moment, take measures to quarantine that ship, whether it be at Norfolk, NewOrleans, or anywhere else.
Mr. GRIMES. I understand, then, that the Senfrom Michigan does not contemplate, although this proposition would authorize them to do so, that this board will interfere with the quarantine regulations now established at the harbor of NewYork.
Mr. GRIMES. But that inasmuch as he tells us there is no quarantine established at Boston, this board will at once close u the harbor of Boston, appoint its various officers, pay them such salaries as are probably paid toquarantine officers now at NewYork, although there may be no cholera. there or any anticipation of the cholera coming. I merely wish to learn from the Senfrom Michigan whether I apprehend correctly. agent. o;;.
Mr. CHANDLER. Do you wish an answer now?
Mr. GRIMES. Any time that will suit the convenience of the Senator.
Mr. CHANDLER. I desire to give all the light I can to the Senfrom Iowa. In case a ship should come into Boston with the chol era on board, and one of his fleet or one of mine should happen to be there, I suppose either the SecyTreasury or the SecyNavy would order that ship to hold O vessel at quarantine instead of permitting her to land at the dock. As for dismissing any Officers or appointing a board of health with salaries, and all that sort of thing, I do not expect them to do it; but I expect that they wilfenforce a quarantine, even should the citizens of Boston fail to enforce one.
Mr. GRIMES. I understand from what the Senator now says that so far as the city of Bos ton is concerned, taking that as an illustration, it is merely accidental whether anything will be done there or not. Ifnvessel having the cholera on board comes in there, and there happens to be a revenue cutter or a ship of war there, she will take charge of it; but suppose there should not happen to be a naval vessel ora revenue cutter there; then what?
Mr. CHANDLER. I have not gone through all the details of what might occur. I suppose I could imagine 8 or 10,000 cases that might occur, but which may never arise, that I am not prepared now, at a moments notice, to decide; but I infer that the 3 gentlemen named, or even the Senfrom Iowa and myself and some other gentleman, were We put in charge of this matter, would adopt what seemed to be the best and most eflicient system that we could, under the circumstances of the case that might arise.
Mr. GRIMES. I think enough has been said to satisfy the Senate that this measure proceeds upon this idea, and this idea alone, that the commission to be created by this resolution shall immediately proceed to organize, in anticipation of the advent of the cholera; that there shall be uarantiue officers established at Boston, at I iladelphia, at Baltimore, and at Norfolk, whether there is any cholera there or not; and it must be so ifyou are goin" to have a uniform system; and I understan that that is the spirit of the resolution. The Senate can see whata vast machine this is going to be, if we are to establish a uniform system for every harbor on the coast of the Atlantic, every harbor on the Gulf of Mexico, and every harbor on the coast of the Pacific, all to be controlled by a central power here at Washington that cannot by any possibility be correctly informed as to the particular local circumstances attending each of those oints where the quarantine is to be established). Again, the Senator says that they do not intend to interfere with any quarantine already established.
Mr. GRLMES. Which is ellicient. Suppose this board should decide that the quarantine established at NewYork is not efficient; then, I suppose, they are to overturn it. Is not that the 1 ea of the Senator?
Mr. CHANDLER. They have the power under this proposition.
Mr. GRIMES and it is the intention that it shall be overturned, I take it.
Mr. GRIMES. But suppose the Secretaries of War, of the Treasury, and of the Navy, here at Washington, influenced by such influences as may be brought to bear from NewYork upon them, are satisfied that it is not quite as etheieut as they think it ought to be, as another set of doctors not in command there think it oughtto be; then it is the duty of these Deptal officers to overturn that system, as I understand it. I understand the Senfrom Wisconsin, [Mr. How 2] who advocates this measure, to assent to that proposition. Now, it will at once he observed that if they do not overturn it you are not going to carry out the provisions of the law which requires it to be uniform, unless they adopt the NewYork system. Thus you make the system that has been established at NewYork the system that shall be established at SanFrancise o and NewOrleans, in a different. sort of climate and under different circumstances, and that carry on a different sort of commerce with altogether different ports in the world. Under the provisions of the amendment reported by the comCommerce, you have eitherrgot to overturn the system they have in NewYork, or else you have got to establishtllUNewYork system as a soribf Procrnstean bed upon which all the other estahlishments in the U.S., on both sides of the continent, shall be built up; for the law expressly requires that the whole shall be uniform throughout the U.S. ites, on your northern coast in minnesota, and on your southern coast in Texas.
Mr. CHANDLER. The Treasury has agents in every exposed port today; the Navy has a great many agents; the SecyWar a great many agents. The Senator, of course, can imagine anything. There lfire great powers contained in this measure, I a mit, but it is not anticipated that those powers will be abused. I do not anticipate it, and I do not think the Senfrom Iowa does. It is true under the powers contained in this proposition abuses might grow up. It is a temporary measure, which is to terminate on the 2nd Monday in December next. It is expected that the present existingmgencies of the several Depts will Uinstructed to adopt certain measures, and if it be necessary to apoint other agencies theywill be appointed. however, I do not deem it necessary to answer the Senfrom Iowa. I simply ask for avote on this reosition. The RluSIdent protentpore. The Chair will put the question he moment the debate is terminated. The question is on the amendment reported by the ComCommerce as a substitute for the original resolution.
Skip Skip The question being taken by yeas&nays, resulted year; 17, pays 19; ABSENT 13. So the amendment was rejected.
Mr. CHANDLER. I now move to lay the JtResolution upon the table and ask for the yeas&nays upon that motion. I The yeas&nays were ordered; and being taken, resulted yeas l5, nays 23; ABSENT 11. So the motion was not agreed to.
Mr. CHANDLER. I ask that the JtResolution as it came from the House, be now reported to the Senate.
The Secretary read the resolution, as follows: Reno/nod.That the President be and be herebyis, authorised to make and carry into cllect such orders and regulations of quarantine as in his opinion may be deemednecessary and proper. in aid of State or municipalauthoritics, to guardMainstthp introduction f the choleraiuto the portsof the U.S.: and the President is further authorized to empower the military an naval commanders in ports and placesin the Statesthat have beenor nre Ininsurrection to enforcesuch tine regulations as may be deemed necessary a purpose of guarding alzninstthe introductin olera or yellow fever and to provide for the proper care and treatment of patients and such an amount of moncy as may be necessaryto carry into offeotthis Jtresltlull0n is hereby up reprinted out of a money in the TIBEI unnoto Marmot
Mr. CHANDLER. It will he noticed that this JtResolution places extraordinary power, not in the hands of a board, but of one individual. It will be seen by the 1st line of it that the President is “ nut iorized to make and canyinto elfectsuch orders and regulations of quarantine as in his opinion may be deemed necessary and proper, in aid of State or muni cipal authorities, " and the last clause of it provides: and such an amount of money as may be necessary tocarry into effect this joiiit resolution is hereby appropriated out of any moneyin the Treasury not otherwise appropriated. By this resolution on authorize AndrewJohnson, POTUS, to appoint 10,000 agents to go anywhere an do anything that he may say is in aid of State sanitary regulations. I will not discuss so monstrous a proposition. Iwill not vote for it. It is an improperresolution. I was willing to intrust great powersin the hands of 3 men, in some of whom certainly I have great confidence but I am not willing to intriist all powers in the hands of one man in whom I have no confidence without limitation as to the numberofmen who may be employed, or the amount o f money that may be appropriated.
Mr. SUMNER. It is a monstrous proposition.
Mr. CHANDLER. Yes, air, it is a mon strous proposition.
Mr. HENDERSON. I move to amend the resolution by striking out all after the word “to” in the 8th line down to and including the word “patients” in the 14thline, and to insert the following: Direct the revenue Officers and the ofllcers commanding forts and revenue cuttersto aid in the execution of such quarantine and also in the execution of the health laws of the States respectivelyin such manner as may to him eemnecessary.
Mr. CLARK. Why not insert “SecyTreasury” instead of “President?”
Mr. HENDERSON. I have no objection. I will move also to strike out the word “Pres ident” in the 3rd line and insert “SecyT reusury.”
Mr. CLARK. He has charge of the revenue cutters.
Mr. HENDERSON. I do not see why we need put the military and the Navy in opera pion. about this thing. There is no necessity or it.
Mr. CLARK. The SecyTreas u ry is the properofficer to enforce this resolution.
Mr. HENDERSON. I have adopted the language of the act of 1796 in drawing this amendment. I will modify it by striking out the words “ forts and ” before the words “ revenue cutters.” There is no necessity of requiring commanders of forts to assist in this matter. The revenue cutters will be sufficient .
The PRESIDENT protem ore. The amendment as modified will be rea at the desk.
The Secretary read the amendment, which was in line 3 to strike out the word “ president” and insert “ SecyTreasury, ” and in line 8 after the word “to” to strike out the following words: Empower the inilitar and naval commanders in orts and placesin the tatesthathnvp beenor arcin insurrection to enforce such quarantine regulations as may be deemed necessaryfor the purpose of guardring againstthe introduction of cholera or yellow fever, and to provide for the proper careand treatment of patients and to insert in lieu thereof: Direct the revenue officers and the officers commandingrevenue cutterstook! in the execution of such quarantine, and also in the execution of the health laws of the States respectivelyin such man nor asmay to him seem necessary. So that the resolution will read: That the SecyTreasury be, and he hereby is, authorize to make and carry into effect such ordersand regulations of quarantine as. in his opiiiion.may be deemed necessary and pruper.in the aid of State or municipal authorities, to guardagainst the introduction of the cholera into the portsof the U.S.: and the SecyTreasury is further authorized to dircct the revenue officersand the officers commanding revenue cuttersto aidin the e xecutionof such quarantine, and alsoin the execution of the health laws of the States respectivel in such manner as may to him seem necessary and such an amount of money as may be necessaryto carry into etIcotthlsJtResolution is hereby appropriated out of an; moneyin the Treasury not at or wise appropriate. The amendment was agreed to.
Mr. EDMUNDS. I offer the following amendment, to be inserted at the end of the resolution: Provide That the authority hereby granted expireon slhall the2nd Monday in December, A.D. 866.
Mr. CLARK. I suggest to the Senator to Say the 1st Monday in anuary, 1867, so that it shall not expire until a month after Congress comestogether again; and then, if it be necessary, we can renew it.
Mr. EDMUNDS. amendment. The amendment, as modified, was agreed to. I will so modify the l The JtResolution was reported to the Senate as amended, and the amendments were concurred in.
Mr. HOWE. I shall occupy the attention of the Senate buta moment. Isimply wish to call their attention to what they are proba bly going to agree to. They are oing to put substantially the same power in the hands of the SecyTreasury, and incur precisely the same obligations, as were proposed in the amendment that was reported by the committee. There is this difference: the plan, the system, the style of quarantine is to be agreed upon by the States or the municipali ties, and the Government of the U.S. is simply to he commanded by these local authorities and foot the bills. I thought if we had to pay for the fiddling we ought to have the right to name the tune and call the figures, [langhter] and so I voted for the amendment reported by the committee. I do not care to see the U.S. dancing to the tune of all these municipalities; and therefore I shall not vote for the resolution as it stands. If the Senate does, no doubt it will be all right.
Mr. CLARK. I think there is a.great deal of difference between the resolution as it. now stands before the Senate and the amendment as reported by the committee a very great differenceas to the power. The resolution as it now stands, out mine the SecyTreasury, if in his judment anything of that kind is required, to made such orders and regulations as reshall deem to be necessary for the purpose of aiding the quarantine in various places where it is not efficient; but the proposition reported from the committee required) the Secretaries named to adopt an eflicient and uniform system of quarantine from one end of the country to the other. There is a very great difference, in my judgment, between quarantining every port in the U.S. in a uniform way, and aiding the authorities in the different localities to do what is absolutely necessary. suppose a ship should come into the port of NewOrleans. Under the committees proposition you would have to send to the SecyWar and the SecyTreasury and the SecyNavy to establish a quarantine there. As the resolution stands at present, the inhab itants of the port establish their quarantine, and if it is not found to be efficient, or there is any regulation necessary, the SecyTreasury makes his reulation, and asks the revenue officers and the revenue cutters to enforce that uarantine. That is a very different matter from what was proposed in the committees proposition. Nor do I understand that by this resolution the General Government is dancing an attendance upon the State governments. I have no partiahty or preference as to which shall go in the van. I understand the object to be to prevent the cholera from coming into the U.S.; and if, in any ort, the State governments are not efficient, have no objection to the national Government coming in to aid it to be done.
Mr. CHANDLER. It cannot be done under this resolution.
Mr. CLARK. The Senfrom Michigan says it cannot be done under this resolution. I ask him why.
Mr. HOWE. I will answer the Senator, if he will permit me.
Mr. CLARK. I shall be glad to have the Senator answer.
Mr. HOWE. It is simply becaiiseif the city of NewYork adopt some quarantine regulations there, the General Government has the right, under your resolution as it now stands if you pass it, to come in with her Treasury and pay the expenses of carrying out those regulations; and under those regulations a ship may be prevented, if she hase holera on board, from coming to the dock and s reading it; but if the city of Brooklyn secs t not to adopt any such regulations the vessel can go over there and the U.S. cannot help herself.
Mr. CLARK. Allow me to suggest to the Senfrom Wisconsin that that does not answer my question. He does not answer the statement that I made, 7
Mr. HOWE. Then I did not understand the question. “
Mr. CLARK. Then you should not have attempted to answor it.
Mr. CLARK; I s ested that I had no Objection to the Gener Government the States, and the Senfrom Michigan aid sianig thfiit that could not be done, and I asked him w. I Iluhflyh! " I, k I.v: I. j sh. news, 1 air nofdndetslflud the question. 1"." 3 f, 3 4
Mr. HOWE!, I plead guity. I do not know that was to blame for it altogether.
Mr. CHANDLER. I understood the Senator to so that where the States had no system, he did not object to the national Government enforcing asstem;.
Mr. HOWE? at is precisely the way I understood him. “.
Mr. CHANDLER. That is what I under stood and what my colleague says he did say; and that is what I anstvered.
Mr. CLARK. The Senator will bear in mind and remember exactl what I was saying and the line ofremark woe makin, that I had no objection the Senfrom Wisconsin will remember it, because itwas an allusion to a remark that he had made about the national Government dancing attendance on the State governments that I had no objection to the national. Government aidinv the State governments. The Senfrom Michigan says it cannot be done.
Mr. CHANDLER. I said it could not be done “here no system was adopted by the local authorities.
Mr. CLARK. Let us see, Mr. President, whether it cannot be done. These gentlemen contend that the national Government have plenary power. That is the basis on which their proposition goes. Now, take it for grante hat there is no quarantine in the State of NewJersey, and the Government have plenary power to establish it, why cannot the SecyTreasury do it under this resolution by his revouue cutters and revenue agents? 4
Mr. CHANDLER. Because the resolution d"bes riot gave him the authority to do so.
Mr. HOWARD. They are to be used in aid of the State quarantine.
Mr. CLARK. To be used in aid of the States, not of a particular State; Where the States have failed to do it, than the General Government may do it. p. 7
Mr. HOWARD, Take a case where there is an utter absence of all such regulations on the part of the State, where the State has employed no force and no agency whatever in the shape of quarantine regulations; what power does this resolution give to the U.S. authorities to interfere in that particular State in any way on the subject of quarantine?
Mr. CLARK. If the Seuatorfrom Michigan is disposed to construe the language so tech nically, it is the easiest thing in the world to amend the resolution in that particular, and say, where the State fails to o it then the General Government may do it.
Mr. CHANDLER. That was the committees proposition.
Mr. CLARK. I am entirel willing that the resolution should be amende in that particular, it" Senators desire it, if that is the carping objection they make to it.
Mr. CHANDLER. That is the only difference between the 2 resolutions.
Mr. CLARK. The Senfrom Michigan says that that is the only difference between the 2 resolutions!
Mr. CLARK. Pray, where did the Senator learn the English language or its force? The bill as reported from the comCommerce overruled State legislation entirely, if the Secretaries chose to do so, tomnkethe system efficient and uniform everywhere. It seems to me that the measure as it now stands, Mith the amendment, if Senators desire the amend flient to be added, would accomplish a great deal; it is a ver difforent thing from what was reported from the " ComCommerce. r; MORRILL. Iwant to call the attentionof myfriendfrom Wisconsin [Mr. Hows] to a single remark that he let fall. That Senator is always critical; he means to be just, I have no don 1:, but when he says that this resolution providm for the payment of all the expenses curred by the States in their systems of quar antine, touching this subject matter, he is very wide of the mark, I beg to say. The Government bythis measure does not propose to the expenses of the States for anything pay the may do for the protection of the public icalt in e States. The SecyTreasury would not be authorized to gay the 1st shil ling of the expenses of the coal authorities. He is simply authorized to aid the States, and as much monoyas is necessary to pay for what the Government does is to be up reprinted for that purpose for the aid it rendhrs, not what the Slates do. We pay for the aid which we authorize the General Government to ive; we do not authorize the SecyTreasury to pay the expenses of the sanitary and health regulations of the States by only means. I suggest, therefore, to my honorable Mend that IS criticism, while it is a little harsh, is a little unust.
Mr; HOWE. If I have done injustice to this resolution, I feel condemned. The mun that would deliberately do injustice to such a resolution as this, I think would be unjust to cholera itself, for I do not know of anything more obnoxious in itself than the resolution except cholera, the naked and pure article. Mr. President, I do not know but that I ought to accept without qualification the criti; cism of my friendfrom Maine. He says that the resolution does rrot intend that the Government shall pay for anything that the States do but only for what the Government does in aid of the States. I guess it is a pretty correct statement; but how far it circumscribes my idea of the extent of the expenditure is aquestion to be considered. Grant that the national Treasury will only a for what the nation does, how will the wori: be divided? The city of NewYork and the city of Boston and each of the other cities threatened with the introduction of cholera, will say “ We want quarantine regulations; we want an Officer here that shall command a ship coming from an infected ort, into quarantine; that is what we want.” hat the State will do and there will be no payment for saying that; but the SecyTreasury will say to the collector or the deputy collector, or some health officer that he designotes for that duty, “Take your stand there at the gateways of that port, and order all these vessels into quarantine as they approach;” and for that the national Treasury pays; for this service
Mr. GRIMES. The detention of the vessel?
Mr. HOWE. For keeping the officer there, and whatever is necessary to put her into nar, antine and detain her there. That is all the expense there is under any system, and that the national Treasury pays for; but for the mere head work, for the mere application, for the simple decision of the port or city authorities adjacent to the port where they want these regulations established, there is no payment to be made and no expense incurred. Gentlemen have inveighed a great deal against the danger growin out of the use of this word “ unitormilWhat is the danger? What does it mean? It means nothing in the world more than that no matter to what port a Vessel is destined, if she has cholera on board, she may be ordered into quarantine, or for the purpose of examination she may be stopped and searched. This is just as nocessar in one port asonother; and doctors say, and I elievo, that it is of no sort of" use in any port unless it be observed in all ports. It does not follow that I there is to be a multitude of new officers employed under this bill, oru nder the amendment reported by the committee which you have rejected. cry likely the collector or deputy collector can exercise the power, and there is one everywhere where avessel is authorized to unload; and very likely this Officer himself is equal to the emergency. I donot know what regulations this board of commissioners would adopt; I do not know what regulations the SecyTreasurv would adopt. I only say that I was not very much in favor of the Governments taking this work upon its hands at all; and therefore I was not very much in favor of the adoption of the amendment reported by the committee. I voted forit mainly because found so manyhere denying that the Government had any authority in the matter. I voted rather to assert the authority than becauseI wanted to have it exercised; but I am utterly opposed to our intervening at all under the direction of the several municipali ties.
Mr. HENDERSON. If the Senfrom Wisconsin will turn to the law that was adopted in 1791), and which has been referred to, I think he will see that at least Congress at that time supposed that it was altogether proper to pass a law similar to the one we now have under consideration, not for the purpose of making it the duty of the officers of the U.S. to carry out State laws and to bring about an expense upon the Treasury by so doing, but for the purpose of making It obligatory upon the Federal officers in the discharge of duties under the U.S. to obey those State laws. If I understand this resolution, it means nothing more and nothing less than that. The Senator assumes that in all probability at NewYork they may have uarantinc regulations, but that at the city ot Brooklyn they may have none. That is resuming that the people of NewYork are willing that the chol era may enter into the State through Brooklyn, but not through the city of NewYork. Is such a presumption at all reasonable? We must. rely something upon the people of the respective States. The Senator complains that we leave it to the different cities to adopt any sort of quaran tine regulations they choose and we in this resolution make it the dut oil the Federal odi cers to carry it out, and thereby entail an expense upon the Government. Let me ask if it is possible that any expense can come to the government under this resolution. It authorizes the SecyTreasury to employ the revenue officers in the execution of sue orders as he may make upon the subject. I did not move to strike out that clause which appropriates whatever sum may be necessary, though 1 can see no use in it; but I submit to the Senfrom Wisconsin whether it is possible that one dollar. of expense can be entailed in the execution of this resolution. Icannot conceive that a dollar of expense can come upon the U.S. in consequence of it.
Mr. HOWE. Then strike Out that clause, and close the from?
Mr. HOWE. "The Senator either misa preheuds the state of the resolution, or e so I misappreliend the force of it. This power to direct the reveriue officers is an additional power, a power in addition to the power given by the 1st clause; there the SecyTieasury is clothed with the authority to make orders and regulations.
Mr. HENDERSON. Let me ask the senator if it is at all likely he SecyTreasury wll employ other officers t on the officers of the Treasury already in the ditlerent ports of the U.S. in the execution of these quarantine laws? If so am willing to limit his power; but. I cannot imagine that the SecyTreasury, already having command of the revenue officers in the different ports will put the U.S. to any additional expense, but that he will employ the officers of the revenue cutters in that way.
Mr. HOWE. My friendfrom Missouriand myself can end this controversy very suddenly, I think. Just make the resolution that it only authorizes him to employ the revenue officers in the execution of the local quarantine regulations, and shut up the Treasury, and I do not care how it is.
Mr. HENDERSON. Strike out the latter part of the resolution; that shuts up the Treas ur.
Mr. HOWE. That shuts up the Treasury, but it does not cut out the 1st part.
Skip Skip The PRESIDENT protempore. The question is on orderin the amendments to be engrossed, and the jtResolution to be read the 3rd time. Mr. JOHNSON called for the yeas&nays, and they were ordered; and being taken, resulted yeas 27, nays 12; ABSENT 10. The JtResolution was read the 3rd time, and passed.
Mr. HEQIDERSON. I desire to amend the title of this joint. resolution, seas to read, “A resolution respecting quarantine and health laws.” I think that would be a better title, and I move that amendment. The title was so amended.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its Chief Clerk, announced that the HoRep had agreed to the amendments of the Senate to the bill (H.R.No. 280) making appropriations for the service of the postoffice Dept during the fiscal year ending the 30th of June, 1867, and for other purposes. The message further announced that the HoRep had passed without amendment t ie JtResolution (S.R.No.88) authorizing the SecyWar to grant the use of certain lumber for the fair for the soldiers and Sailors Orphan Home. The message also announced that the HoRep had passed aJtResolution (.H.R.No. 134) relative to appointments in the Military Academy of the U.S.; in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. Themessage also announced that the Speaker of the HoRep had signed the following enrolled bills and Jtresolutions; which were thereupon signe by the President pro[cmors: A bil (H.R.No. 310) to change the place of holding the courts of e U.S. for the northern district of It ississippi; A JtResolution (S.R.No. 88) authorizing the SecyWar to grant the use of certain lumber for the fair for the Soldiers and Suilors Orphan Home; A JtResolution (H.R.No. 66) relative to the courts and postoffice of NewYork city; and A bill (H.R.No. 397) to authorize the coin age of 5 cent pieces. ADMISSlON of COLORADO VITO.
Mr. Enwiun Coorniz, Secretary to the POTUS, appeared below the bar and delivered the followrng message: Mr. President, I am directedvby the POTUS to return to the senate in which it originated, a bill (S.No.74) entitled “An act for the admission of the State of Colorado into the Union, ” with his objections in writing. APPOINTMENTS and REMOVALS.
Mr. HENDERSON. I desire to call up a bill that I introduced a few days ago Senate bill No. 316 the regulate appointments to and removals from office. I desire merely to call it up, with a view of referring it to the Judiciar Committee. The committee, I understan, meets tomorrow morning and I desire that it shall be referred to them for action.
The PRESIDENT protempera. The Chair will entertain the motion to commit. The motion was agreed to. PREVENTION OF SMUGGLING.
Mr. MORRILL. I call up the special order.
The PRESIDENT protempore. That is now before the Senate, bein Senate bill No. 222, to furtherprevent smugging, and for other purposes.
Mr. HOWARD. I move to set aside all other orders and take up Senate bill No. 109.
Mr. FESSENDEN. I be c not. This is the special order which was aid over yesterday; and Iwaut to take up some appropriation bills as soon as it is disposed of.
Mr. HOWARD. The bill to which I call attention has been up once.
Mr. MORRILL. This is the unfinished business ofyesterday. We can soon finish it. The only question is on concurrence in some amendments.
The PRESIDENT protempore. The guestion is on the motion of the Senfrom Michigan.
Mr. MORRILL. The Senator is not aware perhaps, that this bill comes up as a special order and is now before the Senate.
Mr. CHANDLER. It can be finished in 5 minutes.
Mr. HOWARD. Very well. I withdraw the motion. The BRESIDENT protempura. The bill (S.No.222) further to prevent smuggling, and or other purposes, is before the Senate; and the question is on concurrin in the amendments made as in Committee of the Whole, which were excepted out of the general scope of amendments that were concurred in. The 1st excepted amendment will be read. The Secretary reudthe 1st excepted amendment which was in section 4,line 13, to strike out the words “ and the guilt knowl edge of the defendant, when convicte of the Foot, shall in all cases be resumed unless he or she prove the contrary and in lieu thereof.to insert the following: and the omurprobandi in casesof seizureshall lie upon the claimant whereprobable causeis shownfor such prosecution. to boiudged of by the court before whom the prosecutionis bad.
Mr. MORRILL. I should like to make a verbal amendment to which nobody will object, in that amendment, to use the phrase “burden of proof” instead of “onus probandi.”
The PRESIDENT pro tern on. That correction will be made if there e no objection.
Mr. JOHNSON. I think there were 2 amendments proposed by the committee, one to strike out an the other to insert. I suppose they can be divided.
The PRESIDENT protempore. A motion to strike out and insert is not divisible.
The PRESIDENT protempers. If the motion to strike out and insert shall be rejected, a motion to strike out will then be in order; but under the rules of the Senate a motion to strike out and insert is One motion and not divisible.
Mr. CONNESS. I hope the Senfrom Maine, who has charge of the bill on behalf of the committee, will change the form of his motion and move 1st to strike out so as to simplify the matter, in order that we may vote separately on the propositions.
Mr. JOHNSOA. As I understand the ruling of the Chair, the amendment proposed is one that cannot be divided; butifit shall be voted down we can then move to strike out the clause as it. stands in the bill. Before the vote is taken I beg leave to add another remark or 2 to those which Isubmitted yesterday to the Senate Against this amendment. The honorable member from Massachusetts [Mr. SUMNER] yesterday, said, in regard to the burden of proof, or the onus obandi, as it is classically termed my friendpfrom Maine does not like the classic language, [laughter] that it was a very common thing in court that the onusprobandi or burden of proof is changed from one to the other of the litigants as the case may progress. That is all true; butvhow is it done in a civil suit? It is left by the court to the jury to say that if they belieVe that the fact was so and so, then it is for the other side to satisfy them that notwithstanding this fact the plaintiff is not entitled to recover, or what.ever the effect may be. Now, what is the effect of this amen meat? I am not bringing new the arts of the practicing lawyer, which my friendfrom Massachusetts seems to suppose I am always resorting to. 1
Mr. MORRILL. Not merely possession, but possession surrounded by such circumstances as in the opinion of the court to lead to such an inference.
Mr. HENDERSON. If that be the intention I cannot vote for it; but if the Senator will say that one fact being established I care not what that fact may be if he will say that the importing of goods by an individual who is owner of the goods, and the neglect or refusal to pay the duties being established against. the party, however innocent his intention may be, a primafacie case of guilt shall nrise against him, and it shall devolve on him, then, to show that he is innocent, Iam willing to vote for it; or ifhe will say that although the party did not. import the goods himself, but was an inno cent purchaser of the goods, I am willing to say that on the fact of the purchase of goods improperly imported being establishe the presumption of guilt shall arise until the man establish his innocence.
Mr. MORRILL. Establish it to whose satisfaction 2
Mr. HOWL. I asked to have this amendment excepted and to have a special vote upon it. I did it for 2 reasons: 1st, I am utterly opposed to the amendment as reported by the committee. I do conceive the effect of it to be neither more nor less than practically to transfer the trial of the issue. from the jury to the court, because the issue is guilty or not guilty; that is all there is of it; the Government says the defendant is guilty, and he says that he is not. Practically the Government goes on and marshals its testimony, makes out as stronga case of guilt as it is able to do. The defendant has no testimony, or has it and introduces it. This statute says that whenever the trial steps or before it stops, if the court sees fit to do so, the court may say, “Gentlemen of the jury, here is a case of guilt made out; now I instruct you to find this man guilty, unless the testimony subsequently satisfies you that he is innocent.” That is one reason why I object to it. But I wish to call the attention of my friendfrom Maine to an amendment that has been incorporated here since the bill came from the committee, which seems to me to be entirely foreign to the whole purpose of the section in which it stands. I as to have the amendment as it now stands reported.
The Secretary read the amendment, which was to strike out the words “and the guilty knowledge of the defendant, when convicted of the fact, shall in all cases be presumed unless he or she prove the contrary;” and to insert in lieu thereof the following: “and the burden of proof in cases of seizure shall lie upon the claimant whero probable cause is shown for such prosecution, to be judged of flycourt before whom the prosecution is a
Mr. HOWE. The whole purpose of the section is to punish men for importing goods contrary to aw, or buyin them or selling them after they have been imported contrary to law; and it declares that if a man imports goods in violation of law, that is without paying the duties, the goods shall be forfeited and he shall be punished so and so; and the purpose of the amendment reported by the committee was to regulate the proof on the trial of such an issue, but the amendment as it now stands is that in case of seizure (which is a case not contemplated by the section) the bur den of proof shall be on the claimant, who is a new party, a party that cannot be present upon any trial contemplated by the section the burden of proof shall be upon the claimant on such and such conditions which is entirely foreign, as it seems to me, to the whole purpose of the section. I think that it ought to be corrected, if no more.
Mr. MORRILL. It seems to me that the objection of the Senfrom Wisconsin is well taken to the proposition of the Senfrom Vermont. It will be seen at aglance that the provision of the section is simply as to the punishment of the person; it provides a remedy in cases where any person “shall fraudulentl and knowingly import or bring into the U.S., " &c., any goods improperly imported. The penalty is provided for the person who shall do the acts prohibited; and the provision is that upon such an issue as that, the onus probamii shall be on him, the court having found certain things. I think that is the statement of the whole case; and on the trial of that issue this rule applies. Now, the amendment of the Senfrom Vermont [Mr. Ennusns] is, that upon a question of seizure this principle shall apply, which would make it flpJlly to goods when no such issue is propose by the section.
Mr. POLAND. It leaves this section to apply to seizure cases merely, proceedings against the goods. Perhaps it may not err actly be cognate to the section itself, and it is perhaps unnecessary, because I think the act of 1799, that was referred to yesterday, establishes precisely the same rule in seizure cases, and unless this bill repealed it there was no necessity for having this clause in.
Mr. MORRILL. That was the answer Iwas about to make to the Senator. My understanding of the bill is a little different from his. This provision certainly is not necessary at all in the view the Senfrom Vermont takes of it.
Mr. POLAND. If you leave the act of 1799 in force, it is not.
Mr. MORHILL. The case of a libel against the property is already provided for by other acts. Butthe Senator will see that this section by no possibility can apply to the property by the very use of the language, “the onusprobandi shall lie upon the defendant where probable cause is shown for such prosecution." That is, as to a prosecution against the person, mot a libel against propert.
Mr. POLAND. I understand the section now to read, as amended, “and the burden of proof in cases of seizure shall lie upon the claimant.”., Mr. MORRILL. Yes, sir; but I am speak in of the intent of this section. It was to provide a remedy against the person, and not against the property. We have a remedy against the property in the laws already provided for. Now we propose to provide an additional rem edy against e person, and the amendment of the Senfrom Vermont, [Mr. Ennuxos] ignoring that part, makes a provision for a proceeding against property. That amendment ought not to be accepted, 1st because it has no np lication to the bill and is not necessary, and whether the Senate will accept this provision or not is a question that is entirely independent of that; whether they will do it or not depends upon whether the Senate is disposed now to appl the same principle as to the bur den of proo against a man who is charged with violating the law that)ins been uniformly applied against his property when you were pro, ceeding win remagainst it. That is all there is about it.
Mr. MORRILL. That is so; that is the effect of it.
Mr. HENDERSON. Is it in order to amend the clause intended to be stricken out before the vote is taken on the other?
The PRESIDING OFFICER, (Mr. Pom moy in the chair.) The Chair thinks that it is in order to amend the portion proposed to be stricken out.
Mr. HENDERSON. My idea is that the establishment of some fact. as against the de fendant in a criminal prosecution ought to raise a presumption of guilt against him. I think recent possession of goods illegally imported on ht to raise the presumption of guilt.
Mr. CLARK. Ihat is a matter for the jury.
The PRESIDING OFFICER. The question is on concurring in the amendment made as in ComWhole.
Mr. MORRILL. Iwant the 1stquestion to come upon the amendment move by the Senfrom Vermont, [Mr. Emumos] which was to the original amendment, applying it to cases of seizure alone.
Mr. MCDOUGALL. Allow me to ask a question. Why make a new law of evidence in maritime law? Is there any cause for it?
Mr. EDMUNDS. There is no cause whatever. It is the old rule.
Mr. MCDOUGALL. Then why make the provision here?
Mr. EDMUNDS. That is just what I am about to explain. The amendment which I offered in committee was agreed to. This amendment of the ComCommerce being under consideration in ComWhole yesterday, I proposed the amendment which has been named. That amendment to the committees amendment reporting the bill was agreed to. Then the whole amendment was agreed to in committee and reported, so that the only question now possiblebefore the Senate is on agreeing to the amendment reported by the ComWhole, if I correctlyunderstand parliamentary law. 1
Mr. MORRILL. Now, allow me. The Senfrom Wisconsin [Mr. Hows] took exception to the amendment of the Senfrom Vermont alone, and stated that he desired to tr that question of the proposed amendment olythe Senfrom Vermont applying the rule to cases of seizure. That was the proposition.
Mr. EDMUNDS. If the Senfrom Wisconsin undertook to make that reservation, it was totally beyond his power and that of the Senate regularly to grant it, because there was no such question pending. i gnr mt. 1866. r WKQZQNGWQFFAL 933? 2593 Now, I wish to say a single wordon the merits of this question. It is true in my opinion, as my honorable friendfrom Maryland [Mr. Jouxsox] says, thatwe are simply in these cases of seizure reenacting what the law now is. I agree to what he states about that., We are also ten lines above reenacting what the law is as to the forfeiture of the goods. That is the law now in both cases. he difficulty we shall get into in the courts where those who are engaged in smuggling retain the astutest counsel they can find, will be this: if we reenact the law as, to forfeiture and do not reenact the law as to the burden of proof, it willbe imme diately contended that we intended to drop it, that We have created a new code that we have provided a fresh forfeiture, and have fiiiled to provide for the old rule of evidence, and there ore that rule no longer apilies; and half the judges of the country wrli decide so. It is, owever, my opinion that the law is the other way; but at a events if we have the cause of forfeiture in we had better have the law of evidence in.
Mr. MORE ILL. I will settle this question then. We are in the Senate now, and I move to strike out the amendment proposed in committee.
The PRESIDENT protempore. An amendment to the amendment is in order.
Mr. MORRILL. I maintain that the clause as it stands is obviously useless, for this reason: the section does not provide nor propose any remedy for goods forfeited; that is provided for by the act of 1799, which also provides the rule upon which the trial of the proceeding diall be had, and therefore it is not necessary in this bill. Now, the only reason for stating the rule of evidence in this bill is because, contra? to all the other acts, we propose to procee against the person by a prosecution, and in proceedin niainst the person by a prosecution we say O urden of proof shall be on him in certain conditions. Now, it would be perfectly incongruous to say that in a proceedm, which is the only one provided for by this bifi, against the person, cases of seizure shall he proceeded wrth in a certain way that is, in a proceeding, the only one provided, which is against the person, you are to make your evidence apply to cases of seizure. That raises the question and it is the onlyquestion raised.
Mr. Enubuns. I should ilre to inquire, in this precise connection, what was the purpose of the ComCommerce in introducing into this section the amendment in the 8th line reenacting the law as to the forfeiture of goods. i by did the committee ameipdd by inserting that clause? It is the law alre y.
Mr. MORRILL. No, I do not say it is the law already; but I say if you proceed against the goods as for forfeiture the remedy is that provided for by the act of 1799.
Mr. EDMUNDS. Yes; but what is the object of introducing into the section this fresh clause relative to the forfeiture of the goods?
Mr. MORRILL. Because the forfeiture of the goods depends on the manner in which they shall be introduced into the country.
Mr. MORRILL. No, sir; not as provided for in this section.
Mr. HENDERSON. Thispermits a seizure in such cases as were not provided for before.
Mr. MORRILL. That is what I say. It adds additional circumstances under which goods shall be forfeited.
Mr. EDMUNDS. If that be true, then most certainly there is a new forfeiture here, not already provided for, and we must in that case fly the new onusprobandi or we shall lose it.
Mr. MORRILL. That does not follow by any means. All I mean to say, and all that it is necessary to say for this argument, is that there is no provision in this section for a procedure aglainst the goods; there is no provision in this bill to proceed against the ods; and therefore the idea of providing or the burden of proof against goods isnot: crliuent. It should be against thogperson. Sop the question is simply whether it is the sense of the Senate that we ought to change the rule in the case of a prosecution against the person. On that I submit that there are 2 sides.
Mr. CONNESS. I desire to ask the honor able Senfrom Maine, who has reported this bill and prepared this section particularly, if it has been found that without this section, which proposes a penalty as against the person and proposes to put the burden of prooi upon the person charged with the offense, the existing law is in sufficient. Is the reason for prearin and introducing this section that it has been ound that the existinglaws providing for a eualty against the person are insufficient?
Mr. MOltRILL. In the judgment of the Treasury Dept, that was so. The bill was framed at the Treasury Dept as oriinally exrcssed. l
Mr. CONNESS. I would sooner take the opinion of some of the gentlemen of the senate who are ractitioners of the law, members of the bar, t on the opinion of the Treasury Dept on such a point. I think I can throw some light on this case.
Mr. MORRILL. I thought the honorable Senator asked as to the fact, not as to the law.
Mr. CONNESS. I desire tobe understood, because I think I understand something about the difficulty that lies behind this section. My question was, did those who prepared this section prepare the provisions that are made here as against the person who commits the offense becauseexistingstatutes were insufficent in that respect, or was it for some other purpose?
Mr. MORRILL. It was simply to enable the Government to guilty persons. alone.
Mr. CONNESS. So they are of opinion, than, at the Treasury Dept that guilty persons mostly have ese aped
Mr. MORRILL. I move to amend the amendment by striking out the words “in cases of seizure" from the words which the amendment proposes to insert. The amendment to the amendment was agreed to; there being, on a division ayes 18, noes 9.
Mr. EDMUNDS. I now move to strike out the whole.
Mr. FESSENDEN. That is the very question now.
Mr. EDMUNDS. If it is proper to amend the amendment reported by the ComWhole, in one respect it is in all. Now, I move to amend the pendin amendment by striking out the words “ and libe guilty knowledge of the defendant, when convicted of the fact shall be presumed unless he or she shall prove the contrary;” and also the provision that the burden of roof shall lie upon the defendant where probable cause is shown.
Mr. FESSENDEN. I suggest to the senator that he will meet it more simply by just taking the vote on concurrence with the amendment made in ComWhole. If that be rejected. if we do not concur. then he can move to strike out the words which may remain.
Mr. EDMUNDS. If that is the whole of the proposition it is the same question.
Mr. FESSENDEN. If we reject the amendment a motion can be made to strike out the original words, and in that way he can put all out.
Mr. EDMUNDS. If I correctly understand the present question it is on agreeing to the amendments reported by the ComWhale and one of these amendments reported by the ComWhole has just been amended by striking therefrom the words which the Senfrom Maine [Mr. Mosaics] proposed to strike out. Now, having agree to that, the amendment reported by the committee or what remains of it meets my disapproval decidedly. I entirely agree with the Senfrom Maryland that it ought not to be adopted as it now stands. If that is the whole of the amendment we can take the question just as well upon a reeing or disagreeingto the amendment. Is that the whole of the amendment now pending?
The PRESIDING OFFICER. The Chair understands it to be the whole of the amendment.
Mr. EDMUNDS. Then I ask for the ycas&nays on the adoption of the amendment.
Mr. HENDERSON. Is itin orderto amend that portion by moving to strike out the same matter and insert other matter?
The PRESIDING OFFICER. TheSenator will state his amendment.
Mr. HENDERSON. I desire to strike out the whole of the matter in this section alter the word “and, ” in line 13, and to insert: In all caseswhere it is proved that any personhas Imported or broughtinto the U.S or assisted in so doing. any goods.wares or merchandise contrar to law and in cases where any person shall receive.conceal. buy, or sell any such goods, wares or merchandisecontraryto law. it shall c presumed that.such personhad guilty knowledgeofsuch violation of law and the burden of shoIiing the contrary shall be upon the party so offending.
Mr. MORRILL. I do not so ose it is in order to move that at this time. O question, I think. must be on concurrence in the amendment made as in ComWhole, as amended; but if I understand the amendment of the Senfrom Missouri, itdoes not differ materially from the amendment proposed by the committee.
Mr. HENDERSON. The difference is this: my amendment declares that upon the establishment of a facta presumption shall arise; whereas as it now stands it leaves to the court at any sta e of the proceedings to declare that the defendant is guilty and that it devolves on him to show his innocence. My amendment establishes a rule, instead of leaving it entirely in the breast of the court.
Mr. MORRILL. I understand it to be substantially this, that provided the Government shall establish the fact of the illegal importation or the fact that aid and assistance were given to facilitate the transportation, then upon the roofof those facts the inference of guilt shal follow.
The PRESIDING OFFICER. The Chair thinks the amendment of the Senfrom Missouriis not in order at this time, as it proposes to strike out that which has been part1 concurred in and partly not concurred in, an the very question is whether the Senate will concur in that portion.
The PRESIDING OFFICER. the question is, Will the Senate concur in the amendment made as in ComWhole, as amended?
Mr. HOWE called for the yeas&nays, and they were ordered; and being taken, resulted yeas 26, iiays 16; ABSENT. So the amendment as amended was concurred in. The next excepted amendment was in section 7, linc t ree, after the word “ days, " to insert “after the facts shall come to their knowledge, ” so that the section shall read: That it shall be the duty of the several collectors of customs to report.within ten da 1 after the facts shall cometo their knowledge. to the district littor ncy of the district in which anyfine, or personalpen nlty may be incurred for the Violation of any law of the U.S. relating to the revenue.is statement of all the facts and circumstances.&c.
Mr. EDMUNDS. As the law now stands, if I correctly understand it, it is the duty of the collector of customs or other customs Officer making a seizure to report that seizure to the district attorney within ten days after the seiz ure in order that proceedings may be instituted against the property, when the claimant may, by giving bail or other security, receive his property from the otheer, and a trial may be had. This amendment proposes to change that law, and to only make it the duty of the collector to report to the district attorney after the facts come to his knowledge. That means all the facts, I take it; and he may therefore postpone makings reportto the district attorney as long as in his discretion it may seem to be desirable. The consequence will be that the district attorney cannot take any proceedings against the property until he gets this report, and the claimant cannot take any proceeings I withdraw it for the or steps whatever to recover the possession of the property until that is done. In my judgment, it is iving too large a discretion to the collector o customs to effect a purpose of that description. I hope. therefore, that this amendment will not be concurred in, in order that it may be made the duty of the collector or the informing officer to report to the district attorney within a definite time after the seizure, as the law is now.
Mr. MORRILL. I am satisfied that the Senator is right, and that the amendment is obnoxious to the dilllculties he suggests, and l I hope it will be stricken out. I did not so understand it at 1st. The amendment was non-concurred in.
Mr. MCDOUGALL. I ask the permission of the Senate to call up, with a view to its reading, the veto message received some time since from the Executive.
Mr. CHANDLER. Let us finish this bill 1st. We can dispose of it in live minutes.
Mr. MCDOUGALL. I only desire to have the message read, which should be done atonce out of respect to the Executive, and then it can be ordered to be printed and go over until to marrow.
Mr. MORRILL. Let us dispose of this bill before taking that up. We shall be through in a very short time.
Mr. MCDOUGALL. Very well. The next exec ted amendment was to strike out the 19 t section of the bill in the following words: Sec. 19. Abife: That nothing in this not contained shall be taken to abridge or limit nay forfeiturc. pe nnltyfi.ne. liability or remedypro ved for or existing under any law now in force.
Mr. MORRILL. That section, I am in clined to think, on further reflection, ought to remain. It was stricken out after the bill was sent to the committee, and the committee gave their assent to striking it out; but since action was taken on striking it out yesterday, I have been to the Treasury Dept, and I am afraid that if that section is stricken out certain rights of the Government in forfeitures and penalties which have been provided for in former acts will be impaired. No harm can arise from its being in the bill, and it is safest, on the whole, I think, to allow the section to stand. I therefore hope that the Senate will not concur in the amendment striking out that section.
Mr. EDMUNDS. I agree with my friendfrom Maine that the section ought not to be stricken out, but I suggest to him whether it would not be well to add “except as herein otherwise specially provided, ” so as to guard against any double forfeitures or double pen a ties.
Mr. FESSENDEN. That can be done afterward. Let us non-concur 1st in the amendment to strike out the section, and then the Senator enn amend it. The amendment was nonconcurred in.
Mr. EDMUNDS. I now move to amend this 19thsection by adding the words, “except as herein otherwise specially provided.” The amendment was agreed to. The next excepted amendment was in section 33, line 17, after the word “when” to insert the word “any, ” and also to strike out the letter “s” in the word “officers, ” in line 19 to strike out the word “make” and insert “furnish information to he collector leadin to n;" in line 20 to strike out the final“ s" in the word “ seizures;” and also to strike out the word “they” and insert the word “ he;” and in line 20 one after the word “distribution” to insert the words “with such collector, naval officer, or surveyor;" so that the proviso will read: Provided. That when any officer of the customs. other than the collector. naval officer or surve or, shall furnish information to the collector la in to a se ilnrs he shall be entitled to an equal share of the distribution with such collector. naval ofllcer or surveyor.
Mr. MORRILL. I desire to make a single statement about that provision and the effect of it. As the law now is, 1/2 the money arising from seizures is distributed among the collector, surve or, and naval officer.
Mr. MORRILL. Yes, sir; 1/2 of the whole seizure is distributed among those officers. As it has been amended, this proviso is that the 1/2 shall be divided between the collector, naval Officer, or surveyor, and any other Officer of the customs furnishing the information leading to the seizure, and that would include appraisers, measurers, &c., which is said to be against the policy of the law. On account of the peculiar duties attached to those otheeistheyhavealwaysbeen excluded. There is no necessity for any change of the law so far as informers are concerne. The committee were under a misapprehension when they amended this proviso, thinking it ought to be extended to a persons who gave information. That is the law now. We have only, therefore, added a further division between another class of Officers, which I am told at the Treasury Dept is against the policy of the law, on the ground of the peculiar duties that they perform. They are measurers and appraisers, whose dut it is to fix the value of the goods, and there ore the ought notto be subject to this temptation. hope, therefore, the amendment will he non-concurred in and then I pros poseto strike out the whole of that proviso. The amendment was non-concurred in.
Mr. MORRILL. I now move to amend that section by striking out the proviso at the end of it, in the following words: Provided. That when officersof the customsother than the collector. naval officer or surveyor shall make seizures. they shall be entitled to an equal share of the distribution. The amendment was agreed to. The next excepted amendment was to strike out the 35th section of the bill, in the folloiving words: Sec. 35.Abife:, That in all cases in which the fees and emoluments receivedby any collector or other principal officerof the customs are, in the opinion of the SecyTreasury. insuf ficient to nfforda reasonable compensation for the services of such officer, after payment out of the sameof reasonable incidental expensesof the ofice. the said Secretarymay direct that somuchof thosaid incidental expensesas shall seem to him to be just shall he paid out of the appropriation for paying the expensesofcollectingtha revenue; and thesaidSee retary shall have the same power in regard to incidental expenseswhichhave heretoforebeenincurred and which have not. been settled and paid into the Treasury; and all fees paid into the Treasury by customs ellicers shall be placed to the credit of the fund lor defrayingexpensesof collecting the revenue from customs.
Mr. JOHNSON. I should like to know of the Senfrom Maine the reasons for striking out that section.
Mr. MORRILL. I will state all I know in regard to it. It will be seen that this section gives the SecyTreasury authority to pay the expenses at places where the revenue does not produce sufficient to meet the expenses in certain ports. It confers additional power to meet such cases. The necessity for it, it is said, has arisen in the southern ports. The committee had no evidence when it struck out this section of any such case, and had no information of the necessity for it. The information that I have obtained at the Treasury Dept this morning is that it is necessary to meet a certain class of cases that have arisen in the insurrectionary States. In opening ports there the busirkss is light, the exeiises are lar e, and this additional authority is deemed by the SecyTreasury to be necessary to meet the new state of circumstances.
Mr. JOHNSON. Why do you propose to strike it Out?
Mr. MORRILL. We struck it out before we knew these facts, and the question now is on concurrin in the amendment to strike it out.
Mr. FESSENDEN. I will inquire of my colleague whether the object song t to be obtained cannot be accomplished substantially by retaining the last part of the section. Here tofore in the disturbed condition of things in the southern States itlmay have been necessary to incur additional expense in this way; but now that there is no such trouble down there, I am a little averse, unless very good reasons can be given for it, to clothing the SecyTreasury with the power to increase, according to his own judgment, the compensation of officers. I think, from a casual glance I had of it, we might make adistinction between the 2 classes of cases.
Mr. MORRILL. Very well. I hope the Senate will non-concur in the amendment to strike out the Section, and then I will move to mend it by striking out all after the enacting clause down to and including the words “revenue and ” in the 10th line.
The PRESIDING OFFICER. The question is on concurring in the amendment made as in ComWhole striking out this section. The amendment was non-concurred in.
Mr. MORRILL. I now move to strike out all of the section after the word “that” in the 1st line down to and including the words “revenue and ” in the 10th line.
Mr. JOHNSON. That will not do. You will have to change it further.
Mr. JOHNSON. Because the subsequent part of the section refers to what you propose to strike out. It reads, “and the Secretary shall have the some power.” What power?
Mr. MORRILL. Then I will strike out the word “same.”
Mr. JOHNSON. Then what “power” is referred to?
Mr. FESSENDEN. My impression was, after reading the section, that it could not be amended; that it had better be redrawn.
Mr. MORRILL. There is no difficulty in the particular referred to by the Senfrom Maryland, because the Secretary has the power now to pay the incidental expenses that have been incurred.
Mr. FESSENDEN. If he has the now there is no need of the section, an had better strike it all out.
Mr. JOHNSON. I think it had better be kept in because they get nothing down there now. I suggestto my friendfrom Maine [Mr. MonuiLL] that the section had better remain as it was originally drafted.
Mr. MCDOUGALL. I desire now to renew the suggestion I made a short time since, as there seems to be some misunderstanding and difficulty about this bill, that we take up some other business that belongs to the business of the day. I therefore move to postpone every thing else and take up the message of the POTUS returning with his objections the bill for the admission of colorado into the Union.
Mr. FESSENDEN. I hope that will not be taken up to in ht. It is very late.
Mr. WILS N. Has the bill to prevent smugglinfl been disposed of?
The PRESIDING OFFICER. That bill is still before the Senate.
Mr. MCDOUGALL. I have possession of the floor and have not iclded it.
The PRESIDING OFFICER. The Senfrom California is entitled to the floor.
Mr. MCDOUGALL. I insist on my motion that all other business be suspended, and that the Senate proceed to the readin of the ines sage of the POTUS returning the colorado bill to this body.
Mr. MORRILL. I am very desirous of disposing of the bill before the Senate. I think power you we can pass it in live or ten minutes more.
The PRESIDING OFFICER. Does the Senfrom California withdraw his motion?
Mr. MCDOUGALL. I only want to have the message read and ordered to be printed; that is all.
Mr. MORRILL. You had better withdraw it for the present.
The PRESIDING OFFICER. The motion is withdrawn, and the question is on the amendment of the Senfrom Maine to the 35th section of the bill.
Mr. MORRILL. Iwithdraw that amendment. It has been suggested to me that the section had better stand as it is in the bill. I will inquire how the question stands in regard to that section.
The PRESIDING OFFICER. The Senate did not concur in the amendment made as in ComWhole, and therefore the section now stands in the bill.
Mr. MORRILL. Very well; then I will make no motion in rerd to it. I move further to amend the bi in section 31, line 12, after the word “naval officer, ” to strike out the words “surveyor of customs, ” so that it will read: That the SecyTreasury be, and be hereby is. authorized, whenever he shall think it advantageousto the public service or revenue, to abolish or suspend the office of naval ofioer, or any suhprdinate offics. in any collection district of the U.S. the The amendment was agreed to.
Mr. EDMUNDS. I wish to move an amendment to the 3rd section of the bill. It is to add the following proviso; suPbrjoeveitded. That no railway car or engine shall be to forfeit a by force of the provisions of this act. unlessit shnl appear that theowner, or agent of the owner in charge thereof at the time of such unlawful importation or transportation thereon or itlhleegreabl yim, wpoarstaat icoonnsenting party, or privy to such or transportation. It is well known to eve body on the northern frontier that it is perectly impossible for railway companies to guard against the intro duction of contraband goods, to some extent or other, in their trains. They take, like a carrier by the sea, the manifests and invoices of the owner, and the contents of the pack ages are stated, and the put them in their trains and bring them a oug. Now, by the force of this section as it stands, while in the same case a steamboat on Lake Champlain or Lake Michigan, for instance, would not be forfeited by bringing in a contraband package, a railroad train from Montreal to St.Albans, in Vermont, or from Montreal to Portland, in Maine, would be subject to forfeiture. That I believe to be unjust; and therefore my object is to limit these cases of forfeiture on railway trains doing an immense business, and which cannot get information about all these things, to cases where the conductor in charge, the agent of the owners, had guilty knowle go of the fact.
Mr. FESSENDEN. I wish to ask the Senfrom Vermont if he has looked at that section; I have not; but I have got the impression that it gives extraordinary powers with reference to stoing railroad trains.
Mr. MORRILL. 0, sir; it does not mention railroad trains.
Mr. FESSENDEN. But it speaks of all sorts of vehicles. Now, if the officer, because he finds 2 or 3 contraband packages, is to take the whole train into his possession, it would create a confusion with regard to transportation that would be very onerous indeed, and that ought to be guarded against. That kind of transportation does not stand like anything else. A train is a vehicle, according to the definition given here, and if the officer finds that there are smuggled goods on board he is to take possession of t 9.vehicle, the car, the engine, &c. Now, where these trains are coming from another section the consequence would be that if an officer found any contraband packages on board he would stop the train and take possession of it. That would create infinite difficulties, because a railroad train is so unlike any other kind of transportation; and that ought to be carefull guared against. If Senators have examine the section carefully, so as to be sure that that consequence would not follow, and it would create no particular difficulty, I will not I have not examined it myself sufficienotbyfectto. determine thatquestion.
Mr. EDMUNHJS. I think we shall be obliged to submit to the inconvenience which has been mentioned by the Senfrom Maine. It will be impossible to have the inspection laws vig orousIy and faithfully executed unless the officer has power to stop a train for the purpose of inspection, if he thinks it necessary and proper to do so, just as he may stop a vessel or anything else. Of course, it is a lar O power and may be abused; but I am satisfie, from the means of observation I have had, it is a power which it is necessary for the ro; tection of the revenue should be coniid to these officers. There is not much danger of their fibllBltlg this power of inspection. They tnust hays the power to stop the trairifor the purpose of inspection. That is aboutthe subance of it.
Mr. FESSENDEN. I know that; bntifthe train is to be forfeited then, of course; they take possession of the train: 7.
Mr. EDMUNDSL I propose; to provide for that in the amendment which I have offered.
Mr. MORRILL. I should like to have the amendment read at the vdesk. the Secrets. read it.
Mr. MORRILL. The difficulty that occurs to me is about establishing the ownership. The language of the amendment is “the owner or agent of the owner.” On t it not to be so broad asto include any the a nts of the compariy, the conductor or any officer?
Mr. HENDRICKS. I do not think a train ought to be forfeited for the act of the conductor.
Mr. EDMUNDS. That paift of the amendment provides that if the responsiblepart, the manager in charge. of the train, has the guilty knowledge, then the train or carissubject to forfeiture; butif the responsible manager, or the conductor, is not ilty of any imropriety, then I think it would e too hard, ift e engine driver, or stoker, or brakesman should happen to be smu "ha in a small keg of brandy, that the owner s on d be subjected to the forfeiture of the train for that reason. I think that is going too far.
Mr. CHANDLER. Then say the agent of the company.
Mr. EDMUNDS. I have said the owner, and that must be the company or the private person who owns the car or engine. h any of the northern roads are not owne bycompanies, but by private persons, who are trustees. Hence the term “owner, or agent of the owner in charge, " it appears to me, covers both classes of controlling parties, the proprietor or the agent of the proprietor who as control of the train. If any anguage can be found to express the idea better, I shall certainly be very glad to accept it.
Mr. MORRILL. I do not know but that that answers the purpose; but it seems to me it will not be possible to bring a guilty knowled e of the fact to the owner.
Mr. EDMUNDS. That is exactly the language of my amendment.
Mr. FESSENDEN. Had you not better put in the word “superintendent?” All these companies have superintendents.
Mr. EDMUNDS. Very well; I have no objection to inserting the word “ superintendent” after the word “owner, ” or in place of it, as may be most agreeable.
Mr. CLARK. Let the amendment be read with that word in.
The PRESIDING OFFICER. The amendment will be read as modified.
The Secretary read it, as follows: Provided, That no railway car or engine shall be subjectto forfeiture by force of the provisions of this not unless it shall appear that the owner. superin tendent, or agent of the owner m charge thereof at the time of such unlawful importation or tumortation thereon or thereby was nconsentin: party, pir privy to such illegal importation or transporta on. The amendment, as modified, was agreed to.
Mr. HOWE. The 2nd and 3rd sections of this bill speak of the seizure, search and examination of all trunks, packa es, an envelopes. It seems to me that anguage is broad enough to cover the U.S. mails. Isuppose it is not the purpose of the bill to authorize the examination ciethe U.S. mails.
Mr. HOWE. I propose to offer an amendment to prevent such a construction.
Mr. EDMUNDS. There is no danger of such a construction being placed upon this Ian rage. It is the language usually employed in t icse bills.
Mr. HOWE. If gentlemen are perfectly cohfident that it will bear nosueh construction, and will receive no such construction, I do not care to ess it.
The PRESIDING OFFICER. The Senfrom Wisconsin withdraws his amendment.
Mr. HOWE. I will suggest another amendment, in section 3, line 39, to strike out the word “appoint, ” and insert the words “for the employment of;” so that the clause will read: and the SecyTreasury mayfrom time to o prescribe regulationsfor the search of per!bn and baggage, and for the employment of female msgcctorsfor the examination and searchof persons of air own sex. The amendment was agreed to. The amendments were ordered to be engrossed and the bill to be read a 3rd time. t was read the 3rd time and passed. HOUSE BILL REFERRED. The JtResolution (H.R.No. 134) relative to appointments in the Military Academy of the U.S. was read twice by its title, and referred to the ComMilAffrs . cossunsn and DIPLOMATIC BILL.
Mr. FESSENDEN. For the purpose of having the bill which I wish to take up in the morning left as the unfinished business, I move that the Senate proceed to the consideration of the consular and diplomatic appropriation bill.
Mr. SUMNER. There is House bill No. 11, on which the Senate has been engaged for several days, and on which we are just on the verge of a vote, which I think ha better be taken u.
Mr. SUMNER. It is the NewJersey railroad bill.
Mr. FESSENDEN. We shall not get through with that for 6 weeks to come.
Mr. SUMNER. We have got to the end of the discussion upon it.
Mr. FESSENDEN. I shall not withdraw my motion for that.
The PRESIDING OFFICER. The Senfrom Maine moves to take up the bill (H.R.No. 26]) making appropriations for the consular and diplomatic expenses of the government for the year ending June 80, 1867, and for other purposes.
Mr. SUMNER. I should like to interpose the other bill.
Mr. FESSENDEN. The Senator can try a vote upon it. You cannot interpose it unless you vote in motion down.
Mr. SUMNER. Then I hope the Senate will not take up the appropriation bill until the other bill is disposed of.
Mr. SUMNER. Very well; I think we had better sdjourn.
Mr. FESSENDEN. Oh, no; let us havea vote on thisquestion 1st.
The PRESIDING OFFICER. the question is on the motion of the Senfrom 9. The motion was agreed to ayes 20, noes not counted. nxsenrrva SESSION.
Mr. FESSENDEN. I now move that the Senate proceed to the consideration of executive business.
Mr. MCDOUGALL. I have twice before asked, and now a sin ask, for the reading of the veto message of the President. I merely desire to have it read and printed. I want to see what it is. I am not informed. It is a matter of importance, and it should be read. That is all I desire.
Mr. STEWART. Take an order to print without reading it.
Mr. MCDOUGALL. No; it shouldbe read and printed.
Mr. MoDOUGALL. This can be done in 5 minutes.
The PRESIDING OFFICER. the question is on the motion of the Senfrom Maine.
Mr. MCDOUGALL. On that question, I call for the yeas&nays. I want to m Whether. uu 11
Mr. MCDOUGALL. Mr. President, I address you, and I have the floor. When a message comes to this body from the POTUS, without regard to the individual, but out of regard to his high office, it is, as a matter of courtesy, the duty of the senate on the 1st opportunity to hear what he may have to say why he did not indorse the proceedings of the 2 Houses of Congress. hat isacourtesy that has always been observed, and never unobserved, I think, until this day; at least, this will be the 1st time when it has been refused.
Mr. FESSENDEN. I will simply say in answer to that
Mr. MCDOUGALL. I am speaking to the question, sir. It is in the course and order of proceedin that a messa c of the pOTUS shonl be read to the House to which he sends the message on the 1st opportunity, not interferin with the pending business; and that wonl be the pending business of the moment. It should have been read some hours since. It has not been read as yet. I do not know what it is. I want to see what advice is contained in the counsel he may convey to me as a Senator of the U.S and to other Senators of the U.S.; for under the system of Government under which we live, when the tribune of the people says, “I forbid” for “I have cause; Ithiuk you are in error; I think passion may have been uppermost and reason may have been overthrown;” we should receive his mes sage with all the consideration which belongs to a high body of which he is an equivalent, not a sufferior. It has come here, and has been on our esk, now, for hours. There is, it seems to me, a perverse, adverse spirit not disposed to exten to his statement of his objections the courtesy that always has been extended to men who occupied his high place in years gone by. We are not happy in wandering from our former paths. We are wandering, and wan dering into the wilderness. How soon we may et lost, none but Him alone knoweth. I say it is our bounden duty to hear that message read now, and have it printed for the advice of the Senate. I ask that it may now be read and printed; and that is the motion which I made some time ago, when I had the floor, but waived it. It is my right to move it now, and I make that motion that the message he read and printed.
Mr. FESSENDEN. The question now is simply on the call for the yeas&nays, as understand it, on the motion to go into executive session. I, n
The PRESIDING OFFICER. On the motion to go into executive session the Senfrom Ca ornia asks for the yeas and uays.
Mr. FESSENDEN. That is the motion before the Senate, and the only one that can be in order. They have not yet been ordered.
Mr. MCDOUGALL. Very well; Itrust they will not be ord red until this thing be done.
Mr. FESSENDEN. I wish simply to say that if by any possibility the motion I have made could be construed into any disrespect of the Chief Magistrate, that at this late hour we let his message go over until the morning before having it read, in order that we may have a full Senate, I certainly would withdraw it for that purpose; but as I have no such intention, and as the idea of disrespect to the President is entirely imaginary, I shall insist on my motion and let the {ess&nays be taken upon it if Senators ca 1 for them. That is the motion before the Senate.
Mr. MCDOUGALL. I do not charge the Senfrom Maine
The PRESIDING OFFICER. It is the duty of the Chair to suggest that on the question of going into executive session extened debate is not allowed in the Senate., I
Mr. MCDOUGALL. I shall not go beyond the question of oin into executive seasiomwi The Pnesmhrd OFFICER. Upon a allowed.
Mr. MCDOUGALL. I.will confine myself to that, and all my remarks have relation to at.
The PRESIDING OFFICER. But the guestion of going into executive session is not. ebatable.
Mr. MCDOUGALL. Very well. Allow me to remark, then, to the Senatorvfrom Maine and I want it marked down with exactperiods this is the 1st time that for hours a message from the President upon an important public question, a brief message, requirin no time to read it, has been denied a hearing in the Senate of the U.S., when this was the body to whom the bill was returned; and I hold it to be a vindictive assault upon the Chief Executive.
The PRESIDING OFFICER. Upon the motion to go into executive session the Senfrom California asks for the yeas and pays. The yeas and pays were not ordered. The PItESIDlN G OFFICER. The question now is on the motion of the Senfrom Maine to proceed to the consideration of executive business. Themotion was agreed to; and alter some time spent in executive session. the doons were reopened, and the Senate adjourned. question a mere expression of opinion is
###HOUSE OF REPRESENTATIVES. 1ussnn, May 16, 1866. The House metat 12 oclock m. The Journal of yesterday was read and approved. spouses FROM swrss CANTONS.
The SPEAKER, byunanimous consent, laid before the House an address from Swiss Can tons in favor of emancipation, &c.; which was referred to the ComForAffrs, and ordered to be printed. MCQNMRUQTION. Mr. WILSON, of Iowa. I ask unanimous consent to present, thatit may be printed, an amendment which I intend to offer to House bill No. 643. to provide for restoring to the States lately in insurrection their full political rigllits.
The SPEAKER. If there be no objection, the proposed amendment will be ordered to be printed. There was no objection. The amendment proposes to strike out all after the enacting clause in the 1st section of the bill, and insert the following: That wheneverthe above recitednmendmentshall have become part of the Constitution of the U.S and any Statelately in lflSllllOCllODshall have ratified the some and shall have modified its constitution and laws in conformitytherewith, the Sens&Reps from such State. if found duly olectpd and qualified. may. after having taken the required oaths ofolTit e.be admitted into Congressas such: Provided. That ifu nySlute nfter ratifyinq said amendrnent undeoiifoijminizits Constitution audlaws tohfosruofiwrnahg.cshall establish an equal and just system for all male citizenswithin its jurisdiction who are not less than 21 yenrs of age. the Sens&Repsfrom such State shall be admitted iisaforesaid Without being required O await the action of other States in such amendment: Aml provided furllier. at nothing in this section contained shall beso construedas to require the disenfranchisement of anyloyal person who is now entitled
Skip Skip LEAVE or ABSENCE. Mr. BROMWELL asked leave of absence for Mr. Mounrox for ten days. Leave was granted. AMERICAN corrON COMPANY.
Mr. ASHLEY, of Ohio, by unanimous consent, introduced a bill to incor crate the American Cotton company of the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. sonninus and SAILORS onrusus um. On motion of
Mr. LYNCH, by unanimous consent, a JtResolution (S.R.No. 88) auth0rizing the SecyWar to grant the use of certain lumber or the fair .for the Soldiers and vSailors Home, was taken from the Speakers ta le, and read a 1st and 2nd time. It proposes to authorize the SecyWar to grant the use of lumber, not demanded by the Dept for immediate use, for the erection of temporary buildings in the city of Washington for the national fair for the benefit of the Soldiers and Sailors Orphan Home.
Skip Skip The JtResolution was orderengross for a 3rd reading; and being eu grossed, it was accordingly read the 3rd time and passed. Mr. LYNCH mtRtv the JtResolution was passed; on the table. Agreed to. DUNDAS PATENT.
Mr. WASHBURNE, of Illinois. I ask unanimous consent to submit the following resolution: Resolved. That the SecyInterior be directedto communicateto this House whetherany application has been made for the reissue of the Dundiu patent for cultivator and if so. by whom, and at w int time and upon what grounds and to transmit to this Home copies of all the papers and documentse onnce tedWiththe application: and also to statewhat effect it will haveupon the agricultural interest to reissue said flute!“ and have the same relate back and cover the essential iin provements madesince thoyciir 1851 and also further to com.muniento what further legislation is necessary to protect the interestsof the public in regard to such reissuesof patents.
Mr. JENCKES. I object to the resolution.
Mr. WASHBURNE, of Illinois. It is a matter which strikes at the interest of every agriculturist of the country. It is only for information.
Mr. JENCKES. I do not object to its intro duction for reference to the ComPatents.
Mr. WASHBURNE, of Illinois. I desire to get the information for reference to the ComPatents.
Mr. JENCKES. It should come {from the committee. REIMBURSEMENT DOWESTVIRGINIA. On motion of
Mr. HUBBARD, of WestVirginia, Senate bill No. 230, to reimburse the State of WestVirginia for moneys expended for the U.S. in enrolling, equipping, and paying military forcestoaidin suppressing the rebellion, was taken from the peakers table, read a 1st and 2nd time, and referred to the comClaims.
Mr. WASHBURNE, of Illinois. mtRtv just taken; on the table. Agreed to.
Mr. HUBBARD, of WestVirginia, also presented JtResolutions of the legislature of WestVirginia on the same subject; which were referred to the ComClaims, and ordered to be printed. MEMPHIS RIOT.
Mr. BOUTWELL asked to be excused from service on the select committee on the Momphis riot., It was ordered accordingly. Posr OFFICE APPROPRIATION mun.
Mr. KASSON, from the ComAppropriat, reported back Senate amendments to House bill No. 280, making riations for the service of the Post a8pdri0ce Dept during the fiscal year ending June 30 1867, and for other purposes. liirst amendment: Insert at the end of the 1st section of the bill the followin: To enable thoSnperintendont of the Naval Obser vatory to carry out the object of Senate resolution of lllnrch 19.1866.for report of Isthmus routes to the Pacific ocean. 81.
Mr. KASSON. The committee recommend ceiicurrence. The amendment was concurred in. 2nd amendment:.Btrikeout the followinsmoids: " To take effectso soon asBrosil shall;linvo performed the conditiouon her part provided in the law authorizing said servicei” so it Will re. Sac. 2. Abife:.That the following sums or so much thereof as may be necessary.be. und thosomeare hereby. appropriated for the year ending June 30, 1867o. but of on moneyin the Treasury not otherwuio appropriate.
Mr. KASSON. The committee recommend concurrence. The amendment was concurred in. 3rd amendment: Add the words just stricken out. so that the para graph wull read: For the mail steamship servicebetween the U.S and Brazil. $150111)P:rovided. That this appropriation shall take eifectonly when Brazil shall have performed the condition on her part provided in the law authorizing said service.
Mr. KASSON. The committee recommend concurrence. The amendment was concurred in. 4th amendment: Add: Sec. 4. Abife: That the PostMGenl be and is hereby. required to report to the SecyTreasury annually prior to the 1stdayof November of each year.his estimate of the money required for the service of the Post Ofics Dept lor the ensuing fiscal year: which estimate shall be reported toCongresswith the printed estimates of a pronations required by the jtResolution of t c7 ofJanuary. 1846.
Mr. KASSON. The cummittee recommend concurrence. The amendment was concurred in. 5th amendment: Add: SEC. 5. Abife:, That the balance of the appropriation of SlQODOO under the 13th sectionof an act to establish a postal moncymrder system. upgroved May 17.1864, which may remain unexpende at the closeof the present fiscal year. may be usedas far as necessary to supply deficiencies in the proceeds of the moneyordersystem lIlUIDI the fiscal year commencingJuly 11.
Mr. KASSON. The committee recommend concurrence. I The amendment was concurred in. 6th amendment: Add: 850. 6. {Ind Abife:.That all adver tising noticesfor proposalsfor contractsfor the postoffice De urtiuoiit and all ailvertisiii notices for proposals oreontructsforthellxccutive cpurtiiients of the Governiiient Icquiredby law to be published in the city of Wn shiii gtons.hall be hereafter adver tised by p bliention in 2 daily new spaers in the cityiof Vasington having the largest circulation iand to no others: Provided. that the charges for such publications shall not be higher than what is nid by individuals for advertising in such papers: proofded also. The publications shall be made in each of said papersequally as to fre uency: and that the circulation of such papers shal be determined upon the 10thday ofJune annually and t he publishersof allpaperse ompeting for such adverbsing shall lnrnish a sworn statement of their bandfide paid circulation of eachregular issue for the preceding 3 months: and shall in like mannercertify under oath that such circulation has not. during the sa 3 months. been increased by any gratuitous o reulntion. by ii. reduction in price below the ordinary and usual price of suo papers or by another means.for the purpose of obtaining the o cial ndVertising: Provided. hat the charge for such advertising s hall not be greater than is paid for thesamepublications in other cities or at a higher rate than is paid by indiViduals for like advertising.
Mr. KASSON. The committee recommend concurrence in this amendment. There are one or 2 repetitions in it, but it is not worth while to send it back to the Senate.
Skip Skip The amendment was concurred in. Mr. KASSON mtRtv the amendments were concurred in; on the table. Agreed to. BREVET PROMOTIONS IN THE ARMY.
Mr. SCHENCK, by unanimous consent, introduced the folllowing resolution; which was read, considered, and agreed to: Resolved.That the SecyWar he directedto communicate to this House.at nse arly a do as prac ticable. a statement of every promotion by provet of officersin the regular Army mo desince the 12 thday of April 1861 and that he indicate, in the list furnished. the absolute or hill rank in the line or staff of each offioer so broyettpd.the date of his brevet appointment or nomination. the time from whiah such brevet rank takes etfect whether the appointment or nomination has been confirmed by the Benate and if so at what date: specifying and setting forth a1so in mucosa thermionic:.sallant sotion " or the exact kind of “meritorious conduct“ or service, and in what am of the service or Dept rendered for which such brevet promotion was conferred. Whether the gamebe mentioned pr described in the letter of appointment or cominission or not. PENSION AGENTS.
Mr. TAYLOR, by unanimous consent, submitted the followin resolution; which was read, considered, an agreed to: Whereasit is the practice of U.S. pension agents to deduct from the pensions of widows orphans and decrepit soldiers, wherever they law their pensions.the sum of 40 or 50 cents under itnhge poruettepnesnestihoant iatpiseras.fee allowed by law for mak the cause of mnc complwaihnitc:h practice has become Resolved. That the erefore. be it be, and are hereby. ComInvalidPens expediency and propirniesttyruocftesdo taomine qnudiirnegoinrtmo otdhie afysing the present pension laws. if that be necessary. Wlll require pension, agents to pay full pensionsto thosewho are or maybe entitled to receive them and to renort bv bill or otherwme. ComrPubBldg.
The SPEAKER laid before the House a communication from the ComrPubBldg and Grounds in reply to a resolution of the House of the 10th instant in regard to clerks employed, their former occupation, &c.; which was laid on the table, and ordered to be printed. APPOINTMENTS TO THE MILITARY ACADEMY.
Mr. SCHENCK, from the ComMilAffrs, to which was referred House Jomt resolution No. 134, relative to a mat.ments to the Military Academy of the U.S., With leave to report at any time, reported back the same With an amendment in the nature of a substitute, as follows: That the age for the admission of cadets to the U.S. Military Academy shall hereafter be between 17 and 22 years but any person who has served honorally and faithfully not cssthan oneyear asan officeror enlisted man in the Army of the U.S. either as avolunteer or in the regular service, in the late war for the suppression of rehcllion, and who possesses the other aqpupaloifiinctamtieonntsup prescribed by law shall be eligible to to the ageof 24 years. adbei! further resolved, thut cadetsat the Mill tary Academyshall hereafterbe appointed oneyear in advanceo the time of their admission except in caseswhere by reasonof death or other causea vacancy occprswhich cannot be thus provided for by such appointmentin advance;butno payor allowance shall be made to any such appointee until heshall be regularly admittedon examination as now provided by law; nor shall this proVision apply to appointmentsto be madein the present year; and in addition to the requirements necessaryfor admission.as provided by the 3rd section of the not making urther provision for the corps of engineers, approved April 2?.1812c.andidates shall be required to have a knowledge of the elements of English gram mar, of descriptive rileo raphy. particularly of our own country and of the history of the U.S.
Mr. THAYER. I would like to ask the Gentfrom Ohio 0.question. By what time, in the ordinary course of human events, does he think a am: who enters the Military Academy at the age of 24 years can be made captain I
Mr. SCHENCK. That would depend very much upon whether we continued in a state of peace or became again involved in war.
Mr. THAYER. I think that about the time he is ready to be appointed captain he would be in a condition to go upon the retired list.
Mr. SCHENCK. The House will understand that the provision to which the Gentfrom Pennsylvania [Mr. Tnarssfi now directs attention is simply this: we propose to extend the age at which a person may enter the Military Academy to 17 ears instead of 16 ears, as it now is. That has been recommened by more than one board of via itors, in consequence of the fact that the young men are foun not to be able physically to endure the hardship of the service at WestPoint at the age O 16 years and we propose to make it 17 years, and then put a year on the other end, making the maximum age at which they can enter 22 years instead of 21 years and the committee further propose that in the cases of those who have served faithfully for one year in the last war, either in the vol a uteuservice or in the regular Army, shall 1th. benefit of 2 years, in consideration of M service, in entering the Academy at WestPoint. Of course, this provision will exhaust itself in the course of the next 3 or 4 years, for there will then be no candidates to which it can apply. The committee thought it but properthat this should be held out as a sort of bonus or compensation to these young men for that portion of their time which has been cut out of their lives, as it were; that there should be added to the time when they can enter the Military Academy the term of 2 years, so they may have the opportunity of obtainin the benet of a further military education, if they can get the appointment, in addition to the practical military education they have obtained in the field. It does not amount to much; but. it is something.
Mr. THAYER. I would vote cheerfully for anything that would benefit the class of officers to whom the chairman of the Military Committee [Mr. SCHENCK] has referred; but it seems to me to be a very equivocal kind of benefit to propose that a gentleman of the age of 24 ears shall be allowed to enter the Military Aca emy, for by the time he graduates and is eligible to appointment as a brevet 2nd lieutenant he will be 28 years of age.
Mr. SCHENCK. The gentleman may perhaps not be aware that in hlling the 564 vacancies in the dos of 1st and 2nd lieutenants of the regu ar Army, it is found that the candidates for those positions include not merely those who have served in the late war as lieutenants, but many captains and field Officers, and even some who have attained the rank of brigadier general in the volunteer service. It is found that men who have obtained some experience of military life during the war, and have acquired some prac tical knowledge of the service. desire to continue in the service, even in instances where they have become brigadier generals. In almost numberless cases, where they have become field officers, the are willing to be turned back and enter teservice again as 2nd lieutenants. Now, if that can be taken as a sample of what may be expected, there will be found man young men whose devotion to civil pursuits has been interrupted by the war, who will be glad to enter WestPoint even up to the age of 24 years, if vacancies shall occur in the districts in which they reside and they can secure the appointments. I now call the previous question.
Skip Skip The previous question was 2nded and the main question was ordered; and under the operation thereof the substitute was agreed to. The JtResolution, as amended, was then ordere to be engrossed and read a 3rd time and being engrossed, it was accordingly read the 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. Agreed to. RECONSTRUCTION.
Mr. MORRILL. I now call for the regular order of business.
The SPEAKER. The 1st business in or der is House bill No. 543, to provide for restorin to the States lately in insurrection their fu 1 political rights, which was reported from the ComReconstruction, and made the special order for Wednesda last, after the reading of the Journal, an now reached for the 1st time.
Mr. STEVENS. I learn that the Senate will not probably proceed to the consideration of the Jtresolution proposin an amendment to the Constitution of the U.S., which we have sent to them, until this day week. It will therefore be very awkward to proceed to the consideration of this bill until the Senate shall have acted one way or the other upon the JtResolution we have sent them, inas muc as this bill recites the proposed amendment to the Constitution of the U.S. as having been acted upon and submitted to the Legislatures of the several States. I therefore move to postpone the further consideration of this bill until aflaer the reading of the Journal until this day 2 weeks.
The SPEAKER. This bill could not come up next Monday immediately after the reading of the Journal, for the mornin hour of that day has been set apart especially for another measure.,
Mr. BINGHAM. Then say Tuesday next, after the readin of the Journal.
Mr. STEVENS. I must say that I do not understand what the Gentfrom Ohio [Mr. BINGHAM] means. Ithought it was understood that this bill should take the course I have in dicated, but it so happens that my friendfrom Ohio never agrees long to what he and the rest of the committee may agree to at any time upon anilparticular oint.
Mr. BINGHAM. I be the gentlemans pardon; I never understood any such thing.
Mr. STEVENS. I do not understand the force of the objection of the Gentfrom Ohio when he says that we ought to go on and pass this bill so that it maybe presented to the legislatures now in session. hese bills which have been reported from the JtComReconstruction are not to be presented to the Legislatures now in session or to any legislatures, whe the r now in session or not. It is only the proposed amendment to the Constitution of the U.S. which is to be submitted to the Legislatures of the several States for their action. Therefore, whether we proceed to pass this bill today or 2 weeks hence will not make a particle of difference in that respect. The gentleman is mistaken; a confusion of ideas has taken possession of his mind, generally so clear, when he supposes that it is necessary to proceed with the consideration of this bill now in order to enable the proposed amendment to the Constitution to be ratified by the State Legislatures. The moment the Senate hall pass the amendment, if they do pass it, it will be sent to the Legislatures of the various States for their action, whether we pass this bill or not, and before we have passed any bill.
Mr. BINGHAM. With all respect to my venerable friend, I must say that the “con fusion of ideas” is with himself. The remark I made was this, that if this bill be amended the Legislature of one of these insurrectionary States is now in session
Mr. STEVENS. The gentlemanmentioned several northern States.
Mr. BINGHAM. Imentioned the several northern States in regard to the other matter. In regard to the several northern States, if the bill is to pass as reported by the committee, it might become a matter of ver serious consideration with the Legislatureo anorthern State whether it should not before action upon the question look into the conditions of this bill and ascertain the will of Congress, to wit, that thise constitutionalamendmentmust1stbecome a part of the Constitution of the U.S. before on State lately in insurrection, by adopting it an conforming its own constitution and laws to it, can be restored to representation in Congress. That becomes a very serious matter in this respect, if we want speedy restoration of these States. If this bill is to pass as it came from the committee and without amendment, it will, I submit to the House, be necessary that the Legislatures of all the northern States, except those whose Legislatures maybe in session, shall be convene as soon as practicable for the purpose of ratifying this amendment and laying the foundation, according to the very terms of your bill, for the restoration of the late insurrectionary States. As the mens ures stand before the House, if they are not changed in one line or word, they are to be taken as an entirety, and the whole people of this country, therefore, have a direct interest in the final action of Congress upon them, and ought to know our final action before being called upon to act upon them. If the measures be finally passed as they now stand, the constitutional amendment must be 1st ratified by the northern States or 3/4ths of the States now represented in Congress before any of the insurrectionary States may ratify it, reorganize their government, and be admitted to representation. Upon that state of the case, I am sure gentlemen who desire the speedy restoration of those States cannot favor any unnecessary postponement of this bill.
Mr. WILSON, of Town. I trust that the Gentfrom Pennsylvania [ML STEVENS] will consent that the postponement shall be until after the expiration of) the morning hour on the day named. Let us have the morning hour for reports of committees.
Mr. SCHENCK. With the permission of the Gentfrom Pennsylvania, I would make afurther inquiry, not merely as to the propriety of having this special order come up after the morning hour so as to save the current business of the House. but as to the necessity of postponing at all House bill No. 544, declaring certain persons ineligible to office under the Government of the U.S. All the reasons assigned by the Gentfrom Pennsylvania [Mr. Srnvsss] apply to that bill. A part of the scheme reported by the ComReconstruction is the House bill No. 544, declaring certain persons ineligible to office under the Government of the U.S. It seems to me as a part of the scheme of reconstruction it should be taken up and postponed with the other bill. Thus we will so far indicate to the Senate and the country what we are ready and prepared to do in reference to one item in this account rendered from the ComReconstruction.
Mr. STEVENS. I have not spoken of that bill because I believe it comes up tomorrow.
The SPEAKER. The Chair will state if this bill be postponed the other bill will come up immediatel.
Mr. STEVENS. I am only speaking of the one now before the House. I agree to the suggestion of the chairman of the ComJudiciary that this bill shall be post poned until after the morning hour.
The SPEAKER. That will at it behind House bill No. 450, to reduce an establish the say of officers, and to regulate the pay of soldiers of the Army of the U.S.
Mr. STEVENS. Then I will let it stand as it is.
Mr. WILSON, of Iowa. I an gest to the chairman of the ComMilAffrs that, by unanimous consent, that bill shall follow afler the morning hour. It will lose nothing" by it.
Mr. SCHENCK. Although we are prepared and disposed to go on with that bill, I am willing it shall come in after the bills on reconstruction, unless it shall come up in regular order before. This I do with the understanding it will induce the gentleman to save the mornin hour to the current business.
Skip Skip Mr. INGHAM. I move that the bill be postponed for one week, to come up after the morning hour; and on that motion I demand the yeas&nays. The yeas&nays were ordered. The question was taken, and it was decided in the ne ative yeas 66, nays 73, not voting 65; So the motion was disagreed to. The question then recurred on the motion to postpone for 2 weeks, after the morning our. The motion was agreed to. INELIGIBILITY of REBELS.
The SPEAKER stated the next business in order to be a bill “H.R.No. 544) declaring certain persons inel ible to office under the Government of the U.S.
Mr. STEVENS. I move that be postponed to the day following the bill just disposed of.
The SPEAKER. To a limited extent, but not as to the merits of the whole question.
Mr. CONKLING. Mr. Speaker, Iagree, for ouc, entirely with what the Gentfrom Iowa [Mr. PillCl 11ll88said, and with what was said by the Gentfrom Ohio, [Mr. BINGHAM;] and I think it would be a great mistake to suppose that on the part of the committee there is any intention or desire whatever to postpone the consideration of this questiou; that is, to postpone it in the sense which has been suggested. Now, I understand that it is a mere practical question of wisdom in conducting legisla vtion, whether we had better take up these bills before the Senate has acted, blind as we must be, of course, as to the particular action the Senate will take and act upon them finally, or whether we shall wait and see whether the action of the Senate upon the proposed constitutional amendment renders it. desirable for us to amend or in any way change these bills. That is the whole question as I understand it. The purpose of the chairman of the committee is to bring about at the earliest possible day final action upon this bill; that is to say at the earliest day when it can be safely and understandingly taken. Undoubted y, sir, we ought to havea policy. Undoubtedly we ought to show whatwea l feel, IlrCongress ".0 act at once upon this ues Iwlli, and I beg to assure the Gentfrom Iowa, l[Mr. Pmen] and I am certain I can speak or the whole committee that they have every wish to car this bill through at once, withoutvdelay; an the only difference between the Gentfrom Iowa and the chairman of the committee is as to the best mode of reaching passed the same result.
Mr. HIGBY. I would liketo ask the Gentleman a question, and “that is, whether the action of Congress upon this bill as proposed will depend upon the results of the action upon the proposed constitutional amendment in the Senate, or whether we cannot act upon this as an independent question, without reference to the JtResolution to amend the Constitution?
Mr. CONKLING. I answer the Gentfrom Culifornia [Mr. Elton] that whether We can or cannot is entirely accidental. Suppose the Senate should make some amendment to "the JtResolution we have sent them, which amendment would render it necessa to modif one or both of these bills, even the bill of which i he now speaks, the bill declaring certainpersons ineligible to office under the Government of the U.S. vSu pose, for example, that the Senate shouldstrie out the flaird section of the proposed amendment of the Constitution, or should so modify it as to embrace only certain limited clauses, and the Gentfrom California or any other member of this House should want to enlarge somewhat. the 500 e of this bill, be will see at once that it will be very necessary to have it before us still subject to modification.
Mr. HIGBY. Supposethe proposed amendment to the Constitution does not pass the senate; would there be any objection to both branches of Congress acting upontbis bill and passing?it
Mr. CONKLING. If the Gentfrom California [Mr. HIGBY1WISHGS to inquire of me, forl have no right to speak for anybody else, whetherwith or without the proposed constitutional amendment I should be in favor of this disability bill, I will answer him that I should. I say that, constitutional amendment or no constitutional amendment, 1 am Opposed to the ring leaders of this revolt ever being allowed again to hold any offices of emolument or trust under the Government of the U.S. I a ree withthe Gentfrom California that at measure is just as strong if the constitutional amendment shall fail in the Senate or before the Legislatures of the several States as it wouldbe if the amendment should ass. p But I submit tohim, and I am sure he will agree with me, that it is far safer forthis House to have before it both of those measures, so as to adapt them as perfectly as they may be adapted to the action of the Senate, than it would be to go on blindly now and pass either of them before we know certainly what will be the result of the action of the Senate upon the proposed amendment and now, unless it will cut off some gentleman who desires to speak, I will demand the previous gestion upon the motion to postpone.
Mr. BINGHAM. Will the ntleman with draw fora moment his demanddbr the previous question?
Mr. BINGHAM. I have felt desirous, because I supposed it was the wish of the House, that we might bepermittedto proceed with the consideration of the revenue bill until they shall have completed it, which I suppose would be by Tuesday next and therefore I have been disposed, with the consent of my friendfrom Iowa, [Mr. Pmcs] to move to postpone the further consideration of this hill, 0. 644, until after the reading of the Journal on Tues day next; believingthat the House in the inflerim can dispose of the pending revenue 1.
Mr. CONKLING. I will so est to my friendfrom Ohio [Mr. BINGHAM] that the result of his motion, if agreed to, would be to reverse the order in which this bill was reported to the House by the committee.
Mr. BINGHAM. I understand that. But you&nays. these bills are in no manner d endent upon or connected with each other. eIhe one now under consideration contains no recital of any rtion of either of the othes measures, and as no connection with either of them.
Mr. CONKLING. As the Gentfrom Pennsylvania [Mr. Srsvr ms] made the motion to postpone the further consideration of this bill I prefer that he take the floor upon it.
Mr. STEVENS. The House can postpone it or consider it now.
Mr. BINGHAM. I have no objection to considering it now.
Mr. MORRILL. I hope it will not be considered now. I resume that the members of the House woult refer to go on and finish the internalrevenue ill. I am anxious that the morning hon r shall commence, that we may have some work done upon the special order, the revenue bill.
Mr. STEVENS. I now call the previous question on my motion to postpone the further consideration of this bill till 2 weeks from tomorrow after the momin hour. If the House prefers to go on with the bill now they can vote down the motion to postpone.
Skip Skip The previous question was 2nded and the main question ordered. The motion of Mr. STEVENS to postpone was agreed to; there being a cs 62, noes 37. Mr. PRICE called for the you&nays. The ess and nnys were not ordered. Mr. IXRICE called for tellers on ordering the Tellers were not ordered.
Mr. PRICE. I see that gentlemen are afraid to go on the record. PURCHASES OF PUBLIC LANDS.
Mr. STEVENS. I move to reconsider the vote by which Senate bill No. 203, entitled “An act. to enable the NewYork and Montana Iron Mining and Manufacturing Company to purchase a certain amount of the public lands not now in the market, ” was referred to the ComPubLands. 4
The SPEAKER. That motion will be entered. AMERICAN common COMPANY. 1I“, Mr. ASHLEY, of Ohio. I move to reconsider the vote by which the bill introduced by me this morning, to incorporate the American Cotton Company of the DistCol, was referred to the ComDistCol.
The SPEAKER. The motion will be entered. AMENDMENT OF TERRITORIAL ACTS.
The SPEAKER announced, as the unlinished business of the morning hour, House bill 508, to amend the organic acts of the Territo rios of Nebraska, Colorado, Dakota, Montana, Washington, Idaho, Arizona, Utah, and NewMexico.
Mr. KASSON. I desire to suggest an amendment to the chairman of the committee. The last proviso of the 3rd section reads as follows: Am! moided further, That such reorganization shall be within oneyenrfrom the date of the adjourn ment of the 1st Legislative Assemblyin eachof the aforesaid Territories after the passageof this act. In order that this maynot nullify existin cerporations, the words “ of this act” should be stricken out, and the words “by such Aeeemb y of the act herein required” should be.inse ed. We cannot, of course, compel the Legislative Assemblyto passthose generallaws; an if it should neglect to pass thein, this section. as now worded, would) actually terminate the legal existence of those corporations, not by their fault, but by the fault of the Legislature.
Mr. ASHLEY, ofOhio. Iaeeeptthe amendment which the gentlemen suggests.
Mr. KASSON. Let me suggest further that at the end of the 4th section the words “ are authorized and reired to pass” should be stricken out, and the words “shall enact as required bv this act" should be substituted.
Mr. ASHLEY, of Ohio. Iaeeeptthe amendment which the gentleman suggests.
Mr. LEBLONgD. Idesire to move an amend.ment to strike out the 9th section. I [Mr. ASHLEY, of Ohio. After the bill in mg G perfected I will yield to the gentlemen that he may make that motion. I now yield to the Gentfrom Washington Territory, [Mr. Unirm. Mr. DENNY. I desire to move to amend the substitute by addingthe following as anew section:, Abife: That where the secretary of any Territory has heretofore performed or here eftereboll be required to rrform. the duties of net governor by reason of the absencefrom the territory of the Governor or during a vacancy in said officoe did secretary shall be entitled to rcooive. for the oetunltime during which thesoid duties of governor devolve upon him h law and areactually performed by him. usum sufficient to make hiasnlary equal to the salary of the Governor.
Mr. ASHLEY, of Ohio. I accept that. I will yield to my colle no to move his amendment, and then I ml demand the previous question.
Mr. LEBLOND. rimoveto strike out the nintlisection, as follows: SEC. 9. Abife:, That within the Territories aforesaidthere shall be no denial of the elective franchise to citincut of the U.S. becauseof raceorcolor and all personsehnllbeequal before the law and nil netsor parts of acts.either of Congressor theLegislative Assembliesof the territories nforesnid.inconsistentwith the provisions of this act.arehereby declared null and void. Perhaps the last sentence should be lett in, far it may havereference to other laws.
Mr. ASHLEY, ofOhio. No, there isn General reealing clause.
Mr. LEBLOND. Then I embrace the whole section.
Mr. ASHLEY, of Ohio. Idemand the previous question.
Mr. SPALDING. If that be stricken out I will vote against the bill.
Mr. DAVIS. I desire to cull the attention of the chairman of the ComTerritor to the language of the 3rd section. I think he will find it is more general than desirable. It provides as follows: SEC. 3. Abife:.That the Legislative Assembliesof each of the Territories aforesaid shall gittheirfiratse seiun afterthepnseageof this oct. Efflse llbfl bylow thoniannerin which allcorporntions cretoforc authorized by acts of said TerritorinlLe is lotures shrill reorganize under general laws: provided.That.nll corporationsor associations now duly organized in pursuanceof law and enungedin legitimate busincesr shall have precedence of any proposed new association.in reorganizing under such general netsofinenrporution asmay bepassed: and provided further. That such reorganization shall be within one our from the date of the adjournment of the 1st egislntive Assemblyin eachof the aforesaid Territo ries after the passage of this not. There may be special corporations for reli gious and benevolent purposes. These are not usually the subject of general laws. I move to insert after the word “corporation” where it 1st occurs these words, “ except for benevo lent purposes.”
Mr. ASHLEY, of Ohio. In my State, lit erary, religious, and benevolent cororations are organized under general law. but I am willing to accept the amendment.
Mr. SPALDING. Does the bill provide there shall be no more corporations granted other than those now in existence?
Mr. ASHLEY, of Ohio. The bill allows the Legislative Assemblies to pass general laws like those of Ohio and NewYork in reference to corporations.
Mr. STROUSE. Mr. Speaker, the chair men of the committee will allow me to say a word. Inever saw this substitute in the committee room, and I am quite sure several members of the committee have not seen it. A proposition to change the organic acts of all the Territories is e. new thing to me. Yet I have failed but once to attend the meetings of the committee. I know nothing of the substitute except what I have heard here. I ask, therefore, that the chairman wdl not press through so hurriedly a bill to change the fundamental laws of all the Territories. I do not know what. has been stricken out from the original bill or what remains. There are objectionable features in the bill which ought tobe understood before they are adopted. l We ought not to ask the House this hastily to considerthem. I say this in no unkinducss to the chairman. It is a matter of duty to the House. “" Now, sir, I do not know that 0.single Dele ante from the Territories has asked for this. e have no memorial from the pee yle for any such purpose. Yet, sir, Weare cake to change their organic nets, and to impose lows upon the Territories which we cannot impose upon the States. We propose to impose upon the people of the Territories what they do not ask for, so for us I know. Why is this? We are here to say there shall be no distinction on account of race or color in reference to the elective franchise in the Territories. Why not make it general throughout the U.S., in the States eswell as the Territories? Why confine it to the brave men who have gone out to explore and open up the wilderness, when they do not ask for it? Mr. Speaker, it ought to be thoroughly investigated, and not passed hurriedly as though it were only for the construction of a bridge across the Potomac.
Mr. HOOPER, of Utah. Will the gentleman yield for an amendment?
Mr. ASHLEY.“ Ohio. I cannot yield for the gentlemen to other an amendment of the character he indicates. Mr. HOOPER, of Utah. I went to offer it and to give m reason for it.
Mr. ASHL Y, of Ohio. I was somewhat surprised to hear my colleague say that he was not present when this bill, No. 508, was or dered to be reported. The substitute I did not claimto be authorized to report by the committee. Most of the members were absent, and after consultation with some gentlemen, l offered on my own responsibility the substitute, which consists simply in striking out one section and 5 lines of another. I found in my journey over the Territories last year that a bill of this kind was necessary. The majority of the legislation in the new Territories consists simply in shinglin them over with special corporations in which, in the main, the officers of the Territories are personally interested.
Mr. WRIGHT. Will the gentlemnn allow me to ask whether this special legislation of which he speaks is in character like the gift enterprises we have been carrying out here?
Mr. ASHLEY, of Ohio. Some of it is. I desire to have the same lows applied to those Territories which we have in some of the old States, such as NewYork, Ohio, and Illinois, where, after experience, asystem of incorporation has been introduced compelling all asso ciations to carry on business under a general law.
Mr. HARDING, of Illinois. I would ask the gentleman whether he proposes to depart from the precedents of legislation in reference to the Territories that have prevailed in the est. p
Mr. HARDING, of Illinois. You propose to legislateinreference to their Delegates, t icir bridges their canals, their mills, their corporetions, their schools, their churches, and every thing else. You propose to legislate in reference to their domestic matters. Now, why not leave them to the control of the laws of the U.S., as administered by theSupreme Court, and let them manage their own offuirs, subordinate to the general laws of the land, as they have done heretofore I If they burn their fingers, let them cure them. Why undertake to u ply this new system 1
Mr. ASHLEY, of Ohio. I want this bill to pass so as to secure the people against combinations in their Legislatures, the majority of whom being transient persons grunt special privileges to the few which obstruct the settlement of the country, hinder its prosperity, and are of no special interest to any, persons except those who get the charters. f mon Went to organize for legitimate purposes they can do so under a general law quite as effectively and certainly more honestly than a majority of them do under special acts of incor oration.
Mr. HARDHlv, of Illinois. on deny to the Legislature the power to give an exclusive right to the enjoyment, for instance, of water flowing across public lands in any case. I believe. Now, we had in the Territory ofIllinois a law which authorized a part to enter upon the public land adjoinin a am, he owning one side of a stream. “Thy not allow a man the right to build a dam across a stream and rest one end of it on Government land?
Mr. ASHLEY, of Ohio. There is nothing in this bill to prevent parties from organizing under the general law for every conceivable.busines ur ose.
Mr. ElgDlflDGE. The3rd section, it seems to me, provides for additional benefits and privileges to those corrations existing at the time of the passage of this act. It gives them ref erence to others. It seems to me. there ore, that the purpose of the bill is to give additional value to such corporations as have already organized or have procured acts of incorporation.
Mr. ELDRIDGE. Is there not something lying back of this bill of that sort?
Mr.ASHLEY, ofOhio. Notatall. My friendfrom Wisconsin [Mr. ELDBIDGE] is too good a lawyer not to know that a special act of incor poration is more valuable than an organization under a general law. Under a general act of incorporation the existing associations have a right to reorganize.
Mr. ELD IDGE. The gentlemans answer is quite satisfactory, excepting in this particular: the gentleman says that an organization is no more valuable under a specie act than under a general law
Mr. ASHLEY, of Ohio. I say that, as a rule, it is more valuable under a special act than under a general law.
Mr. ELDRIDGE. Whether that is so or not depends upon the powers granted. But here certainly is a provision that all corporations or associations now duly organized in pursuance of law shall have precedence of any proposed new associations.
Mr. ASHLEY, of Ohio. That corresponds precisely with the law we passed in regard to anks. When the national banking system was established, we provided that an existing banking association located in any city or village might organize and have precedence over a new association. The object is, in the 1st place, to guard existing vested rights; and in the next place, to encourage the organization of assoeiations under the general law.
Mr. ELDRIDGE. But does the bill limit the number of cororations that shall organize under the general aw?
Mr. AS ILEY, of Ohio. That matter is left to the discretion of the Legislature. I suppose that the Legislature would not limit the number.
Mr. ELDRIDGE. What advantage, then, can the existing corporations have over other corporations which may hereafter be organized, if this latter may be created without restriction as to number?
Mr. ASHLEY, of Ohio. It is to be left to the discretion of the Legislature whether the number shall be unrestricted. I now {lieldto my colleague, [Mr. Li: 81.0mm]
Mr. SPALDING. I desire to ask my colleague whether the majority of this House has not already made its record of this question by the vote on the bill regulating suffrage in the DistCol.
Mr. LEBLOND. That is very true. Ithank my friend for a suggestion. But what follows? A number of gentlemen on the other side of the House turn round and say that a handful of men on this side have forced them to vote against their real sentiments that they were in favor of a property or educational qualification for voters in this District. A large number of gentlemen claiming to constitute the conservative element upon the other side of the House say today that they were opposed to the suifrage bill in the shape in which it passed.
Mr. SPALDING. What was the action of the Democratic side of the House on that question?
Mr. LEBLOND. We were opposed to the whole thing. We voted against it. Our record is against granting suffrage to the colored race under any circumstances whatever by the congress of the U.S. The power is with the States.
Mr. SPALDING. If I recollect aright, the gentleman and his political associates voted with me to sustain the previous question.
Skip Skip Mr. ASHLEY, of Ohio, demanded the previous question. The previous question was 2nded and the main question ordered. Mr. WRIGHT demanded the yeas&nays on Mr. Li: BLoxns motion. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 36, nays 76, not voting 72; So the House refused to strike out the 9th section. The substitute was then agreed to. The bill. as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time. Mr. LEBLOND demanded the yeas&nays on the passage of the bill. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 79, nays 43, not voting 61; So the bill was passed. Mr. ASHLEY, of Ohio, mtRtv the bill was passed; upon the table. Agreed to. iinitviiis niors.
Mr. LEBLOND. Ifind it impossible for me to serve on the committee appointed to in Vestigate the Memphis riot. I ask, therefore, to be excused from service on the same. The gentleman was accordingly excused.
The SPEAKER subsequently announced that he had appointed Messrs. Baoonau and Saamtun to ii the vacancies upon the select committee to investigate the late.Iem his riot, which vacancies had been caused by the resig nation of Messrs. Bonrwau and Li: BLoivi).
Skip Skip MESSAGE FROM THE PRESIDENT. Several messages in writing from the POTUS were delivered to the House, by Mr. Enwann Coorsa, his Private Secretary; who also informed the House that the President had approved and signed bills of the following titles: An not (H. It. No. 238) to amend an act entitled “An act relating to habeascorpus, and regulating judicial proceedings in certain cases, " approved March 3, 1863; and An act (H.R.No. 852) to incorporate the National Theological Institution.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNFIY, its Secretary, announced that the Senate had passed House bill No. 563, to reulate the time and fix the place for holding the district court of the U.S. in the district of Virginia, and for other purposes, with an amendment; in which the concurrence of the House was requested. Also, Senate bill No. 318, to authorize the appointment of an additional Asst SecyNavy; in which the concurrence of the House was requested. ENROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled a bill and JtResolutions of the following titles; when the Speaker signed the same: An not (H.R.No. 397) to authorize the coinage of 5 cent ieces;JtResolution (. It. No. 66) relative to theicourts and post olhce of NewYork city; anJtResolution (S.R.No. 88) authorizing the SecyWar to grant the use of certain lumber for the fair for the Soldiers and Sailors Orphans Home. l TAX BILL.
Mr. MORRILL moved that the rules be suspended, 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 accordiafily resolved itself into the ComWhoIe on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an vact entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved une 30, 1864, and acts amendatory thereof. The pending question was on the motion of
Mr. CHANLER to insert before, the last proviso, on page 29, the following: and that the assessorof eachdistrict shall at stated periods make a full and accuratereport over his own signature.duly sworn to before a not public, of al articles seized and held by him as orfeited for violations of this act by any personor persons, that such report shall speci y the namesof the ownersof the articles so seized.togetheryith the value of the same, and the particular sectionor sectionsof this act violated by such personor persons, whereby the said articles were forfeited to t a Government: and such reports shall beaddressedto the chief of the bu reau of ntornal Revenue on the lat of every month.
Mr. MORRILL. I believe this proposition was voted down yesterday, only there was not quite a quorum present. The amendment was disagreed to.
Mr. DAVIS. It does not mean that. It means that where the collector shall a ee in writing with the creditor that the sale shall be postponed for any time within 30 days, and shal not postpone it in accordance with the agreement, but shall sell the property before the time agreed upon, the collector shall be held resonsible or the damage which the party suffers. Mr. BOUTWELL. I object to holding out any inducement to a public officer to make private agreements. As the law will stand if this bill passes, collectors are obliged to give public notice of the time and place of sale. Vhen the time arrives and the colector chooses to postpone the sale for considerations which she I be satisfactory to him, he may do so for a period not exceeding 30 days. I object to the proposition because it imlies that a public officer may give private ple ges to parties interested that such a proceeding shal not take place, he already having given public notice that the sale is to take place. It seems to me the prosed amendment implies an arran ement which it is not proper for a public o cer to make. As itnow stands whatever he does he is bound by and must do in the face and before the eyes of the public, and any subarrangement which he may es ought not to be tolerated by the law.
Mr. DAVIS. I move, pmformii, to strike out the last word, “thereof.H The very object I had in view in proposing this amendment is to prevent any agreement by way of collusion between the Officers and anybody else and let me say to the gentleman that the notice which is spoken of as being required to be published in the papers is a notice published in the district where the officer resides or where the property is lo cated. The case to which I referred was one where it was advertised in Pennsylvania, and the creditor residing in NewYork heard by accident of the advertisement of the sale of the property and sought to protect himself. On going to the collector the collector agreed to a postponement, as he had a right to do under the law and as he was bound to do in consideration of the position of the creditor and if he had given public notice of the sale as the law required him to do, stating the day to which the postponement was made, all would have been right. But as a public officer, bound to protect as far as his duty would prompt him the interest of the creditor, he proceeds to make the sale on the da oriinally advertised, and thus by fraud an colIusion with somebody violates the agreement upon which the creditor had relied.
Mr. HUBBARD, of Connecticut. I would ask the gentleman whether a public oficer who has acted thus fraudulently or wrongfully is not liable by an action at common law.
Mr. DAVIS. There is no provision in this act for it.
Mr. HUBBARD, of Connecticut. But would he not be liable under the common law?
Mr. DAVIS. I do not wish to see a man who is liable to conviction or indictment under the common law holding the responsible office of collector under the Government of the U.S. I can see no objection whatever to this amendment. The amendment was not agreed to.
Mr. BENJAMIN. I propose to amend in line 490 by inserting after the word “ distraint” the words “and sale, if belonging to the head of a family 5" so that it shall rea: if Tbhealotntghienre shall be exempt from distraint and sale. to the headof a family. the school books and oppose necessaryfor it finally.
Mr. MORRILL. I have no objection to I (It.; The amendment was agreed to.
Mr. EG.GLESTON., I move/to amend the exemption clause byinserti g alter the word “cow, ” in line, 492, the words “twohogs.” I think that, in providing forthis excmtion.of certain things, the pig should go with the cow. This corresponds with the law almost lull the States in reference to exemption from execution. The amendment was agreed to.
Mr. MORRILL. I move to amend as fol Jaws: Uu pa c25.before the word "demand." ip. line 384. insert the words “give notice and " Uniiesainepage. before the twlord "demand." In line 190. insert the words lnthe sameline strike out the word“ therefor." ll 5triko aut the woi rl "chattels" in lines 398 and 400. So that the clause Will read: and with respectto all such dutlQN LXS IS are not included in the annual lists aforesaid and all taxes and duties the collection ofwhich is not other WHOprovided for in this act, it shall be the duty of each collector. in personor byidepul. to give notice and demand payment. thereof. in tic manner last mentioned.Within ten days from and after receiving the list thereof from the assessor or within 20 days from and after the expiration of the time within litheh such duty or tax should have been paid: Ill] d ifthe annual or other duties hall not bepaid with a ten days from and after one notice and demand. it shall be lanli l for such collector or his deputies. to proccedtog%.ad itiloencat l the esreatido. danst aiforesaid. ebsy.dwisitthratient and sale of the goods.chattels, or effects. including stocks. securities and evidences of debt.of the per{mmilclinqueut as aforesaid and in caseofdistraint, it shall be the duty of the officer chargedwith the collection to make or causeto be made.an account of the goods or effects distrained. a copy of which. signed y the officer making such distraint, shall be left with the owner erpossess or of suoh goodsoreffects. O Writahtshoismoerpheersrodnweliig or usual (placeof business, of suitable agoan discretion. if any sin hcanlie found.with a note of thesumdemanded and the time and placeof snle. The amendment was agreed to.
Mr. HOLMES. It will be seen that While this, section provides for serving notice of the sale, there is no provision for any fixed time intervening between th service of the notice and the day of sale. t will be found that there is a provisionfor the publication and posting of the notice not less than ten nor more than 20 days. It appears to me that the same provision shonldybe extended to the personal service of the notice. I move, therefore, to amend by inserting after the word "notification" in line 414, on page 26, the following words: To the owner or possessorof the property and the publication and posting of such, provided. notice as herein So that the clause will read as follows: Which notice shall specify the articles distriiiued and the time and place for the sale thereof. which time shall not be has than ten norrnore than 20 days from thvdate of such notificationtq the owner or possessorof the property and the publication and posting of such notice as herein provided. &0. The amendment was agreed to.
Mr. WOODBRIDGE. I move to amend by insertinr after the word “ hogs, " in line 400, and 92, the words “ten sheep and the wool thereof."
Mr. MORRILL. I would like to inquire of my colleague how much ten sheep, such as he is in the habit of keeping, would probably be worth.
Mr. WOODBRIDGE. I do not know precisely. I suppose something over 3 or our dollars a hea. It seems to me that this is a very properamendment.
Mr. MILLER. I move to amend the amend m“ent by striking out “ ten ” and inserting live.” The amendment to the amendment was agreed to. Mr. SCHENCK. I move further to amend the amendment by adding the followingproviso: Provided. That the 11"819Iqt6market value of the sheepso exempted shaii not exceedtlftydollars.,Mr. WOQDBRIDGE. I;lie, velnp objQctmn to that. Y The amendment.to the amendment was (agreedto. Mr. NIBLACK. I move to amend the amendment so astoprovideJ in reference: to these sheep, that there shall be dine distinction of race or color." [Laughter.] the amendment to the aineudniqnt was not agreed to. The amendmentas amended was agreed to.
Mr. MORRILL. I imove to amend byjtriking out in the 439th line the word “interests” and inserting “interest.” The amendment was agreed to.
Mr. SPALDING. 191 to insert before the word “aiparel” the word “wearing, ” so that it Willi cad “ wearing apparel.” The amendment was agreed to.
Mr. MORRILL. I move the following amend ment s: " In line 507 strike out the words her or their;" in line 508 strike out the words “ sheor thoyz” and in line 511 “ her or their." The amendments were agreed to.
Mr. MORRILL. Imove in line 535 to strike out the word “ costs ” and to insert the word “charges;” in line 536, beforet eword “cases, ” insert the word “1111;” in line 538 strike out the word “the” and insert the words “fees and;" and in line 536 strike out the word “and” where it last occurs, and insert these words: “or where necessary expenses for making such necessary distraint or seizure have been in curred,and in case of sale.” The amendments were agreed to.
Mr. DAVIS. I movete insert in line 513, after the word hpplica equal to the taxes in arrear. should be left discretionary with the officers. I move in iine 4 hupftion, " these words: “and satisfactory proofs in support thereof." The amendment was agreed to.
Mr.THAYER. I wish to call the attention of the committee to the fact that the provision in line 519 makes it man datory on the revenue officers to buy the property in all cases where the amount bid is not 1 think that The Government might be compelled to buy an elephant.
Mr. THAYER. I move to strike out “shall” and insert “may.” The amendment was agreed to.
Mr. BENJAMIN. I propose to offers substitute for this entire paragraph and as it is an important and length substitute, in order that the Committee ofWeye and Means may have time to consider it, I would propose that this section be passed over for the present, by unanimous consent; and when the committee rises, I will ask leave to have my substitute printed.
Mr. MORRILL. I have no objection to passing from this paragraph before it is finally acted upon. But I have some amendments I desire to offer to it, in order to perfect it, before the question shall be taken upon the substitute of which the Gentfrom Missouri[Mr. Bus unis] ivss notice.
Mr. MORRILL. I move to strike out the word “ chattels, ” near the beginning of the paragraph. The amendment was agreed to.
Mr. MORRILL. In the sentence which now reads, “at the time and place a pointed, the officer making such seizure shall) proceed to sell the said estate at publicauction, offering the same at the minimum price, including the expense of making such levy, and all charges for advertising, and an officers fee of ten dollars, " I move to change the word “the” to the word “a, ” before the words “minimum price.” The amendment was agreed to.
Mr. MORRILL. After the words “ with interest thereon at the rate of 20%. perannum” I move to insert the following: and said collector shall forthwith depositthesame separately in the Treasury of the U.S. to be therealtor subject to like provision asprovided in the precedingsection of this act. The amendment was agreed to.
Mr. WRIGHT. I move to amend this portion of the paragraph by “ striking out the word 20, " and inserting the mini “ ten, " before the words “% or annum.” The amendment was agree to.
Mr. WASHBURN, of Indiana. Imove to amend the clause which now reads, “shall have the liberty to redeem the land sold iis aforesaid, within one car from and after re cording the said deed, ” by strikin out the words “one year" and inserting towords “two years, ” so as to make this provision accord with our tax laws in the West, which permit redemption within 2 years, instead of within one car only.
Mr. MORRILL. The Househasjustadopted an amendment to this sentence reducing the rate of interest to be paid when this property is redeemed from 20 w 10%. That amendment, I think, will of itself go far to prevent any property from being sold under this act, for nobody will want to purchase property under circumstances when it will very likely turn out no purchase atoll, and the proposition of the Gentfrom Indiana [Mr. WASHBURN1 is going still further in the same direction. One year is certainly long enough, as long as isgcuei ally allowed by States, for the redemption of such property and therefore I hope the amendment of the Gentfrom Indiana will not be adopted.
Mr. WASHBURN, of Indianai My expe rience goes to show that in all States where land becomes liable to sale for taxes, 2 years is little enough time to allow for its redemption. A tax sale is a very oppressive sale at. the best; whether 10%. interest. upon redemption is enough or not is another question. But the deed being given within 5 days of the sale, the allowing but one year for redemption cuts off almost all chance for redemption. I thinktwo years is little enough time, and I hope my amendment will be adopted.
Skip Skip The question was taken 5 and upon a division there were ayes 25, noes 33; no quorum voting. Tellers were ordered; and Mr. Wasnse us of Indiana, and Mr. GARFIELD were The Committee again divided; anagptohientbeedl.lers reported ayes 47, noes 48. So the amendment was rejected.
Mr. THAYER. In the clause which now reads, “if the amount bid shall be then and there paid, the officer shall give his receipt therefor, if re nested, and within 5 days thereafter he siall make out a deed of the estate so sold to the purchaser thereof and execute the same in hisofiicial capacity, ” &c., after the word “ execute” I move to insertthe words “ and acknowledge.” In a subsequent portion of this paragraph it is taken for granted that the deed is to be recorded. Ofcourse, in order to be recorded it must be acknowledged or proved in some manner. The effect of my amendment is to require the officer to acknowled e the deed as well as to execute it. he amendment was agreed to.
Mr. HOLMES. I move to amend this sea tence, near the commencement of this para graph, “and the said officer shall also cause a notification to the samceffect to be published in some newspaper, ” &c., by inserting before the word “cause” the words, “at least days prior to such sale.” As the paratgwreapnti now stands, no time is fixed within which this notification is to be published. The amendment was agreed to.
Mr. HOLMES. I move to strike out the words “shall also cause a like notice, ” in another portion of the same sentence which now reads “ and shall cause a like notice to be posted up at the postoffice nearest to the estate to be seized.” The amendment was agreed to.
Mr. BENJAMIN. I move to insert, near the commencement of the paragraph, after the words “authorized to collect the same by seizure and sale of real estate, ” the words “belon ng to the person owing the tax.”
Mr. TIORRILL. That amendment would interfere with the enforcement of the law in regard to distiller ies, which may now be seized and sold, whether the real estate belongs to the person owing the tax or not, if it is allowed to lie used for illegal purposes.
Mr. BENJAMHI. Then I will withdraw that amendment. I move to insert the words “in which the real estate to be sold is situate” after the sentence “ and the said officer shall also, at least 20 days prior to such sale, cause a not iffcation to the same effect to be published in some newspaperwithin the county where such seizure is made, if any such there be, and to he posted up at the postoffice nearest to the estate to be seized, and in 2 other public places within the county.” The amendment was agreed to.
Mr. BENJAMIN. I move to insert after the words “shall proceed to sell the real estate " the words “or so much thereof as may be necessary.” The amendment was agreed to.
Mr. HOLMES. Imovo to amend by insert/ing the words “including affidavits showin the due service, publication, and posting of the notice of sale, as herein provided, " before the words “ the amount of fees and excrises, ” in the sentence which now reads, “an it shall be the duty of every collector to keep a record of all sales of land made in his collection district, whether by himself or his deputies, in which shall be set forth the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed, and all proceedings in making said sale, the amount of fees and excases, the name of the purchaser, and the late of the deed; which record shpllube certified by the officer making the so.e. The amendment was agreed to.
Mr. DAVIS. I desire to move an amendment to the following sentence: “and in House the real estate so seized, as aforesaid, shall consist of several distinct tracts or parcels the officer making sale thereof shall offer each tract or parce for sale separately, and shall, if he deem it advisable, apportion the expenses charges, and fees aforesaid to such severa tracts or parcels, or to any of them, in estimating the minimum price aforesaid.” I move to insert after the words “distinct tracts or arcels” the words “or can be divided with benefit to the debtor or his creditors without detriment to the U.S. ”. I offer this amendment for the reason that according to the general terms of this bill it might be held that afarm conveyed to its present occupant under one title, although on able of subdivision, must all be sold by 519 O car; that the whole farm must. be sold unless it came from different parties, or was in distinctl marked tracts or parcels. The amendment propose will give the officer the discretionary power to sell only a portion of the farm, to be subdivided in such manner as might not injure the Government, and yet beatit the other parties interested in the estate.
Mr. HOOPER,of massachusetts. An amendment has already been adopted which I think accomplishes what the Gentfrom NewYork [Mr. Davrs] desires. The words, “or so much thereof as may be necessary, ” have been inserted after the words “shall proceed to sell the real estate.”
Mr. DAVIS. I offered my amendment to carry out the idea of the gentleman who offered that amendment. The bill now says that this real estate shall he sold, each tract or parcel separately, if it shall consist of several distinct tracts or parcels. But the amendment of the Gentfrom Missouri[Mr. Busaiuum] would not authorize the officer making the sale to go. on and subdivide an tract or parcel, and or that reason I have O "cred my amendment.
Mr. MORRILL. If the gentleman deems his amendment important, I would suggest to him to insert after the words “ shall offer each t“ract or parcel for sale separately, ” the words or any portion thereof.
Mr. DAVIS. I accept that in lieu of the amendment I have offered. The amendment. was agreed to.
Mr. LOAN. I move the amendment I send up to the Clerks desk to be read.
Mr. the excutionof a certificateof sale and the time the same was filed for record with the recorder.of land titles of the county in which the real estate is situate as appears by the reeorderse ertificate indorsed thereon and conveying to the grantee said real estate and said deedshall operateas aeon Veynnce to the grantee thereinall the right. title. estate and interest.in law or equity which the delin ililuent had in the premisesattho time the lien of the U.S. attachedto said estate, and said deed and all recitals therein shall beprime foeteevidence of the facts therein contained. Any surplus money arising from such saleshall bedisposedof asprovided in this act for like easesarising upon salesof personal property.
Mr. LOAN. Mr. Chairman, as this section now stands no properprovision is made for giving due notice of proceedings by recording these papers. The section does not provide in any we for securing the rights of 3rd parties. t seems to me judicious that the defeasible title should de end upon the cer tificate duly recorded witii the land titles of the prepercounty, and that if the party interested should fail to redeem the property sold within the time limited in the act, then the collector shall proceed to make a deed and convey the absolute title. That is the object which I think will be obtained by. the amendment. In; or no we jail!“: 4
Mr. MORRILL. Practically this section is perhaps of less importance than any other in the whole law. I am not aware that it has been required in a single instance thus far in the execution of the law throughout the whole U.S. I do not suppose that this section will be called into operation for 5 years to come. The committee have, therefore, proposed but few amendments and those chiefly verbal. Now, Mr. Chairman, I reeive there is a disposition to make this section entirely ineffect ual. If many more amendments should beingrafted upon it, I should be quite willing that the whole section should be stricken out. I hope. however. that no further amendment will be adopted unless the ComWays&Means on consideration should conclude to offer the substitute presented by the Gentfrom Missouri, [Mr. BENJAMIX] which seems to have been carefully prepared, and which will be printed. so that we may compare it with the section as it stands.
Mr. LOAN. I would suggest that the par agraph be passed over until that proposed substitute be printed, and then let this be acted on at the same time.
Mr. BENJAMIN. I think that my colleague will find that the substitute I propose covers the oint embraced in his amendment.
Mr. LOAN. Then 1 have no objection to a vote being taken on this proposition now. The amendment was not agreed to.
Mr. WRIGHT. I move to amend by inserting after the word “again, ” in line 584. the words “advertise and ” and inserting after the word “manner” in the next line the words “as liereinbefore provided;” so that the clause will read as follows: If the amount bid shall not bethen and therepaid. the officershall forthwith proceedto again advertise and sell said estate in the samemanner as herein beforeprovided.
Mr. MORRILL. I see no objection to that. The amendment was agreed to.
The Clerk read the next paragraph, as follows: That section 41 be amendedby strikind out all after the enacting clause and inserting in lieu thereof the following: that it shall be the duty of the collectors aforesaid or their deputies. in their respective districlF and they are hereby authorized to collect all [he dutiesand taxes imposed by this act. however the same may be designated and to rose cifte for the recoveryof any sum or sumswhic may beforfeited by virtue of this act; and all lines. pen alties and forli itures which may be incurred or imposed by virtue of this act shall be sued for and recovered.in the nameof the U.S. in any proper form or action or by any appropriatcform of proceeding.o intam or otherivise. eforeany circuit or district court of the U.S. for the district within which said fine. penalty or forfeiture may have beenincurred or before any othereourt of competentjuiisdiction and taxes or duties may be sued for and recovered in any proper form of action before any circuit or district court of the U.S. for the district within which the liability to such tax may have been or shall be incurred or where the party fromwhom such tax is due may resideat the time of the commencement of said action. But no such suit shall be commencedunless the ComrIntRev shall authorize or sanction the proceedings: Provided. That in caseof any suit for pen altiesor forfeitures brought uponinformation received from any person.other than ii collector. deputy collector assessor asst assessor or inspector of internalrevenue.the U.S shall not be subject to any costs of suit. nor shall the feesof any attorney or counselemployed by any such officer he allowed in the settlement of his account.unless the employment of such attorney or counselshall be authorized by the ComrIntRev either expressor by general regulations.
Mr. HOLMES. I move, on page 37, to strike out the following words: Provided. That in caseof any suit for penaltiesor forfeitures brought upon information received from any person.other than a collector. deputy collector assessor.axistant assessor or inspector of interna revenue.the U.S shall not be subject to any costsof suits.
Mr. MORRILL. I hope that motion will not prevail. The gentleman will see that it is provided the fees of any attorney or counsel employed by any such officer shall not be allowed in the settlement of his account. unless the employment of such attorney or counsel shall be authorized by the ComrIntRev, either express or by general regulations. he amendment was disagreed to.
Mr. ALLISON. I move to amend in line 690, so that it “ will read expressly or.” The amendment was agreed to.
Mr. WRIGHT. Provision is made as to the method in which suits shall be brought in the district and circuit courts. I move to insert these words: and in all such cases the defendant shall be enti tied to a trial byjury.
Mr. ALLISON. I do not know that I fully comprehend what the Gentfrom NewJersey proposes. If these cases are tobe tried by the courts undoubtedly either party may be entitled to a jury. If they are not to be tried by a court there is no tribunal to summon a jury. I do not think this amendment ought to be adopted. The amendment was rejected.
Mr. MORRILL. I move to strike out lines 699 and 700, as follows: Who shall have reasontob ieve that the some are possessed.had, or held for e purposeor design aforesaid. The amendment was agreed to.
Mr. MORRILL, I move to strike out the words “articles of” in line 702. The amendment was agreed to.
Mr. MORRILL. Imove to strike out the following words in lines 709, 710, and 711: On which taxes are imposed. as aforesaid and intended to be usedby them in the fraudulent mun ufacture of and to insert in lieu thereof the word “ or;" so that it shall read: and also all tools. implements. instruments. andersonalproperty whatsoever.la the placeor building or within any yard or inclosure wheresuch articles or such raw materials shall be found. may also be seized by any collector or deputy collector, as aforesaid. The amendment was agreed to.
Mr. MORRILL. I move to strike out in line 730 2, after the word “provided, ” the word “ however.” The amendment was agreed to.
Mr. MORRILL. I move to strike out after the word “commenced, ” in line 751, the following: Provided. That in casethe aforesaid bond shall be executedbefore recessis served upon the property. the marshal shat servenotice upon the bondsmen and the court sha.ll have jurisdiction of the matter the same as if process had been served upon the property so appraisedand returned as aforesaid and to insert in lieu thereof the following: Provided/ormer, That in case said bond shall be executed the property returned before seizure thereof by virtue of the processaforesaid.the marshal shal give notice of the pendencyof proceedings in court to the parties executingsaid bond by persons lservice or publication, and in mannerand form Iu!pothnehcaovuert inn direct and the court shall there Juriwhen of said matter and parties in l the samemanner asif such property had been seized by virtue of the processaforesaid.
Mr. GARFIELD. Almost every point the gentleman has made is against what is now the law. All the committee have done is torepeat it at great length with some limitations and restrictions. The amendment was agreed to.
The Clerk read the next 2 paragraphs, as follows: That sections 53. 54. 55. 56; 57. 59. BIXCYTIWO, 63, 64. 65. 66, 67. 68. 69 and 70 be, and the same are hereby. repealed. That section 7onebe amended by striking out all after the enacting clause and inserting. in lieu thereof, the following: that no person. firm, company or corporation shall be engaged in. prosecute or carry on any trade. business or profession.here inaftermentioned and described. until he or they shall have paid a special tax therefor in the manner hereinafter proVided.
Mr. LEBLOND. I move that the committee now rise.
Mr. MORRILL. Wait until half past 4 oclock.
Mr. ELDRIDGE. There is hardly aquorum present now.
Mr. LEBLOND. I must insist on my motion.
Skip Skip The question was taken; and upon a division there were ayes 29, noes 64. So the motion was not agreed to. The next paragraph was then read, as follows: That section 72 be amendedby striking out all after the enactin clauseand inserting.in lieu thereof, the following: that every person.firm.company or corporation engagedin any trade. business or profession onwhich a special tax is imposed by law shall registerwith the asst assessorof the wessment district. 1st. his or their name or style, and in caseof a firm orcompan. the namesof the severalpersons constituting one firm or company, and their places of residence: 2nd. the trade, business or profession, and the place where such trade. husiness or profession is to be carried on; 3rd. if a rectifier. t a number of barrels hedesigns to rectify; if a peddler. whetherhe designsto travel on foot or with one. two or more horses; if an inn keeper. the yearly rental value of the house and property to be occupied for said purpose: if not rented. the asst assessorshall value the some. All of which facts shall bereturned duly certified by such asstassessor, both to the assessorand collector of the district: and the special tax shall be paid to the collector or deputy collector of the district as hereinafter provided for such trade. business, or profession.
Mr. MORRILL. I move to insert the words “or mules” after the words “ or With one, 2, or more horses.” The motion was agreed to.
Mr. MORRILL. Imove to strike out the words “if not rented, the asst assessor shall value the same.” The motion was agreed to. The next paragraph was read, as follows: That section 73 be amendedby striking out all after the enactingclauseand insertin.in lieu thereof.the following: that anyone who shall exerciseor carry on any trade busineas or profession or doany act hereinaftermentioped.for the exercising. carrying on or doing of which a special tax is imposedby llll! act. Withoutpayment t creof as in that behalf required shall, or every such offense. besidesbeing liable to the payment of the tax, be subjectto imprisonment for a termnot exceedingtwo years or a finenot exceeding65(1) or both. One moiety of such tine to the useof the U.S. the other inmoty to the use of the person who shall 1st give information of the fact whereby said forfeiture was incurred.
Mr. WRIGHT. I would like to ask the chair man of the ComWays&Means [Mr. MORRILL] in what courts these persons are to be tried and what courts are to inflict the penalty.
Mr. MORRILL. The courts of the U.S., of course. I move to amend by striking out the words “one moiety of such fine to the use of the U.S., the other moiety to the use of the person who shall 1st ve information of the fact whereby said for eiture was incurred, ” and insert in lieu thereof the words, “and such fine shall be distributed between the U.S and the informer, if there be any, as provided by law." The amendment was agreed to.
Mr. PRICE. I move to amend this ara raph by striking out the word “without, be. ore the words “payment thereof as in that behalfprovided, ” and inserting the words “and shall refuse, " so that it will read, “and who shall refuse payment thereof, ” &0. It is a possible case that an innocent party may be taken up under this law and imprisoned. Now, what I wish is, that if he shall refuse to pay after the demand is made he shall then be punished, and not without.
Mr. MORRILL. I move to strike out the word “and” before the words “ date or time of payment, ” and insert the words “ payment is made, ” in the commencement of the pure gra. f The amendment was agreed to.
Mr. MORRILL. At the commencement of the proviso I move to amend by inserting after the word “ tax” the word “herein;” and also to strikeoat the words “exonerate from taxation” and insert the words “exempt from an additional special tax;” so that the sentence will read: Molded. That the payment of the speeinl terr heroin imposedshall not exemptfrom on additional special tax. kc. The amendment was agreed to.
Mr. MORRILL. Imovetoinsertthe words “doing business” after the word “corporation” and before the words. “in any other place than that stated.” The motion was agreed to.
Mr. MORRILL. Imove to strike out the word “prohibit” and insert the words “ro qnire as ocial tax for” after the words “but nothing erein contained shall, ” and before the words “the storage of goods, wares, or merchandise, " dec. The motion was agreed to.
Mr. MORRILL. I move to insert the words “or mule” after the words “said officer may seize the horse, " and also insert the words “ or mules” before the words “ wagon and contents, pack, bundle, or basket so seized shall not be orfeited.” The motion was agreed to.
Mr. MORRILL. I movetonmend by striking out lines 860 to 864, as follows: MaAynd all special taxesimposedafter the 1st day of day oiinMaanyy yneeaxrt ssuhcaclleebdeinpga.aidndfosrhaalnl d until the 1st be proportion the ramble of the whole amount of tax imposed for one cor and estimatodfijom the firlt day of thement in which such tax is imposed. fAnd inserting in lieu thereof the following: uhd all such special taxes shall becomedue on the l l l l I 1 i letday of Mnyin ench your or on commencing any trade. business or rofcsslon upon which such tax is by Ill Wimposed. n the fornier casethe tax shall be reckoned oroneyour and in the letter ciise importionstely for that part of the {car from the net day of the month in which the lie iihLvto a special tax commencedto the 1stday of May followmg. The amendment was agreed to.
Mr. HOLMES. One portion of the pending paragraph provides for seizing the horse, wagon, and any other property of any peddler who shall not exhibit a license; and it further provides that notice of such seizure and of the time for his appearance before the assessor may he published in any newspaperof the district or may be served personally or may be left with his family. I can see that this provision niny be liable to great abuse. The publication may be made in a; newspapermany miles from the place of seizure, so that the party will know nothing about it. I move, therefore, to amend by striking out the following! and the assessorof the distrlct in which the where has occurred may. on ten dnys notice published in any new one: in the district or served personally on the pe dler or at his dwellinhouse. requiresue peddler to show causeifauy he us and inserting in lieu thereof the following: and shall immediately servo upon such peddler a notice in writing requiring him toshow cruisebefore the assessorei the districtin which such seizureshall be minglo.at n time and piece therein stated.which shall not be lessthan 6 days nor more than 15 days from the dayof such service.
Mr. MORRILL. Mr. Chairman, Iho ethat this amendment will not be adopted, or the reason that it will be impoible in a great many instances to reach these peddlers unless the process is exceedingly summary. I have not so much sympath for the eddlers as my friendfrom NewYer has. I now that in a great many instances these persons, who flock to all public gatherings, such as musters and agricu tural fairs, appear in a place one day and disappear the next; so that it will be impossible to reach them by the process proposed y the gentlemen. I know that heretoiore a large amount of fraud has been committed by these peddlers, and that they the smaller sort, such as peddle jewelry and other imerocks require the uncessing vigilance oi the revenue officers.
Mr. HOLMES. Thissection ovidesthatthe property of these peddlers may e seized. Now, the party who makes the seizure has certainly an opportunity to serve notice a on the dler. I cannot see the force of teobjection ared by the chairman of the committee. lhe amendment was not agreed to. The Clerk began thereadingof the next pun agruph, commencing on line 865, when Mr. LEBLOND moved that the committee rise., The motion was ogreed to. So the committee rose; and the Speaker having resumed the choir, Mr. DAWES reported that the ComWhole on the state of the Union had had under consideration the Union generally and particularly the speciol order, sing bill of teHouse No. 6 8, to amend an not entitled “ An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon. nurtorris IN STATE DEPT.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS: To the HoRep. I transmit a report of the SecyState in answer to that port of the resolution of the HoRep of the 7th instant which calls or information in regard to the Clerks employed in the Dept of State. AndrewJohnson. WASHINGTON, May 16, 1866. The message, with the accompaning documents, was laid on the table, and or ered to be printed. MEXICO.
The SPEAKER also laid before the House a message from the President, transmitting, in answer to n resolution of the House, information concerning discriminations made by the socalled Maximilian Govornment in Mexico against American commerce, or commerce from particular American orts; which was ordered to be printed, and ) referred to the ComCommerce. ECUADOR.
The SPEAKER also laid before the House a message from the President, transmitting corres endence in reference to the non-payment by enador of the 1st installment under the convention of 1862; which was ordered to be printed, and referred to the Committee on foreign Allmrs. “ THOMAS rosrsn. On motion of
Mr. HUBBARD, of WestVirginia, leave was rented for the withdrawal trorn the files of the House of the papers in the case of Thomas Foster. HARRISON uncommon. On motion of
Mr. KETCHAM, leave Wis giranted for the withdrawal from the files of the House of the papers in the case of Harrison Heermance. I. O. WILLEll. On motion of
Mr. BIDWELL, leave was granted for the withdrawal from the files of the House of the papers in the case of E. C. Willett. sowisiis and sAiLons euros.
Mr. McKEE, by unanimous consent, introduced a bill to incorporate the Soldiers and Sailors Union of Washington city; which was read a 1st and 2nd time, and, with the accompengilng memorial, referred to the comMilee on i fairs.
Skip Skip LEAVI} OF ABSENCE. On motion of Mr. SCHENCK, leave of nb sence was granted to Mr. BINGHAJI for 2 weeks and then, on motion of Mr. ALLISON 5:: 4 oclock and 35 minutes p. in"; House adjourned.
Skip Skip PETITIONS, ETC. The fellowin: ctitions. iici. were presentedunder the rule and reerred to the appropriate commits tees: By Mr. GULLOM: The petition of numerous cit iccus of Sangamon county, in the State of Illinois. in favor of conrcss imposing a national tin: of 2 dollars perbe ondogs. Also. the petition of ii large number of citizens of Snngnmon county. Illinois. asking Congress shall levy a.specifiedut upon wooL By Mr. CLARKE, of lo: the petition of J. W. Pomprey. of Brown ooun. Ohio. risking priy for servicesrendered th U.S. as a detective. Mr. DAVIS: he petition of the trustees of NewYork Central College.for recognition and confirmatien of title to certsin tracts of land in Oregon and in Worship n Territory, By Mr. JUL AN: the petition of El aner C.Rs.n sum. asking an nppropnstion to roim arse her for losses s tnined in the service of the U.S. during the late rebellion. By Mr. LAWRENCE. of Ohio: The memorial of Miss ll. H. Webber and 26others.clerks in the Post officcDept.asking for equal poyto those employed in the Treasury Dept, and for proportional amount of the 8244provrded for clerks of small salaries. Mr. PHELPS: The petition of James Hooper. oi nltimore Maryland. claiming compensationfor loss of bark General Berry. destroyed y rebel prl vnteer Florida. W By Mr. RANDALL, of Kentucky: The petition of P. 1. Ballard for the establishment of epost route ovorthe newturnpike from Richmond via the mouth of Tntes creek to Lexrngton. Kentuckg. Mr. WELKER: The petition of illiam Botimer and others. late officers in the 13th U.S. colored heavy artillery. askmg pay for recruiting men for that regiment in the State of Ohio. Mr. WOODBRIDGE: The petition of Doctor! Gul: Lock. FLA. Whipple and H. M. Hall. ofI) anby. Vermont. proyin that medicines usod by physicians: may beexemp from Military
@@@IN SENATE SENATE. Wsnxssnn, May 16, 1866. Prayer by Rev. Dr. Prunurs, of London, England. The Journal of yesterday was read and approved. ADMISSION or conomno wsro.
The PRESIDENT protempore. the question is on the reconsidltiration of the bill. hall the bill pass, the objections of the POTUS to the contrary notwithstandin?
Mr. SADE. I move that the message be printed and referred to the ComTerritor, to ether with the bill.
Mr. SUli NER. I ask, is that the properway?
Mr. FESSENDEN. I do not think it is usual to refer a bill in this stage. It. cannot be amended.
Mr. JOHNSON, and others. Let the mes sa e btwninted and laid on the table.
Mr. WADE. If the course which is proposed is unusual, and I do not know but that it iIs, will move simply that the message be printed and laid on the table.
The PRESIDENT protempore. The motion is not debatable.
Mr. SUMNER. The question of printing is debatable.
Mr. CLARK. You can call for a division of the question.
Mr. SUMNER. I merely wish to ask why we should not proceed to vote at once and dispose of the matter.
Mr. HENDRICKS. I desire to modify the motion of the Senfrom Ohio, so that the bill shall be made the order of business for some particular hour; I am not choice about the hour.
The PRESIDENT protempera. The motion to lay on the table, in the opinion of the Chair, suffersedes that motion; and it is not amend abe in that form. The question is on the motion of the Senfrom Ohio, that the message and bill. be laid on the table and prints. The motion was agreed to ayes 17, noes not counted. RELATIONS WITH ECUADOR.
The PRESIDENT protempore laid before the Senate the followin message from the POTUS tates: To the Senate and HoRep: I transmit to Congress a copy of a corre spondence between the SecyState and the acting charge daflhires of the U.S. at Guayaquil, in the republic of Ecuador, from which it appears that the Government of that republic has failed to pay the 1st installment of the award of the commissioners under the convention between the U.S and Ecuador of the 25th November, 1862, which installment was due on the 17th of February last. All debts of this character from one Government to another are justly regarded as of a peculiarly sacred character, and as further diplomatic measures are not in this instance likely to be successful, the expediency of authorizing other proceedings, in case they should ultimately prove to be indispensable, is submitted to your consideration. AndrewJohnson. Wmnmeros, May 9, 1866.
Mr. SUMNER. I move that that message of the President, with the accompanying papers, be printed, and referred to the ComForRel. The motion was agreed to.
Skip Skip PETITIONS and MEMORIALS.R. LANE, of Indiana, presented a memorial of the board of trustees of the Indiana Agricultural Colle e, praying for a modification of the act of uly 2, 1862, granting to the several States a quantity of land equal to 30,000 acres for each Senator and Representative in Congress for agricultural colleges; which was referred to the ComAgriculture. Mr. YATES presented a memorial of asst assessors under the internalrevenue law in the 9th district of Illinois, praying for increased compensation; which was referred to the ComFinance. Mr. HARRIS. I have received a memorial the disposition of which has been a matter of doubt with me. It is numerously signed by citizens of Cortland county, NewYork. It speaks of grievances that have long existed, an very earnestly; but what those are I am unable to discover; and, on the whole, as the meaning and construction of a written instrument is a allEStIOH of law, I propose to refer it to the ComJudiciary. The memorial was referred to the ComJudiciary. FRESH WATER BASIN FOR IRON CLADS.
Mr. GRIMES. Iam instructed by the ComNavAffrs, to whom was referred a resolution of the city council of the city of Portland, in the State of Maine, in relation to the preservation of iron clads, to report the same back, accompanied with aJtResolution.
Mr. FESSENDEN. I should like to have that resolution taken up and passed now. It is only for the appointment of a commission.
Mr. JOHNSON. I should like to have it read. The JtResolution (S.R.No. 92) authorizing the appointment of examiners to examine a site for a resh water basin for ironelad vessels of the U.S. Navy was read a 1st time by its title.
Mr. JOHNSON. Are they to examine sites an where?
The PRESIDENT protemporc. Does the Senfrom Maryland ask for the reading of the JtResolution at length?
Mr. JOHNSON. If what has been read states the substance of it I do not.
Mr. GRIMES and Mr. FESSENDEN. That is the title merel.
The Secretary read the resolution, which proposes to direct the SecyNavy to appoint a board of examiners to examine a site at or near the city of Portland, State of Maine, for a fresh water basin for iron clad vessels of the U.S. Navy, and to as Then I ask for the read certain the advantages and cost of the site, " and nreport to Congress during the present session.
Mr. JOHNSON. I have not the slightest objection to that; but why should it be confined to the city of Portland? Why not authorize them to examine sites anywhere?
The PRESIDENT protempore. The JtResolution is not before the Senate at present for consideration.
Mr. JOHNSON. I beg pardon. I thought it was under consideration.
Mr. FESSENDEN. I should like to have it taken up if there is no objection, because the time named in it fora report is so short.
Mr. JOHNSON. I do not object to it of course.
Mr. CLARK. The clause directing a report during the present session of Congress had better be stricken out.
Mr. JOHNSON. It cannot be done in the timementioned. What I suggested was, that it was limiting the authority of the board. Is the resolution now before the Senate?
Mr. FESSENDEN. I should like to have it taken up and considered now. There being no objection, the Jtresolu was read a 2nd time, and considered as in ComWhole.
Mr. JOHNSON. I was about saying before that I did not exactly understand why the board to be appointed under the authority of this resolution was to be limited to the exami nation of a site at Portland.
Mr. FESSENDEN. I will explain it, if the Senator will allow me. There is an important public work going on in Portland by which the resumpse ot river, which is near Portland, is brought by a canal directly into the habor of Portland,:1.little outside of the city. The engi neer in charge of the work says it is perfectly practicable, at avery small expense, to give the Government all the room it needs for the purpose of laying up in fresh water not in res and salt water, but in absolutely fresh water these iron clads; that it. may be done at the expense of some 2 or 300,000 dollars, and any number of acres of land may be covered by a.little wall across the mouth, and it will furnish all facilities of that description. I have been very anxious not to urge the matter upon Congress, and have brought in no bill on the subject, or anything of the kind, but at the very beginning of the session I endeavored to prevail on the SecyNavy to have this site examined and reported: upon. Icould get no encouragement from him I that he would allow anybody to examine it and make a report. He brought up certain objections, all of which, I thought, were entirely untenable. He was urged strongly to just get i the facts, by a commissxon appointed by himself, who could say whether it was fit for this purpose or not, and how much it would cost, c. 1 I i
Mr. JOHNSON. He could have done that, i ifhe pleased. I
Mr. FESSENDEN. He could send down I any man to do it, if he had chosen to do so. He did not say he had not the authority; he did not make that a point. He could have I sent, nota commission, but an engineer there I are engineers in the employ of the Navy Dept or anyone O his officers to look at it, and there would be no difficulty about it. I could not prevail upon him to do it. Finally a letter was hande to him by agentleman, and he made the reply, substantially, that until the question of League Island was disposed of he would not have it examined.,
Mr. JOHNSON. The Senator will permit l me to ask him whether this site in Maine has ever been examined
Mr. FESSENDEL anybotg. It has been examined by the engineer engaged upon the work of whichI have spoken; and O says that this can be done.
Mr. JOHNSON. That I understand; but has anybody examined it for the Government?
Mr. JOHNSON. So that they have had no opportunity of comparing the 2 sites, the one proposed at Portland and the one at League sland?
Mr. FESSENDEN. No, sir; and I cannot et an examination. I stated to the Secretary distinctly, “Sir, I have no opinion about it; I urge nothing in regard to it; I ask nothing in regard to it except simply that you will ascertain the facts for yourself by one of your own officers;” and up to this time I have not been able to get him even to move to let the facts be known to Congress or to anybody else. Therefore it is that I want this resolution passed to direct him to send a commission there to examine and report. That is all.
Mr. FOSTER. [Mr. Pousaov in the chair.] Mr. President, I move to amend the resolution by adding after the words “Portland, Maine, ” the words “and also NewLondon, Connecti
Mr. FESSENDEN. I hope the Senate will not do that. NewLondon, Connecticut, has already been examined by a commission. There has been an examination and a report upon NewLondon. The Senator will not, I take it, contradict that fact. I do not want so much put upon this commission that they cannot make a return at this session of Congress. The examination at Portland can be made in the course of a week; but if others are put on, it nullifies the whole thing. Connecticut has already had its commission to examine NewLondon and to report upon it; and the report is here. Now, I do not intend or desire to push this matter of Portland; I have no opinion on the subject even, except that I do not see why it might not be done there; but there are a great many considerations that I am not able to understand, probably, or to explain; still I want a report on that as well as upon NewLondon; but I do not want another for NewLondon at on to this resolution.
Mr. FOSTER. It is far from mypurpose to interfere with or thwart the object which the honorable Senfrom Maine has in view. The proposed amendment is not offered with any such design. The Senator is not quite correct in saying that NewLondon has had an examination and report already on this subject. There has been, it is true, an examination by a board appointed by the SecyNavy as it regards the fitness and the desirableness of NewLondon as a site for a navy yard. But this is a distinct nestion.
Mr. FESSENDEN. It was put precisely upon this ground, as a place for iron clads.
Mr. FOSTER. Of course I will not contradict what the Senator states.
Mr. FESSENDEN. It was brought up in up position to League Island.
Mr. FOSTER. It is true that League Island and NewLondon camein competition; but the principal cause for the examination of both places was to ascertain the best site foranavy ard. That was the general purpose of the card; and the matter of iron c ads came in as an incident, and was by no means the principal cause for the appointment of the board; nor was their examination directed to that end only. The question of iron clads, as I admit, came in; butthe examination for afresh water basin specially for the protection of iron clads has not yet been intrusted to an commission. There has been no committee or such u purpose; there has been no examination of NewLondon for such a purpose, nor of League Isl and for such a purpose, but for the establishment of a navy yar. The very reason that the honorable Senator gives, so far as it goes, is a reason why this resolution should be amended in this manner, because it will not consume much of the time of the officer or officers who may be detailed for this purpose; for so far as the examination has already progressed at NewLondon, R may be taken and will serve as an aid to the board who are making the examination, and will not be an impediment. I repeat, again, that Inm by no means in clined to thwart the purpose of the Senfrom Maine; but I am desirous that NewLon don shall not be lost sight of in this examination, and that the peso iar advantages of that harbor, both as a naval station and a navy yard generally, and particularly as a site for the object which this resolution has in view, should attract the attention of Congress. It is not by any means either to delay or impede the honorable Senators object that I move the amendment.
Mr. FESSENDEN. I do not know what the motive may be; but the effect is to prevent my getting the report that I want to get; and I do not think it is quite just or reasonable, because there has already been a thorough examination of NewLondon; we know all about it. There is no danger of its being lost sight of, for I and I presume all other senators have been perfectly overwhelmed with communications and newspapers from NewLondon with regard to it ever since the matter was started originally. I have no objection to, the Senators having a commission if he wants one; but I do not think this resolution should be embarrassed with it, because I have been trying all the session to get a report on this site during the present session of Congress. I simplywant an examination and report; and I real y hope the object I have in view will not be embarrassed by piling on another site and another and another, and thus defeating all. I should like to have this resolution stand by itself and yet the report of a commission on this site. f there had been no examination and report in regard to NewLondon, I should not object to the amendment of the Senfrom onnecticut; but it is a little hard, I think, to crowd upon an original proposition an old one which has already excited so much attention and been examined on its own merits. This is asingle matter, not with reference to a navy yard, but to find what merit there is in this place for the purpose named; I do not know that there will turn out to be any.
The PRESIDING OFFICER. the question is on the amendment of the Senfrom Connecticut.
Mr. RIDDLE. Imove to amend the amendment by adding, after the word “Connecticut, ” the words “ and NewCastle, Delaware, ” 0. place which has been examined thoroughly by men outside of the committee, and it is deemed very appropriate for this purpose.
Mr. HENDRICKS. I move to strike out that portion of the resolution which fixes any particular place of examination, so that a ward appomted by the Navy Dept shall make an examination generally. I suppose Senators are aware of the fact that this is a new necessity growing out of the construction of an iron navy. It is desirable to have fresh water in which to float these vessels to avoid the destruction which is incident to their being kept continually in salt water. This subject has never been investigated, I presume, because there has never been a necessity for the investigation before. I cannot, however, see the propriety of going to anyone point and that only. Is it not better to say to the Dept, “ Examine generally and ascertain where is the best point for the floating of the iron clads in fresh water?” If the best oint be at Annapolis certainly that point ong t to be selected. If the best place is at Philadel ihia that ought to be selected. If, on the other and, Portland, in Maine, be the best point we ought to select that. Certainly a very satisfactory examination, and such an examination as would enable Congress to legislate upon the subject, would be secured by a resolution authorizing a general examination. suppose a commission go to Portland, Maine, an report that that is a very suitable place. That report will not inform Congress whether it is the est location, because that commission would not have examined the other points. It seems to me that it is far better just to say that a commission shall be apointed to examine generally, and surely the Senfrom Maine is not afraid of that investigation, for if his place be the best, then, of course, the board Wlll select it; if it be not the best I know thdt he is too patriotic to desire its selection.
The PRESIDING OFFICER. The amendment of the Senfrom Indiana will be in order when the present amendment shall have been disposed of. Not being an amendment to the endin amendment, it is not in order.
The PRESIDING OFFICER, (Mr. Ponsnor in the chair.) The mornin hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday.
Mr. SHERMAN. What is the unfinished business?
The PRESIDING OFFICER. It is the bill (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the government for the year ending June 30, 1807, and for other ur oses.
Mr. FSS and EN. Let that bill come up. I should oppose anybody else going on with any business that would interfere with that; and therefore I shall not ask that.the approprition bill be laid aside for the purpose of dispos i of this resolution.
Mr. GRIMES. I wish to say one word; not on the subject of this resolution, but in justice to the SecyNavy. Accordin to my construction of the law and the dutieso the SecyNav, he had no more authority to comply with the request of the Senfrom Maine than I have. Suppose I had gone to the Senfrom Maine, when he was SecyTreasury, and asked him to send an engineer to the town where I live, for the purpose of selecting a propersite to establish a customhouse. We have got a surveyor of customs there, but no appropriation has ever been made for the est ahishment of a customhouse, and Congress has never contemplated an such thing. If I had made such a proposition he would have laughed at me. But the gravamen of the charge, I believe, is that the ecretary of the Navy will not interfere with anythingor listen to anythingaslongas League Island is under consideration. What evidence is there of that? Did the Secretary tell the Senfrom Maine so?
Mr. FESSENDEN. He told another Gentleman so. I have it in a letter that he so stated.
Mr. GRIMES. He told another gentleman, who told another gentleman so, who wrote the Senfrom Maine so. That is the kind of information we have. As I said when I rose, I have nothing to say in regard to this proposition, but simply to say, in justice fo the SecyNavy, thatI think he had no more authority to detail an engineer he had not any en, meer. in the 1st place
Mr. FESSENDEN. Ihen you do not agree with him on that point.
Mr. GRIMES. He had not any engineer for any such purpose as this. There is an engineer stationed in the Bureau of Yards and Docks, an engineer who superintends the construction of buildings. but no engineer who is capable. so far as I know, and judging from whatI know, I doubt whether he is capable oven to perform the duties he is assigned to perform, no one capable of enterin upon the investigation of any such grave subject as is proposed by this resolution.
Mr. FESSENDEN. I wish to say one word in reply to that. The SecyNavy made no such point to me. He did not state that he had no authority to do this, nor did he even suggest it.
Mr. CONNESS. As this resolution is now before the Senate, I hope we shall get a vote upon it before the a propriation bill is taken up.
Mr. FESSENDEN. I would rather not take the vote upon it. I want to goon with the appropriation bill. I should object to anybody else proceeding and therefore I shall not ask thatthis resolution be proceeded with now.
The PRESIDING OhTICEB. House bill No.261is before the Senate.
Mr. MCDOUGALL. I merely wish to suggest that the amendment I proposed to the amendment of the Senfrom Connecti cut
The PRESIDING OFFICER. That quesion is not before the Senate at this time.
Mr. MCDOUGALL. I only wish to present it, that by the courtesy of the Senate it may be considered as before the bod.
The PRESIDING OFFICER. It may be received by unanimous consent.
Mr. Me OUGALL. I ask the Secretary to read it as an amendment to the amendment.
The PRESIDING OFFICER. The amendment of the Senfrom California will be received and will be read when the JtResolution is again before the Senate.
Mr. HARRIS. Before the appropriation bill is proceeded with, I desire to make a report ruin a committee.
The PRESIDING OFFICER.The consu lar and diplomatic appropriation bill is before the Senate, but by unanimous consent the Chair will receive reports and other morning business. REPORTS OF COMMITTEES.
Mr. HARRIS, from the ComPrivLandClms, to whom was referred the memorial of William Syphax, prayin to be confirmed in his title to a tract of land in the Arlington estate, (so called, Virginia, granted to his mother by the late. W. P. Custis in the year 1862, reported a bill (S.No.321) for the relief of Maria Syphax; which was read and passed to a 2nd reading.
Mr. CLARK. The ComClaims, to whom was referred the petition of D. D. Sublett, prayinv for compensation for services rendered in talring the 8th census in the county of Morgan, State of Kentucky, have directed me to make an adverse report thereon, there being power to pay the claim at the Dept. Imove that the report be printed. The motion was agreed to.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a bill (H.R.No. 462) granting pension to Mrs. Sally and rews, reported it Without amendment. He also, from the same committee, to whom was referred the petition of Mrs. Sarah E. Brewer, praing for an extra pension in consequence of the loss of her husband and 2 sons in the Army, reported adversely thereon, there being no proof to sustain the prayer of the petitioner, and asked to be discharged from its further consideration; which was agreed to.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (S.No.296) to incorporate the America Fire and Marine Insurance Company of Washington, DistCol, reported it without amendment. He also, from the same committee, to whom was referred abill (S.No.178) to incorporate the Metropolitan Mining and Manufacturing Company, reported it with an amendment. He also, from the same committee, to whom was referred a bill H.R.No. 558) to amend the charter of the washiagton Gas Light compan, reported it without amendment. Mi".WILLIAMS, from the ComClaims, to whom was referred the petition of Joseph W. J. Holmes, sr., praing for compensation for property destroye in Columbia, SCarolina, y the U.S. forces under GenlSherman , submitted an adverse report thereon; which Was ordered to be rmted.
Mr. SPRAGUE,from the ComMilAffrs , to whom was referred the petition of James S. Fish, and others, of the home guard of Rockcastle and Lincoln counties, in Kentucky, (praying for compensation for services rendere during the threatened raid of the rebel John Morgan in 1862, submitted a report accompanied by aJtResolution (S.R.No. 91) providing for the payment of certain Kentucky militia forces. The JtResolution was read and passed to a 2nd reading, and the report was ordered to be irinted. Mr.YATES, from the ComDistCol, to whom was referred abill (S.No.290) to incorporate the National Life and Accident Insurance Company of the DistCol, reported it without amendment. PASSPORTS.
Mr. TRUMBULL. The ComJudiciary, to whom was referred the bill (H.R.No. 668) to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress, relating to passports, have had it under consideration, and have directed me to report it back with an amendment; and as it is a short bill, I ask that it be put on its passage. It will take but a moment. There being no objection, the Senate. as in ComWhole, proceeded to consider the bill, which repea 5 section 23 of an not entitled "An act making appropriations for sundry civil exeases of the Government for the year endin one 30, 1864, and for the year ending the 30 of June, 1863, and for other purposes.” The ComJudiciary, reported the bill with an amendment, to add at t 10end of the bill, “ and hereafter passports shall be issued only to citizens of the U.S. ” The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed, and the bill to be read the 3rd time. t was read the 3rd time and passed. DIRECT TAX IN WESTVIRGINIA
Mr. VANWINKLE. I am directed by the ComFinance, to whom was referred the JtResolution (S.R.No. 90) to suspend temporarily the collection of the direct tax within the State of WestVirginia, to report it back without amendment and recommend its passage; and as the mise hief intended to be cured is now going on, I should be glad if the Senate would indulge me with the present consideration of the resolution; it can occupy but a moment or 2 at most. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution.
Mr. TRUMBULL. I notice in reading over the resolution that it provides for a suspension of the collection of this tax until the 1st of March next, or until an adjustment shall be made with the State. That would put it in the power of the SecyTreasury to suspend it forever, or of the State, if the did not make an adjustment. Ia prehend the Senator does not mean that it should have that construction. I suggest to him whether the phrase ology should not be altered so as to provide that it shall be suspended until March, unless the accounts are sooner adjusted.
Mr. TRUMBULL. I suppose that was the intention.
The PRESIDING OFFICER. The JtResolution has not been read at length to the Senate. It will now be read.
The Secretary read the jtresolution, which directs the SecyTreasury to suspend the further collection within the State of WestVirginia of any part of the direct tax imposed by the act of August 5, 1861, until the lst day of March next, or until the adjustment of the claims of the State against the U.S.
Mr. VANwINKLE. I move to amend the resolution by striking out the words “ or until" and inserting “unless the claims of the said State against the U.S. are sooner adjusted.” A bill has already passed the Senate a pointing a commissioner to adjust those claims.
The PRESIDING OFFICER. The Senfrom WestVirginia moves to amend the resolution in the 7th line by striking out the words “or until" and inserting “ unless;” and in the 8th line by striking out the words “adjustment of the;” and at the end of the resolution by inserting the words “are sooner adjusted;" so that it will read: That the SecyTreasury is hereby authorized and directed to suspend the further collection within the State of WestVirginia of any part of the direct tax imposed by the act of August 5, 1861u. ntilthelstdnylof March next.unlessthoclaims of thesaid Stateagainstthe U.S. are sooner adjusted. The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The JtResolution was ordered to be engrossedI for a 3rd reading, was read the 3rd time, and passed. BILLS INTRODUCED.
Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a bill (S.No.322) to transfer the Bureau of Indian Affairs from the Dept of the Interior to the War Dept; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed.
Mr. DOOLITTLE subsequently said: The Senfrom Nevada [Mr. Srswanr] introduced a few moments since a bill to transfer the Bureau of Indian Affairs from the Dept of the Interior to the War Dept; which was referred to the ComMilAffrs. I think that bill should be referred to the ComIndAffrs.
The PRESIDING OFFICER. Does the Senator make that motion?
Mr. STEWART. I do not see the necessity for that change. As the proposition is to transfer the Indian Bureau to the War Dept I do not know why it might not go to the ComMilAffr, and I think it quite important that it should go to that committee.
Mr. CLARK. It seems to me it certainly ought to go to the ComIndAffrs, the committee who naturally consider such subjects, and not the ComMilAffrs. They know the condition of affairs in the Indian Bureau, and it is not supposed that the Military Committee do. It shorifd go to the committee that is conversant with the matter proposed to be changed.
Mr. SIEWART. I be the Senators pardon. I doubt whether any ody is familiar with Indian affairs. We hearconstantly that it is the most mixed and discordant branch of the public service. anyone traveling through the ndian country will see that the whole system is a very defective one. The general knowledge of the system is defective; everyone knows that it is defective; and certainly what little knowledge a party here may have of the details, will not be very important in considering the propriety of this change.
The PRESIDING OFFICER. Extended debate on the question of reference is not in order.
Mr. STEWART. I hope the bill will be referred to the ComMilAffrs.
The PRESIDING OFFICER. The Senfrom Wisconsin moves that this bill be referred to the ComIndAffrs.
Mr. NESMITH. Is the question debat able?
The PRESIDING OFFICER. The Senate has usually allowed alimited debate on the question of reference, but extended debate is not in order. It is not in order to give extended reasons why it should be referred to one committee or the other.
Mr. KIRKWOOD. Has the bill not been already sent to the ComMilAffrs?
The PRESIDING OFFICER. It has not been referred to any committee.
Mr. NESMITH. I desire to state that the ComIndAffrs had this whole subject under consideration, and a sub committee, consistiu of some members of the Committee on In ian Affairs of the House and some of the Senate, gave their attention to the subject during the last summer, made very extensive investigations, and have collected a great many facts in areport bearing on the subject. It is a subject upon which the ComMilAffr, as a committee, I apprehend, have no particular knowledge. I know that a great deal of information on this subject, which it is necessary to have in order to act understandingly upon it, has been collected by the ComIndAffrs, and I believe every principle of propriety would send the bill to that committee.
Mr. STEWART. On that statement I with draw my objection to its reference to the Indian Committee.
The PRESIDING OFFICER. The bill, then, will be referred to the ComIndAffrs.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.323) to fix the militar peace establishment of the U.S.; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.324) for the relief of John Hastings, late surveyor and depositary of public moneys at Pittsburg; which was read twice by it title, and referred to the ComCommerce.
Mr. CLARK subsequently said: The Senfrom NewYork, who is not now in his seat, [Mr. MORGAN] introduced a bill for the relief of John Hastings, and an order was made referrin it to the ComCommerce. The comClaims has had that matter under consideration for quite a numberof years, and last year there was a bill passed for his relief, and I wish the order referring this bill to the ComCommerce to be suspended until the Senfrom NewYork comes in, when I will move to refer it to the ComClaims, where it on ht to go.
The PRESIDING OFFICER. That course will be taken if there be no objection. The Chair bears no objection.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.325) to give certainers to the levy court of the count y of ashingtou, in the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. KIRKWOOD asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 93) for the appointment of a commission to examine and report upon certain claims of the State of Iowa; which was read twice by its title.
Mr. KIRIxWOOD. I move that the JtResolution be referred to the ComMilAffrs , and printed.
Mr. OOLITTLE. I suggest that itshould O to the ComClaims, and not to the ComMilAffrs.
Mr. DOOLITTLE. It is in relation to certain claims of the State of Iowa.
Mr. KIRKWOOD. I think ithad better O to the ComMilAifairs. Tfie claims row out of military 9. airs.
Mr. JOHNSON. For moneys expended during the war?
Mr. KIRKWOOD. Yes, sir; for raising troops. The JtResolution was referred to the ComMilAffr and the Militia, and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSE. A messae from the HoRep, by Mr. W. K. MEHAFFEY, one of its Clerks, announced that the HoRep had passed the following hills, in which it requested the concurrence of the Senate: A bill (H.R.No. 477) further to providefor the safet of the lives of passengers on board of vesse s proelled in whole or in part by steam, to regulate the salaries of steamboat ins cctors, and for other purposes; 2 bill 1H.R.No. 691) for the relief of Thomas D. Burrall; A bill (H.R.No. 589) for the relief of Delia A. Jacobs late Delia A. Fitzgerald; A bill (.R. No. 508) to amend the organic acts of the Territories of Nebraska, Colorado, Dakota, Montana, Washington, Idaho, Arizona, Utah, and NewMexico; and A billhiH.R.No. 590) for the relief of William sun and Jacob Senuetf. ENROLLED BILL SIGNED. The message further announced that the Speaker of the HoRep had signed an enrolled bill (H. No. 280) making appropriations for the service of the postoffice dept during the fiscal year ending June 30, 1867, and for other purposes; and it was thereupon signed by the resident protempore. ORDER.OF BUSINESS.
Mr. NESMITH. I move that the Senate proceed to the consideration of House JtResolution NO; 103.
Mr. FESSENI)E.I. I must object to it. I have now given way for half an hour, and cannot consent to the
Mr. NESMITH. This is a very brief resolution, which will not probably occupy 2 minutes. It merely proposes to refer a case to the Court of Claims.
The PRESIDING OFFICER. The appropriation bill is really before the Senate, and any objection will prevent the taking up of the jomt resolution.
Mr. FESSENDEN. The Senator can take it u tomorrow just as well. It
Mr. NESMITH. I should be ver much obliged to the Senator if he would a low me to take it up now.
Mr. FESSENDEN. If I did not have to oblige anybody else, I would do it with all my cart.
Mr. NESMITH. I presume there will be nobody else.
Mr. FESSENDEN. I cannot give way any further. I objected to my friendfrom Oregon taking up a resolution, but I said I would give way to him ifI did not have to oblige anybody else. Now I see the whole business of the Senate is coming in.
The PRESIDING OFFICER. Objection bein made, the appropriation bill is before the Senate.
Mr. SPRAGUE. I have been trying all the morning to present a petition.
Mr. FESSENDEN. It can be presented just as well tomorrow as this morning.
Mr. SPRAGUE. I desire that it may go to the ComCommerce today, in order that it may be acted on tomorrow.
Mr. FESSENDEN. It is exceedingly disagreeable to me to object in any case but I have given way for thing after thin for half an hour after the regular time. I did say to the Senfrom Oregon that I would give way to his resolution, but he has lost the floor. If, however, Senators will agree to stop there, I will give way so far as to allow the Senators etition to be presented and my friendfrom regon to calPu his resolution, which will give rise to no de ate, as I understand.
The PRESIDING OFFICER. The petition will be received, if there be no objection.
Skip Skip PETITIONS and MEMORIALS.R. SPRAGUE presented a memorial of citizens of RhdIsland interested in the navition of Narragsnset bay, praying that the ight now kept at ayatt Point may be removed to the beacon at Conoment Point, proposed to be constructed; which was referred to the ComCommerce. He also presented a memorial of the Soldiers and Sailors Union of Washington, DistCol, praying for the passage of a law creating them a body politic and corporate; which was referred to the ComMilAffrs .
Mr. FESSENDEN. Now my friendfrom Oregon can ct n his resolution.
Mr. NESlI IT. I will give way for fear of disturbin the equanimity of my friendfrom Maine. prefer to let the matter go over and take the risk.
Mr. FESSENDEN. Iain very much obliged to the Senator. HOUSE niLLs REFERRED. The following bills from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 477) further to provide for the safet of the lives of passengers on board of vesse s proelled in whole or in part by steam, to regulate the salaries of steamboat inspectors, and for other purposes to the ComCommerce. A bill (H.R.No. 608 to amend the organic acts of the Territories O Nebraska, Colorado, Dakota, Montana, Washington, Idaho, Arizona, Utah, and NewMexico to the ComTerritor. A bill (H.R.No. 689 fortherelief of Delia A. Jacobs, late Delia. Fitz erald to the ComPatents and the patent Office. A bill (H.R.No. 590) for the relief of William Mann and Jacob SonnetT to the ComPatents and the Patent office. A bill (H.R.No. 591) for the relief of Thomas D. BurralI to the ComPatents and the Patent Office. CONSULAR and DIPLOMATIC BILL. The Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1807, and for other purposes. The 1st amendment reported by the ComFinance was in line 52 of section one, to insert “incliidingloss by exchange thereon;" so as to make the clause road: For salariesof consuls general, consuls, comniercial agents, and 13 consular clerks, including loss by exchange thereon, namely.
Mr. FESSENDEN. With regard to that, I should like to ask my friendfrom Ohio, as I was not presentin the committee when the bill was considered, why those words “including loss by exchange thereon” are to be inserted here when they occur on page 5, line 98, before the appropriation. I do not see why you want the wor sin both places.
Mr. SHERMAN. The last one ought to be stricken out.
Mr. FESSENDEN. Very well, one or the other should be stricken out. The amendment may be adopted and the words stricken out in line 98 afterward. The amendment was agreed to.
Mr. FESSENDEN. I move to amend as we O along, to strike out the words “including oss by exchange thereon” in line 98 of section one.
Mr. SHERMAN. That was the purpose of the committee, undoubtedl. The amendment was agree to. The next amendment reported by the ComFinance was in line 62 of section one toinsert “ Barcelona” after “ Bou lognc;” in line 67 to insert “Han how" after “HongI ong;” and in line 72 to insert “Nantes” after “ Nice, " among the consulates provided for in schedule B. The amendment was agreed to. The next amendment was to strike out the proviso in schedule C, section one, line 98, “Provided, that the compensation of the consuls at Malta, StJohn, (Canada East) Nice. Lisbon, Santa Cruz, and Tampico, is established at $1,500 each, annuall, and the salary of the consul at Nassau( cw Provi dence) is established at $3,000, ” before the gross appropriation of $420,000 for salaries of consuls general, consuls, commercial agents, and consular clerks, and to insert the following proviso after the appropriation: Provided That the comgensationof the consulsat Malta, StJohn, Canada last.) Nice, Lisbon. Santa Cruz. Tumpioo. rince Edward Island, Barcelona, and Nantes is establishedat $1.500each, annually, and the compensationof the consulsat Nassau, (New Providltlznce Jand Hankow isestablishedatSWOOeaoh, annua y.
Mr. SPRAGUE. I should like to ask the chairman of the ComFinance what the compensation of the consul at Nassau was prior to the war. I know that in the ComCommerce the coin ensation was proposed to be increased, and I should like to now what the compensation was before the war, as it is proposed new to make it $8,000. My impression is that it was then $1, 600; and if it was $1,500 before, why is it necessary that it should be $3.000 now?
Mr. FESSENDEN. I was not present when this bill was considered in the ComFinance, and I cannot very well answer.
Mr. SHERMAN. This is really a reduction. The SecyState thought it ought to be $3,000. I think the present salary is $4,000.
Mr. FESSENDEN. It is $2,000 now, and the increase is to $8,000.
Mr. SHERMAN. 4000 dollars is the present salary.
Mr. FESSENDEN. It is $2,000 in the list I have here.
Mr. SHERMAN. But it was raised during the war to $4,000.
Mr. FESSENDEN. Thentheincrease ceased with the war; and it is $2,000 now, and this amendment increases it to $3,000.
Mr. SHERMAN. If so, it can be stricken out.
Mr. SPRAGUE, I move that “Nassau, (New Providence, )" be stricken out of this amendment.
Mr. FESSENDEN. I am told that it is a very exensive place, and probably $3,000 is not too arge a salary.
Mr. GRIMES. It is not more exensive than other places where you pay only 1,500.
Mr. FESSENDEN. It is a very important oint.
The PRESIDING OFFICER. Does the Senfrom RhdIsland insist on his amendment?
Mr. SPRAGUE. Yes, sir; I move that “Nassau, (New Providence, )” be stricken out of the amendment of the committee. I also move to insert “Nassau, (New Providence, )” after “Nantes, ” in line 70two of section one, in order that it may be established at $1,500; otherwise it may be continued at $4,000 as at present.
Mr. FESSENDEN. It is $2,000 accord in to the recentl published list. It was raised tom orarily during the war, and is new $2,000. here are a great many cases where an increase was temporarily made during the war; but the recently published list of diplo matic and consularOfficers of the U.S., dated March, 1866, states the salary at Nassau at $2,000.
Mr. SPRAGUE. Then Iam willing to leave it at $2,000, and my amendment is simply to strike out of the amendment of the committee the words “ Nassau, (New Providence.)” The amendment to the amendment was agreed to.
Mr. POLAND. I propose to amend the amendment of the committee by inserting after the word “annually” where it 1st occurs the words “that at Nice to commence December 14, 1865.” The consulate at Nice had a sal ary of $1,500, the same as is provided by the amendment of the committee, which was to continue according to the terms of the law until the close of the war. That salary actually ceased on the 14th of December last. During this period a Gentfrom my State, one who was many years associated with me upon the bench, has filled the place as consul. e was obliged, in consequence of the health of his family, to resign his place upon the bench and go abroad. The salary is very me r, 81, 600 a year, not half enough to support himself and family. It is a very expensive place to live, and one where the consuls of other nations have very much larger salaries than we provide for our consul, an a place where the duties of the consul are constantly increasing, and largely increasing. Our European squadrons winter at Nice, or some portion of them, so that the duties of the place have been altogether larger than ever before. Judge Aldis, the consul, has been performing the duties during the whole of this time without any salary. The fees are very small, I think less than $100 during the last year. It is a place that is very largely resorted to by persons from this country and from all countries for health. Most of the foreigners there are persons who are invalids, and those from this country need the attention and sometimes the assistance of an agent of this Government. this only bare justice that the salary should commence when the former salary ceased, on the 14th of De cember.
Mr. FESSENDEN. I can only say with regard to this case that the facts are undoubt edly as stated by the honorable Senfrom Vermont. When this gentleman went out be supposed the salary to be $1, 600, because it was raised to $1,500 during the war. We now propose with regard to some half a dozen of these places, where We are satisfied that we must have consuls and that the fees will not ay them, to give them a salary of $1, 600. [hat is right enough; but if we go back in one case to make up the deficiency between the period when the salary ceased and the beginning of the next fiscal year, I do not see why the same rule should not be applied to all the other places where we have paid a salary of $1,500 during the war. If we begin this system with regard to Nice there is the same propriety in gomg through with it in regard to all these other consulates. As the policy has been as a general rule not to go bnc ward and pay arrears of salary, the committee do not recommend anything of that kind. It is a matter for the Senate to decide whether it is worth while to make up to this gentleman who is consul at Nice what he won d have received had the salary been $1,500, from December until the present time. It strikes me that the difference is not very great, and if it really costs no more to live there than the salary amounts to, this little addition will not give him much.
Mr. POLAND. It isvery true, as the honor able Senfrom Maine says, that the amount of half a years salary of $1,500 is not a very large sum; but when the salary is not more than half enough to support the gentleman and his family at the place, it becomes a matter of some importance. I will say, in reference to the gentleman who holds this small consular position, that he is a gentleman who is amply qualified to represent us at any of the courts of Europe. e is in the place, and I know that when he went there, although as the law then stood the salary was only to last during the war, he was informed by Mr. Seward, SecyState, that the position of that place and the wants of the Government were such that undoubtedly the salary would be contin ued. He was told that although as the law then stood it was only a temporary position, the salary undoubtedly would be made permanent, and that he might rely on that when e received the appointment. In reference to many of the other cases which the Senator named, where the salary ceased at the same time, the consuls fees are larger than the salary provided. One object of the Government in providing ii salary instead of fees was, that the ees in some cases would be a much larger compensation than the salary of $1,500 which the bill provides, so that the Government reall makes a savin&by taking away the fees and v reducing the o cer to a salary of $1,500; but that reason does not apply to this case. I trust that the amendment will be adopted.
Mr. Aldisve well, and have known him for many years. need add nothing to what the Senfrom Vermont has said with regard to his eminent merits. He was one of the Senators associates upon the bench of the supreme court of Vermont, and I have regards it as a substantial benefit to our country that he was willing to accept this post. He conferred with me before O did accept it, and I most earnestly counseled him to accept it, if he could make up his mind under the circumstances to leave the country; for I desired to secure his services there. I shall, therefore, vote for this amendment; and I make this distinction between this case and theothers, that in this case we actually have evidence with regard to the character of the incumbent and to the necessity of this increase. I have conferred with my friend, the Senfrom Ver mont; I know the evidence that he has, and I also have some evidence myself direct from Nice, all showing the necessit of this increase and since I am informed oft at necessity, and am familiar with the merits of the incumbent, and as the amendmentis now moved, and I am to vote upon iIt, shall vote in favor of it.
Mr. FESSENDEN. In addition to the objection which I before stated, there is another difficulty in the way, and that is that in the mean time, from the time the salary ceased up to the 1st of July next, this officer will have been receiving his fees; and this amendment gives him a proportion of $1,500 from last December, so that he would be getting the salary for the same time that he was receiving the fees.
Mr. FESSENDEN. I do not see any reason applicable to this case which is not applicable to every other one that we have. This officer may be, and unquestionably is, a gentleman of high character and standing; but a consul is a consul, and if we do this in one case there is no reason why we should not do it in others where the salar has not been received.
Mr. EDMU DS. I think there is especial reason which applies to this case that has not yet been wholly stated; and it may apply to some others, or it may not. Until some others are suggested to which it does apply, I shall take it that it does not apply to any others. That reason is that Nice is the winter naval station for our Mediterranean fleet. They have been there most of the time, if I am correctly informed, this winter, or at least a considerable period of the time.
Mr. GRIMES. It is not the headquarters of the Mediterranean fleet; the headquarters is LisbOn.
Mr. EDMUNDS. Iofcourseyield to the statement of the chairman of the ComNavAffrs as to where the technical headquarters of the fleet is. I have not been there myself, and I cannot say; but if I am correctlyinformed by the newspapers, and from private information from Nice and from Florence, the hiediterra nean fleet, or some considerable portion of it has spent some time this winter at Nice; an I think the chairman of the Naval Committee will not dispute me on that. I have credible reason to believe that this gentleman who has been referred to, and who is a gentleman, has been obliged by those ordinary conrtesies and duties belonging to consuls, where any american citizens or sailors are, to spend a sum of money which would equal the amount of this small solar for the shorttime during which it is propose to allow it to him, in those necessary acts of hospitality and assistance which any man who represents his country in any. position abroad feels bound to incur, and which, of course, ordinarily uses up a very large part of his salary. This gentleman, in this instance, if I am correctly informed, has done this, and therefore it appears to me that there is asecial reason which applies to his case, and which may not apply to the others, for having the salary which he has really expended in the appropriate duties of his consulate, and, in those ospitalities which, to be sure, the law does not oblige him to perform, but which a decent sense of respect or his countrymen requires him to perform, should, to this small degree, be made up. The amendment to the amendment was rejected ayes 7, noes not counted.
Mr. POLAND. One objection to the amendment I offered before was that it was not equal and exact justice to all. I now propose to amend the amendment of the committee by adding to it this proviso: and promrled.Thatin eachof the consnlatesnamed in this schedule.where the salary has ceased.under the revisions of the act of August 2. 1861t.he salary shal commenceat the time the formersalaryceased.
Mr. FESSENDEN. Ihope that amendment will not be adopted. It is to make up arrear ages to all these consuls. The amendment to the amendment was rejected. The amendment of the ComFinance, as amended, was agreed to. The next amendment of the committee was in line 113 of section one, to increase the appropriation “for interpretersto the consulatesiu hina, and to the consular court at Bankok in Siam” from $6, 800 to $8, 300. The amendment was agreed to. The next amendment of the ComFinance was to add as an additional section the following. SEC. 3. Abife: That all feese ollootedby any consul or commercialagent not mentioned in schedule B or C or by anyvice consulorcommercial agent appointed toperformtheirdutiel. orb any other arsonin their behalf shall be account for to the SecyTreasury in the samemode and manner as is provided for insection 18 of the act approvedAugust 18, 1806, entitled “An act to regulate the diplomatic and cousular systemof the U.S. ” and when the face so collected by ny consul or commercial agent amount to morethan 2.01Xin) anyoneyear the excessfor that year shall be paid to t a SecyTreasury in the mode providedfor by said act.
Mr. FESSENDEN. This amendment was reported on the strength of statements made to the committee by various gentlemen, that some of the consulships which are paid by fees alone afforded to the consuls very lar salaries, it is estimated as high as $10,000 in some instances, and in one case even as much as $20,000. They have vice consuls and commercial agents at different places under them, coverin alarge extent of territory, and receive all the ees. The places paid by fees in this way embrace some of the best positions in europe. It was stated on very good authority and {have no doubt is the fact, that many of them actually receive very large pay from their fees, much lar 04than any of the consuls at regular salarie posts. The dificulty, however, about it is, that it is rather troublesome to get at it. Our consular system now is working admirably well. The fees being accounted for to the Treasury, and the consuls generally being paid by salaries, the system has now got to be almost self supporting; it costs very little. The fees very nearly pay the salaries provided for; I do not know exactly how nearly. In those consulates, however, where the consuls are aid by fees entirely, they do not account for the fees, and they amount in some cases, as we are informed, to a very considerable sum much more than we pay to consuls who receive salaries. I find that after this amendment was drawn and reported, a communication was sent to the State Dept renesting information with regar to it and the oinion of the Dept in relation to it. a reply We received a communication from the SecyState, which I send to the desk and ask to have read.
Mr. GRIMES. It ought to be known at the State Dept how much salary is received by a good many of these consuls, because I understand there have been persons appointed from that Dept to the most valuable consulships in Europe. They have an admirableO )portiinity there to select the best places, and guess it will be discovered by an examination of the official list that they have generally selected places where the consuls are paid by fees. If any gentleman desires to be accurately informed on this subject, if he will go to the office of the 5th Auditor of the Treasury, he will there get some authentic information. I am told by officers who have charge of the consular business there that there are consuls in the employment of the U.S. who receive salaries of from 8,000 to 25,000 dollars.
Mr. GRIMES. In fees alone at such places as Leeds and Bradford and places of that kind in Yorkshire and Lancasliire. It is in consequence of some law that was passed since the beginning of the rebellion requiring triple invoices.
Mr. SUMNER. That is the secret of the whole thing.
Mr. GRIMES. That requirement is really an imposition upon the importing merchant.
Mr. FESSE DEN. o, it is necessary to proteetthe revenue. It has been a very great protection.
Mr. FESSENDEN. I think that probably would be an error the other way. I notice that man of these consulates are at very important places, where a great deal of business is done. Take, for instance, Sheffield. The consul there is paid by fees. The consul at Manchester, which is about the same sort of place, has a salary of $3,000. Shcfiield probably is e net]in importance to Manchester.
Mr. CHANDLER. It is now; it was not then.
Mr. FESSENDEN. It is more important, perhaps. Then there are Faline uth, Plymouth, and Bradford. They are all said to be places of importance.
Mr. FESSENDEN. They have commercial agents and vice consuls whom they have to pay out of their fees. 1 should think that 253,000 might safely be fixed as a limit. My only doubt about the amendment was whether $2,000 would be too small at some of these large places.
Mr. FESSENDEN. Ifwe amend the amendment by inserting $3,000 in place of $22,000 it will probably be right, and pperhaps by the next session We can get the information we ought to have in reference to all these places, so that we may fix the propersalary at each.
Mr. FESSENDEN. I feel disposed, therefore, to move to amend the amendment by striking out $2,000 and inserting $3,000 in the 11thline, and then to let it stand; and I make that motion. The amendment to the amendment was agreed to.
Mr. SHERMAN. I desire to amend the a“mendment further by inserting the word such ” after the word “any” in line ten, so as to read, “when the fees so collected by any such consul or commercial agont;” so as to confine the operation of the section to these particular cases.
Mr. FESSENDEN. That is right. The amendment to the amendment was agreed to.
Mr. JOHNSON. I ask the honorable chair man whether the act of August 18, 1856, referred to in the particular amendment, does not require the consuls to report to the State Dept.
Mr. FESSENDEN. I think not; but the amendment ivas not drawn by me but by the Senfrom Ohio.
Mr. JOHNSON. I understood the letter from the SecyState to the Senfrom Maine to say that by the law as it now stands they make a report to the State Dept. O
Mr. FESSENDEN. That is those who are paid by fees.
Mr. JOHNSON and he objects to this particular amendment on the ground that so at as it is concerned you are taking the consuls away from the State Dept.
Mr. FESSENDEN. I think by that not they report to the SecyTreasury.
Mr. SHERMAN. The intention was to extend the provision of the old act which applied only to scheduled or salaried consuls to the consuls who receive compensation in fees.
Mr. SHERMAN. The 18th section of the act of August, 1856, provides that“All feese ollected at any of the legationsmr by the consulsgeneral.consuls and commercialagentsmentioned in schedules B and C, and h vice consulsand vice commercial ants appointe to perform their duties or by any other personsin their behalf shall be accounted for to the SecyTreasury, and held subjectto his draft." Whoever drew the communication for the State Dept, made a mistake, because the language of the law was followed in drawmg this section. The amendment, as amended, was agreed to.
The PRESIDING OFFICER. The amendments reported by the ComFinance are now completed.
Mr. CHAbIplER. I am instructed by the ComCommerce to propose this amendment to come in at the close of the 1st section in the bill: For repairs ofccmctery. fences and sexton s belonging to the U.S. in theydypf Mehxoicuos, e 91.500t.o be expended under the direction of the POTUS I have a report of the ComCommerce on this subject which can be read if de sired. The appropriation is for the repairs of the ccmete in the city of Mexico where our soldiers are uried. Several Sermons. State the substance of it.
Mr. CHANDLER. The cemetery is out of repair; the fences are down; and the conspl at the city of Mexico and our late minister in Mexico united in recommending that this appropriation be made for the repairs of the cemetery. That is the substance ot the report, but it can be read, if Senators desire to hear it.
Mr. SUMNER. I do not think it is necessary.
Mr. FESSENDEN. I suggest whether this item had better not. b. but on some other bill.
Mr. CHANDLER. this a consular recommendation, and the ComCommerce proposed to put it on this bill. It
Mr. FESSENDEN. But it is not a con.sular matter.
Mr. CHANDLER. It may as well go on this bill as any other.
Mr. FESSENDEN. In that I differ from the Senator. It strikes me as singularly in appropriate to this bill. It may well go on the mise c laneous bill at the end of the session, where we insert various mise ellaneous items. I think it ought not to go on this bill. I do not object to the appropriation, but I do not think this is the properplace for it. We never do nt things of that sort in this bill. It has noting to do with the consular and diplomatic service.
Mr. CHANDLER. It may just as well go on this bill as any other.
Mr. FESSENDEN. There is no propriety in putting on this bill something entirely in appropriate to it, when there are other bills to which it would be appropriate.
Mr. CHANDLER. I think it more appropriate to this bill than any other.
Mr. FESSENDEN. There are no consuls buried there.
Mr. CHANDLER. It is a matter brought to our notice by a recommendation of one of our consuls. I think it belongs quite as much to this bill as to any other.
Mr. FESSENDEN. I do not think it is to be put. on the consular and diplomatic bill merely because a consul advised it, when there are other bills to whichit would be appropriate.
Mr. CHANDLER. The committee thought it better to put it on this bill, and therefore in strncted me to report it here.
Mr. FESSEN )EN. Probably it did not occur to the committee that this was not the properlace for it. A
Mr. FESSENDEN. The mise ellaneous appropriation bill at the end of the session; it WOtlltl be very )IOPEIthere.
Mr. SUMNER. 1 am sure that more than once similar appropriations have been put on this bill. I remember that at least once I moved such nn appropriation to the civil and diplomatic bill to repair the cemetery at constantine ple.
Mr. CHANDLER. Underhis supervision. I think this is the place for it.
Mr. SUMNER. I think it may come in here.
Mr. FESSENDEN. If it is a properappropriation I suppose there will be no harm one by putting it here; but I should like to hear the evidence.
The Secretary read as follows: The ComCommercetowhomwasreforred the letter of lion. William 11.Seward, SecyState, hearing date March 5, 1566, indorsing communications from Marcus Ottenberg.relative to the conditionof the americancemeteryat the cityof m exico, reor: That by the provisions of the act of Congress approved SeptemberiB.1850.$10,000 asnppropriate for purchasing. walling and ditching a.pieceoflnnd ngeroaurntdhe city of Mexico for a cemetery or burial for such of the officers and soldiers of our Army as fell in bottleor died in and around saideity and for the interment of American citizens who had died or may die in said city. The moneythus approprinted was exended by direction of the President of the U.S. for the objectspecifiedin the act. 750 American officers and soldiers who died in and about the city of Mex ico during the war, were interred in the ground thus acquired and sincethe warnlargo number of Amor lcun citizens have also been interred there. The American consul now representsthat the cemetery is in a neglectedand dilapidated condition and estimates that it will require81,500to repair the come lcry. th c: extons house, and for other necessary repairs in and about the premises. The committee What place would be Is the money to be recommcpd that 81,500be appropriatedfor the purposespecilied, to be expendedunder the direction of the President. The ainendmentrwas agreed to.
Mr. GRIMES. That is not the suggestion I made. The suggestion I made in a w isper, which the Senator seems to have heard, is that
Mr. Pike, the gentleman to whom he alludes, in a letter to me ridiculed this whole proposition.
Mr. SUMNER. I think he must be the only one, then, that does it.
Mr. GRIMES. That may be. correspondence with an but him.
Mr. SUMNER. I should like to see the letter.
Mr. GRIMES. I think the Senfrom Maine has seen it.
Mr. SUMNER. Very well. I will finish what little I have to say. I can only say, that from my experience in this matter, with some opportunities of observation and reflection, and with no personal interest in it whatever, with no desire to advance the interest of any human being, and at this moment having no one of our functionaries in view, simply speaking for the interests of my country, as I understand them, abroad, Iam satisfied that they would be promoted by this change and now comes the remark of the Senfrom California that next year will be the demand for an increase of salary.
Mr. CONNESS. Perhaps it may be a year further on.
Mr. SUMNER. perhaps the year after, or ten years from new. I do not know that it may not come" but I bring this forward in good faith. I do not bring it forward merely by myself; I bring it forward now as the Representative of the ComForRel on this floor, after having carefully considered it, and believing, as I do, that the public interests will be promoted by it. Now, a question may arise as to the form in which it is presented. I should like to have the Secretary read the proposition before I comment on it.
Mr. SUMNER. But there is no salary; the salary would not up ly. The object of my amendment is to supply the salary in such cases. That is all. a have heard it observed that though the President may now, under the Constitution, appoint to any place an envoy extraordinary and minister plenipotentiary, he is, to a certain extent, restraine in the exercise of that power by the want of an appropriation to support an envoy extraordinary and minister plenipotent iary at such a court. This proposition meets that difficulty precisely. It empowers him, if he sees fit at any court, to raise the minister resident there to the rank of envoy extraordinary, to transfer the salary which he now has as minister resident to the other office. Legislation is required to enable him to do that. I come again, then, to the simple question of expediency in the case. That is to be determined, I take it, by the testimony we receive from Europe. Is ould certainly be disposed to respect very much the testimony of the Gentleman whom the Senfrom Iowa notes if it were given fairly on the facts. that is the reason why I said I should like to seejiis letter. I should respect it very much; but then I am free to say that I speak on this matter somewhat from my own individual observation for many years, almost for my whole life; and I have no hesitation in giving the opinion that the diplomatic interests of our country in Europe, at the courts where we are now represented by ministers resident, would be promoted by this change; and that was the opinion of the committee with which I have the honor to be associated, after the most careful consideration of it, not only this year, but during some cars past.
Mr. WADHl Perhaps I on ht to say a word on this subject, as I 1st move itin committee. I did so upon information which I had received from some of our ministers abroad, gentlemen with whom I wasformerly acquainted, who in letters to mementioned that they were laboring under this disadvantage not a disadvan tage to themselves, but a disadvantage to the country. I an pose the object of sending a minister abroa at all is that he may have a position which will enable him to exercise as much influence as the Government that sends him can properly clothe him with.
Mr. FESSENDEN. I should like to know the name of the Senators correspondent.
Mr. SUMNER called for the yeas&nays, and they were ordered.
Mr. SHERMAN. Since the yeas&nays are to be called I feel bound to state, very briefly, the position I occupy in regard to this matter. I am perfectly willing, in order to meet the argument of my colleague and of the Senfrom Massachusetts, to give the rank provided for, but I do not Wish to do it in such a way that it will inevitably draw with it an increase of pay. The objection to the amendment propose by the Senfrom Massachusetts is t is: the law now confers upon an envoy extraordinary the salary of $10,000 a year; it is so fixed by law, and at the next session we shall undoubtedly have an application from every person appointed under this proviso for the legal salary, and we cannot refuse to grant it to him. The legal salary affixed to this title of envoy extraordinary and minister plenipotentiary is by the law, 1st, $17, 500 to a certain class named, then to another class $12,000, and to another class $10,000, and this compensation being fixed by law the persons apointed under this proviso will an doubtedly apply for the sale. I have submitted to the Senfrom assachusetts an additional Section that will accomplish his object and the object of my colleague without involving this danger, and if that amendment is satisfactory to him he now has it before him I am perfectly willing to vote for it.
Mr. SUMNER. Very well. This would practically carry out the idea the committee a
Mr. SHERMAN. I ask that it be read, and I do not think anyone will object to that.
Mr. SUMNER. Let it be read. I do not think it quite so precise and pertinent to the case as the reosition of the committee.
Mr. SHERMAN. It avoids the objection which I have suggested.
The Secretary read the amendment suggested by Mr. SHERMAN, as follows: Abife: That the salary of envoy extraordinary and minister plenipotentiary to countries not specially named in scheduleA, of the not. approved August 18, 1856, entitled "An act to reu late the diplomatic and consular systemsof the ni gdagtates." and to be hereafterappointed, shall be t,
Mr. SHERMAN. The language of the sched ule already read by the Senfrom Massachusetts, is, that the salary of envoy extraordinary and minister plenipotentiary to “Great Britain and France” shall be “each $17, 500;” to “Russia, Spain, Austria, Prussia, Brazil, Mexico, and China, each $12,000; all other conntries,each $10,000.” We have no envoy extraordinary to any other country than those named specifically.
Mr. FESSENDEN. Your amendment will reduce them to $7, 500.
Mr. SHERMAN. No, it only affects the 3rd class and no other. It says “in countries not specifically named in schedule A” the salary of a minister plenipotentiary shall be $7, 500.
Mr. FESSENDEN. Now the salary of those not named is $10,000. By this you reduce it to $7, 500.
Mr. SUMNER. There are none now appointed under the 3rd clause.
Mr. SHERMAN. There are none under the 3rd clause of this schedule. There are ministers plenipotentiary at $17, 600, and some at $12,000, but none at $10,000. None have been appointed under that 3rd clause; so that the effect is to provide that the compensation of an envoy extraordinary and minister plenipotentiary and of a minister resident to all the countries not specificall named in this schedule shall be $7, 600. that gives them the incidental advantages of getting in to see the king a little sooner than otherWise.
Mr. SUMNER. I am perfectly willing to accept that substitute.
The PRESIDING OFFICER. The Senfrom Massachusetts can withdraw his amendment by unanimous consent, the yeas&nays having been ordered.
Mr. GRIMES. I trust this amendment will not be adopted, because it will do away, I apprehend, with the real spirit that instigated the original proposition, which was to follow up the honor with the purse. Some of these gentlemen have peculiar claims upon this government for the consideration that it is prosed to bestow upon them. The gentleman mm whom the Senfrom Ohio [Mr. Wane] received his letter on this subject, urging that we should pass a law to this effect, has a ecu liar claim upon the Government of the Lnited tes.
Mr. WADE. I did not say that he asked us to pass any such law. I said that I understood from him that he labored under this ditheulty.
Mr. GRIMES. Yes, sir; that he labored under this difficult, and the natural inference would be that he csired to have the difficulty removed; and the Senfrom Ohio, in his capacity as one of the members of the ComForRel, has proposed to remove it by elevating him in rank. e is the gentleman known to the country as the man who telegraphed to Charleston, SCarolina that Fort Sumter was about to be relieved, an the result was that fire was immediately opened by the rebels upon the vessel that went there to relieve the beleaguered men in that fortification.
Mr. James E. Harvey was the man, and stands on the record as the man and I am preared to prove it who telegraphed through to harles ton that Fort Sumter was about to be relieved, and in consequence of that the rebel fire was opened upon ort Sumter. He is the man who has within a short time written a most infamous letter, written as it was by aminister representing this country abroa, to the SecyState which he has seen fit to publish in the New Lfork Times. I have only seen copious extracts from it and have not had an opportunity to read the whole of it, in which be de nounced Congress in the most unmeasured terms, and if I understand the force of Ian age he intimates that it would be well for the POTUS to eject us from the Halls of Congress. This is one of the Gentlemen whom it is proposed to elevate in rank from ministers resident to envoys extraordinary and ministers plenipotentiary. Now, Mr. President, if we are oing to give him the honor let us not cut ourse ves 08 from the opportunity, at a future day during this session, or when the consular and diplomatic bill shall be under consideration at the next session of Congress of also conferring upon him a part of the Treasury of the U.S. in consideration not only of the services that he renders as foreign minister, but also in consideration of the services he rendered to the country while he was here, and the services he is renderin to us by the private communications whichfiie keeps up with the SecyState and which the SecyState publishes as electioneering documents in his organ in NewYork.
Mr. WADE. I am very sorry that on a question of this sort, which is purel of a public character, having no reference that I know of to the conduct of any individual on earth, the character of a gentleman should be dragged in here to be stigmatized before the public when there is no occasion for it. If the Senfrom Iowa has any particular grief against this minister I wish he had taken some other way and some other occasion to vent his feelings on the subject. I do not think that this is the place or the occasion or the issue for that kind of spleen. The gentleman has gone back to the time the rebels fired on Fort Sumter and the communication that he says
Mr. Harvey made to them. I know something about that letter. Itwas investigated at the time, when
Mr. Harvey was most ungenerously charged with about the same thing that he has been charged with here today. All that he did all his communications with SCarolina, with everybody, and anybody was done with the knowledge of the President and his Cabi net, and at their request.
Mr. GRIMES. That is not denying what I stated.
Mr. WADE. It is not denying it, but it is taking the sting out. of it. If he was acting in conformity to the wishes of his Government he was not in communication with traitors, unless they were all traitors together, which the gentleman will not pretend. Now, sir what has the character of Mr. Harve to do with the question that is before us? "his proposition oes not a ply to any minister in particular. If 1/2 what the senator has said is true, and if the authorities that govern
Mr. Harvey do their duty, he will not e minister very long. If he uses his position to assail congress and to put up the POTUS, as many have done, to drive congress out, if the President ought not to be disp aced, he will not leave this minister one hour in his position after such advice. I know nothing about that. I am not the advo cate of any man or any mans conduct here, and least of all do I wrsh to discuss a gentlemans character here upon a question in which it is not involved and having nothing todo with it. Sir, what is the question? It is no more nor less than this: have we given our ministers abroad that rank that enables them to be as useful to the country as they are capable of being if we bestow it upon them? that is all there is of it. I do not wish to confer rank upon any man in order to gratify any vanit he mayhave on the subject. I care nothing 9. out that. That is the furthest thing. in the world from my intention. But as I said before, if there are different grades and ranks of these diplomatic agents, and in Europe some are considered of more influence and respectability than others, it does not become a great nation like this, in my judgment, to put its diplomatic agents upon the lowest footing where theywill be considered by European Governments as standing in an inferior position; and that applies to the whole of them not to Mr. Harvey any more than the rest of them but to all of them together. Why, then, discuss the character of a sin Is one of our diplomatic agents in order to great this question or to explain it? It has no bearing upon the question, and ought not to have been introduced here.
Mr. JOHNSON. What letter does the honorable member refer to?
Mr. FESSENDEN. I refer to aletter which is said to be printed I have not seen the letter itself in the NewYork Times. It is reviewed in an article sent to me in Wilkess Spirit.
Mr. FESSENDEN. The review I saw was in Wilkess Spirit, in which it was stated that it was a letter published in the NewYork Times, and directed to the SecyState. I thought very well of Mr. Harvey when he was here. He was have good correspondent, and very much of a gentleman in his manners, and a man of talent undoubtedly. Whether this is true or not, I do not know; I only say, if he has written such a letter, I do not know that he has expressed opinions with reference to conss that would be at all disa reeable to the SecyState. I presume eknew to whom he was writing, and how his letter would be received.
Mr. JOHNSON. If the honorable member will permit me, I will say that I think there must be some mistake about it.
Mr. FESSENDEN. I do not believe there is a particle. Wilkes publishes a part of the letter. I hope there 1s, for the credit of Mr. Harvey.
Mr. JOHNSON. I do notknow that Wilkes is the highest authority in the world.
Mr. FESSENDEN. He gives extracts from the letter.
Mr. JOHNSON. There maybe in the letter, taken in the whole, matters that eXplain away particular extracts.
Mr. FESSENDEN. They cannot possibly pxplain the language that was quoted mm the etter.
Mr. JOHNSON. Do I understand it to be a letter to the Dept?
Mr. FESSENDEN. So I understand. I cannot say that the letter exists, because I have not. seen it, but I have seenwhat purported to be extracts from it published in Wi kess Spirit.
Mr. JOHNSON. It would be an extraor dinary thing, and the fault almost as much of the Secretary as of the correspondent, if he has received an otficial letter from a minister abroad censuring Congress and published it.
Mr. FESSENDEN. It was not an official letter. Letters are marked “ oflieial, ” I believe, where they are particularly meant to be kept private; if not marked “ official” they may be published. I suppose this was written for publication.
Mr. JOHNSON. That would make it no better so far as the Secretary is concerned.
Mr. FESSENDEN. With the opinion the honorable Senator may have of the Secretary I have nothing to do. I have never compared notes with him on that subject. I am not commenting on the Secretarys conduct in ub lishing the letter, if it has been published? I only say that if such a letter was written by Mr. Harvey to the Secretary, he understood Eerfectly wellto whom he was writing, and how it would be received and appreciated.
Mr. JOHNSON. The honorable member from Maine does not seem to understand me in what I said just now.
Mr. FESSENDEN. I beg the Senators pardon.
Mr. JOHNSON. What I meant to say was that Icould hardly believe it possible that the SecyState would publish, or consent to have published, a letterwritten to him, whether official or private, censoring Congress. If he has done it, what I did say was, that I think he has offended just as much againstgood taste, to say nothing stronger, as the writer himself.
Mr. FESSENDEN. I do not remember the particular language; I only remember, generally, in casting my eye over it, that itwas very offensive. I cannot say that hementioned congross specifically, according to my recollection, but it was easy to understand it.
Mr. JOHNSON. I think we ought to see it.
Mr. FESSENDEN. However, with that I have nothing to do further than this: I was merely saying that so far as I knew and I beg the Senfrom Massachusetts and the Senfrom Ohio to correct me, if I am in error there is no man abroad who has written on this subject or said anything about it except these 2 gentlemen, the minister to Belgium and the minister to Portugal. If there are any Others, I should like to know it. I can understand, with regard to those gentlemen, why they would like it verywell indeed. The only question for us to consider is, in the 1st place, the danger that will arise hereafter with reference to salaries, which may be greater or may be less; and, in the next place, whether it is advisable to take it for granted, as is stated here, that the rank and influence and power of this country depend upon whether these Gentlemen who represent as are called one thing or another. I do not believe it. lfI thought the rank or influence or position of the country abroad depended upon the rank or titleof its diplomatic representative, instead of depending upon what the country is and what it is known to be, I might vote for the amendment; but merely to gratify these gentlemen I do not think it is right.
Mr. SUMNER. I have no feeling on this qnestion at all not the least; nor do I approach it as a political question. I see no individual in it. I do not see Mr. Harvey or Mr. Sanford. I see nobody here to oppose and nobody to favor. I see nothing in it but my country and its service abroad. Sir, I think I am as sensitive as any other Senator with regard to that just influence that belongs to my country as a republic great and glorious in the history of mankind. I believe that I am duly proud of it, and conseious of the weight that it ought to carry wherever it appears. Iknow that the name of my country stands for something now in the world, and that whoever represents that country on the ocean or in the diplomatic service has, alone, agreat and powerful recommendation. But I also know too much of human history and too nfuch of human nature not to know that men everywhere are influenced more or less by the title of those who approach them.
Mr. FESSENDEN. Governments are not; men may be.
The PRESIDING OFFICER, (Mr. Ponnnov in the chair.) Is the Senate ready for the question?
Mr. SUMNER. I think I should prefer to have the vote taken on the proposition as it came from the committee. On considering the other proposition I see that it requires some amplification in order to be perfect yclear and not to come in contact with one or 2 appointments that have already been made under the old statute. For instance, we have envoys extraordinar and ministers plenipotentiary at Chili and at are. They are notin the sched ule. They come under the 3rd clause of the statute. I think, therefore, if the Senate are disposed to adoptthe conclusion of the committee, they ha better follow the proposition which has been most carefully considered and digested and I think is in complete harmony with the existing statutes.
The PRESIDING OFFICER. The question then will be on the amendment reported by the ComForRel, upon which the yeas&nays have been ordere. the question being taken by yeas&nays, resulte yeas15, nays 17. So the amendment was rejected.
Mr. GlilMES. Why not include the Sand wich Islands?
Mr. SUMNER. That has already been done. It was done last year. Our representative to the SandwichIslands is now c led a minister resident.
Mr. FESSENDEN. I will ask the Senator if it will increase the salaries.
Mr. FESSENDEN. The one at Liberia. now gets $4, 500.
Mr. FESSENDEN. This will give them $7, 500 each.
Mr. SUMNER. Dominica $7, 500 and Li beria $4, 500. No increase of salary isintended, and I will add to the amendment the words “with no increase of salary.”
Mr. FESSENDEN. I should like to hear the amendment as it now stands.
The Secretary read it, as follows: and the title of these diplomatic rercsentatives shall hereafterbe minister resident an consul General, with no increaseof salary. The amendment was agreed to.
Mr. SUMNER. I move to insert on page 5, line 108, after the word “ Nantes” the words “ StCatharines, in Brazil.” I am directed to make this motion by the committee which I represent.
Mr. FESSENDEN. should like to hear the reasons fordt.
Mr. FESSENDEN. I suggest to the Sena; tor that he had better insert.it after the word f Barcelona, ” in the 106th as.
Mr. SUMNER. Very well; I will move to insert it after the word “Barcelona, ” in the 106th line. The amendment was agreed to.
Mr. SUMNER. I have another amendment tIo offer, to come in at the foot of page 6, which send to the Chair: For further compensation of the commissioner under the treaty between the U.S and her Britannie Muhcsty for the final settlement of the claims of the ui sonsBay and Puget Sound Agricultural Companies 83,000.in full for his services and personal expenses.
Mr. FESSENDEN. I think it is a private claim.
Mr. SUMNER. Oh, no, it is not. for salary.
The PRESIDING OFFICER. The communication will be read if there be no objection.
The Secretary read it, as follows: ALBANY. April 28, 1866. Dana SIR: When it was proposedto me to accept the place of U.S. commissioner under the treaty for the final settlement of the claims of the Hudsons Bay and Puget Sound Agricultural comapics it was understood that the matter would be finished in 4 or 2 months. I was appointed in It is commissioner until the succeeding January. c then found that looking to thenature and flivity of the claimsamounting to$00,000 and invo ving very important questions of public law aswell as a dilli cu t inquiry offact. we werenot in the possessionof the requisite evidenceon which we could proceedto a decision. We theretoroseton foot the procurement oftestimony on the part of the claimants of the U.S and it is now aseertained that the matter will not be ripe for hearing beforeJanuary.1807. You Will readily understand that this is a.verydifferent state of things from that contemplatedwhen the compensationof the cpmmissinnerwas fixed and that an engagement of this sortinterferes necessarily with other associations. Under these circumstances I think it right to ask that Congress should make a further provision upon that subject. Your obedientservant. ALEXANDER. S. JOHNSON. Hon. IRA Ennis. U.S. Senate.
Mr. FESSENDEN. I should think this was a case where provision ought to be made; but the question in my mind is, whether it may not be considered in the nature of a private cla, and if so, improperly on this bill. It so ms that the original law provided that $5,000 should be aid in full for these services. That $5,000 be his received, and he has gone on to perform services which were not anticipated at the time the law was passed and he accepted the office. Now, if he has a claim upon grass on that account, it should be provided or in an act passed for that purpose, and I raise the point for the decision of the Senate. It strikes me it comes entirely within the rule.
The PRESIDING OFFICER. Does the Senator make the oint oforder?
Mr. FESSENDEN. Yes, sir. I make the point that this is a private claim and cannot be at upon an appropriation bill.
Mr. HARE. It really seems to me there is but little in this point of order. This Gentleman has been performing services for the Govewment for now nearly a year and a half for which he has received $5,000. He is still to go on and complete those services. I admit that when the provision was made for his compensation it was su iposed that those services would be of much less value than they have proved to be. Under the circumstances, he asks for further compensation for services S. yet to be rendered. It cannot be regarded on. July, 1864b.ut did not.succeedin meeting the biiti h. as a private claim. He is to go on for the best part a year yet in performing and completing the services for Wild] he was a pointed. It seems to me to come directly with iin the prov ince of abill of this kind to provide for services yet to be rendered.
Mr. FESSENDEN. I suggest to the Senator that perhaps the difficulty may be avoided if the nmendmenti. but in adifferent shape. If the Senator will over an additional section to the bill providing that the services of Mr. John son may be continued until asecified time, making it a provision of law, an that for the additional services to be performed by him he shall receive the sum of $3,000, I suppose if it is recommended by a committee, it would be in order. But simply to put in this bill an appropriation of $3,000 in this way I think is out of order. I make the point in this case reluctantly, but I make it because I feel obliged to make it. The law is exhausted. If he has rendered these services it is a claim against the Government. If you want to provide for a continuance of these services, and payment for them, that can be done in a separate section.
Mr. JOHNSON. It comes recommended from the committee, does it not?
Mr. FESSENDEN. Not in the sha e that I suggest. It comes from them more y as a recommendation of $33,000more to be approprinted.
Mr. JOHNSON. It does not come in the shape the Senator suggests, but the honorable chairman of the ComForRel can put it in that shape.
Mr. SUMNER. Iwill put it in any form to suit the views of Senators. The vot cof the committee was that the chairman be directed to move on this appropriation billan additional $3,000 for Judge Johnson as further compensation for his services.
Mr. JOHNSON. I suggest to myfriendfrom Massachusetts to let the amendment be passed over for a moment, and then he can reraw it so as to meet the suggestion of the chairman of the ComFinance.
Mr. SUMNER. I am perfectly willing to accept any form. I will draw it to meet the suggestion of the Senfrom Maine.
Mr. NESMITH. I have some familiarity with the proceedings of this commission, having been belpore it several times to testify, and know perhaps as much as almost any person of the facts to be brought before them for decision. The commission I do not think will be able to get through in ayear. The amount of business before them is very great, and the testimonyis scattered from the summit of the Rocky mount ains to the Pacific ocean, and u and down the ocean for several degrees of latitude; and I do not apprehend that they will get through in a year. I think if any provision is to be made for extra compensation or increased compensation to Judge Johnson it should be made now. He has served very much by end the time that the compensation provided or by law was ade quate to; and I do not believe they will be able to complete the business in less than 12 or 18 months. They have to take a great deal of testimon.Ihope, therefore, that the amendment will adopted to this bill.
Mr. HENDRICKS. It does not strike me that this amendment is a violation of the rule of the Senate. An existing law provides a compensation for this officer. This amendment simply changes that compensation. The existing law says his compensation shall be $5,000. This modification of the law is that it shall be $8,000. In view of the services rendered, the Senate can judge better now of what they are worth than before the services were rendered at all. If the services were entirely completed, I think the point made by the chairman of the ComFinance would be well made; but as this is, during the pendency of the service, a modification of the rule of compensation, I cannot see that it is a private claim.
Mr. FESSENDEN. I felt it my duty to raise the point. If the Senate overrule me, I cannot help it.
Mr. HENDRICKS. The Chair is to decide the question.
The PRESIDING OFFICER. The Chair prefers to take the sense of the Senate on the question whether the amendment shall be received in the form in which it is now offered. The question being put, the amendment was receive.
The PRESIDING OFFICER. The question now is on the adoption of the amendment. The amendment was agreed to.
Mr. SUMNER. I offer this to come in as a new section after section two: and be“ Abife: That there he paid to the several clerks of the Dept of State. 20%. of the compensation now allowed to each, to commencefrom the30thofJunc, 1865, and to continue until repealed by congress; and a sum sufficient for this purposeis here y appropriated out of any tuxneys in t a Treasury not otherwise appropria.
Mr. FESSENDEN. I hope that will not be adopted.
Mr. SUMNER. I send to the Chair a petition that has been pending for some time before the committee on this subject, which I ask to have read.
The Secretary read as follows: to the Senate and HoRep The petition of the undersigned, clerks in the Dept of State. humbly represent that their sal aries which were fixed when gold was current and the riccs of the necessariesof life were comparative y low, are now entirely inadequate to their support with the mostrigid econony. Indeed, some of them who have been more fortunate than others in the cmoyment of sm allincomesfromprivate sources, haye from time to time been obliged to sacrificethe principal from which those incomeswerederived, to provide themselves and their families with shelter amnidghttheeaprlnaimneosrteclbothionbgtaainndinfgooedm. pMloaynmye onft tehlesem where, but some o ftesehave beenso long in office, that in all humility. they deem it their duty to remain until it shall be ot ierwise decreed, at almost apneyriesnacccrifiwcheic, bhetliheevying that the knowled e and exhave gained is not t cir property. but a valuable one to the public, in whoseser vice those qualifications have been acquired. At the last sessionof Congress an appropriation was made for additional compensationto c orks in the Treasury Dept. Your petitioners haveno doubt of the Wisdom of that measure, but regret that ihcy may not have been deemedworthy of a similar oon, Supposing, however, that the apparent partiality srpigfhertred to may have been occasionedby an over yourpetitioners appeal to your senseofjustice to place them on a similar footing with the clerks in that Dept in respectto compensation and your petitioners. as in duty bound, will so ever pray. W. HUNTER. GEORGE E. BAKER, JOHN A. JONES. B. S. CHEW. WILLIAM HOGAN.
Mr. S. CllEL N, JOSEPH SMITH. H. D. J. PRATT THOMAS 0. coat. HJO. HRN. DE LA REINTREE. P. POLK. w. MARTINWE. iONEs. THEODORE w. DIMON, E. HAYWOOD. JGOEHONRGKERGA.NGSAEI.THER.
Mr. IiyESSENDEN. What the Senator has said shows that he has not investigated the subject about which he is speaking. In the 1st place, the salaries of teclerks of the Treasury Dept generally have not been increased at all, in any way.
Mr. MORGAN. That bill has not yet been passed.
Mr. FESSENDEN. No, sir. The Senfrom Massachusetts will have abundance of time to get information on this subject, and prepare his amendment, and move it on that hill; but it should not be placed on this bill. In the 1st place, the amendment is improper. It raises the whole of these salaries 20%., without any distinction, without our nowing anything about it; and then it is put in the wrong place. Therefore I object entirely and absolutely to this proposition. But while doing that, I cannot close without saying that I concur fully in all that has been said by the honorable Senfrom Massachusetts with reference to the merits and the claims of Mr. Hunter, the chief clerk of that Dept. He has been there for years, and especially through the war, without saying a word, on a very inadequate salary one of the most faithful and valuable men in the Government. He is absolutely oor and hardly able to se ratch along. Much of the time he has been acting SecyState. He has received but a small salary without complainin, absolutely poor, with a family upon him. e is one of the moat valuable men there is, or has been, connected with the Government for years. I coincide with what the Senfrom Massachusetts said of him, and I think we ought to increase his salary. That is my opinion, and I should be glad to have an opportunity to do it.
Mr. FESSENDEN. This is not the place to put it on, and I object entirely to having it here. Why insist on having it here?
Mr. CONNESS. I hope the Senfrom Massachusetts will withdraw the amendment now pending and substitute for it a proposition to increase, and increase to a respectable extent, the salary of Mr. Hunter; and Ibeg to so to the honorable chairman who has this bil in charge, that although it may appear irregular to affix it here, the compliment well deserved will be the greater to Mr. Hunter if we embrace the earliest opportunity to render him a measure of simplejustice. I will not undertake to add anyting to the well earned reputation of that distinguished gentleman and v I have a faithful public servant; but I am prepared to say that, notwithstanding the objections of the chairman of the ComFinance, Iwill vote on this occasion or any other occasion to increase Mr. Hunters salary; and I hope the honorable chairman will not object to it on this bill.
Mr. FESSENDEN. I will very thoroughly throughout, because it is irregular. There is no occasion for putting on here what belongs to the other bill. There is no reason why it should be put in here. He will get his money just as soon if we increase his salary on the other bill as on this.
Mr. SUMNER. The Senate seems not disposed to accept the proposition in the form in which I have presented it. I had thought that the form which is now on your table would on the whole be the most acceptable, and I thought also it was in harmony with what had been done with reference to the Treasury De art ment. I am to a certain extent correcte by the Senfrom Maine in that respect, thong the Senate will observe that the statement in the petition which has. been read at. the desk is to the effect that the clerks of the Treasury Dept have had an increase of 20%. on their compensation. That is the statement there. I confess I made no inquiry on that subject. I took the statement as it appeared in that petitionI and I thought it advisable that what we did should be applicableto all the clerks in the Dept of State; but Senators around me seem to think otherwise; I do not. wish to have a division upon it; and therefore I will withdraw that proposition.
Mr. SUMNER. At the same time I thank my friendfrom California for the earnest support which he promises in advance to the amendment which propose to substitute in its place; and I thank the Senfrom Maine or the good words which he has said in favor of the proposition practically; and I think I shall show in one minute that the objection of form which he makes does not apply. I will send, therefore. to the Chair this proposition, which, as it is in my own handwriting, I will read: That the compensation of William Hunter. Esq., chiefclerk of the Dept of state, beat the rate of $3.500aycar: an asutiicient sum is hereby afi peopriated for this purposeout.of any moneysin the easury not otherwiseappropriated.
Mr. SUMNER and now for the question of form; this amendment is to come in after section 2, which is in these words: That the President be, and he ishereh.authorized to a point. by and with the advice an consent of the irate. an officerin the Dept of State, to be called " Solicitor of the Dept of Stato, at an annual salary of.
Mr. SUMNER. Isay that is here now; and I say, because that is here now I put immediately after it the proposition with reference to Mr. Hunter. If this proposition with reference to the Solicitor is properin form, on this bill, all the Senate will see that the proposition with reference to the chief clerk of the Dept of State must be equally in form. Ihere can be no objection to one, in point of form, which does not hold to the other. Now, I am in favor of both propositions; and even if either proposition should seem to be a little out of the way, a little of a deflection from that straight line which the Senfrom Maine likes to run with in all his appropriation bills, {etI think the goodness of the cause which he imse lf has so ably commended must induce him to forget for a.moment the steriiness of duty and to allow his bill to depart for a moment from that straight line which he likes so much to pursue. I think, therefore, the objection of form fails simply because in this very bill we have another proposition which has already passed the HoRep, which has passed the committee that the will get u ator SenfromMaine represents on this floor, which in point of form is identical with that which I now otIcr.
The PRESIDING OFFICER. The amendment will be read.
The Secretary read the amendment, which was at the end of section 2 to insert: and that the comemotion of William Hunter, Esq., chief clerk of the Dept of State.be at the rate of $3, 500a.nd a sutficient sumis herebyap propriuted for this purposeout of any moneysin the Treasurynot otherwiseappropriated.
Mr. GRIMES. Everybody agrees that Mr. Hunter is a ver valuable public servant, and has been for a ong time, and I suppose that everybody would be willing to recognize his services in making him proper compensation; but it seems to me the form of this is exceedingly objectionable. If we adopt this and specify today that such a sum sha l he paid to illiam Hunter, as chief clerk of the Dept of State, tomorrow some other Senator and pronounce it eulogy on some other cler of the Dept, and propose to give him a higher salary.
Mr. SUMNER. When that is done we shall consider that case.
Mr. GRIMES. But we shall have our propriation bills loaded down; that is exacatpy the way it will be done. It will be done when ever an appropriation bill comes up, and we shall be place here in a very delicate situation.We shall be called upon to pass on the merits of men that we know, that we meet every day in social life, and whether we decide for them or against them will be considered according as we may vote.
Mr. CONNESS. There is not another case like this in the public service.
Mr. GRIME. I am not certain of that. There are men who have been in the public employment here for 40 years, and who have done labor just as assiduously, probably, as Mr. Hunter. hey and their friends think so, at an rate. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, May 16, 1866. The House met at 12 oclock in. The Journal of yesterday was read and approved. RICHARD CHENERY.
Mr. McRUER, by unanimous consent, introduced a bill for the relief of Richard Chcuery; which was read a 1st and 2nd time, and referred to the ComIndAffrs. SAFETY OF STEAMBOAT PASSENGEBS. Mr.WASHBURNE, of Illinois. Mr.Speaker, there is a bill which has been ordered to be reported by the ComCommerce in regard to the safety of passengers on steam boats. It contains very many important provisions which the public interests demand should be passed Without delay. As I am compelled to be away after today, the committee have instructed me to ask that the bill shall be considered this morning. It contains a provision in reference to nitro glycerine, a new and dangerous substance. It also contains a provision in reference to crude petroleum. A construction has been given to the law which prevents the shipment of that article. The committee, after full examination, think there should be a modification of that rulin as it interferes with commerce in this must valuable product. It is House hill 0. 477, further to provide for the safety of the lives of assengers on board of vessels propelled in whole or in part by steam, to regulate the salaries of steamboat ins ectors, and for other purposes. he bill was read.
Mr. ANCONA. I ask whether the bill contains a.provision regulating the compensation of ilots on the Ohio river.
Mr. WASHBURNE, of Illinois. Nothing whatever regulating the compensation of pilots. There is a provision in regard to pilots, but it has nothing to do with compensation.
Mr. BERGEN objected, but afterward with drew his objection.
Skip Skip The bill was ordered to be ergrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. FINCK demanded the yeas&nays on the passage of the bill. The ens&nays were not ordered. The bill was then passed. Mr. WASHBURNE, of Illinois. mtRtv just taken; on the table. Agreed to. CONTESTED ELECTION.
Mr. DAWES presented additional papers in the case of Fuller as. Dawson; which were referred to the ComElections. CORRECTION 01?THE JOURNAL.
Mr. DARLING. I rise to a question of privilege. I am recorded as not voting yesterday on the proposition to strike out the 9th section of the bill to amend the or nic acts of the Territories. I never dodge. voted in the negative on striking out that section.
The SPEAKER. The Clerk did not hear the gentlemans response. The Journal will be corrected. PERSONAL EXPLANATION.
Mr. SCHENCK. Iam recorded as not voting on the proposition to strike out the 9th section of the territorial bill. The reason was that I happened to be absent. I was called out by a constituent. Had I been here I would have voted against striking out that section.
Mr. (IOBB I, too, was absent when that vote was taken. I would have voted against strikin out the 9th section. I was attending to my uties as chairman of the ComEnrollBill. ORDER OF BUSINESS.
The SPEAKER. The 1st business in order in the morning hour is the calling of the committees for reports, commencing with the ComPatents. DELIA A. JACOBS.
Mr. MYERS, from the ComPatents, reported a bill for the relief of Delia A. Jacobs; which was read a 1st and 2nd time. The bill was read in full. It authorizes the ComrPatents to extend the patent for an improved method of dressing tree nails for 7 years to Delia A. Jacobs, late Delia A. Fitzgerald, the original term having expired August 28, 1863.
Mr. TAYLOR. I call for the reading of the report.
Mr. MYERS. I will explain this in a few words. The bill is simply to correct an error that occurred in the Patent Office. An extenIsion was refused on the supposition that certain testimony, showing that the extension was to inure to the benefit of the applicant, was not submitted. The Commissioner appeared before the committee and stated that the evidence was in his office at the time, but was not brought to his notice. We desire to correct that error and allow the extension.
Mr. TAYLOR. I ask the Gentfrom Pennsylvania when the patent expired.
Mr. MYERS. It expired August 28, 1863. The aplication, however, was made in due time. Further than that, there is a provision in the bill to prevent any injury accruing to others by the delay.
Mr. TAYLOR. I would ask whether other persons have not engaged in the business.
Mr. MYERS. It appeared fully that no other persons have been using this patent since its expiration. There is a general desire that this udministratrix, who was the widow of the at eutee, shall have the benefit of the extension.
Mr. TAYLOR. It seems that it is some time since the patent expired, and other parties may have engaged in the business. :
Mr. MYERS. No otherparties have engaged in this business, so far as the committee have been able to ascertain. There is, as I have stated, a general desire that the error occurrin in the Patent office should be corrected, and that this party should not suffer by it, the requisite testimony having been on file at the proper time. B
Mr. BOUTWELL. I wish to say that from hearing the bill read I do not understand that any person who may have machines for doing this work, which were made during the period of time since the expiration of the patent, is authorized to continue the use of them.
Mr. MYERS. There is a provision incor porated in the bill that no parties shall be held to account for dama cs by such reason.
Mr. BOUTWELH. That is in the bill, undoubtedly; but there is no provision that people who have built machines while there was no patent shall be authorized to continue the use of the same without being liable. That is a well recognized principle in such cases, and ought to be incor orate in this bill.
Mr. MYERS. have no objection whatever to accepting an amendment of that kind, but I think it is alread covered.
Mr. BOUTWELL. I then move to amend by inserting the words “or build or use machines.”
Skip Skip Mr. MYERS. I new demand the previous question. The previous question was 2nded and the main question ordered; and under the operation t iereof the amendment was agreed to and the bill orderengross and read a 3rd time.
Mr. HARDING, of Illinois. I call for the readin of the report.
Mr. YERS. There is a report, but it is lengthy, and to save time I will state the particulars.
Mr. HARDING, 0I Illinois. If the gentleman will yield a moment I will state my objections.
Mr. HARDING, of Illinois. I understand that this case presents these facts: a patent was issued for an invention. which has expired, and the period allowed for an application for an extension of the patent has expired some years since.
Mr. HARDING, of Illinois. How long since?
Mr. WASHBURNE, of Illinois. I will ask the Gentfrom Pennsylvania ifthis [Mr. MiEiis] is the same bill that was rejected last year.
Mr. MYERS. Precisely the same bill which was before the House last year, and which failed because at that time the question asked by the Gentfrom Illinois [Mr. wASH nunxe] could not be answered for want of the necessary testimony before the committee. We now have that testimony.
Mr. HARDING, of Illinois. I wish to call the attention of the House to a practice which I think is a fraud upon the people of this country. After these inventions have been brought before the public, and have probably become of great public utility, and have been enjoyed by the inventor for the period of time provided by the patent laws, the period of the patent expires. After that time, no notice of an extension having been given, the citizens of the country enter into the business of manufactur in the machines thus patented. Mr. MYERS. If the gentleman will allow me a word, I think he need not pursuc that line of argument any further. We have placed in the bill a provision for the protection of all persons such as those to whom he refers.
Mr. HARDING, of Illinois. For all persons who have machines?
Mr. HARDING, of Illinois. I go beyond that. I call attention to the fact that in many instances where patents have expired establishments have been put up for the manufacture of the machines, involving the expenditure l of a large sum of money. They make a few 1l protected by this exception. machines, and the use of those machines is But what is to he done for the large establishments? Why simply this: the renewal of the patent gives the patentee an opportunity to go and levy black mail upon every man. uiakin these machines, or he must shut up shop an sacrifice a large amount of money.
Mr. MYERS. If the gentleman will allow me a word I think I can satisfy him on that point. There was evidence betore the committee that there was no party whatever who had entered into this business.
Mr. HARDING, of Illinois. How search in and general was your investigation “I
Mr. MYERS. Enough to prove a negative preuant, at all events.
Mr. HARDING, of Illinois. I have reference in my own mind to an invention in relation to plows, which expired some years ago. The people of the West and of the country generally entered into the manufacture of that article. There were large shops erected for that purpose. Then comes up an application for a renewal of the atom, and if the inventor obtains the renewal e can go and levy black mail upon all who are now engaged in the business.
Mr. WASHBURNE, of Illinois. Does my colleague refer to the Dundas patent for a cultivator?
Mr. WASHBURNE, of Illinois. The reis sue is to go back to 1851, covering all imrovements since then, and subordinuting al agriculturaljnterests to a few patent sharps.
Mr. HARDING, of Illinois. There is this case then: a man invests money in this manufacture, and as soon as he gets a good start in it the inventor comes here and gets authority from the ComrPatents to go back and levy black mail, and I am opposed to it.
Mr. MYERS. The Gentfrom Illinois [Mr. HARDING] could not have heard the statement I made in regard to this matter. This is the case where the administratrix, lately the widow of the inventor, is applying to have a mistake corrected which occurred in the Pat ent Office. The application was made in time, but was rejected because certain requisite evidence was supposed not to be there. But the ComrPatents reports to the committee that he made amista e, that the evidence was in his office. Even if all the ideas of the gentleman in this case were correct this lady would have the right to a rehearing. But it was further shown that this lady now is almost entirely supported by the little pit tance that has been given her during this in terim, as it was given her during the original term of the patent, by William H. Webb and James Udal, distinguished citizensof NewYork, who obtained rights under the patent.
Mr. HARDING, ofIllinois. I withdraw my remarks as far as they apply to the widow, but I stand by the general principle.
Mr. MYERS. The gentleman may have a weakness for widows; but I have a weakness for justice, and this is a just application.
Mr. TAYLOR. I desire to ask the gentleman one question, and that is this, whether or not this lady has not sold to other parties the interest which this legislation proposes to confer upon her. O
Mr. MYERS. That was the very point upon which the application was rejected in the at ent Office; and the ComrPatents now certifies that there was testimony in his office at the time, that the extension would inure to her benefit.
Mr. TAYLOR. I would like the gentleman to answer that question directly, whether or not this lady has any direct interest in this patent.
Mr. MYERS. Yes, sir; it is upon proof of that fact that the bill has been reported.
Mr. JENCKES. The concluding sentence of the hill answers the gentlemans question. Will the Clerk please read that?
The Clerk read as follows: Am! provirl/H.also. That the commissionershall be satisfied before granting the extension that it will inure to the benefit of said Delia A. Jacobs.
Skip Skip Mr. MYERS. I think that entirely meets the objection suggested by the Gentfrom NewYork, [Mr. I.iYLoit.] now demand the previous question. The previous question was 2nded and the main question ordered, which was upon the passage of the bill. On the question there were ayes 62, noes 31. Mr. WASHBURNE, of Illinois, called for the Keas&nays. the yeas&nays were ordered. The question was taken; and it was decided in the ntiirmative yeas 88, nays 31, not voting 64; So the bill was passed. Mr. MYERS mtRtv just taken; on the table. Agreed to. WILLIAM MANN and JACOB SENNEFF.
Mr. MYERS, from. the ComPatents, reported a bill for the relief of William Mann and Jacob Seiinctf; which was read a 1st and 2nd time. The bill, which was readat length, authorizes the ComrPatents to hear and determine upon the application of William Mann for an extension of is letters patent.dated July 11, 1852, which will exiire July 11, 1866, and upon the application oi Jacob Senneff for an extension of his letters patent dated January 13, 1852, which expired anuary 13, 1866, and to decide upon said applications with like effect as though the said applications had been duly filed 90 days before the expiration of said letters patent; and the ComrPatents is directed to publish forthwith notice of said applications for the extension of said letters patent, with like effect as though said publication had been made 60 days beforethe exiration of said letters patent.
Mr. WASHBURNE, oipIllinois. reart will be read.
Mr. MYERS. There is no report in these cases. I will state very briefly the reasons for the aplications. In tecase of Mr. Mann, he was in Europe, and was not aware that 90 days notice must be given of the application for an extension. 60 days yet remain before the expiration of that patent. In the case of Jacob Senneff, he was in the Army, and therefore could not attend to the renewal of his patent. It is simply to allow the Commissioner to hear as thou li full notice had been given. One lacked 30 days of the time, the party being abroad, while the other was in the service of the U.S.
Mr. WASHBURNE, of Illinois. It is the fanl t of the party if he went “ swelling” through Europe.
Mr. MYERS. I never talk of the gentleman s swelling about when he takes his trips, but I think he is harsh in reference to these parties.
Mr. WASHBUltNE, of Illinois. What are these patents for?
Mr. MYERS.R. Manns patent is for an immvement in copying aper, and Mr. senne s for an improved heddle.
Mr. WASHBURNE, of Illinois. What is a heddle?
Mr. MYERS. A heddle is a part of a loom used in weaving, tart of the harness.
Mr. WASHIZLHtNE, of Illinois. I object to this practice of reportin bills without reports and asking them to be put at once on their passe. e.
Mr. MYIaRS. I think the objection of the Gentfrom Illinois is ca tious. It does not matter what the patent is or, as we do not decide in reference to the extension of these patents. That is aquestion for the decision of the ComrPatents. We have satisfied ourselves the statement is true that the parties did not know their patents were so near their expiration. I will say that I was prepared this morning to report a bill for the relic of William Mann. The case of Sonneff was added to the bill, and very properly, because it had been recommended y the ComPatents, but I was absent when it was passed upon. Both are good cases and stand upon the same round, and it is right they should be embracet in the same bill. I will yield to the chairman of the ComPatents for a moment.
Mr. JENCKES. I wish to says word about the patent of Senneff. It is a case addressed simply to the discretion of Congress. He was one of the persons who originated the Volunteer Refreshment Saloons in Philadelphia, to provide for soldiers passing to and fro through that cit during the war, and afterward be entered tie U.S. hospital service and was detained there during the time his application should have been m e. He lost his chance of obtaining an extension of his patent. because of his benevolence and patriotism. All that We propose is to give him achance to make his app ication is invention is an improvement in heddles, aningenious arrangement for dividin threads in the loom.
Mr. DAWES. The Gentfrom Pennsylvania did not say whether the patent had exired. 8
Mr. JENCKES. It expired in January, 1 66.
Mr. DAWES. What is the condition of the parties who have invested their capital in looms since Januar?
Mr. JENCKES. All who have purchased since then are entitled to use them. It will refer to those only after the extension, if any extension be noted. There is also a limitation in the bil.
Mr. DAWES. If a reissue be granted does it not date back?
Mr. JENCKES. No, sir. The reissue of the patent will not give the patentee the authority to recover a dollar from those who have purchased since January. The committee were satisfied of that before they agreed to report the bill.
Mr. WASHBURNE, of Illinois. I understand this is to covera case outside of the law which requires application to be made within 90 days. The application has not been made here, and these parties are only in the same condition with 100 others. The parties have ne lected to make application.
Mr. JENCK 8. They did not neglect to do so, and that is the reason why we have recommended the passage of the bill. These are exceptional cases.
Mr. WASHBURNE, of Illinois. That is not a sufficient excuse.
Mr. MYERS. My friend, from Illinois having made his speech, I shall in a few moments call the previous question. What I desire to say to the House, and I hope it will be listened to, is this: this bill authorizes the Commissioner to proceed to grant a hearing, not a rehearing, of the applications in the cases of these 2 patents just as though a notice of 90 days had been given. The error in the one case wasthat the party was in Europe, and there are still 60 days of the time remaining. In the other case the party was in the service of his country, and we report that he was not aware of the time when the letters patent. expired, Now, if this House votes against these 2 propositions it will be equivalent to saying that this soldier who has forfeited a few months time shall not have the benefit of even applying for an extension; and in the other case that a worthy citizen who has been abroad, and whomistook the date of his letters patent by a month, shall nothave a right even to be heard before the ComrPatents. This bill only propOses to give that right. It trenches upon no rights of other parties. It simply allows a hearing, and does not decide the question of granting the extensions at all.
Mr. DAWES. I would ask the gentleman if he is quite certain that if we authorize by act of Congress a renewal today, as of Jan uary, of the other 2 patents which did expire. in January, we shall not trespass upon the rights of other people. a safeguard, e had not better put a protective clause in the bill, unless the patent law is clear on that point. Mr. MYERS. I have no objection to it. It so happens that I was not present at. the meeting of the ComPatents when the appgication of Mr. Senneff was before them. I
Mr. JENCKES. There is no objection to it.
Mr. MYERS. To render assurance doubly sure we will put that in.
Mr. JENCK ES. In accordance with the suggestion, I move to amend by inserting the following: But no person shall be held liable for damagesfor using or making said heddlcs after the expiration of the original term of said patent and betoro the renewals the same.
Skip Skip Mr. MYERS. I now demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was agreed to, and the bill orderengross and read a 3rd time. The question recurring on the passage of the bll Mr. WASHBURNE, of Illinois, demanded the eas&nays on its passage. The eas&nays were not ordered. The bill was then passed ayes 63, noes 31. Mr. MYERS mtRtv the bill was passed; on the table. Agreed to. THOMASD. BURRALL.
Mr. BROMWELL, from the ComPatents,reported a bill for the reliefofThomas D. Burrall; which was read a 1st and 2nd time. The bill was read in full. It authorizes the ComrPatents to grant an extension for 7 years to the petitioner for an improved corn sheller,commencing with the expiration of the original term, December 6, 1866.
Mr. BROMWELL. The report is not verylong, if the House desire to hear it read. can state the substance of it.
Mr. HARDING, of Illinois. be read. The report was accordingly read.
Mr. HARDING, of Illinois. Will the Gentleman ield?
Mr. HARDING, of Illinois. For a momentl Mr. Speaker, I have heard for a good many years of this invention. Will my colLet the report I suggest to him whether, as league inform me when it is claimed to have been made?
Skip Skip Mr. BROMWELL. I now call the previous question. The previous question was 2nded and the main question ordered, which was upon the passage of the bill. Mr. Bnomvinm was entitled to the floor.
Mr. DAWES. Will the gentleman yield to me for a moment?
Mr. DAWES. I do not intend to make an indiscriminate warfare upon the renewal of patents; but I desire to make a discrimination between them, and put each one upon its merits. I understand this to be a bill to extend by act. of Congress a patent which has already existed 21 years, not to refer it to the ComrPatents for examination.
Mr. BROMWELL. The gentleman is mistaken; the bill provides that this patent shall be estonded, if the Commissionerhof Patents upon a full hearing shall deem it proper to do so.
Mr. DAWES. Then in that respect I was misinformed; the bill is better in that regard than I had supposed. If the bill is passed, the case ought to be referred to the ComrPatents. 9 But I wish to call the attention of the House to the reasons upon which this bill is based. As I understand, the reason is given that this is an old man who has not yet received any fair remuneration for his invention. Now, is there any reason shown why he has not yet received a fair remuneration? Has the committee given an good reasons for it? A few days si ce the committee reported a bill preposing to refer to the ComrPatents to decide whether a patent should be renewed which had been in existence for 20 onc years. The ground upon which that bill was based was that during nearly all the last 7 years of the patent, the patentee, from the character of his patent, had been deprived from receiving any benefit from it. His patent was one in relation to the iroduction or prep aration of cotton; and during the whole of the late war he was shut out from any use of it whatever, and had therefore made nothing from it. But the House on a full hearing of that case said by positive vote that that was no reason why the case should be referred to the ComrPatents, and they refused to give the patentee an opportunity for a rehearing. I thought that was wrong; I thought it was hard. I asked the House to refer that case to the ComrPatents; but the House concluded otherwise. Now, I do not see any better reason, I do not see any good reason for referring this case to the ComrPatents. If my friendfrom Illinois [Mr. BROMWELL] will show me as good a reason in this case as I thought existed in the other case I would vote for it; for I do not stand up here to o pose all these cases indiscriminately. ButI csiro to see a good reason for extending any furthers. patent which has already existed 21 years. I will listen to the Gentfrom Illinois, and see if he can show any good reason why this bill should pass.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. BltOMWELL mtRtv the bill was passed; on the table. Agreed to. MAIL SERVICE.
The SPEAKER, by unanimous consent, laid before the House a communication from the PostMGenl, transmitting, in compliance with the act of Congress of July 2, 1836, abstracts of offers received, contracts made, and allowances made to contractors for additional services, &c.; which was laid on the table.
The SPEAKER. By the law of 1864, this document is not to be printed except by special order of the House. TAX BILL.
Mr. DELANO. I move to amend as follows: In line 856 strike out.the words “1/2 of." and in lines 858 and 859 strike out the words "to the officermaking the seizure, the other half thereof.” Mr. Chairman, as the section now stands the peddler making a forfeiture of his “traps” is liable to be condemned by the action of the assessor, and 1/2 of the forfeiture is to go to the assessor. I propose the amendment for the purpose of striking at the whole system of bonnties to informers who are themselves the assessors. I will read the general provision on page 130, which does not cover this case: and pmuidedfmjther, That no collector, deputycollector, assessor asstassessor, revenueagent, revenue inspector, or other officeror person connected with the Treasury Dept, or anyof the branches thereof, shall beentit edtoorrcccive or shall be interested in any share allowed to an informer under the internalrevenue law. I respectfully suggest to my distinguished friend, the chairman, that does not include this case; and to make the bill homogeneous the amendment should be adopted.
Mr. MORRILL. I ha intended to make the amendment myself. The amendment was agreed to.
The Clerk read the next paragraph, as follows: That section 75 be amended by tyiking out all after the enacting clauseand inserting, in lieu thereof the following: that upon the death of any personhaving paid the specialtax for any trade, bus iness or procssion. it may and shall be lawful for the executors or administrators or the info or child, or the assigneeor assignsof such deceasedpersonto occupy the house or premises, and in like manner to exerciseor carry on. for the residue of the term for which the tax shall have beenpaid the same trade, business, or profession, in or upon the snmohousqor premises as the deceasedbefore exercise dor carried on, without payment of any additional tax and in case of the removal of any person or persons from the houseor premises for which any trade, business, or professionwas taxed, itshall belawful for the por son or personssoremovingto anyother place tocurry on the trade, business or profession specifiedin the tax receipt.at the place to which such personly: persons may removewithout paymentol any additional tax: Provided That all casesof death change, or removal, as aforesaid, shall be registered with the asstassessor, together with the name or names of the personor personsmaking such chan or removal, or successorto any person decense, under regulations to be prescribed y the ComrIntRev.
Mr. MORRILL. I move, in line 870 to strike out the words “ as signee or assigns, ” and insert “legal repreSent atives.” The amendment was agreed to.
Mr. DARLING. I move to go back to oEer the following amendment: Insert in line 775. after the word “ provided." the following: The several rates hereinafter stated for business tax shall beassessedannually and in all caseswherein an additional amountis dependentu on the aine unt of his or their sales such sales shal be registered monthly and the additional tax shall be assessed aid eel acted as in the easeof tax upon manufac res.
The Clerk read the next paragraph, as follows: That section 76 be amended by striking out all after the enacting clause and insertin. in lieu thereof. the followmiz: that in every case where more than oneof the sursuits. em loments.oroccupotions. hereinafter escribed. s al be pursued or carried on in the sameplace by the same person at the same time. except as hereinafter provided. the tax must be paid for each according to theratesseverally prescribed: Provided.That in cities and towns ahcacvomrdiginagletoes population than 6,00opersons the lust preceding census.ones ccial tax may embracethe businessat land warrant rokers. claim agents and real estate agents.upon pment of i hchinhest rate of tax applicable to either one of said pursuits.
Mr. MORRILL. I move to strike out the word “ mu, " in line 898, and insert “ shall be held to;” so that it will read: One special tax shall be held to embracethe business of and warrant brokers. de. The amendment was agreed to.
The Clerk read the next paragraph, as follows: That section77 be amended by striking out all after the ennctingelaiisoanti inserting.inlieu thereof. the following: that no auctioneer shall by virtue of having paid thespecialtax asanauctioneer. sell any goods or other property at private sale or employ any other person to act as auctioneer in his behalf. except.in his own store orwurohouseorin his presence: and any auctioneer who shall sell goodsor commoditiesotherwisethan by auction without having paid the special tax imposedupon such business shall be subject and liable to the penriltyimposedupon personsdeiiliniziuorre tailing tradins or selling goods or commoditieswithout payment of the speciii tax for exercisingor carrying on such trade or business; and where goods or commoditiesare the property of any personor persons taxed to deal in or retai or trade in or sell the same.it shall and maybe lawful for any person exercisingor carrying on the trade or businessof an auctioneer to sell such goodsor commodities for and on belialt of such person or persons In said houseor premises.
Mr. MORRIliL. I move to strike out the word “ or, " in line 906, and insert the words “nor shall he;” so that it will read: That no auctioneer shall by virtue of having paid the special tax as an auctioneer.sell an goods or other property at private sale. nor shall a em lzylltljl other person to act as auctioneer in his e a c. The amendment was agreed to.
The Clerk read the next 2 paragraphs, as follows: That section78 be amended by striking out all after the enacting clause and inserting. in lieu thereof, the following: that any number of persons. Except lawyers. Conveyancers claim agents. patent agents. physicians. surncons. Dentists epttle rokers. horsedealers and pevldlers, dtniig business in copartnership at anyone place shall be required to mybut onespecial tax for such on hat section79be umenteiidrtnbeyrssthrifi.ing qut all after the enacting clauseand inserting. in lieu thereof. the followin: that there shall be paid. annually, on the 1st.of hfay or on commencing any trade. business or profession, a special tax, as here mafter stated respectively. that is to say.
Mr. MORRILL. I move to strike out all after the word “following” in the last para graph, and insert in lieu thereof these words: That a special tax shall be and herebyis. imposed as follows. that is to say. The amendment was agreed to.
Mr. MORRILL. I move to strike out the word “exceeding, ” in line 955, and insert the words “their annual sales exeeed;” also. to insert before the word “one " in the nextline. the words “they shall pay; so that it will read: and iftheir annual sales exceed$50,000they shall pay one dollar. The amendment was agreed to.
Mr. MORRILL. I move to insert after line 956 the following: and the amount of all saleswithin the ear beyond 850.000shall be returned monthly to the asst assessor and the tax on sales in excessof $30000 shall be assessedby the assessors and paid monthly as other monthly taxes are assessedand paid. The amendment was agreed to.
Mr. MORRILL It is now necessary to strike out after the word “and” in line 962. down to and including 67, and to inser. the word “shall” in line 968; so that the clause will read: and the payment of the special tax as a.wholesale dealer shal exempt any such person.tice. The amendment was agreed to.
Mr. MORRILL. I move further to strike out after the word “ that, ” in line 97one, down to and including the word “and, H in line 972; so that it will read: That no personpaying the special tax as a whole sale dealer in liquors shall be required to pay an additional special tax. &c. The amendment was agreed to.
Mr. HUBBARD, of Iowa. I move tostrike out line 934 to 940 inclusive, and to insert in lieu thereof:. All banks charteredor organizedunder a general law shall pay 8100.
Mr. MORRILL. I raise the point of order that we have passed that paragraph. The CHAI MAN. The Chair sustains the point of order.
Mr. PRICE. I move to strike out “one dollar” in line 956 and insert “ 2 dollars, ” so that it shall read: Wholesale dealers.whose annual salesdo not exceed850.000s.hall fly 50 dollars: and if their an nual salesexceed forever additional thousanddollars in excessof $50,000t.hey shall pay 2 dollars. The object of the amendment is this: in the section immediately receding we make banks and bankers ay 2 dollars for every additional 1,000 dol ars over $50000. This section proposes to make wholesale dealers pay one dollar 4r on 1,000on their sales above $60,000. for the previousyear. Unlesshehas made or proposes the word “shall” in line 900 and Gentlemen who are acquainted with the business will understand that the profits of one are about equal to the profits of the other, and the whole sale dealer can well afford to pay 2 dollars on $51,000of sales during a year.
Mr. MORRILL. As the present bill is one mainly reducing the tax, I iope we shall not adopt the amendment proposed. For one I am disposed to allow the people of the U.S. to have all the goods they may have occasion to consume at the lowest possible rate, and a tax imposed in this form would necessa rily enhance the price.
The CHAIRMAN. Debate is exhaused on the amendment.
Mr. PRICE. I move proformat to make it. $1 50. I want to show the fallacy of the argument of the gentleman. He ropeses to give the people cheap goods. lil he tell me how much more a man will have to pay for a yard of muslin which is usually retailed at 25 cents when the wholesale dealer brokers: Provided. ThfltllDYIJIX understated l has w pay an addltlmml donumx on n ihou may and shall be again nssessedrandno personpayl sand dollars worth of goods? It would be going a little further with infinitesimal arith metic to get at that result than I am able to cipher.
Mr. MORRILL. As a matter of experience, we know that our city horse railroad companies put on a whole cent extra to cover a tax of one 8th of a cent and when we put on a tax of 6 cents on a ton of coal, there pas not a single instance where the pricedid not immediately rise at least 25 cents and so it has been in a great many other in stances. This tax takes the place of a license. Some large wholesale dealers now pay 70 or 80,000 dollars a year in the form of a license or special tax. I think it is enough.
Mr. PRICE. I withdraw the amendment to the amendment.
Mr. EGGLESTON. I move proformfi to make it $2 75. I wish my friendfrom Iowa [Mr. Paws] would withdraw his amendment. O far as the business classes of the community am concerned they are not only taxed once and twice but in many cases the and 6 times and now the gentleman proposes where a man sells more than $50,000 that he shall pay a tax of 2 dollars on every 1,000 dollars, or double the rate proposed in the bill. It applies to all commission merchants, all brok ers, all classes of men who sell property which has been consigned to them. Take a firm that sells at one half%. commission. In the 1st place you run e them pay a license and then you tax them on the sales. You will tax the business out of existence. I say that one dollar is high enough. I withdraw my amendment to the amendment. The question recurring on the amendment of Mr. PRICE, it was disagreed to.
The Clerk read the next paragraph, as follows: 3. Retail dealers shall pay ten dollars. Every person whose businessor occupation it is to sell or oiler for sale any goods.wares or merchandiseof foreign or domestic production. not including s iirits. wines ale. beer or other malt liquors and whose annua salesexceedH.000and do not exceed625.000.shalble regardedas a retail dealer under this act. M
Mr. BALDWIN. I move to amend by adding the following: Provided. however.That when the annual sales of a retail dealer exceed 825.000f or over Bddlllollll ah 1,000 dollars in excessof 825.0(1h)e shall pay one O ar. As the law now stands, and as it has hereto fore been executed, a retail dealer who sells 25, 001 is charged as a wholesale dealer and required to pay a license of 50 dollars. That seems to me unreasonable and unjust. It seems to me more just and reasonable that retail dealers should be graded in this way, so as to ya dollar forever additional 1,000 dollars, rather than to e required to pay 50 dollars for a wholesale license because their sales barely exceed $25,000.
Mr. MORRILL. I hope the amendment will not revail. It is necessary to make some line of emarkation between a retail dealer and a wholesale dealer. At whatever point you draw the line if the dealer exceeds the amount of course he becomes liable to a higher tax as a wholesale dealer. It is a small amount which the retailer is required to ay. The moment the amount of sales excce s $25,000 the man becomes a wholesale dealer. We must have some line of demarkation.
Mr. DAVIS. It is provided in the bill that persons and cororations in certain branches of business shal pay a tax upon their annual sales. It is also provided, I believe, that they shall pay the tax before commencing business. I desire to know how the amount of this tax is to be ascertained.
Mr. MORRILL. The tax upon the annual sales does not commence until those sales shall have exceeded $50,000, though a special tax of a fixed amount is paid at the outset. The amendment was not agreed to.
The Clerk read as follows: 4. Wholesale dealersin liquors whosoannual sales do not exceed $50,000shall pay 50 dollars and if exceeding850,000f or everyadditional 1,000 dollars in excess“90.000. one dollar. Every person who shallsellorolfertbrsalcauydistilledspirits, fermented liquors or wines of any kind in quantities of more than 3 gallons at onctime to the same purohaser, or whoseannual sales.including sales of other mor chandise shall exceed $25,000s, hall be regardedas a wholesaledealer in liquors.
Mr. HUBBARD, of Iowa. I move to amend by striking out “one dollar” and inserting in lieu thereof “two dollars.” I understand that this business of selling liquor is very profitable, and if so, I think the liquor sellers are able to pay the sum I propose.
Mr. MORRILL. Mr. Chairman, I suppose the object of congress to he to obtain as large a revenue as possible from liquors; butI conceive that the more legitimate way to reach that ohJect is to levy the tax upon the liquor; and if, as proposed It] the bill, we allow the tax to remain at 2 dollars pergallon, it seems to me that ought to satisfy us. I hope, therefore, that the amendment will not prevail. The amendment was not agreed to.
Mr. MORRILL. I move to amend by insgrtv mg after the word “dollar” in line 992 the following words: and such excess shall be assessedand paid in the samemanner as required of wholesaledealers. The amendment was agreed to.
Mr. MORRILL. I moveto amend by insert. ing after the word "dollars" where it last occurs in line 991 the words “they shall ay.” The amendment was agreed to.
Mr. PRICE. Hepeless as the attempt may appear, I will make one more effort to amend this section. I move to amend by striking out the word “50” in line 989 and inserting in lieu thereof “ 100;” so that the clause will read: Wholesale dealersin liquors whose annual salesdo not exceed260.000shall pay 81. Under this bill as it stands the wholesale liquor dealer selling $450,000worth of liquor an nually will pay only 50 dollars; while abauker doing business right alongside of him, with a capital of $50,000, pays aIicense of $100, and pays also upon ever additional $1,000 double the amOunt which teliquor dealer pays. It appears to me that men in the liquor business can afford to pay a tax of $100, which is not as much as men in honest branches of business pay on a corresponding amount of capital. he amendment was agreed to.
The Clerk read as follows: 5. Retail dealers in li uors shall pay 25 dollars. Every person who shall sell or offer for sole foreign or domestic spirits. wines, ale. beer, or other malt liquors in nantities of 3 gallous or less and whose annua sales, including nl sales of other merchandismdo not exceed325.0(1s)h. all be regarded aaa retail denlerinliquors under this act.
Mr. HARDING, of Illinois. I move to amend by striking out “ 25, ” in the 1st line of the paragraph just read, and insert in in lieu thereof “fit." v Mr. Chairman, while I have great respect for the o inions of the chairman of the committee o Ways&Means, 1 distrust thenotion suppressed; but I warn that we are groin g to realize much revenue from distilled spirits by a tax of 2 dollars agallon. I think the gentleman will concede that the experiment has not in the past been very successful. Members of the House are, I suppose, fully aware that, within the last year at least, the larger proportion of distilled spirits in the U.S. has aid little or no tax. What has been paid has condivided among inform ers, detectives, and the Government.
Mr. MORRILL. The gentleman will have an opportunity to discuss this question at a later ete of the bill.
Mr. ARDIN G, of Illinois. I think the discussion is appropos now. Mr. Chairman, the practice has been to manufacture distilled spirits illegitimately, making it out of dollar corn, and then smuggle the article into the market. When once in the market, it can be sold in the groceries by paying a license of 25 dollars. I propose to catch some of it in this way, by a charge of 50 dollars for the privilege of selling.
Mr. MORRILL. I would not object if it were the sentiment of the country that all these beer shops and groggcrics should be gentlemen, if they can enforce the law the government will get. no revenue at all. Ifyou adopt this increased tax, a poor widow or a maimed soldier who is keeping a small beer shop will have to pay this large tax; and hotel keepers will be compelled to pay this in addition. I hardly think congress will be disposed to raise the tax. The amendment was disagreed to. l
The Clerk read the next paragraph, as follows: 6. Lottery ticket dealers shall pay8100. Every person, association, firm or corporation who shall make, sell or offerto sell lottery tickets or fractional parts thereof, or any token, certificate, or device representing or intending to represent a lottery ticket or any fractional part thereof, or any policy of numbersin any lottery or shall manageany lottery, or prepare se hcmes of lotteries or superintend the drawing of any lottery shall be deemeda lottery ticket dealer under this act: Provided, That any persondoing the businessof lottery ticket dealers shall give bondI in the sum of Sl000.with sureties.to be it provedby the collector of the district, conditioned that he will not sell any ticket or supplementaryticket of such lot tfirywhich has not been duly stamped accordingto
Mr. DARLING. I moveto amend in line 15 by inserting the word “policy” after the word “ticket.” I shall next move to strike out “ 100 ” and insert “ 150.” If we are to legalize this ini uitous traffic, I want to get the largest ossible amount of revenue. I am satis ed, from the information I have received, that the Government is de frauded out of at least $9,000,000 a year in the way of taxes under the present law. All of the small dealers have been subject to the monopolists who carry on the business, particularly in NewYork city, the same as the banking business. It is carried on with a mag nitude that would astonish the House. Every man who wants to go into the business is subject to the orders of the large dealers. I desire that every man who goes into the business, no matter how small his business may he, shall pay the tax directl to the Government, and that he shall give 0nd to the U.S. that he will my the tax into the U.S. Treasury. amendment.
Mr. MORRILL. We have already tried the policy of extreme taxation in relation to lottery Idealers. We placed the tax as high as $1,000. It proved to e a bad policy, and we did not derive much revenue at all. Since the amount has been fixed as it is the Government is in receipt of a considerable amount of revenue. Let me say it is to ferret out and seize the parties who sell these tickets, and that we may know who they are that this license or special tax is imposed. After all this is done, we impose a tax upon all of their sales of 5%. If we succeed in collecting this special tax we shall collect the other also. The law is amended in one respect. Under a hat is the reason I move the the existing law one or 2 parties in NewYork have enjoyed a monopoly; others dealing in lotteries have been dealing in them surreptitiously and in violation of law, or have been made to pay tribute to one ortwo men. The present bill changes all that. I hope the amendment will not prevail. The amendment was rejected.
Mr. DAVIS. I offer the following amendment: Insert in line 1019: and provided moreover.That nothing herem containedshall be construed to authorize the sale of 19tteg tickets in an State where such sales are prohib it by the laws thereof.
Mr. HOOPER, of Massachusetts. That is already in the bill.
Mr. DAVIS. Then I withdraw my amendment.
Mr. DARLING. I move to amend the proviso by striking out the word “any” and inserting the word “every”before the words “person doing the business of lottery ticket dealers, ” dtc. The amendment was agreed to.
Mr. DARLING. I move to further amend the same sentence by inserting after the words “lottery ticket dealers” the words, “ or dealers in policy of numbers." What I want to get at is this: I want to prevent if possible the spread of this nefarious and iniquitous pradtice in our large cities, which is entailing so much ruin and distress and suffering upon the families of poor people. It is a species of gambling which is carried on to an extent that, in my judment, inflicts more misery, more sorrow, and more suffering upon families than the use of intoxicating drinks, or atleast quite as much. Now, I do not mean, ifI can help it, that any person shall be authorized to do this business unless he takes out a license and is put under heav penalties that he will ay the tax due to the government under the law and therefore I want to include, not only those who sell lottery tickets, but those who (Ii) a business far worse, that of selling policies of numbers, which are sold principally to the poor, the degraded, and the ignorant.
Mr. HOOPElt, of Massachusetts. I want to call the attention of the Gentfrom NewYork [Mr. Danmso] to a description of lottery ticket dealers which renders his amendment unnecessary. The attention of the committee was called to this subject, and they made a provision to meet the mt the gentleman refers to, by inserting it in the description of lottery ticket dealers.
Mr. HOOPER, of Massachusetts. In the part of the paragraph which reads: Every person. association. firm or corporation which shall make.sell or otferto sell lottery tickotsor fractional parts thereof or any token. certificate or devicerepresentingor intendinztorepresent alottery ticket or anyfractional part thereof or any policy of numbersin any letter or shall manageu nylottery, or prepare schemeso lotteries, or super intend the drawing of any lottery, shall be deemeda lottery ticket dealer under this act.
Mr. DARLING. The Gentfrom Massachusetts [Mr. HOOPER] is right, and Iwill withdraw that amendment. I move to amend by inserting in the proviso, before the words “or supplementary ticket, the words “or policy oi numbers.” Iwant to make it so clear and distinct that there will be no ese ape from a proper construction of the law. The amendment was agreed to.
The Clerk read the next paragraph, as follows: 7. Horse dealers shall pay ten dollars. Any person whose business it is to uy or sell horses or mules shall be regarded a horsedenler under this act: Provided. That one special tax having been paid, no additional tax shall beimposedupon unyhorsedealor for keeping a livery stable nor 115011 any liverystable kccper who may also be a orso cater.
Mr. MORRILL. I move to strike out at the end of the para mph the words f who may also be a horse dea er, and insert in lieu thereof the words “ for dealing in horses.” The amendment was agreed to. 1866.
Mr. BENJAMIN. I move to amend the 1st sentence so that it will read: Horse dealers whose annual sales do not exceed $10,000hall ay ten dollars; and if exoeedin the sum of hi one dollar for each additional 10,000 dollars. My amendment is intended to make this par agraph correspond with the paragraph in regard to cattle dealers. In this paragra i thereis no limit to the amount of sales that orse dealers may make under a license of ten dollars. In tsheo case of deitttklpdealllers there isha limiltI of 1000 an t in this ragra shou be modified accordin ly. Or ifli borspedealer with a license of ten dofiars can sell without any liiii itation as to the amount of his sales, then the provision in regard to cattle dealers should be the same. This business ofhorse dealin is a large business in some localities; there is an immense amount of capital invested in it; and it strikes me there should be some limit on the amount of ca ital invested or the amount of sales under a icense of ten dollars.
Mr. MORRILL. I do not know that I have much objection to the amendment of the Gentleuian from Missouri, [Mr. BENJAMIN 1 But I do not believe there are a dozen men in the U.S. who do so large a business in horse dealing as to render them liable to the proposed increased tax.
Mr. BENJAMIN. I beg to inform the Gentleman that there are more than that number in my district alone.
Mr. MORRILL. They are very fortunate men. The business is very much reduced from what it was for the last 3 or 4 years, when the Government had occasion to employ this kind of men.
Mr. DELANO. I would inquire of the chair man of the ComWays&Means [Mr. MORRILL] if he is willing to have this amendment ado led, and also allow the proviso to remain which allows a party to be u livery stable keeperalso without paying an additional tax. I would prefer the paragraph as it is. I shall certainly move to strike out the proviso if the amendment of the Gentfrom missouri [Mr. BENJAMIN] shall be adopted.
Mr. MORRILL. I think the paragraph better remain as it is; that is my view of it. The amendment of Mr. BENJAMIN was not eed to. l
The Clerk read the next paragraph, as follows: 8. Livery stable keepers shall pay ten dollars. Any person whosebusiness it is to keep horses for hire or to let or to keep feed, or board horses for others shall be regarded as a livery stable keeperunder this act. No amendment being offered,
The Clerk read the next paragraph, as follows:. 9. Brokers shall pay 50 dollars. Every person. firm, or company, except such as have paid a tax as a bank or banker, whose business it is to negotiate purchases or sales of stocks.bonds. exchange, bul ion. coined money bank notes, promissorynotes or other securities. for themselvesor others shall be regarded as a broker under this act: Promdezl, That my person having paid the tax as a banker shall not be required to pay any tax as a broker.
Mr. MORRILL. I move to strike out the words “except such as have paid a tax as a bank or banker, ” as that is provided for in the proviso. The amendment was agreed to.
Mr. MORRILL. I move to amend the proviso by inserting the word “special” be ore the words “tax as a banker.” The amendment was agreed to.
Mr. MORRILL. I move further to amend the proviso by striking out the word “any” and inserting the words “a special 3 before the words “tax as a broker.” The amendment was agreed to. l
The Clerk read the next paragraph, as follows: 10. Pawnbrokers iisin or employing a capital of not exceeding $50,000 shall pay 50 dollars: and when using or e inployingaca ital exceeding$0,000 for every additional 1,000 dollars in excess of, GD. 2 dollars. Every person whosebusinessor occupation it is to take or receive. by way of pledge. pawn or aloha armory coeds.wares, or merchandise, or any kind of personal property whatever. as security tor the repamentotine iie lenttbereon, shall be deemed a pawn roker under this net.
Mr. MORRILL. I move to amend this pair agraph by inserting after the words “ 2 dollars ” the words “ and such excess shall be assessed and paid in the same manner as reiiired of wholesale dealers.” he amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by inserting the words “ shall pay” before the words “two dollars." The amendment was agreed to.
The Clerk read the next paragraph, as follows: 11. Land warrant brokers shall pay 25 dollars. An pors on shallbe regarded as a land wnrrant hro er Within the meaningof this not who makes a bllSlllErlSot buying and selling land warrants, or offurnishing them to settlers or other persons. No amendment being offered,
The Clerk read the next paragraph, as follows: 12. Cattle brokers. whose annual sales do not exceed$10,000s.hablopatyen dollars; and if encoed imr the sum of $10. one dollar for each additional $10000. Any person whosebusmessit is to buy or sell or deal in cattle.boss or sheepshall be constderedas a cattle broker. No amendment being offered,
The Clerk read the next paragraph, as follows: 13. Produce brokers whose annual sales do not exceed the sum of $10.01!)s.hall pay ten dollars. Every personother tbanone havmg paid the special tax as a commercial broker or cattle broker, or wholesale or retail dealer, or peddlcr. whose occupation it is to buy or sell agricultural or farm“prod ucts and whoseannual salesdo not exceed$0,000, shpll be regarded as a produce broker under this DE. No amendment being offered,
The Clerk read the next paragraph, as follows: 14. Commercial brokers shall pay 20 dollars. Any personor firm whosebusinessit is. as a broker, to negotiate sales or urebasesof goods, wares or merchandise or to see orders therefor in original or unbroken packages or to negotiate freigbts and other business for the ownersof vessels or for the sbi pers or consignors or consignee:of freight car rie by vessels, shall be regarded a commercial broker under this act.
Mr. MORRILL. I move to amendby striking out after the word “merchandise the words “ or to seek orders therefor in original or unbroken packages.” The amendment was agreed to.
The Clerk read the next paragraph, as follows: 15. Customhousebrokers shall pay ten dollars. Every person whose occupation itis, as the agent of others, to arrange entries and other customhouse papers or transact businessat nny port of entry relating to the importation or exportationof goods.wares, or merchandise shall be regarded a customhouse broker under this act. No amendment being offered,
Mr. HOOPER, of Massachusetts. I would like the gentleman to explain what he means by a “legitimate manufacturer.”
Mr. INGERSOLL. I mean one who pays his license, who makes his regular monthly returns, as required by law, and pays 2 dollars on every gallon of whisky that he manufactures. Sir, it is known to the revenue otheers of the country that under the present system not one allon out of every 4 gallons man pays any tax to the Government. Mr. Chairman, I desire to submit some statistics relative to the manufacture of this article during the last fiscal year. The table which I submit emanates from the internalrevenue Dept: Collectionsreturnedml distilled opiffll for the 1st na: monthsof the final yearendingJune 30.1866. July, $352. 215 August“. 267.45788 September 755.66?06 October. 1.366.02023 November 3.000.67123 December. 3.702.13421 it Total returns to date. “$19, 337, 47640 Norm The collections for February and March will be somewhat increased as all returns have not yet beenreceived. Thus it appears that the Government, instead of receiving, as it should, $80,000,000 perannum from this source, receives annually only about.24 million dollars. [Here the hammer fell.]
Mr. INGERSOLL. Mr. Chairman, I rise to oppose the amendquent. I have no sympa thy With the large distilleries in Peoria or the small distillerics in Pennsylvania. I believe the distilleries in Peoria an elsewhere are Generally carried on by Democrats. Of course the support “my policy” as it is termed. nt, 811, I am looking at the interests of the revenue of this Government. I desireto state here in regard to the administration of the revenue law as it is applicable to the manufacture of whisky, that in the large distilleries the collector appoints what is called an inspector whose duty it is to remain there night and day if necessary to watch and supervise operations, and to see that they return the exact. number of allons that is manufactured.
Mr. STEVENS. That is the way they do with the distilleries in my county, but they found 3 of these inspectors who received $5,000 a year each from these distilleries for the purpose, I suppose, of watching. [Laughter]
Mr. IN ERSOLL. I presume that is so. Of course you will find here and the reafraudulent agent. But, sir, ifyou do not watch these distilleries, I will guaranty you will get but little revenue. If you employ honest men, the Government will get its properrevenue. The Gentfrom Pennsylvania says that it is not the license that goes to make up the amount of the revenue, but. the tax on the article. Iniii aware of that; but in order to get that tax you must have the manufacture of whisky, to a certain extent, under the control of the Government. If you do not, as I have said. you will get but little revenue. The small distilleries in Pennsylvania, Kentucky, or any where clse, paying a license of 25 dollars, and having no one to supervise them, may return only one barrel on which the tax is paid, and willsell as manyotherbarrels ofwhislty on which no tax is paid. They may make $100 profit each day, and I have no doubt many of them do, fromillicit traffic in this article. The Government, of course, gets nothingin the way of tax on this contraband whisky. You cannot detect them, because you have no one there to watch them. If you put up the license to $1,000, and have an agent in every distillery, together with severe penalties for violation of the law, I have no doubt the Government will secure the collection of the tax. I am speaking in the interest of the revenue, and not in the interest of the manufacturer, whether he be a large one or a small one. I ask whether 25 millions is an adequate revenue from this source. It ought to be 8 millions. k1 ere the hammer fell.]
Mr. HOOPER, of Massachusetts. I will renew the amendment simply for the purpose of calling attention to the 33rd section on page 155 of this hill, where it is required that an inspector shall be appointed for every distillery established according to law. I concur with the Gentfrom Pennsylvania that the object to be secured by having the rate of special tax a smaller sum is to induce everybody who distilled to come and pay for a license. With a tax of $1,000 it is certain the small distiller would not and could not pay it. Then I think there will be more fraud in the large distillei ies than the small ones. Ifl am not mistaken, in the nei hbor hood of the Gentfrom Illinois,
Mr. IN osnsonu] among the largest distilleries there were found some heavy frauds.
Mr. INGERSOLL. I will state how that is, because I wish to defend every manufacturer from any unjust imputation on his character. within my knowledge in the Peoria district, so far as the manufacturers are concerned, I think there is but one house that has ever had any charge referred against it for any fraud, large or small), upon the revenue connected with the manufacture of whisky. That is the only case that I am aware of in the 5thvdistrict.
Mr. STEVENS. What was the amount of the fraud?
Mr. INGERSOLL. I think the amount of the whisky alleged to have been made in fraud of the revenue law was between 4 and 500 barrels.
Mr. HOOPER, of Massachusetts. I do not mean to charge fraud upon the gentlemans district; but I know that in Illinois there have been large frauds committed.
Mr. MORRILL. It is evident that in regard to the policy of having a high or low tax on the business of distilling liquors, thus is a wide difference of opinion among members of the House. The revenue commission have reported a bill for our action, adopting the policy some what of England, that is, of confining the business to a few large distilleries. But in this country, I think, where the business is already established and there is a large amount of property invested all over the country in small distilleries it would be rather hard to suddenly adopt a policy that would crush the business of these men and destroy their property without.notice. I am willing for one to go to some extent on that line of policy. I believe that in the end we may find it to be the only policy by which we can squeeze out of this manufacture the large amount of tribute that evidently is intended to be done not only by the people but by Congress. With that view the committee have raised the amount of special tax from 50 dollars to $100. I believe that is as far as we ought to go now, and it is a just compromise between the conflicting opinions that undoubtedly now prevail. In another part of the paragraph it will he found that a less rate is ImPOSGLFUPOHthose who distill apple brandy or apple jack where the amount is less than 150 barrels a year.
The CHAIRMAN. Debate is exhausted and the amendment is withdrawn.
Mr. HOOPER, of Massachusetts. withdraw it. I insist upon a vote.
Mr. PAINE. I rise to a point of order. Has not this precise amendment once been voted down?
The CHAIRMAN. The Gentfrom Pennsylvania [Mr. STEVENS withdrew it, and the Gentfrom Massachusetts [Mr. Hoorsn] renewed it.
Mr. PAINE. The House voted down the amendment of Mr. Srsvsxs, I believe, and then he informed the House that he with drew it.
The CHAIRMAN. The Chair did not an nounce the result when the Gentfrom Pennsylvania [Mr. Srsvsivs] rose and stated that he withdrew it.
The CHAIRMAN. The Chair does notsustain the point of order, inasmuch as the Gentfrom Pennsylvania withdrew the amendment before the Chair announced the vote. The same amendment is now ofiered by the Gentfrom Massachusetts, [Mr. Hoornn. No further debate is in order upon it. The amendment to the amendment was disagreed to. The question recurred on the amendment offered by Mr. Ixositsou. to strike out “$100” and insert “ $1,000."
Mr. HENDERSON. Are remarksin order on that amendment?
The CHAIRMAN. No debate is in order. The gentleman can move O formd to strike out 1000" an insert “200.”
Mr. HENDERSON. Very well. I more to insert “ 1100.” I was oing to renew the motion to insert “50, ” with aview of stating, not that I was in favor of reducin it. to 50 dollars, but that Iwas in favor of the amendment of my friendfrom Illinois, [Mr. Isositsomi] I think the 1st business of the Government is to so adjust the tax as to have as little distillation as possible, and to make as much profit as possible out of what is manufactured; the least possible amount of liquor with the greatest possible revenuefrom it. Now, I cannot understand how it is that 1,000 dollar tax will increase the distillation of liquor. That is to my mind very strange. I have heard it stated here by several gentlemen that by thus increasing the amount of tax you will increase the number of distilleries. If it is so, and they all pay their tax, we certainly will get more revenue. But I am impressed With the belief that it will not have the effectto increase the number of distilleries; that is to say, if the Government is able to enforce the laws which it makes. I do not believe that the Government has come to that point that it cannot enforce its laws, and consequently Iain fully satisfied that the high tax, With vigilant rose cution of the laws, will reduce the number of distilleries, and at the same time increase the amount of the revenue. My principle would be to reduce the amount of liquor and increase the revenue. Here the hammer fell.]
Mr. HENDERSON. I withdraw the amendment to the amendment.
Mr. LAFLIN. I move to strike out “1000” and insert “ 1200.” I was very glad indeed to hear the chairman of the ComWays&Means assert that the revenue commission, in making their propositions of amendment to the revenue aws, had endeavored, as far as possible, to follow the example set by England. Aswas remarked by the chairman of the committee when he 1st introduced this bill, this subject of internalrevenue is an entirely new one with us, and I 00mmend to the judgment of this House whether it is not for our interest to fol I do not low, as far as we can, the example set to us by a nation which has had a long experience on this subject. We liiid that GreatBritain has adepted the plan of taxing all luxuries to the very greatest extent, and it raises over $50,000,000 annually from its tax on distilled spirits. By reference to the report of the revenue commission of that country it appears that in the ear 1803 04 England raised $50, 066, 775, an in 1864 65 $50.200, 335 on spirits. Now, sir, what is our experience? We have a population nearly as great as that of England, and the statistics of our returns show that we consume fully as much in amount as England does and yet according to the returns of the internalrevenue it appears that in 1803 we raised a revenue of $3, 220, 990, in 1864 2:. revenue of $28, 431, 797, and in 1865, when we taxed whisky 2 dollars a gallon, we raised only $16, 006, 702. ow, what are the facts with reference to the production and consumption of whisky in this country? Prior to 1860 this country produced 100 million gallons ofwhisky annually. If the same amount was produced today and the tax of 2 dollars a gallon was collected we should receive $200,000,000. But we find since the tax of 2 dollars has been imposed that the amount consumed in this country is 45 million gallons annually, which instead of yielding a revenue of $90,000,000 has only yielded a little over $15,000,000.
Mr. STEVENS. The gentleman must recollect that when we were about to impose the tax of 2 dollars for 6 months there was not a distillery that did not run night and day up to the time when the tax commenced; and from that time until within 3 months scarce a distillery ran at all, because they had laid in an immense quantity at the old tax.
Mr. LAFLIN. I understand that, but at the same time, during 1864, when we had a tax of $1 50, we only raised $28,000,000. It is estimated that 7 8ths of all the whisky produced in this country is used for drinking purposes. I ow. what is the fact in rerd to the number of distilleries? In 1860 there were 1193 distillcries in the U.S. Now the number is estimated at 5,000d. Why? Because under the stimulus of high prices people all over the U.S. have engaged in distillation on a small scale, some of them producing at the rate of 100 gallons a year. It is said to be a fact, and I have not seen it denied, that every manufacturer of small stills has more orders on hand than he can fill and it is said that in the State of Georgia there are 1500 distilleries in one district. [Here the hammer fell.]
Mr. DODGE. Mr. Chairman, all that we require in regard to this question of whisky is slaw sufficient to find out these small distiller ies. I fail to perceive the force of the suggestion made by the chairman of the ComWays an Means, that a small tax of 25 dollars will induce men who are carrying on an illicit traffic in cellars and garrets to come forward and make known the fact that they are engaged in this business. I hope, sir, that we shall fix a tax so large and frame a law so stringent that every manufacturer of distilled spirits, whether he makes 1,000gallons a day or 5 gallons a day will be found out, so that the Government sha receive from him the entire amount of revenue contemplated by the law. We may rest assured, sir, that a tax of 25 dollars will never bring to light men who are seeking to carry on an illicit tratIic. If the tax be fixed at $1,000 or $1,500 there would be an object in finding them out. In the city of NewYork we have now a law fixing the license at $200 and $150. Lastycar, when only a small tax of ten dollars was required for selling liquor, there were in that city more than 9,000 places in which intoxicating drinks were sold. lnder our present system, where it is an object to detect every individual selling liquor without a license, the ! city is receiving $1,000,000 of revenue annually from this source. If men will manufacture, if men will sell, if men will drink alcohol, let them pay the tax which the Government imposes. The amendment to the amendment was not agreed to.
Mr. HOTCHKISS. I move to amend the amendment by striking out “ $1,000” and inserting the following: Distillers distillin lessthan 50,000 gallons annually shall pay 100; those distilling 50,000 gallons, or over, annually, shall pay 9200. Mr. Chairman, it appears to me that this is a more reasonable proposition than to make distillers indiscriminately pay $1,000. The latter system would simply break up the small distilleries and give a monopoly of the business to the large manufacturers. I do not see that any good is to be gained by it. It would not diminish the amount of whisky distilled. It would simply leavo the monopolists at liberty to increase the price of the article for their own benefit. Experience has shown that the amount consumed is not decreased by an increase in the price; and I see no reason why we should enact an oppressive law with the view to obtain revenue, or to effect a moral reform. I am as hostile to the manufacture and the use of whisky as any gentleman on this floor can be, but I do not think it wise for us to attempt to enact oppressive laws to suppress this traffic, because do not think that we would elfectthe object. Let us have, however, a discrimination between large establishments and the smaller ones. I do not know how much asmall establishment manufactures annually, but I suppose that the quantity would not. exceed 50 t ou sand gallons. Those manufacturing more than that quantity will be required by this amendment to pay $200. Gentlemen more familiar with this branch of the business can, if they deem it proper, move to increase the license fee in proortion to the amountmsnufuctured.
Mr. MORRILL moved that all debate on the pending aragra li of the tax bill in the ComWhole on the state of the Union be closed in 5 minutes after its consideration shall be resumed. The motion was agreed to. TAX BILL AGAIN.
Mr. MORRILL moved that the rules be suspended, 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. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 613) 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 Tune 30, 1804, and acts amendatory thereof.
The CHAIRMAN stated the question to be on Mr. Horenkisss amendment to the amendment. The amendment to the amendment was disagreed to. The question then recurred on Mr. Incen SOLLS amendment, and it was also disagreed to.
Mr. RANDALL, of Kentucky, moved after the word “ manufacture, ” in line 1089, to insert the words “ 50 and, ” and after the word “dollars, ” in line 1091, to add the following: and those distilliu or manufacturing less than 50 barrels peryear from the sameshall pay 20 dollars. The committee was divided; and there were nyes 35, noes 47 no quorum voting. Mr. ALLISON demanded tellers. Tellers were ordered; and Messrs. RANDALL, of Kentucky, and ALLisos, were appointed. The committee was again divide; and the tellers reported ayes 50, noes 43. So the amendment was agreed to.
Mr. INGERSOLL. I move to strike out the proviso as amended. The motion was disagreed to.
The Clerk read the next paragraph, as follows: 171 BrevIers shall pay 8100. Every person.firm, or corporation who manufactures fermentedliquors of any nameor description, for sale. from innit, wholly or in part, or from any substitute therefor, shall be deemeda brewerunder this act: Provided, That.any person.firm, or corporation, who manufacturesless than 500 barrelsperyear. shullpny the sum of 50 dollars. No amendment being offered,
The Clerk read the next paragraph, as follows: 18. Rectifiers who shall rectify any quantity of spirituous liquors. not exceeding 500 barrels. packages, or ensks. containing not more than 40 gallons to each barrel, package or cask, shall pay 25 dollars; and 25 dollars additional for each additional 500 such bar rels, packages, orciisks or anyfractional art thereof. Every person, firm, or corporation, who rectifics, purifies, or refinesspirituous liquors or winesby any process or mixes distilled spirits, whisky, brandy, gin, or wine. with any materials for sale under the name of whisky. rnm. brandy, sin. wine, or any othor name, shall be regardedas a rectifier under this act.
Mr. ALLISON. I am quite as anxious as my friendfrom Illinois [Mr. HARDING] to protect the interests of our western ffiends who are engaged in this business. The provision that he objects to is amere repetition of the existing law; and I have yet to hear of a single rectifier of whisky or manufacturer of alcohol in the West who complains of this license. The provision prohibiting the rectifying of whisky or the manufacture of alcohol a on the same premises or in the same establishment where high wines are distilled, is in another part of this bill, and has no reference whatever tothis subject. I think that it is a provision that should be adopted, perhaps with some modification; because it is well known that under the existing law most of the frauds that have been discovered have been in the cases of parties who manufacture alcohol upon the same premises where they distillhigh wines, without having their high Wines inspected. This provision is evidently a just one. It certainly is a just one now, when we have doubled the tax upon the manufacture of distilled spirits, but leaves the tax as it exists in the present law upon the manufacture of alcohol and the rectifying of whisky. I hope the amendment of the Gentfrom Illinois [Mr. HARDING] will not be adopted. The amendment of Mr. HARDING, of Illinois, was not agreed to. i
The Clerk read the next paragraph, as follows: 19. Coal oil distillors shall 1) 50 dollars. Any screen, fir m. orcor oration. who shall refine, pronce or distill era O or refined petroleum or rock oil or crude coal asphaltum. oil or crude or refined oil madeof shale. peat or other bitumine us substances or shall manufacture coal illuminating oil shall be regardedas a coal oil distiller under this no
Mr. MORRILL. I move to strike out the word “coal” before the words “illuminating oil.” The amendment was agreed to.
The Clerk read the next paragraph, as follows: 2". Keepersofhotels. inns or taverns shall beclass ified and rated according to the yearly rental.0r. if not rented, accordingto the estimatedyeurly rental oftho houseandpro )crtyiutondedto besopecupictl. as follows. to wit: when the rent or valuation of the yearly rental of said houseand proportyshallb e$200, or less shall pay tendollars: and if exceedingSJQO. for any additional $100or fractional part thereof in oxec sof$;.l)0ll. lplllll5I.lse placewhereloodand lodging are provided for and urnlshed to travelers and soiourners.in view of payment therefor, shall be regarded as a hotel. inn, or tavern. under this act: Provided, That keepers of hotels. tuvenis, and cating house s.in which liquors are sold by retail. to be drunk upon the premises shall pay an additional tax of 25 dollars. The yearly rentiilshall be fixed and establishedby the assessorot the properdistrict at its proper value; but if rented. at not less than the actual rent agreedon by the iiirtics. All stennicrsimd vessels uponwaters of the U.S. on board of which passengersor travelers are provided with food or lodgings, shall be subjectto and required to pay 25 dollars; Promdml. That if there be any fraud or collusion in the return of actual rent to the assessorthere shall be a penalty equal to double the amount of the tax required by this section, to be collectedas other penalties under this act are collected.
Mr. MORRILL. In the sentence which now reads, “the yearly rental shall be fixed and established by the assesor of the properdistrict at its propervalue, ” I move to insert the word “asst” before the word “assessor, ” and the word “assessment” before the word “district.” The amendment was agreed to.
Mr. MORE ILL. I move further to amend this paragraph by striking out the following: Provided. That it there be any fraud or colluslon in the return of actualrentto the usessor. thereshall be a penalty equal to double the amount of the to: required by this section. to be collectedas other pen alties under this act are collected and inserting in lieu thereof the following: Provided, That any person who shall make a false orfraudulent returno the annual rentmentioned in this paragraph shall be subject to a penalty motor of double the amount of the tax. The amendment was agreed to.
Mr. PIKE. I move to amend by inserting at the close of the 1st sentence in this para graph the following proviso: Provided. That no license shall be required when the rent or valuation of the yearly rental shall be lessthan $100. The object of my amendment must be apparent to anyone. it is merel to exem tfrom this tax a class of people who eep sma l country wayside inns, which can hardly be called inns or taverns, except for the purposes of this act; places which are kept for the benefit of assers by rather than for profit. he amendment was not agreed to.
Mr. STEVENS. I move to amend this par agraph by striking out the following proviso: Provided; That the kccpersof hotels. taverns and eating houses, in which liquors are sold by retail. to he drank upon the realises, shall pay an additional tax of 25 dollars. In the 1st place, this proposes to tax tavern keepers on a pretty high) rental. Now, a tavern keeper, everywhere that I know anything about, is a man who keeps a house of public entertainment, including liquor to he drank upon the premises. Retailers of liquor that is notto be rank upon the premises are a different class of persons and are taxed differently. It is proposed by this para raph to to: all taverntecpers 25 dollars more for selling liquors to be drank on the premises than if they sold none. Now, a tavern where no liquors are sold is no tavern. All taverns, except now and then a temperance house, as it is ca led, sell what we prepose to charge 25 dollars for. In Pennsylvania O man licensed to keep a tavern is allowed by the law to sell liquors. A tavern keeperpays $200 a your rental, for what? To allow a man to call there and get a little bread and milk. He can get. nothing to drink there unless the tavern keeperpays 20 5 dollars extra. I therefore propose to strike out this proviso.
Mr. PIKE. The committee have just refused to adopt a very reasonable proposition I made in regard to small taverns. I ope they will not adopt the proposition of the Gentfrom Pennsylvania, Mr. Srsvans] which I consider a very unreasonable one. This para ph provides that tavern keepers whose rent hes not exceed $200 pernnnum shall ay a license tax of ten dollars. The proposition of the Gentfrom Pennsylvania is to allow a man to take out a tavern license of ten dollars, and then go into the retail liquor business.
Mr. STEVENS. Only to sell liquor to be drank on the premises.
Mr. KUYKENDALL. Retail liquor dealers always sell liquor to he drank on their remise s.
Mr. PIKE. If it was to apply only to those who did not sell liquor to be drank on the premises, then we would have to keep an in spector always on the premises to see if the liquor sold was or was not drank there. The effect of the amendment of the Gentfrom Pennsylvania. [Mr. Srsvass] will be simply to allow tavern keepers to retail li 11011 to any extent under the license of ten dol ars. I hope the amendment will not be adopted.
Mr. THAYER. I was the author of this proviso in the old law, and therefore I feel called upon to defend it now. I believe that no provrsion in the law has been more popular than this one. I think it is a tax which 9 10ths of every community will aprove. Now, without this provision in the law, any man who shall take out a small license for an eating saloon could sell any quantity of li nor without paying any ndditiondl tax at all. nd a man who sells 1,000s and 1,000s of dollars worth of liquors, as they do in the 1st class hotels of this country, could carry on a retail 1i our trade under this tendollar license a trn e exceeding in its profits the legitimate business of entertaining travelers, and not pay one cent additional to the Government for the purposes of revenue. I do not consider it necessary to say much in defense of such a provision as this. I cannot conceive in what manner a tax can be laid which will be more universally approved, or more justly imposed than by this provision.
Mr. PRICE. Let me ask the gentlernan whether he does not think it possible in this age of the world to keep a tavern without selling whisky.
Mr. THAYER. I do think it possible; and where that is the case, of course no tax is to be paid for liquor sold.
Mr. HENDERSON. Mr. Chairman, I view thisquestion Very differently from my friendfrom Pennsylvania, Mr. Srnvsss] who seems to think that public Houses where liquor is not sold do not generally keep anything in the shape of refres merits,encept bread and milk, or something of that sort. According to my observation, those houses that keep no liquor keep much the best revisions. Hence, I think that my respect friend, in the remark which he made, was not in earnest, but was only practicing upon the House on innocent Joke.
Mr. MORRILL. For the purpose ofter minating debate on this paragraph I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the House No. 513. to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 18134, and acts amendatory thereof, 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 House i bill NO. 618, all debate upon the pending par agraph and the amendments thereto terminate in one 2nd. The motion was agreed to. TAX BILL Again.
Mr. MORRILL moved that the rules be suspended, 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 itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No.513) to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on o public debt, and for other purposes, " approved gune 30, 1801, and acts ameudatory thereof. The pending question was on the amendment of Mr. STEVENS to strike out the following: Provided. That kOLPEFJof hotels, taverns, and eating houses. in which liquors are sold by rotnll, tp be drank upon the premises shall pay an additional tax of 25 dollars. The amendment was not agreed to.
Mr. BENJAMIN. I move to amend by inserting, after the word “act” in line 1135 the following: Provided. That a paymentofsuch special tax shall be construed to authorize the person so keeping a hotel. inn, or taveru to furnish the nce cssaryfood for the animalsof such travelersor smournors, Without the payment of an additional special tax as a livery stable kccper.
Mr. PIKE. I move to amend by inserting after the word "dollars, " in line 1138, the following: Pmrded, That in casethe receiptsof anykeeperof a hotel do not exceed$500a year. no licenseshall be required. The amendment was not agreed to.
Mr. SCHENCK. I move to amend by striking out the followmg: Th9 estimatedyearly rental of the houseand property Intended to be so occupied as follows. to wit: when the rent or valuation of the yearly rental of said house and procrty shall be $200or less shall pay ten dollars; an if exceoding$200.for any additional $100or fractional part thereofin oxcassof815”. live dollars and inserting in lieu thereof the following: The chargeperdicm theymakeagainsttheirguasts as follow, to wit: when the charge 5 dollars perday, or over.they shall pay 2.00operannum; when they churge lessthan 5 dollars perday, and notle ss than 3 dollars, they shall pay 81.00operannum when the chargeless than 3 dollarsa day, and not lesst an 2 dollars perday.they shall pay8100 or anuuin: when they charge less than twa dol ars perday, they shall pay a tax of 50 dollars perannum. So that the clause will read: Keepers of hotels. inns or taverns shall be classified and rated according to the yearly rental or if not rented, accordingto the chargeperdiam, 0.
Mr. PIKE. I move to amend the amendment by adding the following: and whenthey charge 81 50 or lessperday they shall not be required to pay tax. The amendment to the amendment was not agreed to. The amendment was not agreed to.
The Clerk read as follows: 21.Kecpers of eating houses shall pay ten dollars Eveiy place where food or refreshmentsof any kind, not me ridin spirits, wines. a lc, hour or malt liquors, are provide for casual viSitorn and sold for consumption therein, shall be reiarded as an eating licuse under this act. But the eeperof an eating house having paid the tax therefor shall not be reguired to pay a tax as a confectioner. anything in this act to the contrary notwrthstanding.
Mr. STEVENS. I move to strike out in line 1152 these words, “not including spirits, wines.” An eating house, as we understand it, includes the sale of oysters and fermented liquors, ale, beer, and other malt li uors. The words I havementioned ought O course to be stricken out, and the section ought then to remain so that these eating houses shall be allowed to sell, as they have always heretofore, ale, beer, and other malt liquors.
Mr. MORRILL. to the existing law. The amendment was disagreed to.
The Clerk read the next paragraph, as follows: 22.Confectioners shall pay ten dollars. Every person who sells at retail confectionery. swcctuicats conifits or other confects, in any building shall be regarded as n.cqnfectionor under this act. But wholesale and retail dealers, having paid the tax therefor shall not be required to pay the tax as a contcctioner. anything in this not to the contrary notwithstanding.
Mr. MORRILL moved to insert the word “s ccia ” before the word “tax.” he amendment was agreed to. l
The Clerk read the next paragraphs, as follows: 2!. Claim agentsand agents for procuring patents shall pay ten dollars. Every person whose business it is to prosecuteclaims in any of the Executive Deptsof the Federal Government, or procure patents, shall be deemeda claim or patent agent is the casemay be. under this act. 21. Patent right dealers shall pay ten dollars. Every person whose business it is to sell or olfer for sale, patent rights, shall beregardedas a patent right dealer under this act. 25. Real estate agents shall pay ten dollars. Every person whosebusiness it is to sell or offer for sale, real estalofor others or to rent Houses, stores or other buildings or real estate or to collect rent for plghers shallbe regardedas areal estateagentunder is ac. 2s. Conveyancers shall pay ten dollars. Every person, other than one having paid the tax as a lawyer or claim agent.whose business it is to draw deeds, bonds, mortgages, wills, writs, or other leqzail o This is exactly accordingpspers, or to examine titles to real estate, shall regardedas a conwyancer under this act.
Mr. MORRILL moved, in line 1181, before the word “ tax” to insert the word “ special." The amendment was agreed to.
The Clerk read the next 2 paragraphs, as follows: 27. Intelligence offico kccpers shall pay ten dollars. Every person whose business it is to find or furnish placesof employmept for others, or to find or furnish servants upon application in writing or otherwise receiving compensation therefor, shall be regarded as an intelligence office keeperunder this act. 28. Insurance agents sha i pay ten dollars. Any person who shall act as agent of any fire. marine, i fo, mutual or other insurance company or companies, to negotiateor procure insurance or which he receivesany commissionorcther compensation shall be regarded as an insurance agent under this act: Provided. Thatif the annual receiptsof any person as such agent shall not exceed8100, he shall pay 5 dollars cult: and provided/Miller, That no special tax shall is imposed upon any person for selling tickets or contracts of insurance against injury to personswhile traveling by land or water.
Mr. HOTCHKISS. I ask unanimous consentto go back in order to move an amendment. There was no objection.
Mr. HOTCHKISS moved in line 1178 after the word “others” in the paragraph relating to real estate agents to insert these words, “except attorneys being licensed as such.”
Mr. HOOPER, of Massachusetts. There are no licenses provided for in this bill. They are all special taxes.
Mr. OTCHKISS. I modify my amendment. then, so as to “ say special tax” instead of “ license.” The amendment was agreed to.
Mr. LYNCH. I move to amend as follows: Strike out in lines 1192 and 1193 the words“ ten dollars" and insert these words: “ whose annual recci llS exceed$100and do not exceed 8500shall 5 dollars; when over $500andnot exceeding 85., tendollars: when over 85.015 dollars." Also strike outlines 1198 and 1199 to and incluing the word “ only “ in line 1200. Mr. Chairman, the effect of this amendment Will be to exempt insurance agents who receive less than $100 and to increase the tax from ten to. 15 dollars on all those who receive more than $1,000. T here are very few who receive less than $100, while there are a great many whose annual receipts are large, running up, in some instances, to $200,000 perannum.
Mr. MOltRILL. The gentleman will perceive that in levying this special tax it is a sort of protection to those who pay the tax against those who do not. Now, if the gentlemans amendment is adopted it will allow all his neighbors to go into the same kind of business without the payment of any tax provided their receipts do not exceed $100. hope it will not he adopted. The amount to be gained by the other part of the gentlemans amendment is so smal and the burden upon the parties to keep the account would be so great that I think it will hardly be worth while to adopt it. The amendment was disagreed to. Mr; MORRILL. I move to strike out the word “to” inline 1195 and insert “shall.” The amendment was agreed to. l he Clerk road the next 2 paragraphs, as fbllows: 29.Foreign insurance agonts shallpay 50 dollars. Every person who shall act asagent of any foreign lira. marine. lilo, mutual, or other insurance compuny or companies shall be regarded as a foreign insurance agent under this act. 30. Auctioneers whose annual salcldonot mood $10,000shall pay ten dollars and if exceeding S10.000 shall pay 20 dollars. Every person shal be deemedan auctioneerwithin the meaning ofth s act when! business it is to otfer iroperty for sale to the highest or bestbidder: Proou all. That the provisions of thisparagraph shall not apply to udicial or executive ofllcers making auction s cs y virtue of any Judgment or decree of any court. nor public sales madeby or for executorsor administrators.
Mr. MORRILL. I move to strike out the word “for, ” in line 1213, and insert the words “at public;" so that it will read, “at public sale.” The amendment was agreed to.
Mr. HOLMES. I move to strike out the word “or, ” in line 1218, and to add to the para a h “ the words or guardians of any estate i215 by them as such; ” so that it shall read: Nor public sales madeby or for executors, administrators, or guardians of any estatehold by them as
Mr. MORRILL. I think that is right. The amendment was agreed to.
Mr. DAVIS. I suggest to the chairman of the committee the gropriety of amending this paragraph by inclu being in exemption sales t made by any mortgagee under foreclosure.
Mr. MORRILL. I think that ought not to be excepted. It is one of the most profitable sales we have.
Mr. DAVIS. I will then move to amend by adding to the end of the paragraph these words: Nor by any mortgagesunder mortgageforeclosure. The amendment was not agreed to.
Mr. HOTCHKISS. I move to amend by adding to the paragraph the words “an lawyers paying a tax as such.”
Mr. MORRILL. I do not know that I understand the gentlemans amendment. I doubt if we ought make such an exception as will allow lawyers to act as auctioneers. The amendment was disagreed to.
Mr. ELDRIDGE. I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally, and icularly the special order, being bill of the House No. 513, 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 amendatory thereof, and had come to no resolution thereon. TAXES IN ALABAMA.
The SPEAKER laid before the House a communication signed by B. M. Patton, governor of Alabama, without the seal of the State, in regard to taxes; which was referred to the ComWays&Means, and ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate lmd passed House bill No. 668, to repeal section 23 of chapter 79 of the acts of the 3rd session of the 37th Congress, with an amendment, in which the concurrence of the House was requested. Also, that the Senate had passed a bill and JtResolution of the followuig titles, in which e was directed to ask the concurrence of the House: An act (S.No.222)further to prevent smuggling, and for other purposes; and AJtResolution (S. o. 90) to suspend tem orarily the collection of the direct tax in the State of WestVirginia. ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill. reported that the committee had examined and found truly enrolled a bill of the following title; when the Speaker signed the same: An act (H.R.No. 280) making appropriations for the service of the postoffice dept during the fiscal year ending the 30th of June, 1867, and for Other purposes.
Mr. MORRILL. I move that the House proceed to the business on the Speakers table. The motion was agreed to. JOSEPH NOCK. The 1st business was Senate JtResolution No. 71, referring the etitious and papers in the case of Joseph ock to the Court of Claims; which was taken from the Speakers table, read a 1st and 2nd time and referred to the ComPostOffice. DANIEL WINSLOW. The next business was Senate bill No. 149, for the relief of Daniel Winslow; which was taken from the Speakers table, read a 1st and 2nd time, and on motion of
Mr. Lvxen referred to the ComJudiciary. GEORGE HENRY rnanLi i. The next business was Senate bill No. 175, for the relief of George Henry Preble, a commander in the Navy of the U.S.; which was taken from the Speakers table, read a 1st and 2nd time and referred to the ComNavAffrs. AMOSHEAG MANUFACTURING COMPANY. The next business was Senate bill No. 225, for the relief of the AmOskeag Manufacturing Company which was taken from the Speakers table, rea a 1st and s ond time, and referred to the Committee on aims. 1ST CONGREGATIONALSOCIETY, WASHINGTON. The next business was Senate bill No. 258, to incor orate the 1st Congregational Society Of Wasington; which was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComDistCol. CAPTAIN JOHN H. CROWELL. The next business was Senate bill No. 278, for the relief of Captain John H. Crowell, an asst quartermaster of the U.S. Army; which was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComClaims. NOTARIES PUBLIC, DISTCOL. The next business was Senate bill NO. 805, to amend an act entitled “ An act concernin notaries public for the DistCol, approve April 8, 1864; which was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComDistCol. COMMANDER CHARLES HUNTER. The next business was Senate bill No. 307, authorizing the restoration of Commander Charles Hunter to the Navy; which was read a 1st and 2nd time, and referred to the ComNavAffrs. JONATHAN w. GORDON. The next business was Senate bill No.127, for the relief of Jonathan W. Gordon, late ma1 jor in the 11thregimcutofiulhiitry; which was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComClaims. ASST SECYNAVY. The next business upon the Speakers table was Senate bill No. 818, to out orize the appointment of an additional Asst SecyNavy.
Mr. RICE, of Massachusetts. I ask that that may be put upon it passage now.
The SPEAKER. The motion of the Gentfrom Vermont [Mr. MORRILL] was to proceed to business upon the Speakers table for reference only.
Mr. RICE, of Massachusetts. I suppose it canbe considered new by unanimous consent.
Mr. MORRILL. Let the bill be passed over for the present and remain on the Speakers table. No objection was made. PREVENTION OF SMUGGLING, ETC. The next business upon the Speakers table was Senate bill No. 222. to further prevent smuggling, and for other purposes.
Mr. MORRILL. Let that be passed over for the present. No Objection was made. DIRECT TAX IN WESTVIRGINIA. The next business was Senate JtResolution NO. 90, to suspend temporarily the collection of the direct tax within the State of WestVirginia; which was taken from the Speakers table, read a 1st and 2nd time and referred to the ComWays&Means.
Mr. ELDRIDGE mtRtv the various votes by which the bills and JtResolution had been taken from the Speakers table and referred; on the table. Agreed to. TRANSPORTATION and COAL COMPANY.
Mr. INGERSOLL, by unanimous consent, introduced a bill to incorporate the Washington Transportation and Coal Company; which was read a 1st and 2nd time, and referred to the ComDistCol.
Mr. WILSON, of Iowa, mtRtv the bill was referred; on the table. Agreed to. PRIZE PROCEEDINGS, ETC.
Mr. DARLING, by unanimous consent, introdnced a bill to amend an not entitled “An act to regulate prize proceedings, ” &c., approved June 30, 1864; which was read a 1st and 2nd time, and referred to the ComNavAffrs. U.S. CIRCUIT COURT, VIRGINIA.
Mr. LAWRENCE, of Ohio. moved to take from the Speakers table Senate amendment to House bill No. 563, to regulate the time and fix the place for holding the circuitcourt of the U.S. in the district of Virginia, and for other purposes. The motion was agreed to. The amendment of the Senate was read. It is to strike out all after line 17 on page 1 to the end of the bill.
Mr. LAWRENCE, of Ohio. I move that the House non-cone in the amendment of the Senate, and ask for a ommittee of conference lhe motion was agreed to. COLLECTION OF DUTIES ON IMPORTS.
Mr. BOUTWELL, from the ComJudiciary, reported back House bill NO. 141, to amend an not entitled “An act further to provide for the collection of duties on imports;” which was ordered to be printed and recommitted. TAX 0N CIRCULATION or STATE muss.
Mr. LYNCH. I ask unanimous consent to “the Senate a communication submit the following resolution for consideration at this time: CuRruremnccyad. That the ComBanking and bodirccted to inquire into the expediency of so amending the not of i larch 3. 1865.imposing l Jtuaxlyof 10%. upon all State circulation after I, 1566as to exempt from suul tax all national banks which have applied for and have not received the amount of national bills to which they are entitled under section 21 of the national currency net: Provided. That the total amount of the circulationof said banksdoes not exceod the amount of national circulation to which they no entitled under and section.
Mr. ANCONA. I object. PROTECTION OF SOLDIERS, GRAVES.
Mr. BANKS, by unanimous consent, submit ted the following resolution; which was read, considered, and agreed to: Resolved.That the ComMilAffrs boinslructed to inquire and report what measuru may be necessaryfor the further grotcction of the rates of soldiers of the U.S. who have conburied within the limits of the insurgentstates. WASHINGTON LAND and BUILDING COMPANY.
Mr. MERCUR, by unanimous consent, introduced a bill to incorporate the Washington Land and Buildin Company; which was read a 1st and 2ndtime, and referred to the ComDistCol and then, on motion of
Mr. THAYER, (at 20 minutes of 5 Oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. Tnuasnn, May 17, 1866. Prayer by the Chaplain, Rev. E. H. Gun. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MBMORIALS. The PRESIDENT protempore laid before from J. H. Serment, accompanied by an address to the president and Congress of the U.S. by the Swiss committee in favor of emancipated slaves, expressing their gratification at the abolition of s avery in the U.S., and their earnest wishes for the prosperity of the American people; which was referred to the ComForRel. Mr. YATES presented the petition of Mrs. Nancy A. Stokes, of Williams count y, Illinois, praying for a pension; which was referred to the ComPensions. Mr. SHERMAN presented a memorial of citizens of Pittsburg, Pennsylvania, praying the enactment of a law authorizing the Cleve land and Mahouing Railroad Company to extend its route from the west line of the State of Pennsylvania to the city of Pittsburg; which was referred to the ComCommerce. REPORTS OF COMMITTEES.
Mr. LANE, ofIndiana, from the ComPensions, to whom was referred the petition of Harriet B. Crocker, of Bath, Maine, praying for a pension, submitted a report, accompanied by a bill (S.No.326) granting a pension to. rs. Harriet B. Crocker. The bill was read and passed to a 2nd reading, and the report was ordered to be printed. He also, from the same committee, to whom was referred the petition of Mrs. Katharine F. Winslow, praying for a pension, submitted a report, accompanied by a bill (S.No.237) granting a nension to Mrs. Katharine F. Winslow. The bill was read and passed to a 2nd reading, 1 and the report was ordered to be printed. ealso, from the same committee, to whom was referred the petition of Mrs. Abigail Ryan, praying for a pension, submitted a report, no comanied by a bill (S.No.828) for the relief of Mrs. Abigailityan. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. POMEROY, from the ComPubLands, to whom was referred a bill (H.R.No. 391) to create the office of surveyor General in Idaho Territory, reported it without amendment. He also, from the same committee, to whom was referred a JtResolution (S.R.No. 85) explanatory of and in addition to the act of May 6, 1804, entitled “An act granting lands to aid in the construction of certain railroads in Wisconsin, ” reportedit withoutamendment. He also, from the same committee, to whom were referred a memorial of the Legislature ofWise onsin, asking the assent of Congress to the route of the land grant railroad from Portage to Hayfield, and thence to Superior; a resolution of the Legislature of Wisconsin in favor of a change of the route of the land grant road from Ports e to Superior; and also a resolution of the Legislature of Wisconsin relating to the construction of the Portage and Superior railroad, asked to be discharged from their further consideration; which was agreed to. He also, from the same committee, to whom was referred a bill (S.No.286) 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, reported it with amendments. He also, from the same committee, to whom was recommitted a bill (S.No.224) to aid in the construction of a southern branch of the Union Pacific railway and to secure to the Government the use of the same for postal, military, and other purposes, reported it with an amendment.
Mr. KIRKWOOD, from the ComPubLands, to whom was referred a bill (S.No.309) to authorize Samuel Stevens, a Stock bridge Indian, to enter and purchase a certain tract of land in the Stockbridge reservation, Wisconsin, reported it without. amendment. He also, from the ComPensions, to whom was referred a bill (H.R.No. 434) for the relief of Isabella Strubing, reported it without amendment. He also, from the same committee, to whom was referred the etition of Mrs. Margaret Kaetzel, praying or a pension, submitted a report, accom anied by a bill (S.No.829) for the relief of 1rs. Margaret Kaetzel. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. WADE, from the ComTerritor, to whom was referred a bill (H.R.No. 178) amendatory of the organic act of Wash qington Territory, reported it without amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 202) to amend an not entitled “ An act to provide a temporary government for the Territory of Montana, ” approved May 26, 1864, reported it without amendment. He also, from the same committee, to whom was referred aJtResolution (H. It. No. 32) to facilitate communication with certain Territories, reported it without amendment.
Mr. CHANDLER, from the ComCommerce, to whom was referred a bill (H.R.No. 555) for the relief of Charles Brewerdz Co., reported it without amendment. Mr. NORTON, from the ComClaims, to whom was referred the petition of James B. Johnson, praying for compensation for property destroyed on the 14th of March, 1864, by a band of guerrillas under the command of one anderson, submitted an adverse report thereon; which was ordered to be printed.
Mr. POLAND, from the ComJudiciary, to whom was referred apetition of judges of the U.S. courts and citizens of the DistCol, praying that provision may be made for the payment of counsel fees for defending persons who are not able to employ counsel, reported that no legislation is needed on the subject, and asked to be discharged from its further consideration; which was agreed to.
Mr. HARRIS, from the ComPubLands, to whom was referred a bill (S.No.820) to amend an act entitled “An act for a grant of lands to the State of Kansas, in alter nate sections, to aid in the construction of certain railroads and telegraphs in said State, " approved March 3, 1863, reported it without amendment. BRIDGE 0N LAKE CHAMPLAIN.
Mr. EDMUNDS. The ComCommerce, to whom was referred the bill S.No. 316) to establish a post route from West lburg, Vermont, to Champlain, in the State of NewYork, and for other pnr oses, have instructed me to report it back with an amendment and recommend its passage, and I am also author to ask for the present consideration of the t. By unanimous consent the bill was considered as in ComWhole. It proposes to declare the railroad bridge across Lake Cham lain at Houses Point, connecting the Ogdens ur and Lake Cham.lain railroad, in the State of NewYork, with tie Vermont and Canada railroad, in the State ofVermont, to be a lawful structure and a ostal route. It further authorizes the Ogdens urg and Lake Champlain Railroad Company, their successors or assigns, and the Vermont and Canada Railroad Company, their successors or assigns, to keep up, maintain, and use the brid e for the transportation of the mails, and for the benefit of the general commerce between those 2 States, and the transportation of persons and property; and also authorizes them, in place ot the float now in use forming part of the bridgc, to construct and maintain 2 suitable draws, one at least 60 and one at least 90 feet in width, which shall be opened whenever required for the passage of vessels, except during and for 15 minutes prior to the passage of mail trains. The amendment reported by the ComCommerce was to add to the bill the following clause: and which draws shall be so constructedand man agedas at all times to affortlreasonable and proper facilities for the passageof vessels: Provided: This act shall besubject to amendment or repeal at the pleasureof Congress. The amendment was agreed to.
Mr. HENDERSON. I ask the Senfrom Minnesota if the bill is now in the shape in which the bill was that was passed the other do. for constructinv a bridge at Quincy.
Mr. HARRIS. This is a bill in relation to a bridge on Lake Champlain.
Mr. HENDERSON. Ibegpardon; Ithought it. was for the Mississippi river.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time and passed. NITRO GLYCERINE.
Mr. EDMUNDS. I am instructed by the ComCommerce, to whom was reerred the bill (S.No.313) to regulate the transportation of nitro glycerine or glynoin oil, to report it back with amendments, and with a recommendation that it pass; and, on account of its importance to passengers traveling to the pacific coast, I am instructed to ask for its present consideration.
Mr. GRIMES. Oh, no; let us havejt printed.
Mr. CONNESS. There is no necessity for printing it.
The PRESIDENT protempore. objection being made, the bill will lie over under the rule.
Mr. FESSENDEN. I would rather that it should lie over. I want the unfinished business of yesterday to come up.
Mr. CONNESS. Not in the morning hour, I hope.
Mr. FESSENDEN. Irefertotheunfinished business of the morning hour. It was a resolution offered in the morning hour and is the business of the morning hour. I do not wish to interfere with the presentation of memorials and reports; but I understand that the resolution to which I refer is the unfinished business of the morning hour. It was being discussed when the morning hour expired yesterday.
Mr. CONNESS. I do not wish to persist in asking for the immediate consideration of the bill; but it apears to me thatitis oneof such transe endent importance that it ought to be passed at once.
Mr. CONNESS. There is nothing in itthat the whole Senate cannot understau on hearing it read. It will excite no debate, I apprehend, and can be finished in 5 or ten minutes. It will be remembered that the memorial presented to this body, calling for the passage of such a bill as this, asked for its passage under a suspension of the rules. The Treasury Dept referred that the reparation of this bill should be made by the Solicitor of that Dept; and we have waited for nearly 3 weeks forit. This article has been transported on our passenger vessels. Only recently 25 pounds of it were carried out on a Pacific steamer, in the state room of a assenger, enough to blow that ship to atoms, with its 1,000 lives.
Mr. FESSENDEN. I will not object to it if it will not occasion any debate.
The PRESIDENT protempore. The objection being withdrawn, the bill is before the Senate as in ComWhole, and will be read.
Mr. FESSENDEN. I should like to inquire how the bill stands now with referenceto punishment.
Mr. EDMUNDS. The bill now makes the crime of ship )ping this article on board of pas senger vesse s, or the transportation of it with knowledge. manslaughter where death happens in consequence of the act, and punishes the crimeof manslaughter by imprisonment for ten yenrsor upward. Theshippingon boarda as senger vessel where death or any other accident does not occur is made merelyamisdemcanor, punishable by fine; and the rest. of the bill requires that when it is shipped by freightin vesselsor cars it shall be securely packed and marked.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time and passed. BILL INTRODUCED.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduceaJtResolution (S.R. No.95) amendatory of a resolution relating the investment of the naval pension and, approved July 1, 1864; which was read twice by its title, and referred to the ComNavAffrs. RECONSTRUCTION.
Mr. WADE submitted an amendment which he intends to offer to the JtResolution (H.R.No. 127) proposing an amendment to the constitution of a U.S. when it comes up for consideration. The amendment was received, and ordered to be printed. APPROVAL OF BILLS; A messa e from the POTUS, by liTr. Coorsn, his Secreta, nnnounced that the POTUS had approved and si ned, on the 16th instant, the following act on JtResolution: An act (S.No.810) to chan the place of holding the courts of the U.S. for the northern district of Mississippiand A JtResolution (VSV. o. 88) authorizing the Secretary of or to rant the use of certain lumber for the fair for e Soldiers and Sailors Orphan Home. FRESH WATER BASIN FOB IRON CLADS.
Mr. FESSENDEN. I now move to take up the JtResolution (S.R.No. 92) authorizing the appointment of examiners to examine a site for a fresh water basin for iron clad vessels of the U.S. Navy. The motion was se reed to; and the Senate, as in Committee oipthe Whole, resumed the consideration of the JtResolution, the ending question being on the amendment. O
Mr. F“OSTER, to insert after "Maine" the words and also NewLondon Connecticut.”
Mr. FESSENDEN. i hope that will not be inserted. The amendment was rejected. The JtResolution was reported to the senate without amendment.
Mr. SHERMAN. I have no objection to the examination proposed. I only want to enter my disclaimer now against the inference that was drawn from the report on the iron elads. We appointed a commission to examine into the cost of the iron elads, and that seemed to be the principal argument for passing the bill for the relief of those who built the iron elads. 1 be e the honorable Senfrom Maine, when his report comes in, will not consider that because we without objection vote for a commission to examine into the propriety of this work we are thereby force osed from any examination into the propriety of that report.
Mr. FESSENDEN. Ofcourse not. Ithas no sort of connection with it; not the slightest in the world. The JtResolution was ordered to be engrosse for a 3rd reading, was read the 3rd time and passed. BENJAMIN HOLLIDAY.
Mr. NESMITH. I move that the Senate proceed to the consideration of House JtResolution No. 103. The motion was agreed to; and the JtResolution (H.R.No. 103) to refer the petition of Benjamin Holliday to the Court of Claims was considered as in ComWhole. It provides that so much of the claim of Benjamin Hollidny as relates to, damages for change of route by military orders and property taken by the military authorities and appropriated to the use of the Government be referred to the Court of Claims for adustment. The ComClaims reporte the JtResolution with an amendment, which was in line 4, to strike out the words “ domagesfor change of route by military orders and;" so that the JtResolution will read: That so much of the claim of Benjamin Holliday as relates to property taken by the military authorities and appropriated to the use of the Government bereferredto t. O Court of Claims for adjustment.
Mr. TRUMBULL. I do notknow anything about this particular case; butI am entirely opposed to referring by JtResolution, which amounts to a law, special cases in this way to the Court of Claims. We have a general law giving that court jurisdiction of a certain class of cases. If the law is not broad enough, enlarge it; but this way of coming in and giving the courtjurisdiction of a particular case, some favorite case, I do not think is right, unless it is done under some very peculiar circumstances. There maybe some circumstances in this case which justify that species of legislation; but it is certainly a very bad way to be conferring upen a court of generaltion of a particular class of cases juikreisdthicis. special jurisdiction of some special case. In
Mr. POMEROY. The Senator must be aware that the ComClaims who pass on this class of claims have the opportunity of hearing testimony only on one side; the Court of Claims have an opportunity to examine witnesses on both sides, and I think it is safer for the government to let claims he tried where witnesses can be examined on both sides.
Mr. TRUMBULL. I entirel concur with the Senfrom Kansas. 1 thin so, too. I am not objecting to the court, but it is to giving the jurisdiction of a particular case in this way; and unless it is an exceptional case I do not think it ought to be done.
Mr. CLARK. This is a JtResolution from the HoRep. As it came to the Senate it was referred to the ComClaims and read in this way: “That so much of the claim of Benjamin Holliday as relates to damages for change of route by militar orders and property taken by the military au orities and a proriated to teuse of the Government be reerre to the Court of Claims for adjustment.” The ComClaims came to the conclusion to recommend to the Senate to strike out that rt of the claim which was for damages for c an of route, and to let the other part of the m for property alleged to be taken by military orders go to the Court of Claims, and no more; and we think that is a better tribunal than the ComClaims and the Senate.
Mr. POMEROY. I do not wish to contest the amendment, but I have this to say: Ben jamin Holliday, who had the overland contract, made his stations every 15 miles on a given route, and built houses. The military authorities told him to abandon all those and to go on to another line, because they could rotcct him from the Indians on that other ine. It is a question of equity whether he ought not to have some compensation for the abandoned houses and stations that he had built at great expense.
Mr. CLARK. I ought to say that the ComcClaims examined the claim so ihrns to see precisely what it was. I doubt very much whether he can set it any military order in the case; but we concluded to let the whole matter go for adjudication to the Court of Claims.
Mr. POMEROY. If he cannot set ii any military order, the resolution wasavery Earm.less thing as it was before.
Mr. CLARK. I think the amendmentshould be agreed to. The amendment was agreed to. The JtResolution was reparted to the senate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed, and the JtResolution to be read a t irg time. It was read the 3rd time and se. MABYSVILLE and PORTLAND RAILROAD.
Mr. STEWART. I move to take up Senate bill NO. 123. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.123) granting lands to aid in the construction of a railroad and tel aph line from the Central Pacific rail roa, in California, to Portland, on the navi gable waters of the Columbia river, in Oregon.
The PRESIDENT protampon. The comPublicLands reported a substitute in lieu of the original bill, striking out all after the enacting clause. The substitute only will be read unless the reading of the original bill shall be asked for.
Mr. WILLIAMS. Imove to amend the 1st section by striking out.all after the word “ completed, " in the 37th line, to the end of the section.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The Chair will inquire whether that isan amendment to the amendment of the commutes.
The PRESIDING OF ICER. It is not in order to amend that amendment, it having been agreed to in committee; but when the bill comes into the Senate it can be done.
The PRESIDING OFFICER. The question is on concurring in the amendment. made as in ComWhole, which is now open to amendment.
Mr. WILLIAMS. I move to strike out all after the word “completed” in the 30 7th line of the 1st section to the end of the section, as the words are repeated in another section of the bill.
The Secretary read thowords proposed to be stricken out, as follows:. Including all necessary groundsfor stations.buildings. workshops. depots. machine shops. switches. side tracks. turn tables. water stations or any other structuresrequiredin the constructionand operating of said road. The amendment to the amendment was agreed to.
Mr. WILLIAMS. I move to amend the 2nd section of the amendment, in line 12, by striking out the words “designated as aforesaid."
Mr. POMEROY. I wish to call the attention of the Senate to the fact that by striking out these words, “designated as aforesaid, " it will give these comanics the even sections outsi e of the ten mile limit. The committee have never agreed to that. We give the odd sections and reserve the even sections; but if you strike out the words “designated as afore said” it allows them to take the even sections out of the 1st ten mile limit to make up the deficiency.
Mr. POL IEROY. That is the purpose of this amendment. The committee are opposed to it.
Mr. POMEROY. We have never reported a bill to allow them to take both odd an even sections. There is a rent pressure upon the committee to induce them to do so; ail these railroad comanics desire it; but we have refused, up to this time, to grant anything of that kind. In the history of this legislation there is one such instance on record, I believe. where the roads crossed each other, and one company ot the even sections and the other the odd; at I think it is against the manner in which we have disposed of the public lands to grant anything of this kind. e reserve the even sections, because it is supposed they will sell for twice as much as the odd sections that are given away. That is the principle upon which we report these bills. admit that in the mountain regions of Oregon, perhaps, they will never get enough agricultural land to make a road; but that is the fault of the country; it is not the fault of the committee. We cannot guaranty the land all to be good. We reported this bill precisely in harmony with our system, in the way we have reported them all. If the Senate now agree to this amendment proposed by the Senfrom Oregon, it will be considered as an instruction to the ComPubLands to report these bills hereafter with a provision giving both the even and odd sections.
The PRESIDENTpro tempers. The morning hour having expiied, jt becomes the dot of the Chair to call up the special order, which is the unfinished busmess O yesterday.
Mr. WILLIAMS. I hope the Senfrom Maine will allow us to get through with this bill.
Mr. FESSENDEN. I would rather not give way. I declined yesterday finishing a resolution in which I was particularly interested for the reason that I desired to go on with the appropriation bill when the hour arrived. KH. WILLIAMS. There is to be no other amendment proposed to this bill, and I am willing the Senate should vote at once upon this amendment.
The PRESIDENT protempore. The special order will be laid aside informally if there be no objection on the part of any member of the Senate. The Chair hears no objection. The question is on the amendment offered by the Senfrom Oregon to the amendment made as in ComWhole. The amendment to the amendment was rejected. The amendment, as amended, was concurred in.
Skip Skip The bill was orderengross for a 3rd reading. was read the 3rd time, and passed. Its title was amended so as to read: Abill granting lands to aid in the construction of a railroad and telegraph line from the Gentral Pacltic railroad, in California, to Portland, in Oregon." CONSULAR and DIPLOMATIC BILL.
The PRESIDENT protemporc. The special order, being the bill (H.R.No. 26]) making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1867, and for other purposes is now before the Senate, as in ComWhole, the pending question being on the amendment progosed by the Senfrom Massachusetts, [iMr. SUMNER] toinsert at the end of section 2 the following words: and the compensationof William Hunter. Esq. chief clerk of the Dept of State shall be at the rate of $3, 590a year; and ii.sufficient sum is herebyapplro noted for this purpose out of money in the Treasury not otherwnio appropriatnew.
Mr. FESSENDEN. It does not state wh 1 the comeusation is to begin.
Mr. SUMNER. I presume with the passage of this bill.
Mr. FESSENDEN. You should say “from and after the 30th day of June next.
Mr. SUMNER. I should like to have it embrace the last year.
Mr. FESSENDEN. That language will not embrace it and we never O back in such cases.
Mr. SUMNER. Coul we not say “from the lst of January?”
Mr. FESSENDEN. Oh, no; we should not do that; it would make a bad precedent.
Mr. SUMNER., Then I will insert the words “ from and afterthe 30th of June next."
Mr. FESSENDEN. I wish the Senator would put his amendment in the shape of a new section. It now comes directly after section two.
Mr. FESSENDEN. But you make it come in as a part of section two. It should be a new section.
Mr. SUMNER. Idesire to have it as a new section. The Clerk can change it in that respect.
Mr. FESSENDEN. Letitbe read again as it now stands.
The Secretary read it, as follows: and be“ Abife: That from and after the 30thday of June. 1866, the comiBnsation of William Hunter. Esq., chicf clerk of the eparlment of State, sshuamllibse haetretbhye rate of 2.3.500a year and n sulficiciit a proiriated for this purposeout of any money in this reusury not otherwise approprinted.
Mr. FESSENDEN. I will state to the senator that in the legislative and executive appropriation bill there is an appropriation to pay iis present salary, which is $2, 200, and all that it is necessa font lie Senator to insert in this amendment is “an amount necessary to pay the additional salar herein provided for is hereby appropriate." 8m. Otherwise you make 2 appropriations, one in the legislative and executive bill, and one here, for tesame pus pr.osGe.RIMES. It ought not to be here at all.
Mr. FESSENDEN. I know that. but I want to perfect it as well as I can. Isuggest to the Senfrom Massachusetts to make his amendment read, “ and the amount necessary to pay the increased compensation herein provided for is hereby appropriated, ” (so. If it creates no debate I propose that itshall coine
Mr. SUMNER. Let itbe so changed. When I draw it, I thought that any subsequent bill might be altered with reference to this. 1
The PRESIDENT protemporc. The amendment will again be reported as modified.
The Secretary read it, as follows: Abife:.That from and after the 30thofJune, 1866 the compensationof William Hunter, Esq. cliiet clcrk of the DeptofState shall be at the rate of $3.509perannum; and the amount necessar to pay the increased compensation herein provide for is licrebyappropriated out of anymoney in the Treasury not otherwiseappropriated.
Mr. HENDRICKS. The Senfrom Massachusetts reported from the committee a proposition, not t ie one that is now before the Seu ate. I do not understand that this particular proposition comes before the body with the indorsement of the committee, but I understand that it is his own proposition.
Mr. SUMNER. I beg the Senators pardon; i he will allow me to interpose an explanation. In the committee the subject was discussed in the alternative, and I was authorized, in my discretion, to present to the Senate a proposition in the alternative, as at the moment should seem best. The committee 1st inclined in favor of the proposition which is now under consideration, but on a 2nd thought it seemed that it might be better to include all the employes of the Dept of State, and I was instructed to act accordin ly. I presented, therefore, it will be remembered, yesterday, a gcgeral proposition, applicable to all the clerks in the employment of the Dept of State. That seemed to find little favor; Senators were against it; and I then withdrew it, and substituted the proposition now before the Senate; and on that occasion I assigned some reasons in favor of the proposition which seemed to meet a very nerous response from all sides. There seemed eto be a general opinion that we ought to do something for this very faithful and eminent public servant.
Mr. TRUMBULL. It seemstome the form of this amendment is objectionable. It proposes to pay a person by name a particular salary, not to the officer. Is that usual? I would inquire. So far as my recollection of the stat utes extends, the salary is atlixed to the office, not to the person. The judge of a court, the head of a Dept, the head of a bureau, has so much salary; but here is a provision to give a person by name so much salary. I should like to inquire if that is not unprecedented.
Mr. SUMNER. I believe it is unprecedented, and the fact that it is unprecedented is a reason for it on the present occasion. The case of Mr. Hunter was presented last evening as exceptional. Heis exceptional in the lengthof his service, in the character of the labort iat he has performed, and in the trust which he has enjoyed. Mr. Hunter is exceptional in all these respects; and in drawing the proposition now before the Senate, I thought it better to treat the case as exceptional, so that it should not in any respect he a precedent. That brings me to the position of the Senfrom Indiana. He thinks we ought to embrace all the clerks in the Depts at once.
Mr. FESSENDEN. All the chief clerks, as I understood him.
Mr. GRIMES. I ask for the yeas&nays on the amendment. The yeas&nays were ordered.
Mr. GRIMES. I desire to say that I am perfectly content to pay Mr. Hunter $3, 600, and if the Senfrom Massachusetts will put his proposition in such a shape that I can consistently do so, I will vote for it with cat pleasure. We all know the services Mr. Hunter has rendered to the country in that Dept. I believe that it would be well to have a 2nd Asst SecyState there; and if the Senfrom Massachusetts will put his amendment in that shape I will vote for it most cheerfully; but this idea of singling out Mr. Hunter as the only clerk in all the Depts of the Government who is to receive an additional compensation is invidious, unkind to the rest of the clerks, and will be attended with verybad consequences, I think, in the future. I can see very well how we are going to be annoyed, when other appropriation bills come up, with clerks, friends of ours, who will come here and be constantly importuning to have themselves named, and then we shall have a personal discussion upon the merits and qualifications of each one of those clerks whose name may be suggested by a member from his State or by a member of the Senate who may be interested in him.
Mr. SUMNER. There is an easy answer to my friendfrom laws, and if I can have his attention I think he will be satisfied, though he is not very easily satisfied where he has made up his mind the other way. I am told that not very long ago a proposition was made to Mr. Hunter that he should become what the Senfrom Iowa proposes now, Asst SecyState. He did not enter into the idea; it was not agreeable to him; and for this reason: he saw that the office of Asst SecyState would be a political Office to be changed with the change of Administration. He had been there as a public servant knowing only his country for more than 30 years, and he preferred to continue with the humbler title, so I am assured, rather than have another title which might subject him to the vicissitudes of our politics. Now, if we should carry out the idea of the Senfrom Iowa, which I know he presents in good faith, we know not. that Mr. Hunter would not at the close of this Administration be ejected, with others in a similar situation. I wish to give him this compliment now in his declining ears and to assure to him a position from which according to the course of things under our Government he will not be ejected. I wish to give him something which shall be an assurance of the future.
Mr. SUMNER. Do I understand that the Senator would be for a proposition to make him Asst Secretary?
Mr.GRIMES. You can carry it in that she e.
Mr. SUMNER. It isjnst as much in order on this bill as is the proposition to make a Solicitor.
Mr. GUTHRIE. The chief clerk of this Dept, I have no doubt, is very essential to the office, and no new Secretary would like to undertake the business without the information possessed by him, or by some one who had been for some time in the office, and had. taken some pains to understand the business. This gentleman knows more about our relations with all the Governments of the world than any other individual in the State Dept. He has been there aver long time; he has frequently discharged the uties of SecyState, and he is ery inadequately paid. I confess that I thong t, when the place of Asst SecyState was created, it should have been offered to him, and he shunld have had the additional compensation which that place would have given him. I am in favor, however, of giving him additional compensation in some form, because it is a real necessity at the present time. If gentlemen ca. but the proposition in any more appropriate form than that in which it is now presented, I shall be glad, becauseI feel constrained, knowing this individual and his essential services to the Government. to vote for an increase.
The PRESIDING OFFICER. (Mr. CLARK in the chair.) The Secretary will call the roll on the amendment of the Senfrom Massachusetts.
Mr. FESSENDEN. I understand that the Senfrom Massachusetts proposes to with draw the amendment and offer we in a different form.
Mr. SUMNER. I was about to substitute a proposition following out the suggestion of the Senfrom Iowa, and I am drawing it up now.
Mr. FESSENDEN. Iwill move one or 2 amendments in the mean time.
The PRESIDING OFFICER. Does the Senfrom Massachusetts withdraw the present amendment?
The PRESIDING OFFICER. It may be withdrawn by unanimous consent, the ycas&nays having been ordered. The Chair bears no objection and the amendment is with drawn.
Mr. FESSENDEN. I move to amend the bill by adding at the end of section 2 these words: To commenceon the lst day of Ju] ly. IE6 and the amount necessaryto pay the same is hereby appropriated.
Mr. TRUMBULL. I suppose it will be in order to move to strike out the whole of section 2, after that amendment shall have been made, because I intend to make that motion.
The PRESIDING OFFICER. That motion will then be in order.
Mr. TRUMBULL. I do not think we should go on making these Solicitors.
Mr. FESSENDEN. Let him perfect the section 1st.
Mr. TRUMBULL. Very well. The amendment was agreed to.
Mr. FESSENDEN. I move in line 99 of section one to insert the word “5” after “ 20 ” and before “1,000, ” so as to make the gross appropriation for salaries of consuls general, consuls, and commercial agents $425000. We have provided for some new salarie Officers here, and it may be well therefore to add $5,000 to the appropriation. The amendment was agreed to.
Mr. TRUMBULL. I now move to strike out section 2 of the bill.
Mr. SUMNER. I hope the Senator will allow me to finish my amendment.
Mr. TRUMBULL. I hope the Senator does not mean to put it on as an amendment to section two.
Mr. SUMNER. I am not going to put it on section 2, but to have it as a provision by itself.
Mr. TRUMBULL. Very well, then, it is in order for me to move to strike out section 2, and I do so.
Mr. SUMNER. I believe it is not in order until the committees get through with their amendments.
Mr. TRUMBULL. I suppose it is in order at any time for me to make a motion in reference to the bill whenever I can get the attention of the Chair.,
Mr. SUMNER. Is it not the rule of the Senate that the committees are 1st to get through with their amendments? I was going on with the business of my committee and have not yet got through.
The PRESIDING OFFICER. Does the Senfrom Illinois withdraw his motion?
Mr. TRUMBULL. No, sir. There is no.other motion before the Senate with reference to the bill; and I move to strike out section two.
Mr. SUMNER. If I can have the floor on the business that was pending I will move a section to come in immediately before section 2, from the ComForRel.
Mr. FESSENDEN. I ask the Senfrom Massachusetts if he is authorized by the committee to recommend the creation of a new office.
Mr. SUMNER. This is carrying out the main idea of the committee.
The PRESIDING OFFICER. The amendment of the Senfrom Illinois is in order, unless withdrawn.
Mr. TRUMBULL. It is not a matter of much importance, but it is very manifest that the Senfrom Massachusetts, unless he is the committee himself, cannot make these motions from any committee. He has not charge of the bill.
The PRESIDING OFFICER. the question is on the amendment of the Senfrom Illinois. That Senator moves to strike out section two. The section will be read.
The Secretary read section 2, as amended, as follows: 8:0. 2. Abife: that the president he, and he is hereby.authorized to appoint, by and with the advice and consent of the Senate an officer in the Dept of State to be called Solicitor to the Deptofstate. at an annual salary of83,000, to commenceon the 1st day of July, 1866;and the amount necessaryto pay the same is hereby approprinted. I
Mr. TRUMBULL. In making this motion, am not, governed by any considerations of objection to having a law officer for the State Dept, if one be necessary; and I am not prepared to say that it may not be necessary to have advice in connection with that Dept; but the question which influences me is this: before the war the Law Dept of the Government was the AttyGens Dept, and all the other Depts the Suite, the War, the Navy, the postoffice, the Interior whenever a question arose about which there was a doubt in the construction of a law, referredthat question to the AttyGen. There was an exception, I think, in the case of the Treasury Dept, which has had a Solicitor for some years, and crhaps it is necessary that there should be it olicitor in the Treasury Dept, not for the purpose of advising that epartineut as to the construction of laws, but for the purpose of.s.iding in the collection of claims.
Mr. JOHN SO N. The Solicitorof the Treasury wasap inted for the very purpose of superintending the prosecution of suits or the defense of suitsin which the Treasury was concerned; but when the Secretary desired any opinion he.always consulted the AttyGen.
Mr. TRUMBULL. So I supposed; when ierera legal opinion was desired by the SecyTreasury, it was obtained from the l AttyGen, and the Solicitor in the Treasury Dept was appointed merely to attend to the collection of claims, and there maybe appropriety for such an officer there. But during the war the War Dept had a Solicitor attached to that Dept, and so also had the Navy Dept. The postoffice Dept has now a Solicitor, and a bill is pending, I think, to give an Asst Solicitor to the Treasury Dept.
Mr. GIEIMES. The office of Solicitor of the Navy Dept expires with the war or within one year thereafter.
Mr. FESSENDEN. I say it has always gone on inside of the Dept; and the It has been done for aboutquestion here is not whether you will have them sent out to another Dept, but whether on will have an officer of a higher grade an of more intelligence u man whom you cannot get for $1, 800, the salary of a 4th class clerk to advise the Secretary as to the facts on these questions. They cannot send these papers out of the Dept. If they were reiiired to be sent to the AttyGens O cc they would lumber up that office to such an extent that you would require a new building entirely for his Dept, with the number of papers that would come into his possession, an it would lead, in my judgment, from the little observation I have had, to infinite delay and infinite confusion in the Depts. That is whatI think about it. The real question is, not whether you will send them to the AttyGen for that is impossible; you cannot send the business of other Depts there but whether these questions, the infinity of them that now arise, owing out of the war and claims on both si es, are of importance enough to allow the Secretary an Officer, with the pay of $3,000, an officer of a higher class than he is at present able to employ. That is the simple question; because, to attempt to carry out the idea of the Senfrom Illinois on tesubject would, in my judgment, be an entire failure, and must necessarily be so.
Mr. TRUMBULL. How could it. be a fail ure when this Government has been carried on in that we always until 1860?
Mr. FESSLNDEN. It has not been carried on in that way.
Mr. TRUMBULL. There had been no Solicitor in any Dept except the Treasury before 1860.
Mr. FESSENDEN. I will tell you how it has been carried on. Greatquestions, as the Senator supposes, arising in the Treasury Dept, are sent to the AttyGen for an opinion. That has always been done; that will be done now; but I tell him there are 100s of questions coming up from day todayin the Depts that you never think of sendin out of the Dept, and which could not e sent out of the Dept without making confusion in the business of the Dept. You cannot do it in the way the Senator proposes; it would not be done; and the onlyquestion is, whether you will have an officer of1 a higher grade to attend to these matters or not. There has not been a necessity for such an officer in the Dept of State until at present. But the Senator must see that there will be a very large number of these claims. The SecyState has been able hitherto, from the very little business to be done in the Dept, to attend to those questions and examine them himself. He would only receive one occasionally. Now they come in in very large numbers. That is the difference.
Mr. TRUMBULL. I never contemplated that every question in regard to the settlement of a claim and every question in regard to what a statute was, was to be sent out of the Dept. I never supposed that. I supposed that the Government would be conducted just as it had always been conducted up to 1860; that when the question involved was the construction of a statute of general importance, about which there was a dispute, it would be referred to the law officer of the Government, and that construction would govern the SecyInterior as well as the SecyWar. But how is it now? Why, sir, the district attorneys in the U.S. are receiving instructions one way from one Dept and another way from another Dept; and what are they to do? I have had) a letter within a few days from the district attorne for the northern district of N NewYork I believe it is in my committee room now in which he says he has had one sort of instructions from the AttyGen and conducted his business one way under those instructions, and that now he ascertains that the suit which he was conducting in the court is taken out of his hands by an instruction from one of the Depts of the Government.
Mr. TRUMBULL. That came from the Treasury. The case was connected, in some way, with the revenue. He was pioseentin the suit; and he writes me that the suit ha been settled for 3 weeks, and he knew nothing about it, without the knowledge of the court or anybody else a case ending in court.
Mr. FESSENDEN. Get y likely, and very properly.
Mr. TRUMBULL. No, not cryproperly. Surely the Senfrom Maine oes not mean that there should be that want of harmony between the different Depts of the government. He does not mean that when he, as an attorney, is prosecuting a suit, his client, or anybody else should settle that suit without giving him notice.
Mr. FESSENDEN. If it is within the power and jurisdiction of the SecyTreasury to adjust it, it is very properthat he should adjclist it. i
Mr. TRUMBULL. If he did adjust it he should not do it in that way. I know the senator would not like a client of his to do that if he was attending to a suit for a private party in a court.
Mr. FESSENDEN Let me sayto the honorable Senfrom Illinois that the business of the Treasury Dept is not conducted exactly as he used to conduct his law office in the State of Illinois. That is the difference between the 2 cases. One is a little larger than the other, and involves other questions.
Mr. TRUMBULL. Undoubtedly; butI suppose we may illustrate great things by smallones.
Mr. TRUMBULL. It is not an improper illustration, 1 think, when speaking ofu pradtice which prevails, where an officer oi the Government is charged with a duty and is in the exercise of that duty, and he finds that another Dept of the Government. without any no e to him, has disposed of the business which is intrusted to him. I know very well the Senfrom Maine does not think that proper, because the district attorney might be putting the Government to expense by sum moning witnesses and prearing to try a case in court which had been disposed of without his knowledge. That should not be. That is a.small matter, the Senator says. I only mention it by way of illustration. Now, I do not propose that every question that arises in the Depts is to be sent to the AttyGen’s office for a legal opinion. I never contemplated any such thing as that. That was not the practice of the government during the 1st 70 years of its existence. Until 1860 no such thing as a Solicitor in the various Depts of the government was known, with the single exception of the Treasury Dept. Since then we have been multiplying these officers. Now if you will notice the etter of the SecyState, it is not simply in regard to claims that he desires to have a Solicitor appointed in his Dept, but he says that important principles of law are to be settled, international principles. If international principles of law are to be settled, they should not be submitted to a Solicitor employed in one of the Depts of the Government, but they ought to go to the head of some Dept. They are the most important questions that can be settled, and may involve the honor and faith of the nation.
Mr. FESSENDEN. They go to the head of the State Dept.
Mr. TRUMBULL. Very well. In England we know that the o inions of the law officers of the Crown are taken when great questions of international importance are involved of a legal character, and I apprehend it would be so here. It ought to be so here.
Mr. SUMNER. But in the British Foiign Office there is a person whose particular duty itlis to grind out these particular classes of claims. opens.
Mr. TRUMBULL. I apprehend that the general class of this business thatis spoken of would nevergo to the AttyGens office, and therefore the objection does not obtain which the Senfrom Maine makes.
Mr. TRUMBULL. Let it be done just as.it was always done before 1860. This was a great Government before that.
Mr. FESSENDEN. I know it was; but then we did not. have these claims.
Mr. TRUMBULL. The Dept did not have this Solicitor then. We had a war in 1812; we had a Mexican war; and we have been able to conduct the Government without having an Attorne General in each of the Depts of the government, for that is what this proposition amounts to. The objection to it is the diversity it leads to in the construction of law; the some opinions do not obtain in the different Depts of the Government. I think it won [I be much better for the public service that there should be one odicer to put the construction upon astatuto which is togovern all the Depts of the Government. It is a matter of public interest, as I conceive, and best for the public service. I have suggested it to the Senate. The Senate will O with it what it thinks proper. I think the pradtice of establishing these Solicitors in the different Depts is a very bad one. If the Senate think differently, they will retain this section. That is all there is of it. I have discharged my duty with respect to it.
Mr. FESSENDEN. Let me ask the Senator another question. In the Internalrevenue Bureau there are a large number of questions arising every day. They have an officer there he is not called a Solicitor to whom those questions are referred and to whom a salary is paid I do not know how much under the General authority giving additional compensation, where it is absolutely necessary, to certain officers, more than the amount allowed by law; I believe he gets $2, 600. Does the Senator suppose thut all the questions of law arising there, which come up every day, can be settled at the AttyGens office?
Mr. FESSENDEN. Then you must have a Solicitor of that bureau it is absolutely necessary; or you must have a man, no matter what you call him you may call him a clerk, if you lease but an able lawyer, a man who can ta e up the questions and examine and settle them; unless you mean to declare that, in addition to all the immense business he has to do, the head of that bureau must settle all these questions and examine them for himself. This hasgot to be a very great concern oflate years, an you cannot take questions that arise in the bureaus of the Depts appropriate to them, and send them out of the Depts to be settled.
Mr. TRUMBULL. I suppose the ComrIntRev is appointed for the very purpose of executing the internalrevenue law. Most of it is matter of detail. It is not upon every section of the law that there will be a controversy. He establishes rules and regulations to carry the law into effect. Occasionally some questions of doubt in the construction of a statute may arise, on which it would be very proper for him, probably, to take the opinion oft ie head of the Dept, the SecyTreasury, and through him of the AttyGen. I believe the bureaus do not apply directly to the AttyGens office. am not quite sure what the practice of that is; butI suppose the a plieation for the Opinion comes from the bee of the Dept. But most of these questions are settled by the heads of the bureaus. It is not to be presumed that there is to be a controversy about every section of a statute or the execution of it.
Mr. FESSENDEN. Does the Senator know that within the 1st 2 years of the establishment of that bureau there were legalquestions of construction settled which were pub ished in a volume of about 4 or 500 pages?
Mr. TRUMBULL. ungainly? and i great deal of that there was no controversy about in the world. Very few of its points were controverted points. Some construction was to be put upon the statute and the mode of executinv it, and the Commissioner at that time had to inaugurate the system. But I have said all I desire to say about this matter, and detained the Senate longer than I had any intention of doing in reference to it. I regard it as a matter of general importance in the administration of the Government affairs to preserve uniformity of decision, and harmony in the Government, and between the different Depts of the Government. I have thought it better that we should not create these law officers of the different Depts. I believe the Senate understand it. I shall be satisfied with whatever decision they make. My motion is to strike out this section, with a view, if it is stricken out, ofinereasin" the force in the AttyGens office sufficiently to discharge what I suppose would be the properduty to be discharged by the Law Office.
Mr. SUMNER. I will only make one remark. It seems to me the Senfrom Illinois strangely forgets the change in the condition of things. He asks why we should not go on now as we have for the previous 60 years. There is a very sufficient answer: the machinery of the previous 60 years is not adequate to the work which we have to do now. In some places you are obliged to change the machinery; in other places you are obliged to add to it. We are to d that new occasions teach new duties, and I believe that the great occasion of our war has taught new duties to the Government of this Republic. The re is no part of the Government which can be conducted now and in times to come as it was conducted before. A larger machine will be required. Newpersons must be summoned to the work, and among those who are to be summoned to the work is the Officer which the Senfrom Illinois seems so much disposed to oppose.
Mr. FESSENDEN. I will ask the Senator to compare the 2 propositions. The honorable Senfrom Illinois admits, in a ument, that the AttyGen cannot dot is business, he cannot ive these opinions, but it must be done by subordinates, and he sa 3 the subordinate officers to be employed should be employed in the office of the AttyGen. Where is the difference? If you have got to have the officers and got to pay them, why send them all to the AttyGen, when the questions to be settled are right in the different Depts? You do not care to have the Attorne Generals opinion except upon a statement O principle.
Mr. JOHNSON. he onorable member will permit me to say that I suppose if these Solicitors were placed in the office of the At torney General, they would be subject to his control.
Mr. FESSENDEN. Exactly; and therefore the different Depts would lose the control of their own business. If they have got 50 claims in the Dept of State, which the Secretary cannot look at, which cases are to be made 11 and stated, which can be done by any good lawyer, if he can get a good lawyer, instead of having that work done in his own office, in his own time, and under his own eye, he must send it to the AttyGen for some subordinate in his office to do the same thing, who is to be paid the same dmount. As I said before, the effect is to run the Depts into each other and create infinite confusion.
The PRESIDENT protempore. The question is on the motion of the Senfrom Illinois to strike out the 2nd section of the bill.
Mr. SUMNER. I ask for the ycas&nays upon that motion. The yeas&nays were ordered; and being taken, resulted yeas 18, nays ABSENT IT. So the amendment was agreed to.
Mr. SUMNER. NowI send an amendment asfl new section to the Chair, to.come in precisely where the one just struck out was: and beutfurthtrmacted, That the President be and he is hereby.authorized to appoint, by and with the advice and consent of the Senate.a 2ndAsst SecyState. in the Dept of State. at an annual salary of.500, to commenceon the 1stday of July. 1866;an the amount necessaryto pay the sameis hereby appropriated. A Senator near me says he will not go for this amendment unless I put in the name. It is perfectly well known that it is intended to give an opportunity to appoint Mr. Hunter, and the authorities, I presume, will take notice. There is no need of inserting his name; and the remark of the Senator is simply a criticism for an excuse. I hope the Senate will adopt the amendment Without a division.
Mr. FESSENDEN. I ask for the yeas&nays upon it. The yeas and uays were ordered.
Mr. CLARK. It is perfectly apparent to everybody that this attempt to appoint an Asst Secretary is to get an increase of salar; not for the wants of the service, but to give Mr. Hunter an increase of salary. I am not in favor of any such proposition. If the wants of the service absolutely required a 2nd Asst SecyState I would be willing to vote for it.
Mr. TRUMBULL. Is the advice and consent of the Senate required to this appointment?
Mr. CLARK. The advice an consent of the Senate is required; but this office is not now proposed to e created because the government needs it, but simply to give an increase of salary to Mr. Hunter. It is only another evidence of how men will squirm around to get more pay
Mr. SUMNER. The Senator says this is simply to have an increase of salary. It is to make a place for a valuable public servant. There is the simple fact. When I proposed to give an increase of salary outright to him as chief clerk, Senators said that that was contrary to fprecedent it would be a bad precedent for the uture. “ aka a new office, Asst SecyState, and see that he is appointed to that." Now, I have done what I could in order to brin that about, and Senators then come forwar and say, “ But you are creating a new office as an apology for giving a man additional salary.” Sir, I accept the statement. It is in order to give an additional salary to a well deserving public servant, and it is because in no other way can we give him ade uate compensation.
Mr. SUMNER. I know it is perectly right, and it on ht to be done.
Mr. TRUMBULL. We have the avowal, then, and it is indorsed by the Senfrom Pennsylvania, that it is perfectly right in this time of taxation and rest debt to create an office, a place, for no other purpose in the world than to ay a salary.
Mr. SUMNER. Very well; to reward a fiiithful public servant.
Mr. DAVIS. I understand that a bran new principle is to be introduced into our Government; and that is, that a new place shall be created for every deserving o cer. I am opposed to that principle.
Mr. COWAN. I think the Senfrom Massachusetts has stated the question just abbut as well as it could be stated. HonorableSenators will not vote a valuable officer that which they admit themselves to be a sufficient comiensation for him. Why? As I understand, ccause he is called a clerk. The honorable Senfrom Massachusetts proposes to change his name; that is the whole 9f it; and l think he is perfectly right in availing himself of that privilege new, in order to achieve what I look upon as a good purpose in the end. the question being taken by yeas&nays, resulte yeas18, nays 17; ABSENT 14. So the amendment was agreed to.
Mr. SUMNER. I offer this amendment to come in as a new section at the end of the bill: Anrl be it envoy extrafuorrtdhinear reynacted, That the salary of any and minister plenipotentiary hereafter appointed shall he the salary of a minister resident and nothing moreI except when he is appointed to one of the countrieswhere the U.S. are new represe ritedby an envoy extraordinary and minister plenipotentiary.
Mr. SUMNER. I beg the Senators pardon; we voted on adifferent preposition which had something of the same idea. The proposition which is now submitted is substantially the proposition of the Senfrom Ohio, Susanna] The Senate will see its appPiclration ifI call their attention for one minute to the consular and diplomatic act of 1856, which undertakes to fix the salaries of envoys extra ordinary as follows: here is what is called schediileA; there are 3 clauses to schedule A: “ GreatBritain and France, each $17, 600;” the 2nd clause is “Russia, S ain, Aus tria, Prussia, Brazil, Mexico, and hina, each $12,000, ” and then comes clause 3rd, “all other countries, each $10,000.” In point of fact I understand that under this 3rd clause we have now envoys extraordinary and ministers plenipotentiary in Peru and Chili. The object of the section which I have offered is to declare that in all other cases exceptthose on which Congress has already acted: and which I have now named, where an envoy extraordinary and minister plenipoten tiary shall be apointed, his salary shall no longer be what it may be under this act, $10,000, but it shall be $7, 600; in short, it shall be reduced to the salary of a minister resident. The proposition accomplishes, to a certain extent, the purpose aimed at in the proposition which I moved yesterday from the committee; but it has a different form, and I am indebted substantially to the Senfrom Ohio for that form. I ask for the yeas and waysh.e yeas&nays were ordered.
Mr. SHERMAN. My friendfrom Maryland [Mr. Jonxsos] asks me a question which I will answer to the Senate itself. He asks what is the meaning and what is the effect of it. I will state that schedule A, of the did 10 mritic and consular law, provides for t ree classes of envoys extraordinary and ministers filenipotentiary: 1st, to France and Great ritain, where the salary is $17, 600; 2nd, to several countries named where the salary is $12,000; and then it provides in the 3rd clause that envoys extraordinary and ministers plenipotentiary to all other countries shall have a salary of $10,000. We have some of each of the 3 classes. The Senfrom Massachusetts wishes to give an additional title to ministers resident without any additional pay. To accom plish that, this amendment adds an. other gra c of envoys extraordinary, so that a person who now holds the office of minister resident may be nominated to the Senate and confirmed as envoy extraordinar, and if he is sent to any country not specifical y named, and at which we have not now an envoy extraor dinary, he is to st but $7, 500. I cannot see what objection there can be to this.
Mr. SUMNER. It is in point of fact a reduction of solar.
Mr. SHERMAN): Certainly. The elfect is to make another class, class number 4,of envoys extraordinary. The objection made yesterda by the Senfrom Iowa was rather persons in its character, that it raised the salary of gentlemen to whom he had objection. Under this section it is a new office, and they must be sent here for confirmation; it is a 4th class of envoys extraordinary, and it fixes their salary at $7, 500, the salary of a minister resident. I do not see any objection that can be made against it now. The objection made to the proposition yesterday and the reason I voted against it was because the inev itable effect of the proposition yesterday I thought would be to lead to an increase of salary to the officers a pointed under it, because as the law fixed their salary at $10,000, and as they had performed the duties of an othee the salary of which was lixed at 510,000, they would naturally claim it, and there was no exclusion of that claim in the amendment offered yesterday.
Mr. JOHNSON. Iask the chairman of the committee, or my friendfrom Ohio, whether this amendment would interfere with the sala ries of the ministers who are now abroad.
Mr. GRIMES. ButI understand that under this proposition those persons who are now ministers resident can be sent in tomorrow, if the bill passes today, as ministers plenipoten tiary, and then they will et the increased sal ary under the other se h ule.
Mr. SUMNER. The Senfrom Iowa is mistaken, 1st, as to sending them in. If they are sent in, then the Senfrom Iowa will have an opportunity of opposing their confirmation. Take the 2 gentlemen to whom reference has been made so often in this discussion the ministers resident at Brussels and at Lisbon. Suppose they are nominated tomorrow, each as envoy extraordinary and minister plenipotentiary. It will then be for the Senfrom Iowa to make his opposition. The time has not yet come. Why oppose a general principle, which I insist is beneficenb in its application and for the good of the Republic, because under that 2 gentlemen, or one gentleman, to whom he is opposed may be sent in? Let the gentlemen be sent in, and then let the Senfrom Iowa institute his opposition, but not oppose a principle which in itself is so essentially beneficent.
Mr. SUMNER. The principle is that you reduce the salaries of envoys extraordinary fiiom $10,000 to $7, 500; you create a new c ass.
Mr. TRUMBULL. Allow me to ask aquestion right there. I understood the Senfrom Massachusetts to say, in reply to a question from the Senfrom Maryland, that it did not reduce anybodys salary.
Mr. SUMNER. I was right when I said that.
Mr. TRUMBULL. It does not reduce it, and yet now you say it does reduce it.
Mr. SUMNER. If the Senfrom Illinois would only trouble himself to understand the question he would not speak as he does. As Iunderstood the Senfrom Maryland, he asked me whether this would reduce the salary of any actual minister, to which I replied no and I can show that to the Senate if he will only attend.
Mr. SUMNER. For instance, the 1st class of envoys extraordinary is to GreatBritain and France; the salary is $17, 500 to each country. That is not touched. The 2nd class of envoys extraordinary is to “ Russia, Spain, Austria, Prussia, Brazil, Mexico, and China, each $12,000.” That is not touched. Then comes the 3rd clause, “all other countries, $10,000." Under that 3rd clause the government has already appointed envoys extraor dinary and ministers plenipotent iary to Peru and Chili. These 2 cases are saved out by the language of the proposition, and now the consequence is, that in future appointments of envoys extraordinary and ministers pleni otentinry to countries not already provided or by the legislation of Congress, the salary will be $7, 500 instead of 810,000; so that in point of fact we create a 4th class of envoys extraordinary and ministers lenipotentiary.
Mr. CONNESS. Will the Senator answer me a question?.
Mr. SUMNER. Certainly. I am always ha y to hear the Senfrom California.
Mr. CONNESS. If it be deemed necessary or wise by the executive Dept to raise a minister resident to the rank of minister plenipotentiary, must his name be sent in to the Senate for confirmation under this proposition?
Mr. SUMNER. It must be, and the Senfrom California can have the opportunity of voting against any of these gentlemen.
Mr. GItlMES. I desire to correct the Senfrom Massachusetts in one respect. I did not allude yesterday to the minister resident of this Government at Belgium; I did allude to the one at Lisbon, and I am prepared if necessary to allude to him a little more exten sively today than I did yesterday. But my objectiontothis propositionis that it oceedsupon altogether a ilierent idea than the true American idea on this subject; and that is, that our consequence abroad is to be regulated by the rank which we see lit to confer upon our ministers. The only illustration the Senator has given us as to the necessity of the passage of this provision was given yesterday, when he said that a Senator had an introduction at the White House in preference to a member of the House. But does the member of the House have any the less influence when he reaches the ear of the President, than the member of the Senate who preceded him a few minutes in his introduction?
Mr. CONNESS. That depends on circumstances entirely.
Mr. GRIMES. In this case it will de endentirely on the character of the man who is sent and the character of the country that stands behind him, and not on the rank or the payithat we bestow upon him.
Mr. SHERMAN. fthe American minister resident is invited to dinner and an envoy extraordinary and minister plenipotentiary from some little German State should be invited also, that envoy extraordinary would take recedence. On account of that misfortune, lpam perfectly willing to give the higher title.
Mr. CLARK. Would he not have the same dinner?
Mr. SHERMAN. He might have the same dinner, but he would have to tag at the end of the line.
Mr. GRIMES. It seems that the upshot of all this is that We are to make a new schedule and a new grade, in order to enable a certain set of men to sit higher at table when they are invited to dinner than they otherwise would. That is the sum and substance of the whole thing. It proceeds upon anything else than the idea that should stimulate citizens in a republican Government.
Mr. SUMNER. I do not like to discuss things forever that have been discussed so Often; l have said so much on this matter that I feel ashamed to add another word; and yet, as the Senfrom Iowa returns to the assault, perhaps I may return to the defense. I tried to show last evening that in introducing this propositionI was simply acting on the practice of this Government in other respects, and upon the practice of mankind Universally, everywhere; and my friendfrom Ohio [Mr. wADE]. reminds me that the argument of the Senfrom Iowa, a few days ago, was one of the strongest illustrations of what I said. He induced the Senate to agree to appoint a new Asst SecyNavy merely to allow the actual Asst Secretary to go abroad because his presence could give a little more eclat to a certain service. Iliat is his argument, and under his argument, yielding to its pressurq we appointed a new functionary in the Dept of the Navy. l Now, if I can have the attention of the SenfromIowa for one moment, I wish to put 1to him a practical question. If he had important business, say with the mayor of New gork, which he wished to present in the best way possible, I have no doulit my friend would count naturally upon his own character, and justly; he would ielieve that any agent of his presenting himself to the mayor of NewYork would be well received; he doubtless would be well received; but if, for instance, there were 2 persons whose services he might employ, one with the rank of general and the other with the rank of colonel, each equal, perhaps, in abilities and in fitness, I have no doubt that my friend, who will not listen to me. however, w le I am addressing him
The PRESIDENT protem ore. Senators, according to the rules, must address the Chair.
Mr. SUMNER. I have no doubt my friend would select for his service the general rather than the colonel. He knows enough of human nature to know that the general, on his arrival, would have a prompter reception than. the colonel. It is useless to say in reply that behind the agent is the same personage. I assume all that, but I wish to secure to that same personage the best reception possible, and the highest facilities for his representative when he arrives at his destination. I wish now to secure the same thing for my country, and I believe I do not like to bring my ownpersonal testimon into a matter like this but I believe, accoing to such opportunities of observation as I have had, now running over a considerable period of my life, that the interests of the country would be promoted by this change. I believe that business would be facilitated and opportunities of influence afforded. I make no allusion to such topics as have been playfully introduced into this discussion; it is a matter of comparative indifference what place a man may have at a dinner table; but do wish to secure facilities in business and respect for the representatives of my country to the largest degree possible. resulte yeas 18, nays 16; l5. So the amendment was agreed to.
Mr. BUCKALEW. move an amendment on age 2, line 29 of section one, to strie out the wor “ 80 ” and insert “50.”
Mr. JOHNSON. Does that reduce the amount of the secret service fund? Let it be read.
The Secretary read the amendment, which was to strike out “ 80 ” and insert “50;” so that the clause will read: For contingent expenses of foreign intercourse.
Mr. BUCKALEW. This covers the secret service fund.
Mr. SUMNER. I wish the Senator would be good enough to give some reason for the change. Iflie has any facts to presentI should like to hear them.
Mr. BUCKALEW. Mr. President, this is a time of peace, and an extraordinary appropriation which was properduring the war I suppose is no longer necessary. That is my only reason for moving the amendment.
Mr. TRUMBULL. In looking at the appropriation for the fiscal year 18661, which was the last year before the war, I notice that the appropriation for contingent excases of for eign intercourse was $40,000. a this bill it is $80,000. The Senfrom Pennsylvania, as I understand him, moves to strike out $80,000 and insert $50,000, making the appropriation the question being taken by yeas&nays, $10,000 more than it was before the war. My attention has been called to this appopriation and also to the appropriation immediately before it, “for contingent expenses of all the missions abroad, $00,000.” The appropriation "for contingent expenses of all the missions abroad” for the fiscal year 18661 was $20,000. It is 3 times as much now. I do not know that the increase is not right;bnt it seems to me the explanation shou (I come from those who treble the exienses for incidental expenses as they existe before the war. It isdonbled with ref.rence to the appropriation which the Senfrom Peansylvaniahas moved to reduce, and it is trebled in reference to the other one. Unless there is some explanation showing why it is necessary to have 3 times as large a contingent foreign mission fund now as there was in 1861, and twice as large a fund for contingent excrises of foreign intercourse, I shall be incline to vote for the amendment of the Senfrom Pennsylvania.
Mr. SUMNER. The Senfrom Illinois has very frankly told us that he has no facts on the question; that he knows nothing, in short, about it, and that he really knows no reason for the reduction proposed. How does the case stand? Here is a bill which has come, in the 1st place, from the HoRep, where it was considered after having been reported by the proper committee there. When reported there it was founded upon estimates which I presume that committee had carefully considered. I know something of its habits of business, and I presume those estimates were carefully gone over. The bill then came to the Senate, and was referred to the ComFinance. To what extent they considered these items, which had already been considered by the committee of the other House, I have no means of knowing. I have not the honor of being a member of that committee. I presume, however, they were, to a certain extent, considered, or at least there is a habit on the part of our committee to recognize, to a certain extent, the labors of the kindred committee in the other House and now the question is whether we here, having no knowledge on the subject, shall presume to Open this appropriation which has alread passed the House on the recommendation of the committee of that body having it properly in charge. I am free to say I have no special information on the subject; my attention has not been called to it. I did not imagine that there would be any proposal to change one of these estimates. I have made no inquiry at the Dept of State on the subject, nor have I received any communication.
Mr. JOHNSON. Is this larger than the sum appropriated during the last 3 or 4 ears y Mr. FESSENDEN. The same as it was last year.
Mr. FESSENDEN. One argument of the Senfrom Massachusetts I was particularly struck with; that is that this matter had been considered by the committee of the other House. Well, the committee of the House considered very carefully the 2nd section on a request made by the Dept. The Dept had given its reasons for that section, stated the necessity for it, and the committee of the House had considered it very carefully and put in the 2nd section; but the Senate has struck it out on the idea that by and by we can change the Dept of the AttyGen. I take it for granted that the honorable chairman of the ComJudiciary will feel bound now to bring in a bill in which that matter will be all ar ranged, because that was what be predicated his motion upon. We are therefore in the habit sometimes of not being governed by the House when it advises a thing, even if it is indorsed by a committee of this body. New, sir, with reference to these 2 items, it is a fact unquestionably, as stated by my honorable friendfrom Illinois, that before the I supposed it was about war the appropriation for one of these contingencies was $20,000, and for the other, $40,000. Vhen the war came on it was represented, undoubtedly with truth, (I had something to do with raising these items) that necessaril in time of war the communications abroa would be very great and very frequent, and that there would be a great many occasions when money must be spent; and I took the responsibility of advising that these estimates be raised for that reason. Now, I have taken a little pains to inquire what this means. The 1st provision is for the ordinary expenses of Our missions postages and little items of expense. Mr. SUMNER. Sending the dispatch bag.
Mr. FESSENDEN. That is a considerable expense, but much less than it used to be, because the Dept used to send special agents with those bags, but now they O by mail. That item of expense, as Mr. Hunter informed me this morning, is reduced instead of being enlarged. I took pains to inquire why this large appropriation should be rept up and I could not get any advice on that subject at the Dept. of State. The score tary is not there. Mr. Hunter, who commu nicated very freely, said the money had been 8 ent very carefully and cautiously under both ese items of appropriation. The 1st item of $00,000 is confined to the ordinary expenses of our missions abroad; I suppose arrangements about books sent out, and things of that ort I do not know what exactly. I cannot for the life of me understand why, if our missions abroad have not been increased largely, new that we have got back to a time of peace what used to cost $20,000 should now cost $60,000. I feel bound to say that I cannot understand why it should be. With regard to the $80,000 item, the principal portion of it is for secret service. during the war they were obliged to have a great many agents in reference to blockade running. That is all at an end. They were oblied to employ a good many s ies; they were O liged to send messengers to ifferent directions; and that made the expense large. I take it also that, as seems to be customary now the way the affairs of the world are conducted, something was spent to pay men for writing articles on our side in foreign newspapers. Then s e cial agents were sent out; Bishop Hugges went once, Thurlow Weed went once, and divers other gentlemen.
Mr. JOHNSON. Counsel were sent out Mr. Evarts, for example.
Mr. FESSENDEN. Yes, counsel were sent out to attend to some matters. That was during the war when questions arose which rendered these expenses necessary. I confess that I cannot understand, now that we have got back to a time of peace, why those expenses should be continued which were then represented to be necessary on account of the war, and which undoubtedly were. True, something may be required with reference to our troubles on the border, though those are principally revenue matters; with regard to our fis ery difficulties there may be some special agents required, and also with regard to Mex ican affairs. But when the main matter which increased the expenses so largely has been disposed of, 1 cannot see for myself why it is necessary to continue such large appropriations for these items. At the same time Fconfess that I have been unable to get any specific information on the subject why it should be so, because the Secretary himself is absent from the city. As to the estimates acted upon by the HoRep, I supp so they were submitted to the Cummittee on Appropriations there just as they were to our committee here. I was not present when the committee acted on this bil; but I take it for ranted they looked at these items and then att e estimates. They saw that the estimates came in, $60,000 and $80,000. They did not know why, and they passed the $60,000 and the $80,000. This is all the information we had.
Mr. GRIMES. I suppose it was made up from the bill of last year.
Mr. FESSENDEN. Yes, the amount appropriated last year was taken instead of going hack to the year before the war.
Mr. COWAN. I suppose there is no mode by which anybod can ascertain the disposition made of this fun. I suppose it is not intended that there should be.
Mr. FESSENDEN. I an pose there is no committee, except perhaps the committee of the other House on the expenditure of the State Dept, that could look into it. I was told y Mr. Hunter and I have no doubt it is true that the money we have appropriated heretofore for these purposes has been expended economically and carefully under the direction of the President. I have no doubt that whatever we appropriate now will be so expended.
Mr. TRUMBULL. I suppose we could as certain how it is expended except the secret service money; the other contingencies are reported.
Mr. COWAN. The secret service money 18 what I referred to.
Mr. TRUMBULL. That is never inquired into. That is only a art of this appropriation.
Mr. FESSENDEN). It would undoubtedly be laid open to a committee of Congress, if a committee should inquire into it, but I do not think there is any necessity for that. The money is undoubtedly properly spent. whatever complaints may be made in regard to the SecyState in other particulars, or in any particular by anybody, no one, certainly pretends that he is a dishonest man in regard to money.
Mr. JOHNSON. Does the honorable member understand that the whole of these appropriations have to be expended 7
Mr. FESSENDEN. I have no information on the subject. There has been no call for a deficiency at any rate. The fact stands before us, that in the year 18601, before the war, “20,000and $40,000 were the appropriations that were deemed necessary for these expenses. We have got through with the extraordinary expenses of the war, and now, in time of peace, the estimates that come in for this service are just the war estimates. It is for the Senate to jud O whether they will continue them or not.
The PRESIDENT protem arc. The question is on the amendment of teSenfrom Pennsylvania. The amendment was agreed to.
Mr. TRUMBULL. I think upon the same principle we had better reduce the $60,000 item, which is just 3 times what it was in 1860 61; it was$20,000. I will more now to reduce it one half, to $30,000. I move to strike out “ 60" and insert “ 30 ” in line 27 of section one.
Mr. JOHNSON. Perhaps that does not stand on the same footing with the other. The other was the secret service fund, was it not?
Mr. TRUMBULL. This is “for the contingent expenses of all the missions abroad, $60,000.” In 18061 the appropriation was “for contingent expenses of all the missions abroad, $20,000.”
Mr. JOHNSON. I was about to say that I suppose none of the missions abroad have been diminished. There are just as many now as there were before, and that appropriation was necessary to meet them abroad).
Mr. CONNESS. They were all there during the war.
Mr. JOHNSON. They have not been diminished that I know of; and that estimate was an estimate to meet the contingent expenses of the missions which were abroad; and it would not be advisable, perhaps, to reduce it now.
Mr. TRUMBULL. 20,000 dollars answered before the war. lhe expenses were put up in consequence of the war and in consequence of the difficulty of communicating, as I presume. It seems alarge portion of this money as gone for arrangements in regard to the transmission of dispatches. Now, no reason is given for increasing this item to $60,000. The chair man of the committee gives no reason for increasing it from $20,000 to $00,000. I think it would be safe to put it at $30,000. I admit it is doing it very much at random, and I would not vote to reduce it at all if anybody could give a reason why it should be $60,000; but it seems to me if $20,000 answered before the war, $30,000 will do now.
Mr. JOHNSON. The chairman of the committee of course knows nothing but what he collects from the estimates. 1 suppose that when the State Dept estimatctlI $60,000 as necessary to meet expenses of this description. it was only because they knew that it would be required, and I think it would be perhaps hazardous to strike it down 1/2 now without any information that the estimate made by the Secretary is an extravagant one.
Mr. SUMNER. It seems to me it is a leap in the dark. I do not think we should take in
Mr. TRUMBULL. It is incumbent on the Senfrom Massachusetts to show why it is increased, not for us to show why it should be diminished. Let him show the necessity for the increase; it is an affirmative proposition; and that is not shown; but then I only wish to say in regard to it, that if we reduce this item to $30,000 it will bring attention to it; the bill has to go back to the HoRep, and if any information comes in showing it to be necessary
Mr. FESSENDEN. I can now give my friend a little information on the subject. My clerkJias taken the pains to go back to 1851 to find out the appropriations annually. In 1851 the appropriation for the contingent expenses of all the missions abroad was $40,000. So it went along. In 1854 there were 2 appropriations, both amounting to $82,000; in 1856, $00,000; in 1857, $75,000; in 1858, $15,000; in 1850, $50,000; in 1860, $50,000; and in 1801, $20,000; and then it went up to $40,000, $50,000, and $60,000. If we put it now at $00,000, it is not so high as it was in 1857 and 1858; but I presume there was included, probably, in some of these appropriations the loss by exchange. For contingent expenses of foreign intercourse the appropriation was $60,000, from the year 1860down to 1860 inclusive. In 1861 it was reduced to $40,000, and in 1862 it was $40,000. In 1863 it was put up to $100,000; that was on my motion; and since then it has been $80,000. This shows that the year 1860 61was an exceptional year, for what reason I do not know. I think, therefore, that it would not be safe under the circumstances to go below $40,000 in this particular clause, and perhaps we ought not to go below $60,000 in the clause which my friendfrom Pennsylvania moved to reduce to $60,000. Several Snxarons, (to
Mr. TRUMBULL. I will modify my amendment, and move to strike out “sixty” and insert “ 40; ” so as to make this appropriation $40,000.
Mr. SUMNER. Again I say the Senator leaps in the dark. He does not know why he reduces it to $40,000. The Senfrom Maine has already given us estimates for preceding years showing that sometimes it has gone even above the estimates for this year. The estimate before us is one that has been supplied to the committee in the other House from the Depart lnent. They had a reason (Fr it. We do not know what the reason is. am not informed of it. My attention has not been directed to this subject. Had it been, I should have looked into it. The amendment was agreed to.
Mr. FESSENDEN. I would suggest to the Senfrom Pennsylvania whether he had not better raise the other item, which he moved to strike down, to $00,000 instead of $50,000.
Mr. BUCKALEW. I move, then, to reconsider the vote adopting my amendment. The motion to recoilider was rejected; there being, on a division ayes 9, noes 18.
The PRESIDENT protempore. The question is, Will the Senate concur in the amendments made as in ComWhole 2
Mr. FESSENDEN. I ask for a separate vote on the amendment striking out section two.
The PRESIDENT protempore. The Chair will take the question on the amendments made as in ComWhole collectively, exee t that which the Senfrom Maine has aske to have excepted. The amendments were concurred in. The excepted amendment was to strike out the 2nd section, as follows: Abife: That the president be and he is hereb. authorized to appoint. by and with the adyico an consent of the Senate.an officerin the Dept of State to he called "Solicitor to the Dept of State." at an annual sulai of 3,000. to commence on the 1stofJuly. 1866a.nd toamount necessaryto pay the sameis hereby appropriated.
Mr. SUMNER. called for the yeas&nays, and they were ordered; and being taken, resulted yeas 21. nays 13; ABSENT 15. So the amendment was concurred in. The amendments were ordered to be engrossed and the bill to be read a 3rd time. he bill was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, Chief Clerk, announced that the HoRep had passed without amendment tie JtResolution (S.R.No. 61) to extend the time for the construction of the Western Pacific railroad, and the bill (S.No.186) amendatory of an act to provide for the reports of the decisions of the SCOTUS The message further announced that the HoRep had passed the following bill and JtResolutions, in which it roilested the concurrence of the Senate: bill H.R.No. 597) to authorize the use in post O ces of weights of the denomination of grammes; A JtResolution (H. It. No. 140) to enable the SecyTreasury to furnish to each State one set of the stander weights and measures of the metric ystem; and A JtResolution (H.R.No. 141) to authorizetePresident to appoint a special commissioner to facilitate the adoption of a uniform coinage between the U.S and foreign countries. The message also announced that the HoRep had disagreed to the amendment of the Senate to the bill (H.R.No. 663) to reglulate the time and fix the place for bolding tecircuit court of the U.S. in the district of Virginia, and for other purposes, asked a conference on the dise. reeing votes of the 2 Houses thereon, and h appointed Mr. wILLIAM Lawnsnes of Ohio, Mr. FRANCIS Tuonas of Maryland, and Mr. Jenn L. Daw soy of Pennsylvania, managers at the same on its part. MILITARY ACADEMY BILL.
Mr. FESSENDEN. I move that the senate proceed to the consideration of the WestPoint Academy appropriation bill. The motion was agreed to; and the bill (H.R.No. 37) making appropriations for the su rt of the Military Academy for the year endsing the 30th of June, 1867, was considered as in ComWhole. The bill had been reported from the ComFinance with amendments, the 1st of which was in line 17 to increase the 1 appropriation “ for increase and expense of the li rary” from $1,000 to $2,000. The amendment was agreed to. The next amendment was in line 24 to increase the appropriation “for repairs of officers quarters” from $1,500 to $10.000. The amendment was agreed to. The next amendment was to insert these items after line 30: For reflooring academic buildings and barracks. For the purchase of fuel for warming mess hall. shoomakers and tailors shops. 521. For materials for quarters for subaltern officers. The amendment was agreed to. The next amendment was to strike out the following provnsos at the end of the bill: Provided. That no part of the sums appropriated by the provisions of this act shall be expended in violation of the provisions of an act entitled “An act to prescribe an oath of officc and for other purposes, "approved July 2, 1862, and providedfurther. [hat no part of the moneys appropriated by this or any other act shall be applied to the pay or subplateau: of any cadetfrom any State declared to be 111rebellion ngalust the Government of the U.S. aEpmnted after the Ist day of January. 1866, until sue State shall hayo been returned to its original relations to the llnion under and by virtue of an actorJtResolution of Congressfor that case made and provrded.
Mr. WILSON. I hope we shall have an explanation of that amendment.
Mr. FESSENDEN. The 1st proviso is entirely unnecessary: That no part of the sumsappropriated by the provisions of this act shall be expendedin violation of the provisionsotan act entitled “ An act to prescribe Jaunlyoath of office and for other purposes, "approved 2. 1862. That is the law now and we propose to strike the proviso out. because it is a mere repetition of the existing law. The next proviso, “that no part of the moneys appropri ated by this or any other act shall be applied to the pay or subsistence of any cadet from any State declared to be in rebellion a inst the Government of the U.S., &, c., if it should stand, would prevent the president from appointing any cadet from those States even though nominated by loyal Representatives. It can apply to only a very few individuals, and it was thought to be invidious and unwise to insert such a provision. Most of the vacancies from the rebel States have been filled up by the nominations of cadets from the free States. I suppose there are some from Iowa appointed for irginia and some from Massachusetts a pointed for Mississippi. There are but a few 01 them left; how many I do not know, but the number is very small. It looked to the committee to be rather small business to say, while there are more or less loyal people down there, that the President should, not have the power, on the nomination of a Representative who may be loyal, to fill up these places. It is throwing ver small stones at the object we propose to hit. We thought it best to reach that object directly.
Mr. WILSON. I have certainly no objection to striking out the last proviso, but the proposition to strike out the 1st struck me as rather strange.
Mr. FESSENDEN. We have struck it out in all the bills, and the Senate have agreed to it, because it is only repeating what the law now is.
Mr. WILSON. With the Senators expla nation I am entirely satisfied. The amendment was agreed to.
Mr. HOWE. In reference to the amendment just made touching the appointment of cadets from the southern districts the proviso was struck out, I understand. I wish to inquire if there is any authority under the law for appointing cadets from those districts until there are Representatives here to nominate them.
Mr. FESSENDEN. I do not know that there is. If not, they will not be appointed at all. If there is nobody to nominate they cannot be appointed.
Mr. TRUMBULL. Will not the practice of appointing be continued unless we stop it? Why not make it certain that it cannot be done?
Mr. FESSENDEN. When some have been appointed from the free States during the war it would be very invidious to refuse a few appointments on the nomination of loyal Representatives.
Mr. RAMSEY. I should like to inquire of the chairman of the committee having this bill in charge whether there is any provision prohibiting the appointment of a cadet atest Point who has served in the rebel army. There is a case of that kind in the Naval Academy where ayouug man was appointed who had served in that army. I think that at this time probably it would be well to put in a provision against such an appointment.
Mr. FESSENDEN. I do not think it is to be presumed that that will be done. If it was done in one case by misunderstanding proba bly it will not be done again. I do not think it worth while to take it for granted such a thing will occur. I do not think there is any danger of it.
Mr. FESSENDEN. I think we have some law on the subject preventing payment to any such persons. It is a matter that I care nothing about. The ComFinance came to the conclusion that it was not worth while to interfere with the matter, but that it was better to let it stand as it now is. the amendments made as in ComWhole were concurred in. The amendments were orderengross and the bill to be read a 3rd time.
Mr. WILSON. Is it too late to move an amendment?
The PRESIDENT protempore. The bill is not amendable after it has been ordered to its 3rd reading.
Mr. WILSON. I move a reconsideration of the last vote for the purpose of allowing me to offer an amendment.
Mr. SHERMAN. What is it proposed to olfer?
Mr. WILSON. I wish to add a provision that nothing in this act shall be construed to authorize or permit the appointment as a cadet of any person who has served in any capacity in the military or naval service of the socalled confederate States during the late rebellion; but any such appointment shall be held to be illegal and void.
Mr. FESSENDEN. There is no objection to that.
The PRESIDENT protempore. The Senfrom Massachusetts moves to reconsider the vote by which the amendments were or dered to be engrossed and the bill to be read a 3rd time. The motion was agreed to.
Mr. WILSON. I now move to amend the bill by adding as a new section the following: Abife:.That nothingjn this act shall be construed to authorize or permit the apipnoianntmy oenntaacsitay cinadtehteof any person who has served military or naval sorvlcpof these called confederate States in the late rebellion butdanysuch appomtment shall be held illegal and yet.
Mr. TRUMBULL. The Senfrom Massachusetts will not accomplish his purpose by that. His amendment is that nothing in this act shall be construed to authorize this. There is nothing in this act about it. He wants to at in a provision that nobody who has serve in the rebel service shall be appointed a cadet, but this amendment would simply limit appointments under this act.
Mr. WILSON. I will put it in this shape: Abife:, That no person who has servedin any cu aclty1nthemilitary or naval servrcw of the so calle coniederuto Statesduring the late rebellion shall hereafter receive an appointment in a cadet at the Military Academy.
Mr. JOHNSON. I am inclined to think that there Were a good many young men of some 15 or 16 years of age who were employed as clerks in the military or naval service of the rebels who, perhaps, ought not to be excluded. they were most of them in a state of starvation; t cy were obliged to take some employment in order to live; and [think it would be better to leave the matter to the government. The cadets are appointed by the members of Congress, I believe, except some 15 or 20 who are appointed by the President at large. I think it would be better to leave it to the Government.
Mr. WILSON. We educated at WestPoint some young men that turned traitors. Now, I am against educating at WestPoint any men who have been traitors. I think any person who has served in the rebel army or navy should never enter WestPoint, or the Naval Academy, never be educated by this Government.
Mr. SHERMAN. I would ask my friendfrom Massachusetts wh he does not extend his amendment to the oval Academy. I produced testimony hero of the most conclusive character thatayoung man in the Naval Academ had served willingly in the rebel service, an yet he is now being educated at the Naval school. I thinkthe provision ought to extend both to the Arm and the Navy. The JtResolution which introduced and sent to the ComNavAffrs relativeto the case to whichI allude I have not heard of since.
Mr. GRIMES. I will state to the Senfrom Ohio that that testimony which he introduced before the committee, and which he thought was so conclusive, turned out, upon a more thorough investigation, to be somewhat more doubtful than he imagined, and the young man alluded to was appointed upon the recommendation of the very men who wrote the letters to the Senfrom Ohio on the subject.
Mr. SHERMAN. The testimony was very conclusive that the young man had been in the rebel service.
Mr. GRIMES. The case has not been acted on yet; and it is due to the young man that I should say, as he is still in the Academy, that he was never in the rebel service proper. He joined in the State of Kentucky a ome guard, was never sworn into service, and veryshortly after he found out the way in which the guard was to be used be abandoned it entirely and never took service under the rebel flag.
Mr. SHERMAN. He was in Buckners ard, and the testimon was that he and all is family were against e Government all the time during the war.
Mr. GRIMES. When all the testimony shall be presented I think the Senator will be satisfie that the exparte testimony upon which he pronounces judgeat here against that young man [Rafi 7088“) y be erroneous.
Mr. CLARK. We need not try that case; but it seems to me very properthat the amendment should apply to tie naval as well as to the military Dept of the Government.
Mr. GRIMES. I am perfectly willing that it should be applied to the Naval Academ.
Mr. JOHNSON. This is the WestPoint bill.
Mr. CLARK. The naval bill has gone through. There is no other bill to come on which we can put it. I will move thatamendment, “ Military or Naval Academy.”
The PRESIDENT protempore. The amendment, as modified, Will be read.
The Secretary read it, as follows: and as Abife:. That no person who has served in any capacity in the military or naval servico of the socalled confedorate States during the late rebellion shall hereafler receivean appointment as a cadet at the Military or Naval Academy.
Mr. CONNESS. That would leave such a PBISOP in, if new there. It says, “shall hereafter.
Mr. JOHNSON. Do you want to turn them Out?
Mr. CONNESS. Yes, turn out anybody of that kind, certainly. I should like to know I do not 4 whether the Senfrom Maryland would not turn such a person out.
Mr. JOHN SON. No, I would not. I can imagine a great many boys that I would not turn out, boys in the situation in which I an pose a good many of them to have been. f they had gone in when they were 17 or 18 years of age, with knowledge on their part, it. would be a ditierent thing; but I can very readily believe there were boys of 12, 13, or 14 years of age who went into that service without having an idea at all that they were offending against the Government, and who may be just as true and loyal now as our own sons.
Mr. CONNESS. I can very readily believe that there were 1,000s and tens of 1,000s who went into the rebellion that did not. know what they were about. I think the leaders did not know what they were about. If they did they never would have gone in.
Mr. JOHNSON. They did know what they were about.
Mr. conNESS. We differ about that. But while it may be true, as stated by the Senfrom Maryland, that there are many boys who artincipatd in the rebellion who ought not to e be to a very strict responsibilit for it, or punished for iIt, think this country as agreat many boys in it who are more worthy than they, and who ought to be romoted in preference. If the fact be as stated that there is aboy in the Naval Academy or at WestPoint of the class referred to, he should not remain there, in my judgment. We have had enough experience of furnishing talent, organized and educated talent, to the enemies of the country at the expense of the national Treasury. There ought to be an end to it. I hope that those who offered the amendment will change it in that respect.
Mr. FESSENDEN. I suggest to my friend thatI do not think you can carryit on this bill so far as to legislate for an individual case; and there is only one, and about that there is great doubt whether it would apply to him or not.
Mr. CONNESS. If the form were changed it would up 1 to the case.
Mr. FESSENDEN. But it is not pretended that there is more than one case about which there is any question, and that is very doubt ful. I hope this bill may not be incumbered on further.
Mr. CONNESS. I have no strenuousness about it.
Mr. DOOLITTLE. I observe from the reading of the amendment that there is no distinction taken between those who voluntarily went in and those who were forced into the rebel ervicc. There ought certainl to be a distinction. Some boys may have been conscripted in against their will, orced in at the point of the nyonet, and who on ht not to be held responsible to any such ru e as this.
Mr. GRIMES. They were not conscripted at the age alluded to.
Mr. DOOLITTLE. Suppose they were forced into the service, are they to be excluded for that reason? It is one thing as to those that went involuntarily; it is another as to those that were forced in. I think there certainly ought to be a distinction. The amendment ought to say that those who voluntaril engaged in the service should be excluded. move to amend it by inserting that word “ vol untarilfv.”
Mr. FESSENDEN. I hope not. It you put in “voluntarily, ” they will prove, every one of them, that they went in involuntarily. To exclude all is the only way to keep them out.
Mr. DOOLITTLE. I ask the Senfrom Maine if he desires to keep out those who were forced to go in.
Mr. FESSENDEN. I would rathernotrun the risk of getting rebels in by putting in the word “voluntaril.”
Mr. DOOLITTLE. I think that there is a greatdifference in engaging in aservice, whether one goes involuntarily, of his own free will, or whether he is forced in at the point of the bay onet. In the one case I should feel very different toward the individual than I would in the other.
Mr. GRIMES. Itcannot apply to this case, because nobody was conscripted in the rebellines under the age of 18, and no conscription has been made within the rebel confederacy within 2 years. No one can go to the Naval Academy after he is 18 years of age.
Mr. JOHNSON. I thought they conscripted those of 14 toward the close.
Mr. GRIMES. I think not. They went involuntarily, if they went in at the age of 14, 1 think.
Mr. JOHNSON. Of course, many went involuntarily at 14; but my recollection is that the conscription was as low as 14 toward the close.
Mr. SHERMAN. There is no great hard ship in excluding any of these persons; there artiiplenty left from whom to make a choice.
Mr. DOOLITTLE. I will take the sense of the Senate on the question I suggested, by moving to insert the word “voluntarily” before “served;” and I ask for the yeas&nays on that amendment. The eas&nays were ordered.
Mr. DMUNDS. As I am to go on the record and am very sensitive on this question, I wish to state the reason why I shall vote “nay.” It. may be, possibly, that those who have been involuntarily in the rebel service are not as bad as those who went in on their own motion; but the country is full of boys, the sons of heroes who have fought on the right side of this rebellion, who are deserving of these places if anybody in the world is; and without going into the question of the precise degree of consideiation that ought to be accorded to involuntary rebels, if I may use such a term, there are enough who are not open to suspicion to fill all these places. That is my reason for voting against the amendment.
Mr. HOWARD. I beg to inquire in what way the question is to be settled whether a person was in the rebel service voluntarily or involuntarily and who is to settle it.
Mr. CLARK, and others. Let us settle it here by a vote.
Mr. HOWARD. I think we had better settle it here, and leave no question of that kind to be adjudicated by anybody else.
Mr. DOOLITTL. It is notverylongsince I was reading over the report of the reconstruction committee, and one of the articles of amendment to the Constitution which the provided was that those men who voluntariy adhered to the rebellion should not vote until a certain time. How is that to be settled?
Mr. CLAHK. We have had in this matter a bitter experience. We had a great many young men educated at the Military Academy and at the Naval schoolwho, in the countrys emergency, turned enemies to the country. I do not want that that experience ever should be repeated, or that there should be a possibility of its being repeated if there should be again another war. “ Then, ” suggests the Senfrom California, [Mr. Cornea} “we had better be careful.” That is what desire to do; and I desire to say to those gentlemen who may have the appointments from those districts which are located in the rebel or confederate country, “You shall not appoint on body who has ever been in that service, ” and I would not leave to any such member to say whether the Service had been voluntary or involuntary, but I would make the fact that he had been in that service conclusive against him. It is a very different thing to give a vote to a man who has been voluntarily or involuntarily in the service of the confederacy from what it is to put a boy who has been in that servic in the Army or Navy, where he may do you mise hief. I do not want, as I said in the beginning, that our experience should be reeated. I think for the present we had better eep our Academies, Naval and Military, pure from any such influence, and ifb and by, as years roll around, we find the loya ty of the country returning, so that circumstances will warrant it, then it will be time enough to extend the law; but now we should make the exclusion final.
Mr. CLARK. Does the Senator allege that as any excuse for these men who were false to the Government?
Mr. JOHNSON. The honorable member is generally so fair that I am sure he will do me justice. I did not say it was a blunder alone; I said it was a crime the offense of treason. That may be called a blunder in one sense, but not a blunder as contradistinguished from the blunder of a crime a pretty fatal blunder.
Mr. TRUMBULL. I offer the following as an amendment to the amendment, to come in at the end of it: Nor shall any vacancy in the Militarg Academy fr om any congressionaldistrict.bo fille while said district remains unrepresentedin the Congressof the U.S.
Mr. SHERMAN. I ask the Senator if that Will not affectthe appointments of soldiers that have been made from our Army to fill up these vacancies. During the war vacancies from the southern States were filled up by soldiers selected from the ranks.
Mr. TRUMBULL. It is intended, and that is the design of the amendment, to take away from the President the authority to fill up these vacancies. It has been aquestion of construction, whether there was authorityto fill vacancies where there was no representntive to make the recommendation. I think the general understanding of the law is that the President has no authority to fill up these vacancies; but still it has been exercised to some extent, and I believe we should make it certain.
Mr. TRUMBULL. No, sir; it is merely for the future. If there is any question about that, I will put in the word “hereafter.”
Mr. WILSON. The word “hereafter” is in the preceding amendment.
Mr. TRUMBULL. Very well; then it is not necessary here. I do not intend it to go back. If the Senate concur in it, the object of the amendment is simply this: that the vacancies from the unrepresented districts in the rebellious States shall not be filled by appointment by the President. Mr. FESSENDEN. That is simply reen acting the proviso we struck out substantially. We struck it out on a vote of the Senate. I stated the reason that actuated the committee in advising the Senate to strike out that proviso. The greater portion of these appointments have already been made, and the vacancies filled up by President Lincoln, and taken from the several free States. Some from the State of Illinois were appointed for Missis sippi, or some State down there. There are a few left, which it is for the advantage of the community, if we want to keep our Academy full, should be filled up. I will state one single thing that operated in the minds of the committee. We thotight after. allowing if there was any such aut iority President Lincoln to fill up the big est part of them from the free States, it was raflier small game to under take to say that Mr. Johnson, being President, should not fill up the residue of them, if he had the power, from these States themselves. This is saying the same thing over again shall not vote for the amendment to the amendment for the reason that that is my opinion about it.
Mr. TRUMBULL. The Senfrom Maine misunderstands the spirit of the amendment that I have offered. He attributes it that would be the inference to a desire to take from Mr. Johnson, because he is President, the power to fill up these vacancies, having allowed the power to be exercised by the President heretofore. Now, I say in all sincerity that I did not have Mr. Johnson in my mind in reference to it, as to his being President, or anybody else. My understanding of the law has been that these appointments should only be made on the recommendation of the Representative from the district. However, the law is not very clear on that subject. I think it ought to be specific, and that is the object of my amendment. I would have offered it just as quickly if Mr. Lincoln were Presidentas I do now that Mr. Johnson is President. It is not intended as a reflection upon the present President, and I did not have such a thin in view.
Mr. FESSENDEN. Tiiat is precisely the effect of it. 7
Mr. TRUMBULL. I think Mr. Lincoln did wrong in filli up these vacancies, because in my judmentt at Was not the intention of the law. lgwill not say that he violated the law, for the law is not very clear upon the subject. I once looked into it and had some doubts as to whethhr the President was bound to appoint on the recommendation of n Representative in Congress. That has been the practice, and I think it should be made certain. I do not regard it as such a small matter. If we under take to fill up the Military Academy on the recommendation of the Representatives from the congressional districts we should abide by it.
Mr. FESSENDEN. There either is authority in the President, or there is not. If there is not, he cannot appoint.
Mr. FESSENDEN. Very well. Now I say those appointments were made without complaint on our part, without raising the question of authority at all.
Mr. FESSENDEN. No, sir, the question was not raised; no complaint whatever was made about it.
Mr. TRUMBULL. It has been discussed in the Senate heretofore.
Mr. FESSENDEN. It was not discussed until after the n ointments were made, and after the State of Illinois and the State of Iowa and the State of Maine, for aught I know, had the advantage of sending young men to WestPoint as representin southern districts; and we submitted to it With a good grace, at any rate. Now, there are a few leftand it is proposed to take away the power, i it exists, just at this time. If it does not exist, the President will not exercise it; at least, it is to be presumed that he will not. We have gotafull corps of professors in the Academy, and there are a few places in it vacant: It is importaut to the country that they should be illed up. Now that peace has returned, it would be a mean thing, in inyjudgment, to fill u those, in addition, from the northern States, it there are those who are not rebels that can be found in what were lately the confederate States: and we have already inserted a provision that they shall not be taken from anybody who served in the rebel army. I suppose we have power to put this provision on; but I am opposed to it for the reason that it looks, as Isaid before, as ifwe were just aiming it at the President with reference to the exercise of this power, if he has it; and if he has not got it, it is not to be presumed that he will exercise it; and therefore I am opposed to the amendment.
The PRESIDENT protempera. The question is on the proposed amendment to the amendment.
Mr. TRUMBULL. nays upon it. The veas&nays were ordered.
Mr. POMEROY. This amendmentprevents the doing of a thingr which I think would be very commendable it it could be done. There are in all the districts of the South some very loyal youn men who have been in our Army. This amendment would prevent the President from appointing those young men to the Mil I ask for the yeas and itary Academy. I do not know that they would, “and the Km“ or “ chmwe to get “Wanted; i but Ramsey, Riddle, Saulsbury and Wright 12. it would prevent their bein appointed if they stood a chance. I would li e to see some of the young men in the South, who have suffered the loss of all things, who have been truer to our cause than the needle to the pole, because they would not turn even in the presence of the metals, appointed to our Military Academ; but this amendment prevents that.
Mr. IRUMBULL. If the Senfrom Kansas will allow me, I will ask him whether he is for changing the law, and taking away from the member of the House the right to recommend the appointment from his district. The object of this amendment is to execute the law as it has been understood, I believe, eversincethisAcademywasestablished. These whole 40 appointments, if there are so many vacant, if you will not adopt some such measureas this, may, under topractice that is prevailing, every one of them be made from the DistCol. Is the Senator for leaving the law in that way? When we have established an institution and undertaken to fill it up by students from each congressional district in the U.S., is he now for throwing it open, and telling the President to appoint, if he pleases, from the DistCol 50 persons? He will not, by voting this amendment dOWn give the appointments to these congressiona districts. The President has a certain number, ten, at large, that he can appoint annually. The object of this amendment is to prevent the apointment in vacancies from congressional districts until there is a Representative to recommend some body from the district.
Mr. GRIMES.How does this amendment change the law as it now stands?.
Mr. TRUMBULL. According to my understanding of it, perhaps not at all; but there is a dispute about the aw. It is contended by some that the SecyWar or the Pros ident has the right to appoint every single person to WestPoint irrespective of the recommendations of the Representatives in the congressional districts. This fixes the law. h
Mr. HENDRICKS. I wish to ask the Senfrom Illinois if that is not in fact the law, and if it is not a matter of usage simply that appointments are made upon the nominations of members of the House?
Mr. TRUMBULL. I think it is partly a matter of use e; but there is some color of law for it. think there is a statute that rather recognizes this as the law; if not, a relation.
Mr. HENDRICKS. I have understood that it was a matter of usage simply. I never investigated the law myself.
Mr. GRIMES. Mr. President, 2 years ago GenlSherman , when in command at Vicksburg, directed an inquiry to be made fimong the various regiments that composed is army for the young men who had most distinguished themselves and were best qualified to make soldiers, and he instituted an exam ining board who investigated as to their merits, and among the young men thus selected were 4 very good young men from my own State. They were selected and are now at WestPoint. Now, as I understand it, the proper, legitimate, and logical sequence of the adoption of this proposition is that they will be turned out.
Mr. GRIMES. I know this proposition does not do that; but the logical sequence would be that they ought to be turned out, and that we should adopt an amendment tomorrow to turn them out, because there was no law by which they could have been appointed. I am not going to place them in any such category as that the question being taken by yeas&nays, resulte yeas 14. nays 23; ABSENT. So the amendment to the amendment was rejected.
The PRESIDENT protempore. The question now is on the amendment of the Senfrom Massachusetts. The amendment was agreed to. The amendments were ordered to be engrossed and the bill to be read a 3rd time. t was read the 3rd time and passed. ORDER OF BUSINESS.
Mr. FESSENDEN. I move that the senate proceed to the consideration at the fortification bill. I merely desire to take it up so as to have it as the order of the day for tomorrow.
Mr. VANWINKLE. I desire to suggest to the Senator that tomorrow has been as signed by a resolution of the Senate for the consideration of the business of the ComPensions. after one oclock.
Mr. FESSENDEN. I desire to finish this bill this week, if it be possible, to get it out of the way. It is an appropriation bill.
The PRESIDENT protempera. It is moved that the Senate proceed to the consideration of the bill (H.R.No. 255) making appropriations for the construction. preservation, and repairs of certain fortifications and other works of defense for the year ending June 30, 1867.
Mr. HENDRICKS. I do not think the chairman of the ComFinance ought to call up the bill that he now proposes to take up, with a view of making it the order for tomorrow, or to have it before the Senate so as toexclude the special order, in the absence of my colleague, the chairman of the ComPensions, because, asI understand, the business of that committee has been made the order for tomorrow at one oclock. I think he ought to postpone his motion until my colleague is in the Senate. I believe he is not well today, and is not here now.
Mr. KIRKWOOD. I think that matter can be arranged erba s; but I do not know.
Mr. HEN RIC S. I dare say, if my colleague were here, he would not interpose any objection.
Mr. FESSENDEN. Let us take it up, and if the Senator is here in the morning I will leave it to the Senate to decide upon the 2 bills. I only want this to take precedence of anything else, and it is absolutely necessar now, as the business is laid out, to get through with the appropriation bills.
Mr. FESSENDEN. We shall probably not sit on Saturday, and I should like to have this bill taken up, and then we can arrange the matter tomorrow.
Mr. HENDRICKS. Do you expect a session on Saturda I
Mr. SHERMAN. The bill to fund the public debt ought to be taken up at some time; and I desire now to have some understanding about it. The appropriation bills are matters of course, and wiii pass of course the fortification hill with the rest. There is no question about that. The funding bill is from the same committee. The very weight of the appropriation bills will carry them through. Now, I submit it to the Senate, as I cannot agree with the Senfrom Maine on the subject, whether we ought not to take up the bill with regard to funding the public debt, so as to enable the SecyTreasury to determine upon the loan which he intends to put upon the market. I say to the Senate it is a matter of vital impertarice that that question should be settled one way or the other as speedily as possible. If the Senate shall vote down the proposition, the Secretary will pursue another course. The fortification bill is a matter of no moment. I say that, knowing the condition of public business. There is ample time to consider it. It is a bill that will pass at any time, on its own merits and weight. Now, I submit whether as Mon day is set aside for the report of the reconstruction committee, which will probably take a long time. whether we ought not to take up the funding bill, which Ireard as the most important now pending, an on which there ought to be some action. I shall, therefore, contrary to the general usage in these matters, vote against the motion of the Senfrom Maine, because I think the fundin bill, from the same committee, ought to have the preference at this time.
Mr. FESSENDEN. I do not know of anybody but the Senfrom Ohio who regards this funding bill as of any consequence to be taken up.
Mr. SHERMAN. I am not to be put off by remarks of that kind. The Senator may have his opinion. I have mine. I have just as good a right to my opinions as he has to his. He knows that the fortification appropriation bill is not of any importance, and it is rought up for the purpose of preventing the vote on the fpnding bi I.
The PRESIDENT protempore. Senators must observe order, and not interrupt each other in debate.
Mr. SHERMAN. The Senator has already displayed too much feeling. The other day, when I reported the bill, be said he would prevent it from coming up at all times. are accustomed somewhat to his impatient remarks; but at the same time I have my duty to perform, and I say here now, representing a majority of the ComFinance, that I have the right to have this question heard, at least, unless he should ontvote me. Upon questions of this kind I do not like to have any personal feeling. I desire that the bill should be brought to the consideratfiuonndinog the Senate. It is a matterofvital importanee, and therefore I intend, representing the majority of the committee, to antagonize that bill against the bill now proposed to be taken up. This fortification bill is a matter of no moment whatever. The Senator knows as well as I do that it will pass. It cannot operate until the lst of July next, and can have no effect and r no inlluence whatever until then, while this funding bill, if it is to pass at all, ouvht to be, passed romptly. That is the condition of the pubiic business, and I therefore shall vote against the motion. If rere is a special order tomorrow that overrides both, we have got to submit.
Mr. TRUMBULL. It is manifest that we are accomplishing no business to night, and I move that the Senate adjourn.
Mr. FESSENDEN. I should like to have the Senator withdraw that motion for a moment until I make an explanation. I must reply to the Senfrom Ohio, and then he. may renew it if he leases.
Mr. TRUMBULL. Iwill withdraw it at a personal request, if the Senator wishes to say an thin; but I think we had better adjourn. lhe PRESIDENT protempore. The motion to adjourn is withdrawn.
Mr. FESSENDEN. Mr. President, Igave notice early this week that I should call up the appropriation bills during this week 3 of them in order to dispose of them; that we were getting to a period of the session when they ought to be taken up and disposed of, those of them that we intended to dispose of at this period; and I did it quite as much for this reason as for any other, that the Senfrom Ohio had been at me continually to take up the appropriation bills and get them out of the We.
Mr. SHERMAN. That was long enough ago, when you could have done it then. We
Mr. FESSENDEN. Exactly; and the longer the time was deferred, the more necessary it was to get at them some day or other. While [was detained from my seat in the senate by illness the Senfrom Ohio took up one or 2 of those bills in order to pass them; he deemed it so important. I gave no tice early in the week that I should take up the bills. if I could, this week, because next week is set aside for the consideration of other business. Now the Senator regards his funding bill as of importance. I do not. The remark that I made the other day was simply this: that be reported it with the consent of the ComFinance, not that the majority agreed to it, as he knows very well
Mr. SHERMAN. I do not know any such t in.
Mr. FESSENDEN. If the Senator had listened to the remarks that were made and the reasons that were given by members of the committee why they allowed it to be reported, he would have known it.
Mr. SHERMAN. The Senator is out of order in making such an allusion.
The PRESIDENT protamporc. Senators will address the Chair, and not interrupt each other while debate is proceeding.
Mr. SHERMAN. Just one word. I nu doubtedly did say to the Senator, expressing my opinion, that he should have taken up the appropriation bills some time a O when all these formal bills, about which there is little debate, could have been acted upon and got out of the wa, leaving the important bills until the close of the session, as is usual. Undoubt edly I did say that, and undoubtedly that was the proper course. But iere is the trouble: the Senator and I. differ in regard to an important bill. He has undertaken to say what has occurred in committee. I think that that was improper; certainly it was in violation of the rule. I take it that every person who votes in committee votes his sentiments; and therefore, as I was authorized to report this bill, it was reported by the majority of the committee. I do not controvert with the Senator about what occurred there. The members are here present; and they know very well whether or not they gave their assent to the bill. I only wish to say that that bill is considered, not only by myself, but by others, as of the highest importance. The Senator must have seen 2 or 3 letters from the SecyTreasury on the subject. asking us topass that bill. I state to the Senate. now, the act that the question as to the loan that will be put upon the market is waiting for our action upon that bill. That is a fact that my honorable friend must know as well as myself. Under these circumstances, to brin up the fortification appropriation bills just att is time, when the Senator has blocked out the business for next week and the week after, crowding out this important bill which he does not happen to agree with, against the report of the committee, of which he is chairman, and therefore the most influential member, and crowding in these little bills that have laid on our table for weeks, did seem to me to justify the remark I made, that it was done for the purpose of crowdin off that funding bill.
Mr. FESSENDEN. The Senator must rec ollect that I gave notice on Monday of this week that I should take u these bills in order to pass them, and his bilIJwas not decided on in committee untilTuesday.
Mr. SHERMAN. I will state further that the Senator spoke about 2 bills, the diplo matic and consular bill and the WestPoint bill. The fortification bill is a matter of no moment and will take no time. Under these circumstances, I have a right to say, from the evidence before us, that the Senator desires, as a part of his parliamentary opposition to this bill, to interpose other bills to prevent it coming up, because when else can we take it up if we O not take it up now? Under the circumstances, I say, I am justified in saying it. All I desire is to submitthis proposition, which I can demonstrate to be not only extremely important but a measure which in my judgment will save the Government in ashorttime $10,000,000 a year, to the deliberate judment of the Senate. If the Senate shall vote tobill down, I shall have no regrets. It is only aquestion of public economy. It is not aquestion that affects me in the slightest degree either way. That is the feeling Ihad, an I felt in interposing now that I was performing an unpleasant duty. I desireto bring that bill (even a aiust the opposition of the Senfrom 9) to the consideration of the Senate, and after it is heard and debatedit willbe debated by me very briefly I am willing to take the judment of the Senate upon it. A.
Mr. TRUMBULL. I renew the motion to adjouhren.motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tuunsnsv, May 17, 1866. The House met at 12 0 clock m. by the Chaplain, Rev. C. B. Borxrou. The Journal of yesterday was read and approved. Prayer HENRY PACKARD.
Mr. BANKS, by unanimous consent, introduced a JtResolution authorizing the settlement of the accounts of Henry Packard. deceased, late asst paymaster of the U.S. Navy; which was read a 1st and 2nd time, nrid referred to the ComNavAffrs. CONTESTED 31.501108.
Mr. DAWES. I submitted a few days ago areport from the ComElections, in the case of Follet vs. Delano. Idesire to call up that case to ine rrow immediately after the morning hour and have it disposed of without debate. I trust that members meanwhile will send for the report and read it; and I will, in l compensation, relieve the House from any debate on in art.
Mr. SPALDI N G called for the regular order.
The SPEAKER announced, as the 1st business of the morning hour, the call of committees for reports, beginning with the ComPubBldg and Grounds. conucu, WEIGHTS, and MEASURES.
Mr. KASSON. The Committee on a Uniform System of Coinage, Weights, and measures have prepared a report which needs some slight revision before it is sent to the printer; and I therefore propose that while the report shall be considered as presented now, I may retain it for revision, With the understanding that it may be handed to the Clerk after revision and be printed.
The SPEAKER. it will be so ordered. METRIC SYSTEM OF WEIGHTS and MEASURES.
Mr. KASSON, from the Committee on Coinagc, Weights, and Measures, reported a bill to authorize the use of the metric system of weights and measures; which was read a 1st and 2nd time. The bill, which was read, proposes to enact that, from and after the passage of the act, it shall be lawful throughout the U.S. to employ the weights and measures of the metric system; an no contract or dealing or pleading in any court shall be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are the weights and measures of the metric system. The 2nd section provides that the table in the sched ule annexed to the bill shall be recognized in the construction of contracts and in all legal proceedings as establishing in terms of the weights and measures now in use in the U.S. the equivalents of the weights and measures expressed therein in terms of the metric system; and said table may be lawfully used for computing, determining, and expressin, in customary weights and measures, the weig ts and measures of the metric system.
Mr. IxASSON. I so pose it is not necessary to read in detail the tables giving those equivalents. 7 he committee have deemed it wise to frame a bill which in its terms is simply permissive and initiative of this great reform. In England, though a compulsory act was at 1st proposed, it was finally resolved to adopt a mere permissive measure; and under the present circumstances of this country the committee considered it best to frame a bill of the same nature. After some popular acquaintance with the system the Congress will be better able to fix the time for its ultimate exclusive adoption. As the facts connected with this subject and the reasons for the measure proposed are fully stated in the report, I will not, in the present pressure of business, detain the House with any additional remarks, though I will cheerfully explain any point on which any gentleman may desire information. The committee, after very patient and elaborate investigation, have agreed unanimously on their report. If no gentleman desires to discuss the bill I will call the previous question.
Skip Skip The previous question was 2nded and the mainquestion ordered; and under the operation thereof the bill was ordered to be engrossed and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed.
Mr. KASSON mtRtv the bill was passed; on the bble. Agreed to. If there be no objection,
Mr. KASSON. Mr. Speaker. I also report from the ComCoinage. Weights, and Measures, aJtResolution to enable the SecyTreasury to furnish to each fitate one set of the standard weights and measures of the metric system. This resolution is necessary to carry into etfect the bill which we have just passed, and conforms to the former resolution of Congress providing for the distribution of the common standards. The JtResolution was read a 1st and 2nd time. It proposes to authorize and direct the SecyTreasury to furnish to each State, to be delivered to the Governor thereof, one set of the standard weights and measures of the metric system for the use of the States res iectivel y. rIlie JtResolution was ordered to be engrossed and read a 3rd time; and bein engrossed, it was accordingly read the thi time and passed.
Mr. KASSON mtRtv the JtResolution was passed; on the table. Agreed to. POST orrien wnionrs.
Mr. KASSON, from the same committee, reported a bill to authorize the use in post othees of weights of the denomination of grammes; which was read a 1st and 2nd time.
Mr. KASSON. Mr. Speaker. this is to carry into effect the policy afi eady adopted by the postoffice Dept in connection with its foreign correspondence in the use of gramme weig its. The bill has been submitted to the postoffice Dept and no objection has been taken to it.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. KASSON mtRtv just taken; on the table. Agreed to.; METRIC SYSTEM AGAIN.
Mr. NIBLACK. I desire to ask the Gentfrom Iowa whether the bill for a metrical system proposes to go into effect immediately, or desi nates some uture day when it is to go into c ect.
Mr. KASSON. It proposes to go into effect as a permissive measure immediately; that is to say, all the arts, trades, corporations, and individuals who mAy desire to adopt it can do so. It is not now made compulsory at any time, as the committee did not feel authorized to make any such provision prior to its introduction in law, and the beginning of its use. We only desired to legalize it so that those who desired to use it might be able to do so without violating the laws now in force in some of the States, which this measure will to that extent repeal.
Mr. NIBLAOK. The gentlemans explanation is satisfactory to me. UniFORM COINAGE COMMISSIONER.
Mr. KASSON, from the same committee, reported a JtResolution to authorize the President to appoint a special commissioner to facilitate the adoption of a uniform coinage between the U.S and foreign countries; which was read a 1st and 2nd time.
Mr. KASSON. Mr. Speaker, I will say in explanation of the JtResolution that it is in execution of the recommendations of the report of the committee, as well as of Mr. Jefferson, Mr. Adams, and the other distinguished men who have taken part in this movement of reform. They all recognize the necessity ofinter national action to arrive at the properresult. Congress a few years ago passed aJtResolution that only artially carried out the object. A commissioner was authorized to be appointed for the purpose of consultingawith the Government of GreatBritain. He went there with indefinite instructions. The English l Gavernment expressed a willingness to entertain any proposition, but there was no authority sudiciently certain to give it force and effect. It therefore failed to produce any practical benclit. The committee thought that in connection with the meeting of the commissioners next year at Paris, from various foreign governments, if we appointed a special commissioner exrcssly charged with this matter we might at east pave the way for the result so much desired. That is the whole etfect of the JtResolution.
Mr. LAWRENCE, of Ohio. Mr. Speaker, I believe this to be totally unnecessary. I cannot understand why all this business cannot be performed by our (liplomatic representative" abroad. This special commissioner seems to me to be an unnecessary otheer, entailing an unnecessary expense. I only desire to call attention to the fact, and I hope the JtResolution will not pass.
Mr. KASSON. I think the gentlemans objection can be answered conclusively. In the 1st place the questions involved are those of science and art, referring to the basis of coin and the relations it shall bear to weights and measures. I know of but one minister of the U.S. abroad at this time who would be personally competentto undertake the necessar negotiations. In the 2nd place, it will be impOssible to take away any of our ministers from their res icctive capitals to attend to this special duty in meeting these commissioners ffom foreign Governments. We have hardly ever been able to effect any special reform through general diplomatic officers. In every instance, so far as I know. the initiative has been taken here and elsewhere by special commissioners. It is done for postal and for commercial conventions.
Mr. LAWRENCE, of Ohio. Have foreign nations appointed commissioners with whom our commissioner is to negotiate?
Mr. KASSON. They are all appointing commissioners to meet at the Industrial Exhi bition of next car.
Mr. LAWR NCE, of Ohio. Are any of them authorized to negotiate upon this subject?
Mr. KASSON. If the gent eman had heard the resolution read he would have found that it provided for the appointment of a special commissioner with reierence to this subject, to act in conjunction with commissioners to be appointed by all nations which are invited to join for this express purpoae. The whole object of the resolution is practical to secure one single commissioner from each country who shall be specially charged with that function. I certainly can see no objection toit. The resolution expressly provides that there shall be no salary paid to the ommissioner, and I think it will commend itsel to the judgment of every member that a special commissioner is indispensable for this purpose. I call the previous question.
Mr. LAWRENCE, of Ohio. I hope the gentleman will allow me a word.
Mr. CONKLING. I call for the reading of the JtResolution. the JtResolution was again read.
Mr. LAWRENCE, of Ohio. I desire to call the attention of the House to the fact that here is a proposition to appoint another commissioner to the Paris Exhibition. We have already authorized the appointment of ten, and before they get through with that Exhibition I do not know but we shall have a congress of American citizens sent there to represent all the great interests of this country. Now, if we cannot get along with ten commissioners I think we had better dispense with the commission entirely. This is simply an appendix to what has already been commenced, and I hope we will stop the appointment of further commissioners to this exibition.
Mr. BANKS. In reference to the suggestion of the Gentfrom Ohio, [Mr. sw RENCE] I desire to say that the proposition presented by the ComCoinage, Weig ts, and Measures, as I understand it, is distinct entirely from that embodied in the proposition for a representation of our industry at the Paris Exposition. I do not d ire to go into a discussion of that question a all; but in reference to this measure let me say to the Gentfrom Ohio and to the members of teHouse that its object is to pave the way for the establishment of reforms that will enable every man who travels in any country to carry in his own pocket an exact representation of the values of weights and of measures that exist in any civilized country. Whenever this system shall be established a man may carry in the coin he has in his pocket an exact test of the measures, weights, and values that exist in other countries through which he travels. That is certainly an object of great importance to the people of this country, and ift is be an inquiry only, costing little or nothing, I hope the JtResolution will be passed. I have seen this morning very intelligent persons from England who say that in a brief visit to this country they have given as much time and trouble to learn the relative values of our fractional and other currency as to study of institutions of greater importance. I suppose that every man who has traveled knows the inconveniences and the losses that result from the dillienlty in comprehending the different standards of weights and measures and mercy values in other countries. I hope the JtResolution will pass.
Mr. KASSON. The gentleman is perfectly right in his suggestion of the unnecessary expense and inconvenience that attend the present system. So long as every Government and principality in Europe has a local and peculiar comage, the traveler must undergo a shave at every frontier, and merchants are liable to perpetual mistakes in the renditio of their accounts.
Mr. LAWRENCE, of Ohio. The gentleman does not seem to comprehend exactly the point of the objection which I make to this resolution. I purpose sought to be attained as to the means y which it is sought to be attained. Now, we have already, so far as this House is concerned, authorized the appointment of ten commissioners. They are to be scientific men, the representatives of all the interests of this country. Why not clothe one of those representatives with the powers contemplated by this resolution? Why add another commissioner? That is the point I make. Now, we have been a little slow to see the absolute necessity of this system which my friend says has been so ably presented by Jefferson and Adams and others. We seem to have got along very wellwithout it. I should not object that one of those ten commissioners should be clothed with all the authority contemplated by this resolution, but I do object to the unnecessary expense of an additional commissioner for this purpose.
Mr. KASSON. Let me add once more, so as to be distinctly understood by the House, that there is no salary attached to this office. These special commissioners to whom the Gentleman has referred have no special charge of this subject, and have no power whatever to negotiate with foreign Governments, and it is absolutely necessary that the commissioner charged with this question should have the power to negotiate. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The JtResolution was ordered to be engrosse and read a 3rd time; and engrossed, being it was accordingly read the3rd time. Mr. KASSON demanded the previous question on the passage of the JtResolution. The previous question was 2nded and the main question ordered. Mr. LAWRENCE, of Ohio. I demand the yeas&nays on the passage of the JtResolution. If this JtResolution shalll be voted down, I hope the House will understand that the committee can be directed to move that some one of the ten commissioners already authorized shall be clothed with all the neces v sary power.
Mr. KASSON. Mr. Speaker, I cannot refrain frOm expressing some surprise at the obstinacy of my friendfrom Ohio in a matter to which I see clearly he has not given a personal examination. Let me say again that the reasons for providing for the appointment of this commissioner are that the Senate may not concur in our measure providing for representation at the Industrial Exposition. Even if the Senate should concur in that, no one of the commissioners thus appointed can possibly perform the duties of the commission under that act. The 3rd reason is that if the effort is worth the enterprise of an entire centu for it is an enterprise of an entire century think the great American Republic will notvery much injure its dignity or its honor in that direction, if it should allow to the commissioner who shall contribute to this great result his personal expenses. Nothing more than that is proposed by this measure. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the nflirmative yeas 65, nays 38, not voting 80; So the JtResolution was passed. Mr. KASSON mtRtv the JtResolution was passed; on the table. Agreed to. PAY OF COMMITTEE CLERK.
Mr. KASSON. I am directed by the ComCoinage, Weights, and Measures to report the followmg resolution: Ruched. That the clerk of the ComCoinage, Weights, and Measures be allowed 6 dollars perdiem for the 40 days during which he has been employedassuch. The services of the gentleman who has acted as the clerk of the committee have been exceedingly valuable. His time night and day has been devoted exclusively to the work of the committee. He is a gentleman coming from NewHaven, being a learned mathemat ical professor in the college at that place. 4 dollars perday, the usual compensation to a committee clerk, would scarcely pay the hotel bill of this gentleman, putting out of view his traveling expenses.
Skip Skip On agreeing to the resolution, there were ayes 40, noes 80: no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Messrs. Kasson and BERGEN. The House divided; and the tellers reported aycs 47, noes not counted. Mr. WARD. I demand the yeas&nays. I desire that gentlemen who are in favor of increasing salaries at this time shall go on the record. The yeas&nays were not ordered. The resolution was agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. EGGLESTON asked leave of absence for Mr. HAYES for ten days. Leave was granted.
Skip Skip MESSAGE FROM THE PRESIDENT. A message in writing from the POTUS was delivered to the House by Mr. Enwann Coorna, his Private Secretary, who also informed the House that the President had approved and signed bills and JtResolutionsof the following titles: An act (H.R.No. 511) to impose a duty on live animals; An not (H.R.No. 397) to authorize the coinage of 5 cent pieces; An act 3H.R.No. 567) to amend an act to establish t to grade of vice admiral in the U.S. Navy;JtResolution (H.R.No. 66) relative to thei courts and postoffice of NewYork city; anJtResolution (H.R.No. 133) relative to the attempted assassination of the Emperor of Russia. UNIFORM BANKHUPT LAW.
Mr. JENCKES, from the select committee on abankrupt law, reported a bill to establish a uniform system of bankruptcy throughout the U.S.; which was read a.1st and 2nd time., The question was upon ordering the bill to be engrossed and rea a 3rd time.
Mr. JENCKES. The bill which was referred to the select committee on bankrupt law, on the motion of the Gentfrom NewYork, Pdr. Coxnusod was the bill that was former y reported by that committee, without any of the amendments in afted upon it during its consideration by this Iglouse. The bill now reported is the bill originally reported as amended in the House, with some other amendments to meet the objections then made to it. With the permission of the House I will briefly explain what those additional amendments are, and take up no time in explaining the other portions of the bill, as the bill has already been fully discussed with these exceptions. The principal of the amendments now proposed is one relating to the duties of the officers st led messengers. By the original bill, in cases O voluntary bankruptcy, these messengers were required to take possession of the property be longing to the bankrupt, and retain it until the appointment of the assignee. By the bill as now reported, these messengers have no such duties to perform with regard to the property of the petitioner. The custody of the property remains in the possession of the petitioner until an assignce is regularly appointed by the court, when he takes possession of it and has full and final control over it. The responsibility of the care and custody therefore remains with the bankrupt, as the owner of the property, in the interveningr time. As a check upon any waste of the propertyin the mean time, or of any disosition of it adverse to the provision of the aw, the bankrupt is require to satisfy the court, and of course to satisfy the creditors, who watch over the proceedings until the discharge is granted, that he has made no such waste or fraudulent disposition of his property, before he can obtain his discharge.
Mr. CONKLING. We are very anxious on this side to hear what the Gentfrom RhdIsland [Mr. JESE KES] is saying, but at present we are unable to do so. I would suggest to him, therefore that he take a place nearer the center of the Hall, so that we can hear him.
Mr. ELDRIDGE. Mr. Speaker, I hope the Gentfrom NewYork [Mr. Cosxuno] will not insist upon the Gentfrom RhdIsland [Mr. JENCKES] going over to that side of the House to make his speech. We very rarely have an opportunity to hear what is going on upon that side, or taking any partin the business of the House, however much we may desire it, and I trust we shall not be denied the pleas ure of hearing the Gentfrom RhdIsland [Mr. Jss exnsi] on this occasion.
Mr. JENCKES. f the House were more gulclt I could easily be heard in all parts of the a Mr. Speaker, the whole of this explanation may be summed up in one sentence. The duties of these messengers are dispensed with in all cases of voluntary bankruptcy. The responsibility thrown upon them by the bill as originally reported is now thrown upon the petitioning debtor and unless the debtors at miles the court that he has acted honestly in every respect in regard to his property between the time of his application and the time ofre ceiving his discharge, then he is not to receive the benefit of this act. I will explain another amendment made in this bill. this in regard to the payment of the Officers called registers. By the original bill those otheers were to be paid a salary, to be raised from the fees to he paid in each case. By the pronosed amendment they are to be paid accoring to the services they render and there is a provision inserted in the bill giving the commissioners power to reduce these fees in certain classes of cases, so that no ox orbitant compensation can be received by anyone of these officers. It is also required that one or more of these officers shall be appointed in each county of the U.S., so that it shall be convenient for every party transacting business in this court to have one of those officers as accessible as the county clerk now is. ltis also provided that these officers shall be appointed upon the nomination and recommendation of the Chief Justice of the SCOTUS That Officer is designated because he is to have the supervision, confirmation, and establishment of the rules of practice which are to form the code of practice in the courts of bankru tcy, if this bill shall become a law. These, believe, are all the respects in which the bill now reported differs from the bill for merly before the House.
Mr. PAINE. I wish to inquire of the Gentfrom RhdIsland [Mr. Jnxenns] whether he alludes to the bill which was last voted on by the House as amended onto the bill former y reported from the committee.
Mr. JENCK S. I refer to the bill which was last voted on by the House, containing all the amendments incorporated into it by a vote of the House. I have been explaining the additional amendinents reported y the committee. I will state to the Gentfrom Wisconsin [Mr. Pawn] that the bill now reported embraces the amendment in which I suppose he is particularly interested, protect in the homesteads in all the northwestern and ot ier States where there is a homestead law.
Mr. HOLMES. Mr. Speaker, it is well known that when this bill was before the House a few weeks ago I voted against it. I did not do so because I was opposed to a bankrupt law, but for reasons peculiar to this bill in the form in which it then was. My objections were to the details, and not the principles of the bill. These objections have Ibeen entirely removed in the bill as it now stands. The most important objection, as I regarded it, was to the unnecessary and expensive provision by which the marshal was required to take charge of the property of the bankrupt on the presentation of the petition, and hold it until an assignee was appointed, receiving mileage and his expenses, in addition to a reasonable compensation for the custorly of the property. Ilhis, in my judgment, was unnecessary, and in the district in which I reside would have been very expensive. This feature of the bill has been entirely removed, and the property remains in the hands or custody of the bankrupt until an assignee is apointed, and a provision has also been inserted) that if he is guilty of fraud or negligence in the cus tody of it, or in failin to deliver it to the as signee when appointe, his discharge shall not be granted. The expenses necessarily incurred in taking the benefit of the former bill were too high, I thought; and, as one of my colleagues truth fully snggested, it would cost a man more to take the benefit of it than to pay his debts. The fees to officers for specific services have also been reduced, and the entire costs and expenses of the iroceedings are reduced, in my judgment, no less than 1/3rd. A register is provided in every county, so that parties and their attorneys will easily and read ily be accommodated in the preliminary proceedin s, which can be taken before that officer. n the form in which the bill now iIs shall cheerfully vote for it and hope it will ass. p
Mr. JENCKES. printed. The motion was agreed to.
The SPEAKER. The morning hour has expired; the bill will come up again on Tues day next in the morning hour. SUPREME COURT DECISIONS.
Mr. WILSON, of Iowa, by unanimous consent, reported back from the ComJudiciary, Senate bill No. 186, amendatory of an act to provide for the reports of decisions of the SCOTUS.
Skip Skip The bill was read. It allows 8 months instead of 6 for the publication of the reports. The bill was read the 3rd time and passed. Mr. WILSON, ofIowa, mtRtv the bill was passed; upon the table. Agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. LEBLOND asked and obtained leave of absence for his colleague, Mr. Fm ex, for 2 weeks from tomorrow. WESTERN PACIFIC RAILROAD Mr. PRICE, from the ComPacificRR, by unanimous consent, reported back Senate JtResolution No. 61, to extend the time for the construction of the 1st section of the Western Pacific railroad. The JtResolution was read. It extends the time for the construction of the 1st 20 I move that the bill be moved to the 1st of January, 1867, on certain conditions named.
Skip Skip The JtResolution was read the 3rd time and passed. Mr. PRICE mtRtv the jtResolution was passed; on the table. Agreed to. CALIFORNIA LAND GRANTS.
Mr. JULIAN. from the ComPubLands, by unanimous consent, reported back House bill No. 441, to conlirm the selection and location of certain lands granted to the State of California by the U.S., and for other purposes; which was ordered to be printed, and recominitted to the Committee on gublic Lands.
Mr. ALLISON mtRtv the bill was recommitted. on the table. Agreed to. TAX BILL.
Mr. MORRILL moved that the rules be suspended, 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 itself into the ComWhole on the state of the Union. (Mr. Dawns in the chain) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an not entitled “An act to provide internalrevenue to so art the Government, to pay interest on the pay ic debt, and forotherpurposes, "approvedJune 80, 1864, and acts amendatory thereof. The pending paragraph, as amended, was as follows: 30. Auctioneers whose annual salesdo not arrested 810.0(1s)hall pay ten dollars and if shall pay 20 dollars. Every epxecrcswoinn s $a1ll0.boew doomedan auctioncer within the meaningof this act whose businessit is to offer property at public sale to the highest or best bidder: Provided. That the provisions of this aragraphshall not apply to judicial or executiveo cers making auction salesby Virt ueof anyJud cut or decreeo any court. nor public salpmade y or for execute. administrators or guardians of any estateheld by them assuch.
Mr. HOTCHKISS. I move to amend the paragraph by adding these words: N ortoattorncys in the ordinary prosecution of their business. hlhe CHAIRMAN. Debate is exhausted on t is.
Skip Skip The question being taken on the amendment, no quorum voted.
Mr. CONKLING. I understand the chair man of the committee does not object to this amendment. I think it can be adopted without a quorum. The amendment was accordingly adopted.
The Clerk read as follows: 31. Manufacturers shall pay ten dollars. any person. firm or corporation who shall manufacture by hand or machinery any goods, wares or merchan dise. not otherwiseprovided for. exccedm annually the sumof $1,000o. r shall be engagedin the manufacture or preparation for saleof any articlesorcompounds or shal. but up for sale in packageswith his ownnameor (rat O mark thereonany articles or complpund.tshall be regarded as a manufacturer under 1!ac. No amendment being offered,
The Clerk read as follows: 82.Peddlers shall beclassifiedand ratedasfollows. to wit: when traveling With more than 2 horses or mules, the 1stcltuss and shall pay lift dollars when traveling With 2 horsesormulcs. the seconcellainsgs and shall pay 25 dollars; when trav With one orso or mule. the 3rd class. nd shall pay 15 d. llars: when traveling on foo ho 4th c and smallpay ten dollars. Any person, except persons peddling only newspapers. 1 les, or grcoloindios.us tracts, who soils or otlers to sell at retail wares or other commodities.traveling from place to place, in the streetor through differentparts of the country, shall be regarded a peddler under this act: Provided. That pay peddler who sells or offers toor igsienlaldl rpyagcokoadgse.sfoorrepigiencoersdaotomneestic, by one or more personor porsons, or who paddles time. to thy same Lcwclry. distilled lpiritspformented liquors or Wines.5 all pay fill dollnrs: rmdqd farther, That manufacturersan d ersof agricultural tools and implements i on 1. t and woorondaemn ewnotarel;torunedrp.aotwodmer.adned liveolrlionwg 9o and sellin at wholcsale any of said articles.by themselvesor than authorized agents.at places other than qthuoirepdlatcoepoafy manaynuspfaecctiuarlet, asxh.all not therefor bere
Mr. MORRILL. I move to insert after the word “ only" in line 1236the words “charcoal or;" also, after the words “wooden ware” in line 1247 to insert “charcoal.” The amendments were agreed to.
Mr. DAVIS. I moveto insert after“ woodeu ware" the words “stone ware.”
Mr. ALLISON. I would like to know why that amendment is offered.
Mr. DAVIS. I wish simply to include earthen or stone ware. so as to give the manufacturers the same privilege that is extended to the manufacturers of wooden ware.
Mr. MORRILL. Stone ware is never ped dled; and I hope the gentleman will not press his amendment. The amendment was disagreed to.
Mr. PIKE. I move, on page 59, line 1243, to strike out the words “distilled spirits.” The amendment was agreed to.
Mr. PIKE. I move to strike out, in the next line, the words “fermented liquors or wines.” The amendment was agreed to.
Mr. LOAN. I move to insert in line 1336, after the word “news papers, ” the wor “magazines.” he amendment was agreed to.
Mr. BOUTWELL. Have the words “distilled spirits” been stricken out?
The CHAIRMAN. That amendment has been adopted, and no debate upon it is in order.
Mr. BOUTWELL. I move to insert in line 1234, after the words “on foot, ” the words “ or by public convey once.” The amendment was agreed to.
Mr. THAYER. I move to insert in line 1241, after the word sell, " the words “distilled spirits, fermented li uors, or wines.” Mr. GARFIELD. That is right. The amendment was agreed to.
Mr. BERGEN. I move to insert in line 1237, after the word commodities, ” the words “or the produce of his farm or garden; ” so that the clause will read: Any person, exec t personspeddling only newspa pers.magazines.Bi les, or religious tracts, orthe produceofhis farm or garden.who sells or offersto sell at retail. goods.wares or other commodities. trav eling from place to place, in the street or through different parts of the country, shall be regarded a peddler under this act. Farmers and gardeners travel through the cities and sell the produce of their farms and gardens. As the law now stands, without this amendment the would be compelled to pay for a license. think they ought not to be compelled to pay it, and I therefore offer this amendment.
Mr. GARFIELD. I hope that amendment will not pass. Ifa man goes peddling his own produce, he ought to be considered a peddler and to pay a tax. The amendment was agreed to.
Mr. GARFIELD. I move to insert in line 1248 before the word “powder” the word “gum” so as to make it read “gunpowder.” The amendment was agreed to.
The Clerk read as follows: 33. Apo the carios shall pay ten dollars. Every person who kcops a shop or uilding where medicines are compoundedor prepared according to prescriptions of physicians or wheremodicinea are sold shall be regarded as an a of the cary under this act. at wholesale and retal dealers who have special tax therefor shall not be reaired to paya tax as an aiio the cary anything in is not to the contrary notwithstauinglz;nor shall agothocaricii who have paid the speciii lnx be require to pay the tax as retail dealersi nliquor in canse guonceof sell in alcohol. orof selling or of li, dispensing, upon phy nnsuprescriptions, the wares lpirlts officinal in the U.S and other national pharmncm aid the pot ins.in quantities not exceeding half a pint of either at one time. nor exceedingin aggregatecost value the sum of$30operannniu.
Mr. BENJAMIN. I move to amend by inserting in Iline 1262 after the word “alcohol” the words “for medical urioses."
Mr. STEVENS. There is a great deal of. the article used for mechanical purposes as well as for medical purposes. The amendment was disagreed to.
Mr. ALLISON. I move to strike out in lines 1258 and 1259 the words “anythingin this act to the contrary notwithstanding.” The amendment was agreed to.
The Clerk read as follows: 34. Photographers shall pay ten dollars. any person or personswho make or sale photomphs, cm brotyges. dacucrrcotyeics or pictures by the action oflight, shall bercgared a photographer under thll ac. No amendment being offered,
The Clerk read as follows: 35. Tobacconists shall pay ten dollars.Any person, firm or corporation whose business it is to sell at retail cigars. snuff or tobacco, in any form shall in rearded us a tobacconistunder this act. But whole sa O and retail dealers and keepersof hotels, in taverns, and eating houses.having paid the spoo lax therefor, shall not be required to pay the tax as two ibthase tcaoniidisintsg, anything in this actto thocontrary not No amendment being offered,
The Clerk read as follows: 36. Butchers shall pay ten dollars. Every person whose business it is to sell butchersmeat at retail shall be regarded as a butcher under this act: Phovided.That no butcher having paid the special tql therefor shall be required to pay the to as a ISM dealer on account of selling other articles at the same store stall, or promises: Promded further, Tint butchers who sell butchers meat exclusivelyfllx themselvesor agents, and personswho sell shol or other fish or both. travelin from place toplacc, and not from any shop or stan shall a required to pay 5 dollars only. any existing law to the contrary pay thneottwaxithasstaanpdeidndii;cratroidr rsehtaalilli nngotbbuetrcehqeursiremdet not or fish and no special tax shall he imposed for sellin shell fish or other lish from ban warts or wheel arrows.
Mr. MORRILL. I move to amend the 1st proviso by inserting before the words “tax as a retail dealer” the word “special.” The amendment was agree to.
Mr. MORRILL. I move to amend the last proviso by striking out the words “and shall not be required to pay the tax as a peddler for retailing butcliers meat or fish.” The amendment was agreed to.
The Clerk read as follows: 37. Proprietors of theaters, museums, and concert halls. receiving pay as entrance money, shall pay $100. Evpry edifice usedfor the purpose of dramatic or operatic or other representations, plays, or perform any concootnince elrutd sonrg thhe aallstrrice alter deporre sues netdaoticoenas shall be regarded as a theater under this act: provided. That when any such edifice is under lease at the pass o of this act. the tax shall bepaid by the lessee, an pass otherwme stipulated betweentho parties to said lease. No amendment bein offered,
The Clerk read as fo lows: 38. The proprietor or proprietors of circuse s shall pay 8100. Every building, tent. space or areawhere featsof horsemanshipor acrobatic sportsor the atrical performancesare exhibited shall be regarded” a circus under this act: Provided, that no special tax paid in one State shall exempt exhibitions from the tax in another State and but one.special tax shall be imposed under this actfor exhibitions within anyone State. No amendment being offered, the Clerk read as follows: 39. Jugglers shall pay 20 dollars. Every person who performs by sleight of hand shall be regarded as:i juccler under this not. The proprietors or agentsof all other public exhibitions or shows for money.not enumeratedin this section, shall pay ten dollars: Provided. That a special tax in one late shall not exemptexhibitions froni the tax in anolher State and but one special tax shall be imposed underthis act for exhibitions within anyone State.
Mr. MORRILL. I move to amend the last section of this paragraph by striking out the word “imposed” and inserting the word “re quired.” The amendment was agreed to.
Mr. NIBLACK. I move to amend by in sorting after the words “ sleight of hand the words “including spirit rappings and other kindred manifestations.”
Mr. THAYER. I wish to remind the Gentfrom Indiana. [Mr. NIHLACK] that by a judicial decision in the State of NewYork that is embraced in the terms “jugglcry” and “sleight. of hand.”
Mr. NIBLACK. I think my amendment better be inserted here.
Mr. NlBLACK. I want to make it certain. The amendment was not agreed to.
The Clerk read as follows: 40.Proprietors of bowling alleys and billiard rooms shall pay ten dollars for eachalley or table. Every place or building where bowls are thrown or billiards pln ed and open to the public with or without price, lbs I be regardedas obowlingalley or billiard room, respectively. under this not.
Mr. DAVIS. I move to amend the 1st sentence of this paragraph by strikiu out the words “alley or, " so that it shall rea, “pro victors of bowling alleys and billiard rooms Ihall pay ten dollars for each table.”
Mr. lHAYEli. I would suggest that ten pins are not. played on stable. [Laughter]
The Clerk read as follows: 41. prorietors of gift enterprises shall pay dollars. very person, firm, or corporation who sfihlalyl sell or olferfor saleany article of merchandiseotany description whatsoever, or any ticket of adluissionto any exhibition or performance, with a promise, ox presor implied, to give or bestow.o rin any manner to hold out to the public the promiseof gilt or he stowal of anyurticloor thing for and in consideration of the purchase by angers on of any other article or thing, shall he regard as a pieoprietorof a gift enterprise under this act: Prouul, That no such proprictor. in consequenceof being thustaxed. sh 1be elempt from payin any other tax imposed bylaw, and the specialtax erein required shall be in addition thereto.
Mr. SCHENCK. I move to amend the 1st sentence of this paragraph by striking out the words “pay 50 dollars" and inserting “ be put in the penitentiary.” The amendment was not agreed to. Mr.LAWRENCE, ofOhio. Imove to amend b yonsetrihkiunngdreodut a“nfidft dollars” and inserting line of the paragraph. The amendment was agreed to.
Mr. WILSON, of Iowa. I move to amend by inserting the words “real estate or” after the words “ the promise of gift or bestowal of any, ” die. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I move to amend by striking out the words “to the public” before the words “ the promise of gift Or bestowal, ” &c. The amendment was agreed to.
The Clerk read as follows: 42. Ownersof stallions and jacks shall pay ten dollars. Every person whokeepsa mule horse or slack for the useof mares, requiring or receiving paythere for, shall be regardedas the owner thereof and shall furnish a statement to the assessoror asstas sessor, which shall contain a brieldescriptinn of the animal its use. rindplace or placeswhere usedor to be used: Provided, hat all accounts.notes or de mands for the useof anysuchhorseorjnek, the owner or kce ier thereof not having paid the tax as aforesaid shall be void.
Mr. EGGLESTON. I move to amend the 1st sentence in this paragraph by striking out “ten dollars” and inserting “ 5 dollars.” The amendment was not agreed to.
The Clerk read as follows: 43. Lawyers shall pay ten dollars. Every person who for feeor reward shall prosecutqordefendeauses in any pourt of record or other judicial tribunal of the U.S.sor of any of the States or give legal advice in relation to any cause or matter whatever, shallbe deemedto be a lawyer Within the meaning of this act.
Mr. EGGLESTON. I move to amend by striking out in line 1354 the word “ten, ” and inserting in lieu thereof the word “ 15;” so that the clause will read: “Lawyers shall pay 15 dollars.” The amendment was not agreed to.
The Clerk read as follows: 44. Physicians. Surgeons. anddentists shall pay ten dollars. si tEnviIefroyr seorasnodnr(eewxcaerdp, ttaopport eh seccriabreicres)mwehdoieses orperform surgical operations for the cureof anybod gll}eo(nll. ll$o0r iiilinir shall be deemed a I1ll V l(.slfiulrl, ordentist. Within the meaningofthis act. No amendment being offered,
The Clerk read as follows: 45. Builders and contrnctors shall pay ten dollprs. Every person whosebusiucssit is to construct build runs or ships, or bridges or canals, or railroads by contract whosereceiptsfrom building contractsex ceed $2, 500in anyone year shall be regarded as a builder and contractor under this act. No amendment bein offered,
The Clerk read as fo lows: 46.Assnycrs, assayinggold and silver, or either, of a value not exceedingin one year $259,000 shall pay $100, and $200when the value exceeds8250.000 and does not exceed $500,000 and $000when the value exceeds$500,000.Any personor personsor corporation whose business or occupation it is to separate gold and silver from other metals or minersl substanceswith which such gold or silver, or both, are alloyed. combined or united, or to ascertain or determine the quantity of gold or silver in any nllo or combination with other metals, shall bedeem assayorfor the purpose of this act.
Mr. McRUER. I move to amend by inserting “shall pay 50 dollars” after the words “assayers, assaying old and silver or either;” and by striking out the followmg words: 0la value not exceedingin oneyear $250,000sh. all pay $100, and $200when the value exceeds 8:1),000 and does not exceed$500, 00a0n, d SeOO whotnhe value exceeds85(1), !)00. So that the clause will read: Assayors.assaying gold and silver, or either shall pay 50 dollars. I see no reason Mr. Chairman, why the large tax proposed in this paragraph should be imposed upon this branch of manufacturing industry called assaying. This business is frequently carried on by persons of very small capital. It is here provided that where more than $500,000 is assayed, a tax of $500 shall be paid. I see no reason why this branch of industry should be taxed at this exorbitant rate. V which manufacturers are taxed ten dollars no more; and I do not know why ase ientific man engaged in assaying or refining gold or silver should pay this heavy tax. I believe that this bill provides for no other tax analogous to this. I h h t Ry dollars" in the 1st ope t a my amendment may be adopted, and that the tax will be reduced to the sum of 50 dollars, without any regard to the amount of gold and silver assayed.
Mr. MORRILL. In reply to the Gentfrom California [Mr. Melissa] I will say that in addition to the license or special tax which is paid by manufacturers, they are required to pay a tax on their products. This tax paid by usesers is about allhhe tax that we get on these pronets, gold and silver. In addition to the tax in this form we get only a fraction of one r cent.
Mr. MeRUER. I beg leave to say in reply to the gentleman, that all this gold and silver is liabIe to a tax of 1/2 of 1%. upon its total value, whenever it is assayed, wi the b tax must be collected by the assnyer and paid over to the Government. The same principle does not apply to anything else which is really a raw product of industry. I do not object to this small tax of 1/2 of 1%, because it is not a great burden; but I object to the principle, because it is notapplied to another product of industry. The man who elves from the earth by the sweat of his brow and the force of his muse le gold or silver to the value of $1,000 should not be taxed for that any more than the man who produces $1,000 worth of some industrial product. Still I do not. propose a change in the law in this respect. But, sir, I see no reason why an assayer, if he does a certain amount of business, should pay a tax of $500 a ear, while a manufacturer doing business to the extent of millions, pays only ten dollars. This tax on assayers must operate as a serious burden upon a class of men employed in able itimate branch of scientific pursuits. I trust t at. my amendment will be adopted.
Mr. MORRILL. This tax, it will be seen, is, comparatively speaking, very small. Where the party assa a $250,000 annually, he pays $100; where the amount is more than $250,000, and not. more than $500,000, the tax is e have already passed by a section in $200; and where the amount assaed exceeds $500,000, a tax of $500 is require to be paid. The amount of the tax is not exorbitant, and it is imposed upon parties who can easily pay it. The product. itself is subject to a verysmall tax. I trust that the amendmentwi not be adopted. The amendment was not agreed to.
The Clerk read as follows: 47. Miners shall pay ten dollars. Every person. firm, or compiipy who shall employ others in the businessof minipg for coal or for gold, silver.coppearv, i nlegapda, idirothne.ztina ex, tshpeerlelefor, r.oars aot manufactures r, anno no other shall be regarded as amiuer under this act: Provide. That this shall not aiply to any miner williosse receiptsfrom his mine sha not exceed annually
Mr. MERCUR. I move to strike out the worHds “employ others in” and insert “ carry n Mr. Chairman, I do not know how it is in the mines where the recious metals are procured, but in the coa mines this phraseolbgy would result disastrouslyto the miners. “ miners” is a technical term. Persons are called miners who have no interest in the mines at all. A is put in with one or 2 laborers. n.Ho is called a miner, though be has no interest in the sale of the coal. t may be thought the proviso to the bill would exempt him from the effect of this tax, but on looking it will be seen it does not apply to any person who is a miner.
Mr. STEVENS. I am opposed to this or any other amendment of the paragraph. I think the paragraph ought to be stricken out. I think there ought to be no notice taken of miners, and I therefore move to strike out the whole paragraph.
The CHAIRMAN. That motion is not now in order.
Mr. MERCUR. I withdraw my amendment for the present, so that my colleague may make his motion to strike out.
Mr. STEVENS. I move to strike out the whole paragraph. Mr. Chairman, I do not know how many this would embrace. Everyman who mined limestone for his farm, every man who mined a little coal for his furnace. all these men, and 10,000 others like them, would be embraced. It would be a most vexations thing to embrace so many persons. As these things are all taxed when manufactured, Iliope there will be no objection to striking the paragraph out.
Mr. MORRILL. I hope the motion of the Gentfrom Pennsylvania will not revail. Iain notsure that the amendment of iis colleague may not be a proor one. lhis matter has been ebated in this House heretofore. When adopted and incorporated into the present law it was fully and carefully considered, and it was acceptable to the House on all sides. It will be noticed that it does not apply to any persons except those who employ others in mining. It is a so restricted to those whose receipts shall exceed $1,000. If any go beyond that they on ht. to be taxed.
Mr. MOOIlHEAD. The gentleman says it only taxes those whose receipts shall be $1,000. The receipts of these men are not from. the mines but from labor, and the proposition really is to tax labor.
Mr. MORRILL. I will obviate that objection by moving to strike out. “ his mine" and insert “ mining.”
Mr. BLAINE. I do not think the amendment of the Gentfrom Pennsylvania, from the Pittsburg district, ought to prevail. I think that during the whole progress of this bill, with all due respect to the Gentfrom Pennsylvania and the Gentfrom California, have seen no motion made more groundless than this. We place a tax upon every trade and calling we can find out, and I undertake to say that it is a fact that the miners, whether in the Pennsylvania coal mines or in the California gold mines, are infinitely better able to pay taxes than the builders, contractors, lawyers, physicians, and surgeons. It is especially prmnded that there shall not be a tax unless the receipts exceed $1,000 perannum, and then the tax is only ten dollars.
Mr. CULLOM. Suppose you insert the words “who shall be proprietors.”
Mr. BLAINE. That raises the question who are prorietors. That gets up a difficulty between ose who own the coal lands and those who lease them.
Mr. CULLOM. Say then “the proprietor or lessee."
Mr. BLAINE. Let me make a motion to strike out.
The CHAIRMAN. No amendment is now in order.
Mr. BIDWELL. I will withdraw my amendment also, and accept the amendment of the Gentfrom Maine.
Mr. BLAINE. I move to strike out in line 1393 the words “from his mine;” so that it shall read: Provided, That this shall not apply to any miner whosereceipts shall not exceedannually $1,000.
Mr. MOORHEAD. What does the gentleman mean by receipts amounting to $1,000, when a man employs 2 or 3 men whom he has to pay?
Mr. BLAINE. That would not be included in his receipts.
Mr. MOORHEAD. I think it would. I think a man emploing 2 or 3 men would be taxed under this section.
Mr. BLAINE. So would a builder or contractor. I repeat that you cannot well go back and relieve every other trade, calling, and bus iness, and I do not believe that there is any glass so well able to pay a tax as the miners In the coal mines of Pennsylvania or in the gold mines of California; and I only wonder that the tax a on them has not been increased.
Mr. McRUER. I wish to so, in rely to the Gentfrom Maine, Mr. MINES that there is not a single tax in this whole bill anal ogous to this. This is a direct tax upon the labor emploed in producing the raw material.
Mr. BLAINE. What is the tax upon cotton?
Mr. McRUER. This is a tax on the gold. There is a tax on cotton; but I beg leave to say that with these 2 exceptions there is not a tax imposed on an product of labor, being the r w material. otton is an exception to all t other agricultural products of the country, and this is an exception, as it taxes the labor employed in producing the raw material. Here the hammer fell.]
Mr. KELLEY. I feel that there is not a gentleman in the House who, if be properly understands this subject, will vote for this ainendment. The tax proposed is a direct tax upon wages and labor, at least so far as Pennsylvania is concerned.
Mr. BLAINE. The gentleman will allow me to correct him. This refers “ to every person, firm, or company who shall employothers in the business.”
Mr. KELLEY. Iwas comin to that. The miner, being a skilled hand, w 10 employs an unskilled laborer to assist him, is to ay a tax 1st upon the wages, and next, should he reach the point of an income, on his income. In 19 cases out of 20, if not in 99 out of 100, you will make him pay ten dollars on his earnings. I do not want to exclude any man from taxation who owns or rents a mine, or works it as a capitalist; I simply want to guard the laboring men in our mines from having to pay, 1st, a tax of ten dollars for the privilege of laboring there, and then an income tax.
Mr. MORRILL. If the gentleman will with draw his amendment, I will renew it.
Mr. MORRILL. I renew the amendment. Sir, it is not my ose to advocate any tax in this bill that oes not up ear to my judgment to be just. I think thatif we are to make any exemptions it would not be just for us to do it on this subject of mining. There have been more favors distributed in this bill to the interests of miners than to any other class whatever. We propose entirely to exempt such raw materials as lead and copperand iron and zinc and tin and old, &c., from any tax, and if we are to derive anything at all from these various interests it must be by levying a special tax in this way. Now, let us see whether the laborer is more oppressed in this business than in any other. It deny it. I say that when you come to the manufacture of boots or shoes, or to the carpenter, or blacksmith, or tailor, we do not employ the same terms we do in this paragraph we do not so that he shall only be taxed if he employs ot era, but we say that if he manufactures goods or articles exceedin $1,000, even if he employ only his own family fiie shall be taxed. I must say that this attempt to get an exemption for mine rs strikes me as being uncalled for. These men are engaged in, perhaps, a business the most profitable in the country. We find all over the country that men are anxious to obtain investments inenterprises of this sort, and the wages paid to those empoyed are higher than hardly any other kind O business will allow.
Mr. KELLEY. A single suggestion. I am as anxious as the gentleman can be that the proprietors of mines shall be taxed. I want the same thing that he does.
Mr. MORRILL. I cannot yield to the Gentlomaii for a speech. He will have his chance hereafter. Now, I think that this will present itself to the House as a legitimate subject. for a special tax, and I a ree with my friendfrom. aine [Mr. BLAINE that if this tax is abandoned we ought to abandon many others. I trust we shall not abandon it. I Withdraw the amendment.
Mr. HOOPER, of Massachusetts. What is the effect if the employer employs the men and each is taxed as a manufacturer?
Mr. SCHENCK. We do not propose to tax the hands, but the man who enip oys them. What I speak of is the attempt to make a dilIerence in principle between the man who employs hands and works with them and the man who employs hands but does not work with them. In the western country most of our manufacturers, our shoe makers, carpenters, and black smiths work with the hands the employ. While we place no tax upon the la orer himself by the definition here we imposeit upon the man who invests ca ita alon with his labor.
Mr. HOTE KISS. move to amend this paragraph by adding to it the following: Nor to laborers actually working at mining in the employ of another.
The CHAIRMAN. That amendment is not in order at this time, not being germane to the pendin amendment.
Mr. OTCHKISS. I understand there Will be no objection to it. The C AIRMAN. Still it is not in order at this time. The pending question is upon the amendment of the Gentfrom Ohio, [Mr. Seaman]
Mr. HOOPER, of Massachusetts. I rise to oppose that amendment. I think the committee misunderstands the objection that is raised to this paragraph as it now stands. When it was introduced last car, it was expressly understood that it shouId not apply to the working miner, to the laborer who worked in the mine, but only to the proprietor of the mine and it wasthought then that sufficient provision had been made in the law to guard against any mise onstruction of it. hold here in my hand a petition from some 50 laboring miners, who state that the tax of, ten dollars is imposed upon them, because by the custom of mining coal it is usual fora miner to have with him a laborer, the miner beingfpaid so much a ton for the coal he raises. out of which he pays the laborer. The assessor claims that the miner employs others, and charges him with the tax oi) ten dollars. Now, if this paragraph shall be stricken out, and I may he allowedto go back to the par agraph imposing a tax upon manufacturers, I woud propose an amendment there which should include miners who are by this ara apli intended to be taxed. In no case is the Journeyman in any manufactory taxed. There may be cases where a man carrying on business alone pays tax as a manufacturer; but when he extends his business and employs others, those whom he employs are not required to pay tax as manufacturers. By no part of this bill except this section are work men required to pay the tax. After all, Mr. Chairman, the whole tax de rived from this Source is scarcely worth the time we have consumed in its discussion; for the total amount raised in this way throughout the country does not reach $4,000.
Mr. MORRILL. That has been in consequence of an imperfect administration of the law, and the returns, I think, of 1864, were only for part of the year. This year the tax will amount to much more. Mr. Chairman, for the purpose of terminating debate on this paragraph I movethat the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawes reported that the ComWhole on the state of the Union had had under consideration the Union generally, and articulaily the special order, being bill of the House No. 618, 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 amendatory thereof, and had come to no resolution thereon. REORGANIZATION OF THE ARMY.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS: Exse urivs MANSION, WASHINGTON, May 17, 1866. Sm: I have the honor to submit herewith a communication from the SecyWar, inclosing one from the lientenant General, relative to the necessity for legislation upon the subject of the Arm. AndrewJohnson. Hon. Seuuruen COLFAX, Speaker of the HoRep.
Mr. SCHENCK. I move that this message with the accompanying documents, be referre to the ComMilAffrs, and be ordered to be printed. The motion was agreed to.
Mr. HOOPER, of Massachusetts. I ask that the letter of GenlGrant be read.
Mr. THAYER. Mr. Speaker, I should like to move that this communication be referred to the ComMilAffrs, with instructions to report for the consideration of the House the military bill which passed the Senate, and which is now in the hands of that committee.
The SPEAKER. This communication has already been referred to that committee, on the motion of the Gentfrom Ohio, [Mr. scanners] It was afterward read by unanimous consent. The Gentfrom Pennsylvania [Mr. THAYER] can only attain his object by moving to reconsider the vote by which the communication was referred. If the motion to reconsider should prevail, the question would recur on the motion to refer, and then the motion to add instructions would be in order.
Mr. THAYER. I move, then, to reconsider the vote by which the communication was referred to the ComMilAffrs.
Mr. STEVENS. I move that the motion to reconsider be laid on the table. The motion of Mr. Srsvsys was agreed to ayes 72, noes not counted. So the motion to reconsider was laid on the table.
Skip Skip LEAVE OF ABSENCE. Mr. LAWRENCE, of Ohio, asked leave of absence for Mr. Dsmyo and Mr. HUBBELL, of Ohio, for one week. Leave was granted. CLOSE OF DEBATE.
Mr. MORRILL. I move that when the ComWhole on the state of the Union shall resume the consideration of House bill No. 513, all debate upon the pending par agraph and the amendments thereto terminate in 5 minutes. The motion was agreed to. TAX BILL Again.
Mr. MORRILL. I move that the rules be suspended, and that the House resolve itself into I 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 itself into the ComWhole on the state of the Union, (Mr. Dawns in the chain) and resumed the consideration of the special order, being a bill of the House (No. 518) to amend an not entitled “An act to provide internalrevenue to an port the Government, to pay interest on t9 public debt, and for other purposes, ” approved. une 30, 1864, and acts amendatory thereof.
The CHAIRMAN stated the pending question was on Mr. Sei isxcus amendment.
Mr. BLAINE. The Gentfrom Ohio, [Mr. Sun mom] consents to modify the amendment so it will read “whose receipts as such shall not exceed annually Sl,000. The amendment, as modified, was agreed to.
Mr. HOTCHKISS. I move to strike out t“he word “laborer” and to insert the word rson.” he amendment was adopted.
Mr. BIDWELL. I move to strike out it old." Mr. Chairman, mining for gold and silver is vei different from mining for other metals, and I think there should be a distinction between them. In one case, men can employ their capital with an almost certain prospect of being repaid, while those who engage in mining for silver and gold are differently situated. They have to go into wild and almost inaccessible mountain regions without any certainty of any return. You run ask why men will do this. It is almost inexp icable. It lies as deep as human nature itself. The poet tells us, “ Hope springs eternal in the human breast.” These men travel 40 miles a day and suffer all manner of hardships, and they not only lose all their time but very often all their money. 1 hope the amendment of the Gentfrom Pennsylvania will prevail. I withdraw my amendment. The question recurred on Mr. Srsvsivss amendment. The committee divided; and there were ayes 33, noes 40; no quorum votin".
The CHAIRMAN, under the mile, ordered tellers; and appointed Messrs. Bmwsm and Tmnrsn. The committee was again divided; and the tellers reported ayes 67, noes 38. So the amendment was agreed to.
The Clerk read as follows: 48. Express carriers shall pay ten dollars. Every serson. firm, or company engagedin the carrying or clivery of money, valuable papers, or any articles for pay, or doing an exress business whose gross receiptstherefromexcce the sumof 860operunnum, shall be regarded as an expresse arrier: Promd That but one special tax of ten dOllnrs shall be imposed upon anyone person.firm or company in respectto all the businessto bedone by such person. firm, or company on a continuous route and the payment of such tax shall cover all business dono upon such route by such person. firm or company anywherein the U.S., and such tax shall be required only from the principal in such business, and not from any subordinate.
Mr. ALLISON. I move in line 1399 to strike out “ $600” and to insert “ $2,000.” I do this for the purpose of protecting a class of honest, industrious poor people who are engaged in the business of teaming and draying. hey are compelled to take out a license of ten dollars when their receipts exceed $600. It compels every man who drives a team in the county or a dray in the town to take out a license. It in effect taxes labor. It seems to me to be strainin at a goat while we are swallowing a camel. The committee were willing that some larger sum should be inserted but could not agree on the particular sum. think $2,000 is as small as it should be.
Mr. MORRILL. I object to $2,000 as too large, but I will not object to making it $1,000. I move to amend the amendment by inserting $1,000 instead of
Mr. ALLISON. I rise to oppose the amendment. If the committee will turn to paragraph 45 they will see that builders and contractors are exempt to the extent of $2, 600. Now, these teamsters are compelled to pay out a considerable sum of money during a ear for the purpose of taking care of their orses, wagons, &c., so that $1,000 will be entirely too small a sum and then many of them, as my colleague suggests, are compelled to pay a local license. ow, it seems to me we ought to give this class of persons an exemption such as mechanics have, namely, $1,000 after paying their expenses. A man who employs simply one team will earn more than $1,000 a year, nearly 1/2 of which he will be compelled to pay out during the year. I think we ought to increase the exvemtion certainly to $1, 600, if not $2,000. he question being put on the amendment to the amendment, to strike out " $2,000” and insert “ $1,000, ”
Skip Skip no quorum voted. Tellers were ordered; and the Chairman appointed Messrs. Monuim and ALLISON. he committee divided; and the tellers reported ayes 60, noes not counted. of the amendment to the amendment was adopted. The amendment, as amended, was then adopted.
Mr. LAWRENCE, of Ohio. I move to nmepd by inserting after the word “carriers ” in the 1st line of paragraph 4eight, tie words “and agents, ” so at it shal read, “express carriers and agents shall pay ten dollars. Express agents now do not ay any license. This bill proposes to tax the ra man who hauls goods from express offices if his income exceeds $1,000 a year. It also taxes manufacturers of every description. It did propose to tax miners also. Now, these express companies derive an immense reve nue from their business. It is a very profit able business, and I know of no reason why their numerous aflents and collectors all over the country should not pay a license or tax as well as the draymen who haul goods for the agency or as artisans or manufacturers in their several occupations. I hope the amendment will prevail. The amendment was agreed to.
Mr. WILSON, of Iowa. I move to amend by strikfiig out the words “ or any articles” in line 1397. I offer this for the purpose of confining this provision to express carriers and express agents doing an express business, and leaving out entirely draymen and teamsters. I think this tax should only be levied on those doing an express business either as express companies or as agents of express companies. Ihese draymen and teainsters are quite as worthy of our favor as those who have been exempted by the striking out of the 47th section.
Mr. MORRILL. I hope the amendment will not prevail, and for the reason that I indul e the hope that on the 2ndsoberthoughtthe House will reinstate paragraph 47 when the bill comes before the House; and for the further reason that the proposition of the Gentfrom Iowa will e and to include, as I think, more than he intends. There are express agents who do a large amount of business in carrying packages containing articles of merchandise and who rarely carry anything else, and to exempt these would be entirely wrong. It would diminish the receipts so that there would be but very few companies in the whole country that would be liable to any tax at all. If we confine express companies to what they receive from carr in money and valuable papers we should erive scarcely any revenue at a
The CHAIRMAN. Debate is exhausted on the amendment. Mr. WILSON of Iowa. I move to amend the amendment by striking out the word “ article, ” for the purpose of replying to the Gentfrom Vermont. The gentleman says if my amendment should prevail only those who are engaged in carrying or delivering money or valuable papers would be required to pay a special tax by this section. Now, if the gentleman had read the section he would have found that all the persons to whom he alludes would be brought within the provision of the section by the terms “ or doing an express business. That is a complete answer to his argument in opposition to the amendment. It will include al persons car?ing “ money or other valuable papers or oing an express business;” but it will relieve persons who are not enfaed in that business, namel, teamsters an raymen, from this specia tax and they certainly, I repeat, are as much entitled to reief as those embraced in the 47th paragraph, which the gentleman says he hopes on a sober 2nd thought the House will replace. It will be quite as easy to replace the language of this paragraph after the adoption of my amendment as to relace the fort7th paragraph. Mr. MORRILL. I desire to remind the committee that the constant effect of our action is to reduce the amount of revenue to be received under this bill. That is all I have to say.
Mr. WILSON, of Iowa. I withdraw the amendment to the amendment.
Skip Skip The question was taken on the amendment proposed by Mr. Wilson, of Iowa, and it was disagreed to iiyes 15; noes not counted.
Mr. ALLISON. I desire to add at the end of the aragraph another proviso, to which I think the Gentfrom Vermont [Mr. Moa BILL] will not object. It is as follows: Provdhd. That draymen and tonmsterswho drive their own drays or teams shall not be required to pay such tax. The amendment was disagreed to.
Mr. ALLISON. I propose to modify the amendment or to offer it in a new form, so as to read as follows: Provided further. That draymen and teamstors. who drive their own drays or teams, or emplo gathers to drive them, shall not be required to pay this tax. The amendment was disagreed to.
Mr. ALLISON. At the end of line 1408 I move to insert the following additional proviso: Providedfurther. That draymen or toamstersowning onedray or teamshall not be required topaysuch ex
Mr. MORRILL. I have no objection to that. The amendment was agreed to.
Mr. MORRILL. I offer the following amendment, to come in at the end of the paragraph just considered: That section80 be amcpded by striking out all after the enaotuig clauseandinserting in lieu thereof the following: Manufacturers of ground coffee and spices shall y 8100.Any person wh omanufacturesor prepares or use and sale by grindin or other process coffce. spices or mustard. 0; adu lerated coffce.spices or mustard or any article or compound intended for use in the adulteration of or asasubstituta for codes. spices or mustard shall be regardedas a grinder of eoffeeor spices under this act: Provided. That any person who shall roast collec shall be required to pug the s ccgal tux hereby imposed on grinders of co so an spices. The amendment was agreed to.
Mr. MORRILL. I omitted to make a verbal amendment. In lines 1417 and 1418 I move to strike out the words “ or estimated amount.” The amendment was agreed to.
Mr. MORRILL. In line 1423 I move to strike out the words “ or is liable to be increased.” The amendment was agreed to.
The Clerk read as follows: That section 80 be amendedby striking out all after the enactingclauseand inserting in lieu there of the followmg: that the special tax shall not be imposed keepers upon apa the carics.confectioners.butchers. o eating houses.hotels. inns or taVerns. Tobacco ulsls or retail dealers.oxoept retail dealers in spiritupus and malt liquors when their annual grpm receipts shall not exceed the sumof $1.000a.nthing in this act to the contrary notwithstanding: the amount, or estimated amount, of such annual receipts to be ascertainedor estimatedin such manner as the ComrIntRev shall prescribe and so of all other annual sales or receipts where the tax is graduatedby the amount of salesor receipts and where the amount of the to: has been increased or is liable to be increased by law above the amount paid by any person. firm or company, or has beenunderstatedor underestimated. such person, firm or company shall be again assessed and pay the amount of such increase: Provided. That when any person.before the passageof this act. has beenassessedfor a license. the amountthus assessed beingequal to t hetnx hereinimposedfor the business covered by such licerise. nospecial tax shall be ps se sseduntil the expiration of the period for which such license was assess. No amendment bein offered,
The Clerk read as follows: That section 81 be amended bystriking out all after the enacting clause and inserting in lieu thereof the following: that nothing contained in the prpeeding sectiops of this act shall be construed to imposean additional tax upon any person as a dealer for the sale of goods. wares. an mer chandise made or produced and sold by the manufacturer or producer at the manulaetoryor place where the same is made or produced and at the public othee or place ofbusiness, asPNVldOd in this act; nor i on any Vintners who sell wine of their own grow at the place where the same is nor upon a otheearies. as made: to wines or spirituous liquors which they use exclusivelg in the preparation or making up of medicines; norshall any provisions be pqnstruedto tax physicians for keepingon hand medicinessolely for t a purposeol making up their own prescriptions for their own patients; nor shall farmersbe taxed as manufacturerstor making butter or cheese or for any other farm products.
Mr. MORRILL. I move, in line 1441, to strike out the words business as provided in this act” and to insert in lieu thereof the follownig: Provided. That no goods wires or merchandise shall be kept for sale at such ofhcc. The amendment was agreed to.
Mr. MORRILL. I move to amend this par agraph by adding to it the following proviso: Provided. That the payment of any tax. by this act levied or provided, shall not be bold or construed to exempt any person carrying on any trade. business or profession herein s iecilied from any penalty or punishmentprovided y the laws of anybtnto for carrying on such trade. buSlllOfi, or profession within such State; nor in any manner to authorize the commencementor continuance of such trade, business or profession contrary to the laws of such State or in placesprohibited by municipal law; nor shall the pament of tax herein provided heheld or constru to prohibit or prevent any State from placing an duty or tax for tale or other purposes on anytr e.business.orprofessiontaxed bythis act.
Mr. SPALDING. I move to amend this par agraphbyinserting after the words “ for making butter or cheese" the words “ with milk from their own cows.” I move this amendment for the reason that in my section of country there are manufacturing establishments“ cheese factories” as the are called where the proprietors buy up arge quantities of milk and curd and manufacture large amounts of cheese; I think they ought to be taxed.
Mr. MORRILL. I see no objection to that amendment.
Mr. GARFIELD. I would ask my colleague [hln SPALDING] if he better not make his amendment to the next line, and insert after the words “ or for any other farm prod ucts” the words “of their own farms.” lr ill not that accomplish what the gentleman de sires?
Mr. SPALDING. Not The amendment of Mr. agreed to. Mr. VANHORN, of NewYork. I move to amend this paragraph by adding to it the following: Provided further, That no manufacturer who has paid one or more special taxes shall be required to pay any additional special tax for peddling the surplus goodsofhis own manufacture. I had intended to move this amendment the paragraph in relation to peddlers, and if the chairman of the ComWays&Means [Mr. Moumnn] will consent to turn back to that paragraph. so that I can move the amendment to it, I Will do so; otherwrso I will offer it here.
Mr. MORRILL. I have no objection to the amendment being offered and considered; but I shall oppose its adoption whenever and where uite. PALDING was then ever it maybe oliere
Mr. VA. HORN. of NewYork. Then I withdraw the amendment at this point, and move to amend the ar raph relating to ped (llers by adding to the following sentence Any person.exceptpersons peddling only newspapers magazines. BiblesI or religious tracts.who sells or offersto sell at retai, goods, wares, or other commfldlllfi, traveling from place to place, in the street, roergtahrrdoeudgh dillerent parts of the country, shall be a peddler under this act a proviso in the following words: Pronilled. That no manufacturerwho has paid one or more special taxes shall lic required to pay any additional special tax for peddling the surplus goods of his own manufacture. I believe that this is a very properamendment, and I hope the committee will adopt it. There are a great many small manufacturers in the country who pay one or perhaps more special taxes: and if they have a surplus of goods of their own manufacture they ought to e allowed to peddle it out without being required to ay any additional special tax.
Mr. MORRILL. I trust this amendment will not be adopted. We have provided a Uniform system for manufacturers, requiring that they shall have fixed places, and fixed places only, where theymay icep their goods;and an Office or place where they may sell them. If the committee shall adopt the proposed amendment of the Gentfrom NewYork [Mr. VANHons] on will render the whole subject indefinite. Vhat is the surplus manufacture 2 Anybody who chooses will be able to go about and eddle, and who can say whether what he ed lcs is or is not the surplus of his manu actiire? Then, again, the tax placed on the peddler is for a specific kind of business. A man who finds it profitable to go about the country and seek a market. for his goods can afford to pay a special tax. I hope the amendment will not be adopted. The amendment was not agreed to.
Mr. HOOPER, of Massachusetts. As we have concluded the portion of this bill relating to special taxes ask leave to go back to the paragraph in relation to manufactures, which is as follows: 31. Manufacturers shall pay tendollars. any person, firm, or corporation who shall manufacture by hand or machinery any goods, wnrcs, or merchandise not otherwise provided for, exccedjng annually the sumof $1,000o, rshall be engagedin themanu facture or preparation forsalo of any articlesorcompounds, or shall put up for sale in packageswith his own name or trademark the roon any articles or coin pguudg shall be regarded as a manufacturer under is act I desire to move, for the purpose of accomplishing the object I had in view in the para graph relating to miners, to insert after the words, “1000 dollars” the words “ or carr on the business of mining.”
The Clerk read as follows: That section 86 be amendedbystriking out all after the enacting clause; and inserting in lieu thereof the following: that any person, firm. company, or corporation manufacturing or producing goods.wares, and merchandise, sold or removed for oonsnmtion or use, upon which duties or taxes are impose by law, shall in their return of the value and quantity, render an account of the full nknouut ofactual sales madeby the manufacturer, producer, or agent thereof and shall statewhether any part, cahnadnidfisseo, what part, of said goods.wares, and mor has been consumed or used by the owner, owners, or agent or used for the production of another munufiwture or product, together with the market value of the someat the time of such use or consumption: whether such goods.wares, and mor chandisewereshippedfor a foreign port or consigned to auction or commission merchants. other than agents, for sale; and shall make a return according to the value at the place of shipment, when shippo for a foreign port, or according to the value at the place of manufactureor production when removed r useor consumption, or consignedto others than agents of the manufacturer or producer. The value and guantity of the goods, wares, and merchandise required to be statedas aforesaid shall be estimated the actual sales madeby the manufacturer, or by his her, or their agent, or personor personsacting in his. her, ort ir behalf and where such goods, swuomrspet.ioanndmore and ise have beenremovedfor conor for deliverytn others, or placed on ship nrd, or are no longerwithin the custodyorcontrol of the manufacturer or his ent, not bein in his hobory, store or warehouse, the value shall c estimated at the averageof the market value of the like goo wares and merchandiseat the time when the some one liable to tax.
Mr. MORRILL. I move to amend by strikingoutin line 1475 the words “ her or their, " and also bystriking out after the word “agent” in the same line the words “ or person or persons acting in his, her, or their behalf;” so that the clause will read thus: The value and guaniit of the goods, wares, and merchandise required to do stated as aforesaidshall beestimatedby the actual salesmade by themanu facturer, or by his agent. The amendment was agreed to.
Mr. MORRILL. I move to amend by inserting after the word “ or” in line 1502 the words “ to whom it is.” The amendment was agreed to.
Mr. MORRILL. I move further to amend by striking out the words “within the time?bovementioned, ” in line 1504. The amendment was agreed to.
Mr. MORRILL. I move also to amend by striking out in line 1507 the word “in, ” between the words “kept” and pee, ” “ and inserting in lieu Jhereof the word or.” The amendment was agreed to.
Mr. MORRILL. I move further to amend by striking out the words “used for, ” in line 1508, and inserting in lieu thereof the words “kept for use in." The amendment was agreed to.
Mr. MORRILL. I move to amend by strik i“ng out in line 1510 the word “ used, ” and inserting in lieu theicof the words kept for use.” The amendment was agreed to.
Mr. MORE ILL. I move to amend by striking out in line 1511 the word “ used, " and inserting in lieu thereof the words “kept for use.” The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out in lines 1515 and 1516the words “any persons, firms, companies, or corporations engaged in.” The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out " and, ” in line 1527, and inserting in lieu thereof the words “that he.” The amendment was agreed to.
Mr. MORRILL. I move to amend by strikin out “has, ” in line 1532, and inserting “have” in lieu thereof. The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out the woods “amount and, ” in line 1536. The amendment was agreed to.
Mr. MORRILL. I move further to amend by striking out “obtain and, ” in line 1540. The amendment was agreed to.
Mr. MORRILL. I move to amend by inserting after “collector, ” in line 1541, the words “who is hereby authorized and directed to issue the same.” The amendment was agreed to.
Mr. MORRILL. I move further to amend by striking out the following: and if any personor agent of any firm company, or corporation shall manufacture for so. c tobacco, snuil, or cigars of any description without 1st ob taininfi the certificate aforesaid and furnisliiu the bond orcin required, such personor agentsha. 1 be sultifectu, on conviction thereof, to a penalty of 3300, an. in dition thereto, shall be liable to imrison ment lora term not exceedingone your, at cretion of the court and inserting in lieu thereof the following: and any person, firm, or corporation manufac turing tobacco, snuff, or ci are of any description. without 1st furnishing the ond in the casesherein required, shall be subject to a fine of $00, and in addition thercto, upon conviction thereof, shall be liable to imprisonment for a termnot exceedingone your, at the discretion of the court. The amendment was agreed to.
The Clerk read as follows: That section 80 jeight be amended by out all after the enacting striking clause, and insert ng in lieu thereof the following: that it shall bethe duty of the asstassessorof eachdistrict to keep a record, in a book or books to be provided for the purpose.to be open to the inspection ofany person upon reasonable request, of the name of Mtg and every person, firm, company, or corporation who maybe engagodin the manufacture of tobacco, snuff, or cigars in his district, together with the place where such minutiaeturn is carriedon and place of residenceof the person or personsengaged therein: and the asst assessorshall enter in said record, under the name, of each manufacturer, an abstract of his monthly returns: and eachassessorshall keep a similar record for the entire district. No amendment being offered,
The Clerk read as follows: That section 89 be amended by striking out all afterthe enactingclause, an i inse rtm in lieu thereof the following: that in ii] casesw are to bacco, snuff, or cigars of any desorption are manufactured. in whole or in part, upon commission or shares, or where the material from which any such articles are made, or are to be made.is furnished by oneparty and manufacturedby another, or where the material is understand;furnished or sold byone party with an u or contract with another that the manufacture article is to be received in payment thercfor or any part thereof, the duty or tax imposed bylaw thereon, when paid by the manufacturer, may he collectedat the time, or at any time subsequently. of the party for whom the samewas madeor to whom the samewasdelivered.asaforesaid, or of the person or partywho madethesame, as the assessorshall doom bestfor the collection of the revenue and in caseof anyfraud or collusion bywlnch the Governmentshall bedefrauded or attemptedto bedefrauded by aparty who furnishes the material and by the in literof any of the articles aforesaid, such material an I manufactured articles shall be liable to forfeiture; and such articloashall be liable to beassessed the highest rates of tax or duty imposedbylaw upon any article belonging to its gradeor class.
Mr. ALLISON. I move to strike out all after the word “revenue” in line 1583 down to and including the word“ forfeiture” at the end of line and to insert in lieu thereof the following: and in case of any fraud on the part of either of said parties in respect to said manufacture or of any collusionon theirpart with intent to defraud therev ennc. such material and manufactured articles shall be liable to forfeiture. The amendment was agreed to.
Mr. ALLISON. I move to strike out after the word “suit” in line 1622 down to and includin the word Urevenue” in line 1637, that being a provision contained in on other section., The amendment was agreed to.
Mr. ALLISON. I move to insert before the word “provided” in line 1649, the following: and all the provisionsof law relating to manufacturers general. sofarns applicable toand not incon sistent crewit shall be held to apply to the manufacture of tobacco.snuff and cigars: lrovidrd. That the tax imposed upon the manufactureof tobacco. land and cigars shall be assessedon or beforethe time of removal from the place of manufacture and be payable at the time of such removal, unless removedto a bondedwarehonso. But nothing herein shall exoneratethe manufacturer of tobacco.sand and cigars from liability to tax in caseof sale before such removal. The amendment was agreed to.
Mr. ALLISON. It will now be necessary to insert the word “ further” after the word “ provided.” The amendment was agreed to.
Mr. THAYER. I move to add to the para graph the followmg: In any port of cptry within which is embracedmore than 2 collection districts the SecyTreasury is hereby authorizedto placeall the bonded warehousesin said port under the chargeof onocollect r of internalrevenueto be by him designated; and the collector so designated shall have entire chargeand control of all matters connected with said bondedwarehousesand the property storedtherein. I offer this to obviate what is represented to me to be a very great inconvenience to the business interests of that class of persons who have occasion to deposit goodsin those bonded lwarehouses. But, sir, instead of making a speech on the subject myself, I will ask the Clerk to read a communication which I hold in in hand signed by over 50 firms in the city of P iiladelpliia, setting forth the particular in convenience which this amendment is proposed to remedy.
Mr. THAYER. The committee will perceive that the amendment simply gives authority to the SecyTreasury to put these several bonded warehouses in a port of entry in the charge of a single officer, if, in his opinion, the public convenience requires it.
Mr. HOOPEI, of Massachusetts. tseems to me that that amendment would introduce a good deal of confusion into the Dept. here is. already, under the law, an officer desi noted in all ports of entry for the conduct of all business connected with the exportation of goods. That, it seems to me, covers this difficulty; and I think it would be decidedly objectionable to place all the warehouses under the control of p one collector., Mr. THAYER. Mr. Chairman, the object of this amendment is to remedy the very confusion to which the gentleman refers. In lar ports of entry, like Philadelphia or NewYuri“, Ahere is one of these bonded warehouses in each congressional district; and every consignee or owner of vessels, who has. perhaps, a cargo or consignment arriving every day, has to go about to these bonded warehouses; has to run for and near. corresponding with the area of these congressional districts, in order to transact his business, instead of going to one officer, as the gentleman intimates he may. The law requires him to go to the collector of internalrevenue for that district in order to transact his business; and in my city he is often obliged to o to 5 different of fices, situated many miles:1. art, in order to do business relating to n sing e transaction.
Mr. HOOPER, of Massachusetts. The business of a single transaction must surely be with a single collector.
Mr. THAYER. It is not. It is with 5 collectors. That is the difficulty. It is with the collector of internalrevenue for the particullar congressional district, and must be so by aw.
Mr. HOOPER, of Massachusetts. Why should he go to 5 collectors?
Mr. THAYER. Because he is obliged to go to the collector of the particular district in which the bonded warehouse is situated, and there is a bonded warehouse in every collection district in the city of Philadelphia.
Mr. HOOPER. of Massachusetts. I do not see the necessity of his going tomore than one.
Mr. THAYER. Perhaps the gentleman does not; but the law requires him to do it in point oflaw he is obliged to go to 5. Nlow, my amendment simply proposes to give the SecyTreasur discretionary authority to place these bon ed warehouses under the care of a single officer in such cases as in his opinion the public convenience may require, and that is all.
Mr. STEVENS. I would like to hear that amendment read again. I want to see how extensive it is. The amendment was again read.
Mr. STEVENS. Is that all I It does not affect my people and I have no objection to it. We have got only one collector. The amendment was agreed to.
Mr. STEVENS. I move to amend that paragraph by inserting in line 1692 after the word “boxes” the warps “or paper packages 5” so that it will rea: had all cigars manufactured after the passageof this act shall be packed in boxes or paper packages.
Mr. MORRILL. That is right. The amendment was agreed to.
Mr. MORRILL. In line 1698 I move to strike out “1/2 of” and to insert in lieu thereof “and;” and in lines 1699 and 1700 to strike out the words “to be paid to the informer, and the other moiety to the U.S.;” and to insert in lieu thereof the followin: “shall be distrib uted between the U.S and the in former, if there be any, as provided by lawf 80 that the same will read: Any manufactured tobacco. snuff and cigars. whether of domestic manufactureor imported.which shall be sold or pass out of the handsof the manufacturer or importer. except into a bonded ware house.without the inspection marks or stainps affixed by the inspector.unlessotherwise provided shall be forfeited and may be seized wherever found and shall be sold and the proceeds of such sulo shall be distributed between tio U.S and the in former. if there be any. as provided by law. 620. The amendment was agreed to.
Mr. GARFIELD: I move to amend by striking out the words “or hers, ” “or she.” “she or they, ” wherever they occur in this paragraph. The amendment was agreed to.
Mr. THAYER. I would ask the Gentfrom Ohio [Mix Gasman] if the word “asst ” should not be stricken out before the word “assessor.”
Mr. GARFIELD. The gentleman is right. I move that amendment. The amendment was agreed to.
Mr. THAYER. I move to amend hyinserting the words “wherein the same were manufactured ” after the words “shall make a return of the same, as inspected, to the assessor of the district.” The amendment was agreed to.
Mr. MORRILL. I move to amend, at the close of the paragraph, by striking out the following: and 1/2 of the proceeds shall be paid to the U.S. one 4th to the informer and the other 4th to the collector making the seizure and inserting in lieu thereof the following: and the proceedsof such sales shall bedistributed between the U.S. the informer. if there be any and the collector making the seizure. as provided by law. The amendment was agreed to.
Mr. MORRILL. I regret to be comelled to Opppse the proposition of the Gentfrom Pennsylvania, [Mr. STEVENS. I have no doubt there is some hardship caused by this provision; but I cannot conceive that it is anything like the hardship that the gentleman has represented. As I understand it, these parties are employed to make cigars by the thousand; and they have to keep an account with their employers to show what they have done, and what their wages amount to. The gentleman says that they must make these returns every night; but in point of fact they are not required to make the returns except once a month. Experience has taught us that without such a provision as this in the law we have no clue by which to reach the manufacturer and find out whether he makes a true or a fraudulent return. The Government was formerly defrauded to a large extent by collusion between the manufacturer and the iersons taking out tobacco to manufacture for ini. This provision has been found avery effectual one thus far in the practical operation of the law. It. has been found, I believe. to be asure preventive of collusion such as I have referre to. I trust that the amendment will not be adopted.
Skip Skip The question being taken on the amendment, it was declared not agreed to.
Mr. MORRILL. As there is evidently not u quorum present, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the House No. 618, to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon.
Skip Skip MESSAGE FROM THE SENATE. A messa e from the Senate, by Mr. WID mm.T. Medhiuw, its Chief Clerk. informed the House that the Senate had passed a JtResolution of the House 8NO. 103) to refer the etition of Benjamin Ho liday to the Court of KClaims, with an amendment, in which he was directed to request the concurrence of the House. The message further informed the House that the Senate had passed bills and a JtResolution of the fa lowing titles. in which the concurrence of the House was requested: An act (S. No.813) regulating the transportation of nitro glyceriue or glynoin oil; An act (S.No.316) to establish opost route from West Alburg. Vermont, to Champlain, in the State of NewYork, and for other purposes; and.JtResolution (S.R.No. 92) authorizing the appointment of examiners to examine a site for a fresh water basin for iron clad vessels of the U.S. Navy.
Mr. INGERSOLL moved that the House do now adjourn. The motion was agreed to; and thereupon (at half past 4oclock p. m.) the House udjourne.
@@@IN SENATE SENATE. Fawn, May 18, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. I The Journal of yesterday was read and approved.
Mr. CLARK. The ComClaims, to whom were referred 2 etitions of sundry voters in the State of Floria, praying forcompensation for property destroyed by the rebel authorities, have had that matter up or consideration and directed me to report that the prayer of the petitioners cannot be ranted. ask that it be disposed of at once. It is a very short matter. The report was concurred in.
Mr. WILLIAMS, from the ComClaims, to whom were referred resolutions of the Legislature of NewYork, in favor of the payment of claims of the militia of that State who served in the war of 1812, asked to be discharged from their further consideration; which was agreed to. 1
Mr. SPRAGUE, from the ComMilAffrs to whom was referred a memorial of the Soldiers and Sail ors Union of Washington, DistCol, praying for the passage of a law creating them a body politic and corporate asked to be disehared from its further consideration and that it e referred to the Committee on the" DistCol; which was agreed to.
Mr. WILSON, from the ComMilAffairs and the Militia, to whom was referred a JtResolution (H.R.No. 134) relative to appointments to the Military Academy of the U.S., reported it without amendment. He also, from the same committee, to whom the subject was referred, reported a JtResolution (S.R.No. 96) providing for the transfer of certain clerks to the office of the QuarterMGen; which was read and passed to a 2nd reading. He also, from the same committee, to whom was referred a JtResolution (S.R.No. 86; to provide for the publication of the officia History of the Rebellion, reported it without amendment, and submitted a report in writing; which was ordered to be printed.
Mr. CRAGIN, from the ComNavAffrs, to whom was referred a bill (H.R.No. 422) for the relief of Mrs. Ann E. Smoot, widow of Captain Joseph Smoot, reported it with an amendment.
Mr. NORTON, from the ComClaims, to whom was referred a bill (H.R.No. 354) for the relief of Edward P. McKin ney, of Binghamton, NewYork, late captain and asst commissar of subsistence, reported it without amendment. BILL ase ouiiiirun. On motion of
Mr. POMEROY, it was Ordered.That the bill (S.No.224)to aid in the construction of a southern branch of the Union Pacific railway and to secure to the Government the use of the sume for postal. military and other purposes.to other With the amendmentsthereto. be recommitte to the comPubLands. PRINTING OF A BILL. On motion of
Mr. POMEROY, it was Ordered.That the bill (S.No.169)grunting land! to make up deficiencies of former rants in aid of the completion of the Tomah and nke StCroix and the StCroix and Lake Superior railroads. in the State of Wisconsin. be printed and recommitted to the comPubLands. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles, and referred to the ComFinance: A bill (H.R.No. 597) to authorize the use in post othees of weights of the denomination of grammes; and AJtResolution (H.R.No. 140) to enable the SecyTreasury to furnish to each State one set of the standard weights and measures of the metric system. The JtResolution (H.R.No. 141) to authorize the President to appoint a special commissioner to facilitate the adoption of a uniform coinage between the U.S and foreign countries, was read twice by its title.
The PRESIDENT protemporc. The JtResolution will be referred to the ComFinance.
Mr. SUMNER. I think that last JtResolution should go to the ComForRel.
Mr. SHERMAN. These hills ought to go together to the same committee. They were all reported from a special committee of the House and ought to go together; they are kindred bills. The metric system that, I believe, is the name given to it is a system proposed to be adopted in regard to coinage and weights and measures.
Mr. SUMNER. I have no wish certainly to draw them to the committee with which I am associated; only it seemed to me from the title that perhaps the latter resolution belonged to that committee.
Mr. CONNESS. They are financial mess urcs.
Mr. SHERMAN. I think they had better go to the ComFinance.
The PRESIDENT protempore. The original reference to the ComFinance will stand, no objection being made.
Mr. SUMNER; afterward said: Several bills came from the HoRep this morning relating to the metric system. I thought at the time they should be referred to the ComForRel. Orie or 2 of them were referred without notice to the ComFinance. I understand from the Senfrom Ohio that the ComFinance, so far As they have considered the uesvtion, are not disposed to proceed with tiose bills, and the Senator himself has sug ested to me that a special. committee would c more appropriate. It will be remembered that there is a special committee on this subject in the other House. I have therefore thought it advisable to move the appointmewt of a special committee on this sulbject, to which these bills there are 3 already, and I think there is a 4th on your table should be referred. I move that a special committee of 5 be appointed by the Chair, to which all bills and measures relating to the metric system shall be referred.
Mr. HENDERSON. It seems to me that the ComFinance is the most appropriate committee for measures of this description. scarcely see the necessity of raising a special committee on the subject. It will, perhaps, more appropriately go to the ComFinance than to any other, unless there be some special reasons that I have not heard.
The PRESIDENT protent on. the question is on the motion of the Senfrom Massachusetts. The motion was agreed to. CIRCUIT COURT IN VIRGINIA.
The PRESIDENT profempore. A bill (H.R.No. 50;} amended by the Senate isreturned from the HoRep accompa nied by the following resolution: In run House or REPRESENTATIVES. May 16, 1366. Resolved, That the Housenon conenrin the amendment.of the Senateto the bill (H.R.No. 563)to reg ulate the time and fix the placefor holding the circuit court of the U.S. in the district of Virginia and for other purposes and ask aconterencewit the genate on the disagreeing votes of the 2 Houses ereon.
Mr. TRUMBULL. to move to recede from the Senate amendment and agree to the bill as passed by the House originally. If so, I. make the motion. The amendment which the House has disagreed to, I will state to the Senate, was striking out the latter part of the bill which gave to the judges of the court authority to appoint special terms and to adjourn the court from time to time. It was thought by the ComJudiciary thnt the laws already conferred thatpower, and hence we struck out that provision in the bill as it came from the House. The House has disagreed to it, and I move that the Senate recede from its amendment and then the bill will be passed. The motion was agreed to. IRAXSMISSlON OF SOLDIERS, MEDALS.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. D?) to authorize certain medals to be distributed to veteran soldiers free of ltIro. stafie. S perman. Perhaps the Senate are willing to pass the resolution now. The State of Ohio gave medalsto veteran soldiers, and the Legislature adjourned at the last session without making an appropriation for their distribution. They are now on hand for distribution, and this simply provides that they maybe sent through the postoffice free. of postage. If any Senator desires a reference I have no objection to its bei referred; but if not, as the medals are there, should like to have it passed so that it may go to the other House.
Mr. WADE. Letit be passed at once; there can be no objection to it. The JtResolution was read at length. It proposes to authorize the adjntant general of the State of Ohio to distribute through the mails free of postage to veteran soldiers enlisted in Ohio certain medals furnished by the General Assembly of that State, and to provide that in such case the envelope inclosing the medals shall be frnnked in the mode prescribed by the PostMGenl. The JtResolution was read 3 times and passed. BRIDGE AT WINE NA.
Mr. NORTON. Imove to take 11 Senate bill No. 263, which was laid aside teother day on the motion of the Senfrom Wisconsin, [Mr. DOOLITH.E.] The motion was agreed to; and the Senate, as in ComWhole. resumed the consideration of the bill (S.No.263) to author I believe it is in order authorize the Wine na and StPeters Railroad ComI pauy to construct a bridge across the Missis sippi river, and to establish a post route.
The PRESIDENT protempm c. The question is, Will the Senate concur in the amendments made as in ComWhole?
Mr. NORTON. I will state to the Senfrom Wisconsin [Mr. Hows] that the amendments that have been adopted were the amendments proposed by the ComPostOffices.
Mr. HOWE. There is one of those amendments that I thought there was a question about. I wish to call attention to the amendment to the 1st section. Is not that a new principle?
Mr. RAMSEY. It is embraced in all the other bills that have been reported here by the postoffice Committee. It is to avoid a difliculty that occurred in the litigation in regard to the RockIsland bridge. I believe the proceedings were 1st had in the district court of the U.S. for the State of Iowa; and I think it was there held that they had jurisdiction but to the thread of the stream, and hence had not jurisdiction of the whole matter of the bridge. This is to give that jurisdiction to the courts.
Mr. RAMSEY. The amendment was suggested by those who have in charge the interests of navigation at StLouis.
The PRESIDENT prolempore. The Chair will put the question on concurring in the amendments collectively, unless a division of them be asked. The amendments were concurred in.
Mr. HOWE. I move to amend the 1st section of the bill by inserting after the word “Wise onsin” in the 9th line, the words “or between LaCrosse, in the State of Wisconsin, and the Opposite bank of said river in the State of Minnesota, as may be agreed by the Legislatures of Minnesota and Vise onsin;” so that the section will read: That the Wine na and StPeters Railroad company. a corporation existing under and by virtue of thelnws of the State of Minnesota, be and the same is hereby.authorized and empoweredto erect.maintain. use, and operatea brides across the Mi sissippi river, between the city of Wine na, in the State of Minnesota and the opposite bank of said river. in the State of Wisconsin or betwaenLa Crosse.in the State of Wisconsin and the opposite bank of said river, in the state of minnesota. usinn be agreedby the Legislatures of Minnesota and Wisconsin, subject to the conditions and limitations hereinafter provided.
Mr. HOWE. It seems to me the Senate will not refuse to agree to this amendment. There is a very large interest in the State of Wise onsinand in the State of Minnesota which is opposed to the bridging of this great natural highway at all; but it is very generally conceded that the interests of commerce tending between the East and the West do require bridges at certainpoints; and this necessity has been recognized in 2 or more instances 1) the Senate of the U.S. But I thin every Senator will agree that there is no commercial interest that requires a bridge, which is a sort of highway, to be constructed across that river except at oints where the river is touched by railroads th from the West and from the East. Where there is a mere ferry across the river now, connecting 2 common roads, there can be no commerce over such a point of sufficient importance to warrant the building of a bridge; but where railroads, which are great highways, ministering to great commercial wants, touch the river on each bank there may be ajnst claim set up for furnishing a bridge connecting those 2 great artificial highways. his bill prouses the bridging of the river at a point calle Wine na, in the State of minnesota. There is a railroad touching the river at that point from the West, but there is no railroad in existence touching it from the East. It connects with no road on this side. It is alleged that if this bridge be authorized, a road will be built from the point opposite Wine na, on the Wisconsin side, to connect with the roads east; but at LaCrosse, which is about 30 miles below Wine na, on the same river, there is a road touchin the river from both sides.
Mr. NORTON. Will the Senator allow me, just here, to say that neither of the railroad companies touching at La. Crosse, neither the Minnesota company nor the Wisconsin company, is now asing for the privilege of build in a bridge there.
Mr. HOWE. No, Mr. President; neither of them is here asking for a bridge at this time.
Mr. NORTON. Nor are they asking it of the States.
Mr. RAMSEY. I understand my colleague is willing to accept this bill with an amendment making it subject to the assent of the State of Wisconsin.
Mr. NORTON. Certainly; I have no objection to that. I do not understand the Senfrom Wisconsin as urging that, but that it should be left to the States to choose between these 2 points. If the Senfrom Wisconsin will propose an amendment requiring this company to obtain the assent of the Legislature of Vis consin to the construction ot this bridge at Wine na I shall not object to it; butI do object to his leaving it in the alternative, for the legislature to select one of these 2 points. If the Senator will propose an amendment to authorize the construction of both these bridges I have no objection to its being put on this bill, or I will favor a bill providing for the construction of a bridge at LaCrosse.
Mr. NORTON. I will inquire of the senator if he is informed that the Legislature of Wisconsin acted upon the proposition and refused to adopt it.
Mr. HOWE. No, sir. I am not informed that they rejected any such bill, but I am in goilmed that they refused to assent to any such 1.
Mr. NORTON. Did they act upon the bill at all? Did they consider it?
Mr. HOWE. I understand they did consider. it through the whole winter. I understand there was an active lobby there.
Mr. NORTON. 1f" the Senator will allow me, I think he will find that he is mistaken. His information is as to an amendment of the charter of the LaCrosse, Trempealeau, and Prese ott Railroad Company. An amendment to that charter was the matter which was protracted there, but this subject was not acted u on. I)Mr. HOWE. I make no affidavits here. I only state what is reported to me. I understand there was a lobby in attendance upon the Legislature during most of the session urging this proect.
Mr. NORTON. Not upon this. subject; it was upon the other.
Mr. HOWE. So I am informed. The senator may be more correct than myself. The fact is there is no denial of that that Wisconsin has not assented to the building of this bridge.
Mr. HOWE. The Senator says that he is perfectly willing that a bridge shall be built at a Crosse, if they can have a bridge at Wine na. That would put the commerce, up and down the river, to the necessity of encountering 2 bridges within 30 miles of each other.
Mr. HOWE. My friend says it is 40. I will not say that it is not 40 miles by the course of the river, but, as I find by the map, Wine na is just about 2 townships due north of the latitude of LaCrosse.
Mr. HOWE. But LaCrosse is about townships further east than Wine na; so that if a road were built alon the west bank of the river, from Wine na. togLa Crosse, it would make a southin of 2 townships, or 12 miles. It would make an castinfl, it would get on its way to the East, about diree townships, and when it gets to LaCrosse it is in connection with the railroad already striking the river at that point. Now, I am informed I do not seek to enforce the truth of this upon the Senate, because it is not a question that I think the Senate has any particular interest in considering that the bridge, supposing there is to be but one, would better accommodate the State of Minnesota not the city of Wine na
Mr. NonTON. That we will judge of] butthe State of Minnesota. better at LaCrosse than at “ine na. Why? Because all the commerce from every part of the State could strike the river at LaCrosse, without going more than 12 miles south of Wine na, and is all the time going cast; but if the bridge be built at Wine na, it is away north Of some of the finest agricultural districts in Minnesota. This is what I am told; but, as my friend says, that is for Minnesota to consider, and not for me. I only ask that you will allow Minnesota to consider it, to consider it not for herself alone, but in conjunction with the State of Wisconsin; allow the 2 States to consider it, and let them determine. The Senator says that that will defeat the bridging of the river at all. Why? Because the 2 States will not ree. Then will you impose upon either of teStates the burden of having a bridgo built within its borders where it does not want it? I do not ask you to impose the burden upon Minnesota in ref erence to LaCrosse. Vhy should they ask you to impose it upon Wisconsin in reference to Wine na?
The PRESIDENTprotem ore. The morning hour having expired, it becomes the duty of the Chair to call up the special order. By an order of the Senate, today, at one Oclock, is fixed for the consideration of bills reported by the ComPensions.
Mr. NORTON. I hope we shall be allowed toget avote on this bill. If this company are to be allowed to construct this bridge, it is very important that they should know it at once, so that they may enter upon its construction this summer; and if that privilege is not to be allowed them, we would like to know it.
The PRESIDENT protempore. the special order can be laid aside only by unanimous consent, without a motion. PENSION LAWS.
Mr. LANE, of Indiana. I move that the Senate proceed to the consideration of House bill No. 863, supplementary to the several acts relating to pensions, this day having been specially set apart for the consideration of bills and reports from the Pension Committee. The PRESIDENT protempore. The bill is before the Senate under the order. The Senate, as in ComWhole, resumed the consideration of the bill, the pending estion bein on the amendment proposed y Mr. VANWINKLE to add asan additional section the following: 850. Abife: That the 14th secion of an act entitled"Anact supplement ary to an not entitled An act to grant pensions. approved July 14, 1862, ”approved July4.1864, be. an the someis hereby, repealed and that the widows and children of colored soldiers and sailors who bpve beenor may be hereafter kiiled or who have died or may heroafterdicof wonndsreceivedin bat tle or of diseasecontractedin the military or naval service of the U.S., and in the line of duty shall be entitled to receive the pensions provided by law, Without other evidence of marrio O than proo, satisfactory to the COHIUHSSIOHOI of Pensions, that the parties had habitually recognized each other as man and wife, and lived togetherassuch for a definite peg iod.not lessthan 2 gears n ext precedin the enlistment of the man; an thoehildren bom o a marriageso proved shall be deemedand taken to of the children of the soldieror sailor art there to: Provided, however, That if anyone so dio ror sailor, and the woman allegedtobe is widow, resuled greviopsly to the enlistment of the former in any tastein which the marriage between them might have beonlcvally solemniled, the usual ovulciico of marriage she be required.
Mr. GRIMES. Iwill inquire of the Senfrom WestVirginia ifhe supposes it is absolutely necessary that the last clause of the proviso to thisamendmentshallberetained, which requires that if they shall have cohabited together during the last 2 years preceding the period of enlistment, that shall not be evidence alone, but that the soldier or widow shall produce record evidence of the fact of marriage. It seems to me it is very possible, altogether probable, that although in some of the States they may have been authorized to be married by the laws of the State, yet that that law has not been complied with, and the marriage has not been solemnized, the public sentiment being in opposition to any such thing. Now, if we are going to allow and I think the committee is right in that the fact of cohabitation for 2 years to be sufficient evidence, why not permit it to be so in all?
Mr. GRIMES. I am not goingto propose any amendment; I wanted merely to cal the attention of the committee and of the Senate to the points that occurred to me, and another one I will suggest. The amendment proposed by the ComPensions provides that the widow or heirs of a colored soldier who had cohabited with his wife 2 cars preceding the enlistment shall be entitle to a pension. We all know that these colored people were not enlisted until the lapse of 2 years after the commencement of the rebellion, and in many instances not till after the lapse of 3 years. During those 3 years they had left their former masters, and had left their wives with them in many instances, had come North or had come to the DistCol, run ning away and leaving behind them their families, not cohabiting with their wives. Under the law as it is proposed to be enacted, would not the wives of those persons be excluded from deriving a pension, and is it the design of the committee to thus exclude them?
Mr. VANWINKLE. I did not, when I replied to the gentleman before, advert to the fact that striking this proviso from my amendment would in fact strike it out from the old law. I began by remarking that if this was stricken out the other should be stricken out. I have no objection to striking out the proviso entirely.
Mr. GRIMES. I am not proposing any amendment; I am not familiar enough with the subject to undertake to do that. I am only calling the attention of the Senator and his associates to these points, so that they may be guarded against.
Mr. VANWINKLE. I will make no objection to strikin out that proviso. Iwill accept it as an amendment to my amendment, ifI am at liberty to do so.
The PRESIDENT protempore. ator can modify his amendment.
Mr. VANWINKLE. I strike out the proviso .
Mr. JOHNSON. How does it read as modified? The Secretary road it, as follows: SEC. Ami Abife:, That the 14th sectionof an act eutitled “An act supplement ary to on not entitled An act to rant pensions, approved July H. 1862, "approved nly 4. 1864be, and the some is hereby, repealed and that the with own and children of colored soldiers and sailols who have beenor m be hereafterkilled, or who have died or may her caller die of wounds received in battle, or of disease contracted in the military or naval service of the U.S and in the line of duty, shall be entitled to receive the pensions provided by law, without other ovidence of hnarrinzc than proo.satis factory to the ComrPension, that the parties had habitually recognized each other as man and wife, and lived together as such for a definite period. Not loss than 2 years n ext preceding the enlistment of the man: and the children born of nny marriage so proved shall be deemed and taken to be the children of the soldier or sailor party thereto.
Mr. LANE, of Kansas. I desire the attention of the chairman of the committee. That will really not accomplish his object at all. It is “two years next preceding the enlistment.” I am sure that a large preportion of the men of the colored regiments that I organized had been separated from their wives for 2 years before the enlistment. They had fled from Missouriand Arkansas into Kansas, and there enlisted, leaving their wives in Missouriand Arkansas. Now, I suggest that in the phrase “two years next preceding the enlistment of the man” the words “next preceding the enlistment” be stricken out, so that proofof 2 years colahitation, without reference to the The sentime of the enlistment, will draw the pension. I speak of itin reference to the regiments I organized and it holds good of the regiments organized in the DistCol and in the free States, everywhere; the soldiers, the men, fled from their families and enlisted, leaving their familiesin servitude. I move to amend the amendment by striking out the words “next preceding the enlistment of the man, ” so as to read: That the parties had habitually recognized each other as manand wife and lived togetherassuchfor a definite period. not lessthan 2 years.
Mr. JOHNSON. In many of these cases in point, they not being conscious of any impropriety or immorality in it, they had a good many wives, and if the proof of marriage is made to depend upon the fact of cohabitation, if they should die there might be halfa dozen wives claiming pensions. It is more especially true of those who were driven away from their homes, some of them one, 2, or 3 years before the rebellion. I venture to say that in all such cases (if they contracted marriage in that form) they contracted matrimony where they went, and if the last marriage contracted in that way is to exclude the former great in justice might be done to the former wife. In some of the States they were permitted to marry, and I dare say in very many instances the wives that they left were wives that become such by a legal contract of marriage; that is, a contract made in pursuance of law. The Supreme Court have decided that it is not necessary that there should be any ecclesias tical ceremony about it; that all that is needed is an agreement to marry followed by cohab itation. That is marriage. But that would not be the case where the laws prohibited their marriage, as was the case in some of the States. 7
Mr. LANE, of Kansas. Could we not reach the object by fixing some date, say the 4th of July, 1861, and require proof of cohabitation for 2 years previous to that? I am indebted to the Senfrom Iowa for this suggestion. I think the pension should go to the wife who was such at the time the rebellion commenced.
Mr. POMEROY. I submit that the widows of those who have taken wives since the rebellion commenced have just as good claims as the widows of those who had wives before.
Mr. LANE, of Indiana. This matter was up at the last session of Congress, and was finally arranged by a committee of conference. I believe there were 3 committees of conference before an agreement was arrived at and the words nowin the statute were proposed by Senator Foot, of Vermont, after the most careful consideration, as furnishing the best rule which wecould possibly agree upon, and that was 2 years cohabitation preceding the enlistment. I believe that rule embraces more meritorious cases than any other, and I think it is the safest rule. lf we say that roof shall be required of 2 years cohabitation before the rebellion commenced it will not provide for many cases where colored soldiers, who had no wives before the rebellion, married after the commencement of the rebellion. I think the words used by Senator Foot were best, and they are the words of this amendment.
Mr. JOHNSON. What is to become of the wives of those who married after enlistment?
Mr. LANE, of Indiana. They are not pro vided for here.
Mr. LANE, of Indiana. They are provided for, I suppose, under the general provision relative to those residin in States where marriages were legalized. F the man is living he cts the pension himself: but if he is dead, his mine r children and widow get the pension, upon roof of marriage, where they lived in a State in which marriage among colored people was legalized.
Mr. LANE, of Kansas. Iam confident the chairman of the committee would not express that opinion with the knowledge that I have; for I assure him that 2/3rds of the meni bers of the regiments I organized had been separated from their wives for more than 2 years had, in fact, been driven away from their homes.
M. LANE, of Indiana. That does not affect the question of cohabitation, unless they have adopted another wife since. Temporary ab sence, for any time, however long, would not affect the question of cohabitation, it seems to me, but the wife would still be the wife. Eve if the husband were away for 5 years, proo of cohabitation having been made, that relation would be presumed to continue, unless there was a divorce.
Mr. GUTHRIE. AsIunderstand this amendment it does not say which wife is to have the pension. Now, as a matter of fact, we who live in communities where there are many negroes know that very ofteh they have 2 or 3 wives, and we also know that a great many of them having wives have left home and taken other wives afterwards. There is nothing in this amendment to designate, in such cases, which wife shall have the pension.
Mr. GltlMES. It seems to me that it will be well to put in some definite time, say the 4th of July, 1861, at the place where the Senfrom Kansas proposes to strike out these words. The chairman of the ComPensions says that in that case a great deal of trouble might be occasioned, because a nod many soldiers have married wives since then . That may be true; but in all such cases there can be record evidence of the marriage produced. We are only intending, now, to cover the cases of parties who were not authorized to be married and could not be married under the laws of the States where they lived prior to the rebellion. If we provide here “that proof of cohabitation for 2 years prior to the 4th of July, 1861, shall be required, then it seems to me we obviate the objection made by the Senfrom Maryland and the Senfrom Kentucky as to which wife we pay, if there he more than one, and we avoid all the troubles which are involved in that suggestion.
Mr. VANwINKLE. Of course it will be seen by every Senator that the subject itself is one of difficulty, and what seems to be necessary in the case is to establish some reasonable rule by which the ComrPension may be directed. It strikes me that the section which I propose by way of amendment, and the language of the amendment as I have modified it, provides as good a rule as can be established. If you say “ previous to the rebellion, ” or previous to any date in the past you leave the interval between that date an the enlistment of the soldier when he may have gone off, and almost criminally abandoned, so tar as humanity is concerned, his wife and children. I do not know that an cases of difficulty have arisen under this particular part of the existing law as yet, but if there have, or if an such shall hereafter arise, and the rule worksard in any particular case, it will be competent for Congress to give special relief. If those cases seem to be numerous, or sufficiently numerous to justify it, no doubt then some amendment will be introduced into the pension laws. on the strength of the experience thus gained, which will meet the cases. The best reflection I am able to give the subject is that the rule as it stands in the amendment I offer is the meet reasonable we can adopt under the peculiar circumstances presented to us.
Mr. DAVIS. I would suggest to the honor able Gentfrom WestVirginia that probably this language would answer: “that the 1st living wife 5 ould have the benefit of the pension.
Mr. VANWINKLE. I think it would hardly be safe to admit the fact that there is more than one wife in these cases.
Mr. DAVIS. We know there are with negroes. They sometimes have 3 or 4 at the same time, and they change them very rapidly sometimes, too. I think that the woman who is the 1st wife of the negro is the recipient of this beauty. He may chanpgreoiieris wife half a dozen times, as many of them do; still I think the 1st wife ought to receive the pension, and I think the gentleman ought to adppt a rule to give it to the 1st wife.
Mr. LANE, of Indiana. Perhaps the wives changed their husbands as often as husbands changed the wives. [Laughter]
Mr. DAVIS. That would not change the rule in relation to the nsiou, t.hat is to be given to the widows of eceased soldiers.
Mr. VANWINKLE. I will say, in reply to the Senfrom Kentucky, that if there are 2 women claimin to be, the wife of the soldier the matter will have to be adjudged of by the ComrPension; and if any questions or ditheulties arise in relation to this matter the ComrPension must settle them, if the law will permit him to settle them. If not, and there is no case for relief, it will commas we have dail cases comin here, for the special action of congress. As have suggested. a year or twos experience will determine whether this law as it stands is proper. If not, the very experience got at the Pension Othee will enable us to introduce a suitable amendment. I retain the impression that the provision as it stands in the old section and in the amendment is better suited to the case than any that has been suggested.
Mr. HENDERSON. I hope nochan ewill be made in the provisions of this amendment. It is precisely the law of July 4, 1864. It makes no change in that law on this subject and l have heard no com.ilaint in our State, where we had a large number of negro troops. in regard to that law. If the change suggested by the Senfrom Vermont be made, in all probabilitya different construction will begiven to the provision by the 2nd Auditor from that which he has given to the present law of 1864, and much confusion would inevitably result from the change. I have heard no complaint whatever in our State in regard to the aw, and I should regret very much to see a change made. I think it is much better, now that we have become accustomed to the proof I, therefore, necessary under the act of 1864, that it should remain a it is.
Mr. HENDERSON. The provision to which I allude is contained in the 14thsection of the act of July 4, 1864, to be found on page 401 of the Acts of 1863 64, in these words: "That the widows and children of colored soldiers who have bee or who may be hereafter killed, or who have diet or may hereafter die of wounds received in battle, or who have died or may hereafter die of disease contracted in the military serviceof the U.S., and in the line of duty shall be entitled to receive the casine snow provided bylaw without other proof O marriage than that the parties had habitually recognizedeachother asman and wife, and lived together as such for a definite period next preceding the soldiers enlistmentnot lessthan 2 years. to be shown by the affidavits of credible witnesses." I have not found any complaint in regard to this provision requiring proof of cohabitation for 2 years next preceding the time of enlistment, and we had a large numbenof negroes in the service from our State. The only complaint I have heard in that State is that there is no not enabling bounty and back pay to be drawn upon the same terms. The 2nd Au ditor here requires the best proof of marriage in order to enable the payment of back pay and bounty, because he says, and perhaps correctly, that the change of the law in regard to pensions allowing proof of cohabitation to be received without a certificate of marriage does not authorize him to change it in regard to bounty and back pay.
Mr. VANwINKLE. Allow me tosuggest to the Senator that the Senate has aheady passed a bill introduced by the Senfrom.Inssachusetts [Mr. Wilson] on the subject of bounty and back pay, and that is what drew my attention to the subject in relation to pensions. I furnished to him the amendment which I had drawn, at his request, and he said he would take it to the committee of the House. I presume, therefore, the matter of bounty and back pay is under consideration in the other House.
The PRESIDING OFFICER, (Mr. Ponnnor in the Chair.) The question is on the amendment of the Senfrom Kansas [Mr. LANE] to the amendment of the Senfrom WestVirginia, [Mr. VANWiiVi] The amendment to the amendment was rejected.
The PRESIDING OFFICER. The question islon the amendment of the Senfrom WestVirginia. l
Mr. HENDERSON. I hope the Senator who has charge of this bill will not object to include in this provision claims for bounty and back pay. I move to amend the amendment by inserting after the word “pension” in the 11thline the words “bounty and back pay.
Mr. VANWINKLE. I must object to the introduction of those words, not because it is not very properthat bounty and back pay should be awarded on the some proof as pensions, but because it is introducing matter foreign to the subject of pensions. [here are a series of laws in reference to bounty and back pay, and another series of laws in reference to pensions. Our laws are certaiiil confused enough without voluntarily introducing any more confusion into them. Another reason for objecting to this amendment is the fact, to which I have already adverted, that the Senfrom Massachusetts, who is not.now present, did propose an amendment to a military bill, where it was appropriate and pertinent, in reference to this very subject of bounties and back pay; and that amendment was adopted by the Senate and sent to the HoRep. I have already stated that it was that action which called my attention to the necessity of something similar in reference to pensions. I stated, however, to that Senator an objection I had to that amendment as it was passed. I did not see it until after it had been passed by the Senate; I was not present at the moment of its pass c. He requested me to give him a copy of what I had prepared in relation to pensions, and said he would take it to the committee of the other House and have it inserted there, in relation to boonties and back pay. As the matter has been brought to the consideration of Congress, and will probably be provided for, though in some slightly different form, in a bill yet pending in the other House, I think we should not attempt to insert it iere.
Mr. VANV INKLE. lpam reluctant to make objection to a matter of this kind, which really would not hurt the bill that I have charge of, except so far as it is introducing a matter foreign to it. The objection may seem captions; but that is not my purpose. I think the gentleman is mistaken in saying there is no provision now on the subject, because I recollect distinctly that during the 1st session I was here, in 1863 64, an amendment was offered by the Senfrom Massachusetts, [Mr. Winsox] and it appeared to me not to meet the case. I then went to him in his seat and suggested to him the fact that something in the nature of a marriage took place between these people, and he modified his amendment, and presume it passed, although I cannot find it here on the moment. V
Mr. VANWINKLE. He again offered at this session an amendment to a military bill intended to cover it. He intrbduced into it some provisions which I thought would tend to prevent his object being accomplished, and I took to him this language of Senator Foot in the amendment of the pension hill oflast year, and also a paperI had drawn u for a modification of it in reference to pensions. He had Bnerprovision in his amendment, I know, that I thought would tend to defeat his object It never almost entirely. Now that matter is under consideration by another committee. We passed that here, and they may erliaps today 1355it in the other House, and ) then we shall have 2 rules on the object. I think it is better not to introduce these words here, because they are under consideration in a bill that has passed this body and gone to the other House, and which, if they amend it, must come back here; and if that amendment of the Senfrom Massachusetts prevails, it is for the very purpose for which the gentleman wishes to introduce this amendment. I think the House will certainly strike out what I thought were objectionable words in that provision as it passed here. Iwill say that proof was required that something in the nature of a marriage ceremony had taken place. I suggested to the Senfrom Massachusetts that that was a thing which took place, when it did occur. in the presence of very few persons, and it might be very difficult of proo in that way; but as these persons had become scattered and were living together, the fact was a matter of public notoriety and could be easily proved. I would not be ca tious, and ifitwas merely on account of the 1st objection I made, that this amendment makes the bill incongruous, I should not insist on the objection. But I think the gentlemans object can be accomplished in another way, and we may as well be relieved from it on this pension bill. The amendment to the amendment was agreed to.
Mr. EDMUNDS. Alittle while ago I suggested that I should offer a particular amendment which was named. On consultation with the members of the Pension Committee, I am disposed not to offer the amendment which I spoke of; butI do propose to amend the amendment of the Senfrom WestVirginia in the 8th and 9th lines by striking out the words “in battle.” That part of the section now confines the right to pensions to the widows and children of those who have died or who may hereafter die of wounds received in battle or of disease contracted, dzc. The term “ bat tle, ” in my opinion is not broad enough to cover many cases of death and of injury which are really receivedin the military service; and if the words he stricken out, then it will authorizeensions wherever they met their death in the ine of their duty in the service of the U.S.
Mr. VANWINKLE. I accept that amendment. The language which the gentleman proposes to correct is the language of the orimal section, but the whole series of pension laws are as his amendment would make it. I therefore accept the amendment.
The PRESIDING OFFICER. The modification will be mude. The question is now on the amendment as amended. The amendment, as amended, was agreed to.
Mr. VANWINKLE. I offer, on behalf of the ComPensions, another amendment to the bill, to be inserted as a new section after section 3: and be“ Abife: That every pledge, mort gage, salo, asmgument or transfer of anyright.elaim, or interest in an; way granted or arising by or under the laws of the U.S. relating to 1 nsions, shall bevoid and of no effect; and no sum O money due or to becomedue to any pensioner under the laws aforesaid shall be liable to attachment.levy, or seizure by or under any legal or equitable process whatever, whcllier the same remains with the Pension offiec or any officer or agent thereof, or is in course of transmission to the pensioner entitled thereto, but shall inure wholly to the benefitof such pensioner. I will state to the Senate that this matter was brought to the attention of the committee by a letter from a gentleman holding a high position in one of the eastern cities who stated that money on its way to a plensionenhad been attached in transitu, and temunicipal court of that city had upheld it. I was under the impression that the laws forbade that; and I looked over the whole series of laws, and I found 2 clauses which resembled the 1st part of this amendment, but both of them referred to the pensions granted by those acts. I have therefore adopted, I believe. with a very slight variation, itpany I do not know of any in the 1st part of this amendment the provisions of the former laws, making them a ply to all pensions, and I have a ded a cause at the close to meet precisely such a case as was brought to the notice of the committee, that of a seizure under attachment or trustee process of money that was in transitu from a pension agent to the pensioner. I trust there will be no objection to this amendment.
Mr. JOHNSON. Is that provision found in the general pension laws?
Mr. VANWINKLE. It is found in 2 laws, one, I think, regulating the pensions of the war of 1812, and one regulating the pensions of the Mexican war; both have language prohibiting “ any pledge, mortga e, sale, assignment, or transfer of any right, claim, or interest in any way granted by this act.” That is in both, and consequently there is no such law, as everybody supposed there was, referring to pensions rante since 1861.
Mr. JOHNSON. oes this amendmentein brace all pensions?
Mr. JOHNSON. It is not confined to pensions under this act.
Mr. VANWINKLE.sions, and is so intended. The amendment was agreed to.
Mr. VANWINKLE. I have anotheramend vment to offer to that of the committee, to come in as a new section after section 3: Abife:.That no claim agent or other person shall limafter chargeor receivemore than 50 cents for preparing the papersnecessary to enable a pensioner to receivea semi annual payment of his pension; nor shall any pension agent charge or receive more than 25 cents for administering an oath to a pensioner.under a pen alty of 5dollars in each case. This matter has been brought to the notice of the committee by a pension agent in one of the largest eastern cities. He states that persons are charging for the service of fillings. very short blank and administering an oath from one to 2 dollars. I believe that most of the States in taxing affidavits have remitted the costs in cases where the affidavits are for the purpose of obtaining penSions. It is certain y wrong that persons should be allowed to charge theseexorbitant prices. The amendment was agreed to.
Mr. VANWINKLE. I have another amendment, and I believe it is the last. It is a new section, to come in as section ten: Abife:.That section 4 of an not entitled “An act to grant pensions." approved July 14, 1862, is herebyso amendedthat the provisions thereof shall apply to and include the orphan brother or brothers. aswell assister or sisters.under 16 years of age.of a deceasedofficer or other person named in section one of the above entitled not, who were dependent upon him for support. in whole or in part, subjectto the sameInvitations and restrictions. This amendment came to us from the House committee, who had intended to insert it in the bill originally, but accidentally omitted to do so. The section of the act of 18652to which it refers provides that where a soldier dying has left or may leave an orphan sister or sisters under 16 years of age, the pension shall go to such sister or sisters. It is palpable that many may have left an orphan brother or brothers under that age, who are as equally helpless as the sisters. It seems only fair that the section should be extended to those infant brothers, as well as to infant sisters. The amendment was agreed to.
Skip Skip 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 read the 3rd time. The bill was read the 3rd time and passed.
Mr. LANE, of Indiana. I move, now. to take up the bill (S.No.239) for the clasSification and graduation ofinvalid pensions. The motion was agreed to.
Mr. LANE, of Indiana. I more the indefinite postponement of this bill, the same It embraces all subject matter having been disposed of in the bill we have just passed. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPasnsou, its Clerk, announced that the HoRep had passed, without amendment, the following bills: A bill (S.No.132) to prevent and punish kidnaping; and A bill (S.No.312) to establish a post route from West Alburg, Vermont, to Chum lain, in the State of NewYork, and for over purposes. The message further announced that the HoRep had passed a bill (H.R.No. 596) to authorize the use of the metric systemof weights and measures, in which it requested the concurrence of the Senate. CORDELIA MURRAY.
Mr. LANE, of Indiana. I move to take up House bill No. 216. The motion was agreed to; and the bill (H.R.No. 216) for the relief of Cordelia Murray was considered as in ComWhole. It provides for the paymentto Cordelia Murray, widow of George. Murray, of the pension anted to George W. Murray, by an act of bongress approved December 20, 1864, entitled “An, act for the relief of George W. Mur y.
Mr. VANWINKLE. This bill was before the Senate on the last day that the ComPensions had for such business, and it was then suggested that the language was a little obse ure. I have examined the original act, and I find that it does not disclose what the pension shall be except by description. I move now to amend this bill by inserting after the w“ord “Murray, ” in the 5th line, the words a pension equal in amount to.” the amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended; the amendment was concurred in. The amendment was ordered to be engrossed and the bill to be read a 3rd time. he bill was read the 3rd time and passed. JOHN HOFFMAN. On motion of
Mr. LANE, of Indiana the bill (H.R.No. 265) granting a pension to John Hoffman, of Madison county, in the State of NewYork, was considered as in ComWhole. It provides for placing the name of Johfl Hoffman, of Madison county, NewYork, on the pension roll, at the rate of 8 dollars permonth, to continue during his natural life.
Skip Skip The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. BETSEY NAsn. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, resumed the consideration of the bill (H. It. No. 445) for the relief of the legal representatives of Betsey Nash. It proposes to extend the provisions of the act of on ess approved March 3, 18:37, for the relief O Betsey Nash, to her legal representatives, and to provide for paying the amount appropriated by that act to them; but the sum and is not to exceed the amount due Betsey Nash at the time of her death.
Skip Skip The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed.
Mr. VANWINKLE. I move now to take up Senate bill No.261. The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.261) for the relief of Mrs. Anna G. Gaston. It is a direction to the SecyInterior to place upon the pension roll the name of, Mrs. Anna G. Gaston, of the city of Washington, widow of Albert G. Gaston, deceased, late lieutenant in the 16th regiment ofVir ginia volunteers. from the date of the discharge of her husland from the military service of the U.S., on account of disability arising from disease contracted in the service, until the date of his death, namely, from the 5th day of May, 1868, to the 7th day of February, 1865, and to cause to be paid to Mrs. Gaston a pension at the rate of 17 dollars permonth for that time, without prejudice to the pension heretofore allowed her by the ComrPension.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, was read the 3rd time, and passed. JAuss rosrsn.
Mr. LANE, of Indiana. I move to to the consideration of the House bill for the relief of James Foster. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. The SecyInterior is directed by the bill to place the name of James Foster, late of the U.S. ship Germantown, on the pension roll, and pay him the sum of 6 dollars permonth.
Mr. LANE, of Indiana. I move the indef initedpostponement of that bill on account of an a verse report. We thought the case was not sufficiently proved. The motion was agreed to. JOHN GORDON.
Mr. LANE, of Indiana. I move to take up the bill (H.R.No. 464) for the relief of John Gordon. The motion was afgreed to; and the Senate, as in ComWhole, proceeded to consider the bill. By its provisions the SecyInterior will He directed to place the name of John Gordon, late of company G, 9th U.S. infantry, upon the pension rolls at the rate of 8 dollars permonth, to continue during his natural life.
Mr. GRIMES. Let us hear the report. The Secrets read the report made by the Committee on nvalid Pensions of the HoRep, from which it appears that John ordon enlisted at Saco, Name, on the 21st of March, 1847, under Captain Woodman, and was placed in company G, Captain Lyman Bissell, 9th U.S. infantry, in which he continued to serve until his return from Mexico. He was discharged at Newport, RhdIsland, in the summer of 1848.While in the service and in the line of duty, in the fall of 1847, at the ei of Mexico, he commenced to have attac s of fever and ague, which continued, and in the spring following a fever and ague sore broke out on his left hand. This continued until after his discharge, the summer followin, and unfitted him for Military dut. After is discharge the sore healed up but eft the end of the nger contracted, bent, and stiffened, one of the fingers being bent flat to the hand. His hand is in consequence useless, and he is unable to gain a live hood by manual labor. aplication was made at the Pension Bureau or a pension, but was rejected by the ComrPension because he says it is not sufficiently proven that the fever and ague sore was in consequence of the intermittent fever. proceed o. 463, death of the remental surgeon who attended him. Captain yruan Bissell has testified that his sore was so caused. The asst surgeon of the regiment was not with the regiment and could know nothing concerning the case. The committee deem this case a just one, and therefore report a bill for his relief. The bill was reported to the Senate without amendment.
Mr. GRIMES. Am I right that this disability occurred in the Mexican war?
Mr. GRIMES. The Senfrom Indiana is from a.fever and ague count and has lived there a long time; and I shoal like to know This: evidence cannot be obtained on account of the whether his experience and observation satisfy him that the fever and ague is in the habit of producing such results as arementioned in this report.
Mr. LANE, of Indiana. This is a report from the HoRep. The facts are all reported to us. The evidence of his captain is that this sore upon the hand which caused the total disability of the hand was caused by the fever and ague. The reason wh the surgeon did not testify is because he is end, and the asst surgeon was not with the regiment at the time; but his captain swears that the sore was the result of fever and ague and that the hand was totally disabled. I do not know what particular quality of the disease it is that makes the sore break out on the hand; but I have heard of fever sores. We took the report of the committee of the House, and supposed that that was sufficient to authorize the reporting of this bill. The matter was investigated before our committee, and it was thought very probable that the whole injury resulted from that fever.
Mr. VANWINKLE. I will say to the Senfrom Iowa that I have been hearing of ague sores all my life, although I never lived much in an ngue country. We do not have any in WestVirginia, but before Imoved thercthey used to have the ngue in that country, and avue sores were: very common result of that disease.
Mr. TRUMBULL. I beg to inquire of the Senator whether it grew out of his services in the Army.
Mr. VANWINKLE. The intermittentfever, the fever and ague, occurred while he was in the Army and in the service. This was a consequence of thatdisease. The committee were wdll satisfied of that fact from an examination of the particular evidence supplied.
Mr. GRIMES. Who supplied this evidence? Some surgeon, as I understand, in the State of 9.
Mr. VANWINKLE. It is furnished by his ca tain; and I believe the rules of the Pension O cc are that where the certificate of the surgeon cannot be procured, owing to his death or any other circumstances, the certificate of the commanding officer is the next best proof.
Mr. GRIMES. I have lived for 30 years right on the bank of the Mississippi river, and we have agne there, and I have had a good deal of observation of that disease, and I confess I never heard of such a case asthisbofore. I never heard of such a fever sore as the onementioned here. I have heard of fever sores breaking out on the lips in little blotches, and I have heard of white fever swellings, but I have never. heard of such a disease as this appearing from the ague and exposure in the Army. move that the bill be indefinitely postponed.
Mr. LANE, of Indiana. I hope the Senfrom Iowa will modify his motion so as to let it O over until tomorrow.
Mr. LANE, of Indiana. I move, then, that this bill be recommitted to the ComPensions.
The PRESIDING OFFICER, (Mr. Poasaor in the chair.) The Senfrom Iowa with draws his motion, and the Senfrom Indiana moves thatthe bill be recommitted to the ComPensions. The motion was agreed to. ADJOURNMENT TO MONDAY. On motion of
Mr. HENDEltSON,it was Ordered. That when the Senate adjourn it be to meeton Monday next. SPENCER KELLOGU. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 260) granting a pension to Spencer Kellogg. The SecyInterior will be directed by this bill to place the name of Spencer Kellogg of Oswego county, NewYork, on the roll of invalid pensions, and to pay or cause to be paid to his legally appointed guardian the sum of 20 dollars permonth, until Spencer Kel logg shall have attained the age of 16 years. The act is to take effect on the 6th day of September, 1865.
Mr. GRIMES. Let us hear the report read.
The Secretary read the report made by the ComInvalidPens to the HoRep. It appears that Spencer Kellogg, the father of Spencer Kellogg, the ward of Orville C. Brown, was 4th master of the U.S. gnnboat Oswego, and was captured by the enemy while in the discharge of his duty on or about August 15, 1862, and eitccuted in the city of Richmond, Virginia, on the 25th of September, 1868, by the rebels, charged with being a spy. The muster and pay rolls of the gunboat were lost. Congress y aJtResolution approved June 30 1864, directed the name of ary Kellogg, widow of Spencer Kellogg and mother of the ward of Orville C. Brown, to be placed upon the pension roll with the pension incident to the rank of her late husband. She died on the 6th of September, 1866, leaving a son, the only child of Spencer Kellogg, to wit, Spencer Kellogg, the ward of Orville C. Brown, now about 3 years of a c. The committee, believing the relief aske for by the petitioner just and right, report a bill for his relief.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. ANNA E. WARD. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the hill (H.R.No. 459) for the relief of Anna E. Ward. It revides for placing the name of Anna E. War, of the city of Washington, DistCol, widow of the late Joseph D. Ward, 2nd Kentucky vol unteers, on the list of pensioners, and for paying to her the sum of 8 dollars permonth during her widowhood, and in the event of her marriage or death, then to the mine r children of Joseph D. Ward, subject to the limitations and restrictions of the pensions laws. The ComPensions reported the bill with an amendment, to insert in the 8th line after the words “ 8 dollars per month” the words “ to commence from an after the passage of this act, and to continue.”. The amendment was agreed to.
Mr. GRIMES. Let the report be read. The Secrcta read the report made by the Committee ourTnvalid Pensions in the HoRep. It appears that Joseph D. Ward, late a surgeon in company H, 2nd Kentucky volunteers, was, on the 22d of February, 1847 at the battle of Buena Vista, in Mexico, an, while in the discharge of his duties, received 3 grape or canister shot wounds, one in his breast, another fracturing the bones of his right arm so as to render nin utation necessary, and a 3rd ball injured his cft arm so seriously as to deprive him almost entirely of its use; that by reason of these wounds he was totally disabled; and, on the 4th of February, 1805, died leaving the petitioner, a widow with 2 children, girls, one 11 and the other 3 years of age, and the aged and invalid mother of her deceased husband dependent upon her for support. The committee eem the case a justonc, and therefore report a bill for her relief.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in and orderengross, and the hill to be read a 3rd time. It was read the 3rd time and passed. CORNELIUS CROWLEY. On motion of
Mr. LANE, of Indiana, the bill (S.No.276) for the relief of Cornelius Crowley, was read a 2nd time and considered as in ComWhole. It proposes to direct the SecyInterior to place the name of Cornelius Crowley, late a rivato in company F, 3rd regiment U.S. Statea infantry, on the penaion roll, at the rate of 8 dollars ppr month, to continue during his natural life.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. CHRISTINA ELDER. On motion of
Mr. VANWINKLE, the senate, as in ComWhole, proceeded to consider the bill (H.R.No. 845) for the relief of Christina Elder. It proposes to direct the ComrPension to pay to Chris tina Elder, of the cityaof NewYork, the pension to which Jessie lder was entitled at the time of her death, as the mother of Lieutenant Colonel Alexander B. Elder, 10th regiment NewYork volunteers, under the provisions of the act of Congress approved Ju y 14, 1862. The Committee on P pensions proposed to amend the bill by striking out all after the enacting clause and inserting the following: That the secyInterior isherebydirected to pay to Christina Elder. of the city of NewYork, the arrearsof pensionto which Jessie Elder mother of thesaidehristina Elder and ofAlexander. Elder, late lieutenant colonel of the 10th regiment of NewYork volunteers.would have beenentitled had the certificateof W.T. Otto, actiniLSecyInterior, countersizned by Jason H. Barrett. ComrPension, and bearing dateon the 25thday of November, in the year 1865, in favor of the said Jessie Elder beengranted in her life time. The amendment was agreed to.
Mr. CONNESS. Is there a report in that case? If there is, I should like to have it read.
The Secretary read the followmg report, submitted by Mr. A); WINKLE, from the Commit tce on Pensions, on the 25th of April: The ComPensions, to whomwas referred House bill No. 345, entitled "An act for the relief of Christina Elder, ” respectfully report: That the said Christina Elder is the sister of Alexander B. Elder. deceased, lute lieutenant colonel of the 10th regiment of NewYork volunteers and the daughter of Jessie Elder, also deceased, in whose favor, as the mother of the said Alene tier B. Elder, a certificatewas grantedby the thenacting SecyInterior to the eficctthat, under the provisions of the pension not ot 1862 whowas entitled to receive pay at the rate of 30 dollars pernionth, commencing on the i ilstdayof October 186i and continuing during her widowhood. The said eertificate be ursdate on the 25thday of November, 1865: but it appears that the said Jessie Elder died on the 31stday of (Jo tober. in the same year, 25 days prevwus, in consequence of which no part of the pension thereinmentioned could belegally, or over was, paid toItthe said Jessie Elder or her representutives. further appearsthat. from t 0time of the death of the said Alexander B. Elder until that of thesaid Jessie Elder, which occurred in her in htieth year. her daughter. the said Christina Elder, y the labor of her hands, supplortedand provided for her infirm and helpless met or at an expense into equal to what the latter would haye been entited to receive by virtue of the said certificate had it beengranted n her lifetime. Under these circumstances the committee recom bmeeenndptahyaat bthlee taorrtehaerssoafid pensiion which would have the said ccrficute beep granted 25 days earlier he poi to thesaid Christina Elder and for this purpose herewithreport an amendment of the bill reerred to them as above, and recommend that the same be adopted, and the bill so amendedpassed.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in and orderengross, and the bill to be read a 3rd time. It was read the 3rd time and passed. MARTHA J. WILLEY. On motion of
Mr. VANwINKLE, the senate, as in ComWhole, proceeded to consider the bill (H.R.No. 494) for the relief of Martha. J. Willey. It proposes to direct the SecyInterior to place the name of Martha J. Willey, widow of George W. Willey, late a co.oral in company F, sev enth regiment New umpshire volunteers, on the pension rolls, at the rate of 8 dollars permonth, the pension to commence on the 18th of April, 1865 and to continue during her widowliood; and in the event of her mar rings or death, then to the mine r children of George W. Willey, subject to the limitations and restrictions of the pension laws.
Mr. GRIMES. Let us hear the report in that case read.
The Secretary read the report made by the ComInvalidPens of the HoRep. The petitioner, who is the widow of George W. Wille, corporal in company F, 7th regiment NewHampshire volunteers, alleges in her petition that her late husband was under the command of Colonel Abbott in the late war to suppress the southern rebellion; that he enlisted at over, NewHam p shire, on or about the 29th of November, 1861, and served faithfully as a soldier in that company until his death on the 18th of April,1865. Tt is further alleged that he was a reenlisted veteran, and enlisted in the field at Fernandina, Florida, on the 29th of February, 1864. The Government gave as a gratuity 30 days fur lough to those who reenlisted. Wille was taken sick with concestion of the lungs before the termination of his furlough, and died at Dover, NewHampshire, on the 18th of April, 1865. The committee find the facts fully sustained by the proof, and reports. bill for the relief of the petitioner.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. MRS. REBECCA IRWIN. On motion of
Mr. VANWINKLE, the bill (S.No.291) granting a pension to Mrs. Rebecca rwin, was read a 2nd time and considered as in ComWhole. It propose s to direct the SecyInterior to place the name of Mrs. Rebecca Irwin, widow of Archi bald Irwin, late a private in battery C, 1st RhdIsland light artiller, on the pension roll, at the rate of 8 dollars permonth, to continue during her widowliood.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. RETURN OF A BILL.
Mr. MORRILL. With the permission of the Senfrom WestVirginia, I should like to olier a resolution requestin g the return of a bill, which was passed under a misapprehension, from the HoRep. It will take no time. Renolved, that the Secretary be directed to request the HoRep to return to the Senate the bill of the Senate No. 305, to amendan act entitled “An act concerning notiiries public for the DistCol, " approved April 8, 1864. The report in that case was for the indefinite postponement of the bill, but by some mista e or other it has been passed. The resolution was considered, by unanimous consent, and agreed to. MRS. JOANNA WINANS. On motion of
Mr. VANWINKLE, the senate, as in ComWhole, proceeded to consider the biMr. No. 493) granting a pension to Mrs. Joanna Winans. ts purpose is to require the SecyInterior to place the name of Mrs. Joanna Winuns, mother of George W. Winaiis, lute an acting asst.aymaster in the U.S. Navy, on the rel of naval pensioners, at the rate of 20 dollars permonth, to continue during her widowhood. The ComPensions reported the bill with an amendment, in line 8, after the word “widowhood, ” to insert, “the said pension to be paid out of the naval pension fund.” The amendment was agreed to.
Mr. GRIMES. I ask for the reading of the report in this case. he Secretary rend the report of the comInvalidPens in the HoRep. It appears that George W. Winaiis, the son of the petitioner, was an acting asst paymaster in the U.S. Navy. On the 23d of May, 1864, he received a leave of absence for one week from Fleet Captain A. K. Pennoek. At Mound City, on the day of the expiration of his leave of absence, and when going on board the steamer Black Hawk, and before he had formally reported, he was accidentally drowned. The proof is very conclusive that the petitioner was at the time of the death of her son, and still is, a WldOW in destitute circumstances; and for several years has been wholly dependent upon him for support. a
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in and ordered to be engrossed, and the bill to be read a 3rd time. t was read the 3rd time and passed. JANE D. BRENT. On motion of
Mr. VANWINKLE, the bill S.No. 298) granting a pension to Janed cut was read a 2nd time and considered as in ComWhole. It provides for placin the name of Jane D. Brent, of Detroit, Michigan, widowof Thomas Lee Brent, latea captain in the Army of the U.S., on the pension roll, at the rate of 20 dollars permonth, until her marriage or eath, and after either event the pension is to be confinued to Mary Brent, daughter of Thomas Lee Brent, if then under the age of 16 years, until she attaiusthat age.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. JANE E. MILES. On motion of
Mr. VANWINKLE, the bill S.No. 299) ranting a pension to Jafle E. iles, was read: the 2nd time and considered as in ComWhole. It provides for placing upon the pension roll the name of Jane E. Miles, of Somersworth, NewHampshire, widow of William D. Miles, late a land}; rnan in the naval service of the U.S., at the rate ofeight dollars permenth, from the 22d day of March, in the year 1865, to continue during her widowhood; the pension to be paid out of the naval pension fund. lhe bill was reported to the Senate without amendment, orderengross for a 3rd mading, read the 3rd time, and passed. SARAH J. roams. On motion of
Mr. VANWINKLE, the bill (S.No.814) for the relief of Sarah J. Purcell, was read the 2nd time and considered as in ComWhole. It proposes to direct the SecyInterior to place the name of Sarah J. urcell, widow of C arles W. purcell, acting captain of artillery, on the pension roll, at the rate of 20 dollars a month, from the 27th day of September, 1864, to continue during her widowhood.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. RUTH ELLEN GRELAUD. On motionof
mr. LANE, ofIndiana, the senate, as in ComWhole, proceeded to consider the bill (S.No.72) for the relief of Ruth Ellen Grelaud, widow of John H. Gre laud, deceased. Its purpose is to direct the SecyInterior to place the nhme of Ruth Ellen Grelaud, widow of John H. Gre laud, deceased, late a captain of artillery in the U.S. Army, upon the pension list, at the rate of the half pay propere was entitled to at the time of his death, commencing on the 17th of August, 1857, and to continue during her life or widowhood.
Mr. LANE, of Indiana. The ComPensions have made an adverse report on this bill, and I move that it be indefinitely post pone. The motion was agreed to.. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 62) anting apension to Mrs. Sally and rews. It irects the SecyInterior to place the nam of Sally ndrews, of Buxton, ork county, aiiie, Widow of the late Elisha Andrews, quarter gunner on board the Levetta Adams, on the pension list ofinvalid pensioners, and ay or cause to be paid to her the sum of 8 dollars permonth during her widow hoo.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. MRS. HARRIET B. CROCRER. On motion of
Mr. LANE, of Indiana, the bill (S.No.826 granting a pension to Mrs. Harriet B. Croc er, was read a 2nd time and considered as in ComWhole. The SecyInterior is directed by the bill to place the nameof Mrs. Harriet B. Cracker, mother of Henry B. Crocker, late a private in company G, 115th regiment Ohio volunteer infantry, on the pension roll, at the rate of 8 dollars permonth, to commence from the 4th of October, 1862, and to continue during her widowhood.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. MRS. KATHARINE F. WINSLOW. On motion of
Mr. LANE, of Indiana, the bill (S.No.327) ranting a pension to Mrs. Katharine F. Winstlow, was read a 2nd time and considered as in ComWhole. Its purpose is to direct the SecyInterior to place the name of Mrs. Katharine F. Winslow, mother of Cleveland Winslow, late lieutenant colonel of the 5th NewYork Vet eran volunteer infant, on the pension roll, at the rate of 30 dol ars permonth, to commence from the 7th ofJuly, 1864, and to continue during her widowhood.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. nizs. ABIGAIL RYAN. On motion of
Mr. LANE, of Indiana, the bill (S.No.328) for the relief of Mrs. Abigail Ryan was read a 2nd time and considered as in ComWhole. It directs the SecyInterior to place the name of Mrs. Abigail Ryan, widow O Thomas A. Ryan, late a sergeant in company E, 17th rement WestVirginia infantry volunteers, out o pension roll, at the rate of 8 dollars permonth, to commence from the 27th of March, 1865, and to continue during her widowhood.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, 4 read the 3rd time, and passed. Mr. WILL i“ Y subsequently entered a mtRtv the bill was passed. MARGARET KAETZEL. On motion of
Mr. LANE, of Indiana, the bill (S.No.329) for the relief of Mrs. Margaret Kaetzel, was read a 2nd time, and considered as in ComWhole. Its purpose is to direct the SecyInte prior to place upon the pension roll the name of Mrs. Margaret Kaetzel, widow of Nicholas Kactzel, who was a civilian employed in the service of the U.S. at the arsenal at Columbus, Ohio, and that she be paid a eusion at the rate of 8 dollars permonth), to commence from the 6th of April, 1865, and to continue during her widowhood.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. ISABELLA STRUBING. On motion of
Mr. LANE, of Indiana, the Senate, as in ComWhole, procceded to consider the bill (H.R.No. 434 for the relief of Isabella Strubin. It directs the SecyInteriorto place the name of Isabella Strubing, widow of private Damon Strubing, deceased, late of company E, 46th regiment Pennsylvania volunteers, on the pension roll, and pay or cause to be paid to her the sum of 8 dollars permonth from the 30th of Ma, 1864, and to continue during her widowhoo, and in the event of her deati or marriage, to the mine r children of Damon Striibing until they shall have attained the age of 16 cars.
Mr. GRIMES. Let us hear the report in that case.
The Secretary read the report made by the Committee on nvalid Pensions of the HoRep. By the evidence in the case it is proved that Damon Strubing, the has band of the petitioner, when enroute with his regiment, on veteran furlough, after having reenlisted, and while passing through Louisville, Kentucky, on the 2d of January, 1864, fell and broke his lefthand. Having partially recovered the use of his hand he obtained permission from the surgeon who attended him to return to his regiment which was then at Dal ton, Georgia. Strubing, by direction of the lieutenant colonel of his regiment, whom he met on his way, reported to Surgeon James Bryan, then in charge of the U.S. general hospital at littsburg, Pennsylvania. Surgeon Bryan gave him a certificate showing that he was, by reason of the injury in his hand, unlit for duty, and also gave him permission to return to his home, at Reading. Pennsylvania. On the 30th of May, 1864, while riding in a train of the Pennsylvania railroad the train ran oif the track and broke a number of cars. Strubing being one of the passengers had his leg badly shattered, and was also severely burned and se alded. from the effects ofwtheh he died ina few hours afterward. The ComrPension declines to place the name ofliis widow on the pension roll in the absence of a certificate from a commissioned officer of his company showing that at the time of his death he was in the line of his duty, which cannot be obtained. The committee are of the opinion that the case comes within the spirit and intent of the act granting pensions to the widows of deceased soldiers, and therefore recommend the passage of the bill.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. MARIA SYPHAX. On motion of
Mr. HARRIS, the bill (S.No.821) for the relief of Maria Syphax was read a 2nd time and considered as in ComWhole. It proposes to release and conlirm to Maria Syp ax, her heirs and as signs, the title to a piece of land, being part of the Arlington estate, in the county of Alexan dria, in the State of Virginia, upon which she has resided since about the year 1826, bounded and described as follows, to wit: beginnin at the intersection of the south line of saiv Arlington estate with the center line of a small run, said point ofintersection being about one 4th of a mile from the southwest corner of said Arlington estate, running thence Westerly along said south liue 7 chains and 40 links; thence in a northeasterly direction, on a line making an angle of 30 tire degrees with the said south line, 22 chains and 38 links; thence at right angles, in a southeasterly direction 15 chains and 67 links to the said south line of the Arlington estate; thence westerly along the said south line of the said Arlington estate 19 chains and 92 links, to the place of beginning, containing 17 acres and 5300 ths of an acre of land, be the same more or less.
Mr. MORRILL. I should like to inquire of the Senfrom NewYork, the chairman of the ComPrivLandClms, what are the grounds on which this bill is placed.
Mr. HARRIS. The person named in this bill is a mnlatto woman. She was once the slave of Mr. Custis.
Mr. Enstis at the time she married, about 40 years ago, feeling an interest in the woman, something perhaps akin to a internal instinct, manumitted her, and gave her this piece of land. It has been set apart to her, and it has been occupied by her and her family for 40 years. Under the circumstances, the committee thought it no more than just, the Government having acquired title to this property under a sale for taxes, that this title should be confirmed to her.
Mr. HOWARD. Will the Senfrom NewYork be good enough to state in whom the title runs?
Mr. HARRIS. The title runs to this woman and her heirs.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. HOUSE BILL REFERRED. The bill (H.R.No. 596) to authorize the use of the metric system of weights and measures was read twice by its title.
The PRESIDING OFFICER. This bill will be referred to the select committee on that subject when appointed by the President protempore of the Senate. EXECUTIVE SESSION.
Mr. CONNESS. I move that the Senate proceed to the consideration of House JtResolution No. 77. It will not occupy a moment of time.
Mr. CONNESS. AJtResolution 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. It will not occupy a moment.
Mr. GRIMES. This day was devoted, by an order of the Senate, to the consideration of pension bills, and there are a great many sen ators not present who ought to be here when tbpse questions that are now proposed to be taken up are called up. It seems to me that at this stage of the day we had better proceed to the Consideration of executive business, of which we have a great deal to do; and I therefore make that motion.
Mr. CONNHSS. I think that is very unkind in the Senator. ThisJtResolution has been considered by one of the standingr committees of this body. It is a House resolution. It was 1st passed by the House. after being considered by a committee of that body, who made a report upon it. It then came to this body, and was considered here by one of the standing committees of the Senate and reported by it. If the Senator desires that no other business shall be considered today, and is in a hurry to adjourn, and will put it on that ground.
Mr. GRIMES. I have this to say: in the estimation of the Senator there is nothing in this resolution, or ver little; but if be adbeen here as long as have, he would have discovered that on the same claim and in the same manner we have passed little bills intended to appropriate money for the carrying of the mails, that, in one instance, in a case at Louis ville, amounted to $1,500,000 before we got through with it; and in another case, on the upperlakes, where we supposed at the time we passed the bill, it only amounted to some 8 or 9,000 dollars, it amounted to between one and 200,000 dollars. I do not know anything about the mer its of this resolution, and I do not feel at this time as though I was capable of undertaking such an investigation as would wish to make into it, after the experience I have had on this subject.
Mr. CONNESS. The Senator is very much frightened by his experience on this subject. I am very sorry that a bill of the kind de scribed by him ever passed this body while the Senator, usually so watchful, was in his place. I should not think that such a bill could possibly pass his vigilance. But I beg him to believe that this resolution does not contain a claim for $100,000, nor any respect able fraction of that sum. The parties who performed theservice are here, and have been waiting patiently and anxiously. The services have been long performed and paid for by them. The resolution simply authorizes the PostMGenl to ay as much as he shall find and ascertain to lie their due, after it has been fully and completely investigated. The coinniittee recommend an amendment which relates to a similar claim already passedlliy this body, but not yet acted upon by the HoRep, I believe. has been devoted to pensions, certainly nearly all the Senators are m their seats, and there is sufficient time for it is not yet half past 3 oclock to examine this resolution. I hope we shall proceed with it. It will not occupy a moment of time.
The PRESIDING OFFICER. The Senfrom Iowa moves that the Senate proceed to the consideration of executive business.
Mr. CONNESS. I hope that motion will not be carried under the circumstances.
Mr. WILSON. Will the Senfrom Iowa withdraw it for a moment?
Mr. GRIMES. Vote it down if you do not want an executive session. The motion was agreed to; there being, on a division ayes 14, noes 18; and, after some time spent in the consideration of executive business, the doors were reopened. COMMODORE THOMAS TURNER.
Mr. HENDRICKS. I ask the Senate to take up Senate bill No. 251, for the relief of Commodore Thomas Turner. The motion was agreed to; and the bill was read a 2nd time, and considored as in ComWhole. It directs the SecyTreasury to pay to Commodore Thomas Turner 556,741 out of any prize money in the Treasury, in full for his claim to share in the prize money realized upon the condemnation and sale of the vessels Cherokee, Aries, and StJohn.
Mr. HENDRICKS. I will state that upon this subject there is a difference between the court at Boston that ordered the condemnation of these 3 vessels and the Dept, the court holding that the commodore is entitled to his prize money, and the Dept not so holding. The committee think he ought to have the prize money along with the rest of the officers.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. Now, although this day FRANCIS AIGIBBORS. On motion of
Mr. WILLIAMS, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 886) for the relief of Francis A. Gibbons. It directs the SecyTreasury to pay the sum of $568 19 to Francis A. Gibbons, being money paid by him for property purchased at a quartermastera sale in the city of Baltimore, Maryland, on the 15th of February, 1863, under the direction of Colonel Belger, asst quarterinaster, which was not delivered to the purchaser.
Mr. TRUMBULL. I should like to know what that case is. Is there a report?
Mr. WILLIAMS. There is a House report accompanying the bill. The bill has already passed the House.
Mr. TRUMB ULL. Will the Senator explain what it i?s
Mr. WILLIAMS. I will simply state that Mr. Gibbons purchased at a quartermasters sale, in the city of Baltimore, a certain number of bushels of damaged corn. He paid for the corn before its deliver, and when the corn was measured out to him there was not as much corn as he had purchased and for which he had paid by $500. The proof is clear and conelusive on the subject. He has paid to the U.S. $500 of money for which he received no equivalent. He simply asks the Government to pay him back that amount of money. The bill was passed. SAMUEL STEVENS. On motion of
Mr. HOWE, the Senate, as in ComWhole, proceeded to consider the bill (S.No.309) to authorize Samuel Stevens, a Stockbridge Indian, to enter and purchase a certain tract of land in the Stock Iiridge reservation, Wisconsin. The bill authorizes Samuel Stevens, a Stockbridge Indian, to enter and purchase the tract of land known as lot No. 126, in the Stockhridge reservation, in the count of Calumet and State of Wiseonsin, under te“act to authorize the issuin of patents for certain lands in the town O Stockbridge, Wisconsin, and for other purposes, ” approved March 3, 1865. It also directs the ComrGLO, upon the entr and payment therefor, to cause a patent, in ue form of law, to be issued to Samuel Stevens, in conformity with the act abovementioned.
Skip Skip The bill was reported to the Senate without amendment, orderengross fora 3rd reading: read the 3rd time, and passed.
Mr. FESSENDEN. I move that the Senate adjIohuern.motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, May 18, 1866. The House met at 12 oclock m. The Journal of yesterday was read and approved. FOREST cut/runs.
Mr. DONNELLY, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That in view of the almost completeab sence of wuods and forests in the interior regions of the co tinent and of their paramount importance in the ettlementand neon ancy of the country. the ComPublic Lao s be directed to inquire whether a system cannot be devised whereby the planting of woodsand forestsme be encouragedin regions destitute of timber by general.donations of publiclands in alternate sections to individuals or corporations, and the reservattopof the arhoipingseptions by the Government at an increasedprice as in the case of rnilroad grants: the lands sextanted or a proportional part thercof. to be planted wrthtrees adapted to the climate and the needs 0! the community. common, WEIGHTS, and MEASURES.
Mr. KASSON, by unanimous consent, submitted the following resolution: Resolved.That 300 extra copiesof the report on a.uniform systemof coinage.weights and measures be printed for the use of the committee making the report and 1000for the useof this House.
The SPEAKER. This resolution will be referred, under the law, to the ComPrintg. PROTECTION OF THE FRONTIER.
Mr. BURLEIGH, by unanimous consent, introduced a bill to provide for the better protection of the frontiers of the U.S and Territories thereof; which was read a 1st and 2nd time, and referred to the ComMilAffrs. PREVENTION OF KIDNAPING.
Mr. WILSON, of Iowa. I ask unanimous consent to report from the ComJudiciary, for consideration at the present time, Senate bill No. 132 an act to prevent and punish kidnaping.
The SPEAKER. The Clerk will read the bill, after which the Chair will ask for objections, if an.
The Clerk read the bill, which provides that if any person shall kidnap or carry away any other person, whether negro, mulatto, or otherwise, with the intent that such other person shall be sold or carried into involuntary servi tude or held as a slave; or if any person shall entice, persuade, or knowingly induce any other person to go on board any vessel or to any other place, with the intent that he or she shall be made or held as a slave, or sent out of the country to be so made or held, or shall in any way knowingly aid in causing any other person to be held, sold, or carrie away, to e held or sold as a slave, he or she shall be punished, on conviction thereof, by a fine of not less than 500 nor more than 5,000 dollars, or by imprisonment, not exceeding 5 years, or by both of said punishments. The 2nd section provides that if the master or owners, or person having charge of any vessel, shall receive on board any otherperson, whether negro, mulatto, or otherwise, with the knowledge or intent that such person shall be carried from any State, Territory, or district of the U.S., to a foreign country, State, or place, to be held or sold as slave, or shall carry away from any State, Territory, or district of the U.S. any such person with the intent that he or she shall be so held or sold as a slave, such master, owner, or other person offending shall be ounished by a fine not exceeding 5,000 nor less than 500 dollars, or by imprisonment not exceeding 5 ears, or by both of said punishments and ) the vessel on board which said person was received to be carried away shall e forfeited to the U.S. There being no objection the bill was ordered to a 3rd reading, and was accordingly read of the 3rd time an passed.
Mr. WILSON, Iowa, mtRtv the bill was passed; and also move to lay that motion on the table. Agreed to. BRIDGE AT BOUSES POINT. On motion of
Mr. HULBURD, by unanimous consent, Senate bill No. 316, to establish a post route from West Alburg, Vermont, to Champlairi, in the State of NewYork, and for other purposes, was taken up from the Speakers table and considered. The bill was read. It declares the railroad bridge at Rouses Point, connecting the Og densbnrg and Lake Champlain rai road and the Vermont and Canada railroad, a lawful structure, to be known as a post route, and in place of the present float it authorizes the construction of suitable draws.
Mr. LEBLOND. That bill, I believe, has not been before the proper committee. It contains a very important eature, and I think it had better be referred to the ComPostOffice.
Mr. HULBURD. If my friend will allow me, I will state that this has been before the ComPostOffice, and examined by them, and they are willing that it should take this direction. I will like wise state that there is great urgency for the passage of this bill, inasmuch as these men must either renew the float at once o. but in a draw, and it is necessary that they should know what to do.
Mr. LEBLOND. I do not understand that this bill comes into the House from the comPostOffice. They may possibly have examined it, but they have not given in a report on the measure.
Mr. ALLEY. I willsay for the information of the gentleman that this bill was carefully considered by the ComPostOffices in the Senate, and passed the Senate unanimously. It has been referred to the ComPostOffice in the House, and was partiall considered in that committee, and the judgment of the committee was expressed favorably in regard to it. will say further that it is deemed by the parties in interest to be of great importance that the bill should pass at the present time. It will be sometime before our committee will be called, and I told the Gentfrom NewYork [Mu HUI.BLTRD] that our committee would have no objection to its passage. That is the position so farus the committee is concerned in regard to this bill.
Skip Skip The bill was ordered to a 3rd reading, and was accordingly read the 3rd time and passed. Mr. HULBUltD mtRtv the bill was passed; on the table. Agreed to.
Mr. THAYER. I call for the regular order of business. REFORM school IN DISTCOL. The SPE AKER stated that the regular order of business was the call of the committees for reports of a private nature, the pendingquestion being upon the bill reported from the committce for the DistCol by Mr. BALDWIN, being House bill No. 370, to establish in the DistCol a reform school for boys.
Mr. DAVIS. I wish to inquire if there is not now an institution of a wrccisely similar character existing in this Distnct under a char;ter from Congress for the some purposes.
Mr. BALDWIN. There is such an institution, the Guardian Society of the DistCol, and it is that institution which has presented a petition to this Congress; it is that institution with which the SecyInterior and the committee have dealt in this matter. The officers of that society cordially approve the bill. I have here a statement from the Officers of that institution showing their accordance with and approval of this measure.
Mr. DAVIS. Having been a member of the ComDistCol, I desire to say that I have been informed by one of the officers of this society that the passage of this bill would conflict with their rights under their organization.
Mr. PLANTS. I do not know if it would be in order at this time to make a motion in reference to this bill. But I am advised by persons interested in the Guardian Society, already incorporated by Congress, that this reposed bill comes in direct conflict With their interests. There is a Guardian Society already in existence here who had expended some ten or 12,000 dollars before they were incorporated and they were incorporated about 1862. They have now before the ComPubBldg and Grounds, as I am advised, a bill asking some slight amendments to their act of incorporation, embracing substantially the provisions of this bill. The Gentfrom Massachusetts, [Mia BALDWIN] I understand, announces that it was by the assent or agreement of this Guardian Society that this bill has been brought in. I do not know what the facts may be in this; case; but I am informed by persons belonging to that society that that is an entire mistake; that only one or 2 dissatisfied individuals who once belonged to the Guardian Society, but who have broken away from it, are now acting in opposition to it. As the bill in relation to that society is now before the ComPubBldg and Grounds, I would much refer that action on this bil should be delaye until that committee shall report, or what would probably be better, that this bill be referred to that committee for its consideration. I think it would be unjust to the existing society, that has already expended 12 or 15,000 dollars in pursuanec of this same object, to supersede it by another cororation for the same object. I am not advised fully of the position of the 2 proposed institutions; but have been requested by some of the officers of the Guardian Society to make this statement to the House when this bill came up for conlideration.
Mr. BALDWIN. Iwill repeat the statement I have already made; that we had before as the memorial from the Guardian Society for an appropriation and we had a consultation with Mr. Harlan, the SecyInterior, and with the agents of the Guardian Society in regard to the appropriation and it is With the sanction of the SecyInterior and the officers of that society that we have proceeded in this matter. I hold in my hand a communication from the officers of that society approving this bill. I cannot suppose that the Gentfrom Ohio [Mr. PLANTS] has had any communication with the members of that society, or with more than one gentleman who was formerly an officer of that society, but at its last organization was left off as secretary of the society. There can be nothing clearer than that we are dealing with that society.
Mr. WELKER. I desire to say one word in reply to the suggestion made by my colleague [Mr. PLANTS] in relation to this Guard ian Association. There was a co cration of that kind, a private corporation, that under took to take charge of the same class of crim inals that is provided for in this bill. This private corporation has met with many dilficulties in carring out the objects of this or aiiization. hey have had quarrels among emselves, and we have had both parties before the ComDistCol while this measure was under consideration. I have no doubt that one of the parties has made the suggestion to my colleague which he has placed before the House, but the other palil ty acquiesees fully in the pmage of this I The idea. is, that it is better not to have 2 private corporations to take charge of the juvenile offenders who may be convicted by the courts, but to consignthem to a public institution and upon considering these aar rels, we deemed it best that there should e a bill providing a public institution for that purpose, as better subse rving the interests of the DistCol in that respect than either branch of this divided Guardian Association that the gentleman speaks of. Now. as I understand it, the regular otheers of the Guardian Association acquiese e fully in what wefpropose to do by this bill. The mine irty of that association, who failed to get control of the Guardian Association, do object to this bill, and make this representation: that eat injustice will be done y the passage of t s bill. But the reular representatives of this Guardian Society have up cared before the committee, and acquiese e fu y in the bill we have reported and therefore I hope this bill will pass.
Mr. PLANTS. I wish simply to state to the House thatI know nothing whatever nbout this controversy. I was approached by a gen? tleman who represented himself as one of the tmstees of the Guardian Society which was incorporated, who made the statement to me which I have laid before the House. I have understood from him that their act of incor ration was now before the ComPubBldg and Grounds, they askin for some slight amendment to it and all I have asked was that this bill should be passed over until that committee can report. I am not ire pared to take sides upon this question, itf ore is any quarrel or controversy at all, for I know nothing about it.
Mr. ALDWIN. The reasons for the passage of this bill are extremely ur ent. We have had the fullest consultation with the SecyInterior in regard to this matter. He recognizes the importance of the institution, an approves in the most cordial and emphatic manner the hill we have now before us. I call the previous question.
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. Mr. BALDWIN mtRtv the bill was passed; on the table. Agreed to. SALES and GIFTS IN THE DISTRICT.
Mr. WELKER, from the ComDistCol, to orted back House bill No. 564, to annul the irty 4th section of the declaration of rights of the State of Maryland so far as the same applies to the DistCol. The question being on ordering the bill to be engrossed and read a 3rdtime, he bill was read at length. It provides that the 304th section of the declaration of rights of the State of Maryland, so far as the same has been recognized and adopted in the DistCol be repealed an annulled; that all sales, gifts, and devises, prohibited by the said section or any law passed in accordance therewith, shall be, when hereafter made, valid and elfectual.
Mr. THAYER. As this may give rise to extended debate, I make the point of order that it is not a private bill. It will of course shut out the private business if it gives rise to debate.
Mr. WELKER. I understand the bill is in order under the call from the ComDistCol.
The SPEAKER. Private bills relate generally to individuals or corporations. 1 ays P“arliamentary Practice states that private bills are for the interest of an individual, a public company or corporation, a arish, a city, a county, or other locality.” t must not be a general hill in its enactments, hut “ a bill for the particular interest or benefit of a person or ersous.” As an illustration, ii pension bill or the relief of a soldiers widow is a private bill, but a general billgranting pensions to any class of such persons as a class instead of as individuals is a public bill. This appears to be a public bill.
Mr. WELKER. I ask the Gentfrom Pennsylvania [Mr. Tuarna] to withdraw his objection. It will take but a moment. I can explain the whole matter in a word to the satisfaction of the House.
Mr. THAYER. I withdraw the objection, reserving the right to renew it if lengthy debate arises.
Mr. WELKER. Under the bill of rights of the State of Maryland, adopted in 1776, there is a provision which renders void all bequests and devises of property, real or personal, for the use and benelit ofreligious denominations or benevolent purposes of a religious character. In the organization of the DistCol that part of the law of Marylandwas not annulled in the part of the territory originally comprised of the State of Maryland, and today in the DistCol no person has any right to make any gift, devise, or bequest to any reigious denomination for benevolent or reh gious purposes. The object, of this bill is simply to remove that provision of the law so far as the DistCol is concerned. The occasion of the introduction of this bill, or ii special reason for it, is that a gentleman desires to leave a gift of this character for the benefit of a church, and on examination of the laws of the District his counSe l has advised him that he cannot make any such gift. The purpose of the bill is to repeal that law. I emand the previousquestion.
Mr. JENCKES. ill the gentleman allow me to make an explanation? Since the bill of rights in the constitution of Maryland was in force that State has adopted another censtitution. Would it not be proper to refer to the date of that 1st constitution in which this clause is contained?
Mr. WELKER. By an act of Congress in 1801 this provision of the law of Maryland was incorporated as the law of the DistCol, so that it is in force notwithstanding the abrotion in Maryland. Y, I
Mr. JENCKES. suggest, the linsertion of the date of the constitution in which the clause is contained. I
Mr. WELKER. It refers to the 34thsection of the bill of rights. That I deem sufficient, because there is but one bill of rights in that State.
Mr. JENCKES. There is another constijtution containing a declaration of rights which consists of more than 34 sections.
Mr. WELKER. I will then ask consent to insert (p reference to the bill of rights adopted in 177.
Skip Skip The amendment was accordingly made. The bill was then ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. WELKER mtRtv the bill was passed; upon the table. Agreed to. NATIONAL COMPANY.
Mr. RANDALL of Pennsylvania. I would like to know exactiy what this is. It is a bank, if I understand it, and if so why not bring it under the operation of the banking law?
Mr. ING RSOLL. It has no powers of a bank. The bill follows the provisiOns in relation to the charter of like institutions in NewYork and Massachusetts. It simply incor porates certain individuals into a body politic with power toerecta building, put therein iron or fire proof safes, to receive on deposit bonds, title papers, jewels, and other valuable things, and hold them in safe keeing for the owners for such time as they may desire and at a stipu lated price to be agreed upon by them.
Mr. WILSON, of Iowa. I want to ask the Gentfrom Illinois. as this is a somewhat lengthy bill, whether this incorporation is not to be substantially a bank of de osit? It occurs to me, from the reading of the bill, that this incorporation will be clothed with power to do business as a bank of deposit. Innder stand the last clause to provide that they shall not have authority to issue notes to circulate as money; and that, I understand, is the only limitation in the bill on their powers as bank ers. Now, if that is the character of the bill, I think it had better be printed, so that we may examine it.
Mr. SPALDING. How would this company differ from the bank here that exploded the other day?
Mr. INGERSOLL. I have this to say: that there is no authority in the bill allowing this company to ay interest on any deposit; it may receive ank bills, bonds of the U.S., or anything else that the cwaer is willing to pay a certain price to have kept safely. But if there be any fear that the company may exercise the powers of a bank, I will move as an amendment, that they shall not receive money on deposit. That is not the intention. I will move to add this previso: Provided, That nothing herein contained shall be deemedto authorise thesaid corporation to pay interest on epositsof money, securities or any other property l epositedwith it.
Mr. HUBBARD, of Iowa. Are they authorized to discount notes and bills of exchange?
Mr. WILSON, of Iowa. It does seem to me that the provisions of this bill are too broad, and I hope it will not pass.
Mr. SPALDING. I think the bill had better be referred to the ComBanking&Currency.
Mr. WILSON, of Iowa. Is there any express langnage in the bill confining the opera bill which gives them a right to exercise their powers outside of the DistCol.
Mr. WILSON, of Iowa. I submit to the House that if there is no language in the bill restricting the operations of this company to the DistCol they may establish themselves irtany State throughout the country. I take it that the House would hardly be Willing to establish an incorporated company of that character, and I suggest that the bill be amended.
Mr. INGERSOLI. I, differ with the gentleman on that point, but I will offer this as an addition to my amendment, to save any question of this character., and providedfurther. That the operations of this. companyshall beconfinedto the District of Colum Xll.
Mr. RANDALL, of Pennsylvania. I desire to know whether, if the motion for the previous question shall not be sustained, it Will be in order to move to refer this bill to some committee for further examination.
The SPEAKER. If the previous question shall not be sustained, amotion to refer the bill will be in order. 7
Mr. RANDALL, of Pennsylvania. Then I hope the House will not ustain the previousquestion, and that the bill may be referred to the comBanking&Currency, so that the effect of the bill may be thoroughly known.
Mr. EGGLESTON. If these parties can receive this property on deposit, and have a right to sell it. what is to prevent them from charging such rates as the parties do ositing may agree to pay? It amounts to establishing a pawnbrokers shop, to be legalized by congress.
Mr. INGERSOLL. I will say in answer that the company have no right to dispose of any article deposited with them except upon an agreement made with the depositors.
Mr. WILSON, of Iowa. I would ask the gentleman if all pawnbrokers, in disposing of the articles left with them, do not have an a reement with the parties as to the mode in which the property shal be disposed of, and if this bill does not provide by law that this company shall do what awnbrokers usually do.
Mr. INGERSOLL. I must decline to yield any further. I will say in rely to the Gentfrom Iowa that I never Iiad any dealings with pawnbrokcrs, and know nothing of their mode of doing business. There is nothing in the bill but what is legitimate and proper. It has passed the Senate, and I have proposed amendments limiting the business of the compaply, and giving further security to depositors. ow, with the explanation that has been made, if the House is not willing to 2nd the call for the previous question then they can vote it down. I have answered as many questions as I deem necessary., Mr. HOOPER, of Massachusetts. I would ask the chairman of the ComDistCol [Mr. Isosnsonn] if there is anything in this bill that prohibits disbursing officers of the Government lrom depositing public funds in this institution.
Mr. INGERSOLL. No, sir, there isnot. I suppose that the disbursing officers of the government are controlled by the statutes and the orders of their superiors, and not by the provisions of this bill. There is no proibition in this bill against disbursing officers putting their public funds in this institution, an more than there was in reference to their epositing in the Merehauts National Bank of this cit. I move the previous question. If the House do not desire to 2nd it, they canvote it down.
Mr. RANDALL, of Pennsylvania. I hope the House will vote it down.
Skip Skip The question was taken; and upon adivision there were ayes 20, noes not counted. So the previous question was not 2nded.
Mr. RANDALL, of Pennsylvania. I move that this bill and the pendin amendment betions of this incorporation to the District of referred to the Committee on anking and Our Columbia?
Mr. INGERSOLL. rency. There is nothing in the l
Mr. HENDERSON. I would like to ask the Gentfrom Illinois [Mr. INGERSOLL] a question in regard to this bill before I vote upon it.
Mr. RANDALL, of Pennsylvania. I cannot yield the floor for any such purpose. I call the previous question on the motion to refer.
Skip Skip The previousquestion was 2nded and the main question ordered; and under the operation thereof the motion to refer was agreed to. Mr. RANDALL, of Pennsylvania. mtRtv the bill and the pending amendment were referred to the ComBanking&Currency on the table. Agreed to. ENROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled JtResolution and a bill of the following titles; when the Speaker signed the same: A JtResolution (S.R.No. 61) to extend the time for the construction of the 1st section of the Western Pacific railroad; and An act (S.No.186) amendatory of the act to provide for reports of the decisions of the Supreme Court. LINCOLN SQUARE, ETC.
Mr. INGERSOLL, from the ComDistCol, reported a bill providing for grading East Capitol street and establishing Lincoln square; which was read a 1st and 2nd time. The bill was read in full. It authorizes the ComrPubBldg to grade East Capitol street from 3rd street cast to Elev ent street/east, and to cause the square at the intersection of said street with Massachusetts, NCarolina, Tennessee, and Kentucky avenues, between 11th and 13th streets east, to be inclosed with a wooden fence, and the same shall be known as “Lincoln square;” and the sum of $15,000 is appropriated for that purpose.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question was upon the passage of the bill.
Mr. INGERSOLL. I call the previous question on the passage of the bill.
Mr. SLOAN. Does not this bill go to the ComWhole, as containing an appropriation?
The SPEAKER. This bill does contain an appropriation. But it is too late to raise that point of order, the bill having already been read the 3rd time without objection. "
The SPEAKER. It is too late to raise that point of order now.
Mr. FARNSWORTH. Will it be in order to move to refer this bill to the ComWhole?
Skip Skip The SPEAKER. If the previous question is not 2nded that motion will be in order. The question was taken; and upon a division there were ayes 28, noes 31; no quorum votin. TelIers were ordered; and Messrs. Ixoizii sour and ELDRIDGE were apointed. The House in divide; and the tellers reported ayes 59, noes not counted. of the previous question was 2nded. The main question was then ordered; and under the operation thereof the bill was passed. Mr. ING RSOLL mtRtv the bill was passed; on the table. Agreed to. CANAL and BEWEBAGB COMPANY.
Mr. INGERSOLL, from the ComDistCol, reported backz with an amendment, Senate bill 0. 190, to incor gorate the DistCol Canal and ewerage Company.
Mr. WINDOM. I would inquire of the Chair if this is a private bill. We have had 3 or 4 general bills considered this morning, and I think it is hardly fair to other committees that the time set apart for private business should be taken u by general business.
The SPEAKEI. this Chair is of opinion that this is a private bill within the rule.
Mr. F. TH MAS. As the moriiingliourhas nearly expired, I liOpe the Gentfrom Illinois [Mr. ISGBRSOLL] will consent to with draw this bill at this time and report it on some future day. Does the Chair ecide this to be a private bill?
The SPEAKER. In the opinion of the Chair, this is a private bill, being for a cororation. The hair made a decision at some ength some days ago in regard to what should be considered public and what private bills, quoting prece cuts from the parliamentary practice of GreatBritain.
Mr. FTHOMAS. Will the Gentfrom Illinois I[Mr. INGERSOLL] consent to the suggestion made a moment ago?
Mr. FTHOMAS. The bill can hardly be read through during the remainder of the morning hour. I think the gentleman better withdraw the bill, now and report it on some future day.
Mr. INGERSOLL. I cannot corfsent to withdraw it, but I am willing that it shall go over for consideration until next Friday. I want it to be considered as unfinished business, to come ii at that time.
Mr. F. the AS. Imust ask the Speakers permission to state the peculiar characteristics of this bill.
Mr. INGERSOLL. I must object to that, as I have already consented to the arrangement that this bill should go over to next Friday.
Mr. FTHOMAS. ThenI rise to a point of order.
Mr. INGERSOLL. I desire to report another bill in regard to a hospital.
Mr. FTHOMAS. sent to withdraw the sewerage bill I
Mr. INGERSOLL. I must decline to do that.
Mr. FTHOMAS. I do not desire the bill to be before the House at all, if I can prevent it, until the parties interested can be heard before the committee.
Mr. INGERSOLL. I make the point of order that what the Gentfrom Maryland [Mr. FTHOMAS] is saying is not upon a point of order.
Mr. FTHOMAS. The gentleman will hear me through. I therefore raise the point of order, because I want the bill recommended by the committee to take the course I have indicated. Now, iq regard to the character of this bill
Mr. INGERSOLL. I raise the point of order that this is no point of order.
The SPEAKER. The Gentfrom Maryland [Mr. FTHOMAS] is stating his point of order.
Mr. INGERSOLL. I would have no objection to the gentleman going on if I did not wish to pass this hospital bill.
Mr. THOMAS. I Was about to say this is no ordinar bill; and when I have stated its character Itink the Chair will rule that this is a public
Mr. INGcEorpoSrOatLioLn. I rise to a point of order.
The SPEAKER. The Gentfrom Maryland is occupying the floor upon a point of order, and is now statin it.
Mr. FTHOMAS. Thisiill, Mr. Speaker, proposes to seize $400,000 worth of property of the Chesapeake and Ohio Canal Company. It therefore affects parties outside of the DistCol. The Chesapeake and Ohio Canal Company, under a charter granted by Congress, and by the States of Maryland, Virginia, and Pennsylvania, has made a very expensive structure at the mouth of this little streamWill the gentleman con
Mr. INGERSOLL. Mr. Speaker, is that in order I
The SPEAKER. The Chair thinks the Gentfrom Maryland is now arguing the merits of the bill.
Mr. FTHOMAS. No, sir; I am about to explain its character.
The SPEAKER. The Gentfrom Maryland raises the point of order that this is not a private bill. The Chair decides that it is a private bill.
Mr. FTHOMAS. I believe that the Speaker has not read the bill, or he would not so ecide. I so. this with great respect. TeSPEAKER. Private bills relate Generally to individuals or corporations. Mays Parliamentary Practice states that private bills “are for the interest of an individual, a public company or corporation, a arish, a city, a county, or other locality.” t must not be a general bill in its enactments, but “a bill for the particular interest or benefit of a person or persons.” Under this principle, which is laid down with a number of illustrations in the vol ume referred to, the Chair has no doubt that this bill is a private bill and can be reported on private biil day. Whether the bill should pass or not is a question for the House to determine. The morning hour has expired, and the bill goes over till next Friday. CONTESTED ELECTION.
Mr. DAWES. I rise to call up the resolution reported by the ComElectionsin the case of Follett vs. Delano. I stated to the House yesterday that if members would take the trouble to read the report I would not Occupy any time in the discussion of the case. I have no doubt that gentlemen have read the report; and I shall not therefore detain the House by any remarks in explanation of it. The case involves a question whichis of considerable importanceas a question of practice. The committee, I may alsomention, found some difficulty in settling questions of law arising in the case, but no diiliculty as to matters of fact. If the members of the House are satisfied with the positions as to law and practice embraced in the report, they will find no difficulty, I apprehend, in voting for the resolution of the committee. The resolution reported by the committee was read, as follows: Remlved, That Hon. Columbus Delano is entitled to the seat occupied by him iuthis llouse uthe Bop Representative fgom the 13th district of Ohio in the 39th Congress.
Skip Skip Mr. DAWES. If no gentleman desires to oppose this resolution, I call the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. DAWES mtRtv the resolution was agreed to; and aIso moved that the Gnotion to reconsider be laid on the table. Agreed to.
Mr. DAWES, from the ComElections, reported the following resolution; which was rea, considered, and agreed to: Resolved, that there be paid to CharlesFollott. Esq. out.of the contingent fund of the House, the sum of 81,500in full for time spent and expensesincurred in contesting the right of Hon. Columbus Delano to a seat in this House as a Representative from the 13th district in Ohio.
Mr. DAWES mtRtv the resolution was agreed to; on the table. Agreed to.
Skip Skip LEAVE or ABSENCE. Mr. HUBBARD, of WestVirginia, asked leave of absence for Mr. Lyman for one week. Leave was granted. EQUALXZLNO nOUNrrns.
Mr. SCHENCK, from the ComMilAffrs. reported a bill to equalize the beauties of soldiers, sailors, and marines who served in the late war for the Union; which was read a 1st and 2nd time, referred to the ComWhole on the state of the Union, and ordered to be printed.
Mr. SCHENCK. Igivenotice that on some early day, when members shall have had an opportunity to examine the bill, I will ask that the ComWhole on the state of the Union be discharged from the consideration of the bill, and that it be put on its passage. TELEGRAPH LINES.
Mr. ALLEY, from the comPostOffice, by unanimous consent, reported back House bill No.575, 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; which was read a 2nd time, ordered to be printed, and recommitted to the comPostOffice. PRIZE MONEY.
The SPEAKER laid before the House acom mnnication from the SecyTreasury, in reply to a resolution of the House of April 9, 1866, on the subject of prize money; which was laid on the table and ordered to be printed. CONTl ISTEDELECTION.
The SPEAKER laid before the House additional testimony in the contested election case of Koontz vs. Coffroth, which was referred to the ComElections. TAX BILL.
Mr. MORRILL moved that the rules be suspended, 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 itself into the ComWhole on the state of the Union, (Mr. DAWES in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) 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, 1804, and acts amendatory thereof. The pendingquestion wason the amendment offered by Mr. Srsvizxs to add to the paragraph in relation to cigar makers the following: Provided, That ourneymen ci armakers and apprentices whowor for otherssh 1not he considered as included within this proviso. The question being put on the above amendment, no quorum voted. Tellers were ordered; and the Chairman Jappointed Messrs. AsnLEv, of Ohio, and sx exss. The committee divided; and the tellers reported ayes 51, noes 43. So the amendment was agreed to.
Mr. STEVENS. I move to strike out the word “ 5, ” in line 1797, and to insert in lieu thereof “15, ” so that the clause shall read, “shall pay the duties on such cigars within 15 days after purchasing them.” Also, the same amendment in line 1802, so that the clause shalIread, “and any such purchaser who shall neglect for more than 15 days to pack and have such cigars duly inspected, and pay the duties thereon, ” &c. The amendments were agreed to.
Mr. MORRILL. I hope this amendment will not be adopted. There were in 1864above 63000 manufacturers in the country who were taxed for licenses. I suppose that at least 1/2 of that number manufactured less than $3,000. Therefore, if the amendment proposed by the gentleman should be carrie, it would createa arge deficiency in the revenue. It is giving an absolute bonus of 50 dollars to every manufacturer whose annual products exceed $3,000. They all sell in the same market, and if not subjected to the same tax those who are excepted have the advantage in the market. I might be very well content, living in NewEnglan as I do, where of course we shall receive the benefits of the amendment proposed by the Gentfrom Iowa in a much larger degree than those who reside in his own region. But I think it is more than we ought to concede at the present time. It would be making too large a reduction of the revenue. The law as it is, exempting $000 from taxation, gives the small manufacturers $30 advantage. I do not see why we should allow any more, for it is nothing less than aying them a bonus of 20 dollars out of the Treasury. I therefore hope the amendment will be rejected.
Mr. WILSON, of Iowa. I move to amend the amendment by striking out the last word. The argument of the chairman of the committee. that this is going to greatly reduce the revenue of the Government, is an entire fallacy. If you allow the exemption of $1,000 to every manufacturer in the U.S. it only amounts to about 3 million dollars. But this proposition is to allow it only to manufacturers whose products do not exceed in value the sum of $3,000 perannum. Therefore it will not exceed $1,000,000. But that the Gentleman says, is a bonus to the small manufacturers. Sir, that objection was not thought of when the committee voted in favor of retainin in the bill the section which allows a drawbac of 5 cents a pound on all exported cotton goods, which is a bonus to the great manufacturers of the country, those who are receiving protection under the tariff laws in addition to that of the drawback of 5 cents a ound on cotton goods exported, taking out of the Treasury, as was shown at the time by my colleague, [Mr. Abusing] who is a member of the ComWays&Means, more than 3 times the amount of money which this amendment would do in the way of reducing the aggregate amount of tax to be derived from the bill as reported by the committee. Now, sir, I think it is time for us to establish the principle that our laboring men, our small “ manufacturers, shall be relieved from this unnecessary taxation until they reach a point beyond that which is required for the support of themselves and their families. After you have passed the limit of $3,000 provided for by my amendment, then let your manufacturers he called upon. But send not the tax gatherer into all your workshops where no machines are found, where only hand labor is performed. Let them have this protection. It is nothing but equal, fair, and just, and I hope the committee will indorse it. I withdraw the amendment to the amendment.
Mr. MOP BILL. Mr. Chairman, I have sometimes indulged a hope that in the course of ayear or 2 we mightbe able to dispense with that taxation which now presses so heavily upon our home manufactures. But, sir, observing the tendency of the action of this committee, I am almost discouraged, and fear that we may not reach that happy time for some considerable period longer. I perceive that the tendency all over the House is to take such action for the benefit of individual interests as largely to reduce the amount of revenue to be derived under this bill. I think the proposition of the Gentfrom Iowa will not old when he comes to contrast it with the action of this committee in relation to exported manufactures of cotton. If anything is a fallacy, it seems to me that that portion of the gentlemans argument might Justly be socalled. It has no sort of relation to a measure of this kind. That was merely a question whether ourmanufactnrers should work or should not work, whether such articles should be made here or in GreatBritain. It was simply a question whether we shouldgive our own people employment or not. This is a question of liow innch we shall give to this smaller class of workmen. I am as sensible to their wants and requirements as any man can be. My people would receive as much benefit from this as any other. But I do think that when we have gone as far as the existing law goes, we have gone, perhaps, as far as we can well do in strict justice to all parties. If the Gentleman will consent to modify his amendment so as to exempt only $1,000, and strike out the remaipin" portion of it, I will not object to it.
Mr. WILSON, of Iowa. Does the gentleman mean by thatremark that he desires $1.000 to be exempted to all the manufacturers of the couutr?
Mr. hIORRILL. To all manufacturers who do not manufacture over the amount of $1,000 a year.
Mr. WILSON, of Iowa. Thatis the present law, and such an amendment would make no change in the law. v
Mr. MORRILL. Well, I move to strike out that portion of the gentlemans amendment.
The CHAIRMA. There is an amendment to the amendment already pending.
Mr. SLOAN. I withdraw my amendment to the amendment.
Mr. ALLISON. I renew it for the purpose of saying a word or two. The proposition in the 93rd section of the eXisting law only applies of that class of manufacturers who, themselves or by their families, produce to the amount of $1,000 by the existing law, or to the amount of $3,000 as plOVldQdin the amendment of my colleague, [Mr. Wii.so.i.] T here fore, this applies only to that class of persons who are engaged themselves in the various classes of manufactures. It does not apply to the men who employ hands, or a large amount of machinery. I think that it is a just amendment, and that the ComWays&Means ought to consent to it as proposed by my colleague. We all know that the manufacturers all over the country are protesting against this tax upon the industry of the country. it is the most obnoxious and burdensome tax we impose upon people; and I think we should relieve them of it as rapidly as we can. This is a step in the right direction; by 1st attempting to relieve the small manufacturers who are struggling to build up a business in the West as well as in the East. I hope next year we shall be able to reach a larger class, and relieve them, and levy the taxes on the luxuries of the country, upon which I believe we can raise a sufficient revenue. I trust, therefore, that the amendment of my colleague will prevail, and I withdraw my amendment to it. The question recurred on the amendment offered by Mr. Wilson, of Iowa.
Mr. MORRILL. I move to strike out from the amendment the words “whose product shall exceed such rate, and not exceed the rate of $3,000, the tax shall belevied, assessed, and collected only above the rate of $1,000 perannuin.”
Mr. HARDING, of Illinois. I am opposed to striking out the 2nd clause of the proposed amendment of the Gentfrom Iowa. [desire simplyto say, without detaining the House, thatH am in favor of his amendments. I hold, Mr. Chairman, that it is only legitimate to tax the wealth and luxury of the country. I hold it to be utterly opposed to correct principle to tax the means by which incomes are produced and also to tax the incomes. I holdlsuch a system to be unequal inits effects. You tax a small manufacturing establishment which produces only $3,000 a year, and you also tax its income. What will you do with the gentleman who sits in his office and by skill and ingenuity produces an income of $8,000 a year? What does he pay under the income tax 1 It is the production of his wealth. Wealth is able to pay taxes; poverty is not. Now, the man who produces his income from his farm or from his factory should be taxed in the same way, on the product which he returns as income, and he should not be taxed I doubt not that in addition on the ax, the hoe, the shovel, or the machine by which he works and delves to get that income. It is an inequality which is wrong. It is a tax upon the means by which wealth is produced. Now, there are exceptions to this rule. We should tax the improvident investments of men and articles of luxury and extravagance. Put your tax upon such things, but by no means put it on the means by which incomes are produced. I am in favor of exempting all plows, threshing machines, and those other machines which help to augment the resources of the countr. Here the hammer fell.] The question was taken on Mr. MoaaiLLs amendment to the amendment, and it was disagreed to.
Skip Skip The question was taken on the amendment offered by Mr. Wilson, of Iowa, and it was agreed to.
Mr. HOTCHKISSI move to strike out in line 1844. all after the words “cubic feet” down to and including the words “ cubic feet" in line 1851. I hope the chairman of the ComWays&Means will agree to that.
Mr. HOTCHKISS. Then I desire to call the attention of the committee to the peculiarity of this provision in the law. Ostensibly it seems to be a tax upon gas companies, and a tax upon them in proportion to the amount they manufacture; but when you come to read the section through, you find that it is a tax upon the consumer, and the consumer is not taxed in proportion to the amount of the article that he consumes, but in proportion to the amount produced by the company: that is to say, if you consume gas that is produced by a small company, you pay ten cents per 1,000 cubic feet; but if the company that supplies you is a large compan, that manufactures upward of 200,000 cubic feet then you must a 15 cents per 1,000 cubic feet for alfthe gas you consume. It is a very singular provision of law, and I do not know upon what principle it is based. It is for this reason that I asked the chairman of the ComWays&Means [Mr. Mos RILL] to accept the amendmentl have offered. I asked him to accept it because I did not wish to expose to this committee the absurdity of this revision. It is no answer to my objection to say that a large company can produce gas cheaperthan a small company can produce it. That is not so and they c arge the same prices that the small companies do; and any increase of expense or price is visited upon the consumer. I think that under any circumstances a tax of ten cents per 1,000 cubic feet is large enough. The large companies are located in the large towns where labor costs more and materials are more expensive; and you are breakin down these gas companies, while you are reicving every other light from taxation. You take of the tax from petroleum and coal oil, and all we now ask is thatyou shall not make the tax upon gas so burdensome upon consumers thatt ey cannot use it at all.
Mr. MORRILL. I am extremal obliged to the Gentfrom NewYork[Mr. Horen xtss} for his exceeding great reluctance to expose the absurdity of the existing law, and therefore the absurdity of this bill and I am as reluctant as he can be to do anything of the kind, to exose the absurdity of his argument.
Mr. MORRILL. If the gentleman had studied the subject so as to understand it, he probably would not have made this motion. his subject underwent a thorough examination 2 years ago by the ComWays&Means. We had before us the representatives of gas companies from all parts of the country, from Cincinnati, Chicago, Philadel phia, NewYork, and from many other towns and cities. The bill prepared at that time was based upon the information we derived from those men who knew something about the manufacture of gas. We ascertained then that the smaller companies could not manufacture gas so cheaply as the larger ones in any of those places, and that there must be a difference in the amount of taxation we imposed upon them, or it would not bear equally upon the different companies and not only all the smaller companies but the larger companies agreed that the different rates proposed by the existing law were correct and properin them Ielves. I trust, therefore, that the amendment of the Gentfrom NewYork [Mr. Horcu KISS] will not prevail. The amendment of Mr. Horenmss was not agreed to.
Mr. MOORHEAD. Cannot the companies which produce gas in large quantities, produce it so much cheaperthan the small companies that the consumer can afford to pay the additional tax?
Mr. STEVENS. The consumer pays all the tax.
Mr. STEVENS. He does not get it any cheaperin the end, if you add a tax to it, because it can be made more cheaply.
Mr. MORRILL. I shall be compelled to refresh the memory of my friendfrom Pennsylvania, Mr. STEVENS] who has been so busy upon the ommittce on Appropriations that he hardly recollects the reasons for this provision. Of course it will be seen at once that it is not necessary to put this provision in the law in regard to any manufacturer that is not in some way limited by local law as to price. Of course the manufacturer of any article, whether it be gas or anything else, can charge the private citizen whatever he pleases.
Mr. STEVENS. Then why not strike this out?
Mr. MORRILL. I know many gas companies that have not raised their price at all since this tax was imposed, but they have paid the ltar: notwithstanding the increased price of con. But this provision meets only such cases as these: many cities and villages have chartered companies with the exress limitation that they shalrfurnisb the gas or street lamps at a rate named in the charter, and the price of coal having more than doubled within the last 3 or 4 years they have been compelled to manufacture gas not only at a loss but to pay the tax upon the amount consumed for mom cipal purposes, and this provision is intended only to remove the difficulty these companies will labor under if this provision is not inserted in the law. It is a proper and necessary provision, and should not e stricken out.
Mr. LEBLOND. I move. proformd, to amend the amendment by striking out the last word.I trust that the motion to strike out this clause will prevail, for 2 reasons. 1st, I think it is of but little consequence whether this provision is retained or stricken out, so far as the action of these companies is concerned, for it is very apparent that the companies will charge the tax upon the consumer in the end. The consumer will have to pay it. It will not come out of the company. Another reason why this clause shoud be stricken out is, that I do not conceive this COn gress has authority to say to these companies in the respective States, “You may charge this tax upon the consumers.” This is amatter that should be left to the States alone. All that this Congress can ask is. that the States pay the amount with which they are assessed in this particular. leaving the States to regulate the rest.
Mr. EGGLESTON. I agree fully with my colleague in his remarks in reference to the propriety of striking out the clause which has been referred to; and I also concur in the remarks of m distinguished friendfrom Pennsylvania. Itink that the ComWays&Means have certainly been in error in reporting this bill in this s ape. I think that the gas companies in all the cities of the U.S. have been making money enough to enable them to pay this tax themselves. will say to the chairman of the committee, that so far as the cities of the West are concerned, in almost all cases, so far as my knowledge extends, the payment of this tax is imposed by the companies upon the consumers, private and public. In many cities the gas companies have contracts for ten, 15, or 20 years, and their stock is selling at 2 or 300%. above par; yet they collect this tax from the consumers, whether individuals or municipal corporations. This is certainly wrong. Let me put a case. Suppose that a gas compang makes a contract with the city of Cleve an to furnish gas to that city for 15 years at a certain price. Under the provision of this bill the company will add the tax to the price of the and they will collect it bylaw. This is decidedly wrong. We make no such provision in reference to other taxation. Other manufacturers are not thus provided for. We must remember that gas companies are nio nopolies. When they get a contract to light a city they get an exclusive contract. They will not take a contract unless they get it for the entire city. I believe that these companies should have no greater privileges than individuals engaged in any branch of manufacturin.
Mr. LE BLOND. I withdraw the amendment to the amendment.
Mr. GRISWOLD. I renew it. I desire, Mr. Chairman, to correct a statement made by the Gentfrom Ohio, [Mr. Eocmsrox, who has just taken his seat. I cannot say what may be the financial condition of gas companies in the State which he so well represents here, but so far as regards those in my own State I venture the assertion that, instead of being highly remunerative to the stockholders, 5 out of 6 of those companies, during the last 5 years, have not made dividends equal to the legal interest on the capital invested. Let me suggest, also, to my venerable friendfrom Pennsyvania, [Mr. Srnvnus] that the price of the gas made by these different companies is in proportion to the amount of gas they make and the cost of manufacture, just as much as in regard to any other article of manufacture. I desire to say to him, further, that in most cases the gas companies in the State of NewYork are restricted as to price by their charters; and I know of my own knowledge that within the last 5 years not only have those companies been unable to declare div idends, but if they had not had the option of adding this tax to the price charged for gas they would have. been obliged to Edis continue business. It is literally true that gas coin panics, instead of being highly remunerative associations, have, within the last 5 or 6 years, been among the least remunerative corporations in the country. I withdraw the amendment to the amendment.
Mr. DODGE. I move to amend by inserting after the word “companies” in line 1863 the words “whose rate of charge is restricted by charter;” so that the clause will read: and all gas companies whose rate of charge is restricted by charter are hereby authorized to add the tax imposedby law to the price per 1,000 cubic feet on gassold.
Mr. GRISWOLD. The amendment of my colleague maybe very well, so far as it goes; but most of the companies in the State of NewYork are to a certain extent, if not entirely, restrained by their charters in reference to the price they may charge for gas. In many cases, for instance, where a charter is granted by a city, the company is bound during the contin quance of the charter to furnish the city with gas at a stipulated price, that price in most cases merely covering the cost, and being some times less than the cost of manufacture.
Mr. LEBLOND. I would like to ask the Gentfrom NewYork [Mr. Gmswot.n] one question. In cases where the authorities of the respective States in which these gas companies are located have fixed the priceto be paid, does the gentleman propose y such a law as this to override the action of the States?
Mr. GRISWOLD. I propose that we shall do in regard togas companies just as we do in reference to any other manufacturing compa nies. When our internalrevenue law was enacted it provided specially that where contracts as to price had been made the party making the contract should have a rightto add the tax.
Mr. LEBLOND. I would like the gentleman to state whence, in his view, Congress derives the power to override the action of States in matters of this kind.
Mr. GRISWOLD. Let me say to the Gentleman that I do not conceive that the question of State rights has anything to do with this matter.
Mr. LEBLON D. Well, I think it has everything to do with it.
Mr. MORRILL. I desire to say merel a word or 2 lest the House should he led astray by the statements as to the immense profits of these companies. Iam somewhat acquainted with the history of quite a number of these corporations in the U.S., and I am satisfied that but few of them have made large profits. One company in NewYork, the Manhattan Company, another in Boston, and I believe one or more out West, have made large profits; but, taking them generally, throughout almost the whole country, you can buy their stock at less than ar. Mr. Chairman, in relation to the provisions in this respect of the bill now before us, I think that we had better leave them as they are. It is not contended that the amendment proposed will affect the price of gas to the ordinary consumer. With regard to ordinary consumers the companies, whether this clause be in or out of the bill, will have the same right to add the tax or not, as they deem proper. The effect of the provision in the bill is simply this: that where in cities these companies are bound by their charters, or by requirement of law, to tiirnish gas at a certain rate, they are allowed to add to that rate the amount of the tax.
Mr. EGGLESTON. I move proformal to amend the amendment of the Gentfrom NewYork [Mr. DODGE] by striking out the last word. I desire to correct a misapprehension into which members may have been led by someof the statements which have been made. It has been said that the price charged by these companies has in many cases been so low that they could not realize an profit. My friend on my left [Mia GRISWOLD says that the price in his city is 4 dollars per 1,000 feet. Now, I undertake to say that gas can be furnished in his city for 3 dollars for 1,000 feet, and still give an immense prohtto the company manufacturing it. The distinguished chairman of the committee states, as I have understood him, that in the eastern cities the gas companies are so be nevolent toward the consumers that they actu ally refuse to add this tax to their bills. Then, again, he tells us that the stock of these companies is not remunerative that the companies are poor. If this be the fact, all I can say is that they are model cerporations. I believe that we should now place a firm hand upon these monopolies, and say to them that they shall pay their proportionate share of taxes as well as individuals who do business as manufacturers. When on say to the plow maker and to the maker O reaping machinesthat they shall not add the tax to the cost of manufacture you ought not to give to the gas compa nies the power to add it to their manufacture. I know what I am talking about. I know that the stock of gas companies in Ohio is worth 200%., and yet in every instance they put the tax on their bills. I want it taken off. [Here the hammer fell.]
Mr. CONKLING. The theory on which this section is based no doubt is this: that the great gas companies, the very extensive manufactu rers of gas, can make that article cheaperthan the smaller companies; that because they can make it cheaperthey will do so; that the price of gas in the large cities will therefore be less than in the smaller cities; and further, that for the same reason the consumer can afford to have the great companies paya larger tax and yet the net cost to him not be as great as it would be if the smaller companies supplied it, paying a less tax and incurring a greater cost in the manufacture of gas. That, I think, is a fair statement of the theory upon which this section is based. Now, what is the fact in practice? Surely we all know certainly my colleague knows that in the city of NewYork the gas consumer ays a larger rice than we pay in the city of Iltica. I fin it to be the fact in practice that the great gas companies charge a higher price, and then they take the tax which they have to pay, without even disguising it in name, and put it in so many words upon the bill, so much in addition for taxes, and the consumer pays it. Now, unquestionably this is a great evil, and I think the amendment of the Gentfrom Pennsylvania [Mr. Srsvess] looksin the right direction; and I think the amendment of my colleague [Mr. Dones] would be better if in place of saying “ where the rate is fixed by charter” he would modify it by saying “where it is restricted by law.”
Mr. EGGLESTON. withdraw my amendment to the amendment.
Mr. DAVIS. I renew it. I desireto say that I believe under the present law no great injustice is done to anybody and I believe I know something about the manufacture of as. I. think my colleague [Mr. CONKLING] is mistaken when he says that he pays less for gas in the city of Utica than he won d have to pay in the city of NewYork. My impression is that gas costs a dollar 1,000more in the city of Utica than in NewYork. It certainly costs more in Syracuse, and I presume it must in Utica. In NewYork the price is limited by the charters of the respective companies, and they have been appealing in vain for the last 2 or 3 years to the Legislature for authority to increase the price to the consumer, because they were unable to paya dividend on their stock. The Manhattan Company, in NewYork city, it is true, as was said by the chairman of the committee, has been prosperous. But why? Because in 1861, anticipating the great trouble which we were to have in this country, they bought 3 or 400,000 tons of coal in England, and imported it at a low price. Consequently they have had this large amount on hand, and have been able to manufacture at the old price, while companies not thus restricted have raised the price one or 200%. I wish to say a word in reply to a suggestion made by the Gentfrom Ohio, [Mr. LEBi.ox1 ] who asks whether we have power to make this provision, as it now exists in the law. I believe that in regard to every contract of this nature, and every tax of this nature, the national Government is supreme. The Government has the power of taxation, and no State has any authority to say to the national Government that a tax levied for national purposes may not be repaid in some way to the company or to the party who pays it.
Mr. LEBLOND. If the gentleman will allow men moment, I do not question the right of Congress to tax, but I do question the right of Congress to say that this tax that we have levied shall be charged over against the consumer and thus increase the rate that he is required to pay by the amount of the tax that the Government levies, when the States themselves mny have limited the price that those contracters shall furnish gas. You simply do away with the law of the States in that matter, and it does not reach the question of the right of Congress to tax at all.
Mr. DAVIS. The gentleman then puts it on the ground that there is no authority under the Constitution to impair the validity of a contract. That proposition I deny. [Here the hammer fell.]
Mr. DAVIS. I withdraw the amendment to the amendment. The question recurred on the amendment offered by Mr. Donos, as modified at the an 3 gestion of Mr. Commerce, to insert the wor s “ whose rate of charge is restricted by law” so that the clause will read, “and all gas compa nies whose rate of charge is restricted by law are hereby authorized to add the tax imposed by law to the price per 1,000 cubic feet on gas sold;” and it was not agreed to. The question recurred on the motion of
Mr. Srsvsxs, to strike out the aragraph.
Mr. LAWRENCE, of (Ohio.) I move, proformd, to strike out the last word. This proposition, it seems to me, is very objectionable as it stands in the bill. In name it proposes to tax the gas companies when in fact it exempts them from all taxation. It is a delusion and a fraud upon its face, and it is a kind of legislation which we ought not to encourage. I do not quite agree with my friendfrom Ohio, that we have not the power to provide by law that this tax may not be added to the price of gas. I suppose that the high power which Congress exercises in enacting a tax law is sufficient to enable us to frame any provision which may be necessary to make the tax effectual, and if it be necessary to provide by law that the tax may be added to the consumer we have power to do so and while we have power to do that we have power also, it seems to me, to say it shall not be added. What I want to propose and I will suggest it to the chairman of the committee is that instead of strikin out this clause we strike out these words, “an all gas companies are hereby authorized, ” and to insert “and no gas company shall;” so that it will read: and no gase ompanyshall add the tax imposed 1:; law to the price per 1,000 cubic feeton gassol. Then if it is found that gas companies do not make dividends, let the Legislatures authorize them to increase the price. But let us not by law profess to levy a tax on gas companies when in fact we are doing no such thing, but exempting them. [Here the hammer fell.]
Mr. MORRILL. That would be a very sin gular proposition, and one for which I do not suppose anybody intends to vote. The proposition to strike out this part of the law authorizing a company to add the tax will not benefit the consumers, for whatever amount of loss from corporations they will be subject to on that account they will be likely to add to the price charged to consumers of their gas. I move that the committee rise to terminate debate on this paragraph. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. DAWES 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 teHouse No. 518, to amend an not entitled “ An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr.MORRILL. I move that when the House resolve itself again into ComWhole, debate on the paragraph under consideration be terminated in 5 minutes. The motion was agreed to. ORDER OF PROCEEDING TOMORROW.
Mr. SCHENCK. I move that tomorrowbe appropriated to the usual debate on the Presidents message. The motion was agreed to. TAX BILL AGAIN.
Mr. LAWRENCE, ofOhio. amendment to the amendment. I withdraw the the question recurred on the amendment propose by Mr. Lawaexcs, of Ohio, and sing put, it was disagreed to. The question then recurred on
Mr. STEVENS motion to strike out the entire clause; and being put. it was agreed to.
Mr. HOTCHKISS. I move, in line 1846. to strike out the wI ord “ ten" and insert in lieu thereof “ 5. ” do it for the benefit of the small companies, which the chairman of the ComWays ind Means has conceded cannot live under the sent tax. The amendment was not agreed to.
The Clerk read as follows: On illuminating. lubricating or other minernloils, marking not lessthan 36 nor more than 59 degreesBaumesliydrometer, the product oft ic distillation. reilistillation, or refining of crude iotro loum. 20 centspergallon; and all coal oi s between the specificgravity, by the Banmes test, of 36 and 59 degrees inclusive, shall be deemedrefined illuminating coafoil, and any person or personswho. for purposesof"sale or consnmtion, shall mix any of theiicaviest paraHincoils with the refined illuminating oils, 01With the naphtha, or either one with the other, shall be deemedmanufacturers of coaloil and mustbe duly taxed in;such.n.iid said oil thus mixed. either With or without further distillation, shall pay the tax ofilluminating, refined coal oil, if after said runningor distillation said oils mark by Baumes hydrometer between said points of 36 and 59 degrees.
Mr. MORRILL. I move to strike out all after the word “gallon” in line 1882 down to the end of the aragraph, and to insert in heu thereof the followuig: and all such oils between the specific gravity by Baumestes t of 36 and 59 degrees, in ealnuysive shall be deemed refined illuminating oil, and person or persons who, for purposes of sale or consumption.s all mix any of the heavwr purnfliuo oils with illuminating oil or with naphtha, or either one with the other is all be deemeda manufacturer of illuminating oil, and taxed as such, and said oil thus mixed. either with or Without further distillation shall besubjectto a tax of 20 centspergal lon. if after said mixing or distillation the rodu ct marks by Ilaumes hydromcter between t a said points of 36 and 59 degreesinclusive. The amendment was agreed to.
Mr. SCOFIELD. Imove to strike out in line 18 82 the word “ 20, ” and to insert “ten” in lieu thereof; and also to strike out the word “ 20 ” in the amendment just adopted and to insert “ten” in lieu thereof. Mr. Chairman, when this tax upon rock oil was imposed 2 years ago, ten cents a gallon was the amount fixed upon it. It was considered at that time a very high tax; and, as compared with the tax imposed upon gas, it would e a very high tax now. Last year the tax was doubled. hIy amendment proposes to go back to the tax 1st levied upon this article 2 years ago, and place it at ten cents pergallon. If you make it 20 cents a gallon, you make it more than double the tax imposed on any other illuminating substance by this bill. In the clause that immediately follows the tax on coal oil is only ten cents pergallon, and the tax on the same amount of light derived from gas is not more than half the amount of the tax imposed on this substance. We must remember that this is 8h article consumed altogether by the poorer classes of society; and that it is in itself a moralizer and enemy of vice and crime. I think the committee ought to consent that this tax upon light should be reduced to ten cents perallon. For one, I would make the tax upon light so low that the humblest dwelling of the oorest man in the land could be made cheer ul and nice; so that when he returns from his days labor, instead of stopping at the gas lit gro cery he may come home, bavinga few cents left with which to purchase a paper, and sit down, and look upon the questions pendin before Congress, so that he may censure by is vote his member if we impose too heavy taxes upon him.
Mr. MORRILL. I hope the gentleman will be content with his motion as we are content with his speech, and will not press it to avote. The motion is to reduce the tax on petroleum one half, and, of course, to reduce the amount of revenue from that source.one half. It will be recollected that when this tax was 1st imposed it was the intention to obtain a large amount ofrevenue from this article on the ground that it was a better and cheaperarticle for light than anything else that could be obtained. We have not been deceived in that respect. It is an article that competes with everything else. There is no article that gives a more beautiful light, neither oil, tallow, nor gas, that can be affored so cheapl. I must remind the committee, also of the diet that we have already relieved crude petroleum from any tax. It was exempted by a special bill, and it is also exempted in this bill. I trust the gentleman and his constituents will be satisfied With that, and that this amendment will not prevail.
Mr. Sooriizpns amendment, and it was disagreed to.
The Clerk read as follows: On illuminating, lubricating or other mineral oils marking not less than 36 nor morethan 50 niiieile recsBnunieshydiomcter.the exclusive product of this relinin of orude oil producedby asingle distillation of con., shale, asplialtuin, peat or other bitumine us substance, not otherwise provided for, ten centspergallon.
Mr. MOORHEAD. In line 1898 I move to strike out the words “a single.” Those words are improperly there and ought to be stricken out.
Mr. GARFIELD. That is right as it stands.
Mr. MORRILL. I am not aware that that expression is wron;I have received no information but what tiose words should remain. As I understand it, it is right as it is. i
Mr. GARFIELD. Asingle distillation from coal is called crudeoil. The point in this whole paragraph is to levy a lighter tax on oil produced from coal when refined and in order to make this tax correspond with the tax on Crude petroleum, we say that oil refined from crudeoil made by a single distillation of coal shall bear a burden of only ten cents pergal lon; whereas that refined from crude etro leuin shall bear a burden, as provided in the paragraph above, of 20 cents. I think the aragrapli is right as it stands. ME. MOORHEAD. I withdraw my amendment.
The Clerk read as follows: On oil, naphtha, benzine, benzolc, or gasoline marking more than 59 degreesBaumes hy drometer.the product of the distillation, redistillu tpioron d.uocrerdefibnyiansgi negflocrude petroleum, or of crudeoil distillation of coal, shale. pent asphaltum or other bitumine us substances, a tax of ten cents pergallon; Provided, That distillers and refiners of illuminating, lubricating or other mineral oil, naphtha, benzme benzolc, or gasoline, shall be subject to all the provisions of law up licable to distillers of spirits. with regard to specia taxes. bonds. returns, assessments removing to and with drawnig from warehouses. liens, penalties, draw bpaucrpkos.seand all other proVisions designed for the of ascertaining the quantity distilled, and smeacyu.ripg the payment of duties. so far as the same in the judgment of the ComrIntRev and under regulations preseribed by him, be deemednecessaryfor that purpose.
Mr. SPALDING. I move to amend this paragraph by adding to it another proviso, as follows: Pro/aided further. That distillers and refiners of coalormineral oil, whose reductionshall not exceed 25 barrels peray on a monthly average, shall not be required to make returns oftener than oncein 30 days. I will explain in a few words the object of this amendment, which is for the purpose of accommodating the smaller refiners. As the law now stands they are required to make a return once inten days. Heavy capitalists can bear that, but the smaller refiners should not, I think, be required to report oftener than once in 30 days., Mr. GARFIELD. I think the amendment of my colleague [Mia SPALDXNG] is a properone. The amendment was agreed to.
The Clerk read as follows: On spirits of turpentine, ten centspercallon. No amendment being offered,
The Clerk read as follows: On coffee, roasted and all articles inteltdfid{oruse as substitutes for coffee or for the udulici utionof coffee, and all compoundsand mixtures preparedfor sale or intended for use.as coffeeor asa substitute for coffee when roastedand preparedfor sae.but not ground nvhctherofdomcstic manufacture or imported, a tax of one cent perpound.
Mr. MORRILL. I move to strike out this aragrapli, and insert in lieu thereof the following: On eoffco.roastedor ground, ground spicesanddry mustard and on all urticlcsintended for useas substitutes for or as ndulterations of coffee.spines or mustnrd and upon all compounds and mixtures prepared for sale or intended for use or sale as orifice. spices, or mustard or ns substitutes therefor, one cent perpo nd: provided. That the exemption of $1.000of iinn nl value of productions manufactured shall not apply to any oft O above specifiedarticles. The amendment was agreed to.
The Clerk read as follows: On molasses produced from the sugar cane and not from sorghum or imphee, a tax of 3 cent I pergallon. No amendment being offered,
The Clerk read as follows: On sirup of molassesor sugar cane juice. when removed from the plantation. concentratedmolasses or melado and cistern bottoms.of sugar produced from the sugar cane and not made from sorghumor imphce. a tax of 3/4ths of onecent perpound.
Mr. STEVENS. I would suggestto the chair man of the ComWays&Means [Mr. MURRILL] that there ought to be some provision made in this bill to prevent the imposition of a tax upon sugar or sirup made from other things than those herementioned.
Mr. MORRILL. The revision the Gentfrom Pennsylvania FMr. STEVENS] indicates will more properl come in when we reach that part of the bifi reating to articles exempt from taxation.
Mr. STEVENS. Imentioned this because by a very absurd construction of the low, a though we specified in the old bill what kinds of sirups and sugar should be taxed, the Dept held that a manufacturer of sugar or sirup from corn stalks or other articles not herementioned should be taxed.
The Clerk read as follows: On sugarsnotabovenumber 12 Dutch standard in color. produced from sugar cane and not fromsnr ghumor imphcc. other than those producedby the refiner, a tax of one cent perpound. No amendment being offered,
The Clerk read as follows: On sugars above number tweevs and not above number 18 Dutch stander in color. produced directly from the sugar caneand not from sorghum or imp ee.a tax of one and 1/2 cent perpound. NO amendment bein" offered,
The Clerk read as follows: On sugar above number 18 Dnteh standard in color. produceddirectly from the sugar cane and not from sorghum or implies, a tax of 2 centsperpound. No amendment bein offered,
The Clerk read as fo lows: On the grossamount of the salesof sugar refiners. including all the rodncts of their mnnufactoriesor refineries. a tax O 2 and 1/2 of 1%. (Ill vulnrem: Provided That every person shall be regardedasa sugar refiner and pay the taxes levied by law. Whose business it is to advance the quality and value of sugar upon which a tax has beenpaid. by melting and recrystallization. Or by liquoring.clay )ng or other washing process or by any other chemical or mechanical means or who shall advance the quality or value of i nolusaos concentrated molasses. 9r ine latkp. upon which a tax has been paid. by boiling or other process.
Mr. MORRILL. I move to amend the proviso by striking out the word “levied and inserting the word “required” after the words “and pay the taxes.” The amendment was agreed to.
Mr. MORRILL. I move to insert the words “or duty, ” after the word “tax” near the close of the paragraph. The amendment was agreed to.
Mr. GARFIELD. I move to amend this paragraph by striking out the words “by boiling or other process” at the close of the pura graph, and insertin the same words before the words “advance toquality or value of mo lasses, ” M. The amendment was agreed to.
Mr. STEVENS. There is one phrase here which I do not know that I understand, and I rise to inquire the meaning of it. The 1st sentence of this paragraph reads: 0n the grossamount of the salesof sugar refiners. inrluding all the productsof their monufactories or refineries.a tax of 2 and 1/2 of 1%. vulorem. What is meant by “a tax of 2 and one hallof 1%. advalorem f” How much is that upon 100 dollars?
Mr. MORRILL. I think that is as plain as the English language can make it. It is 1/2 as much as 5%. This is the usual phrase employed in bills of this character.
Mr. HOOPER, of Massachusetts. I think if it means “ 2 and ahalf%., ” it would be better to have it say so; and I therefore move to amend this paragraph accordingly.
Mr. MORRILL, The gentleman Will use that 1/2 is the half of something. The half of what? The half of one. I believe this is strictly accurate as it is now.
Mr. HOOPElt, of Massachusetts. I Will withdraw my amendment.
The Clerk read as follows: On sugar candy and all confectionerymadewholly or in part of sugar, valued at not exceeding 20 cents per pound. a tax of 2 cents or pound; excceding 20 and not exceeding orty cents perpound. a tax of 4 centsperpound: when exceeding 40 cents perpound or sold by the box, pack age or otherwise than by the pound.a tax of10%. advalorem.
Mr. ALLISON. I move to insert afier the words “not exceeding 20 cents perpound” and the words “notenceeding 40 cents perpound” the words “ including the tax.” The amendment was agreed to.
Mr. RANDALL, of Pennsylvania. I move to insert as a new paragraph the following: On free trip passesover railroads conveying pas senxers by steam. there shall be a ton cent stam amxod to ouch: on all six months passesover suoii railroads there shall be affixed to each stamps amounting to $2 50; and on all annual free passes sotvaepr ssuch railroads there shall be ailixed to each amounting to 5 dollars. I desire to state. in support of this proposition, that free passes are a luxury. [Laughter.] I suppose no one will contradict that. Moreover, it is a source of revenue which the ComWays&Means have failed to reach and let mesay further, that gentlemen who suppose that this provision will not raise a considerable revenue are very much mistaken. I am credibly informed that the railroad passing through my State issued, during a Single year, annual passes to the number of 4000.
Mr. RANDALL, of pennsylvania. o, sir; I have not. But if I had I should be willin to have it taxed. By this provision you would realize from that road alone a revenue to the Government offrom 20 to 25,000 dollars. I think that, as we are puttinga tax upon every other article of use or comfort, this article ought also to be taxed. I hope the Gentfrom Vermont [Mr. MORRILL] will not objec! to it.
Mr. MORRILL. I am not prepared to say whether I am op osed to it or not. But I should object to its being inserted here, because this portion of the bill does not relate at all to stamps. It will come in more appropriately when we reach the part of the bill relating to stamps.
Mr. RANDALL, of Pennsylvania. I am very willing to withdraw my amendment now and offer it where the Gentfrom Vermont has indicated. I am, however, very glad he sees the propriety of it. The clerk read as follows: On chocolateand cocoaprepared, a tax of one and ahalf cent perpoun. No amendment bein offered,
The Clerk read as followa: On gunpowder and all explosive substancesused ibr mining, blasting. artillery or sporting purposes, when valued at 38 cents peround or less. a tax of 5%. ml valorem, an when valued at above 38 cents perpound. a tax of ten centsperpound.
Mr. MORRILL. I move to amend this paragraph by inserting the wards “ including the tax after the words “when valued at 38 cents perpound or less.” The amendment was agreed to.
Mr. MORRILL. Imove toinsert the words “including the tax” after the words “valued at above 38 cents perpound.” The amendment was agreed to.
Mr. THAYER. I move to amend this para graph by inserting the words “ gun cotton” after the word “ gunpowder.” There are 2 classes or descriptions of gunpowder embraced in this paragraph; the common or ordinary powders which are used for blasting purposes, subjected to a tax of 5%. advalorem; and the powders that are subjected to a tax of ten cents perpound, which embrace the fancy case or otherwise. powders, such as sporting powder, powder for re works, kc. Now, n cotton, I believe, is used almost exclusive for blasting purposes, and I think it should e placed in the ivision embracin the exlosive substances, which are subjected to the lighter tax. It costs to produce it more than 38 cents perpound; and unless my amendment is adopted it will fall under the 2nd class, and be subjected to a tax of ten cents perpound. I hope there will be no objection to it.
Mr. GARFIELD. Ifgun cotton costs more than 38 cents perpound it Will not be freed from the higher tax by inserting it where the gentleman proposes, for that portion of the paragraph relates to exploaivo substances that cost less than 38 cents perpound including the tax. liIi. MORRILL. If the Gentfrom Pennsylvania [Mr. Tunas] considers his proposition on important one, I think he better embrace it in an independent paragraph, to be inserted; and thenmove to amend this paragraph by insorting after the words “explosive su stance” the words “not otherwise provided for.”
Mr. GARFIELD. It is suggested that the gentleman can accomplish his purpose by moving to insert the words “ and gun cotton” before the words “ a tax of 5%. advalorem."
Mr. THAYER. I will modify my amendment to that effect. The amendment was agreed to.
The Clerk read as follows: On varnish or japan. madewholly or in part of gum copnl, or other gumsor substances. a tax of 5 por cent. advalorem. NO amendment bein offered, The Clerk readas fo lows: 0n glue and golntinc of all descriptions. in the solid state. a tax of onecent perpoun. No amendment being offered,
The Clerk read as follows: On glue and eement, madewholiyor in part of glue. to be sold in the liquid state.a tax of 40 centspergallon. No amendment being offered,
The Clerk read as follows: On ins. solid head or other, a tax of 5%. adon rem. No amendment was offered.
Mr. MYERS. I move to insert the following as an additional paragraph: On lain photographs.ambrotypes.daguerreotynes or at or pictures by the action of light a tax of 5%. advalorem. I presume there will be no objection to this amendment. I had understood that the chairman of the ComWays&Means [Mr. MORRILL] was to have reported it. I will wait to hear from him if there is any objection to it.
Mr. MYERS. I would like to hear what the objections are. If the gentleman declines to give them. then Iwill state in a few words why 1 think this amendment should be adopted. These photographs are really works ofart and ought to be exempted from taxation, as other works of art are by a subsequent section 0 this bill, which also exempts books, maps, charts. productions of stereotyiers, clectrotyp ers, lithographers. engravers, c. The photographers. however, do not ask to be entirely exempted from taxation. But the tax of 5%. advalorem which I propose will be a smaller tax than the one now imposed. It is a reduction to which I think they are entitled. In the next place, it is absolutely an advan tage that we should do away with stamps upon" photographs, both for the protection of the in" tercsts of the public and the interests of the phuf tographers. Every gentleman in this House who as had photographs taken, or who has examined them, knows that the canceling of these stamps also tends to deface the photo graphs when they are packed together in:1; Generally speaking. pho togmphers do not affix these stamps and cancel them until the photographs ordered are called for, and in that case the porch 1:, after he has taken them away, often findst tthe front or face side of the picture is somewhat marred by the stam s attached to the reverse side of the picture aid against it or the mark of the ink with which it is canceled or defaced. But in othe cases, where the pictures ar. but up before and, the injury falls upon the dp oto ra her, who loses all the pictures thus eface. l
Mr. Chairman, there is 9 those engaged in this business a very goiicraludemand for the adoption of such a provision as I now propose and I had understood that the committee would favor it. There are, probably, 20,000 photographers in the U.S. They are men generally well known to the communities in which they do business, and honorable, and their returns of sales will be as reliable as those of any other citizens. I understand that the chief objection made to this proposition is based on the fact that there is a small number of traveling photorapliers from whom the tax might not be onlected if we should do away with the provision requiring stamps to be placed upon the pictures. But, sir, these traveling pliotofiraphers are by e very provisions of this bill iilmost exempted from taxation. Frequently the photographs made by men of this class are of so small a size that stamps cannot be affixed to them, or they are furnished at so low a price as to be exempt under a subsequent provision of this bill. Be sides that, sir, the number of this class is extremely small as compared with the number of these who do a regular business in some fixed place, and if they attempt to defraud which they are no more likely to do than others detection is tolerahly sure to fellow. The amendment which I propose contemplates nothing more thansimplejustice to the photog raphers, while it would also be of great advan tage to the public.
Mr. MORE ILL. Mr. Chairman, probably no tax provided for in this bill is more just than that which the Gentfrom Pennsylvanial proposes to remove; and there is no casein which there is greater reason for requiring the affixing of a stamp, if we mean to realize any revenue. The gentleman speaks of the small number of the traveling photographers. Let me say to him that these are as 50 to one compared with those who have fixed places of business and from these traveling photographers we should derive no revenue Without such a provision as that which he proposes to strike out. It is true that we do propose, in another part of this bill, to exempt from taxation “ photographs or any other arm picture. being copies of engravings or works O art, when the same are sold by the producer at wholesale at a price not exceeding ten to 15 cents each, or are used for the illustration of books, and on phe tographs so small in size that stamps cannot be affixed.” This provision is intended to refer to small photographs, some of which are not larger than the ordinary quarter of a dollar, and seine even smaller. These we repose to exempt entirely. But as to those of arger size, which are taken upon papersuch photographs as the gentleman buys fer himse f and for his beautiful children the gentleman of course is not unwilling to pay for them. There is a very large sale of these littlesouvemrs, and of course they yield a large revenue. As to the suggestion that these works are injured by the cancellation of the stamps, I must say that that does not necessarily follow. When ordinary care is taken there is no diffi unity in drying the ink withoutinjuring the pictures. It is only when the stamps are cun eeled in a rough and hurried manner as, for instance, by throwing sand upon the ink that any innry can result. If time is allowed for the in to dry or the usual soft paperis placed between the cards, no difficulty can arise.
Mr. MOllltILL. I have merely. to say that these photographs are articles of luxury, and those who purchase them can afford to pay the tax.
Mr. MYERS. I withdraw the amendment to the amendment. On agreeing to the amendment, there were ayes 20. noes not counted.
Mr. MYERS. I withdraw the amendment for the present.
Mr. "HAYER. I desire to call the attention of the committee to the fact that in the amendment which was adopted in regard to gun cotton the objectwhich the committee contemplated was not accomplished, and it is necessary to make an addition. I trust that by unanimous consent the committee will revert to that paragraph, in order that the necessary amendment may be made.
The CHAIRMAN. Is there any objection? There was no objection; and Mr. THAYER moved to amend by inserting, before line 1964, the following words: “on gun cotton a tax of 5%. advulcrem.” The amendment was agreed to.
Mr. THAYER. A slight additional amendment is necessary, and I move toamend by inserting after the word “purposes, ” in line 1965, the words “not otherwise provided for.” The amendment was agreed to.
Mr. MORRILL. I move to amend by striking out in line 1975 the words “to be.” The amendment was agreed to.
The Clerk read as follows: On se rews, commonlycalled woodse rews, 0. tax of 10%. or!valor em. 0n clocks and time pieces and on clock moro ments, when sold without being cased, a tax of live%. ml calm em. On all soapsvalued at above 3 centsperpound, not perfumed.andon salt water sea. madeofcocoa nut oil, a tax of 5 mills perpound: On all other perfumed soupsa tax of 3 cents perpound. On all uncompounded chemical productions. not OllHQTWISB provnled for. a tax of 5%. v“ 011)". On essentialoils of all descriptions atax of 5%. ml calm em. On nll furniture or other articles made of wood. sold in the rough or unfinished, not otherwise provided for, a tax of 5%. all calorem: romded. Thatall furniture or other articles madeof wood. previously assessedand a tax paid thereon shall be assesseda tax of 5%. advalorem upon the increasedvalue only thereof when sold in a finished condition. 0n salt, a tax of 3 cents per100 pounds.
Mr. PLANT. I move toamend by striking out the following: “on salt a tax of 3 cents per100 pounds.” Mr. Chairman, I make this motion because, as I believe, such a tax as this on ht not to be imposed upon the article of salt. this an article of prime necessity. I represent a district 9foliio in which prett much all the salt made in that State is mean actnred. I am familiar wnh the condition of that branch of industry there. I know that during the last year a furnace costing some 30,000 dollars, and manufacturing 20,000 bushels of salt permonth, paid an intermfl revenue tax of $700 permpnth about 8,000 dollars a year; while at the same time the manufacture of the salt, conducted in the most econom ical manner, cost more than the market value of the article. The consequence was that a furnace of that kind, running through the year paid to the Government about 8,000 dollars internalrevenue tax, and found itself at the end of the year so much in debt that it was obliged to suspend; so that the Government gets nothing for the present. Mr. Chairman, I think t iat an article of such prime necessity ought to be relieved from tax so far as possible. As matters have stood heretofore, the manufacture of salt c euld not be carried on with any profit, and it has in many cases been productive of loss to the manufacturer.
Mr. HENDERSON. I move, proform&, to strike out the words “ 3 cents.” I am glad that the views of the Gentfrom Ohio [Mr. Yours] and my own meet on this subject. I intended to make the same motion that he did. [have no doubtthis amendment would reduce the revenue to a consider able extent, but I think that might be very easily made up by imposing an additional tax on luxuries, such as liquors and tobacco. I withdraw the amendment to the amendment.
Mr. MORRILL. Imove to amend byinse rting "one half, ” after the words “ 3 cents, ” merely for the purpose of say ing that the present tax on salt is 7 cents and 2 mills per 100 pounds, and the ComWays&Means thought it wasan interest that ought to be relieved, and therefore they proposed to reduce it to 3 cents and I presume, with. the contemplated action on the tariff bill, they will also be able to give some further relief to this interest. I think it should not be entirely exempt from tax, and that it is advisable for the friends of the salt interest to retain the rate proposed. I withdraw my amendment to the amendment. The question recurred on the motion of
Mr. PLANTS. Iwill modify my motion by moving to insert “one” instead of “ 3. If it is not thought advisable to strike out the whole section I think this reduction would be a very material relief to the manufacturers of salt. It looks like a small item to be sure 3 cents on 100 pounds but when you come to manufacture large quantilies experience proves that the more en this made the mere unfortunate the owners of the work are. I admit that there is seine relief proposed in the exemption of some articles that go into the manufacture of salt. Under the old law we paid taxes on cool, on barrels, and on almost every item that went into the manufacture, and then 7 cents and a fraction on every 100 pounds of salt manufactured, and then no, we were fortunately relieved from paying any income tax, because we had none to be taxed upon after all that.
Mr. MORRILL. We have relieved this interest as far as we thought it prudent to do. The enumeration of what we have done ought to satisfy the gentleman that we have done all that can reasonably be required. We have taken off more than 1/2 the tax and exempted coal and casks and barrels entirely.
Mr. HARDING, of Illinois. I move to insert “ two” in place of “ one.” I am in favor of striking out this tax. The income I am informed is very small; I do not know exactly how much.
Mr. HARDING, of Illinois. For last year I suppose. The principle upon which I oppose this tax is this, thatit operates unequally. he largest portion of salt is consumed in the packing of beef and pork, and some sections, of course, consume much more than others. In the manufacturing districts at the East comparatively little is consumed. The burden of the tax will fall upon the agricultural interest of the country almost entirely. I withdraw the amendment. the question being taken on the amendment of Mr. (Tux rs to strike out “ 3 ” and insert “ one, ” it was not agreed to.
The Clerk read as follows: On reapers. mowers. threshing machines. scales, brooms and wooden ware, a tax of 3%. adualorem.
Mr. woonnmnus. adding the following: Provided, Thatwhen any parts of reapers.mowers threshing machines or scales shall be once assesse and a tax previously paid thereon, the amount so paid shall be deducted from the tax on the finished article.
Mr. WILSON, of Iowa. I ask the gentleman to withdraw that for the present and let me offer an amendment to strike out “ reapers, mowers, and threshinmachines.” If that is carried he can then a d his proviso so far as relates to scales.
Mr. WILSON, of Iowa. 1 now move to strike out “reapers, mowers, and threshing machines.” I see that the object which I aimed at is partially accomplished by the provision on page 135, where the committee place in the free list “plows, cultivators, barrows, straw and ha cut ters, planters, seed drills, horse rakes, an win nowing mills.” Now, I can see no greater proriety in exempting these articles mm the tax imposed by the hill than those which Ipropose to strike out in the paragraph under consideration. It is simply a relief to the great food producing portion of our population, the agri(:ulturists, and that is the sole object I have in offering the amendment. There is no class of our people so poorly remunerated for the amount of capital and labor invested in their pursuit as the agriculturists; and it is for the purpose of granting them the partial relief that may be derived from the removal of this tax that I offer this amendment.
Mr. MORRILL. Mr. Chairman, the list of articles used by agriculturists is very extensive; and it is conceded that there are many of those articles that might with some propriety be exempted from taxation. But the ComWays&Means were compelled to select from that list. We found that the wants of the Treasury would not permit us to exempt all. If we Were to exempt all agricultural machines and tools, hoes, s ovels, se by thes, axes, sickles I might go on with a never ending list we should relieve the Treasury from an inconceivable amount of revenue. The tax we now propose upon these articles is only 3%. advalorem, and they are articles made by men who own patents, and can get whatever price I move to amend by they lease for them. The consumer will gain very Iittle by any reduction we may make. The tax that we shall get will hardly make any change in prices; for they are articles which affor large profits and command great prices, and these prices are already fixed. I trust, therefore, that this committee will coincide with the ComWays&Means, and refuse to strike out the tax on these articles.
Mr. PAINE. I rise to move an amendment; but before doing so I desire to ask the chair man of the ComWays&Means what will be the tax upon reapers, mowers, &c., if we strike out this paragraph.
Mr. PAINE. I move, then, so to amend the bill as to transfer these 3 articles, reap ers, mowers, and threshing machines, to the free list, among lows. culttvators. &c.
Mr. WILS of Iowa. I will state that my intention is to move to insert these articles in the free list when we reach it; but we must strike them out here.
The CHAIRMAN. It is not in order to take up the free list at this time; the committee has not {let reached that paragraph.
Mr. PAIL E. I am very anxious to vote for the amendment of the Gentfrom Iowa, provided these 3 articles can be exempte from taxation; but I am very unwilling to vote for it if it will impose upon them a tax of 5%. I move, therefore, to add at the end ofline 2003 the words“rea ers, mowers, and threshing machines shall eexempt from taxation.” The clause will then read: 0n scales. brooms and wooden ware a tax of 3%. I ualorem; reapers. mowers, and threshing machines shall be exempt from taxation.
Mr. HART. I hope the amendment offered by the Gentfrom Iowa [Mr. wILSON] will be adopted by the committee. I see no propriety in taxing these 3 items of manufacture while others are exempted. The Gentfrom Vermont [Mr. MORRILL] stated that the ComWays&Means had selected a few articles from the large list of agricultural implements, but that they found it impossible to include a large number of items on that list, such as shovels. axes, 620., and that they have selected only a few. It will be observed that in that selection they have taken machines" not “tools.”
Mr. MORRILL. I beg the gentlemans pardon. Ifhe will look at page 135 he will find that they exempt “plows, ” “cultivators, ” “barrows, ” &c.
Mr. HART. A plow is not a farming “tool.” Now, in reply to a remark made by the Gentfrom Vermont, [Mr. MORRILL] I hap pen toknow that so far as threshing machines are concerned the patents are about exhausted, and that there is not a threshing machine pat ent in the country that is worth anything. As to the immense.rotits which are alleged to have been derivedifrom these manufactures, in my district these machines were manufactured very extensively, and I know that during the past 4 or live years these interests have rather suffered than otherwise. I certainly think that these 3 items should be stricken out in justice to the manufacturers of these peculiar machines. They are about the only machines used for agricultural purposes which are not included in the free list.
Mr. GRISWOLD. I move to amend this paragraph furtherby inserting the words “ plantation hoes.” I do that because a plantation hoe is a peculiar instrument. The manufacturer of the ordinary hoe, as I understand, requires but little or no protection in this country. But the plantation 0e is a peculiar instrument manufactured for the Sout. It is very heavy, and in consequence of there being no machine labor upon it, it is impossible for the manufacturer in this country to compete with the manufacturer of England in this respect, if he is required to pay a tax upon it.
Mr. MORRILL. I must oppose the amendment of the Gentfrom NewYork, [Mr. Gurswono.] I find that there are various gentlemen charged with amendments for exemptions which theywill offer if this amendment carries, and there will be no end to them. The ComWays&Means have recommended to wholly exempt from tax lows. cultivators, drills, &c., and the reduction of the tax on these patented articles from 6%. to 3%, or one half. Now, I ask gentlemen if they cannot afford to wait another year before they appeal to us for any further exemptions. My friend behind me Pix“. Srsvnns] is ready to ask that brooms an( wooden ware be exempted from taxation. Another member will ask for the exemption of shovels, and another for the exemption of edge tools. I trust the ComWhole will think that we have gone as far in the exemption of articles from taxation as it is advisable to go at this time. The amendment of Mr. GRISWOLD was not agreed to. the question recurred upon the amendment of Mr. Tame.
Mr. LAWRENCE, of Ohio. I move to amend the amendment of the Gentfrom Wisconsin [Mr. PAINE by inserting the words “horse powers, corn s ellcrs, and winnowing machines.” f Mr. ECKLEY. That is already provided or.
Mr. LAWRENCE, of Ohio. Then I with draw my amendment. The amendment of Mr. PAINE was not agreed to. The question recurred upon the amendment of Mr. Wilson, of Iowa, to strike out the words “rea ers, mowers, threshing machines."
Mr. STEVENS. I think that we better strike out “brooms and wooden ware, ” and I move to amend the amendment in that way. They are so small articles that I hardly think a tax should be imposed upon them. The CHAHIMAN. The amendment of the Gentfrom Pennsylvania [Mr. Srsvnss] is not germane to the amendment of the Gentfrom Iowa, [Mr. w!LSON.]
Mr. STEVENS. ThenI move to amend the amendmentby striking out all but the letter “ s. [Laughter ] and I will confine myself to my amendment by saying that while all but the letter “8” should be left in, I “ think that brooms and wooden ware” should be stricked out. Now, if the gentlemen of the ComWays&Means had come to the help of the woman who se rubs with herbroom an the woman who cooks in her woodenware, it seems to me there would be some propriety in their action.
Mr. WILSON, of Iowa. Our women out West do not do that.
Mr. STEVENS. What! do any out West? Mr. WILSON, [oLafuIogwhate.rq V wooden ware.
Mr. STEVE;ESL.augThhteeyr] cook in wooden ware with us; they bake and stew, especially stew. [Renewed laughter.] Now, I do not know anything that can bear taxation better than reapers and mowers and threshing machines. The farmer is pretty well relieved from taxation, as he ought to be and there is no class of people who get off so well as the farmer. I believe the farmers in my county are taxed as high as any in the U.S. The most of them have machines of this kind, that can do the work of 8 or 10 men each, and thus they can afford to pay the tax imposed here. Now, I should be glad if we could get along without any tax at all and when our wise SecyTreasury shall have consoli dated his bonds so as to have them 5%. all around, and pay 3 %. in negotiating them, and make them payable in gold instead of currency make them about 10%. instead of what they are now; when he does all that, we may be able to do without taxes; but we cannot now. Iwith draw my amendment to the amendment, and let the letter “s” come out with the rest. on not se rub ou ought to. e do not cook in [Laughter] the question recurred upon the amendment of Mr. WILSON, of Iowa.
Mr. SLOAN. 1 move to amend the amendment by adding to it a motion to insert the words “ pig iron” in place of what the Gentfrom Iowa [Mr. wIl.SOK] proposes to strike out, so that our revenues shall not suffer in consequence of striking out those articles. I think pig iron with this tax will produce a much larger revenue than the articles my friendfrom Iowa proposes to strike out and I think it can much better bear taxation than the agriculturalinterests of the country. I aminformed that the iron interest is in a tar more prosperous condition now than agricultural interests generally.
Skip Skip The question was taken upon Mr. SLosNs amendment to the amendment, and it was not agreed to. the question recurred upon the amendmentof mr. usox, of Iowa; and being taken, upon a division, there were ayes 87, noes 20; no quorum voting. Tellers were ordered; and Mr. WILSON, of Iowa, and Mr. Ls BLOND, were appointed. The committee again divided; and the tellers reported aycs 68, noes 35. of the amendment was agreed to.
Mr. WOODBRIDGE. Mr. Chairman, Iwas opposed to striking out the articles which have been stricken from the bill. But, most assur edly, since they are stricken out, there should, in justice, be at least an exemption in reference to scales. I therefore move to amend by adding, at the end of the paragraph, the following: Provided, That when any partsofse ulcs shall have beenonce assessed and a tax previouslypaid thereon, the amount so paid shall be deducted from the tax on the finished article. Mr. Chairman, I will state my reason for offering this amendment. In the manufacture of scales various articles, such as rods, se rews, and bolts, are used. These, when constructed, are taxed separately. Under the existing law they are taxed $3 60 perton. The scales when completed, with these articles as constituent parts, are taxed 6%. upon the gross value. In this way a double taxation is imposed on the manufacturer. It is certainly unjust that articles should thus be taxed twice. If the different articles which enter into the structure of scales are subjected to a separate tax, the should not be included in the assessment when estimating the gross value of the finished article. Duplicate taxation is always unjust.
Mr. GARFIELD. amendment of the [Mr. Woonsnmen. The taxation upon the articlesmentioned in this paragraph has been reduced from 6 to 3%. for the very purpose of favoring them, and for the further purpose of avoiding the complex system which we should have if the small parts which enter into the structure of.se ales, threshing machines, mowers and reap ers, were exempted from their proportionate share of the tax upon the gross va no of the finished articles. In collecting the tax upon the completed articles, it would be very ditheult to compute and allow the deduction for every little se rew, or bolt, or rod. on which a separate tax might previously have been paid. such nsystem as that would be extremely vexations; and for the purpose of avoiding such a system, the committee concluded to fix the tax on the finished article at 3%. advalorem, instead of 5%., which is the rate imposed on engines and other large machinery where the amount of tax previously paid on particular parts can readily e calculated. The gentlemans amendment would involve us in the very dilficulties which the committee sought to avoid.
Mr. GARFIELD. I do not wish to retail any private conversation between the gentleman and myself, or any of our private opinions that we have exchanged outside.
Mr. WOODBRIDGE. If the gentleman will allow me, I beg pardon for an reference to the gentlemans views. I would not have called upon him if I had not such great consideration for his integrity and good judgment. I supposed the gentleman was sincere in his aproval of the amendment. t
Mr. GAItFlEliD. I only want to say that l the gentleman will recollect that a shorttime; afterward I told him plainly, in his seat, that I i thought the amendment was not a properone.
Mr. WOODBRIDGE. According to my recollection that was since I introduced the amendment.
Mr. GARFIELD. It was an amendment in regard to engines to which he referred. I thought it was a very properone, and I admitted at the time that the principle ought to beingratted wherever it could be, namely, that we shall not duplicate totes by taxing parts of a machine and afterward taxing the machine when it is put together. But let it be under stood that when we take away the duplicate tax we leave the tax (lll ualorem. In this case the adualorem tax is reduced to 3% and another thing is done. The transitory tax which is added to these machines in another rt.of the bill is taken away, which leaves this interest still more free. As I said before, it would be a very vexations and troublesome tax to collect, and I trust the gentlemans amendment will not prevail. "
Mr. WOODBRIDGE. I withdraw the amendment to the amendment.
Skip Skip The question being taken on the original amendment offered by Mr. Wooomunos, it was not agreed to.
Mr. WOODBRIDGE. I move to strike out the word “se ales” and to insert at the end of the paragraph the following: “se ales shall he put upon the free list.” Mr. Chairman, we had a good deal of talk here in regard to farming. t seems to be an extremcl opular occupation.
Mr. SpALing. t the gentleman will allow me, I wish to move to strike out the whole aragraph.
Mr. MORRILL. As this paragraph has been fully and eloquently discussed, I hope the question will be taken. The amendment of Mr. Wooumuncu was not agreed to.
Mr. wASHBURN, of Massachusetts. As the committee have stricken out so much of this paragraph, I suppose there will be no objection to striking out “ brooms and wooden waro, " and I make that motion. The great exiense of the articles of wooden ware, tubs, and pails, consists of iron hoops and wires and various articles which pay a tax of 5%.
Mr. MORRILL. I hope that will not be stricken out.
Skip Skip The question was taken upon the amendment; and on a division, there were ayes 85, noes 33; no quorum voting. Tellers were ordered; and Mr. Wasnnurm, of Massachusetts, and Mr. Ross, were appointed. Mr. MORRILL. As there is evidently not n quorum present, I move that the committee rise. The motion was agreed to. So the committee rose: and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the House No. 513, to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon.
Mr. STEVENS, the amendments of the Senateto House bill No. 37, making approriations for the support of the Mil itary cafiomy for the year aning the 80th of June, 1867, were taken from the Speakers table and referred to the ComAppropriat. DIPLOMATIC APPROPRIATIONS. On motion of
Mr. STEVENS, the amendments of the Senate to House bill No. 261, making appropriations for the consular and diplomatic expenses of the Government for the year ending the 30th of June, 1867, and for other purposes, were taken from the Speakers table and referred to the ComAppropriat. ASST sacusunr or THE NAVY.
Mr. RICE, of Massachusetts. I ask unanimous consent to take from the Speakers table Senate bill No. 318, to authorize the appointment of an additional Asst, SecyNavy.
Mr. RICE, of Massachusetts. Then I move to proceed to business on the Speakers table. he question was taken, and upon a division there were ayes 31, noes 31; no quorum voting.
Mr. INGERSOLL. I move the House do now adjourn. The motion was agreed to; and accordingly (at 25 minues to 5 oclock p.m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, May 19, 1866. The House metat 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bovztrox. The Journal of yesterday was read and approved. CLERKS IN THE DEPTS.
The SPEAKER laid before the House the following message from the POTUS: To the HoRep: In further response to the resolution of the HoRep of the 7th instant, calliny for information in regard to clerks employed in the various Executive Depts, transmit herewith reports from the Secre BLOW: The memorial or the Union Mer i to of the Navy, the SecyInterior, an the PostMGenl. AndrewJohnson. Wasnmeron, D. C., May 17, 1866. The message, with the accompanying documents, was laid upon the table and ordered to be printed.
Skip Skip LEAVE OF ABSENCE. Mr. BENJAMIN. I desire to ask leave of absence for myself on account of sickness in my family. I cannot tell how long I may be absent. No objection was made, and indefinite leave of absence was granted.
Skip Skip MESSAGE FROM THEEENATE. A message from the Senate, by Mr. MCDonALD, its Chief Clerk, informed tie House that the Senate had passed, with amendments, bills of the following titles, in which he was directed to ask the concurrence of the House: An not (H.R.No. 345) for the relief of Christina Elder; and An not (H.R.No. 363) supplementary to the several acts relating to pensions. The message further announced that the Senate had passed, without amendment, the following bil An not (H.R.No. 886) for the relief of Francis A. Gibbons. The message further announced that the Senate had passed the following bills, in which the concurrence of the House was requested: An act (S.No.251) for the relief of commodore Thomas Turner; An act S.No. 261) for the relief of Mrs. Anna G. aston; An act (S.No.275) for the relief of cornelius Crowley An act (S.No.291) granting a pension to Mrs. Reliccca Irwin; An act (S.No.298) granting a pension to Jane D. Brent;. An act (S.No.299) granting a pension to Jane E. Miles; An act (S.No.309) to authorize Samuel Stevens, a Stockbridge Indian, to enter and purchase a certain tract of land in the Stock ridge reservation of Wisconsin; An act (S.No.314) for the relief of Sarah J. Purcell; An act (S.No.321) for the relief of Maria Sy hax; An act (S.No.326) granting a pension to Mrs. Harriet B. Crocker; An act (S.No. 327) granting a pension to Mrs. Katharine F. Winslow; and An act (S.No.329) for the relief of Mrs. Margaret Kaetzel. PROTECTION OF THE FRONTIER.
Mr. ROSS. I desire to enter a mtRtv the bill to provide for the better protection of the frontiers of the U.S and Territories thereof was referred to the ComMilAffrs.
The SPEAKER. The motion will be entered on the Journal. EQUALIZING nonnrms.
Mr. BLAINE. I wish to enter a motion to reconsider the vote by which House bill No. 602, to equalize the bounties of soldiers, sailors, and marines who served in the late war for the Union, was referred to the ComWhole on the state of the Union.
The SPEAKER. The motion will be entered on the Journal. PRESIDENTS ANNUAL imssaon.
The SPEAKER. By order of the House, no business is in order today but debate upon the Presidents annual mes. e as in ComWhole, upon which the Gentfrom Ohio [Mr. ASHLEY] is entitled to the floor. RECONSTRUCTION.
Mr. ASHLEY, of Ohio. I am not prepared to go on today, and therefore I will yield the floor to the Gentfrom NewYork, [Mr. Moms]
Mr. HUBBARB. of Iowa, obtained the floor, but yielded to Mr. SPALDlNG, who moved that the House do now adjourn. The motion was agreed to; and accordingly git 4 oclock on 5 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The following petitions. kc. werepresentedunder the rule and Mfr "ville the appropriate committees: By Mr. CONKLING: The petition of A. P. Sey ruour and others.praing a change in the law taxing the circulation of State banks. By Mr. LAFLIN The remonstrauco of citizensof Watertown. Jefferson county. NewYork. against the passng of the bill to reorganize the Federdiudleiary.
@@@IN SENATE SENATE. MONDAY, May 21, 1866. Prayerby Rev. Dr. Fmsros, of Birmingham, England. The Secretary proceeded to read the Journal of Friday.
Mr. WADE. I move that the further reading of the Journal be dispensed with. There is no necessity for readin the action of the Senate on all those pension bills that were passed on Friday.
The PRESIDENT protempers. The reading of the Journal can be dispensed wllll.by unanimous consent onlv. No objection made, its further reading will being e dispense with. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message from the POTUS, transmitting a copy of the correspondence between the SecyState and Cornelius Vanderbilt, of NewYork, relative to the JtResolution of the 28th of Jan uary, 1864, upon the subject of the ift of the steamer Vanderbilt to the U.S.; which, on motion of Mr. Moseas was ordered to lie on the table, and be printed.
Skip Skip PETITIONS and MEMORIALS.R. WADE presented a communication addressed to him by the SecyWar, transmitting information in relation to the petition of Mrs. Sarah A. Brewer, widow of Major General Anson L. Brewer, praying fora pension; which was referred to the ComPensions. Mr. CHANDLER presented a memorial of the Board of Trade of Bay count, Michigan, praying for an appropriation by congress for the improvement of the harbor at the mouth of Saginaw river; which was referred to the ComCommerce. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. JOHNSON, it was Ordered.That the petition and other papersin the easeof Lydia Cruger. oxecutrix of Moses Shepherd, be taken from the files of the Senate and relcrred to the ComcClaims. REPORTS OF COMMITTEES.
Mr. WILSON, from the ComMilAffairs and the Militia, to whom was referred a communication from the SecyWar, covering aletter from General Dyer, chief of Ordnance, in relation to the legislation necessary to fix and establish the position of the Chicago and RockIsland railroad at Rock Isl and, Illinois, so as to enable the War Dept to occupy that island for military purposes, reported a bill (S.No.830) may ting further provision for the establishment of an armory and arsenal of construction, deposit, and repair on RockIsland, in the State of Illinois; which was read and passed to a 2nd reading. He also, from the same committee, to whom was referred a bill (H.R.No. 3) to revive the grade of general in the U.S. Army, reported it with an amendment.
Mr. POMEROY, from the ComMilAffrs , to whom was recommitted the bill (S.No.224) to aid in the construction of a southern branch of the Union Pacific railway, and to secure to the Government the use of the some for postal, militar, and other purposes, reported it with an amendment. BILL RECOMMITTED.
Mr. WADE. I move that the bill (S.No.289) to provide for the robate of and for the recording of wills of res estate situated in the DistCol, and for other purposes, which was reported adversely by the ComDistCol, be recommit ted to that committee. The motion was agreed to. BILLS INTRODUCED.
Mr. RAMSEY asked, and by unanimous consentobtained. leave to introduce a bill (S.No.331) requiring agents of the postoffice Deptto give bond in certain caseswhich was read twice by its title, and referred to the ComPostOfficesRoads.
Mr. NESMITH asked, and by unanimous consent obtained, leave to introduce a bill (S.No.332) to provide for the construction of a wagon road from White Bluffs, in Washington Territory, to Helena, inmentana Territory; which was read twice by its title, and referred to the ComMilAffrs .
Mr. POMEROY. I ask leave to introduce abill of which no previous notice has been given. I do it by request. There being no objection, leave was granted to introduce a bill (S.No.333) to incorporate the American Cotton Company of the DistCol; which was read twice by its title, and referred to the ComDistCol. ELECTION OF SENATQBS.
Mr. WILLIAMS submitted the following resolution; which was CONSldGXedby unanimous Consent and agreed to: RNnIU"I. That the ComJudiciary be trusted t9 inquire into the expediency and practicability ot Ill0V1dlDlZ a uniform and otfertivemode securing the election of Senators in Congressby aveezislaturesof the several States, and that they leaveto report by bill or othermse. MRS. ABIGAIL RYAN.
Mr. WILLEY. On Friday last I entered a motion to reconsider the vote on the passage of the bill (S.No.3282 for the relief of Mrs. Abigail Ryan. I ask cave of the Senate now to withdraw the motion to reconsider that bill, finding that it is all correct. Leave was granted. LEONARD StClAIR.
Mr. LANE, of Indiana. On Friday last, by a mistake, House bill No. 371, to grant a pension to Leonard StClair, was omitted to be acted upon. I ask that it may now be taken up and passed. It was omitted on Friday by a mere mistake, not being marked on my docket. I move now to take it n The motion was agreed to; and )the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 371) to grant a pension to Leonard StClair. The SecyInterior will be directed by the bill to place the name of Leonard StClair on the pension rolls of the U.S. as a pensioner, at the rate of 8 dollars permonth.,
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. GOODRICH and CORNISH.
Mr. CONNESS. I move that the Senate proceed to the consideration of House JtResolution No. 77 The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (.R. No. 87) for the relief of Ambrose L. Goodrich and Nathan Cornish, for carryin the U.S. mail from Boise City to Idaho City, in the Territory of Idaho. It proposes to authorize the PostMGenl to audit and settle, as to him may appearjust and equitable, the demand of Ambrose L. Goodrich and Nathan Cornish for carrying the U.S. mail on route No. 16001, from Boise City to Idaho Cit, in the Territory of Idaho, from the 5th of Ju y, 1864, until the 1st of Jul, 1865. The ComPostOffices reported the JtResolution with an amendment, to insert at the end of it the following: and also to audit and settle, in like manner, the demand of Dnpicl Wellington and J. C. Dorsey. for extraservlccs 1D carrying the U.S. mails on route No. 14602 between Carson City and Aurora. in thestate of Nevada. From Julyl, 1862t.oJune 30, 1865.
Mr. CONNESS. There is a report accompanying the JtResolution from the HoRep:
The PRESIDENT protem ore. Does the Senator ask for the reading of the report?
Mr. CONNESS. Perhaps it is est that the Senate should hear it. It is a very short report. However, if there is no demand for its reading, I shall not in51st upon it.
The Secretary read it, as follows: The ComPostOffices, to whom was referred the JtResolution for the relief of Messrs. Goodrich At Cornish. report as follows: That during the fiscal year 1864 05M. essrs.Good rich & Curnis, at the general l0(nest of the citizensof Idaho, carried the U.S. tutes mails between Boise City and Idaho City 3 times a week, asappears from the testimonyof the postmastersat the placcspamed, and that they have received no compensation for said service; that in consequence of the discoveryof new and attractive mines in that Territor alnrge minin population had emigrated there, w 10were eutitle to mail facilities, for which no provision had been made by the Government. Therefore the committee recommendthat the PostMGenl be authorized to audit and settle the claim of Messrs. Goodrich AtCornish as to him may seemjust and equitable. Mr. CLARK. I am a little sorry that the committee have not reported something further in regard to the facts in this case.
Mr. conNESS. There are other papers and letters from the postoffice Dept on the subject.
Mr. CLARK. I should like to have some information as to the services rendered, and what may be the amount required under the JtResolution.
Mr. CONNESS. If the letters from the 2nd Asst PostMGenl accompanying the resolution are read they will give that information.
Mr. CLARK. I do not know, of course, what papers precisely the Senator refers to; but perhaps it would be as well if the Senator could give us the information himself.
Mr. CONNESS. I cannot at this moment without examining these letters. 1.
Mr. CLARK. Would it not be better to let it lie over until some examination can be had?
Mr. CONNESS. I have no objection to letting the JtResolution lie over until the Senator can examine it.
The PRESIDENT protempera. The JtResolution before the Senate will be laid aside by common consent.
Mr. CONNESS subsequently said: I ask the Senate now to resume the consideration of House JtResolution No. 77, as I understand there is no objection to it. 1to There bein no objection, the Senate as in ComWhole, resumed the consideration of the JtResolution, the question being upon the amendment reported by the ComPostOffices to add to it the following words: and also to audit and settle, in like manner, the de mand of danielWellington and J.C.Dorse, for extra servicesin carrying the U.S. mai s on route No. 14602b, between the towns of Carson Cit and Aurora, in the State of Nevada, from July 1. 1 2, to June 30, 1865.
Mr. HENDRICKS. I would inquire how much is the amount of this claim.
Mr. CONNESS. Iwill sa to the Senator that after this amendment is adopted, I propose to limit the claim in both cases.
Mr. HENDRICKS. I ask the Senator if the 2 cases stand on the same ground.
Mr. CONNESS. I will say that the last claim has already been passed upon by the ComPostOffices of this body, and the Senate has passed a bill for the relief of the parties, which is now lying in the HoRep. We propose to add it to this resolution and put both in one measure. I propose, however, to limit both. The amendment was agreed to.
Mr. CONNESS. I now move to amend the resolution by inserting after “1865” in line ten, the words, “provided the amount to be allowed shall not exceed $8,000.” The amendment was agreed to.
Mr. CONNESS. I now offer the following amendment, to come in at the end of the resolution as amended: Pmidvrl. That the amount to beallowed shall not exceed$20, I will say that that is the amount provided for in the bill for the relief of Wellington & Dorsey which has already passed the Senate. The amendment was agreed to. The JtResolution was reported to the Senate as amended; the amendments were concurred in. It was ordered that the amendments he engrossed and the resolution read a 3rd time. The resolution was read the 3rd time and passed. Its title was amended by adding the words, “and of Daniel Wellington and J. C. Dorsey for extra services in carrying the mail.” SURVEYS OF UPPER MISSISSIPPI.
Mr. RAMSEY. I move that the Senate proceed to the consideration of Senate hill 0. 139. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.139) to provide for surveys of the upperMississippi and Minnesota rivers. NM The bill as introduced by Mr. RAMSEY proposed to appropriate $20,000, or so much thereof as may be necessary, for the survey, under the direction of the SecyWar, of the upperMississippi river from or near the falls of StAnthony to the upperor RockIsland rapids, with a view to ascertain the most feasible means, by economizing the water of the stream, of insuring the passage at all navigable seasons of boats drawing 4 feet of water. The 2nd section proposed to appropriate $5,000 for an examination and survey, under the direction of the SecyWar, of the Minnesota river from its mouth to the mouth of the Yellow Medicine, in order to ascertain, the practicability and expense, by slack water navigation or otherwise, of securin the continued navigability of that stream nring the usual season of navigation. The ComCommerce reported the bill with an amendment to strike out the 2nd section.
The PRESIDENT profemporc. The bill Will be regarded as postponed for the present, no objection being made to that course. QUARTERMGENS CLERKS.
Mr. WILSON. I move to take up the Senate JtResolution No. 96, providing for the transfer of certain clerks to the office of the xQnart.erinasti:r General. The motion wns agreed to; and the JtResolution was read the 2nd time and considered as in ComWhole. It provides that 37 clerks of the 1st class 2 of the 2nd class, and one of the 4th class, from the ordnance Dept, ten of the 1st class from the subsistence Dept, and 4 of the 1st class from the office of the SecyWar, shall be transferred to the office of the QuarterMGen, and proposes to approprinte $65, 800 for the payment of their sa aries for the fiseal year ending June 30, 1867.
Mr. WILSON. I will simply say in regard to this matter that the resolution is based upon a recommendation of General Meigs. He desired to have these clerks classed higher, but the committee thought they would transfer them to his office in the some classes they are in at present.
Mr. FESSENDEN. I ask whether the matter has been submitted to and received the apffobation of the SecyWar.
Mr. will N. It was sent to us indorsed by the SecyWar.
Mr. FESSENDEN. I think, from the recent course taken with regard to the clerks in the different Depts, that the properplace Where does this come for this measure would be on one of the appropriation bills.
Mr. WILSON. If the Senator desires that course to be taken, I have no objection to let ting this resolution lie over and be at upon the Army appropriation bill when it comes here.
Mr. FESSENDEN. The Army appropriation bill is here.
Mr. FESSENDEN. In the mean time I think the ComMilAlfairs had better inquire whether it meets the approbation of the SecyWar. I am very unwilling to act in matters of this kind until they receive the real aprobation and recommendation of the head of the Dept.
Mr. WILSON. he resolution was sent to us by the War Dept. I accept, however, the suggestion of the Senfrom Maine, and will consent to this resolution lying on the table for the present, and Iwill make an effort to have it put upon the Army appropriation bill when it comes u.
The PRESIDENTa protempore. The bill will be laid upon the table, if there be no objection. It can lie over until we take RECONSTRUCTION.
Mr. FESSENDEN. I desire to make a remark to Senators, in consequence of the notice which I gave a week ago that I should today call up the JtResolution reported by the ComReconstruction, which has already been passed by the HoRep. I am obliged, today, to ask the indulgence of the Senate, and to say that I shall not desire them to proceed with that matter until Wed nesday. I am utterly unable, myself, to take charge of it; but whatever may be my own condition on Wednesday, I shall expect the Senate to proceed with the consideration of the subject. I defer calling it up until Wednesday morning, when I hope to have the attention of the Senate to it. MILITARY ACADEMY APPOINTMENTS.
Mr. WILSON. I move to take up the House JtResolution NO. 134, relative to appointments to the Military Academy of the U.S. The motion was agreed to; and the Jtresolution was considered as in ComWhole. It provides that hereafter the age for the admission of cadets to the U.S. Military Academy shall be between 17 and 22 ears; but any person who has served honorab y and faithfully not less than one year as an officer or enlisted man in the Army of the U.S., either as a volunteer or in the regular service, in the late war for the suppression of the rebellion, and who assesses the other qualifications prescribed by aw, shall be eligible to appointment up to the age of 24 years. Cadets at the Military Academy are hereafter to be appointed one year in advance of the time of their admission, except in cases where, by reason of death or other cane, a vacancy occurs which cannot be thusprovided for by an appointment in advance; but no pay or allowance is to be made to any such appointee until he shall be regularly admitted on examination as now provided by law; nor is this provision to apply to appointments to he made in the present year. u addition to the requirements necessary for admission as provided by the 3rd section of the act making further provisions for the corps ofEngi neers, approved April 29, 1812, candidates shall be required to have a knowledge of the elements of English grammar, of descriptive geography, particularly of our own country, and of the history of the U.S.
Mr. JOHNSON. Will the honorable chair man of the ComMilAffrs state what is the reason for requiring the appointments to be made a year in advance?
Mr. WILSON. Ihis JtResolution comes from the ComMilAffrs of the HoRep. The chairman of that committee was last year, a member of the Board of Visitors at WestPoint, and was very anxious to have the changes made in the law which this resolution proposes. The 1st chance is to raise the minimum age of admission from 16 to 17, so that boys shall not enter so young as heretofore, but shall be more mature. I hen it provides that young men who have served in the Army, either as officers or as soldiers, may be admit ted up to 24 years of age. The object of the provision requiring the appointments to be made a year in advance is to give the persons appointed an opportunity during that year to fit themselves to enter the Academy. Then the resolution provides for increasing the standard of admission now required. Very little is required by this increase. think it ought to be much larger than it is, and that the institution ought not to be aprimary school; it oughttobea higher school; but there is objection to that. The increase here provided for is very slight indeed English grammar, history of the U.S., and small matters of that kind.
Mr. JOHNSON. The honorable member will permit me to ask him if there is no qualification required now. There is, I think, a pretty riid one.
Mr.WILSON. But very little qualifications are required now. This is an addition to those qualifications. I should like the Secretary to read that portion of the JtResolution.
Mr. WILSON. I have certainly no objection to the bill going over for that purpose, although I must say to the Senator that expect little to come of the postponement. It will be found very difficult to devise any lau that will be satisfactory to Congress, and pes pecially to the HoRep, changinv the mode of appointment of cadets at West oint. However, at this ate 10, I will allow the bill to lie over. It is from the HoRep; no amendment is proposed to it; and I will allow it to lie over Imltil d the return of the Senfrom Rhode s an.
The PRESIDENT protempore. The JtResolution now before the Senate will be postponed by common consent, no objection being interposed.
Skip Skip massaon FROM THE HOUSE. A message from the HoRep, by Mr. McPnsnsos, its Clerk, announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (S.No.379) to establish in the DistCol a reform school for ho s; A ill (H.R.No. 564) to annul the t irty 4th section of the declaration of rights of the State of Maryland so far as it applies to the DistCol; and A A bill (H.R.No. 601) to grade East Capi tol street and establish Lincoln square. ADMISSION OF COLORADO VETO.
Mr. HENDRICKS. I move to take up the bill which was vetoed by the POTUS for the admission of the State of Colorado. I think a proposition of that sort ought to be considered.
Mr. WADE. I hope we shall not take up that bill now. I hope it will be permitted to lie awhile before we take it up.
Mr. HENDRICKS. The Senfrom Ohio, who is to some extent responsible for this measure as chairman of the ComTerritor, desires not to take up the bill today; but if he is willing to say tomorrow at one oclock, so that all Senators shall know that the bill is to come 11 at that time, I am willing to modify my motion, and will move to take up the bill with aview to making it the special order for tomorrow at one oclock. Perhaps before taking up a measure of this sort, we ought to give notice a day in advance, so that Senators may be here. I have therefore no objection to modifying my motion so as to move to take the bill up with the view to make. it the speeialorder for tomorrow at one oclock. I will state to the Senator that I name tomor row for the reason that the Senfrom Maine has notified the Senate that on the next day he expects to call up a question which will occupy, unquestionably, the Senate for a number of days; what length of time none of us is now able to say. It is properthat within a reasonable time the message of the POTUS should receive the consideration of the Senate, and I do not think that we ought to wait until the Senate has disposed of the reconstruction proposition. Therefore I think it is right that we should either today or tomorrow take up this bill. My present, motion is to take it up; and then if it is taken up I shall move to make it the special order for tomorrow at one oclock.
Mr. WADE. I hope the bill will not be taken up now. I do not think we can at this time definitely fix a propertime to consider the bill. The Senate is very thin. I believe several members are now absent. I do not know when they will be here. When it is taken up the Senate ought to be full, and I cannot say that that will be tomorrow or the next day. I do not think it is best for us at the present time to take it up, and I hope we shall not do so.
Mr. SUMNER. There are one or 2 of the Senators who are now absent who are to be here tomorrow, which is the time proposed by the Senfrom Indiana for the consideration of this question. I think that we may expect tomorrow a reasonably full Senate. I am inclined to think, still further, that we ought not to postpone the consideration of the question. I do not think that a veto message of the president has ever before in our history been so long postponed. It has been considered from day today, and discussion has been allowed to go on until a conclusion was reached. I am not aware that any message of that character has ever been laid upon the table and there allowed to sleep as if it was notto be proceeded o l ll with. It seems to me that the Senate ought to proceed with it at an early day, that the question may be definitively settled. As it stands now, the question is not definitively settled. It is an open question still whether the State of Colorado shall be received into the Union. It ought to be closed.
Mr. WADE. l have had some little expe rience as to these veto messages, not so much nor so often formerly as now; but I know very well they have been treated precisely as any other measure has been treated here. There is no reason that I know of why they should be considered in any other light than another measure that is impertant before the bo y, and they have always been so considered. The Senfrom Massachusetts says that we have proceeded immediately to take them up and consider them, and not laid them on the table. That is not my experience. When what was called the homestead bill, in the days of Mr. Buchanan, was vetoed, it lay here nearly 3 months, if I am not greatly mistaken, before it was finally settled. It was laid on the table, and adjournmeuts took place, precisely ns upon any other question that was deemed by the bodyimportant, and which they wished to discuss. I see no reason why we should at this time take up this message. I do not think we are ready to dispose of it properly at the present time, and p I do not think the friends of the measure ought to take it up at this time.
Mr. HENDRICKS. I certainly would not ask the Senate to consider a bill when it could not be properly considered; but the Senfrom Ohio has not stated any reason why the Senate is not prepared to consider this bill. It was pressed upon the attention of the senate more than a month ago. It was said we were in a condition to consider it then. We did consider it and rejected the hill. Then, I again, there was a motion to reconsider, and after further protracted debate a different result was arrived at in the Senate, somewhat astonishing to some of us. After 2 debates 1 in the Senate n on the bill it finally went to the Iresidento the U.S. He did not agree with the Senate in its last vote; he thought the Senate was right in its 1st vote. Now that question is before us, presented as an important question by the POTUS for our consideration. I know of no reason why the Senate is not prepared to consider it. [he Senfrom Ohio gives no reason. The question of the admission of a State into the Union is a very grave and important one. It loses none of its gravity and importance by the fact that it is now accompanied by the veto of the POTUS It is due, I think, to the did nity of that messa e that it should be considered at. an early ay. For this reason I have moved to take the bill up with the view of making it the special order for tomorrow.
Mr. WADE. he Senator asks me wh I am not ready to take up this bill now, an I am very frank, as I am on all occasions, to tell him the reason. I am a friend to this measure, notwithstanding the veto of the president. I have come to the conclusion that this Territory ought to be admitted as a State for a good many reasons that might be assigned, but which it would not be proper to argue now. I wish to deal with this question as I do with all others that I am in any way intrusted with the clrarge of. I do not think the bill is as likely to be successful if we take it up now as it would be if we were to postpone it a little i longer, and when I have a measure at heart ! that I intend to pass I intend to take every I honorable means that I can to pass it. I do l I i I i. l l not think it is politic now for the friends of the bill to take it up. That is all I have to say about it. As one of the friends of the measure I hope it will not be considered now, and for the reason I have given.
Mr. KIRKWOOD. I was out of the Chamber at the time when this matter was called up, and I desire to ask whether the question now is on taking up the bill at this time for consideration.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The question is on taking up the bill and making it the special order for tomorrow at one oclock.
Mr. KIRKWOOD. I am very anxious to get before the Senate, if it be possible, prior to Wednesday, and to have the action of the Senate upon it, a bill reported by the ComPubLands, which is a very important one. It relates to the public lands in the States that have been in rebellion. It is abill which has already been passed by the HoRep, and has come to the Senate, and I look upon it as one of the mest important measures, perhaps, upon which we shall not during this session. Ihope that the bill will not be taken up at this time, but that an opportunit will be afforded to take up the bill to which I allude.
Mr. WADE. I should not sa anotherword if it had not been insinuated that if we treat this measure as we do other measures the President will be somehow called in question in regard to it.
Mr. HENDRICKS. With the permission of the Senate, at the suggestion of gentlemen around me I will modify my motion so as to take up the bill with the view of making it the special order for tomorrow week. I want no snap judgment, to use the language of the Senfrom Ohio; and I am glad to hear him say that he does not. I was a little afraid perhaps that he did, from the fact that one evening here, when a couple of Senators were sick, he insisted upon a vote just then, and said he had a right to take advantage of their sickness. I do not want any snap judgment on this question.
Mr. WADE. I have no objection to having the bill made the special order for tomorrow week, with the understanding, however, that it will be of course superseded at the will of those having charge of the reconstruction matter, if that should then be under consideration. I have no objection to naming that time, hoping that the Senate will then be full, and if it should not be, I can move a postponement.
Mr. HENDRICKS. If the report of the committee of 15 should be tcbusiness then before the Senate, of course it would take precedence of a special order, so that there can be no dilficulty upon thatquestion.
Mr. WADE. Very well, then, I 3VOno objection to that. It is some time ahead, and I hope we shall be ready then.
Mr. HENDRICKS. I should like to have a further understanding with the Senfrom Ohio. I shall go with him, if there is any considerable portion of the friends of this bill absent at the time who cannot be here and that want to vote on it, to postpone it until they can be here. If it is the will of this body that colorado shall come in under the circumstances, I want her to come in. I do not want to pass any bill here because I find some Senators absent, and I shall always vote to postpone a measure until there can be a full hearing upon it. Now, if it should so happen at the time the measure is taken up that there should be an absence on the other side of the Senate, I shall want to postpone it, and I hope the Senfrom Ohio will meet me in that sentiment. I shall want to pospone it, if it shall be found at the time that there is any considerable number of Senators who are opposed to the bill absent and I want the same position to be assumed by the Senfrom Ohio, in that event, that he assumes in regard to an absence on his side of the Senate. Then, sir, I modify my motion so as to make the bill the order of the day for tomorrow week, and then every body will know it is comin up.
The PRESIDING OFF CER. The Sena to: from Indiana moves to take up the bill (S.No.74) for the admission of the State of Colorado into the Union, and to make it the special order for Tuesday week. The Chair will divide the question, because it requires 2 different votes. The 1st is carried by a majority and the other by a 2/3rds vote. The 1st question is on the motion to take up the bill. The motion was agreed to.
The PRESIDING OFFICER. The Senfrom Indiana now moves that the bill be made the special order for Tuesday week, at one oclock. The motion was agreed to, 2/3rds of the Senate voting therefor. FO RTIFICATION APPROPRIATION BILL.
Mr. FESSENDEN. I move that the senate proceed to the consideration of the fortification appropriation bill.
Mr. SlIlfiltMAN. I hope the Senfrom Maine will not press the consideration of that bill, because I represent, in behalf of the ComFinance. a veryimportant bill, which I should like to brinr to the consideration of the Senate. The bilI he now proposes to take up is the same one which he proposed to take up on Thursday last. There is no necessity for ressing it now. Last week he gave notice of his intention to call up today a question in which the whole country feels a great interest, and I did not intend to resist its being taken up. Why not now take up the report of the ComReconstruction, and proceed to dispose of it? There is no occasion for proceeding to the consideration of the fortification bill now, and I trust therefore it will not be pressed.
Mr. FESSENDEN. If the hoorable senator will take pains to inquire a little he will perhaps come to the conclusion that it is hardly worth while to press his bill this morning. I made my motion, supposing he would not do so. If he would inquire of the SecyTreasury, who, I see is present, he would not insist upon his motion now, I think.
Mr. SHERMAN. agent of the SecyTreasury; I act on my own responsibility.
Mr. SHERMAN. I came here this morning with the excctation that the Senfrom Maine would call up the JtResolution reported from the committee of 15, which has excited so much attention; and I have yet heard no reason given why it has not been called up. Perhaps a reason was given when I was not in my seat; but I see no reason Hi myselfwhy that subject should not be proceeded with, or if there is a reason, it should be stated to the Senate. We must conduct our business with some kind of order, and when notice is given of a proposition to take up a particular measure of great importance, we ought to know the reason why it is not done. m Mr. FESSENDEN.Iwill state to the Senator that I gave notice this morning why I could not call u that report until Wednesday. us
The PRESIDING OFFICER. The question is on the motion of the Senfrom Maine. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense, for the year ending June 30, 1867. The bill was read. The ComFinance reported one amendihent to the bill; which was on page 2, after line 18 to insert: For Fort Popham. Kennebec river. Maine, $50,000. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed and the bill to be read a3rd time. he bill was read the 3rd time and passed. FUNDING THE NATIONAL DEBT.
Mr. SHERMAN. I now move to take up the funding bill with a view to have it assigned for tomorrow at one 0 clock.
Mr. FESSENDEN. I will say to the Senfrom Ohio that I do not mean to oppose the taking up of the bill, but it may be that after it is taken up tomorrow and he has stated what he wishes to say upon iIt, may then desire further time to consider it. 1
Mr. SHERMAN. I shall have not the slightest objection to the Senators taking time in order to obtain further information and discuss the proposition. All I desire now is that it may be ta on up and made the special order for tomorrow. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.300) to reduce the rate of interest on the national debt, and for funding the same.
Mr. SHERMAN. I move that the bill be postponed to and made the special order of the ay for tomorrow at one o clock. The motion was agreed to. CHANGE OF NAME OF VESSELS.
Mr. MORRILL. I move to take up Senate JtResolution No. 52. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 62) authorizing the SecyTreasur to change the name of the steamboat City O Richmond to City of Portland. The ComCommerce reported the JtResolution with an amendment to add the following: and alsothe owner of the schoon erLucinda Van Vulkenburg to Camden.
Mr. WILSON. I desire to hear why these changes are proposed. It seems to me to be very injurious to change the names of vessels unless there is a positive necessit for it. Great wrongs have been perpetrate in this wa Y.
Mr. MORRILL. The practice is quite Uniform. There is never any difficulty or danger in this class of cases, provided proper caution is exercised. I know there have cen instances, as the Senfrom Massachusetts supposes, where vessels that had a bad reputation have had their names changed. That is always in jurious, and the committee, in no instance that I know of, of late, have reported a bill upon such a state of facts. The facts in this case are these: this steamer City of Rich mond is a new steamer, 18 months old, 1 think, and has been purchased by a company who are runniu her now between Portland, in the State of aine, and StJohn. They have a fancy that it would suit their convenience better to have her name changed to City of Portland. There is no public necessity for it, of course, as there is not in any of these cases, but the facts are such in this case that no injurious effeetwhatever can come of it.
Mr. WILSON. That is all I want to know. The amendment was agreed to.
Mr. MORRILL. While I am up I will explain that amendment. It is to change the name of a schooner on Lake Ontario, I think. It is a very small matter any way. I have here a note addressed to the Senfrom NewYork, [Mr. Mustang] in which the party desires the name of this vessel change, simply as a matter of convenience, because her present name is an unconse ionably long one and a hard name to spell. The facts in this case are not unlike those in the case of the City of Richmond. She is a new vessel.
Mr. MORRILL. Oh, no; she is an American built vessel.
Mr. MORRILL. The are both American built and both new vesse s. The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The Jtresolution was ordered to be enerossed for a 3rd reading, was read the 3rd time, and passed. MINERAL WATER BOTTLES.
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, was read the 3rd time, and passed.Mr. JOHNSON mtRtv the bill was passed. ORDER or nusmzss.
Mr. SUMNER. I now move that the Sun;Ite proceed to the consideration of House hill 0. 11.
Mr. MORRILL. I should like to know what that bill is. If Mr. SUMNER. It is a very well known ill.
The PRESIDING OFFICER. The Senfrom Massachusetts moves to take up the bill (H.R.No. 11) to facilitate commercial, postal, and military communication among the several States.
Mr. MOItltILL. I hope that will not be taken, Mr. LINER. Let us dispose of it today.
Mr. MORRIliL. That bill involves a constitutional question. Ihope the Senator will allow me today to clear the Calendar of matters pertainin to the DistCol. I have here ha f a dozen very small measures that I have been waitin r some time to get an opportunity to ss, and ifI do not get today I am sure abs 1 not get a day this fortnight. I think the public interests will be much better subse rved by passing these practical measures than by going into the discussion of an abstract constitutional question today. I wish to dispose of these bills now and it is poSSilJIG that we can use the Senators bil afterward. These bil s are small matters which will take no great time an ay.
Mr. SUMNE. do not like a remark that the Senator hasjust made.
Mr. hIORltll.L. I will withdraw it, then, for the sake of conciliation. I do not know what it was.
Mr. SUMNER. He speaks of a certain bill that has already passed the HoRep twice and been on the point of passing the Senate, I do not know how many times, and has just failed, through the extraordinary and superhuman exertions of my excellent friend, as an abstraction. I believe the bill that I wish to have proceeded with is a practical measure; that there is nothing abstract in it. It is to meet and cope with the railroad monopoly in NewJersey. But if I can have the Senators favor hereafter on another oc casion
Mr. MORRILL. I will favor the honorable Senator with all I have to say on that bill the 1st time he gets it u, if he will allow me this indulgence today, which will not be much.
Mr. SUMNER. ThenI hope the Senator will bear in mind that one good turn deserves another, and if I make no opposition to his proceeding with his measures today, he will )u very indulgent to this measure which has the sanction of the HoRep, and has come here for the sanction of the Senate.
Mr. MORRILL. The honorable Senator does not require me to state my Opposition until I accc t that compromise.
Mr. SUMHER. Underthese circumstances I withdraw my motion. ACADEMY OF MUSIC OI" WASHINGTON.
Mr. MORRILL. I ask the Senate to progeed to the consideration of House hill 0. 10. The motion was agreed to; and the Senate, as in Commit e of the Whole, proceeded to consider the hi I (H.R.No. 610) to incorporate the Academy of Music of Washington city. It authorizes Max Strakose h, William G. Pope, Max Maretzck, W. G. Metzcrott, Jose 1h J. May, B. F. Isherwood, John G. Clark, enry C. Sherman, Carl Bergman, and F. C. Adams, or any 5 of them, to receive subscriptions to the capital stock of a company to be denomi nated the Academ of Music of Washington, District of Colum in. which company is to have the usual powers and privileges of a corporation. The capital stock is to consist of 10,000 shares at 50 dollars a share. The president and directors are to be authorized, on behalf of the company, to purchase and hold in fee simple, or lease for a term of years. real estate in the city of Washington sufficient to enable them to erect thereon a building suitable for operatic, dramatic and other entertainments, in such manner, and upon such terms, as may be by them deemed for the best interests of the company. The ComDistCol reported the bill with an amendment to strike out the 7th section of the bill, in the following words: 550:7. Abife: That the said company are hereby authorized to borrow moneyto an amount not exceedingtheirenpital stock. Upon bonds to be issued by said company. secured upon their property and franchise s: Provided. That no bond she be issuedfor a lesssum than 8100 and bearing a greater rate of interest than 7%. perannum.
Mr. MORRILL. I am rather inclined to hope that the Senate will negative this amendment. This 7th seenou authorizes the company to borrow money on mortgage of the franchise and capital stock. The committee, asa general statement, were rather opposed to the principle. I did not suppose it was of very much importunce anyway, at those who are intereste in the enterprise have called upon us to say that they deem this section very important to the success of the academy. On the whole, as I suppose no possible injury can result from it, I am rather inclined to hope that the Senate will allow the Academy of Music to have their own way on that subject. The amendment was rejected.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. ITHISOSA I. EXPLANATION.
Mr. WILSON. Some days ago, in debate, I alluded to Lieutenant Colonel hIcKelvy, nominatedasmarshallbrwestern Pennsylvania. I stated that he had been tried by a court mar tial and ordered to be dismissed, and would have been dismissed the service and imprisoned had it not been for the interference of friends. I received a communication from a gentleman of character and standin making that statement, stating that he would have been not only dismissed the service, as he was ordered to be by a court martial, but would have been imprisoned had it not been for the interference of General Moorhead, of his district. I have since had placed in my hands a copy of the record of the trial, and I rise simply to say that on examining the papers, they donotjustify the statement made to me and which I repeated to the Senate. 1 have no disposition certainly he do him the least injustice m the world, and I therefore make this explanation. METROPOLITAN MINING COMPANY.
Mr. MORRILL. I now more the Senate to take up for consideration Senate bill No. 178. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the hill (8. No. 178 to incorporate the Metropolitan Mining an Manufacturing company. It authorizes John Ford, George D.Williams, Thomas W. Hyde, Olivered wards, Charles H. Herd. Samuel A. Fulton, Charles Otis, Charles A. Eclcston, Geo e W. Holmes, Joseph E. Hollis, John F. rod head, and Lewxs P. Moody, or any 5 of them to receive subse ritions to the capital stock O a company to be enominated the Metropoli tan Mining and Manufacturing Company. The capital stock of the company is to consist of 20,000 shares of $100 each. I The president and directors are be authorized, on behalf of the company, to purchase and hold by deed for a term certain or in fee simple, lands and other real estate, and to car on the business of mining for iron ore another native minerals, and manufacturing and ireparing the some for market; and to issue honds not exceeding 1/2 of the ca ital stock, upon such terms as may be deeme for the best interests of the company; but no bond is to be issued for a less sum than $100, or hearing interst at a rate exceeding 6%. perannum. The ComDistCol reported the bill with an amendment, in section one, line 9, after the words “Metro politan Minin and Manufacturing Company" to insert “ 0ft e DistCol.” The amendment was agreed to.
Mr. GRIMES. I will inquire of the chair man of the ComDistCol where this company is to do its mining.
Mr. MORHILL. The Senator will see that I propose to confine the commanyto the DistCol. They will have no power outside of the District.
Mr. GRIMES. I ask for the reading of the amendment again. The Secretary again read it.
Mr. GRIMES. I do not understand that that limits the power of the company to transpet its bulinus entirely within the DistCol. That is merely fixing the name of the company. This corporation has very large powers. As the bill now stands, it seems to me they can transact their business anywhere in the world.
Mr. POMEROY. I do not know that there is an law against a company incorporated in the district going wherever any State has a mind to let them go. I do not know anything about this company. Incver iaid an attention to it until this moment. Ilknow that one State, the State of Iowa, for instance, will make a corporation, and that cororation will doits business in NewYork. y State, and all the States, will incorporate a company, and the 1st we know of the company their office is in NewYork or Boston, and they are doing business there. Now, I do not know but that Congress has as much right as a State in this respect. Of course Congress cannot incor porate, or at least ought not to incorporate, a company to allow it to do business in a State against the laws of that State; but if it is in harmony with the laws of the State, I do not know that that is an objection which ought to defeat the bill. I confess, in regard to this company, I cannot conceive what business they are going to do in the District; but then I am not posted as to that. I never heard of it before. may do business outsi the District is only giving to a corporation of the District the same power given to the corporations of every State, because there is no State in the Union which does not create cororations that carry on their business outside of the State. Of course they have to do it in accordance with the laws of the State where they live, and in barmon with those laws, not against them. So with this company; I suppose it can travel all over the U.S.
Mr. GRIMES. I think the Senator is mistaken in point of fact. I think there are a great many States that refuse to incorporate companies to O beyond the State to transact bnainess. I do not believe that the State of which I am a citizen ever has, or ever will, consent to charter a corporation whose whole business shall be transacted beyond its jurisdiction. It is not good faith to the other States. One State refuses to rant to certain gersons a franchise, and then ey go over the State line, and there, by some hoens pocus in legislation, secure a franchise from another State and then come back into the State that has already refused the franchise and do business there. I do not know anything about this company. I understand the Senfrom Maine proposes to amend the bill so as to limit it, but it. may be possible I do not suppose it is in this instance that these identical men endeavored to obtain a charter, for in stance, in Pennsylvania or Nevada, and were refused, and now they come here to the national Government and ask us to give them just such a charter as has been refused by those local Legislatures, and then go into Penffsylvania or Nevada and transact the very kind of business which the authorities of those States refused to bestow upon them the authority to do.supposewe grant this charter and the State of Nevada or the State of Pennsylvania denies them the privilege of exercising their franchise; do you not suppose they will insist upon exercising it under this law? They will insist that here is the imperial Legislature of the country that has granted them the franchise, and that that franchise overrides all State authorities on the subject.
Mr. POMEROY. The Senfrom Iowa did not entirely comprehend the point I made. I did not say that the State ofIowa and the other States inserted in the act of incorporation itself a provision that they might go anywhere, but they go without such a provision. The senator will be reminded that some railroad companies of his State have their offices and do their business in NewYork. The same remark is true of my State and of all the western States. There is nothing in the charter about it. But the simgle provision that they I eo
Mr. GRIMES. But the entire property of those railroad companies is in my State; their entire business is done there, with the single exception that the treasurers office is kept elsewhere; and they are incorporated under our law.
Mr. PO MERCY. The meetings of the stock holders must be held within the jurisdiction of the authority making the cororation, but the directors meetings are not icld there at all. Take, for instance, the Hannibal and StJo seph railroad, in the State of Missouri. They have never had a directors meeting there, but the stockholders meetings are always held there.
Mr. HENDRICKS. I think the Senfrom Kansas is mistaken upon the law of this question. After very great argument, and in a very important cause, it has been decided in the State of Indiana that a corporation has a life only in the State that creates it by her laws, and can exercise its franchises by its board of directors only in that State. I think in 1 Black the same doctrine is incidentally decided by the SCOTUS in regard to the Ohio and Mississippi Railroad Company. I do not think the board of directors can hold a meeting outside of the State in which the company is incorporated unless that State and the other State both conour in the proposition that they may do so.
Mr. POMEROY. The point I was making is a matter of almost every day occurrence. There is hardly a week that the directors of corrations created by the laws of Missourion Iowa and Kansas do notmeetin NewYork or Boston to do the business. It a matter which occurs constantly; and it is because the Gagitalists are there.
Mr. GRIMES. What does that prove? They are not the corporntors.
Mr. POMEROY. They have the functions of the cororation.
Mr. GRIMES. They are the mere agents of the corporation, and have no more authority than the president of the road bus, when he goes to buy iron or anything else.
Mr. POMEROY. All the authorities of the corporation are exercised for the time being by the board of directors.
Mr. GRIMES. Only such as are delegated to them.
Mr. POMEROY. The directors always have delegated authority. They are chosen in the 1st instance by the stockholders in the State; but, after having been chosen by the stockholders in the State, they have, during the time they are in office, the entire contro of the franchise. The only point I wished to make in this connection was I know nothing about this company that if a State could make such a corporation, why could not the General Government do it. The State of NewYork has a general law, under which corporations are constantly being organized to go all over the countr. You find companies incor porated under t. e general incorporation act of the State of NewYork doing business in every State of the Union. It is a matter of constant occurrence that parties who have franchises from the States have their Offices and do their business wherever they find it for their interest to do it, even outside of the State that created their corporation; but their directors are all chosen inside the State, and the stockholders meetings are always held there.
Mr. MORRILL. I understand it. In the 1st place it associates certain gentlemen together as a body politic and corporate, and declares that “it shall be lawful for the said corporation to have a common seal. sac and be sued, plead and be impleaded, and have and exercise all the rights, privileges, and immunities for the purpose of the corporation hereby created." The rest of the sections, down to the section giving certain power, are taken up with the organization of the company. The 6th section, which bears on this question of authority, reads as follows: SEC. 6. Abife: That the president and directors are hereby empowered and fully an I will explain this bill as thorised. on behalf of said company, to purchase and hold by tltttlfor a term certain or in fee simple. lands and other real estate. and to carry on the business of mining for iron ore and other native miner als. in? manufacturing and preparing the samefor mar c. That seems to be the full scope of the bill. There is another section which touches on the question of authority, and I believe that is all there is, and that is the 5th section: See. 5. Abife: That tho president and directors for the time being shall have power to 0rtlnin, estnblish, t1n(lput in execution such rules, regulations. ordinances, and by Iuws as they may deem essentialfor the well government of the institution, not contrary to the laws and Constitution of the U.S or of this act, and zeno rnll to do and perform all acts, matters and things I ich a corporation may or can lawfully do. So that the question of power would seem to be about this: these persons are associated as a body politic and corporate, with the privilege to use a common seal, and with the great privilege of being sued and to sue. Then they are to have the right as a body corporate, an arti ficial person, to purchase and receive the title to res estate for the purposes of carrying on the business of minin and manufacturing.
Mr. MORRILL. Wherever they can make the bargain. They are an artificial person, and being so, there is no limitation that I know of either in the Constitution of the U.S., or any of the States, that they shall not. be at liberty to make the bargain. There is nothing more common than for persons associated into a corporation, and thereby becoming artificial persons, to have the right to trade, the right to make bargains, the right to sue in any of the courts of the States, the right to carry on business. Why not? Is that against the policy of the law in any particular whatever? Is there any State or national law that is opposed to the policy of tare persons associating themselves together as an artificial person an doing what is perfectly legitimate and lawful to he done by contract in those States? That is this bill and nothing more.
Mr. MORRILL. Before the Senator gets up to criticise I want to anticipate a difficulty which I am afraid he saw and which I did not see until I read it just now, and that is in the 5th section, giving to the directors authority to make “ y laws not inconsistent with the laws of the U.S. ” I think that might be obnoxious to the criticism of my friendfrom Iowa, that they might claim to do somethings by virtue of this authority which would not be permitted in the States. I move, therefore, to amend the 5th section by inserting, after the words “ U.S., ” in the 6th line, the words, “or of any State, " so that the authority to be exercised under this bill shall always be in submission to the laws of the States.
Mr. HENDRICKS. I think this is rather a grave matter, in view of the fact that this corporation cannot exercise any of its functions or franchises in this District. There is no mining to be done here. Now, I wish to ask the Senator whether, under the clause of the Constitution which confers upon Congress the power of exclusive legislation over the DistCol, it is proper for us to pass a bill creating a corporation when we know that that corporation is not for the DistCol, when we know that it is not to transact business in the DistCol, but with a view to mining somewhere else. Is that within the spirit of the provision of the Constitution conferring upon Congress the power to legislate for this district? It does not seem to me to be within the spirit of that provision.
Mr. MORRILL. I have some other measures which will not lead to debate, and I will allow this bill to pass over by common consent and call u some other bill. The PR SIDENT protempore. it is moved that the further consideration of this bill be postponed until tomorrow. The motion was agreed to. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read by their titles and referred as indicated below: A bill (H.R.No. 379) to establish in the DistCol a reform school for boys to the ComDistCol. A bill (H.R.No. 564) to annnl the 34th section of the declaration of rights of the State of Maryland, so far as it applies to the DistCol to the ComDistCol. A bill (H.R.No. 601) to grade East Ca i tol street and establish Lincoln square to t ie ComPubBldg and Grounds. AMERICA FIRE INSURANCE COMPANY.
Mr. MORRILL. I now ask the Senate to take up for consideration Senate bill No.296. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.296) to incorporate the America Fire and Marine Insurance company of Washington, DistCol. It authorizes J. L. Kidwell, Francis Wheatley, Esau Pickrell, J. B. Davidson, and Thomas I. Davis, of Geor etown, DistCol; and Benjamin call, B. L. Jackson, Joseph F. Burr, Augustus E. Perry, and Frederick Koones of Washington, DistCol, or any live of them, to receive subscriptions to the capital stock of a coman to be denom noted the America Fire an Marine Insurance Coxnpan of Washington, DistCol. The company are to have the usual powers and privileges of a corporation. The capital stock is to consist of 20,000 shares of 50 dollars each.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. CHESAPEAKE and POTOHAC TIDEWATER CANAL.
Mr. MORRILL. I ask the Senate to take up for consideration Senate bill No. 281. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.281) to authorize the Chesapeake Bay and Potomac River Tide water Canal Contpany to enter the DistCol.
Mr. WILLEY. The ComDistCol have reported an amendment as a substitute for the entire bill, and I therefore suggest that the reading of the original bill be oniited.
The PRESIDENT protempura. The reading of the original bill will be dispensed with, ifthere be no objection, and the amendment only be read.
Mr. WILLIEY. I move to amend the amendment in section one, line 12, by strikin out the word “ Biddinws” before the wor “ bridge” and inserting the word " Bennings."
The PRESIDENT protempers. That correction Will be made as it is a clerical mistake. The question is on the amendment reported by the committee as a substitute for the original bill. The amendment was agreed to.
Skip Skip The bill was ordered to be engrossed for a 3rd reading. was read the3rd time, and passed. Its title was amended so as to read: A bill to authorize the Chesapeake Bay and Potomac River Tidewater Canal Company to enter the DistCol, and extend their canal to the Anacostia river at any point above Bennings bridge." COLORED schoolS IN WASHINGTON.
Mr. MORRILL. I now move to take up Senate bill No. 247. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.247) donating certain lots in the city of Washington for schools for colored children in the DistCol. The ComrPubBldg is required by the bill to transfer to the trustees of colored schools for the cities of Washington and Georgetown, in the DistCol for the sole use of schools for colored children in the District, all the right, title, and interest of the U.S. in and to lots numbered one and 2 in square numbered 554, and lots one, 2, and 18 in square 985, in the city of Washington, those lots having been desi ated and set apart by the SecyTnterior to be used for colored schools for present purposes. The ComDistCol reported the bill with amendments. The 1st amendment was in line 4, to strike out the word “transfer” and to insert the words “grant and convey.” he amendment was agreed to. The next amendment was in lines 9 and ten, to strike out the words“ one and 2 in square numbered 554, and lots;” so that the clause will read: i nAallntdhetpriglohtts. tnitulem.baenrdeiduotenrec, sttwofo.thaende U.S. square 985. The amendment was agreed to. The next amendment was at the end of the bill to strike out the words “for present purposes, " and to insert: and whenever the sameshall beconvertedto other usesthey shall revert to the U.S. The amendment was agreed to.
Skip Skip The bill was orderengross for a 3rd reading, read the 3rd time, and passed.
Mr. LIORRILL. I now ask the Senate to consider Senate, bill No.246. The motion was agreed to; and the Senate, asin ComWhole, proceeded to consider the bill (S.No.246)relating to public schools in the DistCol. It provides that the 18th section of the not entitled "An act to provide for the public instruction of youth in the county of Washington, DistCol, and for other purposes, " approved Jone 25, 1864, shall be so construed as to require the cities of Washington and Georgetown to y over to the trustees of colored schools oft ose cities such a proportionate part of all moneys received or expended for school or educational purposes in them, including the cost of sites, buildings, improvements, furniture, and books, and all other expenditures on account of schools, as the colored children between the ages of 6 and 17 years, in the respective cities, bear to the whole number of children, white and colored, between the same ages. The money is to be considered due and payable to the trustees on the 1st day of October of each year, and if not then paid over to them, interest at the rate of 10%. perannum on the amount unpaid may he demanded and collected from the authorities of the delinquent city by the trustees. The trustees may maintain an action of debt in the supreme court of the DistCol against said cities of Washington and Georgetown for the non-payment of any sum of money arising under the act of June 26, 1864.
Skip Skip The bill was reported to the Senate withogt amendment, orderengross for a 3rd reading, read the 3rd time, and passed. WASHINGTON GAS LIGHT COMPANY.
Mr. MORRILL. I move to take up House bill No. 558. The motion was agreed to; and the bill (H.R.No. 558) to amend the charter of the Washington Gas Light company was considered as in ComWhole. It proposes to amend the charter of the Washington Gas Light Company in the 3rd section by substituting the word “ February" for “ January” and also to increase the capital stock of the company $500,000, subject to the same liability as is provided in the 11thsection of the originzsil act of incorporation, approved July 8, 184.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. RAILROAD CONNECTION AT WASHINGTON.
Mr. MORRILL. I move that the Senate proceed to the consideration of Senate hill 0. 264. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.264) to grant certain privileges to the Alexandria, Washington, and Eeorgetown Railroad Company in the DistCol. The bill proposes to give the consent of Congress to the Alexandria, Washington, and Georgetown Railroad Company using steam power in drawing cars on the structure across the Potomac river erected by that company, under the provisions of the act entitled “ An act to extend the charter of the Alexandria and Washington Railroad company, and for other purposes, ” approved lilar 3, 1863, and along the railway now laid by the company, or which may be hereafter laid, under the provisions of that act. along Maryland avenue and 1st street west, in the cit of Washington, to the present depot of the I ashington branch of the Baltimore and Ohio railroad, subject always, and in all particulars, to such restrictions and regulations concerning the use of such steam power as the corporation of Washington may, by its ordinances, at any time impose upon, or at any time require of, the rai road company.
Mr. (iltl) ES. I understand that that bill grants to this company the power to rim its trains through Maryland avenue and across Pennsylvania avenue at the foot of the Capitol rounds.
Mr. GRIMES. I hope the such a bill will not be passed. That is a question that has been brought before Congress for 8 years, to my certain knowledge, and I believe we have always refused to grant the privilege. By some sort of legerdemain this company has during the war exercised, as a sort of war right, the privilege to run steam cars from the depot of the Baltimore and Ohio road down to the bridge; but I always understood it was to cease With the war. I see by the newspapers that it is constantly attended with destruction of property, and I believe in several instances with loss of life. The understanding was that a connection was to be made by a tunnel on the other side of the Capitol.
Mr. JOHNSON. That was the proposition made by the Baltimore and Ohio Railroad company some years ago.
Mr. MORRILL. I think the Senfrom Iowa is misinformed, perhaps, about the facts.
Mr. MORRILL. The general facts. This bill makes no alteration in, gives no additional right he ond, the act of 1863 authorizing the Alexan ria, Washington, and Georgetown railroad to extend its road by Maryland avenue and make connection with the Baltimore and Ohio road, and also to build a bridge across the Per tomac river; but it was not to use the motive power of steam except by the consent of the city of Washington and of Congress. The inicrence, perhaps, might be fairly enough that Congress would give its assent. ow, as a matter of fact, all that time and something more, since the passage of that act, this road has been operated by steam and is so operated now. I suppose nobody would think it desirable to limit the use oi steam over their own bridge. On Maryland avenue there is no objection of course to the use of steam. It is a very broad street and the use of steam there would find its parallel in most of the large cities of the country in Philadelphia, for instance, and Baltimore. The curs run for a much larger distance through a much more dense population in the city of Baltimore.
Mr. MORRILL. Yes, by steam, both at this side of the city and on the other. Through the most dense part of the city, for ashort distance the cars are drawn by horses; but the distance on go by steam before you reach the depot in altimore is much greater than the distance from the brid O up Maryland avenue. The only point of difficulty aboat this at all, to my mind, was whether they ought to operate this road by steam in front of the Capitol, across from arylond avenue to the depot; but that has been done for 3 long years and more; it is done every day. The accident to which the Senator alludes there was an accidentwas caused by an engine coming in collision with a horse car; but. it was the fault of the horse car and not the fault of the railroad. The corporation of Washington have given their assent, and the bill is predicated upon the assent which has been obtained from the cit of Washington.
Mr. FESSENDEN. Does the bill allow them to pass in front of the Capitol grounds on the west?
Mr. MORRILL. Yes, air; but I have no objection to that being stricken out.
Mr. GRIMES. Strike out all after " 1863" in the 10th line.
Mr. MORRILL. We have a bill now before our committee, and I think it has been reported in the House, changing the location of this route, as it manifestly ought to be, from the rear to the front, requiring them to tunnel under the streets in front of us. That is contemplated and that will be done; but I suggest whether gentlemen really believe there is any necessity at this moment for interfering with the pradtice which has obtained now tor 3 years.
Mr. GRIMES. Then what is the use of passing the last part of this bill?
Mr. MORRILL. The reason is obvious. While this road was being run by the War Dept under the war power we did not any of us feel exactly like running against the engine driven by such a power; but now they have surrendered it to the company and the company do not feel that they are authorized to run the road by steam, as it has been run for the last 3 years, without the consent of Congress, and I think they are very right about it
Mr. GRIMES. I move to strike out all after 1863" in the 10th line.
The Secretary read the words proposed to be stricken out, as follows: and along the railway now laid by said company or which may be hereafter land.under the provisions of the said uct.along Maryland avenue and 1st street west.in the city of Washington, to the present depot of the Washington branchof the Baltimore and Ohio railroad: subject nlways and in all particulars. to such restrictions and regulations eo nce rn in the psoof such steampower as the corporation of Wash mgton may, by its ordinances. at any time impose upon or at any time require of. the said railroad company.
Mr. FESSENDEN. New read the 1st ten lines.
The Secretary read as follows: That the consent of Congress be and the someis hereby.granted to the Alexandria. Washington and Georgetown Railroad Company to use steampower in drnvnnu the cars of said company on the structure across the Potomac river erected by said company. under the provisions of the not entitled "An act to extend the charter of the Alexandria and Washington Railroad Company and for other purposes, ” approved March 3.1363.
Mr. FESSENDEN. That bridge runs right along side of the Long bridge, as it is called. The objection before was that it would make the bridge dangerous to travel on.
Mr. HENDERSON. This is a new bridge, right by the side of the other.
Mr. MORRIlib. A little distant from it. There will be no difficulty on that score.
Mr. GltIMES. If the amendment which I [haveproposed shall be adopted, it will give to this railroad company the privilege of passing over the railroad bridge by steam; but it will deny to them, or rather it will fail to confer upon them, the right to pass along Maryland avenue and in front of the Capitol grounds on the west by steam. This company has from the time it changed its ownership been constantly grasping after these privileges. As an army ta esafortification, ithas been approaching the proposition that is now before us by arallcls and by regular approaches, until finally it has a bill here whieli gives it unlim ited sweep right through the city, and where, certainly as long as I have been here 8 years and a good man years before, I know Congress utterly refus to allow them to M88 with steam power. One of the schemes for enlarging the public grounds around the Capitol is to take in the very ground over which this read now passes. Grant them this franchise, and then where will you be ifyou conclude in the future to extend the grounds in that direction?
Mr. JOHNSON. We can alter or repeal e act.
Mr. GRIMES. But of what value is a provision reserving the power to alter or amend one of these charters?
Mr. GRIMES. But there is an appeal at once made to vested rights. There never was an interference with a charter made yet, and I presume never will be as long as the government stands. The reservation of the power does not amount to a thing; it never was exercised and it never will be exercised. I would just as lief grant a charter without any reservation of the right. to alter or amend as to grant it with that. But I understand that this railroad company have the privilege now from the city authorities of running through Maryland avenue; I do not want to cut them off imme diately from running through Maryland have nue; but ifyo i pass this bill the way it is now the will not any longer talk about coming up an making a tonne east of the Capitol and avoidin hlgar land avenue and 1st street west; t iey will have got all they want.
Mr. MORRILL. They are very anxious for the tunnel.
Mr. JOHNSOI. Permit me to ask whether a bill did not once pass to that effect.
Mr. JOHNSON. Did it not pass the Senate, I mean?
Mr. GRIMES. There was a report made in favor of it.
Mr. FESSENDEN. No, never a report made in favor of that. There was afterward a report made by Mr. Bayard, as chairman of the ComPubBldg and Grounds, but it did not go as far as that.
Mr. JOHNSON. You proposed to go to 3rd street?
Mr. IENDRICKS. It is suggested to me that some people may get killed. I know people are sometimes killed at Indianapolis, but that seems to be almost a necessity of commerce and trade, and we cannot help it. people who travel in cars are liable to be killed. people crossin the railroads in their wagons on the roads t rough the country are oceasionally killed; but we cannot help that. There is no inconvenience here that amounts to anythin. I do nottlrnow whether I am really in favor of this bill, but I did not want to consent to the plausible propOsitions of the Senfrom auto.
Mr. HENDRICKS. I think one remark of the Senfrom Maine was not exactly just. I was not interosing for and I do not refer to, the interests O any railroad company. I said I did not know this company. I did not know what the interest was, and my whole argument was, that a mere matter of taste or the pleas ure of people here should not stand in the way of a great railroad connection.
Mr. FESSENDEN. Then my friendfrom Indiana misunderstood me. I am not troubling myself about the convenience of the people of Washington particularly, but here is our Capi tol, here are our public rounds; we ourselves pass directly every day from the foot of them across the avenue. we ought to have grounds suitable to the building we occupy, the Capitol of the nation; and it is totally inconsistent with that idea and totally unnecessar, too, that we should havea railroad company priving enginesanditse ars directly through these ounds or directly across the foot of them, where we must necessarily pass to and fro every day when Congress is in session, when they can find another mode of crossin at perhaps some additional expense to themse ves. I agree with the Senator that it might be very important and very well to have a connection across this city, north and south, but I do not see the absolute necessity that it should go in one direction rather than another. That never has been proven to my satisfaction.
Mr. HENDRICKS. The remark of the What I contend for is that Senator that I objected to was that in few remarks had satisfied him that when a.railroad company is on the one side and the public interest on the other, he always saw that the railroad coman won the field.
Mr. FESSENDEN. I will say to the Sea ator exactly what I meant by that. I had made the remark before thatit always turned out to be so, and when Isaw so very sensible and so very clear headed a man as m honorable friendfrom Indiana taking that line of argument, it satisfied me of the truth of my previous remark.
Mr. HENDRICKS. I will tell you what I think it ought to have satisfied the Senator of that the true interests of the country must be respected. Now, I do not know this company, and I care nothing about it as a company, whether it makes profit or not; but to make a railroad connection I do care about. That is of prime importance; and this thin of tunnelin around to the east of the Ca ito I do not believe anything in. I do not think it will eyer be done. I have no faith in that, not a particle. I do not believe there will ever be any tunnel made there.
Mr. FESSENDEN. I do not either, if they can cross down here.
Mr. FESSENDEN. That I do not want them to do.
Mr. GRIMES. I withdraw my amendment and substitute in place of it an amendment in the 13th line striking out “and 1st street west.”
Mr. JOHNSON. I ask the honorable member how that affects the bill.
Mr. GltlMES. It will leave the company the privilege of crossing the bridge and it my lanrfavenue, but will not grant them the privilege of crossing Pennsylvania avenue or irst street in front of the Capitol grounds.
Mr. JOHNSON. It is very important, as I think, that there should be a continuous communication. That it ought not to be in front of the Capitol I admit, except as a temporary revision. That the Capitol grounds ought to extended, I also agree with the Senfrom Maine. But I do not know that any any actual inconvenience has occurred, or, except upon one occasion, any accident has occurred, from running the ears across in front of the grounds as they now stand. think the Baltimore and Ohio Railroad company once aplied for permission to connect their road wrt the Virginia roads by tunneling here to the east, and that application, I think, they have renewed. I have no doubt that if Congress will give them the privilege of making a connection in that way they will avail themselves of it; but in the mean time it would be very injurious to the people South and North that the should be stopped at Maryland avenue.They must then make the connection with the Baltimore and Ohio road above, either in omnibuse s or horse cars, or by walking, and they must dispose of their baggage in the same way. If the honorable member will limit the privilege that this is to give to some 3 or 4 or 5 Years, I thin it would answer his purpose.
Mr. MORRILL. I think I ought to explain this bill a little further. I am sure the Senate do not quite understand it. I have already said that what the bill now contemplates has actually been practiced, not by this company, but by the War Dept, for the last 4 years, and there has been no practical incon venience resulting from it. They have now built a bridge at great expense across the Potomac river and are running, I am told, some ten trains a day between this place and the city of Alexandria. Now, if they should be restricted to the Potomac river, to simply crossing the river, it will be seen at a glance what the inconvenience to the public would be here, and would be hetweenathe Baltimore and Ohio depot all this distance to be made good in some way, by carriages, the I think there is something in the argument of my colleague Where the grounds. a, “ as to the crossing here in front of the Capitol grounds; and if it was intended to be a permanent thing, I would not give my consent to it. But I know the fact that a bill is already pending to change the location from Maryland avenue around to the east side of the Capitol, and there pass by a tunnel to a connection on the north side into a common depot with the Baltimore and Ohio railroad. Now, I suggest whether it is worth while to interru t the communication that has been made or 4 years in front of us here. For the present, why not allow the company to continue to practice what has been so safely practiced for the last 4 years, until a communication can be made on the east side of the Capitol? The amendment proposed by the Senfrom Iowa relieves the matter very much, because it gives the company the right to cross the bridge and the right to come up Maryland avenue, but it leaves the connection between Maryland avenue and the Baltimore and Ohio railroad depot unprovided for. If that is the sense of the Senate, that they ought not to make the connection, I am content.
Mr. HENDERSON. I said 3 years ago, but I take that back. It is 3 years ago since we gave authority tobuild the bridge. It was constructed, I think, within about 12 months. They have been using steam upon the bridge now for about 18 months or 2 years, and not a single accident has occurred in consequence of it. I have heard of but one accident from the use of steam, even upon 1st street west, and that has been alluded to, I believe, by the Senfrom Maine, and it turned out in that case that it was not the fault of the railroad company, but the fault of the driver of the horse car. Now, the question arises. whether it would be advisable to abandon this direct communication between the Baltimore and Ohio railroad and the Alexandria railroad, or rather to use horse lpower in drawing the cars through this city, t us obstructing to a certain extent trade and travel between the North and the South, because this is the only line that affords direct railroad communication. The Baltimore and Ohio railroad cars go through with steam a portion of the city that is more densely popu ated, or atleast as much so as Maryland avenue.
Mr. HENDERSON. They use steam comin into their de ot on the north side.
Mr. JOHNSON. But there are no houses there.
Mr. HENDERSON. I can hardly see any houses on Maryland avenue to be injured or endangered by the use of steam.
Mr. JOHNSON. The Philadelphia railroad goes through a large extent of the settled part of Baltimore by steam.
Mr. HENDERSON. Yes, that is on the other side; and on this side also the Baltimore and Ohio railroad in approaching the depot in the city of Baltimore passes through a portion of that city much more densely populated than is any part of the city of Wasingtw where it is proposed to run these cars by steam. This is one in almost every city of the Union. It is done in Chicago; it is done in Cleveland; it has been done in the city of StLouis during the whole period of the War, and I do not now remember any case of an accident having occurred in consequence of it. Possible accidents have occurred; but certainly very few, if any, in consequence of the use of steam. I have not hea of a building being burned, or even of any collision between the drays upon the wharves at StLouis and the steam engines. I do not propose to have the permanent use of 1st street west. have the same objection to that which the Senfrom Maine presented. In fact that right is worth a great deal to this compan; it is worth an immense amount to them. The truth of the matter is, that the Baltimore and Ohio Railroad company is very anxious to secure the privilegeof tunneling the ground for half a mic or t ree quarters of a mile on the cast of the Capitol, and thusto getapermanent connection between the northern and southern lines of railroad in this country. They estimate the cost of that work at more than a million dollars, and they are very willing, indeed very anxious, to secure that privilege at the handsof Congress. I would not grant the privilege of using 1st street as a permanent privilege, but I would give them the temporary use of the street while the tun nel is being constructed, by means of which they can get under ground on the northern side of the city, and keep under ground until they appiroach the canals th of NewJersey avenue.
Mr. FESSENDEN. That is where they should go.
Mr. WADE. They have not passed on that bridge for along time.
Mr. HENDERSON. I now understand that it was dangerous; I did not know that fact before.
Mr. FESSENDEN. I suppose, then, the reason that no accidents have happened is because nobod crosses it.
Mr. HEND PRSON. There was crossing there after the company commenced using steam. I would state that upon an examination of the subject I think it is likely that we can [secure the bridge at Georgetown. The Canal Company owes the Government $300,000 loaned in 1837. No attention has ever been paid to it. The canal is very unprofitable stock in the hands of the company. It is worth nothing. Indeed, it is doubtful whether the company would ever again use it as a canal. certainly if we take the past exerience of the canal, the profits of the pusi uess will not pay for the necessary repairs in order to use the bridge as an aqueduct again. Under the circumstances, inasmuch as the travel is now passin over the bridge at Georgetown almost entire v, and inasmuch as no inconvenience can arise from using steam across the railroad bridge, which is a very superior structure, and the company de serve a great deal of credit for constructing such a work as it is, and inasmuch as commerce would require that if we can use with anything like security the streets of the city in order to connect the lines of railroad we should do so, I think we had better pass the bill, limited as I have so ested. The Senfrom Iowa is a friend of intercommunication, and even went so far, the other day, as to see no objection to bridging the Father of Waters.
Mr. HENDERSON. I believe he made no objection at any point to very lowstructures. I suggest to him that he had better withdraw his amendment, and let us give for a period, say of 2 years, the privilege to use steam over the line where it has been used for the last 3 years; and within those 2 years I have no doubt wo shall pass a bill authorizing a tunnel, because they can make it perfectly secure, and within that time perhaps they may complete the tunnel east of the Capitol.
Mr. FESSENDEN. Why not pass the tun nelin bill, and in that bill tel them they must have their tunnel done in a certain time, and until that time expires they may use this crossing?
Mr. HENDERSON. I have no objection to that course of proceeding.
Mr. FESSENDPTN. Then you would make one dependent on the other.
Mr. HENDERSON. I have no charge of this bill.
Mr. FESSENDEN. Your committee has charge of the question.
Mr. HENDERSON. It is as the Senfrom Maine [Mr. MORRILL] may see fit in regard to it.
Mr. HENDERSON. I have no doubt we shall pass that bill. It was put in my charge. I am ready to report it at any time. I have it not here; it is at my room.
Mr. MORRILL. With that understandin, I ask that this bill be laid aside, and I will ca 1 up another.
The PRESIDENT proIempore. It is moved that the further consideration of this bill be postponed until tomorrow. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPiisasos, its Clerk, announced that the HoRep had passed without amendment the JtResolution (S.R.No. 97) to authorize certain medals to be distributed to veteran soldiers free of postage., The message also returned to the Senate, in compliance with its request, the bill (S.No.305) to amend an act entitled “An not concerning notaries public for the DistCol, ” approved April 8, 1864. The message further announced that the HoRep had passed a concurrent resolution for the appointment of a JtCommee of the 2 Houses to investigate the action of the Freedmens Bureau and its officers in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The message also announced thatthe Speaker of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President protempore: A bill (S.No.186) amendatoiy of an act to provide for the reports of decisions of the SCOTUS; JtResolution (S.R.No. 61) to extend the time for the construction of the 1st section of the Western Pacific railroad; A bill (H.R.No. 265) granting a pension to John Hoffman, of Madison county, in the State of NewYork; A bill(H.R.N o. 368) for the relief of Francis A. Gibbons; A bill (H.R.No. 434) for the relief of Isa bella Strubinge A bill (H. No. 445) for the relief of the legal representatives of Betsey Nash; A bil H.R.No. 460) granting pension to Spencer ellogg;. A bill (H.R.No. 494) for the relief of Martha J. Willey A bill (H. it. No. 563) to regulate the time and fix the place for holding the circuit court of the U.S. in the district of Virginia, and for other purposes; A bill (S. o. 132) to prevent and punish idnaping; and A bill ( S.No. 316) to establish a post route i from West Alburg, Vermont, to Ciamplain, in the State of NewYork, and for other purposes. raasnusss nuaasu.
The PRESIDENT protempore laid before the Senate the following concurrent resolution from the HoRep: Resolvedbythe HoRep (.theSonat concurring) ThataJtCommeeconsistingof 2 Senatorsand 3 membersof the HoRep be up iointed to investigate the action of the Freedmens small and its officer sin the States where the bureau has beenin operation. with power to send for personsand papersand examinewitnesses under oath; and that said committeemake personal examination and report the facts to Conness; and saideommittee is out mind to employ astenegrapher and clerk. TheSe rgean. but Arms of the Senate or House or either of their deputies.is directed to accompany the committee; and the committee shall have power.to report at any time and the expenses necessarilyincurred by said committeeshall be paid put of the contingent funds of the Senate and House in equal proportions.
The PRESIDENT protemporc. What order will the Senate take upon this resolution?
Mr. JOHNSON. Let it lie on the table for the“ resent. the motion was agreed to.
Mr. TRUMBULL. I move that the resolution be printed, so that we may see what it is. The motion was agreed to. LIFE and ACCIDENT INSURANCE COMPANY.
Mr. MORRILL. I now ask the Senate to take up for consideration Senate bill No. 290. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.290} to incorporate the National Life and Accident nsurance company of the DistCol.
Mr. TRUMBULL. We have passed today quite a number of bills incorporating companies, and this seems to be a bill of consider able importance. I move that the Senate do now adjourn, and let it go over. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Moxnnr, May 21, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Saturday was read and approved.
The SPEAKER stated as the 1st business in order the calling of the States for bills and JtResolutionson leave to be referred to the appropriate committees and not to be brought back into the House on a motion to reconsider, commencing with the State of Maine. RIGHTS OF LOYAL CITIZENS.
Mr. LAWRENCE, of Ohio, introduced a bill to protect the rights of action of loyal citizens which was read a 1st and 2nd time, an referred to the ComJudiciary. PUNISHMENT OF CRIME.
Mr. LAWRENCE, ofOhio, introduced abill to define and punish certain crimes therein named; which was read a 1st and 2nd time, and referred to the ComJudiciary. U.S. COURTS.
Mr. LAWRENCE, of Ohio, introduced abill to amend an act to establish the judicial courts of the U.S.; which was read a 1st and 2nd time, and referred to the ComJudiciary. NATIONAL CURRENCY.
Mr. DUMONT introduced an act to amend an act entitled “An act to provide a national currency secured by pledge of U.S. bonds, and provide for the liquidation and redemption thereot” approved one 3, 1864 which was read a rat and 2nd time, and referred to the ComBanking&Currency. MILITARY RESERVE AT FORT GRATIOT.
Mr. TROWBRIDGE introduced a; bill to amend an act granting the right of way over the military reserve at Itort Gratiot, Michigan; which was read a 1st and 2nd time, and with an accompanyin letter from the SecyInterior reerred to the ComCommerce. PAY OF LETTER CARRIERS IN SanFranCIScO.
Mr. McRUER introduced a JtResolution authorizin the PostMGenl to pay additional sa arics to letter carriers in SanFrancisco; which was read a 1st and 2nd time, and referred to the comPostOffice. ACTING ASST SURGEONS.
Mr. DONNELLY introduced a bill relating to acting asst su cons in the U.S. Army; which was read 1st and 2nd time, referred to the ComMilAffrs, and ordered to be printed. PORTS OF DELIVERY IN NEBRASKA.
Mr. HITCHCOCK introduced a bill to constitute Omaha and Nebraska City, in the territory of Nebraska, ports of delivery; which was read a 1st and 2nd time, referred to the ComCommerce, and ordered to be printed. TRADE and INTERCOURSE WITH INDIANS.
Mr. BRADFORD introduced a bill in relation to trade and intercourse with Indian tribes; which was read a 1st and 2nd time, and referred to the ComIndAffrs. The call of the States and Territories for bills and JtResolutions being new completed, the Speaker proceeded to call the States and Teriitories, in an inverse order, for resolutions, commencing with the State of NewYork. Passions Ns nbassu.
Mr. LAFLIN introduced the following resolution, upon which he demanded the previous question: Remloed.That the Commissioner of the Bureau of Freedman. Refugees, and Abnpdoned Lands be directed to communicate to this Hpiise the reports recently made concerning the action of the bureau by Generals Steedman and Fullerton and by Generals Whittlesey and Sewell and such other reports recently made and not heretofore communicatedto Congressas may be in the possessionof that bureau.
Mr. LEBLOND. I desire to move an amendment to the resolution. I desire to have these reports published in connection with the testimony taken by the reconstruction cominitce, that they may go to the country for what they ur ort to be.
Mr. LAFLIN. It would be impossible to have that done now, because the printing of the report of the reconstruction committee is in sue a condition that itwould be impossible to do it.
Mr. LEBLOND. I ask if the report of the ComReconstruction has been published.
Mr. LAFLIN. It has not yet been delivered, but it is in print.
The SPEAKER. The Chair would state that if the resolution gives rise to debate it goes over under the rule.
Mr. LEBLOND. I simply wish to say that my understanding is that the report is being printed, but that it is in that condition that the reports of these generals can be added to it, and it ought to o to the country in that shape.
Mr. LAFLIN. I demiind the previous question.
Mr. RANDALL, of Pennsylvania. I desire to know if an objection does not make this resolution O over.
The SPEAKER. It would not do so now. The resolution has been debated since it was introduced, and it is too late to make.the point.
Skip Skip The previous question was 2nded and the mainquestion ordered; and under the operation t crcof the resolution was agreed to. Mr. ELIOT mtRtv the resolution was adopted; upon the table. Agreed to. TAX 0N COTTON.
Mr. DODGE presented memorials from the Chamber of Commerce of NewYork, in relation to the proposed tax of 5 cents perpound on cotton; which were referred to the ComWays&Means, and ordered to be printed. TAX 0N STATE BANK CURRENCY.
Mr. DAVIS submitted the following resolution, upon which he called the previous question: Resolved.That the committee onBanking&Car rency be authorized and directed to inquire into the expediency ot exemptins: the curreney of Statebanks outstandingonthelstday of July next from the tax of 10%. now provided by law until the lst day of July. 1867 or until someday previous thereto.
Skip Skip The previous question was 2nded and the main question was ordered; and under the operation thereof the resolution was agreed to. Mr. DAVIS mtRtv the resolution was agreed to on the table. Agreed to. The call of States and Territories having been concluded.
The SPEAKER stated the next business in order during the morning hour was the consideration of resolutions which have laid over under the rule, debate having arisen thereon. INSURGENT STATES. The 1st business under this rule was the following preamble and resolution introduced by Mr. McCLvac on the 5th of February last: Whereas it is clearly manifest that the continued contumacy in the seceding States renders it necessary to exercise congressional legislation in order to give to the loyal citizensr those states protection in their natural and personal rights enumeratedin the conltitution of the U.S and in addition thereto makes it necessaryto keep on foot.a large standing army to maintain the authority of the national government and to keep the peace; and whereas the country is already overburdened by a war debt incurred to defend the nationality against an infamous rebellion and it is neither just nor politic to inflict this vast. additional expenseon the peaceful industry of the nation: Therefore. Resolved.That it be referredto the JtCommee of the Senate and House to inquire into the expediency of levying contributions on these eedingStates to defray the extraordinary expenses that would otherwise be imposed on the General Government: and that said committee be instructed toreport.by bill or otherwise.
Mr. McCLURG. I call the previous question on the passage of the resolution.
Mr. RANDALL, of Pennsylvania. Will the Gentfrom Missouri[Mr. MCCLURG] amend his resolution 1" inserting after the word “ protection” the words “ and representation?
Mr. BRANDEGEE. I would suggest to the Gentfrom Missourithat this resolution does not specify the committee to which he proposes to refer this subject. It merely so a “that. it be referred to the jointcommittee of the Senate and House."
Mr. McCLURG. I will modify the resolution so that it shall read “ the jomt committee of 15.”
Mr. HENDERSON. I do not deem it necessa to ocen y any time in the discussion of these resolutions. I believe that the sentiments embodied in them are correct, and ought to be sustained. With the view of disposing of the matter as speedily as possible, I call the previous question.
Mr. ROSS. I would inquire of the Gentfrom Oregon whether he had not better modify his resolution so as to include northern rebels, and let them all be tried, “ without distinction of race or color.”
Mr. HENDERSON. Iinsiston the demand for the previous question.
Mr. NlBLACK. I would suggest that it would be proper to indicate about how man of these leading rebels ought to be execute. The language of the resolution is very indefinite. While we are instructing the President, I think we ought to state about the number that we want executed, and we ought also to name them.
Dkip Dkip The SPEAKER. The previous question has been 2nded, and debate is not in order. The main question was ordered; and under the operation thereof the resolutions were adopted. Mr. HENDERSON mtRtv the resolutions were adopted; on the table. Agreed to. QUALIFICATION of ELECTORS. The next resolution lying over under the rule was the followin, submitted by Mr. DEFREES on the 26th of February last: Resolved.That it is the opinion of this House that Congress has no constitutional rrght to fix the qualification of electors in the several States.
Skip Skip Mr. DEFREES. I call for the previous question. On seeonding the call for the previous question there were ayes 32, noes 55; no quorum votin. Thg SPEAKER, under the rules. ordered tellers; and appointed Messrs. Durant:8 and Jsse xss. The House divided; and the tellers reported ayes 30, noes 66. So the previousquestion was not 2nded. Mr. ROGERS. move to lay the resolution on the table, and on that motion I demand the ycas&nays.
Mr. BRANDEGEE. Mr. Speaker, if the motion to lay on the table should not. prevail, will it be in order to move to refer the resolution to the ComJudiciary?
Mr. BRANDEGEE. lho c. then, that the motion to lay on the table wi 1not prevail.
Mr. LEB OND. I hope that the resolution will not be referred, for that will be to bury it.
Skip Skip The yeah&nays were ordered. The question was taken; and it was decided To the negative yew 12, nays 97, not voting 74; So the House refused to lay the resolution on the table. Mr. BRANDEGEE. This use.Judictfll question, and one of great importance. I therefore move it be referred to the ComJudiciary, and on that I demand the preVlOllB qfigestiou;
Mr and ALL, of Pennsylvania. Simple comtitutional question. 3
Mr. LEBLOND. I move to amend the motion by adding that it be referred Vlllll l instructions to report favorably and at anytime. I
The SPEAKER. It would require unanimous consent to move instructions to report “at any time.”
Mr. LEBLOND. Then I will leave those last words off.
The SPEAKER. If the previous question should not be 2nded the motion to amend will be in order.
Mr. LEBLOND. Will not the gentleman accept my amendment?
Mr. BRANDEGEE. No, sir; we want to get at the bounty bill.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ANCONA. I demand the yeas and neys. The yeas&nays were ordered. The question being taken on the motion to refer the resolution to the ComJudiciary, it was decided in the allirmative yens 86, nays 30, not voting 67; So the resolution was referred to the ComJudiciary. Mr. BRANDEGEE mtRtv the resolution was referred; upon the table. Agreed to.
Skip Skip MESSAGE FROM rllrl SENATE. A message from the Senate, by Mr. Foam 1v, its Secretary, informed the House that the Senate had passed a bill (S.No.328) for the relief of Mrs. Abigail Ryan, in which he was directed to ask the concurrence of the House. Also, that the Senate had passed House bill No. 371, togrunta pension to conard StClair. Also, that the Senate had passed JtResolution of the House 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, an of Daniel Wellington and J. C. Dorsey, for extra services in the carrying of the mail, with an amendment. in which the concurrence of the House was requested. F REED.“ llNS DUBEAU
Mr. ELIOT. I ask unanimous consent to offer the following resolution: Receivedbythe HoRep (the Senate out of the contingent funds of the Senate and House in equal proportions.
Mr. ROSS. I think we had better leave that to GenlGrant and GenlSherman . The country would have no confidence in on report made to Congress by a committee. Io ject to its consideration.
Skip Skip Mr. ELIOT. I move to suspend the rules for the purpose of offering the resolution. Mr. IeLDRIDGE. On that I demand the years&nays. The ycas&nays.were ordered. the question being taken on the motion to suspend the rules, it was decided in the affirm ative yeas 92, nays 30, not voting 61; So (2/3rds voting in favor thereof) the rules were suspended. Mr. ELIOT demanded the previous question on the resolution. The previous question was 2nded and the mainquestion ordered, being upon the adoptionof the resolution.Mr. LEBLOND. I demand the yeas&nays on agreeing to the resolution, and call for tellers on the yeas&nays. Tellers were ordered; and Messrs. LE BLOND and ELIOT were appointed. The House divided; and the tellers reported ayes 23. noes not counted. So the ycas and nnys were ordered. The question was taken; and it was decided ill the affirmative yous 84, pays 27, not voting 72;. So the resolution was adopted. Mr. ELIOT mtRtV the resolution was adopted; upon the table. Agreed to. MEDALS IOll. OHIO SOLDIERS.
Mr. SCHENCK. I ask the unanimous consent of the House to take from the Speakers table a JtResolution which has been passed by the Senate authorizing the military authorities of the State of Ohio to frank some medals which are given to the veteran soldiers of that State. It is JtResolution of the Senate No. 97, to authorize certain medals to be distributed to veteran soldiers free of postage. 1 ask that it be put upon its passage if there is no objection. It is needed very much at this time. The medals are ready for distribution.
Skip Skip The JtResolution was read a 1st and 2nd time. It was then ordered to n3rd reading; and it was accordingly read the 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; upon the table. Agreed to. SIOUX INDIANS.
Mr. STEVENS asked unanimous consentto offer the following preamble and resolution: Whereas it has been allegedthat the Sioux Indians of Minnesota who were engagedin the massacrein that State in 1862 hsvobeenremoved therefrom and a location for their permanent residences elected in oueof theorganizedand settledeountiesofNebraska contiguous to the white settlements of Dakota, and but a short distance abovethe ca ital of that Ierritory; and where nsmostif not al of the lands suit able for cultivation in the neighborhoodofsald contemplated location is said the have been purchased from the Government and is now held by private individuals: Therefore. Remind. That the SecyInterior be requestedto inform thlBHOUBQWether any arrangement has beenmade or is contemplatedfor the purchaseofprivatelunds prother property forthe accommodation o l said Indians. an if so. the quantity of lands and improvements so purchased or to bepur chased;and the namesof the parties from whomsaid purchase has been or is to be made and the amount which has beenor is to bepaid for said nrohaso;and also the total number of acresof Ian held by individunln. whether in a private or corcrate capacity. embrnced within the exterior boun aricsofsuad res ervation and by what authority said Indians have been removedand located, and the said purchases. if any. have beenor are to be made.
Mr. ALLISON. I do not object particularly to the resolution, but I think it.
The SPEAKER. If the gentleman objects to the resolution, it is not before the House; if he does not object, it is before the House.
Mr.ALLISON. Will the entle man consent to the reference of this resolution?
Mr. STEVENS. I cannot consent to the reference. It is merely a.call for information.
Mr. ALLISON. I will make no objection. The resolution was then agreed to. COINAGll, WEIGHTS, and MEASURES.
Mr. LAFLIN. from the ComPrintg. reported the following resolution, upon which he called the previous question: Resolved.That 300 extra copiesof the report on a uniform systemof coinage.weights and measuresbe printed with covers for the use of the committee making the report and 2000 copiesfor the useof the House.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. LAFLIN mtRtv the resolution was agreed to; upon the table. Agreed to. Mr. MORRILL obtained the floor.
Mr. ELDRIDEE. Willthe Gentfrom Vermont [Mr. Moniiru] yield to me to offer a resolution?
Mr. MORllILL. I will yield to hear it read. ROW IN MOBILE.
Mr. ELDRIDGE. I ask unanimous consent to submit the following resolution for consideration at this time: [{(ZIOIFETHh, at a committee of 3 membersof this House be appointed h the S ieaker, with au thosity to proece forthWit to Me ilc, in the State of Alabama, to investigate the “ row" referred to in the following dispatch, to wit: “Rsronrsn SERIOUS Row IN Momma The Cincinnati Commercial has a dispatch from Atlanta, dated May 17, which says: The ncirroes had a row among themselvesin a church in Mobile, on Sun day, which resulted in the killing of 5 and the wounding of a great many more.” and that said committeebe authorized to sendfor personsand papers, the expenses to be paid out of the contingent und of the House.
Mr. ELDRIDGE. Is itin orderto move to suspend the rules for the purpose of introdu ein this resolution?
The SPEAKER. That motion would be in order if the Gentfrom Vermont [Mr. MORRILL] will ield for that purpose.
Mr. MORRILL. I cannot yield for that pufiior.se
Mr. GARFIELD. Will the gentleman yield to me to offer a resolution?
Mr. MORRILL. I will. DIRECT TAX IN ISSURGENT STATES.
Mr. GARFIELD. I ask unanimous consent to submit the following resoIution for consideration at this time: Remleed, That the President be respectfully requestedto furnish to this House information ns to the collection of the direct tax in the States lately in insurrection, what amount of the said tax has been collectedin the several Stateawhat amountofpropertyis held by the Government under the salesau thorized by law, and how much has been received from such sales.
Skip Skip The resolution was agreed to. Mr. GARFIELD mtRtv the resolution was agreed to; on the table. Agreed to. EVENING SESSIONS. Mr.MORRILL. I move that on and after today, until otherwise ordered, the House shall take a recess from half past 4 to half past 7 oclock p. m.
Mr. GARFIELD. I ask the Gentfrom Vermont, [Mr. MoauiLi.] to modify his motion, so as to have evening sessions commence to morrow.
Mr. MORRILL. I cannot do that. I am willing that the House shall decide the question.
Mr. GARFIELD. Then I move to amend the motion by striking out “ today ” and insert in “tomorrow.”
Skip Skip The question was taken, and upon a division there were ayes 47, noes 46. Mr. SPALDIN G called for tellers. Tellers were not ordered. The amendment was accordingly agreed to. The question recurred upon the motion of
Mr. MonniLL as amended; and upon a division there were ayes 61, noes 38. Mr. WINDOM called for tellers. Mr. SPALDING called for the yeas&nays. Tellers were not ordered, and the yeas&nays were not ordered. The motion of Mr. MoaaiLL, as amended, was accordingly agreed to. WHITEHALL, NEWYORK.
Mr. GRISWOLD, by unanimous consent, introduced a bill to provide for making the town of Whitehall, NewYork, a port of eliv cry; which was read a 1st and 2nd time, and referred to the ComCommerce. NOTARIES PUBLIC FOR THE DISTRICT.
The SPEAKER laid before the House the following message from the Senate: In Bliuri; or run U.S., May 17.1866 Resolved. That the HoRep be {e)netosteadmteondreatunrnnottoetnhteitl Seedn“aAten thaectbeiollnc(Se.rnNineg. nAotail igsublic for the DistCol, "approved Xtlest. J. w. roaivnv. Secretary.
The SPEAKER. This bill has been referred to the ComDistCol. If there be no objection, the committee will be discharged from the further consideration of the bill, and it will be returned to the Senate as requested. There was no objection.
Mr. MORRILL. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union on the special order. employees IN EXECUTIVE MANSION.
Mr. SPALDING. I ask the Gentfrom Vermont to yield to me a moment. I wish to call up a bill authorizing the President to appoint certain officers of his household. It should have been acted on some time ago.
Mr. MORRILL. I have no objection to yieldingif the bill will not give rise to debate.
Mr. PALDING. It will give rise to no discussion. If it should I will not press its consideration.
Mr. MORRILL. If it should cause debate I must insist on my motion.
Mr. SPALDING. With the consent of the gentleman, I move that the ComWhole on the state of the Union be dischared from the further consideration of House ill No. 211, entitled “A bill to authorize the President to apoint certain officers of his house hold, and fixing their salaries, ” and that the House proceed to the consideration of the bill. The motion was agreed to. The bill was read at length. The 1st section provides that in addition to the Officers of his household already authorized by law, the POTUS be authorized to employ one Asst Secretary, and a number of clerks not exceeding 4. The 2nd section enacts that the Private Secretary of the President be paid an annual salary of $4,000, the Asst Secretary an annual salary of $3,000, and each one of said clerks an annual salary of 1, 800. The 3rd section provides that the steward of the Presidents household shall receive an annual salary of $2,000, and said steward shall be held to a rigid accountability for the plate, furniture, and other public property under his charge in the Presidents House, during his continuance in office, and shall give a bond to the U.S. in such sum as the SecyInterior shall deem sufficient, and to be approved by him, for the faithful discharge of his trust.
Mr. SPALDING. amendments: In sectionone, line 6, aftertho word “ Secretary" insert "one stenegrapher." In sectiontwo, line 4. after the word “ dollars" insert " thostenegrapher an annual salary of $2, 500." Mr. Speaker, I demand the previous question.
Mr. BRANDEGEE. I should like to ask the Gentfrom Ohio [Mr. Smuuxo] whether the stenegraphers duty is to be to takti down the Presidents speeches. [Laughter.]
Mr. SPALDING. I promised that there should be no debate on the bill. I will simply state that these respective officers are necessary for the Presidents household. Au appropriation for these very officers has alread been inserted in the general appropriation bil in the Senate. There is no doubt at all that these officers are all strictly necessary.
Mr. PRICE. Does not this bill increase the number of employees about the Presidents House beyOnd what it has ever been before?
Mr. PRICE. he bill states that these officers are to be “in addition to the officers of his household already authorized by law.”
Mr. SPALDING. These officers are new detailed from the Treasury Dept and the War Dept because the President has not the power to appoint them. This bill I offer the following is designed to supersede the necessity of having officers detaied from these Depts.
Mr. PRICE. I think that the I House is not prepared to vote on this bill without some discussion and a little more information than we now have. I will move to refer the bill
Mr. SPALDING. I have demanded the previousquestion.
The SPEAKER. If the previous question should not be 2nded, a motion to refer will be in order.
Mr. SPALDING. The bill has already been reported unanimously from the ComAppropriat.
Mr. STEVENS. For what is astenegrapher wanted?
Mr. STEVENS. I believe no provision of that kind was reported by the ComAppropriat.
Skip Skip Mr. SPALDING. I withdraw my amendment, and demand the previous question on the bill as reported by the committee. On 2nding the prewous question, there were ayes 38, noes 31; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Messrs. SPALniivo and PRICE., The House divided; and the tellers reported ayes 66, noes 44. So the preVious question Was 2nded and the mainquestion ordered. The bil was orderengross an(9 read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. SPALing. I demand the previous question on the passage of the bill. The previous question was 2nded and the mainquestion ordered. Mr. RICE. I demand the yeas&nays. The yeas&nays were ordered. The question being taken on the passage of the bill, it was decided in the affirmative yeas 80, nays 28, not voting 75; So the bill was passed.
Mr. GARFIELD. I move to amend the bill by striking out the words “of his house holr " and insertin the words “ of the Executive Mansion." hose words are, I think, inap propriate. I presume my colleague has no objection.
Skip Skip Mr. GARFIELD. I then move that amendment; and on that I demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the motion to amend the title was agreed to. The title, as amended, was agreed to. Mr. SPALDING mtRtv the bill was passed and the title amended; upon the table. agreed to. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound truly enrolled bills of the following titles; when the Speaker signed the same: An act (S.No.316) to establishapost route from West Alburg, Vermont, to Champlain, in the State of NewYork, and for other purposes; An set (E.R. No. 563) to regulate the time and fix the place for holding the circuit court of the U.S. in the district of Virginia, and for other purposes; An act (S. o. 132) to prevent and punish kidnaping; An not (H.R.No.494) for the relief of Martha J. Willcy. An act H.R.No. 460) granting a pension to Spencer ellog An act (H. RFFIO. 625) granting a pension to John Hoffman, of Madison county, in the State of NewYork; An act (H.R.No. 386) for the relief Francis A. Gibbons An act (H).R. No. 434) for the relief of Isa bella Strubing; and An act (H.R.No. 445) for the relief of the legal representatives of Betsey N ash. NATIONAL BANKS. Mr. DUMONT, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComBanking&Currency be, and theyarehereby, instructedtoinquire into the expediency of repealing so much of the national banking act as requiresa redemptionof the circulating notesof said banks abroad.
Skip Skip MESSAGE FROM THE PRESIDENT. A message was received from the POTUS, by Mr. EDWARD COOPER, his Secretary, informing the House that he had approved and signed an act making appropriations for the services of the Post (Office dept during the fiscal year ending Jone 30, 1867, and for other purposes. A message in writing was also communicated. STEAMER vsspanmm.
The SPEAKER laid before the House the followin communication from the POTUS; which was laid on the table, and ordered to be printed: To the Senate and HoRep: I transmit to Congress a copy 01 the correspondeuce between the SecyState and ornelius Vanderbilt, of NewYork, relative to the JtResolution of the 28th of January, 1864 upon the subject of the gift of the steamer Vanderbilt to the U.S. AndrewJohnson. Wssumarox, May 16, 1866.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foamy, its Secretary, informed the House that the senate had passed, without amendment, an act (H.R.No. 510) to incorporate the Academy ofo Music of Washington city. Also, that the Senate had passed a JtResolution (S.R.No. 62) authorizing the SecyTreasury to change the name of the steamboat City of Richmond to City of Port land, and the schooner Lucinda Van Valken burg to Camden, in which the concurrence of the House was requested. Also, an act (H.R.No. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense for the year ending June 30, 1857, with an amendment, in which the concurrence of the House was requested. TAX sum.
Mr. MORRILL moved that the rules be suspended, 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 itselfiiito the ComWhole on the state of the Union, (Mr. Dawns in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) 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 une 80, 1864, and acts amendatory thereof.
The CHAIRMAN stated the question to be on the amendment Offered on riday last by Mr. Wiisissnim, of Massachusetts, to strike out in line 2002 the words “and wooden ware, ” on which tellers had been ordered.
The CHAIRMAN appointed Messrs. BRAN nsens and NICHOLSON to act as tellers. The committee divided; and the tellers reported ayes 33, noes 60. So the amendment was disagreed to.
Mr. MORRILL. On page 89, line 2002, I move toinsert before the word “brooms” the words “ pumps, garden engines, and hydraulic rams;” so that the paragraph will read: 0n scales.pumps, garden engines, hfidraulic rams. brooms and wooden ware.a tax of t ree%. oalorem Mr. STEVENS. I suppose the gentleman does not intend to tax the common wooden pumps that are put into wells. I move to insert the word metallic” before pumps.”
Mr. MORRILL. I hardly think the amendment is necessary. The persons who manufacture wooden umps seldom manufacture enough to be sugject to any tax at all. It would be better, therefore, to leave the para graph as it is. If you put in the word me tallic” it would include all sorts of nmps.
Skip Skip The question was taken on Mr. riiVENSs amendment to the amendment, and it was disagreed to. The question recurred on
Mr. MouniLLs amendment, and it was agreed to.
The Clerk read as follows: On tin ware of all descriptions not otherwise provided for. atax of5%. a calm em: Provided That in all casesin which such wareshall bedelivered to agentsorpeddlersemployedbythemiinufacturcrfor the disposa of the samc, such ware so delivered shall be deemedto have beensold at the time of delivery and the tax to be paid thereon shall be computed upon the yalue kaown to the tradeas the 5 pound rate or price for tin ware, On all iron. not othervnseprovuied for. advanced beyond blooms. slabs or loops and not advanced beyond bars, and band. hoop and sheet iron. not thinner than number 18 vnrojnuge and plate iron not lessthan one 8th of an inch in thickness. 11t.ax of 3 dollars perton: Provided. That a ton shall for all the purposesof this not. be deemed and taken to be 2,000 pounds.
Mr. MOORHEAD. In line 2013 I move to insert before the word “blooms” the words “muck bar.” The amendment was agreed to.
Mr. MORRILL. In line 2012 I move to strike out the words “not otherwise Provided for.” The amendment was agreed to.
Mr. DAVIS. In line 2016 I move to strike out the word “ 3 ” and insert “ two" in lieu thereof, so as to make the tax 2 dollars a ton.
Mr. MORRILL. I trust that amendment will not be adopted. I think the Gentfrom NewYork and others on ht to be satistied with the rate here propose upon iron, and not risk its being raised higher. The amendment was disagreed to.
The Clerk read as follows: On band, hoop, and sheetiron, thinner than number 18 wiregauge, late iron. less than one 8th of an inch in this ness, and cut nails and spikes, not including nails. tacks, brads, or finishing nails. usually put up and sold in papers. whether in papers or otherwise. a tax of 5 dollars perton: 11: That rods. bands. hoons. sheets plates spikes and nails. not includingmch as are usually put up in papersasbeforementioned, manufactured rem irop upon which the tax of 3 dollars has beenleVied and paid, shall bp sub)eet only to n.tax 9f tw odollars perton in addition thereto, anything in this act to the contrary notWithstandinz. Oii stoves and hollow ware in all conditions, whether rough. tiuiied or enamcled. nud castings of iron, not otherwmepronded for. a tax of 3 dollars perton. On to esmade of wrought iron, a tax of 5 dollars perton.
Mr. ANCONA.ing out the clause: 0n tubesmadeof wrought iron, atax of 5 dollars perton. I Isuppose that this must have been a mistake, as I fin by reference to the act as it now stands, items of the same class were included in the free list. I do not know why a discrimination, should be made against this particular article, and I move to strike out that clause.
Mr. MORRILL. If you strike out this clause this article will be subject to a duty of 5%. advalorem. 5 dollars perton is much less. I hope the motion will not prevail. The amendment was disagreed to.
Mr. ANCONA. I move, then, to add at the end of the clause the following proviso: Provided That tubes madeof wrought iron, upon which a tax of 3 dollars has been levied and paid shall be subJect only to a tax of 2 dollars perton in addition thereto.
Mr. MORRILL. I must object to that proposition. A tax of 5%. on tubes inn e of wrought iron is a very low tax, not exceeding halfofwhat we impose on other manufactures. I hope the amendment will not be adopted.
Mr. ANCONA. I move to amend my amendment by striking out the last word. The chairman of the ComWays&Means does not seem to present any reasons why this amendment should not be adopted. I find that some articles, such as hubs, nails, and spikes, under the same head in the law as it now stands, are relieved of this duplicate tax, and he has presented no reason why wrought iron tubes should not be placed on the same footing. I trust my proviso will be adopted, and I now withdraw the amendment to the amendment.
Skip Skip The question was taken on the amendment, in the nature of a previso, and it was disagreed to.
The Clerk read as follows: On steam.locomotive, and marine engines, including the boilers, and all their arts. a tax of 5%. (1dnalorem: Providld. Iliatwhen such boilers or any other parts of engines.as aforesaid shall have been once assessed and ii tax proviousl aid thereon, the amount so aid shall be deducted fiom the taxes on the finishe engine.
Mr. MORRILL. I move to amend the proviso by striking out the words “such boilers or any other parts of” and inserting in lieu thereof the words “the boilers or tubes, wheels, tires, axles, bells, shafts, cranks, wrists, or head lights of such.”
Mr. DAVIS. I desire to call the attention of the Gentfrom Vermont [Mr. MORRILL] that by his amendment the portions of the engine not enumerated would be subject to the additional tax.
Mr. MORRILL. The ComWays&Means have gone as far as it is possible in exempting particular parts and have the law pro perly executed. he amendment was agreed to.
Mr. MORRILL. I move to strike out the words “and all their parts” and the words “as aforesaid.” The amendment was agreed to.
Mr. GARFIELD. Mr. Chairman the CHAIRMAN. The members of the committee reporting the bill are 1st entitled of ihe floor to move amendments to perfect the i.
Mr. GARFIELD. I move to amend by inserting after the word “boilers, ” where it 1st occurs in the paragraph, the words “ and on railroad cars.” The amendment was agreed to. I move to amend by strik
Mr. GARFIELD. I move to amend the proviso by inserting after the word “engines” the words “or cars;” and also by insertin alter the words “finished engine, ” the war “or car.” The amendment was agreed to.
Mr. BALDWIN. The Gentfrom Ohio [ML GARFIELD has moved the very amendments I desire to propose; and therefore I have none to mave. [ aughter.]
The Clerk read as follows: On boilers of all kinds. water tanks. sugar oil tanks. stills. sewing machines, lathes.tools.planes, planing machines.shafting and gearing.a tax of 5%. ml valor cm. No amendment beinv offered,
The Clerk read as follows: On iron railings. gates.fences, furniture and stat uary, a tax of 5%. advalor em Mr. MORRILL. I move to strike out the word “iron” before the word “ railings;” and also to insert the words “ made of iron" after the word “statuary.” The motion was agreed to.
The Clerk read as follows: On copperand brass tubes, nails or 5“, sheet lead and lead pipesand shot, a tax of 5%. (Id oulorem. No amendment being offered,
The Clerk read as follows: On goat.calf, kid, sheep, horse, hog and dogskins. tanned or dressedin the rough.atax of5%. adoalorem. No amendment being offered,
The Clerk read as follows: On gout. calf kid. sheep.horse, hog and dog skins, curried or fiiiislied.a tax offiie%md valorcm. Provided. That:ill goat. calf, kid. sheep.horse.hug, and deli skins preriouslg assessedin the rough and upon which taxes have conactually paid shall be assesise gon the increasedvalue only when curried or his ic.
Mr. MORRILL. I move to amend by striking out the words “previously assessed in the rough” and inserting after the words “upon which taxes” the words “ or duties." The amendment was agreed to.
The Clerk read as follows: On patent. enameled and japannod leather and skins of every dese ration, a tax of 5%. qd Mlorem: Provided. That when atax has been paid on the leather in the rough. the tax shall be assessed and paid only on the increasedvalue.
Mr. DAVIS. I suggest to the Gentfrom Vermont [Mr. Momma. that the words “or duty” should be inserte after the word “tax, ” as in the preceding paragraph.
Mr. MORRILL. The gentleman is right. The amendment was agreed to.
The Clerk read as follows: On oil dressed leather, a tax of 5%. advalorem. No amendment be in offered,
The Clerk read as fo lows: 0n leather of all descriptions, tanned or partially tanned. in the rough, a tax of 5%. ml imem No amendment being offered,
The Clerk read as follows: On leather of all descriptions. curried or finished, a tax of5%. udoalorem: Provided. That all leather previously assessedin the rough and upon which duties have beenactually paid shall beassessed on the increasedvalue only when curried or finished. No amendment bein offered,
The Clerk read as follows: 0n wine made of grapes, a tax of 5 cents pergallon.
Mr. MORRILL. Before the question is taken upon that motion. I desire to move to perfect the paragraph by inserting after the word “wine” the words “further advanced than juice or must.”
Mr. STEVENS. Is it not better to strike Out the whole aragraph?
Mr. McRU lt. I am willing to have that done. The inntion of Mr. Momma. was agreed to.
Mr. MORRILL. I move to further amend by adding the following proviso: Pmsded. That grapejuice or must, when sold ini Imove to strike out this I desire to oppose that mediiitely from ife vineyard to vintners shall not be taxc. The amendment was agreed to. The question recurred upon the motion of
Mr. Srnvmrs to strike out the paragraph.
Mr. STEVENS. This is one of those agricultural products which I think it is the interest of this country to encourage. It may become a very ruling interest in some of our States, especially in Californiaand other States, but it requires some encouragement. We get but a small amount of revenue from this tax, I believe some 34,000 dollars only and yet this tax is quite an annoyance to that interest, and Ihope, therefore, this par ilgraph will be stricken out, and allow these producers to go on for the present at least without any tax until they get a foothold. From what I have heard and read there is no country in the world better calculated for the production of rapes and wine than the country upon the Tacific coast and if we ive this interest the properencouragement I ook for our native productions of wines to take the place of those of Italy, France, and Madeira. I hope, thercfore, that for the present we will not put our heav hand upon this infant lost it should become efoimed.
Mr. MORRILL. I will merely say, Mr. Chairman, that we have by our legislation largely increased the price of all descriptions of domestic wines, and it appears to me no more than fair that the Government should derive some revenue from what is produced here at home. I am not convinced that the prosecution of this business throughout the country is not one of the most profitable that can be engaged in.
Mr. BIDWELL. I withdraw the amendment to the amendment.
Mr. MORRILL. I desire to correct the Gentfrom California so far as to say that the wines provided for on page 164 are not wines made from grapes at all. They are merely wines manufactured in the cities from a small portion of spirits, sugar, and some other articles. If the gentleman will notice the commencement of the section he will see that it refers solely to imitation wines. It does not inclplde the real wines that we are considering at u.
Mr. HIGBY. I withdraw the amendment to the amendment.
Mr. LAWRENCE, of Ohio. I move to strike out “5” and insert “ten;” so that it will read: “on wine made of grapes, a tax of ten cents er gallon.” We all csire to get this bill into a shape in which each product of the country will render itsjust tribute oftaxation. Now, I think there is no one product which pays better for the amount of capital and labor invested than does the article of gra O wine. It is not an absolute necessity. this a luxury; and the theory upon which this bill, to some extent, proceeds is, that it is not our policy to tax sources of sroductive industry except so far as they prouce luxuries. This is one of the luxuries which will hear more, I think, than 5 cents tax or gallon. We tax leather 5%., candies 5%., and many other articles the same. Ve tax wooden se rews which enter into the manufacture of a great many other articles, 5 and 10%.; and we tax matches one cent a box, while we propose by this provision to tax this article oPluxury, indulged in as a general rule only by the wealthy, a thing not essential to life or to comfort, 5 cents a allon. That is less than one cent a bottle. e propose to tax wine one cent a bottle, while we tax matches one cent a box. Now, sir, I am perfectly willing, when the tariif bill shall come up, to impose such aduty upon foreign wines as will give to our home manufacturers command of the home market. But I am unwilling that this article of luxury should ese ape with less than ten cents tax on each allon manufactured in this country. There is no article that can endure a tax bet ter. It is a mere article of luxury; and the theory of this bill is that luxuries should be required to pay large revenues to the country. I hope my amendment will prevail.
Mr. SPALDING. I rise to oppose this amendment. I represent a district which is very considerably interested in the production of wine. But my constituents are, entirely willing to bear their share of this internal tax levied upon wine or other articles, provided the people may not be distressed thereby. There are certain articles of prime necessity in regard to which the taxes should be light; but so far as regards this duty of 5 cents a gallon upon our native wine I have no objection, so far as our producers are concerned, to its imposition. I object, however, to the amendment offered by my colleague to raise it to ten cents. I agree with the committee as regards the rate imosed.
Mr. CLARKE, of Ohio. I move to strike out “ten” and insert “ 3. ” The gentlemen who have spoken in regard to this tax seem to assume that this is an article produced without any expense. Now, sir, there is no article produced from the ground that costs more money in producin it than wine does. Almost everyting use b the producer of the grape requires the expen iture of money. Noris that all. There is no business so precarious as this in the reon of country where I reside, which is the Wine region of Ohio. The crop is by no means acertain one. In 2 out of 5 seasons the grape cultivator may expect a failure. Now, if you wish to tax the cultivation of this article out of existence a proposition to tax it 5 or ten cents agallon is well enough. But if it is to be encouraged, as it on ht to be, especially on the rounds suggested by my friendfrom PennsyFvania, [Mr. KELLEY, then such a tax is manifestly excessive. This is one of the most important interests in my section of country. In some portions of it we can raise nothing else. We go upon the hillsides and make them contribute to the industryof the country. the amendmentmoved by the chairman of the ComWays and llieans taxing this article while in the condition of must at 5 cents pergallon, really amounts to ten cents, forever run after it passes the press it is losing an wasting, and when ready for the market in the character of wine it has lost 1/2 of the capacity it had when taken from the press. I ask gentlemen to consider these facts.
Mr. WRIGHT. It is the 1st duty of the Congress of the U.S. to provide a system of taxation that will enable us to pay the interest upon the national debt, and to fund a certain portion to meet the principal of that debt upon some future occasion. A proposition is made here to tax native wines, and I desire to call the attention of the House to this consideration. You are well aware that the introduction of lager beer into this country has done a world of good in aid of the temperance societies of the nation. We are manufacturing wines in this country, and intend at no distant day to manufacture them so cheaply that they may be a substitute for whisky, to the end that there may be agreater degree of sobriety among the people, while the masses of the people may enjoy their creature comforts. Now, what is the effect of this bill? The gentlemen of wealth can afford to pay the duty imposed, for after all the tax comes out of the pocket of the consumer. If you impose a tax upon these native wines it of course has to come out of the consumer. Where are you then? You are denying the masses of the people those beverages in which you indulge yourself. In this remark I am not to be under stood as speaking personally. You 1st put a duty on foreign wines, and raise the price of them so high that no poor man can enjoy them, and then, when you come to our native wines, that should be enjoyed by the masses of the people, as if to punish them for desiring to enjoy these luxuries, you propose to put on them also. I have no desire to occupy the time of the House. I only desire to say that by taxing the people on all sides, and then taxing the man who has an income, you are putting on too heavy a burden for the country to hear. I have no interest in this matter, except to call the attention of the House to it.
Mr. CLARKE, of Ohio. I withdraw my amendment.
Mr. MORRILL. I renew the amendment, proformti, for the purpose of saying this: that after we have proposed a tax of 2 dollars pergallon on whisky, such as is consumed by the laboring men, the men who get out the coal and make the iron, and then come to an article that is consumed only by gentlemen who can afford to pay a tax, I think our law would not look very well if we should make such a luxury free. I more that the committee rise for the purpose of terminating debate on this paragraph. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union had had under consideration the Union generally and particularly the special order, being bill of the House No. 613, 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 amendatory thereof, and had to 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 House bill No. 513, all debate upon the pending paragraph and the amendments thereto terminate in 3 minutes.
Mr. BIDWELL. vIsuggest to the gentleman that he make it ten minutes.
Mr. MORRILL. To accommodate the Gentfrom California I will modify my motion, and say 8 minutes. The motion was agreed to. TAX BILL AGAIN.
Mr. MORRILL. I move that the rules be suspended, 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 aceordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawes in the chair) and resumed the consideration of the special order, being a bill of the House (No. 513) to amend an act entitled “An act to provide internalrevenue to an port the Government, to pay interest on the public debt, and for otherpurpose s, ” approved une 30, 1864, and acts amendatory thereof.
Mr. PRICE. We started out upon the supposition that we are to tax luxuries in this bi l. suppose no one will object to that proposition. It is admitted on all sides that our taxes ought to be levied mainly upon the luxuries of the country. If wine is not a luxury, then we do not want to tax it. But if, as has been supposed heretofore in the history of this country, wine is among the luxuries of the country, then we want to tax it. Now, if I had not thought it would have been a work of supererogation, I would have moved to increase this tax to 25 cents a gallon. You have imposed a tax of 2 dollars a gallon on whisky; yet wine will make a person as drunk as whisky will, though it may require a little more of it perhaps. But I am to d by those who have tried it that being drunk on wine is the meanest kind of drunk enness. I speak from information only, for I have never had any experience in that matter. But the most singular argument used upon thisfloor today is the argument of the Gentfrom Pennsylvania [Mr. KELLEY] calling the attention of the House to the morality of France, which he says is to be directly traced to their habit of wine drinking, and my friendfrom California [Mr. BIDWELL] indorsed the proposition. Now, in all my reading and experience, this is the 1st time in my life that I have ever heard France held upas an especial example of morality. Now, I am willing to make a compromise with those gentlemen. If they can show that France is a more moral country than this because they drink more wine and less water there, then I will be willing to strike this out; provided they will agree that if the morality of France is not equal to the morality of this country they will agree to put a tax of 25 cents a gallon on wine.
Mr. PRICE. I cannot ield now out of 3 minutes, of course. But will meet the gentleman any evening and talk over the matter with him for an hour.
Mr. PRICE. A bottle of water. Now what does this bill propose to do? You propose to put a tax of 2 dollars a gallon on whisky, the beverage the poor man exercises the privilege of getting drunk on, and only 5 cents a gallon on wine, the beverage the rich man exercises his privile c of getting drunk on. I would like to know how much tax on a drink of wine that is. I know of no system of arith metic by which you could tell what it would amount to. Now, I think wine can bear a tax of 25 cents a gallon, or even 50 cents a gallon, just as well as whisky can bear a tax of 2 dollars a gallon and I am not certain but it can bear a tax of 2 dollars a gallon as well as whisky can. The question was upon the amendment of Mr. CLARKE, of Ohio, to the amendment of Mr. LAWREXCE, of Ohio, to strike out “ ten” and insert “ 3, ” making the tax upon wine 3 cents a gallon. The amendment to the amendment was not agreed to. The question recurred upon the amendment of Mr. awnnxcs, of Ohio, to strike out “ 5” and insert “ten, ” so as to make the tax upon wine ten cents a gallon. The amendment was not agreed to. The question was Upon the motion of
Mr. STEVENS to strike out the para aph asaniended.
Mr. MORRILL. I Wlll as the Clerk to read the paragraph as amended, so that members may understand it. fhe Clerk again read the paragraph as amended, as follows: On wine madeof grapesfurtheradvancedthanjuice or must. a tax of 5 cents pergallon: Prooid That grapejuice or must whca sold immediatelyfrom the vineyard to vintners shall not be taxed.
Mr. STEVENS. I ask for tellers on my motion to strike out this para ph. Tellers were ordered; and essrs. PRICE and KELLEY were appointed. The committee divided; and the tellers reported ayes 40, noes 54. So the motion to strike out the paragraph was not agreed to.
The Clerk read as follows: On all other wines or liqnors known or denominated as wine. not made from currents, rhubarb or homes. produced by being rectified or mixed With other spirits, or into which any matter whatever may be infused to besold as 9, or by any other name and not othermse provndedfor in this act, a tax of 50 cents pergallon: Provided. That the return. assessment, collection, and the time of collection of the duties onsuchwmes, and mac madeof grapes shall be subjectto the regulations of the ComrIntRev and any person who shall Willingly and knowingly sell or offerfor sale any such wine madeafter the passage of this act, uponwhich the tax herein imposed has not been paid or which has beenfraudtilently evaded, shall, upon conyietipn thereof, be subjecttoa penalty of $100or to impris onmentnotexceedingtwo years, at the discretion of the court.
Mr. MORRILL. I move to amend this ar agraph by striking gut the words “other Wines or” in te 1st inc, and inserting the word “gra cs” before the word “ currants” in the next me. The amendment was agreed to.
Mr. MORRILL. I move to amend the par a“graph near the close by striking out the word penalty” and inserting the word “fine.” he amendment was agreed to.
Mr. LAWRENCE, of Ohio. I move to amend this aragrnph by making the tax one dollar a gal on instead of 50 cents a gallon, as it now reads and I desire to say a few words upon that amendment. It will be seen that this paragraph proposes to lev a tax upon “liquors known or denom inate as wines which are not manufactured from grapes, currants, rhubarb, or berries. It is in other words, a tax upon that description of liquors denominated wines which are more compounds, mere villaine us compounds, Generaly a fraud upon the public, and a fraud upon all who drink them. We ought not to encourage the production of that kind of ii nor. Iliope, at least, that this para raph will be so amended as to levy a tax O one dollar agallon instead of a tax of 50 cents a gallon. Now, it seems to me that the only objection that can be urged to this amendment is that it may be exceedingly difficult to collect so heavy a tax as one dollar a gallon on this kind of liquor. The law will, undoubtedly, be evaded to some extent. But wherever it is possible to collect the tax of 50 cents a llon, it seems to me it will be equally possibTd to collect a tax of one dollar a gallon. In the hands of vigilant and faithful officers the tax will be collected and as well for the purpose of revenue as for the purpose of discouraging the manufacture of this kind ofliquor, I hope this amendment will revail.
Mr. MORRILL. I trust this amendment will not prevail, because we propose to derive some revenue under this provision. If the amendment of the Gentfrom Ohio [Mr. Lawnsxcs] should prevail, this provision will prove utterly nugatory as an enactment, for we shall not collect a single dollar under it. All that parties haveto do, in order to make these wines, is to obtain the receipts, which every gentleman here has doubtless seen in temperance tracts and papers. Any business man who has whisky can make these wines, because the other materialsare easily procured. They are easily mixed and easily rectified. The process requires no machine, and the fact is easily concealed. We alrea y tax the article of chief cost, in the form of whisky or spirits, a heavy%age 2 dollars a gallon. N ow, if the committee is in favor of collecting any revenue at all upon this article, I hope the amendment as now proposed will not prevail. I am as ready as the Gentfrom Ohio [Mr. LAWRENCE] toconcede that these are vil laine us compounds. But I know that at the present time, instead of being made in this country, they are made abroad. Parties have moved their establishments into foreign countries where they can obtain whisky or alcohol at a much less price, and where they can manufacture these cheapwines and send them here at a less price than the duty which the gentleman proposes to place in the internalrevenuebill. For instance, our tariff law imposes upon wines worth 50 cents or less a llon a duty of 25 cents a gallon anfiwenty%. advalorem. These wines can, therefore, be made abroad, and pay the duty here, and then be sold forless than a dollar ergallon. These articles can be manufactured1 in France or in Germany, and sent here at less than a dollar a gallon.
Mr. LAWRENCE, of Ohio. We can provide for all that by a new tariff.
The CHAIRMAN. Debate is exhausted on this amendment. The amendment was not agreed to.
Mr. DAVIS. I move to amend by striking out “one” in line 2092 and inserting in lieu thereof the word 5;” so that the clause will read: alStyhall. upon conviction thereof.besubject to open of $500or to imprisonment not exceeding 2 years. at the discretionof the court. I will state my reason for offering this amendment. I see that the term of imprisonment authorized under this section is 2 years. Now, if the fine were increased to $500, I think that the court would in most cases impose the fine rather than the imprisonment; and I believe it would be wiser.
Mr. MORRILL. I see no objection to the amendment. The amendment was agreed to.
The Clerk read as follows: On clpth and all textile or knitted or felted articles or fabrics of cotton, wool or other materials. before the same has been dyed. printed or bleached and on all cloth painted. enameled. shiired. tarred. varnished or oiled, a tax of 5%. advalorem. No amendment bein offered,
The Clerk read as follows: 0n thread. a tax offivo%. adealorem.
Mr. MORRILL. Imove to amendh inserting after the word “thread” the wor “and twine.” The amendment was agreed to.
The Clerk read as follows: On articles of clothingmanufactured or produced or sale by weaving. kliitting or felting; on hats. bouiiots and hoopskirts: on articles manufactured or produced for sale ase constituent arts of clothing or fortrimming or ornamentin the same and on articlesof wearin apparelmunii aeturedor produced for sale from In in. rubber. guttapeicba, or paper or from fur or fur skins dressedwith the fur on, a tax of 5%. ml valorcm.
Mr. MORRILL. I move to amend by striking out in line 2106the words “or after."
Mr. GARifflIidLD. When the ComWays&Means agreed to recommend this amendment the facts relating to the matter were not as ully stated, I believe, as they should have been, or the amendment would not have been recommended. The object in striking out the words “or paper” was to exempt papercollars from this advalorem tax of 5%. Since the action of the committee on this subject, I have learned that papercollars are manufactured by one very large establishment which has a monopoly of the manufacture, and there are very few things in the whole country that can bear the burden of a tax better than a manufacture of that sort. I think, therefore, that the amendment should not be agreed to. The object of the committee, in agreeing to present the amendment, was to help the manufacturers of papercollars; but I believe the amendment won (1 not have been recommended had the committee known that these collars are manufactured by a monopoly that has the control of this entire business.
Mr. LAFLIN. The fact, as I understand, is not, as the gentleman asserts, that the manufacture of papercollars has become a monop oly. The truth, asI understand, is that there are 2 or 3 or perhaps 7 or 8 concerns that claim to possess exclusively acertain patent for the manufacture of papercollars. orty or 50 other establishments, representing a very large interest, are acting against those concerns. The competition has reached such a point that it is now almost within the power of this monopoly to destroy the other establishments. It is the interest of this combination or monopoly that this tax should be levied, since it would give them the power to crush all cometition.
Mr. HOOPER, of Massachusetts. I move to amend by striking out in lines 2102 and 2102, the words, “hats, bonnets, and ” I make this motion that I may move hereafter to insert these articles in the paragraphwith ready made clothing, gloves, mittens, c., which are subjected to a tax of 1%.
Mr. MORRILL. I feel compelledtooppose this amendment; for if the tax on these articles should be reduced, or if they should be exempted, it will cause a very large reduction of the revenue. Every man wears a hat; every woman wears a bonnet. Of course, therefore, the amount of business in these articles is immense; and they are articles which can bear this tax as well as anything else. A hat that sells for ten dollars would not sell at anylower price, if we should take off the tax. Then there is a large and very profitable trade in braid and straw bonnets. If the tax on these should be reduced, it would largely diminish the reve nue. I hope, therefore, that the amendment will not prevail. The amendment was not agreed to.
The Clerk read as follows: On bootsandshoes, a tax of 2 perpent. adealo rem: to he paid by every person making, manufac turing or preducing for sale boots and shoes or furnishing the materials or any part thereof and employing others to make. manufacture or produce them: Provided. That anyboot or shoemakermaking bootsor shoesto order ase ustomwork only and not for generalsale and whosework.exclusive of the materials. does not exceedannually in value 81,000 shall be exemptfrom this tax.
Mr. RANDALL, of Pennsylvania. Mr. Chairman, I move to amend by striking out in line 2116the word "“one” and inserting in lieu thereof the word two;” so that the clause will read: Provided, That any boot or shoe maker making boots or shoesto order as customwork only and not for general sale and whose work. exclusive f the materials. does not exceed annually in value 2.000 shall be exempt from this tax. The ComWays&Means have very wisely, in my judgment, sought to exempt from taxation those shoemakers who do asmall amount of business. I think, however, they have not carried this exemption for enough. There are, I am informed, man of these people who do a business the work of which amounts to $1,500 or $2,000 annually. I hope, therefore, that the chairman of the ComWays&Means will assent to my amendment. Although it may seem a small matter, it is a very important matter to these small shoemakers.