Mr. SUMNER. Very well. senor“. INCOME TAX or 1884, On motion of Mr. WILSON, and by unanimous consent, the JtResolution (H.R.No. 155) to prevent the further enforcement of the JtResolution No. 77, approved July 4, 1864, againstofficers and soldiers of the U.S. wh0 have been honorably discharged, so as to relieve them from the further payment of the special 5%. income tax imposed thereby, was considered as in ComWhole. The JtResolution was reported to the Senate. ordered to a 3rd reaing, read the 3rd time, and passed. nss'ron AND n’conn.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 145) for the relief of George C. Bestor and Charles W. McCord. It provides for the organization by the SecyNavy of a board of 3 competent persons to inquire into and determine how much the vessels of wnr Shiloh, built by George C. Bestor, and Utlnh, built by Charles W. McCord, and their machinery, cost the contractors over and above the contract price and allowance for extra work; and on the SecyNavy approving the report of the board the amount found due is to be paid, not, however, exceeding 12%. open the contract price. '429'
Mr. TRUMBULL. I onght to state, perhaps, that these parties are just like the other Iron clad contractors for whom we passed a bill, but their contracts were not completed in time for them to go before the board that sat last year on those claims. This resolution provides for an examination by a board, and if the board report favorably, and the SecyNavy approves the report, the amount found due is to e paid, not, however, exceeding 12%., as in the other cases. The JtResolution was read 3 times and passed. INTERNAL TAX ON PENSIONS.
Mr. YATES. I move to proceed to the consideration of House bill No. 787.
The PRESIDING OFFICElt, (Mr. Pom:nov in the chair.) The Chair understands that that bill has not been reported back from the ComFinance.
Mr. YATES. I hope it will be read at the desk. I suppose there will be no objection to it.
Mr. TRUMBULL. Move to discharge the committee from its further consideration. ‘
Mr. YATES. I make that motion. The motion was agreed to; and the Senate, as in ComWhole. proceeded to consider the bill (H.R.No. 787) exempting pensions from internalrevenue tax. It authorizes any person receiving a pension from the U.S. to deduct, in addition to the $600 new exempted, the amount of such pension in making a return of his or her income required under the internalrevenue law.
Mr. GUT HRIE. This question was before the ComFinance, and they considered it; but they did not deem it proper or wise to make the proposed change. We believed that the income tax laws should be left to stand as they are. If you begin making these exceptions, you will pare them down to nothing, and you will not obtain the necessary income to pay the interest on the public debt. I think the bill ought not to pass.
Mr. YATES. This bill only affects the lame, the disabled, the wounded, and the widows and orphans to whom we have iven these pensions, and I do not think the goverument ought, in justice, to ask them to pay a tax, and thus take back from them what the Government has already given to them. I ask for the yeas&nays on the passage of the resolution, if it is objected to.
Mr. YATES. I simply desire to save the Government from appearing to do an nngen erous thing, a mean thing toward the persons to whom it has granted a pension. It is but a small amount that is given to the soldier or to his widow or orphans, and ifthe Senfrom Maine is correct, the tax will be nothing. The bill was passed in the House unanimously, and I think it would be acomplimentto the soldiers to pass it. the Jtresolution was reported to the Benate without amendment; and on the question, “Shall the JtResolution be ordered to a 3rd reading?”
Skip Skip Mr. YATES called for the yeas&nays, and they were ordered; and being taken, resulted yeas 7, nays 20; 24. So the bill was rejected. APPROVAL or arms.
Skip Skip A message from the POTUS, byMr. Moons, his Secretary, announced he had approved and signed the following i s: An act (S.No.223) to revive and extend the provisions of an act granting the right of way and making ahgrant of land to the States of Arkansas and issouri to aid in the construction of a railroad from a ploint upon the Mississippi, opposite the moat of the Ohio river, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith, and the Mississippi river, approved February 9, 1853, and for other purposes; An act (S.No.247) donating certain lots in the city 0 Washington for schools for colored children in the DistCol; An act (S.No.354) for the relief of William Croswell;. An act (S.No.265) toprotect the manufacturers of mineral waters In the DistCol, and for other purposes; and An act (S.No.138) to increase and fix the military peace establishment of the U.S. NORMAN WIARD.
Mr. WADE. I wish to make another effort in favor of Norman Wiard, a bill for whose relief has come from the House. I presume the Senfrom RhdIsland [Mr. Srmeus] will withdraw the objection that he had to the consideration of the bill. Mr. Wiard is a creditor of the Government. He built 2 light draught steamers for them to operate on terivers in the southern countr, which were principally used at James Islan. The Government purchased them of Mr. Wiard. They have never aid him a dollar of the expense to which he has been subjected. This has entirely broken him down and ruined him and left him almost bankrupt, without any form of relief. 2 of the members of the ComMilAffrs iu the House (Mr. Scanner t and another member whose nameI do not remember) and I say this because we have not time to investigate this matter in the usual way came to me and urged upon me, if it was possible, to have this bil passed. They saythat the Military Committee of the House have considered it most care fully, and that the amount they have awarded him in the bill that passed the House is 'cer tainly his due and ought to be paid; and it would be a cruel thing and, to use their own language, an outrage upon him to withhold it longer. Under these circumstances, although I know nothing about it myself except what they state to me, I appeal tothe Senate to let it pass. I have no doubt those gentlemen were perfectly competent to consider it and have considered it well; and I wish, for that reason, that it might be permitted to pass.
Mr. CO.ness. What amount does it can for, I should like to inquire of the Senator.
Mr. WADE. I have not read the hill even. I do not know how much it is.
Mr. WADE. On a careful investiation they say that is due. They were to pay 50,000 on delivery to the Government, which they never paid, and I believe about$100,000in all. These gentlemen say, aflcrthe most careful consideration, that this sum is undoubtedly his due. I know it would be more satisfactory, if we had time, to allow our Military Committee to review their doings and come to the usual conclusion; but i think the case is a strong one, probably exceptional; and the poor man has 'got to go off without an thing, although the Government is absolute y his debtor, unless you will let. the bill pass in this way.
Mr. CONNESS. As I understand it the transactions of Norman Wiard have been principally, if not entirely, confined to the Navy Dept or to naval gunnery, and experi ments and inventions in connection therewith, and not with the War Dept to such an extent, if any. ‘If the chairman of the ComNavAffrs were present he would be able to tell you all aboutthis case. There is a rent deal ofit. Mr. Wiard has professed
Mr. FESSENDEN. One objection carries it over.
Mr. CONNESS. I was explaining rather than objecting, because my purpose was to sat isfy the Senfrom Ohio thatit is aease that ought to be examined. I would be willing to pay Mr. Wiard the last farthing due to him, ntI cannot believe, and do not now believe, that the Government owes him a debt. He has professed at various times upon the most scientific principles to present improvements in gunnery, in the construction of heavy ord nance, and I believe the result has been that his experiments have not been successful, and consequently his contributions have not been acce ted. There is agreat deal in the case. He as nblished a great many illustrated works. They have been laid on ourdesks here for 3 or 4 years past. His discussions with the Navy Dept were about as constant as those of Mr. Dickerson. I mcan to run no comparison between them, because in object is not to condemn Mr. Wiard at all. am not sufficiently informed to have an opinion in the case; but I have a decided opinion that it should be investigated and that it should not be voted upon blindly.
Mr. WADE. If that committee, which is a thorough going committee to investigate, and very competent to do so, had gone it blind, I should not exset the Senate to adopt their proceedings. at this has nothing to do with gunnery. As they inform me, it is a contract tor the purchase of 2 small war vessels to run up the rivers in the southern States, and they were most instrumental in some of the most successful enterprises we had. It is connected with nothing else, they tell me; it is an amount due upon this transaction. But if gentlemen will not believe them and want further time to investigate it, of course I can do no more.,
Mr. CONNESS. It appears that Mr. Wiard is full of these inventions; but they are mostly abortive, I think.
Mr. GUTHRIE. I believe that the Gentfrom Ohio has withdrawn his motion.
The PRESIDENT protempera. He did not submit an motion.
Mr. SU NEE. I will now insist on my motion for an executive session.
The PRESIDENT protempore. The Senfrom Kentucky was recognized by the Chair, and is entitled to the floor. ENTOMOLOGICAL COLLECTION.
Mr. GUTHRIE. I am directed by the ComAg,to whom was referred the JtResolution (H.R.No. 198) authorizing the purchase of a certain collection or museum an the transfer of certain funds therefor by the ComrAg, to report it back without amendment, and I desire to have it acted upon now. There being no objection, the Senate, as in Committee of Whole, proceeded to consider the resolution. It authorizes the ComrAg to purchase of Townsend Glover, entomologist of the Dept ofAgriculture, his collection consisting ofs ecimens of natural history, including modele fruits, vegetables. fungi, reptilia; also glass cases of orcelain and other flowers, colored plates 0 insects, noxious and useful, mode of classification, and many other articles and specimens too nu merous to mention, but more particularly specified in his communication, dated ‘May ‘15, 1866, addressed to the chairman of the ComAg of the HoRep; but the Commissioner is to finc the same to be avaluable acuisition to the Dept of agriculture, an‘ desirable at the price for which the same can be obtained, which isvnot to exceed the sum of $10,000; and no purchase is tobe made unless it shall be found that the sum required for the purchase can be spared from the appropriations made by Congress for the support of the Dept of Agriculture for the fiscal year eniing June 30, 1867, in which case the commissioner is authorized to transfer the amount necessary from the appropriations, making due returns thereof to the SecyTreasury.
Mr. FESSENDEN. I shall object to the consideration of that resolution. It has just been reported;
Mr. SHERMAN. The Senfrom Kentucky has had it for some days in his possession, ready to report.
Mr. GUTHRIE. I have been trying to report it for 2 or 3 days, but I have always been unable to catch the eye of the Chair.
The PRESIDING OFFICER, (Mr. Pommr in the chair.) Does the Senator object?
Mr. SHERMAN. I move to discharge the ComAg from the further consideration of the resolution.
Mr. FESSENDEN. I object to its consideration. The Senfrom Kentucky asked leave to report it. ‘
Mr. SHERMAN. Then I move that the committee be discharged from its further consideration. That will enable the Senate to consider it. I hope the Senate will agree to consider it and dispose of it now. '
Mr. FESSENDEN. I think it a waste of the public money.
Mr. SHERMAN. I am willing to discuss it.
Mr. FESSENDEN. I interpose my objection.
Mr. SHERMAN. My motion to discharge the committee from its further consideration will get rid of that. That dispenses with the rules and brin the subject before the Senate. The PRESIDING OFFICER. The Senfrom Kentucky has reported this resolution from the committee. The hommittee are not in the possession of the resolution; the resolution is before the Senate. The report being made for the 1st time today, and objection being t'r sde to the consideration of the resolution, it innot be acted on today. THOMAS D. BURBALL.
Mr. STEWART. I should like to call up a bill to which there will be no objection. It is House bill No. 591, for the relief of Thomas I). Burrall. It is a little bill that has passed I.suppose it can only the HoRep, and I would be very much accommodated if it were allowed to pIars.
Mr.SUMNER. I have made a motion for an executive session.
Mr. STEWART. If the Senator will give way to allow this bill to be taken up, I shall be very much obliged to him. A friend of mine wrote to me specially to have it passed an old friend who di me a service when I was a boy. I should like to get it up.
Mr. STEWART. Yes, Sir; a good bill, reported from the ComPatents.
The PRESIDING OFFICER. The Senate has been proceeding with business by unanimous consent. There is now, properly, another bill before the Senate. The Senfrom Nevada can proceed only by unanimous consent. Is there any
Mr. WILSON. Iobsga'lellctoiobnje?ct to taki ng up onlyv patent bills.
Mr. STEWART. Let it be read, and then see if you will
The PRESIDolijNecGt. OFFICER. Oby ection being made it cannot be considered.
Mr. DOCLITTLE. The treaty with the Cherokees having been confirmed, I desire to call up a resolution which I submitted 'some time Since, and which is on the table.
Mr. STEWART. I think there is no obJection to my bill now.
The PRESIDING OFFICER. The Chair will again put the question: Is there any objection to the consideration of the bill named by the Senfrom Nevada?
Mr. WILSON. Let it be read, and then objectien can be interposed afterward. he PRESIDING OFFICER. No objection being interposed, the bill is before the Senate and will be read.
The Secretary read it, as follows:. Be it enacted(.to.Thatthelctters patentmated to Thomas D. Burrall on the6th day 0 December, 1815. for improvementsin eorn shcllers and which was extendedby the ComrPatents and alter ward surrenderedand reissued which reissueboars datethe 10thday of October.1805a.nd whichwill expiro on the 6th day of December, 1866.be and the same is licreby.extendedforthe termof 7 years, commencingon the said 6th day of December.1866, andendingon the 6thday of December.1873fo. r the benefitof the sai Banal]. his heirs, andlegal representativesupon the conditionshereinaftersetforth. And the comrPatents is hereb"directed. upon the presentation of said patent, an the payment of the fees and chargesprovided by law, to extendsaidpatent by making a certificate thereon or upon a certified copy thereof. of such extension in the name of the said Thomas D. Burrall if in his judgment. upon full hearing. tl1 osame should ranted. And the said Commissioneris hereb flirt or directed to causesaid extension.ifperfectec. to be entered on the recordof the Patent offico. And thesaidpatentso extended shall have the same clTeet as if originally grantedfor the term OXIUnllllllfto the end of the term to which it is extendedby this act: P d. however, That said extended patent shall be open to legal inqui and decision in the same manneras if issued under the generallaw relating to patents: And provided furlher, That all persons enjoying the lawful use of the improvements secured bysaid patent.and the purchaser of any machine so in use.may continue to use the same as if this act had not passed.
Mr. FESSENDEN. We do not want to pass an patent bills today.
The PRESIDING OFFICER. Another subject being before the Senate, it can only be proceeded With by unanimous consent.
Mr. FESSENDEN. I object. mums RELATIONS.
Mr. DOOLITTLE. I now call up the resolution I submitted some time since declaring simply the opinion of the Senate on the subject of our Indian relations, which I doem necessary to declare for its proper effect upon some of the Indian tribes. It will take but a moment. There being no objection, the Senate proceeded to consider the following resolution: Resolved, That in the judgment of the Senate.from the relationsexisting betweentheU.S and the various Indian tribes which by treat they are bound to protect from domestic strife. tie U.S.havethe right. And it is their dutyto ihtervene to preserve the peace and good order of the same and whenever it maybecome necessary so to do. To pop arate hostile parties into distinct nations or tribes, laisnhdstoepeaaruasteeaa Jnudst exclusive jurisdiction, s and to estab
Skip Skip Mr. DOOLITTI.E. I presume there is no' obJeetion to the resolution, and lock that it be put on its passage. 'I he resolution was adopted. OFirICn or SUIWEYOH GENERAL or IOWA.
Mr. WILLIAMS. I move that the Senate RH‘OCicti to the consideration of House hill 0. (t. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H.R.No. 491) to remove the office of surveyor Generalof the States of Iowa and Wisconsin to lattsmonth, Nebraska. It provides that it shall be the duty of the SecyInterior, as soon after the passage of this act as may be, to cause the office of surveyor general of Iowa and Wisconsin to be removed to Plattsmouth, in the Territory of Nebraska, and to make the necessary provisions for immediate and elfective operations, and when so removed the duties and juris diction of the surveyor general are to be co extensive with the limits of the Territory of Nebraska, and include the States of Iowa and Wisconsin, and they are to constitute a surveing district.
Mr. WILLIAMS. I move to amend this bill in line ten by striking out the linal “s” in the word “States, ” and in line 11 to strike out the words “and Wisconsin.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amend ed, 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. On motion of Mr. WILLIAMS the title of the bill was amended so as to read, “A bill to remove the edicts of surveyor general of the State of Iowa to Plattsmouth, Nebraska.” CREDENTIALS.
Mr. TRUMBULL presented the credentials of Hon. Janus Hantax, chosen by the Legislature of Iowa as a Senfrom that State for the term commencing March 4, 1867; which were read and ordered to be filed. CAPTAIN JAMES STARKEY.
Mr. NORTON. I am directed by the ComcClaims, to whom was referred the bill (H.R.No. 660) for the relief of Captain James Starkey. to report it back with:1rec ommendation that it pass, and toask for its present consideration. It is a very short bill and will take but a moment.
The PRESIDING OFFICER. Is there any objection to the present consideration of the bill?
Mr. RAMSEY. It is a small claim, only $100.
The PRESIDING OFFICER. The Chair hears no objection.
Mr. FESSENDEN. I want to hear the bill read 1st, so that I may know whether to object or not.
The Secretary read the bill, which up ro priates $100 to pay to James Starkey, late captain of the StPaul light cavalry, the amount by him paid to Ricard Postel, for the loss 0 a horse, killed in a fight with Indians in 1857.
Mr. FESSENDEN. Is there any written report with the bill?
Mr. NORTON. There is a report accom pan in the bill from the House. It
Mr. FESSENDEN. Has it been passed upon by a committee here?.
Mr. NORTON. Yes, sir; both here and in the other House.
Mr. NORTON. The ComClaims of the Senate.
Mr. FESSENDEN. I will not object to its consideration. I should like to hear thereport, however.
The PRESIDING OFFICER. There is no N rt.
Mr. RAMSEY. There is a report With the papier.rs
Mr. JOHNSON. Let it be read. The Secretary proceeded to read the report, as follows: The ComIndAffrs to whom was freelfleorwreindgthe petition of James Starkey. submit the report
Mr. FESSENDEN. I shall object toit. It did not go to the proper committee. It should have gone to the ComClaims and not the ComIndAffrs. The comeIndAffairs had no business with it.
Mr. NORTON. It was referred to the comIndAffairs in the House, but here it was sent to the ComClaims, and has been reported by them.
Mr. FESSENDEL. Then I withdraw my objection again. Let the report be read. The Secretary continued the reading of the report, as follows: The committeehave examined the easeand find the following state of facts; in Augu st.1807c.ertain bands of the ChippewaIndians committed some dep redations upon the frontion settlomentsof Minnesota, and a serious outbreak was threatened. To uoll the same and restorepeaceand order Hon. S. edary, the then Governor of the Territory of Minnesota. So tradrekreeydout theSt. Paullighteavalry. ofwhichJames was captain. This company.under the com mand of the captain.at oncemarchedto the frontier, and during a tightwith theIndians the horseofRichard Postel. a private in said company, wasshot and so woundedthat itdied. Captain Starkey believing the Government liable topay for the loss. paid Private Posts] 8100in full satisfaction of his claim and took his receipt. Its pearsthatthe horse was worth a muchlargersum. He accounts connectedwith the expedition and RTOWH’IoI]ut of the same were after ewxacredpstetnhtist, o the war Dept.andmostof them. hsye since been paid. Postel hasleft the country, and hisplace of residence appears to be unknown. Under the circumstances.the committee believe the Governmentwas liable to no Postel the value of his horse nndas Captain Star eyhasdis chargedthat liabilit theycan see no good reason why he should not e substitutedto the rights of Postal and berepaid the$100.
Mr. FESSENDEN. It strikes me that this 'is beginnin a matter which, if begun, we do not know where it will end. This is reall no claim on the Government at all, not the slight est in the world, and it has been so decided, and now Congress is called upon to pay this man be cause, without authority, he paid aclaim which was not a claim against the Government.
Mr. FESSENDEN. We have no more right to give away $100 than $100,000.
Mr. RAMSEY. He has been waiting for it for 9 cars.
Mr. FESSENDEN. It makes no difference about that.
The PRESIDING OFFICER. The bill cannot be proceeded with except by unanimous consent. Does the Senator object?
Mr. FESSENDEN. Yes, sir, I object. EXECUTIVE SESSION.
Mr. SUMNER. Now I renew my motion for an executive session. The motion was agreed to; and after spending one hour and 25 minutes in the consideration of executive business, the doors were reopened at 25 minutes past 2 o’clock.
Skip Skip MESSAGE rims! THE HOUSE. A message from the HoRep, by Mr. McPusnsos, its Clerk, announced that the House had passed a bill (H.R.No. 811) for the relief of certain drafted men, in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The messagealso announced that The SPEAKER of the House had signed the following enrolled bills and JtResolutions, and they were there upon si tied by the President protempura: A bifi(H.R.No. 737) making appropriations for sundry civil expenses of the government for the year ending the 30th of June, 1867, and for other purposes; A bill (H.R.No. 693) for the relief of Robert Baldwin; A bill (H.R.No. 801) authorizin the payment of the rewards offered by the resident of the U.S and the officers of the War Dept in April and May 1865, for the capture of the assassins of the late Abra ham Lincoln, and the SecyState, Hon. Williaui H. Seward; A JtResolution (H.R.No. 155) to prevent the further enforcement of the JtResolution (No. 77) approved Jul 4, 1864, against officers and soldiers of the U.S. who have been honorably discharged, so asto relieve them from the further payment of the special 5%. income tax imposed thereby; and A joint. resolution (H.R.No. 193) authorizing the transmission through the mails free of postage of certain certificates by the adjutant general of NewJersey. FENIAN MEETINGS.
Mr. FESSENDEN. I understand that the House have taken a recess giving The SPEAKER authority to call them together whenever it may be necessary as messages come in; and unless there is some further business to be transacted, I will make a similar motion here.
Mr. WADE. I desire to have the resolution in regard to the use of the fair building for Fenian meetings disposed of. Let us have a vote upon it.
The PRESIDING OFFICER. The resolution, which was laid aside to consider executive and other business, is now before the Seu ate. The Senate resnmed the consideration of the JtResolution (H.R.No. 208) in relation to the use of the Soldiers' and Sailors’ Orphans’ Fair building in Washington.
The PRESIDING OFFICER. The question is on orderin the resolution to a 3rd reading.
Mr. JOH SON called for the yeas&nays, and they were ordered; and being taken, resulted yeas 20, nays 7; and The JtResolution was read the 3rd time and passed. DISBURSING AGENTS.
Mr. TRUMBULL. I move that the ComFinance be discharged from the further consideration of the bill (H.R.No. 612) to amend an act entitled “ An not making appropriations for sundry civil expenses ot the Government for the year ending the 30th of June, 1859.” The motion was agreed to; and the bill was considered as in ComWhole. It proposes to amend the proviso to the 17th section of the act referred to, so as to read as follows: And provided further. That where there is a collector at the place of location of an public work herein specified the SecyTreasury shall have power to appoint a disbursing agent or the paymentof all moneysthat are or maybe hereafter. appropriatedfor the construction of anysuch publip work. with such compensation as he may deem equitableandjust and a l laws and parts of laws in conflict with the provisionsof this sectionbe and the same are hereby repealed. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. PUNISHment OF KIDNAPING.
Mr. WILSON submitted the following resolution; which was considered by unanimous consent and agreed to: Resolved.That the ComForRel be instructed to inquire whether any further legislation is necessaryto protectin their freedom persons escaping from involuntary games in Cuba or other foreign countriesto the U.S and to {)H'OVIGD for the punishment of any citizens of the U.S. who may in any manneraid or abet in the recapture, detention, or return of such persons and that.the committee be instructed to report by bill or otherwise. COMMITTEE ON VENTILATION.
Mr. BUCKALEW. I offer this resolution: Resolved.That the selecteommittee on ventilation be continued for thenext session. I will simply say that that select committee expire with this session, and it is necessary that they should bestow attention to the hydration of the air in the Chamber. It does not lead to any expense. The resolution wds considered by unanimous consent and agreed to. PERSONAL EXPLANATION.
Mr. DOOLITTLE. I refer that my colleague should wait till I have finished. He can answer then. 1. r
Skip Skip ENROLLED BILLS SIGNED. A message from the HoRep by Mr. McPERSON, itS Clerk announced that The SPEAKER of the HoRep had signed the following enrolled bills; and they were thereupon signed by the President protempore: A bill (H.R.No. 491) to remove the office of surveyor general of the State of Iowa to Plattsniouth, Nebraska; A bill (H.R.No. 612) to amend an act entitled “An act making appropriations for sun dry civil expenses of the Government for the year ending 30th June, 1869T and A JtResolution (H.R.No. 208) in relation to the Soldiers’ and Sailors’ Orphans' Fair building in Washington. RELIEF or DRAFTED MEN.
Mr. WILSON. I desire to take 11 the bill H.R.No. 811) for the relief of dra ed men. believe the Senfrom Missouri is willing to withdraw his objection.
Mr. HENDERSON. I desire to hear the bill read.
The Secretary read the bill, which is to authorize the SecyWar to refund the S300 commutation money paid by persons drafted under the calls of February I and March 14, 1864, and who being again drafted within a year were held to service or required to furnish substitutes, and also to refund the $300 commutation money in cases where it is satisfactorily proved that the person was en' titled to a discharge from the obligation to remder personal service. it
Mr. HENDERSON. Let that bill lie over. I thought there was a limitation in it of $25,000, but I find there is not.
The PRESIDENT protempore. The bill will be laid aside. PERSONAL EXPLANATION.
Mr. HOWE. Mr. President, I should like to be informed what is the ending nestion.
The PRESIDING OFF OER, ( Mr. Poun nor.) There is no pending question. The Senfrom Wisconsin [Mr. DOOi.rr'rLs] rose to a personal explanation and has proceeded with that view. U.S., and at the same time‘
Mr. COWAN. I move now to take up the bill (H.R.No. 811) for the relief of certain drafted men. I think there is no objection to it.
Mr. CRESWELL. I believe one section of that bill provides that the claims paid under it shall be confined to those now on file in the War Dept. I ask what number there are now on file in the War Dept.
Mr. MORGAN. I do not think we know enough about that bill to consider it now.
The PRESIDENT protempore. Does the Senfrom NewYork object to its consideration?
The PRESIDENT protempore. It will be laid aside. ansroa sun n’conu.
Mr. TRUMBULL. I offer the following res olution: Resolved.That the SecyNavy be requestedto organizea board of notle ss than 3 competentpersonswhoseduty it shall be to inquire and determmehow much the vessels of warShiloh. built byGeorgeC.Bestor, andUtlah, bui ltby Charles W. McCord. at StLouis. Missouri, during the year! 18631. 864, and 1865a, nd their machinery, cost said contractorsover and above the contract price and allowancesfor extra work paid by the Government of the U.S., and reportthesameto the Senateat its next session. I introduced this morning a JtResolution on this subject which the Senate passed, but in the House it has been referre to a committee. I notice that the Senate passed a separate resolution similar to this last year; and I ask that this be passed so that the testimony can be taken.
Mr. HENDERSON. I remember that a resolution was passed just at the close of the last session, and the consequence was a report by a board, and upon that report a bill was introduced appropriating, perhaps, $2,000,000 to pay the iron clad contractors. The only justication for that bill was the report of a board organized under a simple resolution of the senate. I object to this resolution, and I hope the Senate will have nothing to do with it.
The PRESIDENT protempore. Objection being made, the resolution must go over.
Mr. TRUMBULL. I will state to the senator that that resolution would have covered this case, and Mr. Bestor and Mr. McCord could have taken their testimony but for the fact that the action of the board was before they completed their contract. They only want an opportunity to take the testimony. I do not know thatI shall vote for the claim eventually; I do not commit myself to that; I only desire to allow these parties to present their case.
Mr. HENDERSON. I object to the resolution. I wish to lay no foundation for another iron clad bill at the next session of congress by a resolution of this kind at the heel of the session.
The PRESIDENT ro tempers. being made, the resoficred. Objectiontion cannot be consid I MLITARY SERVICE ABROAD. Mr. WILLEY submitted the following resolution; which was considered by unanimous consent and agreed to: Resolved.That the POTUS he requested.ifnot i nhis opinion deemedincompat ible with the public interest.to transmit to the senatecopiesof all correspondencenot heretoforenub shed between the Governmentof the U.S and the Governmentsof Franceand Prussiasincethe 4th of March. 1857 touching the claim tomilitary service assertedby those Govepmentsin referenceto mous born in those countries and who have since Smpme naturalized under the laws of the U.S. PREPARATIONS FOR ADJOURNMENT.
Mr. HARRIS (at 15 minutes past 4 o’clock) submitted the following resolution; which was agreed to: Ruolved, ‘That a committeeconsistingof twomembers beappointedon the part of the Senate, to join such committeeas may beappointed on the part of the HoRep.to wait upon the POTUS and inform him thntunless he may have some further communicationto make, the 2 Housesof Congress, havingfinished the businessbeforethem, are ready to adjourn.
The PRESIDENTpro tempers being authorized to appoint the committee, Messrs. HARRIS and N ssilrrn were appointed. REV. C. B. BOYNTON. A message was received from the HoRep, by Mr. McPnaasos, its Clerk, announcing that the House had passed a JtResolution (H.R.No. 210) to authorize the payment of Rev. C. B. Boynton as Chaplain of the HoRep of the 39th Congress. At the suggestion of Mr. SPRAGUE, the JtResolution was, by unanimous consent, read 3 times and passed.
Mr. MCPHEBSON presently returned and an nounced that the Speaker of the House had signed the enrolled JtResolution (H.R.No. 210) to authorize the payment of Rev. C. B. Boyntou as Chaplain of the HoRep of the 39th Congress; and it was signed by the President protempera. REPORT OF COMMITTEE. After a use
Mr. HARRIS. The committee on the part of the Senate who were charged with the duty of waiting upon the President and informing him that the Senate was ready to adjourn unless he had some further communicationto make, have performed that service, and the President was pleased to as that he had no further communication to me e. THANKS TO THE PRESIDENT proTEMPORE.
The PRESIDENT protemporehaving vacated the chair,
Mr. BUCKALEW. Mr. Clerk, I offer the following resolution: Resolved, That the thanks of the Senate be presealedto Hon. LA FAYETTE S. Fos'rsn. Presidentof the Senatepm mnporr, for the dignified.impartial and courteous mannerin which he haspresidedover its deliberations during the presentsessmn. The Chief Clerk put the question on the resolution, and it was unanimously adopted.
The PRESIDENT protempore took the chair and said: SEXATORS: I thank you heartily for this most gratifying token of your approbation. The utics with which I have been charged, though responsible, have been made pleasant and agreeable by your uniform support, by the courtesy and kindness manifested, toward me by every member of the body. I shall cherish these associations in grateful remembrance as long as I live. The time designated by the concurrent vote of the 2 Houses for the close of this session of Congress having now arrived, wishing you all a prosperous journey to your homes and families, I now declare the Senate adjourned without day.
###HOUSE OF REPRESENTATIVES. SATURDAY, July 28, 1866. The House met at 11 o’clock a.m. The Chaplain, Rev. C. B. Born res, made the following prayer: Accept our thanks,0 God, that in circumstances of peace and mercy Thou hast brought these men once more together on this the closing day of the session. We ray,0 God, that this important chapter of merican history may, through wisdom and grace granted unto them to 'day, be worthily brought to a close. We thank Thee forall Thou hast enabled them during this session to do; for all that has been accomplished in the cause of right and freedom; for the benefits that have been conferred upon the masses of the people in this land, and for the encouragement that has been given to those in all other lands who are strugvling to gain and establish their rights. 0 Go, grant unto them that reward which is due. And now that they are about to separate when the duties of this day are over, God, we pray that it may not be a final separation. We commend them all individually to the holy keeping of our God. Will the Lord guard them on their homeward journey from all the perils of the traveler, watch over all their interests, and may they meet their friends in peace and health. 0 god, guard in safety every family circle, and every dear home, that they may meet each other in peace, and feel that God has guarded and blessed them. We beseech Thee, O Lord, that they may all be spared to meet again when another session shall commence to celebrate a new triumph for the right, to perfect that which remains undone in bringing all the policy of the Government in accordance with the eternal principles of Thine own. Will God bless all the o cers of the Government today. Bless the whole country. And when next a prayer shall be offered before Thee here, may we have still greater cause for thankfnlness to God for all that He has done for the U.S. We ask it in Jesus' name. Amen.
Mr. STEVENS. It is evident to all that the Journal of yesterday’s session cannot have been made a by this time; I therefore move that the res.inglof the Journal of yesterday be dispensed wit. The motion was agreed to. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE. from the ComEnrollBill, reported that they had examined and found trul enrolled bills of the following titles; when The SPEAKER signed the same: An act (S.No.188) to increase and fix the military peace establishment of the U.S.; An act (S.No.265) to protect the manufacturers of mineral waters in the DistCol, and for other purposes; and An act (H.R.N o. 791) to supply deficiencies in the appropriations for the service of the fis cal year ending June 30, 1866 and for other purposes. MISCELLANEOUS BUSINESS.
The SPEAKER. The Chair is informed that the enrolling of the hills which were passed just before the adjournment this morning and their examination and comparison by the ComEnrollBill cannot be completed in less than 2 and a half or 3 ours. The Senate have been informed of that fact and they will probably agree to the request of the House to extend the sesssion to half past 4 o’clock this afternoon.
Mr. STEVENS. I had laid down to get some sleep when the vote was taken upon agreeing to the report of the last comconference upon the disagreeing votes of the 2 Houses upon the civil appropriation bill. I now ask leave to record my vote in the affirmative. No objection was made, and leave was accordingly granted.
Mr. ROLLIN S asked and obtained leave to Eelclord his vote in the negative upon the same I.
Mr. SPALDING asked and obtained leave to record his vote in the affirmative upon the same bill.
Mr. WILLIAMS asked and obtained leave to record his vote in the affirmative upon the same bill. DEATHS OF PRISONERS OI‘ WAR.
The SPEAKER laid before the House a communication from the SecyWar, in an swer to a resolution of the House calling for a report of the number of deaths of Union and rebel soldiers while held as prisoners of war; which was laid on the table and ordered to be printed. RECONSTRUCTION.
Mr. STEVENS. if it will prevent the doing anything worse, and the House will indulge me, I will make a few remarks on House bill No. 623, to enable the States lately in rebellion to regain their privileges in the Union, and which was under consideration when we were last in ComWhole.
Mr. STEVENS. I will yield the floor wheir ever anythin else comes up. I do not want an action whatever.
Mr. ELDRIDGE. I an posed the Gentfrom Pennsylvaniah Mr. S'rnvsns] would want some action by the house. I never knew him to make a speech without having some purpose in view.
Mr. CONKLING. Of course he has some purpose in view. h
Mr. ELDRIDGE. Iwill not object, if there is to be no action.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Forney its Secretary, announced that the Senate ha concurred in the concurrent resolution of the House to extend the present session of congress to half past 4 o'clock p. m. of this day. The message further announced that the senate had passed, with an amendment, House bill No. 01, authorizing the payment of the rewards offered by the POTUS and the 0 cars of the War Dept in April and May, 1865, for the ca ture of JeffersonDavis and the assassins o the late President, Abraham Lincoln, and of the Sec reta of State, Hon. William H. Seward; in win amendment the concurrence of the House was requested. THANKS TO THE SPEAKER.
Mr. RAYMOND having been called to The SPEAKER’s chair
Mr. RANDALL, of Pensylvania, submitted the following resolution, which was unanimously agreed to: Resolved, That the thanks of the membersof the S HoRep aroeminentlydue to Hon. Senuvtia COLFAX, Speaker.for the dicnitied. impar tial and decorous manner in which. during the present session of Congress.ho has discharged the nuns of his position, and truthful recognition of such serViccsis herewithgiven. ASSASSINATION OF PRESIDENT LINCOLN.
Mr. ROGERS, in pursuance of permission previously given by the House, presented a report from the minority of the members of the ComJudiciary, which had been ordered to be printed with the majority report if presented in time. PAYMENT OF ASSASSINATION REWARDS; On motion of Mr. DELANO, the amendment of the Senate to the bill of the House (No. 801) authorizing the payment of the rewards offered by the POTUS and the officers of the War Dept in April and Ma, 1865, for the capture of JeffersonDavis an the assassins oft e late President, Abraham Lincoln, and the SecyState, Hon. William H. Seward, was taken from The SPEAKER’s table, and the House proceeded to consider the same. The amendment of the Senate was to strike out the list of awards for the capture of JeffersonDavis, as follows: For the captureof ] cffersonDavis: July 283' Globe
Skip Skip Mr. DELANO. I move that the amendment of the Senate be concurred in. The motion was agreed to. Mr. DELANO mtRtv thee amendment was concurred in; on the table. agreed to. RETURN OF DRAFT COMMUTATION.
Mr. ANCONA called for the regular order of business. The House accordingl resumed the consideration of House bill 130. 811. for the relief of certain drafted men. which had been postponed to and made the special order for today immediately after the reading of the Journal. The bill was read at length. The resmble sets forth that certain persons draft into the military service of the U.S. under the calls of the POTUS of February 1, 1864, and March 14. 1864.paid the sum of $300 each that being the amount of commutation fixed for such service in the 5th section of the nmendatory enrollment act of February 24, 1864; and the some persons were afterward again drafted under the call of De cember 19, 1864 or within less than one year of the previous draft and before the filling up of all the quotas assigned under the 2 calls 1st named above, and were then required to enter the service or furnish substitutes; and the true intent and meaning of the 5th section of the amendatory act of February 24. 1864, being to exempt persons thus paying commutation until the quotas assigned under such calls were full, not exceeding one year, the SecyWar is directed to refund the sum of $300 so paid by persons for commutation who were afterward again drafted as above stated.
Mr. ANCONA. I move to amend by striking out these words: Provided.That thissectioashallapplyonly tnclaiins received at the War Dept prior the time of this act.
Skip Skip The amendment was agreed to. Mr. ANCONA. I now call the previous question. The previous question was 2nded and the main question ordered. The bill, as amended, was then orderengross and read a 3rd time; and it was accordin, I] read the 3rd time and passed. Mr. ANCONA mtRtv the bill was passed; on the table. agreed to. PUBLICATION OF ACTS OF CONGRESS.
Mr. ANCONA introduced the following resolution; which was referred to the ComPrintg under the law: Resolved.That there be printed for the useof this House 10,000 copies of the actsof the present session of Congress. PENITEXTIABIES IN THE TERRITORIES.
Mr. RICE, of Maine, moved that the rules be suspended and the ComWhole on the state of the Union discharged from the further consideration of the bill of the House (No. 715) setting aside certain proceeds from internalrevenue for the crectionot‘ eniten tiories in the Territories of Nebraska, Washing ton, Colorado, Idaho, Montana. Arizona, and Dakota. for the purpose of having the same considered in the House. The motion was agreed to. The bill was read at length. It provides that the net proceeds of theiiiternal revenue of the Territories of nebraska, Washington, Colorado, Idaho, Montana, Arizona, and Dakota, for the fiscal years severally ending on June 80, 1866, June 30, 1867, an(lJnne30, 1863, besetasideand appropriated for the purpose of erecting, under the direction of the SecyInterior, penitentiary hiiildin s in the several Territo“ ries. at such Incest crein as have been or may be designate by the Legislatures thereof, and approved by the SecyInterior, provided the moneys so set aside and appropriated in each of the Territories shall be devoted exclusively to the erection of a penitentiary in the Territory in which the same has been and shall be collected, and not in any other, and that the same shall not exceed in amount the sum of $20000 in the Territory of Washington, and $40,000 in each of the Territories of Nebrasks, Colorado, Idaho, Montana, Arizona, and Dakota.
Mr. RICE, of Maine. I have been unable to get ihis bill before this House at an earlier day for the reason that it was not reached upon the Calendar. It is amatter of verygreatimportance to the Territories and to those who represent the Territories in this House, and it is exceedingly necessary that it should be passed. I trust there will be no objection to it. I call the previous question. I
Mr. CHA ES. Will the Gentfrom Maine [Mr. Rios] yield to allow me to move t“o amend by inserting “NewMexico” after Colorado 7"
Mr. ltICE, of Maine. I cannot yield for that pn r ose at this stage of the session.
Mr. C AVES. Will the gentleman allow me to say a few words?
Mr. RICE, of Maine. Certaiul Iwillyicld to the Gentfrom NewMexico [Mr. Cuavus] for 5 minutes.
Mr. HAVES. There was an appropriation of $60,000 made in 1861 by the Congress of the U.S. to complete the public buildings in the Territory otP NewMexico. The condition of the appropriation was that the $60,000 should finish the buildings. The buildings were started upon a grand scale; upon a grander scale, peraps, than Congress intended. Still the SecyTreasury must have approved the plans. The $60,000 was not sufficient, though at the time the appropriation was made it was in gold, for there was no other legal money of the U.S. at the time the appropriation was made. Of course if that was not enough then in gold, it is not enough now in currency. Only about 8,000 dollars of the appropriation has been expended; the rest is stil in the Treas nry; and if the buildings are left.in their present condition they will be a total loss to the Government of the U.S.; and the mere pittance of $40,000 which I now ask to complete those public buildings is nothing at all compared with what should be given for such n purpose. if necessary. The Gentfrom Illinois [Mr. Ross] knows the condition in which those buildings are now. It should be remembered also that the Territory of NewMexico was invaded by the confederate forces, and lost some 2 or 3 million dollars in consequence of that raid. Now, I tippeal to the generosity and liberalit of this house.o allow sufficient money tobuil upthese buildings for my people, who, though they came into this Union not willingly, but by the for tunes of war, and who are a people of foreign extraction, are and have been as loyal as any people in the world. It
Mr. RICE, of Maine. Under my instructions from the committee, I cannot allow any amendment to be offered to this bill. I now call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was then orderengross and read a 3rd time; and it was accordingly read the 3rd time and passed. Mr. RICE, of h 9, mtRtv the bill was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had passed without amendment a bill and a JtResolution of the House of the following titles: Abill (H.R.No. 639) for the reliefof Robert Baldwin; and A JtResolution (H.R.No. 198) authorizing the transmission through the mail free of postage of certain certificates by the adjutant general of the State of NewJersey. COMMITTEE ON VENTILATION.
The SPEAKER announced the following as membersof the committee on ventilation of the Hall of the House, authorized by a res olution of the House adopted on esterda: Messrs. Hssnr J. ltsvnoxn of INewYor, Tusnnsus S'rnvnss of Pennsylvania, Hiisnv L. DAWBS of Massachusetts, Conunnus Den ANO of Ohio, and Jon): A. NICHOLSON of Del aware. conmrr'rsa 'ro CODIFY cusrons LAWS.
The SPEAKER announced the appointment of Mr. James A. GARFIELD, of Ohio. as the committee on the part of the House under the JtResolution of Congress authorizing the appointment of a JtCommee of one member of each House of Congress to codify the laws relating to customs. BEISSUE OF PATENTS.
Mr. MYERS. I ask consent of the House that my colleague on the ComPatents [Mr. HUBBARD, of Connecticut.] be now allowed to make a report from the ComPatents, which, in consequence of being absent from his seat, he was not able to make last night when the committee was called. No objection was made. ‘
Mr. HUBBARD, of Connecticut, accordingly reported, from the ComPatents, a bill providing for the reissue of certain patents; which was read a 1st and 2nd time. The bill was read at length. It authorizes the ComrPatents to receive applications from Richard A. Vervaleu, Samuel Godfrey Reynolds, John L. White, and Hor ace L. Emery, respectively, for an extension of their respective patents, issued in 1852, and to hear and determine such applications upon their respective merits, the same as ifthe time for such applications‘liad not elapsed; provided, however, that no person or persons who may have made use of the improvements specified in such patents, or any of them, since the time of the exiration of said patents respectively, shall be old liable to any person or persons whatever for such use.
Mr. HUBBARD, of Connecticut. I can explain this matter in about 3 minutes and a half. All these patents were issued in 1852, to run for the period of 14 years. At the time they were issued the law was so that an application for the extension of a patent could he made at any time before 60 days prior to the eXpiration of the patent. These patentees, supposing they were governed by that law, made their application within the time specified by the law as it existed at the period when their patents weri issued. When they came before the ComrPatents they learned for the 1st time that in 1861 the law was changed, making the limit of time 90 days instead of 60 days. The law was changed without their knowledge, and now they come to Congress asking for relief from the consequences of this oversight on their part. They are not to blame for it. Indeed it may be a question whether in equity they had not a right. to rely n on the law as it existed at the time they 0tained their patents, and that the contract made with them by the Government would be carried out. I now call the previous question.
Skip Skip The bill was then ordered to he engrossed and rend a.3rd time; and it was accordingly read the3rd time and passed. Mr. HUBBARD, of Connecticut, mtRtv the bill was passed; on the table. agreed to. PUBLICATION OF BOUNTY LAW.
Mr. LYNCH submitted the following resolution; which was referred to the ComPrintg under the law: 4 He‘mlved.That therebe printed for the useof the HoRep10,000 copiesextra (it the bill of the House No. 737, including the provision for equalizing bountiesto soldiers, the VOTE ON CIVIL APPROPRIATION BILL.
Mr. DELANO. I ask leave of the House to record my vote upon agreeing to the report of the 2nd committee of conference on the civil appropriation bill. I desire to vote in the negative; understand that will not affect the result.
Mr. SCOFIEID. I will not object if I am allowed the same privilege.
Mr. DELANO. I move that the rules be suspended, in order that I may record my vote. 'I he question was taken, and 2/3rds not voting in the affirmative the rules were not suspended.
Mr. DELANO. I will only say that had I been able to be here I should have voted in the neeative.
Mr. SCOFIELD. I desire to state that I left the Hall at 4 o’clock this morning, after having voted against the report of the 1st committee of conference, With the understnnding that the 2nd committee of conference would not be likely to make a report for some hours. IfI had been here when their report was actedupon I should have voted in the negative. RECESS OF THE HOUSE.
Mr. MORRILL. I move that the House now take a recess, subject to the call of
Mr. JOHNSON. Would it not be better to take a recess until some definite time?
Mr. MORRILL. I will modify my motion so as to take a recess until 2 o'clock, subject to being previously called together by The SPEAKER.
Mr. CONKLING. I would inquire of the Chair to what hour, in his opinion, the House might safe] take a recess.
The SPEAKER. The Chair is of the opinion that the House might safely take a recess until 3 o‘clock. It will depend somewhat upon the action of the President in regard to the bills presented to him for his signature.
Mr. MORRILL. I will modify my motion to take a recess until 2 o’clock, and that
The SPEAKER be authorized, in the meantime, to take the chair to receive messages from the Senate and the President, and to sign enrolled bills reported from the ComEnrolledBills.
Mr. PRICE. I move to amend the motion of the Gentfrom Vermont LMr. MORRILL] b“y striking out “two o’clock’ and inserting 3 o’clock.”
Skip Skip The amendment was agreed to. The motion of Mr. Manama, as amended, was then agreed to. And the House accordingly (at 12 o'clock in) took a recess until 3 o’clock p. m. During the recess, the following messages from the Senate and reports from the ComEnrollBill were received:
Skip Skip messaeu FROM 'ruu SENATE. A message from the Senate, by Mr. Fonzvuv, its Secretary, announced that the Senate had sed, without amendment, aJtResolution (H.R.No. 1.35)to prevent the further enforcement of the JtResolution No. 77, approved Jul 4, 1864, against officers and soldiers of the
Skip Skip The previous question was 2nded and the i U.S. who have been honorably dismnin question ordered. L charged. so as to relieve them from the further payment of the special 5%. income tax imposed there y. The message also announced that the Senate had passed a JtResolution (S. It. No. i 145) for the relief of Geor e C. Bestor and Charles.W. McCord, in which the concurrence of the House was requested. ENROLLED HILLS ANDJtResolution.
Mr. TROWBRINGE. from the ComEnrollBill, reported that the committee had examined and found truly enrolled bills and a JtResolution of the following titles; when The SPEAKER signed the same: An not (H. 1t. No. 693) for the relief of Robert Baldwin; Au act, (H. It. No. 737) making appropriations for sundry civil expenses of the Government, for the year ending June 30, 1867, and for other purposes; and Joint rese ution (H.R.No. 193) authorizing the transmission through the mails free of postage of certain certificates by the adjutant general of NewJersey.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate by Mr. Foiixsir, its Secretary, announced that the Senate had passed the bill (H.R.No. 491) entitled “An act to remove the office of surveyor general of the States of Iowa and Wisconsin to Plntts mouth, Nebraska, ” with amendments, in which the concurrence of the House was requested. ENROLLEI) BILL ANDJtResolution.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled a bill and JtResolution of the following titles; when The SPEAKER sivned the same: An act (H.R.No. 801) authorizin the payment of the rewards offered by the POTUS and the officers of the War Dept in April and May, 1865. for the capture of the assassin of the late President, Abraham Lincoln, and the SecyState, Hon. William H. Seward; andJtResolution (H.R.No. 155) to prevent the further enforcement of the JtResolution No. 77 approved July 4, 1864, against officers and soldiers of the U.S., the
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate by Mr. Fourier, its Secretary, announced that the Senate had passed without amendment a bill and JtResolution of the following titles: An act (H.R.No. 612) to amend an act. entitled “An not making appropriations for sundry civil expenses of the Government for the year ending June 80, 1859;” andJtResolution (H.R.No. 208) in relation to the use of the Soldiers’ and Sailors’ Orphans’ Fair building in Washington. The House reassembled at 3 o’clock. LAND office NEBRASKA. Senate amendments to the bill (H.R.No. 491) entitled “An act to remove the office of the surveyor general of the States of Iowa and Wisconsin to Plattsmouth, Nebraska, ” were taken from
The SPEAKER’s table and read, as follows: gp linen 11 strike out the final "s" in the word a HI'HXIUS 11 and 12 strike out“and Wisconsiii.‘
Skip Skip The amendments were concurred in. Mr. ALLISON mtRtv the amendments were concurred in; on the table. agreed to. o. c. iinsroii pass 0. iv. ii’coim. The next business on The SPEAKER’s table was JtResolution (S.No.145) for the relief of George C. Bestor and Charles W. McCord; Which was read a 1st and 2nd time.
Mr. ALLISON. I move that this resolution be referred to the ComClaims., Louis, Missouri, | and 1865, and their machinery, cost the con
Mr.FA RNSWORTI;I. I hope that it Will not be reierred, but will be acted on now. i The JtResolution, which was read, proposes to direct the SecyNavy to organize a board of not less than 3 corn: potent persons, whose duty it shall be to inquire into and determine how much the vessels of wnr Shiloh, built by George C. Bestor, and the Utlah, built by Charles W. McCord, at Stduring the years 1863, 1864, tractors over and above the contract price and allowances for extrawork paid by the Government of the U.S., on account of the interference with and detention of said work by the Government, and to report the facts to the SecyNavy. The JtResolution further proposes to authorize and instruct the Secretary ot the Treasury to pay to Bestor and McCord respectively the amount reported by the board, not exceeding1 12%. upon the contract price of the work, provided that the SecyNavy shall approve the re 11.
Mr. LAWItENCE, of Ohio. It seems to me that this resolution contains an appropriation, and should, under the rule, go to the ComWhole. I make that objection.
The SPEAKER. The Chair thinks that it does not contain anappropriation, but will examine it.
Mr. LAWRENCE, of Ohio. If it is notan appropriation bill, then I move that it be referred to the ComClaims.
Mr. INGERSOLL. I hope that the Gentfrom Ohio will notinsist upon that motion. I ha pen to know something a out this claim; and I beg gentlemen not to do injustice to these men. I know something of the history of this transaction. I know that these men have sunk every dollar they were worth in completing these gunboats for the Government. This JtResolution is really not for their benefit, but for the benefit of the workmen who built these giinboats, as it will enable the contractors to pay them. This is nothing but a measure of sheer justice.
Mr. LAWRENCE, of Ohio. I must insist on my motion' to refer this resolution to the ComClaims. The Gentfrom Illinois [Mr. IxosasoLi] says that he knows something of this claim.Mr. Speaker, it is very important that some of the rest of us should know something about it; and wc cannot be properly informed unless the case be investigate by the appropriate committee of this House, Mr. FARNSWORTH. It has been examined by the ComClaims in the Senate.
Mr. LAWRENCE, of Ohio.Mr. Speaker, we are not in the habit of passing bills in this House because they have been investigated by committees at the other end of the Capitol. We have our own committees for the examination of measures coming before us. When a committee of this House shall have examined the case the true state of the facts will be developed. Now, in the last moments of the session, it is no time for us to be passing bills, making large drafts upon the Treasury of the U.S., and increasing the taxes of the people.)
Mr. FARNSWORTH. The object of this resolution is that the claim of these parties may be investigated by a proper commission who shall make a report to the SecyNavy. His hpproval is necessary before any money can be paid under the report of the commission. Knowing something of this case, I believe that the claim is an entirely merito rious one; and I hope the resolution will pass.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was referred to the ComClaims. Mr. ELDRIDGE mtRtv the JtResolution was referred: on the table. agreed to. HEISSUI'] OF THE DUNDAS PATENT.
Mr. CULLOM. I ask unanimous consent to introduce the following JtResolution: Whereas the papers in the matter of the aplicotion for reissueof the dundaspatentfor a cultivator have been furnished and printed too late for consideration at the present sessio not Congress: therefore. arBrveciat, resolved by the Senate and HoRep, That the SecyInterior be and is hereby.directedto delay the action of the Patent Office, in the said matter, until Congress can, at a future illnt‘.do'lsfl some legislation to meetthe recommendntions of the ComrPatents and the SecyInterior in regard to the reissueof pnttfiits.
Mr. CULLOM. I would like to make a statement in regard to this matter.
Mr. JENCKES. I object. The effort for the renewal of this patent is one of the eatest outrages upon the course of justice that as ever come within my knowledge.
Mr. CULLO)1. I move to suspend the rules that I may introduce the resolution. The motion was not agreed to. ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had exam ihed an found truly enrolled, a bill (H.R.No. 491) entitled “An act to remove the office of surveyor general of the State of Iowa to Plattsmouth, Nebraska, ” when The SPEAKER signed the same., PAY OF COMMITTEE CLERKS.
Mr. O'NEILL. I ask unanimous consent to submit the following resolution: Rnolved. That the compensation of the clerks of the ComCommerce.the ComMilAffrs and tho ComPostoffice be fixed at the same rate us that of the clerk to the ComPubLands. said compensation to commencewith the present session of ‘oncress.
Mr. CONKLING. I must object unless the amount is named. Let us know what it is.
Mr. O’NEILL. 1800 dollars perannum. Several Marianas objected; and the resolution was not received. PRINTING OF BOUNTY LAW.
Mr. LATHAM, from the ComPrintg, submitted the followmg resolution: Reno/red.That therebe printed for the useof the membersof this Houso 10,000extra copiesof the act (H. It No. 737)containing the provisions equalizing bounticsfor soldiers.
Mr. WILSON, of Iowa. I move to amend the resolution so as to provide for the printing of only so much of the act as relates to equalizing bounties.
Mr. LATHAM. I accept that amendment '06 a modification of my resolution.
Mr. INGERSOLL. I move to amend the resolution by striking out “ ten” and inserting “ 20, ” so as to provide for printing 20,000 copies.
Mr. LEBLOND. I do not see any necessity for priiitin these pamphlets. So much of the act as relates to bounties is embraced in a single section, and it will at once he publishe in every newspaper throughout the country. Hence there is no necessity that this House should order the rioting of any copies.
Mr. ELDRIDGE. IJdesire to say only a word. We have expended considerable money in the business of)rinting, especially in printing the report an testimony in reference to the Memp is mobor riot. I do not know what the Gentfrom Pennsvlvania [Mf Bnomuuficalls it massacre, I think. I hope the House will not expend money in printing this matter. It is a most important thing to the soldiers themselves, and there is not a newspaper in the country that will not be delighted to publish it. Itwill be known in every section of the country long beforewe can have it printed and mailed to our constituents. I will not detain the House any longer.
Mr. INGEITSOLL. I believe. myself, that this law in reference to the equalization of bounties of soldiers has such a general interest that every ocwspaperin the country will publish it; so there is no need of our entailing { upon the Government t excnso.
Mr. LATHAM denian ed the previous question.
Skip Skip The previous question was 2nded and the main question ordered. Mr. DEFREES moved that the resolution be laid upon the table. The motion was agreed to. Mr. ELDRIDGE mtRtv the resolution was laid on the table; upon the table. agreed to. RECESS.
Mr. SCOFIELD (at ten minutes past 3 o’clock p. m.) moved that the House take a recess until 4 o’clock p. m., subject to be called together by The SPEAKER to receive mes sages from the President or the Senate or reports from the ComEnrollBill. The motion was agreed to.
Skip Skip MESSAGE FROM THE PRESIDENT. During the recess, a message from the POTUS, by Mr. WllLIAM G. Moons, one of his Secretaries, notified the House that he had approved and signed the civil appropriation bil; and further, that he returne without his approval an act erecting the Territo of Montana into a surveying district, and or other purposes, with his objections thereto. ENROLLEDJtResolution. Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled the followin Jtresolution; when The SPEAKER signed the same:JtResolution (H.R.o. 208) in relation to the use of the Soldiers’ and Sailors’ Orphan’s Fair building in Washington. AFTER. THE RECESS. Agreeably to order,
The SPEAKER, at 4 o’clock p. m., again called the House to order. WITHDRAWAL OI? PAPERS. On motion of mr. RANDALL, of Kentucky, leave was granted for the withdrawal from the files of the House of the papers in the case of Field 8: Clay. On motion of Mr. BIDWELL, leave was granted for the withdrawal of the papers in the case of JacobP. Leese. THE MONTANA BILL VETOED.
Mr. BINGHAM moved that the message be printed and referred to the ComTerritor. The motion was agreed to.
Mr. DRIGGS. I suggest that the House take a recess until 25 minutes past 4 o’clock p. m., unless sooner convened by The SPEAKER.
The SPEAKER. There are several hills which the President has not yet returned. What is there now in DETENTION OF MEMBERS.
Mr. ANCONA. I ask unanimous consent to submit the following resolution: Resolved, That a select committee of 21 membersbe appointed to inquire as to the alleged abduction and etention of membersfrom the sessions of the housewhile important measures were pending and being acted on and that they be empowered to send for persons and papers, have leave to sit during the recess and report to the Philldelphis convention on the 14thday of August next. [Laughten]
Mr. ANDERSON. Where was the Gentfrom Chicago when the civil appropriation bill passed? [Laughter.] ‘
Mr. SI‘ROUSE. The gentleman has no right to inquire about the private affairs of any member.
Mr. DRICGS. I mpve that the House take a recess until 20 minutes past 4 o’clock p. in.
Mr. GARFIELD demanded the yeas and us s. The yeas&nays were ordered.
Mr. RIGGS Withdraw the motion. COMMITTEE TO WAIT ON THE PRESIDENT.
Mr. MORRILL. I now move the usual resolution, that a committee be appointed on the part of the House to join such committee as may be a pointed on the part of the Senate, to wait on the President and inform him that the 2 Houses havin concluded the‘business before them are rea y to adjourn, unless he has some further communication to make to them. The motion was agreed to; and Mr. Mon niLi and Mr. FINCK were appointed as such committee on the part of the Igouse. RECONSTRUCTION. I
Mr. ELDRIDGE. I ask unanimous consent to introduce the following resolution: Resolved, That the select Com reconstruction on the part of this House be, and the same is hereby, discharged. Objection was made. PERSONAL EXPLANATION.
Mr. ANDERSON. I propose, by unanimous consent, that the member from Chicago shall have 5 minutes to explain where he was when the civil appropriation bill was passed. [Laughter ] There was no objection, and the motion was agreed to.
Mr. WENTWORTH. Mr. Speaker, allow me to say that my remarks will cover more than 5 minutes, and Iwill write them out and put them in the Globe, with the consent of the House. [Renewed laughter.] PAY OF THE CHAPLAIN.
Mr. STEVENS. By some strange construction of the Dept they hold our appropriation for the Chaplain cannot be paid because we have not named him. I ask that a JtResolution be prepared to cure the defect, otherwise our worthy Chaplain will receive no compensation. I ask unanimous consent to introduce a JtResolution to authorize the payment of Rev. Charles B. Boyn ton, the Chaplain of the HoRep of the 39th Congress. It authorizes him to draw the amount heretofore appropriated.
Mr. LEBLOND. How is it about the 'Cha lain of the Senate?
Mr. STEVENS. There is no difficulty about the Chaplain of the Senate. Objection was made.
Skip Skip The rules were suspended. The JtResolution was introduced, read a 1st and 2nd time, orderengross and read a 3rd time; and being engrossed, it was accordin l 'read the 3rd time and passed. Mr. STEVENS mtRtv the JtResolution was passed; pon the table. agreed to. .
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secy, announced the appointment by that body 0 a committee to wait on the President, in conjunction with a similar committee on the part of the House, and that Mr. Hanna and Mr. Fesssxusx were appointed as such committee on its part. Also, that the Senate had concurred in the passage of the House JtResolution (No. 210) authorizing the payment of Rev. C. B. Boyn ton, as Chaplain of the HoRep of the 39th Congress. BNROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound truly enrolled JtResolution (H.R.No. 210) authorizing the payment of Rev. C. B. Boynton, as Chaplain of the HoRep of the 39th Congress; when The SPEAKER signed the same.
Skip Skip MESSAGE FROM THE PRESIDENT. A message from the President, by WILLIAM G. Moons, announced that the President had approved and signed Jtresolution (H.R.o. 210) authorizing the payment of Rev. C. B. Boynton as Cha lain of the HoRep in the 'hirty 9th Congress. CLOSE OF BUSINESS.
Mr. MORE ILL. The committee appointed to wait on the President and inform him that the business of the House was concluded, and to inquire whether he had any further communication to make, have waited upon him, and he has informed us that he has no further communication to make.
The SPEAKER. Gentlemen of the HoRep, I cannot speak the word that announces our separation until Ithank on, with all the warm emotions of a grateful cart, for the unanimously adopted resolution you have placed on your Journal. Unusual as this is at the close of a 1st session of Congress, its value is thereby enhanced; and I prize it because I believe it is your sincere indorsement of my endeavors to administer the duties of this responsible and often trying position with an earnest impartiality. To maintain the just rights of a or'ity, to protect the even more necessary ri ts of a minority, and yet to hold the scales so fairly poised that every decision shall stand the test of reason and of parliamentary law, watched as a presiding offi is never less than difficult. And he is fortu nate who can imprethe body over which he presides with the conviction that his constant aim has been to renderjustice to all. Meeting here amid the frosts of early winter, and parting nfler such a prolonged session amid the torrid heats of summer, friendships have been formed which will brighten as ear after year rolls away. Discussing some of the gravest questions ever submitted to a delibenative body in this land, the attrition of mind with mind, and the conflict of thought and action have left but few stings behind and despite all differences of sentiment no Congress within my experience here has closed its session with more general ond feeling among its membere. We go ack, as our institutions wisely prescribe, to submit to our constituents the Issues which have divided us here, and to chcer fully abide by their verdict, as a court from which there is no rightful appeal. Wishing you all a safe journey to your homes, and a appy reunion with family and friends. I do now, in accordance with the concurrent resolution of both Houses, declare the 1st session of the HoRep of the 39th Congress adjourned sine die. cer always must beg; scores of critiml eyes, THE END.
Skip Skip APPENDIX CONTAINING SPEECHES, IMPORTANT STATE PAPERS, AND THE LAWS 1ST SESSION 39TH CONGRESS. MESSAGE OF the POTUS and Message of Secyinterior
Imported Wool. REMARKS OF HON. W. LAWRENCE, OF OHIO, HoRep, July 23, 1866, On the bill to provide increasedrevenue from importedwool and for other purposes.
Skip Skip GLOBE 2ND SESSION 39th CONGRESS. PART I.
@@@IN THE SENATE OF THE U.S., THURSDAY, February 21, 1867.
Mr. ANTHONY submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecySenate is hereby directed to furnish to the official publishers of the Debates in Congress, to be inserted therein at the close of each session, the name and postoffice address of each Senator, and of each officer of the Senate, with a diagram of the Senate Chamber showing the seats of Senators.
###IN THE HOUSE of REPRESENTATIVES, SATURDAY, February 16, 1867.
The PRESIDENT protempore presented the credentials of Hon. LUKE P. Poland, elected a Senator by the Legislature of the State of Vermont, to fill the vacancy occasioned by the death of Hon. Jacob Collamer, for the term ending March 3, 1867. pThe.credentials were read, and the oaths by law were administered to Mr. oLAND, and he took his seat in the Senate.
The PRESIDENT protempore presented the credentials of Hon. GroRoi. F. EDMUNDs, elected a Senator by the Legislature of the State of Vermont, to fill the vacancy occasioned by the death of Hon. Solomon Foot, for the term ending March 3, 1869. The credentials were read, and the oaths rescribed by law were administered to Fo Mr and he took his seat in the Senate.
Mr. FESSENDEN. I rise, Mr. President, to present a commission issued by the governor of the State of NewJersey to ALEXAN DER. G. CATTELL, as a Senator to represent that State in the Congress of the U.S., to fill a vacancy existing in the representation of the State of NewJersey for and during the term ending the 4th day jo.A. D. 1871. I understand that a certificate of the election under the statute has been filed with the President of the Senate. I desire also to present the credentials of Hon. FREDERIck T. FRELINGHUYSEN, appointed by the Governor of NewJersey to the vacancy occasioned by the death of Hon. will liam Wright, late a Senfrom that State.
The PRESIDENT protempore presented the credentials of Hon. A. G. CATTELL, elected a Senator by the Legislature of the State of NewJersey for the residue of the term of 6 years, commencing on the 4th of March, 1865. The credentials were read, and the oaths rescribed by law were administered to E. Mr and he took his seat in the Senate.
The PRESIDENT protempore presented the credentials of Hon. FREDERick T. FRELINGHUYSEN, appointed a Senator of the U.S. by the Governor of the State of NewJersey, to fill, until the next session of the Legislature of that State, the vacancy occasioned by the death of Hon. William Wright. The credentials were read, and the oaths rescribed by law were administered to Mr. "RELINGHUYSEN, and he took his seat in the Senate. Mr. CRAGIN presented the credentials of Hon. GEORGE G. Fogg, appointed a Senator of the U.S. by the Governor of the State of NewHampshire, to fill, until the next session of the Legislature of that State, the vacancy occasioned by the resignation of Hon. Daniel Clark. The credentials were read, and the oaths rescribed by law were administered to Mr. Rogg, and he took his seat in the Senate.
Mr. JOHNSON. Mr. President, I am requested to present the credentials of Hon. David G. Burnet, elected a Senfrom the State of Texas to fill the vacancy in the son atorial representation from that State which expires on the 3d day of March, 1871. I am also requested to present the credentials of Hon. O. M. Roberts, elected a Senfrom the same State to fill the vacancy in the term expiring on the 3d day of March, 1869. I move that they lie upon the table. The motion was agreed to. NOTIFICATION TO THE HOUSE. On motion of Mr. ANTHONY, it was Ordered, That the Secretary inform the HoRep that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business. HOUR OF Meeting. On motion of Mr. ANTHONY, it was Ordered, That the hour of the daily meeting of the Senate be 12 o'clock, m., until otherwise ordered. NOTIFICATION TO THE PRESIDENT. On motion of Mr. ANTHONY, it was Resolved, That a committee, consisting members, of 2 may be appointed to join such committee as be appointed by the HoRep, to wait upon the POTUS, and inform him that a quorum of each House has assem bled, and that Congressis ready to receive any communication he may be pleased to make. By unanimous consent, the President protempore was authorized to appoint the committee; and Messrs. ANTHoNY and NESMITH were appointed. suffraGE IN THE DISTRICT.,
Mr. SUMNER. Is there any business before the Senate now?
The PRESIDENT protempore. There is none.
Mr. SUMNER. If not, and if it is in order, I will move that the Senate proceed to the consideration of Senate bill No. 1, entitled “A bill to regulate the elective franchise in the DistCol.”
The PRESIDENT protempore. Those in favor
Mr. SUMNER. Before the motion is put I wish to call the attention of the Senate to the condition of that bill. It will be remembered that it was introduced on the 1st day of the last session; that it was the subject of repeated discussions in this Chamber; that it was more than once referred to the ComDistCol, by whose chairman it was reported back to the Senate. At several different stages of the discussion it was supposed that we were about to reach a final vote. The country expected that vote. It was not had. It ought to have been had. And now, sir, I think that the best way is for the Senate in this very 1st hour of its coming together to put that bill on its passage. It has been thoroughly debated. Every Senator here has made up his mind on the question. There is nothing more to be said on either side. So far as I am concerned, I am perfectly willing that the vote shall be taken without one further word of discussion; but I do think that the Senate ought not to allow the bill to be postponed. We ought to seize this 1st occasion to put the bill on its passage. The country expects it; the country will rejoice and be grateful if you will signalize this 1st day of your coming together by this beautiful and generous act.
Mr. MCDOUGALL. I should like to inquire of the Senfrom Massachusetts whether he desires to force a discussion on that measure today. It is, of course, a very important one, and he is aware that there are differences of opinion upon it. I differ with him much. That bill cannot be passed without discussion, and it should be a full discussion, for it involves principles, and I ask the Senfrom Massachusetts not to urge it immediately. Let him set a time for its consideration any time when those members of the Senate who desire to debate it will be prepared to do so and not press it before the morning hour has expired of the 1st day of the session of the Senate. I object to its consideration now, and I ask the Senfrom Massachusetts to name a day for that purpose. A. a pause.] He insists upon it ncw. Well, then, it will have to be discussed. I would rather that so important a question should be postponed until some day when we come here prepared for business, and not when we come here for the purpose of settling the preliminaries of business.
Mr. MORRILL. I agree with all that has been said by the honorable Senfrom massachusetts about the propriety of an early consideration of this measure. It is true, that having been charged by the committee with presenting the measure to the consideration of the Senate at the last session, I did call the attention of this body on more than one occasion to the importance of its consideration, but was not able to secure the final action of the body; and in the continuance of the duty with which I felt charged by the committee, it was my purpose to move for the action of the Senate at the earliest moment when I supposed it would be in order to do so. I was under the impression that the unfinished business of the 2 Houses must lie over under the rule for the 1st 6 days of the session in other words, it would not be in order to take this measure up until the expiration of 6 days. I do not know that the rule is susceptible of that construction, but under that construction it was my purpose to do no more today than to give notice of an intention to bring this bill to the consideration of the Senate at the earliest possible moment when it could receive its attention, but I should be very glad, if it is within the reach of the Senate, to consider it now, and very much obliged to my honorable friendfrom Massachusetts for relieving me from any further duty in regard to the bill.
The PRESIDENT protempore. Is the Senate ready for the question?
Mr. SAULSBURY. Mr. President, according to the Constitution of the U.S., I believe
Mr. JOHNSON. I understand the Senfrom California to object to the consideration of the bill now. Does not a single objection carry it over?
The PRESIDENT protempore. The Chair thinks not.
Mr. MCDOUGALL. It is a violation of the rule to take it up now. fl
Mr. SAULSBURY. I believe I have the Oor.
The PRESIDENT protempore. The Senfrom Delaware has the floor. The Chair will state that the only question suggested by the Senfrom Maine, as a question of order, in the opinion of the Chair, must come under the 21st joint rule, which is, that “After 6 days from the commencement of a 2nd or subsequent session of Congress, all bills, resolutions, or reports which originated in House, either and at the clese of the next preceding session remained undetermined in either House, shall be resumed and acted on in the same manner as if adjournment had not taken place.” an It does not, in the opinion of the Chair, exclude the Senate from considering bills prior to the 6 days. It requires that after the 6 days they “shall be resumed.” If the opinion of the Chair is wrong, he will be subject, of course, to correction. The Chair, however, is referred to a previous decision at a former session. A motion was made to take up a bill under like circumstances: “Mr. PEARck raised a question of order whether the motion was in order under the 21stjoint rule, and the VEEP decided that the motion was not in gress, order.” Senate Journal, 3/5th con2nd session, page39. In view of that decision the Chair will reverse its decision, and decide that this motion, if the question of order is made, is not now in order, on the authority of the precedent for merly set. INTRODUCTION OF BILLS.
Mr. SHERMAN. Is it in order now to introduce a bill with the consent of the Senate?
The PRESIDENT protempore. The Chair thinks it is, if there be no objection. The title of the bill will be read for information. There being no objection, leave was granted to introduce a bill (S.No.452) to prevent and E.the illegal appointment of officers of the U.S.;. }it was read twice by its title.
Mr. SHERMAN. I ask that it be referred to the ComJudiciary.
Mr. GRIMES. The committees have not been appointed.
Mr. SHERMAN. I thought they were continued; if not, let it be laid on the table. The bill was laid on the table.
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.453) to regulate the tenure of offices; which was read twice by its title, laid on the table, and ordered to be printed. organization of the house. Edward McPHERson, Esq., Clerk of the HoRep, appeared below the bar and delivered the following message: Mr. PresIDENT: I have been directed toinform the Senate that a quorum of the HoRep has assembled, and that the House is now ready to proceedto business. he House has passed a resolution directing the appointment of a committee on the part of the House, to join such committee as may be "Fo on the part of the Senate, to wait on the POTUS and inform him that a quorum of 2 Houseshasassembled, and that . the is ready to receive any communication he may be pleased to make; and has appointed Mr. E. B. WAshbugxe of Illinois, Mr. J. S. MoRRIll of Vermont, and Mr. W. FINck of Ohio, the committee on the part of the house. NOTICE OF A BILL.
Mr. MORGAN gave notice of his intention to ask leave to introduce a bill in relation to the employment of apprentices in the commercial marine of the U.S. FRENCH Troops IN MEXICO.
Mr. CHANDLER. I ask leave to offer the following resolution: Resolved, That the President be requested to municate comto this House, if in his opinion not inconsistent with the public interest, any correspondence or other information in his possessionin regard to following points: the 1. Whether the French Emperor has complied with his announcement toward the U.S. to withdraw 1/3rd of the French troops in Mexico dur the month of November last. 2. Whether any number of been withdrawn in accordance with retnhcaht atrnonoo pusnhcaesment. 3. Whether, if, as it appears, no troops have been withdrawn, the French Emperor has offered any exYlanation or anology for his course, or, whether ho hasproposed a different understanding by which the withdrawak will be delayed. 4. What action, if any, the Government has taken to see that understanding carried out.
Mr. SUMNER. Let that lie over until tomorrow.
The PRESIDENT protempore. being made, the resolution lies over. superinTendent OF PIRINTING.
Mr. LANE submitted the following resolution: Resolved, That the ComPrintg be directed to inquire into the expediency of providing by law for the election of Superintendent of Printing by Public a concurrent vote of both Houses of Congress, apd to report by bill or otherwise.
The PRESIDENT protempore. The Chair will suggest that there is at present no committee to which the resolution can be referred.
Mr. LANE. Let the resolution lie on the table, to be referred when the committee shall have been appointed.
The PRESIDENT protempore. That course will be taken, no objection being made. WIDOW OF HON. J. H. LANE.
Mr. POMEROY. I ask the consent of the Senate to introduce the following resolution: Resolved, That the SecySenate be, and he is hereby, directed to pay out of the compensation fund of the Senate. to Mrs. Lane, widow of Hon. James H. Lane, deceased, late a Senfrom the State of Kansas, the amount of compensation due the deceasedat the time of his death. I suppose this resolution had better lie on the table until the appointment of the ComContingent Expenses.
The PRESIDENT protempore. The resolution will lie over, having received one reading today. Objection RECESS.
Mr. TRUMBULL, (at a quarter before one o'clock.) I move that the Senate take a recess until a quarter past one o'clock.
Mr. TRUMBULL. No, we may get the message. I understand that our committee have gone to the President, and I think we ought to await their report bafore adjourning. It is possible we may have the message today. The motion was agreed to.
The PRESIDENT protempore resumed the chair at 15 minutes past one o'clock p.m.
Mr. ANTHON.Y., Mr. President, the JtCommee appointed to inform the POTUS that the 2 Houses of Congress were organized and prepared to receive any communication which he might be pleased to make to them, have performed the duty to which they were appointed, and the President replied that he would communicate to the 2 Houses immediately in writing. POWER OF AMNESTY AND PARDON. Skip Skip A message from the HoRep, by Mr. McPERson, its Clerk, announced the passage by the House of a bill (H.R.No. 828) to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862, in which the concurrence of the Senate was requested.
Mr. CHANDLER. I move, Mr. President, that the Senate proceed to the consideration of House bill No. 828.
Mr. SAULSBURY. I should like to know what that bill is.
The PRESIDENT protempore. The title of the bill will be read for information. The SECRETARY. House bill No. 828 is a bill to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862.
The PRESIDENT protempore. Objection being made, the bill cannot be considered the day on which it is received. THE PRESIDENT'S ANNUAL MESSAGE.
Mr. Robert Johnson, the Private Secretary of the POTUS, appeared below the bar and said: Mr. PresroeNT: I am directed by the POTUS to deliver to the Senate a message in Writing.
The PRESIDENT protempore having received the message, handed it to the Secretary, and directed that it be read.
The SecySenate, John W. Fort NEY, read the President's annual message. e message will be published in the Appendix] PRINTING OF THE MESSAGE.
Mr. ANTHQNY submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved.That the message of the POTUS, with the reports of the heads of depts, and without the accompanying documents, be printed, and that 3,000 additional eopies be printed for the use of the Senate. FINANCE REPORT.
The PRESIDENT protempore. The Chair has received, and will take this opportunity to lay before the Senate, the annual report of the SecyTreasury on the state of the fiances.
Mr. FESSENDEN. I move that that report be laid othe table until the committees are appointed, and be printed.
The PRESIDENT protempore. That order will be taken if there be no objection.
Mr. POMEROY. If there is no further business, I move that the Senate do adjourn. now The motion was agreed to; and the Senate adjourned.
The SPEAKER stated that 146 members (more than a quorum) had answered to their names, and that the Hofouse was ready to proceed to the transaction business. QUALIFICATION OF MEMBERS. WMr. M.AYNARD. I rise to a question of and present the credentials of Messrs. WILLIAM B. CAMPBELL, SAMUEL M. ARNELL, and ISAAC. R. Hawkins, members elect from the 5th, 6th, and 7th districts, respect ively, of the state of Tennessee. Those gentlemen, are now in attendance, ready to take the oath of office.
Mr. DAWES. The credentials of the members from Tennessee were at the last session referred to the ComElections. I move that the credentials now presented be so referred, before the gentlemen are sworn in as members.
The SPEAKER. The ComElections at the last session reported in favor of the admission of 8 members from the State of Tennessee; and that report was accepted by the House. These are 3 gentlemen who, being absent, were not sworn in at that time. Does the Gentfrom Massa o: Dawes] desire that their creden. tials shall be again referred?.
Mr. DAWES. No, sir. The fact just mentioned had slipped my memory. I withdraw my motion. Messrs. CAMPBELL, ARNELL, and Hawkins appeared, and were duly qualified by taking. oaths prescribed by the Constitution and aw8.
Mr. HARDING, of Kentucky. I rise to a question of privilege, and present the credentials of Mr. ELIJAh Hise, a member elect from the 3rd district of Kentucky, lately represented by Hon. Henry Grider, now decease and also the eredentials of ANDREw H. WARD, member elect from the 6th district of the sCalmaye SSmtatiteh,, lately represented by Hon. Green resigned. Messrs. His E and WARD appeared, and were duly lo. by taking the oaths prescribed by the Constitution and laws. COMMITTEE TO WAIT UPoN THE PRESIDENT.
Mr. WASHBURNE, of Illinois. Mr.Speaker, a quorum having answered to their names I offer the following resolutions: Resolved.That the Clerk inform the Senate that a bQlueodr, um of the HoRep has assembled and that the House is ready to proceed to buil Resolved.That a committee of 3 be appointed on the part of the House, to join such oluny be"F. as Rpon on the part of the Senate, to wait the POTUS to inform in a quorum of the 2 Houses has assembled, and Congress is ready to receive any communication he may be pleased to make. The resolutions were adopted. The SPEAKER appointed as such committee, Mr. WASHBURNE of Illinois, Mr. MoRRILL, and Mr. FINck. NEWS ASSOCIATION.
Mr. WASHBURNE, of Illinois. I ask now that The SPEAKer may assign to the U.S and European News Association a seat for its reporter upon the floor of the House, at some point Who. it will be of no inconvenience to the members. There was no objection, and it was agreed to accordingly.
Mr. STEVENS. I desire to know whether the motion just made embraces the editor of the London Times, who is now in town and ought to be invited to take a seat upon the floor.
Mr. WASHBURNE, of Illinois. My motion only applies to a permanent agent of the Asso ciated Press. The Gentfrom Pennsylvania can make his own motion.
Mr. STEVENS. I merely made the inquiry. CALL OF STATES FOR RESOLUTIONS. The 1st business in order was a call of the States for resolutions. COMMITTEE ON FREEDMen.
Mr. ELIOT submitted the following resolution; which was referred to the ComRules: Resolved, That a standing committee, called the Committee on Freedmen, consisting of bers, mine membe appointed by The SPEAKer at the beginning of each session of Congress, which committee shall have charge of shall be all mattersconcerning freedmenwhich committed to it by the House.
Skip Skip MESSAGE FROM THL SENATE. A message was received from the Senate, by its Secretary,
Mr. JOHN W. FortNEY, informin the House that a quorum of the Senate ha assembled and was now ready to proceed to business; and further, that it had appointed Mr. ANTHoNY and Mr. NESMITH a committee, to join such committee as may be appointed on the part of the House, to wait upon the President and to inform him a quorum of each House had assembled and Congress was ready to receive any communication he may please to make. PRESIDENT's PARDoNING Power.
Mr. ELIOT. I ask unanimous consent to introduce a bill to repeal the 13th section of an act entitled “An act to suppress insurrection, to punish treason and rebellion, and seize and confiscate the property of rebels, and for other purposes, “ approved July 17, 1862.
Mr. SPALDING. I ask for the reading of the section proposed to be repealed.
The Clerk read as follows: “SEc. 13. Abife:, That the President is hereby authorized, at any time here after, by proclamation, to extend to personswho may have participated in the existing rebellion in an State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.”
Skip Skip Mr. ELIOT, I move to suspend the rules. Mr. FINCK. I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 116, nays 28, not voting 45;. So 2/3rds having voted in the affirma tive) the rules were suspended. During the roll call, Mr. GRINNELL said: I desire to state that my colleague, Mr. HUBBARD, is detained at home by sickness. Mr. ANCONA said: I desire to state that my colleague, Mr. JOHNson, is detained at home by sickness. The result of the vote was announced as above recorded. The bill was then read a 1st and 2nd time. Mr. ELIOT. I demand the previous question on the engrossment of the bill.
Skip Skip The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was “so read the 3rd time. Mr. ELIOT. I demand the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. LeBLOND demanded the yeas&nays on the passage of the bill. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 112, nays 29, not voting 49;. So the bill was passed. During the roll call, Mr. LeBLOND said: Mr. FINCK is absent attending the committee to wait on the president. If he were present he would vote against the bill. The result of the vote having been announced as above recorded, Mr. ELIOT mtRtv the bill was passed; upon the table. agreed to. QUALIFICATION OF A MEMBER.
Mr. ORTH. Hon. LovELL. H. RoussBAU having been reelected a Representative from the 5th congressional district of Kentucky, is present and desires to be sworn in.
Mr. Rousseau was duly qualified by taking the oaths prescribed by the Constitution and laws. JOHN H. SURRATT.
Mr. BOUTWELL submitted the followin resolution; which was read, considered,; agreed to: Resolved. That the SecyState be, hereby, and is directed to lay beforethis House copies of all correspondence in the State Dept in relation to the discoyery and arrest of John H. Surratt. sALE of gold.
Mr. BOUTWELL introduced a bill to provide for the sale of gold, and for other purposes; which was read a 1st and 2nd time. The bill directs the SecyTreasury to sell the sum of $2,000,000 in gold in the city of NewYork, on each and every Mon day, in lots not exceeding $10,000 each, when: ever the amount of gold in the Treasury shall exceed $42,000,000.
Mr. BOUTWELL. I move that the bill be referred to the ComWays&Means.
Mr. SPALDING. I move that the bill be referred to the ComBanking&Currency.
Mr. BouTwelfs motion was then agreed to. MEETING OF CONGRESS.
Mr. SCHENCK introduced a bill to fix the time for the regular meeting of Congress; which was read a 1st and 2nd time.
Mr. SCHENCK. I do not desire action on the bill at the present time. I now move that it be made the special order for Tuesday, the 11th instant, after the morning hour.
Mr. RANDALL, of Pennsylvania. I think there is already a special order for that day. If this bill shall come in after the special orders that have already been fixed for that day, I will have no objection.
The SPEAKER. There are several post ponements of special orders from the last session. They will take precedence in the order of their dates.
Mr. SCHENCK. I will modify my motion. I move that the bill be postponed and made the special order for Thursday next, after the morning hour, and that it be printed. The motion was agreed to. DEPT OF internalrevenue.
Mr. KELLEY. I move to suspend the rules in order to enable me to introduce and have referred a bill to create and organize a Dept to be called the Dept of internalrevenue.
Mr. ELDRIDGE. I call for the reading of the bill at length. The Clerk began the reading of the bill, but before concluding, Mr. HALE said: I move to suspend the rule under which the Gentfrom Wisconsin [Mr. ELDRIDGE] has the right to call for the reading of this bill.
Mr. ELDRIDGE. I would inquire of the Chair if the reading of a bill can be interrupted in this way?
The SPEAKER. It can. Any member has the right under the rules to call for the reading of a bill. And under the same rules any member has the right to move to suspend the rules that gives the right to call for the reading. The Chair will state that the rule is that motions to suspend the rules can be made on each Monday only, after the expiration of one hour succeeding the reading of the Journal. There being no Journal read today that rule does not apply to this day.
Skip Skip The question was taken upon the motion of Mr. HALE, and upon a division there were ayes 8, noes not counted. So (2/3rds having voted in the affirma tive) the rules were suspended, and the further reading of the bill was dispensed with. The question recurred upon the motion of Mr. KELLEY to suspend the rules in order to enable him to introduce a bill, and being taken it was agreed to, 2/3rds voting in the affirmative. So the rules were suspended, and the bill was introduced and read a 1st and 2nd time.
Mr. KELLEY. “I move that the bill be referred to the ComJudiciary, and be printed.
Mr. GARFIELD. I move to amend that motion, so that the bill may be referred to the ComWays&Means.
Skip Skip The question was taken upon the motion of Mr. GARFIELD; and upon a division there were ayes 54, noes 62. So the amendment was not agreed to. The motion of Mr. KELLEY was then agreed to. ReMOWALS FROM OFFICE.
Mr. STEVENS. I move that the rules be suspended in order to enable me to introduce a bill to regulate removals from office.
Mr. STEVENS. I desire to state that I do not propose to ask for action upon this bill at this time, but shall move that its further consideration be postponed until Friday next, and that it be made the special order for that day after the morning hour.
Mr. SPALDING. Is the Gentfrom Pennsylvania [Mr. STEvens] aware that that subject, is now before the JtCommee on retrenchment?. They have the subject now before them and are considering it.
Mr. STEVENS. All I know is that I offer this bill. If the gentleman does not like it he can vote against it.
Mr. SPALDING. He will probably assume that privilege, whether the Gentfrom Pennsylvania [Mr. Steve Ns] likes it or not. The motion to suspend the rules was agreed t;o and the bill was postponed, and made a special order for Friday next, after the morning hour, and ordered to be printed. MANAGEMENT OF GOVERNMENT PRINTING.
Mr. LAFLIN, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: quReessteodlved. That the Committee, 9n Printing be reto inquire into the expediency of providing by law for the selection of a proper person to charge take of and managethe Government Printing 0ffice, for the execution of all the congressionaland deptal printing.
Mr. LAFLIN mtRtv the resolution was agreed to; on the table. agreed to.
The SPEAKER resumed the call of the States and Territories for the introduction of resolutions and of bills on leave. LIGHTHOUSE AT MATAWAN POINT, ETC.
Mr. NEWELL submitted the following resolution; which was read, considered, and agreed to Resolved, That the Committee on requested Commerce be to inquire into the expediency of making an appropriation for the erection of a lighthouse at Matawan Point, on Raritan bay, in the State of NewJersey; and also of providing for a per diem compensation for the crews connected with the life saving stations on the coasts of LongIsland and NewJersey for every day during which they may be actually employed, and that the committee report by bill or otherwise. APPOINTMENT OF PUBLIC OFFICERS.
Mr. BROOMALL introduced a bill regulating the appointment of certain public officers; which was read a 1st and 2nd time.
Mr. LeBLOND called for the reading of the bill at length; and it was read. The bill was referred to the ComJudiciary, and ordered to be printed. ORGANIZATION OF CONGRESS.
Mr. WASHBURNE, of Illinois. I rise to make a privileged report. The JtCommee of fo 2 Houses, appointed to wait, on the President and advise him of the organization of Congress, beg leave to report that the have discharged that duty, and that the President has informed them that he will communicate his message to Congress at once. EXEMPTION FROM INCOME TAX.
Mr. ANCONA submitted the following resolution, on which he demanded the previous question: Resolved, That the ComWays&Means be requested to take into consideration and report at the earliest day practicable a adjustment bill providing an of the rates and amount of exemption from the income tax, in accordancewith the pledges made to the people by Congress at the last session. when action was last taken upon the general subject of internalrevenue duties.
Mr. GARFIELD. I hope that this resolution in its present form will not be adopted although I have no objection to a reference o the subject to the committee.
Skip Skip The previous question was not 2nded. Mr. ANCONA. I will move the reference of the resolution to the ComWays&Means. That will accomplish the same purpose. The motion was agreed to; and the resolution was referred to the ComWays&Means. INSPECTORS OF DISTILLERIES.
Mr. MILLER submitted the following res: olution; which was read, considered, and agreed to: o Resolved, That the ComWays&Means be, and are hereby, requested to inquire into the expediency of so changing the revenue laws as to dispense with the present mode of appointing inspectors of distilleries of ardent spirits, and report by bill or otherwise, MODIFICATION OF internalrevenue LAW.
Mr. KELLEY submitted the following res: olution; which was read, considered, and agreed to: Resolved, That the ComWays be instructed to inquire into the expediency of immediately repealing the provisions of the internalrevenue law whereby a tax of 5% is imposed on the productsof the mechanical and manufacturing industry of the country. PRESIDENT's MEssage.
Mr. STEVENS. I move that the Clerk now proceed to read the President's message, of which I send a copy to the desk. [Laughter]
The SPEAKER. The message has not yet been officially communicated to the House.
Mr. STEVENS. The copy which I send up is that already issued in the official paper, the Constitutional Union, [laughter] the paper published by Colonel Florence. Anything em anating from that source must, I presume, be authentic. [Renewed laughter] However, I withdraw the motion. APPOINTMENTS OF POSTMASTERS.
Mr. WARNER submitted the following res: olution; which, was read, considered, and agreed to: Resolved, That the comPostOfficeand Post Roads, be instructed to inquire whether any appointments of postmasters have been made, or whether any postmasters now acting as such now hold the commissions or perform the duties of postmaster, in violation of section 26 of the act enotsittle Office and act to toprcohvaidnege mthoereoregffaencitzuaatilolyn for the settlement of the accounts thereof.” passed July 2, 1836, with authority to report by bill or otherwise. MEETING OF THE NeXT CONGRESS.
Mr. GARFIELD. I offer for action at the present time a bill to fixing the time for the meet. of the next Congress. It provides that after the expiration of the present session the next meeting of Congress shall be at noon on the 1st Monday of March next.
Mr. SCHENCK. I hope it will be ordered to be printed and made the special order for Tuesday next with my own proposition.
Mr. GARFIELD. I desire action now, and demand the previous question.
Mr. FINCK. Has it been regularly introduced?
The SPEAKER. If when introduced objection had been made that notice had not been given of its introduction, it would not have been in order.
Mr. WASHBURNE, of Illinois. will be referred.
Mr. GARFIELD. At the suggestion of several gentlemen, I move that it be referred to the ComJudiciary. The bill was read a 1st and 2nd time, ordered to be printed, and referred to the ComJudiciary. JOHN GRAY.
Mr. BINGHAM introduced a bill for the relief of John Gray; which was read a 1st and 2nd time, and referred to the ComInvalidPens. COMPENSATION OF MEMBERS.
Mr. LAWRENCE, of Ohio. I ask leave to introduce abill to repealso much of the act of Congress, approved July 28, 1866, as increases the compensation of Senators, Representatives, and Delegates in of.
Mr. SPALDING. Iobject, as proper notice has not been given.
Mr. LAWRENCE, of Ohio. I move to suspend the rules, and on that motion demand the o:&nays. The yeas&nays were not ordered. The rules were not suspended.
Mr. STEVENS. I think we had better adjourn.
The SPEAKER. The committee appointed to wait on the President has reported that he was ready to communicate with Congress today. The House refused to adjourn. IMpeAchmients.
Mr. LAWRENCE, of Ohio, submitted the I hope it following resolution; which was read, considered, and agreed to: Resolved, That the ComJudiciary be, and are hereby, instructed to inquire into the expediency of providing by general law a mode of procedure for trial of all cases of impeachment before the Senate, and that said committee report by bill EQUALIZATION OF BOUNTIES.
Mr. SCHENCK also introduced the following resolution; which was read, considered, and agreed to: Resolved. That the POTUS be respectfully requested to communicate to House, this if not in his opinion incompatible with the public interests, the information asked for in a reso: ution of this House dated the oil juno inst, and which resolution he has up to this time failed to swer, an as to whether any shas been made to him for the pardon of G. E. Pickett, who acted as a major general of the rebel forces in the late war for the suppression of insurrection, and if so, what has been the action thereon; and also to communicate copies of all papers, entries, indorsements, and other documentary evidence in relation to any pro: ceeding in connection with such application: and that he adjourn maelnsot inform this, House, whether, since the at Raleigh, NCarolina, on the 30th of March last, of the last board or court of inquiry, convened to investigate the facts attending the hang:ing of a number of U.S. soldiers for alleged desertion from the rebel army, any further measures have beentaken to bring the said Pickett or other perpetrators of that crime to punishment.
Mr. SCHENCK mtRtv the resolution was referred; upon the table. agreed to. MEXICO.
Mr. McKEE. I submit the following resolution: Resolved.That the President be requested to communicate to this House, if in patible his opinion not incomwith the public interest, any correspondence or other information in the possession of the government relative to the present condition of affairs in our sister republic of Mexico, and specially any letters of the minister at Washington.
Mr. BANKS. I hope it will be referred to the ComForAffrs. I have no doubt the information will be sent with the President's message.
Mr. McKEE. I move to suspend the rules. The rules were not suspended, and the resolution was laid over for one day. PREEMPTION LAWs.
Mr. JULIAN introduced a bill amendatory of the preemption laws, and for other purposes; which was read a 1st and 2nd time, an referred to the ComPubLands. INDEPENDENT COMPANY OF EXEMPTS.
Mr. HUBBARD, of WestVirginia, introduced a bill for the relief of Captain Robert Hamilton's independent company of exempts I of WestVirginia volunteer infantry; which was read a 1st and 2nd time, and referred to the ComMilAffrs. The call of the States and Territories having been completed,
The SPEAKer announced as the next business in order the calling of the committees for reports, beginning with the ComElections.
Mr. FARNSWORTH moved that the House adiourm. he motion was disagreed to, there being– ayes 62, noes 63. The $PEAKER proceeded with the call as far as the ComClaims.
Mr. STEVENS. I move that the House adjourn. The message has been sent all over the country.
Mr. PHELPS. On that motion I demand the yeas&nays. The yeas&nays were ordered. The Clerk proceeded to call the roll.
Skip Skip MESSAGE FROM The PRESIDENT. A message in writing was received from the POTUS by Colonel RoseRT Johnson, his Private Secretary.
Mr. STEVENS. I understand it will take over an hour to read that message. I move to Pothe reading till tomorrow.
The SPEAKER, The gentleman will 1st have to withdraw the motion to adjourn.
The SPEAKER then laid before the House the President's message.
Mr. STEVENS. I now move to postpone the reading till tomorrow. The motion was disagreed to ayes 30 4, noes not counted.
Mr. EGGLESTON. I move that the House take a recess till 3 o'clock, and then have the message read. The motion was disagreed to.
The Clerk then read the President's annual message. [The message will be published in the Appendix] During the reading of the message,
Mr. STEVENS said: We all of us have a copy of this message, and our friends who gave us notice are waiting for our reception. Now, it will take 3 quarters of an hour longer to read the message, and I move the further reading be postponed till tomorrow.
Skip Skip The question being taken, there were ayes 60, noes 50. Mr. DAWSON. nays. The yeas&nays were ordered. The question being taken, it was decided in the negative yeas 64, nays 65, not voting 71; So the motion was disagreed to. I demand the yeas and inck,
Mr. WASHBURNE, of Illinois. I move that the message and accompanying documents be referred to the ComWhole on the state of the Union, and printed, and on that I demand the previous question.
Mr. BANKS. I ask the gentleman to allow me to offer this as an amendment: Resolved, That the message, with the reports of the Secretaries of the several Depts and the papers relating to Mexican affairs, be printed for the use of the House, in forms separate from the general documents accompanying the message.
Mr. WASHBURNE, of Illinois. I think the gentleman had better refer that to the ComPrintg.
Mr. BANKS. We want a certain number of these printed separately.
Mr. WASHBURNE, of Illinois. But we certainly want them to go with the general documents.
Mr. BANKS. If the House adopts this order, the report of the SecyState and the correspondence relative to Mexican affairs will be on our tables tomorrow; if not, we may have to wait for it for some time. Extra copies can be ordered, if desirable.
Mr. WASHBURNE, of Illinois. I have no objection to that, and will accept it as a modification of my motion.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof Mr. WAshburne's motion was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the resolution was agreed to; upon the table. agreed to. LEAVE OF ABSENCE. Mr. SPALDING asked and obtained leave of absence for 4 days for Mr. TAYLOR, of Tennessee. ExTRA COPIES OF THE MESSAGE.
Mr. FINCK submitted a resolution for the printing of 50,000 extra copies of the .message and accompanying documents; which was referred under the law to the ComPrintg. And then, on motion of Mr. WASHBURNE, of Illinois, (at ten minutes before 3 o'clock p.m.,) the House adjourned.
@@@IN SENATE SENATE. TUEsday, December 4, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. on. CHARLEs R. BUCKALEw, of Pennsylvania; Hon. GEORGE READ RIDDLE, of Delaware; Hon. John B. HENDERson, of Missouri; Hon. WILLIAM M. STEwART, of Nevada; and Hon. THoMAs A. HENDRICKs, of Indiana, appeared in their seats.
Skip Skip PETITIONS. Mr. WILSON presented 2 petitions of officers of the U.S. Army praying for an increase of pay; which were ordered to lie upon the table. RECONSTRUCTION.
Mr. SUMNER. I desire to give notice that I shall tomorrow or some subsequent day ask leave to introduce resolutions declaring the true principles of reconstruction; the jurisdiction of Jongress over the whole subject; the illegality of the existing governments in the rebel States; and the exclusion of such States with such illegal governments from representation in congress, and from voting on constitutional amendments. PAPERS WITNidraw N. On motion of Mr. MORGAN, it was Qrdered, That S. P. Todd, late a purserin the U.S. Navy, haye leave to withdraw from the files of the Senate his petition and: praying for compensation for loss of clothing, &c., while on board the StLawrence. BILLS INTRODUUED. Mr. PATTERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.454) for the relief of the widow of Jacob Harmon; which was read twice by its title. Mr. PATTERSON. I desire the bill to go to the ComPensions.
The PRESIDENT protempore. It will lie on the table for the present, as the committees have not yet been appointed.
Mr. PATTERSON also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.455) for the relief of the widow of Henry Fry; which was read twice by its title and ordered to lie on the table. GOVErnment. ADWERTISING.
Mr. CRESWELL submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecyTreasury be, and heis hereby, directed to inform the Senate what amount of money has been paid or ordered to be paid since the 18th day of May, last to E.printed the several news and published in the DistCo; for advertising notices and proposalsfor each of the Executive Depts of the Government; and that he further inform the Senate of and character of the advertisements for twhehincuhmsbaeidr money was paid, and the name of every officer of the Government who approved each of the bills for said advertisements or directed the same to be paid; and also that he inform the Senate when, and in manner, what the extent of the circulation of the daily newspapers printed in, the city, of Washington or elsewhere in the DistCol was determined, and that he furnish copies of the sworn statements of the publishers of said newspapers in support of their claim to have the largest circulation. FRENCH TROOPS IN MEXICO.
Mr. CHANDLER. I now move to take up the resolution that I offered yesterday.
The PRESIDENT protempore. It will be read for information.
The Secretary read the resolution as follows: Resolved, That the President be requested to communicate to this House, if in his opinion not inconsistent with the public interest, any correspondence or other information in his possession in reg the following points: i. Whether the French Emperor has complied with his announcement toward the U.S. to with draw 1/3rd of the French troops in Mexico during the month of November last. 2. Whether any number of said French troops has been withdrawn in accordance with that announce ""whether. if, as it nppears, no troops withdrawn, have been the french Emperor has offered any explanation or apolgy for his course, or proposed whether he has a different understanding by which the withdrawal will be delayed. 4. What action, if any, the Government has taken to seethat understanding carried out.
Mr. SUMNER. Mr. President, I doubt whether it is expedient to proceed to the consideration of that resolution now. It seems to me, all things considered, that it would be advisable to refer the resolution to the ComForRel. It touches a very important question; and the Senate, even in listening to it, as they have now that it has been read from the desk, must be struck by some of the language that is employed. I do not presume now to criticise it; I do not know that the language may not be proper; but I have my doubts; and under the circumstances, it seems to me that the resolution had better lie on the table until our committees are formed, and that the resolution should then be referred to the ComForRel.
The PRESIDENT protempore. Does the Senator make a motion?
Mr. SUMNER. Under the circumstances I think it not advisable to take up the resolution. If it should be taken up, I should feel bound to move that it lie on the table until the formation of the committees, so that it might be properly considered.
Mr. CHANDLER. I hope the resolution will be taken up. It is a mere resolution of inquiry on a subject of deep interest to the country. There is nothing in it, I think, to which exception can be taken. I hope the resolution will be taken up and acted upon.
Mr. SAULSBURY. I hope the Senate of the U.S. will not adopt a resolution couched in such language. I know the honorable mover did not mean to use language that one Government ought not to present to another; but on inspection it will be found that the words he uses are such as one Government ought not to use to another; for instance, it inquires whether the Emperor of the French has offered an apology, o am satisfied that I have made my objection sufficiently to the Senate without offering another word. There is language in that resolution that I cannot vote for.
The PRESIDENT protempore. The question is, Will the Senate now proceed to the consideration of the resolution which has just been read?
Mr. SUMNER. I say again that I hope at this day the Senate will not proceed with its consideration. I have no desire to avoid a discussion of the topics in that resolution on any proper occasion. The Senate, is aware that the President at some length has stated what he has done on the matters referred to in that resolution; in short, to a certain extent he has anticipated that resolution, and he has announced to us that he will communicate or has communicated the correspondence on the subject. Under those circumstances I do not think it advisable that we should today adopt a resolution the language of which, I think, has not been carefully considered; and under the circumstances I think it advisable that it should pass under the eye of a committee of this. The motion to take up the resolution was not agreed to. POWER OF AMNESTY AND PARDON.
Mr. CHANDLER. I now move that the Senate proceed to the consideration of House bill No. 828.
The PRESIDENT protempore. The title of the bill will be f;information. The SECRETARY. “A bill to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862.”
Mr. SUMNER. Let the bill be read, so that we may see what is in it.
The Secretary read it, as follows: Be it enacted, doc., That the 13th section of an act entitled “An act to suppressinsurrection, to punish treason and rebellion, to seize and confiscate the o of rebels, and for other purposes, ”approved July 17, 1862, be, and the same is hereby, repealed.
Mr. SHERMAN. I should like to have that 13th section read.
The PRESIDENT protempore. The read:ing of the section referred to in the bill is asked for. It will be read.
The Secretary read as follows: “SEc. 13 Abife:, That the President is hereby authorized, at any time hereafter, by proclamation. to extend to personswho may have participated in the existing rebellion in any Stateor part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.”
Mr. JOHNSON. Mr. President, I have some doubts whether it was necessary in the 1st instance for Congress to pass the section which it is now proposed to repeal. The power of pardon is given by the Constitution to the Executive; and the only necessity for the ori inal act now sought to be repealed was a doubt, suppose, whether under that power the POTUS could pardon all, in the form of a general amnesty. I am not preared to say whether he could or could not do it; but it is a question that is certainly open for deliberation. If he could do it under the Constitution as it is, the original act was wholly unnecessary; but if he could not do it under the Constitution, without the authority of congress, in the form in which Congress author:ized him to do it, by a declaration of general amnesty, he could certainly issue a pardon to every one of the parties who might stand in a situation requiring to be pardoned. Over that power of course Congress has no control. Prac tically, the question is of little or no moment, I suppose; for the President has issued no general amnesty. The amnesty which he has issued is less extensive than that which was issued by his predecessor. But, at any rate, under the circumstances, I submit to the senate, as there is no occasion now for prompt action, whether it is not advisable that this bill, relating to a very important question of constitutional power, should go to some committee, either the ComJudiciary, if the senate should think that proper, or some other committee selected by o Senate. I hope that, instead of being acted on now, it will take that course; and if nobody clse makes the motion, I move, as the committees are not yet appointed, that the bill lie on the table to be referred to the ComJudiciary when that committeeshall have been appointed.
The PRESIDENT protempore. The Chair will suggest that the bill has not yet been taken up. The motion is that the Senate now proceed to its consideration.
Mr. JOHNSON. If it be taken up I shall make the motion which I have indicated.
Mr. CHANDLER. Mr. President, I think if there ever was a case when the prompt action of Congress was needed, it is this. It is alleged that 100s of millions of dollars worth of property confiscated under the law have under that section been restored by the President. The country expects us to act promptly in this case. It is alleged that pardons are for sale for money around the streets of this town by women of at least doubtful reputation, and with those pardons property has been restored to the amount of millions. Sir, if there ever was an occasion that required prompt action, in my judgment that occasion is now, and this bill is that occasion. If the President has powers under the Constitution, let him exercise them; but in God's name give him no greater power than he possesses under the Constitution, to exercise as they have been exercised for the last 12 months. I hope that the Senate will take up this bill and pass it as promptly as the HoRep did. The House suspended the rules and passed it within the hour, and the country looks to the Senate to act with as much promptness as the House. I hope, sir, there will be no delay, and no ref. erence of this bill. I hope it will be passed this morning.
The PRESIDENT protempore put the question on the motion to proceed to the consideration of the bill.
Mr. CHANDLER called for the yeas&nays, and they were ordered.
###HOUSE OF REPRESENTATIVES. TUESDAY, December 4, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved; The oRepresentatives and Delegates oin addition to those heretofore reported: p Vermont Frederick E. Woodbridge. Massachusetts John B. Alley. Connecticut Henry C. Deming. NewYork Stephen Taber, Teunis G. Ber en, Henry J. Raymond, Charles Goodyear, ohn A. Griswold, Hamilton Ward, and Theo dore M. Pomeroy. Pennsylvania M. Russell Thayer, and Myer Strouse. Illinois Burton C. Cook. Missouri–George W. Anderson. Iowa–James F. Wilson. Wisconsin Ithamar C. Sloan. Washington Territory A. A. Denny. NewMexico J. Francisco Chaves. Colorado Allen A. Bradford. QUALIFICATION OF A MEMBER.
Mr. BERGEN. My colleague, John W. HUNTER, elected to fill the vacancy occasioned by the decease of James Humphrey, is present and wishes to be sworn in.
Mr. HUNTER appeared and qualified by tak ins the prescribed oath.
Mr. SPALDING. I demand the regular order of business. comMITTEE on FREEDMEN’s AFFAIRs.
Mr. WASHBURNE, of Illinois, from the ComRules, to whom was referred the resolution introduced yesterday by Mr. ELIOT, reported back the following as an additional rule, upon the adoption of which he demanded the previous question: There shall be appointed, at the commencement of every Congress, a standing Committee on Freed Inen, to consist of 9 members, whose duty it shall be to take charge of all matters concerning freed Inen which shall be referred to them by the House.
Skip Skip maTinhe previous question was 2nded and the "Woo ordered. Mr. WASHBURNE, of Illinois. I modify the resolution so as to call the committee the Committee on Freedmen's Affairs, instead of the Committee on Freedmen. The resolution, as modified, was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the resolution was agreed t;o upon the table. agreed to. PROVOST MARSiiAI, GENLFRY.
Mr. ECKLEY, by unanimous consent, with drew the following preamble and resolution offered on the 23d of July, 1866: Whereas, on the 30thof April, a letter, purporting to be written by GenlFry, was read in this House, together with sundry, documents accompanying it. which letter wasgrossly libelous, and reflected upon the public and private character of a member; and whereas the House having ordered an inquiry as to said letter and its truth or falsity; and whereas, for that purpose, a select committee was raised, which committee has ascertained and reported said letter to have been false and malicious: Therefore, Resolved, That the ComJudiciary be, instructed to inquire and report whether any breach of the privileges of the House not sufficiently reported upon by said select committee has been committed in connection with writing or sending said letter, the documents accompanying the same, or the introduction thereof into the House, or causing the same to be read in the HOuse, or entered upon the record of the House, or making the same public; and if so, by whom, and what action, if any, should be taken; and that said committee also inquire and report whether the said libel has beenrepublished or renewedby the said GenlFry, or any other person since the termination of the session of said committee; and if so, by whom, and whether any or what action ought to be had thereon; and that said committee have power to send for persons and papers. INDIAN hostilities.
The SPEAKER laid before the House a communication from the SecyWar, in reply to a resolution of the House of June 7, 1866, transmitting reports of the QuarterMGen, the PayMGen, and the Commissary General, as to the amounts expended in suppressing Indian hostilities dur:ing the years 1864 and 1865; which was laid upon the table and ordered to be printed. REPORT ON THE CURRENCY.
The SPEAKER also laid before the House the report of the Comptroller of the Currency; which was referred to the ComBanking and the Currency, and ordered to be printed. CURRENCY.
The SPEAKER stated as the regular order of business, the consideration, as a special order, of bill of the House No. 771, to amend an act entitled “An act to provide a national currency, secured by a pledge of U.S. bonds, and to provide for the circulation and redemption thereof, and for other purposes.”
Mr. HOOPER, of Massachusetts. I move to recommit the bill to the ComBanking&Currency. There was a good deal of discussion on this bill at the last session, and recommendations have since been made by the Treasury Dept and by the Currency Bureau which will affect the bill. I therefore move that the bill be recommitted, and on that motion I ask the previous question.
Mr. o, of Pennsylvania. Is it in order for me to say a few words in dissent of that proposition? The on. It is not, pending the call for the previous question.
Mr. RANDALL, of Pennsylvania. I ask the Gentfrom Massachusetts [Mr. Hooper] to withdraw his call for the previous question, with the understanding that I will renew it in after I have stated to the House my reasons opposition to the motion to recommit this bill.
Mr. HOOPER, of Massachusetts. I will withdraw the call for the previous question with that understanding.
Mr. RANDALL,; Pennsylvania. Mr. Speaker, this bill occupied the attention of the comBanking&Currency during nearly 6 months of the last session of congress. I fear that if it is recommitted now it will not receive, during this short session, that consideration which its present status upon the files of the House will be likely to secure it. I think we are as competent to consider in the House the recommendations made by the SecyTreasury in his report in connection with this bill as the ComBanking an.d.Cu.rrency will be. fearing that the reforms which the bill, as reported at the last session, would accomplish in the banking system of the country may not be enacted into a law if it is now recommitted, I trust the House will not adopt the motion of the Gentfrom Massachusetts. If the gentleman is not ready to proceed with the consideration of the bill at this time, let it be postponed to some definite day, a week or ten days hence, when the subject can have full and fair consideration. I hope, therefore, the motion of the Gentfrom Massachusetts will not prevail, but that the House will postpone the subject to some future day. I now renew the demand for the previous question.
Mr. HOOPER, of Massachusetts. In order, if possible, to meet the views of the Gentfrom Pennsylvania, [Mr. RANDALL] I will modify my motion by adding to it that the committee have leave to report at any time.
The SPEAKER. That will require unani.mous consent, as the rules cannot be suspended on this day.
Mr. INGERSOLL. I call for the reading of the bill.
Mr. WASHBURNE, of Illinois., Let the bill be read that we may know what it is.
Mr. HOOPER, of Massachusetts. Why should the time of the House be taken up by reading this bill? It is a very long one, cov ering some 20 printed pages. The Clerk commenced the reading of the bill, but before concluding, Mr. ASHLEY, of Ohio, moved to dispense with the further reading.
The SPEAKER. at will require unani Ine us consent.
Mr. WASHBURNE, of Jlline is. I object. The Clerk resumed the reading of the bill, but before concluding,
Mr. HOOPER, of Massachusetts, said: I ask that by unanimous consent the further reading of the bill be dispensed with, in order that I may move that the bill be postponed until the 3rd Tuesday of December, and made the special order for that day after the morning hour. Upon consultation with several of my colleagues upon the Committee on Bankin and Currency, I find that such a disposition. the subject will be satisfactory. No objection was made; and the further oins of the bill was accordingly dispensed with. The bill was then postponed until Tuesday, the 18th instant, and made the special order for that day after the morning hour. CALL OF COMMITTEES.
The SPEAKER. The morning hour has now commenced. The 1st business in order is the calling of committees for reports, commencing with the ComCommerce, where the call rested on yesterday. PENNSYLVANIA JUDICIAL DISTRICTS.
Mr. WILLIAMS, from the ComJudiciary, reported back, with a recommendation that it do not pass, House bill No. 65, to create the northern judicial district of Pennsylvania, and moved that the same be laid upon the table. The motion was agreed to. CLAIMS AGAINST THE GOVERNMENT.
Mr. WILLIAMS, from the same committee, also reported back, with a recommendation that it do not pass, House bili No. 576, to authorize the employment of additional counsel in cases of claims depending against the government of the U.S., and moved that the same be laid on the table. The motion was agreed to. FORFEITURE OF REAL ESTATE.
Mr. WILLIAMS, from the same committee, also reported back, with a recommendation that it a not pass, House JtResolution No. 12, to repeal a portion of the JtResolution explanatory of an act to suppress insurrection, to punish treason and rebellion, to seize and do.property of rebels, and for other purposes, approved July 17, 1862, and moved that the same be laid upon the table. The bill was laid upon the table, and the report, accompanying it was ordered to be printed. NATIONAL CURRENCY.
Mr. YILLIAMS, from the same committee, reported back, with a recommendation that it pass, a bill?. R. No. 560) entitled “An act to amend an act entitled ‘An act to provide a national currency secured by pledge of U.S. bonds, and to provide for the circulation and redemption thereof.’”
The SPEAKER. As this bill comes up for consideration now, it will be reported at length.
Mr. STEVENS. I suggest to my friendfrom Pennsylvania [Mr. WiLLIAMs] that it is unnecessary to have this bill read now. Let it be postponed till some early day.
Mr. WILLIAMS., Very well. I move that the bill be postponed until Thursday of next week, after the morning hour, be made a special order for that time, and from day to day until disposed of. The motion was agreed to.
Mr. PRICE. I move that the bill be ordered to be printed. The motion was agreed to. CIVIL SERVICE OF THE U.S.
Mr. JENCKES, from the select committee on the civil service of the U.S., reported back a bill (H.R.No. 673) entitled “An act to regulate the civil service of the U.S., and to promote the efficiency thereof;” which was read a 1st and 2nd time, and, on motion of Mr. JENCKES, ordered to be printed, and recommitted. CALL OF STATES.
The SPEAKER proceeded, as the next business in order, to call the States and territories, in inverse order, for the introduction of resolutions and of bills on leave. soldiens' Bounties PAY of MEMBERs.
Mr. COBB submitted the following resolution, on which he demanded the previous question: Whereas sections 12, 13, 14, 15, and 16 of the act making appropriations for sundry civil expenses of the Government for the year ending June 30, 1867, and for other purposes, approved July 28, 1866, which sections of said act provide for the payment of an additional bounty to certain soldiers of the Union Army, were prepared and passed in greathaste, and without dueexamination or consideration by the members of either House of Congress, by reason of which the said sectionsare believed to, but illy express the will of Congress, are partial in their application, and, fall far short of equalization an of bounties; and whereas sections17 and 18 of said act, providing for an increase of the pay of members of Congress, were attached to said bill, and adopted in great haste in the closing hours of the session, receiving but a majority bare of votes in a yery, thin House, and being believed to be of questionable propriety as well in substance as in form: Therefore, Resolved, 1st, that the ComMilAffrs be, and they are hereby, instructed to inquire into the expediency of so amending said act as to provide for the payment of an additional bounty to all soldiers of the late volunteer forces of the U.S. who served faithfully in the late war, have been honorably discharged, and have not received nor are entitled to receive more than $100 bounty under previous laws; also of amending said act so that the soldier shall not be deprived of its benefits by reason of the accidental loss or destruction of his certificate of honorable discharge without fault on his part, and that the committee: report by bill or otherwise, Provided 2nd, that the ComJudiciary be, and they are hereby, instructed to inquire into the expediency of repealing so much of said act as provides for an increase of the pay of members of Congress, and that they report by bill or otherwise.
Skip Skip The previous question was 2nded and the main question ordered; and under the opera.tion thereof the resolution was agreed to. Mr. COBB mtRtv the resolution was agreed t;o on the table. agreed to. DESERTIONS OF DRAFTED MEN.
Mr. PAINE submitted the following resolution, on which he demanded the previous question: Resolved. That the SecyWar be directed to communicate to this House the names of who, having been duly enrolled and drafteadll ipnetorstohnes military and naval service of the U.S., failed to draft, showing report, to the proper authorities under such the districts and sub districts in which they were severally enrolled and drafted; also, the names of all persons who, under the provisions of the 2 1st section of the act entitled “An act to amend the several acts heretofore passed to provide for enrolling and calling out the national forces, and for, other purposes, ” approved March 3, 1865, forfeited their rights of citizenship and their right to become citizens, and became foreverincapable of holding any office of trust or profit under the U.S., or of exercising any right of citizens thereof, by desertion from the military or naval service, showing the residence, and the company and regiment or ship of each deserter,
The SPEAKER. This being a call for executive information, unanimous consent is neces. sary for its consideration on this day.
Mr. ANCONA. I object to its consideration now. Let it lie over.
The SPEAKER. Objection being made to its consideration, the resolution lies over under the rule. interNAL TAXATION.
Mr. PRICE introduced a bill to amend an act entitled “An act to reduce internal taxa.tion, ” &c., approved July 13, 1866; which was read a 1st and 2nd time, and referred to the ComWays&Means. MICHIGAN harbolts.
Mr. FERRY submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComCommerce be instructed to inquire into the expediency of making of or such harbors on the western coast of the State of Michigan as have been surveyed by the General Government the current year, upon official report and estimates by the engineer dept of they report the baymboiullnotsrroetqhueirswiteise for the same, and that CONGRESS AND THE PRESIDENT.
Mr. INGERSOLL. I submit the following resolution: Resolved, That the POTUS is hereby respectfully requested to inform this House, if in his opinion not incompatible with the public interest, how near. the verge of presentbody the Government the called a Congress is at present; and if it is not nearer the center then heformerly supposed.
Skip Skip Mr. ELDRIDGE demanded the yeas&nays on the adoption of the resolution. The House divided; and there were ayes 20. Mr. LeBLOND called for tellers. Tellers were not ordered; and the yeas&nays were not ordered. The resolution was then rejected. RESPONSE TO Tile PRESIDENT.
Mr. WENTWORTH submitted the following resolution, and demanded the previous question on its adoption: Resolved. In response to that portion of the President's message which relates to that claimed those communities to bethe confederate Statesof America. that this House find in the many acts of disloyalty that have transpired in those communities since its last, adjournment, as well as in the recent elections in the loyal States, additional reasons for insisting on the adoption of the pending constitutional amendment before it will consider the propriety of giving them congressional representation.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ANCONA moved the resolution be laid upon the table.Mr. FINCK demanded the yeas&nays. The yeas&nays were ordered. H
Skip Skip The question was taken; and it was decided in the negative–yeas 32, nays 119, not voting 40;. So the resolution was not laid upon the table. The resolution was then adopted. Mr. WENTWORTH mtRtv the resolution was adopted; laid upon the table. e latter motion was agreed to. JAMES T. POLLOCK.
Mr. ORTH introduced a bill for the relief of the sureties of James T. Pollock, late receiver at Crawfordsville, Indiana; which was read a 1st and 2nd time, and referred to the ComClaims. GOVERNMENT OF MEXICO.
Mr. ORTH offered the following resolution: Resolved. That the President be requested to bom publicatetetoretsht, is any House orirfenspootnindceonmceptible with the or other information in his possession relative to the attempt of Santa Anna and Qrtega, to organize armed expedition showing the U.S. for the purpose of the national government of the republic of Mexico. infTohremarteisoonlu,tion being a call, for executive was considered by unanimous consen and agreed to. PAY OF A MEMBER
Mr. FARQUHAR offered the following resolution, and demanded the previous question thereon:. Resolved, That the Sergeant at Arms be, and he is hereby, ordered to allow, on settlement of the account of Hon. HENRY D. Washinman, the same pay al other members of the IXcuse, deducting therefrom the amount of his pay and allowances receivedfrom the Government while in the military service, from the 3d of March, 1865, to the date of his discharge.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. FARQUEIAR mtRtv the resolution was agreed to; on the table. agreed to. EQUALIZATION OF BOUNTIES.
Mr. JULIAN introduced a bill to equalize the bounties to soldiers and sailors who served in the Army and Navy of the U.S. during the late rebellion; which was read a 1st and 2nd time, and referred to the ComMilAffrs. liarboit improvementS.
Mr. SPALDING introduced a bill for the protection of Government piers, breakwaters, and other harbor improvements; which was read a 1st and 2nd time, and referred to the ComCommerce. RUFUS C. SPALDING, Mr. SPALDING introduced a bill for the relief of Rufus C. Spalding, paymaster in the U.S. Navy; which was read a 1st and 2nd time, and referred to the ComNavAffrs. NAVY YARD AT CLEVELAND.
Mr. SPALDING introduced a bill to provide for a navy yard and naval station for the upper lakes, at Cleveland; which was read a 1st and 2nd time, and referred to the ComNavAffrs. COLUMBUS L. LANCASTER. On motion of Mr. SCHENCK, by unanimous consent, leave was granted to withdraw the papers of Columbus f. Lancaster, asking compensation for certain slaves, in order that the same may be used before the commission created under the law on the subject. PAY OF MEMBERS.
Mr. LAWRENCE, of Ohio, introduced a bill to repeal so much of the act of Congress approved July 28, 1866, as increases the com: ensation of Senators, Representatives, and?.in Congress; which was read a 1st and 2nd time, and referred to the ComJudiciary.
Mr. SCHENCK introduced the following as an amendment to the foregoing bill; which was referred to the same committee: And all paymentsmade to membersof Congressin accordance with the aforesaid clause so repealed, shall be returned by the parties who received, the spaamide to the proper disbursing officers, to be by them into the Treasury of the U.S.; and no member who has not already, drawn such additional shall receive the same. MILEAGF: OF MEMBERS.
Mr. LAWRENCE, of Ohio, introduced a bill to reduce the mileage of members of Congress; which was read a 1st and 2nd time, and referred to the ComJudiciary. TERRITORIAL GOVERNMENTS FOR THE SOUTH.
Mr. BROOMALL offered the following res. olution, and demanded the previous question thereon: Resolved, That the ComTerritor bein structed to inquire into the expediency of reporting a bill proyiding territorial governments, for the soy eral districts of country within the jurisdiction of the U.S., formerly occupied by the once existing States of Virginia, NCarolina, SCarolina, Georgia, Florida, Mississippi, Alabama, Louisiana, Arkansas, and Texas, and giving to all adult, male inhabitants, born within the limits of the U.S., or duly, naturalized, and not participants in tshuechlatteerrirteobrieallliogno, vfeurlnl manednts equal political rights in
Skip Skip The previous question was 2nded and the main question ordered. Mr. SPALDING and Mr. NIBLACK demanded the yeas&nays. The yeas did nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 107, nays 37, not voting 47; So the resolution was agreed to. Mr. ASHLEY, of Ohio, mtRtv the resolution was adopted; upon the table. agreed to. ComReconstruction.
Mr. STEVENS. I offer the following concurrent resolution, upon which I demand the previous question: Resolved, (the Senate concurring.) That the JtCommee of 15 on reconstruction o during the last session of Congress shall be reappointed under the same rules and regulations asthen existed, and that all the documents and resolutions which were referred then be now considered as referred to them anew.
Mr. BINGHAM. I desire to know whether under the rules of the House that committee does not continue until the close of the congress?
The SPEAKER. It does not; a joint select committee expires with the session.
Skip Skip The previous question was 2nded and tahdeoptmioanin oqfuestion ordered, being upon the the resolution. Mr. ELDRIDGE demanded the yeas&nays on the adoption of the resolution, ar, d tellers on the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. The resolution was agreed to. Mr. STEVENS mtRtv the resolution was adopted; and also moved to lay the motion to reconside: upon the table. agreed to. RAILIROADS.
Mr. STEVENS submitted the following res. olution; which was read, considered, and agreed to: Resolved, That a committee of 5 be fo. to examine into and report to the HoRep at the next session of Congress the past, and present relations cxisting between the Federal government and the railroads in States lately in rebel: lion, the amount. of money expended by U.S. authorities in constructing, repairing; equip ping, and managing said roads, the amount of money each of said railroad was owing to the Government, and all other facts that may be of deemed o in they connection with the subject; and shall also report what, in their opinion, would by the proper course to be taken by the Government ii, regard to committeesuschharlal iblreoaadustohrorriazeilrdoated sceonmd pafonrieps.ersTohnes and papers, and when thought necessary by them, employ a clerk, and may repert progress at any Ine. APPOINTMENT OF POSTMASTERS.
Mr. DRIGGS. I ask leave, not having been in my seat when my State was called, to offer the following resolution: Resolved, That the PostMGenl be, and, is hereby, requested to communicate to following the House the information: 1. The number and names of all postmasters in each of adjournmtheenSt States that have been removed since the of the last session of Congress. 2. The reasons in the case of each officer so removed. 3. The names of all new appointees. 4. Whether the salaries of any or all, of th9, new appointees have been increased over that of predecessors, their and if so, to what extent in each case, and for what reasons, and to will amount what sumssuchincrease in the aggregate.
Mr. ANCONA. That resolution is a call for executive information. I ask that it lie over for one day.
The SPEAKER. The resolution will lie over.
Mr. DRIGGS. Cannot The SPEAKer entertain a motion to suspend the rules? "
The SPEAKER. A motion to suspend the rules is only in order on Mondays. The resolution will probably come up tomorrow or the day after. APPOINTMENTS TO OFFICE.
Mr. MYERS. I offer the following preamble and resolution, upon which I demand the previous question: Whereas, States, under the Constitution of the U.S. the POTUS has power to appoint officers of the U.S., whose apintments are establishedby law, only by and with he advice and consent of the S?nate, cxcept ten porarily to fill up vacancies that may happen in the rMeacgeissst of the Senate; and whereas the present Chief is alleged, has, in numerous instances, failed to nominate such officersto the Senatefor such advice and consentuntil its sessionhad nearly closed, and then after rejection, reappointed them or desig innagted others for their piaces, thus virtually exercis the sole. of appointment; and whereas in numerous other instances he has, it is go alleged, apmen to office and allowed a session of the Senate to elapsewithout sending in Qonfirmation; their namesfor and whereas he has also, it is alleged, in numerousinstances, during the recess of ate, made appointments the sento officewhere no vacancies had happened or existed: Be it resolved, That the POTUS be, and he is hereby, requested to communicate to this House at as early a day as possible, The names of all persons reappointed by himber rejection by the Senate, or the names of appointed others in their stead with a designation of the offices to which they were so appointed and the dates of their several appointments, and of their nominations to the Senate. 2. A like, list and designation of go all persons apby him whose names were withheld from the Senate during its sessions. 3., A, like list, and designation of all appointments made by him during the recessof the Senato where no vacancy had happened, and if to fill vacancies, then a complete statement of how such vacancies occurred.
Mr. BOYER. I object to the introduction of that resolution at the present time.
The SPEAKER. The Gentfrom Penn.[Mr. MYERs] has a right to introduce the resolution under the call of States.
Mr. ANCONA. Is it not a call for executive information?
The SPEAKER. It is; and if any gentleman objects to its consideration now, it must lie over under the rule.
The SPEAKER. Objection being made, the resolution lies over under the rule. DELEGATE FROM THE DISTCOL.
Mr. DARLING introduced a bill to provide for the election of a Delegate in Congress from the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. FRAUDS ON THE REVENUE.
Mr. DARLING also submitted the ; preamble and resolution, upon which he call the previous question: Whereas it is publicly alleged that greatfrauds are daily practiced in the payment and collection of the internalrevenue, on cigars, involving distilled spirits, tobacco, and the integrity and fidelity of the revenue officers of the Government: Therefore, Resolved,That a select, committee of fiye be appointed to investigate and report to this House the facts as to any frauds or evasions in the payment of internal duties, and as to the terms of compromise or settlement in any cases of underpayment or alleged fraud of any parties concerned in of the manufacture distilled spirits, tobacco, or cigars, and of any in pector or other internalrevenue officer who, may have had any connection, official or otherwise, there with, with power to sendfor personsand papers.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the preamble and resolution were agreed to. DISTRICT JUDGE OF CONNECTICUT.
Mr. WARNER submitted the following resolution; which was referred to the ComJudiciary: Resolved, That the salary of the judge for the district of Connecticut be increased to thesum of $4,000, instead of the sum now allowed by law. SoLDIERs' AND sailors' orphans' Home.
Mr. BANKS introduced a bill to amend an act to incorporate the National Soldiers' and Sailors' Orphans' Home; which was read a 1st and 2nd time, referred to the ComDistCol, and ordered to be printed. Frihen D. A. BRAINARD.
Mr. WOODBRIDGEintroduced a bill for the relief of Friend A. Brainard: which was read a 1st and 2nd time, and referred to the ComClaims. TAX ON COTTON.
Mr. BLAINE submitted the following resolution, upon which he called the previous question: Resolved, That the ComWays&Means be instructed to inquire whether the agricultural, commercial, and manufacturing interests of try the counwould not be promoted by the repeal of the tax on cotton.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Court OF CLAIMs.
Mr. RICE, of Maine, introduced a bill conferring jurisdiction upon the Court of Claims in certain cases; which was read a 1st and 2nd time by its title.
Mr. WASHBURNE, of Illinois. I would like to hear that bill read at length. The bill was read at length. It confers upon the Court of Claims jurisdiction to hear and determine all claims against the U.S. arising under the grant of land reservations by the 8th article of.i. the treaty between the States and the Cherokee Indians, of January 8, 1817, and the 2nd section of the treaty between the U.S and the Cher okee Indians, of February 27, 1819; and that so much of the 9th and 10th sections of an act approved March 3, 1863, entitled “An act to amend an act to establish a court for the investigation of claims against the U.S., approved February 24, 1855, ” as is inconsistent herewith, be, and the same are hereby, repealed.
Mr. WASHBURNE, of Illinois. I would inquire, what is the object of this bill?
Mr. RICE, of Maine. I have introduced the bill at this time merely for the purpose of hav.ing it referred to Sf. WASHBURtNhEe, appropriate committee. of Illinois. It should go to the ComJudiciary.
Mr. RICE, of Maine. I have no objection. The bill was accordingly referred to the ComJudiciary. Mexico.
The SPEAKER. The call of States for resolutions and bills on leave having been concluded, the next business in order is the consideration of a resolution calling for executive information, offered on yesterday by the Gentfrom Kentucky, [Mr. McKEE], and laid over one day under the rule. The resolution was read as follows: Iresolved, That the President be requested to municate comto this House, if in his opinion not incompatible with the public interest, any correspondence or other information in the possession of the government relative to the present condition of affairs in our sister republic of Mexico, and specially, any letters of the minister at Washington from said republic, and the French minister, relating thereto.
Mr. McKEE., I call for the previous question upon agreeing to the resolution.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. McKEE mtRtv the resolution was agreed to; upon the table. agreed to. CALIFORNIA RAILROAD GRANT.
The SPEAKER. The next business in order is the consideration of Senate bill No. 133, granting lands to aid in the construction of a railroad and.line from the waters of the bay of SanFrancisco to Humboldt bay, in the State of California, which, at. the last session, postponed till today after the morning out.
Mr. BIDWELL. I move the further consideration of this bill be postponed till 2 weeks from today, after the morning hour, and that it be made the special order : that day.
Mr. WASHBURNE, of Illinois. I object to this bill being made a special order; I have no objection to the postponement indicated.
Mr. BIDWELL, I will withdraw that part of my motion which proposes to make this bill a special order. I move that its further consideration be postponed till Tuesday, the 18th instant, after the morning hour. The motion was agreed to. PERSONAL ExplanATION.
Mr. BOUTWELL. I ask consent of the House to make a statement in regard to a matter which has a personal reference to myself.
The SPEAKER. Is there any objection to the Gentfrom Massachusetts [Mr. Bout well] making a personal explanation? There was no objection.
Mr. SCHENCK, by unanimous consent, introduced a JtResolution to appoint 2 managers for the National Asylum for Disa bledVolunteer Soldiers, to fill certain vacan cies;which was read a 1st and 2nd time.
Mr. SCHENCK. I desire that this resolutionmay be considered at the present time, as it as I matter of immediate importance. the JtResolution was read at length. It providesthat Erastus E. Wolcott, of the State of Wisconsin, be appointed a manager of the NationalAsylum; Disabled Volunteer soldiers, to fill the vacancy occasioned by the death of George H. Walker, of the 3rd class of managers, for the term which expires on the 21stday of April, 1868; and that John S. Cavender, of the State of Missouri, be appointed a manager, to fill the vacancy occasioned by the resignation of P. Joseph Osterhaus, of the 2nd class of managers, for the term which expires on the 21st day of April, 1870.
Skip Skip The JtResolution was orderengrossand read a 3rd time; and bein engrossed, it was accordingly read the thir timeand passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. agreed to. MUSTER OUT ROLLS.
Mr. BLAINE submitted the following resolution; which was referred to the ComMilAffrs: Resolved That the SecyWar be, and is herebyin, structed to furnish, on the applieation of the adjutantgeneral of any State, certified copies of he muster outrolls of any organization of volunteers from said State serving in the late war for the suppression of the rebellion, on the representation of adjutant general said that such muster out rolls have not beenreturnedby U.S. mustering officers to his dept. And then, on motion of Mr. WASHBURNE, of Illinois, (at 5 minutes to 2 o'clock p. m.) the House adjourned.
PETITIONs, Etc. ruTleh, eafnodllroewfeinrrgedpetotittiohnes were presented under the oo committees: EGGLESTON: The petition of 65 citizens of the city of Cincinnati, who are engaged in ufaeturingcigars, praying for man a eigars. uniform tax on By Mr. ORTH: The memorial of Robert C. o, Greg W. S. Galey, and H. Crawford, praying for relief assuretiesof jo.T. Pollock.
@@@IN SENATE SENATE. Wednesday, December 5, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. e Journal of yesterday was read and approved. bill, INTRODUCED.
Mr. WADE asked, and by unanimous consent obtained, leave to jo a bill (S.No.456)for the admission of the State of Nebraska. the Union; which was read twice by its title.
Mr. WADE. I move that that bill lie on the table for a moment until the committees are appointed.
The PRESIDENT protempore. That order will be entered if there be no objection. The bill was subsequently taken up, and referred to the ComTerritor. Teleg RAPHIC REPORTS.
Mr. SHERMAN. I offer the following resolution: Resolved That the Sergeant at Arms be directed to provideseats on the floor of the Sonate for the accommodation of one reporter for the NewYork Associated Press and one reporter for the U.S and European News Association. I will say a word in regard to this resolution. There were some complaints made at the last session of the reports of the proceedings of the Senate by the Associated Press. Since that time 2 associations have been formed, one reporting for the NewYork press, and one for the western press, and perhaps a portion of the NewEngland papers. The gentlemen who report for these associations say that it is impossible for them to hear in the gallery the proceedings of the Senate, and that it is especially difficult for them to hear what is said by the Presiding Officer of the Senate. I think, myself, that this would be a wise disposition of the matter, to allow these 2 representatives of semi official associations seats on the floor wherever it will be convenient for them and convenient for the Senate, and will probably enable them to make more accurate reports. If any Senator desires it, I have no objection to the resolution being referred, but I suppose it is a matter that every one is familiar with, and I therefore ask for the present consideration of the resolution.
The PRESIDENT protempore. Is the present consideration of the resolution offered K. the Senfrom Ohio objected t?o
Mr. CONNESS. I hope no action will be taken at present upon this resolution –
The PRESIDENT protempore. The Chair asks the Senate if there is any objection to the present consideration of the resolution.
Mr. CONNESS. I desire to add a few words.
The PRESIDENT protempore. The Chair will understand, then, that there is no objection to the present consideration of the resolution.
Mr. CONNESS. I rise to offer an objection, desiring to add a few words.
Mr. SHERMAN, [to Mr. CoNNEss] It can be taken up and then put over after you have said your few words, if you desire.
Mr. CONNESS. Very well; let it lie over.
Mr. SHERMAN. The Senator does not understand me as objecting to his making any remarks.
Mr. CONNESS. I understood the objection rather to come from the Chair.
Mr. SHERMAN. No. I think there would be no objection to the consideration of the resolution; but if the Senator desires further time, I have no objection to its going over, being committed, or taking any other course which he deems best.
The PRESIDENT protempore The Chair, of course, decides no question about objections to the resolution. The Chair simply asked of the Senate if there were objections to the present consideration of the resolution. Hearing none, the Chair says there is no objection.
Mr. CONNESS. Mr. President, I rise simply to say, that for one I have no objection to such an arrangement in the Senate as shall give what I have heretofore called a true reflex of the proceedings of this body to the country. That is my desire as a Senator here; but m experience in that respect demands that should now say that before that is done, or in connection with doing it, the Senate should take care that when the privilege of seats on the floor of this body is to be conceded or given to reporters, they shall have it connected with such regulations or control by this body as shall secure true reports. It is true that it is inconvenient to the reporters in the Senate gallery, and that they cannot always distinguish clearly there what is said in the Senate; but I incline to think that a disposition foreign to the question of the capacity to understand the proceedings of the Senate has governed in the case of reporting. I prefer at present that the matter should lie over, and let the resolution go to the ComPrintg when the committees shall have been organized.
Mr. SHERMAN. I have no objection to letting it lie on the table. I will call it up tomorrow.
The PRESIDENT protempore. This resolution will be laid on the table, at the instance of the mover. STANDING COMMITTEES.
Mr. ANTHONY. I move that the Senate proceed to the election of the standing committees of the body. The motion was agreed to.
Mr. ANTHONY. I ask unanimous consent to suspend the rule which requires that the committees be elected by ballot.
The PRESIDENT protempore. The Senfrom RhdIsland asks that the rule requiring the committees to be elected by ballot may be waived at the present time. Is there any objection? No objection being made, the rule will be considered waived.
Mr. ANTHONY. I offer a list of nominations for the several committees,
The PRESIDENT protempore. The resolution embodying the names of the gentlemen to compose the standing committees will now be read for the information of the Senate.
The PRESIDENT protempore. The question is on the passage of the resolution as just read. The resolution was adopted. RESTORATION OF CONFISCATED PROPERTY.
Mr. WILLIAMS submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the JtCommee onment be instructed retrench to make inquiry as to the power of the President to restoreproperty confiscatedunder the laws of the U.S. to its original owners, or, if such power exists, to what extent it can right fully be exercised under existing laws; and also to make inquiry into the power of the SecyTreasury to deliver to private claimants therefor, without judicial proceedings, property, or the proceedsof property, seized by the U.S. as cap tured or abandoned during, lion, or since the late rebel and report by bill or otherwise. CHARLES CLAIRR.
Mr. FESSENDEN. I desire to introduce a JtResolution for the relief of Charles Clark, marshal of the U.S. for the district of Maine. The resolution is to authorize the SecyInterior to allow, in the settlement and adjustment of Mr. Clark's accounts, for a sum of money that was burnt and destroyed in the safe in the marshafs office at Portland during the great fire there. I should like to call the attention particularly of the ComJudiciary to it. I propose to refer it to that committee, as it relates to money connected with the judicial dept of the Government. I move that it be referred to the ComJudiciary. There being no objection, leave was granted to introduce a JtResolution (S.R.No. 146) for the relief of Charles Clark, marshal of the U.S. for the district of Maine; which was read twice by its title, and referred to the ComJudiciary. POWER OF AMNESTY AND PARDON.
Mr. TRUMBULL. I move now to take from the table House bill No. 828, to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862. The motion was agreed to; and the bill was read twice by its title.
The PRESIDENT protempore. The bill is before the Senate as in ComWhole.
Mr. TRUMBULL. I move that it be referred to the ComJudiciary.
Mr. CHANDLER. I hope the bill will not be referred to that committee or any other. The bill is very simple indeed, and very brief. The section proposed to be repealed is in these words: “SEC. 13. Abife:, That the President is hereby authorized at any time hereafter, by proclamation, to extend to persons who may have participated in the existing rebellion in any State or F. thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.” The repeal of that section simply takes away all power of amnesty and pardon from the President except what he possesses under the Constitution. The HoRep by the very decided vote of 111 to 39 suspended the rules and passed the bill in the 1st half hour of their session. If there is any member of this body who does not understand just what that 13th section means, I advise him to get adictionary and attempt to comprehend it, after taking a small edition of Webster; that will be large enough. It simply takes from the President all power of amnesty and pardon except what the Constitution gives him. If he has the power of pardon before conviction, under the Constitution, it leaves it there. If he can only pardon after conviction, it leaves it there. It leaves the President with the powers that the Constitution gives him, no more and no less. The country understands this question, and I believe every member of the Senate understands it, and I nays shall ask for the yeas and on the reference.
Mr. DOOLITTLE. I do not rise to take part in this discussion on the subject of the reference of this measure, although I concur in the views which were expressed yesterday. the honorable Senfrom Illinois, [Mr. RUMBULL] I simply rise to say that I sup: pose by some inadvertence, whoever reported the debate of yesterday, not for the Globe, but for one of the newspapers published in this city, has fallen evidently into a mistake and has stated that I took part in the discussion. Isuppose the reporter mistook my colleague for myself. I have no doubt it was. for Senator Howe, my colleague from Wis. consin, because I took no part in the discus:sion. It is but just to myself that I should say that I concur in the opinion which was expressed by the Senfrom Illinois as to the propriety of referring so important a question as this to some committee of the body.
Mr. CHANDLER. Mr. President, it is a notorious fact, as notorious as the records of a court, that pardons have been for sale around this town, for sale by women, and more than one woman. The records of your court in the DistCol show this. Any Senator who desires that disgraceful business to go on of course desires that this clause shall remain; any Senator who desires to stop that disgraceful business, desires that the clause shall be instantly repealed. This is a matter of public record, a matter that every man knows who has read the newspapers, or examined the records of your courts, and I have it from one of the judges of the court of this District that such is the fact. No nation was ever so disgraced as this nation has been by this public sale of pardons, and that under the clause of the law which I have read to this body. Of course the bill is in the hands of the senate. If they desire to send it to a committee and delay the repeal of that clause, let them send it to a committee or let them lay it on the table, or let them refuse to vote at all upon it. I want to see it pass. I want this disgraceful business stopped, and stopped here and now. I deny that I have any more excitement than I ought to have when such an outrage as this is being perpetrated under my eyes and under the eyes of every member of this body. I hope the Senate will not send it to any committee, but will pass it with the same promptitude that it was passed by the HoRep.
Mr. HENDERSON. Even where a suit had been commenced for the confiscation of property, if there had been no judgment of confiscation, the Senator held that the property reverted to the individual after pardon. In other words, that all the rights which had not been taken entirely from the individual by a decree of a court resulted back to him as a necessary consequence of the pardon. That is a very important question to be considered, and I think that the proper place for this bill is the ComJudiciary. I desire that this question shall be settled oy that very learned committee. It is the proper place for the bill to go, and I really do not see the necessity of immediate action in the prem ises unless there be fear upon the part of the Senate that the President designs issuing a proclamation of amnesty to all the southern rebels. I have not heard any intimation of that sort, and I apprehend that he does not design anything of that character; perhaps he does not design to enlarge the privileges of pardon beyond what is contained in his ann nesty proclamation of May, 1865. I apprehend not; but if there be any fears of that it might be well for the Senate so to say, and then I might change my course in regard to the present consideration of the bill; but otherwise am clearly of the opinion that this bill ought to go to the ComJudiciary. It is a very important question, and one that cannot be disposed of by reference to the dictionaries. It involves some of the nicest political and legal questions, and I assure the Senfrom Michigan that many difficulties will not be gotten rid of by the mere passage of this bill. I think, therefore, that the proper course is to refer it and let it be properly considered.
Mr. CHANDLER. simply stated what was on the records of a court in sworn testimony. The charge has been established before a court. My information is derived from one of the judges of the court before which the case was tried. The records of the court show it, and therefore I called attention to the facts. Bit now, sir, as it seems to be the wish of the Senate that the bill should be referred to the ComJudiciary, I desire to withdraw my call for the yeas&nays.
The PRESIDENT protempore. The call for the yeas,&nays having been ordered, it can be withdrawn only by the unanimous consent of the Senate: Is there any objection? [“None.”] No objection being made, the call is withdrawn..of such a measure.
Skip Skip MESSAGE FROM The HOUSE. A message from the HoRep, by Mr. McPERson, its Clerk, announced the passage by the House of a JtResolution (H.R.No. 212) to appoint twe managers for the National Asylum for Disabled Volunteer Soldiers to fill certain vacancies; and also the adoption by the House of a concurrent resolution reappointing the JtCommee of 15 on reconstruction; in both of which the concurrence of the Senate was requested. RECONSTRUCTION.
Mr. SUMNER. I now offer certain resolutions, which I ask to have read and printed.
Mr. SUMNER. Before the motion to print is put, I desire to say that at this stage I do not propose to discuss these resolutions. I have introduced them now as a statement of the case. I see no chance for peace in the rebel States until Congress does its duty by assuming jurisdiction over that whole region. These resolutions declare briefly the duty of Congress in that regard, and assign reasons therefor. I have said that I have no purpose now to discuss them; but I have in my hand a letter which I received yesterday from a friend of our cause in Texas, and which is so important in its statements and so direct in its bearing on the questions raised by these resolutions, that with the indulgence of the Senate I will read briefly from it.
Mr. MCDOUGALL. Allow me to ask the Senator to read the signature. Let the name of the writer be given.
Mr. SUMNER. I shall not read the signature
Mr. SUMNER. And for a very good reason that I could not read the signature without exposing the writer to violence, if not to deatH.
MR. DAVIS. Mr. President, I rise to a question of order. I ask if the reading of the letter by the Senfrom Massachusetts is in order?
The PRESIDENT protempore. In the opinion of the Chair, a Senator in making a speech to the Senate has a right to read from a letter in his possession if he deems proper.
Mr. DAVIS. I ask whether it is in order for the Senfrom Massachusetts to make a speech at this time?
The PRESIDENT protempore. The Chair sees nothing disorderly in it. The Chair is of opinion that the Senfrom Massachusetts is entitled to the floor; and while proceeding in order he cannot be seated by a question of order upon his general right to speak. The Chair thinks the Senfrom Massachusetts is in order.
Mr. MCDOUGALL. Mr. President, “none the less strenuous” if “strenuous” will achieve the true victory. The Senfrom Massachusetts reads a letter from Texas. I do not rise to answer his argument, because it is only on a motion to print; but it is somewhat within the confines of my memory that I was in Texas in 1836, and I am somewhat conversant with all that part of the world, of which I think the Senfrom Massachusetts is altogether igno rant. I have been through all that part of the world, although I was born further north than him, and denied the doctrine of slavery as early as he did; perhaps earlier; I do not know. I rise to express principally my objection to his habit of getting up and reading letters from gentlemen from Texas, for I have been there, where I am known and have been known for at least 30 years. Whom does the letter come from? Probably an adventurer over there who writes very good English; perhaps he may have even graduated at Harvard, that the gentleman is conversant with and that I am not. As for the authority of the letter, I should like to have an indorser the indorsement of the name of the man who wrote it and not the indorsement of a man who is ignorant, because it is my opinion that the Senfrom Massachusetts never floated down the Mississippi, and never saw the State of Texas, and never saw a southern State. I do not say he did not; but I doubt whether he did. It has been my opportunity to have lived and been about all the States of this Union, and I belong to them all from Maine to Texas, California included. Of course this is not an argument, Mr. President. I, only say that I do not like this thing of letters being read. I have my arms full of letters sometimes, but I never read a letter from a man who would not put his signature to it, and I have never said a word where my opinion was not on my sleeve. The motion to print the resolutions was agreed to. MANAGERs of soldiers’ Hoxie.
Mr. WILSON. There has been sent to us a resolution from the HoRep to elect 2 managers for the Soldiers' Home, and I ask unanimous consent to put it on its passage now. The board meets tomorrow, and it is important that these managers should be elected today, perhaps in order to constitute a quorum of the board. The motion was agreed t;o and the JtResolution (H.R.No. 212) to appoint 2 managers for the National Asylum for Disa bled Volunteer Soldiers, to fill certain vacan cies, was read twice by its title and considered as in ComWhole. It proposes to appoint Erastus B. Woolcott, of the State of Wisconsin, a manager of the National Asy lum for Disabled Volunteer Soldiers, to fill the vacancy occasioned by the death of George H. Walker, of the 3rd class of managers, for the term which expires on the 21st day of April, 1868; and John L. Cavender, of the State of Missouri, to fill the vacancy occasioned by the resignation of P. Joseph Oster haus, of the 2nd class of managers, for the term which expires on the 21st day of April, 1870. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. NAVY YARD employees.
Mr. HENDERSON submitted the following resolution; which was considered by unanimous consent, and agreed to Resolved. That the SecyNavy be directed to communicate to the Senate copies of all orders, instructions and directions made or by him, issued or by the chief of any bureau in his Dept, since the 1st day of April last, in relation to the o: of officers, master workmen, me chanics, laborers, or other persons in the navy yards of the U.S.; and that he transmit to the Senate copies of all communications receivedby him or by the chief of anyone of subject the naval bureaus on the of theo. of persons in the navy: yard at Norfolk, Virginia, as well as copies of all communications from him or such chiefs of bureaus to any and all other persons touching the subject of employment at such yard. PRESIDENTIAL TERM.
Mr. WADE. I move that the Senate take up, with a view to reference, the JtResolution that I offered early in o the last session proan amendment to the Constitution of the U.S. so as to restrict the presidential office to one term.
Mr. MCDOUGALL. I ask the Senator, does he change the term in his proposed amendment? o. he change it to 6 years?
The PRESIDENT protempore. The Chair will suggest that under the 21st joint rule which was brought to the attention of the Senate on the 1st day of the session, the motion made by the Senfrom Ohio would not be in or der, because it refers to business which cannot now be acted on under the decision made by my predecessor in this chair, which was that bills, resolutions, and all unfinished business could not be considered until after the 1st 6 days of the session. Under that decision this motion would not be in order.
Mr. MCDOUGALL. I understand that it was courtesy to the Senator to allow him to pursue his remarks. It will be courtesy to me if I make a remark the courtesy of the Senate.
The PRESIDENT protempore. The Chair will interpose no objection even to the consideration of the resolution, but suggests simply that under the former decision it is not in order. The Chair recognizes the Senfrom car foruia.
Mr. MCDOUGALL. I desire simply to suggest that the amendment which the Senfrom Ohio proposes would meet with my entire approbation if the term should be made 6 years, and at sometime I would like to advance that idea to the Senate supported by careful reasoning. It will come up, of course, afterward. His amendment is simply to limit the Presidency to a single term. I say a single term of 6 years. I only want to suggest it that it may be recorded. I agree with the Senfrom Ohio; I think he is correct.
The PRESIDENT protempore. If no objection be made to the consideration of this subject, the Chair will put the question. The Chair deemed it his duty to state that the motion was obnoxious to. question of order if any Senator thought proper to raise it.
Mr. MCDOUGALL. Is it a question of consideration or a question of reference?
Mr. WADE. I wish to say about that rule of order that I understand it is construed very differently in the House from what it is in this body, cannot see the force of it any way. I saw that the Chair, when the question was 1st raised, put a very different construction on it, and a different construction I understand prevails now in the House. I think this is a very inconvenient one and almost destroys all business for the 1st 6 days of the session. I wish that the decision might be reconsidered and our practice made to conform to what I understand is the construction placed on the rule by The SPEAKer of the House. The po T protempore. The Chair will suggest that there has been no objection made to the consideration of this subject, and the Chair will put the question to the Senate on taking up the JtResolution and o ring it.
Mr. MCDOUGALL. If it is a question of reference, I have no objection. If it is a question of present consideration, I have objec LUn.
The PRESIDENT protempore. The motion is that the Senate proceed to the consideration of the JtResolution named by the o from Ohio. The motion was agreed to; and the Senate o to consider the JtResolution (S.?. No. 33) proposing an amendment to the Constitution of the U.S.
Mr. WADE. Now, I move to refer the resolution to the ComJudiciary, The motion was agreed to. FINANCE REPORT.
Mr. FESSENDEN. I move that the report of the SecyTreasury on the state of the finances be referred to the ComFinance, and also that 5,000 extra copies be printed for the use of the Senate. The report itself has already been ordered to be printed. I understand.
The PRESIDENT protempore. The motion to refer, the report to the ComFinance will be considered as agreed to, if there be no objection, and the motion to print extra copies will be referred to the ComPrintg. EEFERENCE OF PRESIDENT's Mrss Age. On motion of Mr. SUMNER, it was Ordered, That so much of the President's me concerns our foreign, relations be referred to Committee on Foreign Relations. the On motion of Mr. FESSENDEN, it was Ortered. That so much of the President's message as relates to the finances of the U.S. be referredto the ComFinance. On motion of Mr. POMEROY, it was Ordered. That so much of the President'smessage as relates to the homesteal law and the public lands of the U.S. be referred to Public Lands. the Committee On motion of Mr. HOWARD, it was Ordered, That so much of the President's message as relates to the Pacific railroad be referred to ComPacificRR. the On motion of Mr. RAMSEY, it was Ordered.That so much of the President’s messageas relates to the postoffice Dept and the postal system be referred to the ComPostOffices. REFERENCE OF DILLS. On motion of Mr. SHERMAN, the bill (S.No.452) to prevent and punish the illegal appointment of officers of d. U.S., heretofore introduced by him, was taken from the table, referred to the ComJudiciary, and ordered to be printed. On motion of Mr. WILLIAMS, the bill (S.No.453) to regulate the tenure of offices, heretofore introduced by him, was taken from the table and referred to the joint select comRetrenchment. SUFFRAGE IN THE DISTRICT.
Mr. MORRILL. I move that the Senate bill No. 1 be printed. It is the bill referred to in debate the other day, to regulate the elective franchise in the DistCol. I desire to say that I hope the Senate will indulge me on Monday next in calling the bill to their attention. move now that it o be together with the amendments which have been adopted and those which have been proposed. The motion was agreed to.JtCom ON RECONSTRUCTION.
The PRESIDENT protempore laid before the Senate the following concurrent resolution from the HoRep: Resolved, (the Senate concurring.) That the JtCommee of 15 on reconstruction, o during the last session of Congress, shall be reappointed under the same rules and regulations as then existed, and that all the documents and, resolutions which were referred then be now considered as referred to them anew. The resolution was concurred in. widow or lion. J. ii. LAN e.
Mr. POMEROY. I move that the resolution which I had the honor to present on the 1st day of the session, relative to the payment to Mrs. Lane of the balance due to her deceased husband, be taken up for reference.
Several SENAToits. Let us pass it now. The motion was agreed t;o and the resolution received its 2nd reading.
Mr. POMEROY. If there is no objection, I should like to ask for the present consideration of the resolution.
Mr. JOHNSON. I was about to rise to make a motion for that purpose. I see no necessity for a reference to a committee of a resolution of this kind. I believe it is in the usual form in such cases.
Mr. POMEROY. It is, The resolution was read the 3rd time, and passed, as follows: Resolved. That the SecySenate be, and is hereby, directed oout of the compensation fund of the Senate, to Mrs. Lane, widow of Hon. James H. Lane, deceased, late a Senfrom the State of Kansas, the amount of compensation due the deceasedat the time of his death. SUPERINTENDENT OF PRINTING.
Mr. LANE. I move to take up the resolution which I introduced on Monday, on the subject of the election of a Superintendent of Public Printing, with a view to refer it to the ComPrintg. The motion to take up the resolution was agreed t;o and the resolution was adopted as follows: Resolved, That the ComPrintg be directed to inquire into the expediency of providing }. law for the election of Superintendent of printing by Public a concurrent voteof both Houses of congress, and to report by bill or otherwise. On motion of Mr. DOOLITTLE, the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, December 5, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. Boy NToN. The Journal of yesterday was read and approved. The following members appeared in addition to those heretofore o NewYork Hon. James M. Marvin and Hon. Giles W. Hotchkiss. Tennessee Hon. Edward Cooper. NewJersey–Hon. E. R. W. Wright. Maryland–Hon. Hiram McCullough. CORIRECTION.
Mr. THAYER. Mr. Speaker, I ask unanimous consent to make a correction of the proceedings of the House as reported in the Globe.. I am reported in the Globe of yester. day as having voted against the passage of the bill introduced by the Gentfrom Massachusetts, [Mr. ELIot] a bill to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862. I desire t, o state that was an error, as I was una voidably absent from the House when the vote was taken, and if present would have voted for the bill. LAWS OF DAKOTA.
The SPEAKER laid before the House the laws of the Territory of Dakota for 1865 and 1806; which were referred to the ComTerritor. REPORT OF GENERAL BABCOCk.
Mr. WASHBURNE, of Illinois, by unan imous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyWar be directed to communicate to the House the report of the tour of inspection of Brevet Brigadier General Babeock, madeduring the past season, or such portions thereof as he may deem proper to communicate. REMOVALS FIROM OFFICE.
Mr. WILLIAMS. Mr. Speaker, I call u the motion to reconsider the vote by which house bill No. 664, for the regulation of appointments and removals from office, was recommitted. The motion to reconsider was made by myself at the last session of Congress.
The SPEAKER. The motion is now before the House, and the Gentfrom Pennsylvania is entitled to the floor.
The SPEAKER. The question is on the motion to reconsider.
Mr. WILLIAMS. I desire to say now to the House, with their consent, I will ask for a vote on the motion to reconsider. I do not propose to urge the passage of this bill with any unnecessary rapidity. It is a matter of great consequence and requires careful deliberation. I demand the previous question.
Mr. SCHENCK. I ask the gentleman to withdraw the demand for the previous question.
Mr. SCHENCK. If the motion to reconsider prevails, I desire then to submit a motion to refer this bill to the joint select comRetrenchment. This whole subject was expressly referred to that committee, and they have been engaged all of the present morning and have adjourned to resume the work tomorrow morning, in preparing a bill on the subject. They have before them the bill introduced by the select committee on the civil service, at the head of which is the Gentfrom RhdIsland, [Mr. JENckes] who is also a member of the JtCommee on retrenchment, and they have before them also a bill introduced by the Gentfrom Pennsylvania, [Mr. BRoomALL] These bills, together with one which is now pending in the Senate, introduced by the Senfrom Oregon, the committee propose to consider, and upon examination of the whole subject to present their views to thre House in the shape of a bill as the result of their conviction of the necessity of some such legislation. I ask, therefore, that this motion may be reconsidered with a view to referring the bill to the select comRetrenchment, promising that they will make a very early report probably within the next 48 hours.
Mr. STEVENS. I do not see what this committee has to do with this bill at all. I think we had better, while we have hold of it, keep it. It is in good hands, and I hope it will not be put in worse.
Mr. SCHENCK. I do not pretend to make a comparison between the merits or capability of this committee and my friendfrom Pennsylvania; but as to the authority upon which I act, I beg leave to read it to the We were instructed “to consider the expediency of so amending the laws under which appointments to the public service are now made as to provide for the selection of subordinate officers after due examination by proper boards, their continuance in office during specified terms unless dismissed upon charges preferred and sustained before tribunals designated for that purpose; and for withdrawing the public service from being used as an instrument of political or party patronage.” In short, this whole subject is by express provision referred to that particular committee. They were to take testimony in respect to what has been done in the nature of abuse under the law as it now stands, and are engaged in the consideration of the subject with all these various bills before them, and hope to be able to report in 48 hours such a bill as will provide a remedy for the evil. That is my answer to the gentleman. This should be referred to that committee, simply because they have been intrusted with the whole subject and have been at work during the greater yart of the vacation since the last adjournment in looking into the entire matter.
Mr. STEVENS. I understand this bill comes from the ComJudiciary, having been reported by them at the last session after great deliberation, and, as some of us thought. very unnecessary delay. It ought to have been passed before this for the purpose of stopping some of the evils that have already taken place. The bill is now before us and open to amendment, and I hope it will not be referred to any other committee.
Mr. WILSON, of Iowa. I will state in regard to this bill that it is the purpose of the Gentfrom Pennsylvania, [Mr. WILLIAMs]who has charge of it, to propose sundry amendments, one of which is to strike out the 3rd section of the bill, and substitute therefor 2 other sections which he has prepared, and which have the concurrence of the committee. I have also an amendment which I shall offer at the proper time, and it seems to me that with these amendments we will present to the House a very perfect, measure, as much so perhaps as any committee could present. It is not the purpose of the Gentfrom Pennsylvania to urge a final vote upon this bill now, but it seems to me that the better course will be to keep it in the House until it is perfected here, and then pass it without any delay. It was 1st the intention of the Gentfrom Pennsylvania to ask a recommitment of the bill. I think the amendments would be agreed to if presented before the House, and I think we may as well consider the bill now. I hope, therefore, the bill will neither be recommitted to the ComJudiciary, nor to any other committee, but that we may have final action upon it without unnecessary delay.
Mr. KASSON. I wish to inquire of m colleague whether, by the proposed amendments, any change has been made in the 1st section, which seems to conflict, unintention ally of course, with the Constitution where it says that no officer shall be removable except by the same agency which concurred in his appointment, not seeming to contemplate any impeachment?, I find, also, that ne provision is made excepting the heads of Depts from the operation of this law. I. apprehend that very few of the members of the committee would desire to deprive an incoming president of the opportunity of choosing his constitutional advisers. Imention this for 2.". one is to ask that the amendments e printed, and the other to suggest for the consideration of the committee the 2 points I have made in relation to the measure.
Mr. WILSON, of Iowa. will observe to the gentleman who is at the head of the comRetrenchment, that the chairman of politiusCommittee has not made any such Clal In.
Mr. SCHENCK. I do not happen to be at the head of the comRetrenchment, but am only by the concurrence of my colleagues put forward to make this motion. I only quoted the expression of the chairman of the ComJudiciary, who said that the amendments proposed would make the bill perfect.
Mr. GRINNELL. He said he hoped the amendments would make the bill perfect.
Mr. SCHENCR. Well, he said he hoped the bill would be perfect. I give the qualification. I do not wish to misrepresent the gentleman. I do not know that we shall be able to make a perfect bill. The only claim I make is that out of all the material before us and with the amount of labor we have expende upon it, we think, if the House means to sustain the committee to which they intrusted this whole subject, and that, too, after this bill was reported by the ComJudiciary, it would be well perhaps to allow us to have formally and officially before us whatever may be in this bill, in order that we may report upon it along with the other matters which we have under consideration. Of course we shall avail ourselves of what this bill contains, even if it is not formally referred to us. And if we can complete a bill better than anything contained in any other one bill and we find something good in them all we can move it as a substitute for this or any other bill under consideration. But I think it would be more regular to refer each bill upon this subject to the committee specially charged with its consideration. And in contrast with the obstinacy exhibited in relation to this bill I do not use the word “obsti nacy” in any offensive sense let me state that the Gentfrom RhdIsland, [Mr. JExckes] is himself the chairman of a committee to which this subject was specifically in trusted, and has reported a bill from that committee which is now pending. But he is perfectly willing that his should go to the committee to which this whole subject was committed, and I commend his example to other gentlemen who are interested in this subject.
Mr. STEVENS. I understand the vote has not yet been taken upon the motion to reconsider.
The SPEAKER. It has not. The Chair will state the question before the House. On the 11th of June last this bill was reported from the ComJudiciary, ordered to be printed, and recommitted. The Gentfrom Pennsylvania [Mr. WILLIAMs] entered a mtRtv the bill was recommitted; which motion he has now called up for the action of the House. If the motion to reconsider shall prevail, then the question will recur upon the motion to recommit; which motion will be amendable. should the House desire it, so as to refer the bill to any other committee.
Mr. WILLIAMS. It may be considered ungracious in me, having already occupied so much of the time of the House, to call the previous question at this time. But I understand that the previous question, if 2nd ed, will exhaust itself upon the motion to reconsider.
Mr. WILLIAMS. As there will be ample opportunity for discussion after that motion shall have been disposed of, I will now call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the mtR agreed to. The question recurred upon the motion to recommit the bill.
Mr. SCHENCK. I move to amend that motion so as to refer this bill to the JtCommee on retrenchment.
Mr. WILLIAMS. Would it be in order for me now to withdraw the motion to recommit?
The SPEAKER. It would, and then the motion of the Gentfrom Ohio, [Mr. SchENck]being in the nature of an amendment, would fall.
Mr. WILLIAMS. I withdraw the motion to recommit. And now I move to amend by striking out all of section 3 after the enacting clause, as follows: That no office shall be considered as inferior, within the meaning of the Constitution, the salary and emolumentswhereof exceed in amount the sum of $1,00oper annum; and in fo all such cases the ap thereto shall hereafter be made on nomination by the President, by and with the advice and consent of the Senate, subject to the same conditions and limitations as to removals and renominations as are prescribed in the foregoing sections of this act. And I move to insert in lieu thereof the following: That whenever a vacancy in any office, happen. during the recess of the Senate, may have been filled up by the President in provisions accordance with the of the Constitution, by granting a commission to expire at the end of their next session, it shall be the duty of the President to make a nation for the said officebefore the end of thenonemxit ensuing session of that body; and in case of the nomination of ony other oor persons than the one so commissioned, and the refusal of the Senate to advise and consent thereto, the office shall not be considered as vacant upon the adjournment of the Senate, but the person so commissioned shall continue to hold and enjoy the same, and exercise the functions thereof during the recess of the Senate, and until he shall be either nominated and rejected, or duly supersededby a new appointment, by and with the consent of that body. Sec. 4. That the severalheads of Depts shall hyoeladrst, heir offices respectively for the term of 4 unless removed by the President, by and with the advice and consent of the Senate, and shall severally nominate, and by and with the advice and consent of the Senate appoint, all their assts and other officers within their respective Depts, to hold for the like period of by them, 4 years, unless removed with the concurrence of the Senate.
Mr. WILSON, of Iowa. I desire, whenever it may be in order, to offer an amendment, to insert the following as a new section: That any officer of the Government of States, the U.S. who shall appoint or commission any person to an office, in violation of the provisions of this act, shall be deemed guilty of a misdemeanor in office, and on conviction thereof, by impeachmentor otherwise, shall be dismissed from office. I will suggest to the Gentfrom Pennsylvania [Mr. WILLIAMs] that these amendments be printed, and the bill postponed until tomorrow, when we caä have all the amendments, before the House. In the mean time the comRetrenchment may have their bill prepared, and may present it as a substitute for this bill. We then can have the whole subject before the House, with all the different propositions.
Mr. SCHENCIX. I will state that the suggestion of the Gentfrom Iowa is a very acceptable one, because we think the comRetrenchment will be ready tomorrow to report a bill as a substitute for all these propositions.
The SPEAKER. If there be no objection, it will be understood that by unanimous consent the various amendments suggested by different gentlemen may be presented now to be printed with the bill and to come up tomorrow in regular order. There was no objection.
Mr. KASSON. The amendment which I suggested a few moments ago, is as follows: Strike out in the 5th, and 6th lines of scetion, the 1st the words, “by the same agencieswhich concurred in his appointment, ” and insert in lieu thereof tPhreesiwdeonrdt, s, “by virtue of impeachment, or by the with the consent of the Senate;” so that the clause will read: That no officer of the U.S. appointed on the nomination of the President, by and with the advice and consent of the Senate, shall be removable except by virtue of impeachment, or by the President, with the consent of the Senate. Add at the end of the 1st sectionthe following: Anal provided further, That the provisions of this act shall noto to the removal and appointment of the heads of the several Executive Depts.
Mr. STEVENS. I have an amendment which I desire to offer. It is as follows: Amend the 2nd section o striking out in the 15th and 16th lines the words, “the same officefor which he had been previously nominated, ” and inserting in lieu thereof the words “any office;” so that the clause will read: And in no caseshall any person who has beennom inated by the President for any office and rejected by the Senate, or on whose nomination that body has failed or declined to act in the way, of consent or refusal, be appointed qr commissioned by tho him after and during the recess of that body to hold any office.
Mr. HALE. I propose to amend the amendment of the Gentfrom Pennsylvania [Mr. WILLIAMs] by striking out, in section 4, after the words “shall severally nominate and, ” the words “by and with the advice and consent of the Senate;” so as to provide that the heads of the Depts shall “severally nominate and appoint all their assts and other officers, ” &c. I think that the terms of the gentleman's amendment in its present form are inconsistent with the provisions of the Constitution in regard to appointments to office.
Mr. GARFIELD. I desire to inquire of the Gentfrom Pennsylvania, f
Mr. will LIAMs, who has charge of this bill, whether the amendment which he has offered makes it a misdemeanor for any disbursing officer to pay persons, who are appointed to office in violation of the provisions of the bill.
Mr. WILLIAMS. There is nothing of that kind in my amendment.
Mr. GARFIELD. Then I desire the privilege of offering the following amendment: Add as a new section the following: That any public officer who shall pay or receive any moneys, or advise or connive at, or consent to the payment of any moneys, in violation of the provisions of this act, shall be held guilty of a misdemeanor in and, on conviction thereof, by impenchmentor otherwise, shall be sentenced to removal from office, and shall pay to the U.S. a equal sum to the amount of moneys Iso aid or received, to be recovered, with costs, by action of debt. in the name of nnybody who may institute such action, for the use and benefit of the U.S.
Mr. WILLIAMS. I now move that all the amendments be printed, and that the bill be postponed, and made a special order for tomorrow morning, immediately after the reading of the Journal. The motion was agreed to. MORNING HOUr.
The SPEAKER stated the morning hour had commenced, and the 1st business was the call of committees for reports. CriMINAL CASES.
Mr. LAWRENCE, of Ohio, from the ComJudiciary, reported back House bill No. 635, to amend an act regulating proceedings in criminal cases, and for other purposes, approved March 3, 1863, with an amendment. The bill provides that on the trial of any offense in which the right of challenge to jurors now exists the doi shall be entitled to only 2 percmptory challenges; provided that nothing herein shall apply to the trial of trea son or capital offenses. The amendment of the committee was to strike out “two" and insert “4.”
Skip Skip The amendment was agreed to; and the bill as amended was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. LAWRENCE, of Ohio, mtRtv the bill was passed; upon the table. agreed to. QUALIFICATIONS OF JURORS.
Mr. LeBLOND. Mr. Speaker, this I understand is an amendment, coming from the committee, to the original bill.
Mr. LeBLOND. I would othy colleague if it has been printed.
Mr. LAWRENCE, of Ohio. The substitute reported by the committee has not yet been printed. I will state, however, for the information of my colleague and the House, that the 1st section of the bill, or rather of the substitute, is copied substantially from the law of Ohio regulating the qualifications of jurors. That law my colleague is familiar with. It has been recently sustained by a decision of the supreme court of Ohio, in the case of the State rs. Cooper, decided at the last term of the court. have never heard any objection to it from the bench or bar of Ohio. This substitute has been maturely considered by the ComJudiciary, and I have been instructed, without any dissent, I believe, from any member of the committee, to report it and recommend its passage. I think there can be no objection to it.
Mr. LeBLOND. I wish to make this sug. gestion to my colleague, that inasmuch as this substitute changes entirely, the qualifications of jurors, it would be but wise and proper that it should be printed, so that all the members of the House might see it and come to some conclusion on the subject. It proposes a very decided change from what has existed in former years. I am aware that Ohio has a provision substantially like the one that has been reported by this committee; but, sir, in the minds of legal men in that State, it is very questionable whether it is an improvement upon the old law. I believe in the main it is considered not to be; and that being so, gentlemen will at once see the necessity of weighing this question thoroughly before enacting it into the laws of the U.S. Why, sir, if an individual who is called upon to act as a juror in a case has expressed or formed an opinion, even from newspaper reports or from hearing A, B, or C express an opinion in regard to the facts of the case, is it not apparent that that man's mind is so biased o: it will require some evidence in order to disabuse his mind before he can become an impartial juror? I am not, for one, prepared to say that this is a proper change for this Congress or for any State to make in regard to the qualification of jurors. We should seek to have men upon juries who are entirely free from any bias, who have neither expressed nor formed an opinion in the case. Then they are qualified to give due weight and credit to the testimony, and to render a verdict according to the preponderance of evidence. But by the provisions of this amendment they are not so qualified, because at the very outset you have got to overcome the bias that has been created by newspaper or neighborhood reports. I hope that my colleague will permit this substitute to be printed so that we may know better how to actin the premises.
Mr. LAWRENCE, of Ohio. This amendment contains but a single proposition which any member can ofrom hearing it read. This subject has long been before congress. A bill was introduced in the Senate on the 5th of December last and was considered there. The same bill has been considered by the ComJudiciary of the House, and as the substitute for the 1st section contains but a single proposition, which will be readily understood, it seems to me there can be no necessity for printing it. Ihope the bill will be disposed of. I have never yet in Ohio, where a similar law is in force, heard any objection made by any lawyer, judge, or citizen to its operation.
Mr. STEVENS. Mr. Speaker, this bill may be all right, but of course it means to change the qualifications of jurors or else there is no necessity for it. If it does propose any such change I wouldlike to see what it says. Whether it is very important that this amendment should be adopted. I do not know, but in the present state of things I think we should be very cautions in making any changes in regard to our legal tribunals. While crimes ought to be punished and criminals brought to justice, I think it is better that they should be tried by no new law, no new qualification. I hope the gentleman will let it go over till Monday, and have it printed.
Mr. LeBLOND. I believe the previous question has not been 2nd ed, and if not, I will move that the bill be laid upon the table and printed.
Mr. WILSON; of Iowa. Oh, no; not laid upon the table: ict it ho printed.
Mr. LeBLOND. Let it be postponed and printed.
Mr. STEVENS. I move that the further consideration of the bill be postponed until Monday next, and that it be printed.
The SPEAKER. The Chair will state that there are 2 or 3 postponed special orders which will be anterior to this.
Mr. STEVENS. Then I will move to post pone it until Tuesday, and that it be printed.
Mr. LAWRENCE, of Ohio. I have no objection to the postponement of the bill until Tuesday, so that it may be printed and the House may see it. I think it will be found that there is no objection to it.
Mr. STEvess's motion was then agreed to. RIGHT OF ACTION OF LOYAL CITIZENS.
Mr. LAWRENCE, of Ohio, from the ComJudiciary, reported back bill of the House No. 608, to protect the right of action of loyal citizens, with 2 amendments; which were agreed to.
Skip Skip The bill was then orderengross and read a 3rd time; and being engrossed, it accordingly read the 3rd time and passed. Mr. LAWRENCE, of Ohio, mtRtv the bill was passed; upon the table. agreed to.
The Clerk read The bill, as passed, provides that in all cases where a citizen of the U.S., who always remained loyal thereto and did not voluntarily give any aid or encouragement to any persons engaged in rebellion, shall bring an action to recover damages for injury to person or property, or the value thereof, no such action be defeated, or any defense allowed, by virtue of the authority of the late socalled confederate States of America, or of any State declared in rebellion by proclamation of the POTUS PAYMENT OF PENSIONS.
Mr. PERHAM, from the ComInvalidPens, reported back, with the recommendation that it do pass, bill of the Senate No. 69, to provide for the payment of pensions. The bill was read. It authorizes the POTUS to establish agencies for the payment of pensions granted by the U.S. go wherever in his judgment the public interest and the convenience of pensioners requires, and by and with the advice and consent of the Senate to appoint pension agents who shall hold their offices for 4 years, and until their successors shall be appointed and duly o: provided, that no existing office shall be considered as vacated prior to an appointment by the President as provided by the bill.
Mr. WASHBURNE, of Illinois. There are 2 or 3 amendments which I would like to suggest to that bill, and I will state them, if the Gentfrom Maine will yield to me for that purpose.
Mr. PERHAM. I will yield for that purpose.
Mr. WASHBURNE, of Illinois. If the House paid attention to the reading of the bill, it will have seen that there is authority given to the President to establish agencies for the payment of pensions granted by the U.S. wherever, in his opinion, it may be necessary. Now, sir, I am opposed to giving that sort of authority to the President or to anybody else. I think we have a sufficient number of pension agents already established. And I am entirely indisposed to grant this further power to the President. I shall therefore move to strike out that part of the bill. And I will also move an amendment to the proviso, so that it shall be the duty of the President to send into the Senate the names of all the pension agents. There have been many removals during the past season of o the most trustworthy agents we have, and most objectionable men have been appointed to their places. In my own State a pension agent was removed, and probably the most objectionable man in the State, particularly to the soldiers, appointed to his place. I want that man’s nomination sent to the Senate, and have it pass that ordeal if it can.
Mr. BINGHAM. You will leave nothing in the bill.
Mr. WASHBURNE, of Illinois. I propose to have this bill amended, let it affect it as it may. I propose to amend the bill so as to compel the President to send the names of all these pension agents to the Senate; making them in fact presidential appointments, instead of being. as they now are by the SecyInterior.
Mr. WILSON, of Iowa. I suggest to the Gentfrom Maine [Mr. PERHAM] whether it would not be proper to postpone the further consideration of this bill for say a week from Monday next; or until after the bill regulatin the appointing power of the President shal have been acted upon, for the subject of this bill is involved, to a greater or less extent, in that bill.
Mr. FERHAM.? There are some reasons why the ComInvalidPens desired immediate action upon this bill. I would therefore prefer that the bill should be acted upon now. But the committee will not make any objection to such amendments as the House may see proper to make.
Mr. of Illinois. I move to amend the proviso, by striking out after the word “provided” the following: That nothing herein contained shall be so construed as to vacate any existing office prior to an appointment by the Presidcnt, as herein provided. And inserting in lieu thereof the following: That the number of pension agencies in any State oroshall not in any case exceed 3: And that no such agency shall be established in addition to those now existing in any state or Territory in which the whole amount of pensions paid during the fiscal year next preceding shall not have exceeded the sum of $500,000.
Mr. FARNSWORTH. I think the bill should be further amended so as to embrace those appointments which have been made since a certain date, so as to cover appointments that have been made during the last year, and require their names to be sent in to the Senate or their action. The abuse has already been committed. In my own State one of the worst Copperheads in the State was appointed pension agent at Springfield not long ago. I want his name sent to the Senate, and let them pass upon it.
Mr. PERHAM. I can only seek to perform the duty imposed upon me by the committee, and that is to ask that the bill be put upon its passage. At the same time I will be willing to consent to any amendments which the House may think proper to adopt.
Mr. Wis. of Iowa. I move that this bill, with the accompanying amendment, be recommitted to the ComInvalidPens. I think there have been suggestions made which that committee would do well to consider.
Mr. BINGHAM. I hope the motion will be modified so as to include an order to print the bill.
Mr. WILSON, of Iowa. I will modify my motion accordingly. The motion, as modified, was agreed to.
Mr. WASHBURNE, of Illinois. I move that the committee have leave to report at any time.
The SPEAKER. That motion will require unanimous consent. No objection was made.
Skip Skip MESSAGE FROM the SENATE. A message from the Senate, by WILLIAM J. McDonALD, its Chief Clerk, informed the House that the Senate had passed, without amendment, the JtResolution of the House No. 212) to appoint 2 managers for the national Asylum for Disabled Volunteer soldiers, to fill certain vacancies. The message further informed the House that the Senate had agreed to the concurrent resolution of the House for the reappointment of the JtComReconstruction. TENNESShee CONthested Election.
Mr. COOPER. I rise to a question of privilege, and present the petition and papers of Dorsey B. Thomas, contesting the seat of Hon. SAMUEL M. ARNELL, as a Representative from the 6th district of Tennessee.
The SPEAKER. The petition and papers will be referred to the ComElections. CAPTAIN WILLIAM. F. AUSTIN.
Mr. MORRILL, from the ComWays&Means, submitted an adverse report upon the petition of Captain William F. Aus. tin, praying to be granted the privilege of making and selling spirituous liquors free from the duties imposed by the excise laws; and the same was laid on the table. And then, on motion of Mr. GRINNELL, (at half 2 o'clock p. m.,) the House adjourned.
Skip Skip PETITIoNs, Etc. The following petitions, &c., were presented under thBeyruMler,anDdErMefIeNrGred tTohtehepaeptpitrioopnriaotfeJoconmatmhaitnteeBs.: Tuirner, for renewal of patent. Mr. G Afff;Ei): The petition of Jesse Bald swpine, cieofpay Youngstown, Ohio, praying for a return to Maston Mr. HENDERSON }. The petition. of S. D. William Baker, C. M. Carter, William L. Colvig, and 240others, citizens of theState of Oregon, Fothe just payment of the Oregon, and Wash "R war claims of 1865and 1866. By Mr. HULBURD.: The petition of Professor E. Fisher and sundry citizens of the State of NewYork, asking modification of the income tax provision of the internalrevenue laws. By, Mr. JULIAN: The petition of 39 citizens of Randolph county, Indiana, praying an amendment of the Constitution providing, that no inequality among citizens shall be allowed on account of race, birth, or color, and that laws be at once enacted enforcing this principle in the DistCol and the Territories of the U.S. Mr. KELLEY: The petition of soldiers, seamen, dfierelpmheian,, cPoeanln psyalsvsaenrisa,, and marines, citizens of Phila who served in defenseof the Union in the late rebellion, praying Congress for a law fiving to the above who entered the service of the U.S. during the rebellion, on and after the o day of February, 186l a bounty of $100a year, &c. By The SPEAKER: The memorial of Walker Pearce, asking an investigation into a certain alleged vaitoFlaatyioentteovfillhei, s Nrigorhtths aCsaarocliitniaze. n, by an armed mob NOTICES OF BILLS. The following notices for leave to introduce bills weBrye. given under the rule:
Mr. DAWES: A bill to fix the time for the election of Representatives and Delegates in the ooy iM.ir". o"fo, tooo". ill granting pensions to soldiers of the war of 1812with GreatBritain.
@@@IN SENATE SENATE. THURSDAY, December 6, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. on. EpgAR Cowan, of Pennsylvania, appeared in his seat.
Mr. TRUMBULL. The ComJudiciary, to whom was referred the bill (H.R.No. 828) to repeal section 13 of the act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862, have instructed me to report it back to the Senate with a recommendation that the bill pass; and if there be no objection, I will ask for its present consideration.
The PRESIDENT protempore. It requires the unanimous consent of the Senate to consider the bill on the day it is reported.
Mr. HENDRICKS. I wish to look into the questions involved in that bill, and therefore I object to its present consideration.
The PRESIDENT protempore. Th; present consideration of {. bill being objected to, it lies over under the rule. Isill, S INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.457) to provide for the defense of the northeastern frontier; which was read twice by its title, and referred to the ComForRel.
Mr. ANTHONY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.458) to extend the jurisdiction of the Court of Claims; which was read twice by its title.
Mr. ANTHONY. I introduce that bill by request. I do not know whether it should go to the ComJudiciary or the ComClaims. It is to give the Court of Claims jurisdiction of some claims arising under an Indian treaty.
Mr. FESSENDEN. It should go to the ComJudiciary.
Mr. ANTHONY. I move its reference to the ComJudiciary. The motion was agreed to.
Mr. EDM UNDS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.459) suspending the payment of moneys from the Treasury as compensation to persons claiming the service or labor of colored volunteers or drafted men, and for other purposes; which was read twice by its title, and referred to the ComFinance.
Skip Skip MESSAGE FROM tile in house. A message from the HoRep, by Mr. McPIeRson, its Clerk, announced that the House had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 603) to protect the rights of action of loyal citizens; and A bill (H.R.No. 635) to amend an act regulating proceedings in criminal cases, and for other purposes, approved March 3, 1865. ENROLLED BILLS SIGNED. The message further announced that The SPEAKer of the House had signed the enrolled JtResolution (H.R.No. 212) to appoint 2 managers for the National Asylum for iisailed Volunteer Soldiers, to fill certain vacancies; which was thereupon signed by the President protempore of the Senate. CLAIMS FOR SERVICES OF COLORED SOLDIERS.
Mr. EDMUNDS submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the SecyWar be requested to inform the Senate whether he has appointed the commission provided for in section24 of act entitled “An act the to amend an act for enrolling and calling out the national forces, and for other purposes, approved March 3, 1863, ”approved Februa 24, 1864, and if so, that he report the names of all such commissioners, and whether they have made any report, and if so, that he communicate a copy of report. said 1, legislaTIVE IRESOLUTIONS.
Mr. POLAND presented the following resolutions, adopted by the Legislature of the State of Vermont; which were read, and ordered to lie on the table and be printed:JtResolution relating to the protection of American industry. Resolvedby the Senate and HoRep, That it is the sense of the General Assembly of the State of Vermont that an efficient system of protective duties is indispensably necessary to the bestand permanent prosperity of the country. Resolved, That it is the duty of the General Government to protect the labor and industry of country against foreign competition: the and that the material interests developed by the wool producers of Vermont demand that the protection in favor of wool in the tariff bill presented at the last session of Congress should receive its early attention and sanction. Resolved. That our Sens&Reps be requested, at an early day of the next session, to earnestly and faithfully urge this subject upon congress. Resolred, That the SecyState communicate a copy of those resolutions to each of our Sens&Reps in o JOHN W. STEWART, Speaker of the HoRep. A. B. GARDNER, President of the Senate.
Mr. EDMUNDS presented the following res. olutions adopted by the Legislature of the State of Vermont; which were read, and ordered to lie on the table and be printed:JtResolution relating to equal suffrage. Resolved by the Senate and HoRep That laws ought to be in force in all of the U.S., guarantying equal and impartial suffrage, without respect to color. Resolved. That it is the duty of Congress to pass laws giving this right in all places where it done can be oItesolved, That we hereby request our Sens&Reps in Congress to use their influence for the passage of a law, giving equal and impartial suffrage in the DistCol as early as possible at the next session of Congress. JOHN w. STEwART, Speaker of the HoRep. A. R. GARDNER, President of the Senate. LEAGUE ISLAND. On motion of Mr. ANTHONY, it was Ordered That the bill (H.R.No. 452)to authorizo the SecyNavy to accept League Island, in the delawareriyer, for naval purposes, and to dispense with and dispose of the site of the existing yard at Philadelphia, be recommitted to the
ComNavAffs. BiLLS REFERRed. The following bills from the HoRepwere severally read twice by their titles, and referred to the ComJudiciary: A bill (H.R.No. 603) to protect the rights of action of loyal citizens; and A bill (H.R.No. 635) to amend an act regulating proceedings in criminal cases, and for other purposes, approved March 3, 1865. SELECTION OF JURORS IN UTAH.
Mr. WADE. I move that the Senate take up Senate bill No. 404.
Mr. WADE. It is a bill to amend the charter of Utah. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to considerthe bill (S.No.404) to regulate the selection of grand and petit jurors in the territory of Utah, and for other purposes.
Mr. MCDOUGALL. I wish to inquire of theSenfrom Ohio whether he intends to askfor the present consideration of the bill.
Mr. WADE. No. I have moved to take it up in order that an amendment may be offered by theSenfrom Michigan, [Mr. HowARD]and ordered to be printed, and then the bill can be laid upon the table. I design to call it up, however, at a very early period of the session.
The PRESIDENT protempore. The bill is beforethe Senate.
Mr. HOWARD. I do not suppose that the Senatewill enter upon the consideration of thisbill at the present time. It is only brought up by the honorable Senfrom Ohio now for the purpose of enabling me to offer an amendmentwith a view to have it printed. The amendment is of considerable importance, and I thereforebeg to present it to the Senate and askthat it be printed, and then the bill itself canlie over.
The PRESIDENT protempore. The order to print the amendment will be made, if there no objection.
Mr. SHERMAN. I suppose that the bill is to lie on the table now; I believe that is the understanding. I desire to take up the resolution that I introduced yesterday in regard to the admission of reporters to the floor of the senate, with a view of having it referred to the ComPrintg.
The PRESIDENT protempore. The bill and the amendment will lie on the table, no ojectionbeing interposed. TheLEGRAPiiIC reports.
Mr. SHERMAN. I now make my motion. he motion was agreed to; and the Senate resumed the consideration of the following resolution: Resolved, That the Sergeant at Arms be directed to provide seats on the floor of the Senate for the commodation of one reporter for the NewYork AssociatedPress, and one reporter for the U.S and European News Association.
Mr. SHERMAN. I now move that the resolution be referred to the ComPrintg. The motion was agreed to. BANKRUPT L.A.W.
Mr. POLAND. I desire to give notice to the Senate that on Monday next I shall move to take up for consideration House bill No. to establish a uniform system of bankruptcy throughoutthe U.S. ADJOURNMENT TO MONDAY. On motion of Mr. GRIMES, it was hen th iadjourn today, it DISBANDMENT OF MILITIA.
Mr. WILSON. I give notice that early next week I shall move to take up the JtResolution (S.R.No. 32) to disband the militia forces in certain States and to prohibit their reorganization.
Mr. MCDOUGALL. do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, December 6, 1866. The House met at 12 o'clock m. Prayer by Rev. MANSFIELD FRENch. The Journal of yesterday was read and approved. WITHDRAWAL OF PAPERS.
Mr. HUNTER. I ask leave to withdraw from the files of the House the papers of James S. Purdy, which were referred at the last ses.sion to the ComClaims.
Mr. THAYER. I suppose it is understood that the withdrawal shall be made on the usual condition that copies of the papers be left.
The SPEAKER. That will be understood and if there be no objection, the leave asked will be granted. There was no objection. ENROLLEDJtResolution.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a JtResolution (H.R.No. 212) to appoint 2 managers for the National Asylum for Disabled Volunteer Soldiers, to fill certain vacancies; which was thereupon signed by The SPEAKer. RETURNS OF CUSTOMS COLLECTORS.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyState, transmitting, in compliance with the act of Congress of March 2, 1799, an abstract of returns made by collectors of customs in pursuance of the act of May 28, 1796; which was referred to the ComCommerce, and ordered to be printed. ExCUSED From COMMITTEE SERVICE.
The SPEAKER. In consequence of service o n other committees, the Gentfrom Iowa Allison] desires to be excused from urther service on the ComMining; the Gentfrom Indiana [Mr. FARQUHAR] from service on the Committee on the Militia; and the Gentfrom Wisconsin Mr. Conj and the Gentfrom NewYork [Mr. HART] from service on the Committee or the DistCol. If there be no objection, the Chair will understand that these gentlemen are excused. There was no objection.
Mr. PAINE. I ask the House to excuse me from further service on the ComElections. There being no objection, Mr. PAINE was excused. GOVERNMENT CONTROL OF TELEGRAPHS.
Mr. WASHBURNE, of Illinois, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComPostOffice be instructed to inquire into the expedicncy of conferring upon the postoffice Dept the telegraph jurisdiction and control over the various now in operation or hereafter to be constructed, that is now exercised over PostOffices, and to report by bill or otherwise. ReGISTRY OF WESSELS.
Mr. SPALDING, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComCommerce be directed to inquire into the expediency of granting American registers to the bark Thermutis, the schooner Etowah, and the schooner Wirrilite, all of Cleveland, Qhio, and, that said committee have leave to report by bill or otherwise. TENNESSEE CONTESTED ELECTION.
Mr. COOPER, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That Dorsey B. Thomas, who conteststhe seat now occupied in ARNELL, this House by Hon. SAMUELM. from the 6th district of Tennessee, be allowed a seat on the floor of pendency the House during the of such contest. DESERTION OF DIRAFTED MEN.
Mr. PAINE. Mr. Speaker, I offered, on last Tuesday, a resolution calling on the SecyWar for certain information in regard to deserters from the draft. The consideration of that resolution at that time was objected to by the Gentfrom Pennsylvania, [Mr. ANCONA] That gentleman is now willing that the House shall act upon it; and I ask that by unanimous consent it be taken up for consideration. There was no objection; and the House proceeded to the consideration of the resolution.
Mr. PAINE. I desire to modify the resolution in one or 2 particulars, in accordance with the suggestion of a member. I wish to specify the period to which the inquiry is intended to apply, namely, since the commencement of the late rebellion. I also wish to include a provision requiring the SecyWar to furnish us the reasons for which any drafted men have been exempted. The resolution, as modified, was read and agreed to, as follows: Resolved, That the SecyWar be directed to communicate to this House the names of all persons who, having beenduly enrolled and drafted into the military and naval service of the U.S., failed to report to the proper authorities under such draft, or showing twheerdeisfotrricatsnyanredassuobn deisxtermictpsted therefrom, in which thcy were severally enrolled and drafted, and the grounds upon which any persons so enrolled and drafted were exempted; also, the names of all persons who, under the provisions of the 2 1st section of the act entitled “An act to passed amend the several acts heretofore to provide for the enrolling and calling out the national forces, and for other purposes, ”approved March 3, 1865, forfeited their rights of citizenship and their right to incapable become citizens, and became forever of holding any officeof trust or profit under the U.S., or of exercising any right of citizens thereof.Joy desertion from the military or npaavnayl service, showing the residence and the comand regiment or ship of eachdeserter.
Mr. PAINE mtRtv the resolution was adopted; upon the table. agreed to. REMOWALS OF POSTMASTERS.
Mr. DRIGGS. I rise for the purpose of calling up a similar resolution offered day before yesterday, calling upon the PostMGenl for information, and which laid over one day under the rules, objection being made.
The Clerk read as follows: Resolved, That the PostMGenl be, and is herchy, requested to communicate to following the House the information: 1. The number and names of all postmasters in each of adjournmtheenSt States that have been removed since the of the last session of Congress. 2. The reasons in the case of each officer so removed. 3. The names of all new appointces. 4. Whether the salaries of any or all of appointees the new have been increased over that of predecessors, their and if so, to what extent in each case, and for what reasons, and to what sumssuch increase will amount in the aggregate.
The SPEAKER. It will have to lay over until regularly reached. penSION BUREAU.
Mr. TAYLOR, of NewYork, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComInvalidPens be instructed to inquire into the expediency of reorganizing the Pension Bureau, and providing clerical force and other asstsequal to the demands of its increased business, and report by bill or otherwise. BUREAU of REFUGEES, ETC.
The SPEAKER laid before the House a communication from the SecyWar, in answer to a resolution of the House of May 28, 1866, in regard to the amount of funds received by the Bureau of Refugees, Freedmen, and Abandoned Lands, from what source received, how expended, &c.; which was referred to the Committee on Freedmen's Affairs, and ordered to be printed. RemIOWALS FROM OFFICE.
The SPEAKER stated the 1st business in order to be the consideration of House bill No. 664, for the regulation of appointments to and removals from office, postponed till this morning after the reading
The SPEAKER. The Gentfrom Pennsylvania [Mr. WILLIAMs] is entitled to the floor.
Mr. WILLIAMS. I desire that the bill and amendments shall be made a special order for the same day as the one presented by my colleague, [Mr. STEveNs] I will modify my amendment offered yesterday so that it shall read as follows: Strike out section 3, and insert: SEc. 3. Abife:, That whenever a vacancy in any office, happening during the recess of the Senate, o, have been filled by the President, in accordance with the provisions of the Constitution, by granting a commission to expire at the end of their next session, it shall be the duty of the President to make a nomination for the said office before the end of the next ensuing session of that body, and in case of the nomination of any other person or persons than the one so commissioned, and the refusal of the Senate to advise and consent thereto, the office shall not be considered as vacant upon the adjournment of the Senate, but the personso commissioned shall continue to hold and enjoy the same, and exercise the functions thereof during the recess of Senate, and until he shall be either nominated and rejected, or duly superseded by a now appointment, by and with the advice and consent of the Senate. Sec. 4. Abife: That the heads of the several Depts of the Government shall hold their offices, respectively, for the term of 4 years, unless removed by the President, by and with the advice and consent of the Senate, and shall severally appoint their assts, and all other subordinate officers appertaining to their respective Depts, subject to the approval of the Senate, on report to be rmeacedsest, o that body if then in session, or if during the at the next meeting thereof, to hold for the period of 4 years, unless removed with the like concurrence of that by The SPEAKER. The modification will be made.
Mr. WILLIAMS. I move that the bill with the pending amendments, together with the bill submitted by my colleague, [Mr. STEVENs]be i.till Monday next, after the morni our, made the special order until disposed of, and ordered to be printed. The motion was agreed to.
Mr. SCHENCK. The comRetrenchment have nearly completed a bill, and only meet tonight to put their work artistically together; and f ask ieave that the bill shall be ordered to be printed in advance of the report. Perhaps !. will be ready to report before tomorrow morning. There was no objection, and it was agreed to accordingly. MORNING HOUR. The morning hour having commenced, the 1st business in order was the call of committees for reports. No reports were offered. Resolutions.
The SPEAKER stated as the next business in order the calling of the States for resolutions, commencing with the State of Maine. MURDER OF SOLDIERS.
Mr. PIKE offered the following preamble and resolution; which were read, considered, and agreed to: Whereas 3 soldiers of the Army of the U.S. were murdered in October, 1865, in SCarolina, under circumstances of peculiar cruelty, and several persons were arrested, tried, and condemned by a military commission for said murder; and whereas said persons, so condemned, were subsequently reprieved and transferred to Fort Delaware, from which they were taken by writ of habeascorpus and set free: Therefore Resolved. That a committee of 3 be appointed by The SPEAKer, whose duty it shall be to investigate the whose circumstances attending said murder, and by or, and action said repricve, transfer and discharge were made, the consideration for the same, the reasons therefor, and all the facts; connected with the same, and to recommendto the House such action, if any, as they deem the case requires; spaaipde committee to have powerto sendfor prosons and and to examine witnesses under oath.
Mr. PIKE mtRtv the preamble and resolution were adopted; upon the table. agreed to. CONGRESSIONAL ELECTIONS.
Mr. DAWES introduced a bill to fix the time for the election of Representatives and Delegates in the Congress of the U.S.; which was read a 1st and 2nd time, referred to the ComElections, and ordered to be printed. HARBORS IN CONNECTICUT. Mr. HU"BBAR.D, of Connecticut, offered the which was read, considered, and agreed to: Resolved, That the ComCommerce be instructed to inquire into the expediency of making appropriations for such harbors on the coast of the State of Connecticut as have been surveyed by the General Government during the current year, upon official dept report or estimates by the engineer of the for the same, and that they report by bill or otherwise.
Skip Skip Mr. HUBBARD, of Connecticut, mtRtv the resolution was agreed to; on the table. agreed to. SUNREN WESSELS AT SANDY HOOR.
Mr. DARLING submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComAppropriat be requested to inquire into the expediency of making an appropriation for the removal of sunken Yo. " in the vicinity of Sandy Llook, port of NewYork ARMY AND NAVY SUPPLIES.
Mr. BROOMALL offered the following resolution: Resolved, That the SecyWar and SecyNavy berequestedto furnish to the HoRep a statement of all ordnance or ordnance stores now in possession of the Government, and a copy of all contracts or orders for the purchase or construction of any additional supplies to those now being furnished. The resolution being a call for executive information, was considered by unanimous consent, and agreed to. U.S. TROOPS in Mexico.
Mr. THAYER offered the following resolution: Resolved.That the POTUS be requoisted to inform this House whether any portion of Mexican territory has been occupied by troops of the U.S., and if so, by what authority and for what purpose.
Skip Skip The resolution being a call for executive information, was considered by unanimous consent, and agreed to. Mr. THAYER mtRtv the resolution was adopted; upon the table. agreed to. AGRICULTURAL REPORT OF 1865.
Mr. ANCONA submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComPrintg be requested to inquire and report to the House why the report of the ComrAg for 1865 hbays not been printed and delivered for distribution members. PROTECTION OF LOYAL CITIZENS.
Mr. MILLER introduced a bill to protect all loyal persons in the insurrectionary States; which was read a 1st and 2nd time, and referred to the ComJudiciary. PENSIONERS OF THE WAR OF 1812.
Mr. MILLER also introduced a bill granting pensions to the soldiers of the war of 1812 with GreatBritain; which was read a 1st and 2nd time. The bill provides that the surviving commissioned and non-commissioned officers, musi cians, and privates of the Army, and the surviving commissioned and non-commissioned officers and seamen in the Navy in the war of 1812, who have received honorable discharges and are in necessitous circumstances, and have not taken part in the late rebellion, and the widows of the deceased, shall have their names States at the rate of 8 dollars a month during their natural lives, the pensions to be computed from the 1st day of April, 1865..
Mr. MILLER. I would like to have that bill passed now; and I demand the previous question upon it.
Mr. PERHAM. I hope that that bill will be referred to the ComInvalidPens, and I desire to make that motion.
Mr. GARFIELD. Will the Gentfrom Pennsylvania state whether this bill comes from a committee or not?
Mr. GARFIELD. Then I hope the House will not pass the bill.
Mr. MILLER. I insist on the demand for theip.revious question. question was taken on the demand for the previous question; and there were ayes 29, noes 74. So the House refused to 2nd the demand for the previous question.
Mr. PERHAM. I now move to refer the bill to the ComInvalidPens.
Mr. MILLER. I move to amend that motion so as to refer the bill to a select committee of 5.
The SPEAKER. Under the rules of the House, a motion to refer to a standing committee takes precedence of a motion to refer to a select committee. The question will 1st be taken on the motion to refer to the standing ComInvalidPens.
Mr. BOUTWELL. Is that a debatable question?.I. would like to hear the reason why a special committee is desired.
Mr. MILLER. The reason why I ask that the bill be referred to a special committee is that last session the standing committee reported adversely upon it, and it was referred ack to the committee with instructions to report in favor of it. The committee have a eat deal of business on hand, and I have no doubt that if the subject shall be referred to a select committee, that committee will be able to report upon it at once. There are a few of these old soldiers left, and if we intend to give them pensions, now is the time to do it.
Mr. WASHBURNE, of Illinois. I would inquire if the ComInvalidPens has not time to attend to the whole matter.
Mr. PERHAM. The ComInvalidPens have heretofore attended very care fully to all the matters that have been referred to us. I now demand the previous question on the motion to refer.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof Mr. PERHAM's motion was agreed to. Mr. PERHAM mtRtv the bill was referred to the ComInvalidPens; upon the table. agreed to. Mr. MILLER. I move that the bill be printed. The motion was agreed to. NewOrleans riot.
Mr. ELIOT. I offer the following resolution: Resolved, That a committee of 3 members be appointed by The SPEAKer, whose duty it shall be to proceed without unnecessarydelay to NewOrleans, in the State of Louisiana, to make an investigation into all matters connected with the recent bloody riots in that, city, which took place the last of July and 1st of August, 1866, and particularly to inquire into the origin, progress, and tormination of the riotous proceedings, the names of the parties engaged in it, the acts of atrocity, perpetrated, the number of killed and wounded, the amount and character of the property destroyed, and whether and to what extent those acts were participated in by members of the Louisiana organization offi." be the governmerft of and report all the facts to the House; and the Sergeant at Arms or his deputy, and the stenographer of the House, are directed to accompany the said committee; and that all the expense of this investigation be paid out of the contingent fund of the House. The said committeeshall have power to send for persons and papers and examine witnesses under placed upon the pension list of the U.S. " rol with: also to appoint a clerk, and to report such appropriate legislative action, as may be required, in view of the condition of affairs in the State of Louisiana.
Mr. NIBLACK. I would ask the Gentfrom Massachusetts [Mr. ELIoT].to accept an amendment to his resolution.
Mr. NIBLACK. The amendment I would suggest is that the select committee also proceed to the city of Indianapolis, in the State of Indiana, and investigate the riot that occurred there at the time of the visit of the President, in September last.
Mr. ELIOT. That is a distinct matter; and if the gentleman desires an investigation of it he can move a select committee for that purse. The committee I desire to have appointed will have as much as they can attend to.
Mr. NIBLACK. It would be very little out of the way for the committee to go to Indian apolis. I think the same committee can investigate both subjects.
Mr. ELIOT, I, call the previous question upon agreeing to the resolution.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. ELIOT mtRtv the resolution was agreed to; upon the table. agreed to. brinery at elections.
Mr. GARFIELD submitted the following resolution, upon which he called the previous question: Whereas it appears that the corrupt use of money itnogearry elections is becoming prevalent to an alarm extent: Therefore, Resolved, That the ComJudiciary be directed to ointo the expediency of passing a law to provide more perfectly for punishing all bribery, and to make any person ineligible at elections to office who shall be found guilty of purchasing votes.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. GABFIELD mtRtv the resolution was agreed to; upon the table. latter motion was agreed to. Courts IN Illinois.
Mr. MOULTON introduced a bill to provide for additional terms of the circuit and district courts of the U.S., in the southern district of Illinois; which was read a 1st and 2nd time, and referred to the ComJudiciary. IMPARTIAL SUFFRAGE.
Mr. MORRILL presented a JtResolution of the Legislature of the State of Vermont, in regard to guarantying equal and impartial suffrage; which was referred to the JtComReconstruction and ordered to be printed. PROTECTION OF WOOL.
Mr. MORRILL also presented a JtResolution of the Legislature of the State of Vermont, asking that the protection in favor of wool provided by the tariff bill presented at the last session of Congress receive its early consideration and attention; which was referred to the ComWays&Means, and ordered to be printed. APPofNTMENTS IN interIOR DEPT.
Mr. DRIGGS. I submit the following resolution for consideration at the present time: Resolved, That the SecyInterior be, and he is hereby, requested to communicate to this Bouse the following information, namely: 1. The number and names in each of the States and Territories of all registersand receivers of land offices, ian agents, commissioners, and other persons employed in his Dept, who have been removed rince the adjournment of the last session of Congress, together with the names of their successors, and the eansesand reasons in each case for such removalsed 3ropointments. 2. Wo: the salarios or emoluments of persons so appointed have been increased over those of predecessors; their and if so, to what extent in and in the aggregate. eachcase.
The SPEAKER. This being a call for executive information, requires unanimous consent for consideration on this day.
Mr. ELDRIDGE. I object. The resolution was accordingly laid over one day under the rule. ELECTORAL COLLEGE, ETC.
Mr. WILSON, of Iowa, submitted the follow.ingresolution, upon which he called the previous question: Resolved, That the ComJudiciary be instructed to inquire whether any legislation is necessary no to more fully regulate the powers and duties of the Clerk of the HoRep relative to the organization of the Houseat the commencement of Congress; also what, additional legislation, if any, is required toing prevent the reception and count of electoral votes, in the election of President and VEEP, from communities, not entitled to participate in such, election; and whether any other amendment of the law concerning the Electoral college is demanded by the interest of the country, and to report by bill or otherwise.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. WILSON, of Iowa, mtRtv the resolution was agreed t;o upon the table. agreed to. MARTIAL LAW.,
Mr. KASSON submitted the following resolution, upon which he called the previous question: Resolved, That the ComJudiciary consider the propriety of providing by law that it shall be duty the of the President to establishmartial law in every equnty or district of the States lately in wherein murders of citizens adhering rebellion to the Union shall take place and the lqael authorities do not oarrest, convict, and punish the murderers, and that said committee report by bill or otherwise.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. EXCHANGE OF REGISTERED BONDs. Mr. PRICE introduced, by unanimous consent, a bill authorizing an exchange of regis tered for coupon bonds; which was read a 1st and 2nd time. The question was upon ordering the bill to be engrossed and read a 3rd time. Mr. HALE. I think this bill should be referred to and considered by a committee.
Mr. PRICE. I have no objection. I move that the bill be referred to the ComBanking&Currency.
Mr. WENTWORTH. The ComWays&Means have charge of this subject. I move to amend the motion of the Gentfrom Iowa, [Mr. PRICE, ] so that the bill shall be referred to the ComWays&Means.
Skip Skip The amendment was adopted; and the motion, as amended, was agreed to. Mr. WENTWORTH mtRtv the bill was referred; upon the table. agreed to. MERCHANDISE IN BONDED waftEhouses.
Mr. DARLING submitted the followin resolution; which was read, considered, an agreed to: Resolved. That the ComCommerce be olirected to inquire into the expediency ofing by determin law the rates to be charged for storage of merchandise in all bonded wareHouses, and also for cartage on the same, and report by bill or otherwise.
Mr. DARLING mtRtv the resolution was agreed to; upon the table. agreed to. FAIRM WAGONS.
Mr. TROWBRIDGE submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComWays&Means be instructed to inquire into the expediency of placing farm wagons upon the free list in the internalrevenue law. SUFFRAGE IN DISTCOL.
Mr. FARQUHAR submitted the ; resolution; which was read, considered, an agreed to:. Resolved, That the ComJudiciary be instructed to report an amendment, to the election laws of the DistCol, excluding from the right of voluntarily suffrage within said District all persons who bore arms against the U.S or accepted office from the rebels during the late rebellion.
Mr. FARQUHAR mtRtv the resolution was adopted; upon the table. agreed to. RECoRDs of RECRUITING, Etc.
Mr. COBB submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs be, and they are hereby, directed to inquire into the expediency of providing by law for turning over to bthoeokSst, atreecgoorvdesr, nments of the several loyal States all and papers of the late Provost Mar shal Generafs Bureau now remaining in such States respectively, and which appertain to the subject of recruiting, drafting, or filling quotasof troops in such States during the late war: or if inexpedicnt, such action be deemed that provision be made for the collection of such books, records, papers, &c., at the seat of Government, their safe keeping, and that duly certified copies thereof be made legal evidence in all courts and places.
Mr. COBB mtRtv the resolution was agreed to; upon the table. agreed to. TRAvel, over THE PLAINs.
Mr. DONNELLY submitted the followin resolution; which was read, considered, an agreed to: Whereas emigration, travel, and trade, between the States of the Mississippi valley and the States of the Pacific coast have been and now are greatly interrupted by the hostility of the Indian tribes on the great plains; and whereas it is a reproach to our pGoorvteiornnment that its citizens cannot pass from, one of the national domain to danger to life and t.at the ahnaontdhser of without a few 1,000 savages: Therefore, Resolved, That the SecyWar be requested to report to this House what addition to the force of the regular Army would be required to thoroughly protect communication by 2 great routes across the continent, to wit, a route upon the general line of the Union Pacific railroad, and a general route upon the line of the Northern Pacific railroad; and that he also be requested to communicate to this House the report of the tour of inspection made during the past season, under direction of GenlGrant, through the Territories of Dakota, Montana, and Idaho to the Pacific coast. WITHDRAWAL OF PAPERS.
Mr. PHELPS submitted the following resfolution; which was read, considered, and agreed to: Resolved, That the personal representatives of Richard Hall have leave to withdraw their memorial praying compensation for lossessustainedduring the late war with GreatBritain. PROTECTION OF NATURALIZED CITIZENS,
Mr. BANKS submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComForAffrs be instructed to inquire what measures are necessary to securethe recognition by other nations of the principle that the naturalization by the U.S. of any native born subject of another State exemptssuch naturalized citizen from the performance of military service under any foreign Government, and entitles him to all the privileges of citizens of the U.S. in foreign lands, so long as he does not voluntarily renounce its rights and benefits. APPOINTMENT OF PostMASTERs. The House proceeded, as the next business in order, to consider resolutions calling for executive information, and lying over under the rule. The 1st resolution was the following, offered on last Tuesday by Mr. DRIggs: Resolved, That the PostMGenl be, and, is hereby, requested to coumunicate to following the House the information: 1. the number and names of all postmasters in each of the States that have been removedsince the Hoo: of the last session of Congress. The reasons in the case of eachofficersoremoved. 3. The namesof all new appointees. , 4. Whether the salaries of any or all the new postmasters have been increased over that of their predecessors: and if so, to what extent in each casc, and faomr owuhnattirneath soens agagregate what sums such increase will
Mr. DRIGGS. I will modify this resolution by adding these words: And whether in any case, where the salarics of postmasters have not been increased, clerks have been allowed increased salaries; and if so, how many, and what amount in each case and in the aggregate.
Mr. WARD, of NewYork. I desire to suggest to the Gentfrom Michigan [Mr. Driggs] a further modification of his resolution, so as to provide that the inquiry be carried back to the 1st of last January. A number of removals which occurred before the adjournment of Congress ought, I think, to be inquired about.
Mr. DRIGGS. I think they have been the smartest on the home stretch. [Laughter] My resolution is sufficiently comprehensive.
Skip Skip The resolution was agreed to. Mr. DRIGGS mtRtv the resolution was adopted; upon the table. agreed to. APPOINTMeNTS to Orr ICE.
The SPEAKER stated the next proposition over to be the following one, submitted by Mr. MYERs: Whereas, under the Constitution of the U.S., the POTUS has power to appoint officersof the U.S., whose appointments are established olaw, only by and with the advice and consent of the Senate, except tem porarily to fill up vacancies that may happen in the rMeacgeissstoraftteh, e Senate; and whereas the present Chief it is alleged, has, in numerous instances, failed to nominate such officers to the Senate for such advice and consentuntil its sessionhad nearly closed, and themafter rejection, reappointed them or desig innagted others in their places, thus virtually exercis the sole o:of appointment; and whereas in numerous other instances, he has, it is alleged, apointed men to office and allow ed a session of the coenn fair tme atotioenla;pse without sending in their names for and whereas he has also, it is alleged, in numerous instances, during the recess of the senate, made appointments to officewhere no vacancies had happened or existed: Be it resolved by the Senate and HoRep, That the POTUS be, and he is hereby, requested to communicate to this House at as early a day as possible, 1. The names of all persons reappointed by him after rejection by the Senate, or the names of others appointed in their stead, with a designation of the cesto which they were so appointed and the dates of their several appointments, and of their nominations to the Senate. 2. A like list and designation of all persons apointed by him whose nameswere withheld from the Senate during its sessions. 3. A like list and designation of all appointments made by him during the recessof the Senate where no vacancy had happened, and if to fill vacancies, then a complete statement of how such vacancies occurred.
Skip Skip Mr. MYERS demanded the previous question. Mr. NIBLACK moved the resolution be laid upon the table. Mr. MYERS demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative–yeas 30, nays 124, not voting 36; So the resolution was not laid upon the table. The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. MYERS mtRtv the resolution was adopted; upon the table. agreed to. Mr. MYERS demanded the previous question on the preamble. The previous question was 2nded and the main question ordered; and under the opera.tion thereof the preamble was also adopted. Mr. MYERS mtRtv the o was adopted; upon the table. agreed to. ChapLAINS OF THE NAVY.
Mr. WASHBURN, of Indiana, offered the following resolution: Resolved. That the ComNavAffrs be instructed to inquire into theoof so amending the laws as to allow chaplains in the Navy, who have served with the land forcesof the U.S. during the rebellion, to take rank from the date of such service.
Skip Skip This resolution being a call for executive information, was considered by unanimous consent, and agreed to. Mr. WASHBURN, of Indiana, mtRtv the resolution was agreed to; on the table. agreed to. RAILROAD GRANTS IN KANSAS.
The SPEAKER stated as the next business in order the consideration of a bill which was ordered to lie on The SPEAKer's table on the 26th of June, 1866, namely, Senate bill No. 320, to amend an act entitled “An act for a grant of land 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.
Mr. CLARKE, of Kansas. I move to refer the bill to the ComPubLands.
Skip Skip The motion was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. agreed to. ADJOURNMENT OWeir. On motion of Mr. HOOPER, of Massachusetts, it was ordered that when the House adjourns today, it adjourn to meet on Monday next. Meeting OF CONGRESS.
The SPEAKER. The morning hour having expired, the next business in order is the consideration of House bill No. 830 introduced by the Gentfrom Ohio, [Mr. Schexck,) which was made the special order for today. The bill was read. It provides, that the regular meeting of the 40th Congress of the U.S., and each succeeding congress thereafter, shall be at 12 o'clock meridian on the 4th day of March, the day on which the term begins for which the Congress is elected, and on the 1st Monday in January next thereafter, and on the 2nd Monday in the November next preceding the end of the term for which the Congress is elected. The 2nd section provides that section 17 of the act approved July 28, 1866, entitled “An act making appropriations for sundry civil expenses of the Government for the year ending June 30, 1867, and for other fo be so amended that no Senator or Representative in Congress, who may be a member of an immediately succeeding congress, shall receive any allowance for mileage for traveling to the place of meeting to attend the 1st session of such succeeding Congress.
Mr. BINGHAM. I would suggest to my colleague, with his permission; that he make provision that, when the 4th of March occurs on a Sunday, Congress shall meet upon the following day.
Mr. BINGHAM. I move to amend the 1st section of this bill, by inserting after the words “on the 4th day of March, the day on which the term begins for which the Congress is elected, ” the following words: Except when the 4th day of March occurs on Sunday, in the next wshuicccheceadsinegt day. Congress shall assemble on Mr. STEVENS. I would suggest to the Gentfrom Ohio [Mr. BINGHAM] whether we ought not to allow this act to conform to the Constitution of the U.S. That constitution knows nothing of a 4th of March occurring on a Sunday. This bill is now precisely what the Constitution is. If the Constitution had made any provision for a 4th of March occurring on a Sunday, it might be well to have this bill amended accordingly; but it does not.
Mr. MORRILL. I move to amend by striking out in the 7th and 8th lines of the 1st section the words, “and on the 1st Monday in oJanuary next thereafter.” These words for a meeting of Congress one month ater than the time for the annual assembling of Congress, as now fixed. In my judgment, the effect of this would be merely to swap off a winter month for a month in the dog days of summer. If this is to be the " am opposed to it. The practice with most of us is to reak up housekeeping at our homes for the entire winter, and we are quite as ready to come here on the 1st Monday of December as on the 1st Monday in January. I think, therefore, that this clause, instead of being an improvement to the bill, or upon our present prac tice, is an unwelcome feature which should not be adopted by the House.
Mr. DAWES. I desire to suggest to the gentleman whether his object will not be best accomplished by simply striking out “January” and inserting “December.” The Constitution provides that the regular time for the meeting of Congress shall be the 1st Monday in december, unless some other time be designated by law. As this bill fixes the 4th of March as the regular time for the meeting of Congress, there will be no meeting on the 1st Monday in December, unless the bill so specify.
Mr. MORRILL. I accept the suggestion of tohe jGentfrom Massachusetts, [Mr and modify my amendment so as simply to strike out the word “January” and insert in lieu thereof the word “December.” Mr. Speaker, the fact that the Christmas holidays occur during the 1st part of the congressional session, it appears to me is no great disadvantage. The early part of every session is occupied more or less by the work of the committees; and whether the House is in session or not the committees are at work. Certainly that has been my experience. I think, as I have already remarked, that the evident effect of fixing the 1st Monday of January for the meeting of Congress would be to extend our labors still later than at present into the hot season of the year. We should exchange the not undesirable month of December in Washington for the month of August, the worst of the whole season. Hence I am opposed to any o proposition and hope it will be reiected. J
Mr. WASHBURNE, of Illinois. The amendment of the Gentfrom Vermont [Mr. MoRRILL] will, as I understand, leave the time for the meeting of Congress precisely the same as it is at present.
Mr. FARNSWORTH. I move to amend by striking out the word “November” in the 8th line, and inserting in lieu thereof the word “December.”
The SPEAKER. That is not germane to the pending amendment. It can be offered as a separate proposition after this is disposed of.
Mr. STEVENS. If it be in order, I move as an amendment to the amendment of the Gentfrom Vermont, to strike out after the word “elected” in the 7th line to the end of the section, the following words: And on the 1st Monday in January next there after, and on the 2nd Monday in the November noxt preceding the end of Congress the term for which the is elected. ,
The SPEAKER. The motion of the Gentfrom Vermont is to strike out and insert. A motion to amend the amendment must be confined strictly to the part proposed to be stricken out. The amendment of the Gentfrom Pennsylvania [Mr. STEVENs] will have to be reserved.
Mr. STEVENS. My object is simply to provide for a meeting of Congress on the 4th of March, and to leave everything else as it is at present.
Mr. DAWES. The gentleman would have no other time fixed by law for the meeting of Congress?
Mr. STEVENS. No, sir. I would have the Congress meet on the 4th of March, and leave it with them to decide how long they should sit, and to what time they should adjourn. Several MEMBERs. That is right.
The SPEAKER. The Chair, if there be no objection, will regard the motion of the Gentfrom Pennsylvania [Mr. STEvens] as coming prior to the motion of the Gentfrom Vermont, which will be considered as an amendment designed to perfect the text before action on the motion to strike out the whole clause.
Mr. STEVENS. The Constitution now fixes the 1st Monday of December for a meeting of Congress, and we need not make any provision on that subject.
Mr. FAIRNSWORTH. I move to strike out “the 2nd Monday in November” and insert “the 1st Monday in December.” If my amendment and the amendment of the gentlemen from Vermont. MoRRILL] be adopted t will leave the subsequent sessions of E. gress as they are now, only providing by law for extra sessions every 2 years to commence on the 4th of March. I think that will be better. The amendment of the Gentfrom Pennsylvania [Mr. Steve Ns] does not accomplish it for the reason that this section provides the regular time of meeting of the 40th congress and each successive Congress. If you strike out that part you will only provide for one session of Congress.
Mr. SHELLABARGER, What is the question before the House?
The SPEAKER. The pending amendment is that of the Gentfrom Illinois.
Mr. SHELLABARGER. I rose to move an amendment in relation to one matter, providing for elections in States which do not hold elections before the 4th of March.
Mr. STEVENS. I move to insert after the word “thereafter, ” in the 6th line, “in addition to the present day of meeting, ” so that the 4th of March will be fixed as a new day in addition to the present day. The That will be reserved until the other motions are voted on.
Mr. GAIRFIELD. I offer an amendment further to perfect, and it is to strike out in line 7 from the word “elected” to and including the word “thereafter” in the 8th line, “and on the 1st Monday in January next thereafter, ” the same proposition offered by the Gentfrom Vermont, a few moments ago; and it seems to me the section can stand precisely as printed, if these words be stricken out, and achieve the object we desire.
The SPEAKER. The amendment is not in order except by unanimous consent, as the power of amendment has been exhausted. No objection was made, and the amendment was received.
Mr. GARFIELD. I wish simply to say, if my amendment prevail and the text be allowed to stand as it is now printed, 2 things will be done: 1st, we shall have provided by law that Congress shall meet one year on the 4th of March and the next year on the 2nd Monday of November. That will cover the beginning of each Congress and satisfy the condition of the Constitution that Congress shall meet at least once in each year. It will make the 1st meeting, on the 4th day of March, to be continued as long or as short a time as tohe Congress may itself determine, with the to adjourn to meet in the following ovember, or to meet in December or in Jan uary of the following year, if it pleases. But there must be a meeting, according to this bill, in the 2nd year on the 2nd Monday of November. Now, I do not think we ought to determine here that there shall be 3 sessions of each Congress 2 the 1st year and one the 2nd; but let us declare by law that there shall be one meeting in each year, namely, the 1st beginning on the 4th of March, and the 2nd beginning, as provided here, in November, so that the last session of Congress shall be a 4 months' instead of a 3 months' session. The 1st session may be as short or as long as the Congress may determine. I therefore propose, in order to effect what I have just stated, to strike out all after the word “elected” in line 7 to and including the word “thereafter” in line 8, so that it will read: That the regular times of meeting of the 40th Congress of the U.S., and of eachsucceeding Congress thereafter, shall be at 12 o'clock one ridian on the 4th day of March, the day onwhich the term begins for which the Congress is elected, and on the 2nd Monday in the November next preceding the end of the term for which the Congress is elected.
Mr. PRICE. I wish to make a motion to perfect the text.
Mr. SCOFIELD. I hope there will be no more amendments offered until we dispose of the present ones.
The SPEAKER. The 1st proposition is to strike out “the 1st Monday in January, ” and insert “the 1st Monday in Decembers” It will require unanimous
Mr. STEVENS. If I may be indulged, I will state that if my amendment to strike out all after the word “elected” prevails, I shall then move to modify the section so that it shall read thus: That in addition to the regular time of meeting of Congress as now fixed, there shall be a meeting of the 40th Congress, and of each succeeding Congress thereafter, on the 4th day of March, the day on which the term begins for which the Congress is elected. We thus leave the matter as the Constitution fixes it, but we make a new meeting of congress on the 4th of March according to this bill. That is what I want to get at. I am opposed to meeting before or after the beginning of December. My object is simply to confine the bill to another session on the 4th of March.
Mr. MORRILL, Why may we not legislate precisely as we think the exigencies of the country require? In the 1st place, this bill provides for the assembling of the next congress, and of all succeeding Congresses, on the 4th day of March. I believe we all agree to that. Then the next meeting of Congress, unless there shall be circumstances requirin a different time, will be on the 1st Monday o December, as now. I think about that we are all substantially agreed. But it is known that the last session of Congress, as we have expe rienced in years past, is altogether too brief for the amount of labor which we are to perform. Therefore the bill which provides for an earlier meeting by about a month appears to be wise. Now, if the amendment which I have proposed shall be adopted, we shall have one meet.ing of Congress on the 4th of March, which will be undoubtedly a brief one will last for a week or ten days, or possibly longer and then the next will occur, as now, on the 1st Mon day of December, and the last session will occur a month earlier than 1)ecember. It seems to me that is exactly what we are all after. I trust we shall incorporate it into a law so that it will be seen and read of all men.
Mr. WASHBURNE, of Illinois. Does the gentleman propose that the 2nd session shall commence in November?
Mr. MORRILL. Yes, sir, the last session.
Mr. WASHBURNE, of Illinois. That may be very convenient for the Gentfrom Wer mont and those who have their elections in Oc. tober, but it is not so convenient for those who have their elections in November.
Mr. MORRILL. I believe that the time fixed by the bill is 6 days after all the elec.tions take place. It is the 2nd Monday in November. For one, I should prefer to have them both in December, if there is any differ.ence of opinion, but the amendment which I propose simply changes the bill as to the 2nd session. If the Gentfrom Illinois or others prefer to have the 3rd or last session of Congress as now, they can move that amendment afterward.
Skip Skip Mr. WASHBURNE, of Illinois. I hope that will be done, and I now demand the previous question on the pending amendments. The previous question was 2nded and the main question ordered. Mr. MoRRILL's amendment was agreed to. The question recurring on Mr. FARNsworth's amendment, and being put, there were ayes 92, noes not counted. So Skip Skip The amendment was agreed to. The question was then taken on Mr. GARFIELD's amendment, and it was disagreed to. The question recurred upon Mr. STEvess's motion.
Mr. STEVENS. With a view of reaching what seems to be the opinion of the House, propose to modify the amendment so as to strike out the whole section and insert a new section, which has been drawn with some care. It is this: That in addition to meeting the presentregular time for the of Congress, there shall be a meeting of the 40th Congressof the U.S., and of each succeeding Congress, thereafter, on the 4th day, of Margh, the day on which the term begins for which the Congress is elected, except that when the 4th of March comesupon a Sunday the said meeting shall be upon the next succeeding day.
Mr. LeBLOND. consent of the House to make a statement on this subject. No objection was made.
Mr. LeBLOND. I do not intend to make an argument upon this subject. I. wish, however, to make some inquiries. We upon this side of the House are somewhat at a loss to know the particular object of this bill..We have an idea, however, that the President stands in the wav of some gentlemen here. We are not fully advised, and not suppose that gentlemen opposite intend to advise us fully as to the object they have in making this change.
Mr. SCHENCK. May I reply to my colleague?
Mr. SCHENCK. I understand my colleague to ask a question, and I wish to answer it.
Mr. LeBLOND. I will answer it myself; I will play the Yankee.
Mr. SCHENCK. All I wished to say was that we have not found that either the President or his supporters have stood in our way at all. [Laughter]
Mr. LeBLOND. We have never dropped I ask the unanimous him, for we never took him up. There was no occasion for us to drop that which we never took up. We neither took him up, nor did he take us up. It is true that wherever he ran into our line of policy we were bound to sustain him, as we sustain every man who is right. But we have never blindly followed the lead of the President or any other man. The Democratic party has never recognized but one leader, and that is the Constitution, and laws passed in pursuance thereof. In this particular we widely differ from the gentlemen upon that side of the Hall. Their leader by the natural law must die, and that soon, while ours may live till the end of time if not strangled by its illegal guardians who are now trying by this and other bills to paralyze one of its most important limbs. But, sir, we have never undertaken to sustain indiscriminately that which the Radicals have put in place or power; to do so would destroy any party in the world. [Laughter]
Mr. SCHENCK. I ask the unanimous consent of the House to answer the inquiry put by the gentleman upon the other side, [Mr. LeBLoND] No objection was made.
Mr. SCHENCK. The principal difficulty under which the leader of the opposite side l
Mr. SHELLABARGER. I move to amend by inserting the following as a new section, to come in after section one: Abife:, That in each State which is represented in Congress at the time of the taking effect of this act, and which shall not, prior to the 4th of March, A. D. 1867, have elected Representatives from such State to the 40th Congress, nor have by law provided for such election prior to day, that the Governor of such State shall, by proclamation made at least 2 weeksbefore the 22dof Feb ruary, A. D. 1867, order an election of such represonfitives for such State to be held on said last named day, such elections to be conducted in all respects according to the laws of said States regulating such elections. I desire to make a suggestion or 2 in regard to this amendment, which has been shown, I believe, to the members of all or most of the States interested in it, and is substantially satisfactory to them. It provides for elections to be held on the 22d of February in each of the States which shall not have elected prior to the 4th of March next, or which shall not by their own laws have made provision for such election prior to that time.
Mr. DAWES. Will the gentleman permit me to make a suggestion” It occurs to me that it may be beyond our power to command the Governor of a State to issue a proclamation as proposed in the amendment.
Mr. SHELLABARGER. That may be true in the sense intended by the gentleman. But I presume it is competent for Congress, using the official appellation of the individual as a mere descriptio personae, to designate a governor or other person as its minister or agent to make a proclamation. The Constitution, after providing that the Legislatures of the several States may, in the absence of congressional enactment, regulate the “times, places, and manner of holding elections for Sens&Reps, “ provides “that Congress may at any time bylaw make or alter such regulations, except as to the places of choosing Senators.” amendment simply proposes that Congress o exert this power conferred upon it by the Constitution; and for the purposes of this exigency alone, confining the provision to that, it provides a method by which elections may be held in each of the States whose laws do not provide for an election before the 4th of Mo. I trust that the amendment will be satisfactory to the Honse.
Mr. DAWES. Will the gentleman yield to me a moment?
Mr. DAWES. I do not rise to oppose this amendment. I think it, or something equiva lent to it, is necessary. I have prepared a bill, which is now before the ComElections, to fix a uniform time throughout the U.S. for the election of Representatives in Congress. I suggest that the gentleman's amendment might be improved by omitting all that machinery in reference to proclamations, and simply providing that in the States indicated in the amendment the 22d day of Feb ruary or some other day shall be fixed for electing members to the 40th Congress, in conformity to the laws of those States. The purpose of the gentleman's amendment ought to be carried out; and perhaps its form is better than any I could suggest; but my proposition is designed to obviate a possible diliculty, where a Governor might neglect or refuse to issue a proclamation.
Mr. HIGBY. If the Gentfrom Massachusetts [Mr. DAWES] has concluded, I ask the Gentfrom Ohio [Mr. SHELLABARGERJ to yield to me for a few moments.
Mr. HIGBY. I conceive, Mr. Speaker, that the amendment proposed by the Gentfrom Ohio would operate most disastrously with reference to the State of California, on account of the season of the year fixed for the election and the peculiar condition of our country at that season. My present judgment is that our State had better be left without any representation in Congress at the session beginning on the 4th of March, rather than that we should be required to hold an election at a season so unfavorable for the purpose. There is a very large aportion of the population of our State living in remote districts, who are almost buried under the snow during the months of December, Jan uary, February, and March so much so that in the towns in the mountains they have to burrow under the snow to cut a way from street to street. I am, sir, stating what is the fact. The snow is 12, 15, and 20 feet deep; and when we get below the snow belt, that is, in the mountain regions, we have winters when it is almost impossible for a month or 6 weeks for the people to get from town to town. It is, therefore, going to depend altogether upon the character of the season whether we can get our population to the polls or not. It will be impossible, if we have a winter such as we had in 186land 1862, for one quarter of the voters to get to the vicinity of the polls to vote. There were days and weeks when we had no intercourse between our towns during that winter. It was the same in 1862 and 1853. It is not so every winter. I am providing against this wet season which we have from time to time. It is my judgment that the bill should contain an alternative providing that the election can be held.
Mr. BIDWELL. Mr. Speaker, I agree entirely with what my colleague has said: but I will add there are other objections which may be urged to having the provisions of this bill to California. It is not so easy to hold elections in our State, with its immense territory and a sparse population in many portions of it. It costs, something to hold an election in the State of California, and then, in order to have a fair election, it is necessary that the same expensive machinery shall be put into operation to hold a congressional election as to hold an entire State election. The State of California postpones the election of Congressmen until the general State election in next September. Then we elect all our State officers, from Governor to members of the Legislature, and members of Congress. We can hold an election then that will call forth the sentiment and be a fair election in the State of California; but if we attempt to hold a i.election in the month of Feb ruary, when it is almost impossible to travel, sometimes entirely so, from one portion of our State to another, at a time when great frauds may be committed in elections, it would hardly be an indication of the sentiment of our State. Ihope, therefore, this bill will be postponed so we can have further time to perfect it, so as not to make it necessary that an election should be held in the month of February, and to see whether we cannot make an exception in the case of the State of California, at least not to make it maadatory or binding on us to I do so with attempt to accomplish what would be impossible, a physical impossibility.
Mr. DAWES. I ask the gentleman to yield to me for a moment.
Mr. DAWES. I wish to suggest a modification. I still think it were better if the Gentfrom Ohio would postpone this provision until the consideration of the bill pending in the ComElections. If this bill now before the House become a law without that provision, some section in the other bill might meet this exigency if carefully prepared. I have therefore stricken out and inserted, at his suggestion, so that it will read as follows: Abife:, That in cach State which is represented in Congress at the time of the taking effectof this act, and which shall not, prior to the 4th of March. A. f. is, have cooted Representives from such State to the 40th Congress, nor have provided for such election prior to Tuesday that day, the 2nd of February next shall be the time fixed for the holding of such election in such State or States, such election to beconducted in all respectsaccording to the laws of said States regulating said electious. I think that will accomplish just what the Gentfrom Ohio [Mr. SHELLABARGER) is after. Still, I suggest whether, after all, it would not be better to leave this matter without action. It is very apparent that this will create a sudden emergency in all the States to which it applies. It is all to transpire between now and the 4th of March, less than 3 months; and to precipitate upon States that have made no preparation and no calculation for an election, especially the State of California, the necessity of holding an election, it seems to me, would be unfortunate.
Mr. MAYNARD. I hope the Gentfrom Ohio will not withdraw his amendment. The bill that is now before the House, if may tured into a law, puts to great inconvenience all those States that have not held congressional elections, by precipitating upon them an election at an unusual and unexpected time. That inconvenience should, therefore, be made as little as possible. In order to do that it is important that this bill be matured into a law at the earliest practicable moment, and that in it there shall be a provision for holding elections in those States which have not already chosen members of Congress. Hence the importance of this amendment being attached to the bill is that as soon as this is published to the country, as a part of the law of the land, the country.will know at the same time when elections must be held in the several States for members of the next Congress, and take measures accordingly. I am aware that it will be a matter of inconvenience to many gentlemen here who infoht desire to attend the elections, and who might o be desired by their constituents to become candidates for reelection. That, of course, every one perceives, but that is an in convenience which we must submit to. If this bill passes there will be the still greater inconvenience on the part of the Representatives of some of the States of not being present at the commencement of the next Congress to take part in its organization and to find appropriate places on its committees, to say nothing of the drawing of seats. I happen to have felt this inconvenience in the 37th Congress, which was called in extraordinary session, and I have no desire that any successor of mine shall be subjected to the same inconvenience. I trust, therefore, that this bill will pass at as early a moment as lo practicable, and that this or something tantamount to it, will eapart of the bill, so that when the bill goes before the country it will fix the time when elections are to be held for the next Congress.
Mr. SHELLABARGER. I yield now to the Gentfrom Connecticut, [Mr. BRAN DEGEE]
Mr. SCHENCK. Will the Gentfrom Connecticut allow me to suggest a mode of compromising this whole difficulty?
Mr. BRANDEGEE. That would require the Governor to call the Legislature together, becausethe Legislature does not meet until the 1stMonday in April. If the Legislature were to meet before. time, there would be no Recessitfyor this legislation by Congress. That is the difficulty in the case of Connecticut, and theremay be other States similarly situated: "Lie we are heart and hand with him, and thank the gentleman for bringing the subject to the attention of Congress and the country, yet will produce a confusion there which will roult either in no election at all, or in so many ‘stems of voting that the Committee of Elec ons of the next Congress will have nothing to do but to determine contested election cases fromthe State of Connecticut. I would, therefore, suggest that a measure whichwill operate upon the detailed machinery of the elections in the different States, cov oring the whole country, is not one to be bioght forward here upon a penciled amend to it, after a 5 minutes' consultation, and to poed upon the ground merely that if it is not passednow it may not be passed at For all. that the mischief should be remedied on his bill, rather than trust to the uncer n chancesof another bill which has not been as yet even reported, and which, if reported, maynot pass here, or if passed here may not “s elsewhere, or which if passed elsewhere to meet a veto. I prefer that it should be to idered in connection with this bill; but as ! is a subject of great importance, one that old be carefully considered, I suggest that s will be postponed for a time, in order to of a provision to be properly prepared.
Mr. SHELLABARGER. I wish to make this oment in reply to the very pertinent sug ons of my friendfrom Connecticut, [Mr. Eore] I admit the practical difficul to which he has alluded. And an amendment is now being prepared which, I trust, will to those difficulties. That amendment, in otance, will provide that the elections shall old on the day named, and that the laws. of the State shalf be pursued in so far as in ornaturethey are capable of being pursued; of something of that general idea stituted ote anendment now pending. Aow, my own opinion is, and I suggest it to of colleague, [Mr. SchExck,] that the proper ow would be to postpone this. if for a ortime, and he can consider the suggestions by gentlemen from States interested, and Pare a bill which shall be as near perfect in ry respect as possible. I now yield to the outlemanfrom California, [Mr. Bidwell.] Why not alter the law of
Mr. BIDWELL. I agree entirely in the ob. ject sought to be accomplished by the Gentfrom Ohio, [Mr. SHELLABARGER] But I can perceive this difficulty, that it will be impossible to hold upon the day he has named a fair election in the State which I have the honor in part to represent. A large proportion of the population of the State of California is composed of miners, who are during the summer months in the mountains, but who during the winter months are obliged to retire to the valleys. It would, therefore, be impossibleto hold a fair election in the winter sea son, especially should the winter be inclement, as it often is in the mountaine us regions of our State. And further, if the amendment as proposed, and which is mandatory, should be adopted, and the States are obliged to hold their elections on the day therein specified or not at all, then the State of California would not be represented at all in the 40th Congress. Our elections are now held on the 1st Monday in September. If this amendment is adopted and we fail to elect in February, then we cannot be represented at all in the next Congress. Therefore I hope that the gentleman who is maturing an amendment to cover all these objections will take into consideration this fact, and provide that if the States fail to hold an election on the day named, they shall be permitted to elect at the times fixed by the statutes of their respective States. s
Mr. SHELLABARGER. I now yield a short time to the Gentfrom California, [Mr. HIGBY]
Mr. HIGBY. Without repeating any of the arguments I used when I addressed the IHouse before, I think I can show the utter impracti cability of the proposition of the Gentfrom Ohio, [Mr. SHELLABARGER]
Mr. Roffiss." Will the Gentfrom California [Mr. HIGBY] yield to me to make a proposition?
Mr. HIGBY. I will with the consent of the Gentfrom Ohio, [Mr. SHELLABARGER, ] by whose courtesy I now hold the floor.
Mr. ROLLINS. I would suggest that the HOuse now adjourn, and let this subject come up again for consideration when we meet on next. In the mean time the gentlemen representing the several States interested in this subject can consult together and prepare an amendment which will meet the objections which have been raised against this proposition. With that view I move that the House now adjourn. The motion was agreed to; and accordingly (at 5 minutes before 3 o'clock p. m.) the House adjourned until Monday next.
Skip Skip PETITIONs, Etc. The following petitions, &c., were presented under the rule and referred to Mr. BENJAMIN: the appropriate committees: The petition of Crooks, William of Clark county, Missouri, a soldier in the war of 1812, for a pension. Mr. COBB: The memorial of Thomas Garvey, a wounded soldier of the 7th Veteran regiment, Wisconsin volunteer infantry, for redressof griev tin(“Cs. Mr. FCKLEY: The petition of John Harris, and 170others, citizens of Salem, Columbiana county, Ohio, in favor of impartial suffrage. Mr. LAFIIN: The petition of L. L. Merry, of Ilion, NewYork, for relief from payment for stamps burglariously taken. Mr. VANHORN, of NewYork: The petition of 118citizens of Monroe county, NewYork, asking the passage of a law granting pensions to the survi worsef the war of 1812.
@@@IN SENATE SENATE. Monday, December 10, 1866. Prayer by Rev. J. W. PARKER, D. D., of Boston. The Journal of Thursday last was read and approved. on. WILLIAM SPRAGUE, of RhdIsland, and Hon. B. GRATz BRow N, of Missouri, appeared in their seats.
Mr. SUMNER. The ComCommerce is suggested. I move the reference of this memorial to the ComCommerce. It was so referred.
Mr. POLA Ni). I offer certain resolutions.adopted by a convention of wool growers held at?o, Falls, V crimont, on the 12th of November, 1836, in favor of an increase of the duty on all importations of foreign wool, which I, ask to have printed and referred to the ComFinance.
Mr. SUMNElt. Before those resolutions are received, I should like to ask the Senator whether they are in writing or merely taken from a newspaper? I merely ask the question with reference to the usage of the Senate.
Mr. POLAND. They are from the secretary of the convention.
The PRESIDENT protempore. reading of the resolutions asked for? Mt. POLAND. The resolutions are some what lengthy. I do not deem it necessary that they be read. I move that they be printed and referred to the ComFinance. The motion was agreed to. PAPERS WITHDRAWN. On motion of Mr. WILSON, it was Ordered, That Selena Barclay have leave to with draw her petition and papers (praying for componsation for lossessustained by her in the destruction of the Gosport navy yard in April, files of the Senate. 1831)from the ReportS FROM COMMITTEES.
Mr. WADE from the ComTerrito ries, to whom was referred the bill (S.No.456) for the admission of the State of Nebraska into the Union, reported it without amendment. OFFICIAL TENURE.
Mr. EDMUNDS. The joint select committee on retrenchment, to whom was referred e bill (S.No.453) to regulate the tenure of In writing or in printed Is the offices, have had the same under consideration, and have instructed me to report the bill back, with a recommendation of certain amendments, which being adopted the committee are of opinion that the bill ought to pass. I beg leave to say in connection with this report that we have reported this bill and these amendments regulating removals from office and appointments to office so far as concerns officers whose nominations require the confirmation of the Senate, and have adopted what appears to us to be a feasible scheme in that respect, in no spirit of hostility to any party, or administration whatever, but in what we conceive to be the true republican interest of the country under all administrations, under the domination of all parties in the growth which is before us in the future; and in that spirit I shall ask the attention of the Senate to the bill when it comes to be considered. I move that the amendments be printed, and that the bill be made the special order for Thursday next, at one o'clock.
The PRESIDENT protempore. The amendments will be fofo the bill under the rule. A motion in regard to the bill can be entertained only by unanimous consent, as no action can be had on a bill on the day it is reported except by unanimous consent. The Senfrom , moves that this bill be made the special order for Thursday next, at one o'clock in the afternoon. No objection being made to the motion, the Chair will put it to the Senate.
Mr. FESSENDEN. I do not know that I shall object; I would as soon agree that this bill be made a special order as any other; but I wish to warn the Senate against embarrassing themselves at this early period of the session with special orders. They have been found heretofore exceedingly embarrassing. They generally interfere with each other, and I think effect nothing in the way of facilitating action upon any particular bill. I suggest to the senator whether it would not be as well for him to give notice that he will call it up on that day, and thus, I think, effect all his purpose without having these special orders entered, as thore will be many of them on the Calendar. I shall not, of course, interpose any objection, but I rose merely to make the suggestion to my friendfrom Vermont in case he considers it favorably.
Mr. EDMUNI)S. I am quite willing to adopt the suggestion of the honorable Senfrom Maine. I agree to the propriety of what he says, and as he has been here long enough to take the responsibility of initiating such a course of proceeding. I am quite willing to follow it, and to waive the motion that i have made, with the understanding that if I think it proper here. after I shall insist upon the same objection, which I conceive myself is advantageous to the administration of business.
The PRESIDENT protempore. The motion to fix Thursday next as the day for the special consideration of this bill is withdrawn. BILLS INTRODUCED.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.460) in relation to persons imprisoned under sentence for offenses against the laws of the U.S.; which was read twice by its title, and referred to the ComJudiciary.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.461) to aid in the construction of the SanFrancisco Central Pacific railroad; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.462) to admit the State of Colorado into the Union; which was read twice by its title, and referred to the ComTerritor.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.463) for the relief of Rev. Samuel M, Beatty, of Ohio; which was road twice by its title, and referred to the ComClaims.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.464) in relation to the records and other papers in the office of the Clerk of the U.S. court for the southern district of mississippi, which have been lost or destroyed: which was read twice by its title, and referred to the ComJudiciary, Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a JtResolution (S. lt. No. 147) amending the 9th section of an act to amena an act entitled “An act to provide for the better security of the lives of passengers on board of vessels propell.d in whole or in part by steam, and for other purposes, ” approved August 30, 1852; which was read twice by its title, and referred to the ComCommerce. PAYMENT for PRFyiptioxs.
Mr. RAMSEY submitted the following resolution; which was considered by unanimous consent, and agreed to ResolvedT.hat the ComPubLands be directed to inquire into the expediency of making the agricultural andmechanical college land scrip receiv able in payment for precmptions. REPORT OF COLUMBIAN INSTITUTION.
Mr. ANTHONY submitted the following resolution; which was considered by unanimous consent, and referred to the ComPrintg: Resolved, That the Public Printer be, and he is hereby, directed to cause to be accompanying engrayed the drawings the annual report of the Columbian Institution for the Deaf and the pumb; and he is also directed to print for the use of the institution 1,000 additional copies of said report, insorting therein, as well as in pressions the copies already printed, iln of the drawings above ordered. GOVERNMENT TELEGRApril N.G.
Mr. BROWN submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved. That the ComPostOffices be instructed to inquire into the expediency of authorizing the postoffice Dept to construct and operatetelegraph lines along the principal inail routes, or such of them as it may deem necessary, or to contract with such lines as may.be already established, if. }. that shall be deemed ine re for the use and control of such lines, and in connection with its postal business to establish offices at such points as may be determined upon. open at all hours to the public and the press for safe and speedytransmission of dispatches under proper regulations and at fixed in miniulum rates; the committee to report by bill or otherwise. in Ouste bills referrer).
The PRESIDENT protempore. The Chair will lay before the Senate certain bills received from the HoRep just prior to the adjournment of the last session, which were laid upon the table and remained undisposed of at the adjournment. The bills were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 632) to authorize the building of a military and postal railroad from Washington, DistCol, to the city of NewYork to the ComMilAffrs . A bill (H.R.No. 715) setting aside certain proceeds from internalrevenue for the erection of penitentiaries in the Territories of Nebraska, Washington, Colorado, Idaho, Montana, Arizona, and Dakota to the ComTerritor. A bill (H.R.No. 793) to provide increased revenue from imported wool, and for other purposes to the ComFinance. A bill (H.R.No. 811) for the relief of certain drafted men to the ComMilAffrs . A bill (H.R.No. 818) for the relief of Nor man Wiard to the ComClaims. A bill (H.R.No. 819) for the relief of Richard A. Vervalen, and others to the ComPatents and the Patent Office. DIRECT TAX of WESTVIRGINIA. The JtResolution (S.R.No. 90) to suspend temporarily the collection of the direct tax within the State of WestVirginia, which had been returned from the HoRep at the close of the last session with an amendment, was taken from the table, and, with the amendment, referred to the ComFinance, and ordered to be printed.
Mr. HOWE. I move that the Senate proceedto the consideration of Senate bill No. 279. file motion was agreed to; and the Senate proceeded to consider the bill (S.No.279) for the relief of loyal citizens of Loudoun county, Virginia.
Mr. HøWE. I now move that it be recommitted to the ComClaims. The motion was agreed to. Pt). Eit or AMNESTY AND PARDON.
Mr. TRUMBULI. I move that the Sonate W. to the consideration of the bill (H.R.No. 828) to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862.
Mr. MofirilL. Mr. President, I gave notice last week, as the honorable Senfrom Illinois may recollect, that today I would endeavor to call up the bill which has been so king before the Senate, for the extension of fuffrage in this District. As the motion which the honorable Senator has now made will probably involve discussion, I hope he will allow me to go on with that bill at this time. I appeal to the Senfrom Illinois to yield to me, and allow me to take up that bill, of which notice was given in the early part of last week.
Mr. TRUMBULL. The bill to which I have talled attention is very short, and consists of but a few lines. There was manifested on the part of the Senate some days ago, when the inction was made to refer the bill, an anxiety to have it acted upon. The ComJudiciary have since considered it and reported it back. I imagine that it is not a bill which will ive rise to any very considerable discussion. presume not, though I do not know what may be the temper of the Senate. I do not wish to antagonize one bill with another; but this is the morning hour, and it is possible that the bill may be passed before the hour of one o'clock arrives.
Mr. SUMNER. The Senfrom Indiana [Mr. HENDR1cks] has given notice that he intends to discuss it.
Mr. TRUMBULL. If Senators are lo. to discuss the measure, we may as well hear their speeches now as at any other time. It is not by way of antagonizing it to any other bill that I move to take up this bill now, but because there was manifested on the part of the Senate last week a disposition to have early action upon it, and I considered it my duty, having charge of the bill from the ComJudiciary, to move to take it up at the earliest opportunity. I submit the matter to the Senate. If there is a disposition not to take it up, be it s;o I shall have discharged my duty in reference to it. I leave it to the Senate to do as they think proper. I do not know but that we can consider both measures during the day. I certainly do not wish to be put in the position of antagonizing this bill against the one which the Senfrom Maine has in charge.
Mr. MORRILL. if I am to understand that the Senator will be content to go on with his bill until one o'clock and will allow my bill to come up at that time, I certainly shall not object. While I disclaim any personal desire on the subject, this bill is so situated, and m own tonnection with it has been such, } shall feel obliged to ask a decision of the senate on the question of taking up the bill named by the Senfrom Illinois, if it is insisted upon.
Mr. SUMNER. The bill which the Senfrom Maine has in charge is entitled “No. 1”' on the Calendar of the Senate. It is No. 1 in time, and I think it may also be called No. 1 in importance. I think we ought not to lose any $o. to take that bill up and pass.We ought not to allow any other measure be interposed. Therefore, while I am very Illinois, I must express the hope that he o will it to be proceeded with after we have disposed of the other question, which has been so much longer on the Calendar of the Senate. Let us, so far as the Senate can do it, give suffrage to the colored race in the lostrict on this day,; let us signalize this 1st day of actual business by finishing that great act; and then during the retainder of the afternoon we can proceed with the bill of the Senator; but I. that he will not press his bill to the exclusion of this other.
The PRESIDENT protempore. Is the Sonate ready for the question on the motion of the Senfrom Tiline is, that the Senate now proceed to the consideration of bill No. 8282 House The motion was not agreed to.
Skip Skip . A message from the HoRep, by Mr. Lloyd, its Chief Clerk, announced that the House had passed a bill (H.R.No. 830) to fix the times for the regular meetings of Congress, in which the concurrence of the Senate was requested. The message further announced that the House had passed the bill (S.No.327) granting a pension to Mrs. Katharine F. Winslow. The message further announced that the House had passed the bill (S.No.69) to provide for the payment of pensions with an amendment, in which the concurrence of the Senate was requested. I'ENSION AGENTS.
Mr. LANE. I ask to have the bill just returned from the House with reference to pension agents taken up, with a view to refer the bill and the amendment of the House.
The PRESIDENT protempore. If there be no objection the Chair will lay before the Senate the bill (S.No.69) to provide for the payment of pensions, which has been returned from the House with an amendment.
Mr. LANE. I move to refer the bill and the amendment to the ComJudiciary. There is simply a legal question raised by the amendment of the if. } which I think should go to that committee instead of to the Pension Committee, although the subject matter would seem to belong to the Pension Committee. The question raised is this: the House propose by their amendment that the pension agents appointed since the 1st of december shall not exercise the duties of their office until they shall be confirmed by the senate. Under the present laws the SecyInterior has a right to make those appointments. The question now is, whether, he having made the appointments under the existing law, the offices can be vacated by a law of Congress. I suppose that to be a proper question for the consideration of the jo, Committee.
Mr. TRUMBULL. Why, Mr. President, that certainly is no question at all. There is no judicial question about that. As a question of power Congress may abolish the office of pension agent any day. It may abolish the whole of them, if it thinks proper, tomorrow. It is a mere question as to the propriety of the mode of appointing these officers. There can be no doubt that Congress has authority at any time to abolish any office which it has cre ated by law. I apprehend that the bill had better remain with the ComPensions, who have had charge of it heretofore.
Mr. LANE. I have no doubt now of the propriety of referring it to the ComJudiciary, inasmuch as the learned chairman of that committee seems so perfectly confident with reference to that question. It is not a question as to whether Congress has the power to abolish pension agents or not, but it is a question whether the pension agents havin been appointed legally, and they having entere upon the discharge of their duties, we may say that the office shall then be vacated until further conditions are complied with. I think it does involve an important legal question, and I earnest for the proposition of my friendfrom should like very mach to have the light of the ComJudiciary munited upon it, innsbruch as the Pension Committee have already reported the bill without such an armendment and adverse to it.
Mr. TRUMBULL I of course cannot answer for the ComJudiciary; 1 only speak for myself; but as a question of power, it seems to me there can be no doubt about it at all. If the Senfrom Indiana has doubts he had better investigate it, for I really should not know how to enter upon the investigation of the question as to the power of Congress to limit the tenure of an office that has been created by law. I suppose that it manifestly has that authority. Whether it is proper to abolish the office of pension agents or to limit the tenure by which they hold them is another question, and one very proper for the ComPensions, which has been considering this matter. It seems to me that is the proper place for this bill. However, sir, I shall enter into no controversy with the Senator about it. I suggest to him that the proper disposition of it is to refer it to the ComPensions. If the Senator thinks proper to send it to the ComJudiciary, as one member of the committee I certainly shall try and dispose of it as best we can. It is a matter, however, that that committee has not investigated at all. We have not been looking into the question of pensions, as to their mode of payment, or the appointment of the pension agents, as it, of course, would involve an investigation of questions not appropriately belonging to that committee.
Mr. LANE. The Senfrom Illinois does not seem to take the distinction. This is not a proposition to abolish the office of pension agents, but it is simply this: pension agents who have been appointed under the existing law and have entered upon the discharge of their duties, by this amendment are not permitted to go on until they have been confirmed by the Senate. This will be a law passed altogether after they have entered on the discharge of their duties. It is not to abolish the office. The same agents are continued underit on the condition of confirmation; but they are not to continue if they are not confirmed, although they have been appointed under the existing law and their appointment is entirely legal up to this point. It is retro. spective. Their appointment when made was legal. We purpose now to make it illegal by a subsequent act, retroactive in regard to a subject over which I fear we have no power. I wish to do all that the amendment contein plates, but I doubt very much whether we have the power to do it.
The PRESIDENT protempore. The question is on the motion of the Senfrom Indiana, to refer the bill and amendment to the ComJudiciary. The motion was agreed to. SUFFRAGE IN THE DISTRICT.
Mr. MORRILL. I move to proceed to the consideration of Senate bill No. 1. The motion was agreed t;o and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.1) to regulate the elective franchise in the DistCol.
The PRESIDENT protempore. The bill is before the Senate as in ComWhole, and the question is on an amendment moved by the Senfrom WestVirginia [Mr. WilLEY] to the amendment reported by the ComDistCol. The amendment reported by the committee and the amendment to that amendment will be read.
Mr. MORRILL. As the bill is not a long bill, and has not been read this session, I ask for the reading of the whole bill.
The Secretary next read the amendment of Mr. WILLEY, which was to strike out the 1st section of the committee's amendment, and in lieu thereof to insert: That in all elections to be held hereafter in the DistCol the following describedpersons, and those only, shall have the right to vote, to wit: 1st. All thosepersonswho wereactually residents of said District and qualified to vote therein at the elections held therein in the year 1865, under the statutes then in force. 2nd.All persons, residents of said District, who have been duly mustered into the military or naval service of the U.S. during the late rebellion, and have been or shall hereafter be honorably discharged therefrom. 3rd. Male citizens of the U.S. who shall have attained the age of 21 years, (excepting paupers, persons noncomposmentis, or convicted of an infamous offense,)and who, being residents of the ward or district in which they shall offer to vote, shall have resided in said District for the period of one year next preceding any election, and who shall have paid the taxes assessed against them, and who can read, and who can write their names.
The PRESIDENT protempore. The paper will be read, no objection being interposed.
The Secretary read as follows: “NEGRO SUFFRAGE CoNGRESS Shot: LD PAUSE. We learn that Mr. Morrill, will, at an early day, call up the bill conferring the ballot upon the negroes of the DistCol. We would admonish Mr. MoRRILL not to be over hasty in his action, and we would suggest to Congress, as well as to all others who profess to be friends of the colored race, to pause, to weigh well their action, as the of of suffrage upon the blacks of this District would be to them a most evil thing. The people of Washington andGeorgetown, many of them, are the descendants of proud, dignific? and haught families, of men who could distinguish between black and white, Qí men who were not blinded by fanaticism, and who taught their children to read the Bible, in which, no doubt, they must have read the following: "Cursed be Canaan, a servant of servants shall hobo unto his brethren.' “The people of the DistCol, those of them who are sound minded, and the majority of them aro, cannotionf with favor upon any action of Congress which would place them politically upon an equality with the descendants of Ham, with those who, by the fiat of Heaven, are destined not only to serve, but to be the servants of servants. The conferring of suffrage upon, the blacks of the District would be the cause of their destruction. It would infuse into, those benighted people, a people, which, by nature, birth, and education, are unenlightened, a false idea of theo of liberty, which would array them in deadly antagonism against the superior race, and the result would be damaging to the negroes. As a body, they are servants, dependants, and the probabilities are that employers would, in sueh an event, discontinue their services; and should they go to the pools to deposit their ballots, the prob." are that they would not all return to their oine s. “For these, and other reasons, we conjure Congress not to be hasty in its action on this matter.”
Mr. MOFRILL. Here it will be seen an appeal is made to Congress not to make haste cored citizens of this District. Pause, it is said, because to do so will be an evil thing to the freedman. Why? It is said it will cause his destruction. o That he will be frantic with his liberty, and become insurrectionary, seditious, in the phrase applied to him on another occasion when he was about to be emancipated, that he will become a vagrant and a vagabond, and abuse his liberty and the rights of other parties? No; nothing of that sort. How, then, would this work his destruction? Why, sir, we are told that a portion of the people of this District are descendants of a proud, dignified, haughty race of men; men who know the distinction between white and black, men who have read the Bible and who have inculcated the doctrine to their children that “cursed is Canaan, a servant of servants shall he be.” They have inculcated to their children the doctrine that it is the fiat of Heaven that he shall be a servant of servants to the end of the world. Now, if Congress undertakes to repeal this fiat of Heaven, if congress undertakes to grantaF and a right to the colored citizen which is against this doctrine, what then? Why, you offend the prejudices, and you mortify the pride, and you humiliate the arrogance of these people, and the result is what? They have the command of the polls, and whenever by your authority these colored people come to the polls to de!. their votes, what is to be the result? et uS See: “Should thcy go to the polls to deposit their ballots, the probabilities are that they would not all return to their homes.” So, it is an evil thing to extend the right of suffrage, and by our misguided zeal we are in danger of working the destruction of the colored race. I think that is the logic. I think that is the inevitable inference of this paper.
Mr. WILSON. What paper is it that makes that threat? “
The PRESIDENT protempore. In the opinion of the Chair an amendment is not now in order. The amendment of the Senfrom WestVirginia is an amendment to an amendment. That amendment can only be amended by the consent of the mover.
Mr. MORRILL. I ask for a division of the question, if it is susceptible of it, so that we may take the question in the 1st place on the 1st proposition of the Senator's amendment, which is: “All those persons who are actual residents of said District, ” &c.
Mr. ANTHONY. I wish the Senfrom Maine would state what amendment he proposes to make in case this should not be adopted by the Senate.
Mr. MORRILL. The proposition I intended to make is contained in l. 3rd clause of the amendment of the Senfrom WestVirginia.
The PRESIDENT protempore. The Chair will state that the motion of the Senfrom WestVirginia, being a motion to strike out and insert, is not a divisible motion. It is in the power of the Senfrom Maine, however, to move to perfect either the matter which it is proposed to strike out, or that which it is proposed to insert. The Senfrom Maine may move to strike out any part of the amendment offered by the Senfrom WestVirginia, and that may accomplish the purpose he has in View.
Mr. MORRILL. With a view of bringing the attention of the Senate to the questions directly before the body presented by this measure, I move to strike out the 1st clause of the amendment; and I will now state to the Senate precisely how the bill stands, and what will be the question on that.
Mr. BROWN. The 1st clause of the committee's amendment?
Mr. MORRILL. No, the 1st clause of the amendment proposed by the Senfrom WestVirginia. s the bill now stands, it simply extends the right of suffrage to all the citizens of this District, excepting persons not of full age, persons noncomposmentis and insane persons, and persons who were engaged in the late rebellion. This is the bill as it stands. The amendment of the Senfrom WestVirginia is i. that all persons who were actual resi of the District, and qualified to vote therein in the elections held in the year 1865, under the statutes then in force, may vote. The Senate will see that if they are in favor of the restriction disqualifying those who went into the rebellion it will be inconsistent to adopt this amendment, because this might allow such persons to WOto.
Mr. FESSENDEN. I suggest to my colleague that the purpose would be accomplished more readily if the Senfrom WestVirginia would amend his amendment; and, perhaps, he will agree to insert in his amendment the words, “excepting persons who have voluntarily given aid and comfort to the rebels in the late rebellion.” You do not want to say anything about having left the District; but make a special exception of persons who have voluntarily given aid and comfort to the rebels in the late rebellion. If the Senfrom WestVirginia would insert that exception in his 1st clause, it would free it from the difficulty which my colleague suggests. I suppose it to be in his power to do so.
Mr. WILLEY. If the Senfrom Maine [Mr. FEssenDEN] had heard the remarks which I made a little while since he would have seen that I do not concur in the propriety of making such an exception. I stated my view of the case to be that a proposition to disfranchise those in the DistCol who had been engaged in the rebellion stood upon very different reasons from those it would stand upon in any of the States where the voter had the exercise of any political, power. I stated that in the DistCol the people had no political power, and therefore the exercise Pthe right of suffrage could in no wise affect the policy or foundation, the integrity or the principles of the Government; and that if it was proper to extend to the people of the DistCol the enjoyment of mere civil rights, to protect them in their persons and in their estates, I thought, and I still think, it would be rather harsh to deprive them of the right of selecting municipal officers, and of voting upon all subjects which weuld be affected by the right of suffrage in the District affecting their local and municipal interests. For these reasons I decline to accept the proposition suggested by the Senfrom Maine.
The PRESIDENT protempore. It is moved that the amendment to the amendment now pending be amended by striking out the clause named by the Senfrom Maine, [Mr. MorRILL] This is in order, as it is to perfect the words proposed to be inserted before the question is put on the insertion.
Mr. MORRILL. I will say in a single word that those who are satisfied with the bill, “pure and simple, ” as the phrase is, as it comes from the committee, and desire to make no further restriction, ought to vote down these amendments; while those who are in favor of making a further restriction, as contained in the last line of the 3rd clause, which is “who can read and write their names, ” can vote down the 2 1st clauses of the amendment and save that; and that is all there is in the proposition of the Senfrom WestVirginia.
The PRESIDENT protempore. The question is on the motion to strike out the clause alluded to. The motion was agreed to.
Mr. MORRILL. I now move to strike out the 2nd clause.
Mr. BROWN. Why not strike them all out, and make that amendment which you propose a separate one hereafter?
Mr. MORRILL. I shall reach the same thing by bringing the Senate to a vote oning strik Out.
Mr. FESSENDEN. The object can be accomplished by simply rejecting the amendment of the Senfrom WestVirginia.
Mr. MORRILL. I move to strike out the 2nd clause and all of the 3rd clause down to the word “and,” in the 18th line. That leaves the qualification “who can read and who can write their names.”
Mr. BROWN, and others. Vote it all down.
Mr. MORRILL. On the whole, I think I had better withdraw my motion and then let the question be on adopting the amendment proposed by the Senfrom WestVirginia. That will test the sense of the Senate.
Mr. WILSON. It is true, Mr. President, that I visited the State of Delaware during the last canvass; and knowing very well that I was in a State where not much progress had been made, I acted somewhat on the scriptural principle of giving “milk to babes.” I had, however, for many a year been in the habit where ever I had spoken, in the Senate and in the country, in my own State and other States, in the East, in the center, and in the West, of giving the “strong meat” of equal suffrage. If the Senator has a copy of my speech to which he refers, which was, I believe, printed in am.phlet form and distributed over his State, find that I laid down the broad principle that I would give to every man of any race, color, or condition the same rights and privileges that I possessed myself, or that anybody in the country possessed. I do not know that the Senator acted in regard to that statement of mine as did some of the presses advocating the cause of his party and some of their speakers but I know that some of them took occasion to indulge in sneers at the declaration that I regarded every man before the law of my country my peer and my equal, whether he was a white man or a black man. I certainly laid down doctrines plain and clear which the Senator had a right to understan meant giving to colored men all the rights and all the privileges of citizens of the U.S.
Mr. SAULSBURY. Mr. President, I have accomplished my purpose. If the Senator considered that he was among babes he ought to have given them pure milk, and ought not to have diluted it too much with water. I only wanted the Senator to acknowledge that he had not spoken fully out his real opinions on this subject. He assigns the reason that we were babes and not prepared for strong meat. Perhaps we shall get strong enough by another lection, and I hope that the Senator will then ring not only his milk can, but his meat basket, and that he will extend his visit beyond the capital of the State and come into the lower portion of it where I reside, and I assure him that there we not only drink milk, but we are in the habit of eating very strong meat.
Mr. ANTHONY. I understand that it is in order to perfect the words proposed by the Senfrom WestVirginia to be inserted in lieu of what it is moved to strike out.
Mr. ANTHONY. Then I offer the follow.ing amendment, to come in at the end of the matter proposed to be inserted: But no person shall have the right to vote who in any way gave aid and comfort to the enemy during the late rebellion.
Mr. ANTHONY. It is suggested that the word “voluntarily” should be inserted in my amendment, so as to be read “those who voluntarily gave aid and comfort.” I will also modify the amendment by substituting the word “rebels” for “enemies.” I cannot respond to the nppeal of my friendfrom Massachusetts to withdraw the amendment. I did not suppose it would meet the opposition of a single Senator, and least of all of the Senfrom Massachusetts. There is no class of people, black or white, male or female, old or young, that I would disfranchise so quickly, or that I would enfranchise so reluct. antly, as those who have taken up arms against the country; and all the embitterment which that may cause, and I have no doubt it will cause a great deal, is a very healthy embitterment, which I think we should not attempt to conciliate, but should rather put down.
Mr. FESSENDEN. It does not propose that. The penalties of treason still remain.
Mr. COWAN. it proposes to impose a punishment for a specific offense. Whether it proposes to exempt them from punishment for the crime of treason I am not prepared to say; breause there is nothing in the amendment which throws any light upon that subject: but the fair inference is that.is to be satisfied if he attains this end, that this is to be a condo nation of the offense, this is to be in full discharge of it. But to pursue the other idea a moment further: if he supposed these people guilty of murder, what would be thought of the proposition in that case? And yet treason is a crime of infinitely greater magnitude, of infinitely decper dye than murder. in the case of mur der how many inen would rise in their places and protest against the imposition of such a penalty as this upon the murderer, even in addition to the others? The Senfrom Maine suggests that the penalties for treason still remain. Suppose they do and are to be executed according to the law, what is this additional penalty worth? Of how much effect will be disfranchisement after a man has suffered the capital penalty, after his neck is broken? So that upon either horn of the dilemma it is an absurdity. Impose such penalties upon the offender as he has o by his crime; impose them in that dig nified manner and according to the forms of the law which have been sanctified by ages and which every lawyer at least ought to stand by and stand upon, as he knows they are the molds in which liberty and freedom are cast, and in which they are preserved; let it be done decently and in so and now, after the great struggle for national existence is over, after the smoke has cleared away from the battle field, after a new and a better Union rises in the prospect, let us not degrade ourselves in the eyes of coming posterity by such trifling as this.
Mr. ANTHONY. Mr. President, I do not know of any Senator who can pile up objections or sweep them away more readily than the Senfrom Pennsylvania; but certainly I did not expect to have the amendment objected to upon such grounds. The 1st is that there is no mode of ascertaining this disualification provided in the amendment. 'here is a mode in the 6th section of the bill which.provides for ascertaining all the and I apprehend it is no more ificult to ascertain whether a man has violated this condition than it is to ascertain whether he is of the lawful age, whether he has been the proper time resident in the District and in the ward where he offers to vote. I suppose that will be ascertained, 1st, by the evidence of the person offering himself as an elector, and then by the evidence of other persons that imay be adduced, all given under the pains and penalties of perjury; and if a man who has given aid and comfort to the enemy should come forward and offer to vote and should make oath that he had not given aid and comfort to the enemy, he could then be tried for orjury
Mr. ANTHON.Y. Certainly; and if a person who was 20 years of age should come forward and swear that he was 21 he could vote; if a man should come in and swear that he had been here a year, when he had been here only 6 days, he would vote, but he would vote under the penalty of the law. The law provides the same penalty for illegal voting in that respect as in others. I am sure the Senfrom Pennsylvania does not differ from me in holding that suffrage is not a natural right, but a right derived from society, and society has perfect power to impose any conditions that it sees fit upon the exercise of that right. Here is a bill to extend that right to certain other persons, and because a class of persons are excluded from that privilege he says it is an expostfacto haw, and a man is punished by it! This is not a bill to punish people; it is a bill to enfranchise people; but it excepts from the enfranchisement cierta.in persons; and the Senfrom Pennsays that is imposing a } Oil em for a crime committed before the law was passed!
Mr. COWAN. If the honorable Senfrom RhdIsland will allow me, I am perfectly free to say that if these people never had a to vote before then he could except any of them he chooses. For instance, this is a bill to enfranchise the people of color of this city. It is not necessary that it should enfranchise all of them. It may exclude a many of them as it chooses. But the point I make is, that here is a man who has by law this right, and you propose to take it away from him by way of penalty.
Mr. ANTHONY. He has no right to vote now, because he is guilty of an infamous offense, and is not allowed to vote under any law. It works no injury upon such persons.
Mr. FESSENDEN. We have a right to change our laws in regard to suffrage.
Mr. COWAN. You cannot exclude him for an infamous offense until convicted.
Mr. ANTHON.Y. Does the Senator hold that we cannot change the law of suffrage by restricting it without imposing a penalty on all those who have ever exercised it? I think that is only more trifling he will allow me to use his own word than the allegation that because we refuse to allow a man to vote on the ground that he has committed treason, therefore we condone the offense ! I do not see how the refusal to permit a man to vote on account of having committed an offense condones that offense, or how he is thereby relieved from the penalty of the law. I think that if we can have no stronger objections than those which my friendfrom Pennsylvania has urged. I shall have the unanimous vote of the Senate for the amendment.
Mr. BROWN. Mr. President, I do not in tend to argue just at this moment the question of disfranchising all who have participated in the rebellion; I may have occasion to say something about that when the question comes up in another shape; but as I understand it, the motion of the Senfrom RhdIsland is intended to perfect the amendment offered by the Senfrom WestVirginia, which amendment contemplates requiring a test of reading and writing as a qualification for voting. I am opposed to that requirement. I do not think it is wise; I do not think it is right; and I therefore shall not vote in any way to perfect an amendment which has that in it. For that reason I shall cast my vote against the amendment offered by the Senfrom RhdIsland. I do not wish to see that clauseingrafted on the bill, and I do not want to see it put in such a shape as will render it stronger before the Senate.
The PRESIDENT protempore. The motion is on the motion of the Senfrom RhdIsland to amend the amendment offered by the Senfrom WestVirginia. The motion was ngreed to.
Mr. HENDRICKS. I voted for the proposition of the Senfrom Maine to strike out the 1st clause of the amendment of the Senfrom WestVirginia under a misunderstanding. I thought the proposition was to strike out the last line of the amendment, which excludes from the right of voting those who cannot read and write. As I voted under a misunderstanding of the question, and as I think the striking out of this 1st clause mars the entire proposition to such an extent that the Senator cannot have the benefit of his entire proposition, I move to reconsider that vote.
The PRESIDENT protempore. The motion is to reconsider the vote on the motion of the Senfrom Maine, striking out a portion of the amendment of gill 1:l. the Senfrom WestVirginia. "The motion to reconsider was not agreed to.
The PRESIDENT protempore. The question now is on the amendment of the Senfrom WestVirginia, which is to strike out the 1st section of the amendment reported by the committee, and insert his amendment as it has been amended.
Mr. EDMUNDS. On that question I ask for the yeas&nays. The yeas&nays were ordered.
Mr. CONNESS. I believe it is 1st in order to further perfect the amendment.
Mr. CONNESS. foto strike out from the 18th line of the amendment of the Senfrom WestVirginia the words, “and who shall have paid the taxes assessed against them, ” so as to leave that out as a condition of suffrage. The language is, I think, a little ambiguous. The implication is left to some extent, as it appears to me, that unless taxes are assessed the suffrage is not to be conferred or extended. At least there is a little doubt there. Even if that were not the case, I do not know any reason why a debt to the State should be regarded and treated as more sacred than a debt to a citizen or a private party; and I for one do not believe in making the payment of debts a condition of suffrage. I wish to call the attention of the Senate to that condition, saying nothing as to how I shall vote eventually. I move to strike out the words I have indicated.
Mr. WILLEY. I have no very decided objection to that amendment, but I will suggest to the honorable Senfrom California a reason why I think a provision of that kind ought to be incorporated into the bill prescribing the qualifications of voters. It must have been observed by him, it must be patent to his observation, that the population of this District is very fluctuating; there is nothing very stationary about a great proportion of it. They are here today and gone tomorrow. The idea had in view when I incorporated that provision in this clause of my amendment was that it would be some kind of evidence that they had a permanent residence here or some interest in – the District that might entitle them to the right of suffrage. I am, however, very indifferent about it, as, indeed, I am about the whole amendment as it is now amended.
Mr. CONNESS. I desire while the Senator is up to suggest to him that it also involves the difficulty of cases where an assessment against a citizen is pending which he complains of as being an unjust assessment, and the question is.] and undecided. Unless the tax is paid by election day the citizen will be deprived of the right to vote.
Mr. WILLEY. I simply desire to say while I am up, that since the 1st clause of this amendment has been stricken out, and since it has been amended further by the proposition submitted by the Senfrom RhdIsland, I cannot vote for the amendment in the position it now stands, and therefore I am perfectly indifferent in what form it is put.
Mr. HOWARD. I call for the reading of the amendment of the honorable Senfrom WestVirginia as amended.
The SecretARY. It is moved to strike out the 1st section of the amendment reported by the committee, and in lieu of it to insert: That in full elections to be hold hereafter in the DistCol the following describedpersons, and those only, shall have the right to vote, to wit: All persons, residents of said District, who have beenduly mustered into the military or naval service of the U.S. during the late rebeliion, and have been, or shall hereafter be, honorably discharged therefrom. Male citizens of the U.S. who shall have attained the age of 21 years (excepting paupers, persons nonconposmentis, or convicted of infamous offense) and who, being residents of tahne ward or district in which they shall offer to vote, shall have resided in year said district for the period of one paid next preceding any election, and who shall have the taxes assessedagainst them, and who can read and who can write their names. But no person shall have the right to vote who in any way voluntarily gave aid and comfort to the rebels during the late rebellion.
Mr.SHERMAN. if I understand the amendment as it has now been amended, any person in the DistCol who cannot read or write, whether white or black, will be disfranchised.
Mr. CRESWELL. Certainly; it is retro spective as well as prospective.
Mr. SHERMAN. The 1st clause, which allowed all who previously voted to vote is stricken out, and now the proposition is simply that persons who can read and write and have paid taxes, who have not taken part in the shall vote. I am not prepared to apply a test of that kind to the people of this District, which has been applied in no State of the Union but one, I believe, and that the State of Massachusetts. Great dissatisfaction exists in that State as to the application of the principle. To say that a man who has not had the advantage of an early education, who probably had not the means and opportunity to acquire reading and writing, F not be allowed to vote, and to apply that to the DistCol, it seems to me would be traveling backward in the race of progress instead of forward. The amendment is left so imperfect that it is scarcely worth while to debate it, for it cannot be adopted as it is.
Mr. CONNESS. As the Senator having charge of this amendment has apparently abandoned it, and my motion was intended to perfect the amendment, I will withdraw the motion, so that the Senate may come tor a vote upon the main amendment.
The PRESIDENT protempore. The motion to amend made by the Senfrom California is withdrawn. The question is on the amendment of the Senfrom WestVirginia, WILLEY, }}. J striking out the 1st section of the amendment of the committee after the enacting clause, and inserting what has been read at the desk in lieu of the 1st section; and on that question the yeas&nays have been ordered.
Mr. KIRKWOOD. I received a note from the Senfrom Tennessee [Mr. Fowler] this morning stating that he is detained from the Senate by the illness of his wife, and for that reason he cannot be present. The question being taken by yeas&nays, resulted yea 1, nays 41; 10. So the amendment to the amendment was rejected.
Mr. MORRILL. I move to amond the amendment reported by the committee in section one; line 8, by “six, ” striking out the word the last word in that line, and also by stricking out the word “months, ” the 1st word in the next line, and inserting the words “one year, ” so as to require a residence in the district for one year, previous to any election instead of 6 months.
Mr. WILSON. Isuggest to the Senator to modify that amendment so as to insert after the word “of, ” in the 8th line, the words “one year and in the ward or precinct in which he shall offer to vote 6 months previous to any election therein.”. That would require a residence of one year in the District and 6 o in the ward where the man offers to Vote.
Mr. MORRILI. I have no objection to that.
Mr. WILSON. It does not matter when the election is. The election here will be next June, I think. But there is this consideration: we do not want to encourage men to go from one ward to another to carry a special election. What we want is everybody to vote and to have honest voters. I think if we require a residence of one year in the District and 6 months in the ward or election precinct where the man offers to vote it will be a check and a guard upon illegal voting and secure fair play.
Mr. CRESWELL. I suggest to the honorable Senfrom Massachusetts that his amendment is imperfect unless he further provides that a man moving from one ward to another shall have the right to vote in the ward from which he moved until he acquires the right to votein the ward in which he has moved. Otherwise, a citizen of Washington might be 5 months in award and in that way lose his vote, although he had never been out of the city.
Mr. WILSON. I think he ought to lose it.
Mr. WILSON. There is no reason on earth why he should vote.
Mr. CRESWELL. I differ from the honorable Senator in that respect.
Mr. WILSON. In all the States there is such a provision as this.
Mr. CRESWELL. No, sir, not in all the the States; not in Maryland.
Mr. WILSON. It is possible that the State of Maryland may have so foolish a law as that suggested, but I do not believe any other State has got it. At any rate, I do not iii. anyone ought to vote on a residence of that kind. I am for every man of proper age having the right to vote; but I am for guarding the ballot box against corruption. If you allow a man to vote on a residence of a year or 6 months in the District, and there comes a close election, you will find men moving from one ward into another to carry the election. such a thing ought to be prevented, and therefore I propose to modify the amendment of the Senfrom Maine so as to require one year's residence in the district and 6 months in the ward or precinct where he shall offer to vote. If 6 months is considered too long, I will say 3 months. [“Say 3 months.”] Very well; I will adopt that change.
The PRESIDENT protempore. Does the Senfrom Maine accept the modification of his amendment as proposed by the Senfrom Massachusetts?
Mr. MORRILL. It is rather against my judgment. I will not accept it.
The PRESIDENT protempore. Then the question is on the motion of the Senfrom Maine to strike out in the 8th and 9th lines of the amendment of the committee the words “six months, ” and to insert “one year.”
Mr. WILSON. I desire now to offer the amendment that I suggested a moment ago. The section as it now stands requires a residence of one year in the District. I propose to add after the words “one year, ” which have just been inserted in line 8, section one, the words, “and 3 months in the ward or election precinct in which he shall offer to vote.”
Mr. POMEROY. I suggest to the Senator that he can accomplish what he desires by moving his amendment in another place. If the amendment is inserted after the 8th line, it will be construed that the person must have lived at the one place a year and 3 months. I suggest to him to insert after the word “vote” in the 11th line the words “in the ward or election precinct in which he has resided 3 months prior to the election.” That will accomplish what the Senator has in view; but if it is inserted in the other place it will be construed to mean that the elector must live a year and 3 months in that place.
Mr. WILSON. I think the Senator is alto gether mistaken in that, but I have no objection to having the amendment inserted where the Senator suggests. If the Senator will read the constitutions of the several States he will find in all of them express words in this form requiring a local residence of so many months. he amendment to The amendment was agreed to.
Mr. COWAN. I move to amend the amendment of the committee in section one, line two, by striking out the word “male” before the word “person.”
Mr. ANTHON.Y. I move that the Senate do now adjourn: ['Oh, no.”] Y o Y o QN. I hope not.
The PRESIDENT or, tempore. The motion is not debatable and must be put unless withdrawn. The motion was agreed to and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Monday, December 10, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. Boy Ntox. The Journal of Thursday last was read and app}ro.ved. following members d in addition to those heretofore reported: Maryland Benjamin G. Harris. NewYork Roscoe Conkling and Edwin N. Hubbell. Michigan John W. Longyear. NewHampshire–Gilman Marston. ORDER OF BUSINESS.
The SPEAKER announced as the 1st business in order during the morning hour, the call of States for the introduction of bills on leave, for reference to appropriate committees, not to be brought back by a motion to reconsider. GOVERNMENT OF REBELLIOUS STATES:
Mr. WARD, of NewYork, introduced a bill to guaranty to certain States that have been in rebellion a RFG; which was read a 1st and 2nd time, referred to the JtComReconstruction, and ordered to be printed. ATLANTIC TELEGRAPH COMPANY.
Mr. DARLING introduced a bill granting the right to land submarine cables of American Atlantic Telegraph Company; which was read a 1st and 2nd time, and referred to the ComPostOffices. Reproal, OF NEUTRALITY LAWS.
Mr. ROGERS introduced a bill to repeal the neutrality laws; which was read a 1st and 2nd time, and referred to the ComJudiciary. PRESIDENTIAL PROCLAMATIONS.
Mr. BINGHAM introduced a bill to declare valid and conclusive certain proclamations of the President and acts in pursuance thereof, or of his orders, in the suppression of the late rebellion against the U.S.; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. SUFFRAGE IN DISTCOL.
Mr. FARQUEIAR introduced a bill to “make treason odious” by disfranchising within the DistCol all persons who voluntarily bore arms against the U.S., or accepted or exercised the functions of office from or under the socalled confederate States of America or any of them; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. AGrCULTURAL COLLEGES.
Mr. ARNELL introduced a bill relative to the grant of land for the establishment of agricultural colleges; which was read a 1st and 2nd time, and referred to the ComAg. REGISTER OF WILLS FOR THE DISTRICT.
Mr. WASHBURNE, of Illinois, introduced a bill in relation to the appointment of the register of wills for the DistCol; which was read a 1st and 2nd time, and referred to the ComJudiciary. CIRCUIT COURT IN Illinois.
Mr. CULLOM introduced a bill providing for an additional term of the circuit court of the U.S. for the southern district of the State of Illinois; which was read a 1st and 2nd time, and referred to the ComJudiciary. ALONZO HYDE.
Mr. FERRY introduced a bill for the relief of Alonzo Hyde; which was read a 1st and 2nd time, referred to the ComClaims, and ordered to be printed. NAVAL DEPOTS ON THE LARES.
Mr. PAINE introduced a bill to provide for the establishment of one or more naval depots on the northern and northwestern lakes of the U.S.; which was read a 1st and 2nd time, referred to the ComNavAffrs, and ordered to be printed. LAND GRANT RAILROAD IN CALIFORNIA.
Mr. HIGBY introduced a bill granting lands to aid in the construction of a railroad from the city of Stockton to the town of Copperopo lis, in the State of California; which was read a 1st and 2nd time, and referred to the ComPubLands. Br ANCh MINT AT Sanfir ANCISCO.
Mr. McRUER introduced a JtResolution to authorize the SecyTreasury to purchase a suitable site for a branch mint at SanFrancisco, California; which was read a 1st and 2nd time, and referred to the ComAppropriat. BLESSINGTON RUTLEDGE.
Mr. HENDERSON introduced a bill confirming the title of certain lands to Blessing ton Rutledge, of Oregon; which was read a 1st and 2nd time, and referred to the ComPrivLandClms. DANIEL COLE.
Mr. LATHAM introduced a bill for the relicf of Daniel Cole, of Hampshire county, Virginia; which was read a 1st and 2nd time, and referred to the ComInvalidPens. MRS. LOUISA FITCH.
Mr. LATHAM also introduced a bill for the relief of Mrs. Louisa Fitch, widow of the late Captain E. P. Ritch, asst quartermaster U.S. volunteers; which was read a 1st and 2nd time, and referred to the ComInvalidPens.
The SPEAKER stated the next business in order to be the call of States for resolutions. PENSIONERS.
Mr. PERHAM submitted the following resolution; which was read, considered, and agreed to: Resolved, That the Committee on be, Invalid Pensions and are hereby, instructed to inquire whether any persons in the late rebel States whose names were stricken from the pension rolls on account of participation their in the rebellion have been restored; and if so, by what authority; also to ascertain the names and residences of the persons restored. VOLUNTEER BREWETS.
Mr. BLAINE submitted the following resolution; which was read, considered, and agreed to Resolved, That the ComMilAffrs be instructed to inquire into the expediency of providing by law that officers appointed from the volunteer service into the regular Army, may be bre veted in the latter for gallant, meritorious, or ful conduct in the former. faith SAFETY OF PASSENGERS.
Mr. RICE, of Maine, submitted the following resolution; which was read, considered, and agreed to Resolved. That the ComCommerce be, and theyhereby are, directed to legislation, inquire what further if any, is necessaryfor the better security of the health and lives of passengers upon vessels' and steamers sailing under the laws of States; the U.S. that they be authorized to send for persons and papers, examine apparatus and machinery, and causesuch practical teststhereof to be inade as they' may deeumnecessary, and report by bill or otherwise. Navy YARD'f
Mr. ROLLINS submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComNavAffrs be instructed to report a bill making the appointment of heads of the different mechanical depts of : various navy yards subject to the approval of the Senate.
Mr. ROLLINS mtRtv the resolution was adopted; upon the table. agreed to. NORFOLK RIOT.
Mr. ELIOT submitted the following resolution; which was read, considered, and agreed to: Resolred, That the SecyWar be directed to communicate to this HOuse any report, or cyidence which may be in the possession of the War dept, or of any bureau connected therewith, in relation April to1t8h6e3;riot at Norfolk, Virginia, on the 15th of also any ovidence or documents relating to the alleged imprisonment, in Georgia, of Rey. William Fincher, a missionary to the freedmen in that State.
Mr. ELIOT mtRtv the resolution was adopted; on the table. agreed to. Brazilian stea Mers.
Mr. ALLEY submitted the following resolution; which was rend, considered, and agreed to: Resolred, That the PostMGenl berequested to communicate to this House the number and time onfumpabsesragoef sfoafiltuhreesocoef ashaiBdralzinileianto setoenanmeecrtsw, aitnhd the returning steamers from the port of NewYork to those of Brazil. officers' Accouxts., Mr. HART submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs inquire into the expediencyof such legislation as shall the better facilitate thesettlementof military officers’ accounts with the War Dept. PARDONS.
Mr. HART also, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the POTUS furnish to this House a list of names of all persons engaged in the late rebellion against the U.S. toamtesGoyernm April 15, 1865 wtohothhiasvdeabtee;enthpaatrdsoanidedlisbty shall paalsrodostnaetde, tihfe rank of each person, who has been so he has been engaged in the military services oitfiotnheisfo hceallsehdacllonhfaevdeerhaeteldgoavneyrncmiveilnto, fafnicde under said socalled confederate government; and ashnayll also further state whether such person has at the U.S. Government, April 14 1861 h, aenlddiafnsyo, office t u officer, together with the reasonsfor granting such pardons: and also the names of the person orious at whose solicitation such pardon was granted.
Mr. HART mtRtv the resolution was adopted; upon the table. agreed to. MiLITARY DISCHARGES.
Mr. HOTCHKISS introduced a bill to au. thorize the granting of discharges to certain volunteers in the late war; which was read a 1st and 2nd time, and referred to the ComMilAffrs. FOREIGN WESSELSAND COASTWISE TRADE.
Mr. BRANDEGEE submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComCommerce be, and are hereby, instructed to inquire whether any foreign vessels have been or are engaged in the goastwise trade contrary to the laws of the U.S., and to report the facts to this House, with such recommendations as shall prevent the same, by bill or otherwise. SOLDIERS EMPLOYED AS CLERRS.
Mr. BANKS submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs be requested to consider the expedicncy of provided tafiolerdafnorinthcerepaesrefoormf athnecepoafycolefriscoaldl ideursti, ewshion the several Depts of the Government. TAX ON MANUFACTURES.
Mr. BROOMALL submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComWays&Means abbeoilnisshtirnugctethde ftioveinpqeuricreenitn. tine tertnhael erexvpeenduieentcayx oofn manufactures and the products of mechanical skill, oporirntiosnomofeo the irr pwraeyserenltiebvuirndgenths.ose interests from a ExTINGUISHMENT OF THE NATIONAL Dr.BT.
Mr. KELLEY offered the following resolution, and demanded the previous question thereon: Resolved, That the fothat the war debt sof the country should be extinguished by the generation that contracted it is not sanctioned by sound;”or national economy, and does not meet with the approval of this House.
Mr. WASHBURNE, of Illinois. I think that had better go to the ComWays&Means.
Skip Skip Mr. WENTWORTH. I move to lay it on the table. Mr. KELLEY. Let it be referred to the ComWays&Means. I demand the previous question. The motion to lay the resolution on the table was not agreed to. The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was referred to the ComWays&Means. TAX ON MANUFACTURn.S.
Mr. WELKER submitted the following res. olution; which was read, considered, and agreed to: Resolved, That the ComWays&Means abme einnsdtirnugcted to inquire into the expediency of so the internalrevenue law that the tax on the manufacture of harness, saddles, tin ware, and all kinds of leather, and on wagons and carriages, be reduced to two%. instead of 5, as now {ro.vided by law, making thosearticles of production the same taxation as clothing, boots, and shoes, and report by bill or otherwise. DISTILLERY INSPECTORS.
Mr. WELKER also submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComWays&Means abme einnsdtirnugcted to inquire into the expediency of so the internal ravenue law that the inspector fgoarllaolnlsdoisft whiskey omakdianyg less than 300 shall be paid by the government, and not by the distillers as now provided and report by bill or otherwise. RECONSTRUCTION.
Mr. SPALDING offered the following resolution: Resolved. That the ComReconstruction be requestedto inquire into the expediency of passing a JtResolution declaratory of the o:of congress in the reception of Sens&Reps from the rebellious States, respectively, upon the ratification by themof the constitutional amendment namd enthtenoctstianbeloisnhsmisteennttowfitr heptuhbelic Constitution of the U.S.
The SPEAKER. Under the order of the House at the last session, this resolution will be referred to the ComReconstruction without debate. soldiers' Lost DiscHARGEs.
Mr. BUCKLAND submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComMilAffrs be, and arehereby, instructed to inquire into the expediency of a law, for the relief of discharged soldiers who have accidentally lost their discharges, and to report by bill or otherwise. Oil IO IDIOTIC ASYLUM.
Mr. GARFIELD submitted the following resolution, and demanded the previous ques.tion thereon: Resolved, That the ComMilAffrs be instructed to inquire into the expediency of prosenting to the State of Ohio the lumber and other materials belonging to the U.S. at Camp Chase, Ohio, to be usedin the erection of the State asylum for the idiotic, and that they report by bill or otherwise.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. TAX ON DISTILLERS.
Mr. McKEE submitted the following res. olution; which was read, considered, and agreed to: Resolved. That the ComWays&Means be instructed to inquire into the expediency of : rea bill for the exemption of manufacturers of istilled spirits whose product is oless than 20 barrels from the provisions of the act aproved July 13, 1866, (internalrevenue law,) to wit: from the provisions of section 27, requiring the owner of each distillory to provide a bonded warehouse: from section 29, requiring them to pay for an inspector and relieving them from that jine speictor; section 34, requiring that all distilled during eachday of 24 hours shall be conveyedon that day into one of the receiving cisterns prepared for that purpose, and that such cisterns shall be connectedwith the outlet of the still by suitable pipes or other apparatus so constructed as always to be exposed to the view of the inspector. TENNESSEE HOME GUARDS.
Mr. STORES submitted the following resolution; which was read, considered, and agreed to: Whereas Congress on the 28th day of July, 1866 passed an act proposing to equalize the bounties of soldiers who served in the late war for the suppression of the rebellion and for the preservation of the constitution; whereas in the State of Tennessee there were a number of regiments recruited and mustered into the U.S. service for the term of 12 months, (known as “Home Guards, ”) who rendered good service; and whereas said law evidently fails in its object to do justice to many of those who bore the burdens: Therefore, Be it resolved, That the ComMilAffrs be, and they are hereby, instructed to inquire into the justice of said claim, and report by bill or otherwise. PENSION LAWS.
Mr. JULIAN. I offer the following resolution: Resolved. That the ComMilAffrs be instructed to inquire into the expediency. of so amending the pension laws as to allow applicants for pensions to recover the same from the date of discharge.
Mr. SCHENCK. I move to amend the resolution by striking out “ComMilAffrs” and inserting in lieu thereof “ComInvalidPens.” 'Mr. JULIAN. I have no objection to that.
Skip Skip The amendment was agreed to. The resolution, as amended, was then adopted. INCREASED PAY OF CLERRS.
Mr. FARQUHAR submitted the following resolution; which, being a call for executive information, was considered by unanimous consent, and agreed to:. Resolved, That the SecyTreasury be instructed to appropriationinform this House what amount of the of $160,000made by gress during its 1st session the present conas increased salary for clerks and employees in the Treasury Dept has been paid, to whom it was paid, the amount to person, the position or office held by them, andeathche regular salary or receiving from the Govetrhnemyeanrte. now or were then Mr. SCHENer mtRtv the resolution was adopted; upon the table. agreed to.
Mr. HILL submitted the following resolution; which, being a call for executive information, was considered by unanimous consent, and agreed to: Resolved, That the SecyTreasury be requested to inform this HOuse what portions of the sums of $250,000granted by the act of March 2, 1865, and of $150,000appropriated by the act of July 23, 1856, have been expended, and how expended, giving the names of the recipients of any portion of such funds, the amounts received, and the date of payment thereof, and the position of such recipients in Dept said at the time of such payments.
Skip Skip Mr. HILL mtRtv the resolution was adopted; upon the table. agreed to. PAYMENT FOR SLAVES.
Mr. MOULTON submitted the o resolution; which was read, considered, an agreed to: Resolved, That the ComJudiciary be, and they are hereby, instructed, to policy the and expediency of repealing all laws providing for the payment under any circumstances to persons claiming to be the former masters or owners of persons heretofore known as slaves for the loss of such slaves under any circumstances whatever, and whether any constitutional objection exists to the repeal of such laws, and that they report to House by bill this or otherwise. NATIONAL CURRENCY.
Mr. ROSS. I offer the following resolution: Resolved, That the ComBanking and currency be instructed to inquire into the expediency of withdrawing the national currency and winding up thenational banks and furnishing the country in lieu of said national currency with greenbacks, othercurrency of similar character, and t or reportby bill or otherwise.
Skip Skip Mr. WASHBURNE, of Illinois. lay that resolution upon the table. Mr. ROSS. I demand the yeas&nays on that motion. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 87, nays 58, not voting 46;. So the resolution was laid on the table.
Mr. HARDING, of Illinois, submitted the following resolution, upon which he called the previous question: Resolved. That the ComBanking&Currency be instructed to report to this House a bill for a law which shall prohibit any diminution of the national legal tender currency, and that it is right the and the interest of the whole people of the U.S. that, the Government should issue all intended and designcq to circulate as money, and the exercise of the power to issue bank notes or surrency by corporations under national or lawshould be discouraged. State The question was upon 2nding the call for the previous question.
Skip Skip Mr. WASHBURNE, of Illinois. This resolution is mandatory in its character. I move that it be laid upon the table. Mr. HARD1NG, of Illinois. motion I call the yeas&nays. 'The yeas&nays were ordered..Mr. ANCONA. I desire to give notice that if the motion to lay on the table shall fail, I shall call for a division of the question upon agreeing to the resolution.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 94, nays 60, not voting 47; So the resolution was laid on the table. APPOINTMENT OF COMMITTEES, ETC.
The SPEAKER announced the following committees ordered by the House: sTANDING COMMITTEE. On Freedmen's Affairs Messrs. Thomas D. Eliot, of Massachusetts; William D. Kelley, of Pennsylvania; Godlove S. Orth, of Indiana; John A. Bingham, of Ohio; Nelson Taylor, of NewYork; Benjamin F. Loan, of Missouri; Josiah B. Grinnell, of Iowa; Halbert E. Paine, of Wisconsin; and Samuel S. Marshall, of Illinois being the same as select committee on freedmen of the last session. sei.ECT COMMITTEES. 6m NewOrleans IPiots Messrs. Thomas D. Eliot, of Massachusetts; Samuel Shellabarger, of Ohio, and William B. Campbell, of Tennessee. On Murder of U.S. Soldiers in SCarolina Messrs. Frederick A. Pike, of Maine; John F. Farnsworth, of Illinois, and Edmund Cooper, of Tennessee. On Southern Railroads Messrs. Horace Maynard, of Tennessee; Joseph W. McClurg, of Missouri; Ulysses Mercur, of Pennsylvania; He D. Washburn, of Woojeo. Indiana, and John of NewYork. On Frauds in internalrevenue Messrs. William A. Darling, of NewYork; Fernando C. Beaman, of Michigan; Benjamin Eggleston, of Ohio; Leonard . of Pennsylvania, and Lawrence S. Trimble, of Kentucky.
The SPEAKER also announced the appointment of Hon. ELIJAH. Hist, of Kentucky. in place of Hon. Henry Grider, deceased, as a member of the JtComReconstruction.
The SPEAKER also announced the following appointments to fill vacancies on committees: ComElections William B. Stokes, of Tennessee. ComDistCol Horace Maynard, of Tennessee, and William H. Koontz, of Pennsylvania. ComBanking&Currency John W. Hunter, of NewYork. ComMilAffrs Lovell H. Rousseau. Committee on the Militia–Halbert E. Paine, of Wisconsin; Isaac R. Hawkins, of Tennessee, and Andrew H. Ward, of Kentucky. ComMining Nathaniel G. Taylor, of Tennessee. ComPublic Expenditures Samuel M. Arnell, of Tennessee. ComTerritories Edmund Cooper, of Tennessee. ComInvalidPens John W. Leftwich, of Tennessee. ComRds&canals Lovell H. Rousseau, of Kentucky. Committee on Mileage Andrew H. Ward, of IKentucky. Committee on War Debts of Loyal States Isaac R. Hawkins, of Tennessee. ComExpenditures of Nary Dept John W. Hunter, of NewYork. NAVIGATION OF NEWARK BAY, ETC.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyNavy, in reply to a resolution of the House of July 27, 1866; which was read, as follows: NAVY DEPT, Washington, December 8, 1865. Sir: I had the honor to receive, at the close of its last sessian, from the HoRep, a '. resolution passed by it on the 37th of July, 1866, requesting the SecyNavy “to appoint a suitable officer, whoseduty it shall be to proceed to Newark, in the State of into the condition of the nNaevwigaJetirosney, and examine of Newark bay and the navigation of the mouths of Hackensack rivers, and whether the sthame ePanseseadics aimnd provement, and report the result to the House on the 1st MQuday in Decembernext.”. This Dept has not, as yet, taken any action in pursuance of the resolution as the nature of surveys the and examinations required is such as to lead it to apprehend that the resolution was directed to it by mistake. The survey and examination of our bays and harbors are matters confided to Survey Office, the Coast a branch of the treasury Dept; and it was probably the intention of the House o Representatives that the work contemplated by its resolution should be executed under the auspices of that Dept. The Nayy Dept possesses tnioonfsa.cilities for making such surveys and exaulina Very respectfully, GIDEON WELLES, SecyNavy. Hon. Schuyler Colfax, Speaker of the HoRep.
The SPEAKER. The resolution to which this communication is a reply was offered by the Gentfrom NewJersey, [Mr. WRIGHT,) who is not now in his seat.
Mr. BANKS. I move that the communication be laid on the table, and ordered to be printed. The motion was agreed to. LEAVE OF ABSENCE Mr. SHANKLIN asked leave of absence for Mr. LEFTwich till next Monday. Leave was granted. Mr. ORTH asked leave of absence for Mr. WASHBURN, of Indiana, for 2 weeks from today. Leave was granted. MEETINGS OF CONGRESS.
Mr. McINDOE. I demand the regular order.
The SPEAKER. The 1st business in order is the consideration of the bill (H.R.No. 830) to fix the times for the regular meetings of Congress, on which the Gentfrom Ohio [Mr. SHELLABARGER) is entitled to the floor; but when the bill was last under cousideration he had yielded temporarily to the Gentfrom California, [Mr. Higby. SHELLABARGER. yield to the Gentfrom California for so long a time as he may desire.
Mr. SHELLABARGER. Mr. Speaker, I have since the adjournment of the House had pretty full consultation on this subject, and find that every possible method we have attempted to devise meets with insuperable objections from some one or other. I think, therefore, it would be best for me, with leave of the House, to withdraw my proposition and leave the responsibility with the States which have not elected. withdraw my proposition.
Mr. SCHENCK. }. to amend by striking out the 2nd section, as follows: SEC. 2. Abife:, That section 17 of the act approved July 28, 1856, entitled “An act making appropriations for sundry civil expenses of the Government for the year ending June 30, 1857, and ior other purposes, ” be so amendedthat no Senator or Representative in Congress, who may be a member of an immediately succeedingCongress, shall receive any allowance for mileage for trayeling to the place of meeting to attend the 1st session of such succeeding Congress. And in lieu thereof to insert the following, in order to conform the section to the amendment made in the 1st section: SEc. 2. Abife:, That section 17 of the act approved July 28, 1896, entitled “An act making appropriations for sundry civil expenses of the Government for the year ending June 30, 1867, and for Q: her purposes, ” be so amended that no senator or Representative in Congress, who has been a member of Congress next immediately preceding, shall receive any allowance for mileage for traveling to the place of meeting to attend such additional session provided for in the foregoingsection. I understand it to be the disposition of the HOuse to leave this mafter of election to the States, either to a special act which might meet the contingency, or to the States themselves. I suppose there is no other amendment necessary to the bill, and therefore call for the previous o
Mr. BIDWELL. I ask leave to offer the following amendment as an additional section: That the regulations of the several States now represented in Congresswhich have not held elections for Representatives to the 40th Congress, to as semble on the 4th of March, 1867, as provided in act, this are hereby so changed and altered as to authorize and empower the Governors of such States to fix a day, which day shall be prior to March, 1867, the said 4th of for the election of such Representatives, and to make all necessary regulations for holding such election within the respective congressional districts, which regulations shall conform, except as to time, as nearly as practicable to existing State regulations, or such regulations as may be prescribed by the State Legislature where the same may be in session: Provided, That if in casethe Governor of any State, or the Legislature the eof when in session, shall deem it inexpedient to hold such election prior to the 4th of March, 1867, as aforesaid, then this act shall not operate to invalidate the election, when held in accordancewith existing State laws.
Mr. SCHENCK. I withdraw my demand for the previous question simply for the purpose of explaining to my friendfrom California, while I prefer no such amendment should be offered to this bill, it seems to me we have now before the House a proposition to which we are all agreed, and we had better pass it and make it the law of the land. That being done, it strikes me the mode of settling this difficulty of non-representation under the law of some 4 or 5 of the States would be to let the members representing those different States meet together and agree on some special act which will provide for the case in each State, or failing to do that, to let them agree if they can to leave it to the existing laws of the State, or failing to do that, to let the representation of each State bring in such billas will best apply to the condition of things in that State. But I prefer not to legislate in this bill upon that subject, and particularly in this form, where it would seem, in our exercise of power to fix the time for election, we undertake to delegate to the Governors of States the power to repeal the acts of their Legislatures, and at the same time to cover a great deal of ground about which we necessarily know nothing. I prefer, therefore, to leave it to the Representatives of those States, and to aid them in getting through any specific act that will meet their views on the subject. I renew the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and '. i engrossed, it was accordingly read the thir time. Mr. ELDRIDGE demanded the yeas&nays on the passage of the bill. The yeas&nays were ordered.
Mr. WASHBURNE. of Illinois. I think there is an omission in this bill which ought to be supplied. The hour of the day for meeting, when the 4th of March comes on Sunday, ought to be fixed for the next succeeding day.
Mr. SCHENCK. I have no objection, if the gentleman thinks it important, to having the amendment made. There being no objection, the bill was accordingly amended fixing the hour of meeting on the 5th of March at 12 o'clock meridian, when the 4th of March occurs on Sunday.
Skip Skip The question was taken on the passage of the bill; and it was decided in the affirmative yeas 124, nays 29, not voting 38;. So the bill was passed.
Mr. SCHENCK. I rise to move to reconsider the vote by which the bill was passed, and to lay the motion to reconsider on the table; and I avail myself of the opportunity to make a single remark. Some gentlemen apprehend that by the bill as it now stands all constructive mileage is not cut off.. My intention was to cut off constructive mileage entirely, so that the members of a preceding Congress who are reelected shall be paid nothing for their transition from one Congress to another, either going or coming. doubt expressed about that, I will promise gentlemen that I will attract the attention of the chairman of the ComJudiciary, to whom this matter will probably, go in the Senate, to this particular point, so that if there be any such construction capable of being given it may be remedied by proper amendment. But } do not think the bill will bear that construction. I now move to reconsider the vote by which the bill was passed, and also to lay the motion to reconsider on the table. agreed to. PAYMENT OF PENSIONS.
Mr. WASHBURNE, of Illinois. Will the Gentfrom Maine allow me a moment? As there has been oos !.
Mr. WASHBURNE, of Illinois. It appears by the printed bill that I offered this amendment. It is true that I suggested some verbal modifications, but this amendment was proposed by my colleague in front of me, [Mr. FAiNswortii.
The SPEAKER. The amendment is rerted by the committee.
Mr. PERHAM. I move to amend the amendment by striking out the words: That the President shall within 20 days from and after the passage of this act nominate to the Speennasitoenapgeersnotnss for the several agencies in which have been appointed since the 1stday of January. A. D. 1866; and unlesssuch nominations shall be confirmed by and with the advice and consentof the Senate, their offices shall be vacant; And inserting in lieu thereof the following: That the term of office of all pension agents appointed since the 1st day of January, 1866, shall expire at the end of 30 days from the passage of tdhaiyssact, and that the President shall within 15 from the passage of this act nominate to the aSgeennacteies persons, for pension agents in the several in which pension agentshave beenappointed sincethe 1st day of January, 1866. So that the amendment will read as follows: Procoded, That the number of pension agenciesin any State or Territory shall in no case be increased haegreenaefyter so as to exceed 3, and that, no such existingshall be established in addition to thosenow in any State or Territory in which the whole armeoceudnitnogf pensions paid during the fiscal year next shall not have exceeded the sum of o,000:. And provided further, That the term of officeof all pension agentsappointed since the 1stday of January, 1866, shall expire at the endof 30 days fromthe passage of this act, and that the President shall within lifeen days after the passageof this act nominate to the Senate pension agents in theseyeral agenciesinwhich pensionagentshave beenappointed spienneseitohneasgaeidn, ts1satpdpaoyine tfed January, 1866 and that all named, to said date last and now acting, shall continue in their respectiveoffices until their successors shall be nom inatedand confirmed in accordance with the provisions of this act.
Mr. PERHAM. This bill was quite generally discussed when it was up the other day, and I would now call the previous question.
Mr. KELLEY. I would ask the gentleman if this bill cannot be so modified as to operate at an earlier day than the 1st of January, 1866?
Mr. PERHAM. The committee was not of the opinion that there was any occasion for that.
Skip Skip The previous question was 2nded and the main question ordered. The amendment to The amendment was agreed to. The question recurred on the amendment as amended. Mr. LeBLOND demanded the yeas&nays. The yeas&nays were ordered.
Mr. KELLEY. Would it be practicable now to modify the amendment?
The SPEAKER. It would not; the House is operating under the previous question. A MEMBER. Cannot that be withdrawn?
Mr. KELLEY. Is it in order to move to reconsider the vote by which the main question was ordered?
The SPEAKER. It cannot be reconsidered while the House is operating under the previous question. It must proceed until the previous question is exhausted. The Clerk will read the rule from page 166.
The Clerk read as follows: "The previous question may be reconsidered, but not after it is partly executed.”
The SPEAKER. It cannot be reconsidered while the House is executing it.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 117, nays 29, not voting 45;. So the amendment, as amended, was agreed to. The bill, as amended, was then read the 3rd time, and passed. Mr. PERHAM mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM The PRESIDENT. 2 messages in writing, from the POTUS, were communicated to the House by Mr. Robert Johnson, his Private Secretary; who also informed the House that the President had approved and signed a JtResolution of the House, No. 212, to appoint 2 managers for the National Asylum for disabled Volunteer Soldiers, to fill certain vacanCieS. PRIVILEGES OF THE HOUSE.
Mr. HALE. I rise to a question of privilege, and submit the following preamble and resolution: Whereas it is alleged that CHAR1s W. CULVER, of Pennsylvania, a member of this House, is from his seat in this House under arrest in vdieotlaatinioend of the 6th section of the 1st article of the Constitution and of the privileges of Resolved, That the Committee thiosnHtohues Judiciary efoarere, hereby instructed, with all practicable dispatch, to inquire into the circumstancesof the caseand report the same to this House, and to report to this House whether any breach of mitted, its privileges has been comand what action should be had thereon: that the said committee have power to send for persons and papers, to sit during the recess of the House, and to report by bill or otherwise at any time. I desire to say but a word upon this resolution. I have introduced it without any personal knowledge of the facts in the case in To: But I have in my hand an extract have cut from a newspaper, purporting to give the proceedings of the court upon the case; I ask that the extract be read by Clerk for the the information of the House.
The Clerk read as follows: “Pittsburg, December7. Advices from Franklin, Pennsylvania, say that Hon. C. V. CULVER, of Venango Bank notoricty, held in custody by the civil law, was brought before Judge Thurkey yesterday on a writ of habeascorpus, and asked to be discharged on the grounds that he was a member of the 37th Congress from the 20th district of Penn After able arguments by the counsel on both sides, Judge Thurkey decided today that a member of Congresswas not entitled to his privilege when held for an indictable offense.”
Mr. HALE. Now, if that case is correctly reported in the extract which has just been read, it is evident that it involves a very grave question of privilege, one which affects this house and its dignity as well as the individual immediately interested. I have therefore introduced a resolution taking what seemed to me to be the most advisable course, the one most conformable to the dignity of the House, in order that the ComJudiciary may as soon as possible investigate this whole question and indicate what action should be had. I think it will meet the unanimous consent of the House.
Mr. DAWES. Does the gentleman mean to say that this was not a criminal proceeding at all?
Mr. CULver can legally be held under arrest.
Mr. WILLIAMS. The obligation which he is required to take is that he shall respond to this action, and if he does not pay, shall file his petition for the benefit of the insolvent laws. It is no more a criminal proceeding than the arrest on original process and the exaction of special bail, for which it is the substitute.
Mr. DAWES. Then it is purely a civil suit?
Mr. WILLIAMS. A civil suit; nothing else. Mr. Speaker, I desire to make one further remark. In an ordinary case, as will be well understood by all the lawyers of this House, a party setting up a defense under a clause of the Constitution of the U.S or any act of Congress may have his appeal to the Federal courts where that defense is overruled. Not so here. In the present case there is no such remedy. The friends of Mr. Criver have accordingly come to Washington, as I understand, with the view of making application to the SCOTUS for a writ of habeascorpus. Upon a hasty inspection of the acts of Congress providing for the issue of that writ, my conclusion was that juris diction could not be exercised by the SCOTUS in this particular instance. At 1st view, however, it struck me that it might be expedient to pass an act providing for the special case, and giving that court jurisdiction over it. But upon fuller reflection it has occurred to me that inasmuch as this is the highest court of the nation, its legislative council and the depository of its supreme authority, and as the privileges of Parliament (and those are the privileges of Congress) are transcendant and undefinable in themselves, it would be derogatory to the dig nity of this body for us to condescend to have recourse to any other dept of the government to borrow its aid in the assertion of those immunities which are as much privileges of this House, and of the constituent body, as they are of the member individually aggrieved. I am glad, therefore, that my friendfrom NewYork has brought this matter to the no tice of the House. I had intended to do the same thing myself, and he has only anticipated me. I trust the resolution will be adopted.
Mr. THAYER. I wish to add only a single word to what has fallen from my colleague, [Mr. WILLIAMs] The warrant of arrest under which it appears the defendant in this case is held is a substitute in Pennsylvania for the old writ of capias adrespondendum a form of process by which, before the passage of the act abolishing imprisonment for debt in Pennsylvania, all plaintifis were at liberty to commence civil actions. It is unquestionably a civil proceeding, and has always been so fo reby the courts of Pennsylvania. I there ore concur entirely with the remarks of my colleague on this subject, and I trust that the resolution offered by the Gentfrom NewYork [Mr. HALE] will be adopted.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. U.S. TROOPS IN MEXICO.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS: To the HoRep res: In reply to the resolution of the House of the 6th instant, inquiring if any portion of Mexican territory has been occupied by the U.S. troops, I transmit the accompanying report upon the subject from the Secretary of all". ANDREWJOHNSON. WAshlNGToN, December 8, 1866. The message, with the accompanying report. was referred to the ComForAffrs, and ordered to be printed. JOHN H. SURRATT.
The SPEAKER also laid before the House a message from the POTUS transmitting a report of the SecyState relating to the discovery and arrest of John H. Surratt.
Mr. ELDRIDGE. Then I do not insist on having them read. The papers were then referred to the ComJudiciary, and ordered to be fprinted. ATCriisox AND PIKE's prAR RAILROAD.
Mr. LOAN. I ask unanimous consent to submit the following: Resolred, That the SecyInterior be, and is hereby, required to furnish to this house a statement of the amount of Ine ney paid by the U.S. to the Atchison and Pike's Peak Railroad Company as assignees of the Hannibal and StJoseph Railroad Company, or otherwise, for the construction of a branCh of Joseph, Missouri the Union Pacific railroad from Stvia Atchison, in Kansas, for 100 miles west of the Missouri river, and also the time of said payments: also a conyof the reports omfatdhee;colnmissioners uponwhich said paymentswere and also to inform this Flousewhethersaid road has been surveyed or located from StJoseph, missouri, via Atchison, Honsas, to any point westthereof, and if so, to furnish to this House a copy of such survey and location of such part of said road. And also whether said road or any part thereof was constructed within the time limited by the hawgranting aid to said road, and if not, by what authority mouey was paid for the construction of ports of said road after the time limited by law therefor.
The SPEAKER. This being a call for executive information, requires unanimous consent.
Mr. WASHBURNE, of Illinois. I should like to have some information from the Gentfrom Missouri. I think this is an interesting subject. Some one may have been cheated, and I should like to know whom it is. There was no objection, and the resolution was received.
Mr. LOAN. I understand the franchise granted to the Hannibal and StJoseph railroad was by that company assigned to the Atchison and Pike's Peak Railroad Company, that that company held the franchise for some considerable time, and after the period limited by the law for the construction of the 1st 20 miles of that road, they did construct that portion, to wit, that portion running west of Atchison, Kansas, but have neither located nor surveyed any part from StJoseph to At chison. I further understand the commissioners have proceeded to examine and make report of the road so far as constructed from Atchison west. I understand that report shows the road to be constructed in an inferior manner, such as will not authorize the payment of the money; but notwithstanding that report, on the promise of the Atchison and fike's Peak Company to perfect the road, payment on the 1st 20 miles has been made. I tin derstand the commissioners have examined the 2nd section of 20 miles, and that the matter is pending in the interior Dept. if I understand the law there is no authority for making any payment to the branch road, as the time.". law has long since'expired. I demand the previous question on the resolution.
Mr. STEVENS. I understand the gentleman to say that no part of this road has been made from StJoseph, Missouri, to Atchison..
Mr. LOAN. None at all, sir. I do not think it has been either surveyed or located.
Mr. STEVENS. When this bill was passed and as I had some hand in it I therefore remember something about it we in this House agreed to give to the StJoseph road a certain subsidy to enable it to go west. When the bill went to the Senate an amendment was made which I never perfectly understood, and I should be glad now to have some explanation of it; the words were inserted “via Atchison, ” which instead of going west made a short turn at right angles.
Mr. LOAN. That is the road via Atchison.
Mr. STEVENS. Does not the gentleman understand it was intended “via Atchison” should mean to begin at Atchison?
Mr. WASHBURNE, of Illinois. I hope the resolution will be passed, so that we may have a little more light on this interesting subject.
Skip Skip Mr. LOAN demanded the previous question the papers. The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. LOAN mtRtv the resolution was adopted; upon the table. agreed to. FRANCIS s. LYON.
Mr. THAYER, by unanimous consent, reported back from the Committee on Private nd Claims Senate bill No. 373, releasin to Francis S. Lyon the interest of the U.S. in certain lands in the State of Alabama; which was read a 1st and 2nd time, ordered to be printed, and recommitted to the committee. PRESIDENT's MEssage.
Mr. STEVENS moved that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union and proceed to the consideration of the President's annual message. 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 proceeded to the consideration of the President's annual message
Mr. STEVENS. I yield to the Gentfrom Maine, [Mr. BLAINE] who desires to say a few words on the subject.
Mr. WENTWORTH. Unless some other person wants to go on today, I would like to move that the committee rise so as to retain the floor.
Mr. STEVENS. 1st let the resolutions be passed. That will still leave the message open to discussion, and will not deprive the gentleman of the floor. The question being taken on resolutions, they Were.bted.
Mr. WISNTWORTH. committee rise. The motion was agreed to. I now move that the So the committee rose; and
The SPEAKer having resumed the chair, Mr. WASHBURNE, of Illinois, reported that the ComWhole on the state of the Union had had under consideration the President's annual message, and had directed him to report certain resolutions to the House. The resolutions reported from the ComWhole were then adopted. cHARLEs M’CARTHY.
Mr. HILL, by unanimous consent, introduced a bill for the relief of Charles McCarthy; which was read a 1st and 2nd time, and referred to the ComInvalidPens. INDIANS IN NORTHern CALIFORNIA.
Mr. BIDWELL, by unanimous consent introduced a bill to provide for the care an maintenance of the Indians in northern California; which was read a 1st and 2nd time, and referred to the ComIndAffrs. ARMY APPOINTMENTS.
Mr. ANCONA, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs be requestedto inquire into the expediencyof reporting a bill, so amending section 4 of the act to increase, the military peace establishment of the U.S., approved July 28, 1866, as to permit and authorize the appointment of persons who have servedfive years or more in the Army, and who have H.' oinsuished for capacity and good conduct in e Ile1(i. EXCUSED FROM COMMITTEE SERVICE.
Mr. CAMPBELL. I wish to be excused from serving on the committee appointed to visit NewOrleans. I have just taken my seat in this Congress only a few days ago. I represent a district that has had no Representative here for 6 years. I have a great deal of business to do during this short session, and if I go to NewOrleans it will be impossible for me to give that attention to the interests of my constituents that I think they require. The gentleman was accordingly excused from service. FEES AND COSTS IN U.S. COURTS.
Mr. COOK, by unanimous consent, from the ComJudiciary, reported a bill to amend an act entitled “An act to regulate the fees and costs to be allowed clerks, mar shals, and attorneys of the circuit and district courts of the U.S., and for other purposes, “ approved February 26, 1853; which was read a 1st and 2nd time, ordered to be printed, and recommitted to the committee. WASHINGTON AND GEORGETOWN RAILROAD.
Mr. DODGE, by unanimous consent, introduced a bill to amend the charter of the Washington and Georgetown Railroad Company; which was read a 1st and 2nd time, and referred to the ComDistCol. REMOVALs FROM office.
Mr. WILLIAMS. I desire, now to call up the special order, being the bill for the regula.tion of appointments and removals from office. I merely do it for the purpose of saving the bill and allowing it to retain its place. The . It will retain its place on the Calendar at any rate, there being no other special orders.
Mr. WILLIAMS. That is all I desire. CLERK TO A COMMITTEE.
Mr. DARLING. I ask leave to offer the following resolution: Resolved. That the select committee appointed to inquire into frauds on the revenue, &c., beauthorized to employ a clerk for such time as they may deem necessary, and that all the expenses oftee be paid out of the contingent fund osfaitdhecoHmomusiet.
Mr. WASHBURNE, of Illinois. I suggest to the gentleman that he had better word his resolution differently, so as to provide that the committee be authorized to employ a stenog rapher as clerk. They will probably need a stenographer.
Mr. DARLING. We can employ a stenog rapher under the rules of the House.
Mr. WASHBURNE, of Illinois. No you can not. If the gentleman desires to accomplish Jhis object he i. better modify his resolution.
Mr. DARLING. I will modify it so as to read “a clerk and stenographer.” We may want both.
Mr. WASHBURNE, of Illinois. I object to that. The committee will have no need for a clerk if they have a stenographer.
Mr. DARLING. Then f will modify the resolution so as to authorize the employment of a stenographer as clerk. The resolution, as modified, was agreed to. Votes recorded.
Mr. JULIAN. I ask the unanimous consent of the House to record my vote on the passage of the bill in regard to the meetings of Congress.
The SPEAKER. The chair cannot, under the rules, ask unanimous consent for that purpose. It requires a suspension of the rules.
Mr. JULIAN. I move, then, to suspend the rules to enable me to record my vote.
Skip Skip The question was taken, and 2/3rds voting in favor thereof the rules were suspended.
Mr. ELIOT. I desire the same privilege, and move a suspension of the rules for that purpose. he question was taken, and 2/3rds voting in favor thereof the rules were suspended.
Mr. HUBBARD, of WestVirginia. I desire to record my vote on the same bill, and move to suspend the rules for that purpose.
Skip Skip The question was taken, and 2/3rds voting in favor thereof the rules were suspended.: mr. HUBBARD, of WestVirginia. I ‘ay.” vote
Mr. NICHOLSON. I desire the same privi. lege, and move that the rules be suspended. The previous question was taken, and 2/3rds voting in favor thereof the rules were suspended. M. NICHOLSON. I vote “no.” WITHDRAWAL OF PAPERS.
Mr. HUBBARD, of WestVirginia. I ask unanimous consent to withdraw from the files of the House the papers in the case of Edgar T. Harris. They are simply his discharge papers. A law has been passed under which they are no longer needed here. No objection was made, and leave was granted for the withdrawal of the papers. And then, on motion of Mr. GRINNELL, 5 minutes fo 3 o'clock p. m.,) the house adjourned.
@@@IN SENATE SENATE. TUEsday, December 11, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. FESSENDEN. The tariff bill which passed the House at the last session was referred by a vote of the Senate to the ComFinance with instructions to report on the 2nd Monday in December, if I recollect rightly. The committee have as yet been unable to take up the bill for consideration so as to report on o day named. We intend, however, to report it at as early a day as possible after we have examined it. In the mean time the bill is pretty much out of print, and I move that 500 additional copies of the bill be printed for the use of the Senate.
The PRESIDENT protempore. The Chair will entertain the motion by unanimous consent. It is moved that 500 additional copies of the bill (H.R.No. 718) to provide increased revenue from imports, and for other purposes, be printed for the use of the Senate. The motion was agreed to. Report ON PUBLIC LANDS.
Mr. RAMSEY. I move that 10,000 extra copies of the report of the Commissioner of Public Lands be printed for the use of the Senate.
The PRESIDENT protempore. The Chair will entertain the motion by unanimous consent. Under the rule the motion must go to the ComPrintg.
Mr. SUMNER. I presame it will go to the ComPrintg.
Mr. RAMSEY. I imagine it will go to that committee.
The PRESIDENT protempore. It will be referred to the Committee. on Printing. bill, INTroduced.
Mr. YATES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.465) for the relief of Mary Stanley; which was readtwice by its title, and referred to the ComPensions. PresidentiAL SUCCESSION.
Mr. ANTHONY submitted the following res. olution; which was considered by unanimous consent, and agreed to: Resolved, That the ComJudiciary be instructed to inquire what additional legislation is neeessary to provide for the succession of the President'soffice in case of the death or disability of all thoseupon whom it maynow devolve by the Constitution or the laws, and to report by bill or otherwise. vo LUNTEER BREVETS.
Mr. TRUMBULL submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved.That the ComMilAffrs be instructed to inquire into the expediency of extending to officers in the late volunteerservice who are appointed to positions in the regularArmy the same benefits of brevctsconferred, of length of service, and in all other respects, which areallowed officers of the regular Army who accepted positions in the volunteer service in consequence of their services in such volunteer positions. house hill, Reperred. The bill (H.R.No. 830) to fix the times for the regular meetings of Congress was read twice by its title, and referred to the ComJudiciary.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. CLINTON LLoyd, Chief Clerk, an nounced that the House had passed a bill (H.R.No. 874) to regulate the duties of the Clerk of the HoRep in preparing for the organization of the House, and for other purposes; and a bill (H.R.No. 848) to an act entitled “An act to incorporate the National Soldiers and Sailors' Orphans' Home, ” approved July 25, 1866; in which the concurrence of the Senate was requested. ENROLLED BILLS SIGNED. The message also announced that The SPEAKer of the House had signed the enrolled bill (S.No.327) granting a pension to Mrs. Katharine F. Winslow; and it was signed by the President protempore. HOUSE BILLS referred. The following bills from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 848) to amend an act entitled “An act to incorporate the National Soldiers' and Sailors' Orphans' Home, ” ap . July 25, 1866 to the ComMilAffrs . A bill (H.R.No. 874) to regulate the duties of the Clerk of the HoRep in preparing for the organization of the House, and for other purposes to the ComJudiciary. SUFFRAGE IN THE DISTRICT.
The PRESIDENT protempore. If there be no further morning business, and no motion is interposed, the Chair, although the morning hour has not expired, will call up the unfinished business, which is the bill (S.No.1) to regulate the elective franchise in the DistCol, the pending question being on the amendment of the Senfrom Pennsylvania, [Mr. CowAN, ] to strike out the word “male” before the word “person” in the 2nd line of the 1st section of the amendment reported by the ComDistCol as a substitute for the ori ginal bill.
Mr. COWAN. I should like to ask the Senfrom Oregon if he knows who wrote that article.
Mr. COWAN. The article to which the Senator is referring now, setting forth that the inhabitants of this District were descended from proud and aristocratic families, and all that kind of thing. I wish to ask him whether he knows that that was written in the interest of impartial suffrage or whether it was written against it. Every one knows that it is very easy for a man to write an article of that kind and have it inserted in the public, papers for the purpose of being read here and producing a sensation. Now, if the honorable Senator knows anything about this thing, knows anything about the authenticity of that newspaper article and who wrote it, what the purpose for which it was written was, it is proper that he state it. If not, it is very improper to make use of it. I can very readily see how a man who desired to prejudice a cause, to damage it, should go about and insertin newspapers, under the eye of stupid editors, articles of this kind which were calculated to do immense mischief; and yet, how correct it? If the authenticity of this article which so mueh prejudices the people of this District is known, if it is byity, author if it has their sanction, let us know it; otherwise it is mere idle wind.
Mr. MORRILL. He says it is no natural right whatever either to man or woman and he does not stand here to vindicate a right.
Mr. COWAN. I should like to ask the honorable Senator whether he believes it is a natural right either in man or woman.
Mr. COWAN. Go on; I will show when you get through.
Mr. MOIRIR1L. You are coming ! Well, sir, is it a punishment in the nature of a pen alty to say that a man who has enjoyed a privilege shall no longer enjoy it? That is all there is of this. On the argument of the honorable Senator, the right of voting is not a ha tural right; it is one which society confers or withholds as it pleases. It confers it upon just whom it will and withholds it from whom it will. There being no right of course there is no punishment. The honorable Senator talked upon that subject as if we were inflicting a pen alty and a punishment by simply saying that those persons who had gone out from among us and engaged in treason, rebellion, civilWar, insurrection, and had forfeited all rights, shall not hereafter be intrusted with the exercise of certain civil and political rights That I insist is a perfect answer to all that my honorable friend said on that subject yesterday. It is not a penalty; it is not a punishment in the sense of punishment; it is simply saying to those who have by their conduct forfeited the confidence of the community, “You may no longer exercise that trust.” That is all there is of it. So my honorable friend will pardon me for saying that I think with all his conceded brilliant attainments in the law, his great ability and learning and acuteness, he did not talk in the language of the law when he was up yesterday. Mr. President, I had no intention of detain inkle Senate when I rose.
Mr. MORRILL. Will the Senator allow me question?
Mr. MORIRILL. If this is in the nature of punishment because it denies to a citizen of the U.S. a right, is it in the nature of punishment to deny that right to the colored citizen?
Mr. COWAN. I will answer that; and it is astonishing to me that gentlemen with the legal as well as literary aeumen of the honorable Senfrom Maine eaunot see the distinction. I have said over and over again that in this bill of his allowing suffrage to the colored people he may pick out any number of them and exclude any number, because thereby he deprives nobody of any right; and even if he did he would not be doing it by way of punishment. The essence of the thing which he proposes to do, of which I complain, is that he proposes to deprive certain people of their rights which they have under the law, and he gives as reason for it that they have committed a crime. What can be plainer than that?
Mr. MORRILL. No such thing. We say simply because they cannot be trusted; that is all.
Mr. MORRILL. The honorable Senator will allow me to say that I do not think this line of argument is open to him, because today once or twice he certainly repeated that this was a race of Radicalism and he did not intend to be outdone. My remark was predicated simply on the assumption of the honorable Senator that he was disposed to enter into the race, and rather in a disposition to welcome than discourage him. I ask the honorable Senfrom Maine if this was a thing motin its nature penal, not partaking unless he does it fairly. 1 an amendment of the Constitution to achieve movement, that I yielded to that movement, it was because of the legal sense of his comthe Constitution upon his compeers which compelled them to resort to that mode of rpose which he now proposes Well, now, Mr. President, I desire to answer persimmon school, [laughter;] I have not been Isupposed, not only from all imputation of MoRItill rose;] but now, when I stand here,
Mr. HENDRICKS. I desire the Senator to allow me to ask him a question, as he says that this has been won in the recent elections. I wish to know of the Senator why the consideration of this measure was discontinued at the last session and the bill not allowed to pass the Senate? The bill came from the House at rather an early day of the session; I think several months of the session elapsed after the of the bill in the House, and yet it was not allowed to come to a vote in the Senate.
Mr. WILSON. The bill passed the HoRep early in the session. It came to the Senate early in December. That Senator I think knows very well that we had not the power to pass it for the 1st 5 or 6 months of the session; that is, we had not the power to make it a law. We could not have carried it against the opposition of the POTUS, and we had assurances of gentlemen who were in intimate relations with him that his signature would not be obtained. It would not have been wise for us to pass the bill if it was to encounter a veto unless we were able to pass it over that veto. The wise course was to bide our time until we had that power, and that power came before the close of the session, but it came in the time of great pressure, when other questions were crowding upon us, and it was thought best by those who were advocating it, especially as the chairmen of the committee, the Senfrom Maine, [Mr. MoRRILL] was out of the Senate for many days on account of illness, to let the bill go over until this December.
Mr. HENDRICKS. Will the Senator allow me to ask one other question: whether the vetoes of the President were not over ridden in the Senate as much as 2 months before the adjournment; and whether he does not know that this measure was purposely put aside in the Senate that it should not enter into the political contest of the last elections?
Mr. WADE. Then it is very different from the community in which I live.
Mr. JOHNSON. I rather think you might make Cincinnati an exception, from what I have heard. I am not speaking of the country, though I have seen it pretty rough in the country; and they have been rough occasionally in Ohio. If they were all of the same temper with my honorable friend who interrupts me of course it would be different, and all could have their rights accorded them.
Mr. COWAN. I should like to ask whether the presence of ladies on an occasion of that kind would not tend to suppress everything of that sort. Would it not turn the blackguard into a gentleman, so that we should have nothing but good conduct?
Mr. JOHNSON. No, sir; you cannot turn a blackguard into a gentleman.
Mr. CONNESS. It does not appear that we can come to a vote tonight upon this proposition, and I therefore rise to propose an adjournment.
Mr. MORRILL. Perhaps we can get a vote on this simple amendment.
Mr. BROWN and others. Oh, no; let us adjourn.
Mr. MORRILL. I doubt whether there is any inclination to talk further on this amendment, and I should be glad to get a vote on it before we adjourn.
Mr. CONNESS. If the Senate will come to a vote, I will not move an adjournment.
Mr. DOOLITTLE. If the honorable Senfrom Missouri will.give way, I will renew the motion to adjourn.
Mr. BROWN. I do not care particularly to detain the Senate. I have but a very few remarks to make.
Mr. DOOLITTLE. Let us adjourn. If the honorable senator will give way I will renew the motion to
The PRESIDENT protempore. Does the Chair understand the Senfrom Missouri as yielding the floor?
Mr. DOOLITTLE. I move that the Senate do now adjourn. The motion was agreed t;o and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, December 11, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. Boy Nton. The Journal of yesterday was read and approved. Another member appeared, namely, Mr. AsHLEY, of Nevada. REPUBLICANS OF LOUISIANA.
Mr. KELLEY. I present the memorial and resolutions of the central executive committee of the Republican party of Louisiana, and move that it be referred to the ComReconstruction, and printed. The motion was agreed to. SALE OF COIN.
Mr. INGERSOLL. I ask the unanimous consent of the House to introduce a bill to regulate the sale of coin and bullion by the SecyTreasury, for the purpose of having it referred to the ComWays&Means.
Mr. WASHBURNE, of Illinois. I object to this bill, or any other of the same character. Their tendency is to put the matter of our currency and finances in the hands of the gold gamblers of Wall street. I hope the bill will not be received.
Mr. INGERSOLL. In reply to the remark of o colleague, [Mr. WASHBURNE, ] I have to say that the object of this bill is to take the matter out of the hands of the gold gamble and to. a stop to gold gambling, whereby the sudden fluctuations in the price of gold will be stopped; and this bill proposes to put it out of the power of the SecyTreasury to ja a golden scepter more powerful than that of any monarch in the world, a scepter of $95,000,000 in gold. This bill provides that the Secretary.the Treasury shall give public notice whenever the amount of gold in the Treasury shall exceed $50,000,000, and that he shall
Mr. BRANDEGEE. I rise to a point of order, and that is that this debate is all out of order.
The SPEAKER. The point of order is well taken.
Mr. INGERSOLL. I only desire to reply to the remarks of "o, my colleague, [Mr. WAsh
Mr. WASHBURNE, of Illinois. I object to the reception of the bill.
Mr. INGERSOLL. Very well; if the gentleman is on the side of speculators, I cannot help it. I give notice that I will at some future time introduce this bill. REPRESENTATION OF NCAROLINA.
The SPEAKER laid before the House the credentials of Alexander H. Jones, claiming to be elected a member from the 7th congressional district of NCarolina; which, under the order of the House of last session, were referred to the JtComReconstruction. COMMITTEE WACANCY FILLED.
The SPEAKER announced the appointment of Mr. TAYLOR, of Tennessee, to fill a vacancy upon the select committee to investigate theNewOrleans riots. ENROLLED BILLS SIGNEd.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled a bill with the following title, namely: an act (S.No.327) granting a pension to Mrs. Katharine F. Winslow; when The SPEAKer signed the same. ORDER OF BUSINESS.
Mr. HARDING, of Illinois, called for the regular order of business.
The SPEAKER. The 1st business in order during the morning hour is the call of committees for reports, commencing with the ComClaims, where the call rested on Thursday last. COMMITTEE OF CLAIMS.
Mr. DELANO, from the ComClaims, reported the following resolution; which was read, considered, and agreed to: Resolved, That the Com Claims have power to send for, persons and when in their opinion it may be necessary to do so in the investigation of claims before said committee. ORGANIZATION OF THE HOUSE.
Mr. WILSON, of Iowa, from the ComJudiciary, reported a bill to regulate the duties of the Clerk of the HoRep in preparing for the organization of the House, and for other purposes; which was read a 1st and 2nd time. The bill was read at length. The 1st section provides that before the 1st meeting of the next Congress, and of every subsequent Congress, the Clerk of the next preceding HoRep shall make a roll of the Representatives elected, and place thereon the names of all persons claiming seats as representatives elected from States which were represented in the next preceding Congress whose credentials shall show that they were regularly elected in accordance with the laws of their States respectively, or the laws of the U.S. The 2nd section provides that in case of a vacancy in the office of Clerk of the HoRep, or of absence or inability of.? Clerk to discharge the duties imposed on him by law or custom relative to the prep aration of a roll of Representatives for the organization of the HoRep, the said duties shall devolve on the Sergeant at Arms of the next preceding HoRep; and in case of vacancies in both the beforementioned officers, or the absence or inability of both the Clerk and the Sergeant at Arms to act, then the said duties shall be performed by the Doorkeeper of the next preceding HoRep. The 3rd section provides that a violation of the provisions of this act by any officer mentioned therein shall be deemed a felony, and upon conviction thereof the officer shall be punished by imprisonment at hard labor for a term not less than one or more than 5 years, in the discretion of the court. The question was upon ordering the bill to be engrossed and read a 3rd time.
Mr. WILSON, of Iowa. I will state that the only change in the existing law made by the 1st section f this bill is to direct the Clerk of the HoRep in making up the roll of Representatives, to put on it the name of no person from a State not represented in the next preceding Congress. In other respects the section follows the existing law. The 2nd section provides for a succession of officers to discharge the duties prescribed by the 1st section. Under existing law, in case of the absence of the Clerk, or his inability to act, there is no provision for the duties being performed by any other person. This 2nd section provides that in that case the duties shall devolve upon the Sergeant at Arms of the next preceding HoRep, and in the case of a vacancy also in the office bi Sergeant at Arms, or of his inability to act, then the duties shall be performed by the Door keeper of the next preceding House. The last section of the bill contains merely a provision for the enforcement of the preceding provisions of the bill; providing for punishment by imprisonment of any breach of the provisions of the act in respect to the duties prescribed. I will now call the previous question on the passage of the bill, unless some member desires some further explanation.
Mr. GARFIELD. I desire to suggest a point which occurs to me. Suppose, for in stance, that on the last day of this session the 2 Houses of Congress should declare Arkansas entitled to representation, but that at that time no person should appear to represent that State. Now, if I have understood correctly the language of the bill as presented by the Gentfrom Iowa, at the opening of the next Congress Representatives elect from that State.not take any part in the organization of the House; for this bill declares that the names of no persons shall be placed on the roll except those coming from States that were represented in the next F.; Congress. It seems to me that the language of the bill should be so modified as to provide for placin on the roll the names of Representatives, no only from States represented in the preceding Congress, but also from States that ". been declared entitled to representation. It occurs to me that this point ought to be covered.
Mr. of Iowa. I would suggest to the gentleman that the remedy for the difficulty he suggests would be that a resolution declaring Arkansas entitled to representation should provide for placing upon the roll of the next House the names of the persons claiming to be members from that State. It would be just as easy to include that in such a resolution as to provide for all these cases in this bill; and if think it would be the easier method of disposing of this matter. I renew the demand for the previous question.
Mr. FUNCK. I wish to inquire whether this bill has been printed.
Mr. FINCK. It certainly is a measure of much importance, and ought to be printed and deliberately considered. I hope that the gentleman will agree that the bill shall be printed and its consideration fixed for some day sertain.
Mr. WILSON, of Iowa. If the gentleman heard the explanation which I made of the bill I think he can have no difficulty in understanding it. The only material change made in the existing law is, as I have stated, that in the 1st section of the bill it is declared that the Clerk, in making up his roll of Representatives, shall not put upon it the name of any person from a State not represented in the next preceding Congress.
Mr. FINCK. That is just what I object to.
Mr. WILSON, of Iowa. I have no doubt of that.
Mr. FINCK. I shall call for the yeas&nays on the passage of the bill.
Skip Skip The previous question was 2nd ed, there being ayes 86, noes 28. The main question was ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question being on the passage of the ill, Mr. ROGERS called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 124, nays 81, not voting 36; So the bill was passed. During the roll call, Mr. RANDALL, of Pennsylvania, said: I desire to announce that the Gentfrom NewYork, Mr. WINFIELD, is detained from the House by sickness. Mr. o;In explanation of the absence of my colleague, Mr. WARNER, on this and other votes today, I desire to state that he is detained at his home by sickness. The result of the vote was announced as above stated. Mr. WILSON, of Iowa, mtRtv the bill was passed; on the table. agreed to. COUNTING THE ELECTORAL WOTrS.
Mr. WILSON, of Iowa, reported from the ComJudiciary, with a recomendation that it pass, a bill to prevent the reception and counting of illegal electoral votes in the election of President and VEEP; which was read a 1st and 2nd time, and reported at length. The Clerk then read the bill in extenso.
Mr. FINCK. I want to make the same inquiry in regard to this I did in regard to the other bill; whether it has been printed 2
Mr. WILSON of Iowa. This bill has not been printed.
Mr. FINCK. It is a matter of great importance, and ought not to be pressed without some discussion and some examination. I hope the gentleman will agree to have the bill printed and postponed to a day certain.
Mr. FINCK. I ask the gentleman to yield to me a moment.
Mr. FINCK. Is there not another difference, that we were at that time in the midst of war, while we are now in the midst of peace?
Mr. WILSON, of Iowa. We were at that time in the midst of war; but we think, sir, that the effects of that war upon those communities exist today; holding as we do with the President that that war against the Government of the U.S.sothose peo; ple of all civil governments, and being deprived of all civil governments they cannot be permitted to participate in an election of President and VEEP until they shall have been provided with civil governments; and Congress in the Tennessee case declared that could only be done, that the relation thus disturbed could only be restored by the consent of the lawmaking power of the U.S. No such consent has been given to the people of those portions of the U.S. set out in the preamble of this bill and in the body of the bill itself. Consequently the conclusion we draw must be correct, that, being deprived of civil governments, having their political relations so disturbed as that they are not entitled to appear in the Congress of the U.S. in the persons of Sens&Reps, o that their former condition can only be acquired again by the consent of the lawmaking power, I say our conclusion is correct that no electoral votes should be received from communities of that character. That, sir is the whole case presented by this bill. f now yield to the Gentfrom NewYork.
Mr. WILSON, of Iowa. Mr. Speaker, I am not disposed to press this bill on an unwilling body, and if it can be set down as the special order for tomorrow, and in the mean time printed, I have no objection to that order being made. I stated at the commencement of my remarks that if the House desired it I would not object to a postponement. I will move, therefore, that it be postponed and printed and made the special for Thursday next, after the morning hour,
Mr. ELDRIDGE. I desire to inquire of the gentleman if he contemplates any debate upon this bill when it comes up on that day, or whether he intends to call the previous question, as he did on this day.
Mr. WHLSON, of Iowa. The gentleman shall have an opportunity to discuss it if he desires it. I shall be governed somewhat by the circumstances. do not intend to press the bill unreasonably.
Mr. ELDRIDGE. I do not inquire on account of myself alone, but there are gentlemen around me who wish to know whether general discussion is to be allowed on the bill or not.
Mr. WILSON, of Iowa. I certainly will allow reasonable discussion upon the bill. The motion of Mr. WILson, of Iowa, was agreed to; and the bill was accordingly post poned, ordered to be printed, and made the special order for Thursday next after the morning hour. NEUTRALITY LAWS.
Mr. WILSON, of Iowa, from the same committee, reported back House bill No. 858, to repeal the neutrality laws, and moved that the ComJudiciary be discharged from the further consideration of the same, and that it be referred to the ComForAffrs. The motion was agreed to. PUNISHMENT OF TREASON.
Mr. LAWRENCE, of Ohio, from the ComJudiciary, reported back House bill No. 634, to repeal certain parts of the act approved April 30, 1790, entitled “An act for the punishment of certain crimes against the U.S., ” with a recommendation that it do pass. The bill repeals so much of section 30 “two of an act for the punishment of certain crimes against the U.S., approved April 30, 1790, as provides that no person or persons shall be prosecuted, tried, and punished for treason or other capital offense unless indictment for the same shall be found by a grand jury within 3 years next after the treason or capital offense shall be done or committed; and provides that all persons who have been or may be guilty of treason or other capi otal offense may at any time be indicted, tried, and punished therefor. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. question recurred on the passage of the
Mr. ELDRIDGE. I demand the yeas and on the passage of the bill.
Mr. LAWRENCE, of Ohio. I will explain this bill briefly to the House, and I think there will be no objection to its passage. The act of April 30, 1790, providing for the punishment of treason, limits prosecutions to remain in force, it will in a very short time be equivalent to a general pardon or amnesty for every act of treason during the late rebellion. This bill proposes to repeaf so much of that act as limits prosecutions to 3 years; and it provides that all persons who have been or may be guilty o treason or other capital offense may at any time be indicted, tried, and punished therefor.
Mr. HALE. Does the bill affect any other crime than treason 2
Mr. SHELLABARGER. I wish to inquire of my colleague whether the committee looked into the question of our power to revive the right of prosecution for treason where the act of 1790 has already barred prosecution, and whether this bill undertakes to do that? I may say that I trust the law may be in that way. H.be very glad to have it so.
Mr. LAWRENCE, of Ohio. The commit.tee did examine that question. The authority to which I have referred in the Note to Angel on Limitations I suppose settles that question. Where a crime is already barred no act, I suppose, can revive the right of prosecution.
Mr. SHELLABARGER. Your bill ther, does not do that?
Mr. LAWRENCE, of Ohio. bill cannot effect an impossibility.
Mr. SHELLABARGER. My inquiry was whether the bill undertakes to revive the right of prosecution where the limitation is already completed?
Mr. LAWRENCE, of Ohio. The clause in the bill to which my colleague desires to call attention I suppose is this: “And all persons who have been or may be guilty of treason or other capital offense may at any time be in dicted, tried, and punished therefor.” That clause is, of course, only to be applicable to those cases where by law it is possible to prosecute. The fool design of the bili is simply to repeal that limitation of 3 years, so that the general pardon and amnesty which it will soon effect may be avoided.
Mr. SPALDING, I wish to inquire of my colleague if he designs to impose any limitation whatever?
Mr. SPALDING. Would it not be better to extend the time?
Mr. LAWRENCE, of Ohio. No, sir; I think not. There is no limitation in murder cases in Ohio, a State whose jurisprudence has been illustrated by my distinguished colleague as a member of its supreme court, and I think it is not usual in the States to affix any limitation. But if a limitation shall be desirable hereafter it will be competent for Congress to prescribe a limitation. It is certainly not desirable now, and we cannot tell now, under this Administration, when it may be desirable to affix a limitation.
Mr. CONKLING. Gentlemen seem to agree that if a crime or offense is outlawed or barred it cannot be revived by subsequent enactment. Now, I ask the Gentfrom Ohio whether his whole purpose would not be accomplished by repealing the statute of limitation as itstands, and whether it is worth while, ” not only to repeal the statute, but to put in the bill an attempt to do what we know we cannot constitutionally do, namely, revive an offense which is in truth outlawed. I understand this bill in the commencement to repeal and brush away that statute by virtue of which alone this crime is outlawed, and it then proceeds to enact that all persons who have heretofore at any time (that is the legal construction of the language) committed treason shall be punish able hereafter. And yet we know that if in truth the statute has run the offense is dead, and any law which seeks to revive it is an expostfacto law. Now, I submit to the Gentfrom Ohio [Mr. LAwkENCE] that we will accomplish his whole purpose by a simple repeal of the statute of which he desires to get rid.
Mr. LAWRENCE, of Ohio. I think it better to leave the question to the courts to determine how much of this bill may be operative. If this bill shall not pass them all the early treason of Jeff. Davis o those who cooperated with him will be entirely exempt from punishment. I am willing to go to the very verge of the Constitution for the pu of reaching the early treasonable acts which inaugurated the late rebellion. I do not know what the courts will hold upon this question, and for that reason the bill has been introduced in this shape.
Mr. STEVENS. Mr. Speaker, I approach with great distrast all bills of this kind, which are evidently brought forward for the purpose of ascertaining how we can convict men whom we eannot convict under laws existing when the crimes were committed. I do not believe that it becomes this nation, I do not believe it is safe for us to undertake to pass laws by which we can or may be able to punish men however guilty who could not be punished under the law existing when the crimes were committed. Could we now change our Constitution so as to change the place of trial of traitors, to say Ne, sir; that the venue might be changed, and that they should be tried by jurors summoned from another bailiwick? The Constitution and our laws provide very carefully that, especially in the ease of treason, the party charged with that crime must be tried at the place where the overt act was committed, in a district previously ascertained by law, and by a jury. that bailiwick. Now, any law which professes to. that in any respect looks to me so much like an attempt to commit judicial murder that I have always been afraid to attempt it. I am aware that the traitors in the South, if tried under our existing Constitution and laws, will not one of them be convicted. I should never attempt to try them for treason; I would try them as belligerents, under the law of nations and the laws of war.
Mr. LAWRENCE, of Ohio. We have no reason to expect of the Administration any such trials.
The SPEAKER. The morning hour has expired. This bill goes over until tomorrow, when the Gentfrom Pennsylvania will be again entitled to the floor. o G. E. ProkftT.
The SPEAKER, by unanimous consent, laid before the House the following message from the POTUS:
The POTUS. To the HoRep: I transmit herewith reports from the SecyWar and the AttyGen in compliance with a resolution of the 3d o instant rethe President to communicate to the onse, “if not in his opinion incompatible with the public interests, the information asked for in a resolution of this House dated the 23d June last, and which resolution he has up to this time failed to answer, as to whether any application has been made to him for the pardon of G. E. Pickett, who acted as a major general of the rebel forces in the late war for the suppression of insurrection, and if so, what has been the action thereon; and also to communicate copies of all papers, entries, indorsements, and other documentary evidence in relation to any proceeding in connection with such application; and that he also inform this House whether, since the adjournment at Raleigh, NCarolina, on the 30th of March last, of the last board or court of inquiry convened to investigate the facts attending the hanging of a number of U.S. soldiers for alleged desertion from the rebel army, any further measures have been taken to bring the said Pickett or other perpetrators of that crime to punishment.” n transmitting the accompanying papers containing the information requested by the HoRep, it is proper to state that, instead of bearing date the 23doffungias, the 1st resolution was dated the 23d of July, and was received by the Executive only 4 days before the termination of the session. AndrewJohnson. WASHINGTON, D. C., December 11, 1866. The message, with the accompanying documents, was laid on the table, and ordered to be printed. REPORT OF REGISTER or TREASURY.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyTreasury, transmitting pur. suant to the act of August 26, 1842, the report of the Register of the fo, of receipts and expenditures for the year ending June 30, 1865; which was laid on the table, and ordered to be printed. soLDIERs' AND SAILORs' orphans' Home.
Mr. INGERSOLL, by unanimous consent, reported back from the ComDistCol, with an amendment in the form of a substitute, a bill (H.R.No. 848) to amend an act entitled “An act to incorporate the National Soldiers' and Sailors' Orphans' Home, ” approved July 25, 1866, and whereby certain corporate rights are Julia B. Grant and others. granted to Mrs. The amendment reported by the committee was read and agreed to. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the time and passed, On motion of Mr. INGERSOLL, the title of the bill was amended so as to read, “An act to amend an act entitled ‘An act to incorporate the National Soldiers' and Sailors' Orphans' Home, ” approved July 25, 1866.”
Mr. INGERSOLL mtRtv the bill was passed; upon the table. agreed to. REMOVALS FROM OFFICE.
The SPEAKER stated the next business in order to be House bill No. 664, for the regulation of appointments to and removals from office, on which the Gentfrom Pennsylvania [Mr. WILLIAMs] was entitled to the floor.
Mr. WILLIAMS. I wish to suggest some modifications to the bill as originally reported. As soon as I have done that I will yield the floor to the Gentfrom NewYork, [Mr. HALE] I move the following to come in at the end of section 2: Provided, however, That so much of this section as makes the office vacant beyond the time of the refusal of the Senate to adviseand consent to a renomination o not be held to apply to cases of commissions to fill yacancies happening during the recess, and which, under the Constitution, are made determinable at the end of their next session. Alsostrike out these words in section 3: And in case of the nomination of any other person' or persons, than the one so commissioned, and the refusal of the Senate to adviso and consent thereto. the office shall not be considered as adjournment vacant upon the of the Senate, but the person so commissionedshall continue to hold and enjoy the same oafndSeenxaetrec, isaentdheunfutinl cthioensshathllerbeeofedituhreinr gnothmeinreacteedss and rejected or duly superseded by a i.by new appoint y and with the advice and consent of I now yield the floor to the Gentfrom NewYork.
Mr. HALE. Mr. Speaker, I have been instructed by the joint select, comRetrenchment, to which this subject was referred by concurrent resolution of the 2 Houses, to report a bill to this House, and under those instructions I now move the bill which they instructed me to report as a substitute for the bill proposed by the Gentfrom Pennsylvania. It is printed, but the copies for the house are not yet i.n. They are expected in and i.will be here before they will be needed. ”
The SPEAKER, The vote on the substitute will be reserved till the vote has been taken on the pending amendments for the perfection of ill.
Mr. GARFIELD. I ask that the substitute be read.
Mr. BROOMALL. I ask leave to offer an amendment to the substitute.,
Mr. HALE., I yield for that purpose with tIhe consent of his colleague, by whose courtesy hold the floor.
Mr. HALE. Mr. Speaker, I do not propose to occupy the attention of the House for any considerable time.
Mr. WILLIAMS. If the gentleman will excuse me, I desire to inquire as a question of order whether the question is to be taken on the amendments pending in the 1st in stance? If so, I.rather the Gentfrom NewYork.[Mr. HALE] would postpone his remarks until we reach his amendment in the regular way. The R. The question will occur 1st on the various amendments that have been offered by unanimous consent, and then on the amendment to the substitute offered by the Gentfrom NewYork, [Mr. HALE]
Mr. HALE. I have no objection to waiving my right to the floor for the present.
The SPEAKER. The Gentfrom Pennsylvania [Mr. WILLIAMs] can demand the previous question on his pending amendment, so as to have his bill perfected before the vote is taken on the substitute. "
Mr. FINCK, I wish to submit a few remarks on this bill, and ask the gentleman whether he will yield to me now?
Mr. WILLIAMS. I hope the gentleman will wait till the proper time. It is not my purpose to force action on this bill by any means, and I shall be glad to hear suggestions and allow amendments to be. But it seems to me it is better to take up the questions in the order stated by The SPEAKer.
The SPEAKER. The Gentfrom Pennsylvania [Mr. WILLIAMs] desires to perfect his bill before allowing general debate on the bill; that is, to have a vote on the amendments.
Mr. WILLIAMS. In regard to the suggestions of the Gentfrom Iowa, I have to say that I do not know that it was the sentiment of the committee that any distinction would be proper between civil officers and officers in the military and naval service, since all these officers are appointable by the President now by and with advice and consent of the Senate. We propose to enact, therefore, as well in regard to them as to officer in the civil service, that they shall not be removable at the mere arbitrary will of the Executive of the U.S.
Mr. KASSON. I will say that they are not now so removable. This in fact would limit the powers and regulations as they now exist. At present the President cannot remove at his will an officer of the Army or Navy, but after the action of a court of inquiry or court martial they may be dismissed by the proceedings that appertain to those 2 branches of the service, and this limits the power as it now stands to dismiss officers as the result of the proceedings of courts martial and courts of inquiry.
Mr. WILLIAMS. I hope the gentleman will excuse me for differing from him in regard to the law. I think it has been ruled that the President may exercise this power, or at all events the practice has pool. in conformity to the opinions of Attorneys General, that he may turn an officer out of the mili or naval service of the Government without inquiry in a court martial or court of inquiry. By way of meeting this difficulty, Congress some 2 years ago, in 1863 or possibly in 1865, passed an act, to which I had occasion to refer in my opening remarks a few days ago, providing that.an officer in the military service was dismissed he should be entitled to demand a court of inquiry or court martial, and if not accorded to him within 6 months, or if upon the granting of that request he should not be either condemned to death or dismissal from office, then he should be restored to the place from which the President had removed him. That shows what is the sentiment of the House on this very question, and it shows what the past practice has been; because this act was a commentary on that practice and was intended to put a stop to it. Now, as soon as the Gentfrom Iowa [Mr. KAsson] will show me sufficient cause for distinguishing between these 2 depts of the public service, then I will willingly yield. I felt inclined myself and I may say it now to suggest a provision in this bill to the ef fect that officers in these depts of the public service should hold their offices during good behavior, as I think they ought to i. do, but not think that the House would be prepared for its adoption, and therefore I did not think proper to offer it.
Mr. KASSON. I understand that in point of fact the law does not permit the POTUS of his own will to remove an officer of the Army and Navy. That is admitted to be the present law; and that justifies the statement that if made that he cannot of his own will do it. Now this amendment proposed here, providing that no officer shall be removable except by impeachment or by the President, with the advice and consent of the Senate, does prohibit removals as the result of courts martial as now allowed by law. I do not apprehend that my friendfrom Pennsylvania If my friend will allow me, wishes to change the law in that particular; and if he does not, he should certainly limit the provision to the civil service.
Mr. WILLIAMS. I did not know that the law was as stated by the gentleman, but I do not know that it would make any difference if we should "g. a provision of this sort giving to the Senate the power it exercises in analogous cases in the civil service. I think that the power would never be abused.
Mr. ROUSSEAU. Will the Gentfrom Ohio [Mr. GARFIELD] permit me to ask him a question?
Mr. ROUSSEAU. I would inquire whether it was not the fact that the general in command of the Army of the Cumberland, General Rosecrans, did dismiss officers upon his own motion, without any authority from the President?
Mr. GARFIELD, No, sir. The POTUS, under the law of 1862, was not only authorized but requested to dismiss officers summarily when he thought it for the good of the service, and by an express order he authorized General Rosecrans and other generals to use the same power when ever in their judgment it would be proper to do so., General Rosecrans exercised the power, as he had a perfect right to do. The objection I urged againstitin the 38th Congress, was that it was a terrible vower, one which ought never to have been go even to the POTUS except in a great emergency, such as clearing out the traitors from our country at the beginning of the war.
Mr. ROUSSEAU. Did not General Rosecrans dismiss officers from the Army without any express authority from the War Dept.
The SPEAKER. The gentleman has the right to modify any amendment offered by j. him; but no amendment can be incorporated as a part of the bill without a vote of the House.
Mr. WILLIAMS. My reason for suggesting the question was, that if those propositions are to be voted upon I would desire that the vote be taken before other gentlemen proceed with their remarks.
The SPEAKER. The Gentfrom Pennsylvania presented various amendments to the bill. He has just modified them. They are now pending to be voted on, but in their modified form.
Mr. KASSON. Iowe were to pass upon the amendments to the 1st section in the 1st instance.
Mr. WILLIAMS. I suppose that will be the order.
The SPEAKER. The amendments will come up in regular order as applied to the bill, unless the Gentfrom Pennsylvania suggests another way. The amendment of the Gentfrom Iowa is the 1st in order.
Mr. KASSON. I wish to say, then, that the point I have made has not been answered by the Gentfrom Pennsylvania, that the provisions proposed by him preclude all remov als in the Army or through the medium of courts martial. My object is to avoid that, and to allow officers to be removed in that way, as has been the uniform custom of the Government, and to which I know there has been no opposition. That can be accomplished in 2 ways, by a proviso at the end of the section, or by moving my 1st amendment, so as to strike out the words “same agencies which concurred in his appointment, ” and insert “sentence of court martial, or by impeachment and conviction, or by the President, with the consent of the Senate.” That will provide for the recognized mode of removal. ‘If that should be satisfactory I will take the question in that form. I understand there is no objection to the amendment, and I will not take up any more of the time of the House.
Mr. HALE. Let me make an inquiry. I do not know that I understand the method of proceeding. general debate is to be postponed till the amendments have been loof or till after the substitute has been voted on? I learn there are gentlemen on the other side, as well as on this side of the House, who wish to discuss the bill, and f submit whether it would not be more appropriate to have the discussion before the vote is taken on the amendments. We ought, I think, to have the whole subject properly discussed before taking any vote.
Mr. WILLIAMS. So far as I am individ ually concerned I am not tenacious of any opinion I may have formed on this question. I know my opinions are wholly crude and im mature, and I should like to profit by the opinion of the House. I know the lois surrounded with great practical difficulties, and I know it is much easier to point out deIfects than to make a bill that is perfect, which think few gentlemen could be capable of doing. I should like, and I have no doubt that is the general wish, to collect the sense of the House on the subject. Therefore, unac quainted as I am with the parliamentary rules, all I can say is, I am willing to consent to bring about anything to facilitate this matter and enable the House to come to the debate at large on this subject.
The SPEAKER. The Chair generally looks to the author of the measure to indicate the course to be pursued.
Mr. WILLIAMS. It seems to me the better plan would be 1st to take the vote on the amendments. I demand the previous question on the amendments to the original bill. the Senate, or on whose nomination that
Mr. GARFIELD. Will that cut off modifications?
The SPEAKER. It will. The Chair knows of no way in which modifications can be made after the demand for the previous question.
Mr. KASSON. "Cannot we have the previous question on each separate amendment?
Mr. KASSON. Then I move the previous question on my amendment.
Mr. GARFIELD. I move the rules be suspended and the House go into the ComWhole on the state of the Union, so we may consider this bill section by section.
Mr. WENTWORTH. How will that affect the debate postponed yesterday?
The SPEAKER. The gentleman will be entitled to the floor when the subject is resumed..
Mr. STEVENS. I wish to make an amendment before going into committee. I desire to modify my amendment to the original bill by striking out all after the word “adjournment, ” in line ten, section two, to the end of the section, as follows:. And in no caseshall any person who hasbeen nom ated by the President for any office and Foby bodyhas failed or declined to act in the way of consentor refusal, be appointed, or adjournment commissionedby him after the and during the r ic. that body to hold the same office for which he had been previously nominated. And by inserting in lieu thereof the following: o That every, person who has been or shall hereafter be nominated to the Senate for office, and who shall fail to receive the advice and consent of thereto, the Senate shall be incapable of holding any office under the U.S., for the term of 3 years after such rejection, unless, 2/3rds of the Senate shall relieve him of such disability. The predecessor of any nominee, rejected by the Senate shall still continue to hold his said office. Wheneyer any person has assumed office, and is discharging its duties on the nomination of the President before he has been confirmed by the Senate, on his rejection all the subor dinates or deputies who have beenappointed by him, or on his recountnendation, shall vacate their places and cease to act.
Mr. WILSON; of Iowa. Is that amendment in order?
The SPEAKER. The gentleman has a right to modify his amendment. The House having waived the rule, we have got in the dilemma of having several amendments offered at once. I would like to know whether the
Mr. KASSON. I rise to a question of order. I had the floor, and moved the previous question. Since that time my friendfrom Ohio [Mr. GARFIELDJ has proposed to go into ComWhole, and other amendments are proposed to the bill. Am I not entitled to if have a vote on my amendment?
The SPEAKER. By the rule any gentleman moving an amendment has a right to modify it previous to the vote. The Gentfrom Pennsylvania [Mr. STEveNs] has that right.
Mr. KASSON. I demanded the previous question.
The SPEAKER. That is true, and the gentleman's amendment is still pending; but the Chair supposed the gentleman yielded to gentleman }. Ohio, [Mr. GARFIELD,) who moved to go into ComWhole.
Mr. KASSON. No, sir; I insist on my demand for the previous question on my amendment, to strike out in section one, lines 5 and 6, the words, “the same agencies which have concurred in his appointment, ” and to insert in lieu thereof “sentence of court mar tial, or by impeachment and conviction, or by the President with the consent of the Senate.”
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof The amendment was agreed to.
Mr. KASSON. I now call for a vote on my 2nd amendment: in line 12 to strike out the words “AttyGen” and insert “bead of that Dept under whose juris diction such officer may be.” The gentfrom Pennsylvania. [Mr. WILLIAMs] has no ogjection to it. amendment was agreed to.
Mr. KASSON. My next amendment is a verbal one: in lines 14 and 15 to strike out the words, “have an opportunity of acting thereupon, ” and insert the word “act;” so that it will read, “until the Senate shalfaet thereon.”
Mr. KASSON. I have an amendment which has been discussed. It is in the form of a proviso, to come in at the end of the 1st section, as follows: Provided, That this section shall not apply to the heads of the several Executive Depts or their 1st assts. I have already stated the reasons which, in my judgment, render it important that this amendment should be adopted. Even when a POTUS has been elected in whom the people have confidence, you tie his hands. this bill against changing Cabinet officers or confidential advisers. You cannot carry on your executive Government without having a responsible head of it authorized to select his advisers and administrators. You cannot carry it on successfully in a condition of dissension between the President and his confidential advisers. You will have no claim to make a President responsible, as he constitutionally is, for the integrity of the administration of the Government, unless you give him the power to select the agents by whom he is to administer it in the way proposed, not only with the consent of the Senate, but in vacation. When it becomes necessary for him to make a change it seems to me he ought to have the power to do it. Sir, we must be careful in proceeding at this time under the excitement that maturally and justly agitates this House lest our action shall “return to plague the inventor.” While we are changing the custom which has prevailed from Washington till now, and justly changing it, let us not go so fareas to place the respon sibility in the Secretaries of not in the president, for the scope of the bill reaches even that far now.
Mr. SCHENCK. With the permission of the Gentfrom Iowa and concurring with him in the general principles that he lays down, I wish to call his attention to an inquiry that I have no objection to suggests itself to me, why the 1st asst in a Dept should be excepted? In the bill prepared by the JtCommee on retrenchment, and which my friendfrom NewYork [Mr. HALE] has, I believe, already moved as a substitute for this bill, we have borne in mind the principle now suggested by the Gentfrom Iowa, and have exeepted the SecyState, the SecyTreasury, the SecyWar, the SecyNavy, the SecyInterior, the PostMGenl, and the AttyGen. I do not know that it appears as clearly that the 1st assts should be excepted. If, for instance, the 1st Asst SecyTreasury is excepted, why should not the Seeond Asst Secretary be? They are both confidential officers. And so in the postoffice Dept; if you except the 1st Asst PostMGenl, why not except the 2nd and 3rd Asst Postmasters General? They are each equally confidential officers subordinate to the PostMGenl, and their offices are made necessary from the fact that there are 3 divisions of duty in that Dept. Although there may be a certain propriety in giving this exception to the person at the head of the whole Dept, that does not apply to the asst heads. I desire to retain the principle for which the gentleman contends, for I think it is sound and safe; but I prefer to limit the application to the heads of Depts alone.
A MEMBER. Does the 1st asst act as Secretary in Cabinet meetings?
Mr. KASSON. In the absence of his chief he takes his place, and I have myself sat in the Cabinet of the President as 1st Asst PostMGenl.
Mr. GARFIELD. In view of the tangled condition of this bill and the many amendments offered, I suggest that it be referred to ComWhole and made the special order, and I will then move to go into ComWhole upon it.
Mr. WASHBURNE, of Illinois, I do not see the object of that. We can by unanimous consent consider the bill as in the ComWhole of the House.
Mr. GARFIELD. ably 20 amendments pending or ready to be offered amendments, both verbal and substantial and I think we can dispose of them mueh better in committee than in the House.
Mr. WASHBURNE, of Illinois. By unanimous consent we can consider the bill in the House as in the ComWhole.
Mr. GARFIELD. I have no objection to that.
Mr. WASHBURNE, of Ifline is. Then mod ify your motion.
Mr. GARFIELD. I will make this proposition, then, that the bill be considered in the House as in the ComWhole..
The SPEAKER. That will allow 5 minutes' debate for and against amendments until the bill is o to general debate.
Mr. Fo Will there be any general debate allowed on this bill?
Mr. HALE. I would inquire if it is in order to move an amendment to the amendment of the g.enStlePmEaAnKEfrRom. Iowa, [Mr. KAssox?] It would be in order.
Mr. HALE. I move to amend the amendment by striking out the words “or their 1st assts.”
Skip Skip The amendment to the amendment was adopted. The question was then taken upon the amendment of Mr. KAssoN as amended; and upon a division there were ayes 38, moes 50; no uorum voting. Mr. KASSON. I call for the yeas and hays upon the amendment as amended. The yeas&nays were not ordered.Mr. N. I call for tellers. Tellers were ordered; and Messrs. KAsson and Writtaws were appointed. noes 46. rowfii is Ms. On this question I de' mand the yeas&nays. The SPEAKER. The yeas and mays have been refused. Mr. WILLIAMS. Then I move to reconsider the vote by which the yeas&nays were refused. So the motion to reconsider was not to; and the amendment was adopted.
Mr. GARFIELD. I move further to amend the 1st section by inserting after the word “public, ” in the 8th line, the word “ser. vice;” so as to read, “where the interests of the public service may make it necessary, ” &c. M. WILLIAMS. There is no objection to that amendment.
Mr. GARFIELD, I move also a verbal amendment: to strike out in the 2 2nd line the words “advising and consenting, “ and insert in lieu thereof the words “refusing to advise and consent;” so that the clause will read: And in case of the refusal of the Senate to concur in the removal, either by a direct vote thereon, or by refusing to advise and consent to the appointment of the person so nominated, &c.
Mr. WILLIAMS. That amendment will give the clause precisely the contrary meaning to what is intended. If the genileman will examine the text he will find it right as it is.
Mr. GARFIELD. I have examined it care fully, and I think the amendment is necessary; but as other gentlemen appear to object to the amendment I will withdraw it.
Mr. DONNELLY. I move to amend by adding at the end of the section the following: And provided further, That in appointment all caseswhere an has been madeby the President during the recess of the Senate, but the party so appointe has not been confirmed by the Senate and entered upon the discharge of the duties of the office before the passage of this act, then and in occupant that case the of the office shall continue to hold and exercise the same until his successorhas been confirmed by the Senate. Mr. Speaker, a few words in explanation of this amendment may be necessary. It is designed to cover a class of cases not otherwise provided for in the bill. There have been cases in which an appointment has been made during the recess of the Senate, notice of the appointment given, and the commission made out, but either from delay in filing the bond or
Skip Skip The House divided; and the tellers reported ayes 57 On the motion there were ayes 47, noes 57. taking the oath of office, or from the remoteness of the locality, as is the case in my own district, the new appointee has not up to the present time, ente upon the duties of the office, and probably will not do so until after the passage of this bill. This amendment proposes to cover such cases by providing that if at the time of the passage of this act the former incumbent is still in the office he shall continue to exercise the duties of the office until the new appointee is confirmed by the Senate.
Mr. BINGHAM. if I rightly understand the purport of this amendment, it is open to objection as conflicting with the provisions of the Constitution. I ask that it be read again. The Clerk again read the amendment.
Mr. BINGHAM. I desire to inquire of the Gentfrom Minnesota whether his amendment contemplates appointments the vacancies happening during the recess of the Senate, or appointments to fill vacancies created by removals.
Mr. DONNELLY. It is designed to meet the question which might arise, whether the vacancy commenced from the date of the commission or from the time when the party enters upon the duties of the office.
Mr. BINGHAM. All I desire to say is, that if a vacancy happens during the recess of the Senate and the President makes an appointment to fill the vacancy and issues a commission, the Constitution itself defines the duration of that. The express dec e laration of the Constitution is: The President shall have power to fill up all vacancies that mayhappen during the recessof the Senate. by granting commissions, which shall expire at end of their next session.” the If the amendment of the Gentfrom Minnesota contemplates in such cases an extension of the term of office beyond the end of the present session of the Senate, it is in direct conflict with the letter as well as the spirit of the Constitution. The amendment was not agreed to.
Mr. WILLIAMS. If my friend had adverted to the amendment already adopted on motion of the Gentfrom Iowa, he would have noticed that removals or dismissals shall only be by sentence of court martial. If he makes it read that no civil officer shall be removable except under these circumstances he will then see what will be the effect of his amendment.
Mr. SCHENCK. The amendment can only be cumulative as it is now provided for by law. If this bill has been so amended it only accomplishes the same thing in less precise way than is now provided by law. It is another argument why we should confine this bill to its application to civil officerS.
Mr. WILLIAMS. The gentleman would make it read so that no civil officers shall be removable except by court martial.
Mr. SCHENCK. That can be reconsidered so as to make this apply to civil officers exclusively. If the motion prevails which I now make, and I do not move it proforma, I will move to reconsider the vote by “court martial, ” &c., which the words were inserted.
Mr. GARFIELD. I am very glad to know what I had not observed before, that on the last night of the last session a section was got into the Army bill repealing that section from which the President seems to derive authority to dismiss without trial. But I wish to say, Mr. Speaker, that for the very reason which the gentleman has stated induced him to put in the word “civil, ” I hope it will not be inserted. For he himself confesses that as the law now stands, although the President cannot remove summarily an officer of the Army in time of peace, he may do it in time of war. Now, at the very time when officers most need protection of their rights by court martial, when the passions of a superior officer may be most likely to seek their removal without trial, the gentleman proposes to allow the President to remove them summarily. I hope that all officers of the government will have by this bill a ground to stand upon, and that none of them, whether civil or military, may be removed at the will and pleas ure of any officer of the U.S. I hope therefore that the word “civil” will not be inserted here, but that the provision will be made even more sweeping than the gentleman has shown the law now to be in reference to military men, so that neither in time of war nor of peace shall any officer of the Army or Navy be dismissed from service without either a decision of a court martial or by the President with the consent of the Senate.
Skip Skip The question being taken on the amendment of Mr. Schexok to insert the word “civil” in section one, line, there were ayes 71, noes. 29. are naturally his wards; and although he may Mr. WILLIAMS. I demand the yeas&nays. e yeas&nays were not ordered. So The amendment was agreed to.
Mr. HALE. I propose to amend the 1st section in the 16th line, by striking out the word “ten” and inserting “ 20, ” so that it will read, “and it shall be the duty of the President, within 20 days after the next assemblage of that body, to report to it the fact of such suspension.” This question was considered in the select comRetrenchment, and I understand the amendment is satisfactory to the gentleman who has charge of the bill.
Mr. HALE. I move further to amend by adding at the close of the section the following: But the salary and emolumentsof such officeshall, during such suspension, belong to the person so porarily commissioned and performing the dutietsemof such office.
Mr. HALE. I move a further amendment, to come in at the end of the section after the last amendment, as follows:, Provided, That the President, in casehe shall be satisfied that such suspension was made on insufficreiepnotrgtirnogunds, shall be authorized at any time before such suspension, as above provided, to revoke such suspension and reinstate such officer in the performance of the duties of his office. It simply enables the President when he shall be satisfied that the suspension has been unad visably made to revoke the suspension without going through the form of sending it to the Senate.
Mr. WILLIAMS. I take it for granted he can do it at any rate before he has made his report. It will do no harm, however.
Mr. KASSON. I ask unanimous consent to strike out certain words which were inserted in the 1st section. In consequence of opposition to the amendment which I proposed, to insert the word “civil, ” I moved to amend by inserting the words “sentence of court martial, or by impeachment and conviction, or by the President with the consent of the Senate;” which was adopted. The word “civil” having since been inserted, it becomes necessary to strike out the words “sentence of court martial or by.”
The SPEAKER. The next amendment in order is that proposed by the Gentfrom Pennsylvania,
Mr.. STEVENs, I to strike out all after the word “adjournment, ” in section two, line 3, and insert what will be read by the Clerk.
The Clerk read, as follows: That every person who has been, or shall hereafter be nominated to the Senate for office, and who shall fail to receive the advice and consent of thereto, shall be incapable of holding any the exeSceuntaivtee office under the U.S. for the term of 3 years after such rejection, unless 2/3rds of the Senateshall relieve him of such disability. The predecessor of any nominee rejected by the Senate shall still continue to hold his said office. Whenever any personhasassumedoffice, and is disgharging its duties on the nomination of the President before he has been confirmed by the Senate, on his rejection all the subordinates or him, deputieswho have been appointed by or places on his recommendation, shall vacate their and cease to act.
Mr. STEVENS. The present bill provides that the President shall not appoint a rejected party to the same office. Now, sir, that does not satisfy me. We are acting upon this question as if the constitutional requirements had not been followed and we are providing how hereafter these offices are to be disposed of We know, for I may refer to that now, that since the last session of Congress a class of the meanest men that God ever overlooked in making mankind have been appointed to office and are now awaiting the rejection or confirmation of the Senate. I have no doubt that a great many of them will be rejected, but if the President is allowed to appoint them to any other offices he will reward them all. He understands taking care of just such men; they not be allowed to appoint them to the same offices, he will roll them over into something else that will be as distasteful to the public mind as their present appointments. Now, if they have been tried and found wanting by the Senate give them one year to purify themselves before they shall be appointed to any other executive office, and some gentlemen think it will take more than that must, therefore, insist that these men shall be punished, if you please, for having consented to the meanness of becoming reptiles to crawl into office through such slimy places as they have done during the time that we have been “swinging around the circle, ” [laughter] and that everything done by them shall be considered as a nullity. I confess to my desire to punish these men by refusing them not, only these offices, but all others. I have no objection if it is looked upon as a little stigma in their neighborhood. I think that the fact of their acceptance of office is evidence that they are too mean to hold it, too dishonest to be trusted with it.
Mr. HALE. I. rise to oppose the amendment. The distinguished Gentfrom Pennsylvania [Mr. STEVENs] has been complimented several of his associates upon this floor as having suddenly become conservative. [Laughter] I was delighted to witness it and welcome his accession to those ranks; but I regret to say, that with the zeal common to neophytes he goes far beyond what those heretofore considered as in some measuresustaining the President have been willing to go. The gentleman, proposes to put into the hands of the President alone, without the concurrence of anybody whatever, such power as I think never was intrusted to anyone man in this Government. For, let us consider, if the President should nominate any person to any office who shall be rejected by the Senate and the gentleman will bear in mind that it does not necessarily presuppose the consent of the person. ”.rejection renders the person so nominated incapable of holding any office except when relieved of the disqualification in one particular manner.
Mr. STEVENS. I will run the risk of being punished in that way.
Mr. HALE. We all know that the gentleman is competent for almost any position on the face of the earth, and yet there may be positions for which, if the President in hostility should think, fit to nominate him, the Senate might deem him unfitted. He might not, for instance, be considered by the Senate a suit able person to command a regiment, or to be general in chief of the Army, or a captain in the Navy; and yet the President has nothing to do but to send in the name of the Gentfrom Pennsylvania for such an office, and if the Senate, deeming him not particularly qualified for service in that line, should reject him, we know how much we should all regret his invalu able services here. "
Mr. STEVENS. In that case I should come to the gentleman and ask him to unite with others to get the Senate to take off the disability, so that I might take the office which he would desire me to hold, and I am sure they would do it.
Mr. HALE. The gentleman does not mean that; he would not come to me for such a purpose, because I should have no weight in that ine. But the House cannot fail to see the absurdity to which the amendment of the gentleman "leads. If the President desires to get rid of GenlGrant he has nothing to do but to nominate him for Chief Justice and let the Senate reject him for that office, and the office of General is vacant and the present holder disqualified. I cannot believe that the Gentfrom Pennsylvania seriously proposes to put this power into the hands of the President, and although I have heretofore to some extent been considered a mild supporter of the President, I cannot go that length. I trust, therefore, that his amendment will be rejected. The question was upon the amendment of Mr. STEVENS.
Skip Skip The question was taken; and it was decided Fthe negative yeas 18, nays 132, not voting 41; So the amendment was not agreed to. DEFICIENCY BILL.
Mr. STEVENS, by unanimous consent, reported from the ComAppropriat a bill making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes; which was read a 1st and 2nd time, referred to the ComWhole, and made the special order for Thursday next after the morning hour, and from day to day until disposed of, and ordered to be printed.
Mr. WASHBURNE, of Illinois. I give notice that I desire to reserve the point of order in regard to all new legislation, and such matter that may be in the bill just referred to the ComWhole. EMPLoyees IN Executive DEPTs.
Mr. STEVENS, by unanimous consent, also introduced a JtResolution granting additional compensation to certain employees of the Exec. utive Depts in Washington; which was read a 1st and 2nd time, and referred to the ComWays&Means. LEAVE To witHDRAw PAPERs.
Mr. LATHAM. I ask leave to withdraw from the Military Committee the papers in the case of Daniel Cole, and have them referred to the ComInvalidPens. They were referred to the Military Committee by or es o Leave was granted accordingly. leave of ABSENCE. Mr. LATHAM also asked and obtained leave of absence for 2 days for his colleague, Mr. CHESTER. D. HUBBARD. And then, on motion of Mr. WILSON, of Iowa, (at 20 minutes before 4 o'clock p.m.,) the House adjourned.
Skip Skip PETITIONs, ETC. The following petitions, &c., were presented under thoro anored to the appropriate committees: Tai oaofgo."o: of J By MrI.n lostrator 91SamuelP. Todd, deceased. Mr. CONKLING: The petition of Rev. Dr. Y and others, osking modification of taxes paid by clergymen, teachers, and certain others. Also, the petition of manufacturersof and workers in ivory, horn, bone, &c., askingchangeof the toif. M By Mr. DARLING: The petition of marine under writers of the city of NewYork, for an appropriation to remove the wreck of the steamerScotland at Sandy ook. By Mr. LAWRENCE, of Ohio: The petition of Jamsison B. W. Harris, of Union county, Ohio, for a Also, the petiti on of B. Colli ns, and numerous others, of Darke county, Ohio, for the impeachment of Andrew. Johnson, POTUS Mr PAiNE: The petition of Winchester deWolf & Co., and others, of Whitewater, Wisconsin, to add certain manufactured articles to the free list. Mr. PERHAM: The petition of George H. Emerson, and others, clergymen, professors, and teach i. modification of the internalrevenue tax on 80iaries. ti.tiBoynMorf. tWheAoSwHnBerUoRfN the ofstMeaasmsaecrh SuasnetattsM; aTrhise.’fDore ofor use and damageto the same by the government. ofBy;Mr. WINDOM: A memorial of B.A. Froiseth, Paul, Minnesota, in relation to foreign emi gration. NOTICE OF A BILL. The following notice for leave to introduce a bill was given under the rule: By Mr. WINDOM: A bill to incorporate the DistCol Canal and Sewerage Company..
@@@IN SENATE SENATE. WEDNESDAY, December 12, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS AND MEMORIALS. The PRESIDENT protempore. The Chair has received and takes this opportunity to lay before the Senate the memorial of Wii. Boyd, of Washington city, DistCol, the substance of which, stated in his own words, is: “I humbly ask your honorable body that you make no distinctions in regard to either color or sex if you fothink proper to extend the elective franchise in this District, which I beg of your honorable body to do immediately; so that hereafter there shall be no distinction of race or sex. I am among thosewho believe that slavery will never die until all laws are so constructed as to hold all mankind as equal before the law.” As there is no committee before which this subject is pending, it being under debate in the Senate, this petition will be received and laid on the table if there be no objection. Mr. LANE presented the petition of Cincinnatus W. Harper and Clarence C. Harper, children and heirs at law of the late John Harper, deceased, praying for compensation for the use and occupation of their land by the U.S. Government, in the county of Norfolk, State of Virginia; which was referred to the ComNavAffrs. Mr, WILSON presented 2 petitions of officers in the U.S. Army, prayin for an increase of pay; which were referre to the ComMilAffrs . He also presented the petition of Adeline M. Gould, mother of Eugene M. Gould, late a private of company F, 3rd RhdIsland cav alry, praying to be allowed a pension; which was referred to the ComPensions. PAPERS WITH DRAWN. On motion of Mr. HARRIS, it was Ordered, That Eaton & Gage, contractors with the Navy Dept to supply the different navy yards with certain articles, have leave to withdraw from the files of the Senate their petition and papers prayin that their account may be settled upon principles o equity. NOTICE OF A BILL.
Mr. WILSON gave notice of his intention to ask leave to introduce a bill to amend an act entitled “An act to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes, ” approved July 16, 1866. BILL INTRODUCED.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 148)w". "; the thanks of Congress to Cyrus W. Field; which was read twice by its title, and referred to the ComForRel. WILLIAM HICREY.
Mr. WILSON. Ioffer the following resolution, and ask for its present consideration, if there be no objection: Resolved, That the amount directed to be paid to the legal representatives of the late William Hickey for funeral expenses., July by Senate resolution of 9, 1866, be paid by the .of the Senate out of the contingent fund of the Senate.
The PRESIDENT protempore. It requires the unanimous consent of the Senate to consider the resolution at this time.
Mr. FESSENDEN. I think it had better. o to the Committee to Audit and Control the contingent Expenses of the Senate.
The PRESIDENT protempore. The question now is on its consideration, not the disposition of the resolution. The Chair hears no objection to its present consideration.
Mr. WILSON. We have already passed a resolution, directing the payment of this money but we did not provide that it should be paid out of the contingent fund.
Mr. FESSENDEN. My own impression is that that resolution passed without very much consideration.
Mr. WILSON. If the Senator would like to have this resolution referred I shall not object to that.
Mr. FESSENDEN. I think it had better be referred. I understand that the benefit to be received from it it is a mere gift, at any rate will be received, inK. at least, by young gentlemen who ran away from this city and went into the rebel service, and that the whole family, with the exception of o, Mr. Hickey himself, was very quiet and a very excellent officer, were rather notorious for their secession proclivities and conversations. At any rate, I think that matter had better be understood before, we act on this resolution.
Mr. WILSON. I certainly have no objection to its going to a committee if any Senator desires that course to be taken. Whatever may be the views of these young men, the sons of Colonel Hickey, he himself was an officer of the Senate for many years, and I think served it with great fidelity. I believe he was a true Union man, devoted to the country, and throughout the war, and was entirely ithful.
Mr. FESSENDEN. I do not know anything to the contrary, and do not even suspect. i. to the contrary. What I mean to say is, that I have been informed how true it is I do not know that the benefit of this resolution will go to persons who really were engaged in the rebel service and left the District for that purpose. If that is so this money ought not to be paid.
The PRESIDENT protempore. Does the Senfrom Maine move the reference of the resolution to the Committee to Audit and control the Contingent Expenses of the Senate?
The PRESIDENT protempore.tion is upon that motion. The motion was agreed to. APPOINTMENTS DURING THE RECESS.
Mr. TRUMBULL. I submit the following resolution, and ask for its present consideration: Resolved, That the President be requested to the Senate whether any inform. ". appointed office required by law to be filled by and with the advice and consent ofsioned ouring the 3 c Senate, and who was commis of the Senate previous to the assembling of the present Congress to fill a vacancy, has been continued in such office and permitted to discharge its functions, either by the granting of a commission new or otherwise, since the end of the session. } the Senate on the 28thday of July last, without the submission of the name of such person to the Senate for its confirmation, and particularly, whether a surveyor 4 or naval officer of the port of Philadelphia has The ques thus been continued in office without the consent of the Senate. There being no objection the Senate proceeded to consider the resolution.
Mr. EDMUNDS. I move to amend the resolution by adding to the inquiry, “and if any such officer has exercised such functions whether he has received any pay or salary therefor.”
Mr. TRUMBULL. I have no objection to the amendment, and will accept it. It is in my wer to do so.
The PRESIDENT protempore. It is in the power of the mover to accept the amendment, and the resolution will be amended accordingly. The question is on the resolution. The resolution was adopted.
Skip Skip MESSAGE FROM THE HOUSE, A message from the HoRep, by Mr. MePHERson, its Clerk, announced that the House had passed the bill (S.No.308) confirming the title of Alexis Gardapier to a certain tract of land in the county of Brown, and State of Wisconsin. The message also announced that the House had passed a bill (H.R.No. 879) relating to brevets in the Army of the U.S.
Skip Skip PRESIDENTIAL APPROVAL OF BILLS. A message from the POTUS, by Mr. Robert Johnson, his Seeretary, announced that the President had today approved and signed an act (S.No.327) granting a pension to Mrs. Katharine F. Winslow. SUFFRAGE IN THE DISTRICT.
The PRESIDENT prot finished business is the bill (S.No.1) to regulate the elective franchise in the DistCol which is now before the Senate as in ComWhole. The pending is on the motion of the Senfrom vania, [Mr. CowAN, ] to amend the amendment reported by the ComDistCol, by striking out in the 2nd fine of its 1st section the word “male” before “person.” Upon this question the Senator Yom Missouri is entitled to the floor.
Mr. DOOLITTLE. I move that the Senate do now adjourn.
Several SENATORs. Vote. The motion was not agreed to.
Mr. POMEROY. I desire to say in just a brief word that I shall vote against the amendment of the Senfrom Pennsylvania, sim ". because I am in favor of this measure and do not want to weigh it down with anything else. There are other measures that I would be glad to support in their proper place and time; but this is a great measure of itself. Since I have been a member of the Senate, there was a law in this District authorizing the selling of these people. To have traveled in 6 years from the auction block to the ballot with these people is an immense stride, and if we can carry this measure alone of itself we should be contented for the present. I am for this measure religiously and earnestly, and I would vote down and ovote against everything that I thought weakened or that I thought was opposed to it. It is simply with this view, without expressing any opinion in regard to the merits of the angendment, that I shall vote against it and all other amendments.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Pennsylvania, [Mr. CowAN] to strike out the word “male” before the word “person, ” in the 2nd line of the 1st section of the amendment reported by the ComDistCol as a substitute for the whole bill, and on that question the yeas&nays have been ordered.
Mr. FOGG. I desiro to state that I have received a telegram from my colleague, [Mr. CitAGIN] who is in NewYork, stating that he is detained there by the sickness of his wife. The question being taken by yeas&nays resulted yeas 9, nays 37; 6. So the amendment to the amendment was rejected.
Mr. HENDRICKS. As a general proposition I am not in favor of basing the right to vote upon the intelligence of the voter; and in regulating the right of voting among white people I should not vote for such a proposition; but as it is now proposed to introduce into the citizenship of this District a large class of persons who are known to be very ill qualified to exercise the right of franchise, I feel it to be my duty in regard to them to vote for this qualification. I wish to make this expla nation before giving my vote.
###HOUSE OF REPRESENTATIVES. WEDNESDAY, December 12, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. The following members, in addition to those heretofore reported, appeared, namely: Missouri John Hogan. NewYork Thomas T. Davis and Demas Hubbard. Pennsylvania Charles Denison. WAR DEBTS OF LOYAL STATES.
Mr. BLAINE. I ask unanimous consent to submit the following resolution for consideration at this time: Resolved, That the committee on the wardebts of the loyal States be directed to inquire into the expediency of assigning to each, loyal State the right to tax the national banks within its limits aat rate not exceeding two%. annually on the capital stock, said tax to be in lieu of all national taxes except one 10th of 1%. on the averageannual circulation for the expenses of the Currency. Bureau, anol to be accepted by the loyal States as satisfaction in full for all claims against the Government for expenses incurred in raising and organizing troops for the late war, other than those that may be audited and paid under existing law.
Mr. HARDING, of Illinois. I object. REPORTS OF LAKE SURVEYS.
Mr. PAINE, by unanimous consent, introduced a bill to provide for the annual publication of a separate report of the progress of the survey of the northern and northwestern lakes; which was read a 1st and 2nd time, referred to the ComPrintg, and ordered to be printed. WITH DRAWAL or NATIONAL CURRENCY.
Mr. PRICE. I ask unanimous consent to offer the following resolutions: Whereas by an act of Congress passed at the last session it Treasury mwigahst provided that the Secretary, 9t, the withdraw from circulation $4,000, of U.S. notes each month; and whereas the object of such withdrawal was for the purpose of do stroying said U.S. notes, and thus gradually but surely lessening the volume of paper currency in the country, and thus enabling the Government and the banks to return, as f. }. as consistent with safety to a specio basis: Therefore, Be it resolved, That the ComBanking and Currency be instructed to inquire and report to this House what amountof U.S. noteshave been so retired and destroyed since the passageof said Act, what amount is now being destroyed daily, whether the notesso destroyed are counted by different men in different offices, and what safeguardsare in use for the certain destruction of all the U.S. notes which by law are now authorized to be retired; also, whether there is an accumulation of said noteson hand, whether acompleterecord is kept of all denominations, showing the amount of eachdenomination burned each day or week, and if so, whether such record is kept in more than one office, and whether in their opinion any further checks or guards, are necessary to insure the certain destruction of all U.S. notes which by law are now authorized to be withdrawn from circulation. Resolved, That in the judgment of this House a more speedy withdrawal of currency from circulation $th4a,0now0000, as authorized by the act of last session, to with each month, would not add to the generai welfare and financial prosperity of the country.
Mr. WENTWORTH. I object. LAND TITLES IN CALIFORNIA.
Mr. McRUER, by unanimous consent, introduced a bill to quiet title to land in the town of Santa Clara, in the State of California; which was read a 1st and 2nd time, and referred to the ComPubLands. BERRY AND HIGGINs.
Mr. RICE, of Maine. I. ask that by unanimous consent the ComWhole on the Private Calendar be discharged from the further consideration of the JtResolution (H.R.No. 128) for the relief of Berry & Hig gins, and that the JtResolution be recommitted to the ComPubBldg and Grounds. I desire then to move that the latter committee be discharged from the further consideration of the subject.
The SPEAKER. The effect of that will be that the bill will lie on the table, and no further legislation will be had.
Mr. RICE, of Maine. That is what I desire.
The SPEAKER. If there be no objection, the ComWhole on the Private Calendar will be discharged from the further consideration of the JtResolution, and it will be recommitted to the ComPubBldg and Grounds. There was no objection.
Skip Skip Mr. RICE, of Maine. I now move that the ComPubBldg and Grounds be discharged from the further consideration of the JtResolution, and that it lie on the table. The motion was agreed to. Mr. WASHBURNE of Illinois, mtRtv taken; on the table. agreed to. THE CONSTITUTIONAL AMENDMENT.
Mr. MILLER. I ask unanimous consent to offer the following resolution: Whereas several of the States lately in rebellion have through their Legislatures refused to ratify the amendments to the Constitution of the U.S., proposed by the 39th Congress at their 1st session: Therefore, 1. Resolved, That said amendments are deemed necessary for the preservation of required the Union, and in order to guaranty to every State a RFG. 2. That no State latcly in rebellion against the Government of the U.S. ought to have a representation on this floor as long as the ratification of said amendmenst such State declines. That said amendments are offering to the late rebellious States terms precedent to the admission of represention more conciliatory, than they had a right to expect, and if they continue to refuse to ratify the same conditions more stringent ought to be required. 4. That the doctrine of universal amnesty to those who endeavored in the late bloody conflict to dismember this Republic ought to be disearded by loyal patriot. every Mr. LeBLOND. I object. WENTILATION OF THE HALL.
Mr. BROMWELL. I ask unanimous consent to offer the following resolution:. Resolved, That the officers and assts having in charge the Hall of Representatives and the aproaches thereto, be directed, to open all the doors eading into the Hall and galleries, and all the out side doors in the Representatives'wing of the Capitol, and keep the same open for the space of after, every adjournment 2 hours of the House, and during 2 hours on the morning of each meeting of the House, at such hours as will allow sufficient time to heat the Hall properly for the use of the House.
Mr. ASHLEY, of Ohio. I object. NAVIGATION OF RIVER THAMES.
Mr. BRANDEGEE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved, That the ComCommerce be, and they are hereby, instructed to inquire into the expediency of an appropriation by the U.S. of such a sum of money as under the estimate of appropriate dept the shall be deemed sufficient for enlarging and maintaining the channel of the river Thames, at and below the City of Norwich. EATON AND GAGE.
Mr. HALE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved, That Messrs. Eaton & Gage have leaveto withdraw their memorial and papers referred to ComNavAffrs. the LEAVE OF ABSENCE. Mr. TAYLOR, of NewYork, asked leave of absence for Mr. HUMPHREY from last Mon day, to continue indefinitely. Leave was granted. ExCUSED FROM COMMITTEE SERVICE.
The SPEAKER. The Gentfrom Illinois [Mr. BAKER) desires to be excused from further service upon the select committee on the civil service of the U.S. If there be no objection he will be excused. There was no objection. TexAS.
Mr. COOPER presented the credentials of Benjamin H. Epperson, claiming to represent the 2nd congressional district of Texas; which were, under the rule, referred to the select JtComReconstruction. PUNISHMENT OF TREASON.
The SPEAKER stated the 1st business in order to be House bill No. 634, to repeal certain parts of the act approved April 30, 1790, entitled “An act for the punishment of certain crimes against the U.S., ” reported back from the ComJudiciary by Mr. LAwRENCE, of Ohio, pending yesterday at the expiration of the morning hour, on which the Gentfrom Pennsylvania [Mr. STEVex's] was entitled to the floor.
Mr. STEVENS. Mr. Speaker, having been somewhat admonished by my conservative friends I have gone far enough I will say nothing further. I understand the Gentfrom RhdIsland [Mr. JENckEs] desires to sayosupplemental to what I have said, and as he will say it better than I can I will yield the floor to him.
The SPEAKER. The Gentfrom NewJersey, [Mr. Rogers, representing the mine r.ity of the committee, is.the floor.
Mr. STEVENS. I yield the remaining por.tion of my time to the Gentfrom Rhod Island.
The SPEAKER. The gentleman is entitled to 52 minutes, having spoken 8 minutes yesterday.
Mr. LAWRENCE, of Ohio. Will the Gentfrom NewJersey [Mr. Rogers] permit me to ask him a question?
Mr. LAWRENCE, of ô?o. I would ask the gentleman if he desires the seats in this House to. be filled by the traitors whom this bill would reach and punish:
Mr. MAYNARD. I understand the gentleman to make reference to my own State. I do not know precisely the terms in. which he reto it, and I would like to have him repeat them.
Mr. ROGERS. I said there was one State in the Union which had representation in congress from the South, and that was one without a RFG, one governed by despotism, where 3/5ths of the people are disfranchised, where an oligarchy or aristocracy rules over the people.
Mr. MAYNARD. The gentleman's remarks relieve me from some misapprehension I was under from the previous portion of his speech, in which he announced that in a short time, perhaps after the 4th of March, this country would be governed by despotism and its liberties be gone. I suppose now he means to be understood that the people of the whole country will be governed by a policy similar to that which prevails at this time in Tennessee, by which the State is governed by the loyal people, those who have been its friends, those who during all our troubles have stood by it, those who by their sacrifices and efforts have saved it as a nation among the nations of the earth. If that is his meaning I congratulate the country it is going to pass, as I believe it will, into the hands of that class of the people who during this generation and every succeeding generation will continue to manage and control its affairs.
Mr. ROGERS. No State is a free one with a republican form that by force deprives 3/5th s of her white male voting population of the right of self government. T is the case in Tennessee. Its government, as administered, is a despotism, and that was the only reason that induced Congress to give her representation, knowing that as but few but Rii. cals could vote her power would be at least equally balanced in the House. When I speak of this Congress being a despotism I speak of the very same causes that i.our fathers to rebel against the mother country because the Parliament of England taxed the people of these Colonies without allowing them representation. I say that this Government taxes the people of the South millions and millions of dollars without allowing them representation in the lawmaking dept, that this is a tyranny and a despotism that ought to be discountenanced by every Union loving man, and that I hope succeeding generations will scoff at and put down.
Mr. GRINNELL. I would like to ask the gentleman a question. There happen to be some 4 million people in this country who for a good many years have not only been taxed without representation, but enslaved without their consent.
Mr. ROGERS. No, sir. 3/5th s of the the slaves and all the free negroes have always been represented and taxes paid for them. They were not citizens, and your constitutional amendment, which you ask the South to adopt, proves they were not citizens. You propose by virtue of it to make them citizens, for which there is no necessity if they were so before. Yet 3/5th s of the slaves and all the free negroes, who were not citizens of the U.S., have had heretofore a representation allowed to them in the Congress of the U.S. I am not here to find fault with the policy of a State as to who shall be allowed to vote, but I am here to claim that great right of representation in conjunction with taxation which our fathers maintained and for which they fought for more than 7 years against the mother country.
Mr. KELLEY. Will the gentleman yield to me?
Mr. KELLEY. I wish to congratulate the gentleman on having accepted my convictions, and to ask him whether I understood him rightly; whether, now that the people of whom we speak are citizens, slavery having been abolished, he agrees with me that they should not be taxed unless they are represented. He says he did not deem them entitled to representation while they were slaves. Does he think them entitled to representation now that they are citizens?
Mr. ROGERS. The gentleman does not understand my premises. I have not yet admitted, and nobody can draw that inference from my remarks, that the free negroes of this country were citizens of the U.S. Sir, it was understood in the early history of the country, and was settled in the Dred Scott case, and it has been followed from that time to this, that the free negro was not a citizen and he is not a citizen now; and to prove that he is not, it is only necessary to refer to the amendment which you ask the people 6f the South to adopt so as to make 1. very free negroes citizens of the U.S. If they were citizens before, and if they are still citizens, what is the use of having the South or the North ratify that amendment? The submission of the amendment to them is an admission on the part of every radical member of this House that they are not citizens or entitled to all the privileges and immunities of white citizens. They should not be taxed without representation, and are not deprived of representation, for all are to be counted in the basis of representation.
Mr. FINCK. I desire to ask my friendfrom NewJersey whether it is not true that since 1789 the negroes of the southern States and of all the States have been represented in Congress?
Mr. ROGERS. Most certainly, all of them have been represented, and 3/5th s of the slaves. My question is not about too much representation, but because the South have no representation. My point is that this Government does not give to the southern States any representation at all. I do not care how far you allow the negroes to be represented, for they are all now to be counted, as they are all free. You cannot extend representation too far, because our fathers founded representation on population, and I want the whole population of this country to be represented. But the question now arises as one between despotism and liberty, a question wherein the majority of this Congress by the exercise of unlawful, unauthorized, and unconstitutional powers are depriving our southern brethren of their rights of representation and still taxing them as did GreatBritain her Colonies.
Mr. KELLEY. to state the question as one between despotism and liberty, and it is upon that point I wish to interrupt him. I understand him to assert that that is despotism which denies to a citizen representation, and I desire to ask him whether that is liberty or despotism which denies to millions of its people not only representation but citizenship and yet taxes them.
Mr. ROGERS. It is net citizenship I complain of but the want of representation, and as I before stated all the negroes have representation. If the gentleman's theory of despotism as to suffrage and citizenship be correct, then our fathers who framed the Constitution of the U.S. were despots themselves, because they did not grant the right of suffrage to the people of this country by virtue of the Constitution, and only made white persons citizens, but left each of the States to regulate and control those subjects for itself, and all I ask is that each State in this Union shall have the right to regulate and control this question of suffrage and citizenship according to its own will. I want SCarolina and NewJersey and the other States to settle for themselves this matter of citizenship and suffrage as the Constitution gives them authority to do, and to allow such persons to vote as they please. And if they allow all negroes and all women and children and all foreigners to vote I will not find any fault, because it will be but an exercise of the sovereign power of the State expressly reserved to it, and over which this Congress has no control.
Mr. KELLEY. The gentleman misapprehends the scope of my question. I did not ask him as to the opinion of the founders of the Government, but those of the leader of the Democratic party in the House. Is he in favor of denying the right of representation and citizenship to 4 millions of the American peopie and their , and will he declaim against that as despotism which asks that every man shall be a citizen, and that no citizen who is not allowed a free voice in electing his representative shall be taxed directly or indirectly?
Mr. ROGERS., Sir, my position is simply that I am opposed to imposing upon the people of the South citizenship or suffrage by virtue of any congressional legislation or of amending the Constitution so as to give that power. I want each State to legislate on and control this question of citizenship and suffrage according to its own will. I claim that the power is in the hands of the people of each State to control and legislate on their own domestic policy, according to their own individual wishes, and I understood the gentleman' o I say that there is no authority in the Federal Government delegated to it by the States that will authorize 3/4ths of the States to take away, by virtue of a constitutional amendment, any reserved powers not delegated and handed over to the Federal Government in the formation of the Constitution of the U.S. I have always taken the ground that you cannot amend the Constitution of the U.S. so as to affect powers that did not come within the scope and meaning of the delegated powers. That is my position. Because if you can you can amend it so as to strike down and destroy every fundamental and reserved power which the Constitution gives to the States and which the States withheld from the Federal Government at the time it was established. That is my position. I am for liberty as much as anyone, but I am not in favor of negro suffrage. I oppose negro suffrage in every shape and form.
Mr. THAYER. I understand the gentleman to say that he is for liberty as much as anybody else. I ask him if he did not vote against the constitutional amendment abolish o
Mr. ROGERS. Yes, sir, upon the very simple ground that the institution of slavery was one that belonged to the States and one which the States had not delegated to the federal Government.
Mr. WILSON, of Iowa. I understood the gentleman to say that he opposed the constitutional amendment abolishing slavery. My rec ollection is that he did not vote on the subject.
Mr. ROGERS. The 1st time I voted; the next time I did not. I did not vote on it the 2nd time because I was sick upon my bed, and the physician who attended upon me will file an affidavit that I was unable to leave my bed at that time. I was confined to my room for 6 days. I would have deemed it a duty and a pleasure if my health would have allowed me to have voted against it. But it has been passed, the slaves are free, and as long as I live I will stand by and maintain their freedom. Slavery was made the corner stone of the rebellion, and when the rebellion went down it went down with it. It was submitted to the arbitrament of arms, and the decision went against it. It is now dead and gone, and when it rises again somebody else must blow the horn of resurrection. I never was in its favor in the abstract, but sustained the right of the States to control it as they pleased.
Mr. THAYER. Will the oallow me to ask him a question?
Mr. THAYER. The gentleman said a little while ago that in his opinion the constitutional amendment was void. Now he says that the negroes are free, and he admits the fact. I want to know from him how he recouciles these 2 statements.
The SPEAKER. Gentlemen must come to order.
Mr. LAWRENCE, of Ohio. Mr. Speaker, I was detained from my seat when the discussion began this morning, and therefore I have not heard all that has been said. But it appears to me that the debate has assumed a somewhat wider range than the bill imme diately under consideration would seem to require. The discussion, however, has presented some points which are well worthy of consideration. In order that the bill may receive that consideration which its importance demands, I move that it be recommitted to the ComJudiciary.
The SPEAKER. The Chair will state that much of the speech of the gentleman last on the floor [Mr. Rogers] had certainly no bearing on the bill before the House; but as no member raised any point of order the Chair did not think it proper to interpose.
Mr. ROGERS. such of my remarks as were" not immediately connected with the bill were drawn out by the interrogatories of other gentlemen; otherwise I should have confined myself strictly to the question before the House.
Mr. LAWRENCE, of Ohio. I certainly did not mean to reflect upon The SPEAKer or any member of the House. The motion of Mr. Lawrence, of Ohio, was agreed to; and the bill was recommitted to the ComJudiciary.
Mr. JENCKES mtRtv the bill was recommitted; upon the table. agreed to. BREVETS IN U.S. ARMY.
Mr. BLAINE, from the ComMilAffrs, reported a bill relating to brevets in the Army of the U.S.; which was read a 1st and 2nd time. The bill, which was read at length, proposes to authorize the President, by and with the advice and consent of the Senate, to confer brevet rank on officers in the Army of the U.S. on account of gallant, meritori ous, or faithful conduct in the volunteer service prior to their appointment in the regular Army.
Mr. BLAINE., Mr. Speaker, I will explain in a very few words what this bill is intended to effect. The Army of the U.S. is or soon will be made up by appointments, almost 9 10thsof which are of those who have been in the volunteer service. As the law stands at present, officers appointed in the regular Army cannot be breveted for what they have done in the volunteer service of the U.S., whereas officers of the regular Army who performed volunteer service under commissions from the States may be breveted for such service. The design of this bill is that officers transferred to the regular Army from the volunteer service may have the same opportunity to receive brevets for meritorious conduct as other officers who were in the volunteer service under commissions from the States. I call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. BLAIN E mtRtv the bill was passed; upon the table. agreed to. ARMY BILL.
Mr. SCHENCK. I am directed by the ComMilAffrs to report back Senate bill No. 401, to increase and fix the military peace establishment of the U.S. It is the Army bill of the Senate of the last session, which was disposed of by the committee of conference. I move that it be laid upon the table. The motion was agreed to. EXTRA PAY.
Mr. SCHENCK, from the same committee, also reported back adversely a resolution to extend 3 months' extra pay to certain officers; which was laid upon o table. On motion of Mr. SCHENCK, the ComMilAffrs also was discharged from the further consideration of a memorial on the same subject; and the same was laid upon the table. ALEXIS GARDAPIER.
Mr. THAYER, from the ComPrivLandClms, reported back Senate bill No. 308, to confirm the title of Alexis Gardapier to a certain tract of land in the county of Brown, and the State of Wisconsin, with the recommendation that it do pass. The bill was read.
Skip Skip Mr. THAYER. As it is not necessary to detain the House with any remarks on this subject I demand the previous question. The previous question was 2nded and the main question ordered. The bill was ordered to be read a 3rd time; and was accordingly read the 3rd time and passed. Mr. THAYER mtRtv the bill was passed; upon the table. agreed to. civil service.
The SPEAKER announced that he had appointed Mr. BRoxwell to fill the vacancy in the select committee on the civil service. REMOWALS FROM OFFICE. The next business was the consideration of the special order, being House bill No. 664, for the regulation of appointments to and removals from office.
The SPEAKER. The bill is being considered in the House as in ComWhole, under the 5 minutes' debate so far as the pending amendments are concerned. The pending amendment is the following, to come in at the end of section 2: Provided, howercr.That so much of this section as makes the officevacant beyond the time of the refusal of the Senate to advise and consentto a renomination shall not be held to apply to cases of commissions to fill vacancies happening during the recess and which, under the Constitution, are made determinable at the end of their next session.
Mr. WILLIAMS. If the amendment I have submitted is not sufficiently intelligible in itself I propose to state in a few words its object. The 1st clause of this section it will be observed provides that in case of the refusal of the Senate to advise and consent to the nomination or renomination of any officer whose term of office may have expired by its own limitation, the place filled by such person shall be regarded as being vacant from the time of such refusal. Now, this provision, standing as it does without the proviso I have suggested would infringe the Constitution of the U.S., which defines the term of the officer. In that case, as it will be remembered by the House, the President is authorized to fill up the vacancy with a commission which will entitle the officer to hold until the next session of the Senate. The object of the proviso is to prevent any conflict between this section and that provision of the Constitution of the U.S.
Mr. HALE. I move to amend the amendment by adding to the section as it now stands the following: And if no appointment, by and with the advice and consent of the Senate, shall be made to such otice so vacant or temporarily filled, as aforesaid, during such next session of the Senate, such office shall remain in abeyance, without any salary, fees, or emoluments attached thereto until the same shall be filled by appointment thereto, by and with the advice and consent of the Senate; and during such time all the powers and duties belonging to such office shall be exercised by such other officer as may by law exercise such powers and duties in case of a vacancy in such office. This is a provision proposed by the joint select comRetrenchment, and meets the approval of the Gentfrom Pennsylvanla.
Mr. WILLIAMS. I am willing to accept it.
The SPEAKER. The next amendment is in section 4, which the Clerk will read.
The Clerk read the section with the amendment of Mr. WILLIAMs as modified, as follows: Sec. 4. Abife: That the heads of the several Depts of the Governmentshall hold their offices, respectively, for and during the official term of the President by whom they were appointed, unless removed by the President i and with the advice and consent of the Senate; and they shall their asstsand all other officers pertaining to their respective Depts, subject to the approval of the Senate, on report to be made to that body if then in session or if during the recess, at the next meeting thereof, to period, unless removedwith the likheolcdonfocrurrthenecelike of that body.
The SPEAKER. The Gentfrom NewYork. [MR. HALE] proposes to an end the amendment.
Mr. HALE. That obviates the necessity for my amendment.
Mr. WILLIAMS. If the gentleman will allow me, I desire to ask him whether he regards clerks as “officers” within the meaning of the Constitution.
Mr. HALE. Certainly I regard a clerk as an officer; and a watchman in one of the Depts is an officer. I had not supposed there was any doubt about that. Certainly postmasters are officers; and here are I do not now how many 1,000 postmasters whose appointments are to come before the Senate for confirmation. I trust, Mr. Speaker, that the amendment which I propose will be adopted.
Mr. WILLIAMS. If the gentleman will withdraw his amendment, in order that I may renew it, I would like to say a word or two.
Mr. HALE. I withdraw my amendment for that purpose.
Mr. WILLIAMS. I renew the amendment. Mr. Speaker, I desire to say to my friendfrom Iowa that, in using the term “heads of Depts, ” I followed the language of the Constitution, as I endeavor to do in all cases. I refer the gentleman to that clause of the constitution which authorizes Congress to “vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of Depts.”
Mr. KASSON. Will the gentleman allow me to read another clause of the Constitution? It provides that “the executive power shall be vested in a POTUSA.” The proposition now is to vest it in the Secretaries. In the 2nd place, the Constitution provides that “He [the President] shall have power, by and with the advice and consent of the Senate, to ties, provided make trea 2/3rds of the Senators present concur; and he shall nominate, and by and with the advice and consent of bassadors, other publicthmeinSiesnteartseasnhdallcoanpspuolsin, tem judges of the Supreme Court, and all other officers of the U.S. vidwehdosfoeraapnpdowinhtmichensthsalal rbee neosttabhleisrehiend by law. ut, the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of Depts.” Now this bill proposes to vest the appointing power in the heads of the Depts, with the concurrence of the Senate. That, I hold, is an explicit violation of the Constitution. If the appointing power be vested in the heads of Depts it must be exclusive; we cannot authorize them to send nominations to the Senate.
Mr. WILLIAMS. I did not yield the floor for the purpose of enabling the gentleman to make an argument, for my time is restricted. I say the gentleman has failed to make good the distinction he asserted. He said that the language of the bill is erroneous: that it would comprehend the judiciary as well as the other depts. I affirm that the language used in the bill is the constitutional language. When the Constitution declares that Congress may vest the appointment of certain officers “in courts of law or in the heads of Depts, ” the latter phrase was surely not intended to comprehend the legislative, executive, and judiciary depts of the Government. But I desire to say a word in reply to my colleague, [Mr THAYER] He thinks there is no necessity for controlling the exercise of this enormous power, which has been so long enjoyed and so much abused by the Executive abused not merely now, but in previous administrations of this Government; abused now, aside the will word of explanation. as we know from declarations publicly made, for the very fo of thwarting and setting of this nation as expressed by its representatives. I think the gentleman has not read the elections aright. He certainly has not read them as I have. Perhaps he has not interested himself in them to quite the same extent.
Mr. THAYER. My colleague, I am sure, does not intend to misstate my position.
Mr. THAYER. He will then allow me one What I said was that, in my view, there is no necessity for interfering with the Cabinet officers in this respect and departing from what I conceive to be the intention of the Constitution on this subject, while the control of the appointment of every other officer remains as at present.
Mr. WILLIAMS. Mr. Speaker, I will only add that, judging from the debate in the congress of 1789, if the idea had not generally prevailed that this power could not be taken away from the President, that, in other words, it could be exercised by him alone, a majority of that Congress would never have consented to lodge it there. And let me say to my Dem ocratic friends, who may be considered as representing by a sort of apostolic descent the antiFederalists of 1789, that I am now maintaining precisely the same position which was occupied by their supposed forerunners in the Congress of 1789.
Mr. WILLIAMS. I withdraw the amendment to the amendment.
Mr. SCHENCK. I propose to renew that amendment. The Gentfrom Pennsylvania, from the Philadelphia district, [Mr. THAYER.] has made a proposition which it seems to me is entitled to great consideration as to what might be the practical effect of denying to the President the right to control the appointment and removal of those who immediately surround him, what are ordinarily called his constitutional advisers, heads of Depts, invited to consult with him from time to time. He says if that be made the law of the land, the consequence would necessarily follow you would make the heads of Depts so independent of the President that upon every question of policy considered in Cabinet meeting they would vote down the President, and thus an executive power would be built up unknown to the constitution. The gentleman shakes his head. I understood him to make that argument.
Mr. THAYER. The gentleman will allow me a moment to explain. He does not understand what I said.
Mr. THAYER. What I meant to say, and what I presume the House understood me to say, was this: it will be practically impossible for any executive dept to carry on this Government without a certain degree of har mony between those who administer the government in his name and upon his responsi bility. I say if in their collective capacity these gentlemen areoto him, he will of necessity be compelled to yield. it will i, impossibleto resist their joint influence, and in that manner they will become practically a new executive.
Mr. THAYER. I wished to ask the gentleman before he sat down whether the popular usage to which he has referred, authorizing the administration of the executive dept of the Government, by the aid and advice of these cabinet officers, has not become by an unin terrupted usage a part of the public law; and whether in his opinion the people of this country would now tolerate the dismissal of these officers by the Executive, and the attempt to carry on the Government without any of their aid.
Mr. SCHENCK. If I may be permitted to reply. I will say that an appeal will have to be made to the people in that case. We are now endeavoring by such acts of legislation as are within our constitutional power to control this matter. If we go so far that we have no power to control it as a legislative body, we then throw the matter over upon the people. The gentleman admits everything I claim when he makes it an appeal to the people for the exercise of legislative power;
Mr. WASHBURNE, of Illinois. The constitution says that “the Congress may by law west the appointment of such officers as they may think proper in the President alone, in the {}or in the heads of Depts.”. WiNGHAM, That has nothing to do nominations to the Senate or appointments made by the President with the consent of the Senate. now stands. It does not propose a nomination to the Senate. It places the power in the hands of the Dept, subject to approval and consent after the appointment is made.
Mr. BINGHAM. The gentleman then has some other bill than that which been printed.
Mr. WILLIAMS. It is in the printed bill. I modified it some days ago.
Mr. BINGHAM. The gentleman says the printed bill is not the bill as now pending. I should like then to know what that bill is.
The SPEAKER. The Chair has stated several times that the Gentfrom Pennsylvania has modified his bill in several particulars. The Clerk will again read the bill as modified.
Mr. BINGHAM. I understand the language still to be that the heads of Depts shall appoint all their subordinates and assts, subject to the approval of the Senate. So it is just reported by the Clerk. That is substantially what I before represented it. The mod ification is only in words, not in substance. Now, the point I make is simply this, that the provision of the Constitution for the appointinent of certain inferior officers is that Congress by law vested in the President alone, or in the courts of law, or heads of Depts the power to appoint such officers; but that provision never contemplated that by law the Senate might be authorized to disapprove such appointments so made either by the president or courts or heads of Depts. It simply provides that the Congress may by law vest the power in the President or courts of law or heads of Depts to appoint the inferior officers of the Government without consulting the Senate. But what is attempted here is, by act of Congress to vest part of this power in the Senate in connection with the heads of Depts. Why not confer it on any other body or person in whole or in part? Here the hammer fell]
Mr. SCHENCK. I withdraw the amendment to the amendment with the understanding that it will be renewed.
Mr. SHELLABARGER. I renew the amendment to the amendment. if I rightly apprehend the drift of the debate, it does seem to me that we are now in danger of falling into some inconsistency in this legislation. There are 2 constitutional views that have been entertained in this country in regard to this matter of the power to appoint and to remove superior officers of the Government. One class of opinion holds that the Constitution requires, in order to the removal of those whose appointments must be confirmed by the Senate, that the Senate should also assent to the removal. That opinion is the one that was presented very ably by the gentleman who introduced this bill, supported by the very highest class of opinions and authorities; the result of all of which is that it is not constitutional, that it is not competent for Congress to permit, either by legislation or otherwise, a man to be removed without the assent of the Senate who cannot take office without the assent of the Senate. Now, if that be the law, then we can pass this bill. If that be not the law and the practice, then we cannot pass this bill at all; we cannot regulate the matter of removals in those respects in which we propose to do it. But if, on the other hand, the form and scope of this bill is warranted by the Constitution, if, in other words, the Senate must concur in the removal of officers who can only be created by its consent, then it is not competent for us to enable the President, even by law, to remove men from office who cannot take their offices except by the assent of the Senate. Then, sir, what I submit, and all that I submit, is this: let us make our legislation harmonious; let us not say in one section of the bill that a Cabinet officer who must be confirmed by the Senate may be removed without its consent
Mr. WILLIAMS. The gentleman is mistaken as to the terms of the amendment as it and our constitutional view in that way violated; let us rather strike down the bill entirely. This power of removal is either executive and in the President alone, or else it belongs to the President and to the Senate together. Do not, therefore, say in regard to Cabinet officers that they can be removed without the assent of the Senate, and as to other officers that that assent must be obtained.
Skip Skip The question was taken upon ordering the yeas&nays, but before the result of the vote was announced, Mr. WILSON, of Iowa, called for tellers upon ordering the yeas&nays. Tellers were ordered; and Messrs. will LIAMs and HALE were appointed. The House divided; and the tellers reported that there were ayes 41; noes not counted. So one 5th having voted in the affirmative, the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 77, nays 78, not voting 36; So the amendment to the amendment was not agreed to. The question recurred upon the amendment of
Mr. WILLIAMs, which was to insert an additional section, as follows: SEC. 3. Abife:, That the heads of the several Depts of the Government shall hold their offices respectively for and during the oafpfpicoiainlted term of the President by whom they were unless removed by the President, by and with the advice and consent of the Senate, and shall severallyotheir asstsand all other subordinate officers pertaining to their respective depts, subject, to the approval of the Senate, on report to be made to that body if then in session, or, if during the recess, at the next meeting thereof, to hold for a like period unless removed with the Driggs, Eck like concurrence of that body.
Skip Skip The question was taken; and upon a division there were, ayes 59, noes 60. Before the result of the vote was announced, Mr. WILLIAMS called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative–yeas 77, nays 81, not voting 33; So the amendment was not agreed to. Mr. WRIGHT mtRtv taken; on the table. agreed to.
Mr. FARNSWORTH. Mr. Speaker, would it be in order to move to postpone this bill until tomorrow, with the direction that it be printed, together with the amendments already adopted, so that we may know the precise shape in which it now is?
The SPEAKER. That motion would be in order. There are, however, 2 amendments yet to be voted on.
Mr. FARNSWORTH. I will wait, then, until they have been voted upon, and then I will make the motion.
Mr. SCHENCK. I ask the gentleman to include in his motion the substitute prepared by the joint select comRetrenchment, and also the amendment offered by the Gentfrom Pennsylvania, [Mr. BRooMAli.]
The SPEAKER. The next question is upon the amendment offered by the Gentfrom Ohio, [Mr. GARFIELD, 1 to add a new section.
Mr. MILLER. Does it cover vacancies happening during the recess?
Mr. GARFleLD. The gentleman will observe it does not cover the case of filling up a vacancy happening during the recess. I call his attention to the fact that my section as drawn refers to appointments by the President under the Constitution. It does not call for an appointment when the vacancy happens in the recess. It is then in the power of the President to fill up the vacancy which happens, temporarily to fill it up, whereas the section I have drawn only refers to nominations made by the President, that the persons so nomi nated shall not draw pay until they are confirmed by the Senate.
Mr. HALE. Does it prohibit the drawing of any warrant on the Treasury?
Mr. GARFIELD. That might be well, but if the money is never paid I do not think that drawing of the warrant will be a serious matter. Still I will make no objection if the gentleman desires to make the modification. [Here the hammer fell]
Mr. GARFIELD. I was unable to hear the 1st part of the gentleman's remarks, but I will not object if he thinks it will make the section in Ore o: to strike those words out. should be sorry however if it should be taken as an indication that such persons ought not to be removed.
Mr. GARFIELD. If we strike them out it will make the sentence too light.
Mr. BINGHAM. I suggested if the sentence is not heavy enough I would agree to add to it. Mr. I accept the modification.
Mr. HALE. I rise to propose an amendment to the amendment by inserting in line 4, after the words “ of this act, ” the words “or of any other statute of the U.S. ”
Skip Skip The amendment was agreed to. The next amendment was then read, being offeredby Mr. Wilson, of Iowa, as follows: SEC. Abife: That oofficer aopftphoeint Government of the U.S. who shall or commission any person to an officein violation of the provisions of this act shall be deemed of a misdemeanor in office, and on conyiction thereobf, y impeachment or otherwise, shall be dismissed from office.
Mr. WILSON, of Iowa. I propose to mod ify my amendment by striking out the words “by impeachment or otherwise.” The object of this amendment is to provide some penalty for violation of duty in the exercise of the appointing power either by the President or by the heads of Depts. It is well known in the history of the country, and not very far back, that the appointing power has been exercised in a manner directly in conflict with the laws of the U.S.; and yet it has neither been declared by law a misdemeanor nor has any penalty been attached to it. I thereforeask that this amendment may be in corporated in this bill, so that if the President or anyother officer of the Government intrusted with the appointing power should exercise it in violation of law he may be reached by impeachment or by conviction in a court, as the casemay be, and that if he be found guilty of misdemeanor in office by the high court of impeachment, he may be dismissed from 0ttice.
Mr. BINGHAM. I move to amend the amendment offered by the Gentfrom Iowa [Mr. WILsoN] by striking out the words, “dismissed from office, ” and inserting in lieu there of the words “fined in a sum not exceeding $10,000, or imprisoned not exceeding ten years, at the discretion of the court.” I will state briefly my reason for offering this amendment. I think gentlemen will find, when they look at this question considerately, that it was intendedwhen the specific provisions just referred to by me in the discussion of my cor league's [Mr. GARFIELD's] amendment were putinto the Constitution of the U.S., to thereby place it beyond the power of a dom inantparty, a mere majority in the legislative dept of this Government, to clothe a court and jury anywhere in this ind with the power of impeachmentor of pronouncing the judgment of impeachment removal from office. I think it was clearly intended by the men who framed that instrument when they inserted the provision, “the Senate should have the sole power to try all impeachments, ” and that “the judgment in cases of impeachment shall not extend furtherthan to removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the U.S., ” to limit the legislative power both as to the tribunalto try and the judgment to be pronounced. It seems to me clear that it was intended that thispower to try should be confined exclusively to the impeaching tribunal appointed by the [ and that in no event should the people e deprived of their executive head or other civil officer for an impeachable offense on conviction thereof, save by the vote of 2/3rds of the Senate.
Mr. WILSON, of Iowa. Will the gentleman yield for a suggestion?
Mr. WILSON, of Iowa. I wish to suggest that by striking out the words “dismissed from office” his amendment will apply to all appointing officers. Now, I believe with the gentlemanthat no court upon conviction, other thin the high court of impeachment, can remove President from office; but other courts may remove, other officers; and yet the penalty of removal from office, if his amendment shall preVail, will not attach to any such officer. It cannot apply to the President because that ould be in contravention of the Constitution. Therefore there is no necessity for it unless the entlemanintends to relieve other officers from liability of dismissal.
Mr. BINGHAM. I was led to the remark by what fell from the lips of the gentleman whenhe 1st spoke upon his amendment, the gentleman having said that upon conviction the POTUS ought to be removed from office.
Mr. WILSON, of Iowa. If the gentleman will allow me to explain, when I speak of conviction in relation to the President and removal from office I mean by the court authorized to remove him.
Mr. BINGHAM. Well, Mr. Speaker, I so understood. There is no misunderstanding.
Mr. WILSON, of Iowa. I do not believe any other court can do it.
Mr. BINGHAM. There is no occasion for any legislation to clothe the Senate of the U.S. with the power of impeaching the President.
Mr. STEVENS. I suppose the House is about to adjourn, and before it does Iso desire to offer an amendment.
The SPEAKER. There is now an amendment and an amendment to the amendment pending. No further amendment is in order under the rules.
Mr. STEVENS. I desire to propose it so as to have it printed. I propose to strike out all after the 1st section and insert the 3 last sections of House bill No. 832.
The SPEAKER. When the amendments are disposed of that motion will be in order under the rules, being a proposition to perfect the original bill.
Mr. FARNSWORTH. It seems to me that the best thing that can be done now will be to commit this bill to the ComJudiciary and have it printed with all the amendments. I think very few members of the House know precisely the situation of the bill.
Mr. STEVENS. I thought the House was about to adjourn and I wish to have my amendment printed.
The SPEAKER. It can be printed by unan imous consent. No objection was made.
Mr. BROOMALL. With the permission of the Gentfrom Illinois] desire to make some modifications in my amendment, so that it may be printed. I desire in the 8th line There is for other of the 1st section to strike out “ten “ and insert “ 20;” and to make the same alteration in the tooth line. And in accordance with the vote had, I propose in the 5th line of the 3rd section to strike out the words “by impeachment or otherwise, ” and the words “re moval from office” in the 5th and 6th line, and insert “imprisonment for a term not exceeding ten years.”
Mr. FARNSWORTH, I now move that the further consideration of the bill be postponed until tomorrow; and that meantime the bill with the substitutes and amendments pending be printed.
Mr. LAWRENCE, of Ohio. I ask unanimous consent to submit the following amendment as an additional section, in order that it may be printed with the rest: Abife:, That no appointment to any office in the civil, military, or naval service shall be antedated or take effect prior to appointment the time such was actually made; compensation and no salary or shall be allowed or paid to any officer appointed under the authority of the Government, except from the time such officer actually enters on the duties of his office, nor beyond the expiration of his official term. No objection being made, the amendment was received. The motion of Mr. FARNsworth was then agreed to. NATIONAL CURRENCY.
Mr. HOOPER, of Massachusetts. I am instructed by the ComBanking&Currency to ask leave to report a substitute for House bill No. 771, to amend an act entitled “An act to provide a national currency, secured by a pledge of U.S. bonds, and to provide for the circulation and redemption thereof, and for other purposes. I ask that it be printed, as the original bill which has been assigned for consideration on Tucs day next is now out of print. K. objection was made, and the substitute was received and ordered to be printed. ENROLLED 131Li, SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, othat they had examined and found truly enrolled a bill of the following title, namely: An act (S.No.308) confirming the title of Alexis Gardapier to a certain tract of land in the county of Brown and State of Wisconsin; when The SPEAKer signed the same. internalrevenue FRAUDs.
Mr. DARLING, by unanimous consent, sub. mitted the following resolution; which was read, considered, and agreed to: Resolved, That the select committee for the investigation of leave frauds upon the internal, revenue have to sit during the sessionsof the House. NewOrleans RIOTS.
Mr. NIBLACK. I ask unanimous consent to submit for consideration at this time the following resolution: Resolved, That the President be requested to communicate to this House, if not incompatible with the public interest, all correspondence, reports, and information in his possession in relation to the riot which is alleged to have occurred in the city of NewOrleans on the 30thday of August last. No objection was made. The question was upon agreeing to the resolution.
Mr. WASHBURNE, of Illinois. I think the resolution is incorrect in one particular. It refers to a riot that occurred in NewOrleans on the 30th day of August last. I think it was on the 30th day of July last.
Mr. NIBLACK. I was told that it was in August.
The SPEAKER. The riot was within a few days of the close of the last session, which adjourned on the 28th of July. NIBLACK. Very well; I will modify the resolution so as to read, “on the 30th day of July last.” The resolution, as modified, was agreed to. And then, on motion of Mr. DRIGGS, (at 25 minutes before 4 o'clock p.m.,) the House adjourned.
Skip Skip PETITIONS. The following petitions were presentedunder the ruBley, and referred to the appropriate coumittee; Mr. ANCONA: The memorial of Nelson Bell, eoofmBpearknsy cIVo, utnhtiyrd, Preegninmseynlvtan Pennsylvania meamrtbilleerryo, f praying for an act of Congress authorizing the payment of bounty due him, withheld in consequence of the loss of his discharge certificate by fire. pilots, Mra.skDinAgRLING: The petition of 50Sandy Hook for an appropriation by Congress to remove wreck of the steamer Scotland.Mr. LAWRENCE, of Pennsylvania: The peti tiniocn reaasned‘ document of Mrs. Margaret Boucher, for By Mr. SPALDING: The petition of Rev. Samuel. Beatty, for compensation, as chaplain in U.S. the o at Cleveland, Ohio. Mr. WILSON, of Pennsylvania: The petition of jo, P. Gulick, for compensation for services rendered the U.S.
@@@IN SENATE SENATE. THURSDAY, December 13, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS AND MEMORIALS. Mr. HOWE presented the petition of Mrs. Laura Houghton, praying for compensation for property alleged to have been stolen from her by officers and soldiers of the U.S. Army at NewOrleans; which was referred to the ComClaims. Mr. WILSON presented 3 petitions of officers in the U.S. Army, praying for an increase of pay; which were referred to the ComMilAffrs , Mr. POMEROY presented the petition of N. Callan, clerk of if. levy court, and Samuel E. Douglas, register of the city of Washington, and William Laird, clerk of the corporation of Georgetown, asking for compensation for services rendered in preparing the ballots for the iuries for theo of the county of Washington, DistCol; which was referrefto the Comjudiciary. Mr. MORRILL presented the petition of Nathan Sargent Dustin, praying that his name may be changed to that of Nathan Sargent; which was referred to the ComDistCol. REPORTS OF COMMITTEES.
Mr. ANTHONY, from the ComPrintg, to whom was referred a resolution directing the Public Printer to cause to be engraved the drawings, accompanying the annual report of the Columbian Institution for the Deaf and Dumb, and also to print for the use of the institution 1,000 additional copies of the report, asked to be discharged from its further consideration, and that it be referred to the ComDistCol; which was agreed to.
Mr. TRUMBULL, from the ComJudiciary, to whom was referred the bill (H.R.No. 685) to amend an act, regulating proceedings in criminal cases, and for other purposes, approved March 3, 1865, reported adversely thereon. TRANSPORTATION OF FRICTION MATCHES.
Mr. CHANDLER. The ComCommerce, to whom was referred the JtResolution (S.R.No. 147) amending the 9th section of an act entitled “An act to amend an act entitled ‘An act to provide for the better security of the lives of passengers on board of vessels poor. in whole or in part by steam, ' and or other purposes, ” approved August 30, 1852, have directed me to report it back without amendment and to recommend its passage. I ask for its present consideration.
The PRESIDENT protempore. Is there any objection to the present consideration of the JtResolution? It requires unanimous consent.
Mr. GRIMES. It seems to me that the resolution had better be printed.
Mr. CONNESS. Let it be read that we may know what it is.
The PRESIDENT protempore. The read the JtResolution being asked for, it will be read at length.
The Secretary read the JtResolution, which proposes to amend the 5th division of the 9th section of the act of August 30, 1852, so that inspectors may, in the license therein provided for, exempt a steamer from the obligation to carry in a safe, chest, or compartment composed of or lined with metal compact packages of friction matches securely packed in strong, tight wooden chests or boxes; the covers of which shall be firmly fastened on by locks, screws, or other fastenings, and which shall be stored in a safe part of the steamer designated by the inspectors in their license and at safe distance from any fire. By unanimous consent the JtResolution was considered as in ComWhole. It was reported to the Senate and orderengross for a 3rd reading.
Mr. GRIMES. I wish the chairman of the ComCommerce would be kind enough to explain the provisions of the measure. As I understand it, instead of putting additional safeguards around the transportation of goods and passengers which it seems to me the public voice unanimously demands all through the country, this resolution takes off some of those safeguards by permitting vessels to carry friction matches otherwise than in the safe that has hitherto been required by the law to be provided.
Mr. WILLIAMS. I should like to inquire of the chairman of the ComCommerce whether this applies to ocean steamers?
Mr. CHANDLER. It applies to all steamers. Chinese firecrackers have been shipped with company in out being put in metallic cases for the last 500 years. They are of the same character as these. This resolution simply leaves things as they have always stood heretofore until this law, which was intended to apply to gunpowder and glycerine oil, was brought to apply to friction matches. They are very bulky and it is utterly impossible to provide iron safes for their transportation. The JtResolution was read the 3rd time and passed. BILLS INTRODUCED.
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.466) for the relief of William L. Adams; which was read twice by its title, and, with the accompanying papers, referred to the ComClaims.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.467) to amend the act entitled “An act further to provide for the safety of the lives of passengers on board of vessels propelled in whole or in part by steam, to othe sala ries of steamboat inspectors, and for other purposes, ” approved July 25, 1866; which was read twice by its title, and referred to the ComCommerce.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.408) in relation to the appointment of marshal and also of register of wills in the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. YATES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.469) to provide for the publication of amendments to the Constitution of the U.S.; which was read twice by its title, referred to the JtComReconstruction, and ordered to be printed.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.470) to authorize the change of a name; which was read twice by its title, and referred to the ComDistCol.
Mr. SPRAGUE asked, and by unanimous consent obtained, leave to introduce a bill (S.No.471) to authorize the sale of land in certain sand islands to the Mobile Harbor and Railroad Company; which was read twice by its title, and referred to the ComMilAffrs . House BILL REFERRED. The bill (H.R.No. 879) relating to brevets in the Army of the U.S., was read twice by its title, and referred to the ComMilAffrs . PRINTING OF STATE CONSTITUTIONS.
Mr. HOWE submitted the following resolution; which was referred to the ComPrintg:. Resolved That the Secretary prepare for publication a yolume containing the colonial charters and the various State constitutions of each State of the U.S., together with all amendments thereto at any time in force, arranging the same in chronological order for eachState, and that copiesthereof be provided for the use of the Senate. PRINTING OF LAND OFFICE MAPS.
Mr. HOWE. I offer the following resolution: Resolved, That 10,000 copies of the maps ac the late report of the ComrGLO be printed for the use of the Senate.
The PRESIDENT protempore. The resolution will be referred to the ComPrintg under the rule.
Mr. CONNESS. I desire to ask a question in regard to that resolution. I presume the maps are to be o if printed at all, in connection with the report?
Mr. HOWE. No, not this edition. This is an extra edition that I propose. It is simply an edition of the maps.
Mr. CONNESS. Then I hope the Senator will see the propriety of discharging the ComPrintg at present from the consideration of that resolution, and the other resolution which was referred to them a few days ago, so that the whole subject may be referred to the ComPubLands of the senate, that they may consider and make a recommendation upon it, and then it can be referred to the ComPrintg. It is deemed of great consequence by many, who have examined the report of the ComrGLO that an extra number of it should be printed, and printed with the maps accompanying it, for the purpose of circulation in Europe through the agencies to be connected with the Exposition at Paris in 1867. For that purpose, if the Senator and other Senators will consent, I will move that the ComPrintg be discharged at present from the consideration of this resolution and the one referred to them the other day, and that both be referred to the ComPubLands for their consideration so that the whole matter may be considered.
Mr. HENDRICKS. wish to suggest to the Senfrom California that the maps accompany the report, and will be printed with it.
Mr. HENDRICKS. But the reports from the several offices of the surveyors general will not be printed. There is an existing law limiting the reports of the different Depts to a certain number of pages, and because of that law the Commissioner had to leave the reports of the surveyors general out of his report; and if it is the desire of the Senfrom California to have the reports of the surveyors general printed there will have to be a special order to that effect. Some of these reports, I presume, are very important, and they have usually accompanied the report of the Commissioner, but under existing laws they cannot.
Mr. CONNESS. My purpose was that this question should have full consideration by the 3. on Public Lands of this body before the ComPrintg consider it, and I hope that course will be taken.
Mr. HOWE. Allow me to say that I have very little choice as to whether the resolution goes to the ComPrintg or to the ComPubLands. I have a resolution in my hand that refers to the printing of some copies of the report of the Commissioner for 3istribution at the Paris Exposition, and that I propose to send to the ComPubLands. The purpose I had in view in offering the resolution now before the Senate was entirely different; and that was, to get some extra copies of some new maps, very valuable, I think, for home consumption, and not very valuable for foreign distribution.
Mr. CONNESS. Let the whole matter go to that committee.
Mr. HOWE. Very well; I will change my motion and ask to have the resolution referred to the ComPubLands.
Mr. RIDDLE. I object. I think the proposition involves a probable expense of $25,000, and the ComPrintg have been in the habit of investigating these questions and reducing the expenditures. It is usual for such subjects to go to the ComPrintg, and that committee having investigated them heretofore I think are competent to decide upon the propriety of this resolution:
The PRESIDENT protempore. Then the question will be on discharging the ComPrintg, to whom the resolution was referred. from its further consideration and referring it to the ComPubLands.
Mr. CONNESS. My purpose, I will say to the Senfrom Delaware, was not to discharge the ComPrintg from the consideration of that portion of the question that belongs to them legitimately. When the ComPubLands shall have reported upon the policy of an extra publication, then l desire that that report. the ComPrintg, and in that way we shall get what the Senate want in all probability. I hope, therefore, that that course will be taken, for it will be regular, and if the Senator will permit me to have the question put on sending the resolution to the Committee on Lands, Public I will make that motion now.
Mr. RIDDLE. H. withdraw my objection. That explanation is satisfactory.
The PRESIDENT protempore. Then by common consent the {{. }. on Printing will be discharged from the consideration of the resolution, and it will be referred to the ComPubLands, no objection being interposed. LAND OFFICE REPORT FOR EUROPE.
Mr. HOWE. I offer the following resolution, and ask for its present consideration: Resolved, That the ComPubLands be instructed to inquire and reportupon the expediency of printing the report of i. ComrGLOfor the year ending June 30, 1866, in Europe different languages spoken on the continent of for distribution at the Paris Exposition. There being no objection, the Senate proceeded to consider the resolution.
Mr. POMEROY. Does that mean all the languages that are spoken in Europe, or only some of the principal ones, such as German and French 2
Mr. HOWE. I did not undertake to specify in the resolution just how many languages nor which the report should be printed in, but I proposed to refer the matter to the ComPubLands, who I suppose will deter mine it.
Mr. POMEROY. The CompubLands have several letters and communications asking to have the report printed in Ger man and French, but the Senate have never ordered any of these reports to be printed in any foreign language, and I do not know whether it would be the sense of the Senate to order them to be so printed now. If the Senate are in favor of this resolution, I think it would be very agreeable to the committee to report it.
Mr. HOWE. The simple questionis, whether the Senate will direct the ComPubLands to inquire into the expediency of such a publication; that is all.
Mr. POMEROY. Very well; let it go to the committee.
Mr. DOOLITTLE. I suggest to my colleague whether the question of printing this report in foreign languages and Jo , it in foreign countries does not appropriately belong to the committee over which the Gentfrom Massachusetts [Mr. SUMNER) presides, the ComForRel?
Mr. HOWE. This question of conflicting jurisdiction here is one that embarrasses me more than any other; and it happens because the boundaries of the different jurisdictions do not seem to be very accurately defined. This is a question of the expediency of printing in. the foreign languages a report from the ComrGLO just made to Congress. Now, whether that belongs to the ComPubLands, to the ComPrintg, to the ComAg, to the ComForRel, to the ComMining, or to the ComPacificRR I am unable to determine; but I do not think it is of any very great importance which committee does consider it. I propose to have the ComPubLands inquire 1st and I have no particular objection to its going through the roll of the other committees afterward.
Mr. SUMNER. I should like to hear the resolution read again.
Mr. SUMNER. I have no desire to take to the committee with which I am connected a.ny.o.ther business than that which naturally to it, but by repeated votes of the Senate the whole subject of the Paris Exposition, the appropriations for it, and what the U.S. should do for its representation there has been referred to that committee, and it has reported. }. upon it, and the appropriations which have already been made have been made on the recommendation of that committee.
The PRESIDENT protempore. The question is on the adoption of the resolution. The resolution was adopted. ADMISSION OF COLORADO.
Mr. WADE. I move that tomorrow be set aside for the consideration of the bills for the admission of Nebraska and Colorado. I wish them acted on at an early day, and I hope we shall meet tomorrow and dispose of them.
The PRESIDENT protempore. It is moved that the bill for the admission of Colorado be made the special order for tomorrow.
Mr. HOW Alt D. At the last session the 2 Houses of Congress passed a bill for the admission of Colorado as a State of the Union, and it had the misfortune to encounter the presidential veto, and we have never yet taken up the bill as returned by the President to the Senate for reconsideration. It strikes me that we might very properly proceed to the consideration and disposition of that veto message and the bill which was the victim of it at an early period in this session. I see no necessity, I must confess, for introducing and acting upon another and separate bill for the admission of Colorado while a bill for the same purpose is still pending before us. I merely throw out this suggestion to my friendfrom Ohio.
Mr. WADE. That subjectis not up. Whether we shall act on the veto message or on a new bill will be proper for consideration when the question comes up. I do not know that that is a very important matter. My object is to have the question disposed of. I find, however, that there is an opposition among Senators to making the bill a special order for tomorrow, and as I do not know that anything is to be gained by that, I will content myself with expressing the hope that we shall not adjourn over from today, and I give notice that I shall early tomorrow move to take up the bill.
The PRESIDENT protempore. The Chair understands the Senfrom Ohio as with drawing his motion.
Mr. WADE. Yes, sir. I withdraw it. NATIONAL BANIRs.
Mr. SHERMAN submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecyTreasury is directed to report to the Senate the names of the several national banking associations which have failed to comply with the !.of law requiring a reserve of money on hand, and that he report what legislation, if any, is necessary to enforceagainst such associationsthe provisions of the law.
Skip Skip MESSAGE FROM Tile HOUSE. A message from the HoRep, by Mr. McPERson, its Clerk, announced that the House had passed the bill (S.No.373) releasing to Francis S. Lyon the interest of the U.S. in certain lands. Also, that the House had passed a concurrent resolution for the adjournment of the House from Thursday, the 20th instant, to Thursday, the 3d day of January next. ENROLLED BILLS. The message also announced that The SPEAKer of the House had signed the enrolled bill (S.No.308) confirming the title of Alexis Garda. ier to a certain tract of land in the county of rown, and State of Wisconsin; and the enrolled bill (S.No.373) releasing to Francis S. Lyon the interest of the tofs. in certain lands. SUFFRAGE IN THE DISTRICT.
The PRESIDENT protempore. If there be no further morning business, the Chair will call up the unfinished business of yesterday, which is the bill (S.No.1) to regulate the elective franchise in the DistCol. That bill is now before the Senate as in ComWhole, the pending question being on the amendment of the Senfrom Connecticut [Mr. Dixox] to the amendment reported by the ComDistCol. On this question the Senfrom Mouri [Mr. HENDERsox] is entitled to 00t. the 98. .
Mr. HENDERSON. I do not desire to be heard on the subject.
Mr. GRIMES. Let the amendment of the Senfrom Connecticut be read.
The Secretary read the amendment of Mr. Dixox, which was to insert at the end of the 1st section of the committee's amendment the following proviso: propideal, That no person who has not heretofore voted in this District shall be permitted to vote unless he shall be able at the time of offering to vote to read and also to write his own name.
Mr. FOSTER, (Mr. ANTHoNY in the chair.) Mr. President, i diffor very widely from the honorable Senfrom Pennsylvania in my estimate of reading and writing. The Senfrom Pennsylvania agrees with the Senfrom Delaware, who spoke yesterday almost sneeringly of reading and writing, thinking it was a very small affair, and that it had very little to do with qualifying a man for the exercise of the elective franchise or any intellectual or moral pursuit
Mr. SAULSBURY. Let me correct the honorable Senator.
Mr. SAULSBURY. To the extent of reading and writing one's name. I spoke of that alone.
Mr. FOSTER. I did not so understand the honorable Senator. Of course I submit with great pleasure to the correction.
Mr. MORRILL. If my honorable friend will allow me, I wish to ask him whether he finds it practicable in the actual administration of affairs to carry out that provision? Are men in that State interrogated and excluded for want of morality?
Mr. WILLEY. Will the honorable Senator allow me to interrupt him?
Mr. WILLEY. If I understand the honorable Senfrom Pennsylvania's remarks correct ly, I certainly misunderstand the amendment which is pending. Does the honorable Senator say it only requires that the voter shall be able to write his name and read it?
Mr. WILLEY. I understand the honorable Senfrom Pennsylvania to argue as if this amendment confined the test simply to the qualification of being able to write the man's name and read it simply.
Mr. WILLEY. I understand the amendment to include the qualification of reading generally, and also of writing his name; 2 tests, one the reading generally and the other the writing his own name. Certainly if the proper interpretation of this amendment is as the Senfrom Pennsylvania construes it it amounts to nothing.
Mr. FOSTER. The Senator is mistaken; that was a Pennsylvania law, there was no such law in Connecticut. [Laughter].
Mr.DOLITTLE. If the honorable Senfrom Indiana will allow me, I desire to call his attention to a section of the statute passed by Congress punishing treason.
Mr. DOOLITTLE. Qne, part of the punishment is described in the 3rd section: “Abife:, That every person guilty of either of the offenses described in this act shall be forever incapable and disqualified to hold any office under the U.S. ” This is the act of 1862 “to oinsur rection, to punish treason and rebellion, and for other purposes;” so that the disqualification to hold office was a part of the punishment for the crime of treason committed after the passage of the act. –
The PRESIDING OFFICER, (Mr. ANTHoNY.) The question is on the amendment of the Senfrom Connecticut [Mr. Dixon] to the amendment of the ComDistCol.
Mr. YATES. Upon this proposition I have agreed to pair off with the Senfrom Maryland, [Mr. JoHNSON]. If he were present he would vote “yea” and I “may.” The question being taken by yeas&nays, resulted yeas 11, nays 34; i. So the amendment to the amendment was rejected.
Mr. POMEROY. I move to amend by striking out in the 5th line of the 1st section the words “left the DistCol to give, ” and insert “given, ” so as to make the exception read, “and excepting persons who may have voluntarily given aid and comfort to the rebels in the late rebellion.”
The PRESIDING OFFICER. The Chair is advised that the clause which the Senator desires to amend has already been agreed to as an amendment, and therefore it cannot be now amended.
Mr. POMEROY. Then I shall move my amendment in the Senate. We are now acting as in ComWhole.
Mr. WILSON. I move to amend the amond.ment of the committee by adding 2 new sections: Abife:, That it is hereby declared unlawful for any person, directly or indirectly, to promise, offer, or give, or procure, or cause to be promised, offered, or given, any money, goods, right in action, bribe, present, or reward, or any promise, understanding, obligation, or security for the payment or delivery of any money, goods, right. in action, bribe, present, or reward, or any other valuable thing whatever, to any person with the in tent to influence his vote to be given at any election hereafter to be held within the DistCol,and every person so offending shall on conviction thereof be fined in any sum not exceeding$2,000, or imprisoned not exceeding 2 years, or both, at the discretion of the court. Abife: accepted directly or indirectly That yamnyopneerys, ognowodhso, srihgahltl in action, bribe, present, or reward, or any promise obligation, or security for the payment or delivery of any money, goods, right in action, bribe, present, or reward, or any other valuable thing whatever to influence his vote at any election hereafter to be held in imptrhiseon DistCol, shall on conviction be not less than oneyear and be forever disfranchised. I will simply say that one of these sections makes it unlawful to buy votes and punishes a man for attempting to buy them, and the other punishes the man who sells his vote.
Mr. HOWARD. I know very little about the laws relating to the DistCol; but I cannot imagine that any civilized community could have existed as long as this District has done without some legislation to punish bribery at elections; and I will therefore call on the honorable chairman of the ComDistCol to inform the senate as to the necessity of the proposed amendment. Is there not some law to pupish bribery at elections in the DistCol that is sufficient?
Mr. MORRILL. There is no uniform law on the subject I believe. All there is on the subject is under the law of Maryland existing in this District, at the time when it came under the jurisdiction of Congress. I think there is no law on the subject except such as may be found in the Maryland code at the time this District fell under the jurisdiction of congress 1 and the rule is not uniform in either of the 2 cities or in the country quarter of the District.
Mr. HOWARD. If that be the case I hope this amendment will pass. t The amendment to The amendment was agreed to.
Mr. EDMUNDS. I move to amend the 1st section of the amendment reported by the committee by striking from the 7th line the words “is a citizen thereof, ” and inserting in lieu thereof the words “shall have been born in.” The object of this amendment is to leave it not open to dispute what class of persons are citizens of the U.S., inasmuch as the present standing law on the subject, the decision of the SCOTUS in the case of Dred Scott, declares that negroes are not and cannot be citizens of the U.S. I know that the civil rights bill declares that they are. I have no doubt whatever that they were so without the civil rights bill, and that if they were not, the civil rights bill clearly and lawfully makes them so; but it will be made a question by the persons who are authorized to decide in this District who are voters and who are not standing upon that decision, and I very much fear that without this amendment it will be many years, as this District is at present organized, before these people are allowed to vote if you leave open to them the question of who is a citizen and who is not. With that view, governed by the same impulse which has governed us hitherto when Iwe have been called upon to act on this subject, move this amendment.
Mr. POMEROY. I would suggest to the Senfrom Vermont that he add the words or naturalized “ after the word “born.”
Mr. POMEROY. There are a great many citizens who were not born here.
Mr. EDMUNDS. I agree to the modifi.cation. Being a native know nothing myself, [laughter, ] I had forgotten our foreign brethren.
The PRESIDING OFFICER. The amondment of the Senfrom Vermont, as mod ified, is to strike out in line 7 of section one of the amendment of the committee the words “is a citizen of, ” and to insert “shall have been born or naturalized in.” The amendment to The amendment was agreed to.
Mr. MORRILL. I desire to amend the amendment of the committee in line 9 of section one. It now reads “shall have resided in the said District for the period of one year previous to.” I move to amend by striking out, “previous to” and inserting “next preceeding, ” so as to limit the time of residence to one year next preceding the election.
Mr. MORRILL. I move further t by filling the blank in section 7 words “1st of March.” The motion was agreed to.
Mr. BUCKALEW. I propose, to change the order of the section, to strike out the 5th section where it occurs, and place it at the end of the amendment. It is the general repealing clause of all formal acts inconsistent with present, and should be at the end of the bill.
Mr. MORRILL. There is no objection to that.
The PRESIDING OFFICER. That change will be made, there being no objection.
Mr. BUCKALEW, I propose a smallamendment at the end of the 4th section by insert.ing these words, “next preceding the holding of any general or city election in said District.” This is the section which directs the court to give this act in charge to the grand jury on the 1st day of their session. It ought to be done at the session immediately preceding an election. The amendment to The amendment was agreed to. amend ith the f
Mr. EDMUNDS. I move to amend the amendment by adding the following section: Abife: That if any person shall knowingly vote at any election or on any question without having a lawful right to do so he shall be punished by a fine not exceeding $500, and shall be thereafter disqualified to vote. I have looked through the penal code of the DistCol, and I do not find any provision for the punishment of illegal voting, which is the most common form of a violation of the franchise laws; and I am told by a Gentfrom Maryland, a lawyer in whose i and judgment I have great confidence, that the old Maryland laws in force in the District on that subject are exceedingly loose and defective, therefore it is that I offer this amendment.
Mr. HENDRICKS. I desire to ask the Senator why he adds “or on any question.” Is it not quite enough to say “at any election? ”
Mr. EDMUNDS. It frequently happens in most parts of the country that questions which are not merely elective questions are submitted to the people. Municipal questions, a variety of questions, are often submitted to the voters of an election precinct in a city, town, county, or State, which are not merely the selection of persons to fill offices, but which are public questions left to the primary determination of the people's will. Now, if in such a case a person should claim and exercise the right to E.in the decision of such a question, knowing that he had no legal right to do so, it appears to my humble apprehension that he is equally deserving of punishment.
Mr. HENDRICKS. I do not think that is safe. It is sometimes the case that a vote of the people is taken very irregularly on some questions, and I do not know that there ought to be a penalty of that kind for such a proceeding, and I move to strike out those words.
The PRESIDING OFFICER. This being an amendment to an amendment it is not amendable.
Mr. POMEROY. The Senfrom Ver mont must be aware that there is a registry law in this bill, and no one's vote can be received unless his name is on that registry. The crime is committed when a man gets himself registered improperly as well as when he votes improperly.
Mr. GRIMES. I apprehend that the difficulty originates from the fact that the Senfrom Vermont imagines that the elections here may possibly be of the character of those that are held in NewEngland, where at a town meeting various questions are presented. such is not the case anywhere out of NewEngland. In the other States all that is done by any elector at any election is depositing his ballot in the box. To all of us who are familiar with elections outside of NewEngland, and as they are conducted here, the word “elections” seems more proper than the phraseology used by the Senfrom Vermont in his amendment.
Mr. EDMUNDS. The amendment includes both. It meets the point made by my friendfrom Iowa, and it goes a step further. It may be possibly that as the law now stands there cannot be any legal mode of submitting a question to the people of this District.
Mr. GRIMES. It would be submitted at an election, would it not?
Mr. EDMUNDS. No, sir; it would not be submitted at an election. Supposing it to be lawful for the common council of this city, if that is the style of the government of it, to leave it to the people of this District to say whether a tax of 20 cents on the dollar of the ratable estate of this District should be raised for the purpose of lighting the streets, and the common council should submit it to the people to say whether they would raise that tax or not, the submission of that question, as I understand the ordinary use of terms, would not be an election; but it would be a question submitted to their legislative authority, if they have it, for them to pass upon. Now, then, if a man knowingly votes without having authority to do so on a question of that description it appears to me he ought to be punished. Therefore having provided for every case of election, there can be no harm in adding a prohibition and a punishment of any other species of illegal voting which may possibly exist.
Mr. HOWARD. I ask to have the pending amendment read again.
Mr. HOWARD. I move to amend it by striking out the latter clause providing for disqualification.
The PRESIDING OFFICER. This being an amendment to an amendment is not amendable in the 3rd degree.
Mr. HOWARD. I think the provision is too severe. Suppose a man votes under a misapprehension of his right to vote, would you go so far as to disqualify him for voting forever afterward?
Mr. EDMUNDS. The provision is that it must be done knowingly.
Mr. HOWARD. I think the clause is very general in its form and would include every. body who votes unlawfully, whether knowingly or not. I think the penalty would be very severe. I think the Senfrom Vermont will find that I am correct about it. If that be the real character of the amendment, I cannot vote for it; because I would not vote to dis. qualify a person who had voted ignorantly when he was disqualified to vote. At all events I think it entirely unnecessary to add the disqualifying clause, because a fine, in my judgment, would in all cases be quite sufficient. I believe that no such clause is to be found in any of the statutes of the States for the punishment of illegal voting; certainly not in my own State.
Mr. EDMUNDS. I beg that the Secretary may report the amendment again. he amendment was again read.
Mr. EDMUNDS. I believe that the penal statutes of every eastern State, although I do not upon that subject speak by the book, punish.voting, and by that I mean voting by a person who has no no right to do so, knowing that he has not the right; that is, a person who commits, a fraud upon the other voters of his community by undertaking to participate with them in the exercise of that right. Every statute book of an eastern State I believe adds to the punishment of fine the indefinite suspension of that privilege until the lawmaking power shall choose afterward by a pardon of restoration to his legal rights to reinstate him; and it ought to be so. A man who fraudulently and corruptly undertakes to assert the privilege of exercising that high prerogative and it has been demonstrated to us here in a 2 days' debate that it is a high prerogative deserves more than any other man, except it may be for treason. for it is analogous to that, to be disqualified from ever afterward being seen about the polls or at a ballot box. He ought to be so. If it were open to doubt upon the phraseology of this amendment whether this crime must be committed knowingly, which is the essential element of all crime, there would be great force in the objection to the disquali fying clause and to the whole clause from beginning to end; because no man ought to be punished for merely voting when he has not a right to do so if he honestly believes that he has the right. But this section, framod in the hurry of the moment to be sure, is, so far as I recol lect, in the very substance of the language of the penal statutes of most of the States on this subject.
Mr. HENDRICKS. I wish to call the attention of the Senfrom Vermont a little more particularly to the suggestion made by the Senfrom Kansas. This bill provides that at a certain time there shall be a board in session and that that board shall hear evidence in regard to the qualifications of voters and shall decide and make a list, and none shall vote except those who are upon that list. Now, I submit to the Senfrom Vermont whether a man can be an illegal voter after that adjudication. I do not think it ought to be an open question after that. Where a man’s right to vote has been inquired into by the proper board and has been decided, I do not think after that it ought to be said that he is an illegal voter.
Mr. MORío ILL. I hardly know what the effect of this provision would be, and I must appeal to the Senate to maintain the bill as it is. If it shall turn out in future that there is any necessity for extending provisions in this direction, it will be a very easy thing to do it. Inasmuch as there is some little question about the extent and the propriety of Iit, hope my friendfrom Vermont will withdraw it, and if it be found necessary it may be reported here after upon a general view having in view the subject to which he adverts.
Mr. EDMUNDS. I shall certainly yield to the wishes of my friendfrom Maine, the gentleman who has charge of the bill, on this point. I should not have offered the amendment but that if appeared from the report of the committee that they had lo. to provide a criminal code in the bill itself for the government and the regulation of the exercise of this right; and if in this bill we are to provide a criminal code upon that subject it ought certainly to be reasonably complete and perfect. But inasmuch as my friendfrom Maine, in whose judgment and in whose faith I have the greatest confidence, desires that this amendment should be withdrawn, I shall, out of def. erence to his wishes, withdraw it.
The PRESIDING OFFICER. The question now is on agreeing to the amendment reported by the ComDistCol, which is to strike out all of the ori ginal bill after the enacting clause and insert the substitute as that substitute has been amended.
Mr. POMEROY. Now, before the question is taken on concurring in the amendment, I move to anaend it by striking out in line 7 of section one the words “left the DistCol to give” and inserting “given;” so as to read “excepting persons who have voluntarily given aid and comfort to the rebellion.”
Mr. HENDERSON. I desire to ask the Senfrom Kansas whether the effect of that amendment will not be to disfranchise a person who may have onee given aid and comfort to the rebellion, although he may afterward have borne arms in defense of the country in the late war. I do not know whether there are such individuals in this District, but in our State we have passed laws excusing individuals who had formerly given aid and comfort to the rebellion but afterward had served in the Union armies. Another very great hardship in all probability will arise, as this bill provides. all elections, not only municipal elections, but all elections for subscribing money. This would disfranchise any person from voting even upon a money proposition. [“Oh, no.”] Yes it would. I have my doubts about the propriety of that.
Skip Skip The amendment to The amendment was agreed to. The amendment made as in ComWhole, as amended, was concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. SAULSBURY. On the passage of the bill I ask for the yeas&nays.
Skip Skip The yeas&nays were ordered. Mr. YATES. I desire to state that I have Fiored off on this question with the Senator Maryland, [Mr. JOHNson] If he were here he would vote against the bill, and I would vote for it. The Too being taken by yeas&nays, t resulted yeas 32, nays 13; 7. So the bill was passed. The announcement of the result was greeted with applause in the galleries, which was checked by the Presiding Officer. DEFICIENCY BILI,
Skip Skip A message from the HoRep, by Mr. McPhersox, its Clerk, announced that the House had passed a bill (H.R.No. 876) making appropriations to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867; and on motion of Mr. FEssexDEN, the bill was read twice by its title, and referred to the ComFinance.
Mr. WADE. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, December 13, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. Boy Ntox. The Journal of yesterday was read and approved. APPOINTMENT OF IREVENUE OFFICERS.
Mr. MILLER, by unanimous consent, introduced a bill to provide for the appointment of assessors and collectors of internalrevenue throughout the U.S.; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. DEPT OF AGRICULTURE.
Mr. DONNELLY, by unanimous consent, introduced a bill to reorganize the Dept of Agriculture; which was read a 1st and 2nd time, referred to the ComAg, and ordered to be printed. NCAROLINA.
Mr. STEVENS. I ask unanimous consent to introduce for reference a bill to reestablish civil government in NCarolina, to enable it to resume its former relations as one of the constitutional States of the American Union. I do this at the request of certain gentlemen from NCarolina. No objection was made, and the bill was received, read a 1st and 2nd time, referred to the ComTerritor, and ordered to be printed. JOHN L. SOHAN.
Mr. HARDING, of Kentucky, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:. Resolved, That the ComInvalidPens }}}} into the justice and propriety of allowing to John L. Sohan an increased pension in lieu of that now allowed to him, in consequence of his total blindness, and report by bill or otherwise. LIGHTHOUSE ON MENDOTA HARDOR.
Mr. PAINE, by unanimous consent, introduced a bill to provide for the erection of a lighthouse at the entrance of the harbor of Mendota, in the State of Michigan; which was read a 1st and 2nd time, and referred to the ComCommerce. INVESTIGATION OF PUBLIC EXPENDITURES.
Mr. HULBURD, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComPubExpenditures, by a delegation not exceeding 3 of members, the have leave to hold a session in the city of NewYork for theFo of closing up an invest commenced by said committee during the recess of Congress; and that said ComPubExpenditures have leave to house. sit during the PROTECTION OF THE REVENUE.
Mr. LAWRENCE, of Pennsylvania, by unanimous consent, introduced a bill to reJ peal the 14th section of an act entitled “An act to protect the revenue, and for other. purposes, ” approved July 28, 1866; which was read a 1st and 2nd time, and referred to the ComWays&Means. DISTRICT COURT IN PENNSYLVANIA.
Mr. SCOFIELD, by unanimous consent, introduced a bill extending the jurisdiction of the district court of the U.S. in the western district of Pennsylvania; which was read a 1st and 2nd time, and referred to the ComJudiciary. RANK AND PAY OF ARMY OFFICERS.
Mr. SCOFIELD, by unanimous consent, also introduced a bill relative to the rank and pay of Army officers; which was read a 1st and 2nd time, and referred to the ComMilAffrs. REPRESENTATION OF ALABAMA.
Mr. COOPER presented the credentials of J. Caleb Wiley, claiming a seat as a representative from the 2nd district of Alabama; which were referred under the rule to the JtComReconstruction. SOUTHERN OVERLAND MA.ii, ROUTE.
Mr. BIDWELL. I ask unanimous consent to submit the following resolution: Resolved, That the comPostOffice be instructed to inquire into the expediency of reestablishing the southern overland mail route from SanFrancisco, via Los Angelos, Fort Huma, El Paso, and Fort Smith, to Memphis, in accordance with a by resolution adopted January 20, 1866 the Legislature of California, and that the said committee have leave to report at any time by bill or otherwise.
Mr. WASHBURNE, of Illinois. I have no objection to this resolution, if it be modified so as to strike out the clause authorizing the committee to report at any time.
Mr. BIDWELL. ery well; let that be stricken out. I modify the resolution in that respect. There being no objection, the resolution, as modified, was considered and agreed to. ALMANSON EATON.
Mr. McINDOE, by unanimous consent, introduced a bill for the relief of Almanson Eaton, receiver of public moneys for the district of land subject to sale at Stevens's Point Wisconsin; which was read a 1st and secontime, and referred to the ComPubLands. will IAM M'GARRAHAN. On motion of Mr. JULIAN, by unanimous consent, the ComPubLands was discharged from the further consideration of the memorial of William McGarrahan relative to his claim to a certain land grant; and the same was referred to the ComJudiciary. CANAL AND SEWERAGE COMPANY.
Mr. WINDOM, by unanimous consent, introduced a bill to incorporate the DistCol Canal and Sewerage Company; which was read a 1st and 2nd time, and referred to the ComDistCol. REGULATION OF CIVIL SERVICE.
Mr. JENCIKES, from the JtCommee on retrenchment, reported a bill to regulate the civil service of the {., States, and to promote the efficiency thereof; which was read a 1st and 2nd time, and on motion of Mr. JENckes ordered to be printed and reconmitted. RANGE SHOAL LIGHTHOUSE. oluMtiro.nN; EWELL submitted the following res: which was read, considered, and agreed to: Resolved, That the ComCommerce be requested to inquire into the expediency of Grecting a small light on the shoal, known.as The Range" in the bay of Little Egg Harbor, in the State of NewJersey. UGli WORTHINGTUN.
Mr. KUYKENDALL, by unanimous consent, introduced a bill for the relief of Hugh Worthington, of Metropolis City, Illinois; which ' was read a 1st and 2nd time, and referred. to the ComClaims. Fr ANCIS S. LY ON.
Mr. THAYER, from the ComPrivLandClms, reported back Senate bill No. 373, releasing to Francis S. Lyon the interest of the U.S. in certain lands, with the recommendation that it do pass. oThe bill provides that any interest which the States have in the lands described in a"deed executed by Wager Swayne, asst commissioner of the Bureau of Freedmen and Abandoned Lands in the State of Alabama, to Francis S. Lyon, bearing date February 3, be released and confirmed to the said Oi.l.
Skip Skip bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed. Mr. THAYER mtRtv the bill was agreed t;o upon the table. agreed to. GEORGE HENRY PREBLE, U.S. NAVY.
Mr. WASHIBURNI, of Illinois. It seems to me it is establishing an important principle, and that if we adopt it the Lord only knows where it will end. If we adopt it in the Navy it must apply to the Army. It seems a certain commander in the Navy was dismissed from the service, that he was out of the service for 6 months and was then restored; and this bill, as I understand, proposes to pay him for the time he was out of the service. If we adopt that principle there are 100s and 100s of cases of like character in the Army as well as in the Navy, and there is no telling what amount of money we will be compelled to pay to men who have not been in the service at all. Unless there are some peculiar circumstances in this case, taking it out of this general principle, I hope the bill will not aSS. p
Mr. BRANDEGEE. As I said on the intro duction of the report, I should content myself with the facts there presented, unless some gentleman, or the House itself, showed a disposition that further facts should be stated, or the principles upon which the committee acted should be given. This bill, as will have been seen by the House, is to allow the accounting officers of the Treasury to pay to Commander Preble, of the U.S. Navy, the amount he would have been entitled to had he not been discharged from the service. Commander Preble, being a captain in the Navy, was promoted by the President to the rank of commander, to date from July 16, 1862. He was then in service in the Gulf I think in command of a vessel blockading Mobile. Before his commission reached him, for an offense for which the SecyNavy thought ade quate, he was removed from the Navy. subsequently, and while he was laboring under this disability, by order of the SecyNavy, with full knowledge of the facts, and upon representation made to President, Lincoln, he was renominated as commander in the Navy, his nomination to date back and take effect from the time of his original nomination. He was nominated on the 21st of February, 1863, to be commander, or to be promoted for that was the effect of the nomination as from the 16th of July, 1862. He was removed by order of the SecyNavy on the 12th of October, 1862. Now, the committee believe in fact they understood from the gentleman who made a representation of the case to the President– that Mr. Lincoln intended in the renomination of this officer, despite his removal by the SecyNavy, that it should date from the time of his original promotion, and that such was the contemplation of law.
Mr. WASHBURNE, of Illinois. Will the gentleman yield.
Mr. BRANDEGEE. The gentleman is always able to take care of himself.
Mr. WASHBURNE, of Illinois. I do not wish to take the floor; only to ask a question.
Mr. BIRAN DEGEE. I have no control of the floor now.
Mr. STEVENS. I desire to ask one or 2 questions for the purpose of obtaining some information. In the 1st place, I would like to know whether, as a general rule, officers draw thfir pay from the date of their commissions or from the time of actual service. I am informed that the date of the muster is the time. I asked the question because I really did not know how it was. I would ask further whether in this particular instance the pay is to date from the time of the remission of the sentence or of the new appointment made by the President.
Mr. SCOFIELD. I move that the bill be referred to the ComClaims.
The SPEAKER. The Gentfrom connecticut is entitled to the floor.
Mr. SCOFIELD. Perhaps the gentleman will allow me to make the motion, and then hecan speak to it.
Mr. SCOFIELD. I do not make the motion to refer this bill to the ComClaims from any feeling, of hostility to the bill. It may be just, or it may be unjust. "But by referring it to the ComClaims, which committee will have charge of all such claims, we will secure uniformity of action. However able or honest the committee may be that have reported this bill: have not charge of claimsof this kind. The rio to determine. y have reported this bill, and the ComClaims may report against a dozen bills of the same kind. Now we want uniformity of action in matters of this kind. Let us have the advice of the committee that have charge of all such matters so that all our bills may be treated alike. I therefore move that this bill be referred to the ComClaims.
Mr. PIKE. I hope the motion of the Gentfrom Peo[Mr. ScoPIELDJ will not prevail, because I do not see how the ComClaims can develop by their action any new facts to be presented to this House. Whether it would have been proper originally to have sent this bill to the ComClaims, instead of to the ComNavAffrs, is not now to be decided by the House. It was sent to the Naval Committee; they have examined and ascertained the facts in the case, and the bill has been reported to the House by the Gentfrom Connecticut, [Mr. to: as the organ of the committee. Now, it seems to me to be entirely unnecessary to send this bill to another committee to decide upon the facts of the case.
Mr. SCOFIELD. Will the Gentfrom Maine [Mr. PIKE] allow me to interrupt him a moment?
Mr. SCOFIELD. Perhaps the ComClaims may develop no new facts. But they will report under the rule which has been established by that committee for their government. At the last session we defeated a bill here which everybody admitted was a meritorious one, simply because it came from the ComAppropriat instead of the ComClaims; at least that was one of the arguments used against the bill. Now, let this bill go to the ComClaims, and let them report, whether they are in favor of it under the rules that have governed them and the action of this House in connection with such subjects. The Naval Committee have nothing to do with making appropriations to pay claims merely because the claimant happened to be a naval officer, who was dismissed from the service and afterward restored. They might just as well say they have charge of the claims of men who have been in the military service. It is not at all within the line of duty prescribed for the Naval Committee by this House.
Mr. PIKE. The position of the Gentfrom Pennsylvania [Mr. ScorieLD] may be correct, if it should appear that the ComClaims havejarule in relation to the payment of claims similar to this. But I do not understand that there are any of the claims pending before the ComClaims, or any other committee of the House, which is similar in character to this. Now, this report from the ComNavAffrs simply provides that the accountin officers of the Treasury shall examine an award under the rule now established by the House in this case. It does not fix any amount to be paid, that is for the accounting officers It makes no appropriation of money, but simply provides that the accounting officers under this rule shall give to the applicant in this case whatever may be due to him during this period of his suspension. It won ld seem that the suspension was ordered by the Secretary, and subsequently removed by the President. Under these circumstances I hope the bill will not be referred to the ComClaims.
Skip Skip The question being taken on the motion of Mr. Scori ELD, it was agreed to ayes 62, noes 35. So the bill was referred to the ComClaims.
Mr. SCOFIELD mtRtv the bill was referred; upon the table. agreed to. JOHN GRAY.
Mr. McINDOE, from the ComRevPensions, reported back, with a recommendation that it do not pass, a bill (H.R.No. 835), for the relief of John Gray; and the bill was laid on the table. Ch.ARLES M. RAY.M.O.N.D.
Mr. McINDOE also, from the ComRevClaims, submitted an adverse report upon the petition of Charles M. o Ray for a pension; which was laid on the table. ADJOURNMENT OVER THE HOLIDAYS.
Mr. WASHBURNE, of Illinois. I rise to a privileged question, and submit the following resolution: Resolved, (the Senate concurring.) That when the HOuse adjourn on Thursday, the 20th instant, they orn to meet on Thursday, the 3d day of January Il CXU. In offering this resolution I will simply say that if we are to take a recess for the holidays, we had better agree upon the time as soon as practicable, so that gentlemen may know what we shall do and regulate their arrangements accordingly.
Mr. ASHLEY, of Ohio. I hope this resolution will not be adopted. I move that it be laid on the table.
Skip Skip On the motion, there were ayes 45, noes 93. Mr. FAIRNSWORTH. I call for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative–yeas 46, nays 112, not voting 33; So the House refused to lay the resolution on the table. Mr. WASHBURNE, of Illinois. demand the previous question.
Mr. MORRILL. I appeal to the Gentfrom Illinois to withdraw the call for a moment till I can make a statement to the House.
Mr. WASHBURNE, of Illinois. I must insist on the call for the previous question.
Mr. ASHLEY, of Ohio. I call the attention of the House to the fact that this resolution proposes to vote away one 6th of the whole session.
Mr. WASHBURNE, of Illinois. I call the gentleman to order.
Skip Skip The SPEAKER. Debate is not in order pending the call for the previous question. On 2nding the call for the previous question, there were ayes 75, noes. 36. Mr. MORRILL called for tellers. Tellers were ordered: and Mr. MoRRILI, and Mr. WAs.HBURNE, of Illinois, were appointed. The House divided; and the tellers reported ayes 90; noes not counted. So The previous question was 2nded.I now I
Mr. MORRILL. I rise to a question of order. want to know whether it is in order now to move to amend the proposition so as to provide for an adjournment sine die. [Laughter]
Mr. MORRILL. Is it in order to move to postpone the further consideration of this subJect?
The SPEAKER. It is not, the previous question having been 2nd ed.
Mr. GARFIELD. Is it in order to offer an amendment?
The SPEAKER. It is not. The main question was ordered; which was upon agreeing to the resolution.
Mr. GARFIELD called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 104, nays 53, not voting 34; So the resolution was adopted. Mr. WASHBURNE, of Illinois, mtRtv the resolution was passed; upon the table. agreed to. RAWFORD KEYS AND OTHERS.
Mr. PIKE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the President be requested to communicate to this House copies of ments, orders, letters, all official docu and papersof everydescription in his possession relative to the trial by a military commission and conviction of Crawford Keys and others for the murder of Emory Smith and others; also in relation to the respite in the case of said Crawford Keys or either of his associates, and their transfer to ort Delaware and subsequentrelease on a writ of beascorpus. NewOrleans RIOT.
Mr. TAYLOR, of Tennessee, by unanimous consent, from the select committee on the NewOrleans riot, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyWar be directed to transmit to this House any information in Dept the War in reference to the riot at NewOrleans on the 30th of July last, including any teleghaphic dispatches sent or received, and all the reports and testimony of military commissions in the possession of the Dept. LEAVE OF ABSENCE. On motion of Mr. CULLOM, leave of absence was granted to his colleague, Mr. Cook. COMPATENTS.
Mr. BROMWELL. The ComPatents was passed over without my knowl edge, although I was ready to make report from that committee.
Mr. MYERS. I ask that the committee be considered as not having been passed.
Mr. WASHBURNE, of Illinois. Gentlemen on other committees could never consent to that.
Mr. MYERS. I have always understood when a gentleman makes a statement like that of my colleague on the committee it is taken, and the committee is again called by the Chair. I make that point of order.
The SPEAKER. The Chair overrules the point of order. It is not a question of order. this when a gentleman makes the statement his vote has been overlooked that the statement is taken.
Mr. STEVENS. This committee will be called again after the holidays.
The SPEAKER. The ComAg is in the same condition, having been passed over. DEFICIENCY BILL.
Mr. STEVENS moved 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 House resolved itself into the ComWhole on the state of the Union, (Mr. CULLom in the chair,) and proceeded to the consideration of the special order, being House bill No. 876, making appropriations to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes. The bill was read a 1st time for information, and then the Clerk proceeded to read the bill by paragraphs for amendment.
The Clerk read as follows: For public binding, $450,000.
Mr. STEVENS. I move to strike out “public binding” and insert “paper for the public printing.” It is to correct a mistake made in the estimates.
The Clerk read as follows: 16th section: Executive Building, including the For fuel, light, and labor, $23,000.
Mr. FARQUHAR. I move to strike that out. I simply desire to ask the chairman of the ComAppropriat what that covers? It will be recollected that at the last session we appropriated over a 100,000 dollars for furnishing and improving the Executive Mansion. Now it is proposed to o:$23,000, making an appropriation of over 123,000 dollars for furnishing and improving the executive Mansion. It seems to me we are called upon to exercise economy on these expenditures. We should at least look into them.
Mr. STEVENS. The appropriation asked for is for the Treasury building and not for the Executive Mansion.
Mr. FARQUHAR. Not the Mansion? Then I withdraw the amendment.
Mr. WASHBURNE, of Illinois. I move to strike out the following item: For rendering the Marine Hospital, at Louisville, Kentucky, habitable, $10,000. This is a bill for supplying deficiences, and certainly this is no deficiency, and I doubt the propriety of the appropriation anyhow for several good and sufficient reasons. In the 1st place, we passed a law at the last session of Congress giving to the SecyTreasury discretion to sell hospitals of this character, and providing for the care of sick seamen and boatmen in another way much cheaper and better. I hope there will be no objection to striking this item out. If there is anything wanted let the subject be brought in properly and sent to the ComCommerce, who will give it their consideration.
Mr. STEVENS. We did pass a law for the sale of most of the marine hospitals, but we unfortunately left the matter to the discretion of the Dept to say which. I think, however, it is not worth considering, and therefore I shall not object.
Mr. SPALDING. I would like to hear from o the member from the Louisville district [Mr. RoussiAr] whether this is necessary. If it be necessary I will vote for it. But I do not. know whether it is or not. The motion of Mr. WASHBURNE, of Illinois, to strike out the item was agreed to.
The Clerk read the following paragraph:. For facilitating communication between the Atlan tic and Pacific States by electrical telegraph, $40,000.
Mr. HALE., I would like to inquire for what purpose this sum of $40,000 is to be expended, and for that purpose I move to strike out the paragraph.
Mr. STEVENS. At the time Congress authorized the company to construct a telegraph line from the Atlantic to the Pacific ocean, very much against my sense of right, it ordered the Government to pay every year a subsidy of $40,000 for the period of ten years, I believe, from the date of the original grant, which will be for 8 years to come. Last year, by a supposed inadvertence I have never been very anxious to put these appropriations in at any time, and did not look very sharp for it we left out the appropriation. On referring to the law again I find there is no way of getting around it. By the contract made with the company the debt is due and ought to be E. paid. we have put it in this deficiency bill.
Mr. Wis I ask the gentlemen whether we have not been passing bills during the last session of Congress granting privileges to these companies, and giving them extensive grants of land on condition that they should furnish to the Government of the U.S. tele graph facilities, and to this company among others.
Mr. STEVENS. We did not grant any land to this company at all. There were several companies that got grants of land from Congress.
Mr. STEVENS. There was no legislation whatever in regard to this company at the last session.
The Clerk read the following paragraph: For a deficiency for work done, or being done by the ".of Washington city, in front of and across Government property, under act of May, 5, 1864, as per estimate of city surveyor in letter to the mayor of said city, accompanying estimate of ComrPubBldg. $170, 587.
Mr. WASHBURNE, of Illinois. I rise to a question of order. This appropriation is not in order. The privilege was reserved when the bill was introduced to take exceptions on points of order in committee. This appropriation is in accordance with no law, F and hence it is out of order here.
Mr. STEVENS. It is in accordance with a law passed by. Congress some years ago, by the Government was ordered to pay for 1/2 of the improvements of this. were to be made by the corporation of the cit of Washington when the same had been o justed, where the Government owned the property on one side. That is this case. The law was passed years ago, and the estimate, unless there is some mistake in it, is right. Last year we appropriated a sum for another portion of this work. The estimate has been made and filed and the General Government is asked to pay its proportion. It was put in the general appropriation bill and was then stricken out in order to have a regular estimate made.
Mr. WASHBURNE, of Illinois. This whole owas up, very nearly in this shape, at the last session of Congress as the chairman of the ComAppropriat may recollect, and there was found to be no law justifying an.?" of this kind, and I think the chairman of the ComWhole ruled it out of order. It is a proposition which should come from the ComDistCol. It has no business in this bill and I think it ought to be stricken out.
Mr. WASHBURNE, of Illinois. Then I move to strike out the paragraph. I am not disposed, upon the information that we have, to vote for this city of Washington an appropriation of $170,000. I call for tellers on the amendment. Tellers were ordered; and Messrs Stevens and WASHBURNE, of Illinois, were appointed.
Mr. STEVENS. I wish to state, before the question is taken, that this proposition was reported last year by the chairman of the ComDistCol, the Gentfrom Illinois, [Mr. INGER soll] The committee divided; and the tellers reported ayes 56, noes 47. So
Mr. KASSON. I move to strike out in lines 76, 77, and 78 the words “in all the sum of $35, 864 67.” There seems to be a surplus of language there.
Mr. SPALDING. I move to add to the bill the following: For payment of O. W. Barnes for lumber and car penter's work for Indian service, Joco reservation, in the year 1861, $1, 400
Mr. WASHBURNE, of Illinois. I must make a point of order upon that amendment.
Mr. SPALDING. Let me make a brief explanation. This item was included in an appropriation made by the Senate last session, which was stricken out in the House on the und that it ought to pertain to a deficiency ill and not to an appropriation bill. The Seeretary says that that is the only reason why this item was stricken out, that the vouchers are in the Dept, that the claim is correct, and that they only iack the money to satisfy it. I know that this individual is an honest car penter who performed the work.
Mr. WASHBURNE, of Illinois. I shall have to insist on my point of order for the purpose of doing what the Gentfrom Ohio has generally heretofore aided me in, keeping private claims out of appropriation bills.
Mr. SPALDING. I will ask the Clerk to read a few lines from the report of the ComrIndAff.
Mr. WASHBURNE, of Illinois. This may be a very just claim, and if the gentleman will bring it in as a private bill, I shall probably aid him in passing it through the House, but I hope that my friendfrom Ohio, who has been here tofore very strict in these matters and to whom the country is much indebted, will not press such a proposition as this.
Mr. SPALDING. if I move to put it in a different shape, and increase the sum to $40,000, then the gentleman’s objection would fall. But it was to relieve the bill from that large appropriation that I put the amendment in this shape. This man must either be paid in this way, or there must be an appropriation of $40,000.
The CHAIRMAN. The point of order having been raised, the Chair will ask the Gentfrom Ohio [Mr. SPALDING] what law there is which provides for this appropriation.
Mr. SPALDING. The law providing for the Indian service.
Mr. WASHBURNE, of Illinois. This is certainly a private claim.
The CHAIRMAN. The Gentfrom Ohio [Mr. SPALDING] states that the amendment he has proposed is in pursuance of some existing law.
Mr. WASHIBURNE, of Illinois. It is cus. tomary when thisfo is raised for the part offering the amendment to show the law which justifies it.
Mr. SPALDING. The Gentfrom Illinois [Mr. WASHBURNE] will not dispute that there is law for making appropriations for the Indian service.
Mr. WASHBURNE, of Illinois. That may be. But I dispute that there is any law upon the statute book for the relief of this man.
The CHAIRMAN. The Chair is of the opinion that unless the Gentfrom Ohio oSPALDING] can show some specific law or this appropriation the amendment must be ruled out of order.
Mr. SPALDING. I will modify my amendment so that it will read “tooth9 ComrIndAff to supply the deficiency for the payment of, ” &c.
Mr. WASHIBURNE, of Illinois. That does not change the original proposition.
The CHAIRMAN. The Chair is of the opinion that the modification does not change the character of the amendment so as to bring it within the rule of the House. The Chair therefore rules the amendment out of order.
The Clerk read as follows: Dept of State: To supply a deficiency in contingent expenses the appropriation for the of foreign intercourse for the fiscal year ending June 30, 1867, $250,000.
Mr. SCOFIELD. I move to strike out the clause just read. I have heard it said that this $250,000 was wanted to compel Surratt to come home until he shall be pardoned, or some such thing as that. [Laughter] They do not want to send the pardon over to Europe, for the pardon agents do not do business in forei countries as yet. [Renewed laughter] Ii. not know how it is, but I have heard that statement made, in the way of burlesque, perhaps. Now, I think that before we make this appropriation we should have some explanation of it.
Mr. SCOFIELD. The explanation of my colleague is, in general, satisfactory; but he says that there are some “other items;” and knowing his partiality toward the Administra.tion. i his recent intimacy with it, I do not know but that among those “other items.” may be one to pay the expenses of “swinging round the circle.” If the gentleman will assure us that there is nothing of that kind among the reserved items I will withdraw my motion.
Mr. STEVENS. I assure the gentleman that there is nothing of that kind included in this appropriation. There are 2 or 3 unpaid. }. of that account, [laughter, but it is expressly understood that they shall not come out of this appropriation.
Mr. SCOFIELD. Then I withdraw my motion.
Mr. STEVENS. I now move to amend by adding the following: To enable the ComrPubBldg to pay 3 watchmenemployed in grounds the Smithsonian for the fiscal year ending June 30, 1837, the sum of $2, 475 is hereby appropriated. To enable the ComrPubBldg to pay to the watchmenmentioned in the 5th section of the act appropriating for sundry ciyil expenses for the fiscal year ending June 30, 1867, the difference between their pay as fixed prior to the passage of that act and the allowance made by said section, $2,000 is hereby appropriated.
Mr. STEVENS. I will explain the reason for offering this amendment. These employees have been engaged under the authority of a law passed at the last session; but in that act we omitted to make any appropriation whatever for their payment. The Dept has, therefore, decided that these men cannot be paid out of any fund now at its disposak The amendment was adop Mr. STEVENS moved that the committee rise. The motion was agreed to. The committee accordingly rose; and
The SPEAKer having resumed the chair, Mr. CUL LoM reported that the ComWhole on the state of the Union had, according to order, had the Union generally under consideration, and particularly House bill No. 876, making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes, and had directed him to report the same back to the House with sundry amendments.
Mr. STEVENS. Mr. Speaker, I want to say one word in reference to the amendment of the committee striking out the following: For a deficiency for work done, or being done by the corporation of Washington city, in front of and acrossGovernment property, under act of May 5, 1864, as per estimateof city surveyor in letter to the mayor of said city, accompanying estimate of ComrPubBldg, $170,587. I know it is out of order to speak of what occurred in committee, but gentlemen acknowl edged in going through the tellers they did not understand what they were voting on, and they would vote on the strongest side. want to say that this expenditure was authorized by the act of 1864; that a part of the money has already been too and the other part is in the process of expenditure. I hope the appro}. will be passed and the debt paid off. ast year it was reported from the ComDistCol. Unless some gentleman wishes to make some remarks, I shall call for the previous question.
Mr. WASHBURNE, of Illinois. I confess the explanation of my friendfrom Pennsylvania is not satisfactory to me, for the reason I want to know something more about this matter than we have. Are we to pass an appropriation of $170,000 with no report of a committee, no explanation of the law, no facts upon which we can base an opinion as to whether the work has been properly done?
Mr. STEVENS. If the gentleman will allow me, I will call his attention to the estimates, pages 3 and 4.
Mr. DELANO. Let me call the gentleman's attention to what I understand to be the law regulating this matter. By the act of May 5, 1864, I believe there is provision made substantially in this form: that the Government shall pay such proportion of this expense as the Government's property compares with the other property of the city; and in order to know whether the sum charged to the Government is correct or not there should be an examination into the relative value of the Government property and other property benefited by these improvements. F.not discover there has been any such comparison, and it may be that the Government has been left to pay the entire amount.
Mr. WASHBURNE, of Illinois. I think the view the gentleman takes is correct. The surveyor seems to charge the whole amount to the Government. I submit, then, whether we are willing to vote the appropriation. I for one am not.
Mr. GARFIELD. Have we Government property enough between the streetsmentioned to authorize this appropriation to be made?
Mr. WASHBURNE, of Illinois. I do not know anything about it.
Mr. DAWES. I wish to inquire of the Gentfrom Pennsylvania if he has ever heard of such an officer in this city as the city treasurer or the city auditor. I have been here a number of o, and have legislated in company with the gentleman considerably upon matters pertaining to the city, and I for one have never heard of such an officer as city treasurer or auditor, nor have I ever seen an reports in the newspapers coming from such an officer, nor do P know perhaps it is my fault anything about the administration of the finances of this city, what becomes of the funds, and who is responsible for them. Thave heard that this whole matter of the control of the funds is in the hands of the mayor, and that it is sometime paid out upon his order simply, precisely as an individual pays out his own money. I will not vouch for the truth of this, but I did not know but the Gentfrom Pennsylvania had heard of such officers and could tell us what particular functions they discharge. Inasmuch as we are responsible for so much of the legislation in relation to the city of Washington, I thought it proper in connection with this large appropriation to make this inquiry.
Mr. SPALDING. I desire to say one word with the permission of the Gentfrom Pennsylvania. The committee felt themselves bound by the acts of Congress on this subject. This claim on the part of the City of Washington has been accruing for a series of years. I recollect distinctly that last year we rejected a portion of this very claim, but by doing so we only put off the evil day. The amount has been accumulating upon our hands, and just so long as this law is continued in existence which requires Congress to appropriate money to the extent of 1/2 of those improvements opposite public squares and other property belonging to the Government we shall be obliged to pay it. Now, my opinion as one member of the committee is that we had better pay off the debt as it now exists, and repeal all the laws on the subject.
Mr. DAWES. Had we not better repeal the laws before we pay the debt?
Mr. SPALDING. I am as reluctant to pay these claims as any member of this House, but I do not see any way of escape. If we post pone it we will only put an additional burden upon the next Congress.
Mr. INGERSOLL. I have here the act under which this appropriation is made. It is the act of May 5, 1864, the 3rd section of which is as follows: Abife:, That in all cases in which the streets, avenues, or alleys of the said city pass through or by any of the property of the U.S., the ComrPubBldg shall pay to the duly authorized officer of the corporation the just proportion of the expense incurred in improving such avenue, street, or alley which the said property bears to the whole cost thereof, to be ascertained in the same manner as the sum apportioned annon individual proprietors of the property improved thereby.
Mr. DAWES. I would inquire of the Gentfrom Illinois, [Mr. INGERSoLL] who is to determine upon the propriety of the ini provements, upon the amount of expense, and when contracts are fulfilled. Let us have a little light on the internal affairs of this city if we are to appropriate such enormous sums for its improvement. Let us stop and ascertain where the money goes and through what chan nel. Let us know who is responsible. I for one will not be backward while I occupy a seat here in liberal appropriations for the DistCol, but F. it is high time we have sonne ". in the disbursement. It may be that that responsibility exists, but it is quite important for. character of the administration of affairs in this city that it be made manifest that it does exist, for according to my information there is no responsibility in anybody; one man holds the money, makes contracts, pays whom he pleases, decides himself whether it is fair, audits his own account, squares it, strikes a balance, and when he is out of money calls for more. It is not proper for us to make these large appropriations in this manner for the DistCol if such a state of things exists. It does not result in any improvement. It is a sure way not to have an improvement, and a quite sure way to deplete the Treasury. The moral effect upon the district is bad, and I suggest to the Gentfrom Illinois, [Mr. INGER soil.] who is responsible for the morals of the l)DistCol that it is high time for him to look into the matter. [Laughter]
Mr. INGERSOLL. I do not wish to be understood as vouching for the correctness of the particular estimate under consideration. I only desired to have the law read that members might understand the relations that the Government of the U.S. bears to the city government in reference to these improvements. I am as much opposed as anybody upon this floor to the passage of any claim, come from whatever source it may, that has not been carefully considered by the proper committee, whether it comes from the DistCol or from any other section of the country. Now, in response to my friendfrom Massachusetts, [Mr D.Awes] who assumes that I am responsible for the morals of this city, I have this to say: that I protest against being held responsible for the morals of the city of Washingon while Congress is in session. [Laughterf] During the recess I have no objection to taking that responsibility.
Mr. DELANO. Prior to 1864 there was no law regulating the manner of dividing the expense of improving the city between the property of the Government and the property of individuals, and up to that time there was always a large claim against the Government for its proportion of the expense of those improvements. ' That claim has been alluded to by the Gentfrom Wisconsin, [Mr. Sloax] It was presented to the ComClaims last session, and after being largely reduced, a bill was reported in favor of what the committee was willing to allow, and that bill is now pend "?ov, under the law of 1864, there is a rule by which these expenses shall be apportioned, but whether this proposed appropriation covers those old claims I do not know.
Mr. SPALDING. My supposition is that this includes the very claim to which the gentleman refers.
Mr. DELANO. Well, if that is so, how improper it is for us to act on it; and it was because I saw that under the vagueness of this. opriation it might be made to accomplish at that I directed the attention of the House to the law on this subject.. Now, sir, the old claim ought to stand upon its own merits. Notwithstanding a portion of the claim has received the sanction of a committee, still it deserves the further examination and attention of the House before it is adopted. It ought not to be provided for in this bill without the House investigating it. I think that subsequent claims for the improvement of the streets and avenues of Washington which are made against the Government ought to be thoroughly scrutinized by the ComDistCol so that the House may actintelligently when it is called to pass upon those claims; I mean such claims as shall arise under the law of 1864. In the present form of this proposed appropriation when it is not certain whether if of the old claims that are yet to be acted upon by the House or for new claims, it seems to ine it should not be made without some further exam 1nation.
Mr. SLOAN. Will the gentleman allow me to ask him a question?
Mr. SLOAN. I would ask the gentleman if the items as read from the report are the items which were included in the claims upon which the ComClaims acted during the last session? My impression is that the sewer on 14th street and the work on. Pennsyl avenue in the one are the same as in the Other.
Mr. DELANO. That would be my imprestion. I listened, or tried to listen, when the items were read, but I could not feel sufficiently certain about it to assert the fact. There was a large item for sewerage in the claim, but whether it was for this particular sewerage I am unable to say.
Mr. STEVENS. I desire to say a word or 2 upon this subject. Last year we had some considerable difficulty about work done some 20 years ago, under an old law by which the Government took back certain land that had been granted to the city. The claim was at 1st rejected, but finally the sum agreed upon was paid. The act of 1864 was passed; under that act this work was done. The Government has agreed to pay for the work according to its proportion of the property that is affected by it. ur ComrPubBldg was charged with the examination of the claim, and this appropriation is to enable him to pay it. It may be that this allowance is too large. I am entirely willing that it should be examined. And I like the suggestion of the Gentfrom Wisconsin [Mr. Sloan) that some committee should take up and finally settle the accounts between the Government and the city of Washington. And in the hope that such a motion will be made by some gentleman, I shall not ask for a separate vote on this amendment, but allow the vote to be taken upon all the amendments together, unless some gentleman desire to have a separate vote on some one or more of them.
Mr. ROUSSEAU. I desire a separate vote of the House upon the amendment striking out the appropriation for the Marine Hospital at Louisville, Kentucky. It is true that at the last session Congress ordered certain hospitals to be sold. But the one at Louisville has not been sold, and I am assured that the appropriation here asked for is necessary in order to enable the Government to derive advantage from the use of that hospital. It is an important one, and I trust the amendment of the ComWhole will not be concurred in.
Mr. SPALDING. I will ask for a separate vote upon concurring in the amendment striking out the appropriation for Washington city.
Mr. I now call the previous question on the bill and pending amendments.
Skip Skip The previous question was 2nded and the main question ordered. The 1st amendment, upon which Mr. Rous sEAU asked for a separate vote, was to strike out the following: For rendering the Marine Hospital at Louisville, Kentucky, habitable, $10,000.
Mr. WASHBURNE, of Illinois. I desire to say a few words as to my reasons for moving in ComWhole to this clause. strike out
The SPEAKER. The previous question having been 2nd ed, and the main question ordered, no debate is now in order except by unanimous consent.
Mr. BRANDEGEE. I object to any further debate. The question was then taken upon concur ring in the amendment made in ComWhole; and upon a division there were ayes 52, noes 45. Before the result of the vote was announced, Mr. ROUSSEAU called for tellers. Tellers were ordered; and Mr. Rousse.AU and Mr. WASHBURNE, of Illinois, were appointed. The House again divided; and the tellers reported that there were ayes 56, noes 54. before the result of the vote was announced Mr. ROUSSEAU called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken: and it was decided in the affirmative yeas 80, nays 55, not voting, 56; So the amendment of the ComWhole was concurred in.
The SPEAKER. The next question is upon the amendment striking out the appropriation for work done by the corporation of Washington city. On this amendment the Gentfrom Ohio [Mr. SPALDING] has demanded a separate vote. The amendment was read as follows: f i.out lines 52 to 58, inclusive, as oilows: For ao of work done, or being done by corporation the of Washington city, in front of and across Government property, under act of May 5, 1864, as per estimate of city surveyor in letter to the mayor of said city, accompanying estimate of of Public Buildings, $170, 587. Commissioner
Mr. SPALDING. I understand that the chairman of the ComAppropriat [Mr. STEVENs] consents to the striking out of this item. I therefore withdraw my demand for a separate vote.
The SPEAKER. The question, then, is upon concurring in this and the remaining amendments reported from the ComWhole on the state of the Union.
Skip Skip The amendments were concurred in. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. STEVENS mtRtv the bill was passed; upon the table. agreed to. PRESIDENT's MESSAGE.
Mr. STEVENS moved that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union and proceed to the consideration of the President's annual message. 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. AshLEY, of Ohio, in the chair,) and proceeded to the consideration of the President's annual message, on which Mr. WENTworth was entitled to the floor.
The CHAIRMAN. In the absence of the Gentfrom Illinois, [Mr. WENTwoRTH, I who is entitled to the floor, the Chair recognizes the Gentfrom NewYork, [Mr. WARD]
Mr. GRINNELL. I move that the committee rise. The motion was agreed to. So the committee rose; and The SPEAKer having resumed the chair, Mr. AshLEY, of Ohio, reported that the ComWhole on the state of the Union, having had under consideration the President's annual message, had come to no resolution thereon. ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill (S.No.373) entitled “An act releasing to Francis S. Lyon the interest of the U.S. in certain lands;” whereupon The SPEAKer signed the Saille.
@@@IN SENATE SENATE. FRIDAY, December 14, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS AND MEMORIALS. Mr. MORGAN presented the petition of J. H. Merrill, a captain in what was known as the naval brigade, praying for compensation for his services; which was referred to the ComClaims. Mr. FESSENDEN presented the petition of James Jones, praying for compensation for services rendered as asst assessor of internalrevenue for the 6th division of the 1st district of SCarolina; which was referred to the ComFinance. He also presented the petition of H. Clare mont Moses, praying for compensation for services rendered as asst assessor of internalrevenue for the 1st district of SCarolina; which was referred to the ComFinance. Mr. WILSON presented 2 petitions of officers of the U.S. Army, praying for an increase of pay; which were referred to the ComMilAffrs . Mr. SPRAGUE. I present the petition of Charles Appleton, an inmate of the Soldiers' Home, with a pension of 3 dollars a month. He is compelled to remain in that position, kept from his family and from his friends and from all social intercourse. This would seem to be rather a penalty than a reward for having served his country. Rather than make institutions wherein our soldiers will be kept away from social intercourse, I think we should give them pensions of a sufficient amount to enable them to remain at home in social communion with their family and friends, and in that way pass their lives happier and better. I move that this petition be referred to the ComPensions. The motion was agreed to. Mr. GRIMES. I have been requested to present the memorial of the clerks and civil employees of the respective Executive Depts in Washington, indorsed and approved by the heads of the Depts and by the chiefs of the bureaus, praying for an increase of their compensation. move that it be referred to the ComFinance. It was so referred. compeNsATION of TENNESSEE sex AtoRs.
The PRESIDENT protempore. The Chair received from the SecySenate a communication addressed to him personally, asking direction in regard to the payment of the salaries of the Senators recently admitted from the State of Tennessee. As the case is one in some respects of 1st impression, the Chair deems it proper to lay the communication beforethe Senate in order to have the benefit of the judgment of the Senate on the case stated in the communication. With the permission of the Senate the communication will be read. The communication was read, as follows: OFFICE OFTHWEASSEHCIRNEGTTAORNY, OF THE SENATE. December13, 1866, SIR: My attention has been called to the question of the payment of the Senators admitted from the State of Tennessee at the last session of Congress. As the decision of properly pertains to you as the Presiding Officer of the Senate, Idesire to be informed whether the payment of compensation to them is to be made from the commencement of the 39th Congress or from the date of admission asSenators. their Iam, very respectfully, your obed ientservant, JOHN W. FORNEY, SeySenate, Hon. L. F. S. Foster, President protempore of the Senate.
The PRESIDENT protempore. What order will the Senate pass in reply to the suggestion made in the letter just read 7
Mr. WILSON. I move that the communication be referred to the ComJudiciary. The motion was agreed to. DEFICIENCY BILL.
Mr. FESSENDEN. The ComFinance, to whom was referred the bill (H.R.No. 876) making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, have directed me to report it back with 2 amendments. This is a bill containing a very few items which it is necessary should be passed immediately. It is a very short bill and can readily be understood from the reading; but if any gentleman wants information I can give it. By unanimous consent the bill was considered as in ComWhole. The 1st amendment reported by the ComFinance was to strike out the following item: For facilitating communication between the Atlan tic and Pacific States by electrical telegraph, $40,000.
Skip Skip The amendment was agreed to. The next amendment was to strike out the following item: To enable the ComrPubBldg to pay the 3 watchmen appointed under resolution of July 25, 1836, at $900each, $2, 700.
Skip Skip The amendment was agreed to. 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 a 3rd time. The bill was read the 3rd time and passed. ENROLTED BILLS SIGNED.
The PRESIDENT protempore signed the following enrolled bills, which yesterday received the signature of
The SPEAKer of the House: A bill (S.No.308) confirming the title of Alexis Gardapier to a certain tract of land in the county of Brown, and State of Wisconsin; an A bill ( S.No. 373) releasing to Francis S. Lyon the interest of the U.S. in certain lands. CLARA MOORE.
Mr. WILLIAMS. The ComClaims, to whom was referred the petition and accomanying papers of Clara Moore, widow of W. Ely deceased, praying for payment to her of the claim of her husband for an amount : for additional clerks and office accommodations for those clerks in the register's office at Lecompton, Douglas county, Kansas, have instructed me to report back the papers and ask to be discharged from the further consideration of the case. There was an adverse report in the case at the last session.
The PRESIDENT protempore. The question will be on discharging the committee from the further consideration of the subject.
Mr. POMEROY. I hope the committee will not be discharged. I have further papers in the case that I desire to present, to the committee, and I would be gratified if the committee would withhold that report and allow the additional papers to be presented. It is early in the session, and I did not suppose the report would be made so soon or I olia have had the papers in before.
The PRESIDENT protempore. Does the Senator move to recommit the report?
Mr. POMEROY. Yes, sir; I make that motion.
Mr. WILLIAMS. I suppose the additional papers to which the Senfrom Kansas refers are now in the hands of the clerk and have been examined by the committee. Since the adverse report was made at the last term certain affidavits have been submitted to the committee, but in the judgment of the committee they do not change the state of the case so as to entitle the petitioner to the relief for which she prays. will say to the Senfrom Kansas, that the difficulty in this case is not so much in the particular facts presented by the petitioner as in a decision establishing a dangerous precedent. The committee are not inclined to make a decision in this case which will be a precedent for similar decisions in other cases. The fact is that nearly all the land officers of the U.S. stand in the position in which the husband of this petitioner stood; and if an allowance be made to her in this case there will be no reason why all the land officers that have been employed by the Government for the last ten, 12, or 20 years should not be allowed extra compensation. It is chiefly upon that ground that the committee have instructed me to make this adverse report, and I do not think that any additional papers can be submitted by the Senator which change the decision of the committee in this case. It has been twice thoroughly examined by the committee and considered, and I think it is time that the case was ended.
Mr. POMEROY. I have no doubt the committee desire to do exact and equal justice, whatever the precedent may be. The papers in this case show what cannot be shown in other cases, that there was in the 1st place a permission, and in the 2nd place an agreement, that clerk hire should be had; and those are the papers upon which I rely, and which I desire to place before the committee. I do not wish to argue the case on the mere question of recommitting it to the committee; but when the committee shall have all the papers before them, and examined the case fully, }. no doubt they will report in favor of allowing something perhaps the whole claim.
Mr. HENDRICKS. If the Senfrom Kansas will allow me, I wish to ask the Senfrom Oregon if the attention of the committee was called to the law which authorizes the adjustment of the accounts of the registers and receivers for the expenses they incur, by the Commissioner of the Land Office, with a view to their reference to Congress for compensation? There was a law of that kind passed somewhere about the year 1856, I think, and under that law the registers and receivers thought they were authorized to employ clerks and to meet the expenses of their offices out of the public Treasury, but the ComrGLO was not authorized to adjust the accounts finally and give them a credit for the expenditures, but it was contemplated that the claims should come before Congress. The act of Congress contemplated it; and I wish to ask the Senator, whether the committee has considered that law in connection with this particular claim?. It seems to me that it has something to do with it.
Mr. HENDRICKS. I think this claim should be recommitted. If the committee has given the construction to the act that was in tended by Congress for the relief of the registers and receivers which is intimated by the Senfrom Oregon, I do not agree in that construction, unless I fail to recollect the law altogether.. The law did authorize the Dept to adjust the accounts of registers and receivers upon the discretion of the Commissioner, and to report that adjustment to congress for allowance. I do not see how the account could be adjusted unless the clerks were employed in advance. I do not see what the Commissioner could possibly have to adjust, upon the construction which the Senfrom Oregon says the committee has given to that law. I think it would be well enough for the committee to give their attention once more to that law. I was not, when I was Commissioner of the Land Office, of the opinion that that law had the construction now named. thought that the register was expected to employ the clerks, and that on the faith of that law Congress would make them an allowance where the case was proper.
Mr. WILLIAMS. If the Senator will allow me, I will ask him if he is not aware that a decision has been made by the SCOTUS upon this question.as to allowing registers and receivers extra compensation? I am advised that a decision was made by the U.S. district court of the State of Iowa in conformity somewhat with the views expressed by the Senfrom Indiana. That case was taken to the SCOTUS, and the judgment was reversed, and, as I understand the decision I have not examined it particularly with reference to this case it was in effect that registers and receivers were not allowed extra compensation oservices or the care of money in their an Ols.
Mr. POMEROY. When the case shall be reported from the committee for action I shall desire to make a very full statement in regard to this land office. I am perfectly familiar with the whole matter. It was in the county of Douglas where I lived at that time, and where nearly every claim was contested. It was an office of constant litigation. Our men camped out before the office for months waiting for their turns. It is one of those cases that recommends itself more strongly for extra comothan any case I ever knew, and I o not know in fact of another one in the State. The Senfrom Oregon says this will be a precedent for other cases. It is the only one that has ever come to my knowledge from our section of the country.
The PRESIDENT protempore. The 1st motion in order being that the committee be discharged from the further consideration of the subject, the Chair will put that motion in the 1st instance. The motion was not agreed to.
The PRESIDENT protempore. The motion now is that the report be recommitted to the ComClaims. The motion was agreed to. LAND OFFICE REPORT FOR EUROPE.
Mr. POMEROY. The ComPubLands, to whom was referred the resolution of the Senate directing them to inquire and report upon the expediency of printing the last report of the ComrGLO in the different languages spoken on the continent of Europe, for distribution at the Paris Exposition, have had the same under consideration, and believing that the publication of that report and accompanying papers in the leading languages of Europe, and the distribution of the same at the Paris Exposition, will promote immigration and the development of the public lands of the U.S., respectfully recommend that they be printed in i. following languages: 5,000 copies in German, 5,000 in French, 5,000 in the Swedish, and 5,000 for the use of the Senate of the U.S.; but the committee not being informed in regard to the expense of this printing desire me to move that the resolution and report be referred to the ComPrintg.
Mr. CONNESS. There was also, if I remember aright, a resolution offered by the Senfrom Wisconsin [Mr. How E] concerning the printing of some extra copies of the maps accompanying that report, and I should like to know whether they are included in this motion.
Mr. PoMEROY. I have simply said “the report and accompanying papers.” Those are the reports of the surveyors general and the maps accompanying the report, which the committee recommend to have printed as well as the report proper.
The PRESIDENT protempore. The question is on referring this subject to the ComPrintg. The motion was agreed to. PAYMENT of senAtor Foot's widow.
Mr. POLAND submitted the following res. olution; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate: ' Resolved, That the Secretary of.:” “” he is hereby, directed to pay out of tue conuns, fund of the Senate, to Mrs. Mary Foot, widow of Hon. Solomon Foot, deceased, late a Senfrom the State of Vermont, the amount due the deceased at the time of his death, for coinpensation according to the act of the last session increasing the compensation of Inembers of Congress. PAYMENT of seNATon collaMER's widow.
Mr. POLAND submitted the following res. olution; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate: Resolved, That the Secretary of ho the Senate be, and is hereby, directed to pay out of the contingent fund of the Senate to Mrs. Mary N. Collamer, widow of Hon. Jacob Collamer, deceased, late a Senfrom the State of Vermont, the amount of compen Ration due the deceasedat the time of his death according to the act of compensation the last session increasing the of members of Congress,? do., BILLS INTRodUco o Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.472) to authorize the establishment of a library in the City of Washington for the use of Government, employees and other persons; which was read twice by its title, ordered to lie on the table, and be printed.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.473) making agricultural and mechanical college scrip receivable in payment for preemption claims; which was read twice by its title, and referred to the ComPubLands. DARIEN SHIP CANAL.
Mr. SPRAGUE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 149) to extend aid and facilities to citizens of the U.S. engaged in the survey of a route for a ship canal across the Isthmus of Darien; which was read twice, and considered as in ComWhole. It is as follows: Resolved, doc. That the SecyNavy be, and he is hereby, requested to issue orders to the senior officers of the Navy at Panama and at Ase in wall to aid parties from the U.S. wilo are undertaking a survey of the Isthmus of Darien for the purpose of discovering a favorable line for a ship canalto connect the 2 oceansso far as the same can be done without prejudice to the interests of tehxepneanvsael service at those stations, or at additional to the Government.
Mr. SPRAGUE. In this connection I desire simply to state that informally I presented the matter to the consideration of the ComCommerce, who as informally gave it their approval, so far as the manner of arriving at.desired result is concerned. I have also consulted with the chairman of the ComNavAffrs, who in the same manner approved of the proposition. The case is simply this: some ten or more gentlemen of high standing and of wealth and of enterprise have associated themselves together and have contributed a fund for the employment of a party of surveyors for the purpose of investigation. They have some slight idea, from the knowledge of the past and from the investigations of the present, and from information from parties with whom they have connection, that there may be found a line of connection betweenthe 2 oceans where many 100 years ago the Indians sailed from the Atlantic to the Pacific and vice versa. The object of this resolution is to request the SecyNavy, when it can be done at no expense to the Government, and so as not to be incompat ible with the naval service, to aid these parties in the prosecution of that enterprise.
Mr. CONNESS. Mr. President, it will be remembered that about the end of the last session of Congress there were some resojlutioons passed upon this subject, and an approof money obtained, to enable the W. dept to conduct a survey wherever it should be found practicable upon the report to be made from the chief of the Naval Observatory on that subject; and further explorations were directed with a view of ascertaining the best route for a ship canal between the 2 oceans, the Atlantic and the Pacific. This goverment entirely separate and Caroline ., johd instituted or to be instituted by private parties or capitalists on their own account. For one, I am in favor of any and every means of developing further knowledge and throwing further light upon the great subject involved; but I would suggest to my friend who has introduced this resolution that it should be more specific in its character, and that in place of directing the SecyNavy to furnish ships at the instance of persons who might apply, a particular organization of citizens should be designated and their responsibility shown before action should be taken; or, in other words, that the resolution should have that shape. I would say also to my friend that the ComPostOffices had charge of the subject last year and h" onsidered it, though I have no choice, fo. as to which committee of this body it should go to. I think it will be found that perhaps another shape for the resolution will be necessary. I am very glad that the honorable Senator has undertaken to aid in the preliminary steps of the grand enterprise of constructing a great ship canal between the 2 oceans.
Mr. SPRAGUE. Mr. President this is preliminary; the formation of the company is in the future. It may be remembered that the Government of the U.S. have for many years had the matter of a ship canal under their serious consideration. We have from time to time had reports in relation to that object: We have sent expeditions there, obtaining the consent of the authorities of the Isthmus, and have at great expense and at great loss of life been unable up to the present time to succeed. It would not be a marvel, nor would it be.; if that which the Government has failed to accomplish should be accomplished by, private enterprise. It would not be astonishing if in this case as in many others a enterprise should be successfully carried into effect after Government had male every effort for its accomplishment and had failed.tion to affording whatever facilities the naval officers at these points may furnish to the party of gentlemen who are undertaking this enterprise. I can guaranty, as a Senator, the respectability and the reliability of these gentlemen, and I know that what they may ask for will not be any expense to the Government or in any form contrary to the interests of the naval service upon this continent. I trust the Senate will pass the resolution. There is nothing more in it than is presented on its face; and I should support a similar resolution of the honorable Senfrom California, if he or a company of his friends should have an idea that there might be a line in the secret recesses of that region not thought of, not known, and not believed by 99 /100ths of mankind.
Mr. GRIMES. When the Senfrom RhdIsland was kind enough to show me this resolution yesterday, no objection occurred to my mind at that time and none has since occurred to its passage; but I suggest to him that it would be well enough for him to modify it so that this direction of the SecyNavy may be sent to any officer rather than to the officers who may happen for the moment to be in command at Aspinwall and Panama. They may be subordinate officers; and were the SecyNavy disposed to shrink from the responsibility which the resolution naturally confers upon him, which I have no reason to suppose would be the case in fact I am satisfied it would not be the case there would be abun dant opportunity for him to do so according to the phraseology of the resolution. I would suggest to the Senator that he modify it so as to authorize the Secretary to direct either the admiral in command of the South Pacific squad ron or the admiral in command of the South Atlantic squadron to attend to this matter, or to detail any naval officer that he may see fit, and not to specify that this service must be rendered by i. naval officer who may happen for the time to be in command at A or Panama. Now, I think, we have no naval officer at Aspinwall. We had a receiving ship there during the war, but have not now.
Mr. SPRAGUE. It is intended by the Dept, as I am told, to have a vessel always at one or the other of these points.
Mr. SPRAGUE. I shall be very glad to modify the resolution as proposed by the Senfrom Iowa, to meet the desired end, so that the order may be addressed to any officer instead of the officer in command at those points.
Mr. POLAND. I move that the Senate proceed to the consideration of House bill No. 598.
The PRESIDENT protempore. The JtResolution before the Senate is not yet disposed of.
Mr. SPRAGUE. I will prepare an amendment to the resolution to meet the views of the Senfrom Iowa.
The PRESIDENT protempore. With the permission of the Senate, while the JtResolution is being modified, the Chair will lay before the body a concurrent resolution from the HoRep. ADJOURNMENT FOR CH itfSTMAS HOLIDAYS.
The Secretary read the following resolution received yesterday from the HoRep: Resolved, (the Senate concurring.) That when the House adjourns on Thursday the 20th instant, they form to meet on Thursday the 3d day of January next.
Mr. GRIMES. I move that the Senate proceed to the consideration of the resolution.
Mr. FESSENDEN. That will lead to debate.
The PRESIDENT protempore. Is there any objection to its present consideration? M. FESSENDEN. Yes, sir.
The PRESIDENT protempore. Objection being made, the resolution must lie over.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep I can see no possible objectives, by Mr. McPueftion, its Clerk, announced that the House had passed the bill (S.No.1) to regulate the elective franchise in the DistCol; and also that the House had concurred in the amendments of the Senate to the bill (H.R.No. 876) making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes. ADMISSION OF NEBRASKA.
Mr. WADE. I move to postpone all prior orders and proceed to the consideration of the bill for the admission of the Territory of Nebraska into the Union as a State.
Mr. POLAND. Early last week I gave no tice to the Senate that on Monday of this week I would move to proceed to the consideration of the House bill to establish a uniform system of bankruptcy. I was not aware at the time of iving that notice that a similar notice had been given by the honorable Senfrom Maine, the chairman of the ComDistCol, [Mr. Morrill,) that he would ask at that time to have the bill taken up which has been under consideration for the last 3 or 4 days. I did not desire to an tagonize this bill against that one, and I therefore waived the notice I had given and allowed that bill to be taken up without any controversy in relation to the order of business. The motion is now to proceed to the consideration of a House bill, which was passed at a later period in the last session than the bill that I have in charge, the bankrupt bill. It seems to me that if there is any bill which is deserving of consideration, deserving of precedence, one in which a very large number of persons are interested, and very deeply interested too, it is this bill to establish a uniform system of bankruptcy. Certainly no bill is now before the Senate, there will be none before the senate I mean none having no political signif icance in which so large a number of persons are interested and feel a deep interest. I hope that the motion of the Senfrom Ohio to take up the bill he refers to will not revail, but that the Senate will allow me to have the bill to establish a uniform system of bankruptcy taken up and considered. It is an earlier bill and a more important bill, as I believe, than the one which the gentleman has in charge.
Mr. WADE. I think that this bill for the admission of a State into the Union, which has been delayed so long, is as pressing and as worthy of immediate consideration as another business which could be presented. do not think it is quite just to those gentlemen who have been elected to this body as Senators, and who have waited for a long time in a state of uncertainty, for us to delay the decision of the question whether they shall come into this body or not. If they are entitled to their seats here, as I have no doubt they are, it is their right, and what is more, it is the right of their State, that they should be upon this floor and participate in the disposition of the very question that the Senfrom Wermont wishes to antagonize with this and all other important questions. I cannot conceive that there is any question more pressing and important than for us to ascertain who are entitled to seats upon this floor and to participate with us in the legislation of the body. If the people of Nebraska have entitled themselves to admission, it is their right to be represented here; and it is discourteous to the gentlemen whom they have sent not to consider their case. They have been exceedingly patient; they have been kept long waiting; they are anxious to have the question decided; and I hope the Senate will take it up now and decide it. In regard to the bill of the Senfrom Vermont, I will only say that my mind is not quite made up as to how I shall vote upon it; but that does not affect the question now before us. I think the bill I have in charge is one which is entitled to precedence.
Mr. WADE. But the principle on which you did vote would have brought it in neverthe less. It is exactly the same question with this difference, this is a Territory which has always been loyal, always patriotic, which sent into the field to fight the battles against rebellion more troops in proportion to her inhabitants than perhaps any other State or Territory in the U. Small though she was, she was extremely patriotic, and exerted herself to the utmost to perform all her duties to the General Government. And yet, sir, (turning to Mr. SUMNER,) you now raise an objection against her though you voted for a rebel State. That is all there is in the case. I hope no such consideration will induce us for one moment to postpone the consideration of this bill. Let us put it upon its merits, and let us do justice to the Representatives and Senators from these new States that are waiting here and are compelled to wait here in the performance of their duty to their constituencies. Let us decide their case, and if it is the judgment of this body that they are not entitled to seats here, let their constituents know it that they may take other steps. My judgment is that no Territory ever knocked at your doors for admission as a State with greater reason to be successful than does this Territory of Nebraska, and I think I can show it when the question comes approperly. There are gentlemen upon this floor and elsewhere contending that the little State of Florida, with not so many inhab itants as Nebraska, a State scarred all over with rebellion, must be admitted here and cannot wait a moment; but when this loyal Territory of Nebraska with more inhabitants asks for admission, the Senfrom Massachusetts stands like a lion in the pathway to keep her out, when really he wants her aid to carry great measures in the direction that he and I advocate. I hope the question will not be postponed.
Mr. POLAND. Mr. President, I do not propose to go at all into the respective merits of these bills on the question of which shall 1st be taken up. I am very decidedly in favor of a bankrupt law;Ibelieve that it is a most wise and beneficial measure, and I believe that this bill which has passed the HoRep is a very excellent, well drawn bill; but I apprehend there may i.e. other gentlemen in the Senate who may differ from me in that regard. As to the measure that is proposed to be taken up by the Senfrom Ohio, I am not prepared to say whether I am in favor of it or not. I have not given it suf. ficient consideration. I do not put the question of precedence between these 2 bills at all on the question of their respective merits; and I apprehend that if we are to determine that beforehand, in advance, if that is to be a E.question always, we never shall now what to take up. The bankrupt bill was passed at an earlier period in the House than the bill of which the Senfrom Ohio has the charge; it came into the Senate earlier. I gave notice, as I said, last week that I would call it up on Monday of this week; but having learned that the honorable Senfrom Maine had given a similar notice in favor of a bill which was earlier than mine, that had passed the House earlier and came to the Senate earlier than the bankrupt bill, I yielded out of courtesy to him. I waived the notice I had given to call up this bill as I did not desire to antagonize ohim; but it seems I yielded altogether more to courtesy than I was entitled to do. How far, having given a notice of this sort, entitles a Senator to be allowed to proceed according to the notice he has given, especially after he has once yielded to a prior notice, is more than my experience here enables me to say. Certainly if I am not allowed to proceed with this bill at the present time, I am not allowed that courtesy which I extended. It seems to me that the bill I have in charge is entitled to be 1st taken up.
Mr. WADE. I barely wish to say, in reply to the Senfrom Vermont, that I have not antagonized anything to his measure. He says that he has given way. I believe he does not mean that he has given way to any measure that I had in charge.
Mr. POLAND. No, but to the Senfrom Maine.
Mr. WADE. I gave way also to him, because I was exceedingly anxious that the matter of which he had charge should come up and be disposed of Fair notice has been given of my intention to present this measure. The question is fairly before the Senate: which of the 2 bills indicated ought to be acted on? I do not wish to take any further time.
Mr. HENDRICKS. I think what the Senfrom Ohio demands now of the Senate is unusual, perhaps without a precedent, if not irregular. He says that there is a special demand of the State of slon– Colorado for admis
Mr. WADE. It is not the Colorado bill that I propose to take up, but the Nebraska bill.
Mr. HENDRICKS. I thought it was the Colorado bill. At any rate the Senator says that Territory has a right to admission as a State. During the last session a bill was passed for the admission of Colorado, and it received a veto. When it was insisted by myself that it was due to the veto and to the subject both that it should be taken up and disposed of by the Senate, the Senfrom Ohio then, although the State was here demanding a hearing, demanding admission, was opposed to the consideration of the veto message; and it was by his arguments and his influence in the body that the consideration of the message was post poned at that session. Why, I am not able to say. He now says that a bill introduced for the admission of Nebraska a day or 2 ago imperatively demands the attention of the Senate; but at the last session he would not allow a bill for a State that he said ought to be admitted to come before the Senate. .he knew; I did not know. He did not explain to the Senate; it was enough for him to oppose the consideration of the message.
Mr. WADE. I can very soon relieve the Senator's mind on that subject if he will allow me to do so.
Mr. WADE. I had very strong apprehensions that if I allowed that measure to come up it would not pass at that moment. I was not ready for the battle. That was the reason I wished to postpone it; not because I did not desire to have the State in. I supposed the gentlemen was sagacious enough to apprehend what the reason was.
Mr. HENDRICKS. I am sure the Senfrom Ohio ought to understand that subject very thoroughly, for he 1st made a speech to prove that Colorado ought not to come in at all, and then he voted that colorado should not come in, and afterward he became the advocate of her admission, and subsequently, as the champion of that measure, he would not allow it to be considered by this body. I am not undertaking to prove the entire consistency of the course of the Senator; but I am contrasting his course at the last session with regard to the admission of a State, which at the time he said ought to be admitted, with the urgency with which he demands the consideration of this particular bill now. I suppose he thinks it is all ready now for a vote. His proposition in legislation then is, that a bill ought to be considered if it can pass, but ought not to be considered if the mind of the body is against it. I never understood it to be a principle in legislation that it depends on whether a measure can pass whether it ought to be considered. I do not know very much about the ocase of Nebraska; but I think the rst bill that ought to be considered here is the one that received the veto at the last session. It is a very unusual course that a new bill should be brought in here and the veto never considered.
Mr. YATES. Mr. President, I am in favor of both these bills, and I desire to give that one of them precedence which it seems to me ought to have preference in the nature of the case. Although I do not profess to be as well acquainted with the rules of the Senate as the Senfrom Indiana, I cannot see why the course now proposed is unusual. When the people of a Territory form a State government, and adopt a constitution in pursuance of an enabling act, and elect Senators, and those Senators present themselves before the Senate of the U.S., it seems to me it is not only in order, but it has been the custom and rule of the Senate to proceed immediately to the consideration of that subject. It is 1st in order. It is naturally in order and entitled to precedence. While I favor the bill of the Senfrom Vermont, I hope he will not insist upon its precedence to this bill. Here is a State that has been organized in pursuance of an act of Congress; it is demanding admission; and I would say to the Senfrom Massachusetts that it is a State after his own heart. It sends Republican Senators. It is one of our young sisters asking admission into this body. I hope the Senfrom Vermont will not press upon the Senate his bill in preference to this. It is due to the State of Nebraska, it is due to the Senators whom she has sent here, that we should say whether they are entitled to seats on this floor or not. Common courtesy dictates that we should consider this question 1st. Therefore while I expect to support, and shall do so most cheerfully, the bill of the Senfrom Vermont, I hope the motion of the Senfrom Ohio will prevail.
Mr. BUCKALEW. I desire to say to the Senfrom Ohio that I was not aware that he had introduced a new bill in relation to colorado.
Mr. BUCKALEW. I desire the statement I have just made to go in connection with my former remarks.
Mr. WADE. I hope we shall have a vote on the question. I sincerely hope that both bills may be taken up and disposed of today.
Mr. SUMNER. Mr. President I hope I shall be pardoned if I make one word of reply to the Senfrom Ohio. He seemed to think that his argument was advanced by personal allusions to myself. if I understand him, he sought to show an inconsistency on my part.
Mr. SUMNER. The Senator says yes, he thinks he did. Very well, that will justify me then in one moment's reply. I am at a loss to understand how the Senator can find any inconsistency on my part if he takes the trouble to understand the facts. He assumed that I voted for the admission of Tennessee. I have sent for the Journal of the Senate.
Mr. WADE. No; I did not say you did. When you said you did not I.gave it up.
Mr. SUMNER. Very well; I have sent for the Journal of the Senate and my name will be found recorded on all the yeas&nays, and they were very numerous, that were taken against the admission of Tennessee; and I at that time assigned the reason, because it contained the word “white” in its constitution.
Mr. WADE. You voted for the constitutional amendment.
Mr. SUMNER. The Senator says I voted for the constitutional amendment. I did vote for the constitutional amendment; but I should like to ask the Senator whether he considers himself bound now to admit one of these rebel States if it refuses the suffrage to freedmen. I should like to ask my friend to answer that.
Mr. WADE. I do not know that I understand the Senator. Let me say that I should consider myself bound by the constitutional amendment if the southern States complied with it within a reasonable time, and that reasonable time, in my judgment, is nearly elapsed. By a reasonable time I mean as soon as their Legislatures can consider it. If they adopt the constitutional amendment, and comply with the terms prescribed by the reconstruction committee and adopted by Congress, I should feel bound to vote for their admission. I voted for the constitutional amendment on that hypothesis,
Mr. SUMNER. Even with the word “white” in their constitutions?
Mr. SUMNER. Withoutregardtotherights of the freedmen?
Mr. WADE. On complying with the requisitions of the constitutional amendment I should vote for them.
Mr. SUMNER. I do not agree with the Senator, and I distinctly stated when that proposition was under discussion that I did not accept it as a finality; that I was not in any respect bound by it; that so far as I had a vote on this floor I would insist that every one of these States, before their Representatives were received in lo Congress, should confer imsuffrage, without distinction of color. insisted upon that at the time, and therefore I ask my friend what inconsistency is there on my part now when I insist upon the same rule with regard to Nebraska.
Mr. WADE. I cannot see how the Senator could have misled the southern States with that. When they complied with all we asked of them in the constitutional amendment I supposed we could not refuse to let them in on those terms. If the Senator did not intend that they should have the benefit of what we had done by compliance with the terms on their part it seems to me there was something wrong. I intended to let them in on the terms we prescribed. I did not ask more, and I would not be satisfied with less; and if now they should comply with them it would be bad faith in me to refuse to admit them. Certainly, I am as much for colored suffrage as any man on this floor, but when I make such an agree. from Pennsylvania meet these great awd weighty ifment as that I stand by it always.
Mr. SUMNER. Sir, the Senator says, “when I make an agreement I stand by it.” I accept the language of the Senator; when I make an agreement I stand by it. I made no such agreement as the Senator attributes to me, and I do not understand that the Senate or that Congress made any such agreement. I know that certain politicians and certain edit ors have undertaken to foist such an agreement into that proposition of constitutional amendment. It was never so declared. I believe that the ComReconstruction reported a resolution to that effect, but they never called it up, and I know very well that I offered a resolution in this Chamber expressly disavowing any such agreement.
Mr. DOOLITTLE. The Senfrom massachusetts will allow me?
Mr. DOOLITTLE. The ComReconstruction reported a resolution that if each State should adopt this amendment and the amendment should become a part of the constitution, be adopted by a sufficient number of States, that then the states might be accepted. That was what they reported.
Mr. WADE. That was the understanding I alluded to.
Mr. SUMNER. It was not acted on. It was never passed. I suppose that those who had it in charge did not venture to invite a vote upon it.
Mr. DOOLITTLE. "It was laid on the table by a vote in the HoRep upon the yeas&nays.
Mr. SUMNER. Very well; that is not in my memory now. I do not doubt, however, that it was so laid on the table in the other House. What is the natural consequence of that? It never became in any respect a legislative act. Nobody entered therefore legislatively into any such agreement as the Senfrom Ohio attributes to me. How he could attribute it to me in the face of my constant asseveration on this floor that I would not be a party to any such agreement surpasses my comprehension. Now, if I understood the Senator, I have answered his 2 charges of inconsistency against me, 1st with regard to the admission of Tennessee, and 2nd ly with regard to the constitutional amendment. That part of the Senator's speech therefore falls to the ground. So far as the Senator entered upon the merits of the question I will not now make any reply. There may be a time for that, if the subjectshould be taken up and we should enter upon its consideration, although I should say now that I have no desire to occupy the attention of the Senate on this subject. I however must enter my most ear nest protest against the measure. To my mind it is one of the most disastrous measures that has been introduced into Congress. I use my words advisedly; I say it is disastrous because it will impair the moral efficiency of Congress, injure its influence, and be o:like a bar against the adoption of just measures for the rebel States. Sir, we are now seeking to obliterate the word “white” from all institutions and constitutions there; and yet Senators here, with that great question before them, rush swiftly forward to admit a new State with the word “white” in its constitution. In other days we all united, or many of us did and the Senfrom Ohio was among the number in saying “No more slave States!” I now insist upon another cry: “No more States with the word “white' in their constitutions!” On that question I part company with my friendfrom Ohio. He is now about to welcome them.
The PRESIDENT protempore. The motion is that the Senate now proceed to the consideration of the bill to admit Nebraska as a State of this Union. The motion was agreed to, there being on a division ayes 21, noes 1;1 and the bill (S.No.456) for the admission of the State of Nebraska into the Union was considered as in ComWhole. It recites that on the 21st day of March, 1864, Congress passed an act to enable the people of Nebraska to form a constitution and State government, and offered to admit the State when so formed into the Union upon compliance with certain conditions therein specified; and it appears that the people of Nebraska have adopted a constitution which, upon due examination, is found to conform to the provisions and comply with the conditions.". act, and to be republican in its form of government, and that they now ask for admission into the Union. It is therefore proposed to enact that the constitution and State government which the people of Nebraska have formed for themselves be and is accepted, ratified, and confirmed, and that the State of Nebraska shall be one of the U.S.A., and admitted into the Union upon an equal footing with the original States in all respects whatso ever. The State of Nebraska is declared to be entitled to all the rights, privileges, grants, and immunities, and to be subject to all the conditions and restrictions of an act entitled “An act to enable the people of Nebraska to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, ” approved April 19, 1864.
Mr. BROWN. I desire to offer an amendment to come in at the end of the bill: Prorided. That this netshall not take effect except upon the fundamental condition that within the State there shall be no denial of the elective framcrahcisee, or of any other right on account of color or but all persons shall be equal before the law: and the people of the Territory shall, by a majoritf of gtuhleatvioontesrs thereof, at such places and under such as shall be prescribed by the Governor thereof. declare their assent to this fundamental condition. The Governor shall transmit to the POTUS an authentic statement of such assent whenever the same shall be given, upon the receipt whereof, he shall by proclamation, an nounce the fact, whereupon without any further proceedings on the part of Congress this act shall take effect.
Mr. WADE. I do not propose to go into a lengthy discussion of this subject, but I wish to make the Senate acquainted with some of the facts and circumstances relating to Nebraska and the condition in which it is at the present time. It will not take me long to do so.
Mr. JOHNSON. I suppose the question now before the Senate is on the amendment.
Mr. WADE. The question is on the amendment, to be sure, but I suppose what I have to say will relate as much to the amendment as to the bill.
Mr. JOHNSON. I do not object at all. I only wanted to know whether the Senator wished to discuss the amendment as well as the bill.
Mr. CRESWELL. How long is a reason able time?
Mr. WADE. When their Legislatures have met and taken the question into consideration, or refuse to to: it at all. Certainly we cannot expect them to reject it until they have had an opportunity do so.
Mr. CRESWELL. 4 or 5 have rejected it already.
Mr. WADE. The Bureau of Statistics of the Treasury Dept, who were ordered to make out, as well as they could, the number of inhabitants. I have no doubt that that estimate is much below the mark. They gave a vote of 9,000 136 at the October election. The votes in these remote Territories, so large in extent, are a very uncertain guide as to the number of inhabitants.
Mr. HENDRICKS. Has the Senator the basis of that calculation? How did the Bureau of Statistics arrive at that result, and on what information?
Mr. WADE. They were directed, as I understand, to ascertain the number of inhabitants, as well as they could, in collecting the taxes there. It was not a census strictly.
Mr. HENDRICKS. There was no taken. census
Mr. WADE. No; I do not claim that. This is what we derive from the bureau as being their estimate, from the best guides they had.
Mr. HENDRICKS. As there is no per capita tax, how did the bureau ascertain?
Mr. WADE. I do not profess that it is strictly correct, but it is the best light we can get from those having the best opportunities of ascertaining.
Mr. HENDRICKS. I ask the Senator whether there has been any census taken since 1860?
Mr. HENDRICKS. The poison was then about 27,000.
Mr. WADE. I do not think there has been any census taken since that time.
Mr. HENDRICKS. When we were here during the last session.
Mr. JOHNSON. The honorable Senfrom Ohio will permit me to ask here whether the 9,000 136 votes which he says were given were the whole number of votes cast?
Mr. WADE. Yes, sir; the whole number of votes cast at the October election.
Mr. JOHNSON. Will he tell me now how many were for the constitution, and how many against it?
Mr. WADE. That was not the vote on the constitution. That vote was taken over a year ago, and was less than 8,000 alto gether.
Mr. COWAN. Was there not a vote on the constitution recently?
Mr. HENDRICKS. Just about a year ago at this time.
Mr. COWAN. And it failed once in Nebraska.
Mr. COWAN. On the last vote there was 100 majority for a State.
Mr. WADE. I can state here what I am informed on that subject. I am informed that there are a great many Mexicans in the Territory. scattered about, and they are generally opposed to a State government. They do not want to come into the Union as a State.
Mr. HENDRICKS. You are thinking of Colorado.
Mr. SUMNER. May I remind my friend that by the enabling act the constitution must be republican in form 2
Mr. SUMNER. I should like to ask my friend whether a constitution which makes a discrimination in rights on account of color is republican in form? Is it a republican government?
Mr. WADE. I should not like to say that the State from which I come was not republican in form, in substance, and in every way. I have said, however, that a State lacks republican elements just in so far as she excludes. of her population from the elective franchise. There is, but a very small part of the population of Nebraska excluded. It is a defect in the constitution in my judgment. So it is in my own State, and there I shall labor to eradicate it, and I have no doubt the people of Ohio will do so very soon. I have just as little doubt that Nebraska will do so, too, if you admit her. I am told by her Senators, I am told by her Delegate, I am assured by all the people I see from there, that there is no doubt they are as faithful to this great principle as any of us, and that they will immediately turn their attention to correcting this defect. It is merely a defect in form, for there are but We will talk about Colorado H Mtution of my own State.
Mr. WADE. very few colored persons there, as I understand; I do not know how many, but probably not 50 in the whole Territory. But, whether they be few or many, I agree that they are entitled to their rights; and they will get their rights quicker if you permit the State to come into the Union now than they will if you exclude her. I do not know what the effect will be if you thrust back these patriotic people who have vindicated your rights and mine by their dearest blood; if you scout them from your Halls of Congress, and fasten conditions upon them you have never required of any other Territory. You never apprised them that you would insist upon the condition you now propose to require. It would have been well to give them notice beforehand that it was expected that they should comply with this condition. If you had, they would have done it; but we all of us, until very lately, voted for the admission of Territories without an observation and without a thought of an objection for any such reason as this.
Mr. HEN DRICKS. I think I misled the Senator in regard to the time when the vote on this constitution was taken. I understand that it was in June last. I thought it was about a year ago, but I understand now that it was in June last.
Mr. WADE. Certainly, she asks to be a State, and if you make her a State at all I ask you to make her one upon the same conditions with every other State.
Mr. BROWN. I ask the Senator whether he considers this a State now, and as thereby excluding us from this action? Oh, no. I think, however, that in parity of reason this amendment stands upon the same grounds as if it were applied to an existing State. You ask an unusual thing. You undertake here to correct her constitution in this particular by act of Congress. You say to these people, “If you come in as a State we will fix your elective franchise.” You cannot do it for a State; the moment she is in the Union you agree that she has a right to do it herself. Then, that being the case, what right have you to control her in this particular as a condition on which she shall come in? It is an unusual condition, and it is a test which has never been applied to any State. You gave this Territory no notice in your enabling act that it was necessary for her to comply with such a condition; but now, after she has made her Constitution in good faith and complied with your enabling act, you come in here and say there is another condition that we did not think of at the time, which not having been performed by you we will exclude you and not allow you to come in. I do not believe it is right.
Mr. BROWN. I should like to ask for information of the Senfrom Ohio whether this Constitution is framed under and in pursuanee of that enabling act?
Mr. BROWN. In fact, I mean, is it in pursuance of that act?
Mr. HEN DRICKS. Oh, yes; the basis then was 37,000.
Mr. SHERMAN. Perhaps I am mistaken in that. It has been very much increased since. But why do Senators talk about the basis? There is no law requiring it. You never made such a law; you never proposed such a law; and a majority of the States that have been admitted recently contained no such population, asI shall show. Louisiana had 76,000; Indiana had 63,000; Mississippi had 75,000; Illinois had 34,000, which was less even than the basis in those old times; Missouri had 66,000; Arkansas had 52,000; Florida had 54,000; Iowa had 81,000. This table does not give the population of Kansas, but there was great controversy at the time of the admission of Kansas about her population.
Mr. SHERMAN. I believe Minnesota also was admitted with a large population, and I think Wisconsin had a large population. They wiith.held their application until they were en I think, to 2 Representatives, perhaps ree.
Mr. HENDRICKS. Mr. President, I have a sympathy with the new States and desire to vote for the admission of any State whenever I feel that I ought to do so; and it is with great reluctance that I shall vote upon this bill against the admission of Nebraska at this time. But my embarrassment is somewhat relieved by the consideration that 1/2 of the people of Nebraska, so far as they have expressed an opinion on this subject, have said that they did not want to come in as a State. While there were but 3, 938 voting for the admission, or for the constitution, there were 3, 838 voting against it. My vote is not at all influenced by the amendment proposed by the Senfrom Missouri. If that amendment were adopted, I surely could not vote for it at all, if every other objection were removed. am very much gratified, sir, and I think I may congratulate the country upon the fact, that the Senfrom Ohio, who has by some been charged with illiberality, today upon this question of territorial rights and the rights of States has expressed those old fashioned doctrines which governed the legislation of the country upon such questions for more than 50 years. Very often in the Senate I have heard the doctrines which he has proclaimed today, but in deed they were mostly urged upon this side of the Chamber, that the people of a Territory have the absolute and entire right to control their own affairs.
Mr. FESSENDEN. Will the honorable Senator give way for a moment to allow me to make a motion which it is necessary should be made now?
Mr. HENDRICKS. Certainly. DEFICIENCY BiLL.
Mr. FESSENDEN. I understand that an error has occurred in engrossing the deficiency bill that we passed this morning. It has gone to the House, and it is necessary to get it back again in order to correct the error. A part which should not have been stricken out was stricken out, and the part which should have been stricken out was retained. I therefore offer the following resolution with a view to get it back: Resolved, That the Secretary be directed to request the HoRep to return to the Senato the bill (H.R.No. 876)making appropriations and to supply deficiences in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes, for the purpose of correcting an error in the engrossment of the almendmentsof the Senate to the said bill. The resolution was considered by unanimous consent, and agreed to. HENRY clay wood.
Mr. FESSENDEN. If my friendfrom Indiana will allow me, I should like to make another motion, and that is, that the papers in relation to the claim of Henry Clay Wood for compensation for property lost by the evacuation of Fort Cobb, Texas, under Post Order 57, which was before the ComClaims, be taken from the files and referred to the ComClaims. I will state that I make the motion with a view to offer some additional testimony. It was reported upon adversely and that adverse report was agreed to; but I believe it comes within the rule to refer it again in case additional testimony is offered, and I make that motion.
The PRESIDENT protempore. The order will be entered, if there be no objection.
Mr. FESSENDEN. I now offer the additional testimony in support of the claim, and move that it be referred to the ComClaims with the other papers.
The PRESIDENT protempore. That order will be made, no objection being interposed.
Mr. HOWE. I wish to call the attention of the Senate to the motion just submitted by the Senfrom Maine I was not in my seat at the time which was to take a claim which had bieetn reported upon adversely, and recommit Mr. HENDRICKS. As I do not want to occupy much of the time of the Senate, I would rather not take upony other business.
The PRESIDENT protempore. The Senfrom Indiana is entitled to the floor.
Mr. GRIMES. Let us take up the adjournment resolution.
Mr. HENDRICKS. if it leads to no debate.
Mr. HOWE. I just wish to have this question settled. I call for the reading of the 50th rule. I suppose that would govern the decision of that motion. I have the rule in my hand and will read it myself: I will consent to that, “Whenever a claim is presented to the Senate and referred to a committee, and the committee report that the claim ought not to beallowed, and the report be adopted by the Senate, it shall not be in order to move to take the papersfrom the files for the purpose of referring them at a subsequentsession, unless the setlaaitminagnitnshwahllat prreesspeencttathmeecmomormiailttfeoer hthavaet peurrrepdosien, their report, or that new evidence has been discov ered since the report, and setting forth the new evideuce in the memorial.”
Mr. FESSENDEN. There was no objection made, and I supposed, there being no objection, it passed by the unanimous consent of the Senate. I did not examine the papers. I stated that I wished to present new evidence, which I did, in the same way as it has been done before repeatedly to my knowledge. I submitted the new evidence on the subject. 1 do not know that there is a particular memorial setting forth the new evidence, but the new evidence went with the papers, or I should not have made the motion.
Mr. HOWE. If the Senator knows that the evidence is important, I shall not insist on the form of a memorial; but I do not like, unless there is something important in the new evidence, to have a claim which has been reported upon adversely, again referred to the committee.
Mr. FESSENDEN. As I have said, I have not examined the papers. The new evidence presented is deemed important by the claimant.
Skip Skip MESSAGE Phoyi the HOUSE. A message from the HoRep, by Mr. McPERsox, its Clerk, announced that the House had passed a JtResolution H.R.No. 173) for the relief of Ober, Nanson Co., merchants of NewYork, in which it requested the concurrence of the Senate. DARLEN ship CANAL.
Mr. SPRAGUE. I have been waiting for an opportunity to call up the JtResolution that was displaced this morning, during the process of meeting the views of the Senators from California and Iowa. I believe there are now no objections to its passage, and it is important that it should pass at once. I trust, therefore, that the Senate will permit it to be disposed of now.
Mr. HENDRICKS. Will it lead to dis. cussion?
Mr. SPRAGUE. There will be no discussion upon it. If there is, I will withdraw the request. I hope it will be taken up. It is necessary that it should pass at once. There are no objections to it as I understand.
The PRESIDENT protempore. The senalor from RhdIsland asks that the Senate resume the consideration of the resolution referred to by him. Another subject being before the Senate, the motion of the Senator can only be entertained by the unanimous consent of the Senate. There being no objection, the Senate, as in ComWhole, resumed the consideration of the JtResolution (S.R.No. 149) to extend aid and facilities to citizens of the U.S. engaged in the survey of a route for a ship canal across the Isthmus of Darien. The JtResolution was reported to the senate, orderengross for a 3rd reading, read the 3rd time, and passed. house bill, REFERRED. The JtResolution (H.R.No. 173) for the relief of Ober, Nanson & Co., merchants of NewYork, was read twice by its title, and referred to the ComClaims. ADJOURNMENT FOR THE HOLIDAYs.
Mr. GRIMES. It is very important to some members of the Senate, especially those who reside at a remote distance from the capital, that the concurrent resolution that came from the HoRep providing for an adjournment of Congress over the holidays should be disposed of one way or the other: and I therefore move, to postpone all prior orders and proceed to the consideration of that resolution.
The PRESIDENT protempore. The concurrent resolution to which the Senator refers was read this morning, and objection to its consideration being made, it was laid over under the rule.
The PRESIDENT protempore. The motion of the Senfrom Iowa can only be entertained by unanimous consent, another subject being before the Senate. Is there any objection to the consideration of the resolution named by the Senfrom Iowa? None being made, the resolution is before the Senate.
Mr. FESSENDEN. I understand it is now before the Senate for consideration.
Mr. SHERMAN. What the Senfrom Maine snys is perfectly correct in theory, but we tried it in practice once and it did not work well. I shall remain here during the vacation at any rate, and therefore I shall not be affected by it. I remember that at one session we did keep Congress in session during the holi days, but we transacted no business. Those who remained in the city came down here and then marched back again, and I believe we never took a vote during the whole time. If the Senator will act as a kind of Sergeant at Arms to keep here the Senators who will go away at any rate, then we might transact some of this important business; but I think the experience of Senators and of the Senate is that you cannot do it. If you could devise some way to keep Senators together, then it would be an argument against this usual adjournment.
Mr. FESSENDEN. I wish to say one word in reply to that argument, because I have heard it before, and that is, that I cannot predicate an argument upon the presumption that the majority of this body have no regard for their official duties and will violate them anyhow.
Mr. HENDERSON. The civil rights bill provides for that.
Mr. TRUMBULL. The civil rights bill did not provide for all these cases. This is a different class of cases. There are a great many other bills of the very highest importance, or thought to be so; and while I do not expect, as is said by the Senfrom Ohio, that we shall be able to do very much business between the 24th or 25th of December and the 1st of January, for one week, I think that is no reason for throwing away another week also. I trust that this resolution will not be concurred in by.the Senate. Mr. GRIMES. Mr. President, I have been in the habit for a good many years of listening to just such speeches as we have listened to from the patriotic and industrious Senators who have addressed the Senate, and for some 6 or 7 years I was in the habit of following their advice and constantly voted every year against an adjournment. The result was, that in company with 4 or 5 members of this body, I was required to come up here every 3rd day to adjourn the Senate over for 3 days at a time during the period that the rest of the gentlemen I do not know that any of the Senators who have now addressed the senate in favor of a continuous session were among the number went home to their families. For the last 2 years I have voted for the adjournment, and voted for the long adjournment at the last session, as long as it is proposed to adjourn now, and I found that we were able to transact the business just as well during the session and if just as much for the good of the country after that long adjournment as we had done when we were in the habit of adjourning only for 3 days at a time.
Mr. FESSENDEN. That was the long Hession.
The Secretary read it, as follows: Resolved, (the Senate concurring.) That when the House adjourn on Thursday the 20th instant, they orn to meet on Thursday the 3d day of January In text.
Mr. FESSENDEN. I, of course, shall vote against that amendment, because that is applying the rule which I supposed obtained with reference to the resolution as it stood before. I did not observe the peculiar phraseology of it. As it stands now, I understand it simply adjourns the House and leaves the Senate in session. The objection to that would be that it would be substantially obstructing business about as much if one House was absent and the other in session, as there could be no communication during all that time between the 2 Houses.
Mr. JOHNSON. Except the executive business.
Mr. FESSENDEN. Except the executive business. That we might do. Therefore I should not vote for it in that shape or in any shape in which it can be put shall vote against the amendment and also against the resolution.
Mr. CHANDLER. I am rather opposed to this amendment. There seems to be a greater necessity for the Senate to remain in session than the House. They have a peculiar way of doing business in the other House that is certainly expeditious. They meet at nights, with the understanding that no vote shall be taken, and give every member an opportunity to talk himself out. They do not restrict debate, but they do not compel people who do not wish to listen to speeches, to listen; but in this body we must listen to all the speeches that anybody sees fit to inflict upon us. We have spent the whole of this week in passing a bill which the House passed in half an hour. They put on the previous question, passed the bill promptly, and sent, it back to us the very day that it was sent to them. Now, sir, I think the Senate ought to remain here and do their talking. Let every man who wants to make a speech make his speech with the understanding that all the talking shall be done during the holidays, and that on the 3d of January this body shall meet to do business. The talking having been done, we shall then be ready for voting. I hope the amendment will not prevail, but that this body will remain, and let every man who wants to talk" talk to his heart's content, and on the 3rd of January the other House will appear ready to transact business, and we, having done our talking, will be ready to transact business, and then we can go on and do the business of the country satisfactorily. I hope the amendment will not prevail, but that the Senate will remain in session and every member will have an opportunity to discuss everything. We have no rules to limit debate, and it is very important that these speeches should be made, and I hope we shall remain in session for that purpose.
The PRESIDENT protempore. The question is on the amendment to the resolution, offered by the Senfrom California.
The PRESIDENT protempore. The question now is on the resolution as amended, upon which the yeas&nays have been ordered. The question being taken by yeas&nays, resulted yeas 27, nays 16; So the resolution, as amended, was adopted. ADJOURNMENT TO MONDAY.
Mr. BROWN. I move that when the Senate adjourn today it be to meet on Monday next.
The PRESIDENT protempore. The motion can only be received by unanimous consent, another subject being properly before the Senate, on which the Senfrom Indiana is entitled to the floor.
Mr. HENDRICKS. I give way to that motion.
The PRESIDENT protempore. The Chair hears no objection to the reception of the motion of the Senfrom Missouri. The motion was agreed to. ADMISSION OF NEBRASkA.
Mr. DOOLITTLE. I desire now to submit, for the purpose of having it printed, an amend Inent. I shall propose at the proper time to the bill for the oof Nebraska. The amendment was received informally, and ordered to be printed.
Mr. WILSON. "I move that the Senato proceed to the consideration of executive usiness.
The PRESIDENT protempore. The Senfrom Indiana is entitled to the floor on the Nebraska bill. Does he yield to the Senfrom Massachusetts?
Mr. HENDRICKS. I do not object to that. I yield to the Senfrom Massachusetts.
Mr. WILSON. I now move that the Senate proceed to the consideration of executive business.
The PRESIDENT protempore. The question is on the motion of the Senfrom massachusetts. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, December 14, 1866. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. Boy Nto N. The Journal of yesterday was read and approved. GOVERNMENTAL LINE OF TELEGRAPH.
Mr. KASSON, by unanimous consent, introduced a bill to authorize the purchase or construction of a military and postal line of tele raph under the direction of the postoffice Dept; which was read a 1st and 2nd time, referred to the comPostOffice, and ordered to be LOYAL GOVERNMENT IN LOUISIANA.
Mr. SHELLABARGER. Mr. Speaker, I have the honor to present to the House a me morial addressed to the 2 Houses of congress, signed by Hon. J. M. Wells, Governor of Louisiana; Hon. W. B. Hyman, Chief Jus tice; Hon. R. K. Howell, Associate Justice; Hon. J. K. Belden, late Associate Justice; Hon. J. W. Handlin, Judge; Hon. H. C. Warmoth, Judge; Hon. Jacob Hawkins, late District Judge, and about 1,000 others, electors of Louisiana, praying that Congress may take immediate action for the organization of a new and loyal State government in Louisiana, and for the protection of the loyal people of the State. I move that the memorial be printed, and referred to the select committee upon the NewOrleans riots.
Mr. BINGHAM. Should not this memorial be referred to the JtComReconstruction?
The SPEAKER. The Chair understands that this document does not relate to representation in Congress. The memorial was referred to the select committee on the NewOrleans riots, and ordered to be printed. CHARLEs k. DeA N. On motion of Mr. COBB, leave was granted to Charles K. Dean to withdraw his papers from the files of the House. GOVERNMENT TELEGRAPH.
Mr. WASHBURNE, of Illinois. Mr. Speak er, I have a subject which I should like to have permission to introduce and have referred to the comPostOffice, and as it is a matter of some interest I should like to have it read. It is somewhat of an experiment, but one which I think will benefit the country. It is a bill for the construction of a Government telegraph from Washington to NewYork city. The bill was read. The 1st section authorizes and directs the PostMGenl to construct a telegraph line from the city of Washington to the city of NewYork, which line is declared to be a mail route, subject to all existing laws in relation to mail routes in the U.S., so far as the same may be applicable; and it provides further that the PostMGenl shall have power and authority to establish the necessary offices for the use of said line, and shall have authority and power to procure all necessary rooms for offices, and to procure a sufficient number of agents and operators to operate said line of telegraph. Section 2 provides that no message shall be sent over the said line unicos it shall be stamped with a 3 cent postage stamp, and there shall be a uniform rate for the transmission of messages, without regard to distance, of 1/2 a cent for each word, except for the odd word of any message there shall be no charge; but no message shall be sent for a less sum than ten cents; and there shall be charged 2 cents for the delivery of each and every message, provided that the Government shall be entitled to send and receive all its messages over said line free of charge, and shall have priority in sending all messages. Section 3 appropriates the sum of $50,000 for the purpose of carrying out the provisions of this act. There was no objection; and the bill was received, read a 1st and 2nd time, referred to the comPostOffice, and ordered to be printed. WASHINGTON AND GEORGETOWN CANAL.
Mr. WELKER, by unanimous consent, introduced a bill to incorporate the Washington and Georgetown Canal Company; which was read a 1st and 2nd time, and referred to the ComDistCol. RECONSTRUCTION.
Mr. JULIAN, by unanimous consent, introduced a bill providing civil governments for districts lately in revolt against the U.S., and for the restoration of said districts to their forfeited rights as States of the Union; which was read a 1st and 2nd time, referred to the ComTerritor, and ordered to be printed. PENSIONS.
Mr. TAYLOR, of NewYork, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:. Resolved, That the ComInvalidPens be instructed to inquire into the expediency of reporting a bill, fixing the time when pensions to widows and orphan, children of personsin the mili;and naval service reported as missing in action raenbdelnliootnsusbhsaellqcuoemntmlyeanccceo.unted for during the late ARMY.
Mr. HAWKINS, by unanimous consent, introduced a bill to amend an act entitled “An act to increase and fix the military peace establishment of the U.S., ” approved July 28, 1866; which was read a 1st and 2nd time, referred to the ComMilAffrs, and ordered to be printed. private bill.S.
Mr. DELANO called for the regular order of business, which
The SPEAKer stated to be the call of committees for reports of private bills. MISS SUE MUttpii EY.
Mr. DELANO, from the ComClaims, reported back Senate bill No. 413, for the relief of Miss Sue Murphey, of Decatur, Alabama, and moved that it be indefinitely postponed; which motion was agreed to. OBER, NANSON AND COMPANY.
Mr. WASHBURNE, of Illinois. I should like to have my friend make some explanation in regard to the matter. I think it comes within the principle uniformly objected to.
Mr. DELANO. Ober, Nanson & Co. are merchants under that firm name in NewYork, and under the firm of Ober, Atwater & Co. in NewOrleans. In October, 1865, the NewYork firm transmitted by mail to the NewOrleans firm $60,000 in 7 30 notes. A list of them was made by numbers and marks, and they were placed in the postoffice. A receipt was given for them and they were put on board of a vessel carrying the mail between NewYork and NewOrleans. That vessel was lost at sea. The mail was lost and no part of it has ever been recovered. Proof of all these facts is clear and irrefragible. There is no doubt about it. The committee have been very careful in examining the matter.
Mr. DELAN.O. No, sir; there was a mistake made as to the name of the vessel which carried the mail, and so the insurance failed. These notes, as I have said, all mature in the year 1868. The resolution that we have offered for the relief of these parties is simply an expression of the legislative dept of the Government of the right of the SecyTreasury, not, I want it understood, to duplicate this evidence of indebtedness, but to pay for these lost notes 6 months after their maturity and not before, and then only upon taking such security as the SecyTreasury may deem necessary, if any. The SecyTreasury and the Comp troller are both of opinion that they have now by law authority to pay the indebtedness of the Government, and to pay these notes after maturity, provided they can be proven, as they have been here, to be lost. But the reason for this bill is this: this house is not one of very large means, and stripping, it of this amount of its capital is a great embarrassment to it. Relying upon the naked authority of the officers of the Government to pay them when the notes become due, the house is unable to raise any means upon the credit of these papers. Now, all that is proposed by this JtResolution is simply that these notes may be paid 6 months after their maturity. It is supposed that this distinct authority will furnish some relief to these sufferers in the way of obtaining credit adinterim. I have thus stated frankly and fully to the House the facts in the case and the reason for the introduction of this JtResolution. I will move to amend it by striking out the word “may” in line 11 and inserting “shall, ” so that it will read, “that the SecyTreasury shall require of said Ober, Nanson & Co., their assigns or legal representatives, to oute and deliver such bond of indemnity, ” IC.
Mr. SPALDING. Mr. Speaker, I have very much respect for the opinion of the Gentfrom Illinois upon this subject and all kindred subjects, but I would like to suggest to him, for his consideration, that we are making a different rule as between the Government and individuals than that which obtains between individuals themselves. It is the rule of law in all the States that when the possessor of a note can prove the loss of a note he can recover the amount of it.
Mr. WASHBURNE, of Illinois. Is that so to bank notes, that banks pay for such losses? ever.
Mr. SPALDING. I am inclined to think that a bank would be compelled to pay for the loss, if the loss of the bank notes could be proved satisfactorily. I have no doubt upon that subject as a lawyer. If these notes have been actually lost, the Government loses nothing by paying this amount to these unfortunate persons who have sustained this loss. I would go with my friendfrom Illinois in demanding the greatest amount of testimony to assure us that the loss has been bona fide incurred. So far I would go, but not further.
Mr. WASHBURNE, of Illinois. Would it not be well to let the case go to the Court of Claims?
Mr. HOGAN. Mr. Speaker, this is rather a peculiar case. I know very well the gentlemen who have sustained this loss. And in reference to this case, I am informed that these are the facts: these gentlemen proposed to send by mail this large amount of money, and took the precaution to go to the postoffice in NewYork city for the purpose of ascertaining the vessel by which the Government proposed to send that day the mail to NewOrleans. These parties then deposited the package containing this money in the postoffice, taking the receipt of the postmaster therefor, and then obtained an insurance upon it by the vessel named to them. Had the Government sent the mail by that vessel then these parties would have had recourse upon the insurance company. But after giving this information to the parties owning this money, the Government postoffice authorities in NewYork sent the mail by another vessel. These parties had no information of the change; they had no idea that there was to be such a change. After they had paid the insurance upon the vessel by which they were informed the mail was to be sent the authorities sent it by another vessel, and that vessel was lost. Now these men have no recourse upon anybody, chiefly through the wrong informationinyarts to them by the postoffice authorities in NewYork. Their only recourse is to come here to congress for relief. The vessel by which this money was sent is lost, and lost with every thing on board of it. The mail sent on board of that vessel is lost, being sent by that vessel without notification to these parties, after they had been informed that the mail in which they had placed this money would be sent by another vessel. Now, I know these gentlemen very well; they are high minded, honorable merchants.
Mr. WASHBURNE, of Illinois, (in his seat.) That has nothing to do with the principle involved in this case.
Mr. HOGAN. These parties would not present an erroneous or unfounded claim here. They did everything in their power to ascertain the vessel by j, the mail would be sent, and obtained an insurance upon the money in that vessel. As the money was sent by another vessel the insurers were entirely relieved from responsibility in consequence of the change. hope, as this question has undergone a very thorough examination by the ComClaims, that this House will sustain the recommendation of that committee.
Mr. SLOAN. Will the Gentfrom Ohio [Mr. DELANo] yield to me for a few moments?
Mr. SLOAN. While I agree that the House should exercise great care in passing bills of this character, yet I believe some definite rule ought to be established upon which the House will act. Now, obligations issued by the goverhment are not the debt itself, but, like the obligations of private individuals, only the evidence of indebtedness. The destruction of the evidences of the indebtedness does not obliterate the debt itself. And it is a well known principle of law that if the obligation of a private individual is lost an action can be commenced upon the indebtedness as though the obligation had not been lost; and upon sufficient proof of its loss, and indemnity and security given, the person who held the evidence of indebtedness can recover the debt. It seems to me that the same rule ought to be applied in respect to the loss of obligations or evidences of indebtedness on the part of the Government.
Mr. PRICE. I would like to ask the gentlemen from Wisconsin [Mr. Sloan] a question.
Mr. PRICE. The question I desire to ask is this: will the courts give judgment for a claim for a negotiable paper not yet, due? That is one question. Another is: will this Government pay for a 20 or 50 dollar greenback if there is one 8th or one quarter of it torn off?
Mr. SLOAN. The court will not give judgment until the obligation is due. Nor d. We propose to pay these obligations before they shall have become due. This bill simply provides for the reissue of the obligation and for its payment after it shall have become due. In this case the parties who allege that these notes were lost come before the ComClaims and present such evidence as would establish in any court of justice the loss of the notes. After they have done this they are entitled to be paid when the notes become due, provided they will comply with the condition corresponding with that upon which in every State, so far as I know, the courts compel the yment of lost obligations; in other words, y giving security that if the obligations should be presented for payment the Government shall not be the loser by paying them. Now, conceding that the proof before the ComClaims is such as would establish before any court of justice the loss of these obligations, these claimants, on giving the proper security, are entitled, in my judgment, upon well settled principles of law administered in the courts of every State, to have this relief; not to have payment before the obligations are due, as the Gentfrom Iowa suggests, but to have payment after the obligations are due. This bill provides that 6 months shall clapse before payment is made, and that the SecyTreasury shall take ample security before he makes any payment whatever. Under a bill thus guarded it seems to me the national Treasury is in no danger of suffering detriment, and that the parties should be indemnified for the loss of these evidences of debt.
Mr. DELANO (having obtained the floor) said: I yield to the Gentfrom Wisconsin, [Mr. Cohn].
Mr. COBB. Mr. Speaker, I have not risen to make a speech on i. question, but only to call the attention of my respected colleague [Mr. Sloax] and other members of the House to a precedent which was set in o the 30 Congress on a bill somewhat similar to this. It was a claim presented to the House by the distinguished Gentfrom the 4th district of Maryland [Mr. FTHOMAShomas] for the relief of a widow, the mother of a soldier of the Union army, who with his earnings had purchased one of the smaller bonds issued by the Government, which bond was destroyed through an accident, a pure accident, happening at the time of the invasion of Maryland by the rebels. That bill was for the purpose of indemnifying that needy lady by the issue of a new bond. There was no earthly doubt on the mind of a single member of this House that the bond had been destroyed by an accident, without any fault or laches on the part of this poor widow; nevertheless, that House, composed in great part of the members now present, decided by a very large majority against allowing the relief asked; and if my recollection is not entirely at fault my colleague, [Mr. SLOAN, who has just addressed the House, voted with me and with the majority against the allowance of that claim. We voted against and defeated that claim not because we did not believe it just that that poor widow should be paid, but because we considered that the passage of such a bill would set a dangerous precedent, of which crafty men, the getters up of false and fraudulent claims against the Government, of which, in short, the “lobby” would not be slow to take advantage, to the serious loss and detriment of the tax payers of the country. I think, sir, that no member who at that time voted against the claim of that poor widow can vote for this claim to pay gentlemen whom I suppose to be bankers, large moneyed men. Certainly not without self stultification can I po vote for the of any such claim.
Mr. HILL, I ask the Gentfrom Ohio [Mr. DELANo] to yield to me for a few moments.
Mr. HILL. Mr. Speaker, I desire to know what objection can possibly exist to referring this, which seems to be a very important question, to the Court of Claims. If that motion will be in order I will move that the bill be so referred. It seems to me that of all claims that can come before this body this is pecu liarly one of that class which should be i. invest judicially. So far as I can learn from the discussion here and there seems to be no reportothe bill this package may or may not have contained money according to the correctness of the statements of the parties who are the claimants before this House. So far as appears, it is their own assertion that they put in. postoffice a package which they say contained a certain amount of money or a certain number of bonds. I desire to know from the Gentfrom Ohio whether I am correct in that statement.
Mr. DELANO. No, sir; the gentleman is not correct.
Mr. HILL. I shall be glad to be set right if I am in error.
Mr. DELANO. I will detain the House a few moments in order that I may at least enable members to understand this question properly. I appreciate the cautious regard to the interests P. Treasury which brings gentlemen to their feet in opposition to this bill. I am glad to observe this determination to prevent the Government from being improperly and unfairly dealt with in reference to this subject, for it is an important one. "irst, then, in reference to referring this claim to the Court of Claims: the JtResolution does not propose any payment until these notes mature and until 6 months after they mature. The SecyTreasury has the authority by general law to pay the debts of the Government, and where those evidences of indebtedness are lost and destroyed, and the proof is satisfactory and the debt is matured, he can pay it without any legislation. Referring this to the Court of Claims would be doing entirely a nugatory act. The Court of Claims can do nothing on the subject to relieve anybody. Now, the simple question is whether it is advisable for this House to pass this specific authority to the SecyTreasury to pay these notes 6 months after they are due, and whether there are reasons in the case sufficient to justify the specific authority. But before I come to that question I desire to ask the reading of the evidence in the case.
Mr. DELANO. I want the House to understand, whatever disposition they may make of this case, these were compound interest notes; that they mature in 1868, and that we do not propose to othem, for I have refused, and so has the committee, to duplicate any of that class of our securities. But we propose to give specific authority to the SecyTreasury to pay, these notes 6 months after their maturity, if no future evidence is shown that they exist, upon the ground that they have been lost or destroyed., The SecyTreasury might pay them, as I have said before, after they mature on sufficient proof of loss or destruction without this authority. And that brings me to the point made in a private inquiry by the Gentfrom Illinois; which I propose to answer to the House.
Mr. PRICE. That was the question I was about to ask, whether there is a regulation of the Treasury by which these notes would be paid in a certain time after maturity.
Mr. PRICE. such things have been done without legislation on the subject.
Mr. DELAN.O. Now, let me say on the very threshold of this case, I presented it to the SecyTreasury, that he expressed the strongest desire for the relief of these men, but was unwilling to set the fearful example of duplicating these notes. He said he preferred the course I have taken, this spe cific authority to allow him to pay it, not because of this necessity, but for the reasons I will state hereafter.
Mr. WILSON, of Pennsylvania. the notes shall be found hereafter.
Mr. DELANO. It provides 6 months shall expire before they are paid; and the SecyTreasury may require of Ober, Nanson & Co., their assigns or legal representatives, to execute and deliver such bond of indemnity, with adequate sureties, as he may deem necessary before such payment is made.
Mr. SCOFIELD. I wish to inquire of the gentleman who has the JtResolution in charge, what necessity there is for the passage of this measure at this time? These notes do not fall due till September, 1868, and this JtResolution provides they shall not be paid till 6 months after that, which will make it 2 years and 3 months from this time. If the owners of this claim are not fearful these notes may turn up, or some evidence which will prevent the passage of this JtResolution in the future, what is the necessity of pressing it now? Certainly the reason intimated by the Gentfrom Ohio, that these parties want this in order to negotiate or borrow money is not sufficient, if they are men of the character set forth by the Gentfrom Missouri, [Mr. HogAN]
Mr. DELANO. I think I brought the minds of those gentlemen who have given me their attention to the legitimate question. We avoid the objection of the Gentfrom Illinois, [Mr. WASHIBURNE,) that this makes the government responsible for notes sent by mail, and bring ourselves down to this very question, that the Government may pay its indebtedness for notes that are lost and destroyed. It is asked: why shall this specific authority be given in this case? I want the House thoroughly to understand this matter.
Mr. HUBBARD, of Connecticut. Will the gentleman yield?
Mr. HUBBARD, of Connecticut. I would like to know whether the affidavits that we have heard read may be considered as having been made in court or before the committee under such circumstances that the parties would be liable to be prosecuted for perjury in case it should turn out that their testimony was cofruptly false?
Mr. DELANO. These affidavits have all been taken before persons authorized to administer oaths in the city of NewYork. The claim was brought and represented to me by Hiram Barney, of NewYork, a gentleman whom I have known for a long time and on whose character I felt that I had some right to rely. I went with him to the SecyTreasury, and under the advice and at the desire of the latter I introduced this JtResolution. But that is of no consequence except to let the House understand why I act.
Mr. Barney represented this firm, and the facts in the case convince me that it is true, as being highly honorable, but not very strong. Here is $60,000 taken out of their business, and it is to them a very serious embarrassment, as every business man can understand.
Mr. PAINE. Will the gentleman allow me to ask whether
Mr. Barney in this transaction was the attorney of the parties?
Mr. DELANO. That I do not know. I do not know whether he was acting with a fee or without it; but I know so much of Hiram Barney that it would make no difference to him whether he was or not. The loss to the business of these men is a serious embarrassment. They wanted duplicates of these notes and they were willing to agree to take notes payable ten years hence with interest if dupli Suppose cates could be given. But we were unwilling to duplicate them. This resolution does not increase the legal liability of the Government to pay these notes, provided the destruction is clearly proven. We propose by this resolution that the Government shall pay them 6 months after maturity, taking proper security, so that when this becomes a law these men will have in the money market the evidence upon which loans can be obtained. I have thus endeavored to state the case clearly and fairly to the House. It has been only after very full investigation, and with the advice of the SecyTreasury, that I have brought it before the House. It is a relief against a great casualty, which we can afford to give without setting any precedent that will be dangerous hereafter.
Mr. SCOFIELD. Before the gentleman sits down I wish to suggest that this is not a present claim against the Government. The parties expect about 2 years hence to have a claim, but until the 2 years expire there is no claim accruing.
Mr. DELANO. Each gentleman can state the question to suit himself. The fact is the notes have been lost, the proof is clear, the money has been taken out of the business of the firm, and the Government will not issue duplicates. These men are therefore deprived of the evidence of the indebtedness of the government to this large amount, and if we pass this bill we shall say to them in the form of an enactment that 6 months after the maturity of these notes, if they give the proper security, the amount shall be paid. Now, Mr. Speaker, I think the House must understand this question, and if no one desires to discuss it any further I will move the previous question.
Mr. WASHBURNE, of Illinois. I desire to say one word, with the permission of the Gentfrom Ohio.
Mr. DELAN.O. Very well; I will yield for that purpose.
Mr. WASHBURNE, of Illinois. What I wish to say is in regard to the testimony in this case, for I think it is a matter to be closely watched as to the sufficiency of the testimony. I will state that the testimony in this case does not begin to be half as strong as the testimony in the case to which I referred some time since, where the bonds subsequently came to light. There is only a certificate here.
Mr. deLANO. The affidavits are sworn to.
Mr. WASHBURNE, of Illinois. It states that Mr. Cole, a notary public, certifies so and so. I do not see anywhere that Mr. Cole has made any oath whatever as to these matters. According to the face of the report, which the gentleman has made the only evidence whatever upon which this claim is based, is the ec parte affidavit of the parties in interest, and that is the affidavit of the petitioner, sworn to before
Mr. Stillman, that he drew the money, and so forth. That is the only evidence that appears here in regard to this money. The certificate of the registered letter which is set out here is merely the ordinary and formal certificate which is made by every postmaster where a letter is registered. There is no evidence here of any disinterested parties that they saw these compound interest notes in the letter. I submit to my friendfrom Ohio if upon a reexamination of the question he really thinks the evidence set out here is sufficient for us to act upon. It seems to me extraordinary that any business man should deposit the sum of $60,000 in compound interest notes in a registered letter to NewOrleans, when there are express companies everywhere. That seems to me rather strange on the whole. I do not doubt that these gentlemen are very honorable and trustworthy men, but that does not alter the principle. We must act on the testimony. The testimony must go upon the record, so that if we establish this precedent it may be seen upon what we acted.
Mr. HILL. I have prepared a JtResolution for the purpose of referring this case to the Court of Claims. The report of the committee has been read, and it appears from that, as the Gentfrom Illinois has stated, that there is the exparte affidavit of the claimant himself, and that that is the only affidavit before the House. Now, as has been already stated, there are 2 years yet before any claim for the payment of these notes can be made, and I think that in the mean time the Court of Claims can in vestigate the matter. There are certainly some very peculiar circumstances attending this case. It is remarkable that with so many express companies in the country, good business men should deposit $60,000 in a registered letter. Owing to these peculiarities in the case I wish to submit a JtResolution referring the claim to the Court of Claims.
The SPEAKER. Does the Gentfrom Ohio yield for that purpose?
Mr. DELANO. I can see no good that is to be accomplished by referring the case to the Court of Claims. I would rather that the bill should be defeated than referred to the Court of Claims.
Mr. SLOAN. Will the gentleman allow me to make an explanation?
Mr. SLOAN. My colleague [Mr. Cobij has referred to a vote that I gave in the 30 8th Congress as an inconsistency if I vote now for this bill. I desire simply to say that my colleague is mistaken and that I did not vote for the bill to which he refers.
Mr. deLANO. I will not detain the House any longer, even to reply to my friendfrom Iiline is. I say to the House again that the evidence is as clear in this case as human tes. timony can make it that these notes were put into a package, which was put into the postoffice and into the U.S. mail, and that the vessel containing that mail went down at sea within 150 miles of the Coast.
Mr. HARDING, of Illinois. I desire to ask the Gentfrom Ohio, [Mr. DELANo,] if the witnesses who made proof of the facts here set forth were subjected to a personal examination by the ComClaims:
Mr. DELANO. They were not. The character of the men who brought this claim, the character which they bear at the Treasury dept, where they had been before, did not seem to us to require it.
Mr. HARDING, of Illinois. Does the gentleman know of the existence of the notary and other persons named in these papers except from the papers themselves?
Mr. DELANO. And from public rumor; that is all.
Mr. DEMING. Will the Gentfrom Ohio [Mr. DELANol allow me to inquire when this claim originated?
Mr. DELANO. In the fall of 1865. These notes were mailed on the 18th of October, 1865.
Mr. DEMING. During the disturbed relations of the mail service at NewOrleans, when the Union army 1st went there
Mr. INGERSOLL. Mr. Speaker, I would inquire if the morning hour has expired.
Mr. SPEAKER. The mornhg hour has just expired.
Mr. INGERSOLL. Then I move to proceed to business upon The SPEAKer's table.
The SPEAKER. At the expiration of the morning hour, any member can move to proceed to business upon The SPEAKer's table, even though another member may be upon the floor addressing the House. The Chair will have the rule read by the Clerk.
The Clerk read as follows: “It is an invariable practice, too, to permit a bero memthe expiration of the morning hour to take the floor, even though another may be occupying it, to make the motion to proceed to Speaker's business on the table.”
Mr. DELANO. I hope the Gentfrom Illinois [Mr. INGER soil] will permit me to call the previous question upon the passage of this JtResolution and have it disposed of now. Mir,ing LIts)i. L. If it shall not inieriere at all with my right to make the motion I have indicated I will yield to the Gentfrom Ohio, [Mr. DEIANo]
The SPEAKER. The gentleman can reserve his right to make the motion after the pending subject shall have been disposed of.
Mr. DELANO. I should be glad, with the consent of the House, to permit the Gentfrom Connecticut [Mr. DEMING] to make some remarks on this bill before I call the previous question. If that is objected to I will call the previous question at once.
The SPEAKER. Gentfrom Ohio [Mr. DELANo) will be entitled to the floor to close the debate after the main question has been ordered. The gentleman can then yield a portion of his time to any member.
Mr. INGERSOLL. I am willing to yield to have the previous question called; but I must object to any further debate.
Mr. DEMING. I did desire to make some remarks, but I will waive them.
Mr. DELANO. I now call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was read a 3rd time. The question was upon the passage of the JtResolution.
Mr. DELANO. I call the previous question upon the passage of the JtResolution.
Skip Skip The previous question was 2nded and the main question ordered. Mr. WASHBURNE, of Illinois. I ask for theyeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 76, nays 67, not voting 48; Mr. DELANO mtRtv the JtResolution was passed; and also moved that the motion to reconsideric laid upon the table. agreed to. SPEAKER's TABLE.
Mr. INGERSOLL. I now renew my motion to proceed to the consideration of business on theSpeaker's table. The motion was agreed to. DEFICIENCY APPROPRIATION BILL. The 1st business on The SPEAKer's table was Senateamendments to the bill (H.R.No. 876) making appropriations and to supply deficienties in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes. rence, The 1st amendment was read, as follows: On page? strike out lines 15 and 16, as follows:. For facilitating communication betweenthe Atlan tic and Pacific States by electrical telegraph, $40,000. The amendment was concurred in. The next and last amendment of the Senate was read as follows: On page? strike out lines 18 to 22, inclusive, as follows: For salaries of inspectors, appoitnetnedsuupnedrveirsinthgeaancdtfioftfy Anuingeusltoc3a0l. 1862, for the better protection of the lives of passengers by steamboat, with traveling and other expenses incurred by them, $7,000.
Mr. STEVENS. I will only state in reference to this amendment, that on looking over the bill there appears to be some doubt whether we have not twice included this item. Therefore the ComAppropriat have concluded to acquiesce in this amendment.
Skip Skip The amendment was concurred in. Mr. STEVENS mtRtv the amendments were concurred in; haid upon the table. agreed to. TAX ON CLGARS.
The SPEAKER. The next business on The SPEAKer's table is a JtResolution introduced by the Gentfrom Pennsylvania, [Mr. Ste vens,) and lying upon The SPEAKer's table at the close of last session. It is entitled a JtResolution (H.R.No. 189) declaring the meaning of a certain provision of the internalrevenue act relating to cigars. The JtResolution, which was read, provides that such part of the internalrevenue act as refers to the tax or duty on cigars shall be so construed that the advalorem duty of 20% shall be levied only on the excess of value above 12 dollars per 1,000.
Mr. STEVENS. Mr. Speaker, perhaps I ought to say a single word on this subject. When we passed the internalrevenue act in this House the tax on cigars was fixed, I believe, at 4 dollars per 1,000 upon all cigars below 12 dollars per 1,000, and on those of higher value the rate was to be, in addition to 4 dollars, 20%. upon the excess over 12 dollars. That bill, after consideration in the Senate, went to a committee of conference; and when before the House, on the report of that committee, I asked the gentleman who made the report whether the provision in reference to cigars had been changed. He told me explicitly that it had not been. The bill was not read at all at that time, and hence there was no opportunity to discover the mistake. It turns out now that by the phraseology of the act as passed, the aid." on cigars val ued at over 12 dollars per 1,000 is fixed at 20%. upon the whole value, instead of 20%. upon the excess over 12 dollars on cigars valued at 13 or 14 dollars per 1,000 the tax is so large that it is better for the manufacturer to sell them at 12 dollars. The object of this bill is to correct the mistake, as it undoubtedly was, and fix the tax at 20%. on the excess over 12 dollars per 1,000, as originally intended.
Mr. MORRILL. Does the Gentfrom Pennsylvania propose that this bill shall be acted on now?
Mr. MORRILL. I suggest to the gentleman the W. of referring it to the ComWays&Means. That committee expect at a very early day to report a bill in which this subject will be appropriately embraced. A matter of this kind affecting the revenue of the Government should not be hastily acted upon, but should receive examination at the hands of a suitable committee. I move that the bill be referred to the Committee of W?s and Means, and on that motion I call the previous question.
Mr. SCHENCK. I ask the Gentfrom Vermont [Mr. MoRkiLL] to yield to me for a few moulents.
Mr. ALLISON. I ask the gentleman to yield to me. I will renew the demand for the previous question.
Mr. ALLISON. The House will remember at the last session we had great difficulty on this cigar question. The Senate was opposed to any advalorem duty whatever, and in the committee of conference they insisted we should put an absolute duty and not an advalorem duty. Finally, as a matter of compromise, in the committee of conference it was agreed on the cheap cigar there should be a tax of 2 dollars, and upon cigars valued over 8 dollars there should be a tax of 4 dollars, and upon cigars above 12 dollars 1,000, those not known as cheap cigars, there should be a tax of 4 dollars, and an advalorem tax of 20%. on the whole value. I am at a loss to see what interest is injured. These cigar manufacturers who produce more valu able cigars are compelled to pay a higher tax than they would if they only paid a tax !, upon the excess over 12 dollars per 1,000. If there is anyone to be injured it is the Government, because it is a scheme to reduce the tax on manufactured cigars in this country. I do not think we are prepared now to reduce taxation on these cigars. I think the House ought to refer this subject to the ComWays&Means so we may consider it carefully. If the principle contended for by the Gentfrom Ohio and the Gentfrom Pennsylvania be correct we should increase the tax and make it 40%, above 12 dollars instead of 20%. This is upon high price cigars actually no tax at all. I hope the whole question will be referred to the committee so that we may investigate it fully. I demand the previous question.
Skip Skip The previous question was 2nded and the main question jand under the operation thereof the JtResolution was referred to the ComWays&Means. SAFETY OF STEAMBOAT TRAVEL. The next business upon
The SPEAKer's table was Senate JtResolution No. 147, amending the 9th section of the act to amend an act entitled “An act to provide for the better security of the lives of passengers on board of vessels propelled in whole or in part by steam, and for other o, approved August 30, 1852; which, on motion of Mr. INGERsoli, was referred to the ComCommerce. SUFFRAGE IN THE DISTCOL. The next business on
The SPEAKer's table was Senate bill No. 1, to regulate the elective franchise in the DistCol; which was read a 1st and 2nd time.
Mr. INGERSOLL. I demand the previous question on the bill.
Mr. HALE. Will the gentleman yield for the purpose of moving to amend the bill by adopting an educational test? I would like to take the sense of the House upon it.
Mr. INGERSOLL. I move the previous question on the passage of the bill.
Skip Skip The previous question was 2nded and the main question ordered. Mr. NIBLACK and Mr. FINCK demanded the &nays. The yeas&nays were ordered. The question being taken on the passage of the bill, it was decided in the affirmative–yeas 118, nays 46, not voting 28; So the bill was passed. During the roll call, Mr. BINGHAM said: My colleague, Mr. PLANTs, is detained at his house by illness. Mr. O'NEILL. I wish to make an. Several members are absent attending to duties on special committees. Will they be entitled to record their votes when they return? The SPEAKER. They will not except by suspension of the rules, which can only be done on Monday. Mr. O’NEILL, I will then state that my colleague, Mr. MYERs, is absent on the special committee on revenue frauds, and that if he were present he would vote “ay.” Mr. GRINNELL. My colleague, Mr. HUB BARD, is If detained from the House by illness. he wore here he would vote for the bill. Mr. KASSON. The Gentfrom NewYork, Mr. DARLING, is absent on a committee of investigation. Mr. FERRY. My colleague, Mr. BEAMAN, is absent on a special committee. If present he would vote “ay.” CoMokr.,ingERSOLL. My colleague, Mr is not present. If he were here he would vote in the affirmative. The result of the vote having been an nounced as above recorded, Mr. INGERSOLL mtRtv the bill was passed; upon the table. agreed to. TAX ON CIGAIRS. Mr. ALLISON. I rise to a privileged question. I move to reconsider the vote by which the bill in relation to the oy on cigars was referred to the ComWays&Means, and to lay the motion to reconsider upon the table. agreed to.
Mr. WASHBURNE, of Illinois. My colleague from the Chicago district [Mr. WENT worth] desires to make a speech today, and with a view of giving him an opportunity of doing so, I will move to go into ComWhole on the state of the Union on the President's message. Before, however, that motion is put I do not like to make the motion myself, because I am opposed to adjournments I will yield to some gentleman to make a motion to adjourn over. ADJOURNMENT OVElt.
Mr. WILSON, of Iowa. I move that when the House adjourns, it adjourn to meet on Monday next. The motion was agreed to. LEAVE OF ABSENCE. Mr. CONKLING. I move that leave of absence be granted to my colleague, Mr. MoR RIs, for this week. The motion was agreed to. PRESIDENT's MESSAGE.
Mr. WASHBURNE, of Illinois. I now insist on my motion that the rules be suspended and the House resolve itself into ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended; and the House resolved itself into the ComWhole on the state of the Union, (Mr. WASHBURNE, of Illinois, in the chair,) and resumed the consideration of the President's annual message; upon which Mr. WENTwoRTH was entitled to the floor.
Mr. STEVENS, (in his seat.) That is so. [Laughter]
Mr. KELLEY. I would suggest that there may be some other gentleman here who is ready to go on at this time. He might address the committee now with the understanding that when we again go into the ComWhole the Gentfrom Kentucky. [Mr. His E] shall be entitled to the floor. I do not desire to show any discourtesy to that gentleman.
Mr. HISE. Rather than that course should be pursued, I will proceed now, although I o prefer to make my remarks some other time. But an old man like myself gets exhausted after these lengthy sessions, especially toward the dinner hour.
Mr. RAND.ALL, of Pennsylvania. I have a suggestion to make which will probably remove the difficulty. If the ". from Kentucky [Mr. His E] will yield to some other gentleman who may be ready to address the committee this afternoon, at the close of that gentleman's remarks he can again obtain the oor, and address the committee when the House shall next resolve itself into the ComWhole.
Mr. KELLEY. My suggestion was the same as that made by my colleague, [Mr. RANDALL] I did not intend or desire to show any discourtesy to the Gentfrom Ren tucky, [Mr. Hise] If there be nobody else who desires to occupy the floor this afternoon, of course I will not oppose the motion that the committee now rise. The question was upon the motion of Mr. Hise, that the committee now rise. The motion was agreed to. So the committee rose; and
The SPEAKer having resumed the chair, Mr. VANHorts, of NewYork, reported that the ComWhole on the state of the Union having had under consideration the President's annual message had come to no resolution thereon. NewOrleans RIOTS.
Mr. TAYLOR, of Tennessee. I ask to be excused from further service upon the select committee appointed to investigate the riots at NewOrleans. I ask it upon the ground that my State has but recently been permitted representation upon this floor, of the business of my i.has accumulated to such an extent during the past 5 or 6 years that it needs my personal attention in Washington. No objection was made.
The SPEAKER appointed Mr. HIRAM. Mc CULLough, of Maryland, to fill the vacancy. LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. STEVENS, from the ComAppropriat, reported a bill making approriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867; which was read a 1st and 2nd time, and ordered to be printed.
Mr. WILSON, of Iowa. I reserve the right to make points of order on this bill when it shall come up
Mr. STEVENfoSr. conIsidmeroavteiont.hat the bill be referred to the ComWhole on the state of the Union, and be made the special order for Tuesday next after the mornin hour, and from day to day until disposed of. The motion was agreed to. COLONEL L. F. FIX.
Mr. GARFIELD. I move that Colonel L. F. Fix have leave to withdraw from the files of the House the petition and papers in his case, upon the usual condition that he copies of leave the same. The motion was agreed to. HALE AND Rust, CovingtoN, KENTUCKY.
Mr. GARFIELD, by unanimous consent, from the ComWays&Means, made an adverse report upon the petition of Hale & Rust, Covington, Kentucky, asking extension of the time in which to pay tax upon manufactured tobacco; which was laid upon the table, and ordered to be printed, ADJUSTMENT of PostMAstERs’ Accounts.
Mr. BIDWELL, by unanimous consent, introduced a bill to provide for the adjustment of the accounts of postmasters under the act of July 27, 1854; which was read a 1st and 2nd time, and referred to the comPostOffice. ALLOWANCE OF EXTRA RATIONS.
Mr. PAINE, by unanimous consent, introduced a bill to place all officers of the Army on the same footing therein as to allowances of extra rations for volunteer service; which was read a 1st and 2nd time, referred to the SComMilAffrs, and ordered to be printed.
Mr. ELIOT, by unanimous consent, made an adverse report from the Committee on Freedmen's Affairs upon the petition of T. P. Devereaux, Halifax, NCarolina, for relicf on account of slaves set free by the proclamation of emancipation; which was laid upon the table, and ordered to be printed. AMENDMENT OF PENSION LAWS.
Mr. LAWRENCE, of Ohio, by unanimous consent, submitted the following resolution; which was read, considered and agreed to Resolved, That the ComInvalidPens be instructed to inquire into the expediency ofing the pension laws so amend as to provide that in all cases where it is proved to the satisfaction of the ComrPensions that any soldier of the Army of the U.S., during the rebellion, died in any rebel prison it shall for all purposes of pensions in such cases be deemed primafacie that such soldier died of oliseasecontracted in the serviee of the U.S. in the line of his duty. Libutexant JOSEPIi P. FYF Fre.
Mr. RICE, of Massachusetts. I ask unanimous consent to report from the ComNavAffrs a JtResolution for the restoration of Lieutenant Joseph P. Fyffe, of the U.S. Navy, to the active list from the reserved list.
Mr. WILSON, of Iowa. I object. DORENCE ATWATER.
Mr. HALE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the select committee on the case of Dorence. Atwater, appointed pursuant to resolution of this HOuse of last, session, be present continued for the sessionwith the same powers. AMENDMENT OF MILITARY L.A.W8.
Mr. ANDERSON, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAffrs be instructed to inquire into the expediency of July 28, 1866, an act, approved to increase and fix the military peace establishment of the U.S. CI, AIMS OF LOYAL TENNESSEEANs.
Mr. MAYNARD. I. ask unanimous consent to submit the following resolution: Resolved, That a resolution passed by the House on the 18thday of January, 1866, in following: the substance “That until otherwise ordered, the ComClaims be instructed to reject all claims referred to them for examination by citizens of any of the States lately in rebellion, growing out of the destruction or appropriation of, or damagesto, property by the Army or Navy, while engaged in suppressing the rebellion;” be and the same is so modified as not to embraceany claims presentedby loyal citizens of Tennessee.
Mr. THAYER and Mr. WARD, of NewYork, objected.
Mr. DEIANO., I, move that the House resolve itself into the ComWhole on the Private Calendar.
Mr. LeBLOND. I move that the House adjourn. The motion was agreed t;o and thereupon (at 3 o'clock, and ten minutes p. m.) the House adjourned.
PETITIONs, ETC. thTehreulfeosl, loawnding petitions, &c., were presented under reI?y Mr. CLA ReIVrrEe, dotof tOhheiaop: pTrhoepri petition of tte Beasr: Behymer, asking pay for military service rendered the Government in 1864. Mr. DENNY: The petition, of. Captain, J. FoTurner, for travel pay from Baltimore to SanF rancisco. Mr. GRISWOLD: The petition of and Albert Jacob Sharon C. Corse, for compensation for machine for post marking of letters, &c. Mr. HARDING, of Illinois: The memorial of 300citizens of Illinois, for additional protective duties for grape and wine, producers. Mr. McRUER: The memorial of convention of grape and wine growers of By Californa. Mr. MOQRHEAD: Several petitions signed by the clerks and civil employees of depts the Executive dean increase of coloniation; Mr. PIKE: The petition of Robert T. Osgood for extension of letters patent. Mr. UPSON.: The Poio of A. S. Dyckman, and 74 others, citizens of county, Michigan, prayingSCoounthgre Hsasyen, Van Buren for an approprition of $50,000 to complete their harbor at aven, South at the mouth of South Black river.
@@@IN SENATE SENATE. Moxoay, December 17, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a report of the SecyWar, communicating, in compliance with a resolution of the Senate of the 6th instant, information in relation to the appointment of commissioners provided for in the 24th section of an act to amend an act entitled “An act for enrolling and calling out the national forces, approved March 3, 1863, ” approved February 24, 1864; which was referred to the ComMilAffrs . He also laid before the Senate a letter from the SecyTreasury, inclosing a communication from the acting Comptroller of the Currency, communicating, in compliance with a resolution of the Senate of the 13th instant, information in relation to banking associations which have failed to comply with the provisions of law requiring a reserve of money on hand; which was referred to the ComFinance.
Skip Skip PETITIONS AND MEMORIALS. Mr. SUMNER. I have received from Nor folk the proceedings of a grand mass meetin of the unconditional Union men without regar to color, held at the 1st Baptist church, december 11, 1866, and signed by the president, VEEP, and secretaries of the meeting. I have been requested to present these proceedings to the Senate. They are in the nature of a petition, as one of the resolutions expressly declares that the proceedings are to be submitted to the Senate. HoRep of the U.S.A. In these care fully prepared resolutions there is a solemn protest against what are called the countless insults, persecutions, and tyrannical punishments of themselves and their loyal friends and neighbors; and they further say that they most positively refuse to recognize any civil government as now existing within the insurrectionary territory of Virginia. They further say: “That we earnestly pray that Congress ignore the socalled State governmentof which Francis H. Peir point is the ostensible head, but which is ruled by rebels, and establish in its stead a loyal territorial government with somestaunch and firin, friend of nion as territorial governor. Hon. Joolhn C. Undteher wood, now judge of the U.S. court, wewould recommend to your especial consideration.” They further say: “That if Congresswill assumethe exerciseof their right to regulate the establishmentof freegovernment in the South these territories will assume a healthful and vigorous support of a RFG. There are some reasons for a reference of.the.se.proceedings, with the accompanying me to the ComTerritor, as the signers ask that the State of Virginia should be treated as a Territory and provided with a proper Governor and other officers; but as I understand that the committee known as the reconstruction committee is still in existence I shall ask the ref. erence of this paper to that committee.
Mr. SAULSBURY. I object to the reception of that paper. It is, as I understand, the proceedings of a public meeting held in olk, Virginia. Nor. Since I have been a member of this body I have known the proceedings of public meetings not to be received by the senate of the U.S. because they were not in the character of a memorial addressed to the Senate of the U.S. I make the point that, under the rules of the Senate, the proceedings of that meeting cannot be received the paper not being a petition or a memorial addressed to the Senate of the U.S. but simply the proceedings of a public meeting. }}. President will recollect, I have no doubt, that on several occasions the proceedings of public meetings have been presented to the body and been refused to be received by the body on the ground I. have stated. PRESIDENT protempore. Objection . being made to the reception of the paper, the Chair will put the question to the Senate: Shall the document offered by the Senfrom massachusetts be received?
Mr. SUMNER. On that I will make one word of explanation. I think the Senfrom Delaware did not understand precisely my statement with regard to the Polo I am well aware of the rule to which the Senator has called attention. Had these been simply the Ero.ceedings of a public meeting I should not ventured to present them. It was because on examining the document carefully it appeared to be in the nature of a petition to congress the concluding words of the resolutions adopted are especially addressed to Congress and are in the nature of a petition it was on that account, after careful consideration of the document, that I felt it to be my duty to present it.
The PRESIDENT protempore. The question is, Shall the document offered by the Senfrom Massachusetts be received?
Skip Skip The question being put, it was decided in the affirmative.
Mr. WILSON, from the ComMilAffrs and the Mifitia, to whom was referred the JtResolution (H.R.No. 205) for the erection of a statue to the memory of Bre yet Lieutenant General Winfield Scott, reported it with an amendment. He also, from the same committee, to whom was referred the JtResolution (H.R.No. 192), relative to certain, flags captured during the late war, asked to be discharged from its further consideration, and moved that the JtResolution be indefinitely postponed; which was agreed to. He also, from the same committee, to whom were referred the bill (S.No.67) to increase and fix the military peace establishment of the U.S.,the bill (S.No.323) to fix the military peace establishment of the U.S., asked to be discharged from their further consideration, and that the bills be indefinitely postponed, the subject matter of them having been acted upon heretofore in other forms; which was agreed to.
Mr. WILLEY, from the ComClaims, to whom was referred the bill (S.No.213) for the relief of John H. Ellis, a paymaster in the U.S. Army, reported it with an amendment, and submitted a report; which was ordered to be printed. He also, from the same committee, to whom was referred the bill (H.R.No. 346) for the relief, of Hugh Leddy, reported it without amendment, and submitted a report; which was ordered to be printed.
Mr. HOWARD, from the ComPrivLandClms, to whom was referred the petition of Mary M. Taylor, praying that certain lands in the island of StHelena, parish of St., Helena, SCarolina, may be delivered to her upon the payment of the taxes ‘due the U.S., reported a bill (S.No.478) for the relief of Mary M. Taylor; which was read and passed to a 2nd reading. WOLUNTEER ARMY It FGISTER.
Mr. WILSON. I am directed by the ComMilAffrs , to whom was referred the JtResolution (S.R.No. 83) respecting the publication of the Volunteer Army Register, to ask that the committee be discharged from its further consideration, and that the resolution be indefinitely postponed.
The PRESIDENT protempore. The ques.tion is on concurring in the report of the com. mittee.
Mr. ANTHONY. I should like to have that resolution read. I have no objection to its being acted upon; but I should like to have it read.
The Secretary read it, as follows: Resolved.That the SecyWar be, and he is hereby, authorized and required to cause to be can celed, the volumes, of the Roster of already, printed. Volunteers and that the Roster compiled as directed by the JtResolution approved March 2, 1855, be published in accordance with the plan submitted by the Superintendent of Public Printing.
Mr. ANTHON.Y., I should like to inquire of the chairman of the ComMilAffrs what is the present condition of that publication, if it is so far advanced that it will F. useless to pass this resolution; for I think the publication is enormously expensive, and entirely useless on account of being full of inaccuracies. I am told that there is not one page in 5 but what has been canceled after it has been stereotyped. If it is so far advanced that the money is nearly all expended, perhaps it would be useless to pass the resolution; but I believe whenever you stop the publication, all the money that would be required to finish it will be saved. All that has been spent upon it has been utterly wasted. I thought that this resolution passed at the last session.
Mr. WILSON. I will say to the Senator that after the resolution was introduced a state.ment was made to the committee by officers in the Adjutant Generafs Dept, who had the care of it, that they had made great prog ress in the work, and the expense of the publication would be much less than was supposed; that there were errors in the 1st volume, but they thought they could have a correct one for the future. I have not examined how the other volumes compare with the 1st one. Certainly the 1st volume was full of errors on nearly every page. If the Senator desires it, however, I am willing to let this resolution lie over, and I will make inquiries into the exact state of ". "o;
Mr. ANTHONY. I would prefer to have it lie over. That 1st volume, which purports to contain a roster of the early regiments, does not have in it the regiment that marched from the Senator's own State, and drew the 1st blood in Baltimore; it does not have the regiment that GenlBurnside commanded, and which my colleague led into the 1st Bull Run; and of all the names I have looked for fully 1/3rd were not there. I think it is not only a at waste of public money but a ofoil to the officers whose names are left out to publish such a book and call it a roster. I thought the publication was stopped at the last session.
The PRESIDENT protempore. Objection being made to the consideration of the resolution and report at this time, it will lie over under the rule.
Mr. WILSON. I withdraw my motion. Let it go on the Calendar. COMMITTEE SERVICE.
Mr. SHERMAN. I ask to be excused from further service on the ComClaims. It is impossible for me to attend to the duties of that committee and also the duties of the other committees with which I am connected. I therefore ask to be discharged from further service on that committee, and that the Chair be authorized to fill the vacancy.
The PRESIDENT protempore. The 1st question will be on excusing the Senfrom urther service on the ComClaims. The motion was agreed to.
The PRESIDENT protempore. The Senator further moves that the vacancy in the committee be filled by the Chair. The motion was agreed to. bit, IS INTRODUCED.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.474) to authorize and require amendments and to cure defects ine in the courts of the U.S.; which was read twice by its title, and referred to the ComJudiciary.
Mr. PATTERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.476) for the relief of William A. Hinshaw and Jacob M. Hinshaw, mine r children of Jacob M. Hinshaw, deceased; which was read twice by its title, and referred to the ComPensions.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.477) to amend an act entitled “An act to continue, alter, and amend the charter of the city of Washington, ” approved May 17, 1848; which was read twice by its title, and referred to the ComDistCol.
Mr. SUMNER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.475) to prevent and punish false and fraudulent representations to induce emigration to a foreign country; which was read twice by its title.
Mr. SUMNER. I ask the reference on that bill to the ComForRel; and in making that motion I desire to make a brief statement. I have some important [. going to show that certain persons have arrived from foreign countries with the expectation of treating the free colored people of the U.S. very much as coolies have been treated in other countries. They hope to obtain a cargo (if I may so express myself) of free colored persons as coolies. Entering into some species of contract with them they hope, under that form, to get the control of them and virtually to reduce them to a new form of bondage in a foreign country. It is on that account that I have asked the reference of the bill I introduce to the ComForRel; but at the same time I desire to warn the colored people of the country, so far as I can from my place in this Chamber, to be on their guard against an such efforts. From papers now in my hand feel confident that there are persons here desirous of treating them as coolies. Let them be on their guard.
The PRESIDENT protempore. The bill will be referred to the ComForRel, no objection being interposed.
Mr. DOOLITTLE. Before the question of reference is disposed of, I desire to call the attention of the Senfrom Massachusetts to one point. It seems to me that anything which makes an act a crime, or imposes a new penalty for a crime to be treated by statute, ought to go to the ComJudiciary. They are familiar with those questions and those statutes. All such questions have always gone to the ComJudiciary; for instance, the question of the kidnapping of colored persons and taking them abroad went to the ComJudiciary, and from that committee a bill was reported and we enacted it into a law.
Mr. SUMNER. I can at another moment, if I have an opportunity of seeing my friend alone, explain to him what he will recognize as a sufficient reason for this reference. In moving this reference I believe I have followed the precedents of the Senate. All the bills with reference to the slave trade and its abolition have been considered by the ComForRel. The motion was agreed to. DEFICIENCY BILL. The following message was received from the HoRep, by Mr. McPERson, its Clerk: Mr. President, the HoRep has reconsidered its vote agreeing to the amendments of the Senate to the bill of the House (H.R.No. 876) making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes, and it has directedme to return the biii to the Senate in compliance with its request. On motion of Mr. FESSENDEN, it was error in: agros mendments of the Senate to the (H.R.No. 876)this day returned by the HoRep, to the Senate to be corrected, and that he return the said bill and amendments to the: and request its concurrence in the said amend inents.
Skip Skip ENROLLED BILLS SIGNED. The message further announced that The SPEAKer of the House had signed the enrolled bill (S.No.1) to regulate the elective franchise in the DistCol; which was thereupon signed by the President protempore of the Senate.
Skip Skip BILLS. BECOME LAWS. A message from the POTUS, by Mr. Robert Johnson, his Secretary, announced that he had approved, and signed on the 15th instant the following bills: A bill (S.No.308) confirming the title of Alexis Gardapier to a certain tract of land in the county of Brown, and State of Wisconsin; an A bill (S.No.373) releasing to Francis S. Lyon the interest of the U.S. in certain lands. w FREEDMEN’s BUREAU.
Mr. WILSON submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecyWar be directed to furnish, for the information of the Senate, copies of the reports of the asst commissioners of the Freedmen's Bureau, together with a synopsis of the local laws respecting persons of color as they now exist in the late slave States. BILLS REFERItED. On the motion of Mr. PATTERSON, the bill (S.No.454) for the relief of the widow of Jacob Harmon, and the bill (S.No.455) for the relief of the widow of Henry Fry, hereto fore introduced by him, were taken from the table and referred to the ComPensions. RUSSIA AND AMERICA.
The PRESIDENT protempore submitted the following message from the POTUS:
The POTUS. To the Senate and HoRep: I communicate a translation of a letter of the 17th of August last, addressed to me by His Majesty Alexander, Emperor of Russia, in reply to the JtResolution of Congress, approved on the 16th of May, 1866, relative to the attempted assassination of the emperor, a certified copy of which was, in compliance with the request of Congress, forwarded to His Majesty by the hands of Gustavus V. Fox, late Asst SecyNavy of the U.S. ANDREWJOHNSON. WASHINGToN, 14th December, 1866. [Translation] His Majesty the Emperor of Russia to the POTUSA.: PETERhof, 17th August, 1866. I have received from the hands of Mr. Fox the resolution of the Congress of the U.S.A. on the occasion of the providential grace of which I have been the object. That mark of sympathy, has moved me sensibly. It is not alone o; it attests once more the onto that bind the American nation to that of ussia. The 2 peopleshave no injuries to onlyFo remember, but relations. Under all circumstances new proofs of mutual benevolence are added. These cordial relations are as conducive to reciprocal their interests as to the good of humanity, civilization and and answer the designs of dence, whose will divine Provi: is peace and concord among all nations. It gives me a lively pleasure to see theseties constantly strengthened more and more. have imparted my sentiments to Mr. Fox. I pray you to be interpreter to no and the American people whom it represents. Tell them how much I appreciate, and with me the whole of Russia, the testi hmaopnpiyes of friendship they have given me, and how I will be to see the American nation grow in strength and prosperity by practice the union and constant of the civic virtues that distinguish it. Accept, at the same time, the assurance of the high consideration with which I am your good friend. ALEXANDER. The message was referred to the ComForRel, and ordered to be printed. POWER OF AMNESTY AND PARDO.N.
Mr. TRUMBULL. I move that the Senate proceed to the consideration of the bill (H.R.No. 828) to repeal section 13 of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, approved July 17, 1862. Sir HENURICKS. I hope the Senator will not call up that bill at this time. The bill for the admission of Nebraska as a State was before the Senate at its last session, and I was submitting to the Senate some remarks on that bill at the time of the adjournment on Friday. When the bill which the Senfrom Illinois calls up comes up I shall desire also to submit some suggestions on that bill. I do not wish to discuss both at the same time. I would rather the Senate would proceed with the Nebraska bill if it is going to be considered today at all.
Mr. TRUMBULL. I hope we may get through with this bill before one o'clock; we have 20 minutes yet before that hour. I trust the Senate will proceed to its consideration at any rate.
Mr. HENDRICKS. I appeal to the Senator not to call up that bill this morning. The other bill was expected to be completed today. Some of us would wish to say something on the bill that he calls up. If gentlemen desire to discuss that bill only until one o'clock, and then take up the Nebraska bill, I do not object to that, but I do not think there will be any advance in the consideration of the bill by taking it up at this time. It can hardly pass in 20 minutes, I should think. The motion was agreed t;o and House bill No. 828 was considered as in ComWhole.
Mr. COWAN. I should like to have the 13th section of the act of 1862 which it is proposed to repeal read.
The Secretary read as follows: “Src. 13. Abife:, That the President is hereby authorized at any time hereafter, by proclamation, to extend to persons who may have participated in part the existing rebellion in any State or thereof pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.”
Mr. JOHNSON. I should like to hear the honorable chairman of the ComJudiciary state what particular reasons there are for assing this proposed bill. It does nothing. repeal, as I understand it, one of the sections of the act of 1862 which gave the President authority in certain cases to grant pardons either general or special. I do not know whether I am right or not, but I have been under the impression that that power is now in the Executive by the Constitution; that it is not conferred by the act of 1862; and that nothing will be accomplished by its repeal. I suppose that the proposition to repeal the act was founded on fo opinion that without it the power could not be exercised by the Execut tive. I should like to know whether that is the opinion of the honorable chairman; whether he proposes to repeal it upon that ground.
The PRESIDENT protempore. The Senfrom Maryland will suspend his remarks. The morning hour having expired it lo the duty of the Chair to call up the wo business of Friday, which is Senate bil No. 456.
Mr. SAULSBURY. Before, the Senate proceeds to other business, I wish to pres." an amendment to the bill which is before " Senate. I move to strike out all after the enacting clause and insert what I send to the Chair.
Mr. TRUMBULL. I trust the bill under consideration will be proceeded with:, I hope we shall be able to get through with.” in a short time, and I move to lay. other bill informally until we dispose of the one now under consideration.
Mr. JOHNSON. I do not think you can get through today.
Mr. HEND RICKS. Have I the floor. on the bill that is before the Senate?
The PRESIDENT protempore. The Senator has the floor.
Mr. HENDRICKS. I desire to finish what I have to say on that bill.
Mr. WADE. It is with very great reluctance that I should agree to suspend the consideration of the Nebraska bill; perhaps it is one of the most pressing measures here; but I am told that the Senate will adjourn before we can possibly get through with it, for which reason F. not oppose this motion to continue what was before the Senate in the morning hour; but tomorrow I shall endeavor to take up the Nebraska bill at the earliest period oilf. ADMISSION OF NEprASRA.
The PRESIDENT protempore. Senate bill No. 456, for the admission of Nebraska as a State, is the unfinished business of Friday, which is before the Senate, and the Senfrom Indiana is entitled to the floor on that bill. The Senfrom Illinois addresses the Chair, the Senfrom Indiana being entitled to the floor. I ask the Senfrom Indiana if he gives way to the Senfrom Illinois.
Mr. HENDRICKS. Not for the motion which he wishes to make.
The PRESIDENT protempore. In the opinion of the Chair the Senfrom Indiana is entitled to the floor, and a motion to post pone the consideration of the Nebraska bill cannot be made unless he yields the floor for the se. M."MBULL. Will not the Senfrom Indiana allow me to make a motion to postpone?
Mr. HENDRICKS. For anything else. I should yield to the Senator, but not for that motion. I yielded on Friday evening to every body who desired to propose anything, and I would rather finish what fo got to say on this bill.
The PRESIDENT protempore. The bill (S.No.456) for the admission of the State of Nebraska into the Union is before the Senate as in ComWhole.
Mr. WADE. Does the Senator contend that the constitutional amendment provided that they might exclude a portion of their population from voting in NewYork, Ohio, or any other State, and still have representation for that portion in the other House?
Mr. WADE. I do not so understand it at all.
Mr. HENDRICKS. There is no question about it.
Mr. WADE. The amendment, as I understand it, refers to all the States alike in that particular.
Mr. WADE. But I take a distinction betweenthe power of this Government over States. that have forfeited their rights by rebellion and those that never have.
Mr. HEND RICKS. I am not discussing the view of the Senator who has just addressed the Senate, but that of his colleague. His colleague has said that the amendment proposed at the last session was a fair, a mild, and a just one; that because of its character in these respects great advantage was secured to the party with which he acted during the last political contest.
Mr. SHERMAN. Do I.the senator to wish an answer to his question now 2
Mr. CRAGIN. Will the gentleman allow me to ask him a question?
Mr. CIRAGIN. Does that constitutional amendment exclude the non-voting foreign population of the southern States more than of the northern States?
Mr. TRUMBULL. Mr. President, the Senfrom Indiana having delivered his speech to the Senate, and insisted upon delivering it without allowing the Senate to determine what business it would proceed with, I move now that the subject under consideration be laid aside for the purpose of proceeding with the bill upon which we were then acting.
Mr. HENDRICKS. The Senfrom Illinois has made a remark which in my judgment is not in good taste, and not within the proprieties of the Senate. I had the floor; it was my right to: the remarks that I had to make. I had desired to complete these remarks very briefly on Friday evening, but the Senfrom Maine [Mr. FEssenDEN] asked me to yield that he might make a proposition; then another Senator asked me to yield still further, and as a matter of course I yielded. Now the Senfrom Illinois, because I do sired that what I said on Friday and what I had to say today should not be entirely disconnected and separated, intimates that I sought to interpose my will against the desire of the Senate. I do not think he is authorized to say that; I do not think he is authorized in saying that the Senate desired to take up the bill he refers to a bill, according to his own of that is not of much practical importance. proposed to discuss a bill that was of practical importance; he desired that I should take my seat in the midst of an argument; I did not choose to yield to him upon that. It was not between me and the Senate. The Senator insisted that I should yield to him that he might interpose a motion; I refused to do it; it is a 3.between him and myself. I did not yield to him when he wished to make a motion to call up another bill, and that is not the of any lecture.
Mr. BROWN. Mr. President, before the motion is put in regard to postponing this bill and taking up another, I ask the unanimous consent of the Senate to permit me to substitute an amendment, drawn in somewhat differ. ent language but substantially the same thing, for the one which I presented the other day, it is simply designating the time at which the election shall be held. I desire that it may be printed when the bill goes over. I ask that permission unanimously of the Senate.
The PRESIDENT protempore. The Senfrom Missouri asks unanimous consent of the Senate to interpose to the bill now before the Senate an amendment varying somewhat the terms of the amendment heretofore offered by lm.
Mr. BROWN. To withdraw the one I of. fered the other day and substitute in its place what I now present and ask to have printed. The japrotempore. The Chair hears no objection to the request made by the Senfrom Missouri, and the amendment which he now presents will be received and ordered to be printed.
Mr. TRUMBULL. Mr. President, I did not say that the Senate desired to go on with the other bill. I said the Senfrom Indiana refused to allow the Senate to determine what business it would proceed with. We had been proceeding with the other bill, and it is the 1st time within my knowledge as a member here where any Senator has insisted upon a right to claim the floor over from a previous day without allowing the Senate to determine what business it would go on with. The Senator had a right to do it. I have no controversy with him. If the Senate had not thought proper to go on with the bill to which I have called attention I should have had no objection to going on with that upon which he has spoken, but I thought it proper and my duty, having charge of that bill, to ask the Senate to continue it. The Senator thought proper, having a right to the floor, to deny the opportunity to me and to the Senate to pass upon it. It was his right; I do not complain of him. I now move that we proceed with the bill which we had under consideration at the expiration of the morning hour.
Mr. COWAN. I hope not, Mr. President. At the opening of the session this morning I had no objection Whatever to proceeding with the bill of the honorable Senfrom Illinois, but he having urged that and having failed, the Senate having taken up the bill now before them, I desire to express my opinions upon it, and I should very much prefer to go on this afternoon. I hope, therefore, that the Senate will continue the consideration of the bill they now have in hand. I am not aware that there is any other business before the Senate which requires immediate action. if I am properly informed, and I presume I am, that business which it is intended shall supersede this bill can as well be attended to tomorrow as today. I hope, therefore, that the Senate will proceed with the consideration of the Nebraska bill today.
Mr. WADE. I barely wish to say, having charge of the Nebraska bill, that the reason why I have not insisted with more pertinacity upon continuing the debate on it today is that I understand the Senators from NewJersey propose at 2 o'clock to announce the death of our late associate, Senator WRIGHT. That announcement will of course adjourn the senate pretty early, and I did not suppose, we.make much progress with the bill today; hence I did not feel like pressing it as I otherwise would. I believe that when gentlemen wish to make announcements of that kind it is not usual to insist on pressing other business, and hence I yielded. ThMurrs.daCyO?WAN. Why not let them take
Mr. COWAN. If the consideration of this bill is to be postponed I would ask that it be postponed until after the holidays, after the adjournment which I understand has been voted by both Houses. If we are to discuss this bill and determine it now, we I think had better talk upon it while we are at it, and allow the honorable Senfrom NewJersey to take up the funeral obsequies of Senator Wright on Thursday. If it is to go over at all, let it go over until after the holidays. I have no objection to that; but if it is to be discussed and determined now, I would be glad that the discussion should be continued until we arrive at. a vote, if that vote can be attained tomorrow, and I think it can. I do not see any objection to this course. I cannot see any objection on the part of anybody. The i.Senfrom Ohio who has this bill in charge is exceedingly anxious that it should be disposed of, as I understand him.
Mr. COWAN. The honorable Senators from NewJersey of course wish to do the honors to their departed colleague. That is all meritorious and proper. I feel that as strongly as anybody, that is one of those things which is to be considered ab extra. It is not in the natural business of the Senate and may as well be postponed until Thursday as to be inaug urated today. I suppose that these eulogies will not spoil by putting them over 2 or 3 days longer. I should think not. Those things are usually prepared, cut and dried, written, elaborated; and I should very much prefer anything that I have to say upon the admission of Nebraska should be said today. I therefore hope the motion to postpone will not prevail.
Mr. JOHNSON. Mr. President, if it had not been stated to the Senate by the honorable member from Ohio [Mr. WADE] that it was the purpose of the successor of the late Mr. WRIGHT to announce his death today, I should have interposed no objection to the ostponing of that purpose to some future day, i. when that announcement has been made it appears to me to be but respectful to the memory of the deceased and respectful to his colleagues, that the announcement should be made as they intended when they came into the Cham ber. It can cost us but little time, and that little may be considered as well spent when it is devoted to doing some honor to the memory. of a man with whom we associated so long and whom we regarded personally so well. I hope, therefore, that the honorable members from NewJersey will not delay the design which they had, as I understand, when they came into the Chamber, but will make the announcement at the very hour they intended to make it when they came into the Chamber.
Mr. WADE. I wish to give notice that tomorrow early I shall move to rescind that JtResolution of adjournment, and I shall assign my reasons for it. It is exceedingly doubtful, as we have sent an important bill to the President, whether if he should return it during that adjournment, as he would have the right to do it would not fail if we stood adjourned. f shall call up the matter in the morning and insist upon rescinding the resolution.
Mr. SUMNER. As the Senfrom Ohio has raised a question with regard to what the President might do during this recess, I mere ly wish to remark that there is another way in which that difficulty may be obviated. Let the SecySenate retain the bill until after the recess, or until such time in the recess that the 11 days allowed to the President will expire after the return of congress. Then there can be no evil consequence.
Mr. TRUMBULL. We do not want to discuss that now.
Mr. JOHNSON. There is the difficultymentioned by the member from Ohio, certain: ly. If the bill which he has in charge is passed tomorrow or the next day the President will have ten days to consider it, and if the ten days.expire during the recess perhaps the measure fail. I?, not know that the President will take the ten days; I have no knowledge on the subject. The only certain way of guarding against it would be to postpone the consid: eration of the measure until after the recess,
The PRESIDENT protempore. The question is on the motion of the Senfrom " Illinois to postpone the present and all prior orders " i and proceed to the consideration of the bill which was under consideration }. the Senate at the expiration of the morning hour. The motion was agreed to. POWER OF AMNESTY AND PARDO N.
Mr. SAULSBURY. Is the bill to repeal the 13th section of the confiscation act now before the Senate?
Mr. SAULSBURY. Then I desire to offer the amendment which I attempted before to get in. I have handed it to the Secretary.
The Secretary read the ? amendment, which was to strike out all after the enacting clause of the bill and insert: That the act entitled “An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, ” approved July 17, 1862, be, and the same is ereby, repealed. I do not propose, Mr. President, to enter into any discussion of the merits of the amendment which I have offered, but shall content myself for the present with asking that the vote upon it, when taken, shall be taken by yeas&nays.
The PRESIDENT protempore. When the discussion of this bill was interrupted at the expiration of the morning hour, the Senfrom Maryland was on the floor, and the consideration of the bill being now resumed he is again entitled to the floor.
Mr. JOHNSON. I rise, sir, not for the purpose of discussing the bill now, but to say that yield the floor to the Senfrom NewJersey. DEAthi OF SENATOR. W.Right.
###HOUSE OF REPRESENTATIVES. Monday, December 17, 1866. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNton. The Journal of Friday last was read and approved. ORDER OF BUSINESS.
The SPEAKER announced as the 1st business in order the call of committees for reports to go upon the Calendar, and not to be brought back by a motion to reconsider. No reports were presented.
The SPEAKER announced as the next business in order the call of States, commencing with Illinois, for the introduction of resolutions. MARINE HOSPITAL AT CHICAGO.
Mr. WENTWORTH submitted the following resolution: Resolved. That the SecyTreasury communicate to this House what progresshas been made in the erection of the new marine hospital at Chicago provided for in the law authorizing the sale of old one, and the if a site has been purchased to state of whom, where, and the price thereof, with the estimate for the cost of the buildin.
The SPEAKER, This being a call for executive information, unanimous consent is necessary for its consideration on this day. Is there any objection? There being no objection, the resolution was considered and agreed to. IMPROVEMENT OF CHICAGO HARBOR.
Mr. WENTWORTH submitted the following resolution: Resolved, That the SecyWar inform this House what disposition was made of the money appropriated for the improvement of the harbor, at Chicago at the last session, and if still unexpended what arrangements have been made for its expenditure, and the plans therefor. There being no objection, the resolution was considered and agreed to. FRAUDS IN NewOrleans CUSTOMHOUSE.
Mr. WASHBURNE, of Illinois, submitted the following resolution, on which he demanded the previous question: Resolved, That the committee of this House appointed to investigate the riots in NewOrleans directed to investigate into the alleged frauds in the NewOrleans customhouse, and the appointment of rebels therein to the exclusion of Union men, and into all matters connected with the administration of the affairs of the customhouse, and report fully to this House.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the resolution was adopted; upon the table. agreed to. s. L. BREESE, U.S. NAVY.
Mr. WASHBURNE, of Illinois. I ask unan imous consent to introduce a JtResolution for the restoration of Lieutenant Commander S. L. Breese, U.S. Navy, to the active list from the retired list. There was no objection; and the JtResolution was received, read a 1st and 2nd time, and referred to the ComNavAffrs.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. ForNEY, its Secretary, notifying the House that that body had concurred in the resolution of the House providing for the adjournment of the House from the 20th instant to the 3d proximo, with an amendment including the Senate therein, in which he was directed to ask the concurrence of the House. It further announced that the Senate had passed a JtResolution (S.R.No. 149) to extend aid and facilities to citizens of the U.S. engaged in the survey of a route of a ship canal across the Isthmus of Darien, in which he was also directed to ask the concurrence of the House. It further announced that the Senate requested the return of the deficiency bill for the purpose of correcting an error in the engrossment of an amendment thereto. WASHINGTON SPECIAL ELECTION.
Mr. INGERSOLL submitted the followin resolution; which was read, considered, an agreed to: Resolved, That the ComDistCol are hereby instructed to fo inquire, into the of providing by law for a special election to be held in the city of Washington for the election of a city treasurerand auditor, with leave to report by bill at any time. hirAM hEDRICK.
Mr. INGERSOLL also submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComInvalidPens are hereby directed to inquire into the propriety of increasing the pension of Hiram Hedrick (who is oblind) from 4 to 25 dollars per LulonLil. TREASURY DOCUMENTS.
Mr. CULLOM submitted the following resolution; which was read, considered, and agreed to: Resolved.That there be printed for the use of the Treasury Dept 300 copies of the estimates of appropriations for 1867 68 and 2500 copies of the report of the SecyTreasury on the state of the finances, and 150 copies of the statement of receipts and expenditures for the year 1864 65 FOREIGN interVENTION.
Mr. HARDING, of Illinois, submitted the following resolution, on which he demanded thei.: Resolved, That, the HoRep of the Congress of the U.S. will give unfaltering support to the executive dept of this Government to vindicate the time honored policy of this Republic against foreign armed intervention which tends to the destruction of constitutional liberty on this continent, and especially commends the tone of the national voice in respect to the republic of Mexico.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. CURRENCY.
Mr. COOK submitted the following resolution, on which he demanded the previous question: Resolved, That the ComBanking and currency be instructed to inquire into the of providing by law.for the withdrawal of the currency issuedby the national banks as fast as the same may be done without injustice to the banks, and of supplying o: of such currency with legal tender notesissued by the Government of the U.S.
Skip Skip The House divided on 2nding the demand for the previous question, and there were ayes 47, noes 37; no quorum voting. The SPEAKER, under . rule, ordered tellers, and appointed Mr. Cook and Mr. BRAN DEGEE. The House again divided; and the tellers reported ayes 58, noes. 38. So The previous question was 2nded.The main question was ordered. Mr. BRANDEGEE demanded the yeas&nays. The yeas&nays were ordereo.
Skip Skip The question was taken; and it was decided in the negative yeas 64, nays 68, not voting 59; So the resolution was rejected. Mr. WASHBURNE, of Illinois, mtRtv the resolution was rejected; upon the table. agreed to. RECONSTRUCTION.
Mr. MOULTON offered the following resolution, and demanded the previous question thereon: Resolved, That the ComTerritor be, and they are hereby, instructed to inquire into the expediency, of inviting and authorizing the loyal citizens of the U.S., residing in the districts of country recently in States, rebellion against the U.S. known and, designated as the States of Ala bama, Arkansas, Florida, Georgia, Mississippi, NCarolina, SCarolina, Texas, and Virginia, to foru constitutional State governments and proAmes, Arnell. for the restoration of such States to all the rights, dignities, and privileges of States in, Union, the American by bill oarnodththearwt itshee. committee have leave to report
Mr. BINGHAM. I rise to a question of order. This resolution under the rule should go to the ComReconstruction.
Mr. BINGHAM. If it is sound let it go in the right direction.
The SPEAKER. The Chair sustains the point of order. By the rule adopted last session and continued at this session, the resolution must go to the JtComReconstruction. GOVERNMENT BONDS.
Mr. ROSS offered the following resolution, and demanded the previous question thereon: Resolved, That it is the senseof Congress that no more Government bonds should be issued which are not subject to the same rates of taxation as other property.
Skip Skip Mr. THAYER. table. Mr. LeBLOND and Mr. ROGERS demanded the yeas&nays. The yeas&nays were not ordered. Mr. ROGERS demanded tellers. Tellers were refused. The motion to lay the resolution on the table was agreed to ayes 61, noes 36. WithdrawAL OF LEGAL TENDERS.
Mr. BAKER offered the following resolution, and demanded the previous question thereon: Resolved, That the ComBanking&Currency be instructed to report a bill forbidding for some temporary period the further withdrawal of the legal tender currency.
Mr. BINGHAM. I suggest to the gentleman to amend the resolution by making it read “inquire into the expediency.”
Skip Skip Mr. MORRILL. I move to lay the resolution on the table. Mr. BAKER. On that motion I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 88, nays 58, not voting, 45; So the resolution was laid on the table. Mr. HOOPER, of Massachusetts, mtRtv the resolution was laid on the table; upon the table. agreed to. I move to lay it on the ooper, deunter, Jenckes, MESSAGES FROM
THE PRESIDENT. 2 messages in writing from the POTUS were communicated to the House by Mr. Robert Johnson, his Private Secretary. WENTILATION OF THE HALL.
Mr. BROMWELL submitted the following resolution, upon which he called the previous question: Resolved, That the officerhaving in charge the Hall of Representatives be instructed to open all the doors of the Hall and galleries and all doors opening to the outsideof the Representative Hall of the building and dbuarsienmg etnwtoahnodurfsirastftesrtothrye, adjournment of the House, and during 2 hours before, each meeting, at such times as will not interfere with warming the building.
Mr. WASHBURNE, of Illinois. I would ask my colleague [Mr. BRoxfwell] to allow me to offer an amendment, as follows: And that the ComPubBldg and Grounds be directed to inquire into the expediency obfuirledmine gv.ing the restaurant from the baseme ntof the
Mr. BROMWELL. I will accept the amend.ment, and call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution, as modified, was agreed to. REVENUE CUTTER SERVICE.
Mr. WASHBURNE, of Illinois, by unanimous consent, introduced a bill to fix the compensation of the officers of the revenue cutter service, and for other purposes; which was read a 1st and 2nd time, and referred to the ComCommerce.
Mr. WASHBURNE, of Illinois, by unanimous consent, also introduced a bill in relation to the revenue cutter service; which was read a 1st and 2nd time, and referred to the ComCommerce.
Mr. WASHBURNE, of Illinois. I move that the bills I have just introduced, with the Po accompanying the same, be printed. he motion was agreed to. INSPECTION OF PAPERS IN DEPTS.
Mr. FARNSWORTH introduced a JtResolution to allow members of Congress to inspect papers in the postoffice Dept; which was read a 1st and 2nd time. The question was upon ordering the JtResolution to be engrossed and read a 3rd time. The JtResolution was read at length. It provides that it shall be the duty of the PostMGenl to allow Senators and members of Congress to examine, all papers and recommendations for office oto postmasters, postoffices, and other postal mat: ters in their several States and congressional districts.
Mr. ASHLEY, of Qhio. I would suggest to the Gentfrom Illinois [Mr. FARNswor: tH] to modify his resolution so as to include papers in the Treasury Dept.
Mr. LeBLOND. I move to lay the JtResolution on the table, and on that question I call the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 31, nays 116, not voting 44;. So the motion to lay on the table was not agreed to.
The SPEAKER. Theohour having expired the JtResolution will go over to the next Monday when the House shall be in session. DeFICIENCY APPROPRIATION BILL.
The SPEAKER laid before the House the following message from the Senate: IN SENATE of THE U.S., December14, 1866. Resolved, That the Secretary bedirected to request the HoRep to return to the Senate Hsuopupsley bill No. 876, making appropriations and to deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes, for the purpose of correcting an error in the engrossment of amendmentsof the Senate the to said bill. Attest: J. W. FORNEY, Secretary.
The SPEAKER. The amendments of the Senate were concurred in } the House, and the motions to reconsider laid upon the table. It will therefore require unanimous consent to comply with the request of the Senate. No objection was made. ADJOURNMENT power THE HCN.IDAYS. On motion of
Mr. WASHBURNE, of Illinois, the House proceeded to consider the amendment of the Senate to the concurrent resolution of the House, in relation to the adjournment of Congress over the holidays. The amendment was to insert the words “Senate and” between the words “the” and “House;” so that the resolution will read, as follows: Resolved,Senate concurring.) That when the Senate and House adjourn on Thursday the 20th in stant, they adjourn to meet on Thursday the 3d day of January next. The question was upon concurring in the amendment of the Senate.
Mr. WASHBURNE, of Illinois. I call the previous
Mr. STEVENS. I move that the amendment be laid on the table.
The SPEAKER. The effect of the adoption of that motion will be to carry the original resolution with it.
Mr. STEVENS. That is what I want to accomplish.
Skip Skip Mr. ASHLEY, of Ohio. I call for the yeas&nays on the motion to lay on the table. The yeas&nays were not ordered. The motion to lay on the table was not agreed to. The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of the Senate was concurred in. Mr. WASHBURNE, of Illinois, mtRtv the amendment was concurred in; on the table. agreed to. ENROLLED BILL SIGNED.
Mr. COBB, from the Committee, on En: rolled Bills, reported that the committee had examined and found truly enrolled a bill (S.No.1) entitled “An act to regulate the elective franchise in the DistCol;” whereupon The SPEAKer signed the same. THE RUSSIAN EMPEROR.
The SPEAKER, by unanimous consent, laid 1 before the House the following message from the POTUS: To the Senate and HoRep: I communicate a translation of a letter of the 17th of August last, addressed to me by His Majesty, Alexander, Emperor of Russia, in reply to the JtResolution of Congress, approved on the 16th day of May, 1866, relating to the attempted assassination of the Emperor, a certified copy of which was in compliance with the request of Congress forwarded to His Majesty by the hands of Gustavus V. Fox, late Asst SecyNavy of the U.S. ANDREWJOHNSON. WASHINGToN, December 14, 1866.
Mr. MAYNARD. Would it be in order to call for the reading of the translation accomanying this message?
The Clerk read as follows: [Translation] His Majesty, the Emperor of IRussia to of the U.S.A.the President: PETERhof, 17thAugust, 1866. I have received from the hands of Mr. Fox the resolution of the Congress of the U.S.A. on the occasion of the providential grace of which I have been the object. That Inark of sympathy has moved mesensibly. It is not alone personal; it attests once more the sentiments that bind the American nation to that of Russia. The 2 peoples sinjuries to only good remember, but relations. Under all circumstances new proofs of mutual benevolenceare added. These cordial relations are as conducive to fo their interests as to the good of civilization and umanity, and answer the designs of dence, divine Provi whose will is peace and concord among all nations. It gives me a lively pleasure to see theseties constantly strengthened more and more. I have imparted my sentiments to Mr. Fox. I pray you to be my interpreter to Congress, and the American people whom it represents. Tell them how much I appreciate, and with me the whole of Russia, the testimo pies of friendship they have given me, and howo I will be to seethe American nation grow in strengt and prosperity by the union and constant practice of the civic virtues that distinguish it. Accept, at the same time, the assurance of the high consideration with which I am your i;friend ALEXANDER. The message, with the accompanying document, was laid on the table, and ordered to be printed. ATCHISON AND PIKE's PEAK RAILRoAD.
The SPEAKER also, by unanimous consent, laid before the House, the following message from the POTUS: To the HoRep: I transmit herewith a report from the SecyInterior, in answer to a resolution of the HoRep of the 10th instant, in relation to the Atchison and Pike's Peak Itailroad. ANDREWJOHNSON. WASHINGTON, December 15, 1866. "Mr. LOAN. I move that this message, with the accompanying rejort, be referred to the ComPacificRR, and ordered to be printed. The motion was agreed to. NEWMEXICO.
The SPEAKER, by unanimous consent, laid before the House the journal of the Legislature of the Territory of NewMexico for the session of 1865 66; which was referred to the ComTerritor. PEACE IN SOUTH AMERICA.
Mr. BINGHAM, by unanimous consent, submitted the resolution; which was read, considered, and agreed to: Whereas wars destructive of commerceand injuri Qusand prejudicial to republican institutions have for some time been carried on between Spain and several of the South American States on the Pacific coast, and also between Paraguay and Brazil, Ura guay and the Argentine Republic on coast: Now, therefore, the Atlantic. Resolved, That the ComForAffrs inquire and report whether the friendly offices of the U.S. ought not to be used, if practicable, to promote peace and harmany in South America, It will be read, if any PERSONAL EXPLANATION.
Mr. WARD, of NewYork, (having obtained unanimous consent to make a statement,) said: Mr. Speaker, I observe, on examining the NewYork papers of last Saturday, that my name is omitted from the list of members who voted upon the bill extending suffrage in the DistCol. I voted in favor of that bill. I desire also to say that, on examining the index of the Globe for the last session, I find that all my acts and doings for that session are attributed to Elijah Ward, who was a distinguished member of the former Congress, but is not a member of this. I do not know that can remedy this error except by making this statement to go upon the record, so that a very worthy gentleman may not be charged with things which he would not like to father. PUBLIC BUILDINGS AND GROUNDS.
Mr. LATHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolred, That the Committee on same Rules be, and the is hereby, directed to inquire intoo of consolidating the committees of the 2 Houses of Congress on public buildings and grounds into a JtCommee. JURIES IN THE DISTCOL.
Mr. WILLIAMS, by unanimous consent, introduced a bill to regulate the selection of juries for the several courts of the DistCol; which was read a 1st and 2nd time, and referred to the ComJudiciary. SUFFRAGE IN THE DISTCOL.
Mr. BIDWELL. Mr. Speaker, when the vote was taken on Friday last on the bill concerning suffrage in the DistCol I was absent, not expecting that so important a measure would be passed on private bill day. I move that the rules be suspended so that all those who were then absent may have leave to record their votes on that question. The motion was agreed t;o and leave was granted accordingly. HENRY MILLER.
Mr. DAWES. I ask unanimous consent to submit the following resolution: Resolved, That the Committee appointed to investigate the circumstances connected with the murder of certain Union soldiers in SCarolina be instructed also to investigate, under the powers already conferred upon them, and report without delay to this House, all, the faCts connected with the confinement in the jail at Carolina, Walterboro’, South of Henry Miller, under sentenceof death, for the alleged crime of desertion from the rebel army and acting as a spy for GenlSherman during the late war. There was no objection.
Mr. DAWES. Mr. Speaker, as a reason for offering that resolution I communicate to this House certain information which I received in a letter from a highly respectable citizen of NewYork. I ask the letter to be read only so far as I have marked it.
The Clerk read as follows: “Jacob Miller, a German, residing in this town, a man of respectability, with whom I have been acquainted, for several years, has a brother by the name of Henry Miller, who resided in SCarolina at the time the rebellion broke out, and as he did not wish to join the rebels he concealedhimself to avoid being impressed, but was discovered and forced into their army. When General, Sherman passed through, he desertedfrom themand joined the Union army; he informed GenlSherman that in a certain stores, ammunition, and horses were concealed. GenlSherman detailed 60 men who woro pioi Miller to the place and the property was secured. Mr. Miller, together with his wife and children, were then sentforward by GenlSherman at the expense of the Government to this town, where they remained until the war was over; his wife then returned to the South (she being a southern woman), to look after their affairs; he farming, whereby soon followed and commenced he earned a few 100 dollars. A short time since he wasarrested as a deserter and a {{ m'. employed 2 lawyers to defend him, giving them all his money was tried, convicted, and sentenced to be hung on the 4th of next month, and he now lies in the jail at Waterboro’, SCarolina, awaiting his fate. So states the letter his brother received from him today, and he asks him to and seehim for the last time before he come is executed.”
Mr. DAWES., Mr. Speaker, before the question is put I desire to state it is due to the POTUS I should say that on the receipt of that letter on Saturday in the absence of the SecyWar, I caid upon the President, and at my suggestion he telegraphed to GenlSickles to investigate. the matter and report to him. I have received from the President this moment a telegram from GenlSickles, in which he states he is investigating the matter; but I observe the man is indicted under the charge of highway rob bery, so it seems this act of his has been transformed, so as to conform to the laws of SCarolina, into a charge of highway robbery. I, deem it a matter of so great importance, although the President has caused investigation to be made, as that the committee charged with the investigation of a kindred matter should also investigate this and report to this House. I hope there will be no objection. I have had put into my hand a copy of a letter from Mr. Miller himself to GenlSickles, substantially affirming the facts I have communicated to the House.
Mr. HALE. I suggest whether the language of the resolution should not be changed. It spe cifies that he now lies in jail on the charge of being a spy. It should be amended so as to add, i on the pretense of highway robbery.”
Mr. DAWES. I modify the resolution according to the gentleman's suggestion. I will say that the letter from which an extract was read is dated from Saugerties.
Mr. MAYNARD. If my friendfrom massachusetts will allow a suggestion: I do not know that his resolution can be made any more extensive than it is, but I apprehend that this inquiry ought to go beyond this individual case. I am inclined to believe that this is merely a representative of a class of cases; that a great number of men, not only in SCarolina but in other parts of the South, who as sisted our cause during the war have, since the termination of hostilities, been held amenable for civil offenses. One instance I will give. It will be recollected by the Gentfrom Massachusetts [Mr. DAWEs] that I formerly had a colleague on this floor from the 1st dis. trict by the name of Nelson. A son of hi just at the close of the war, went upon a rai into NCarolina along with General Stone man. While there in the discharge of his duties as a soldier he took the life of some party, for which since the war has ended I understand his person has been demanded by the governor of NCarolina from the Governor of Tennessee. I see that the Legislature of NCarolina has recently passed a law condoning all such offenses whether committed by federal or, as they express it, confederate forces. It is time that sort of thing should be stopped; that men who rendered assistance to the Union Army through the South under the orders of our officers should not be annoyed by prosecutions of this kind for civil offenses.
Mr. DAWES. If the gentleman will specify any particular case, I will accept a.tion of the resolution by giving the committee jurisdiction over it.
Mr. MAYNARD. Perhaps the genueman will extend the scope of his resolution so as to authorize the committee to bring in any appropriate legislation.
Mr. DAWES. I suppose that is covered by the original authority. The resolution proposes that they investigate under the powers conferred upon them. I will necept any modification enlarging the scope of the resolution.
Mr. MAYNARD. I suggest that the committee be allowed any legislation that they may deem appropriate.
Mr. DAWES. I will add “with such recommendation as they may deem proper.”
Mr. MAYNARD. Very well. The resolution, as modified, was agreed to. SOUTHERN WAR CLAIMS.
Mr. DELANO, by unanimous consent, introduced a bill to declare the sense of an act entitled “An act to restrict the jurisdiction of the Court of Claims, and to provide for the payment of certain demands for quartermaster stores and subsistence supplies furnished to the Army of the U.S..
Mr. DELANO. Is it in order to put this bill on its passage?
The SPEAKER. It is, under the operation of the previous question.
Mr. DELANO. I then move the previous question.
Mr. LeBLOND. I reserve my right to object. The bill was read. It enacts that the provisions, chapter 240, of the act of the 30 8th Congress, 1st session, approved July 4, 1864, shall not be construed to authorize the settlement of any claim for supplies or stores taken or furnished for the use of or used by the armies of the U.S., nor for the occupation of or injury to real estate, nor for the consumption, appropriation, or destruction of or damage to personal property by the military authority or troops of the U.S., where such claims originated during the war for the suppression of the rebellion in a State declared in insurrection by proclamation of the POTUS or in a State which by an ordinance of secession attempted to withdraw from the U.S. Government, provided that nothing herein contained shall repeal or modify the effect of the JtResolution of Congress passed July 28, 1866, extending the provisions of the said act of July 4, 1864, to the loyal citizens of the State of Tennessee.
Mr. LATHAM. I object to its consideration.
Mr. DELANO. I move to suspend the rules for the purpose of considering the bill. The motion was agreed to. The bill was accordingly read a 1st and 2nd time.
Mr. DELANO. I, demand the previous question on the 3rd reading.
Mr. f.ATHAM. Tsuggest a modification to include the counties of Berkeley and Jefferson, of WestVirginia, which were added to that State by act of Congress at the last session.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross; and being engrossed, it was read the 3rd time. Mr. DELANO. I call the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. LATHAM. I ask for the yeas&nays on the passage of this bill. E BLOND. I would be glad to hear from my colleague [Mr. DELANo] some reason for the e of this bill at this time. Mr. WASHBURNE, of Illinois. The bill shows it. I object to any further debate. The question was upon ordering the yeas&nays; and being taken, upon a division tvhoetrineg were ayes 21, noes 89; not one 5th in the affirmative. Before the result of the vote was announced, Mr. LATHAM called for tellers upon the question of ordering the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. The question recurred upon the passage of the bill. Mr. TAYLOR, of Tennessee. I move to lay the bill upon the table, and upon that motion I call for the yeas&nays. Mr. LATHAM. I call for tellers upon ordering the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. The bill was then passed. Mr. DELANO mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. John W. Roosey, its Secretary, informed the House that the Senate had corrected the errors in the engrossment of the amendments of the Senate to house bill No. 876, making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes, and now returned the same to the House for its concurrence. PENSION APPROPRIATION BILL.
Mr. STEVENS, from the ComAppropriat, reported a bill making appropriations. for the payment of invalid and other pensions of the U.S. for the year end:ing June 30, 1868; which was read a 1st and 2nd time, ordered to be printed, referred to the ComWhole, and made the special order for Friday, the 4th of January next, after the morning hour, and from day to day until disposed of.
Mr. WASHBURNE, of Illinois. I reserve the right to raise points of order on this bill when it shall come up for consideration. CONSULAR AND DIPLOMATIC BILL.
Mr. STEVENS, from the ComAppropriat, also reported a bill making appropriations for the consular and diplomatic expenses of the Government for the year ending June 30, 1868, and for other purposes; which was read a 1st and 2nd time, ordere to be printed, referred to the ComWhole, and made the special order for Friday, the 4th of January next, after the morning hour, and from day to day until disposed of.
Mr. WASHBURNE, of Illinois. I reserve all points of order on this bill, when it shall come up for consideration. INCREASED ComPENSATION of CLERKs, ETC. On motion of Mr. STEVENS, the ComAppropriat were discharged from the further consideration of sundry petitions of the clerks and civil employees in the Executive Depts, for an increase ofcompensation,the same were referred to the ComWays&Means. AGRICULTURAL COLLEGE SCRIP.
Mr. JULIAN. I move that the rules be susended in order to enable me to introduce or consideration at this time a JtResolution relative to the issue of agricultural college scrip to the States lately in rebellion. The JtResolution was read for information. It directs that the further issue of agricultural college scrip to any of the States lately in rebellion shall be prohibited until they shall be fully restored to their rights as States by Congress.
Skip Skip Mr. ELDRIDGE. I call for the yeas&nays on the motion to suspend the rules. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 87, nays 32, not voting, 72; So the rules were suspended; and the JtResolution was introduced and read a 1st and 2nd time. The question being on ordering the JtResolution to be engrossed and read a 3rd time, Mr. JULIAN called for the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution, being engrossed, was read the 3rd time and passed. Mr. JULIAN mtRtv the JtResolution was passed; upon the table. agreed to. PROTECTION OF LOYAL CITIZENS.
Mr. McKEE, by unanimous consent, introduced a bill to protect loyal persons in the States lately in rebellion, including the States of Maryland, Missouri, and Kentucky; which was read a 1st and 2nd time, and referred to the ComJudiciary. ProTECTION OF Freedmen.
Mr. SCHENCK, by unanimous consent, submitted the following resolution: Whereas the following, purporting to be an official advertisement, appeared in the public prints of day the as copied from one of the newspapers of Maryland: “Public Sale. the undersignedwill sell at the courthouse door in the city of.at 12 o’clock m. on Saturday, 8th December, 1866, a negro man named Richard Harris, for 6 months, convicted at the October term, 1866, of the Anne Arundel circuit court for larceny, and sentenced by the court to be sold as a slave. Terms of saic cash. “WM. BRYAN, "Sheriff Anne Arundel county. “DECEMBER 3, 1865.” Therefore, resolved, That the Committee on Judiciary the be instructed to inquire whether such conviction and order of sale occurred as stated in advertisement; said and if so, whether such proceeding is not in direct conflict with the Constitution of the U.S and with the act “to protect all persons in the U.S. in their civil rights and furnish the means of their vindication;”, and that if in their opinion the Constitution and the actre ferred to inquire have been violated, the committee further whether any steps have been taken by the POTUS to prevent such outrages; and thatsaeindfocrocmetmheittleaewhaanvde power to send for personsand papers and to report to the House at joy any time what action they may decrim and proper for Congress to subject. take on the ww.
Mr. STEVENS. Mr. Speaker, I desire to make a single suggestion before the vote be taken on this resolution. I wish simply to suggest whether the inquiry proposed should not be enlarged. It will be recollected that in the constitutional amendment abolishing slavery, it was provided, perhaps unfortunately, that there should be no slavery “except in punishment for crime of which the party should be duly convicted.”. Now, sir, Maryland is not the only State of the South that under the exception I have mentioned has taken occasion to pass laws providing for selling freedmen into slavery. It is not many weeks since 2 persons a very respectable gentleman and his wife called at my room to say that they had just come from Florida, the gentleman havin en engaged in the revenue service there unti it became too warm for them and they came away. They informed me that the day before they left they saw 7 negroes, sold into slavery at public auction, some of them for 7 years; and that they saw several others whipped with stripes upon the naked back at the whip:ing post under the discriminating laws of . Now, sir, there are laws all over the South which provide for taking up these people on charges of vagrancy and other things of that kind and selling them into bondage as actual as any that ever existed there, though not perhaps to the same extent. f think that while N we are inquiring we had better enlarge, the scope of the inquiry, so as to extend it to all the southern States, all the former slave States. While on this subject I may say that Maryland, although near to the free States in geographical position, is more bitterly imbued with the old virus of slavery than any of the southern States that have been conquered.
Mr. STEVENS. No, I think that Maryland is worse even than Kentucky. Sir, in the State of Maryland 100,000 white men, in that portion of the State where the slave population formerly abounded, exercise equal political power with 600,000 in the free portion of the State. This being the case, there is in my judgment no such thin as a RFG there; an I hope that some Gentfrom that State or some other member of this House will, before this Congress shall adjourn, present some proposition which will give to Maryland a RFG, apportion her representation upon the basis of population, and modify her laws so that men shall not be sold into slavery almost within sight of this Capitol. I have thought proper to make these remarks because I know how extensive this evil is.
Mr. GRINNELL. Are you in favor of admitting Georgia at this time?
Mr. SCHENCK. Whenever Congress is ready, and she has complied with all proper conditions, I will admit her. I see her in no such condition now.
Mr. SCHENCK. I move to suspend the rule so that the resolution may be considered.
Mr. ELDRIDGE. Has not the resolution, being debated, gone over under the rules? Mr. Speaker. It has not. The motion was agreed t;o and the rules were suspended.
Mr. SCHENCK. I have nothing further to add, and call for the previous question on the adoption of the resolution. At the same time if any gentleman will present a modification of the resolution making it broader in its scope, and that is thought advisable, I will withdraw the previous question for the moving of such an amendment.
Mr. LAWRENCE, of Ohio. following amendment: And said committee is also directed to report what legislation, if any, is necessary to protect loyal citizens in the enjoyment of life; liberty, and property that portion of the States declared to be in rebef. lon. In support of that I ask the Clerk to read an extract from the Loyal Georgian, of december 8, 1866, a paper published at Augusta, Georgia. Then I call for the previous question.
The Clerk read as follows: “We have from week to week given accounts of the murder of freedmen, and have stated that in no instance have the murderers been punished. white men are murdered by freedunen the murderers are sure to be punished. This is right. We hope that every colored man who is guilty of murder will be punished. The following is the account of the execution of a coiored man: “‘Execution. Henry Cheatham, a negro, was executed at Anderson on Friday last in the presence of an immense crowd of whites and blacks. “"It will be remembered that Cheatham, in conjunction with Dan Johnson, brutally murdered a outh, white named Geer, near Anderson, last January. e confessed his guilt.” Columbia SCarolinian. “At the late equal rights convention. held in Macon, the representing some 50 counties, reported 150 murders within the last ten months, and in no instance did the civil authorities attempt to bring the murderers to justice. “One woman was found with her throat cut from ear to ear, and her little child, less than a year old, eating the clotted blood from the wound. Another woman, in a 'delicate condition, ’ was beat to death and the child beat out of her. “We know that these murders are committed by villains, white villains, but they are no better than colored murderers. The latter are punished, the former are not.”
Mr. BINGHAM, I appeal to my colleague to make an exception in that amendment, for the reason, as I understood the reading of it, that it includes an organized State now represented on this floor.
Mr. LAWRENCE, of Ohio. I will modify it by excepting the State of Tennessee.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of Mr. LAw RENCE was agreed to. The original resolution, as amended, was then agreed to. Mr. SCHENCK mtRtv the resolution was adopted; upon the table. agreed to. official CRIMES AND MISDEMEANORS.
Mr. ASHLEY, of Ohio, offered the following resolution: Resolved. That a select committee to consist of 7 members of this House be appointed by Speaker whose duty the it shall be to inquire whether any acts have been done by any officer of the government of the U.S. which in contemplation of the Constitution are high crimes or misdemeanors, and whether said acts were designed or calculated to overthrow, subvert, or corrupt the Government of the U.S., or any dept thereof, and that said committee have power to send for persons and papersand to administer the customary oath to witnesses, and that they have leave to report by bill or otherwise.
Mr. ASHLEY, of Ohio. I demand the previous question.
Mr. ASHLEY, of Ohio. I move to suspend the rules.
Mr. BINGHAM. I would ask my colleague I move the whether it is not usual in resolutions of this sort, giving such extraordinary powers, to name the specific thing, or at least something that justifies the action of the House. The resolution as it stands embraces every civil officer in the U.S., and I suggest whether it is altogether wise in a resolution of this kind to notify the world that there is a grand inquest about to be held on all the officers of the U.S.
Mr. ELDRIDGE. I rise to a question of order. There is no subject before the House for debate.
The SPEAKER. The Chair sustains the point of order. The question is, “Shall the rules be suspended?”
Skip Skip Mr. FINCK. On that I demand the yeas&nays. The yeas&nays were ordered. The question being taken on suspending the rules, it was decided in the negative yeas 88, nays 49, not voting 54;. So 2/3rds not having voted in the affirmative the rules were not suspended. During the roll call, Mr. GLOSSBRENNER stated that his colleague, Mr. DAwson, had paired with
Mr. BRoom ALL. MURDER OF UNION SOLDIERS.
Mr. PIKE, by unanimous consent, offered the following resolution; which was read, considered, and agreed to: Resolved, That the select committee appointed on the 6th instant to investigate, the murder of soldiers, &c., Union be authorized at their discretion to proceed to, SCarolina to make the investigation directed by the House, and that ohave authority to employ a stenographer as clerk, and that the Sergeant at Arms be directed to pay the expenses of the investigation out of the contingent fund of the house. REMOVALS FROM OFFICE.
Mr. BENJAMIN. I call for the regular order of business.
The SPEAKER. The regular order of business is the consideration of House bill No. 664, for the regulation of appointments to and removals from office. When the bill was last under consideration it was ordered to be printed with the pending amendments.
Mr. WILSON, of Iowa. There is an amendment to the bill offered by myself and now pending. I desire to withdraw that amendment as the action of the House in striking out that portion of the bill relating to the heads of Depts renders it unnecessary. The amendment was accordingly withdrawn.
Mr. PAINE. I ask the Gentfrom Missouri [Mr. BENJAMIN] to withdraw his call for the regular order to enable me to offer a resolution for consideration at this time.
Mr. BENJAMIN. I withdraw the call. DIRECT TAXES IN REBEL STATES.
Mr. PAINE. I move to suspend the rules in order that I may introduce a resolution for the appointment of a select committee, and I will state to the House that it will be impossiblefor me to serve in any capacity upon the committee should it be or a resolution I desire to offer is as follows: Resolved, That a select committee of 5 be appointed, whose duty it shall be to inquire whether the laws of Congress enacted since the commencement of the late rebellion, providing for the assessment and collection of direct taxes in the late rebel States and for the seizure and sale of forfeited and abandoned lands and other property therein, have beenfaithfully executed, and to report to this House the results of their investigation, with the evidence taken thereon; that said committee have power to send, for personsand papers and to employa steno grapher as clerk; to hold their sessionsat Washington and such other places as shall in their judgment be most convenient for the performance of their du ties; that one of the assts of the Sergeant at: Arms of this House be ordered to accompany said committee; and that the expensesof said committee bedefrayed out of the contingent funds of this House.
Mr. BOYER. I ask for the yeas&nays on suspending the rules. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 104, nays 28, not voting 59; So 2/3rds having voted in the affirmative the rules were suspended.
Mr. PAINE. I now offer the resolution I have read, and upon it I call the previous question.
Mr. HALE. Does the resolution provide for the appointment of a stenographer and a clerk?
Mr. PAINE. No sir; of a stenographer as clerk.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. PAINE mtRtv the resolution was agreed to; on the table. agreed to. PEACE IN SOUTH AMERICA.
Mr. BANKS, by unanimous consent, from the ComForAffrs, reported the following preamble and resolution; which were read, considered, and agreed to: Whereas wars, destructive of commerce and in ious and prejudicial to republican institutionsed on between Spain and several of the South American States on the Pacific coast, and also betweenParaguay and Brazil, oand the Argentine Republic, on the Atlantic coast: Now, therefore, Resolved, That it be, and is hereby, recommended to the executive dept of the Government that the friendly offices of this Government, if practicable, be offeredfor the promotion of peace and harmony in South America. ReVOLUTION IN CANDIA.
Mr. BANKS, by unanimous consent, also submitted the following resolution; which was read, considered, and agreed to: Resolved, That the POTUS be requested to communicate to this House, if compatible deemed with the public interest, a oof any official correspondencewhich may have taken place relative to the revolution now in 8. in the island of Candia, a possession of the Ottoman Porte. Representation of GEORGIA.
Mr. ROGERS presented the credentials of E. G. Cabannis, claiming a seat as a Representative from the 4th district of Georgia; which were referred under the rule to the JtComReconstruction. DAMAGES FROM MoRGAN's RAID.
Mr. HILL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the SecyWar be requested to reinsefonrtmedtthoist, hHeoquusaertwehrmetahsetreraonfy tchlaeim U.S.citizens f'. '. of Indiana, for horsesor other property seized or received by the Government of nited the So: the raid of John Morgan through said State in the month of July, 1863, for the purpose of suppressingsaid raid and for the pursuit and cap ture of said Morgan; what number of horses were there seized, and what amount in value of other property for which such claims have beenmade; whether such claims have been paid, and if not, why not. A. P. FAUST.
Mr. ANCONA, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComRevPensions be requested to inquire into the expediency of granting to A. P. Faust the pension claimed by him as per his memorial and papers on file in the Clerk's office. PRESIDENT's MESSAGE. –
Mr. WASHBURNE, of Illinois, moved that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union and proceed to the consideration of the President's annual message. "he 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. WELKER in the chair,) and proceeded to the consideration of. the Presidents annual me. on which Mr. HISE was entitled to the OOt.
Mr. MYERS. I would like to ask the gentleman a question. In view of the statement just expressed by the Gentfrom Kentucky, I ask him whether, in his opinion, our legislation during the rebellion, while the southern States were unrepresented in congress, was illegal and is void.
Mr. HISE. If the gentleman will hear me through I will come to that. Do not be impa tient, if you please.
Mr. KELLEY. Will the gentleman permit a question?
Mr. KELLEY. I would like to ask the gentleman whether the territorial governments established under the administration of Washington were constitutional or not? “
Mr. KELLEY. Will the gentleman permit me to ask him a brief question?
Mr. HISE. Yes, sir. So Mr. KELLEY. I wish to inquire of the gentleman whether the Congress by which those 1st territorial governments were instituted was not to a large extent composed of gentlemen who had participated in the action of the convention. framed the Constitution; and whether Thomas Jefferson, the founder and the head of the States' Rights Democratic party, did not, instead of opposing the congressional government of the Territories as unconstitutional, submit the most important amendment perhaps that ever was made to any of those territorial acts, the provision excluding slavery from the territory northwest of the river Ohio, thereby o;those territorial governments as, in his judgment, constitutional?
Mr. HISE. Mr. Speaker, f do no wish to be drawn off at present into a discussion of the subject of slavery. I will say, however, that I cannot at present remember (for it is years since I examined the record, if I ever examined it) how the yeas&nays were made up upon the 1st proposition to institute under the authority of Congress political governments for the Territories.
Mr. FINCK. I would suggest to my friendfrom Kentucky, in answer to the Gentfrom Pennsylvania [Mr. KELLEY) that the amendment proposed by Mr. Jefferson was prior to the adoption of the Constitution of the U.S.
Mr. KELLEY. The gentleman is correct as to that particular proposition; but that does not affect the other portion of my ques.tion touching the of territorial governments by Congress.
Mr. HISE. The compact between the congress of the U.S and the State of Vir. guia in relation to the cession of the territory northwest of the river Ohio–I speak from my present recollection and I have not examined the subject for some years provided, not that Congress should organize Territories and institute territorial governments with no representation of those communities in Congress, but that the territory ceded should be formed into “not less than 3, nor more than 5 States, ” which should be admitted into the Union “on an equal footing with the original States in all respects whatsoever.” I do not recollect that that ordinance of 1787 contained any provision for the institution of territorial governments by Congress over the people who might go upon those lands and inhabit them. I acknowledge that the Congress of the U.S. had authority, under that clause of the Constitution to which I have referred, to provide for surveying those lands and bringing them into market and to specify the terms upon which they might be occupied and settled. All this may have been done; but the exercise of governmental power over people unrepresented is a thing foreign to our whole system of oi eral and State.
Mr. MAYNARD. Will the gentleman allow me to ask him a question?
Mr. HISE. if I yield, I hope the House will indulge me by setting aside the hour rule so as to enable me to conclude my remarks.
Mr. WENTWORTH and others. Certainly, we will do that., Mr. HISE. Then I yield to the gentleman with great pleasure.
Mr. MAYNARD. I do not wish to interrupt the gentleman without his cordial consent. The question I was about to propose was, whether the Gentfrom Kentucky assimilates the condition of the ten States now unrepresented in Congress to that of territory belonging to the Government that has never been organized into States.
Mr. HISE. I will consider that point when I come more directly to the question of representation.
Mr. MAYNARD. Very well, sir. I was going to make that the foundation of another question, but I will not press it.
Mr. MAYNARD. The gentleman has substantially answered the question I propounded a few moments ago, and which was preliminary to another, namely, whether, in case any State becomes deprived of all State government, all civil government, it can have any representation in Congress until that civil government is restored and reestablished? In other words, is not the existence of a valid State government the foundation of all right of representation in this body?
Mr. MAYNARD. The gentleman havin answered that question, if he will allow will propound a 3rd.
Mr. DRIGGS. Will the gentleman permit me to ask him a question?
Mr. DRIGGS. Does the gentleman hold that they were States 3 years ago?
Mr. HISE. Yes, sir, I do. I hold that “once a State always a State.” And here I do not mean to be misunderstood. I have always and under all circumstances been opposed to any attempt upon the part of any portion of the States to sever their connection with the other States. I have always insisted that such an attempt was wrong in theory and most inexpedient and injudicious in practice. Instead of ever favoring the severance of the States I have been, from the very earliest period of }". my political existence, ever since any knowledge of the character and framework of our institutions and Government, opposed to any severance of the States. I have looked forward hopefully to the period when this Government, qualified and limited as it is, with all its guarantees and rights, should be extended over the whole continent of North America, from the Gulf of Mexico to the Arctic ocean, from the Atlantic to the Pacific; when the whole continent, divided into States, would be members of our confederacy and all united together.
Mr. HILL. Will the gentleman allow me to ask him a single question?
Mr. HILL. I would ask the gentleman if he thinks that during the rebellion, say at the time of the battle of Stone River, Virginia, for instance, was entitled to representation here 2
Mr. HiSE. Twili toil the gentioman what I think of the right of representation of States that were in insurrection or rebellion. Or rather not the States, because the idea of a State rebelling, a State committing treason or being guilty of an offense and subject to indictment, prosecution, trial, and punishment, is an absurdity. You cannot look upon the condition of things that existed in this country dur,ing the war in any other light than that there were bodies of armed men in those States which for the time being controlled them. But they did not destroy the existence of the States; they did not destroy their political governmental organizations as States; but for the time being the interposition of force prevented the extension of the authority of the Government over them, and their power of availing themselves of their right to be represented in Congress. (of the hammer fell.
Mr. WENTWORTH. I hope the Gentfrom Pennsylvania [Mr. THAYER) will yield to allow me to move that the time of the Gentfrom Kentucky [Mr. His E] be extended?
Mr. WENTWORTH. I then make that motion, and I hope there will be no objection to it. No objection was made.
Mr. HISE. I thank the committee for the courtesy it has extended to me. I have no experience as a legislator; I have never served in Congress before; I have been sent here very much against my own inclination. While absent from my district I was presented to the people as a candidate to succeed Hon. Mr. Grider, my predecessor, and much against my desire I was elected. by oing therefore a new member, although an old man, I ask the indulgence of the committee to go on not now and conclude my remarks. I do not expect ever to be here again, therefore I want to be heard, and I know that I shall have no other opportunity except in ComWhole.
Mr. KELLEY. If the gentleman will yield, I will move that the committee rise, and the gentleman can have the floor when the committee shall sit again.
Mr. HISE. I am obliged to the gentleman, and will yield for that purpose.
Mr. KELLEY. I move that the committee now rise. The motion was agreed to. So the committee rose; and The SPEAKer having resumed the chair, Mr. wonreported that ific ComWhole on the state of the Union having had under consideration the President's annual message had come to no resolution thereon.
Skip Skip LEAVE OF ABSENCE. Mr. McRUER asked and obtained leave of absence for his colleague, Mr. Higby, for the remainder of this week. Mr. BERGEN asked and obtained leave of absence for his colleague, Mr. Goody EAR, until the 15th of January next. NewOrleans RIOTs.
The SPEAKER. The Chair has received a telegram from Mr. McCullough, appointed to fill a vacancy upon the select committee to investigate the riots in NewOrleans, stating that he will be unable to go. If no objection be made he will be considered as excused, and the Chair will appoint to fill the vacancy Mr. CHARLEs DENIson, of Pennsylvania. No objection was made. And then, on motion of Mr. HENDER SON, (at 4 o'clock p. m.,) the House adjourned.
@@@IN SENATE SENATE. TUEsday, December 18, 1866. Prayer by Rev. Thomas O. LINcolN, of will liamsport, Pennsylvania. The Journal of yesterday was read and approved. COMMITTEE SERVICE.
The PRESIDENT protempore o Mr. Buck ALEw to fill the vacancy in the ComClaims occasioned by the vote of the Senate excusing Mr. SHERMAN from further service upon that committee. credentials.
Mr. JOHNSON. I beg leave to present the credentials of
Mr. JOHN T. Jon Es, elected a senator of the U.S. from the state of Arkansas to fill the vacancy in the Senate from that State in the term commencing on the 4th of March, 1865. I move that they lie on the table. The motion was agreed to.
Mr. HOWARD. If my friendfrom Illinois will allow me I will refer him to the authority, if there be any authority for that mode of levying taxes. He will find it in the circular letter which the SecyState addressed to the various provisional governors in the rebel States some time in the month of June, 1865, directly giving it as his opinion that the provisional governor had authority to levy taxes for the purpose of paying his own expenses and the expenses of the Legislature that was about to be called o
Mr. TRUMBULL. Mr. President, I regret that the Senfrom Kentucky cannot rise above personal considerations in the discussion of questions in this body. I thank him for his personal kindness to me, and hope to be on terms of personal friendship with him while we occupy seats here; but I have never been guilty of indulging in a reflection upon the motives of Senators in their discharge of public duty here, and I am sorry that the Senfrom Kentucky is cast in such a mold that he supposes that when a brother Senator takes a particular course here it is done in reference to his personal standing. I think, sir, if I know myself, that I have been governed in my action in this body by a sense of public duty, and that there is nothing in my course to war rant the Senfrom Kentucky in casting upon me any such imputation as that of making a speech for the purpose of securing a reelection to the Senate. Sir, he may be cast in such a mold that he would do it; I am not. If my public course here is not such as to meet with the approbation of my constituents, I must take the consequences. I have not shaped it in reference to securing the personal approbation of my constituents further than a faithful discharge of public duty may be regarded as having that tendency; and imputation of the Senfrom Kentucky is wholly unwarranted.
The PRESIDENT protempore. The morning hour has expired.
Mr. DAVIS. I will just say a word in explanation to the honorable Senfrom Illinois by the indulgence of the Senate, not detaining them a minute. The honorable Senator best knows and he is the best judge whether, if he be animated by a desire to secure his reelection, he is animated by a dishonorable motive. I leave the decision of that question with him. I have nothing more to say. UNFINISHED BUSINESS.
The PRESIDENT protempore. The unfinished business of yesterday is No. House bill 828.
Mr. SHERMAN. A number of Senators have reports, &c., regular morning business, to make, and as the morning hour was consumed in debate I trust that a few minutes will be allowed for the disposition of that business. I therefore move, with the consent of the Senate, that ten or 15 minutes be allowed for the disposition of regular morning business in its order.
The PRESIDENT protempore. The Chair will be governed by the intimation of the Senfrom Ohio, unless objection be made, and receive reports, bills, &c., asing though the morn hour had not fo Mr. WADE. I 1 feel bound to object if there is anything that leads to argument.
Mr. SHERMAN. I mean simply the reg. ular morning business.
Mr. DOLITTLE. In relation to the motion to refer the petition presented by the Senfrom Illinois, I did not understand that it was disposed of, but the discussion on that was interrupted by the calling up of the unfinished business of yesterday:
The PRESIDENT protempore. It was so. PAPERS WITHDRAWN AND REFERRED. On motion of Mr. LANE, it was Ordered, That the memorial of John J. Anderson and John W. White, praying for compensation for cotton used for fortification purposes in the city of Nashville in 1862, be withdrawn from the files of Senate and referred to the ComClaims. the REPORTS FROM COMMITTEES.
Mr. SUMNER, from the ComForRel, to whom was referred the bill No. 475) to prevent and punish false and fraudulent representations to induce emigration to a foreign country, reported it without amendment.
Mr. SUMMER. I am also directed by the ComForRel, to whom was referred the JtResolution (S.R.No. 148) resenting the thanks of Congress to Cyrus W. field, to report it back without amendment and with a recommendation that it pass. i desire to state that, with the indulgence of the Senate, I should like to call up this resolution tomorrow morning in the morning hour, and put it on its passage.
Mr. SHERMAN, from the ComFinance, to whom was referred the petition of the Board of Trade of Detroit, Michigan, praying for an appropriation to defray expenses of transportation of articles from this country in tended for exhibition at the Paris Exposition, asked to be discharged from its further consideration, the subject matter having been already disposed of; which was agreed to. He also, from the same committee, to whom was referred the petition of William Schmoele, praying for the suspension or repeal of the i.act and the passage of a law by which the price of our public lands may be graduated, and the minimum price fixed at 5 or 6 dollars per acre, asked to be discharged from its further consideration, and that it be referred to the ComPubLands; which was agreed to.
Mr. VANWINKLE, from the ComFinance, to whom was referred a petition of citizens of Lynchburg, Virginia, praying that the Southern Institution for the Amelioration of the condition of the Deaf, Dumb, and Blind Negroes be exempted from taxation, as well as all articles manufactured therein, asked to be discharged from its further consideration, the matter having been provided for in the internalrevenue bill of last session; which was agreed to.
Mr. WILLIAMS, from the ComFinance, to whom was referred a petition of female employees of the Treasury Dept, praying for an increase of compensation, asked to be discharged from the further consideration of the subject, the subject having been disposed of at the last session; which was agreed to. He also, from the same committee, to whom was referred the petition of Mrs. Mary O'Connor, praying for the restitution of property in the town of Beaufort sold by the tax commissioners, or indemnity for the same, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to.
Mr. CATTELL, from the ComFinance, to whom was referred the petition of the Numismatic and Antiquarian Society of Philadelphia, praying for the promotion of numismatic science and antiquarian research, asked to be discharged from the further consideration of the subject; which was agreed to. He also, from the same committee, to whom was referred a petition of citizens of Pennsylvania, praying for an appropriation to build 2 new piers and repair the old wharves at Marcus Hook, on the Delaware river, asked to be discharged from its further consideration, and that it be referred to the ComCommerce; which was agreed to, BILLS INTRODUCED.
Mr. EDMUNDS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.479) to punish illegal voting in the DistCol, and for other purposes; which was read twice by its title o referred to the ComDistCol.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.480) to equalize the distribution of the currency of the national banks in the several States and Territories; which was read twice by its title.
Mr. POMERQY. This bill proposes to equalize the distribution of the currency of the national banks among the several States and Territories. When the 1st bill on this subject was originally passed, it provided that the currency be distributed among the several States.acertain proportion, but a subse:quent bill gave precedence to State banks, and in the State which I have the honor in part to represent we got almost none of the currency, because it was taken up by the State banks in the old States. This is a bill to equalize the distribution of the currency, and also to make an addition to the currency. I move that it be F and referred to the Committee on lilance. o The motion was agreed to.
Skip Skip MESSAGE FROM The hOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that the House concurred in the amendment of the Senate to the concurrent resolution of the House providing for an adjournment from the 20th of December to the 3d of January. The message further announced that the House had passed the following bill and JtResolution, in which it requested the concurrence of the Senate: A bill (H.R.No. 902) to declare the sense of an act entitled “ An act to restrict the juris diction of the Court of Claims and to provide for the payment of certain demands for quar termasters' stores and subsistence supplies oiled to the Army of the U.S.;” all A JtResolution (H.R.No. 218) relative to the issue of agricultural college scrip to the States lately in rebellion. PERSONAL EXPLANATION.
Mr. CRAGIN. I rise to a question of privilege. I was necessarily absent last week when the District suffrage bill was passed. Had I been present I should have voted for the passage of the bill. I wish to ask the unanimous consent of the Senate that my vote may be so recorded, if it is not inconsistent with the practice and rules of the Senate.
The PRESIDENT protempore. That question has often been made in the Senate, and under the rule of the Senate the Chair believes it has been uniformly decided that leave cannot be given. The Chair, however, will be corrected by the Senate if such is not the uniform rule. HOUSE BILLS REFERIEED. The bill (H.R.No. 902) to declare the sense of an act entitled “An act to restrict the juris diction of the Court of Claims and to provide for the payment of certain demands for quar termasters' stores and subsistence supplies furnished to the Army of the U.S., ” was read twice by its title and referred to the ComJudiciary. The JtResolution (H.R.No. 218) relative to the issue of Agricultural College scrip to the States lately in rebellion, was read twice by its title.
The PRESIDENT protempore. This JtResolution will be referred to the ComPubLands, if there be no objection.
Mr. POMEROY. I should. to have the resolution laid on the table and not referred to a committee at this moment. I think we can pass it without a reference.
The PRESIDENT protempore. The JtResolution will lie on table for the present. I ADMISSION OF NEBRASKA.
Mr. WADE. I move that the Senate now pool to the consideration of the unfinished usiness of yesterday.
The PRESIDENT protempore. No motion is necessary. It was only laid aside by unanimous consent. The unfinished business of yesterday is now before the Senate, being the bill (H.R.No. 828) to repeal section 13 of “An act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of rebels, and for other purposes, ” approved July 17, 1862.
Mr. wo. That is not the bill that we supposed was in order as the unfinished business. I. move, therefore, to postpone that bill and all other orders, and proceed to the consideration of the bill for the admission of the State of Nebraska.
The PRESIDENT protempore. This bill is before the Senate, and the Senfrom Maryland [Mr. Jon Nso N] is entitled to the floor upon it.
Mr. MORRILL. The Senfrom Maryland was a moment since called into the Supreme Court room, and he desired me to say, if this bill came up, that he wished to partici. pate in the debate upon it, but did not expect the Senate to interrupt the order of business on his account, and he would participate in it perhaps at some other time.
Mr. WADE. We supposed the bill for the admission of Nebraska was the unfinished business. If it is not, I move that all other business be laid aside and that we proceed to the consideration of that bill.
The PRESIDENT protempore. The question is on the motion of the Senfrom Ohio. The motion was agreed t;o and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.456) for the admission of the State of Nebraska into the Union; the pending question being on the amendment proposed by Mr. Brown, to insert at the end of the 2nd section the following proviso: Provided, That this act shall not take effect except upon the fundamental condition that within the State of Nebraska there shall be no denial of the elective franchise, or of any other rights, to any person by reason of race or color, and upon the further condition that this fundamental condition shall be submitted to the voters of the Territory of Nebraska at an election to be held on the 1st Tuesday of next. And at such election said voters shall declare their assent to or dissent from the condition aforesaid in such form as shall be prescribed by the Governor of said Territory. And all votes given at such election shall be returned to such Governor within ays from the day of canyass the election, who shall forthwith the same. And if a majority of such votes shall be for this condition the Governor shall certify that fact to the POTUS, who shall by proclamation announce the fact; whereupon, without further proceedings on the part of Congress, this act shall take effect.
Mr. WADE. This amendment contains a principle which I have been as earnest in advocating as any other member on this floor. I wish that principle prevailed over every State in this Union, and where it does not now prevail I trust it very shortly will. But still I have objections to it in this connection and as an amendment to this bill, for reasons that I do not now intend to consider at very great length, because most of what I wish to say on this subject I said on a former occasion when it was before the Senate. It was argued by the Senfrom Missouri and perhaps one or 2 other Senators, that there was a precedent for annexing such an amendment to a bill for the admission of a State, or an amendment limiting the power of the State when it should come into the Union; that there was such a precedent by what was called the Missouri compromise, Mr. Clay, I believe, on that occasion offered the provision which is cited as a precedent. That is my rec ollection of it, though I have not looked at it very lately. It was adopted; but I know that almost every eminent lawyer, jurist, and legislator, from that period to this, has sup: posed that that limitation was totally void, and yoid upon this reason, that all the States that have not committed treason must stand upon the same footing with regard to their relation to the General Government and their powers as States.
Mr. COWAN. I should like to ask the Senator how a State can commit treason.
Mr. WADE. That question has been sprung many a time and has no significance. A State in one sense is a certain territory, but really the people are the State; all the rest is bare territory, land and water. The people within the limits of what we call the territory are the State. But I do not turn aside for any such quibble as that. The people representing each State or constituting each State must, as has always been supposed, stand upon the same platform of equality with regard to all their powers and all their relations to the General Government. This doctrine has been asserted on this floor during the period of the Government, and I do not know that anybody has ever controverted it. Another kindred doctrine has been as uni versal and as unquestioned; and that is that the General Government has no power to fix the qualifications of voters in the several States. I mean all the time, those States that have been loyal and have never forfeited their rights. This amendment is not offered to alter the condition, as it is said, of a State in this Union, because Nebraska is a Territory seeking to be admitted into the Union as a State. That is very true; but, sir, does not the same doctrine apply to it that would if it were already a State? Will you do a vain and idle thing? For the moment you have attached that amend.ment and permitted the State to come in on that condition, if I am right in my reasoning, the next day she may alter her constitution and throw your amendment to the winds and fix the status of her own voters in her own way. oMr. BROWN. Will the Senfrom Ohio me to ask him whether, if that doctrine e true, he were to impose a restriction of this sort upon the States readmitted, that have heretofore been in rebellion, they could not do the same thing also; and how he distinguishes the power of the State thereafter in one case, and the power of the State thereafter in the other case?
Mr. WADE. That is a very pertinent question; and I propose to come to that without having my attention particularly drawn to it. I have been speaking of States that have never forfeited any of their rights; loyal States. The doctrine that I have asserted applies to them. I do not know that the Senfrom Missouri will question these principles as applied to the States that have never been in rebellion or in any way forfeited their rights. I do not suppose at this time of day we can do it. I know of no leader of political parties, I know of no jurist from the Chief Justice of the Supreme Court down to the judges of the county courts in the several States, that has ever asserted any other doctrine than that to which I have alluded. The Senfrom Missouri on a former occasion undertook, as did the Senfrom Massachusetts [Mr. SUMNERJ also, to show that I was inconsistent with myself; that I was asking the Senate to do an act inconsistent with what they had done on a former occasion, when we all voted to fix the elective franchise in this District. Why, sir, there is no analogy between the 2 cases at all. Our power of legislation over the DistCol is plenary and supreme. There is no doubt on that question whatever. It is given us by the Constitution of the U.S. The distinction that I make between that and this measure is barely this: that with regard to Congress passing a law to fix the qualifications of voters in a State that has not been inrebellion, we have no power whatever to do it; whereas our power to fix that status in this District is oplenary, and supreme; there is nobody to question it. There is, therefore, no analogy between the 2 cases whatever.
Mr. SUMNER. Will my friend allow me to call his attention to a point right there?
Mr. SUMNER. I will ask my friend whether or not, in his opinion, Congress may not in its discretion refuse to admit a State into the Union at a particular time? Is not that discretion in Congress? If so, I would ask, when would there be a better occasion for its exercise than at this moment with regard to Nebraska, when it comes here with a constitution in defiance of the principles of the DeclarIndep?
Mr. SUMNER. I hope you will vote for it always.
Mr. BROWN. Do I understand the Senator to say that if he had that vote to give over again now, from further investigation he would not give it?
Mr. WADE. It might be that I would give it with regard to that State, a slave State when she came here. I surely would not give it as a condition to fix upon a free Territory when she comes here. It may be that I was right when I applied my doctrine to a slave State guilty of treason, and that had no rights except such as of grace we saw fit to bestow upon her. In that view of it, my vote was exactly right, and if I differed with my brethren here I still think that my vote was right. But when }. come to apply the doctrine to another State having no more relation to that than light has to darkness, then, sir, I tell you frankly my vote would not be the same. I shall not vote to affix this qualification or this restriction upon the constitution of this State, because I know it is a mere technicality. I know the great principle for which we have so long contended will be infinitely further advanced by rejecting the amendment than by permitting it to defeat the admission of this most patriotic State. The Senator wanted to know how I could find any distinction between a State that had not forfeited her rights and one that had. If these southern States had never been in rebellion
Mr. BROWN. I beg the Senator's pardon. I do not wish to be understood as occupying any such ground. I can make a very clear distinction between States that have and States that have not been in rebellion; but where I desired the Senator to point out the discrimi nation was between States that have forfeited their rights and those that are not States at all, but in a territorial condition.
Mr. SUMNER. I should like to ask my friend just there whether, in his opinion, those governments down there are valid so that they can bind their States or become parties to a constitutional amendment?
Mr. WADE. I have thought of that. Nobody knows better than the Senator how strenuously, to the utmost of my ability, I contended against the constitutionality of these organizations even under Mr. Lincoln himself. Everybody who was here, cognizant of the doings of this senate, will bear me witness how I endeavored to anathematize this attempt by the executive arm alone, with only military power, to set up governments there without consulting Congress. The Senator knows what my opinions were then, and I assure him they have not changed since. The fact that these principles have been carried still further, and with more effrontery have been attempted to be forced upon Congress by AndrewJohnson, has not made them any more palatable to me.
Mr. WADE. It is perfectly evident to me that many gentlemen.found that States may commit treason and sympathize with trai tors; but the State itself being incorporeal, as Lord Coke says, having no soul (Mr. CowAN. Nor body) can neither go to heaven nor commit treason, nor go the other way that I know of. I said no such thing, however.
Mr. SAULSBURY. Will my honorable friendfrom Pennsylvania allow me to ask him a question?
Mr. SAULSBURY. I propose to ask a question of the honorable Senator, because I intend to discuss this question at some future day myself, and I wish to be enlightened by his superior wisdom. I ask the honorable Senator this question: when one of the southern States seceded from the Union and established an independent government, professedly independent and having the power to protect its citizens against the consequences of disobedience to the Federal Government, and the Federal Government not having the power to afford them protection, or failing to do so, did a citizen of one of those States, yielding obedience to the commands of his State under those circumstances, thereby incur the penalties of the crime of treason against the Federal Government?
Mr. COWAN. Certainly not, Mr. Presi.dent, no more than he would have incurred those penalties if he had been a citizen of a foreign State, no more than a citizen of Canada would have incurred them.
Mr. HOWARD. Who, then, did commit treason in a State?
Mr. COWAN. Those who could have been protected, only those; and I beg the country to note it, and I beg the country to observe i. there is where they must come sooner or ater.
Mr. HOWARD. Suppose they defied all protection, and did not ask for it at all, who then committed treason?
Mr. COWAN. They committed treason who defied protection, of course. But why should the }. Senator ask me that? Why should he attempt to traverse my answer in that way? I say to the honorable Senator that they who committed treason against the U.S. Government in levying war against it were those who made war against it, who conspired to make war againstit, when they were not under the exclusive authority of a State government which had the power to compel their obedience, and when they were not acting under her commands, and when, at the time, the U.S. Government was upon the ground, and ready, able, and willing to protect them.
Mr. HOWE. How is it with prisoners of war who were taken by the rebels, reduced to their sole control and authority; would they be justified in changing their flag and enlisting in the rebel forces?
Mr. COWAN. If they were compelled. I believe at one time in. life the honorable Senfrom Wisconsin was a judge, and I have no doubt a very good one; at least I am perfectly free to say that I should like to have tried cases before him. Now, let me suppose the honorable Senator presiding as a judge upon the trial of one of our soldiers taken prisoner by the rebels and compelled to bear arms against his country, would he allow him to be convicted of treason? To simply state the question is to answer it.
Mr. HOWE. I am so much of a judge yet that I think I can answer that question on the spot if it is submitted to me now.
Mr. HOWE. I would never hold any man guilty of treason for doing anything that he was compelled to do; but while that answers the question of the gentleman; I think it is fair to say that I hold it to be the duty of every citizen of the U.S. to die before he takes arms against his country.
Mr. COWAN. Mr. President, I bow in humble submission before the superior courage, patriotism, and magnanimity of the honorable Senfrom Wisconsin– “To die, and go To lie in cold obstruction, oawndnot where: to rot” the gentleman has not thought of death !
Mr. HOWE. If the Senator will allow me, I wish to say that I imposed that duty only upon those honest citizens of the U.S., all of whom know where they are to go when they die, not upon those who do not know where they are to go. [Laughter]
Mr. COWAN. Then the honorable Senator has news from that “Undiscovered ounty, from whosebourn No traveler returns.”
Mr. COWAN. Oh, no! I beg pardon now. There is such a thing as “too much of a good thing, ” you know. If the honorable Senator has reduced it to a certainty, I congratulate him, and I congratulate all the citizens to whom he addresses himself. All those who are elected and who are confirmed in the faith of course know where they are going exactly.
Mr. WADE. I wish you would not forget Nebraska. [Laughter]
Mr. HOWE. The Senator addressed a question to me just now which I should answer if I felt at liberty to engage in the debate with him, but I cannot consent to be catechized and then be stopped in the answer. If the Senator wants me to answer specific questions he must allow me to do so.
The PRESIDING OFFICER, (Mr. ANTHoNY in the chair.) It is in order.
Mr. COWAN. Then I propose to amend it, and I propose to amend it in a point vital as we have supposed I do not know whether it is or not to this Union; vital to its very existence. I propose to settle the question of the right to secede on the part of a State. Admit Nebraska tomorrow on the bill as it stands and you leave the question open. If you are to stipulate at all with her, now is the time to stipulate. Therefore, Mr. President, I shall move the following amendment to be added to the amendment of the Senfrom Missouri: Provided, and it is herebydistinctlyunderstood, That the people of the Territory of Nebraska when admitted as a State into the Union shall owe direct and personal allegiance, each one of them, to the Government of the U.S.; and that the said state of Nebraska shall not hereafter claim to have power or authority to convert the citizens of said State into foreigners or alien enemies, so that they may as a consequenceof crime be held and considered as such. We have heard a great deal about settling the question of secession and the right to secede and all that kind of thing. If this is made a condition on the admission of Nebraska, and it is expressly understood and provided so here, then there is an end of it; then on no pretext whatever can this State hereafter set up any claim or right to secede or right to control her citizens outside of the Union or to relieve them from their allegiance to the Union. I therefore offer the amendment.
Mr. WADE. The 1st meeting did not form a constitution; but that was not the reason, as I understood.
Mr. HOWARD. I desire to say a few words on the bill now before the Senate.
Mr. FESSENDEN. I suppose it is appa rent that this bill cannot be disposed of to night; and as it is somewhat important to have an executive session, I move that the Senate proceed to the consideration of executive business.
The PRESIDENT protempore. Does the Senfrom Michigan yield to the Senfrom Maine?
Mr. HOWARD. Yes, sir, for the ose of allowing an executive session to be
Mr. WADE. I barely wish to give notice that tomorrow I shall feel it my duty to urge this matter to a final decision, if I can possi bly. I, shall insist upon a final vote on the bill then. The motion of Mr. FESSENDEN was agreed to; and after sonne time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, December 18, 1866. The House met at 12 o'clock m. Prayer by Rev. A. WRIGHT, Chaplain at Fort Laramie. The Journal of yesterday was read. CORItECTION OF THIE JOURNAL.
Mr. BAKER. I rise to a privileged question. I desire to correct the Journal. The proceedings of yesterday, as just read by Clerk, the contain a error. I am represented as making the motion to lay on the table the resolution offered by the Gentfrom Illinois [Mr. Ross] relative to the taxation of Government bonds. I made no such motion. I see that according to the report in the Globe the Gentfrom Pennsylvania [Mr.THAYER] made that motion.
Mr. THAYER. The Globe is correct; I, made the motion.
The SPEAKER. The Journal will be corrected.
Mr. JULIAN. I desire also to make a correction of the Journal. I yesterday, after the passage of the JtResolution relative to agricultural college scrip, moved to reconsider and to lay the motion to reconsider on the table. That motion does not appear on the Journal as read.
The SPEAKER. The Chair is informed by the Clerk that the motion referred to is entered on the Journal although it was not read. EWACUATION OF MEXICO.
Mr. ORTH, by unanimous consent, submitted the following resolution: Resolved, That the POTUS be requested, if terest, not incompatible with the publig in: to communicate to this House copies of correspondence all on the subject of the evacuation of Mexico by the French troops, which has not here tofore been officially published.
The SPEAKER. This being a call for executive information, unanimous consent is necessary for its consideration on this day. There being no objection, the resolution was considered and agreed to. DESTRUCTION OF THE NEW IRONSIDES.
Mr. BRANDEGEE. I ask unanimous consent to submit a resolution, to which I think there can be no objection, as it relates to a matter of great importance to the Navy. The resolution is as follows: Resolved, That the ComNavAffrs be, and they are hereby, instructed to inquire into and report to this House all the facts connected with the destruction by fire of Ironsides, the iron clad war steamer New on the Delaware river, on the night of the 15th December instant, together with such recommendations by bill or otherwise as the facts shall in their judgment demand, with power to send for persons and papers and with leave to report at any time.
Mr. WASHBURNE, of Illinois. I am in favor of the adoption of this resolution; but I should like to hear from the Gentfrom Connecticut [Mr. Boj a statement of the facts connected with the destruction of this magnificent iron clad, one of the best we ever had in the Navy.
Mr. BRANDEGEE. Mr. Speaker, I shall make no statement at the present time. It is very evident to the House that this is a subject of importance to the Navy; a subject upon which the House and the country ought to be informed. I do not think that my friendfrom Illinois ought to ask me to make it certainly would be indecorous for me to make a statement upon exparte testimony such as comes through the newspapers. There being no objection, the resolution was considered and agreed to.
Mr. BRANDEGEE mtRtv the resolution was adopted; upon the table. agreed to. LOANS OF REPUBLIC OF MEXICO. On motion of Mr. WILSON, of Iowa, by unanimous consent, the ComJudiciary were discharged from the further consideration of the JtResolution (H.R.No. 168) for the protection of citizens of the U.S. in the matter of public loans of the republic of Mexico, and the same was referred to the ComForAffrs. JOHN P. GULICK., On motion of Mr. STEVENS, by unanimous consent, the ComAppropriat was discharged from the further consideration of the petition of John P. Gulick for compensation for services rendered to the U.S., and the same was referred to the ComClaims. CALL OF COMMITTEES. }: SPALDING. I call for the regular order.
The SPEAKER announced as the 1st business in order the call of committees, commencing with the ComElections, for the presentation of reports. RAILROAD FROM CALIFORNIA to NEWADA.
Mr. PRICE, from the ComPacificRR, reported back, with a recommendation that it do not pass, a bill (S.No.126) granting lands to aid in the construction of a railroad and telegraph line from the city of Placerville, in the State of California, to the most feasible point of intersection with the Pacific railroad in the State of Nevada.
Skip Skip The bill was laid on the table. Mr. WENTWORTH mtRtv the bill was laid on the table; upon the table. agreed to. OREGON RAILROAD.
Mr. PRICE. The committee have instructed me to offer certain amendments. In lines 22 and 23 strike out the words “as near as practicable to and not more than one mile above Vancouver City.”
Mr. WASHBURNE, of Illinois. I appeal to my friendfrom Iowa to postpone the consideration of this and all kindred bills till after the holidays. I desire to submit some considerations to the House in regard to railroad grantsshowing the unheard of and stupendous amountof public land we have already given away, and to urge the House to stop this thing if possible. I hope the Gentfrom Iowa will not press this now upon the House, but will give us time for consideration. I would not ask for it if it would interfere with the gentleman getting up his bill; but as it will not, butwill give e. time for consideration, I hope the gentleman will not decline my suggestion.
Mr. PRICE. Mr. Speaker, I will give the reasonsbriefly why I think that ought not to applyto this bill. The House will remember at the last session of Congress a bill grantin lands to the Oregon. California railroad wasreferred to the ComPacificRR, and after having been fully examinedwas reported to this House with the recommendation that it do pass; but the House thoughtproper to take it away from the ComPacificRR and refer it to the comPubLands. After being consideredin the ComPubLands it wasagain reported to the House favorably and the House passed the bill. Now, if gentlemen paid attention to the reading of this bill, they will see it is granting lands upon the same terms and conditions, with the same obligationsand restrictions precisely as that which passedthis House. This is a continuation of thatroad, a short piece of road to connect with Pugetsound, for which the House made a grant of lands at the last session. For these reasons it strikes me this bill shouldbe acted upon now as well as at any subsieq.uentperiod of this session, inasmuch as the interested in it are anxious it should e acted on, as it makes no new law, no new grant of land, being merely a continuation of what the House jat the last session at the recommendation of the ComPubLands and the ComPacificRR. For these reasons, sir, I am opposed tio t.he postponement. There is no good to be by it. It is so plain a case that I hope shall be permitted to perfect the bill now. Gentlemen cannot tell what it is until then.
Mr. WARD. I desire to inquire of the Gentfrom Iowa the amount of land it will take to answer the purposes of this bill.
Mr. PRICE. My recollection is 20 sections on each side of the road.
Mr. WARD. About how much does that make in all?
Mr. PRICE. I could answer it in a short time; it is a question of multiplication. I do not know the length of the road exactly, but I think it is about 100 miles. gentlemen will observe it may strike Admiralty inlet at 2 points.
Mr. WARD. Answer the question in general terms.
Mr. PRICE. The same amount of land per mile, with the same obligations and restrictions, as was recommended by the ComPubLands and the ComPacificRR to the road of which this is a continuation.
Mr. WASHBURNE, of Illinois. that amount of land?
Mr. PRICE. That would, I suggest, have been a more pertinent question at the last ssion when a bill was passed granting land for a railroad 400 mifes long than now, when a proposition is made for a road only one quarter of the length.
Mr. WASHBURNE, of Illinois. The gentlemanwill bear me testimony I have resisted to the extent of my feeble ability all these quandering grants of land. I intend to resist What was this and every other grant; and if the gentleman will give me time and opportunity to make a statement to the House of the amount of grants which Congress has already made to railroads, if it does not astound the country and the world then I will not oppose the efforts of my friend in this matter. And further
Mr. PRICE. Mr. Speaker, I want to perfect this bill if the gentleman will allow me. There are a few members in this House who take the floor whenever they please. [Laughter]
Mr. WASHBURNE, of Illinois. I will not take the floor from my friend unless he consents. [Laughter.
Mr. PRICE. do not think you will. [Laughter]
Mr. BAKER. Will the gentleman not yield for a single question?
Mr. PRICE. I certainly will, but I prefer 1st to perfect the bill.
Mr. BAKER. The question I wish to ask is this: is the gentleman able to recur to a single precedent for the chartering by congress of a railroad running through a State other than for military or postal purposes? I would like to have an answer to that question.
Mr. PRICE. I have already answered that by saying that this grant is upon the same terms and conditions precisely as those upon which this House gave lands for a road 4 times the length of this at the last session, and this is a continuation of the same road. If that is not a precedent then I do not understand what a recedent is. If gentlemen will only read the bill they will find that this contains precisely the same restrictions that were applied to the bill already passed at the last session. I now propose further to amend the bill by inserting in line 24, after the word “Territory, ” the words “and thence;” also in the same line after the word “of” by inserting “railroad;” also by striking outin lines 24 and 25 the words “travel and communication” and inserting the words “to and connecting with;” also in line 26 and 27 by “said;” striking out the words also in line 26, after the word “Oregon, ” to insert “railroad company;” also in line 27 by making the word “companies” read “company;” also in line 33 to strike out the words “by this act.” The amendments were agreed to.
Mr. HALE. I ask to have the bill reported as amended. The amended portion of the bill was read, as follows: And the said corporation is hereby authorized and empowered to lay out, logate, construct, furnish, and maintain a railroad and telegraph upon the most eligible route from Puget, sound or Admiralty inlet to a point on the Columbia river, in Washington Territory, and thence so as to form a continuous line of railroad to and connecting with the railroad and telegraph authorized to be constructed by the California and Oregon Railroad Company and the Oregon and California Railroad Company, between Puget sound or Admiralty inlet, in Woin. Territory, and the Central Pacific railroad, in the State of fornia, and upon the same terms, conditions, obCligaalitions, and restrictions, and with the same grants, privileges, rights, and benefits, in all respectswhat: ever, as are conferred and imposed upon the said California and Oregon companies.
Mr. PRICE. I have nothing further to say in reference to this bill, except to repeat what I have already stated before, that the bill proposes to grant land for the construction of a railroad which connects with a road which was authorized to be constructed in California. It proposes to grant lands under the same restrictions and conditions precisely that were applied to that company. It is nothing more nor less than a continuation of the Oregon and California railroad until it strikes Admiralty inlet. It is about one 4th the distance, if I am correctly informed, of the road that was authorized to be constructed and for which a grant of land was given at the last session. It contains the same grant of lands. If it was right to pass the bill at the last session after being considered very fully, then this bill cannot be wrong. If that bill was wrong, then this bill had better not pass. Myopinion is that the aid given to this company for the construction of this railroad will be amply returned to the government by the opening of the country and the facilities afforded to commerce and navigation.
Mr. WASHBURNE, of Illinois. Does the gentleman demand the previous question?
Mr. PRICE. I would like to have the bill acted upon.
Mr. WASHBURNE, of Illinois. It must be acted upon before it gets out of the way. The ok. The Gentfrom Iowa is still on the floor, and will state whether he surrenders it or makes any motion.
Mr. WASHBURNE, of Illinois. I now move to postpone the consideration of the bill until the 2nd Tuesday in January for the reasons I have given, and other reasons which I am ready to give.
Mr. ECKLEY. Will my friend give way to me to make a motion to refer the bill to the ComPubLands?
Mr. WASHBURNE, of Illinois. I will do that.
Mr. ECKLEY. I will say to my friendfrom Iowa [Mr. PRICE] that so far as I am concerned I have never been, as a member of that committee, opposed to such bills as this, Mr. of Illinois. My main object is to get further information, further time in which to examine this bill. The House will recollect that at the last session we passed a resolution calling upon the SecyIn terior, or the Commissioner of the Land Office, for some information in regard to the amount of land we have already appropriated for railroad purposes. That information we have not yet received, at least I have not seen it if it is contained in any of the public documents. I think it is important that we should know exactly where we now stand before we go any further in this matter. I hope, therefore, the Gentfrom Iowa [Mr. PRICE] will consent either to my proposition, without any further debate, for a postponement until the 2nd Tuesday in January, or that it should be referred to the ComPubLands.
Mr. PRICE. Well, if the Gentfrom Illinois [Mr. WASHBURNE] proposes to post pone it to a day certain
Mr. WASHBURNE, of Illinois. That is what I propose; and I do not propose a postponement for the purpose of killing this bill by indirection or delay, but I desire some further time to examine into matters which I think the House should understand in regard to this and other railroad grants. I propose to post pone the bill till the 2nd Tuesday in Jan uary next.
Mr. PRICE. And that it be made the special order for that day.
Mr. WASHBURNE, of Illinois. Very well; I will not object to that.
Mr. PRICE. And I hope the bill will be printed as it is an old bill and about out of print. p
Mr. WASHBURNE, of Illinois. The Gentfrom Iowa charged with the care of this bill has consented to its postponement till the 2nd Tuesday of January next.
Mr. WASHBURNE, of Illinois. Certainly he did. I trust the House will agree to its postponement. I wish to address the House on this question and I do not intend to take up time with a buncombe speech. It is a matter of importance.
Mr. BIDWELL. I wish to ask the Gentfrom Illinois to sum up the total number of sections of land granted to the railroads heretofore, and bring it up as an argument against this bill.
Mr. WASHBURNE, of Illinois. be one of the arguments.
Mr. BIDWELL. I would like to know how that can be made a charge against this bill long after the grants have been made.
Mr. THAYER. I rise to a point of order. I think the limit of debate which a motion of this kind admits is about exhausted.
The SPEAKER. The Chair sustains the point of order. The Digest states that a motion to rol. admits of very limited debate. The Chair therefore rules that the debate must be restricted to a very narrow limit.
Mr. PRICE. Will the Gentfrom Cal That may ifornia vield for a moment?
Mr. PRICE. I have been asked what part of this road was to be located in a State. I was not then able to answer the question. I now have the information. This road to the extent of 6 or 7 miles is in Oregon; the balance of it is in Washington Territory.
Mr. INGERSOLL. Will the Gentfrom California yield to me?
Mr. INGERSOLL. As my colleague h moved to postpone this bill, and uses as an argument against it the great quantity of public land granted by the Government to railroads heretofore, I suggest to my friendfrom California to admit for the sake of the argument that 2,000 million acres have already been granted, or 200,000 million if you please; no matter how much, the more the better. i.BIDWELL. More than there is on the globe.
Mr. DAWES. I raise the point of order that this debate is not allowable under the rule.
The SPEAKER. The Chair sustains the int of order.
Mr. BIDWELL. The motion is to postpone. Well, sir, let us have the sense of the House upon it. If it decides to postpone, it will be almost tantamont to referring it to another committee. If it is only for the purpose of getting more information, I certainly would have no objection to a postponement, because I do not desire to have the act blindly.
Mr. HENDERSON. I wish to say in answer to the question what part of this road runs through a State
Mr. HENDERSON. I want merely to say that none of it is in my State.
Mr. WASHBURNE, of Illinois. I desire to correct an impression which the Gentfrom California [Mr. Bidwell] seems to have got in regard to my motive in moving to post pone this bill and make it a special order. He must have misunderstood what I said. I said I desired to throw no obstacle in the way of its fair consideration. The only question is, shall we vote upon it blindly, or shall we postpone it and when it comes up again consider it fairly?
Mr. BIDWELL. The Gentfrom Illi Lois constantly repeats that he does not intend to throw any obstacle in the way, and at the same time he is always doing it. I aim willing to admit what he will state about the quantity of public land granted heretofore. He may have it printed as a part of his argument, if necessary, as against this bill; but I do want to take the sense of the House on this matter, and I therefore demand the previous question on the motion to postpone.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the motion to postpone and make the bill the special order for the 2nd Tuesday in January was agreed to ayes 74, noes 41. Mr. WENT WORTH mtRtv taken; upon the table. agreed to. CORRECTION OF THE JOURNAL.
Mr. LOAN. I see by the Globe that I am recorded as not voting upon the motion to suspend the rules for the purpose of considering the resolution introduced i. the Gentfrom Ohio oAs HLEY] to raise a special committee of 7 to investigate the conduct of Government officers. I voted in the affirmative to suspend the rules.
The SPEAKER. The Journal will be corrected accordingly. NATIONAL BAN to ACT.
Mr. HOOPER, of Massachusetts, by unanimous consent, offered the following resolution; which was referred to the ComPrintg under the law: Resolved.That an additional number of copies of bill No. 771, to printed amend the national bank act, be for the use of the House. MRS. AMELIA FEASTER.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported back senate bill No. 434, for the relief of Mrs. Amelia Feaster, of Columbia, SCarolina, with a recommendation that the same do not pass; and the bill was laid upon the table.
Mr. WASHBURNE, of Illinois mtRtv the bill was laid upon the table; upon the table. agreed to. HENRY WILLArd. Mr. WASHBURN, of Massachusetts, from the ComClaims, also made an adverse report upon the claim of Henry Willard for services as wagon master in the Army; which was laid upon the table. PATRICK BARRATT. Mr. WASHBURN, of Massachusetts, from the same committee, also made an adverse report upon the claim of Patrick Barratt for 90 ji.which was laid upon the table. SAr Ahi BONNINGTON. Mr. WASHBURN, of Massachusetts, from the same committee, also made an adverse report upon the petition of Sarah Bonnington for a pension; which was laid on the table. B. E. HAltfriSON.
Mr. WASHBURN, of Massachusetts, from the same committee, also made an adverse report upon the petition of B. E. Harrison, of LaGrange, Prince William county, Virginia, asking that the U.S. taxes paid by him be refunded; which was laid upon the table.
Skip Skip Mr. WASHBURN, of Massachusetts. I move that the petitioners in these various cases have leave to withdraw their papers. The motion was agreed to. Mr. WASHBURN, of Massachusetts. mtRtv these various petitions have been laid upon the table; on the table. agreed to. WASHINGTON CROSLAND.
Mr. SLOAN, from the ComClaims, reported back Senate bill No. 431, for the relief of Washington Crosland; and the bill was laid upon the table. E. E. SHED.
Mr. DELANO, from the ComClaims, made an adverse report upon the petition of E. E. Shed, of Eastport, Maine, for bonds in place of bonds burned; which was laid upon the table. REUBEN GRINELE.
Mr. DELANO, from the same committee, also made an adverse report upon the petition of Reuben Grinele, for bonds to replace those destroyed by fire; which was laid upon the table. JOHN MUNN.
Mr. DELANO, from the same committee, also reported back House bill No. 529, for the relief of John Munn, with a recommendation that the same do not pass; and the bill was laid upon the table. HENRY CLEWS AND COMPANY.
Mr. DELANO, from the same committee, also made an adverse report upon the petition of Henry Clews & Co., for the issue of a new bond in place of one lost; which was laid on the table. MARY STREET.
Mr. DELANO, from the same committee, also made an adverse report upon the petition of Mary Street, for compensation for property taken for the use of the U.S. Army; which was laid on the table. LIEUTENANT COLONEL FREDERICK A. SAWYER.
Mr. DELANO, from the same committee, also made an adverse report upon the petition of Brevet Lieutenant. ' Frederick A. Sawyer, asking pay for military services; which was laid on the table. OREGON LAND GRANT.
Mr. McRUER, from the CompubLands, reported back Senate bill No. 62, to amend an act entitled “An act granting land to the State of Oregon, to aid in the construction of a military road from Eugene City to the eastern boundary of said State, ” with a recommendation that the same do pass. The question was upon ordering the bill to be read a 3rd time. The bill was read at length. It appropri ates such odd sections or part of odd sections not reserved or otherwise legally appropriated within 6 miles on each side of said road, to be selected by the surveyor general of the State of Oregon, as shall be sufficient to supply any deficiency in the quantity of the former grant of land which for any reason was not subject to land grants within the limits designated in the former act.
Mr. McRUER. I can explain this bill in a few words.
Mr. WASHBURNE, of Illinois. I would inquire if the bill has been printed.
Mr. McRUER. It is a Senate bill. I do not know that it has been printed for the use of the House. Mr. Speaker, it is always customary in bills granting land to aid in the construction of railroads to provide that if the designated quantity of land is not found within the prescribed limits they may go a certain distance beyond those limits to make up the deficiency. The act of which this is an amendment was passed by a former Congress, and contained a grant of land of 3 sections per mile to aid in the construction of a wagon road through the will derness in Oregon. But it did not provide that if any portion of those 3 sections had been precmpted or otherwise appropriated the company might go beyond the distance of 3 mile from the road for the purpose of obtaining the designated quantity of land. Now, the object of this bill is to grant to the company the privilege of obtaining their designated quan tity of land within 6 miles of the line of the road if it cannot be obtained within a less distance. That is the whole ".of the bill. It grants no additional land, not an acre. I call the previous question on the passage of the bill.
Mr. WASHIBURNE, of Illinois. I hope the gentleman will not call the previous question on this bill. This is very curious legislation we are having here.
Mr. McRUER. I will yield the floor for a few moments to the Gentfrom Oregon, [Mr. HENDERSON]
Mr. HENDERSON. Mr. Speaker, I wish to make a very short statement in regard to this road. One terminus of it is at the town where I reside, and I am familiar with the history of the road. The citizens of that place and the vicinity felt such an interest in the construction of the road that they subscribed $100,000 to assist in its completion in addition to the aid furnished by the Government grant of land. But the money thus subscribed and the land which can at present be realized by the com: pany will be insufficient for the completion of the road, and it is necessary that the company be allowed to locate their land beyond the limit of 3 miles from the line of the road in order to make up the quantity originally intended to be granted to them. The 1st 150 miles of land is all occupied within the designated limit, and in the region of the Cas cade mountains, through which the road passes, the land is worthless. The company only ask that they may be allowed a range of 6 miles instead of 3 in order to make up the defi. ciency under which they now suffer. This road, when constructed, will be of immense value not only to that section of country but to persons traveling from the Atlantic States to the Pacific coast, as it shortens the route perhaps 150 miles.
Mr. MCRUER. now yield to the Gentfrom Illinois, [Mr. Who Mr. WASHBURNE, of Illinois. I ask my friendfrom California [Mr. McRUER) to consent to a postponement of this bill so that we may consider all these questions together. This is a question of granting lands, to use a technical term of the f. I Office, “in place;” and think that the views of the ComrGLO in relation to the very question raised in this bill, are such as should commend themselves to the judgment of the members of this House. I move that the further consideration of this bill be postponed until the 2nd Wednesday of January, so that it will come up immediately after the other bill of a similar nature, which has been postponed till the 2nd Tues day of that montH.R.McRUER. I do not yield for any such motion. This is a very simple question
Mr. WASHBURNE, of Illinois. The Gentfrom California may think this is a very simple question, and he may arraign me and others for undertaking to resist these efforts to appropriate the public lands for the benefit of private corporations; but, sir, I shall endeavor to discharge my duty to my constituents and to the country by opposing obills which seem to me improper. Now, sir, I desire to call attention to the views of the ComrGLO, as expressed in his report of last year, in reference to the very question raised by this bill. And, sir, it is a very important question whether the Government shall under such circumstances establish this precedent of allowing these companies to go outside of the original limits in cases where the quantity of land granted, or supposed to be granted, does not amount to so much as is claimed by the company. The ComrGLO says: "The question has been agitated asto the propriety of a change ".P. in, making grants in aid of construction of railroads by floats the or scrip in lieu of land indemnity in o: when the full complement is not found within the usual limits. In this connection, the result of such departure from the well established policy of the Government is an important consideration in view of the interests of homestead and preemption settlers. In reference to any such suggested general change of policy”
The SPEAKER, The morning hour has expired, and this bill goes over until tomorrow morning. employees IN coast survey, Etc.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyTreasury, transmitting, in accordance with the act of March 3, 1853, a statement of the names of persons employed in the Coast Survey, together with a statement of expenditures in said office; which was laid on the table, and ordered to be printed. SUPERINTENDENT OF PUBLIC PRINTING.
The SPEAKER also, by unanimous consent, laid before the House the 14th annual report of the Superintendent of Public Printing; which was referred to the ComPrintg, and ordered to be printed. ORDNANCE AND ORDNANCE STORES.
The SPEAKER also, by unanimous consent, laid before the House a communication from the SecyNavy transmitting, in compliance with a resolution of the House of the Gth instant, a statement of all ordnance and ordnance stores on hand; which was laid on the table, and ordered to be printed. DIRECT TAXEs, ETC.
The SPEAKER announced the following members as the select committee on direct taxes and forfeited lands created Mr. CoNKLING of NewYork, Mr. DoNNELLY of Minnesota, Mr. DAwes of Massachusetts, Mr. ScoPIELD of Pennsylvania, and Mr. HARDing of Kentucky. FOX AND WISCONSIN RIVERS.
Mr. SLQAN, by unanimous consent, introduced a JtResolution extending the time for the completion of the improvement of the Fox and Wisconsin rivers; which was read a 1st and 2nd time, and referred to the ComPubLands. CALIFORNIA CANAL.
Mr. BIDWELL, by unanimous consent, introduced an act granting land to aid in the construction of a canal in the State of California; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. DEATH OF SENATOR WRIGHT. A message was received from the Senate by Mr. ForNEY, its Secretary, notifying the House of the passage by that body of the following resolutions: Resolved, That the Senate has heard with deep sensibility the announcement of the death of Hon. WILLIAM WRIGHT, while a Senator in Congress from the State of NewJersey. Resolved, That as a memory testimonial of respect for the of the deceased the membersof the Senate will wear the usual badge of ays. mourning for 30 Resolved, That theseproceedingsbecommunicated o family of the deceasedby the SecySenate. Resolved, That as a further mark of respect to memory the of the deceased the Senate do now adjourn.
Mr. STEVENS. I do not know whether anybody desires the House should proceed to the consideration of those resolutions now.
The SPEAKER. The Chair understands they will be called up at 3 o'clock. For the present they will be laid upon the table. AMENDMENT TO THE CONSTITUTION.
Mr. STOKES. I ask unanimous consent to introduce a petition for an amendment to the Constitution.
Mr. ANCONA. I object. ferred under the rules. DISTCOL.
Mr. MAYNARD, by unanimous consent, introduced a bill to amend the laws of the DisCol which was read a 1st and 2nd time, and referred to the ComDistCol. MARY FITzp ATRICR.
Mr. WARNER, by unanimous consent, introduced a JtResolution granting a pension to Mary Fitzpatrick; which was read a 1st and 2nd time, and referred to the ComInvalidPens. ELECTION OF SENATORS.
Mr. HENDERSON, by unanimous consent, introduced a bill to amend an act regulating It can be reesterday: the time and manner of holding elections for Senators in Congress, approved o25, 1866; which was read a 1st and 2nd time, and referred to the ComJudiciary. PUBLIC LANDS.
Mr. FERRY. I present the following: To the Honorable the Senate and HoRep of the U.S.A. in Congress assembled: At a meeting of the Grand Rapids Labor and Land Reform Union, Association, held on the 7th instant in the city of Grand Rapids, in the 4th congressional district of the State of Michigan, the following preamble and resolution were unanimously adopted: Whereas there is now before Congress a proposition to make a large grant of the people's lands for the ostensible purpose of aiding in of the construction a railroad from SanFrancisco to Humboldt; and whereas, we, the members of the Labor and Land Reform Union of the city of Grand Rapids and we believe the whole laboring community firmly believe that the disposing of the public lands to spec ulators is detrimental to the financial, educational, civil, social, and moral prosperity of the whole peo: ple, and especially of the pioneer agriculturalist; and whereas the granting of theselands to panies railroad comis but an aggravated form of pendous evil: Therefore, the same stu CoItnegsroelsvsegdr.a Tnhtaintgwaenymloasntdsfoolermnly protest against a railroad from SanFrancisco to Humboldt, or any other railroad, or to dispose of the public lands in any manner whatso ever, except for homesteads to homestead seekers; but if Congress shall deem it advisable to encourage that or any other improvement, it shall be done by giving the proceeds of the lands, and not the fee of the soil, thus keeping the people's lands intact for the actual settler only. The paper was referred to the ComPubLands. LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. STEVENS moved that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. LAwrence, of Pennsylvania, in the chair,) and proceeded to the consideration of House bill No. 896, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 80th of June, 1867. The 1st reading of the bill for information was dispensed with.
The Clerk read as follows: For Congressional Globe, $35, 532.
Mr. LAFLIN. I move to amend by striking out $35, 532 and inserting $206,059, and to add thereafter the following items to be found in a subsequent part of the bill: For 24 copies of Globe and Appendix for each Member and Delegate of the 1st regular session of the 40th Congress, and 100 copies of the same for the House Library, $33, 592, or so much thereof as may be necessary. For paying the publishers. of Globe and Appendix, according to the number of copies taken, one cent for every 5 pages exceeding 3,000, including the indexes and the laws of the U.S., $15,000. For one complete set of Globe and Appendix for each Representative in Congress the 40th and each Delegate who has not received the same heretofore, $37, 500, For reporting and publishing proceedings in the Daily Globe, $28,000. For the usual additional compensation to the reporters of the House for the Globefor reporting the proceedings of the House for the 1st ." session of the 40th Congress, $800 each, And then to add, “the above items making up the aggregate of $206,059 above named.' I do this for the purpose of bringing into an aggregate sum the amount paid for the Globeso that we may see at a glance what the total expense is. This amendment does not propose in the slightest manner to change the amount paid to the Globe, but simply consolidates them. I presume that the chairman of the ComAppropriat will not object to this proposition.
Mr. MAYNARD. I would inquire of the chairman of the ComPrintg what is the annual aggregate amount that the Globecosts the Government.
Mr. LAFLIN. That it is the purpose of my amendment to exhibit. It is $206,059 in this appropriation bill. Whether this covers o the entire amount paid for the Globe I am unable to answer. This is the sum of the different amounts scattered through this appropriation bill.
Mr. MAYNARD. I was desirous of knowing whether as chairman of the ComPrintg the gentleman knew how much the annual expenses under this head were.
Mr. LAFLIN. I am unable to answer the gentleman, the question never having been referred to the ComPrintg. It costs that much at least.
Mr. MAYNARD. Mr. Chairman, this subject of reporting our debates and of publishing the Globe is one that has attracted the attention of a great many gentlemen who have been in Congress in former years. Many have been of the opinion that the publication of our debates ought to be performed as part of the general printing, that is to say, by the Government, in the same way as other Government printing. In other words, that this Globe news paper as a separate establishment is a fungus upon the Government which ought to be removed. I trust, therefore, that the amendment which has been proposed will be adopted, so that legislators can see how much the expense to the Government of this course is. Because as it has been the practice hitherto to divide up the amount into a great number of distinct items, one here and another there, unless a member has more time and opportunity than he usually has, he can have no conception of the amount of money that for many years has gone annually in that direction. I have long been of the opinion that the publication of our debates ought to be made under our own immediate direction and by our own printing establishment, and since we now have one which does the other printing for us, any action looking to that change will meet my approval, and i hope it will also meet the approval of the ComPrintg.
Mr. STEVENS. I do not know that there is anything very materially objectionable in the amendment. It does not alter the amount appropriated in the bill. But the mode of put ting in these items that has prevailed heretofore I believe to be the most convenient, namely, to keep the expenses of each House distinct from the other. We are now making appropriations for the expenses of the Senate; further along we have appropriations for the expenses of the HoRep. Weteep them separate, and I am not quite satisfied that the chairman of the ComPrintg is likely to gain anything by this motion. If we mingle the different items of the 2 Houses, I do not see welihow we are to separate them afterward. I rather think until further advised we had better keep the items as they are. If an arrangement can be made differently, I think it had better be made in some other bill and in some way so that the Comptroller and other officers of the Treasury can understand it.
Mr. LAFLIN. The ComPrintg have no object to secure by proposing this amendment independent of the object that I suppose is common to all the members of this house. We desire by this amendment to interfere in no manner with the terms in which this bill is couched, but simply, while we retain all the particular items that are now in the bill, to so arrange them that the aggregate can be easily ascertained. Therefore, inasmuch as the different items now contained in the bill are to be continued, I do not see how any embarrassment can possibly arise of the character suggested by the honorable chairman of the ComAppropriat. This amendment states that we are to pay for the Globethe sum of 2odd 1,000 dollars; describing just as this bill now describes the parties in whose interest and for whose benefit these different sums making up the aggregate are to be appropriated and expended. It does seem to me that the chairman of the ComAppropriat must acknowl edge that my amendment will greatly simplify the bill. As it now stands these items are scattered over a number of pages, and should anyone desire to ascertain the facts so as to enable him to give a proper answer to the question propounded to me by the Gentfrom Tennessee [Mr. MAYNARD a few moments since, he would be obliged to run through the entire appropriation bill, dig out item after item, and add them up for himself in order to determine what is the aggregate sum. I think if the chairman of the ComAppropriat will reconsider this matter he osee that my amendment will result simply in the convenience of members, and in no way operate against the interest or convenience of any party concerned. I hope the amendment will. adopted.
Mr. HALE. I wish to call the attention of my colleague [Mr. LAFLIN] to a fact which seems to fo escaped his notice; that is, that the amendment which he proposes makes this bill entirely inconsistent with its provisions; and to reach the end which he considers important it will be necessary to remodel the bill very materially. The portion which he proposes to amend is embraced under the “contingent expenses of the Senate.” Now, he proposes to have incor porated under that general head items which properly belong under the general head of “contingent expenses of the HoRep.” My colleague will therefore see that his amendment, if adopted, will lead to confusion. I suppose the gentleman has attained the end he had in view; simply to call the attention of the House to the large amount appropriated for the Globe. And having attained. object, I hope, in view of the inconsistency I have pointed out, he will withdraw his amendment.
Mr. LAFLIN. If the ComWhole will reserve to me the right, and if the chairman of the ComAppropriat will consent to it, to consolidate in one item the appropriations for the Globe for each House we will then have but 2 items, instead of a half a dozen items; and perhaps secure the object at which I aim.
Mr. STEVENS. I will consent to waive the immediate call for the previous question when this bill shall be reported to the House, and in the mean time the gentleman can prepare an amendment to meet his views.
Mr. LAFLIN. With that understanding I withdraw my amendment.
The Clerk resumed the reading of the bill, and read as follows: For reporting and printing the proceedings in Daily the Globe for the 1st session of the 40th congress, $21, 250.
Mr. MAYNARD. I would inquire of the chairman of the ComAppropriat [Mr. STEVENs] what are the data upon which he has reported the item just read by the Clerk?
Mr. STEVENS. We take it from the estimates, which are to be found in the “Book of Estimates, ” which every member has a copy Iof suppose.
Mr. MAYNARD. Does that item form a part of the contingent expenses of the Senate?
Mr. STEVENS. It is one of the items which are always put in the appropriation bill from year to year.
Mr. MAYNARD. The point is this: is this one of the items for the contingent expenses of the Senate?
Mr. MAYNARD. Then I understand that one of the items of the contingent expenses of the Senate is “for reporting and printing the proceedings in the Daily Globe for the 1st session of the 40th Congress, $21, 250.” Now, I do not find under the head of “contingent expenses of the HoRep” any appropriation for reporting and printing the proceedings for the use of the House..
Mr. MAYNARD. Now, sir, I do not understand the bill as the chairman of the Commit.tee on Appropriations understands it. I do not understand that this is one of the items of the contingent expenses of the Senate. Here are 4 different items in succession all relating to the publication of the Globe; but portions of them manifestly do not relate specially to the Senate. The appropriation for reporting and printing the proceedings in the i.Globe” seems to be introduced here without specially belonging in this place.
Mr. STEVENS. I think that this has been the form of this bill ever since the Globe has been published under the authority of Congress. I believe gentlemen will find on looking back that this is the form in which the bills have always been passed. The gentleman will find at the bottom of page 8 of this bill the appropriations for the House.:
Mr. MAYNARD. Nothing is said there, I believe, about the Daily Globe.
Mr. STEVENS. gentleman will find at lines 179 and 180 of page 8 this item: For reporting a Daily E. o. publishing proceedings in the That corresponds in form with the appropriation for the Senate in the portion of the bill we are now considering.
Mr. MAYNARD. I would like the chair man of the ComAppropriat to state why it is that only $28,000 are necessar to pay for reporting and printing the proceedings of this House while $21, 250, almost as much, are appropriated for the Senate, a body o;some 60 odd members, while here we have nearly 200. Why is it that the Daily Globe for the House costs so much less in proportion than it does for the Senate?
Mr. STEVENS. It always has been so. The expenses of the Senate have always been very much larger, in proportion to the number of members, than the expenses of the House. The contingent expenses for stationery, &c., are with the Senate much larger, in proportion to the number of members, than the contingent expenses of the House. But we do not resu.me to interfere with that matter. That always fixes its own allowance for compensation, for contingent expenses, &c., and this branch acquiesces.
Mr. STEVENS. Mr. Chairman, this only carries out the arrangement which we made with the late proprietor of this paper during his lifetime. H. '. always been continued from time to time and about the same amount that it is now. The amount of Congressional Globes it will be seen further on, is 24 copies for each member of the Senate and HoRep. There is an error in the printed bill, and instead of the 39th Congress it should be the 40th Congress. This bill appropriates 1st for reporting the ordinary amount, the same that has always been allowed ever since the arrangement with the Globe under Mr. Rives. Then we have the 24 copies for each member. It has been the number ordered and paid forever since I have been a member of Congress. There is nothing, unless the House desires to inaugurate a new system, at all involved in this bill which it is for the House to consider. It now only carries out the arrangement with the Globe, but if the House desires to establish a new system that is another question and ought to come in another form. As it stands between the proprietors and the House it is now and has been the custom for I do not know how many years to make these appropriations. I do not see how we can avoid in an appropriation bill making the appropriations, when they are to be made in advance just as they are in this bill. I hope, therefore, we shall have no general discussion in regard to the general question at this time, but that the matter will be left to be fully investigated hereafter.
Mr. LAFLIN. Mr. Chairman, I concur entirely with the chairman of the Committee Oil Aoi. in his view of the case, and I may concur to some extent with the views of the Gentfrom Tennessee, but at this time, with the limited knowledge I have upon the subject and with the knowledge that there is existing with the publishers of the Globe a contract, if not written, implied, which would authorize this expenditure by the government
Mr. MAYNARD. Will the gentleman let me ask him what evidence he has of that contract? I have heard a good deal of that contract, but I have never seen it and never saw ano who has ever seen it. –
Mr. WASHBURNE, of Illinois. Call for it, and let it be ordered to be printed.
Mr. LAFLIN. If the gentleman had no ticed my language he would have seen I said it is a written or implied contract, but for the purpose of relieving the House
Mr. MAYNARD. I heard the gentleman's statement. I want to know whether it is writ ten or implied. If it is written has he seen it, and if implied from what is it implied?
Mr. LAFLIN. I was going on to say that at a joint meeting of the ComPublic Printing this very morning, owing to a disagreement which existed between the Superintendent of Public Printing and the Public Printing Office and the of the Globe as to who should bear the expense of what is known in the printing trade “of folding and gather:ing, ” it became necessary for us to look up and examine into this contract. And, sir, proper measures have already been taken to unearth this contract, if such a contract exists. With the limited knowledge I now possess I am disposed to agree with the Gentfrom Tennessee that no such written contract does exist. But there was a certain act passed just at the close of one of our sessions, at what date I am unable now to say, which gave them a certain right, under which at least, they are exercising the right to publish the Globe. I wish to say here that, without attempting in any measure whatever to prejudice the interests of the publishers of the Globe, it is the intention of the ComPrintg to thor oughly examine into the nature of this contract, to examine into the expenditures which have been made in virtue of this contract either written or implied, and if in their judgment it shall seem proper any change shall be made either in the terms of that contract or any change made in the manner in which these debates are to be published, this committee will at the proper time make due recommendations. As I said before, I concur with the chairman of the ComAppropriat, that we are not in a proper situation to take the course suggested by the Gentfrom Tennessee,Ihope, therefore, his amendment will not be adopted.
Mr. MAYNARD. I wish the gentleman before he takes his seat would address himself to a point which he seems to have omitted in the remarks he has made. The objection that I made to this item was that it is a large appropriation for the reporting and printing in the Daily Globe. We already provide for publishing the Globe. we make large and sufficient appropriations for that. Now, what is the Daily Globe”. It is nothing more nor less than the Globe so far as our proceedings are concerned. In addition to those proceedings the Daily Globe publishes various other kinds of matter, adver tisements, &c., as other newspapers do. A fact was brought to my recollection which had escaped me when I was o before, that this one copy of the Daily Globe which is placed on our table every day is one of the 24 copies that we get as members. So I have been informed by a gentleman who professes to know better than I do about the matter, and when he stated it to me it accorded with my recollection on the subject. Now if that be true it is another additional reason why this should be stricken out. In any event we pay for the Globe a large amount. We pay for the reporting, and now here is another charge by which we are made to pay twice over for precisely the same thing; because the Daily Globe is nothing more nor less than the Globe in an unfledged or embryo state. The debates are 1st published in the Daily and then made up into the size of the Globe and published as we get them there.
Mr. BIDWELL. Will it be in order to move to postpone this bill until the chairman of the ComPrintg shall be able to make a thorough investigation into this subject?
The CHAIRMAN. That motion would not be in order.
Mr. STEVENS. All I have to say in regard to this matter is, that there is nothing new or strange in this. It is in precisely the language which we have used for 20 years past. It may be for the convenience of some members to break up the Globe and destroy it. I shall not object to that more than many others will. We have already made the appropriation for the expenses to be incurred this session. But if gentlemen find they can dispense with the Globe and break it up, I shall not complain more than some others will.
Mr. MAYNARD. We are now fixing it for the next Congress; fastening it upon us for 2 years longer.
Mr. STEVENS. Unless we can proceed faster than we have been doing, I must move that the committee rise, to enable me to submit a motion to limit the debate upon this bill in ComWhole by the 5 minute rule.
Mr. WASHBURNE, of Illinois. 1 think we can do that by unanimous consent.
Mr. STEVENS. If that can be done, I will not submit the motion. No objection was made.
Mr. COOK. At the last session of Congress the ComJudiciary were instructed by the House to inquire whether any contract, and if so what, existed between the Government and the publishers of the Daily Globe. That committee have had the matter before them, and have made some examination of it. It appears from that examination that on the 1st of March, 1847, the HoRep passed a resolution authorizing each member to subscribe for 12 copies of the Congres:sional Globe and Appendix. On the 4th of February, 1850, the passed a resolution authorizing each member to subscribe for 12 additional copies of Globe and Appendix. Under these 2 resolutions, which were without limit as to time, each member of the House has continued to be supplied with 24 copies of Globe and Appendix. The resolution of February 4, 1850, also provided that the publishers of the Globe should continue the daily publication of the proceedings of the House. The appropriations for Globe and Appendix have been made at each Congress since the passage of the foregoing resolutions. At the Fo session of the 34th Congress appropriations were made for reporting the debates of the 3/5th congress. Similar appropriations were made by the3 5th, 36 th, 37 th, and 38 h Congresses to pay for reporting the proceedings of the next Congresses. the appropriations made by the 38 h Congress were upon the condition that there after the proceedings of Congress should be published in the Daily Globe of the day subuent to the day such proceedings were had, and delivered to both Houses at the time of their meeting; which provision was to take effect at the then next session of Congress. The whole legislation of Congress seems to haveproceeded.the theory of a continuing agreement under the resolutions of March 1, 1847, and February 4, 1850.
Mr. MAYNARD. How was the Globe published before that time? It extends o: to 1835or 1836, I believe.
Mr. STEVENS. If the Gentfrom Illinois[Mr. Cook] will permit me, I will endeavor to answer the question of the Gentfrom Tennessee, [Mr. MAYNARD] The Annals of congress were reported by one of the editors and proprietors of the National Intelligencer for a great many years and published by him, and Congress purchased the volumes of him. I suppose all the members of Congress who werehere at that time have that work in their own libraries, except, perhaps, some who have sold their copies, which I am told was done in someinstances. The Annals of Congress were got up by the senior editor of the National In telligencer, one of the ablest reporters of that day. Globe and Appendix havetaken the place of that work.
Mr. COOK. By the provisions of chapter 250 of the laws of the U.S., approved July 4, 1864, section one, the SecySenate and the Clerk of the HoRep are directed to purchase from the publishers of the Globe and for each Senator, Representative, and Delegate in that and each succeeding con . one complete set of the Congressional lobe and Appendix from the beginning. the 'section provides that there shall be paid to the publishers of Globe and Appendix one cent for every 5 pages exceeding 3,000 pages for a long session, or 1500 pages for a short session, including indexes and the laws of the U.S. for that and each future Congress. The 4th section provides that the above provisions are upon the express condition that they may be abrogated by either Congress or the publishers of the Congressional Globe and Appendix by giving 2 years' notice. It seems, therefore, that there is a contract with the publishers of Globe and Appendix, which contract cannot be term inated except by giving them 2 years' notice. That seems to be the substance of the legislation hitherto No. this subject.
Mr. MAYNARD. Mr. Chairman, as I understand, the only thing in the shape of a contract that was brought to the attention of the comInittee was a resolution of this House adopted in 1847 authorizing members to subscribe for 12 copies of the Globe, and subsequent resolution authorizing subscriptions for 12 additional copies. There was also I believe, some subsequent legislation in the 38th Congress, which it is claimed goes to create a contract. I was not a member of that Congress, and my attention was not called to that legislation; but I was in Congress before the war when this question came up, and we were assured over and over again, as Weare assured now, that there was a contract obligatory upon us all. It would seem that this contract when it comes to be examined rests upon nothing more than, a resolution authorizing members to subscribe for 12 copies of the Globe, and a subsequent resolution authorizing subscriptions for 12 additional copies. It is time that this thing should be stopped, if we have any power to do it; and I trust that the ComPrintg will report some measure that will at least get this thing into our own hands; for as I have already said these appropriations for the Globe have been a fungus upon the Treasury ever since I have known anything about the proceedings of Congress, and the system bids fair, according to the present mode of legislation, to go on indefinitely through this and succeeding generations.
Mr. BANKS. Mr. Chairman, I do not believe that the printers of the Globe have any contract with this House that binds us. Our arrangement with them is certainly plain! written in the history of our legislation, and it ought to be regarded by us; but it is an ar rangement to subscribe for the Globe; and inasmuch as they print the proceedings at great length, we pay something toward the reporting. It is precisely such an arrangement as a man makes with any newspaper by subscribing for it and by paying occasionally for the insertion of matter which is of o:interest to himself. We ought not to be held bound to continue this arrangement in consequence of any such understanding as that. Now, I do not complain of the expense of this publication, as the Gentfrom Tennessee does; nor of the manner in which the reporting or publication has been performed; but in my opinion it is of the highest possible importance that the reporters and the publication of the reports should be under the exclusive control of the House; and whether it cost more or less, the House, in the exercise of one of its highest and most important privileges, should take into its own hands the direction of this matter. I hope that the suggestion of the chairman of the ComPrintg, which looks to this end, will be carried out. The question being taken on the amendment ef Mr. MAYNARD, it was not agreed to.
The Clerk resumed the reading of the bill, and read as follows: For one complete set of and Appendix for each Sentahteor Congressional Globe in the 39th Congress who has not already received them: Provided, however, That any Senator who has already, as a member of the HoRep, received a portion of a set of the Globe shall only be entitled to receive as such, Senator.the additional volumes required to complete one full set, $9, 375.
Mr. STEVENS. I move to amend by striking out in the 66th line, before the word “Congress, ” the words “39th, ” and inserting in lieu thereof the word “ 40th.” This amendment is to correct a misprint.
Mr. SPALDING. I think the member from Illinois is right. When some 2 years ago we attempted to distribute these copies of the entire Globe among members we did it as a favor to the publishers of the Globe. I understood they had this number of surplus copies on hand and that Congress would favor them by buyin. themand sending them around the country] we supposed it was as good aemode as any to let each member of Congress take one. I did not believe we were to establish a rule to inure for all time to come. I did not suppose this Globe was to be repeated year after year and the Government was to be subjected perpetually to the expense of furnishing each member of Congress with a copy., I am willing to retrace my steps if I was mistaken and go with the Gentfrom Illinois in putting on this limitation by way of proviso, that for the 40th Congress this practice shall 9e stopped so far as we have anything to do with it.
Mr. MAYNARD. Under the old law giving members 8 dollars a day, the compensation was clearly and manifestly inadequate, but congress, disliking to incur the odium of directly raising their salary, had by indirection been voting themselves a large amount of books, the Annals of Congress, the IRegister of Debates, the Globe, and various other books, estimated in the laws passed from time to time at so much a volume, and which amounted to from 12 to 15 dollars to each member. This was an indirect mode of doing what ought to have been done directly, that is to give members an adequate compensation. As a matter of fact, instead of taking these books the members were in the habit of comounding with the Clerk, or going through the ormality of receiving the books and then selling them back to him, pocketing something like 1,000 dollars each. I see a gentleman who was a member of Congress under that regime, and perhaps recollects something about what I have stated. I do not say he participated in it. Perhaps he did not. The 34th Congress passed a law changing the mode of compensation from a per diem to an annual salary, giving each member $3,000 a year, with the provision if thereafter Congress should vote books to individual members, the members who received those books should have them charged up against their sal ary and they should i. accounted for. We heard no more of books after that until the last Congress. The last Congress passed this legislation which has been referred to voting to members this supply of books I believe Globe and Appendix from the commencement, a full series. Whether the value of the books has been compounded with the Clerk I do not know, and perhaps it is not necessary to inquire, but after having our salaries increased from $3,000 to $5,000 it seems to me this further indirect compensation in the shape of additional books ought to be suspended. I think it ought to be suspended and that the paragraph should be stricken out.
Mr. HALE. I trust this paragraph will not be stricken out, and I think I can present to members of the House a single consideration that ought to weigh with them.
The CHAIRMAN. The motion is to add a proviso and not to strike out the paragraph. The amendment was again read.
Mr. HALE. I understood the Gentfrom Tennessee, before taking his seat, to move as a substitute for that amendment to strike out the paragraph.
Mr. MAYNARD. No, sir; I said it ought to be stricken out.
Mr. HALE. I have only to say this: the large majority of members of this House, it seems to me, have no occasion to interfere with this question. They are reelected to their positions here, they have no successors to. for, and I submit whether, eference and regard to the feelingws oitfhthPose. few on this side of the House or on the other, who have wrung from our constituents a reluctant consent that we be permitted to stay at home for the next Congress, we ought not to be allowed to do the handsome thing for our succeSSOrs. Rogo Mr. DAWES. I suggest to the gentleman whether, as a lawyer, he supposes a provision inserted here would be an obstacle in the way of any future appropriation.
Mr. HALE. I answer that I have not inserted any prayision, and it has not occurred to me that anything has been proposed on the subject that would be of the slightest effect. The question being taken on the amendment of Mr. FARNswortH, no quorum voted. Tellers were ordered; and the Chair appointed Messrs. FARNsworth and HALE. The committee divided; and the tellers reported ayes 53, "noes 45. So
Mr. STEVENS. I move to strike out “five” in line 1five and insert “six;” also to strikeout"$4, 380” and insert “$5, 256;” so that the item will read thus: 6 firemen at $240 each per day, $5, 256. There is another boiler added to the works which requires an additional fireman, making 1X.
The Clerk read as follows: For one complete set of Congressional Globe and Appendix for each Representative in the 40th and eachDelegatewho hasnot received the same heretofore, $37, 500.
Mr. COOK. I move to add to the foregoing the following: Provided, That notice isothat at the close of the 40th Congress the U.S. will Qfoormnginreastesiotnhael GPluorbeehaasned, oAfppoennedoixomfpolreetaecshe Steonfattohre, Representative, and Delegate provided for by the act approved July 4, 1864. The question being taken on the amendment, no quorum voted. Tellers were ordered; and the Chair appointed Messrs. Cook and FARNsworth.
Mr. HALE. I rise to a point of order. This amendment is not in order.
The CHAIRMAN. The point comes too late. The committee divided; and the tellers reported ayes 52, noes 46. So
The Clerk read as follows: ri.aFnosr, cmoemspseenngsaetri, oanndoflLaibborraerriasn,, $1f3iv, 6e8a0s.sistantlibra 3 20%. additional on the above, f
Mr. HARDING. I raise the point of order that there is no law authorizing the last appropriation of 20%.
The CHAIRMAN. The Chair is informed that there is a law and therefore overrules the point of order.
Mr. MAYNARD. Will the chairman of the committee tell us what is the basis of this appropriation of 20%. additional; whether this is the mode of increasing the sal aries of these functionaries or whether it has been already allowed by law?
Mr. STEVENS. It began, } think, since the war commenced.
Mr. MAYNARD. While the war was going on these things, I suppose, did not attract attention and went through the House without inquiry. I want to know if this is incorporated here for the 1st time.
Mr. MAYNARD. What is the amount of pay of these officers?
Mr. STEVENS. You will see it above “For compensation of Librarian, 5 asst librarians, messenger, and laborers, $13, 680.”
Mr. MAYNARD. I suppose they are now paid that sum.
Mr. SLOAN. I would like to know why the Chair overruled the point of order raised by the Gentfrom Illinois, [Mr. H.
The CHAIRMAN. The appropriation is in accordance with a law passed last session on the 28th of July. oMr. SLOAN. I am informed that that law to last year;
The CHAIRMAN. The Chair is informed that the law is a continuing one.
Mr. MAYNARD. I ask these questions in order to ascertain beforehand whether or not I will move an amendment. About ten years ago the compensation of the officers of this House was raised 20%. I am not aware whether the salaries of the Librarian and his assts were raised at that time or not. I will ask the Gentfrom Pennsylvania [Mr. STEVENs] if he can state whether at the time the salaries of the officers of this House were increased 20%. in the 34th Congress, the salaries of the Librarian and his assts were increased?
Mr. STEVENS. I do not think they were at that time.
Mr. MAYNARD. Then this ought to be left in the bill.
Mr. HARDING, of Illinois. I move to strike out the following item under the heading “Library of Congress:” For 20%. additional on the above, $2, 736. The amendment was not agreed to. The Clerk resumed the reading of the bill.
Mr. MAYNARD. I move to strike out the following, being lines 220 4, 225, and 226 of the printed bill: abFoovre, tw$e1n, 2t2y9%. additional allowance on the 16. I make this motion for the purpose of saying that I have now before me the act of the last session, concerning which I inquired some time since. Section 18 of that act provides “That there be allowed and paid to the officers, clerks, committee clerks, messeegers, and all other employees of the Senate and HoRep, and to the Globe and official reporters of each House, and the stenographer of the House, and to the Capitoi police, and the 3 superintendents of the public gardens, their clerks.assts, and to the Librarian, asstlibrarians, messengers, and other employeesof the Congressional Eibrary, an addi.tion of 20%. on their present pay, to commence with the present Congress.” That is the law that was approved on the 28th of July, 1866, and this item of course appears in this appropriation bill for the 1st time. I am satisfied upon reference to this law, as I was not before, that this item is proper and should be left in the bill. I with draw my amendment. The Clerk resumed the reading of the bill.
Mr. WASHBURNE, of Illinois. I move to amend the clause which reads: For payments of judgments which may be rend ered by the Court [of Claims] in favor of claimants, By adding to it the following: Provided, That no part of the money hereby appropriated shall be paid until the judgments of said court shall be confirmed by Congress.
Mr. STEVENS. I rise to a point of order. By the law as it now stands the amount of these judgments are to be paid upon the rend ition of the judgments and the presentation of the certificates to the Treasury Dept. This proviso proposes to repeal a portion of that law; it is entirely new legislation in an appropriation bill, and therefore out of order.
The CHAIRMAN, (Mr. LAwkENCE, of Pennsylvania.) The Chair overrules the point of order. The question was upon the amendment of Mr. WAshburn E, of Illinois.
Mr. WASHBURNE, of Illinois. I think the Gentfrom Ohio does not meet my point. This amendment does not imply any hostility to the Court of Claims. It proposes simply to require that court to send to us its judgments. We do not propose to take from the court, as the gentleman's argument would imply, the jurisdiction of an investigation.
Mr. BINGHAM. Certainly, if the amendment be adopted it contemplates that Congress shall affirm or disaffirm the judgments of the COurt.
Mr. WASHBURNE, of Illinois. I understand that; but it will not take from the court the right to examinejudicially into these claims. The court at present under our legislation has not only this right, but its award in any case, unless reversed on appeal to the Supreme Court, gives the party a claim upon the Treasury. Now, I do not believe that we have an right to confer upon the Court of Claims such jurisdiction without reserving to Congress, as the representative of the people and the guard ian of the Treasury, the power to disaffirm the judgments of the court if we see fit.
Mr. MAYNARD." Will my friendfrom Illi. nois allow me to ask him a question?
Mr. MAYNARD. Of what possible use is the Court of Claims if its judgments are to be referred to us that we may reconsider the cases and pass upon them?
Mr. WASHBURNE, of Illinois. Does the Gentfrom Tennessee know that this giving the Court of Claims complete and final jurisdictionin all these matters is an entirely new system; that until a very recent period we required that court to send all these cases here for us to act upon them? But by a law of very late date we have provided that this court may make up itsjudgments, and that the parties may obtain payment of their claims without ever coming to Congress at all.
Mr. MAYNARD. Certainly, I know that; and if the gentleman will allow me, I will ask him whether he does not know that for the very reason that the judgments of the court were required to be submitted. to us for our action, Congress became satisfied that the court under such a system was absolutely useless; that either it ought to be abolished altogether or its decisions should be made final, unless taken on appeal to the SCOTUS Was it not because of that feature which the gentleman advocates and seeks to revive, that a change was made and the present system. i.
Mr. WASHBURNE, of Illinois. Mr. Chair man, I do not know what reasons controlled the action of other members; but the consideration referred to did not influence me. always protested against abdicating to any infe rior court the proper jurisdiction of Congress, the highest court in the nation. I have always contended that we should retain the control of all these matters; that we should not put the whole Treasury of this nation into the hands of 5 men sitting as judges of the Court of Chaims.
Mr. STEVENS. Members of the House cannot have forgotten that for a number of years we tried the experiment of the system which the Gentfrom Illinois now proposes to revive. {. that system the Court . was really reduced to a committee of investigation, reporting to Congress their judgments, which had no force until confirmed by us. The result was that claimants were embarrassed. It was difficult to obtain action here upon claims however meritorious; and generally those claimants who had the most money succeeded best. We became satisfied that "one of 2 things must be done: either the court must be abolished or we must provide that its judgments, after having gone. all the forms (an appeal to the i.Court being allowed) should, like the judgments of all courts of com: petent jurisdiction, have the force of law and entitle the successful claimant to the amount awarded to him. We therefore repealed the provision which required the judgments of that court to be submitted to Congress, and declared that those judgments, unless reversed on appeal to the Supreme Court, should be final, and should be paid without any reexamination and confirmation by Congress. I think it would be extremely unwise for us now to restore the old system and require the judgments of this court to be submitted to Congress. I did not understand clearly the decision of the Chair upon the point of order which I submitted. I made the point of order that, inasmuch as this amendment proposes to repeal a provision of existing law, it is not in order on an appropriation bill. f suppose the Chair is aware that there is a law, providing that the awards of this court shall be paid upon the certificate being presented to the proper officer. lf there is any question as to the existence of such a law, I will ask the Clerk to turn to it. I make the point of order that you cannot in an appropriation bill repeal an existing law for the organization of that court.
Mr. WASHBURNE, of Illinois. It is too o: a the point of order has been once over rule (1. The CPIAIRMAN. The Chair has already decided that it is competent for the House to direct the manner in which the money shall be expended. {i. STEVENS. Am I at liberty to appeal from that decision?
Mr. STEVENS. Then I take an appeal from the decision of the Chair. The committee divided; and there were ayes 52, noes 35. So the decision of the Chair was sustained.
Mr. SLOAN. I hope the amendment of the Gentfrom Illinois will prevail. In my judgment the change which has been made in the law, so that instead of the judgments of the Court of Claims being returned to us for final action they are allowed on appeal to be taken to the SCOTUS, is not a judicious one. It is well known the business before the Supreme Court is already very large, and that the number of claims presented to the Court of Claims has increased enormously, so that it will be almost impossible to any extent under that law for the SCOTUS to investigate and determine these causes. Now, the Court of Claims, although their iudgments were referred to this House for. action, was by no ns a useless institution. We had the advantage of a judicial investigation. We had the advantage of the testimony being taken before that court and carefully analyzed and examined into. I trust the system in operation until the last Congress, of having the judgments of the Court of Claims referred to this House, will be continued. M. Scofiníj i believe my friendfrom Illinois is wrong for the 1st time.
Mr. WASHBURNE, of Illinois. I am obliged to the gentleman for his good opinion.
Mr. SCOFIELD. He is a great economist and saves the Government a large amount of money, but I believe he is on the wrong track this time. I believe a bad claim stands a better chance of success in any other dept of the Government than in the Court of Claims. It is hard to kill a bad claim anywhere, and it is easy to defeat a good one, and they are almost always defeated while bad ones almost always get through. But this Court of Claims is an open court like all others. Counsel are em: ployed to examine evidence and witnesses and to argue the case adversely. Every one who chooses can come in and hear the discussion of the case. It is all open. It is no room in one of the Depts where you slip into a clerk and tell him “these are clever fellows and the claim ought to go through.” It is no committee room in this House where you hear them alone, notimproperly, but still alone, because the opponents of the measure are not there. It is an open thing, and if there is anyone dept of the Government which can be trusted with claims it is that court. Therefore I shall vote against my friend's motion with some reluctance because he makes it.
Mr. BINGHAM. Will my friend allow me a portion of his time to make a statement?
Mr. WASHIBURNE, of Illinois. Mr. Chair man, in view of the message received from the Senate containing the announcement of the death of a Senator, I move that the committee do now rise.
Mr. BINGHAM. Yes, take a vote. The question being taken on the amendment of Mr. "WASHBURNE, of Illinois, no quorum voted. Tellers were ordered; and the Chair appointed Messrs. WASHBURNE, of Illinois, and BINGHAM. The committee divided; and the tellers reported ayes 13, noes 86. So the amendment was disa
Mr. STEVENS. I movetee now rise. The motion was agreed to, So the committee rose; and
The SPEAK having resumed the chair, Mr. LAwrenox, o Pennsylvania, reported that the ComWhole on the state of the Union, having eed to. at the commit, l had under consideration the state of the Union generally, and particularly House bill No. 896, making appropriations for the legislative, executive, and jiao. expenses of the Government for the year ending the 30th of June, 1868, had made sundry amendments thereto. IMPROVEMENT OF CONNECTICUT RIVER, Mr. DEMING, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComCommerce be instructed to inquire into the expediencyof an appropriation by the U.S. for improving navigation the of the Connecticut river. Fem.Ale CLERKS.
Mr. JULIAN, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComWays and Maans boe instfructed to inquire into the expediency of and requiring the appointment of female clerks in the executive dept of the Govern mueanlitficwaittihond, efinite instructions as to numbers and the wiyes, dauagnhdteinrs, emveortyhecarss, eagnidvinsigstperrescoefdseonldcieetros who fought to preserve the Union during the iate rebellion. SAMUEL C. Stiepp ARD.
Mr. TAYLOR, of NewYork, asked and obtained leave to withdraw from the files of the House the petition and papers in the case of Samuel C. Sheppard. NEW ORI, EANS RIOTS.
The SPEAKER. The Chair will ask the indulgence of the House to state that the Gentfrom Pennsylvania, Mr. DENIson, appointed to fill a vacancy in the select committee to investigate the riots at NewOrleans, is now suffering from an attack of illness, and his physician has forbidden him to leave the city. He asks to be excused from serving on the committee. If there be no objection, he will be considered as excused, and the Chair will appoint to fill the vacancy, Mr. BENJAMIN M. Boy ER, of Pennsylvania. No objection was made. DEATH OF SENATOR WRIGHT.
The SPEAKER laid before the House the following message from the Senate: IN THE SENATE of THE U.S., December17, 1866. Resolved, That the Senate has, heard with deep sensibility the announcement of the death of Hon. WILLIAM W RIGHT, while a Senator in Congress from thIeteSstoaltveedo, fTNhaetwaJsearseteys.timon ial of opo for the memory of the deceased, the members of the Senate will wear the usual badge of mourning for 30 “. led. That these proceedings be communicated .homily of the deceasedby the Secretary of the Resolved, That as a further mark of respect to the memory of the deceased, the Senate do now adjourn. Ordered, That the Secretary communicate these resolutions to the HoRep. Attest: J. W. FORNEY, Secretary.
@@@IN SENATE SENATE. WEDNEsday, December 19, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. TRUMBULL, from the ComJudiciary, to whom was referred the bill (H.R.No. 874) to regulate the duties of the Clerk of the HoRep in preparing for the organization of the House, and for other purposes, reported it with an amendment.
Mr. TRUMBULL. The same committee, to whom was referred the bill (S.No.69) to provide for the payment of pensions, which was returned from the HoRep with an amendment, have instructed me to report it back to the Senate with an amendment to the House amendment. It is desirable to have action on the bill now, if there be no objection.
The PRESIDENT protempore. from committees are still in order. Mr. HARRIS, from the ComJudiciary, to whom was referred the bill (H.R.No. 830) to fix the times for the regulal uleetings of Congress, reported it with an amendment.
Mr. MORGAN, from the ComFinance, to whom was referred the petition of the marine underwriters in the city of NewYork, praying for an appropriation of money sufficient to remove the iron steamship Scot land wrecked on the bar outside of Sandy Hook, asked to be discharged from its further consideration, and that it be referred to the ComCommerce; which was agreed to. He also, from the same committee, to whom was referred the petition of weighers of the cus toms in the port and district of NewYork, praying for an increase of compensation, asked to be discharged from its further consideration, the subject having been acted upon during the last session of Congress; which was agreed to.
Mr. POLAND, from the ComJudiciary, to whom was referred the memorial of the Chamber of Commerce of the State of NewYork, praying that the contents of documents formerly existing in the office of the clerk of the U.S. court for the southern district of Mississippi and which have been lost or destroyed by fire, may be proved by parol proof or by a copy thereof when offered in . asked to be discharged from its further consideration; which was agreed to. Reports
Mr. POLAND. The same committee have had under consideration in connection with this memorial the bill (S.No.464) in relation to the records and other papers in the office of the clerk of the U.S. court for the southern district of Mississippi which have been lost or destroyed, and have instructed me to report that the same ought not to pass. In the judgment of the committee, the passage of this bill would make no difference in the law. The committee are of the opinion that parol proof is admissible now to establish the existence and contents of such documents, and therefore no legislation is necessary.
Mr. MORRILL, from the ComDistCol, to whom was referred the bill (S.No.470) to authorize the change of a name, reported it without amendment. PRINTING OF FINANCE REPORT.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print 5,000 additional copies of the annual report of the SecyTreasury, have instructed me to report it back without amendment and recommend its passage; and I ask for its present consideration. There being no objection, the resolution was considered and agreed to, as follows: Resolved, That 5,000 additional copies of the annual report of the SecyTreasury on the state of the finances be printed for the use of the Senate.priNting OF LAnd Office MAPs.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print 10,000 copies of the maps accompanyin the report of the ComrGLO and a resolution to print additional copies of the report itself, have instructed me. to report them back with a verbal statement. These resolutions came from the ComPubLands, who have recommended them and I do not know why the matter was referred to us afterward unless to ascertain the cost of the printing.. We are not a supervising committee over the ComPubLands, and I think the matter ought to have passed under the consideration of the ComForRel, as have all other matters connected with the Paris Exposition. The cost of the proposed printing will be about 36,000 dollars, supposing the translations to bournished to the printer.
Mr. ANTHONY. We report the resolutions back with this statement. They have been recommended by the ComPubLands, and I suppose the Senate will be disposed to act on the recommendation of that committee. The ComPrintg are not advised as to the desirableness of this publication. The ComPubLands and the ComForRel ought to be.
Mr. STEWART. What action do the ComPrintg recommend?
Mr. ANTHO We report the matter back without any recommendation, leaving it to stand on the recommendation of the ComPubLands. If the printing is to be done, it is rather desirable that the resolutions should be acted on before the holidays, because the type of the Commissioner's report is now standing, although that is a very small part of the expense. The great expense is the unans.
Mr. STEWART. The CompubLands were unanimously of the opinion that it was desirable to make this publication if the expense was not too enormous, and we supposed the ComPrintg might give us some information on that point.
Mr. ANTHONY. That is just what we have done. We have had an estimate made of the expense. It will cost about 36,000 dollars to print the maps and about 2,000 dollars toPthe report.
Mr. GRIMES. I will inquire if the proposition does not provide that this report shall be published in various languages?
Mr. GRIMES. Has the JtComPrintg made any calculation as to the expense of translating it into the languages specified?
Mr. ANTHONY. We understand that the translations will be made in the office of the ComrGLO; that he has some clerks capable of making the translations.
Mr. GRIMES. Does the $36,000 include the expense of printing the report in the various languages? The type will all have to be reset, I suppose.
Mr. ANTHONY. 36,000 dollars is the cost of the maps. Those will be printed in only one language, I presume..The cost of printing the reading matter will be about 2,000 dollars, printing 10,000 copies.
Mr. ANTHON.Y. No, it would cost $2,000 to print 10,000 copies in one language. I suppose to set it up twice might cost 4 or 500 dollars additional. The great expense is in paper and press work. 500 dollars would probably cover all the additional expense of this being printed in additional languages, an equal number of copies, the translations being furnished to the printer.
Mr. RAMSEY. is the objection to I.with the consideration of the resoution now 7
Mr. RAMSEY. I move, then, that the Senate proceed to the consideration of the resolution.
The PRESIDENT protempore. It requires unanimous consent to consider the resolutions at this time. They will be read for information.
The Secretary read the resolutions, as follows: Resolved,That 10,000 copies of the maps accompanying the late report of the ComrGLO be printed for the use of the Fooiced, That 10,000 additional copies of the report of the ComrGLO be printed for the use of the Senate.
Mr. RAMSEY. I thought there was a resolution specifying that the report should be p printed in the German, French, and other lan
Mr. ANTHONY. These are the only resolutions that came to us.
Mr. RAMSEY. Then we had better let this matter pass over informally.
Mr. STEWART. I think so, until the report of the ComPubLands on that point is found. The chairman of that committee made a report.
Mr. RAMSEY and Mr. STEWART. Let that report be read.
The Secretary read the following report which had been submitted by Mr. Pomeroy: “The ComPubLands to whom were referred the orders and resolutions of the Senate referring to the printing of the report of the ComrGLO, have had the same under consideration, and believing that the publication of said report in the leading languages of Europe and the distribution of the same at the Paris Universal Exposition would .immigration and the development of the public lands of the U.S. would respectfully recommend that they be printed in the following ratio: 5,000 copies in, the German language, 5,000 in the French lan: floo 5,000 in the Swedish language, and we 1,000 for the use of the Senate.”
Mr. ANTHONY. I must confess that I have made this report very carelessly. There were 2 resolutions in the report, and I based the remarks that I made upon an edition of 10,000 copies which would cost $36,000 with the maps, 20,000 would cost almost double that; and so to print 5,000 copies in 4 languages with the maps will cost about 80,000 dollars.
Mr. ANTHONY. About 8,000 dollars and the cost of translating, whatever tohat may be. The maps are very expensive. have to be got up by hand, a great many of them
Mr. STEWART. The maps are very desirable.
Mr. HOWE. I believe I drew those resolutions myself, and I beg to say that in the resolution proposing the printing of the report for distribution in foreign countries, I did not contemplate the printing of those maps which accompany the report of the ComrGLO. I did think it desirable that those maps should be printed for circulation in this country, for I believe they are very important; but I do not think they are as peculiarly important for distribution abroad. The report itself seems to me to contain a great deal of information which we ought to send abroad, which would be very useful in securing immigration to this country; and as the expense of translating it I under stood would be nothing to the Government and the expense of printing would be trivial, I thought it proper to offer the resolution; but in drawing oresolution I did not contemplate the printing of the maps for foreign distribution, and not think the language of the resolution covers that, but I may be mistaken about that.
Mr. SUMNER. I should like to know what provision is made for the distribution of these copies. It is proposed to print this report in foreign languages; but how are copies to be circulated? Through what agency?
Mr. STEWART. The ComPubLands proposed to circulate them through our agency at Paris at the Paris Exposition.
Mr. SUMNER. The resolution does not seem to make any such direct provision.
Mr. STEWART. The report provides for that. There is no resolution to meet the exact condition of things; but the report made by the chairman of the ComPubLands provides for that.
Mr. RAMSEY. I think the Land Office will take upon themselves to make the distribution in the manner suggested. There is no objection, I imagine, to giving directions in the resolution.
Mr. SUMNER. I was going to remark that it seems to me if we are going to make this expenditure, we ought to see the end of it; in other words, we ought to see what good it is going to do and the agency by which this distribution is to be accomplished. The Senfrom Minnesota suggests that we refer it to the Land Office. I doubt whether that would be the most direct way. We might refer it to the Dept of State which is in communication with foreign countries. We might refer it directly to the Commissioner of the U.S. at the Paris Exposition, empowering him, in his discretion, to distribute it among the representatives of foreign countries and the visitors of foreign countries that he may meet at Paris. I merely throw this out by way of suggestion.
Mr. RAMSEY. I suggest to the Senfrom Massachusetts that many of the western States have.". in Europe to stimulate immigration, and I have no doubt that they would assist the Land, Office in the proper distribution of these documents. I imagine, there would be no difficulty in distributing them properly and in an unexpensive way.
Mr. ANTHONY. I suggest, as there seems to be some confusion about this matter, that the Senators who have it particularly in charge, the Senfrom Nevada and the Senfrom Minnesota, draw up a resolution stating precisely what they want, how many with maps, how many in each language, and then it can be introduced and we can discuss it and there will be no for its reference; and with that resolution before me I can give the Senate what information they desire in regard to the expense of printing. ".
Mr. RAMSEY. Very well; let this matter pass over, then, for the present.
The PRESIDENT protempore.lutions will be laid over informally. WOLUNTEER ARMY REGISTER.
Mr. ANTHONY. Now, I should like to The resocall up the JtResolution which was laid on the on Monday, reported from the ComMilAffrs, to instruct the superintendent of Public Printing to suspend the publication of the Volunteer Army Register. I should like to have it taken up and recommitted to the ComMilAffrs. I will state with regard to it that it was ordered to be printed in 8 parts, 50,000 copies, with the idea of selling it. 4 parts have been printed, but as it was stereotyped it was not necessary to print the whole at once, and the Superintendent of Public Printing very wisely printed an edition of only 5,000 copies of the 1st 4 volumes, and is now printing 1,000 of the last. The sales have amounted to $200. The propo sitiof in the resolution which was referred to the ComMilAffrs was, that the Superintendent of Public Printing should present a plan which would be much cheaper, and that the work should be edited with more accuracy. The publication of this work on the plan of the resolutions under which the Superintendent of Public Printing is now acting and by which he is bound, unless this resolution asses, will cost $200,000, and when it is finished it will be worth just the price of old paper, 6 or 8 cents a pound. It seems to me it is a terrible waste of public money for a beck of that kind published with such imperfections. Not only is there the great legit: imate expense of publication, but 4 out of 5 of the plates that have been stereotyped have been canceled and reset. I think we had better wait until the War Dept can give us a fair copy of the roster, which I think will be a very valuable thing to print then and worth the cost of it, although it ought not to cost anything like this sum. I move, therefore, that the resolution be taken up and recommitted to the ComMilAffrs.
The PRESIDENT protempore. The Senfrom RhdIsland moves to take from the table the JtResolution (S.No.83) respecting the publication of the volunteer Army Register and to recommit it to the ComMilAffrs. The motion was agreed to. CHARLES CLARK.
Mr. JOHNSON. I am instructed by the ComJudiciary, to whom was referred the JtResolution (S.R.No. 146) for the relief of Charles Clark, marshal of the U.S. for the district of Maine, to report it with an amendment; and I ask for its present consideration.
The PRESIDENT protempore. It requires the unanimous consent of the Senate to consider the resolution on the day it is reported. Is there any objection.
Mr. JOHNSON. I will state that the resolution proposes to authorize the SecyInterior to credit Mr. Clark with the sum of $3,028 of public funds in his hands as U.S. marshal for the district of Maine, which were in his office at the customhouse in Portland at the time of the great fire there last summer, and were destroyed. The fact that the money was there and that it was destroyed is very well established by the 2 witnesses who have testified, and their character is vouched for by the honorable Senfrom Maine, [Mr. FEssexDEN] I suppose, therefore, the Senate will have no objection to considering the resolution at once. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution. The amendment reported by the ComJudiciary was to strike out all of the resolution after the enacting clause and to insert in lieu thereof the following: That the SecyInterior be, and he is hereby, authorized, in the settlement of the accounts of Charles Clark, marshal of the U.S. for the district of Maine, to allow him credit for such sum of public money as was in his charge as marshal, not to exceed$3,028, as he maybe satisfiedwas burned in said marshafs officein the customhouse building at Portland. Maine, on the 4th day of July last.
Skip Skip The amendment was agreed to. The JtResolution was reported to the senate as amended, and the amendment was concurred in. The JtResolution was orderengross for a 3rd reading, was read the 3rd time, and passed. Report of COLUMBIAN Institution.
Mr. MORRILL. The ComDistCol, to whom was referred a resolution authorizing the engraving of the drawings accompanying the annual report of the Columbian Institution for the Deaf and Dumb, have directed me to report it back and recommend its passage; and as it is a very short matter, I ask for its present consideration. There being no objection, the resolution was considered and agreed to, as follows: Resolved. That the Public Printer be, and he is hereby, directed to cause to be engraved the drawings accompanying the annual report of the Columbian Institution for the Deaf and the Dumb: and he is also directed to print for the use of the institution 1,000 additional copies ofing therein, said report, insert as well as in the copies already printed, impressions of the drawings above ordered. BILLS INTRODUCED.
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce the following bills; which were severally read twice by their titles, and referred to the ComPubLands: A bill (S.No.481) granting lands to the State of Oregon, to aid in the construction of a military jand telegraph line through the coast mountains from Portland to Astoria; and A bill (S.No.482) granting lands to the State of Oregon to aid in the construction of a military and post road through the coast mountains from Astoria to Tillamook.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.483) to equalize the value of the currency of the U.S.; which was read twice by its title, and referred to the ComFinance.
Mr. HOWE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 150) extending the time for the completion of the improvement of the Fox and Wisconsin rivers; which was read twice by its title, and referred to the ComPubLands.
Mr. EDMUNDS asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No 151) appropriating money to defray the expenses of the joint select comRetrenchment; which was read twice by its title, and referred to the ComFinance.
Mr. ROSS asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 152) relating to the government of the States lately in rebellion; which was read twice by its title, and ordered to lie on the table and be printed. INDIAN BUREAU PURCHASES. lutMiorn. wILSON submitted the following resoResolved. That the SecyInterior be directed to report for the information of the Senate, what goods have n purchased in open market for the Indian Bureau once the 1stday of August last, said report to specify in detail the number or quantity of articles purchased, the prices paid or agreed to be aid therefor, and the namesof the party or parties om whom the same were pool. The Senate proceeded to consider the resolution.
Mr. HENDRICKS. I think the Senator fo s had better carry his inquiry back a ittle further, yfor the past year.
Mr. WILSON. I have no objection to that.
Mr. HENDRICKS. I move, then, to amend the resolution by striking out “1st day of August” and inserting “1st day of January.”
Mr. WILSON. I will simply say that I have Mered this resolution for the purpose of ob.taining certain information from the Dept, and I intend in a day or 2 to offer a resolution calling upon the ComIndAffrs to make an investigation into purchases made by the Indian Bureau. The resolution, as amended, was agreed to. PARIS EXPOSITION.
Mr. SUMNER. I offer the following resolution: Resolved, That the SecyState is hereby requested to communicate to the Senatesuch information as he may possess in respect to the progressmade in collecting the products, and also the weights and measuresand coins of the U.S., for exhibi; ot the Universal Exposition at Paris in April next. I will remark merely that I have reason to believe this resolution will draw forth some information that will be interesting to the senate and to the country. The resolution was considered by unanimous consent, and agreed to. LIBRARIAN's REPORT.
Mr. CRESWELL submitted the following resolution; which was referred to the ComPrintg: Resolved.That the usual number of copies of the report of the fibrarian of Congressfor the present year be printed for the information of the Senate, Lainbdrar 500 copies extra for the use of the
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERson, its Clerk, announced that the House had agreed to the amendments of the Senate to the bill (H.R.No. 876) making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes. The message further announced that the House had passed the following bill and JtResolution, in which it requested the concurrence of the Senate: A bill (H.R.No. 910) granting lands to the State of Oregon to aid in the construction of a military wagon road from Dalles City, on the Columbia, river, to Fort Boise, on the Snake river; and A JtResolution (H.R.No. 221) authorizing certain medals to be distributed to honor ably discharged soldiers free of postage. he message further announced that the House had passed the bill (S.No.62) to amend an act entitled “An act granting lands to the State of Oregon to aid in the construction of a military road from Eugene City to the eastern boundary of said State.” ENROLLED BILL SIGNED. The message further announced that The SPEAKer had signed the enrolled bill (H.R.o. 876) making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes; and it was signed by the President protempore. IMMIGRATION OF CHINESE.
Mr. WILLIAMS submitted the following resolution: Resolved, That the ComForRel be instructed to inquire into the expediency of regulating or restricting the immigration and importation of Chinese into the U.S., The Senate, by unanimous consent, proceeded to consider the resolution.
Mr. WILLIAMS. Mr. President, I offer this resolution at this time with the view of calling the attention of Congress and the country to the subject to which it refers. Since the 1st discovery of gold in California the Chinese in considerable numbers have immigrated to the Pacific coast. They come there not to be citizens of the country, not to learn to speak our language, to profess our religion, to adopt our customs, manners, and habits, but they come there to be a people unto themselves and to maintain their attachment to the religions and the Government under which they were born. I do not undertake to say that any particular harm has yet resulted from their presence on the Pacific coast; but new facilities for their immigration have recently been created, and no doubt will be increased, and some great inducement may arise which will pour clouds of Chinese from the millions who inhabit the country where they now live upon the Pacific coast like locusts upon the land of Egypt. I think that it is not safe to despise “the day of small things” in reference to this matter, and it is much easier now to deal with the subject than it will be when it assumes more formidable proportions. I hope, therefore, that the committee will give the subject that attention which its importance seems to demand. The resolution was agreed to. HYDRATION of AIR.
Mr. BUCKALEW submitted the following resolution: Resolved. That the Sergeant at Arms be authorized to take such immediate steps for the hydration of the air of the Senate Chamber as can be conveniently sinetcruordeudction under of air. the existing arrangements for the The Senate, by unanimous consent, proceeded to consider the resolution.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERson its Clerk, announced that the House had passed a bill (H.R.No. 553) to amend section 2 of an act entitled “An act to authorize, the Legislatures of the States of Illinois and Tennessee to sell the lands heretofore appropriated for the use of schools in those States, ” in which it requested the concurrence of the Senate. MILWAUKEE AND ROCK RIVER CANAL.
Mr. HOWE. I move to take up the JtResolution (S.R.No. 102) construing and giving effect to the JtResolution entitled “A resolution for the relief of the State of Wisconsin, ” approved July 1, 1864. The motion was agreed to.
The PRESIDENT protempore. The pending question is on a motion to reconsider the vote passing this JtResolution,
Mr. GRIMES. Let it be read that we may know what it is.
The Secretary read the resolution, as follows: Resolved, That the resolution entitled “A resolu Jtuiolny for the relief of the State of Wisconsin, ” dated 1st, 1864, be so construed as to entitle the Mil waukeeand Rock River Canal to reimbursement, out of the canal land fund thereinmentioned for the amounts which are proved to have been paid out by it for interest in carrying on the work mentioned in said former resolution in the same manner for other sumsby it expended. Also for the amount swahriychreispparirosved to have beenexpendedby it in neces and managementof the canal after the date of said resolution but beforethe dateof the settlement made thereunder: Provided only, That said company shall not receive more than the amount of the residue of the trust fund arising from the sale of the canal lands charged against said State in said settlement and notheretofore paid over tosaid company; and the SecyInterior shall completethe settlement by making said further allowances to said company up to the amount of said residue of said canal lands fund, and the same shall be paid to said company out of any moneysin the not otherwise appropriated.
Mr. TRUMBULL. What you got for them, provided it should not be less than that: for if I recollect the State was charged $1.25 an acre, and the matter was to be settled by some officer of the Government, the ComrGLO, I think. The State was charged the $1.25 an acre, and there was to be allowed to this company the money that they had actually expended in making the improvement: and the Commissioner went on to make up the account, allowing to the company what they had actually expended. In making up that account he refused to allow the company interest. The company in going on with the work, which they failed to complete, had borrowed money at extravagant rates of interest, and they claimed that the U.S. should allow them those extravagant rates of interest that they had paid to get money to go on with the work.
Mr. TRUMBULL. I have only a few words to say on this JtResolution. I have no wish to take up time further than is necessary to enable the Senate to understand the case. I think I shall get through in 5 minutes.
Mr. WADE. Let us go on with the regular business. ADMISSION OF NEBRASKA. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.456) for the admission of the State of Nebraska into the Union, the pending question being on the amendment proposed by Mr. CowAN to the amendment submitted by Mr.BRowN.
Mr. BROWN. Will the Senator allow me to ask a question?
Mr. BROWN. I desire to ask the Senator, for the purpose of getting at his opinion, because I wish to deal fairly in this discussion, whether in affirming that the States have an exclusive control over the whole question of the right of franchise, I understand him to take the position that if any State in the Union, by its limitation upon the franchise, shall destroy the RFG, the U.S. have not got the right to interpose and guarantee and protect that republican form to that State.
Mr. HOWARD. Well, sir, “sufficient unto the day is the evil thereof.” When such a state of things shall present itself for our consideration it will be quite time, in my judgment, to act upon it. o
Mr. BROWN. I do not think that is a fair answer to the question. The Senator is professing to discuss a constitutional question, a constitutional power, and here is an illustration under one of those constitutional clauses which gives to the Government of the U.S. a protectorate over the States in certain instances. He claims that the States have the right to govern this whole question of suffrage. Now, I ask him if the States in controlling suffrage impair the RFG, has not the U.S. got a constitutional power to come in and interpose?
Mr. NORTON. I should like to inquire of the Senfrom Michigan if he did not in the city of StPaul last fall urge and argue to the people there that, upon the adoption of the amendment proposed at the last session, the rebel States would obtain representation, and that that would be a settlement of the question of reconstruction.
Mr. HOWARD. Mr. President, I understand the question of the honorable Senfrom Minnesota. I know not what report of my speech he may have seen, but I am ready to say now that I did not make any such statement. if I was so understood, I was greatly misunderstood.
Mr. NORTON. I will state to the honorable Senator, with his permission, that he was so reported and that the authority of the Senator was cited in opposition to a claim that I made that Congress was not committed by the amendment. The Senfrom Michigan was cited in opposition to the claim that I made on that subject.
Mr. HOWARD. Certainly not. I under stood the honorable Senfrom Ohio to say before he closed his speech that it was to this bill and this clause that he referred. Certainly I do not mean to place him in a false position on a subject of so much importance. We proposed that the Constitution should be so amended as to provide that for a time all persons who had participated in the rebellion should be ostracized and excluded from the right of voting for Representatives in the congress of the U.S.
Mr. FESSENDEN. I ask the honorable Senator if he does not remember that that particular clause was struck out by an amendment made by the Senate.
Mr. FESSENDEN. And we substituted another provision for it?
Mr. JOHNson then being in command of the military forces, we may expect a violent and bloody struggle. ow, sir, it is our duty to look into the future and to resort to all means which are placed in our hands by the Constitution to counteract this plan of usurpation, absolutism, and violence, beneath which the free Government of the U.S., the freedom of our Constitution and all the privileges secured under it, are likely to be crushed and extinguished for ever. Sir, let us meet the issue thus forced upon us like men, and with the same spirit with which our soldiers and sailors during the war met the enemy. For one, sir, I am not to be intimidated by the threats of President Johnson nor by the prophesies of the SecyState.
Mr. MORRILL. She will have to take care of herself.
BROW: "We can take away from them the right to do wrong."
Mr. WILSON. I move to amend the amendment proposed by the Senfrom Missouri, by striking out all after the word “color” in the 5th line and inserting the words I send to the Chair.
The PRESIDING OFFICER, (Mr. Poweroy in the chair.) The Chair understands that there is an amendment to F. an amendment now amendment of the Senfrom Pennsylvania [Mr. CowAN] to the amendment of the Senfrom Missouri, [Mr. Brown] and a further amendment is not now in order. It may be read for the information of the Senate, however.
The Secretary read the proposed amendment to the amendment, which was to strike out all after the word “color” in the 5th line and to insert: And upon the further fundamental condition that the Legislature of said State, by a solemn public act shall declare the assent of said State to the said fundamental condition, and shall transmit to the POTUS an authentic copy of said act, upon receipt whereof the President, by proclamation, shall forth with announce the fact, whereupon said fundamental condition shall be held as a part of the organic law of the State, and thereupon, and wriethsos. but any further proceeding on the part of conthe admission of said State into the Union shall e considered as complete. Said State Legislature shall be convened by the Territorial Governor within 30 days after the passage of this act.
Mr. WILSON. I hope that the Senfrom Missouri will accept this amendment to his amendment, if permitted to do so, and I trust that the Senfrom Ohio, who has the charge of this measure, will concur in it, and that by common consent we shall agree to this amendment, and then pass the bill as amended.
Mr. WADE. I should like to hear it read again. I do not know that I understood it. The Secretary again read the proposed amendment.
Several SENAToks. Read the pending amendment as it will stand if amended. 1866. 191
The Secretary read as follows: Provided, That this act shall not take effect except upon of the fundamental condition that within the State of Nebraska there shall be no denial of the elective franchise or of any other rights to any person by reason of race or color. And upon the further fundamental condition that the Legislature of said State a solemn public act, shali declare the assent of said State to the said fundamental condition, and shall transmit to the POTUS an authentic copy of said act, upon receipt whereof the President, by proclamation, shall forthwith announce the fact, whereupon said fundamental condition shall be held as a part of the organic law of the State and thereupon, and without any further proceeding on the part of Congress, the admission of said State into the Union shall be considered as complete. Said State Legislature shall be convened by . territorial Governor within 30 days after the passage of this act.
Mr. WILLIAMS. I suggest to the honorable Senfrom Massachusetts that he amend his proposed substitute by inserting after the word “color” the words “excepting Indians not taxed, ” because it will be impossible for me to vote to allow every person, including the wild and untamed Indians of Nebraska, equal rights and privileges in that Territory. With that amendment my objection to it would be greatly modified.
Mr. WILSON. If permitted to do so, I will modify my amendment so as to except Indians not taxed.
The PRESIDING OFFICER. The Senator can so modify his amendment.
Mr. WILSON. Then I ask the Clerk to make that change in it.
The PRESIDING OFFICER. The question before the Senate is on the amendment moved by the Senfrom Pennsylvania [Mr. CowAN] to the amendment of the Senfrom missouri, [Mr. BRowN]
Mr. DOOLITTLE. I should like to inquire of the honorable Senfrom Massachusetts whether he really intends in the Territory or the State of Nebraska to have the Indians vote or not.
Mr. WILSON. I have just made a modification of my amendment so as to exclude untaxed Indians.
Mr. DOOLITTLE. I understand the Senfrom Massachusetts to say that he is strong in the belief that the constitutional amendment which is now pending will be adopted by the States before the 4th of March next. The Senfrom Massachusetts voted for that constitutional amendment, which was submitted to all the States. I wish to inquire of him whether it is his understanding that the faith of Congress is pledged, in case the constitutional amendment is adopted by the States of the South, that they are entitled then to be represented. I understood the honorable Senfrom Ohio [Mr. WADE] to state most distinctl that he understood that to be the pledge which was given on the part of Congress, while the Senfrom Massachusetts [Mr. SUMNER] in sists that no such pledge was given.. I should like to know how the other Senfrom massachusetts understands that; whether if those States vote for the amendment they are to be entitled to have representation.
Mr. WADE is testis frequently applied to us, and I am very frequently and rather at short hand. I want it to be under “Excepting Indians not stood exactly what I do assent to, and what I did. I did not state, nor intend to be under stood, that when these States had adopted the constitutional amendment they were entitled to come in at all hazards. This is the prop: position to which I did assent, and which I stated, and to which I adhere now. I supposed that when that constitutional amendment was adopted by 2/3rds of the States, so as to become part and parcel of the Constitution of the U.S., and adopted by the seceded States, their relations with the General Government would be such that they might apply for admission, and, all other things being equal, I think I said they ought to be admitted, provided they came in loyal, provided they placed their States in harmony with the Union, and sent loyal men, &c. Then, sir, my pledge and my understanding was, they being in a condition to apply, if they were loyal and their States showed a disposition to be friendly to the Union, they ought to be admitted; but not barely because they, out of policy, adopted the amendment to get a foothold here, being disloyal, showing themselves disloyal, that they were entitled at all events to be admitted. That I did not mean.
Mr. DOOLITTLE. The Senfrom Ohio of course has a right to correct me if I did not state his position correctly. My question was put to the Senfrom Massachusetts, [Mr. WILsoN] I wish to know what he understood, whether he agrees with his colleague or with the Senfrom Ohio in relation to the submission of that constitutional amendment to the States of the South.
Mr. WILSON. I do not recognize the right of the Senfrom Wisconsin to put a question in that form to me; but I say to him, and I have no hesitation in saying it, that I voted for the admission of Tennessee into the Union, not simply because she adopted the constitutional amendment, but because she had furnished 1000s of men to fight our battles; had abolished slavery before the constitutional amendment prohibiting slavery had been adopt ed; had elected a loyal Governor and a loyal Legislature and a loyal delegation to Congress; had given the power by her revised constitution to her Legislature to confer suffrage upon her colored men, and her leading statesmen pledged their faith that her Legislature would promptly do that act of justice, wisdom, and policy. I believe that those pledges will be redeemed and that Tennessee will lead the van among the States in giving suffrage to the freedmen. I believed then and I believe now' that the vote for the admission of Tennessee weakened the enemies of the black man and strengthened his friends. But I know of no other State that went into the rebellion that is in any respect in her condition. We passed no act compelling us to admit rebel States on the adoption of the constitutional amendment. We are bound by no ledges, and after the action we have witnessed during the past few months, patriotism and liberty, justice and humanity, demand that we should go to the extreme verge of our power to protect the loyal men of the rebel . For one, sir, I do not intend that this question shall be settled until every man in those States is in full possession of his natural rights the right to be protected in life, liberty, and property, and the right of the ballot to protect life, liberty, and property. 7 States have already adopted the constitutional amendment. The Legislatures of 13 loyal States meet next month, and before the 4th of March this constitutional amendment will be adopted by 3/4ths of the States represented in Congress.
Mr. WILSON. I regard that number as enough. But whether the amendment be adopted or not I hold it to be our duty, a duty that should have prevented us from adjourning, to take the governments of those States out of the hands of the men who now hold those governments and who have no moral or legal right to hold them. Neither the President nor congress had authority to put those States into rebel hands as has been done, and we neglect our duty in permitting rebels to hold these States for an hour, or in allowing rebels to elect Governors and Legislatures and govern the loyal people. I shall go up to the extreme verge of constitutional power to protect these loyal people. I believe the only protection the black men of the South have, or can have, is to weapon their right hand with the ballot to protect their lives, their liberties, and their P.": If it be necessary for the protection of his life, liberty, and property that the black man shall have the ballot, man and God will forever condemn us for withholding it. I give all my doubts in favor, not of the rebel, but of the loyal black man.
Mr. SUMNER. Not precisely. No State governments.
Mr. DOOLITTLE. No valid Legislatures that could give any valid vote for or against it. Not so with the Senfrom Ohio; not so with his colleague from Massachusetts; not so with a majority on this floor. They have contended that they were States; that they had State Legislatures; that those State Legislatures were called upon to vote either yes or no on the question of the ratification of the amendment; and I say there is no man who can stand up and logically say that they are States, with Legislatures, with the power to vote pay or no upon a constitutional amendment changing the Constitution of the U.S., and in the same breath say that they are not States and have no Legislatures which can choose Senators. Men must take position. It is a question on which there is no neutrality. The men who say that there is a constitutional amendment now submitted and pending before them, and that they have the right to vote pay or no, cannot deny that they are States; they cannot say they have no Legislatures. Mr. President, this voting on a constitutional amendment which is to change the fundamental law not only of their State but the fundamental law of our States also, is the high est possible act that can be performed by any Legislature, much higher than an ordinary act of legislation which only concerns their own people, much higher than an act of the Legis. ature that chooses a Senator; and yet men say they can vote on a constitutional amendment, accept it or reject it, and yet they are incapable of electing a Senator.
Mr. DOOLITTLE. I say that is the substance of the whole argument.
Mr. DOOLITTLE. That they cannot elect a Senator?
Mr. FESSENDEN. No; but that theyhad now in their present form a sufficient State government to accept or reject a constitutional amendment.
Mr. DOOLITTLE. I understand the honor. able Senfrom Ohio to say that this constitutional amendment has been submitted to these States. He says that 5 of these States have rejected it.
Mr. FESSENDEN. But he does not say it is legal action.
Mr. DOOLITTLE. How can they reject it if they have no Legislature to do it?
Mr. FESSENDEN. They can assume to do one thing or the other.
Mr. DOOLITTLE. But nobody but a Legislature can act upon it at all.
Mr. DOOLITTLE. If they have no Legislature, how can they reject it?:
Mr. FESSENDEN. I will reply to the Senator after he gets through.
Mr. JOHNSON. You speak of the States in rebellion.
Mr. FESSENDEN. It referred to them of course, whether it said so or not, because it could have no application to States recognized as members of the Union.
Mr. DOOLITTLE. I have the language of the report before me.
Mr. FESSENDEN. I remember its substance.
Mr. DOOLITTLE. The language is “that whenever the above recited amendment shall have become part of the Constitution, and any State lately in insurrection shall have ratified the same, and shall have modified its Constitution and laws in conformity therewith, the Sens&Reps from such State, if found duly elected and qualified, may, after having taken the required oaths of office, be admitted, ” &c. That was the language of the bill accompanying the report, and it went:on “Abife:, That when any State lately in insurrection shall have ratified the foregoing amendment to the Constitution” That is whether the other States ratified it or not “any part of the direct tax under the act of August 5, 1861, which may remain, due and unpaid by such State may be assumed and paid by such State, and the payment thereof, upon proper assurances, may be postponed for a period not exceeding ten years.” These are the 2 provisions about the ratification of the amendment by the States lately in rebellion.
Mr. DOOLITTLE. The point which I was discussing, and which my learned friend has passed over, in my judgment, without fully meeting, is this: whether Congress did submit that constitutional amendment to those States, as suming that those States lately in insurrection had the power as States to ratify or to reject it. That was the question I was discussing.
Mr. FESSENDEN. I will answer that distinctly if the Senator is ready for his answer now.
Mr. DOOLITTLE. Certainly, I will hear what the Senator has to say.
Mr. FESSENDEN. Congress said nothing whatever on the subject; and the reason is manifest. Congress submits a constitutional amendment in the ordinary form; it says it shall be submitted to the Legislatures of the several States of the Union; and there it stops. There is the submission.
Mr. DOOLITTLE. I agree with the senator that Congress took no action
Mr. FESSENDEN. I have not finished my answer yet. It does not follow that because we provide for submitting the amendment to the several States every State is in a condition to act upon it. The reconstruction committee recommended that when the amendment should be adopted by the number of States necessary in order to make it a part of the Constitution of the U.S., without saying or intimating how many or how few were necessary, then any of the rebellious States which should have adopted it and conformed their laws and constitutions thereto should be admitted. What did that mean? It did not assume to say that either of those States was then in a condition to be admitted, or even in a condition to have the constitutional amendment submitted to them. But the time may arrive, if it has not yet come, when they may have Legislatures legally elected and constitutions properly formed. Because they are not endowed with the capacity to act as members of the Union today it does not follow that they may not be tomorrow or next week or next year. We could not undertake to say when that would be, whether it had taken place or not; but so far as the reconstruction committee expressed an opinion in their report it was that there was not a legal government in anyone of those States; and if there is no legal government in anyone of them they are not in a condition to act on this question or any other.
Mr. DOOLITTLE. Mr. President, it is true that Congress did not pass the bill or act on the bill any further than that in the HoRep when it was called up, it was laid on the table by the yeas&nays by a very large vote; but the question that has arisen has not been on any act of Congress, but on the understanding of those gentlemen who took part in the submission of this constitutional amendment. Upon the one side it has been alleged that the submission of this amendment was made to the States upon an implied pledge that if it became a part of the Constitution and the States lately in insurrection ratified it and conformed their laws and constitutions to it, they would have the right to be admitted here on this floor if they sent proper representatives. The Senfrom Ohio says that of the States acting upon this question 5 have rejected the amendment. The point which I was discussing was whether this constitutional amendment was submitted to these States for them to act upon, and whether by submitting it to these States we did not no, of necessity that these States were capable of either accepting or rejecting it. Sir, the reconstruction committee, so far as they are concerned, are bound as a matter of course by the report which they have made, and the reconstruction committee, by the bill which they introduced, declared in so many words that the States in the South did have the power to ratify the amendment, and they held out a pecuniary inducement to those States to persuade them to the adoption of the amendment by pledging themselves that if anyone of those States would ratify the amendment the Joyment of its direct tax should be postponed.
Mr. FESSENDEN. The distinction is, if the Senator will allow me to interrupt him, that the reconstruction committee did not say they were now in a condition to do it.
Mr. DOOLITTLE. The reconstruction committee, in the bill which they submitted declared “that when any State lately in insurrection” –of course that referred to States of the South “shall have ratified the foregoing amendment, ” the payment of its direct tax shall be postponed. P. that that on the part of the reconstruction committee assumes them to be States.
Mr. FESSENDEN. As now organized, at present?
Mr. DOOLITTLE. It assumed them to be States with power to accept or reject, to ratify or to refuse to ratify. If they ratified it, }. the consideration was held out to them or doing it of postponing the payment of their direct tax. If they refused to do it, as a matter of course the tax was not postponed. I undertake to say what I said a little while ago, that this is one of those questions upon which you must take either one ground or the other, and there is no neutrality between the positions. Either the Senfrom Massachusetts is right when he says that they are not States
Mr. SUMNER. There is no valid government; that is what I say.
Mr. DOOLITTLE. No valid State government to which a constitutional amendment can be submitted?
Mr. DOOLITTLE. You must either take that ground, or you must take the other ground, that they are valid State governments to which it can be submitted. What I said was that the Senfrom Ohio insisted that it had been submitted, and that 5 of the States had already rejected it; and if they have the power to reject they have the power to aecept, and it of necessity implies that they have a State Legislature with power to act either for or against. Mr. President, I have no disposition to detain the Senate from a vote on the pending measure which is now before the body if it is desirable to come to a vote tonight; but so much had been said on this question that I felt called upon to say a single word myself.
Mr. WADE. I hope not. I hope we shall get a final vote on this proposition before we adjourn.
Mr. WADE. I call for the yeas&nays. The yeas&nays were ordered; and being taken resulted yeas 14, nays 25; 13. So the Senate refused to adjourn.
Mr. DAVIS. Mr. President, in the interpolation between the Senfrom Wisconsin and the Senfrom Maine, I should have been glad if the Senfrom Maine had been asked to give an explicit answer to some such question as this: suppose the States lately in rebellion had taken no notice at all of the profo constitutional amendment, could they have formed any State constitutions which would have been satisfactory to my honorable friendfrom Maine, and which would have induced him to vote for their admission or readmission into the Union. I will illus trate it by the case of Tennessee. Suppose Tennessee had not acted upon the subject of the proposed amendment at all but had adopted precisely the constitution which she did and upon that constitution had asked to be read mitted as a State into the Union, would the honorable Senator upon that state of the case with regard to Tennessee have voted for her admission into the Union?
Mr. EDMUNDS. Mr. President, I had been desirous of submitting some observations to the Senate on the subjects which are under consideration at some little length, but inasmuch as I perceive that brethren of my political faith are not disposed to listen to any further debate on the subject, I shall not attempt at this hour of the day to go forward with what I was desirous of saying. If I had had an earlier opportunity without trespassin upon gentlemen older here than myself, should have had something to say on the subject; but I do not wish to occupy the time which my friends here are desirous to devote to voting, with anything which I can say.
Mr. HENDRICKS. I do not propose to debate it, but I propose to suggest to the senate and to the Senator having this bill in charge that as we adjourn tomorrow for the holidays, some of us will want to start home tomor row evening, and it is desirable to have a vote on this bill at some early hour tomorrow. We have frequently agreed upon an hour for a vote, and I suggest that we take a vote on this bill at 4 o'clock tomorrow.
The PRESIDENT protempore. It is moved that the Senate do now adjourn.
Mr. HENDRICKS. Before that vote is taken I ask the Senator to withdraw the motion for a moment and I will renew it if he desires.
Mr. SUMNER. I withdraw it to accommodate the Senator.
Mr. HENDRICKS. I propose, if there be no objection, that it be considered the sense of the Senate that we shall take the vote at 4 o'clock tomorrow.
Mr. BROWN. I suggest that some Senators who are going away may probably start tonight, and there may be no quorum here tomorrow.
Mr. HENDRICKS. I know of no Senators going to start tonight.
Mr. WADE. I know that when debates run into the night they take very long, and latterly we have been in the habit of making some arrangement as to the time of taking the vote. That seems to shorten debate and be more satisfactory. We have done it frequently. Now, if I can be assured that we shall have a quorum here tomorrow and we can agree upon an hour when we shall certainly get the question and finish the bill before the final adjournment I shall be willing to accede to that, inas much as several gentlemen want to be heard. Of course, nothing can be done here that is binding among us, but if there is an understanding that there will be a quorum here
Mr. TRUMBULL. There will be a quorum, I have no doubt.
Mr. WADE. Then with that understanding, if Senators assent to it all around, I shall not resist an adjournment any longer.
Mr. HEND RICKS. I yield to the Senfrom Pennsylvania who wishes to say a word.
Mr. HEND RICKS. If the Senator will yield to me, I will move an adjournment.
Mr. BUCKALEW. In a moment. I was going to say that, I am willing to deliver my observations tonight if the Senate desire to proceed with the discussion tonight; or to reserve them for a future occasion.
Mr. WADE. With the understanding before ested, I shall make no objection.
Mr. BROWN. There is no understanding about it.
Mr. KIRKWOOD. Then let us have the eas&nays.
Mr. RAMSEY. If there is no stipulation, let us vote down the motion. The yeas&nays were ordered; and being taken, resulted yeas 19, nays 19; 14. So the Senate refused to adjourn.
Mr. DOOLITTLE. It seems there is rather a thin attendance. There are several absentees who I think have come into the Senate since the calling of the roll was commenced whose names were not on the roll. I suggest that the absentees be called again.
The PRESIDENT protempore. The vote has been taken, and the result announced; and that matter is not now epen for discussion.
Mr. SUMNER. It is evident that several Senators went home supposing that the Senate was about to adjourn. I think on that ground, if on no other, it would not be advisable for us to go on now. I therefore move that the senate adjourn.
Mr. CRESWELL. Is a motien to adjourn now in order just after the same motion has been voted down, without any intervening motion?
The PRESIDENT protempore. It is in order. Discussion has taken place since the last motion was put.
Mr. WADE. I hope we shall not adjourn. The motion was not agreed t;o there being on a division ayes 15, noes 16.
Mr. HOWE. I rise to inquire what the question is.
The PRESIDENT protempore. The ques.tion is on the amendment moved by the Senfrom Pennsylvania [Mr. CowAN] to the amendment of the Senfrom Missouri, [Mr. BrowN]
Mr. HOWE. I should like to hear it read.
The Secretary read Mr. CowAN's amendment, which was to add to the amendment of Mr. BRowN these words: Provided, and it is herebydistinctly understood, That the people of the Territory of Nebraska when admitted as a State into the Union shallowedirect and personal allegiance, eachone of them, to the Government of the U.S., and that the said State of No.braska shall not hereafter claim nor be taken to } g." or authority to convert the citizens of said State into foreigners or alien enemies, so they may, that as a consequence of crime be considered as such. held and The amendment to the amendment was rejected.
The PRESIDENT protempore. The ques.tion now is on the amendment of the Senfrom Missouri, [Mr. BRowN] Is the Senate ready for the question?.
Mr. SUMNER. I do not think the Senate is ready for the question. I think it is too important a proposition for us to be called to vote on it without seeing it fairly before us and understanding its bearing in every respect, con. stitutionally, legally, and politically. I am not satisfied that the proposition in its final form su will be effective. It may be; I am not sure of it. I am anxious that it should be considered in these aspects. I wish to know whether it is a proposition that we can safely accept at this moment. I hope, therefore, that it will be printed, and I move that the pending proposition be printed for the use of the Senate. I mean to include the amendment of my colleague, of course.
Mr. WILSON. I have sent wayaniendment to the desk.
Mr. WILSON. I wish to have that printed.
The PRESIDENT protempore. The question is on the motion to print the pending amendment.
Mr. WILSON. My amendment is an amendment to the amendment moved by the Senfrom Missouri. It is proposed to print the amendment to the amendment.
Mr. CRESWELL. To print all the pend ins amendments?
Mr. SUMNER. Yes, sir. There is only one that I regard of very great importance, and that is the substitute proposition, and that I do think the Senate ought not to act upon without seeing it in print before them. My amendment has been I mean the substitute of Mr. CRESW ELL. I was about to remark
Mr. WILSON. Will the Senfrom Maryland give me the floor a moment?
Mr. WILSON. I understand the question before the Senate is the amendment moved by me to the amendment of the Senfrom Missouri. Does the Chair recognize that fact?
The PRESIDENT protempore. The vote having been taken upon the proposed amendment of the Senfrom Pennsylvania, the question now is on the amendment proposed by the Senfrom Massachusetts to the amendment of the Senfrom Missouri.
Mr. CiteSWEL!. I was about to remark that I have no objection whatever to the motion to print, provided gentlemen will make the understanding suggested by a gentleman on the other side, namely, that we have a vote tomorrow at 4 o'clock. If that meets the approbation of the chairman of the ComTerritor I am content to accept it.
Mr. WADE. I offered to accept that, but it was not accepted as I understood. I was willing to make that compromise.
Mr. BROWN. I for one am not willing to make any such understanding as that.
Mr. BROWN: I do not wish to bind any. body else by it for this reason: that the small time that would be given tomorrow, one or 2 hours, would be totally insufficient to discuss this question as gentlemen here present would wish to discuss it. If we are going to enter into a discussion of it let us have time to discuss it fully and fairly. If we are not, let us be forced to vote upon it now. I, for one, am not willing to make any such arrangement as that. It will simply be to carry over the question without doing any good as far as discussion oes. It is perhaps right that I should say urther, in justice to myself, that I shall probably be compelled to leave the city this evening by the 8 o'clock train. I would therefore rather vote on the bill before I go, if it is not to be put over for some little time. It will be impossible for me to delay my departure for reasons that I could state if desirable.
Mr. WADE. Well, I cannot be made to see it., Nebraska, one of the most patriotic, one of the most orderly of communities, with numbers sufficient, with a good, glorious republican constitution akin to all the rest of these western constitutions and just like them, coming in here, I do not think will make a revolution at all, nor bind anybody as to the course he shall see fit to take in reconstructing States in rebellion. Therefore I do not see any reason why we should not vote on the question tonight. We have got a vast deal to o this session. I never have known important business crowding upon Congress as it is now; and yet in full view of all this gentlemen would persist in adjourning for 2 weeks and now want to adjourn to deliver arguments hereafter. They have not had time for argument, they say. When the question of adjourning was up, I was opposed to that, and yet the same gentlemen who want to make arguments here and spend a week longer on this proposition are the very men who will adjourn you 2 weeks in the midst of an important session like this. I think we have got a good deal to do this session, even more than we have time to do, and I know the habits of this body well enough to know that if this question is suffered to pass off now for 2 weeks, all that has been said upon the subject will be said over again. We have spent I believe 3 days on it, and we shall have to spend 3 or 4 days more upon it, and we shall have no more light upon it then than we have now. I am opposed to adjourning unless we can make an arrangement to take the vote tomorrow. Then I have no objection; but that it seems we cannot do, and therefore I hope we shall decide the question tonight.
Mr. SUMNER. hope there will be an order to print.
The PRESIDENT protempore. The motion to adjourn supersedes all others and the question is not debatable.
Mr. HEND RICKS. I wish to appeal to the Senfrom Missouri to withdraw that motion for one moment. I wish to move that this bill be postponed to and made the special order for January 7.
The PRESIDENT protempore. The motion is not withdrawn.
Mr. WADE called for the yeas&nays, and they were ordered; and being taken, resulted yeas 15, nays 20; 17. So the Senate refused to adjourn.
The PRESIDENT protempore. The question now is on the motion that the pending amendment be printed. The motion was not agreed to.
Mr. SUMNER. I have one word to say in reply to the Senfrom Ohio. He did not see the importance of this question. He says it is the question of every day, a common place question. There is the precise difference between the Senfrom Ohio and other senators on this floor. There have been occasions when the Senator has seen the importance of a question of human rights. In an unhappy condition now he importance. does not see that
Mr. WADE. A. “ [Laughter] fundamental condition.”
Mr. CRESWELL. Will you “fillibuster” all the time?
Mr. SUMNER. I say it must not be allowed to pass this body if possible, if it can be prevented, so long as it contains so offensive an exclusion as that. But, sir, I do not wish to indulge in these remarks. I wish that this subject should be gravely discussed so that we may vote upon it properly. I wish that the proposition of my colleague may be carefully considered. I wish to know whether, if that is adopted, there will be a sufficient security. If there will be such security, I shall be very glad to vote for it and accept that, and then we may all harmonize in the support of the bill. But, if that or some kindred proposition cannot be adopted, I shall be obliged at the last moment, even if I stand alone, to go against this bill and to make every effort that I can to prevent its passage. I move now, sir, that the Senate adjourn.
Mr. SUMNER. On that motion I call the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 13, nays 19; 20. So the Senate refused to adjourn.
Mr. WADE. One word in reply to the Senfrom Massachusetts, who thinks that I am altogether pertinacious, if not obstinate on this subject, and thinks that my conduct at the present time is inconsistent with what it was when he and I were opposing the admission of Louisiana 2 years ago. There is no analogy, I say again, between the 2 cases, not the least in the world. Louisiana was a State organized under a military order emanating from the POTUS military order No. 37; and of course in my judgment it was not a constitutional body. It had no right to be in the Union. This is a Territory. as I have said a good many times, loyal, seeking to come into the Union in the old, beaten track nothing unusual about it, nothing to hang an argument upon except it is the high sounding words of the Senfrom Massachusetts; and if a man were to hear him speak now about the importance of what I have compared to a count in assumpsit, would believe that it was an indictment on which half the world would be annihilated., And he speaks of my obstinacy! Why, sir, he stands up here almost alone against his friends, nearly all favorable to this measure. I have no doubt had it not been for what I will not call his obstinacy, this measure would have passed on Monday to the satisfaction of 9 10thsof all those that generally act with him. His will must prevail against the whole body, or they must give way to him, for he intimates and gives us to understand that this bill never shall pass except it is in accordance with his judgment, or if it ever does it will not be until he is a good deal older than he is now. I generally content myself, if I differ with the great majority of my friends, to opproescitoirodn that difference without any factious to their will. I do not think that I ever can be accused of that.
Mr. SUMNER. How was it with regard to Louisiana?
Mr. KIRKWOOD. I should be glad to know the effect of this motion. If the bill should be postponed until that day, and after the commencement of our session after the adjournment other business should be brought up and left unfinished from day to day on the 7th of January next, will not the unfinished business have precedence of this?
The PRESIDENT protempore. Under the rule of the Senate, the unfinished business of the day before takes precedence of all special orders.
Mr. KIRKWOOD. I think, then, we had better keep it before the Senate until we adjourn. If we can do no better, let it be the 1st thing in order when we meet again. I did not intend to say a single word in regard to this question, following my usual course of contenting myself with voting; but one or 2 remarks have fallen from the Senfrom Massachusetts that in my judgment render it necessary that I should say a word. He compares the case of the Territory of Nebraska to that of the lately rebellious States. I think there is a great difference between them. The people of the Territory of Nebraska are loyal men; the people of the late rebellious States are not loyal; and when he compares the one with the other I think he does injustice to himself and to the people of that Territory.
Mr. KIRKWOOD. He speaks of the constitution submitted by some persons in Louisi ana as odious, as offensive, and compares the constitution of Nebraska and the constitution of that State or proposed State intending to convey the idea, Fothat the constitution of Nebraska is odious and offensive. Now, I wish to say to that Senator that the constitution of Nebraska and the constitution of Iowa in this particular are identical. Does he call the constitution of Iowa odious and offensive? Does he call the constitution of Illinois odious and offensive? I do not stand here to hear the constitution of the State I in part represent on this floor so characterized; and the Senfrom Massachusetts I think forgets what is due to him and due to the people of these States when he so characterizes them. The people of Iowa are as loyal as the people of Massachusetts are.
Mr. SUMNER. No doubt about it. I never said otherwise.
Mr. KIRKWOOD. But he said our constitution was offensive.
Mr. SUMNER. I made no allusion to the constitution of Iowa.
Mr. KIRKWOOD. But you made an allusion to a constitution precisely similar in this identical point to that of Iowa. The Senfrom Massachusetts, it seems to me, sometimes assumes more than belongs to him in talking about these things. He should remember that there are other States in this Union besides Massachusetts; and when he speaks of particulars wherein those States do not agree with Massachusetts he should be careful of the terms he applies to them. Now, what is this question? Why should the application for the admission of this territory be compared with the application of the States lately in rebellion to be admitted here? It is doing injustice to these people people who have been all the time during thisrebellion as loyal as the people of any State in this Union. It is wrong to place them side by side with the men who have been in rebellion against our Government; it is unfair to them; and I repeat again I cannot see the difference betweencharacterizing the constitution of Iowa as odious and offensive, and characterizing the constitution of another State that agrees with it precisely in terms, in that way.
Mr. SUMNER. May I ask the Senator if he considers that provision in the constitution of Iowa right or wrong?
Mr. KIRKWOOD. I conceive it to be the business of the people of Iowa and not the business of the Senfrom Massachusetts. The people of Iowa will deal with it in their own way when they see fit; and as a loyal people they have the right to do so; and so I apprehend have the people of Nebraska.
Mr. SUMNER. A common count. That is the way he regards it at one moment, and then in another moment it is a great question. Did he not say that no great question had ever been settled in this body except late in the evening, and in that way, unless his language was entirely vague, he meant to class the pending question among those of that character.
Mr. SUMNER. He says no, he did not. Then so much the worse for him. He will regret hereafter that he did not see that this question was a great question; that whether we should admit a new State at this moment, with that offensive constitution, is a great question, one of the greatest that has ever been submitted to the Senate. However, I will not say any more, except that I move an adjournment, "[laughter;) and on that motion I ask for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 11, nays 18; 23. So the Senate refused to adjourn.
Mr. FESSENDEN. Will my friendfrom Vermont allow me to make a suggestion?
Mr. FESSENDEN. I understand he is desirous of addressing the Senate upon the whole subject, and as I have come to the conclusion that it is perfectly useless to attempt to get a vote on this bill tonight, on consultation with the honorable Senator who has it in charge, with the permission of the Senfrom Vermont and the Senate, I should like to move an adjournment.
Mr. EDMUNDS. I will yield to such a motion if it be agreeable to the gentlemen who have charge of the bill; but I do not wish to get time against the will of my friends.
Mr. FESSENDEN. If the Senator will give way, I wish to say that I am very much averse always to interposing a motion to adjourn against the wishes of those who have charge of the bill on my own side of the House, or stand in their way, but I have become convinced that it is out of the question to attempt to get a vote tonight, such a vote as we would be likely to have with the Senate so thin. Many Senators have gone home. Some Senators desire to address the Senate; and a question of this importance certainly ought not to be acted upon at such an hour and with so thin a Senate. Under such circumstances therefore, if my friend on my right [Mr. WADE] has no objection, I will move an adjournment.
Mr. WADE. Several of the friends of the measure who have been acting with me think it would be better to adjourn. My own judgment is that we shall have it just in this same fix the next time. Nevertheless, their judgment is that we ought to give more time. Some gentlemen wish to speak on the subject, I was exceedingly anxious to get this bill to a vote before we adjourn. However, finding that that is the wish of many of those acting with us, I will not resist the adjournment any longer, but shall expect to take the bill up tomorrow and finish it if I can.
Mr. FESSENDEN. Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WEDNEsday, December 19, 1866. The House met at 12 o’clock m. Prayer by Rev. DAVID TRUMBULL, D. D., of Valpa raiso, South America. The Journal of yesterday was read and approved. REVOLUTIONAIRY PENSIONS.
Mr. UPSON, by unanimous consent, introduced a bill supplementary to an act to increase the pensions of the revolutionary pensioners now on the rolls of the Pension Office, approved April 1, 1864; which was read a 1st and 2nd time, and referred to the ComRevPensions. CIRCUIT JUDGE OF RENTUCKY.
Mr. McKEE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComJudiciary be instructed to inquire into the expediency of reporting a bill to increase, the salary of the judge of the tUuncikteyd States circuit court for the district of Kento the sum of $5,000.
Mr. McKEE mtRtv the resolution was agreed to; upon the table. agreed to. E. J. CUri, EY.
Mr. McKEE. I move that the bill of the Senate for the relief of E. J. Curley, which was placed upon the Private Calendar without reference to a committee, be taken from the Calendar and referred to the ComClaims. The motion was agreed to. E. E. SHED.
Mr. PIKE. I ask leave to withdraw from the files of the House the papers in the case of E. E. Shed, upon which the ComClaims made an adverse report yesterday. The papers are desired for use before the Court of Claims. Leave was granted accordingly. PErSONAL EXPLANATHON.
Mr. MAYNARD. I ask consent of the House to make a personal explanation. No objection was made.
Mr. VANAERNAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to Resolved, That the ComClaims be instructed to inquire into theoof directin the oper disbursing officer to pay a'reasury draft of $200, given in settlement of the accounts of Captain Andrew Smith, of the 2 1st NewYork cav alry, on the indorsement of Dr. W. W. Potter, of the NewYork State Military Agency, and report by or otherwise. bill DistripeTION or soldiers’ MEDALs.
Mr. HUBBARD, of WestVirginia, by unan imous consent, introduced a JtResolution authorizing certain medals to be distributed to honorably discharged soldiers free of post age; which was read a 1st and 2nd time.
Mr. HUBBARD, of WestVirginia. I desire that this resolution shall be considered at the present time. I think there can be no objection to it. JtResolution, which was read at length, proposes to authorize the adjutant general of the State of WestVirginia to distribute through the mails, free o posogo to the honorably discharged soldiers of WestVirginia and to the relatives and friends of those who were killed or died of wounds or disease while in service, certain medals furnished by the Legislature of that State; and it is provided that in such case the envelope in closing the medal, shall be franked by the adjutant general in the mode prescribed by the PostMGenl.
Skip Skip The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the time, and passed. Mr. HUBBARD, of WestVirginia, mtRtv the JtResolution was passed; upon the table. agreed to. BLACK Rock HARBOR, CoNNECTICUT.
Mr. HUBBARD, of Connecticut, by unan imous consent, submitted the following resolution; which was read, considered, and agreed to:. Resolved, That the Committee on. Commerce be instructed to inquire into the expediency of lishing estab a light boat off Black Rock Harbor, on the coast of Connecticut. TAXATION OF GROSS RECEIPTS.
Mr. PHELPS, by unanimous consent, submitted the ; resolution; which was read, considered, and agreed to: Resolved, That the ComWays&Means be instructed to inquire into the expediency of so modifying the internalrevenue law as to dispense with taxes upon gross receipts. SUPPLIES FOR INIDIAN SERVICE.
Mr. INGERSOLL. I ask unanimous consent to submit the following resolution: Whereas the ComrIndAff did, on the 21stday of Noyember, 1866a, dvertise for sealed proposalsfor supplying the Indian service with certain goods, wares, and merchandise; and whereas it is reported that said Commissioner did, on the 18th day of December, 1866, award the contract for supplying said owares, and merchandise on a bid much higher, and on samplesinferior to by those offered other parties: Therefore, Be it resolved, That the SecyInterior be directed to transmit to the House ComIndAffrs the bids received on the 15thday of December, 1863, by the ComrIndAff, in compliance with, the advertisement above referred to, and the award madeby him on the 18th day, of December, 1866;and all papers receiyed by said Commissioner in any way relating to said bi and award, together with all samples accompanying said bids; and that said committee be instructed to to examine into the acts of report said Commissioner and the result of their investigation to this House: and in the mean time the Secyinterior is directed to suspend contracts based upon said award.
The SPEAKER. This being a call for executive information unanimous consent is necessary for its consideration on this day.
Mr. LeBLOND. I object to the introduction of the resolution. GEORGE ST. LEGER GRENFEL.
Mr. WENTWORTH. I ask unanimous consent to submit the following resolution, which it is very important shall be considered today: Whereas it is represented in the newspapersthat the Legislature of Florida has adopted a report and resolution recommending that one Colonel George StLeger Grenfel, who was convicted as one of the leaders in the conspiracy to release the rebel prisoners in Camp, Douglas, at Chicago, and then to ja'ity, burn a sentenced to death therefor, but whose sentence was afterward commuted to imprisonment for life, be pardoned: Therefore, Resolved. That the POTUS be requested to furnish this House with copies of all the papers in his possession touching the case of said George StLeger Grenfel.
Mr. WENTWORTH. I hope the Gentfrom Delaware will withdraw his objection. If he knew the facts I know he would with draw it.
Skip Skip The resolution was then adopted. Mr. WENTWORTH mtRtv the resolution was adopted; upon the table. agreed to. SUPPLIES FOR INDIAN SERVICE–AGAIN.
Mr. INGERSOLL. Is The SPEAKer correct in deciding that my resolution is a call on the Executive Depts for information? The . It directs the SecyInterior to furnish certain information to this House; and that is calling for executive information.
Mr. INGERSOLL. I will change the resolution so as to call on the ComrIndAff.
The SPEAKER. That would not change the character of the resolution. A single objection will prevent any resolution being received or considered today. DEFICIENCY BILL
Mr. STEVENS. I call up the amendments of the Senate to House bill No. 876, making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes. The amendments were returned to the Senate at its request for the purpose of correcting a mistake made in their engrossment, and have since then been returned with the correction made.
The SPEAKER. As the bill came here the "; sections were proposed to be stricken out. It is now returned with the properamendments to strike out the following: For facilitating communication betweenthe Atlan tic and Pacific States by electrical telegraph, $40,000. To enable the Commissioner of Public Buildings to pay the 3 watchmen appointed under resolution of July 25, 1865, at $900each, $2, 700., Mr. STEVENS. I move concurrence in the amendments of the Senate.
Mr. BIDWELL. I would like to know the reason for striking out those paragraphs.
Mr. STEVENS. The Senate say that the contract has been violated and they are about to investigate it to see whether that is the fact.
Mr. BIDWELL. If that be so I do not object to its being suspended. The amendments of the Senate were concurred in.
Mr. STEVENS mtRtv the amendments of the Senate were concurred in; upon the table. agreed to. STATE DEPT ExPENSEs.
Mr. WARD, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolred, That the SecyNavy be requested to communicate to this House a statement of the amounts charged to the State since May 1, 1865, for services rendered by naval vessels.
Mr. WARD mtRtv the resolution was adopted; upon the table. agreed to. OREGON LAND GRANT.
The SPEAKER stated the 1st business in order to be Senate bill No. 62, to amend an act entitled “An act granting land to the State of Oregon, to aid in the construction of a military road from Eugene City to the eastern boundary of said State, ” pending from the morning hour yesterday.
Mr. McRUER. Mr. Speaker, I think it is only necessary to j.the minds of the House in regard to this amendment. It only seeks to provide for an omission in the original bill whereby the State of Oregon might receive 3 sections of land per mile in aid of the construction of this military wagon road by going 3 miles beyond the original limits. I will here state that by the act of Congress passed March 3, 1863, the same amount of nds we now seek was extended to the States of Michigan and Wisconsin. The last congress, by act of June 30, 1864, passed another bill to aid in the construction of a wagon road in the State of Michigan, granting 3 sections of land and permitting the parties to go 3 miles beyond the line of the road to get the designated amount. This amendment only seeks to give to the State of Oregon the privilege to select this land within 6 miles of this road. It does not increase the grant at all. This bill came from the Senate, was referred to the ComPubLands, and is unanimously reported by them with a recommendation that it do pass. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time. Mr. McRUER. I demand the previous question on the passage of the bill. The previous question was 2nded and the main question ordered; and the question being taken, no quorum voted. Tellers were ordered; and the Chair appointed Messrs. McRUER and Cooper. The House divided; and the tellers reported ayes 79, noes 20. So the bill was passed. Mr. McRUER mtRtv the bill was passed; upon the table. agreed to. ENROLLED BILL SIGNEd.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill (H.R.No. 876) making appropriations and to supply deficiencies in the appropriations for the service of the Government for the fiscal year ending June 30, 1867, and for other purposes; when
The SPEAKer signed the same. MILITARY WAGON ROAD IN OREGON.
Mr. McRUER, from the CompubLands, reported back House bill No. 21, granting land to the State of Oregon to aid in the construction of a military wagon road from Qales City, on the Columbia river, to Fort Boise, on Snake river, with a recommendation that it do pass. The bill was read. It grants alternate sections to the extent of 3 sections in width on each side of the road. It provides that the lands so granted shall be exclusively applied to its construction and shall be disposed of only as the work progresses. It reserves all lands heretofore reserved or appropriated by the U.S. except so far as may be necessary to locate the route through the same 100 feet in width. The road is to remain a public highway for the use of the government of the U.S. free from tolls. It provides that the land so granted shall be disposed of only as fast as each ten miles are constructed, and also limits the time for its completion to 5 years. The manner of the construction is to be such as the Legislature of Oregon shall direct.
Mr. McRUER. This military wagon road is to run through a mountaine us and unsettled country for a distance of about 275 miles. The country is for the most part a wilderness, inhabited only by Indians. It is no new thing to grant lands to aid in the construction of military roads. Similar grants have been made to States not so remote nor so wild as Oregon for instance, to the States of Wisconsin and Michigan. This bill, in the 1st place, went to the ComMilAffrs, and I believe it received the favorable consideration of that committee. It was finally referred to the ComPubLands. It has been considered by them and unanimously reported with a recommendation that it do pass. The subject was referred to the War Dept, and in reply we received a communication from the SecyWar inclosing a copy of a letter written by GenlGrant, in which he says: “I am ining favor generally of encouraging and assist the opening of roads through the Indian country. They enhancethe value of the U.S. lands in their vicinity, and render inilitary transportation easy.” This is a cheap way of securing a military road by the Government. This bill provides that no tolls shall be exacted of the U.S. Government for transportation of an troops, mails, or military stores over this road. It is more carefully guarded than any other bill which has been passed to aid in the construction of a wagon road. Unless the State of Oregon performs this work she receives none of the lands. It is expressly provided that before any grant of land is made the State must build ten miles of the road. Upon the comletion of ten miles she receives a grant of and contermine us with those ten miles and not beyond. Heretofore grants have been made in advance of construction. I think there can be no good objection to this bill.
Mr. DAWES. Is there any sime limited in the bill 2
Mr. McRUER. It must be completed within 5 years, which is comparatively a short time. The bill is carefully guarded and I know of no reason why it should not pass.
Mr. PIKE, Are there any restrictions proposed by the bill?
Mr. McRUER. It provides that the State of Oregon shall specify how this road shall be built, what shall be its width, &c.
Mr. PIKE. This is a grant to the State of Oregon?
Mr. McRUER. Yes, sir. The road is to be entirely within the jurisdiction of the State of Oregon.
Mr. PIKE. Will the Gentfrom California [Mr. McRUER) accept an amendment to make a grant of land to the State of Maine for a similar road?
Mr. McRUER. if I am not mistaken, the Government built a road in Maine at its own expense.
Mr. LeBLOND. I would inquire of the Gentfrom California [Mr. McRUER) if this bill has been printed?
Mr. McRUER. It has been printed; it was offered in the early part of the last session, and is House bill No. 21.
Mr. LeBLOND. Has it not undergone some changes since that time at the hands of the committee?
Mr. McRUER.. It has been amended by the committee, but all the amendments are of a restrictive character. The bill is not so liberal now in its terms as it was when it was originally introduced.
Mr. LeBLOND., Mr. Speaker, if this was an original proposition to grant the public lands for purposes of theo in this bill, I should feel compelled to vote against it; it certainly has become alarming to see the quantity of land donated by the Congress of the U.S. for these private purposes. Now, it does seem to me that before we make any more such grants of land as this we should see what restrictions are imposed by this bill. As I understand it, this bill is alleged necessity based upon the of a military road in the State of Oregon. if I understand the history of these land grants, the real object of all such bills as this is to confer public lands upon private corporations organized within the several States. I think Congress should consider whether they are willing to donate the public domain in this wholesale manner, without any beneficial results being obtained for the government of the U.S. I think it is time that we put a stop to this wholesale system of disposing of the public domain.
Mr. McRUER. I now yield to the Gentfrom Oregon, [Mr. HENDERson]
Mr. THAYER. I desire, with the consent of the Gentfrom California, [Mr. Mc RUER, 1 to ask him a question.
Mr. THAYER. I desire to ask whether this bill contains any clause excepting mineral lands from this grant?
Mr. McRUER. The mineral lands are excepted by a general law; but I have no objection to the insertion of a clause specially excepting mineral lands.
Mr. THAYER. Then I move to amend by adding the following: Provided, That the grant hereby made shall not embrace any mineral lands of the U.S.
Mr. McRUER. That is very acceptable. I now call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of Mr. THAYER was agreed to. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time. Mr. McRUER. I call for the previous question on the passage of the bill. The previous question was 2nded and the may in.q"ueostion ordered. DALL, of Pennsylvania, called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 76, nays 87, not voting 78; So the bill was passed. During the roll call; Mr. MORRILL said: The Gentfrom Ohio, Mr. GARFIELD, is absent from his seat today on account of sickness. Mr. PERHAM said: My colleague, Mr. LYNch, is confined to his house by illness. The result was announced as above stated. Mr. McRUER mtRtv the bill was passed; on the table. agreed to. Adv Erse Reports.
Mr. McRUER, from the same committee, submitted adverse reports on the following cases; and the same were laid upon the table: A bill (H.R.No. 244) concerning certain lands granted to the State of Nevada; A bill (H.R.No. 245) concerning public lands in the State of Nevada; A bill (H.R.No. o to relinquish title to the town of Santa Cruz, California; and An act (H.R.No. 689) to encourage the construction of a telegraph line between the State of California and the Territory of Idaho. KANSAS LAND GRANT.
Mr. DRIGGS. There is a report from the ComPubLands, which I ask the Clerk to read.
The Clerk read as follows: The undersigned. to whom was referred Senate bill No.320, being an act to amend an for actentitled “An act 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, has examined the same, and finds that it proposes to reduce and limit said grant upon the following contingency: that the company to which said i.is shall be granted by said State may substi tthuteey for railroad steam traction engines: and when shall have constructed and equipped 20 miles of road, and shown an ability to move in one train 50 tons of freight, or 200 passengers, at the rate of not less than 5 miles per hour over it. they shall be entitled to obtain lands at the rate of 5 sections per mile instead of ten, as provided by now said act for the railroad; but the bill simply modifiesand changes the conditions on which a grant heretofore made may be claimed. I can see Info good reasonwhy this change may not be made. the terms of the bill are not complied with, or, in other words, if the experiment, if it may be properly called such, is not successful, then no lands can be claimed. If it is successful it certainly seems as if the Government could well afford to grant for the demonstration as much as it has repeatedly given for the construction of an ordinary wagon road. e committee therefore recommend that the bill be reported back to the House with recommendation that it be passed, with the same ndments. JOHN F. DRIGGS, For Committee.
Mr. DRIGGS. I have but one word to say in regard to this bill, and it is this: that it presents the single feature of asking Congress to reduce the ten sections to 5. It provides also instead of a railroad over the western prairies they may employ traction steam engines. I have before me a report of several scientific gentlemen who have examined the machine and give it as their decided opinion it will work successfully. If the experiment proves to be successful it will be the means of traversing that vast region of prairie lying east of the mountains and be of incalculable benefit, to the Government. The committee thoroughly investigated the proposition, and we propose to reduce the grant from ten to 5 sections; and with the proper restrictions provided in the amendment we recommend the passage of the bill. I demandoquestion.
Skip Skip The House divided, and there were ayes 36, noes 29; no ovoting. The SPEARf. R, under the rule, appointed Mr. DRIGGs and Mr. MoRRILL as tellers. The House again divided; and the tellers reported ayes 49, noes 51. So
Skip Skip The previous question was not sec, led:
Mr. THAYER. I move that the bill be laid upon the table.
Mr. DRIGGS. Allow the bill to be recommitted. I did not explain the bill as I did not think there would be any objection.
Mr. THAYER. I agree to that. The bill, as amended, was recommitted to the ComPubLands. PAY OF TENNESSEE MEMBERS.
Mr. ASHLEY, of Ohio. I ask unanimous consent to offer the following resolution: Resolved, That the Sergeant at Arms of this House be instructed to pay Hons. SAMUEL L. ARNELL, will LIAMB. CAMPBELL, and Is AAC R. Hawki Ns, the mile agedue them for the 1st session of this Congress. These gentlemen were in attendance, except Mr. ARNELL, during a part of the session before the State was admitted; and Mr. ARNELL started from Tennessee on receiving a dispatch informing him of the fact, and got here the next day after the adjournment, having been detained on the way by a railroad accident. The Sergeant at Arms decides that he cannot pay them. I merely offer this in order that he may be authorized to pay them. I move the previous question.
Mr. BENJAMIN. I move to refer the resolution to the Committee on Mileage.
Skip Skip Mr. ASHLEY, of Ohio. I have no objection. The resolution was accordingly referred to the Committee on Mileage. Mr. BENJAMIN mtRtv the resolution was referred; upon the table. agreed to. LEAsk of school LANDs.
Mr. HOLMES, from the ComPubLands, reported back House bill No. 553, to amend section 2 of an act entitled “An act to authorize the Legislatures of the States of Illinois, Arkansas, Louisiana, and Tennessee to sell the lands heretofore appropriated for the use of schools in those States, ” with a substitute therefor. The substitute was read, as follows: afBireesi, then actedby the Senate and HoRep That section 2 of said act be, and the same herebyis, amended so as to read as follows, namely: Sec. 2. Abife:, That the legislaturesof said States be, and they are hereby, authorizedto make such laws andneedful regulations asmay be deemed expedient to secure and protect from in ury or waste the sections reserved by the laws of congressfor the use of schoolsto each township, and to provide by law, if not deemed expedient to sell, fyoeralresasing the same for any term not exceeding 4 for agricultural lands, and 15 years for mineral lands, in such manner as to render them prodthuecytive and most conducive to the object for which were designed.
Mr. HOLMES. In 1843 Congress passed a law authorizing the Legislatures of the States of Illinois, Arkansas, Louisiana, and Tennessee to sell the lands appropriated for public schools., The 2nd section, proposed to be amended, authorized the States, in case the lands were not sold, to provide by law for leasing them for 4 years. Some of these lands have been discovered to contain minerals, and it is found impossible to lease them advantage ously for so short a term as 4 years. The amendment changes the 2nd section only by authorizing the Legislatures in those States, if they shall think proper, to provide for the leasing of the mineral lands for a period not exceeding 15 years.
Mr. GRINNELL. I would inquire of the gentleman if there is any such thing in his judgment as a Legislature of the State of Arkansas?
Mr. HOLMES. The gentleman is as competent as I am to answer that question.
Mr. GRINNELL. I am not desirous of legislating on any such supposition. If there i. no Legislature, of course they cannot legisate.
Mr. HOLMES. The original bill applies to several States which are assumed to have legislatures, and this bill simply changes the former law in such a way as to allow the Legislatures of those States to lease the mineral lands for a term of years not exceeding 15, if they shall see fit.
Mr. A.S.H.I.E.Y., of Ohio. Is this bill printed?
Mr. ASHLEY, of Ohio. printed and postponed. puMrpro.seH.OLMES. I decline to yield for that Then I move it be
Mr. STEVENS. I think the gentleman had better have it printed.
Mr. ASHLEY, of Ohio. I have no disposition to oppose the passage of the bill, but I shall vote for no bill recognizing any of these illegal Legislatures or bogus governments, and I must have this bill printed before I vote for it. I will therefore move that it be printed and postponed or recommitted to the committee, whichever the gentleman chooses.
Mr. HOLMES. I do not desire to have it recommitted, and I do not propose to yield for any such purpose or motion.
Mr. ASHLEY, of Ohio. I move to post pone it till the 3d Monday in January.
The SPEAKER. The Chair will state that in the present condition of the Calendar, with the various special orders made, by an ordinary postponement the bill would not proba bly be reached during the session.
Mr. HOLMES. I want to say in reply to the Gentfrom Ohio [Mr. X. that this is not an original bill. It simply proposes to amend section 2 of the law of 1843, and this bill does not in my opinion recognize the Legislatures of any of the States lately in rebellion.
Mr. STEVENS. The law to which the gentleman refers was passed when a different state of things existed from what exists now. I am opposed to recognizing Louisiana and Arkansas as States of the Union, and I move to lay the bill on the table.
Mr. HOLMES. I have no objection to the insertion of a proviso excluding any of the States not now represented in Congress, if the gentleman desires it.
Mr. ASHLEY, of Ohio. I would suggest that the following proviso should be inserted: Provided, That this act and the act to which this is supplementary shall not be applicable to any States declared in rebellion by proclamation of the President, of the U.S.
Mr. HOLMES. I will yield to allow the amendment to be offered.
Mr. ASHLEY, of Ohio.ment I have indicated.
Mr. HOLMES. I now call the previous question upon the bill and amendment.
Skip Skip The amendment was agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed it was accordingly read the thir time. loo question was upon the passage of the 111.
Mr. HOLMES. I call the previous question on the passage of the bill.
Mr. BROMWELL. I would inquire if the amendment adopted upon the motion of the Gentfrom Ohio [Mr. AshLEY] does not exclude the State of Tennessee, because it has been declared at one time to be intion? insurrec.
The SPEAKER. That amendment has been adopted, and the House is now acting under the operation of the previous question. The bill was then passed.
Mr. STEVENS. I move to amond the title of this bill by striking out the words “Ar kansas, Louisiana, ” so that it will read as follows: An act to amend section 2 of an actentitled “An act to authorize the Legislatures of the States of Illinois and Tennessee to sell the lands heretofore appropriated for the use of schools in those States, ” approved February 15, 1843.
Skip Skip The amendment was agreed to. Mr. HOLMES mtRtv the bill was passed; upon the table. agreed to.
The SPEAKER. The morning hour has expired. Subsequently, on motion of Mr. ASHLEY, of Ohio, by unanimous consent, the amend I move the amendment offered by him to the bill amending the act relating to the sale of school lands, was so amended that it would read as follows: Provided, That this act and the act to which this is oshall not be applicable to any States declared in rebellion by proclamation of the POTUS except the State of Ten nossce. NATIONAL BANKS AND CUlti ENCY.
Mr. LAFLIN, from the ComPrintg, reported the following resolution; which was read, considered, and agreed to: Resolved, That there be printed for the use of the House, in bill form, 1,000 extra copies of bill No. 771, to amend the national bank act.
Mr. LAFLIN mtRtv the resolution was agreed to; upon the table. agreed to. HOMEsteAd LANDS.
Mr. JULIAN, by unanimous consent, submitted the o:resolution; which was read, considered, and agreed to: Iresolved, That the ComPubLands be instructed to inquire into the expediency of soing amend the act approved June 24, 1865, for the disposal of the public lands for homestead actual settlement in certain States thereinmentioned, as to require the applicant, from and after the 1st day of January, 1857, to make oath that he has not borne armsagainst the U.S or given aid and comfort to enemies. its SUPPLIES FOR INDIAN SERVICE.
Mr. INGERSOLL, by unanimous consent, submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas the comrIndAff did, on the 21stday of November, J.866, advertise for sealed proposals for supplying the Indian service with certain goods, wares, merchandise; and whereas it is reported that said Commissioner did, on the 18th day of December, 1866, award the contract for supplying said goods, wares, and merchandise on a bid much higher, and on sainplesinferior to those offered by other parties: Therefore, Be it resolved, That the SecyInterior be directed to transmit to the House ComIndAffrs the bids received on the 15th day of December, 1866, by the ComrIndAff, in compliance with the advertisement above referred to, and the award made by him on the 18th day of December, 1866;and all papers received by said Commissioner in any way relating to said bids and award, together with all samples accompanying said bids; and that said committee be instructed to examine into the acts of said Commissioner and report theresult of their investigation to this House: and in the mean time the SecyInterior is oted to suspend contracts based upon said award.
Mr. FARNSWORTH. I would say that I suppose the House alone can hardly direct the SecyInterior not to carry out a contract he has made.
The SPEAKER. The objection comes too late. The resolution is agreed to, whether the House has such power or not. LEGISLATIVE, Etc., APPROPRIATION BILL.
Mr. STEVENS moved that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. LAwrexce, of Pennsylvania, in the chair,) and resumed the consideration of House bill No. 896, making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867.
The Clerk resumed the reading of the bill, and read the following: For compensation to the private secretary, asst secretary, short hand writer, clerk of pardons, 3 clerks of 4th class, steward, and messenger of the POTUS, $18, 800.
Mr. GRINNELL. I move to amend by striking out in the paragraph just read the words “clerk of pardons.” I believe that the insertion in an appropriation bill of an approriation for this officer is of very recent date. We have endeavored to ascertain by resolution how many pardons have been granted. We have thus far been unable to obtain this information. Now, sir, I wish to grant as few facilities as possible for the granting of pardons. It is known that one prominent rebel, the eat pirate of this century, has received a paron, and has been permitted to become the professor of moral philosophy in a southern college. I propose that we shall dispense with this clerk A. the present. Hence I have submitted my annendment.
Mr. WENTWORTH. I am opposed to striking out the appropriation for the pay of this clerk. We have sent to the President calls for information with reference to pardons, and it would be impossible for him, so numerous have been the applications for pardons, to make out a full reply without this clerk. At least I hope the resolution that was adopted this morning at my instance will not fail to be answered for the want of clerical force. I find by looking at some southern papers that the members of the Legislature of Florida a Legislature of traitors pretend to have recently paid a visit to the Dry Tor tugas, where they have been investigating the claims of prisoners there to pardons. They have recently taken up the case of a notorious leader in the attempt to liberate the rebel pris. oners at Chicago and afterward burn the city a few years ago; and that Legislature has decided that he was convicted on the testimony of perjured witnesses. I suppose they would say the same of every other criminal there. That there was a conspiracy to liberate the prisoners in Camp Douglas on the night before the election, and to take possession of the polls and burn the city, has been proved to the satisfaction of every one who ever investigated the subject. The evidence was so overwhelming that one of the prisoners on trial killed i.Another was sentenced to be hanged, but his sentence was commuted to imprisonment for life, and he is now at the Dry Tortugas. The Legislature of Florida has now taken his case in hand, petitions President Johnson to pardon him, and charges that he was convicted by perjured witnesses. I would like to see the papers in the case before the President takes action, if possible. If not possible, before the pardon, it would gratify my loyal constituents exceedingly to know upon what ground our President pardons trai tors and convicted incendiaries.
Mr. SCOFIELD. Mr. Chairman, during the last session I was told that on all these par: dons sent South each recipient was subjected to a charge of $300. A gentleman residing at the South informed me that he saw a great many pardons come there, which were delivered by the express company, and each was charged with $300.
Mr. WARD, of NewYork. That is cheap enough. [Laughter]
Mr. SCOFIELD. I made some inquiries here of persons perhaps not altogether responsible, but whom I thought trustworthy enough, and they informed me that the Adams Express Company were receiving smany pardons from the State agent of Alabama, who also acted as agent for the State of Tennessee; that many 100 pardons had been sent, by this express company to the persons entitled to receive them through some State authority; that each one had marked upon it “C. O. D. $300” “C.O.D.” meaning, I believe, “col. lect on delivery, ” and that the money had been returned here. Now, I would not assert this to be the fact, because I do not know it, although at that time Ithought the authority was pretty good; but if fees are being charged. agents here they certainly ought to pay this clerk of pardons. fo. Therefore I believe I shall vote for this amendment.
The Clerk read as follows: For paper, special dies, and oof circulating notes, and expenses necessarily incurred (including express charges) in procuring the same, in of the Comptroller of the Currency, $200,00toh.e office
Mr. MAYNARD. I desire to inquire of the chairman of the ComAppropriat whether the item just read is intended to cover the printing of such Treasury notes and frac.tional currency as are now issued.
The Clerk read the following: For salaries and expensesof collectors, assessors, asst assessors, revenue agents, inspectors, and superintendents of exports and drawback, together with the expense of carrying into effectthe various provisions of the several acts providing internalrevenue, excepting items otherwise estimated for, $6,000,000.
Mr. BENJAMIN. I move to amend by adding at the end of the paragraph just read the following: Provided, That no assessor or collector shall be entitled to any portion of the salary pertaining to the office until such assessoror collector shall have been confirmed by the Senate.
Mr. MAYNARD. I suggest to the gentleman whether it would not be proper to modify his amendment by inserting “unless” instead of “until.”
Mr. BENJAMIN. I cannot see that the change would add to the force of the amendment in any way, though I do not know that I would have any serious objection to the modification.
Mr. MAYNARD. The word “until” would imply that the payment was to be postponed, and the word “unless” would imply more than that, that unless he was confirmed he should not have pay at all.
Mr. DAWES. he be confirmed by the Senate he would not be entitled to pay until he was confirmed.
Mr. BENJAMIN. I have nothing to say in regard to the word to be used.
Mr. MAYNARD. If the word “untif' be used would the officer draw any pay for ser: vices rendered prior to the time of his confirmation?
Mr. BENJAMIN. I apprehend he would after he has been info.
Mr. MAYNARD. If he has been appointed regularly by reason of a vacancy and is confirmed he ought to be paid from the time he was appointed.
Mr. RANDALL, of Pennsylvania. I wish to inquire whether President Lincoln did not during the whole term of his tenure of the executive power, exercise it in the same manner in which the gentleman now complains President Johnson has done?
Mr. BINGHAM. The gentleman misun derstood me. I qualified the words which I uttered, and when the gentleman asks me a question of that sort he assumes that I have ecided myself that removals have been made for corrupt Joes.
Mr. RANDALL, of Pennsylvania. It is not for me, Mr. Chairman, nor for the Gentfrom Ohio to inquire into the motives of either President Lincoln or President Johnson, but I do assert that they have occupied exactly the same position in reference to those removals from office. In other words, that Mr. Lincoln removed persons from office during his term in the same manner as Mr. JOHNson has done, for political purposes. I do not assert that Mr. Lincoln did it for corrupt purposes at all; neither do I believe that Mr. JOHNson has done it for such. And I am glad to hear that the Gentfrom Ohio qualifies his statement, and says he has not made up his mind on that point.
Mr. BINGHAM. I was only saying that the gentleman had done me injustice in over looking the fact before he took the floor at all.
Mr. RANDALL, of Pennsylvania. I did not mean to misstate the gentleman's position.
Mr. BINGHAM. I have no doubt the gentleman did not mean it, but I was explaining to the House why I made this exception, and having said that much and the gentleman having made the suggestion which he has by way of explanation of his position, I beg leave to notify him and it is a further justification of the exception that is made here for the present that we are charged by the Constitution and by our oaths, in case the question comes before us, with the duty of deciding that very question, whether the POTUS has for corrupt personal ends created vacancies in any office hitherto filled, in accordance with the provisions of the Constitution, by joint act of the President and Senate of the U.S. I repeat what I said before in justification of the exception I have made by the amendment which I have offered, that in case the HoRep, upon full investigation and inquiry, comes to the conclusion that the POTUS, for corrupt personal ends and not because of incapacity or of infidelity to duty, has removed a compe tent and faithful officer, he is guilty of a high crime and misdemeanor within the terms of the Constitution. The decision of that question in the 1st place belongs to the House. Therefore it iIs make the exception.
Mr. RANDALL, of Pennsylvania. I can only say that the Gentfrom Ohio [Mr. BING HAM] has given us some sort of notice of what he is going to do with the President. I doubt not the acts of the President will stand the test of examination, and the sooner you commence your work and cease to threaten the better.
Mr. BINGHAM. am going to do. I have only stated why I made the exception which I indicated. The question was upon the amendment of Mr. Bixeham to the amendment of Mr. BEN JAMIN.
Mr. BENJAMIN, I desire to modify my amendment so that it will read as follows: Provided. That no assessor or collector, not appointed to fill a vacancy caused by death or resignation, shall be entitled to or paid any portion of the salary pertaining to the office of said collector or assessorunless confirmed by the Senate.
Mr. STEVENS. I understood yesterday that the ComWhole, by unanimous consent, adopted the 5 minute rule, which allows but 5 minutes debate for and 5 minutes against anyone proposition.