CONGRESSIONAL RECORD: CONTAINING I. THE PROCEEDINGS AND DEBATES , OF THE F.O RTY_-FOURTH OONG~ESS, FIRST SESSION; ALSO . SPECIAL SESSION OF THE SENATE. VOLUME IV. WASHINGTON:- . . G 0 VERN MEN T PRINTING 0 F F ICE. 18 7 6 . . ' . .. -.: ·' ... f / ' ... j .· t .. · - • I • i / ,I / VOLUME IV, PART IV. CONGRES·SIONAL RECORD. FIRST SESSION, FORTY-FOURTH CONGRESS. \ 1876. CONGRESSIONAL RECORD-HOUSE. 3009 su.,count of money paid ont and expended by said Ariel K. Eaton as There being no objection, the bill, as amended, was laid aside, to be such receiver for clerks in his said office during the time he was the reported favorably to the House. incumbent thereof. MAJOR JOHN 8. WALKER. The second section provides that the Secretary of the Interior be, and be is hereby, authorized and required to allow and pay to James The next business on the PrivateCalendarwas the bill (S.No.199) D. Jenkins, of Osage, Iowa, lat.e register of the United States land for the relief of the esta.t.e of the late paymaster Major John S. office at Decorah and Osage, Iowa, the sum of .3,600, on account of Walker, United States Army. money paid out and expended by said James D. Jenkins as such reg- The bill was read. It authorizes and directs the proper officers of ister for clerks in his said office during the time he was the incumbent the Treasury to credit the accounts of the late JohnS. Walker, pay- thereof. master, (who was lost while in the discharge of his official duty on The third section provides that, to enable the Secretary of the In- the steamer GeorgeS. Wright, which wa~ lost at sea near Cape Cau- terior to make the payments hereinbefore required, there is hereby tion, on the coast of Alaska, in February, 1873,) with the snm of appropriated, out of any money in the Treasury not otherwise appro- $2,124 98, which be had in his possession, and was lost with him, and priated, the sum of $7,200; and the amounts hereinbefore allowed to also the further sum of $4:l7.73, of balances charged to his aecount, said Ariel K. Eaton and James D. Jenkins, respectively, shall be re- which, on account of loss of papers, cannot now be explained. ceived bv them in ful1 satisfaction and settlement of all claims or There being no objection, the bill was laid aside, to be reported demands~ against the Government for the clerical or other expenses favorably to the House. of their said offices. EDWARD F. EDDY. There being no objection, the bill· was laid aside, to be reported The next business on the Private Calendar was the bill (H. R. No. favorably to the House. 2837) granting a pension to Edward F. Eddy. CHARLES MASON. The bill directs the Secretary of the Interior to place on the pen- The next business on the Private Calendar was the bill (H. R. No. the sion-roll, subject to the provisions and limitations of the pension laws, 2830) for the relief of Charles Mason. name of Edward F. Ecldy, who, at the time be was wounded, was (Objected to by Mr. HEWITT, of Alabama.) second lieutenant Company G, Sixteenth Regiment Michigan Volun- teers, and who, when discharged, wa~ lie.utenant-colonel Twenty- JAMES ALLENDER. ninth Regiment Michigan Infantry. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill wa~ laid aside, to be reported 650) for the relief of James Allender, of Preston County, West Vir- favor~bly to the House. . ginia. THOMAS H. MARTIN. The bill directs the Secretary of the Treasury to pay, out of any The next business on the Private Calendar was tht' bill (H. R. No. money iu the Treasury not otherwise appropriated, to James Allen- 2838) granting an increase of pension to Thomas H. Martin. fler, of Preston County, West Virginia; the sum of 2,350 for the water The bill directs the Secretary of the Interior to place on the pen- privilege and franchise pertaining to his mill property on the Monon- sion-roll, subject to the provisions and limitations of the pension gahela River, and in full of all damage to said property by reason of laws, the name of Thomas H. Martin, who was a private of Company the improvement erected by the Government of the United States F, Sixty-third Regiment Penm~ylvania Volunteers, and from and after upon said river, in pursuance of an award made on the 26th day of the passage of this act pay him a pension of $24 per month, and the April, 1873, by arbitrators mutually agreed upon by the parties and pension heretofore granted to said Martin on certificate No. 11986 approved by t.h e Chief of Engineers; provided that no part of said shall, after the passage of this act, cease. $2,350 shall be paid till said improvement has been COIJJpleted, and so There being no objection, the bill was laid uside, to be reported certified by the Chief of Engineers. favorably to the House. There being no objection, the bill was laid a~ide, to be reported HENRY W. IDGLEY. favorably to the House. The next business on the Private Calendar was the bill (H. R. No. L. 1\IADISON DAY. 2076) granting a pension to Henry W. Higley, of Lena, Illinois. The next business on the Private Calendar was the bill (H. R. Np. The bill directs the Secretary of the Interior to place upon the pen- 28:H) for t.b"' re1ief of L. Maclison Day. . sion-roll, subject to the provisions and limitations of the pension (Objected to by Mr. HURD.) laws, the name of Henry W. Higley, of Lena, Illinois, late a private MRS. ELIZA E. HEBERT. in Company G, Third Regiment Missouri Volunteer Cavalry, to take effect after the passage of this act. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 2832) for the relief of Mrs. Eliza E. Hebert, of Louisiana. favorably to the House. The bill directs t.he Secretary of the Treasury to pay to Mrs. Eliza E. Hebert, of Louisiana, the sum of $21,090, in full compensation for HARRIET C. DUNHAM. stores and supplies taken and used by the Union forces during the The next business on the Private Calendar was the bill (H. R. No. years 1863-'64. 2804) granting a pension t~ Harriet C. Dunham, widow of Charles A. There being no ol)jection, the bill was laid aside, to be reported Dunham, late private Company A, One hundred and eighteenth Regi- favorably to the House. ment Penns:vlvania Volunteers. SUSAN P. VANCE. The bill directs the Secretary of the Interior to plaee on the pen- The next business on the Private Calendar was the bill (H. R. No. sion-roll, subject to the provisions and limitations of the pension laws, 2833) for the relief of Susan P. Vance. the name of Harriet C. Dunham, widow of Charles A. Dunham, late The bill directs that the sum of $2,640 be, and the same hereby is, ap- private Company A, One hundred and eighteenth Regiment Pennsyl- propriated to pay Susan P. Vance for property of her late husband, vania Volunteers. Morgan Vance, of Kentucky, taken and used by the United States There being no objection, the bill was laid aside, to be reported t.~oops during the war of the ~ebellion, including the use and occupa- favorably to the House. tiOn of a lot of land at Lexmgton, Kentucky, ami the timber and LOUIS A. M'LAUGHLIN. fencing taken therefrom. The next business on the Private Calendar was the bill (H. R~ No. There being no objection, the bill was laid aside, to be report-ed 1521) granting a pension to Louis A. McLaughlin. favorably to the House. The bill directs the Secretary of the Interior to place upon the pen- R. J. JIID..T])ERSON. siOn-roll, subject to the provisions and ]imitations of the pension.laws, The next business on the Private Calendar was the bill (H. R. No. the name of Louis A. McLaughlin, late a scout. in the military division 2835) for the relief of R. J. Henderson, of Newton County, Missouri. of the Missouri, and pay him a pension from and after the passage of • The bill directs the Secretary of the Treasury to pay toR. J. Hen- this act. derson, of Newton County, Missouri, the sum of $7,253.90, which shall There being no objection, the bill was laid aside, to be reported be in full compensation for all balances due said Henderson growinO' favorably to the House. . ~ut of a contmct made in 1865 with Captain William Mills, post-qua~ ELLEN ?tiORROW. termaster at Nashville, Tennessee, at the time, to cut and deliver three The next business on the Private Calendar was the bill (H. R. No. thousand· cords of wood at the Cumberland River for the use of the 2839) granting a pension to Ellen Morrow, mother of John Morrow, Army, &c. ]ate private Company H, Potomac Home Brigade, Maryland Volun- There being no objection, the bill was laid aside, to be reported teers. favorably to the House. The bill directs the Secretary of the Interior to place on the pen- JOSEPH WILSO~. sion-roll, subject to the provisions and limitations of the pension The next business on the Private Calendar was the bill (H. R. No. laws, the name of Ellen Morrow, mother of John Morrow, late pri- 283G) fo~ th~ relief of Joseph ·w ilson, of Bourbon County, Kentucky. vate Company H, Potomac Home llrigade,Maryland Volunteers. The btll duects the Secretary of the Treasury to pay to Joseph Wil· There ueing no objection, the bill was laid aside, to ue reported son, of Bourbon County, in the State of Kentucky, the sum of $15 300 favorably to the House. which ~urn shall be in full compensation for ninety mules capt~ued JOHN J. PARTILLO. from hm~ by rebels at Beltsville, in tbe State of Maryland, in the year The next business on the Private Calendar was the bill (H. R. No. 1864, whtch mules were pre..;;ented at the picket-lines of the defenses 1931) granting a pension to John J. Partillo, of Gratiot County, around Washington, District of Columbia, in part fulfillment of aeon- Michigan. tract to deliver in said city fiv~ hunru·ed mules. The bill directs the Secretary of the Interior to place upon the pen- IV-189 3010 CONGRESSIONAL RECORD-HOUSE. MAY 5, sion-roll the name of John J. Partillo, late a private in Company H, laws, the name of Lucinda Starnes, mother of Jefferson Starnes, lat-e Sixteenth Regiment of Michigan Infantry Volunteers, subject to the private of Company F, Fortieth Regiment of United States Colored provisions and limitations of the pension laws. Troops Volunteers. ·There being no objection, the bill was laid aside, to be reported There being no objection, the bill was laid aside, to be reporte, gion. Tennessee, for money lost in the mail by fire at the bnrning .of the steamer Pat Mr. BENNETT. This bill does not give the number of the regi- Roaers on the mornine: of the 5th day of August, 1874, while the same was en ment. I move to insert the words "One hundred and fifth Regiment" ro:r.e from Knoxville, Tenne see, to Cincinnati, Ohio. Rule was po tmaster at before the words "Indiana Legion." Knoxville, and, on the 1st day of August, 1874, as was his duty under the r egula. lations and instructions of the Post-Office Department, made up a package of Mr. RUSK. I must object t.o that amendment; I think there was money from hi.s surplus money-order funds for the purpose of sending it to the no such command at all. The bill is correct a-s it is. Cincinnati office for depo it. It was composed of five notes of different national Mr. BENNETT. It does not give the number of the regiment. banks and one United States note1 of the denomination of $100 each, the rlate aml Mr. RUSK. There was no such regiment as the gentleman indi- number of each being given. Tno te. timon:v in the case goes to show that tho' package was made up aml deposited in tho mail, (register~d letter No. 114, in~losed cat.es. m registered-package envelope No. 105.) Tho proper receipts at every cha.ng:e m the Mr. BENNETT. I will not insist upon my amendment. route seem to have been passed between the route-a~ents, showing that the packa:ro There being no objection, the bill was lai(l aside, to be reported went on board the Pat Rogers at Louisville, Kentucky, August 4, in cba.rge ?f ~· f::worably to the House. F. Hall, mail-agent on board the boat., who swears that he had the package m his possession, with twenty-five otl1er registered packages, which he took out on the LEVI D. HAYW~D. forecastle of the boat soon after she was found to be on fir , hoping that opportu- The next business on the Private Calendar was the bill (H. R. No. nity would offer to save them, but he swears that the boat did notla.nd, and that be was compelled to leave them to be burned, while he s.wed himself as best he 2844) granting a pension to Levi D. Haywarcl. could. The bill directs the Secreta.ry of the Interior to place on the pen- The money belonged to the Post-Office Department and the postmaster was act. sion-roll, subject to the provisions and liinitations of the pension ing in obedience to orders in sending it through the mail in the ~.anner he did. laws, the name of Levi D. Hayward, late a private in Company B, There being no objection, the bill was laid aside, to be reported Thirty-first Regiment Iowa Infantry Volunteers. favorably to the House. There being no objection, the bill was laid aside, to be reported favorably to the House. SARAH F. ALBERTSON. HERMAN NETTLEFIELD. The next business on the Private Ca.lendar was the bill (H. R. No. 150:3) for the relief of Sarah F. Albertson, of Booneville, Missouri. The next business on the Private Calendar was the bill (H. R. No. The preamble states that Nathaniel Albert on, now decea eo, a 2845) granting a pension to Herman Nettlefiel~l. member of the Thirty-ftrst Congress from the State of Indiana, left The bill directs the Secretary of the Interior to place on the pen- undrawn of the moneys due him as such member the sum of $160, sion-roll, subject to the provisions and limitations of the pension which sum has never been drawn. laws, the name of Herman Nettlefteld, late of Canby's scouts. The bill directs the Secretary o£ the ~easury to pay to Sarah F. There being no objection, the bill was la.id asiue, to be reported Albertson, of Booneville, Mi souri, the widow of the sa.id Nathaniel fa.vorably to the House. Albertson, deceased, the said sum of 160; which sum, when paid, LOVINA ADELINE BOWKER. shall be in full compensation of said claim. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 2846) granting a pension to Lovina Adeline Bowker. favorably to the House. The bill directs the Secretary of the Interior to place on the pen- STEPHEN V. BENET. sion-roll, subject to the provisions and limitations of the pension The next business on tht) Private Calendar was the bill (H. R. No. la.ws, the name of Lovina Adeline Bowker, step-mother of Wilbur F. 2952) authorizing the Commissioner of Patents to rehear the applica- Bowker, late a priva.te in Company H, Eighth Regiment of Vermont tion of Stephen V. Benet for patent for cartridges. Volunteers, and cause ~be paid to her the same pension which she The hill was read. It directs the Commissioner of Patents to re- would be entitled t.o if the said Wilbur F. Bowker were born of her vive the application of Stephen V. Ben~t for a pa.tent for an improved body. cartridge, dated April, 1866, and to hear and determine t.his 'applica- There being no objection, the bill was laid aside, to be reported tion in the same manner as if two years had not elapsed smce the last fa.vorably to the House. action of the office thereon, and to grant letters-patent npon the ap- LUCINDA STAR~TES. plication if the invention therein described and claimed is found to The next business on the Private Calendar was the bill (H. R. No. be novel and patentable. But no person is to be held responsible in 2847) granting a pension t o Lucinda Starnes. damn.ges for the manufacture, sale, or use of such cartridges prior to The bill directs the Secretary of tho Interior to place on the pen- the issue of the patent. And the sub equent sale and use of tho e sion-roll, subject to the provisions aud limitations of the pension · manufactured at the time of the issue are not to be held to be an in- 1876. CONGRESSIONAL RECORD-HOUSE. 3011 fringement of the patent. The Government is to be entitled to the ten years he has discharged the duties of brigadier and major-general, freo use thereof for tho milit:nv or naval service. the bill authorizes the President to place tha,t officer on the retired There being no objection, the bill was laid aside, to be reported list of the Army, after forty-three yea,rs' active service, as brigadier- bvombly to the H_ouse. · gener:1l, with the pay. and emoluments of a retired officer of that HUGH W. MERCER. grade. The next business on the Private Calenda,r was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 2953) for the relief of Hush W. Mercer. favorably to the House. The bill was read. It duects the Secretu,ry of the Treasury t-o pay to JOHN S. DICKSON. Hugl~ W. Mercer 29,589.14, being the amount received into the Treas- The next business on the Private Ca,lendar was the bill (H. R. No. ury of the United States under certain proceedings and decree in 2404) for the relief of John S. Dickson, la,te captain of paroled pris- the southern district of New York, attempting to condemn the stock oners. and dividends of Mercer in the Minnesota Mining Company, the same The bill was read. It directs the Secreta.r y of the Treasury to pay being in full for all claims and demandR of Mercer against the United to JohnS. Dickson, late capta,in of Compa,ny B, paroled prisoners of States connected with or in any manner growing out of the claim, Wisconsin Volunteers, out of any money in the Treasury not other- for which a receipt shall be taken in full by the proper officer of the wise appropriated, the full pay and allowa,nces of a, captain of in- Treasury. . fantry for the period of nine months and twenty d:tys, the same being There being no objection, the bill was laid -tside, to be reported the time he served as captain of Company B, paroled prisoners, deduct- favorably to the House. ing therefrom the amount of pa.y received by Dickson as sergeant of 1o1RS. FLORA A. DARLING. Company C, Eighteenth Regiment Wisconsin Volunteers. The next business on the Private Calendar was the bill (H. R. No. There being no objection, the bill was laid aside, to be reported 401) for the relief of 1\frs. Flom A. Darling. fa,vombly to the House. The bill was read. It directs the Secretary of the Trea.sury to pay LEGA.L REPRESENTA.TIVES 01!' GEORGE SCHWARTZ. to Mrs. Flora A. Darling, out of any moneys in the Treasury not oth- erwise appropriated, 5,000, in re-imbursement for losses sustained by The noxt business on the Priva,te Ca,lendar was the bill (S. No.168) her in consequence of the seizure by military authority of certain for the relief of the legal representuti ves of George Schwartz, decea,sed, bank-notes and personal effects at the city of New Orleans, in Jan- late priva,te in Company F, Fifth Regiment Wisconsin Volunteer In- uary, 1~64, while on a flag-of-truce boat, under the protection of a fa.ntry. p:n~sport given her by Major-General N. P. Banks, then commanding The bill was read. It directs the Secretary of -W'U' to amend the the Department of the Gulf. record of George Schwa,rtz, late a private in Company F, Fifth Regi- There being no objection, the bill was la.id aside, to be reported ment Wisconsin Volunteer Infantry, by causing the. charge of deser- favorably to the House. tion to be removed. The legal representatives of Schwartz are to be trea,ted in respect to claims for pay, allowances, bounty, and pension J. E. ROBERTSON & CO. . " the same as if the death of Schwartz had been proved to have taken The next business on the· Private Calendar was the bill (H. R. No. place in the line of his duty and in the military service of the United 901) for the relief of J. E. Robertson & Co., of Indianapolis. Stn.tes. The bill was reacl. It directs the Secretary of the Treasury to pay There being no objection, the bill :was laid a,side, to be reported to J. E. Robertson & Co., of Indianapolis, Indiana, $432.96, or so much favorably to the House. thereof as Robertson & Co. shall prove, to the satisfaction of the A. F. M 1MILLEN. Commissioner of Internal Revenue, that they have expended in the purchase of revenue-stamps used by them to stamp manufactured The next business on th~ Private CaJenda,r was the bill (H. R. No. tobacco upon which n. tax had been previously paid under the reve· 3033) for the relief of A. ~.,. McMillen, late captn.in First United nne in force at the time of its manufacture a,ud sale, but which was States Heavy Artillery. made liable to be stamped under the act of .:f uly 20, 1868, thus re- The bill was read. It directs the Secretary of the Treasury to pn.y quiring a double tax on the same toba,cco; payment to be ma of Kuner, Zisemann & Zott, anet entered upon the June list of said year for sa.id dis- That in 1855 the claimant·, as owner of the sailing- vessels Magnolia and Amelia trict; $2.J:J5, assessed by said Commissioner, on saicl2d day of August, against Max started out from the cit.y of New York laden with a large amount of arms aml Kuner and Armin Zot.t. former partner8 in business at saicl Saint Lonis, under the munitions of war. Shec1eared from New YorkforSaintMary's, rl'pre entingthn.t firm-name and style of Kuner & Zott, and entered upon the hst la t above mentioned; she had no cargo, and only ballast. when her tme destinat.ion was SaintJo.seph Bay, and $560.40, assessed by said Commissioner on the 27th day of December, 1875, a retired inlet on the coast of Florida. The character of her cargo seems to havo against C. Nachtrieh, J. F. Nachtrieb, C. E. Kopp. and F. A. Burch, doiug busi- been concealed from her crew. She touched at Key West.,where the captain was fined ness at Galion, in the ninth district of Ohio, under the firm-name and s~le of $100 for omitting to obtain a clearance at Ntw York. At Key West she cleared Nachtrieb & Co., and' entered upon the NovP.mber list of said year for the district for Mobile, but she went to the bay of Saint Joseph, where she remained for many aforesaid. · days, and wns seized by a Uni.teu States revenue-cutter and brongb.t into Mobile. In the mean time a brother of the claimant went to New Orleans to tTy to sell the There being no objection, the bill was laid nside, to be reported car"O to a party suspected of outfitting an invasion against Cuba. favorably to the House. The United States district attorney filed a libel ap;aiu t the vesst'l Maf.,.nolia in tl1o ALBERT GRANT. United States district court, under the act of Congress of the 20th o · April, 1 18. On ibe trial of this cause, while the circumstanct's surrounding the case were most The next business on the Private Calendar was the bill (H. R. No. suspicious, yet the proof, in the jndgment of the court, was not sufficicntl.v direct to su!!tain tl1e proceeding, aml the vessel and cargo were discbar_gell. A similar pro- 3182) for the relief of Albert Grant. ceedin~ was inst.ituted against the vessel .Amelia in the United >:ltates distlict court The bill was read. It authorizes and directs the Court of Claims for the southern tli!!trict of New Y01 k. This proceeding seems to l1ave been com- to re-open andre-adjudicate the case of Albert Gr:tnt and lJarius C. promised and clismis~ed on the agreement entered of record that t-he claimant here Jackson (doing business as ,.A.. Grant &. Co.) upon the proofs heret-o- should forego any action for damages against the coUlDlercial agents for tl1e seizure, or against those who bron~ht the vessel to that port, or for their connection with the fore submitted to the said court in said cause; and if said co.urt in seizure. such re-adjudication shall find, from such evidence, that the court The claimant alleges that, by reason of the premi es, be bas sustained damarres . gave judgment for a different sum than the evidence sustains or the by the wrongful detention of his vessels; that be, by lapse of time, has lo t hls court intended to enter, it shall correct such error nnd adjudge ·t o the right of action against the Government in the Court of Claims ; and there is, per- hrtJ?S, a ~nesti?n as to.the i';lrisdiction of said court over ~he subject-m.a.tter of tbe said Albert Grant such additional sum in said cause as the proofs chum. The bill for h1s relief asks tha.t the Conrt of Cla1ms be a.uthOI"IZecl and di- shall justify. rected, under its rules of practice, to examine into ancl adjullir.ate the amount if There being no objection, the bill was laid a-side, to be reported any, legally or eqnitnbly due tho claimant by reason of the premises. ' favorably to the House. A suming tho facts to be, if the claimant is without such fault a,s baa justl:v for- feit.ed his equitable right to relief, no good reason is perceivecl why be should not JAMES G. HARBISON. be allowed to have his rights, whatever they are, of a lawful nature heard and ad- The next busine son the Private Calendar was the bill (H. R. No. judicated by the court, where both the rights of the claimant. and of the Govern- ment may be protected under the gmwantees of judicial procedure. 1034) for the relief of James G. Harrison. But the committee, in view of the circumstances of this case, and the lapse of The bill was read. It authorizes and directs the Secretary of the time in its presentation here, deem it unwise to paRs upon the question of laches, Treasury to pay, ont of any money in the Treasury not otherwise ap- aml to authorize the court to proceed in the investigntion without an adjudication propriated, to James G. Harrison, late assistant assessor in the second of that question; and they therefore report back the nccompanying substitute for the bill and recommend its passage. revenue district of Indiana, the compensation payable to assessors in said district, from the 4th day of .March, 1867, until the 14th day of Mr. HENDEE. I object. April, 1869. .Mr. HOLMAN. I move to strike out the enacting clause of the Mr. WILSON, of Iowa. I ask that the report may be read. bill. Tbereport of the Committee of Claims was ren.d, a.s follows: Tho CHAIRMAN. Nothing is in orcler but the objection which bas It is shown that James G. Harrison was a.ssist.'\Dt nssossor of internal revenue, been made by the gentleman from Vermont. The bill is not before regularly appointed, for the second collection district of Indiana, from the 1st day the committee. of September, 1862, until the 13th day of April, 1869; that during two years, one Mr. HOLMAN. Is not an amendment to the bil1 in order nowf month, and nine days of that period, to wit, from March 4, 1867, to April13, 1869, there being no assessor for said district, he served, by direction of the Commis- The CHAIRMAN. Objection is made to the consideration of the sioner of Internal Revenue, as acting assessor of said district, performing all of the bill, and the motion of the gentleman fi·om Indiana cannot be enter- duties pertaining to the office of assessor, and that for that period be received only tained. the compensation allowed by law t~ a-ssistant assessors, to wit,.$5 per day. He now WILLIAM G. FORD. asks the payment of such balance as will realize t~ him the full pay of an assessor for the period during which he discharged the duties of that office. A letter from The next business on the Private Calendar was the bill (H. R. No. the Fifth Auditor to your committee, dated March 19, 1874, states that such bal- 492) for the relief of William G. Ford, of Tennessee. ance would be 1,555.90. · -The bill w:.i.s rend, as follows: Your committee believe that the petitioner, having performed the duties of the office of assessor, should receive the full pa.y provided by law for such services; Be it enacted, cl:c., That the claim of Willi'llll G. Ford, administrator of John G. and for that purpose they report back the bill (H. R. No. 1034) and recommend that Robinson, deceased, fortbeinterestofthe.Americanheirs, which was not provided for it do pass. in the award of the mixed com.n:ission under the treaty of Washington, of date Sep- tember 24, 1873, be. and the samo is hereby, referred to the Court of Cl;~.ims, and. such There being no objection, the bill was laid aside, to be reported court is authorized and directed to investigate the same, and to ascertain 1 deter. favorably to the House. mine, and adjudge the amount equitably due said William G. Ford a.s administra- tor of saill John G. Robinson, deceased, if any, for the interest of saicl American CITY OF MACON, GEORGIA. heirs not provicled for in said a.wai"d ; and said Uourt of Claims is authorized and The next business on the Pri-vate Calendar was the bill (H. R. No. reqnired to receive as competent evidence the testimony already taken by said mi.fed commission in the said cnse. . 781) for the relief of the city of .Macon, Georgia. The bill was read. The Committee of Claims reported the following amendments: Mr. WILSON, of Iowa. Let the report be read. In lines 9 to 13 strike out these words, "and such court is authorized and directed The report was read. to inve..'ltigate tho same, and to as{~ertain, determine, and adjudge the amount equi- Mr. WILSON, of Iowa. I think that bill bad better go over, that tably due said Wjlliam G. Ford as administrator of said John G. Robinson, deceased, if there may be an opportunity for discussion. any, for the interest of said American heirs not provided for in said award;" and inRert the words "relieved from the bar of the statute of limitations." In line 15 strike out the words "and required" after the word" authorized," and JACKSON T. SORRELLS. the word "competent" after t.he word "as," and insert after the word'' evidence" The next business on the Private Calendar was the bill (H. R. No. these words : "at its discretion." 755) for the relief of Jackson T. Sorrells. At tho end of the bill insert the following: As though ta.k en over again ; and either party may take further and additional The bill was read. It authorizes and aireots the Secretary of the testimony under the order and rules of the court, as in other cases. Treasury to pay to Jackson 'f. Sorrells the sum of 53.80, for carrying Amend the title by adding the words "administrator of Jolm G. Robinson, de- the United States mails in the year 1865 between Asheville and ceased." Franklin, North Carolina. M:r. WILSON, of Iowa. I call for 'the rending of the report. There being no objection, the bill wa-s laid aside, to be reported 'fhe rep'ort of the Committee of Claims was read, as follows : favorably to the House. Under the treaty of Wa.'!hing_!;£n of May 8, 1871, between Great Britain and tbe APPLETON OAKS~OTH. United States, the IJetitioner, william G. Ford. as the administrator of John G. Robinson, deceased, late a subject of Great Britain, pro ecuted a claim before the The next business on the Private Calendar was the bill (H. R. No. mixed commission on British and American cases, aml obtained an awai"d of $29,638, 3183) allowing Appleton Oaksmith to prosecute certain claims before in j?;Old, that sum having been found due to Mary G. Barker, a. subject of Great the Court of Claims. Bntain, and one of the heirs of tho saicl estate of Robinson. · The sum claimed before the commission was 8,~60, with interest from date of The bill was read. It provides that the claim of .Appleton Oak- seizure, March, 1863, up to date of award, September 24, 1873. smith against the United States for the alleged wrongful seizure and The heira of the estate of said Robinson were four in number. Two of them detention of the sea-going vessels Magnolia and Amelia, and their were subjects of Great Brit..1.in, namely, Mrs. Bark r and one who died in En_g lanu car~oes, by the authorities of the United States, jn 1855, respectively before the award of the commis ion. The remaining two are American citizens: John G. Robinson, jr., and Eliza Lescesne. in the ports of .Mobile, in the United States, and Port au Prince, in The claim of these two heirs was, because of their American citizenship, dis· the islaud of Hayti, be, and is hereby, referred to the Court of Claims; missed by the mixed commission without prejudice. ~ 1~76. CONGRESSIONAL RECORD-HOUSE. 3015 The facts befoce recited are established by properly certified copies of the pro- A bill (H. R. No. 2953) for the relief of Hugh \V. Mercer; ceedings of the commission. A bill (H. R. No. 401) for the •elief Q.f .Mrs. Flora A. Darling; The administrator of the estate now asks that he be allowed to institute regular A bill (H. R. No. 901) for the relief of J. E. Robertson & Co., of proceedings in the Court of Claims in respect to so much of the cla1m as relates to the interust.t, retiring gentlemen upon large pensions Mr. MORRISON. This bill ought to be referred to the Committee who during a long series of years have received compensation far be- on the Judiciary. yond the usual compensation received by citizens engaged in the pri- Mr. HUNTON. I have just reporte(l it from that committee, with vate pursuits of life. I simply want to call the attention of the a recommendation that the amendments of the Senate be concurred in. House again to the character of this bill or of the amendment. Mr. HEWITT, of Alabama. I would like to inquire of the gentle- !t!r. HOPKINS. I rise to a question of order. Is dtscussion in or- man reporting this bill why it is that a provision is put in that this der while the House is trying to ascertain whether there is a quorum judge shall resign in six months T present7 Mr. MORRISON. They want the appointment of his successor them- The SPEAKER pro tentpore. The only propositions that the House selves. can entertain, inasmuch as it has been disclosed that a quorum hna Mr. HUNTON. It is very important for the dispatch of the busi- not appeared, are a motion to adjourn or a motion for a call of the ness of this district that this bill should pass as soon as possible. This House. judge is an old man, bnt not quite old enough to be retired under the Mr. HOLMAN. I move to lay the bill upon the table. present law. He is not physically able t~ hold the court, and the The SPEAKER pro tentpore. The Chair can eute~:tain no motion business of the district requires th:tt this bill shall pass at this time. except a motion to adjourn or for a call of the House. · The question was taken on concurring in the amendments of the .Mr. MILLIKEN. I move that the House do now adjourn. Senate; and upon a division there were-ayes 68, noes 34. Pending the motion to adjou~n, · Mr. SPRINGER. No quorum has voted, and I a.sk for tellers. Tellers .were ordered; and Mr. HuNTON and Mr. HEWITT of Ala- LEAVE OF ABSENCE. bama were appointed. :Mr. TOWNSEND, of New York, was granted leave of absencefortwo Before the tellers took their places, weeks. Mr. HOPKINS said: When this bill was before nuder considera- .Mr. PHELPS was granted leave of absence for ten days, on account tion in this House a statement was made of the long and efficient of ill health. services of this distinguished jurist. He is within two years of hav- Mr. HA.RTRIDGE was granted leave of absence for three days, on ing reached the a~e when he could retire under existing law without account of important business. further action by \Jongress. Hlli vocal powers have become paralyzed, Mr. SrNNICKSO~ was ~ranted leave of absence for ten days, on ac- and he cannot now conduct the business of the court. He is poor, count of important busmess. 1876. CONGRESSIONAL RECORD-HOUSE. 3017 WITHDRAWAL OF PAPERS. By Mr. RIDDLE : Papers relating tQ the petition of A. M. Tinsley for a pension, to the Committee on Invalid Pensions. On motion of Mr. HOLMAN, by unanimous consent, leave was By M1·. STEVENSON: The petition of manufacturers and dea-lers granted for the withdrawal from the files of the House of the petition in tobacco of Bloomington, Illinois, that the law regulating the man- and papers in tlle case of Mrs. A. H. Thompson, of New York, now be- ncr of packing toba~co remain a>':! at present, to the Committee of fore the Committee on War Claims. Ways and Means. The question was then taken on the motion to adjourn; and on a By Mr. THOMPSON: The petition of Joseph Fuller, for a pension, division, there were-ayes !:*3, noes 40. to the Committee on Invalid Pensions. So the motion was agreed to; and accorclingly (at four o'clock an!! Also, the petition of C. H. Hopkinson and 41 others, of Groveland, forty minutes p.m.) the House adjourned. Massachusetts, that the legal-tender currency of the United States may be a legal tender for duties on imports, to the Committee of PETITIONS, ETC. Ways and Means. By Mr. WALDRON: The petition of John B. Hays, for compensa- The following memorials, petitions, and other papers were pre- tion for propert.y taken and destroyed by the United States Army, to sented at the Clerk's desk under the rule, and referred as stated: the Committee on War Claims. · By Mr. BAKER, of Indiana: A. paper relating to the petition of · By Mr. WALLACE: The petit.ion of 9,445 citizens of Pennsylvania, Erasmus Cockett, for a pension, to the Committee on Invalid Pensions. that the Constitution of the Unit-ed States be so amended as to ac- By Mr. BLAND: A paper relating to a post-ronte from Licking to knowledge God and Christianity, to the Committee on the Judiciary. West Plains, Missouri, to the Committee on the Post-Office and Post- By Mr. WELLS, of Missouri: The petition of citizens of Saint Roads. Louis, Missouri, that the present tariff laws remain uncha.nged, t.o By Mr. BURCHARD, of II1inois: The petition of citizens of Free- the Committee of Ways and Means. port, Illinois, that the law re~ulating the manner of packing tobacco By Mr. WHITE. The petition of Major John A. Morrison, for nom- remain as at present, to thE:\ t;ommittee of Ways and Means. pensation for services' rendered in recrulting for the Twenty-third By Mr. DOBBINS.: The petition of Ann E. Webb, for a pension, Kentucky Volunteers, to the Committee on_\Var Claims. to the Commit.tee on Invalid Pensions. lly .Mr. WHITING: The petition of the wholesale dealers of Peoria, Bv .Mr. ELKINS: The petition of citizens of Elizabethtown, New illinois, that the present law relating to the manner of packing to- Mexico, for the 'establishment of a post-route from Trinidad, Colo- bacco remain unchanged, to the Committee of Ways and Means. r:.tdo Territory, to Ta.-os, New Mexico, via Elizabethtown, to the Com- mitt-ee on tlle Post-Office and Post-Roads. lly Mr. FAULKNER: A paper relating to the establishment of a post-route from Huttonsville to Hinklesville, via Sago, ·w est Virginia, to the same committee. IN SENATE. By Mr. FOSTER: 'fhe petition of citizens of Fremont, Ohio, that the law regulating the manner of packing tobacco 1·emain as at pres- SATURDAY, May 6, 1876. ent, to the Committee of Ways and Means. lly Mr. HARDEN BERGH: Resolutions of the city council of Ho- Prayer by the Chaplain, Rev. BYRON Sm"'DERLAND, D. D. boken, New Jersey, asking that the free-delivery system of the Post- 'I'he Secretary proceeded to read the Joumal of yesterday's pro- Office Department be not abolished in cities having 25,000 thousand ceedings, when on motion of Mr. THURMAN, and by unanimous con- inhabitants or over, to t.he Committee on the Post-Office and Post sent, the further reading w~ dispensed with. Roads. EXECUTI'i'E COMMUNICATION. lly Mr. HOPKINS: Papers relating to the petition of citizens of The PRESIDENT pro tempore laid before the Senate a letter from Allegheny County, Pennsylvania,, for re-imbursement for moneys ex- the Secretary of the Treasury, in answer to a resolution of the Sen- pended in erecting an additional spn.n to the bridge of the Baltimore ate of the ~4th ultimo in reference to the amount in each case of the and Ohio Railroad Company across the Ohio River at Parkersburgh, average and of taxable capital and of the average and of taxable West Vir:?inia, to secure the safeyassage of tow-boats and their :fleets deposits on May 31, 1875, in savings institutions having a capital undersaiCL bridge, to the Committee on Commerce. stock or bomls of the respective States and Territm;es, &c., inclos- lly .Mr. HUNTON: The petition of Oliver G. Butts, for a reconsid- ing a statement from the Commissioner of Internal Revenue; which eration of his claim disallowed by the southern claims _commission, to was referred to the Committee_on Finance, and ordered to be printed. the Committee on War Claims. IMPEACIL'ffiNT OF W. W. BELKNAP. Also, the petition of Daniel Coalman, of similar import, to the same committee. The PRESIDENT pro tempore. Pursuant to order, legislative and Also, the petition of George Cooper, of similar import, to the same executive business will be suspended, and the Senate will now pro- committee. ceed to the consideration of the articles of impeachment against Also, the petition of Samuel J. Kolb, of similar import, to the same William W. Belknap, late Secretary of War. The Sergeant-at-Arms committee. will make the opening proclamation. . · Also, the petition of Charles W. Henderson, of similar import, to The Senate then proceeded to the trial of the impea~hment of the same committee. William W. Belknap, late Secretary of War. Also, the petition of John J. Lock, administrator of Uriah Ruther- The Senate sitting for the trial of the impeachment having ad- ford, deceased, of simila-r import, to the same committee. journed, then resumecl its Also, the petition of James W . .Myers, of similar import, to the same LEGISLATIVE SESSIO~. committee. · The PRESIDENT pro tempore. The Senate 1·esumes its legislative Also, the petition of George Show, of similar import, to the same session. • committee. · Mr. WRIGHT. I move that the Senate adjourn. Also, the petition of Henry Zepp, of similar import, to the same The motion was agreed to; and (at five o'clock and four minutes committ.ee. p.m.) the Senate adjourned. By Mr. JENKS : The petition of John G. Scherzer, for a pension, to the Committee on Invn.lid Pensions. By .Mr. JONES, of Kentucky: The petition of manufacturers and dealers in tobacco, that the law regulating the manner of packing tobacco remain as at present, to the Committee of Ways and Means. HOUSE OF REPRESENTAT.fYES. By Mr. LANDERS, of Indiana: The petition of Jacob B. Power, for a pension, to the same committee. SATURDAY, May 6, 1876. By Mr. MAISH: The petition of 116 Union soldiers, for the equali- zation of bounties, to the Committee on .Military .Affairs. · The House met at twelve o'clock m. Prayerbythe Chaplain, Rev. By Mr. PIERCE: Resolutions of the Boston Board of Traae, nrging I. L. TOWNSF.XD. the necessity of the Signal Service Bureau and that Congress make The Journal of yesterday was read and approved. appropriati.ons p.ecessary to its full efficiency, to the Committee on MESSAGE l<'ROM: THE SENATE. AppropriatiOns. Also, resolutions of the Boston Board of Trade, asking that Con- nounced A message from the Senat-e, by Mr. S YMPsox, one of their clerks, an- gress take no action relative to the taking of sea supplies from bond, that the Senate was ready to proceed upon the impeach- or action looking to the advantnge in any one particular of the mari- ment of William W. Belknap, and to receive the managers on the time interests of the country, until it iR prepared to deal with the part of the House, and that the Senate Chamber ~as prepared with whole subject of the ocean commerce and foreign carrying trade of accommodations for the reception of the House of Representatives. the United States, to the Committee of Ways and Means. SWEARING IN A ME:\IBER. Also, resolutions of the Boston Board of Trade, favoring the passage Mr. POPPLETON. I rise to a question of privilege. I ask that of t.he bill providing for the abolition of compulsory pilotage, to the tho oath of office be now administered to J. V. LeMoyne, who, by Committee on Commerce. action of the House, has been declared elected a member of this Con- By Mr. REA GA....~: A letter from William Hill, of Tyler, Texas, rela- gress from the third congressional district of Illinois. tive to the conduct of Colonel Brigland, a United States revenue Mr. LE MOYNE presented himself at the Clerk's desk and was officer, to the Committee on Military Affairs. duly qualified by taking the oath of office. r 3018 CONGRESSIONAL RECORD-HOUSE. MAY 6, lTh~ED STATES COURTS, ETC., NORTH CAROLINA. DR. D. M. ALLEN. Mr. VANCE, of North Carolina. I offer the folJowing resolution, Mr. NEW, by unanimous consent, from the Committee on \Var with the approbation of th~ Committee on Public Buildings and Claims, made an adverse report on the petition of Dr. D. M. Allen, Grounds. asking for compensation for damages arising from his arre t on the The Clerk read as follows: 16th of October, 1862; which was laid on the table, and ordered to be Resolved, That the Secretary of the Treasury be. and be is hereby, instructed to printed. canso inquiry to be made into the propr'(\~ of taking a pe~etual lease on the fol- HEIRS OF HENRY L. CLOK. lowinrr xooms in the court-house at Asheville, North Carolina, for the use of the Uniteil States; to wit: A room to bold Umted States courts i a room for the United . Mr. NEW also, by unanimous consent, from the Committee on War States district attorney; a room for the United States marsnal; a room for the col- Claims, reported a bill (H. R. No. 33t!O) for the relief of the legal rep- lector of internal revenue seventh district North Carolina; a room for the post- resentatives or heirs of Henry L. Clok; which was read a first and office; a room for the gr.md juries; and that be report at a day as early as po ible, second time, referred to the Committee of the Whole on the Private setting forth the sum to be paid for said lease, if, in his judgment, it is proper to ma.ke the same. Calendar, and, with the accompanying report, ordered to be printed. Mr. WILSON1 of Iowa. Is the resolution which has just been read A. F. AND N.· C. ST. JOHN. reported from the Committee on Public Buildings and Grotmds f Mr. NEW also, from the Committee on War Claime reported back, Mr. VANCE, of North Carolina. It is not reported from the Com- with a favorable recommendation, the bill (H. R. No. ll25) for there- mittee on Public Buildings and Grounds, but is offered with the ap- lief of A. F. and N. C. St. John, of Virginia; which was referred to probation of that committee. the Committee of the Whole on the Private Calendar, and the a~com­ Mr. HOLMAN. It is thought to be a proper subject of inquiry of panying report ordered to be printed. the TreMury Department-that is, whether it is a proper thing to do. There was no objection, and the resolution was adopted. MARTIN H. AMESBURY. Mr. VANCE, of North Carolina, moved to reconsider the vote by Mr. NE\V also, from the Committee on War Claims, reported back, which the resolution was adopted; and also moved that the motion to with a favorable recommendation, the bill (H. R. No. 20 ) for there- reconsider be laid on the ta.ble. lief of Martin H. Amesbury; which was referred to the Committee of The latter motion was agreed to. the Whole on the Private Calendar, and the accompanying report or- STAMP TAX. dered to be printed. Mr. HEWITT, of New York, by unanimous consent, introduced a SIGNAL STATION ON BLOCK ISLAND. bill (H. R. No. 3376) to amend the sixth section of chapter 127, Uni- Mr. HEREFORD, by unanimous consent, from the Committee on ted States Statutes at Ln-rge; which was read a first and second time, Commerce, reported back sundry petitions praying for the establish- ordered to be printed, and, with the a-ccompanying papers, referred ment of a signal station and telegraph on Block Island, and moved to the Committee of Ways and Means. · that the committee be discharged from the further con ideration of VETERANS OF 1812 AND :MEXICAN WAR. the same, and that they be referred to the Committee on Appropria- Mr. HURLBUT, by unanimous consent, from the Committee on tions. Military Affairs, reported back a joint resolut.ion (H. R. No. 10'2) au- The motion was ngreed to. thorizing the Secretary of War to loan the use of tents and camp and PUBLIC MARINE SCIIOOLS. garrison equipage for shelter of the surviving veterans of the war of 1 12 and of the Mexican war during the centennial exposition at Mr. GIBSON, by unanimous consent, introduced a bill (H. R. No. Philadelphia, with the recommendation that it do pa-ss. 3381) to amend an act entitled "An act to encourage thee tablish- The joint resolution, which wn-s read, authorizes and directs the ment of public marine schools," approved June 20, 1874, so as to ex- Secretary of War to loan seven hundred wall-tents and twenty hos- tend its provisions to the ports of Wilminl?ton, Charleston, Savannah, pital-tents from the military stores in charge of the depot quarter- Mobile, New Orleans, and Galveston; whiCh was read a first and sec- master at Philadelphia, together with necessary camp-equipage, to ond time, referred to the Committee on Commerce, and ordered to be the committ-ee of arrangements designated by the National Associa- printed. tion of Veterans of the Mexican War, to erect an encampment for MARY CLARKE BARD. the shelter and sleeping accommodation of the surviving vetemns of Mr. WALLACE, of Pennsylvania, by unanimous consent, intro- the Mexican war and the war of 1812 who may desire to visit the duced a bill (H. R. No. 3382) granting a pension to Mary Clarke .Ba.rd, national exposition at Philadelphia during the summer of 1876. of Pennsylvania; which was read a first and second time, referred to The joint resolution was ordered to be engrossed and read a third the Committee on Invalid Pensions, and ordered to be printed. time; n.nd being engrossed, it was accordingly read the third time, and p_assed . CLERKS, ETC., OF COl\IMISSIO:NERS OF CLAIMS.- .Mr. HURLBUT moved to reconsider the vote by which the joint The SPEAKER pro tempore. The Chair lays before the House a let- resolution was passed; and also moved that the motion to reconsider ter from t.he commissioners of claims, transmitting, in compliance be laid on the ta,ble. with the request of the House of Representatives dated May 1, all ~rhe latter motion was agreed to. complaints and affidavits made against the clerk of their board., or any ARMY OF THE UNITED STATES. special a~ent appointed by them, on file in their office. Mr. BANNING, by unanimous consent, from the Committee on Mil- This is m answer to a resolution offered by the gentleman from Mis- itary A.fiairs, reported back a bill (H. R. No. 2935) to promote the souri, [Mr. GLOVER,] and is accompanied by a large bundle of papeTs. efficiency of the Army of the United States, to provide for its grad- The Chair thinks it should ~o to the Committee on War Claims, and ual reduction, and to consolidate certain of its staff departments, and unless some other reference 1s suggested that will be ordered. · for other purpo es, with sundry amendments; which was ordered to Mr. CONGER. The subject-matter of this resolution was discussed be printed and recommitted. in the Committee on War Claims, and I believe the resolution was pre- pared by that committee to obtain this information. REVISED STATUTES. .. The letter and accompanying papers were referred to the Committee Mr. DURHA.M. I am instructed by the Committee on the Revision on War Claims. of the J~aws to ask unanimous consent of the House that the bill (H. ORDER OF BUSINESS. R. No. 3156) to coiTect errors and several omissions in the Revised St.a tutes of the Uniteu States shall be made the special order for the Mr. HOPKTirs. I call for the regular order. la t day of May, and from day to day unt,il disposed of. This bill The SPEAKER pro tempore. The regular order would seem to be embraces omissions and mistakes made in the Revised Statutes, the bill which was pending at the adjournment last evening. amounting to some three or four hundred, and it is important it should Mr. HOLMAN. I rise to a question of order. Yesterday was pri- have early consideration. vate-bill day, and the subject pending at the adjournment' last even- There wa-s no objection: and it was ordered accordingly. ing came up under the call for private bills This is not a private-bill day. I submit that the regular order is the business pending on the ARKANSAS SCHOOL LANDS. preceding day, and I desire therefore to submit the motion that the Mr. GAUSE, by ·unanimous consent, introduced a bill (H. R. No. Honse resolve itself into Committee of the Whole on the spedal order 3377) granting additional lands to the State of Arkansas for the use to consider the post-office appropriation bill, and in any event the of schools; which was rea.d a first and second time, referred. to the motion would be in order that the rules be suspended and that the Committee on Public Lands, and ordered to be printed. Honse resolve itself into Committee of the Whole for the consideration HOT SPRINGS, ARKANSAS. of the special order. Mr. GUNTER, by una-nimous consent, introduced a bill (H. R. No. The SPEAKER pro temp01·e. The Chair is compelled to rule, in 3378) to provide for the disposition of ·the Hot Springs reservation in accordance with what has been ruled by the Speaker of the House Arkansas; which was read a tirst and second time, referred to the heretofore, that the business pending at the adjournment of t.he House Committee on Private Land Claims, and ordered to be printed. yesterday does not come up as unfinished business until next Friday. The Chair would add that the disposition of unfini bed business is BENJAMIN l!'. _BEVEREDGE. of high privilege, recognized and ceTtain. It applies to the unfin- Mr. GUNTER also, by unanimous consent, intTodnced a bill (H. R. ished business on private-bill days, but that business is not resumed No. 3379) for the relief of Benjamin F. Beveredge; which was read a unt.il the next private-bill day. (See note on page 175, Digest.) first and second time, referred to the Committee on Indian Affairs, The question being taken on Mr. HoJ,MAN's motion, it was agreed and ordered to be printed. ' to. ., 1876. CONGRESSIONAL RECORD-HOUSE. 3019 POST-OFFICE APPROPRIATION BILL. gentleman has stated that $165,000 was expended in the year ending The House accordingly resolved itself into Committee of the Whole, June 30, 1875, for the payment of special ag~nts. In point of fact, (Mr. S.rRINGER in the chair,) and resumed the consideration of the bill but $160,923.49 was expended, being $923.43 in excess of the appro- (H. R. No. 3263) making appropriations for the service of the Post- priation. The amount paid to these special agents as salary was Office Department for the fiscal year ending June 30, 1877, and for $87,4t!l.31; as per diem, $61,840.50; as incidental expenses, $9,746.73; other purposes. · making a total, a.ccording to these details furnished me by the Post- .Mr. HOLMAN. It might have been proper that before the House master-General himself, of $159,068.54-a difference of $8,374.76 be- resolved itself into Committee of the Whole an order should have tween the amount stated in the published report and the subsequent ueen maue to close general debate. report in detail. The CHAIRMAN. The time for closing debate has been fixed; but Now, it will be observed that an amount equal to 75 per cent. of the House on Thursday last gave the gentleman from Indiana who all that waij paid as salary was expended as per diem the per diem in now has the floor permission to conch1de his remarks, and after he some cases being actua11y greater than the salary. Allowing for the has finished his remarks the general debate on this bill will be closed. salaries of forty-six special agents and for paying them for the time [Mr. HOLMAN addressed the committee. His speech will appear they are actually away from headC]uarters, I am satisfied after care- in the Appenuix.] ful investigation that the sum indicated in the bill is ample, unless The CHAIRMAN. All general debate upon this bill is now closed we propose to pay these officers 5 per day for each and every day in by order of the House. The bill will now be considered by paragraphs the year. for amendment, and the Clerk will read the bill for that purpose. I withdraw my p1·o forma amendment. The Clerk began the reading of the bill, and read as follows : Mr. HOLMAN. I think that my friend from Michigan [Mr. 'VAir For office of the Post-master-General: DRON] is under a misapprehension. Eleven agents are paid out of For mail depredations and special agents, 110,000. the transportation fund and only forty-six out of this fund. This will allow them their salaries and $790 a. year each for expenses. Mr. WALDRON. I m0ve to amend the paragraph just read by strik- 'fhe question being taken on the amendment of Mr. WALDRON, it ing out" $110,000" and insr.rtiug "$160,000." I a.sk the Clerk to read was not agreed to; th(:'re being ayes 49, noes not counted. a letter addressed by the Postmaster-General to the Committee on Ap- 'fhe Clerk read as follows: propriations. For compensation to postmasters, 6,500,000. The Clerk read as followij : PosT-OFFICE DEP.ARTim~'T, Mr. WALDRON. I move to amend the clause just read by making Washington, D. 0., March 24,1876. the amount of the appropriation $7,100,000. I think that my col- Sm : In reply to the commnnication of Mr. Robert .r. Stevens, clerk to the Commit· lea~ue on the committee, the gentleman from Indiana, will concur tee on Appropriations, of tbe22d instant, I'C9.uesting by direction of t.he committee a re-arrangement of certain items in the estimate for the expenses of this Depart. witn me in the propriety anu justice of this amendment. The amount . mP.nt, I respectfully submit the following facts for the information of the commit- actually paid as compensations to postmasters during the present fis- tee. cal year will be between S7,700,000 and 7,800,000. Now, assnmin(J' character of the ervice, be separated so as to specify a particula1· sum for each. that the new plan proposed by the committee for adjusting salarie~ The appropriation for mail depredations and special agents cannot, from the 'Vbile employed pl'iwarily to detect and punish depredations on t.be mails and other of postmasters is adopted, it will result in a reduction of about violations of the pnst.a.l laws, the special agents are at the '!lame time required to $700,000; a.n d that sum deducted from the amount pa.id this year as atteD!l to a multiplicity of miscellaneous work connected with every branch of the compensation of postmasters leaves $7,100,000 as the amount neces- postal service. Special agents aro required to investigate all irregularities reported as occurring sary, even if the new plan for adjusting salaries of postmasters be on the mail routes of the country, many of which are located in remote and obscure atlopted. I have therefore moved to add $600,000 to the amount of districts. the appropriation. . The instruction of newly appointed postmasters in their duties 3.1ld the correc- Mr. BLOUNT. I hope that the amendment will not be adopted. tion of errors that frequently occur through catelessness or incompetency also oc- cupy considerable of the special agent-s' timo; and they are not unrrequently called The expenditure last year for this purpose was 7,348,000. After a. upon to take po se ·sion of post-oftices an£1 discharge the duties appertaining thereto careful examination of t.he :figures, the committee have come to the for a considerable period, owing to the removal of postmasters for alleged criminal conclusion that the amount named in the bill will be sufficient. or otb er sufficient cause. The amendment was not agreed to. . It is made a part of t.he duty of special agentR, in cases of controversy, to exam- ine and report the proper locatiOn of post-office sites, to arrange terms for leases, and Mr. .MILLER. I move to amend the pending paragraph by strik- to snperintend transfers. This important service requires tlwrough in>estigation ing out this $6,500,000 and inserting $7,000,000. If I rightly under- an ll a careful consideration of all the sunonn£1ings, and intrusted to the special stood the distinguished gen t.leman from Indiana, [.Mr. HoLMAN,] who agents, who are free from local influences, both the Department and commnnities has advocated this bill, he intimated that he thought the amount are better serve£1 than otherwise could be possible. The small force of special arrents designated for the money-order division is not named in this paragraph too low and that an amendment should be able promptly to investi:;at.e au of the cases of alleged ft-aml and irregularity that sugge ted. I am satisfied that the amount ought to be increased. occur therein, and it is o:t daiJy occurrence that the special agents of the depreda- The sum fixed in the bill is evidontly upon the basis of the year end- tion force are employed to assist in the work connected therewiLh. · As an illustration of the result.'! accomplished by the force, the mail this morning ing June 30, 1875; .but these appropriations are for the year ending (March 24) brings reports of eight arrests made by our agents in different parts of June 30,1877; and after a lapse of two years, with an en1'l.rged busi- the country: a mail-messenger m Connecticut, a postmaster in Geor19a, and a gang ness, the number of post-offices having increased over a thousand a of six burglars in Eastern Penn~:~ylvania who have for a number ot months been year, a larger appropriation must eviuently be necessary. \Ve can- raiding tbrough several counties of that State and operating particularly on post. not pnt back a full-grown man into the boy's clothes. offices. The same a11:enli who effected this wholesale capture also obtained the in- formation which led to the recent a-pprehension of several counterfeiters in the Mr. WHITE. I move to amend the.amendment by adding the fol- same neighborhood. . lowing. In addition to the great amount of miscellaneous work briefly outlined above, the Provided, That no postmaster whose duty it is to distribute weekly so many as force nearly avm-ages an arrest for robbery and other penal violations of law for six mails shall be -paid a less annual compensation than $50; and where tho num- every workin~-day in the year, and in a large majority of ca-ses the arrests are fol- ber of mails distributed exceeds six per week the Postmaster-General shall pay lowed by convwtion. the postmasters at such places salaries commensurate with the work performed. The duties of special a~ents are always arduous, and often perilous, and in their ramifications extend over every branch of the service, and upon a faithful discharge The amendment to the amendment was not agreed to. of these tl1e success of the Postal Establishment in a great measure d~pends. The question thou recurred on the amendment of Mr. MILLER. I have the honor to be, sir, very respectfully, your obedient servant, .MARSHALL JEWELL, The question was then taken; and there were-ayes 60, noes 67, no Postmaster-General. quornm voting. Ron. WILLUM S. HOLMA...'i, Mr. RUSK. I call for tellers. Chairman Subcommtttee Appropriations, House of R.epresentatives. Mr. HOL!\1AN. Mr. Chairman-- Mr. WALDRON. I have to add only this- Mr. RUSK. I insist on tellers, unless the gentleman from Indiana. The CHAIRMAN. The five minutes of the gentleman have expired. is going to move an amendment. Mr. HUBBELL. I move to strike out the last word, and yield my Mr. HOLMAN. I was going to submit an amendment, but not time to my colleague, [Mr. WALDRON.] making the amotmt nearly so large as has been proposed. Mr. W .A.LDRON. I have only to add to what the Postma.ster-Gen- The CHAIRMAN. If no further count is insisted upon, the amend- eral has written that he asked to have $160,000 appropriated for this ment will he regarded as rejected. purpose for the next fiscal year. The amount expended under this Mr. RUSK. I insist upon a further count. itcem for the year ending June 30, 1873, was "158,000, and for the year Tellers were ordered ; and Mr. RusK and Mr. BLOUNT were ap- ending June :30, 1875, $165,000. Notwithstanding this recommenda- pointed. tion of the Postmaster-General, actually asking for a less a.mount for Tho committee divided; and the tellers reported ayes 59, noes not this service than was expended for the year ending June 30, 1875, the counted. Committee on Appropriations by this bill propose to appropriate only So the amendment was not agreed to. $110,000, or $50,000 less than the amount that has been expended :Mr. HOLMAN. In support of an amendment which has been of- annually for the last two years. fered, it has been said that it wa-s not easy to foretell what would be Mr. HUBBELL. I wit.hdraw my pro forma amendment. the e:fl'ect of the changes propo ed to be made in the law in regard Mr. STONE. I renew it. .Mr. Chairman, I listened very attentively to salaries. .An adversity of opinion has existed as to the effect of the to the reading of the very interestiug lotter from the Postmaster- new rule which we propose to a.d.opt; but while there is some differ- General, bnt I did not obs~rve in that Jetter any statement as to the ence as to the result a majority of the committee believe that$6,800,000 salary of these special dgents. Now I do know that their salary bas will fully cover the required expenditure. I therefore move to strike been fixed at $1,600 a year, while their per diem has amounted to out "five" and insert " eight;" so as to mako the amount $6,800,000. $1,825 a yearJ which 1 claim is not contemplate~ under tho law. The The amendment was agreed to. 3020 CONGRESSIONAL RECORD-HOUSE. MAY 6, The Clerk read as follows: jority of them have other avocations. I have n_o doubt that will be found to be true, and it will be further found that if the Department For compensation to olerks in post-offices, $3,290,000; and. the Post.master-Gen· seek to have this work done by the youn~ business men of the com- eral is hereby directed to cause a careful inquiry to be made mto iihe rates of com- pen atiun now paid to clerks in po_st-otfices, with a view t? a more. equitable adjust- munity, they will have no trouble in gettmg men to do it. nwnt anrl roduotion thereof, and, if such re-arrangement 1s practlc..'l:ble, to put the [Here the hammer fell.] same in force from aml afto\Jr July 1, 1876 : Provided, That such adJustment sh_all Mr. PRATT rose. in no case involve an increase over and above the present aggregat.e compensatiOn as pro,·ided in this act. Mr. CANNON, of Illinois. I withdraw the amendment, if the gen- tleman from Iowa [Mr. PRATT] will renew it. .For payments to letter·carriers, $1,650,000; Provided, That hereafter the free· delhrery syst~m shall not be establ!she~ .in eWes of tess than forty thousand_inha~­ Mr. PRATT. I renew the amendment. itants. and may be continued only m c1t1es of not less than forty thousancl mhabl- I wish to say one word in reply to the gentleman from Georgia on tanta where now establisheJ ov law. this proposition.. I certainly hope the amendment offered by the gen- Mr. CANNON, of lllinois. I move in line'%'/ to strike out" $290,000" tleman from illinois will prevail. The fact is, as iB known to every ru1d in lieu thereof insert "$650,000,'' so it will read "$3,650,000." western member of Con!Vess, tlla.t it is in many instances a.bsolutely Mr. Chairman, the amount spent last year was $3,fi00,000 for com- impossible to obtain clerKs in offices that need them very badly. I pensation of clerks in post-offices. The proposed increase is $150,000, know that in my own State during the short time that I have been making $3,650,000. In the main, I concur in the proposition of the in Congress my attention has frequently been called to the necessity committee in reduciug the salaries of postmasters. It cuts many of clerks in post~offices that but a few years ago were very small from $4,000 down to $3,000, and some still lower. It cuts many from affairs, receiving possibly but one or two mails a week, and needing $2,500 to $2,300, and some as low as $2,000. The truth is, outside of a no clerk, but which under the rapid increase of population in that few cities, perhaps, where they have been getting $4,000 a year, post- State have now become important offices, which have become dis- masters who got over $2,000 a year had to devot-e all of their time to tributing offices, and now transact n. large amount of business, f1·e- the performance of their duties, and bad to draw largely upon their quently receiving night mails. And I know of post-offices in my sala,ries to help pa,y for necessary clerk hire. I have an office in my own district where the postmaster is obliged to be up all night long mind, in my district, Champagne, and the allowance for clerk hire in almost every night in order to receive and dispatch the mails. And that city of six thousand population is only $:300, and the postmaster even in such offices as t.hose no clerk is allowed, and the only way the bas to my recollection for years had to pay largely out of his own postmasters can get along is by putting in some son, dn.ughter, or other pocket. This cuts off at both ends, so far as that class of officers is member of his family to assist him in doing his work; and unless he concerned. When, as you announce, you reduce in round numbers is so fortunate as to have a member of his family who is capable, and $800,000 on salaries of postmasters, it occurs to me you ought not to who can be safely intrusted with the duty, he is obliged to spend diminish the fund out of which the clerk hire is to be paid. his entire time, day and night, in the dischn.rge of those duties. It may be replied that there have been abuses in some of these four- Whenever an application is made in such ca.ses to the Department thousand-dollar offices. That may be so, but there are many offices for a clerk, the invariable reply is that there is no money, that the where there have been no abuses, and where as gentlemen well know appropriation does not justify them in paying addit.ional salaries. they have not been able to get the amount of clerk hire in the appro- Gentlemen seem not to comprehend the wants of that rapidly growing priation heretofore that their respective offices ought to have. There- and increasing section of the country, where a post-office one year may fore I think it is right when you cut off$ 00,000 from the salaries of receive but one or two mails a week and the next year may receive a postma.sters you ought not to cut down this appropriation for clerk dozen, coming in from all directions, and some of them in the night- hire. It is burning the candle at both ends. time. Now there should be provision for enabling the postmasters in Mr. BLOUNT. Mr. Chairman, the Committee on Appropriations, such offices to properly discharge their functions. in this matter of clerk hire in post-offices, determined they would Clerks are urgently needed in many offices in my State, and yet auopt the 10 per cent. rule as to salaries. They believed everywhere, they cannot be obtained, so the Department tell8 us, for want of in all the Departments of the Government, by reason of the reduction funds. Now this strikes directly at the appropriate and efficient ad- in value of the necessaries of life and the general depre~sion of busi- ministration of the postal service there, and when you touch the postal ness, it was proper to make reduction at least to that extent. They service you touch the people in a very tender place. The mails have diu not follow the rule whic4 had been observed in the other Depart- become an absolute necessity to the people of this country. They ments of the 20-per-cent. reduction in force, but have merely allowed are not a luxury but a necessity, and ample :md generous appropria- a reduction of 5 per cent at first, making in all a reduction of 15 per tions ought to be made to sustain every branch of this service. And cent., and finally coming to a reduction of 10 per cent. on last year. I condemn :md will not support any bill that attempts to stint this Increase in railroad transportation does not necessarily produce in- branch, of the public service, this branch of it which bn.s become such crease in clerk hire. The gentleman from Illinois says that he finds a necessity to the people and that mingles with their daily life and. in some places the postmaster at a salary of $2,000, and he gave one business as this brn.nch of the public service does. instance- Now, Mr. Chairman, every gentleman, I believe, by consulting the Mr. CANNON, of illinois. There are many such instances. wants of his own dL'Jtrict, especially in the newer States of this coun- :Mr. BLOUNT. He says there are many such instances where the try, will see the justice of these remarks; and I beg our friends not sn.l::try of the postmaster is $2,000, while the allowance for clerk hire to cut us off in this important branch with an insufficient appropria- is only $300, and that the postmaster ha.s to draw on his salary for tion. the purpose of paying clerks rendered necessary by the duties of the [Here the hammer fell.] . office. There are many such instances where postma.sters follow other Mr. RANDALL. 'l'his is a very moderate reduction, and one which avocations and have their time bestowed in other pursuits. It is leaves the amount appropriated quite adequate. There are not only known to the committee, if we are to come down to instances, that abuses in the expendit.ure of this money, but there is gross favoritism there are many places where the · postmaster receives $2,000 a year shown in the offices as to the n.llowances to postmasters. And as who absolutely does nothing, while all the work of the post-office is gentlemen have been citing instanoos, I will cite one. done by the clerks. If I may be permitted to refer to instances-and Take New Berne, North Carolina, in regard to which I have the fig- I think much light may be thrown upon the subject in that way-1 ures. In 1860 t.he expenditures on that post-office were $1,761 ; the know of two instances in the congressionn.l district of my colleague receipts were then $3,444. The actual a.Uowauces to-dMt at that where the postmaster has about that salary and does not do one iota office are $4,600, instead of $1,761, as they were in 1860; and the re- of work, the work being done by the clerks themselves. ceipts are $6,900. Thus instead of the increased receipts of $3,4[10 There is a very unequal distribution in the mn.tte.r of clerk hire. going in the aggregate or in some rell1tive ratio to the Government, We found in many places there was too much clerk hire, too much in nearly $2,900 of the amount goes to the increa.sedsalaries; the differ- number and too much in salary. It has been the habit we found, to ence in the allowances in these two years being the difference be- put men in these positions because of some political connection. I tween $1,760 and $4,600. submit, therefore, to the gentleman from Illinois, in respect to the And so it is my belief this thing runs throughout the United States. class of officers he speaks of, whether, if the real wants of such offices And here I may just mention another instance as to a post-office in are all he seeks, he could not find young men of business q ualifica- my State. In the city of Scranton there are four postmasters, and tions who would take hold of those offices and consider. themselves when we aak why that is, we are told that the political pressure is so well paid by the salary without regard to any allowance for clerk great, that we cannot abolish three of them when there is no need of hire! · more than one. Now take this city. There might have been a pro- Mr. CANNON, of Illinois. Does the gentleman want me to an- priety in having a postmaster and clerks in the town of Georgetown, swer! when Washington and Georgetown were separate cities, but under Mr. BLOUNT. I have only five minutes, and cannot yield. the consolidation of these two cities there is no occasion but for one Mr. CANNON, of Illinois. If the gentleman asks me a question he postmaster. should permit me to answer it. . I hope that the abuses in this system throughout the United States Mr. BLOUNT. I understand, and I think the gentleman from TI- will be corrected, and I trust that the moderate amount in the bill, linois will understand, that very often in the course of these discus- which is a reduction of 10 per oont., will not be increased at all, and sions arguments are put in the form of interrogations. I am not that the amendment of the gentleman from Illinois will not prevail. alarmed at the answer the gentleman may see fit to give. · I would Mr. CANNON, of lllinois. I ·withdraw the amendment.· be glad to yield to him if I had time; but I can say but little in five Mr. DANFORD. I renew the amendment. I only desire, Mr. minutes. Chairman, to say n. word. The gentleman trom Georgia [Mr. BLOU.l\'1'] I think it will be found as regards that class of officers to whom iu his remarks said comparisons or illustrations were unfair and they the gentleman refers, having those small salaries, that the great ma- did not pro~e mueh. I happen to have before me, P!inted by the 1876. CONGRESSIONAL RECORD-HOUSE. 3021 committee, the present compensation of the postmasters of Ohio whether or not, if this proviso becomes a law, it will lead to retrench- and the salaries under the reduction proposed by the Postmaster- ment or not. I now ask the Clerk to read the paragraph which I General and the salaries proposed under this bill. I have before me have marked in the ruling of Speaker KERR to which I have referred. the case of one city in my district, the city of Bellaire, in which the The Clerk read as follows: present compensation of the postmaster is $2,400, and under the bill Now, the Chair cannot look forward into that le!dslation and say, upon anything it is $1,800. Now at that office I know that the postmaster is re- that a.ppea.rs upon the face of this section, that sn2b legislation will in all respocts quired to keep constantly three Qlerks. There is an allowance of coincide with, sustain, or affirm the provisions of this section and carry out the $400 for clerk hire at that office. The postmaster pays $1,200 for proposed retrenchments indicated in It. In other words, the Chair desires it to be distinctly understood that the point upon which his decision in this case turns is clerk hire, being $800 from his salary; and when you take $800 that from the face of the section it does.not ap:pear that the provision comes within from the salary of the postmaster at that place, as fixed by the bill, the requirement of this rule, which is that It shall be germane ~ the subject- you leave 1,000 for his salary. That is a small compensation, in my matter of the bill and "shall retrench expenclitures." It does not affirmatively judgment, for a city ·of seven thousand inhabitants. appear upon the face of the bill or the laws of the land or the usual and customary mode of proceeding of this body that this section, if ena.cted in this bill, will re- Mt-. BLOUNT. I would ask the gentleman whether the postmaster trench expenditures. or clerks have any other employment' · Mr. DANFORD. None of them; their entire time is devoted to The CHAIRMAN. Thegentlema.nfromPennsylvania[Ml.'.MUTCH- that bnsiness. This may be an exceptional case. In the city of Steu- LER] raises the question of order which he has stated. benville, in the district which I have the honor t~ represent, there- Mr. HOLMAN. I desire to be heard for a. moment upon that ques- duction of salary is $1,100 as proposed by the bill. I am not informed tion. what the allowance for clerk hire at that office is. I cannot speak as The CHAIRMAN. The Chair will hear any gentleman upon the to whether the postmaster is compelled there to pay any part of his point of order. salary for clerk hire or not. I presume he does, but cannot speak so Mr. HOLMAN. The last three lines of the paragraph just read cortainly as I can of the city in my own county. I believe that it is covers the whole decision, and I ask the Clerk to read the last three not right to cut off at both ends. I agree in the main in the policy lines. of cutting down the salaries of postmasters, for I think in many in- The Clerk read as follows: stances the postmasters' compensation has been too much, but in my It does not affirmatively appear upon the face of the bill or the laws of t-he land experience there has not been any large abnse in the matter of clerk or the usual anu customary mode of proceeding of this body that this section, if enacted in this bill, will retrench expenditures. hire ; there is bnt little allowed that is not an absolute necessity in the interests of the service, and I think it unsafe and unwise to cut Mr. HOLMAN. The substance of that paragraph is that it shaH down the appropriation for clerk hire whil~ we are so largely cutting appear on the face of the bill that it promotes a retrenchment of ex- down the salary of the postmasters. I hope, therefore, the amend- penditures. I think that this proposition very clearly comes within ment of the gentleman from lllinois [Mr. CANNON] will prevail. the rule. The law of the land provides for letter-carriers, and pro- Mr. BLOUNT. I appreciate what ~he gentleman from Ohio has vides for salaries to them to the extent of $1,!300,000; that appears said. I know that not only in that instance to which he has referred clearly. What does the Speaker mean by other propositions 'l Noth- but in many instances clerk hire is not what it ought to be. One ing more is necessary than the statement of the bill, which reduces the instance from the State of Michigan was brought to the att-ention of appropriation made by the law of the land. That would be the end the committee; but we found a large nmnber of instances where the of it. amount paid for clerk hire was larger than the service demanded. I What is the meaning of the proposition of the Speaker, "to be as- have no doubt there ought to be a re-adjustment of the service in this certained also by the general course of procedure in the House t" particular. He refers, I suppose, to such reports as come to the House under the The question was taken on the amendment offered by Mr. CANNON, law. The present law provides a free-delivery system for cities with of Illinois, as renewed by Mr. DANFORD; and on a division there were a population of 30,000. The proviso of this bill now under consider- ayes 46, noes not counted. ation requires a city to have a population of 40,000 or upward to en- So the amendment was not agreed to. title it to this free-delivery system. · The Clerk resumed the reading of the bill, and read as follows : Now that this proviso, if enacted into law, will abolish a multi- For payments to letter-carriers, $1,650,000: PrO'IJided, That hereafter the free. tude of officers is an inevitable proposition. Does the abolition of deli very system shall not be established in cities of less than forty thousand inhab- these officers reduce expenditures Y AB to the effect of this proviso, itants, and may be continued only in cities of not less than forty thousand inhabit- we are to look to the reports that come before this House under the ant-s where now established by law. law in order to ascertain whether it will or will not reduce expendi- Mr. MUTCHLER. I rise to a point of order, and the point of order tures .. I refer the Chair to the report of the Postmaster-General, which I make is in reference to the latter portion of that paragraph which states that but three of the free-delivery cities of this country which I believe to be in contravention of Rule 120 of this House, for meet their current expenses by the local postage, the cities of Boston, the reasons that it changes the existing law, and for the further reason New York, and Philadelphia. In all the other cities having the free- that it does not appear on the face of it that it comes within the line delivery system the expenses exceed the local postage. of retrenchment of expenditures. The latter clause of Rule 120 is in I refer also to a report coming officially to this Honse, showing that the following words: the effect of this proviso will be to reduce expenditures to the ext.e nt No appropriation shall be reported in such general appropriation bills, or be in of $103,701.62. That is an official report from the Postmaster-Gen- order as an amendment thereto, for any t'xpenditure not previously authorized by eral. . I ta.ke it for granted that the meaning of the proposition of law, unless in continuation of appropriations for such pul>lic works anu ol>jects as are already in progress, nor shall any provision in any sncb bill or amendment there- the Speaker, that retrenchment must appearupon the face of the pro- to changing existing law be in order except such a.s, being germane t-o the subject- vision from the law of the land aud from the usual course of proced- matter of the bill, snail retrench expenditures. ure in the House, is that we must consult the reports that come offi- Now I admit that this proviso is germane to the bill, but I deny cially before us. Now, the official reports before the House, of which that p1'ima facie it shows a retrenchment of expenditures, and in order the Chairman mnst take official notice, show that the abolition of the to have it sustained it must appear upon the face of the paragraph letter-carrier system in fifty-five towns would reduce the expenditures itself and not by virtue of any extraneous calculation that it will more than $100,000. . work a retreuchment of expenditures. This rule has received an in- Mr. BANKS. I desire to say a few words upon t.his point o.f order, terpretation by Speaker .KERR, and in support of what I say I ask as the proviso will affect a city in the district I represent, for the that an extract from the ruling of the Speaker upon this question, merits of the proposition can be discussed upon the question of order when mised by the gentleman from Massachusetts [Mr. SEELYE] on precisely as it would upon the proviso itself. the legislative, &c., appropriation bill and the section of that bill It has been conceded, the gentleman from Indiana [1\Ir. HOLl\fAN] for the transfer of the Indian Bureau from the Interior Department hillllielf concedes, that a retrenchment of expenditures does not ap- to the War Department, be read. The Speaker in that case decided pear upon the face of the proviso in this bill. The gentleman has that inasmuch as it did not appear on the face of the bill itself that read from the decision made the other day by the honorable Speaker there was a retrenchment of expenditures the point of order was of this House that the question of retrenchment is to be decided good, and that he could not go outside of the bill to ascertain whether upon a comparison of that which appeared upon the face of the it would work a retrenchment of expenditures or not. amendment then before the House with other provision of the law of Now whether, if this proviso be enacted into law, it will work re- the land, a. point then distinct.ly presented in the argument as in the trenchment is a matter for argument, because if the letter-carrier sys- decision. Now what I hnve to say will be directed to the question tem is abolished we all know that it will necessitate the appointment whether upon comparison of this proviso with the la.w of the land of additional clerks in every post-office where the Sistem now exists, there appears any specific and posith·ereduction of expenditures under and we know further that it reduces the value of local postage 50 per this proviso, because upon the face of the provision there does not cent. We know that in addition to that it reduces the volume of lo- appear to be any retrenchment. cal postage, because business men circulat.e through thiij medi urn their Upon this question the Postmaster-General helps us materially. I circulars and advertisements. In addition to that, l\Ir. Chairman, if refer gentlemen to Miscellaneous Document No. 88, which comes to the letter-carrier system is abolished it will necessitate the buihling us from the Senate, which contains tables and letters from the Post- or renting of additional establishments for the U!>e of the post-office. master-General. On page 28 of that document, referring to t.he.fifty- That is the case in my own city, where there is but one post-office for fivc towns having a free-delivery system mentioned on that and the three separate municipal corporations. If the carrier system 'ded, if not a.s a creation of the carrier-delivery system, a a di- j ect, and gentlemen of course will be able to state whether it is cor- version from pn vate enterprises to the post-office, and should therefore be credited to this branch of the service. rect or not-the absolutely certain conclusion is this: while the cost of the free delivery of letters in fifty-five or more towns is but one- The Postmaster-General speaks from experience; and I can say third of the entire expenses of the post-offices in those towns, the in- from what has come within my knowledge that., if yon take away creased receipts resulting from the system, if it be the same as in all from the people these conveniences, the express companies will supply the towns where letters are delivered by carriers, will be 75 per cent. them; and unless you by law prohibit private enterprise from sup- of the total receipts of those offices. In thn.t case there is no certain plying tile wants of the people in this respect, (which the House reduction of expenditures to result from the adoption of this proviso. would very reluctantly do,) you throw into the control of the express Therefore, so far as that goes, it seems to me that it must be conclu- companies that now exist or may be organized for tlris purpo e tbe sive upon the honorable chairman that this proviso will not work any very duty that is now performed by the Post-Office Department . reduction of expenditures, compared with the 1·eceipts of the Depart- through the let1 er-carriers. ment, and that must of course be the basis of calculation a.n d conclu- One word more and I lea.ve this question. How shall·we estimate sion. It will be a reduction of a small number of officers employed the time consumed in visits to the post-office by the people of a city v.m l the salariM paid them, and a loss of 75 per cent. of the gross re- like Lynn, with 23,000 or 2.1J,OOO inhabitants, and the value of that ceipts for postage. That certainly is not such retrenchment as could ~.ime to them if appropriated to other labor or to pleasures f The time justly give this proviso a privileged character over any other propo- thus expended by the people in going to and from the post-office si1ion that can be move(l to this section of the bill. should be consillered in making this change; and if this loss of time Bnt that is not all. The honorable Speaker alluded the other day be included in the estimate of co t, then most clearly and absolntely to the necessity there might be for further legislation in order to there will be no reduction of expenditures, whether we con ider the complete the system of measures for the transfer of the Indian Bu- proposition on its faco or whether we compare it with any other pro- reau from the Interior to the War Department, and upon the char- vision of this kind now existing in the laws of the land. acter of that new legislation would depend the question of retrench- Mr. HOLMAN. A. single word in reply to the gentleman from ment. That necessity exists in regard to the proposition. It pro- Massachnsetts, [Mr. BANKS.] He haB referre(l to the city of Lynn, po es to change the organization of the Post-Office Department for Massachusetis, as an illustration of his argument. I desire to refer the delivery of letters. In the city of Lynn, which I represent, there to the same illustration. I am now seeking to bring the ca. ·e within are about twenty-five thousand people, the most of them mechanics the rule laid down by the Speaker of the House, that we should look and working-people, men, women, aud children; they are actively to such information as comes to the House throu~h its usual conrse engaged in various mccha,nical and manufacturing pursuits; they of procedure under the law. I therefore use officml records; and by are natives of different parts of the country, and in correspondence these, taking the case referred to by the gentleman from Ma . acilu- with all parts of the country. The letter-carriers bring their letters setts, I find that in the city of Lynu the local postage, which is the to them. There are very few cities that contributtl more to the rev- measure of !lrofit to the GO'vernment of the free-delivery system, is enues of the Post-Office Department than the nctive, industrious, and $1,499.24, while the cost to the Government is $6,302.95. In other intelligent people of Lynn. words, there goesl.nto the deficiency an item of $5,000 on account of Now, if you take this letter-carrier system away from the 25,000 the free-delivery system in that cit.y. Now I could not use this in- people of Lynn, you compel them to restrict their correspondence and formation, I presume, if it came through some other channel than an thus diminish the po tal revenues or to go every clay to the post-office official record of the House; but it is here in that form. for their letters. Will the pre~ent post-office accommodations there 'l'ake the illustration of Lawrence, immediately preceding. There be sufficient for them T Will t.here be sufficient room for boxes, or the profit to Government from local postage, which is the postago re- sufficient windows through which to deliver lette1·s addressed to these sulting from free delivery, is $1,744.67, while the amount paicl out by 25,000 peoplef Will it not be necessary to enlarge every part of the the Government for this service is $6,960, making a difference of 5,2001 post-office establishment in that cit.y f A.ud will not the same neces- which becomes a general charge upon the country. In ot.her words, sity arise in every other city affected by this proviso' for the benefit of these two localities the whole country is cbarged I state the matter strongly, it is true; but every gentleman can 10,000 for the expense of the free-delivery system there. I submit judge whether or not I state it too strongly. Can the honorablq mem- that under the law, and upon the face of this bill, and from reports bers of the Committee on Appropriations say how their owu cities that came to the House through its regular forms of procedure, it is and tow us may be affected by this proviso? When the increased ac- shown that in the instances referred to by tho gentleman from Massa- commodations which will be requireU. for these people, who are now chusetts there is an actual reduction here by the abolition of the free served with their letters at their homes, are made in the several post- delivery, and if the distinguished gentleman will refer to almost any office e tabli hments in the various towns affected by this provi o, is other case of the kind he will find the same result. it not perfectly evident that there must be from this item alone a The Chair takes official notice of the fact that there is a heavy de- largely-increased expenditure f ficiency; that these estimates call for $8,100,000; and the Chair un- The Postmaster-Geneml has called our attention to other facts. I doubtedly takes official notice also of the fact that this result in part have referred to one, the increased receipts of the Post-Office, which, from the difference between the local revenues of the free-delivery as I read his communication, is about 75 per cent., and is the creation cities aucl the amount that has to be paid out of the general funtl for of the letter-carrier's delivery, or a diversion from privn.teenterprises the purpo~e of meeting that expense. to the Post-Office to be credited to this branch of the service; and if we Though, if I were occnpyin~ the chair, I would not press this rule strike off tho letter-ca.rriers altogetilcr he says t!Jat the diminished too far, I tilink it an admirable rule when applied within the mean- cost of the system will be only $297,000 less than the cost if the car- ing and spirit of its provisions. The present case seems to me to come riers aro included in all the cities and towns where tile system has clearly within its contempbt ion. The provision is germane, for it has been e tablished. reference to a matter concerning post-office appropriations. It evi- I have shown what additional charge may poAsibly ari a from the dently retrenches expenditure, because bytherecord before tbe Hou e nece ity of increased accommodations in the way of buildings aucl it is shown that the revenues are but a small sum, while the expendi- appurtenances thereto. I call attention to another fact to which the tures are large. Postmaster-General has adverteu, the increaseu cost of regula.r serv- .Mr. BANKS. If the House will allow me n. moment, I wish to cor- ice. Who is to deliver letters addressed to these twenty-five hundred rect an error. In stating the increased cost of the letter-carrier sys- ,people at the post-office f It must be done by an increased number tem at $~7,000 upon the authority of the Postmaster-General, I un- of clerks. How many; who can tell us T What will be their cost; derstood that to apply to theO I 3026 CONGRESSIONAL RECORD-HOUSE. MAY 8, PETITIONS, ETC. 1876 are rendered available for the purposes of the estimate; which The following memorials, petitions, and other papers were presented was referred to the Committee on Appropriations, and ordered to be at the Clerk's desk under the rule, and referred as stated: printed. By Mr. AINSWORTH : Memorial of manufacturers and dealers of He also laid before the Senate a letter from the Secretary of War, tobacco in Dubuque, Iowa, against any change in the mode of pack- transmitting, in compliance with the resolution of the Senate of April ing tobacco, to the Committee of Ways and Means. 18, 1876, a letter of the Chief of Engineers and report from Lieuten- Also, memorial of manufacturers and dealers of tobacco of Mc- ant-Colonel Q. A. Gillmore, Corps of Engineers, in relation to the im- Gregor, Iowa, of similar import, to the same committee. portance of the harbor of Brunswick, Georgia, and the necessity for By Mr. BANKS: Memorial of A. G-a.ddis, S. P. Webber, Philip Cor- its improvement; which was referred to the Committee on Commerce ridon, and 112 others, representing the suffering that ha.s accrued from and ordered to be printed. . the suspension of work at the navy-yard in Washington and asking PETITIONS AND MEMORIALS. relief by the supply of work for those usually employed in that yard, The PRESIDENT pro tempore presented the petition of George to the Committee on Naval Affairs. Wetmore and other citizens of Emmet County, Michigan, praying an By Mr. BLAINE: Memorial of citizens of Florida, remonstrating amendment to the act of March 3, 1875, providin~ for the res~ration against the repeal of the homestead law in the limits of Florida by to homestead entry and market of certain lands m the State so as to granting lands to railroad companies, to the Committee on Public extend the time for actual settlers to makt:) such entry for one year Lands. from March 3, 1876; which was referred to the Committee on Pulllic By MJ:. CASON: The petition of printers and stationers of La Lands. Fayette, Indiana, for such legislation as will relieve them from inju- REPORTS OF COMMI'ITEES. rious competition by the Government in the manufacture, sale, and Mr. WINDOM, from the Committee on Patents, to whom was re- transportation of envelopes, postal cards, &c., to the Committee on ferred the petition of Albert Fuller, praying for the extension of a the Post-Office and Post-Roads. patent, submitted a report thereon, accompanied by a bill (S. No. 817) By Mr. JONES, of New Hampshire: The petition of Charles to enable Albert Fuller to make application to the Commissioner of George, for a pension, to the Committee on Invalid Pensions. Patents for the extension of letters-patent for improvement in water- By Mr. MEADE : The petition of liquor dealers of the city of New faucets. York, for the definition of the powers and duties of officers of in- The bill was read and passed to the second reading, and the report ternal revenue and to further provide for the collection of the tax on was ordered to be printed. . distilled spirits, to the Committee of Ways and Means. Also, the petition of envelope manufacturers, printers, stationers, ~ILLS INTRODUCED. lithographers, aod others, for such legislation as will relieve them Mr. D.A.VIS (by request) asked, and by unanimous consent obtained, from injurious competition by the Government in the manufacture, leave to introduce a bill (S. No. 818) to incorporate the National sale, and transportation of envelopes, postal cards, &c., to the Com- Drove-yard Company of the District of Columbia; which was read mittee on the Post-Office and Post-Roads. twice by its title, referred to the Committee on the District of Colum- By Mr. MUTCHLER: The petition of dealers in tobacco at Easton, bia, and ordered to be printed. Pennsylvania, that Congress permit the law regulating the manner of PAPERS WITHDRAWN. pa-cking tobacco to remain as it is at present, to the Committee of Ways and Means. Mr. WINDOM. I ask that an order be made for the withdrawal of ·By Mr. JOHN REILLY: The petition of 35 business men of Holli- the papers in the Harvey Lull patent case. The bill haB passed both daysburgh, Pennsylvania, against tariff changes, to the same com- Houses recently, and the papers are desired to be presented to the mittee. Commissioner of Patents. · By Mr. SPRINGER: The petition of B. Pyatt & Son, manufacturers There being no objection, leave was granted. of cigars and tobacco at Jacksonville, Illinois, and others, of similar CHINESE IMMIGRATION. import, to the same committee. Mr. SARGENT submitted the following resolution; which wascon- By Mr. STENGER: The petition of 41 citizens of Huntingdon sidered by unanimous consent, and agreed to : County, Pennsylvania·, for the putting aside the consideration of the Whereas it appears that the vast influx of Chinese to the Pacific coast is workin~ tariff question for the present year, to the same committee. great in.jury to the morals and the labor interests of the Pacific States and Tern- By Mr. STEVENSON: Resolutions of citizens of Champaign County, tories; and whereas the existing laws against the cooly traffic and the importation Illinois, in relation to the release of E. O'M. Condon, confined in a of females for immoral purposes fa.il of execution for want of evidence of intended British prison, to the Committee on Foreign Affairs. evasion thereof : Resolved, That the Committee on Commerce be instructed to consi£ler the snbjeGt By Mr. WILLARD: Memorial of Kellogg, Baker & Co. and other and report a bill placing adequate restrictions upon the immigration of Chinese to manufacturers and dealers of Jackson, Michigan, against any change this country. in the law regulating the mode of packing tobacc-o, to the Commit- IMPEACHMENT .OF W. W. BELKNAP. tee of Ways and Means. · By Mr. A. S. WILLIAMS: The memorial of D. Farrand Henry1 rel- The PRESIDENT pro tempore. The hour of twelve o'clock and five ative to an appropriation of 50,000 for experiments in steel and Iron, minutes having arrived, the legislative and executive business of the to the Committee of Ways and Means. Senate will be suspended, and the Senate sitting in trial, pursuant to Also, the petition of Henry Romeyn, lieutenant Fifth Infantry, order, will proceed with the impeachment of William W. Belk.1ap. United States Army, relative to his accounts as post-quartermaster, The Senate will now hear the managers. to the Committee on Military Affairs. The Senate then proceeded to the trial of the impeachment of William W. Belknap, late Secretary of War. · The Senate sitting for the trial of the impeachment having ad- journed, resumed its IN SENATE. LEGISLATIVE SESSION. The PRESIDENT pro tentpore announced that the Senate resumed MONDAY, May 8, 1876. the consideration of lernlative business. IMPEACHMENT OF W. W. BELKNAP. On motion of Mr. SARGENT, the Senate (at five o'clock p.m.) ad- journed. . The PRESIDENT pro tempore, (at eleven o'clock, a.m.) The Sen- ate sitting for the trial of the articles of impeachment against Will- iam W. Belknap, pursuant to adjournment, now resumes its session. The Sergeant-at-Arms will make proclamation. HOUSE OF REPRESENTATIVES. The Senate then proceeded to the trial of the impeachment of William W. Belknap, lat~ Secretary of War. MoNDAY, May B, 1876. The Senate sitting for the trial of the impeachment having ad- journed, resumed its The House met at twelve o'clock m. Prayer by the Chaplain, Rev. LEGISLATIVE SESSION. I. L. TOWNSEND. The Journal of Saturday was read and approved. Tho PRESIDENT pro tempore took the chair at twelve o'clock m., and called the Senate to order. · MESSAGE FROM THE SENATE. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. A message from the Senat-e, by Mr. HYMPSON, one of their clerks, a.n- The Journal of the proceedings of Saturday last was read and ap- nounced that the Senate was ready to proceed upon the impeach- proved. ment of William W. Belknap, and to receive the managers on the . EXECUTIVE COMMUNICATIONS. part of the House, and that the Senate Chamber was prepared with The PRESIDENT pro tempm·e laid before the Senate a letter from accommodations for the reception of the House of Representatives. the Secretary of War, transmitting a copy of a letter from Assistant ARMY OF THE UNITED STATES. Adjutant-General Thomas M. Vincent, stating that an appropriation of $75,000 for the freedman's branch of the Adjutant-General's Office Mr. BANNING entered a motion to reconsider the vote by which for the collection and payment of bounties, &c., for the year ending the bill (H. R. No. 2935) to promote the efficiency of the Army of the June 3, 1877, need not be made, provided the unexpended balances of United States, to provide for its gradual redaction, and to consolidate appropriations for like purposes for the fiscal years 1874, 1875, and certain of its staff departments, and for other purposes, reported from -· 1876. CONGRESSIONAL RECORD-HOUSE. 3027 the Committee on Military Affairs with sundry amendments, was or- R. Harrington; which was read a first and second time, referred to dared to be recommitted. the Committee on Patents, and ordered to be printed. BOARD OF HEALTH, WASHINGTON, DISTRICT OF COLUMBIA. LAURA A. TURNER. Mr. STEVENSON, by unanimous consent, from the Committee for Mr. CRAPO introduced a bill (H. R. No. 3393) granting a pension the District of Columbia, reported a bill (H. R. No. 3383) to abolish to Laura A. Turner; which was read a first and second time, referred the present and establish a new board of health in the District of to the Committee on Invalid Pensions, and ordered to be printed. Columbia, as a substitute for House bill No. 3194; which was read a EDWARD 0 1MEAGHER CONDON. . first and second time, ordered to be printed, and recommitted. Mr. CRAPO also presented a resolution of the Legislature of the ADOLPH ERDMAN. State of Massachusetts, a-sking for the release from an English prison Mr. CLYMER, by unanimous consent, submitted the following reso- of Edward O'Meagher Condon; which was referred to the Committee lution ; which was referred to the Committee of Accounts : on Foreign Afi'airs. · .Resolved, That the Clerk of the House of Representatives be, and he is hereby, . MRS. E. HUBBARD• direcum to pay to .Adolph Erdman, for clerical service rendered to the Committee Mr. WHEELER (for Mr. LAPHAM) introduced a bill (H. R. No. on Expenditures in the Wa.r Department, the sum of $45 out of the contingent fund of the House of Representatives, 3394) grantin~ a pension to Mrs. E. Hubbard, widow of Solomon IMPORTED MARBLE IN BLOCKS. Hubbard; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed. Mr. CHAPIN. I ask unanimous consent to report back from the SECTIONS 2927 Al>."'D 2943 REVISED STATUTES. Committee of Ways and Means a bill (H. R. No. 2867) to amend sec- tion 2758 of the Revised Statutes, for action at this time. It allows Mr. MEADE introduced -a bill (H. R. No. 3395) to amend sections importers of marble in blocks to bond the same in yards instead of 2927 and 2943 of the Revised Statutes; which was read a first and warehouses, still to be under the direction of the Secretary of the second time, referred to the Committee of Ways and Means, and or- Treasury and at the expense of the owners. dered to be printed. The bill, which was read, provides that section 2958 of the Revised DONATION OF CONDEMNED CANNON. Statutes be, and the same is hereby, amended to add in the sixth line Mr. POWELL introduced a bill (_H. R. No. 3396) donating one con- after the words" other merchandise" the words "and marble in blocks demned cannon and carriage to the Soldiers' Monument Association may, in the discretion of the Secretary of the Treasury, be bonded in of Susquehanna County, Pennsylvania; which was read a first and open yards und~r the care of an officer of customs at the expense of second time, referred to the Committee on Military Affairs, and ordered the owner or importer." to be printed. Mr. BAKER, of Ind~ana. I object. MARTHA J. PORTER. The SPEAKER pro tempore. Then the bill cannot be received. Mr. MAISH introduced a bill (H. R. No. 3397) granting a pension to REGULAR ORDER. Martha J. Porter, widow of William M. Porter, late a captain in the Mr. BAKER, of Indiana. I demand the regular order. One hundred ·and thirtieth Regiment Pennsylvania Volunteer In- The SPEAKER pro tempore. The regular order being demanded, fantry; which was read a first and second time, referred to the Com- the morning hour now begins at :fifteen minutes past twelve o'clock, mittee on Invalid Pensions, and ordered to be printed. and this being Monday, the first business in order is the call of the ISSUE OF COIN. States and Territories, beginning with the State of Maine, for the in- troduction of bills and joint resolutions for reference to their appro- Mr. RANDALL introduced a bill (H. R. No. 3398) for the issuing of priate committees, not to be brought back on motions to reconsider. coin, and for other purposes; which was read a first and second time, Under this call memorials and resolutions of State and territorial referred to the Committ-ee on Banking and Currency, and ordered to Legislatures may be presented for reference and printing. be printed. LEMUEL B. NORTON. LIFE-SAVING STATION. Mr. O'NEILL introduced a bill (H. R. No. 3399) for the relief of Mr. BURLEIGH introduced a bill (H. R. No. 3384) to erect and First Lieutenant Lemuel B. Norton, of the First Artillery United States complete a life-saving station at Cape Elizabeth, Maine; which was Army; which was read a first and second time, referred to the Com- read a first and second time, referred to the Committee on Commerce, mittee on Military Affairs, and ordered to be printed. and ordered to be printed. J, W. GARDNER. HENRY M. HANNON. Mr. JONES, of New Hampshire, introduced a bill (H. R. No. 3385) Mr. HENKLE (by request) introduced a bill (H. R. No. 3400) for the for the relief of Past-Assistant Engineer J. W. Gardner, of the United relief of Henry M. Hannon; which was read a first and second time, States Navy ; which was read a first and second time, referred to the referred to the Committee on War Claims, and ordered to be printed. Committee on Naval Affairs, and ordered to be printed. BANKRUPTCY. ACTING MASTER ROBERT PLATT. Mr. ROBBINS, of North Carolina, introduced a bill (H. R. No. 3401) to amend an act entited "An act to establish a. uniform system of Mr. JONES, of New Hamshire, also introduced a bill (H. R. No. bankruptcy 3386) authorizing the President of the United States to advance Act- which was read throughout t.he United States," approved March 2, 1867; ing Master Robert Platt, United States Navy, to an acting lieutenant, the Judiciary, and a first and second time, referred to the Committee on United States Navy; which was read a first and second time, referred ordered to be printed. to the Committee on Naval Affairs, and ordered to be printed. AMENDMENT OF REVISED STATUTES. Mr. MIL.L IKEN introduced a bill (H. R. No. 3402) to amend chap- STEAM FOG-SIGNAL ON WHALE'S BACK ISLAND, -NEW HAMPSHIRE. ter 4, section 572, of the Revised Statutes of the United States; which Mr. JONES, of New Hampshire, also introduced a bill (H. R. No. was rea-d a first and second time, referred tb the Committee on the 3387) for the erection of a steam fog-signal on Whale's Back Island, Judiciary, and ordered to be printed. in the harbor of Portsmouth, New Hampshire; which was read a first APPOINTMENT OF ASSISTANT NAVAL CONSTRUCTORS. and second time, referred to the Committee on Commerce, and or- dered to be printed. Mr. CLARKE, of Kentucky, introduced a bill (H. R. No. 3403) pro- SUSAN S. MARCH SAINT CLAIR. viding for the appointment of assistant naval constructors by the President of the United States; which was read a first and second Mr. BELL introduced a bill (H. R. No. 3388) for the relief of Susan time, referred to the Committee on Naval .Afl'airs, and ordered to be S. March Saint Clair, of Washington, District of Columbia; which printed. was read a first and second time, referred to the Committee for the LYDIA HUNTER. District of Columbia, and ordered to be printed. Mr. HOUSE introduced a bill (H. R. No. 3404) granting a pension SALE AND SETI'LEMENT OF PUBLIC LANDS. to Lydia Hunter, widow, and dependent mother of Mark Gla-sby, of Mr. BLAIR introduced a bill (H. R. No. 3389) to facilitate the sale Company I, United States Cavalry, of Tennessee; which was read a and settlement of the public lands granted to aid in the construction first and second time, referred to the Committee on Invalid Pensions, of railroads and lines of telegraph; which was read a first and second and ordered to be printed. time, referred to the Committ~e on the Pacific Railroad, and ordered INTERNAL-REVENUE LAWS. to be printed. Mr. WHITING introduced a bill (H. R. No. 3405) to amend the in- C. W. STINSON. ternal-revenue laws relating to taxation on distilled spirits; which Mr. HENDEE introduced a bill (H. R. No. 3390) granting a pension was read a first and second time, referred to the Committee of W aya to C. W. Stinson ; which was read a first and second time, referred to and Means, and ordered to be printed. the Co:nmittee on Invalid Pensions, and ordered to be printed. JAMES B. GILLESPIE. ANNY W. WARNER. Mr. HARTZELL introduced a bill (H. R. No. 3406) granting a pen- Mr. HENDEE also introduced a bill (H. R. No. 3391) granting a pen- sion to James B. Gillespie, late captain of Company I, One hundred sion to Anny W. Warner, widow of Joseph H. Warner; which was and twentieth Regiment illinois Infantry Volunteers; which was read read a first and second time, referred to the Committee on Invalid a first and second time, referred to the Committee on Invalid Pen- Pensions, and o~dered to be printed. . sions, and ordered to be printed. JOHN R. HARRINGTON. FREDERICK SUNKEL. Mr. JOYCE introduced a bill (H. R. No. 339'2) for the relief of John Mr. MORRISON introduced a bill (H. R. No. 3407} to cancel andre- 3028 CONGRESSIONAL RECORD-·HOUSE. MAY 8, move the charge and finding of desertion against Frederick Sunkel, RJ1lUBEN J. CHANNING. late private in Company A, Twelfth Regiment Missouri Volunteers; Mr. STRAIT introduced a bill (H. R. No. 3423) granting a pension which was read a first and second time, referred to the Committee on to Reuben J. Channing; which was read a first and second time, re- Military .Affairs, and ordered to be printed. ferred to the Committee on Invalid Pensions, and ordered to bo LA.llo'l>S SOLD BY DECREES IN CHANCERY. printed. Mr. CAULFIELD introduced a bill (H. R. No. 3408) fixing the time ARl\fiSTED BURWELL. for redemption of lands sold by decrees in chancery of Federal courts; Mr. WELLS, of Mississippi, introduced a bill (H. R. No. 3424) for which was read a first and second time, referred to the Committee on .the relief of .A.rmisted Burwell; which was read a first and second the Judiciary, and ordered to be printed. time, referred to the Committee on War Claims, and ordered to be SUBSIDIARY SILVER COIN. printed. PRISCILLA W. BURWELL. Mr. WELLS, of Missouri, introduced a bill (H. R. No. 3409) provid- ing for the issue of subsidiary silver coin; which was read a first and Mr. WELLS, of Mississippi,also introduced a bill (H. R. No. 3425) for second time, referred to the Committee on Banking and Currency, afl.d the relief of Priscilla W. Burwell; which was read a first and second ordered to be printed. time, referred to the Committee on War Claims, and ordered to be RIGHTS OF RAILROADS. printed. ALBERT A. GILBERT. Mr. WELLS, of Missouri, also introduced a bill (H. R. No. 3410) to enable the purchasers of railroads that were authorized to be con- Mr. BRADLEY introduced a bill (H. R. No. 8426) granting a pen- structed by Congress to form corporations, and to exercise corporate sion to Albert .A.. Gilbert, of Chesaning, Michigan; which was read powers, and to define their rights and powers; which was read a first a first and second t1me, re.ferred to the Committee on Invalid Pen- and second time, referred to the Committee on the Pacific Railroad, sions, and ordered to be printed. and ordered to be printed. ABSALOM J. FETTER. REPAVING OF PENNSYLVANIA AVENUE. Mr. McCRARY introduced a bill (H. R. No. 3427) granting a pension Mr. BUCKNER introduced a bill (H. R. No. 3411) authorizing the to Absalom J. Fetter; which was read a first and second time, referred repavement of Pennsylvania avenue; which was read a first and to the Committee on Invalid Pensions, and ordered to be printed. second time, referred to the Committee for the District of Columbia, WASHINGTON AND BLADENSBURGH PIKE RAILROAD COMPANY. and ordered to be printod. Mr. WILLARD introduced a bill (H. R. No. 3428) to incorporate PATRICK BYR:t\TE. the Washington and Bladensburgh Pike Railroad Company and to Mr. BUCKNER also introduced a bill (H. R. No. 3412) for the relief prohibit the , use of steam-power on the same or adjacent thereto; of Patrick Byrne, of Washington City, District of Columbia; which which was read a first and second time, referred to the Committee for was read a first and second time, referred to the Committee for the the District of Columbia, and ordered to be printed. District of Columbia, and ordered to be printed. NANCY DIXON. SOPHIA. HESS. Mr. WILLARD also introduced a bill (H. R. No. 3429) for the relief Mr. BUCKNER also introduced a bill (H. R. No. 3413) for the relief of Nancy Dixon; which was read a first and second time, referred to of Sophia Hess, of Wa-shington, District of Columbia; which was the Committee on Invalid Pensions, and ordered to be printed. read a first and second time, referred to the Committee for the District ORDER OF BUSINESS. of Columbia, and ordered to be printed. The SPEAKER pro UmlJJ01'e. If there are no further bills to be in- R. T. MERRICK. troduced by members who were not in their seats when their States Mr. BUCKNER also introduced a bill(H. R. No. 3414) for the relief were called, the Chair will now lay before the House sundry execu- of R. T. Merrick, of Washington, District of Columbia; which was tive communications. read a first and second time, referred to the Committee for the Dis- Mr. HALE. I rise to a question of order. It is that the second trict of Columbia, and ordered to be printed. call of the States must be proceeded with now until the expiration 1\IRS. JULIA H. TOTIEN. of the morning hour, which will be at a quarter past one o'clock. The SPJALL. l did not suppose anybody would object to allow- ing the Committee on Banking and Currency to report at any time YEAS-Messrs.Adams,GeorgeA.Ba~ley, John H. Baker, Banks, Blaine, Blair, Bradford, William R. Brown, Horatio u. Burchard, Bnrleil!h, Cannon, Cason, Uaa- touching that question. well, Chittenden, Cochrane, Conger, Crapo, Crounse, Cutler, Danford, Darrall, Mr. HALE. I do not object to the proposition when it comes up in Davy, De Bolt, Denison, Dobbins, Dunnell, Eames, Evans, Fort, Freeman, Frost, due time; but, until this matter is disposed of, I object to anything else Frye, Garfield, Hale, Haralson, Hardenber~h, Hathorn, Haymond, Hendee, Hen- coming up. I move to refer my resolution to t.he Committee on the derson, Holman, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, Joyce, Kelley, Ketchum, Kimball, Lawrence, Leavenworth, Lynch, Ednlund W. bi. Mackoy, Judiciary with instructions to report. Magoon, MacDougall, McCrary McDill, Miller, Milliken, Morey, Mor~an, New, · Mr. CLYMER. On that motion I call for the yeas and nays. Norton, O'Brien, O'Neill, Page, Plaisted, PL'\tt, Potter, Pratt, Rainey, John Reilly, Mr. SPRINGER. I rise to a question of order. This call is for a Robinson, Rusk, Sampson, Seelye, Smalls, A. HeiT Smith, Strait, Stevenson, specific purpose. If the House refuses to second the demand for the Stowell Thornburgh, Washington Townsend, Tufts, Van Vorhes, Wait, Waldron, Alexander S. Walliice, John W. Wallace, G. Wiley Wells, Wheeler, White, Whiting, previous question on a resolution an(_} any gentleman desires to dis- Willard, Andrew Williams, Charles G. Williams, William B. Williams, James cuss it, it goes over for a day. · · Wilson, Woodburn, and Woodworth-101. The SPEAKER pro tempm·e. The Chair would have recognized any- NAYS-Messrs. Ainsworth, Anderson, Atkins, John H. Bagley, jr., Bell, Blaek- body who rose for that purpose. burn, Bland, Blount, John Young Brown, Buckner, Samuel D. Burchard, Cabell, John H. Caldwell, William P. Cafdwell, C:tndler, Caulfielcl, Chapin, John B. Clarke Mr. SPRINGER. I rise for the purpose. of Kentucky, John B. Clark, jr., of Missouri, Clymer, Cook, Cowan, Culberson, Mr. HALE. That is too late. Davis, Dibrell, Durham, E~bert, Ellis, Faulkner, :Felton, Franklin, Fuller, Ganso, The SPEAKER pro tempore. The gentleman rose for that purpose, Gibson, Glover, Goode, Gunter, Andrew H. Hamilton. Robert HaiDilton, Henry R. Harris. Jolm T. Ranis, Hartzell, Hatcher, Goldsmith W. Hewitt, Hooker, House, the Chair thinks, after t.he other proposition was made. Hurd, Frank Jones, ThomaaL. Jones, Keh.r, }l'anklin Landers. Lane, Levy, Lut- Mr. RANDALL. I maintain that you must go on with the call of trell, L. A. Mackey, Maish, McFarland, Meade, Metcalfe, Money, Morrison, the States. Mutchler, Neal, Parsons, Payne, John F. Philips, Piper, Poppleton, Powell, Rea, Mr. HALE. Undoubtedly the call of States must go on. Rea gail, James B. Reilly Rice, Riddle, John Robbins, William M. Robbins, Miles Ross, Sayler: Scales, Schleicher, Sheakley, Slemons, William E. Smith, Southa1·d, 'l'he SPEAKER pro tempore. The first call of States was proceeded Sparks, Sprmger, Sten,~:ter, Stone, Tarbox, Teese, Terry, Thompson~ Thomas, withand theStatesandTerritorieshadall been called. ThentheChair Throckmorton, Tucker, Turney, John L. Vance, Robert B. Vance, Wao.dell, Gil· was proceeding with the second call, and this resolution came up un- bert C. Walker. Walling, Warren. Wigginton, Alpheus S. Williams, James Will· der that call. It can be disposed of in several ways. If any gentle- iams, James D. Williams, Jeremiah N: Williams, Fernando Wood, Yeates, and Young-111. · man had risen at the proper time to discuss it it would have gone over. NOT VOTING-Messrs. Ashe, Ba.gb:v, William H. Baker, Ballou, Banning, Bar- Mr. SPRINGER. I rose for that purpose. num, Bass, Beebe, Bliss, Boone, Bracliey, Bright, Campbell, Cate, Collins, Cox, The SPEAKER pro tempore. The Chair did not hear the gentleman Douglas, Durand, Eden, Ely, Finley, Forney, Foster, Goodin, Hancock, Benjamin so announce; but, if he says he made the announcement, the Chair W. Harris, Harrison, Hartndge, Hays, Henide, Hereford, Abram S. Hewitt, Hill, Hoar, Hoge, Hopkins, Hunton, Jeriks, Kasson Kin"', Knott, Lamar, Georae M. will take his word for it. Landers, Lapham, LeMoyne, Lewis, Lord. Lynde, McM;hon, Mills, Monroe. Nash, Mr. SPRINGER. I am not sure that I did; I will let the reporters' Odell, Oliver, Packer, Phelps, William A. Phlllips, Pierce, Pnrman, Randall, Rob- notes settle the point. . · The SPEAKER p1·o tempore. The Chair is informed by the reporters 'v erts, Sobieski Ross, Savalle• Schumaker, Singleton, Sinniokson, Swann, Martin I. Townsend, Charles C. B. alker, Walsh, Ward, Erastus Wells, Whitehouse, Whit- thorne, Wike, Willis, Wilshire, Benjamin Wilson, and Alan Wood, jr.-78. that the gentleman did not so anno~ce. Mr. SPRINGER. I do not think I did announce it. So the motion was disagreed to. The SPEAKER pro tempore. Is there objection to referring the Doring the vote, resolution to the Committee on the Judiciary with instructions to Mr. FORT stated that his colleague, :Mr. CAMPBELL, was absent from report! the House by leave of the House. Mr. RANDALL. I ask for a division of the question, so that the Mr. L.A.WRENCE stated that his colleague, Mr. MONROE, was con- vote on the instructions may be taken separately. fined to his room by illne.~. Mr. HALE. This is not a divisible question. Mr. V .A.NCE, of North Carolina, stated that his colleague, :M:r•.AsHE, Mr. RANDALL. The reference is one motion, which would stand who was absent by leave of the House, would, if present, vote in t.he alone; the reference with instructions is another proposition. negative. · Mr. BLAINE. But you have a right to combine them. Mr. HEWITT, of .A.b,bama, stated that his colleague, Mr. LEWIS, The SPEAKER pro tempore. The question on the two propositions was absent by order of the House on business of the House. will be taken separately. Mr. MILLIKEN stated that his colleague, Mr.· BooNE, was absent Mr. HALE. Do I understand the Chair to rule this motion cannot by leave of the House, and that Mr. WILLIS was absent on committee be divided t business by order of the House. The SPEAKER pro tempore. The Chair understands from the gen- Mr. MILLS stated that he was paired with Mr. Ross, of Pennsyl- tleman's colleague [Mr. BLAINE] it is not divisible. vania, who, if present, would vote in the affirmative, while he him- Mr. HALE. It has never been disputed to my recollection, that self would vote in the nAt~~~e. • this motion must be voted on as an entirety. My motion is to refer On motion of Mr. W G, by unanimous consent, the reading it to that committee, with instructions to report the resolution back of the names was dispensed with. to the House at once. I never heard any question raised heretofore The vote was then announced as above recorded. that such a motion was divisible. METRIC SYSTEM. The SPEAKER pro tempm·e. The Chair understood the gentleman's colleague, who is familiar with the rules, to declare it as his opinion Mr. WOOD, of New York, obtained the floor. that the motion was divisible. Mr. SAYLER. I a~k the gentleman to yield to me for a moment. Mr. HALE. What colleague t Mr. WOOD, of New York. I yield to the gentleman if it is to give The SPEAKER pro tempore. The gentleman's colleague on my rise to no debate. right, [Mr. BLAINE.] Mr. SAYLER. I think what I propose will meet with no objection. Mr. HALE. I do not understand my colleague to hold any suoh I offer on behalf of a committee of the .American Metrological Society opinion, but, on the contrary, that such amotion is in order, and is not two memorials, and I de ire to state in this connection that at the la t diviRible. I understood my colleague to say that I had a right to session of Congress similar memorials were offered, signed by several combine the motions. hundred citizens, embracing among tl:.em very large numbers of the 1876. CONGRESSIONAL RECORD-HOUSE. 3031 leailing merchants, bankers, and professional men of New York, Bos- Mr. WOOD, of New York. I have no wish of course to interfere ton, and other large cities of the United States, and also many men with the· bills reported by the Committee on Appropriations, but I do of science and letters as well as others prominent in public life.. feel as if I had some claim to the consideration of the House in ref- The Clerk read as follows : erence to this particnla.r measure, which has be~m pending now for Memorial of Thomas R. Pynchon, president of Trinicy College, Connecticut; three or four months. As I understand there are but two gentlemen Professor H. A. Newton, of Yale College; E. B. Elliott, of the Bureau of Statistics; who desire to speak upon it, and after they have spoken I proposf\ to Bon. Samuel B. Ruggles, of New York; and Dr. F. A. R. Barnard, president Colum- demand the previous question and to occupy the hour to which I shall bia. College, New York, committee of the .American Metrological Society, praying then be entitled as I may deem best; after which we will prepare to for the adoption of a uniform system of weights, meaaures, and moneys to be em- ploved by all nations. . take the judgment of the House by a vote of yeas and nays. Memorial of Thomas R. Pynchon, president of Trinity College, Connecticut; Mr. HOLMAN. If the gentleman will say that the measme of Professor :B:. A. Newton, of Y3J.e Colleae; E. B. Elliott, of the Bureau of Statistics; which he has charge will only occupy three hours from the time the and Dr. F . .A. R. Barnard, president 'Columbia College, New York, committee of House resumes its consideration, I will have to yield the point. the American Metrolo~cal Society, praying that tho coinage of gold and silver may be made in strictaccoruanoo with the denominations of the metric system. Otherwise I would have to call upon the House to determine whether an appropriation bill should be postponed at all for the conside-ration The memorials were referred to the Committee on Coinage, Weights, of any other general matter of legislation. The House most see that and Measures. appropriation bills ·are very far behind for this stage of the session, Mr. SAYLER. In the same connection I offer the following reso- and their early passage by the House is a matter of high public ne:. lution: cessity. But if the time for the consideration of the Hawaiian t1·eaty Resolved, That the heads of the Executive Departments of the Government be, ~an be limited to three hours, I will feel justified in giving way to it. and they are hereby, rc9uested to report to this Honse. at as early a .date aa practi- Mr. WOOD, of New York. So far as I have any control over the cable, what objections, if any, there are to making obligatory in all governmental transactions the metrical system of weights and measures, whose use has been au- debate it will not occupy more than three hours, unless the Honse thorized in the United States by act of Congress; and also how long a preliminary should unanimously extend the time pf the gentlemen who shall notice should be given before such obligatory use can be introduced without detri- speak. If the House shall do so, of course I cannot control the length ment to the public service; and that they are also requested to state what objec- of time which the debate will occ·u py; otherwise I guarant-ee that tions there are, if any, to making the metrical system obligatory in all transactions between individuals, and what is the earliest date that can be set for the obligat.ory there shall not be but three hours' debate. use of the metrical system throughout the United StAtes. .Mr. HOLMAN. I ask unanimous consent that debate upon this Mr. KELLEY. I object. 'I desile to confer with the gentlemanon measure be limited to three hours. the subject. Mr. MORRISON. I object. Three hours were occupied o;u the other NEW YORK CUSTOM-HOUSE. side by the gentleman from Massachusetts [Mr. BANKS] alone. The motion of .Mr. WooD, of New York, was agreed to. Mr. PAYNE. By direct,ion of the Committee on Reform in the Civil Service I report the resolution which I send to the desk, and HAWAllAN TREATY. ask that it may be adopted. Tho SPEAKER pro tempore. The motion having been agreed to, The Clerk read aa follows: the Committee of the Whole on the State of the Union is discharged Resolved, That the Committee of Ways and Means be requested to make a thor- from thefurtherconsideration of the bill (H. R. No. 612)to carry into ough investigation int.:. the management and direction of the custom-house at the effect a convention between the United States of America and His port of New York, and as to the changes and reforms necessary to more effectually enforce the laws for the collection of customs revenue, with power to send for per- Majesty the King of the Hawaiian Islands, signed on the 30th day of sons and papers, and to report at any time. January, 1875, and it is before the House for consideration. Mr. WOOD, of New York. When the bill was last under consid- Mr. RANDALL. Why not make the resolution apply to all the eration in Committee of the Whole the gentleman from Virginia [Mr. custom-houses f TucKER] had the floor and is entitled to it. Mr. PAYNE. One committee could not go around them all. Mr. TUCKER. It was agreed the other ~ay, as I understand, with Mr. RANDALL. One committee can go arouncl some distance. I the chairman of the committee that my friend from Maryland [Mr. suggest that it be made to apply to all custom-houses. THOMAS] should take the floorthis morning and that I should follow Mr. HOSKINS. I would like to hear the resolution read again. him. . The resolution waa again read. [Mr. THOMAS addressed the House. His remarks will appear in The resolution was adopted. the Appendix.] · SUFFERERS l!'ROM: OVERFLOW IN MISSISSIPPI. Mr. KELLEY. I move that the time of the gentleman from Mary- Mr. WELLS, of Mississippi. I move that the rules be suspended; land be extended. and that the bill which I send to the desk be paBSed. The SPEAKER pro tempQre, (Ml'. SAYLER in the cha.ir.) That can The SPEAKER pro tem,pore. Does the gentleman from New York only be done by unanimous consent. Is there objection t [Mr. Wooo] yield for a motion to suspend the rules! Mr. SPARKS. I object. .1\lr. WOOD, of New York. I do not. . Several MEMBERS. '0, no. Mr. WELLS, of Mississippi. Then I ask that by unanimous con- Mr. SPARKS. I withdraw my objection. sent the bill be considered now. Mr. BELL. I renew it. The SPEAKER pro tentpore. The bill will be read for information, Mr. KELLEY. Why, the House refused to limit the time for de- after which objections, if any, -will be in order. bate this morning. The Clerk read as follows : .Mr. WOOD, of New York . . I hope the gentleman from Maryland Be it enacted. &c., That the Sooretaryof War be, and he is hereby, autborizedand will have additional time if we. can possibly reach the question upon directed to issue 500,000 rations, or so much thereof as he may find neoossary, to this measure before the adjournment to-day. If that can be done I the sufferers from the late overflow in the State of Mississippi; said rations to be hope every gentleman who speaks can have his time extended. I do distributed under the charge of an officer or officers of the Army, to be detailed for that purpose ; a.nd a full and detailed report to be made to Congress of the distri- not object. bution herein authorized. Mr. KELLEY. It is the fust time the gentleman from Maryland Mr. ·cALDWELL, of Alabama, Mr. HEWITT; of Alabama, and has raised his voice in this House. others objected. · The SPEAKER pro te·ntpore. The Chair can make but one decision ; Mr. DE BOLT. We have had enough of that kind of distribution. objection is ma-de to the extension of time, and the gentleman from The SPEAKER pt·o tempore. Objection being made, the bill is not Virginia [Mr. TUCKER] is entitled to the floor. before the House. · Mr. TUCKER. Mr. Speaker, as a member of the Committee of Ways and Means I formed very early an impression that this treaty OPENING OF THE CENTENNIAL EXPOSITION. should not be confirmed by the action of this House. Subsequent Mr. VANCE, of Ohio. I ask unaniq10us consent to offer the follow- reflection has only deepened that impression into a conviction that ing resolution: it is against the true policy of the Government. llesolved, That for the purpose of enabling the officers and employes of the Honse But for the elaborate argument of the gentleman from Massachu- who may desire to do so to attend the opening of the centennial exhibition, the sev- setts [Mr. BANKS] I should nothave thought it necessary :,tt all to go eral offices of the House be closed during the recess from the 9th to the 12th in- into the question of constitutional powers, which has been so fully stant, provided that the opening and distribution of the mails shall not be interfered with. . and ably presented by my friend from Maryland, [Mr. THOMAS;] and Mr. DANFORD. I object~ yet I will venture to say a few words upon this interesting subject in the limited time allotted me. ORDER OF BUSINESS. I apprehend that the delega~ion of the treaty-making power is no Mr. WOOD, of New YQrk. I move that the Committee of the Whole more absolute in its terms than is that of the legi~lative power. The House on the state of the Union be discharged from the further con- first clause of the Federal Constitution· is that "all legislative pow- sideration of the bill to carry into effect the Hawaiian treaty, so that ers herein granted shall be vested in a Congress of the United States," it may be brought before the House for final disposition. &c. Among those legislative powers we have the powers to lay and Mr. HOLMAN. Before the question is pot upon that motion, I collect taxes, duties, &c.; to borrow money; to regulate commerce; the would have to submit to the House in the interest of the post-office power to raise and support armies, to provide and maintain aNavy, and appropriation bill a question as to the present consideration of this so on. Now the question which is presented by the gentleman from measure, unless it could be understood that there should be some Ma&sachusetts is this: Whether it is competent for the treat~T-mak­ limit to the time that will be consumed over it. I desire to inquire ing power. so to tie up the hands of this legislative branch of the Gov- of th~ gentleman from New York howmnch time is likely to be occu- ernment, as that whatever is determined by it in respect to any of these pied in finishing np that bill f functions of the legi~lativ~ department, the Congress of the United 3032 CONGRESSIONAL RECORD--~oHOUSE. MAY 8~ States is not only left without opt.ion, but is bound to register the the Constitution, as money cannot be appropriat-ed by the treaty-making power. edict. Now, sir, the treaty-making power, as I have said, is no more This results from the limitations of our Government. The action of no department of the Gve.rnment. They ·are obliged to lookintotheConstitution of this Government to To follow, not to lead; to fulfill, not to ordain the law; to carry into effect, by ne- see whether the action of the President and the Senate alone is sufficient gotiation and compa-ct with foreign governments, the legislative will when it bas 'been announced upon the great subjects of trade and revenue, not to interpose with to make the compact binding between the United States and Hawaii; controlling influence, not to go forward with too ambitious enterpris&-these seem whether the mere fact has been so sanctioned by the legislative act, to the committee to be the appropriate functions of the Executive. essential to its eftect, as that the vinculunt jw·is is thrown around the parties converting the simple pact into contract. The principle was again asserted in the same way in 1853-'54. Gen- In Wheaton's Elements, page 329, that author says on this point: eral Jackson's position in 1834 in respect to France has been cited in favor of the contrary view. I will merely say in passing that I think The treaty, when thus ratified, is obligatory upon the contracting states, inde- that is not a valid precedent for this reason: The debt due by France pendently of the auxiliary legislative measures which may be necessary on the was not created nnder the treaty; the treaty merely liquidated an v.art of either in order to can-y it int~ complete effect. Where, indeed, such aux. iliary legisla.tion becomes necessary, in consequence of some limitation upon the unliquidated claim that had pre-existed, and when the claim was liqui- treaty-mal.:i ng power, expressed in the jttndamentalla1os of the State, or neussarily dated by treaty. and the Chamber of Deputies in France refused to implied from the distribution of its constitutional powers-such, for example~ as a. pay the money, General Jackson said that he would make reprisals on prohibition of alienating the national domain-then the treaty may be consiaered France for the purpose of enforcing the legitimate claims of .American as imperfect in its oblig~tion until the national assent has been given in the fonns required by the munic1pal constitution. citizens, which had antedated the treaty, but which had been sanc- tioned and recognized by the treaty and were liquidated by it. He We insist that in the distribution of the constitutional powers of would not permit the legllilative refusal of the Chamber of Deputies our system this limitation upon the power of the President and Sen- to postpone indefinitely the discharge of a lawful claim which had ate in respect to treaties is necessarily to be implied, to wit: that no existed prior to and independently of the treaty itself. stipulation of a treaty involving legislative action in order to its being Now, I admit freely (and this is all that gentlemen can claim) that effectual can bind the United States nntil Congress, in the exercise this question is one which ha~ given rise to a vigorous contest, in of a full discretion, untrammeled by the obligation of passive obedi- which giants in former days took part·on either side; in which Cal- ence, shall pass such necessary law. houn and Pinkney were arrayed against Lowndes and others in the And l\!r. Lawrence, the learned annotator of Wheaton, claims no Congress of 1816; in which Madison and Macon and Gallatin in 1796 more than that "if the treaty be within the constitutional limits, stood on the same side that I now occupy, in opposition to the views free from fraud, and not destructive of any of the great rights and of President Washington's administration. But this conflict, as to interests of the conntry, then there is a. moral obligation to grant the relation between the treaty-making and the le~islative power, the aid required." And this accords with Chancellor Kent, (1 Kent, has given rise to provisions in later treaties-certainly in the reci- page 285.) procity treaty with Canada-in which itwas provided that the treaty And I beg gentlemen to remember that the case of this treaty is should not be operative unt.U it ha{l been sanctioned by an act of different from one merely involving an appropriation of money to Congress. In other words, the treaty-making power itself ha-s.wisely carry it into effect. 'l'he question here is whether Congress will di- held that it will not even indicate to a foreign power that the vest itself for seven years to come, and perhaps for all time, of its United States are bound by any action of the President and Senate, functional and constitutional capacity to lay duties; whether this unless it has been sanctioned by an act of Cong1:ess, where a law is House will demit its great power to lay duties for the purpose of needful to give the treaty effect. revenue which has been delegated to it by the Constitution in trust But my distinguished opponent, General BANKs, has made a very for the protection of the people; whether it will surrender this con- extraordinary argument :which I will not criticise in the terms he bus fided trust and paralyze its organic authority by its own consent or indul()'ed in criticising a portion of the minority report. He says concede the right of the PL"esident and Senate thus to cede away the that this treaty is now a complete treaty, because the President has authority of Congress vested in it by the fundamental and supreme announced it to be binding upon all citizens of the United States, of law of the land. whom we are apart. Sir,ifthePresidentof the United States meant , Have we the power to do this, or ought we to do it, and thus put by that proclamation to say that that treaty was binding upon any this constitutional function beyond the reach of our capacity to re- citizen before the consent of Congress had been ~iven, he has in claim itt my judgment transcended his power and has proclrumee that tho general rule of our system is, indis- tlemen who say that constitutional questions have practically passed putably, that the control of trade and the function of taxing belong, without ahridg· ment or participation, to Congress. They infer this from thfllarigua,go of the Con- away and are a part of those Bourbon ideas, as they are called in the stitution, from the nature and principles of our Government, f1:0m the theory of cant of the day, which are no longer to be respected, yet while I oc- republican liberty itself, from the unvaried practice, evidencing the universal be- cupy a seat on this floor I shall never permit to pass without chal- lief of all. in all periods, and of all parties aml opinions. They think too, that, as lenge any action of t hi s House which I believe will tend to disturb ~~I~;~~~r~pe~;~~~;~3~;~~;~~~fo~~~~~~t:;~~~~~~~~~~~!!~;~:h that splendid equiliurium of power which was estaulish e d by the 3034 CONGRESSIONAL RECORD-HOUSE. MAY 8, Constitution of our fathers. That equilibrium between the Federal similar to that which I read from a single treaty, one of the last Government and the State governments ; between the different de- mafle-the treaty made with San Salvador-it is provided that- partments, executive, judicial, and legislative, of this Government; No higher or other duties shall be imposed on the importation into the United and lJetween the two Houses of Congress, are all-important to be sed- States of any articles the produce or manufactures of the republic of San &lva- ulously conserved, lest the disturbance of the equilibrium may result dor • • • than are or shall be payable on the like articles being the produce in the overt.hrow and ungearing of the whole system of political ma- or manufactures of any foreign country. (18 United States Statutes at Large, page 727.) chinery, so wisely and well adjusted. Now, look for a moment at the effect of this claim for the treaty- That is our treaty with San Salvador, that whatever article we let making power in the form insisted on by gentlemen here. Accord- indutyfree at anytime from any country shall be let into the United ing- to the census of 1870, nine States (New York, Pennsylvania, Ohio, States duty free if exported from San SalvaSsachusetts, Virginia, Kentucky, Indiana, and Missouri) Hawaiian government is that we shall let sugar and rice in duty can carry this House against the other twenty-eight States by force free. By doing so, under om treaty with San Salvador, we Jet in the of numbers. According to the same census, nineteen States (the same m-ticles duty free from San Salvador. And I have here a table, smallest being taken) with only 8,000,000 of people, or one-fifth of which I will ask to be printed with my remarks, by which it will ap- the whole population of the country, can carry the Senate by the force pear that on the sugar exported from other countries to our At1antic of States. If legislation or governmental action depended then on and Pacific seaboard there will be a loss, in round numbers, of $284,000; the action of the Senate alone, the Govflrnment would be under tho which, with the loss of duties on the like articles from Hawaii, would control of an oligarchy of States; if legislation depended on this make a total loss of over $1,000,000;. according to the state of things House alone, the Government would be subject to a simple numerical this year $1,000,000 of revenue relinquished by this treaty. majority. By requiring the concurrent a~tion of the two, no law can be passed without the consent of a majority of the people, estimated by numbers and by States. yrune of Appdroximate Revenue. unports. uty. Ports. Now, mark again: The President and two-thirds of the Senate- that is, twenty-five of the smallest States, comprising only 14,0007000 of people, or a little over one-third of the whole population of the Per cent. country-can make a treaty ; that is to say, one-third of the people Peru, sugars ...•.•.....•••••.... $21,145 00 40 ~.ooo oo Pacific. Central .America, sugars ..•..... 131,000 00 40 52, 400.00 Pa.cifio. of this country can advise and consent to a treaty proposed by the Central America, melado ..•.... 31, !J35 00 40 12,000 00 Pacilic. President. Central America., molasses .••••. 7,137 00 20 1, 500 00 Pacific. Now, if the claim of the gentleman be correct, that a treaty made Hayti, sugars .......•..••.••••.. 13,500 00 40 5, 000 00 Atlantio. by the President and Senate is binding upon this House, divesting it Liberia., sugars ...... ---------- •. «. 000 00 40 16, 000 00 Atlantic. San.Domingo, sugars ..••.••.... 153,000 00 60,000 00 Atlantic. of its constitutional functions, then it follows that one-third of the Venezuela, sugars ......•.•••••. 18, ~40 00 7, 000 00 Atlantic. people of this country, in two-thirds of the smallest States, may take Danish West Indies, sugars ..••. 216, 000 00 86, 000 00 Atlant.ic. away all the revenue of the country even against the will of the law- Danish West Indies, molasses ... 187, 3i9 00 20 37, 000 00 Atlantic. making power of Congress; which will only sit here to register the Total....................... . . . .. . .. . ... .... .. ........ 284,900 00 edicts ·of the treaty-making power, an oligarchy of States. Mark again. Suppose we pass this law ratifying this treaty; or sup- pose it becomes a law without our consent, (as gentlemen insist,) then Of which to Pacific ports .••••• --- ••..••..••.•••........•.••••••• ------ $73,900 00 what f Our power to lay duties on these articles can never be gotten Of which to Atlantic ports.------·- ••. -------·----- ••. ---- ••.. ----·---- 211, 000 00 back unless t.he law we are now proposing to pass is repealed; and 284,900 00 yet the repeal of that law may be defeated, as I have shown, by one- Mr. SPRINGER. Annually f fifth of the people of this country who live in a majority of States, Mr. TUCKER. Yes, sir, annually. It was on this view of this the smallest in numbe1-s. In other words, one-fifth of the people of and like clauses in treaties that Great Britain claimed through Lord this country, counted by numbers, living in a majority of the small- Aberdeen, when the Zollverein treaty was negotiated with the United est States, can keep this House from ever getting back the power to States, and Mr. Everett, the American minister, admitted the claim, lay and collect duties on these articles produced in Hawaii, which we (in li;44,) that if the Zollverein treaty was made between this coun- are now asked to yield by this bill. And the President, althouO'h try and Germany it would by force of other treaties of like characte such repealing act passes both Houses, may vet.o the reclaim we make with those we are considering permit the introduction of like arti- of our powers. What then f It will require two-thirds of both cles from other countries as we should admit free of duty under the Houses to get back the power; and then one-third of .the States, Zollverein treaty from Germany. That was admitted to be the true taking the smallest, containing only one-tenth of the population of construction _o f such clauses in treaties. Consequently, if you find the United States, in the Senate may defeat the reclaim we make of any country exporting sugar or rice to this, with an article like this our constitutional power. that I have read in a treaty between this country and that, the Mr. JONES, of Kentucky. And the President and the Senate have effect of this treaty with the Hawaiian government will be to admit the appointment and confirmation of· every judge of the Supreme sugar and rice from those countries free of duty, as well as from Court and every foreign embassador. Hawaii. The consequence will be that all these countries will be Mr. TUCKER. Certainly. looking after their interests under these different treaties, and will be Now, Mr. Speaker, I have dwelt on this too much at length. I will sending their articles to flood our markets to the detriment of the not detain the House any longer on that aspect of the question ; and sugar and rice interests in this country, and to the greater detriment I have only dwelt on it for the purpose of showing how important of our own revenue. it is that, having the power now in our hands, we should keep it un- But I say, sir, that the loss to our revenue will be still greater from der our own control, and not surrender it, when we may never be another cause. '!'here is a provision in this treaty that certain arti- able to reclaim it; that there is no body of men so well organized and cles if produced in Hawaii shall be admitted free of duty. But who :fitted under our form of government to determine what (luties shall shall prevent parties in other countries from shipping sugar to Ha- be laid and what shall be the regulations of our commerce as this waii and then reshipping it from Hawaii a.s Hawaiian sugarY Who body, which represents the popular majority of the country, the ma- will guard our right to duties on those articles so that frauds on our jority of men on whom the action of government is to operate; and revenue will not be perpetrated! And the consequence may be that we have no right td'surrender this power or to abandon our duty revenue from this article of sugar, which to-day gives to us one-fifth to e:xert it faithfully, unless under circumstances and upon exigen- of our whole revenue from duties, which is the goose that lays the cies of the most imperative character. golden egg, will be year by year undermined and decreased, and the I 5hall direct my attention for the balance of mytimeto thegmver revenues of the Government, so essential to the public credit, will be question whether this treaty is advisable, condensing what I have so far diminished that we will have to lay duties upon some other to say aa far as possible. articles to make up the deficit; The :first question to which I address myself then is this: Is this But, :Mr. Speaker, that is not all. The Sandwich Islands are capa- treaty advisable Y I say not; because it involves a serious loss of ble of producing much larger amounts of sugar. Twelve thousand revenue. Since the report of the committee was made the chair- acres, I nderstand, are naw iu cultivation, but five times that amount man of the Committee of Ways and Means [Mr. MORRISON] has been can be put in successful cultivation. Let this bill giving effect to this fm·nished by the Bureau of Statistics with an important paper, which extraordinary treaty, which bestows such a bonus on the planters in I have before me, the result of which I will give. Hawaii, be pa,ssed and the whole Pacific coast will be supplied with For the last six months, or rather for the six months ending De- Hawaiian sugar to the utter detriment of all revenue from sugar con- cember 31, 1875, the duty on sugar imported from Hawaii into the sumed upon that coast. United States was $369,461.69. 1f it keeps up at that rate for the Now, suppose we are to lose this revenue; how are we to make up whole year ending June 30, 1876, we should lose in revenue under the deficit f Why, sir, we have reported a. bill here from the Commit- this treaty $738,92J.38. So that we give up that amount of revenue tee of Ways and :Means to diminish the taxation upon the consumers by passing this bill. Then in reference to rice, in the same way and of imports into this country. We are trying to lessen the burdens of from the same paper we will give up $42,735.34; making $781,6i18.72 taxation. And yet here we are giving away, as I shall show cli- on suga r and rice. rectly, over a million this year (and pernaps millions of revenue in I beg the House for one moment to permit me to call their atten- the future) to aliens, for what Y And we propose to make up the defi- tion to another important view of this matter of loss of revenue. By cit by taxation on our own people. treaties with several other countries, the provisions of which are But, sir, that is not all. I make another point. The Con~:~titution 1876. CONGRESSIONAL RECORD-HOUSE. 3035 of our country, the Constitution of my country and yours, provides for everything he consumes, and pays also heavy internal-revenue that- taxes for much that he consumes ; and yet when these persons slip All duties shall be uniform throughout the United States. (Constitution of the the noose of our tax-gatherers by becoming aliens, and get out of our United States, article 1, section 8.) hands so that we cannot tax them, you say by this bill that we will Is it a· unifoi:Dllty of duty to say that the consumer on the Atlantic pay these men, in a-ddition to -their exemption from taxation, these seaboard shall pay a duty of from 40 to 60 per cent. on sugar and tha;t enormous bounties at the expense of and by the taxation of our own the consumer in California and Oregon shall pay none T Is that um- people. formity T Gentlemen say: "~ell, but we only make a freedom froJ?l Now it is true that in the raw state, much sugar will not go from duty in reference to the Hawauan sugar; and, as you cannot get It the Atlantic to the Pa-cific coast; but there is a form in which it on the Atlantic, we do not maike a discrimination in favor of the Pa- will go, and which gives great advantage to somebody. I do not cific consumer. It is your misfortune that you are on the Atlantic mean to say that this is a job. The only gentleman with whom I and uot on the Pacific." Is not that paltering in a double sense T Is have talked on this subject, except with members of Congress, is not that doing indirect~y what .you admit you ca~not do dire~t.ly f Is aHawaii, gentleman who is chief justice and minister plenipotentiary of and I take pleasure in saying that he has so conducted him- it not-if gentlemen will perm1t me to say so Without meanmg any reflection-if not a. direct inva.s10n of the Constitution, a palpable self toward me as to enable me to say upon this floor that I believe fraud upon its purpose and spirit f If you stick to the letter, do you him to beafair-mindedand honorable gentleman; but I say that, what- not violate the intent of the Constitution T ever may be the purpose of the persons who are urging the passage But more, sir; the language of the Constitution is that- of this treaty, it is going to make in its results a fat job for aliens at the expense of our own children. No preference shall be given by any regulation of commerce or revenue to the Now our sugar does go to the Pacific co~t in the form of 1'efined ports of one State over those of another. (Constitution of the United States, arti- sugar; and their sugar will come from the Pacific coast in the refined cle 1, section 9.) form, because the cost of the article in the refined shape will bear The ports of California. you throw open to sugar duty free; the transportation while it will not in the mw state. One of these great ports of the Atlantic you close to sugar unless on payment of a duty California refiners who may own a good fat plantation at Hawaii will of 40 to 60 per cent. Is not a preference thus given to the ports of raise his raw sugar and bring it to California, where it is refined, and CaJ.ifornia for the importation of sugar over the ports on the Atlantic then transport it to the Atlantic States free of duty ; and it will then seaboardf come in competition with the productions of t.he Atlantic refiners ; so But ~entlemen say-! do not know, however, that they concur in that in the competition between the Atlantic and Pacific refiners you what tney tfuall say on the point I am about to make-yet they will give to the Pacific refiners an advantage of 40 to 60 per cent. on the have to say one of two things. I put them on the horns of a dilemma. cost of the raw material, which will by reaction operate injuriously Either the pa.ssa~e of this bill will cheapen sugar to the California on the home producer of the raw sugar. Now is that fair under a consumer or it will not. I do not care which alternative you take; Government of equal laws intended to bear equally upon all parties! take either and ·you will be impaled upon a fatal horn. If it does Mr. Speaker, if you will look into this treaty you will not find muc~ cheapen sugar and is a relinquishment of the duty in favor of the free trade in it. Raw sugar comes in free; but not refined sugar. California consumer, then is it not an ununiform duty on sugar f This is for the benefit of the manufacturer of sugar; but the raw Does it not make a discrimination between the Atlantic consumer sugar comes in in competition with the agriculturist. So, too, in and the Pacific consumer f And have you under the Constitution the the ca-se of hides, in which the grazier is interested. Raw hides are right to do it f But suppose it does not chea.pen.sugar, (and I think admitted free ; but dressed hides, for the benefit of the manufa-cturer it will not,) what then f The effect of it will then be that, as it will at the cost of the consumer, come in with a duty upon them. You not cheapen it, the price of sugar to the California consumer being will find the same principle all through the treaty, which was made the same, it will be just taking the duty from the Treasury and hand- for the benefit of certain manufactures of this country, but made ing it over into the pockets of the Hawaiian producers. In other without any a-d vantage to the agriculturist or the grazier. words, you are asked to-day to sanction a treaty which takes money One single remark further on this head, for I must hurry on, and I out of an almost bankrupt Treasury to feed with bounty aliens across will say it in a single sentence. It is for the interest of this Congress the sea. And how are you to make up the difference f Either by in- and of the country that we should adopt no legislation that shall creasing the burdens upon your own people or by continuing burdens array sections in hostility to each other. We should not array Cali- which we desire to lift from their shoulders. fornian interests in competition with Atlantic interests; ~e should Mr. Speaker, the divine Master, in one of those passages in his not say to California, your interests are diverse from Atlantic inter- life when he uttered truths of such universality that they are appli- ests, and we will therefore make one law to suit you and anot.her to cable to all the departments of human affairs, said to one of his apos- suit the Atlantic. That, sir, engenders strife, and dissensions, and tles, "Of whom do the kings of the earth take custom or tribute T discontents, by suggesting diversity instead of unity of interests, Of their own children or of strangers T" The apostle answered, "Of which ought to be put down among the different sections of the coun- strangers." "Then," said the divine Master, "are the children free." try. They should be bound together by tht} bonds of a common in- In free America for the first time it is proposed that we shall lay a terest and in a common brotherhood, with equal rights and privileges dut.y upon children in order to pay bounties to aliens. And thus under a just and equal Government. I may charge as a retmlt of this bill, using with a slight change the But, Mr. Speaker, what are the advantages which it is alleged will phrase of the divine Teacher, "Then are the children slaves," and be derived from this treaty? It is said that we get a market in the " Then are the aliens free!" . . Sandwich Islands with a population of 56,000 people, about half the But who is this alien that gets the advantage f Home-born, sir; population of the cities of Washington and Georgetown. · What an born upon our own soil, an ex-patriot to Hawaii, shunning the burdens enormous market for 40,000,000 of people to be reaching out for! which we bear and claiming benefits which are denied to us and we And what do they consume T Six hundred and ninety-five thousand cannot get; an alien by choicewhoseekstofeedon bounties supplied dollars of our products, which is about $11 a head. And who are to him by taxation on our own people, and which he has avoided by they T Mr. Speaker·, it is a sad thing, but the results accord with all ceasing to be an.American citizen and becoming a Hawaiian subject. history in cases where civilization and barbarism meet. When we But, 15ir, there is another point of view to which I desire to call at- sent. to the Sandwich Islands over a half century ago the missiona- tention. Gentlemen say the Hawaiian sugar cannot get to this side ries of the Gospel, the heathen played the capnibal with our civiliza- of the continent, and therefore it will not interfere with our sugar tion. But we have turned the tables upon him; and civilization is production. Sir,· I am not a protectionist, I am a free-trader; but playing the cannibal to the heathen. A population of 400,000 a cen- when I do go free-trading I like to have genuine free trade. Free tury ago has dwindled down to a little over 49,000; and civilization trade, to be desirable, must be made for the home consumer. The is cannibalizing the Sandwich Islands. 'l'here ar~, however, but freetradeofthisbillofwhichyouboa-stismadefortheforeignproducer. 7,000 of other nations there; and that is the market we are claim- This free trade does not lift one cent's burden from you or me or from iDlY with so much eagerness. For six hundred and ninety-five California; but it involves an increase of the burden we will have dollars' worth of products sold we give up a revenue of over a mill- to bear by requiring other taxation to make up the deficit of revenue ion; we give up annually 2 out of the Treasury to sell half that resulting from this treaty. There is no free trade in it. amount to the islands. What a magnificent bargain the gentleman But it is said that Hawaiian sugar cannot get to the Atlantic mar- from New York [Mr. WoODl proposes to the country! kets. Why not Y Because, it is &aid, the cost of transportation pre- Well, what is the tariff that they now lay upon ns t Only 10 per vents it, and therefore it cannot come into competition with our own cent. That is all of duty relea-sed and the extent of our advantage. home-grown sugar. That is to say that gentlemen propose to give Cannot we get along well with their 10 per cent. duty and without such ad vantage to the Hawaiian producers of sugar on the California its being remitted T Coal is free. We O'ain not.hing by the treaty, coast that if we try to transport our Louisiana sugar to that coast at therefore, so far as coal is concerned, and only 10 per cent. on other such heavy freights we will be unable to compete with Hawaiian articles. But it is sa· d that we will gain the carrying trade. The sugar by reason. of the advantages given to the foreigner. gentleman from Pennsylvania [Mr. KELLEY] has answered this, and Now, sir, the duties we lay upon foreign sugar are not. strictly pro- I quote from his able speech: tective duties. The;y are highly revenue duties at the rate of from 41) We are to have the carrying trade. We have it already and :no nation can take to 60 per cent. The amount of revenue derived from that source is it from ns, nor will any attempt to t.1>ke it, for it is worth nothing. I will give you. $38,000,000. Now you propose to take away the revenue duties, which the fi~ures of their trade in the last year of which we have returns, 1872. Their help to some extent our own planters, and give the advantage to the records inform us that there were 146 merchant vessels and steamers entered at foreigner. You do that in view of the fact that every man who is a 9Hawaiian ports, 91 of which were American, only 16 were English, 6 were German, belonged to other nations, and 2fi wm·o Hawaiian. Of tbe 98,647 tons of shipp~n~. sugar-planter here pays tariff duties for all he uses on his plantation, 73,975 were American, 6,514 wero Hawaiian, and but7,741 were British. Of 47wlla.l- 3036 CONGRESSIONAL RECORD-HOUSE. MAY 8, ing-vessels callin~ at the island ports during the year, 42 were American, 2 Ha- the facts of very recent history T Do you remember that we acquired waiian, and 3 British. Of less than 16,000,000 pounds of sugar exported during that Alaska a few years ago, between 1Vhich territory and our other Pacific year, 14,500,000 came to this country; of 39,000 pounds of coffee exported, were- possessions British Columbia is interposed! If we are really afraid ceived 34,000 j and of 1,349,503 poUDJls of rice and paddy, we received 1,317,203 of Great Britain seizing our Pacific States by a-cquiring Hawaii, is it pounds. In view of these figures, who will sa.y that we are not in possession of their carrying trade 7 not clear there is more danger of her seizing Alaska, when she is be- It thus appears that we are buying by this treaty what we have tween us and Alaska, than there is of her seizing California from already; we are paying over a million dollars a year to Hawaii to Honolulu when the Pacific coast is protected by the whole back give us what we have without price! But, then, gentlemen say, and countryt this strikes them with very great force, we want a half-way house But there is no soundness in this argument. \Ve have Bermuda and on the great Pacific Ocean, where those young whales are disporting Jamaica and British Columbia and Canada right at our doors, right themselves iu the animated style described by the gentleman from in our front and on our flanks, and for sixty long years, through the Massachusetts, [Mr. BANKs.] We want a half-'Jay bouse on the Pacific. years of our civil strife, Great Britain has never used one of them as a What forT My friend from Mississippi, [Mr. MONEY,] whose speech lever with which to overturn our Government or to menace the safetv does him very great credit and honor, said that we want to acquire of this country. The proximity of her colonies to us and their dis- Hawaii. On the other side of the House, the gentleman from Ohio tance from the mother-country enable us to hold Great Britain under a [Mr. GARFIELD] said : "0, no, I think we want the treaty in order recognizance to keep the peace, and the interests of those in language, not to acquire Hawaii." Well, gentlemen must settle their disputes commeroe, and a common civilization will keep pea-ce between the two among tbemsel ves. I cannot compose such strifes. countries unless ambition or folly should tempt us to aggressions and In my judgment the acquisition of Hawaii would be almost if not foreign wars, thuedigging the grave of our R-epublic, from which there absolutely fatal. So fat as my judgment is concerned1 I would not would be no resurrection but in the new form of a military empire! take it as a gracious gift. Suppose you had war, an<1 you have a There is a policy which I think is broader, more frank and manly chronic fear of war with Great Britain, with whom you have not h~d than the one proposed. You ask, how shall we be safe! Suppose a war for sixty years. The bugaboo of the American children is Great Britain should undertake to acquire the Sandwich Islands. Sir, brought forward here to-day to scare this House into now passing in that event I would speak in the language of Mr. Webster quoted this treaty. Great Britain may get Hawaii, gentlemen say. If we in the report of the committee ; I would use the diplomacy of Mr. take possession of Hawaii and Great Britain wants it, what a time Everett in his celebrated dispatch of 1851 in respect to Cuba; I woulVEALTB 01<' MABSACHUSETI'S, .And if, as the petitioners aver, the property and earnings of the said In the year 1876. Southern Pacific Railroad belong to the said Central Pacitic, then such Resolution relll.ting to Edward O'Me.. corporation for their A true copy. own benefit. Witness the seal of the Commonwealth, ".Again, if, as the petitioners aver, the said road was built from and (sEAL.] HENRY B. PIERCE, Secretary. with the subsidies of bonds and lands made by the Unitecl States to Mr. BOUTWELL. I move that the resolution be referred to the said company, and the subsidies made by t.be States of Nevada and Committee on Foreign Relations and printed. California, and various other counties and cities of said State of Cali- The motion was agreed to. fornia, t:l1en the issue of the bonds to the amount of $27,000,000, and Mr. MORRILL, of Maine. I present the petition of James N. Car- which now constitute a first lien on said road, was improperly and penter, pay-inspector in the United StatesNavy, praying compensation fraudulently made, and Congress should, by a})propriate enactment, for services rendered as paymaster while at the same time discharging compel said managers to take up, cancel, and retire said bonds, and his regular duties as pay-inspector. This is a sort of supplement to a the claim of the United States would then be the first lien upon said petition already in the bands of the Committee on Naval Affairs; and road, and be fully protected. I move that thi1:1 paper be referred to that committee. "And the petitioners humbly pray that your honorable bodies will The motion was agreed to. appoint a committee of your two Houses, to sit in the city of San Mr. COCKRELL presented the petition of Mooill (H. R. No. 2804) granting a pension to Harriet C. Dunham, [Mr. GOLDTHWAITE,] not · being in his seat, I ask that tho bill be widow of Charles A. Dunham, late private Company A, One hun- placed on the Calenuar. dred and eighteenth Pennsylvania Volunteers; The PRESIDENT p1•o ternpore. The bill will be placeu un the A bill (H. R. No. 2829) for the relief of .Ariel K. Eaton an<.l James D. Calendar with the adverse report of the committee. Jenkins; Mr. EDMUNDS also, from the Committee on the Jndiciu;y, ro A bill (H. R. No. 2832) for the relief of Mrs. Eliza E. Hebert, of whom was referred the joint resolution (S. R. No. 10) propo ing an Lou is ian a; amendment to the Constitution of the United States; reported it A l>ill (H. R. No. 2833) for the relief of Snsan P. Va,nce; with amemlments. 1876. CONGRESSIONAL RECORD-HOUSE. 3tl43 Mr. WRIGHT. The Committee on Claims, to whom was referred The bill was reported to the Senat~ without amendment, ordered a petition of citizens of Oregon, praying for the passage o~ an act for to be engrossed for a third reading, read the third time, and passed. tho relief of Mrs. Minerva Shipley and .Miss Nancy Spaulding, daugh- RECEIVERS OF NATIONAL BANKS. ters of Daniel Spaulding, who served, as is alleged, in the war of 18l:t, Mr. SHERMAN. There is on the Calendar House bill No. 2441 accompanied also by a petition of the heirs themselves, askiug that a authorizin(J' the appoil!tment of receivers of national banks, and for special act be passed for the relief o~ such heirs ~d a sum.of money other pnqfoses, which I think would give riM to no discussion. I given to them in gross, and a.lso prayrng for a penswn, have mst.r ucted move to take the bi1l up at this timo. me to report them back and recommend that the committee be dis- Mr. EDMUNDS. There is such a subdued and meek air a.l l through charrred from the fm·ther cousiueration of the petitions so far as they the Senate, that I think we ought to have the reflection of our homes ask ;; special act for relief or a sum of money in gross, and that so far and boarding-houses, and I move that the Senate acljouru. as they relate to the claim for pension they be referred to the Com- Mr. SHERMAN. I hope not. If the Senator objects to the bill when mittee on Pensions. it is read, I will consent to its going over. The report was agreed to. Mr. EDMUNDS. I do not move to adjourn on account of my objec- Mr. WRIGHT, from the Committee on Claims, to whom was referred tion to the bill by any means. the netition of Mrs. Hannah W at.ers, of Horn Islanu, Mississippi Sound, Mr. SHERMAN. I think we mjght as well stay here an hour longer, praying for compensa~ion for certain beef-catf.le and swine .taken from at any rate. I would not hn.ve any bill passed with a meager Senate be1· during the rebellion for th~ use of the Arm~ of th~ Umte~ States, that anybody objected to. asked to be discharged from 1ts further cons1derat10n ; which was The PRESIDENT pro tempore. Does the Senator from Vermont agreed to. withdraw l1is mot.ion! He also 1 from the Committee on the Jnilicial'y, to whom was re- Mr. EDMUNDS. No, sir. ferred the bill (S. No. 87) to repeal the last clause of the act entitled 'l.'he PRESIDENT pro tempore. The question is on the motion of "An act making appropriations for sundry civil expenses of the Gov- the Senator from Vermont tha.t the Senate adjourn. ernment for the fiscal year ending June 30, 1874, and for other pur- The motion wns agreed to-ayes 18, nays 13; and (at twelve o'clock poses," approved March 3, 1873, reported adversely thereon, and the and fifty minutes p. m.) the Senate adjonmed. bill was postponed indefirutely . .Mr. BOOTH, from the Committee on Pensions, to whom was re- ferred the bill (S. No. 724) granting an-eat'S of increase of pen~ion to }'rancis A. Liebschutz, reported adversely thereon, and the bill was postponed indt:\finitely. HOUSE OF REPRESENTATIVES. He also from the same committee, to whom was referred the bill (H. R. No: 1204) granting a pension to Henry H. ·wbarff, of Company FRIDAY, May 12, 1876. C, Eighteenth Regiment of Ohio Volunteers, reported it without The House met at twelve o'clock m. a ruendmeu t. The CLERK. The Spe..'tker of the House being absent, and the time BILLS INTRODUCED. for which a Speaker pro tempore was chosen for t.hc Honse having ex- Mr. MERRIMON (by request) asked, anll by unanimous consent ob- pired, the Clerk, in conformity with the rules and usages of the House, tained leave to introtluce a bill (S. No. 819) for the relief of Joseph now requests that the House will be in order w bile the Chaplain pro- W. Ire'land, of North Carolinn.; which was read twice by its title, re- ceeds with prayer. ferred to the Committee on Claims, and ordered to be printed. Pmyer by the Chaplain, Rev. I. L. TOWNSEND. Mr. BOUTWELL. At the request of one of the pa1·ties named in ELECTION OF A SPEA.KER PRO TEMPORE. the bill, I ask unanimous consent, without previous notice, to intro- duce a bill for t.be relief of James Tebanlt and others, to be referred 'l.'he CLERK. The House is now in session, a.nd, if there be no objec- to the Committee on Claims. tion, it will be held that the first business in order is the election of By unanimous conseut, leave was granted to introduce a bill (S. No. a Speaker pro tempore. 820) for the relief of James Tebault and others; wllich was read twice .Mr. MORRISON. I offer the following resolution, and ask its adop- by its title, referred to the Committee on Claims, and ordered to be tion: printed. Resol1Jed, That Hon. SAMUEL S. Cox, a Representative from the State o£ New be, and he is het·cby, appointed Spe~~oker pro tetnpore during tho preaont tem- Mr. DORSEY asked, and by un~nimous consent obtained, leave to York, porary absence of the Speaker. introduce a bill (S. No. 821) authorizing the sale and disposition of the The resolution was unanimously agreed to; and Mr. Cox a-ssumed Hot Springs 1·eservation, in the State of Arkansasz and for other pur- chair aa Speaker pro tempm·e. poses; which was read twice by its title, referrea to the Committee the The journal of Tuesday last was read and approved. on Public Lands, and ordered to be printed. Mr. HOLMAN. I submit the following resolution in regard to the Mr. WRIGHT (by request) asked, and by nnanimous consont ob- tn.ined, leave to introduce a, bill (S. No. 822) for the relief of Samuel orgauization of the Honse: A. Wilkins; which was read twice by its title, aucl, wit.h the pa;pers that Resol·ved, That the Clerk of the House inform the President of the United States Ron. SAMUELS. Cox, one of the R~presentatives from the :state of New York, relating to the case on the files of the Senate, referred to the Com- has boon appointed Speaker pro tempure during the present temporary absence of mittee on Claims, and orde1·ed to be printed. · the Speaker. PAPERS WITHDRAWN AND REFERRED. 'l.'he I'esolntion was agreed to. On motion of Mr. CONOVER it was Mr. RANDALL. I offer the following resolution : Ordered, That Mrs. E. Call Long have permission to withdraw her petition and Resolved, That the Clerk bo directed to inform the Senate that the House of Rep. papers from the files of the Senate. rcsentatives has appointed Ron. SAMUEL S. Cox, a l'tepresentative in t.bo llouse from the State of New York, as Speaker pro tempore during the preaent ausence of On motion of Mr. McCREERY it was tho Spe.'\ker. Ordered, That the petition and papers of Lena. Bensinger be withdrawn from the The resolution was agreed to. files of the Senate and referred to the Committee on Cla.ims. POST·OFFICE APPROPRIATION BILL. .Al\1END1\IENT TO .ArPROPRIATIO~ BILL. 111r. HOLMAN. I move that the Honse resolve itself into Commit- Mr. DORSEY submitted an amendment iutended to be proposed by tee of the Whole on the state of the Union for the further considera- him to the bill (H. R. No. 2571) making appropriations for t·he legis- tion of the post-office appropriation bill. lative, executive, ann judicial expenses of the Government for the The motion was agreed to. year ending June 30: 1877, and for othtlr pnrpo!!es; which was referred The House accordingly resolved itself into Committee of the Whole, to the Committee on Appropriations, and oruered to bo pl'inted. (Mr. SPRINGER in the chair,) and resumed the consideration of the bill ANGELINE LOGAN. (H. R. No. 3263) ·making appropriations for the se1·vice of the Post- Mr. WRIGHT. If there be no resolutions, I ask the Senate to pro- Office Department for the .fiscal year ending June 30, 1877, and for ceed to the consideration of a little bill. After I state the circum- other purposes. stances I do not think there will be any objection to it. This bill The CH.A.IRM:AN. The penxtended as rapidly as is consistent wit.h a. liberal public profit because the one cent extm does not pa.y the increased cost, bnt policy of enlarge.ment of po ·tal facilities. thousands upon thonsands of letters are written at three cents simply I wish to say here in respect to every proposition of this bill which because it is known that they will be delivered under the free-carrier operates to curtail the privileges and facilities now enjo,rccl by the system. people, and which stands in the way of the extension of those same [Here the 'hammer fell.] pl'ivileges more broadly, that I am opposed to each and all. I doubt..Mr. REAGAN. In the discussion upon this question a few days sir, if this particular feature is a measure of retrenchment. Iu the ago, the gentleman from Indiana [.Mr. HoLMAN] in expressing some views met ~L response from me, and a recurrence to that question ma.y instance of the city of my residence I am very .snre it wonld not work economy in any consillerable degree. The public expenditures in the not be out of place at this time. The idea he then expressed was that maintenance of suitable postal facilities would be more by the sub- the postal service ought to pay its own way, anrl that the people of stitution of the distribution at the post-office for present system of the whole country sbouhl not pay for the extra facilities which a por- delivery by carriers. The withdrawal of t.he carriers involv~s larger tion of the country receive ' expenditures for clerical service within the post-office. It. involves My friend from Illinois [Mr. HA"ARISON] bas just said that this free more extensive post-office accommodations. It would involve in this deli very confers benefits upon the people, aud t.bat, as those benefits instance the establishment of a branch office in a remote portion of have been conferred upon them, we ought no'-· to ta.ke tJ1em away, the city. .And wheu you come to strik..., the balance between what and. he expressed the hope that democrat.s would not vote to do HO. yon s:tve and what you lose, the balance, in my judgment, would fall Now, sir, that sort of democracy that I have been taught is that the on the side. of loss. At any mte it is not a retrenchment which aGoYerument was inst.i tuted for t.he )Jenefit of all alike at the expense frugal popular sentiment asks for. We shou]d promote and not lop of all alike; t.bat democratid government is not. for the purpose of off the advauta.gf's of postal communication between dilferent com- conferring exclusive privileges on any one portion of the people at munities or within the several localities. And since this proposition the expense of others; and that brings the question directly up. If of the bill contemplates the taking away of existing facilities and pre- there a.re democrats here who do not believe that this Govemment is venting their extension in due course, I am opposed to it altogether, for the common benefit and to be administered at. the equal and com- and hope t.be entire proviso will be stricken oqt. mon e~nso, if there are those here who believe that each citizen Mr. HARRISON roe. should be taxed according to the Lenefit he receives or t.be amount of The CHAIRMAN. Debate on the pending amendment. is exhausted. protection he receives, he can manifest it by his vote on this amenllmen t.. Mr. HALE. I withdraw the amendmeut of the gentleman from I have not examinetl this subject as the Committee on .Appropria- New Jersey if the gentlem~m from Illinois will renew it. tions ha.ve, but if there could be a. postage imposed to meet the ex- .Mr. HARRISON. I renew the amendment. penses of the free·delivery syst.emJ that would be right. It is Mr. Chairman, as one of the Representatives of a city which this nne of the Hous~ in reference thereto. 41,745, makillg a reduction on the expenditures of last year for steam- Mr. HOLMAN. The question raised in Committee of the Whole boat and star-route servico of a little rising 19,000. This bas resulted having now been reported, bein~ upon an appeal from the decision from more favorable contracts which were made last year and during of t.he Chairman, I move to lay that appeal on tho table. this year up to the present time for transportation of mails for these Mr. HOAR. I raise the point of order that the question has not two modes of service. been stated. . I wish to call the attention of the committee t.o the fact that the The SPEAKER pro tempore. The Chair was abontio state it. Second Assistant Postmaster-General in his report to the Postma-ster- Mr. HOAR. The Chairman of the Committee of the Whole, as was General for the la-st fiscal year presents this st.ate of things, that there his right, _authorized the gentleman from Ohio to state his point to was an increase in the number of mi1es of postal service for t.hc last the House as part of the report of the Committee of the Whole ; anve in Mr. REAGAN. I regret that I could not get in any of my other the West and Southwest an increase of many thousanll post-offices statements. anu post-routes every year. The committee propose to cripple t.his Mr. DANFORD. In my judgment, Mr. Chairman, the House or the branch of tue service, which furnishes the rapi.dly-developing parts commit,tee in a.ttempting to proceed upon a principle that shnll runke of the country necessary postal service. the pus tal service of this country self-sustaining is at fault. Wetihould 3052 CONGRESSIONAL RECORD-HOUSE. MA.Y 12, carefully avoid extravagance, carefully avoid everything that will I amount for transportation only about 40,000 lesa than he proposes lead to abuse in the postal system, aud yet we should have in view, by his amendment. I believe his amendment proposes to jucrca ·e so far as the po tal service is concern eel, the facilities of the mail serv- the amount to 16,000,000. I desired to call his attention to tllat par- ice to every part of the country, and we shonld take into account and ticnlar fact. calcnlat.ion the sentiment of tho people iu relation to that service and I wisll to state another thing in regard to the very extraor- its extent and we should then be willing to pay for it. dioary figures which he has so frequently presented concerning the Let us examine for a moment what this idea of a self-sustaining railroad service, which he says will amount in some instances under Post-Office Department leads to. It is impossible to ma.ke the service this bill to ov~r $1,000 a mile. He instanced the route from Nf:\w self-sustaining in the State of Texas or in many of the States of the York to Chicago. I undertake to say that the gentlema.n has not as South and West, and I desire to call the attention of the committee to yet satisfied me, nor do I think he has satisfied this House, that his a. fact in that connection. During the war, perhaps jn 1'64 or 1865, proposition is correct. But suppose it were true with reference to when the South was mainly cnt off from the postal service, the Depart- that particular road-the main trunk roa(l; it would not be true with mentwasseli-snstaining. Thatmaybeaccounted for by the number regard to all the other roads in the country. That road is the main of persons who were ju the Army and the increased correspondence carrying line; and if the proposition be true with regaru to it, it is 1·esulting therefrom. To a very great extent it was because of the not true with regard to any other road. At least be has failetl to cntti ug off of mail facilities for the South, a,nd we cannot. have a postal make a satisfactory exhibit of the figures demonstrating that result. service that is ·self-sustaining unless we put upon tho Eaat the bur- The reason of the high rate of transportation upon that main trunk den of sustaining the service in tlle South aud West. line is found in the immense coueentration of mail matter upon it; Take the great cit.ies of Bllston, New York, an(l Philadelphia in the aud that the rate should be hlgher is therefore but to be expected. Ea t and the great cities in tho West. Uncloubt-euly they pay more 'fhe gentleman from Ohio has saiu that the Committee on Appro- by far of the general revenues of the Post-Office Department than the priations desire to make this a paying service. Sir, I suppose it is cost of their free-deli very system and all their other mail expenses true that ever.v member of tile committee and every gentleman of the together. The excess goes into the general revenues of the Post.-Office Hou·se would be glad to flo this; but I do not suppose there is any Department and swells the receipts of the Department. I believe man here who expects to clo it. It has not been a paying servic~ sinco that t.he true principle for this Committee of the Whole to act upon the war. Many years will elapse before it can be ma.de so. I, for one, is to see that tllere are no abuses in carrying the mails, to seo tha-t would not cnt down the transportation of the mails a single dollar bc- tlley are carried with facility and deliverecl witli certaint.y, and then t.o ]ow what I believe to be right and essential to an efficient service. pay for that service at fair an(l remnnerative prices, without regard to It is. upon that basis that the Committee on Appropriation ha\e based whether the whole postal system issclf-~nstainiug or not. The amend- their calcn httions-looking to the efficiency of the postal service, at ment offered by the gentleman from Indiana, [Mr. HOLl\IAN,] perhaps the same time having duo regard to economy. renewed hy the gentleman from Texas, [Mr. REAGAN,] in my opinion Now, we ought to take something into account for the saving in is objectionable. I :find this remarkablo fact in connection with the the letting of contracts. The contmcts have been let recently at poRtal service last year, and the a.ttention of the Committee of the much lower rates than formerly. This is a. fact that ought to be Whole was called to it by the gentleman from Indiana [Mr. HoL- considered by the Committee of the Whole, and it is av ry important MAN] in his general remarks upon this bill, that while the cost of fact. I have no doubt that under the administration of Postmaster- the railroad and steamboa.t service waa increased the cost of the General Jewell the contracts for mail carrying ha.ve been le-t at far sta1· services was decreased. Bnt I appeal to all my colleagues on lower rates, and more fairly to the Government, than they have this floor who 1·epresent rural districts to state what was the canso before been since the war. For one, differing in political sentiment of tha,t decrease. It was because we could not get the proper amount with .Mr. Jewell, I am free to sa.y that I believe he has an honest of service. desire to administer his office as economically as the nature of the I have repeatedly gone to the Post-Office Department for the pur- case will permit. It is reasonable to Huppose that the recent lettinJ.{s pose of getting an increase of mail service on particular routes; to will save to the Government a considerable amount, a.nd this ouglit get tlle mail carried six times a week instead of three times, or three to be crcclited to t.he transportation service. times a week instead of once a week, and I was told that there was Mr. FOSTER. I would like to ask the gentleman a question. I no money for t.he purpose. I suppose there is scarcely a member upon undertand him to say that he favors tt.e amendment offered uy the this floor who bas not received the same answer from the Department. committee fixing the amount for transportation other than by rail- In this bill is comtemplated an adjustment of the compensation to roads at $6,2:17,000. railroads npon a differeut system from tha.t iu vogue at present. It Mr. A.TKJNS. I believe that is sufficient. is not safe to say that we will appropriate a specified sum for this Mr. FOSTER. I understand the gentleman to sayfnrtherthat the service and that we will stop the service when that specific sum baa contracts for this transportation to which the $,3,237,000 applies have been exhausted. I believe we should p"ut in the hands of the Post- ueen made at less rates than heretofore. master-General all he asks for in his estimates. It will be conceded .Mr. ATKL~S. I uuderstand so. by all parties, I have no doubt., at least by a1l who have bad anything Mr.l!~OSTER. Yet, Mr. Chairman, the amount proposed for this to do with t.hat official, that be is honestly and eamest.ly attempting service is greater than the cost of inland transportation of this char- to carry on his Department honestly and fairly and in tho interest of acter last year. I wish to inqniro of the gentleman why it is propo ed economy. I do not think he shonlfl be crippled by the Honse divid- t.o appt·opriate in this bill a b'Teater sum than tho actua.l cost last year iog np the appropriation for mail h'ausportation, and saying that ho of this tra.nsporta.tion npon other than railroa.tl rolltes f shall use only so much of it forone branch of thesenice and so much Mr. ATKINS. The number of routes of the star service has been for another branch. I be~ieve that it will be true economy and in tho increased, and we have enlarged the amount of that service $100,000 interest of the service to give the Postmaater-General wbat he u.sks above what it was last year. for carrsing on the postal service of the country, in the full belief Mr. FOSTER. llut the gentleman says that the contracts have that if it is not all needed for that service it will not be all expended. been let at. lower rates . .Mr. DUNNELL. I move to amend the amendment by striJ-ing out Mr. REAGAN. My friend from Tennessee [.Mr. ATKINS] bas called "$6,237,851" and insertinO' ''$6,737,851." In the few remarks I made my attention to the fact that the statement which I 1·ea•l from tho to the Committee of the Whole in tbe general debate npon this uill I report of tho Sccontl Assistant Postmast.e r-General of April 25, show- directed my attention to this item of inland transportation. ing that the mail facilities for the year ending June 30, 1'.:l76, wonJd Mr. REAGAN. If the gentleman will allow me, I wish to call bis cost $1G,103,000, embraced three ite·ms a,ggregu.t.ing $o,lJ,OOO which attention to the fact that that item embraces not only tho a ppropria- he cl:.tirns do not belong to that estimate at all. Now, ruy friend as tion for the star service but also the steamboat service, which amounts a member of the Committee on Appropriations must have examined to $800,000 more. all this matter. If he had loukcd over this statement carefnlly, ho The CHAIRMAN. The amendment of the gentleman from Minne- woultl have seen that after stating as far as possible the cost, the sota [Mr. DuNNELL] is not now in order, except as an amendment to following language occurs: · the substitute of the gentleman from Texas, [Mr. REAGAN.] This statement does not include the cost of railroad service on ioutee whereon Mr. DUNNELL. I offer my amendment to the amendment of tho the compensation has not yet been adjusted uucler the provi3ions of the act of Committee on Appropriations. March 3, 1873, nor the increas'3 in pay of railroads whose compensation ha.s hccn The CH.AIRMAN. There is already, pendinrr. an amendment to that adjusted on wcigllts tal;:cn during the present fiscal year. and not yet paitl, nor the " cost of new railroad service ordered during the cruT6nt fiscal year not yet paid. amendment, offered by the gentleman from Kansas, [Mr. PIDLLIPS] The question is now upon the amendment to the amendment. It will be seen that these three items are embraced in the calcula- .Mr. ATKINS. Is debate exhausted on the pending amendments f tion and constitute a. part of the aggregate. It is not nece· ury for The CHAIRMAN. It is. me to state to my friend, who has looked over this report, that it Mr. ATKINS. Would it be in order to movo to strike out the 1ast was necessary to include these items in order to aiTive at the cost of word pl'o forma '1 tho service fer thi.s vear. The CHAIRMAN. It would be in order to move to strike out the Tho gentleman from Tennessee has doubted the correctness of the last word of the substitute, but not of the amendment. fignrt>s which I gave with regard to the mail-route from New York Mr. ATKINS. I make that motion for the purpose of saying a to Chicago, and has said that even if my statement is true with · word in reply to the gentleman from Texas, [l\Jr. RJ~ AGAN.] He read regard to tllat route, it is the ouly oue to which the statement. is ap- from the estimn.t.es of the Second Assistant Postma~tor-Geuera,l that plicable. Wby, sir, I can tell the gentleman what I supposed he us the amonnt for transporta.tion was $16,103,000. I wish to call his at- a member of the Committee on Appropriations had already loarued, tention to the fact that in that estimate is au item iu the natme of that, according to the statement of the superintendent of rn.ilway deficiencies of $816,717.56, whlch if deducted will leave the whole mail service, Mr. Vail, it takes twenty lint1ar feet more for tho mails 1R76. CONGRESSIONAL RECORD-SENATE. 3053 between New York ancl Philadelphia. than for those between New is that it should not be limited, but that it should be left to the dis- York and Chica~o, thus largely increasing tho price per mile. Hence cretion of the Postmaster-Gene1·al. I would like to call the atten- my remark apphes as well to the Pennsylvania Central, and possibly tion of the chairma11 of the committee to a single fact, tha,t the Post- other roads, as to the line between New York and Chicago. While master-General in his estimate says it will take $10,500,000 to pay for the gentleman may now believe that my calculation is not correct, the transportation of the mails by railroad service aud it wi11 take yet I am confident t.hat at the next session he will find it to he well $4,659,000 to pay for inland service besides that of railroad transporta- fonnded. As I observed a while ago, I do uot want the Committee of tion. Now I wish to ask the gentleman, if this amount was limited the Whole to act in ignorance of the fact that if the original .bill for the transportation of the mails by railroad, whether that will or not passes we shall increase the pay of the railroads to $1,000 a mile. cripple the railroad service? If that shouJd be so, I would like to Mr. ATKINS. Why, then, cloes not the gentleman propose tore- ask tho gentleman from ll1inois whether the sa.me objection canuot (}uce the rate of compensation below five and six mills t he made so far as the inland service is concerned f Mr. REAGAN. I have not the control of this bill. I do not pro- I indorse every word which was said by the ~entlemau from Ohio pose to ch:mge the system; but I propose in thf' amendment which I [Mr. DANFORD] in regard to the increase of mail facilities. I repre- offer to say tnat the compensation shall not exceed so m:my mills per sent a rural district, flml many of my people do not get a mail hut mile, as the Postma~ter-General may direct. My amendment does uot once a week. Many have to go twenty-five miles to get a. letter. I propose to pa.y so many mills absolutely, but to fuca maximum so myself have bot three mails a week from the railroad to the town in that no railroad shall be allowed ruore than $450 a mile per annum. which I live, and when I asked the Postmaster-General for an increase Atlopting an intelligent basis, I propose to allow au incr<'ase of $75 of service, so I might got a mail a day, I was answered by the Post- per mile per annum over the highest price that was ever paid for mail master-General that there was no appropriation for it. If I ask him service prior to the passa(J'e of the act of Marrh 3, 1873. to put service on a new mail route in some other part of my district, I have not done it for the purpose of leaving it in the <.liscretion of the answer always is" we have no appropriation." If I ask him to the Postmaster-General to compensate railroads according to the increase the salary of a postmaster who gets only $12 a year to $30, nnture and extent of the service performed within the maximnm of $50, or $100, such a sum as would be commensurate with the duties $450 per mile per annum. This will make it reasonable. It ought to he performs, the avariab1e reply is "there is no appropriation." cn,rry a11y service. It ought to carry as costly a service as my friend Now, it seems to me that we are to hamper the Postmaster-General from Illinois can want. The Postmaster-General received as quick still further by this stingy process. It seems to me th:tt we are going service before t.he passage of the act of .Ma.rch 3, 1873, as he receives to cripple t.he service :tml to promote ignorance throughout the coun- tt1-da.y and llo received it for $375 a mile. I propose to give $75 more. try; and since that sido of the House say that they do not intend to [Bere tl1e harnmei' fell.] give every man in this country a chance to receive at least one letter Mr. HARRISON rose. a week or to put it within his reach, they proclaim to the country The CHAIRMAN. Debate is exhausted. that they prefer darkness rather than light. • Mr. HARRISON. I move to strike ont the proviso. Mr. Chairman, it does seem to me that every man in this country My reason for doing that, Mr. Chairman, is this: It seems to be a has a right t.o ask this House to appropriate enough money to bring universal habit in tbis House f'Jr both sides to applaud our distin- his mail at least within five or six miles of his home. The amount gnished Postmaster-General. Both sides of the House seem to vie appropriated by this bill will not do it. The chairman of the Com- with each other in declaring their perfect confidence in the distin- mittee on Appropriations himself admits that there are but three of guished gentleman who occupies the position of Postmaster-General. these large cities that pay any revenue for the carrier system. Now, Y ct ge!ltlemen come here and say you may pay the railroad so much I ask him, if there are but three large cities in the Union whore the " provided." Why do t.hey not trust to tho Postmaster-General, aml carrier system pays any revenue to the Government, can it be expected let him make the best bargain he can f Does the gentleman from that the rural districts wi11 pay any revenue to the Governmentf Texas pretend to understand so well the service that he can come here I think there is bot one reasonable view of this whole question, and mul say that more than a. certain amount shall not be given T Does that is to compel the Postmaster-General to bring mail facilities be know more than a. certain amount will not be earned f If the within the reach of every man in this country, at least within four or Postmaster-General is .an honest man, and we all proclaim him such, five miles of his home, let it cost what it will, and that this House then say to him "you shall have so much money; you shall conduct shall ma.ko appropriations sufficient for this purpose. the transportation of tho mails in the most economical manner, but I would remark in conclusion that no man on this side of the House we ,,.ill not say you shall not give to this or that line more or less." will say that I am aiming to run this Government into excessive ex- If the line, for example, from New York to Chicago, which carries so travagance. I believe I have voted for every economical proposition vast a tonna-ge of mail matter, running three or four immense mail cars, that has been submitted. But I think this is going to an unreason- beside the mail carried on other lines-if that railroad shall not receive able extreme. If we agree to this we are saving money at the ex- over four hnnured and odd dollars a mile, what would become of the peuse of promoting ignorance ; and to spread ignorance abroad over mail which has to go over that route f Will he send it some other the land is worse tban to spend money to promote intelligence. way f Is it in the interest of some other railroad f The CHAIRMAN. Debate on the amendment is exhaust.efl. The My impression is that the most economical plan is to let the Post- question is on the amendment of the gentleman from Kansas [Mr. master-General ma.ke the most economical terms he can with what- PmLLIPS] to the amendment of the gentleman from In<.liaua, [Mr. ever railroad he may. We will get a cheap service then, but we will HOLl\fA....V.] Tho Clerk will report the amendment ofiereu by the gen- not get a cheap service if the gentleman's plan comes in to hamper tleman from Kansas. the actions of the Postmaster-General. My own impression is that The Clerk read a.s follows : between New York anss than the estimate of the Post-Office Department. tleman from Illinois bas just made to the amendment of the gentle- I insisted the other duy, as I now insist, that the pas uge of the man from Texas will apply with equal force to the whole bill. The l>Hl with so large a reduction for inland transportation will work gcutleman from Texas, as I understand his amendment, proposes disastronsly in all the remote portions of t.h e country. I endeavored that tbe pny for railroad tr:msporta.t.wn of mails shall he so many to stu.te how it would afl'ect the State which in part I have the honor millions of uullars. The crit.icism waoo by tht> goutleruan from Illinois to repre cnt. 3054 CONGRESSIONAL RECORD-HOUSE. MAY 12, I voted for the amendment of the gentleman from Kansas, [Mr. the great shrinkage of valueR, they will leave important factors out Pnn.LIPs,] preferring that amendment to mine. Bnt if the amend- of the account. Why, certainly gentlemen can see when they look ment of t he committee is to be a-dopted, I do claim t lJat t he item pro- over the increase of inland transportation that it is largely there ·ult vhled for the star service should be increased to the amoun t indicated of the hopeless demoralizn.tion of that branch of our service; but by my amendment. The gentleman from K:msas tell us tha t t he the connh'Y is reco verin~ from it, and the extraordinary increa e from Post-Office Department has insisted that at leust 12,000 po t-offices $9,000,000 up to Hi,0001000 or $17,000,000 must naturally recoil again mn ·t bo discontinued if the present amount be appropriated. \Ve under an honest administration of that Department. Now, to avoid ]mow very well that in addition to the increase of some eight thou- any possibility of doing injnstice to this branch of the service we sand mails in the last session of the last Congress, there has been an add $100,000 to the amount expended last year; we therefore not increase during the present Congress of some seven or eight t.hou and only have the advantage in the increased amount available for new miles, and another large route bill is being prepared which wi11 also in- routes organized and of t-h e more honest administration of the De- creasethe amount of land transportation. There have been within the partment, but we also add $100,000 for the enlargement of that branch past weeksomefonr hundred newpost-offices~tablished, and the num- of the public service. I am glad, therefore, sir, that thi singleqnes- ber is continua.Uy increasing. And yet in the face of this fact that the tion of the mral routes, star routes, and steamboat routes stands sep- gentleman from Indiana cannot deny, we are asked to appropriate arate and by itself, so that we shall have the full benefit of a more only about $100,000 more than we appropriated for the- year ending thorough itemizing of the appropriation .than has heretofore been June 30, 1875; and the estimates are not brought down to the pres- done in the estimates. Mr. Chairman, I trust that the House will ent time. It will t.a ke at least a half million more of money to pro- now consent to vote on the subject. vide for this branch of the service to which my ::tmendment applies The amendment was withdrawn. tbn,n bas been appropriated heretofore. The increa~e in this iilland Mr. GARFIELD. I renew the amendment. I desir , Mr. Chair- transportat.ion as a whole comes almost wholly in this branch of the man, to call tho a.ttention of the Committee of tho Whole to the con- service. The amonnt of railroad increase is far less than that of the dition in which we are placed. Hitherto the appropriation bas been land caiTiage by all other means of transportation. made in lump for the cost of the transportation of the mails. The Now I will confess to the gentleman from Indiana that I sball be appropriations have in fact been distributed to three great branches, satisfied with his amendment if it be amended a-s I h:tve indicated; railway transportation, steamboat transportation, and the star trans- but I had understood him to say in his remarks the other day that port.ation; that is, the transportation on horse-back and in stage- that part of the bill which p1:ovides for. railroad transportn.t.ion was coaches. The aggregate mileage per annum upon railroads was in hn.rmony with t.he recommendation of the Post-Office Department. 75,000,000 miles; upon steamboats it was about 4,000,000 miles; and I understand to-day thn,t the Post-Office Departmeu t is 11ot in bar~ by the sta.r routes about 55,000,000 miles. Thus 40 per cent. of all mony with the committee as to t.he mode of the computation, aud that our mails· in this country are carrie(l by the star service. The cost tho Department will be as dissatisfied with this branch of the bill as per mile last year was: for the steambon,t service, 17-! cents; for tho with any otLer; but if this amendment of the gentleman from In- railroad service, 12-! cents; and for the star service, 9.97-not qnite (lian~ [Mr. HOLl\IAN] is to pass, then it will enable the Depart.ment; to 10 cents per mile--making the star service the cheapest of all. tren,t the great rural districts of the South and West far better than It so happens that the railroad service is an inevitable thing in this it could do under the bill as it was originally reported, and I hope the country, a service which we must have. Nobody proposes to take the n,mendment will be adopted. mails a way from the railroads, nor does any bo1ly propose to take them Mr. HOLMAN. Do I understand the gentleman from Minnesota to away from the steamboats. If there be any deficit whatever it must say that the Post-Office Department is opposed to the method of com- fall on the star service. Now what is that star service Y Last ycm' it pemmting railroad companies f amounted to 55,000,000 miles of travel, cro ing our country in every Mr. DUNNELL. I was perhaps unfortunate in the use of a word; direction, going into the agricultural and miniug district , even into I should have said "mte" instea-d of "method." the wilderness, away from all the great thoroughfares. In tho ·e sec- Mr. HOLMAN. That is true; the Post-Office Department wanted tions of the country the people depend wholly upon this the cheapest a higher rate; they propose a rate of from 6t mills to 9 mills per of onr services, the star service. If t.here be anywhere any crippling linear root of car space_, and the bill as it stands provides for only G it must fall upon the star routes. It cost us last year $17,500,000 for to 7 mills. But the Department was entirely in harmony with tho transporting the mails, not including tho other charges. Of that sum Committee on Appropriations as to basing compens::ttion npon sp:we about $9,250,000 went to the railroads, $750,000 to the steamboat.s, aud ntther than weight. I understand that the amendment of the gentle- 5,500,000 to t.be star service. man from l\finnesota is now the pellle at country, and the gentleman will see that the appropriation of 6,800,- this time and in advance to determine ju t how this appropriation 000 is snfficient ; but then we have additional data, the report made should be distributed. The railroad postal service is growing rapidly to the House on the 26th day of April, from which it appeal'S that each year. The sten,mboat service is not growing, rather falling off even with this increase in the number of miles of postal service per- in mileage. Tlle star service ought to grow perpotua1ly, nutil fhe formell, and on account of the more honest administration of . the whole country shall become as thickly settled as are t-he New En- Post-Office Department, there is an actual reduction in the expendi- gland States. If you proceed by the rule of la t year alone, yon will tures of the star service for the present year of -11,745. Wlly~ Mr. be quite sure to go wrong. I am therefore inclined to think that a. Chairman. the gent]eman seems to lose sight entirely of the fact that lump sum for mail transportation, larger than the committee bas re- this shrinkage of value that is going on in this country in the heavy ported in this bill, larger by about $1,000 000, will sa\e ou transpor- reduction of the circulating medium is aflecting thil) DepartmeQt as tation o.f t.be mails, the star service and all. If you put it below it has affected every other Department of the Government. And if that, the country districts must inevitably suffer and have their short the House makes this appropriation without taking into cousidera.tion routes cut off. the more honorable ailininistmtion of the Post-Office Department and [Here the hammer fell.l "1876. CONGRESSIONAL RECORD-HOURE. :1055 }.lr. HOLMAN. We are now considering only the ruraJ service, ber of rural lines. But my friend must !!t::-tice another fact, that eYen the star service and t.he steamboat service alone, for the amendment last December the Postmaster-General put the expense for this year applies to them exclusively. at $16,471,000, while by tho report which came in afterthree-quadcrs Mr. GARFillLD. I was speaking of the bill a-s printed. of the year had gone by, furniebing good data upon which to calcu- Mr. HOLMAN. We propose to apr1ropriate so much for the star lato the fourth quart.er, it was found that the expenses for the cur- service and the steamboat service in the aggregate, because the one rent year will be about $16,103,000, over $360,000 less thnn the csti- is diminishing and the other increasing, and we want the star service mate of last December, this difference resulting from tho fact to to have the benefit of the reduction in the steamboat service. which attention has been called-a more efficient administ.rat-ion of Mr. ATKINS. The amount for the star service last year wa-s the Post-Office Department and the making of more advantageous $5,55:~, 51 and for the steamboat only $684,000. contracts for the Government. Mr. GARFIELD. I qnoted those fignres. :Mr. PAGE rose. Mr. SCHLEICHER. The only objection I see to the amendment Mr. HOL IAN. I ask unanimous consent that after the gentleman proposed by the gentleman from Minnesota [:Mr. Dum.~LL] is that it from California [Mr. PAGE] is heard, debate on the pending amend- does not propose a sum high enongh. It has ueen characterized as ment be closed. exorbitant, but I expect to show very conclusively that it is not ex- There being no objection, it was ordered accordingly. orbitaut; that a reasonable figure for that servico will come fully up Mr. PAGE. Mr. Chairman, I have listened attentively to the very to $7,000,000. lucid explanations made upon this subject by the gentleman who bas It has been said again and again by gentlemen that last y~ar the charge of this bill; but 1 fear he has made a mistake in basing the total allowance for the star service and the steamboat service was estimate for the star service for the next fiscal year upon the amount $6,137,S51. The gentleman from Indiana [Mr. HOLMA...~] says that for expended for the same service during the last fiscal year. this year the expenditure will be about $41,000 less, aucl that was only ·Under the contracts entered upon in lSi 4 it is very well known by making cheaper and better contracts. It is wiLhin my own knowl- there were hundreds of straw bids, that contractors entered upon the edge, and within the knowledge of a great many gentlemen here, that service for less than one-fourth the amount Government is to-tlay that was not the only moue of reducing the expenditures. There- paying for the same service. They were rnn nuder straw bids for six duction was made by act.ual reduction of service on rontes where the or seven months during the year to which the gentleman bas so fre- Rervice was l1l'eded, by reducing the service to weekly and semi- quently referred. It is well known there was a savina under the bitls weekly trips; aud in consequence of that reduction complaints have of the year 18t4 of between six and seven hundred thousand dollars come from every quarter of the western and southern country. That for the same service over the previous four years. In every instance was au exceptional saving, a saving that cannot be renewed. If they were compelled and the Post-Office Department has been com- the gentleman says that it will keep pace wit.h tlte general rednc- pelled to pay in many cases the amount that was paid under the old tion of expenditures that we bave made, I will eonviuce him in a few contract; and if he bases his estimate on the amouut paid for carry- words that he is mistaken; for, while tho amount of the star service, ing this star service from t.he 1st of July, 1874, to the 1st of July, 1.875, $G.l~,&~l, was, according to his statement, reduced lnst year by he will find that he hafl, in my judgment, made a mistake, and there $41,000, there was an increase of ·1,000,000 in the total expense of the will be a large deficiency to carry these mails on the same routes on service. Tl1e aggregate e}.l>enditure la-st year waa "15,:300,000, this the amount the Post-Office Department is now paying. yea.r it will be $16,200,000-an increase of 7 per cent. in the total ex- The CHAIRMAN. Debate on the pending amendment is ex- peuditure, although in the one item of star service there was a de- hausted. crease. This seems to have been in accorclance mth tho old rule of The question recurred on Mr. Dm'l\"'ELL's amendment to the amend- taking from the poor and giving to the rich. While service wa-s with- ment. dmwn from routes on tho frontier, the lightning service was estab- The committee divided; and there were-ayes 96, noes 28. lisheu between the large cities. We were cloprived of mail service in So the amendment was adopted. order to furnish ·the means for this increased expenditure in localities Ur. HARRISON. I offered an amendment increasing the appro- already enjoying large mail facilities. priation $:~90,000 for railroad service. I take the pClsiti.on that the increase of 7 per cent. in the total ex- 'l'he CHAIRMAN·. The amendment was offered and withdrawn, pcnditure of la t year was a fair annual increase; and it is so stated anu not renewed. · in another portion of this report. Consequently if the star service Mr. FOSTER. Is not the amendment susceptible of further amend- had been treated with the sal1le fairness as other branches of the ment r sP-rvice, there would have been an increase of 7 per cent. in the ex- The CHAIRMAN. It is. penditnre for the star service, instead of a reduction of $41,000. Now Mr. FOSTER. Then I move to add $500,000 to the appropriation 1 propose that we shall not repeat the injustice which was done last for railroad service. . year; that we shall first add 7 per cent. to put the service upon the Mr. HARRISON. \Vhat became of my amendment increasing the proper footing for. the present year, and then add 7 per cent. for the appropriation $300,000 f year to come. It has been stated by the Second Assistant Pqstmas- The CHAIRMAN. It wa-s not renewed. ter-General that, according to experience, the annual increase of the Mr. FOSTER. I desire to state--it has not been contradictell here total service is about. 7 per cent. Now if to the actual expenditure and I believe the committee agree with rue-that the amount appro- for tlte star service laat year you add 7 per cent. for this year, and priated by the Committee on Appropriations, as shown by t be amend- then add 7 per ceut. for next year, the total amount requisite would ment of the gentleman from Indiana, [Mr. HOL1\1AN1 ] does in fact de- be $7,014,000. This is the amount that would be required if we stroy the fast-mail trains of the country. I propose an amendment place this service for tho present year upon an equality with aH other adding half a million dollars for the purpose of maintaining those fast- ln·anches of the service a,nd then allow n.n increase of 7 per cent. for mnil trains. tho next year. Now, ~lr. Chairman, if there is one thing which illustrates theBour- Bnt I will go one step farther. If 7 per cent. is the correct adcli- bon tendency of the democratic party it is this disposition to go hack, tion to be made to the aggregate annual expenditures for this service, to recede from the rate of progress made by the Postmaster-General I maintain that tho frontier States, which aro filling up more mpidly under the anspices of the republicn.n part.y. This proposition of the than other sections of the country, are entitled to more than the committee reduces the speed of the fast-mail trains of tlle country to average. Every gentleman who lJas consulted tlte statist-ics or lJas twenty-tive miles per hour or a little over twenty-five miles per hour. any general information as to tlle prop;1·ess of our country knows that That is the effect of it, andnu one denies it. I wish to know wheiher tb<: uow States increase in population mnch faster thau the others. g_entlemen are willing to take a step backward in the interest ot Still I ask only that they shall have their fair avera.g e of mail service. tlourbonism or not. · The effect of my amendment will be to continue [Here the hammer fell.] tho fast-mail service of the conn try. Mr. HOLMAN. The general statements and theories of the gentle- Mr. HAURISON. Gentleman seem to think the faat-mail-train man from Texas are of very little practical value in comparison with service applies only to the line running between Chicago :mel ~ew actual past results. Now, the gentleman must have seen that the York. Every single train throughout the country, e-very express Post.master.Gener~l iu his last report states that 8,77G miles inl(\ngth train in the United States running over thirty miles an hour bas of routes have been added to the service, and that there has been a attached to it a car for fast-mail service. It is well known if yon re- decrense of $48,688 in the cost of routes. Now, how the gentleman, duce the payment below 7 mills per linear foot of car space it will with this information before him, could indulge in his geueral state- take the mail car off every express train running in the Unit.e d States, ments p:.tsses my comprehension. . and it will force the mail car to go by accommodation t.rains instead Mr. THROCKMORTON. Does that report show or does the of by through express trains. You who live at remote distances, w bo gP-ntlcman know the number of routes discontinued, and the amount have a train once a week, it will go to you on the slow instead of the of decrea e in mail service T · fast train. I have information from the superintendent of the postal Mr. HOLMAN. I suppose there bas never been a year in our whole railro,'td mail service, Mr. Vail, and he had it from the able man in hi~:~tory when more or less lines have not been discontinued. For the position before JJim, Mr. Bangs, that at a compensation nnder 8 mills instance, the mail route by the Ohio H.iYer bas been discontinued per linear foot it wns _impossible to support a fast mai1. I do not wi thin the present month. mean only a fast-mail service from Chicago to New York, bnt a fat:~t- Mr. THROCKMORTON. I merely wish to know whether there mail service from here to Richmond, or fast..mail service over a single was any statement a13 to the discontinuance of service. line of raih'Oad which ruus at a spee(l of over thirty miles an honr. If Mr. H9L~fAN. No, sir; there is no statement of that; but the in- ~ we want afas b-mail service, we are informed from tbe best n.ntbority crr aso in the amount of service is stated at 8,77G miles. This resnlts we mut:~t pay at least 8 mills per linenr foot of car sp::~co. To carry in part, ns my friend from Pennsyiv::mi:\ lwssnggest.cd. from tile fact tbat 1hrough, it will require, I am informed from the Post-Office Do- tlutt tllo increase of our rn.ilroad ~:>ystom rednces uecessarily tlte unm- part.mcut:, the appropriation which I have proposed; that is, au aut only to state the point of order. occasion for considerin~ them in fixing this rate. I believe'it to be Mr. HOLMAN. My point of onler is that the amendment is not adequate. I believe it 1s the rate which ought to be fixed. In view germane to the bill; that it changes existing law and is not a measure of the $500,000 added upon the motion of the gentleman from Minne- of retrenchment. sota, I have no doubt that the sum now embraced in this bill is ade- Mr. MILLS. I withdraw the proposition. quate to keep up the fast line. The idea that 390,000 more should Mr. WHITE. I move to insert after the word "dollars," in line 54 : b~ given to the railroads seems to me outrageous; to my mind it is Provided, No more th:m one-half of this amount shlill be paid for railroad trans- nothing more than a gratuity. I hope, therefore, that it will be voted portation. . down. This may be Bourbonism, but it is honesty in dealing with The CHAffiMAN. The Chair is under the impression that the por- the people's money. tion of the section the gentleman proposes to amend has been voted Mr. HOLMAN. I ask unanimom consent that debate on this par- on by the House. agraph shall now CE\ase; but before the question is taken on that prop- Mr. WHITE. I indorse the statement made by the gentleman from osition I wish, in -a ddition to the remarks of the gentleman from Maine, [Mr. HALE,] that the people are those who are most interested Pennsylvania, [Mr. RANDALL,] to read what the Postmaster-General in this appropriation. The railroads and steamboats will take care says will be the cost of this system of mail transportation by railroads of themselves, bot if we do not restrict the amount to be paid to rail- at 6t mills. In his letter of the 2~ of March he says : roads, the people who live in remote localities will be shorn of the The compensation based on linear space at an average rate of fit mills wo':lld be meager mail facilities they now enjoy. I hope some restriction will . nbout $7,200,000. be made, so that at least one-half of the amount appropriated by this The proposition pending in the bill appropriates $8,862,049, and stingy Committee on Appropriations will go to the people. largely beyond the estimate. The following table shows the extraor- The CHAIRMAN. Th~ amounts have been inserted by vote of the dina-ry growth of compensation to these railroad corporations, and committee, and cannot now be amended. The gentleman's amend- deserves attention: ment is therefore not in order. A &tatement showing tM Bmount of r~pts and e~iturt~ of tM Post-Office De- The Clerk read as follows: partment, the Bmount paitL to postmasters and to railroaa companies; al8o the For compensation to ra.il~vay post-office clerks, $1,125,000. amount approprial.ed.jor fkjiciency itelnfrom 1851 to 1875 inclt.Uive. Mr. FOSTER. I move to strike out "$125,000" and insert "$300,- 000," so it will read $1,300,000. . .p ~ . ..... ptj• ~ 'tl'd -;..s.o There WM expended for railroad post-office clerks for the last fiscal Year. .. ~ 'S·~ §.9' I• Qrll !E §;a ~a _.;>rtl § &.o ~ .. p.OIP ~ep. ~] year $1,122,000, aud there will be expended this year 1,277,000. The estimate is 1,309,000. There are three items following one another, !8 ~ o ·~=~ a& ~ o.s.s ~ oo~ .. the first for railway post-office clerks, the next for route a~ents, and the next for mail-route messengers, all of whom the committee have seen fit to reduce 10 per cent. These clerks, with the exception of a 1851 .•••••••••••••••••• tfi. 410, 604 33 $6, 278, 401 68 $985,019 00 very few, are now paid $1,200 a year or less. They do not come within t1, 781, 686 34 1852 .•••••. ··- -- ••••••. 5, 184, 526 84 7, 108, 459 04 1, 753, 360 34 1, 275,520 00 the rule the committee has laid down for the reduction of salaries. I 1853 ...... ············- 5, 240, 724 70 7' 982, 756 59 1, 1321, 002 15 1,601, 329 ()(l hold in my hand a table which shows the annual compensations to this 1854 .................. . 6, 255, 586 22 8, 577, 424 12 1, 742,508 26 1, 758,610 ()() class of clerks to be $9!l7, and from this 10 per cent. is to be taken. 1855 .•••••••••••••••••• 6, 642, 136 13 9, 968, 342 29 2, 135, 335 2'J 2, 073, 089 00 The table is as follows : 1856 . ••••• . ••• ---- ·- --. 6, 920, 821 66 10, 405, 286 36 2, 102, 890 78 2, 310,389 00 1857. --····- -----. ···-- 7, 353. 951 76 11, fl08, 057 93 2, 285, 60!J 86 2,559, 847 ()() Tables showing the number of railway post-office clerks, ·route agents, 1nail- "'1858 .•••••••••••••••••. 7, 486, 792 86 12, 722, 470 04 2, 355,016 28 2, 828,301 ()() 1859 • •••••• --·-·······- 7, 968, 484 07 11,458, 083 63 2, 453, 900 97 3, 243, 9i4 ()() route messtmgers, and local agents in service May 1, 1876, ·with their ag- 1860 ••••••••••••••••••• 8, 518, 067 40 11,170, 609 99 2, 2.52, R68 10 3,349, 662 ()() gregate and average C011tpensation per annu·mres-pectively; also table sltow- 186L •••••••••••••••••. 8, 349, 296 40 13, 606, 759 11 2, 514, 097 35 2, 543, 709 ()() i1l9 the general average of the sa1ne. 1862 . •••••••••••••••••• 8, 299, 820 90 11, 125, 364 13 2, 340, i67 28 2, 4.!)8, 115 ()() LOCAL AGENTS. 1863.- ••• - -·-- •• -. ----- lJ 1 163, 789 59 11, 314, 206 S4 2, 876, 983 34 2, 538,517 00 1864 •••••• ------ -·-- --- 12, 438, 253 78 12, 644. 786 20 3, 174, 325 68 2, 567, 044 00 1865. ·-----··· --··--- ·- 14, 556, 158 70 13,694,728 2t:l 3, 383, 381 77 2, 707, 421 00 Compen- .Aggregate 14, 386, 9R6 21 15, 352, 079 36 3, 454,677 44 3, 391,592 ()() Number. sation. compensation. 1866. ···------- ·- •••• ·- 1867--- •• -------- ··-·-- 15, 237,026 87 19, 235, 483 46 4, 033, 728 17 3, 812, 600 ()() 1868 •••••••.•• . ••••••• . 16, 292, 600 80 22, 730, 592 65 4, 255, 310 98 4, 177,126 00 186~ . --·--· ------------ 18, 344, 510 72 23, 698, 131 50 4, 546, 958 43 4, 723, 680 00 1 •••••• --···· ---· •••••• ----·· --·· •••••• - ••.. --------- . f5000 J 50 00 1870 ..•••.•••••••••.•• . 19, 772, 220 65 23, 998, 837 63 4, 673, 466 79 5, 128, 901 00 r.o oo 1'20 00 20, 037, 045 42 24. 390, 104 08 5, 028, 381 85 5, 724,979 ()() 2 . --- ---·-· ------ -----· ---------------------------- -- 1871. ---------·--·· · ··· .2 .•••.•••••.•••••••••••••••••••••••.•••••••••••.••.••. 100 00 200 00 1872 .••••.••••••••• ···- 21, 915, 4.26 37 26, 658, 192 31 5,121,665 ~ 6, 502, 771 00 2 .••••••••••••••••••••••••••••••••••••••••••••••••••. . 1fl0 00 300 1.0 1873 . - --···- ••••••• -.-- 22, 996, 741 57 29, 084, 945 67 5, 725, 468 12 7, 257, 196 00 200 00 1, 200 00 1874 ••••••• ----·. -·-- 26,471, 07l 82 32, 126, 414 58 5, 818, 472 17 9,113,190 ()() 6. ---·- .••••• ·----- •••••• ··--·- ········--···---. ---· -- 2 .•••. --·------- --- ---··· -·--·· •••••••••••• -·---· - --·- 240 00 480 00 1875 ...... ---------- -- · 26, 791, 360 59 33, 611, 309 4.5 7, 348, 123 10 9,216, 518 ()() 2:i0 00 2:)() 00 1 ..........................•• ·-----------------·--·-· · I 300 00 3, 000 ()() 10 .••••• ······- ·-·-··--·-···············----·------ ••. 1876. CONGRESSIONAL RECORD-HOUSEo 3059 Table showing the numtber of rai~1oay post-office clerks, rreby, instructed to inq~re inro anq ascertain the cost of and charges made for work railroad men on the same trains. There is perhaps no class of public done for Congress and the 'Execuijve Departments by the Government Printing servants who are so hard worked a.s this class of gentlemen. So far Office, and what sin:i..iliir work costs and can be done for in other offices; that tlw _y as my personal knowledge goes, there is no excess in number. In all ascertain the cost 'of printing the CoNGRESSIONAL RECORD and the cost of having it my acquaintance with the Lake Shore route, I know there is_ no+I' .a prjnted by respimsible private parties; that they ascertain whether the printing for Co:qgress and the.Exeeutive Departments is don~ as economically as it should f-4- surplus number, A.nd each and all are required to do their ~~QQ-r qaiJy. . Re or~ i~ may be done by contract or ?therwise by private parties; that they in- i 3060 CONGRESSIONAL RECORD-HOUSE. MAY 12, quire into the extent of publications and printing ordered by the Executive De· a charge of $45.60 has been made, which is a little more than eight timN~ the actual partments, and whether any limitations sliould be made upon snch publications cost of the work done. There is, therefore, a rmrplos in reported expense of seven and printing beyond what 1s expressly authorized by law; that they make thor- times $5.70 orf39.90 which is permitted to cover theunderchargeRmade b:y the Con- ough examination into the operations of the Government Printing Office, with a gressional Printer llgainst any other work done in his office. When it 1s remem- view to learn whether a different management may be made or :plan adopted to bered that the printing and binding done for the legislative and executive de- lessen the expenses of the Government for the various items of pnnting required ; partments nmount to nrne-tentbs of :ill the work ordered to be done in the Public and that the committee be instructed to make to this Honse a full report of their Printing Office, and th'lt this system of chnrging is applied to all of this work, it investigations, together with the testimony taken by them; and to that end the will be at once understood t.h at a very large surplus in reported expenses is created. said comm~ttee sliall have power to aend for persons And papers and to Wl6 a short- But by an examination of the Congressional Printer's annual reports the actual hand reporter"- cash disbursements are found to be very near the reported cost of the work ex- having had the same under con.sideration, respectfully submit the following partial ecuted. Hence it appears that the surplus created 1n one way is consumed in report: another not yet satisfactorily accounted for; if honestly, then the Government The resolution contains five points of inquiry, which for the purpose& of this re- Printing Office is not economically managed; if dishonestly, its condition is worse port may be stated as follows: . than that of extravagance. The conclusion tllel'efore is that, as at present man- First. What are the cost of and charges for work done for Congress and the aged, the printing and binding for Congress and the Executive Departments are Executive Departments as compared with the expense of doing the same work by costing the Government more money than the same work can be done for equally private parties' well by responsible private parties. Second. Is the Government Printing Office economically managed f The t~econd point of inqmry is but a continuat.ion of the first as an economical Third. How does the cost of publishing the CoNGRE88JONAL RECORD 1n the Gov- management of the office would lead as a natural consequence ~ more reasonable ernment Printing Office compare with the cost if done by private parties f charges for the work done, and any further extravagance would in like manner Fourth. What extent of printing is done for the Executive Departments, and tend to inc~se its coet. Careful examination of the subject bas demonstrated that would it be advisable t~ reduce the same t the same reckless extravagance shown to exist in the purchase of materials and Fifl h. What is the general management of the Government Printing Office t the pay for labor pervades every department of the office. In order to arrive at reliable information upon which to base comparisons under The reasonable limit~ of a report preclude your committee from entering into all the first of the above subdivisions, it became necessary to obtain samples of work the det.'\ils of tbe case. It will be"sufficient to call attention to a few examples. done at the Government Printing Office for the several Executive Departments, The gold-leaf used in the Government bindery forms an important it~m of ex- with statements showing the prices charged for the same. These having bE-en pro- pense. During the term of the prese.n t incumbent a sum exceeding f50, 000 has cured, your committee summoned and examined aa witne8868 manufacturers of bee~ expended for that article alone. The testimony taken by your committee es· and dealers in printing and binding materials, also printers and other experta in tablishes the fact that the men employed in the Government bindery have been al- ibese matt~rs, to enable them to ascertain the fair expense of producing work of a lowed to appropriate to their own use the greater part of the was~e of this gold- similar nature. The result shows that the Congressional Printer haar, and are therefore incorrect and not in accordance with the facts. The established by proof, would rt>ally be upward of 1100,000 instead of the sum charged; following facts appear from the comparison thus made, (see exhibit .M M appended and when, in addition to this, the interest on the capital invested, the wear and tear to the testimony :) of type and machinery, and a proJ)Ortionate share ol the waste of material by de- The eighteenth annunJ 1-eport shows a surplus over and above the amount reported terioration in Talue and accidental causes are taken into account, the cost of print- of t2,2187'1.85; tbe nineteenth annual report shows a deficiency of f9,39'2.13; the ing and binding the CONGRESSIONAL REcoRD for the second session Forty-third twentieth annual report shows a surplus of t3,562.48; tho twenty-first annual re- Congt:e88, would, in the opinion of your committee, far exceed that amount. port shows a surplus of $564.63; thus showing the complete unreliability of this Had the contract been awarded, nuder their bid of 1~3 to Mes81'8. Rives & Hailey~ lnst check placed upon him by law. the total cost of printin~r and binding the same for that session would have amounte« But not only in re.(!8l'd to his reports, made or neglected, does this systematic ta only $93,453.75, thus effectinJr a large saTing to the Goveniment, amounting for a ne@gence appear. The internal management of the office over which he presides short session to not 1688 than 115,000. is if au;ything still more deficient. Machines and materials have been loaned and Your committee are, therefore, of opinion that it would be in the Interest of eoon- preaented to favorites by officials in that establishment. with or witho11t the con- omll to remove the publication of the CONGRESSIONAL BECOllD from the Government sent of the Congressional Printer; men have been employed on account of their Prmtinp; Office and awa1·d the same to Mr. Franklin Rivt>s, under a contract, the political influence alone, while the testimony shows thelr complete unfitness to form of which, together with an accompanying letter addressed to the chairman of earn the wages they receive; eruploy~s have been paid while absent in their re- :vour committee, 1s hereto attached and made a portion of this ~port. spective States attending elections; 1-ecords ancl documents have boon sold on credit • Tho resolution directs your committee next to inquire into the amount of work in violation of law; no accounts have been kept of large sums of money thus out- done by the Government Office for the Executive Departmenta. Havin~r made this standing; amonnta collected have been applioo without crediting thein upon the investip:ation, they are of the opinion that the quantity done is far more than the books of the office, and work for privat~ parties bas been executed at the Gov-ern- necessities require, while the charges made for the same exceed all rea8flnable ment office contrary to the expres11 provisions of law, while in adJusting tho cash bounds. They find that the only limit. placed by law upon this clasa of work~ con- on hand to the books balances have been forced ancl accounts falsified. tained in the appl'Opriation acts which make provision for the amount to be ex- The testimony substantiates eaeh and every of these allegations and forces yonr pended for it; that this sum is placed to the credit of the public printing and bind- committee to the conclusion that the ~eneral management of tho Government Print- Inp; acconnt, agai11st which c~es are made by the Congressional Printer by the ing Office has been of such a charaeter as would ruin the most substantial private system heretofore described until it is exhausted. They find further that not un- establishment in the country. In the investigations of your committee it became fr~nently orders for a small number of blanks are sent from the Departmenta, ap~t that aside from theneral management of the office your commit!M ton City stated under oath before your committee that he had 80ld to the Govern- encountered at the outset a serious and almost insurmountable obstacle in the ab- ment Printer, through his foreman of binding, a quantity of blank-boob which, at ~t<'nce of a reliable system of accounting. No person appears to have been charged the instance of the purchaser, were charged as a certain amount of "cap-paper;" with the inspection of the books nnd accounts of the e8tablisbment, and eacb clerk the foreman's requisition and receipt for the same, the check on the Treasurer of has conducted his special branch of the business in whatever mannt>r best suited the United States signed by the Congressional Printer, stating on its face that it his indivld nalfancy. No day-books or other books of original entry have been kept wa.s issued" for paper," together witli the bill for the same, are submitted with the to show tl'ansactions as they occulTed, nor do those ~mbmitted to your committee testimony. The foreman of bjnding admits the transaction, and asserts that the show a reliable and exact history of the business of the office. The paper accounts Congressional Printer was co~ant of it. That official, however, denies all knowl- and wareroom-books are incomplete and useless as ·books of record and reference. edge of the matter, while his financial clerk affirms that the check in question was 'l'be cash-books, supposed to show all rooeipts from every source, together with the , and you will therefore bring for- blank, blank-book with or without printed headings, job of printing, or job of bind~ . ward your witnesses durinl7 the latter part of the present week. ing thus execut,ed a bill or memorandum setting forth the number of copies; the You are further informe8 that you can examine the testimony at any time after quantity, weight, cost, and description of paper; the number of pages, the num- Thursday morniifg at ten o'clock, in the committee-room; and the committ.oo desire ber o_f tho~sand ems p~ter's meas~ment, tile cost of composition, making-up, me to add that you are at liberty to bring before them any reputable member of and unposwg, proof-reading, COITOOtmg, and press-worki· the cost, if any, of ste- the legal profession .'\8 counseL reotyping, electrotyping, lithographing, or engraving, ino uding -paper and print- Very respectfully, yours, &c., ing; the cost of dry-pressing, folding, gathering, stitching or sewmg, and binding, CHAS. J. WIENER, including materiafs. Whenever any work requiring the purchase of matorw8 Olert oj the Committee. whose value exceeds $100 is awarded to the Government Pnnter, he shall prepare Hon. A. M. CLAPP, an estimate of the quantity and cost of the same for submission to the bead of the Oongre88i!>naZ Printer. Department orderin~ the work, and, upon approval, bids 11hall be invited by the Government Printer in such manner as the head of the Department may direct, Three days afterward the following !<:~tter came t.o hand: and contracl.$ shall be awarded by the last-named officer, contracts to be made in OFFICE OF THE CONGRESSIONAL PRINTER, quadruplicate, for distribution as follows : One copy to the First Comptroller of the Washington, April 27, 1876. 'Treasury, one copy to the Department authorizing the contrn.ct, one copy to the Sm: I desire to acknowledge the receipt of the note of your clerk under dat,e of Government Printer, and one copy to the contractor. It shall be the duty of the the 24th instant. On consultation with counsel, I am advised that, ina.smJlch as I Department for which the work 1s to be done to designate some competent person n.m an officer of the Sen,'l.te of the United States, your committee has no Jurisdic- in its employ to inspect the ~apers delivered under any contract as to quality tion to investig'l.te my conduct in office as Congressional Printer, and that your quantity, and wei~bt, and no bills arising under such contracts shall be paid except committee will not pretend to do so. they bear the joint certificate of the Government Printer and an inspector as afore- So far as your inquiries under the resolution of the House of Representatives are said, all accounts so certified and approved to be forwarded to the head of the concerned, I have no special interest, and therefore I have conr:luded that I have Department authorizing the contract for payment. When the work is completed no duty to perform except to give you any information in my power in regard to the and delivered the Governtnent Printer shall J?repare an account in detail showing subject under investigation by your committee, which I h'!.-ve already done. the cost of each item, as provided in this section, and present the same to tbebead I am, very respectfully, &c., of the Department for whom the work was done for payment; and, if correct, the A.M. CLAPP, same shall be paid in full, less the cost of the paper, by cbeok upon the Treasurer Cong1·usional Printer. of the United States, which check shall be immooiately deposited in the Treasury Hon. JOHN L. VANCE, to the crent, pamphlet, blank, OI'other prinwd matter, executed in accordance with exist- persuades the Government to enter the lists as a gigantic competitor with'Hs own ing laws or by order of either House of Congress, arranging the various items uu- people is wrong, the several branches of industry and their honorable profits belong- der appropriate beadin~s, as follows: Title or subject of work; number of copies; mg by right to the people ; that, in view of these several conclusions, it is wise to number of pa17es; number of thousand ems printers' measurement; cost of com- take immediate steps toward the discontinuance of the Public Printing Office; that position, proof.readin?:, corrections, making-up or imposing, and press-work; cost in furtherance of this purpose the proposition of Franklin Rives of date May 2, of stereotyping or electrotyping, costoflithogr.1pbing or engraving, including paper 1876, for the printing and binrling of the debates of Con~ess, should be accepted, and printing; quantity of uaper useeen applied, anvernment far more than the Globe, and that this fact has onl)' been con- SEc. -. That section 196 of the Revised Statutes of the United States be, and the cealed by the misrepresentations and omissions of the Congressional Printer, who, same is hereby, so amended that hencefotth it shall bethedutvof the heads of each by neglecting to oooy the law requiring him to keep :md to publi.sh yearly separate Executive Department, except the Department of State and the Department of and exact accounts in detail of the cost of the REconD. and by omitting from his Justice, to furnish the editor of the annual abridgment of the message of the Presi- partial accounts innumerable items of expen1!6 incurred in the publicat-ion, baM will- dent of the United States and accompanying documents with copies of the reports fully misled Congress by caUBing them to believe that the G<>vernment saved money of the various Bureaus and other snboromate offices of their respective Depart- bi intrusting him with the work ments on or before the 1st day of November of every: year; and it shall be the duty l will not cousnme time by attempting to detail the facts which sustain my as· of the said editor of the abridgment, acting un•ler the direction of the Joint Com- sertions, inasmuch as the comlnittee are in possession of these facts, anv- duty of the G<>vernment Printer to have the said abridgment printed antl bound ernment. before the close of the month of December in which the said message shall be de- The proposed contravernment Print~r to by Rives & Bailey in 1874. · print copies of the reports proper of the heads of the Executive Departments, as Very respectfully, provided in section 3798 of the Revised Statutes, it shall not be lawful for him to FRANKLIN RIVES. print the reports of the various Bureaus an, and the stereotype plates or duplicates thereof to belong to tbe United States, plied by the official rep01t~rs of the two Houses within such reasonable ttme as 18 the above-named sum of two and a half mills per printed pa~e and seven~ cents necessary to enable the printers to put it into type ; and any BDCh failure on the per volume for binding to embrace all charges made by the s&ld Franklin Ril'es for part of said reporters 8hall place no responsibility therefor upon the said party of the J!rinting, binding, delivery, and all other work connected with the prompt pnb- the first part. · licatton of the proceedings and debates of Congress in daily and book form, as the Second. To transfer the proceedings from the Daily Globe to the Congre!Jsional CosGBESSIONAL RECORD 1s now published, and for the said stereotype plates: Pro- Globe, in the same quarto form, and to print the same o.: paper of the same weight vided, That the said Franklin Rives shall enter into good and sufficient bonds, in and quali~ as that heretofore used in the 00NGRE:o IONAL llECORD. the sum of ilOO,OOO, subject to the approval of the Secretary of the Senate and the Thu·d. To compile and snpply an amiJle index to the Congressional Glooo. Clerk of the House of .l:v- Sixth. To bind the Congressional Glob<1 and .Appendix in volumes of the aver-· ernment Printer to have all the materials belonging to the United States in the age thickness of the past volumes of that publication, in the same style as that in said printing offices and binderies transferred to the G<>vernment Printing Office, which they have heretofore been bound at the Government Printing Office and in and that it be unlawful to have any ptinting or binding executed in any Depart. the same quality of material and workmanship. ment or Bureau thereof. Seventh. To allow members of each Honse the option of receiving copies of the All of which is respectfully submitted. • Daily Globe as issued, instead of bound copies of the book edition, and to mail JOHNL. V.ANCE. such copies of the Dailv Globe without chati!:e for mailing. 0. R. SINGLETON. Eighth. To deliver tlie bound books to theloliling-roomsof theSenateandHou11e of Representatives. And the U nit.ed States, by the Secretary of the Senate and the Clerk of the Honse PAPERS REFERRED TO IN THE REPORT. of Representatives, acting under aud by virtue of the authority aforesaid, do here- CONGRESSIONAL GLOBE OFFICE, by a~e with the said party of the first part to pay him for the work hereinbefore Waahington, D. 0., May 2, 1876. specified t.o be done at thefollowingJ ates, namely: For all proper service connected with the printing of the debates and the fwnishing of the bereinbefore·s~ified SIR: I beg leave to snblnit to your honorable committee a :proposal for printing number of copies of the two editions, at the rate of two and one-nalf millB J!er the debates of Congress, in the form of a contraverument Printin~ Office." It is to be regretted that he was which the report was recommitted. afterward led to express a different oplnion, which experience has not justified. RESUMPTION OF SPECIE PAYMENTS. In the debates in theSenatein February, 1869,SenatorsFRELINGHUYBEN, l!lORRn..L of Vermont, Fessenden, Hendricks, and MORTON expressed the opinion that it is the Mr. WALLING, by unanimous consent, introduced a bill (H. R. No. intereat of the G<>vernment to undertake as few jobs as possible; that instead of making, as was promised, $40,000 a;ear by printing the debates at its office, the 3432) to repeal section 3 of the act to provide for the resumption of Government would lose $50,000; an that, a.Qrtation, and sale of envelopes, of illness. &c., to the Committee on the Post-Office and Post-Roads. Leave of absence was also granted, by unanimous consent, as fol- By Mr. POPPLETON: The petition of J. W. Sikes, J. Utley, Thomas · lows: · Vanfleet, and 117 other citizell8 of Ohio, for the establishment of a To Mr. WILLIAMS, of New York, until the 24th instant on account post-route from Galena., by way of Harlem, Centreville, Van's Valley, of important business ; and Green, to J ohnstowu, Ohio, to the same committee. To Mr. SWANN for ten days on account of ill health ; By Mr. SAMPSON: The petition of Kingsbakers Brothers and 7 To Mr. HARms, of Massachusetts, for one week on account of im- others, of Ottumwa, Iowa, that the law regulating the manner of portant business ; packing tobacco remain unchanged, to the Committee of Ways and To Mr. WILI.IAMS, of Delaware, for one week ; Means. To Mr. ROBINSON till the 30th instant on account of important By SLEMONS: The petition of William N. Robertson, for the re- businesl!,; · examination of his claim rejected by the southern claims commission, To Mi. WALDRON for ten days; to the Committee on War Claims. To Mr. CROUNSE nntil Tuesday next ; Also, the petition of John J. Busby, for compensation for occupa- To Mr. THORNBUllGH for eight days; tion of his property by the Quartermaster's Department, United States To Mr. McFARLAND nntil the 18th instant on account of impor- Army, in 1865, to the Committee of Claims. tant business ; and By Mr. SPRINGER: Memorial of Dial Davis, Ira Ellis, and 226 To Mr. G. A. BAGLEY for one week on account of important busi- other citizens o£ the twelfth congressional district of Illinois, for the n~. . unconditional repeal of the resumption act and the substitution of The motion of Mr. VANCE, of Ohio, wa.s :tgreed to; and accordingly legal-tender notes for national-bank notes, to the Committee on Bank- (at six o'clock p.m.) the House adjourned. ing and Currency. By Mr. TERRY : A paper relating to the establishment of a post- route from Broad Ford to Cross Roads, in Poor Valley, Virginia, to the PETITIONS, ETC. Committee on the Post-Office and Post-Roads. ' The following memorials, petitiona, and other papers were pre- By Mr. VANCE, of North Carolina: A paper relating to the estab- :Sented at the Clerk's desk under the rule, and referred as stated: lishment of post-routes from Forks of Pigeon to Waynesville, and By Mr. ATKINS: The petition of W. S. Calloway, for the re-ex- from Charleston to Forney's Creek, North Carolina, to the same com-. amination of his claim rejected by the southern claims commission, mit tee. 'to the Committee on War Claims. By Mr. A. S. WILLIAMS: Petitions of the Detroit Board of Trade, By Mr. CANNON, of lllinois: The petition of John Graham and relative to the services of the Signal Corps of the Army, t.o the Com- others, of Champaign, Illinois, for action touching the release of E. mittee on Military Affairs. ·O'M. Condon, an American citizen confined as a political prisoner by the British ·government, to the Committee on Foreign Affairs. The following papers have been presented at the Clerk's desk under : By Mr. GLOVER: The petition of 32 manufacturers and dealers in the rnl~ without having indorsed thereon the name of any member tobacco, of Hannibal, Missouri, against any change in the mode of of the House, and referred as stato(l: packing tobacco, to the Committee of Ways andMeana. Memorial of L. M. Harris, of Boston, against the extension of the By Mr. HEWITT, of New York: The petition of druggists andgene- John Bachelder patent for feeding-device for sewing-machines, to the .ral dealers, for the passage of Holl8e bills numbered 2547 and 2548, in Committee on Patents. .reference to trade-marks, to the Committee on Patents. The petition of citizens of Massillon, Ohio, again8t any chang-e of By Mr. HOLMAN: Papers relating to the claim of the heirs of As- the law regulating the manner of packing tobacco, to tha CoUUDlttee 'b nry Dickins, for compensation for services rendered while acting as of Ways and Meana. Chief Clerk of the Treasury and of the State Department, to the Com- mittee of Claims. By Mr. HOPKINS: Memoriai of dealers and manufacturers of to- bacco, against any change in the law regulating the mode of pack- ing tobacco, to the Committee of Ways and Means. HOUSE OF REPRESENTATIVES. By Mr. HOSKINS: emorial of W. L. Bass and 14 other citizens of Batavia, New York, of similar import, to the same committee. SATURDAY, May 13, 1876. By Mr. HURLBUT: The petition of J.R. Underwood and 32 other The House met at twelve o'clock m. Prayer by the Chaplain, Rev. manufacturers and dealers in tobacco, of Aurora, ID.inois, of similar I. L. TOWNSEND. import, to the same committee. · The Journal of yesterday was read and approved. By Mr. KETCHUM: Remonstrance of laboring men of Scranton, P~nnsyJvania, against a~y reduction of the tariff, to the aame com- ORDER OF BUSINESS. mittee. Mr. HOLMAN. I rise for the purpose of movin~ that the rules be Also, the petition of citizena of Scranton, Pennsylvania, for the suspended and the House resolve itself into CoUUDlttee of the Whole issue of a legal-tender interconvertible currency, to the Committee on on the state of the Union on the post-office appropriation bill. Banking and Currency. _ · The SPEAKER pro tempore. The gentleman from Kentucky [Mr. By Mr. KNOTT: The petition of F. K. Summers, for additional DURHAM] is entitlecl to the floor this morning for a personal explana- compensation for carrying United States mailB, to the Committee of tion. Claims. Mr. DURHAM. I rise to a personal explanation. 1876. CONGRESSIONAL R·EOORD-HOUSE. 3065 Mr. KNOTT. Will my colleague yield to me for a momentf we differed, to what extent and what were the points of difference! Mr. DURHAM. Two or three gentlemen have asked me to yield cannot now .remom ber, but they were regarded as material in the to them to introduce bills and other matters, and I am willing to do so. trial of the case. I then remembered them with distinctness, and CHARGES AGAINST JUDGE WYLIE. thought Colonel Fitzhugh's statements were incorrect where we differed. Mr. KNOTT. I am instructed by the Committee on the Judiciary I should state further that in c.onseqnence of sickness in my family to submit a report, which I send to the Clerk's desk. I did .not reach Washington until Monday morning the day the House The Clerk read as follows: waa organize~ the democratic caucus at which Colonel Fitzhugh The CommitWe on the Judiciary, to whom were referred two memorials of AI· was nominated. for Doorkeeper having been held on the Saturday bert Grant requMting an investigation into the official conduct of Andrew Wylie, evening previous, and I did not know that be was a candidate for the po- respectf\tlly report tlin.t they have given the memorialist a partial hearing, from whtch it appears that a thorough investigation into the subJect of the complaint sit.ion until after be WM nominated. Had I been in the city before the will require the understanding of several quite complicated suits in equity and caucus was held, and had known his name would have been presented, the examination of a consillerable number of witnesses. The committee have I should have communicated these facts to those who were pressing formed no opinion whll.tever of the merits of Mr. Grant's char~t~; they are satis- fied that they cannot examine them so as to do justice to the petttioner or to the his claims, that they might have judged as to the propriety or impro- judge without devoting more time to the investigation than t.hey can spare from priety of his nomination. tho other numerous and important duties already :tasigned to them by the Honse. I will state further that I had no personal acquaintance with Colo- They therefore ask to be discharged from tho further consideration of tho matter, nel Fitzhugh until I was employed t.o defend him in said charges; and that the same be referred to a. special committee. but, as is stated by Mr. Welch, he was generally popular in the com- Mr. KNOTT. I move that the Committee on the Judiciary be dis- munity where he lived. charged from the further consideration of the subject, and that it be Messrs. Welch, DunJap, Jones, Shannon, and all the parties ~ned referred to a special committee. by Tom Scott we1·e gentlemen of good standing and high reRpec- The motion was agreed to. tability, ~nd that community, knowing them and Colonel }'itz- Mr. HOLMAN. I call for the regular order of business. hngh and knowing what occurred at all these trials, have made up Mr. DURHAM. I will yield for a moment to oneortwogentlemen their judgment as to the. real guilt or innocence of the parties impli- who desire to introduce matters before the Honse. cated. Mr. HOLMAN. The Committee on Appropriations is very anxious I inake these statements not for those who know the facts where to finish the post-office appropriation bill, and I think we ought to they occurred, but that the members of this House. and others m~\Y have tho regular order. see how much I know of the matters stated in the article .just read The SPEAKER pro tempore. The gentleman from Indiana, [Mr. and how fur I have been connected with them. I have heretofore NEw,) who is about to leave for New Orleans, desires to submit some explained these matters frequently to members ~ho have asked me reports from his committee. in regard thereto. Air. HOLMAN. I will not object to that. Mr. WHITE. I rise to a question of privilege. [Laughter.] I ask CORA A. SLOCOMB AND OTHERS. for the reading of the passage marked in the article which I send t.o the Clerk's desk; but before the Clerk begins to read it I will, with Mr. NEW, by unanimous consent, from the Committee on War the permission of the House, ask to have printed the newspaper ar- Claims, introduced a bill (H. R. No. 3434) for the relief of Cora A. ticle which I hold in my hand, which is the subject upon which I pro- Slocomb, Ida A. Richardson, and Caroline Urquhart; which was read pose to found a resolution. It is the first part of the article which a fin;t and second time, referred to the Committee of the Whole on the my colleague [Mr. DuRHAM] has just had read. Private Calendar, and ordered to be printed. The SPEAKER pro tempore. The gentleman from Kentucky asks STATE EXPENSES IN THE REBELLION. to have printed in the RECORD a newspaper slip which he sends to . Mr. NEW also, by unanimous consent, from the same committee, theMr. Clerk's desk. · WHITE. These are the charges, and I ask to have them read. reported back a bill (H. R. No. 2420) to re-imburse the States for ex- The SPEAKER pro temport. Charges against whom T penses incurred in the late rebellion; which was referred to the Com~ :Mr. WHITE. Charges against the Doork~per of the Honse. The mittee of the Whole on the state of the Union, and ordered to be article which I ask to have read has appeared in the Louisville Cou- printed. rier-Journal and was written by Mr. Welch, who I understand is TREATY WITH :MEXICO. chairman of the democratic committee in that county, and is certainly :Mr. LUTTRELL, by unanimous consent, introduced a joir.t resolu- good authority with gentlemen on the other side. tion (H. R. No. 113) authorizing the appointment of commissioners to Mr. EDEN. What is before the Housef ascertain on wha~ terms a mutually beneficial treaty of commerce The SPEAKER pro tempore. The gentleman from Kentucky [Mr. with the republic of Mexico can be arranged ; which was read a first WmTEl says that he rises to a question of privilege. Is there objec- and second time, referred to the Committee on Commerce, and ordered tion to the printing of the article in the RECORD T [Cries of" Object."l to be printed. Mr. WIDTE. Then I shall ask that tho whole thing be read if gen- THOMAS B. M'CLEWEE. tlemen object to my proposition. On motion of :Mr. EDEN, the Committee on War Claims was dis- Mr. RANDALL. I submit that this is not a question of privilege. charged from the further consideration of the potition of Thomaa B. It does not relate to the privileges of any member. McClewee, for cotton and freight, and the same was referred to the The SPEAKER pro tempore. The Chair cannot say whether the Committee of Claims. member from Kentucky is involved in this matter or not until it is DOORKEEPER OF THE HOUSE. read. . Mr. WHITE. I desire to explain. Mr. DURHAM. I ask the Clerk to read the pa.BBage marked in the Mr. RANDALL. It dOes not relate t.o the member. paper which I send to the Clerk's desk. :Mr. SOUTHARD. The gentleman has himself disclaimed that there The Clerk read as follows: is any q_uestion of the privileges of a member in what he brings before Judge M. J. DURHAll, the present Representative in Co11gress from this district, the House; if it did relate to the privilege of a member he would be is perfectly cognizant of the truth of this accusation. ff put upon the witness- in order, but not otherwise. stand, he would be compelled, reluctantiy of course, to convict ll.tzhuuh of per- jury. I have been amazed for several months that he has countenance8 or acqui- Mr. RANDALL. It does not come within the rule. esced in the imposition of such a creature upon his Honse, upon the party, and The SPEAKER pro tempore. It relates to an officer of the House, upon the countJ:y. This amazement is not confined to myself. In the opinion of and the Chair will hear the paper rea.d, and after it has been read the many other friends of the judge it is now entirely in order that he should rise in question will be determined. his seat and explain. W. G. WELCH. .Mr. HOL~IAN. If the gentleman haa anything to submit affecting the character of an officer of the House which requires the action of Mr. DURHAM. Mr. Speaker, the sentence just read is the close of the Honse-- a long article I find in the Louisville Daily Courier-Journal of May Mr. WHITE. I have a resolution to submit. 5, and copied in the National Republican of yesterday. The preced- Mr. HOLMAN. That would be a matter of privilege. ing part of the article speaks of the indictments against Colonel Fitz- The SPEAKER pro tempore. The gentleman states that it involves hugh, the present Doorkeeper of this Honse, his trial and acquittal ; the character of an officer of the House. that the negro Tom Scott had sued in the Federal court certain par- Mr. WHITE. If I could have my preference, I would ask that the ties who he alleged had maltreated him; thM Colonel Fitzhugh was articles be printed in the RECORD without being read. sworn as a witness on the trial of the case; that he had sworn falsely The SPEAKER pro tempore. Is there objection to printing in the in twelve particulars, &e. REcoRD these newspaper articles without their being read T Now, I am cognizant of the facts spoken of by Mr. Welch thus far, Mr. RANDALL. I object, because they do not pertain to any mat- to wit1 .that Colonel Fitzhugh was indicted for three offenses spoken ter connected with the business of the House. of by him; he was tried and acquitted of each and all of them, as 'The SPEAKER pro tempore. Then the Clerk will read the articles. stated by him. I was one of his counsel in the cases. Tom Scott, If it is a matter connected with the organization of the House, or the negro spoken of by Mr. Welch, sued the parties named by him affecting the character of an officer of the Honse, the Chair has no in the }'ederaJ court, and recovered judgment against all of them ex- alrernattve but to direct the Clerk to read the articles. cept Dr. Dunlap. Colonel Fitzhugh was sworn as a witness for said Mr. RANDALL. I do not understand the gentleman to say that Scott. I was summoned and sworn as a witness also in the case. We the matter relates to himself or to any other member of the Honse . •.were both examined as to some matten occurring during the inves- If he chooMeS to make an accusation ~~ainst an officer of the Honse tigation of the charges against Colonel.F itzhngh. In some of these it will b~ all right, and this House will not shrink from the investi- 3066 OONGRESSIONAL RECORD-HOUSE. MAY 13, gation of it. But I do object to newspaper articles being incorpo- hails from, bas left a trail which, were it not for the following papers, it would be rated into the .REcoRD. difficult to believe that the :aonse of Representatives had been so shamefully im- posed upon. The witnesses of these vartons crimes are about twenty; the offenses Mr. LUTTRELL. We have all read these articles time and time were committed at various timeR and places. The la t indictment for perjury ex- again. plains how be escaped the pe11itentiar5r for his previous offenses. llis two sons, 'fhe SPEAKER pro tempore. The Chair will read the rule on the James anti J ohn1 appear to have participated in .the case of arson and larceny. subject of questions of privilege: Both are now in the employ of the House, or, ra.Lner, on its pay·l'Olls. 1t is only within a few days that these facts have come to tht. surface here. Whether the A matter of privilege arising out of any question, or from a quarrel between two House can affoi-d to make an issue with this representative of the democratic members, or any other cause, supersedes iho consideration of the ori.15inal question, masses remains to be seen: and must be first disposed of. (Accordin"' to the practice, not finauy disposecl of Commonwealth indictment for grand larceny againstL. H. Fitzhugh et al.; a true but the Honse shall proceed to such immc'aiate measures as it may think proper.j bill-H. Roberts, foreman, April 2'2, 1811, filed: W. H. Miller, clerk; wilncsses Whenever the Speaker is of the opinion that a question of privilege is involved in examined: D. W. Jones, A. Q. Payne, John. ~eland, and J. R. Shannon. • a. proposition, he must entertain it in preference to any other business. [Such opinion, of course, being subject to an appeal.) And when a proposition is sub- Lincoln circuit court, Commonwealth of Kentucky against L. H. Fit.zhugh , James mitted which relates to the privileges of the House, it is his duty to entertain it, Fitzhugh, and John Fitzhugh, of the crime of grand larceny, committed as follows, at least to the extent of submitting the question to the House as to whether or not namely: Tbe said L. H. Fitzhugh, James Fitzhugh, aud John Fitzhugh dicl, on the it presents a question of. privilege. . 1st day of February, 1871, in thocountr aforesaid, unlawfully and feloniously, stea.l, take, and carry away from the possession of D. W. Jones and J. R. Shannon tho ful- Mr. RANDALL. I am quite willing to go farther than the rule, lowing·named articles: Three whito bed-spreads, worth more tl1an $4 ; one dozen and to say that anything th:tt relates to :tn officer of this House sheets, one dozen towels, and half a dozen talue of more than f4; tho property of said Jones and Shannon of the >alue of mo1·o than $4 in specie, and converted tbe same to their in the RECORD of entire columns of newspaper articles. I am will- own use, against the peace and dignity of the Commonwealth of Kentucky. ing that the resolution may be read for information. ~ M H. OUSLEY, The SPEAKER pt·o tmnpore. The Chair must rule that it is a ques- Atto1'ney for the Oommonwealth (Eighth ~udicial District) of Kentttcly. tion of privilege, if it connects itself with an officer of the House. A copy. Attest: D. B. EDMISTON. Mr. WHITE. I aak the Clerk to read the preamble and resolution OlerJ.: Lincoln Oi1·cuit Court. together with the newspaper articles I have sent to his desk. The Clerk read the preamble and resolution, as follows: Commonwealth inflictment for arson against. Thomas Scott, &c. ; a true bill- H. _Robei-ts, foreman ; April 22, 1871, filed: W. ~· .Miller, clerk; wit;nessP.s e~­ Whereas the following articles whlch affect the character of an officer of t.h ls ammed: D. · W. Jones. J. R. Shannon, Jacob Hi~~nns, W. G. Saunders, Charlie Honse have appeared in the public prints, (the articles were not read:) Tbe11lfore, Jones, Ja01es Guost, John Edmiston, Dr. J. D. Peters, Dr. Thomas Welch, G. Ruolvelt, That the Com01ittooon Rules be, and they are hereby; directed to inquire W. Alexander, George Hardin, and Nannie Jonos. into the charges publicly made against L. H. Fitzhugh, Doorkeeper of the House, and report by resolution or otherwise whether there is anything in said charges Lincoln circuit court\ the Commonweaith of Kentucky against Thomas Scott, that would render him an im.Proper person to be an officer of this House; and that Colonel L. H. ;Fitzhugll, John Fitzhugh, and James Fitzhugh, (the latter three they be further directed to wquire into the propriety of abolishing the offic.e of white.) The grand jury of Lincoln County, in tbe name and by the antborit.y of Doorkeeper and requiring the duties of said office to be performed by the Sergeant- the Commonwealth of ltenrucky, accuse Thomas Scott. Colonel L. H. F,itzhugh, at-Arms. John Fitzhu~b, and James Fitzhugh (the latter three white) of the crime of arson and as conspirators in the bu111ing and destruction by tire of the bnildinW~ and M:r. GLOVER. I offer the following as a substitute. houses of the Crab 0J'Chanl Sprin,!!s, and aiders and abettors therein, commit- MI·. WHITE. I have not yielded the .floor, and do not propose to ted as follows, namely: The srud Thomas Scott did, on tho. 4th day of February 1871, in the county aforesnid, nnl:l.wfully, willfully, and feloniumly, set fire t.o and yield until the articles referred to in the preamble are read. burn that portion of tho buildings and houses known as Crab Orchard Springs, Mr. HOLMAN. I hope the gentleman from Kentucky [Mr. WmTE] used and at the time in the occupancy of L. H. Fit.zhugh and Mrs. Rebecca Jones, will not insist upon that. I presume every gentleman in the House and the rooms aUaclled theret~ in tiie night-time. the property of J. R. Shannon and R. H. Obir, trustee for Mrs. Rebecca. Jones, the said L. H. Fitzhugh, John Fitz- has read tbe articles, and time is very valnablo to us now. hugh, and James Fitzhugh having aided, assi~ted, abetted, coum~eled, advised, pro- Mr. HENDEE. The gentleman does not insist npon these articles cured, and employed and inst-igated the S.'l.id Scott to set fire to, burn, and destroy being read if you will allow them to be printed in the REcoRD. the buildings and property aforesaid, unlawfully and feloniously, .and saitl burn- Mr. RANDA'LL. Whv encumber the RECORD with them f in~ having been done m consummation of said conspiracy, aiding, and abetting un-. lawfully against the peace and dignity of the Commonwealth o{Kentnoky. Mr. LUTTRELL. What ptopriety is there in taking up every M. H. OUSLEY, new paper article and printing it in the record of the debates of this Attorney for the Commonwealth. 1 Hoosef . A copy. Attest: D. B. EDMISTON, Mr. llL~D. If debate is not in order, why is the reading of a Olerl; Lincoln Circuit Oourt. newspaper article in order f The SPEAKER pro tentpore. The gentleman has a right to make Commonwealth indic~ent for false swearing agn.inst L. H. 'Fitzhugh ; a true • this article a part. of his remarks. bill-Marquis Helm, foreman; November 2, 1872. filed: W. H. Miller, Clerk; wit- Mr. MILLIKEN. If he makes the article a part of his remarks it nesses examined: D. W. Jonos :md J. R. Shannon. is uot to be read, bnt merely printed as a part of hiB remarks. Commonwealth of Kentucky-Lincoln circuit court-against L. H. Fitzhugh. The grand jury of Lincoln County, in the name and by the authority of the Com- Tlle SPEAKER p1·o temp01·e. It is very often the case that the Clerk monwcaUh of Kentucky, accuse 'L. H. Fitzhugh of the crime of false swearing read~:~ a document, or article, or extract for a gentleman addressing committed as follows, namely: The said L. H. Fitzhugh did, on the l!lth day of tho Honse as a part of his remarks. The Clerk will proceed to read Apzil, 1872, in the county aforesaid, unlawfully, willfulfy, feloniously, knowingly, the article referred to. and corruptly, he having been sworn by the clerk of the Lincoln circuit court on application for a continuance in said court in a prosecn tion therein pending against 'l'be Clerk betran the reading, but before concluding, the said Fitzhugh and otherd'pr grand larceny, said clerk being legally authorized Mr. GARFIELD said: I ask that there be consent given to have to administer oaths, it being a sub,ioot-matter upon which said party could be and this article printed in the RECORD without reading, in order to save was le~ally sworn, and about which he was required to be sworn in order to obtain the time of the House. a continuance in said prosecution at the April t erm, 1872, of the ~incoln circuit court of the Commonwealth of Kentucky agruost him and others, utter, state, and Mr. RANDALL. Does not the gentleman know that we can ren.ch swear on said application for said contin~U~once that the trnnk in which the articlos the result desired without having the article printed! And does he were and had been ]llaced and bold had no lock on it, and had not had for five years not know also that this printing will involve a large expenditure of and that said trunk was an old and dilapidated trnnk, when in fact an din trnthsa.id moneyJ trunk was locked and had a lock on the same, ancl said statements then and there made bv said Fitzhugh were false anfl untrue, and known to be false and untrue by 1\Ir. GARFIELD. The geutle.m an from Kentucky [Mr. WBITEl bas the said Fitzhugh when so 01ade, said statements having been made by said Fitz· a right to have it read, and I make the proposition to print without hugh in open court in order to obtain the continuance aforesaid, against the peace reading in order to save time. · · and dignity of the Commonwealth of Kentucky. Mr. HOLl\f.AN. I hope that that will be agreed to. Gentlemen M. H. OUSLEY, Attorney for the Commonwealth (Eighth Judicial District) o.f Kentucky. should bear in mind that it is seldom any member has ever asked to Attest: D. B. EDMISTON, have such a body of matter printed in the RECORD. Olerl: Lincoln Circuit Oou.rt. Mr. WHITE. I object to this interruption, and ask the Clerk to proceed with the reflding. Extract from deposition of Thomas F. Purnell, United States marshal of Texas, The Clerk resumed the reading, but had not concluded when showing attempted black·mail; L. H. Fitzhugh. Doorkeeper of the United States 1\Ir. HOLl\l.Al( said: This is a very voluminous document, and House of Rep~enta.tives. · under the rules of the House the gent.l eman has the power to compel Within four or five days after Mr. Peyton arrived in Austin I saw him in con- us to hear this paper read. I therefore nsk unanimous consent that ference with Mr. Fitzhugh, of that plac.e, and on the next day Mrs. Fitzhugh sent message to my wife, requesting her to call upon her (Mrs. Fitzhugh) at her resi· it may be printed iii the RECORD without reading, so as to save the adeuce. Although she had bad no acquaintance whatever with Mrs. Fitzhugh or time of the House. her family, Mrs.Pnrnell complied with the request. Upon herarrivaJ Mrs. Fitzliugh, Mr. WILSON, of Iowa. We tried to have that done last night, in · with only a few preliminary words, unblushingly sai(ftha.t Mr. Peyton, a relative of the ease of a much longer document, and objection was made. her husband, from Norfolk, Virginia, was in the cit:y to make an investigation of my The SPEAKER pro tempore. Is there objection to tile printing in office; that she was authorized to :make this proposition to Mr. Purnell: That if she (Mrs. Purnell) would secure to them a sum of money sufficient to make it an o~ject the REcoRD of these newspaper articles without· further reading f they would guarantee that Mr. Peyton would not make an adverse report of the Objection was made. affillrs of my office. To this proposition Mrs. Purnell indignantly replied that my The Clerk again resumed and concluded the reading of the follow- inte~ty must stand or fall by thl\ investigation : that I only asked a fair investi~a­ ing article : tion into the affairs of my office ; that I did not rely upon the influence of powerlul friends, but altogeth~r npon this investigation to vinilicate me. And she left Mrs. The disposition to investi,:!&te the characters of public officers bas extenrled Fitzhugh at once and made known to me the facta of this intorview. I thereupon within the last few weeks to the offices of the House of Representatives, five hav- requested her to take our son and call upon Mr. Peyton and inform him of all tha.t in.~t been made to walk the plank, and the following transcript of official docu. had occurred. When she reached the hotel she sent up her card from tho parlor to menta on file in the several courta of justice would rather seem to indicate that the Mr. Peyton, who, inste.'l.d of descendinl! t~ the parlor to see her, sent word for her Doorkeeper of the HouF.e of Representatives, in addition to havin~ served in the to come up to his room, and she was thus compelled to go with ber son w Mr. Pey- rebel army and having been ser~eant-at-arms of the rebel senate, has been vary. ton's room, where she found Mr. Britton, who after some do lay reluctantly left. In ing his occupation since the war, and from Kentucky and Texas, where he la8t the presence of her son she informed Mr. Peyton of all that had ooonrred at Mrs. 1876. OONGRESSIONAIJ REOORD-H·OUSE. 3067 Fitzhugh's. Mr. Peyton treated the matter with levity, and said he knew but lit- The Clerk reacl as follows: tle of Mt'8. Fitzhugh. * * * Very respectfully, your obedient servant, The FitzhU[Jh ca~e-A statement prejudicial to the Doorkeeper of the House of Repre- THOMAS F. PURNELL, sentatives- A.n old feud revived.. j., United States Marshal We&tern District of Te:ta8. [To the editor of the Courier..Jon mal) STANFORD, KENTUCKY, April29, 1876. This answer is made by me away from my papers, but, to the best of my knowl- In to-day's issue of your paper is printed an account of an interview of one of your reporters with Mr. T. W. Bullitt, of Louisville, in relation to certain charges edge, recollection, and belief, is true in every respect. recently published in the Chicago Inter-Ocean against L. H. Fitzhugh. the present THOMAS F. PURNELL. Doorkeeper of the Honse of Representatives. Mr. Bullitt, who Wll8 Fitzhugh's Sworn to before me this Zld day of November, 1875. attorney is represented ll8 saying, in effect, that these charges of arson, of per· • DAVID THOMSON, jury, and of larceny were utterly without foundation, and that the most serious Notary Public, District of Columbia. one, that of arson, was based solely upon the alleged confession of Tboma.OJ Sco.tt a negro. whose confession was extorted by the threats and violence of a mob, anu1 Mr. WHITE. I ask the Clerk to read also an extract from the New promptly rett·acted by him as soon as be wa.s placed under the prot.P,ction of the Jaw. York Tt·ibune of May 5. Further inquiry upon the part of the reporter in the United States district court at The Clerk read as follows : Louisvi11e discloses the names of the persons who composed this" mob." These are D. W. Jones, an avowed personal enemy of Fitzhugh, Messrs. Shannon, Dunlal,), Gil- Doorkeeper Pitzhugh's ~erience-Attentiom from Repre&e-ntati·v u ajtllr his election- kerson, Higgins, and Alexander, and the writer of this communication, all of 1'i hom The rush for positions-Heasur~.s of the ojftu. were sued in the United States court by Thomas Scott for damages, and a~inst all Mr. L. H. Fitzhugh, DoorkEteper of the House ot' Representatives, ~Zives, in a of whom, except Dr. Dunlap, a judgment was obtained by the p1ainti1f. m brief letter sent to a ;friend living at Sherman, Texas, in· December Just, an interesting the unmistakable purport of the entire article is to the effect that Fitzhnrrb w~ description of the pains anti pleastll'l'S of persons newly eJected to an office by the merely the victim of a persecution set on foot and directed by personal en~ t.v. Honse. Below will be found a verbatim copy of his letter: I bad a very unpleasant and I may add a very unprofitable, connection with the aft'air out of which these charges grow. I retain a very distinct recollection of D. C., Deer. 15, 18i5. the facts of the cnse. I shou1d not have flrcamed. how1wer, at thiR late day, of DEAR - : I have been trying ever· since my election to write to you, but have making any public ado about them. but for the publication of which I have spoken been beseigued from 1ight ln the morning until one or two at night.. l. .had about in which by inevitable inference I am made to appear a party to a disbonorab1~ one bundrea & thirty appointments to make & have bad I reckon without exager- conspiracy to effect the ruin of an innocent man. Since the organization of the ation three thousand applications besides men women & children pulling & jurking :present House of Representatives I have several times been solicited t•l fm'lli h me every time I would put my ht'ad out of the lic business it may often happen that most important matters of these criminal charges against him without an implied assent to the House the House will desire to keep secret. The Doorkeeper of the their truth; and hence he desires an investigation of .those charges. House has, too, very much power of affecting, unless he is a man of So I understand him. That is just and right. The charges are very firmness, of integrity and sense, of affecting the course of legislation. grave. If they ~ true, it is our misfortune and his; but, if they I suggest to the gentleman from Missouri that in justice to this officer are not true, he ii entitled to a vindication by a committee of this he should say in his resolution that the House, after hearing the let- House. . ter read and without forming any opinion of any matter whatever, In reference to the charges I desire to say a few words. The writer comes to the conclusion he recites. of the.letter which has been read is obliged, in order to make good Mr. SINGLETON rose. the charges in his view, to criminate the U11ited States court that Mr. WHITE. I have offered to yield to the gentleman from New tried the case. It is unfortunate for the writer, whether his char~es York, [Mr. ODELL.] be true or not, that he cannot make them out without chargmg The SPEAKER pro tempore. Does the gentleman yield the balance criminality upon the court that tried the case, the district court of of his time f the United States. Therefore so far 88 that is concerned, this is sim- Mr. WHITE. How much time have I left 7 ply n.n appeal from the United States district colllt to Congress for a The SPEAKER pro tempm·e. Three.minutes. r6trial of those criminal charges. Mr. WHITE. Then I must demand the p~vious question; but first I suppose that Mr. Fitzhugh, like all others, could not control the let me understand what the gentleman from Missouri wants. fact that charges were made against him. The court and the jury, Mr. RANDALL. You no longer hold the floor,as you have de- aftet considering thOie charges, decided in his favor; but they are manded the previous question. 1876. CONGRESSIONAL-RECORD-HOUSE. 3069 Mr. GLOVER. I have nothing to say; the gentleman demanded The best of men sometimes do such things. In confidence with their the previous question and the House is divitling. friends they write a good deal which they would not have published Mr. HOLMAN. Let us vote down the previous question. to the world, and occasionally they are betrayed by these supposed Mr. GLOVER. Then I will submit my resolution. friends, and confidential communications come to light jnst as has The House divided ; and there were-ayes 14, noes 106. occurred in this ca~. So the previous question was not seconded. For that a.c t, however, and in extenuat.ion of it I l1ave nothing to Mr. WHITE. I hope the Honse will take no action which would say, except that he was unfortunate in the selection of his friend seem to reflect on the Doorkeeper of the Honse without giving him an of the letter which bas been read to the House being but let not this IJody of the representatives of the people, under the admitted, 1t seems to the Honse that the person who wrote it is an excitement now swaying it, condemn the man without giving him a. improper person to be retained in his present office. hearing or listening to his side of the case. Mr. SINGLETON. I hope the House will take no rosh action ip re- There may be extenuating circumstances of which we know noth- gard to the Doorkeeper without giving him an opportunity to make ing. Why, sir, we do not thus condemn unheard the sin1plest cases an explanation. that go before our criminal courts. Every man has a right to be Mr. WAD DELL. Does the gentleman from Mississippi know that heard by himself, or by counsel, or by both. The Constitution ~ar­ Mr. Fitzhugh wrote that letter f · antees that right to him, howQver guilty or insignificant; and 1f we Mr. SINGLETON. I do not know the fact personally, but I am pass this resolution to expel him, he goes out under the ban of this going on the supposition that he did write it. House; and the impression will prevail that we believe him guilty of The SPEAKER pro tempore. The gentleman from Missouri [Mr. all the charges made against him, and you cannot pre-yent the public GWV¥R] has the tloor. Does he yield to the gentleman from Missis- mind from coming to. that conclusion. Why, sir, this case is not more sippi f serious than a dozen ·others that are being investigated. It is said Mr. GLOVER. I have not yielded the floor. that this man hns been guilty of writing an indiscreet letter and that The SPEAKER p1·o tempore. The Chair directs the resolution of he eml}raced in it many things that he had no right to mention; and the gentleman from Missouri to be read as now modified by himself. for this cause alone he should be expelle(l. But connected with it is The Clerk read as follows : a criminal charge which involves ohara<:ter, and, if true, would sub- In view of the foregoing letter written by L. H. Fitzhugh, which has just been ject him, had this char#;e not already been inquired into, to criminal read to this House, without any reference w oth~1· charges made against him, of the prosecution and ignommious punishment. And though this House troth of which the House is not informed, lh8olved, That it is the sense of this Honse that L. H. F'itzhogh is not a proper may declare by its resolution that he is only expelled on account of person to bold the honorable and responsible position of Doorkeeper of tho Holl8e the letter, yet the public mind would fasten itself upon the criminal of Representatives of the United States, and that the said Fitzhugh, as Doorkeeper, charge made, and forever his expulsion would be set down to this be, and he is hereby, dismissed forthwith from that office. · cause. The whole thing ought to be investigated, and the country Mr. RICE. I hope this hasty action will not be taken. h:1.ve the benefit of his explanation. I am opposed to the resolution, ?tlr. GLOVER. If the House does not act upon this question at which goes upon the presumption of guilt, in the absence of all proof, once, the whole day may be occupied in its discussion. I think the and woultl condemn and punish him without the :erivileges extended House unden~tands the merits of the case. · to the common felon. Let the investigation be had, and, if found I have not any doubt in my uwn mind, independent of anything guilty, then let the penalty follow. The resolution ought to be re- contained in these newspaper articles, that the gentleman himself act- ferred to a committee. ing aa our Doorkeeper is unfit to occupy that position. I apprehenu Mr. GLOVER. I now yield three minutes to the gentleman from that all that bas been said about this House and throughout the couutry illinois, [Mr. liA.RRISON.l in the laat few weeks ought to satisfy eve.ry gentleman on this floor :Ur. HARRISON. I ho1ll, Mr. Speaker, that this House baa no right that this is not a case to be investigated. I for one do not want our to investigate charges that have been made against any member or committees to be spending their time during the balance of this ses- officer of the Honse in years gone by. This man comes before us sion in investigating the character of men who impose themselves charged with crimes; but, sir, the very charges state that he was ac- upon this House and delegations from States in this Honse in such a. quitted. What have we to investigate here as to these things f He way as this, not making any explanation of their former hi.St.ory. was charged with arson, and the court found him not guilty. He I call the previous question. was charged with false swearing, and the court said he was not guilty. Mr. CONGER. In regard to the matter to be printed, I ask unani- He was charged with crimes, and upon every charge there was an mous consent of the House that so much of the letter which has been acquittal, and both are on record here. It is not a question for us to read as relates to ladies be stricken out. go into and investigate. If every man who comes into this House, Mr. RANDALL. That is right. . either as a member or officer, has to be brought np on every charge Mr. GLOVER. I accept that suggestion. brought against him by malevolent men to be investigated., we shall Mr. WHITE. I ask that where the names of ladies or of any mem- be investigating to the end of the year. But there is another ques- bers of this House occur blanks be substituted. tion, and that question simply is, shall we· keep Mr. Fitzhugh beret Objection was made. . He Jta.~ written a letter that is pronounced foolish. We probably The SPEAKER ·pt·o tempore. h there objection to the request of the have no rif?ht to dismiss him, and, sir, I desire to offer an amendment gentleman from Michigan [Mr. CoNGER] that all allusion to ladies in to the resolution, that he be requested to resign. the letter as published in the newspapers be stricken out f The Chair Mr. MORRISON. That is what Belknap did. [Laughter.] bears no objection, and it is so ordered. The SPEAKER pro tempore. The Chair would 8ay to the gentle- Mr. GLOVER. I yield a few moments to the gentleman from Mis- man from Illinois that an amendment offered at this time would not sissippi, [Mr. SINGLETON.] be in order, except. by the consent of the gentleman holding the Mr. SINGLETON. Mr. Speaker, there is always a degree of respect floor. · to be paid to officers of this House or to any other officer of the Gov- Mr. HARRISON. I stand here to say that there are committees ernment who has been chosen to fill an important position. Here and investigating all sorts of charges. now is a charge preferred against our Doorkeeper iu the presence of [Here the hammer fell.] the country, by a gentleman who I suppose holds himself responsible Mr. GLOVER. I now yield for a moment to the gentleman from for what he has done, criminal in its natnre, a.n d destructive of good Kentucky. character, involving no less an offense than arson, coupled with a Mr. P ~SONS. :Mr. Speaker, as an act of simple justice to Colonel lesser charge of having written an indiscreet and foolish letter; Fitzhugh, I submit tothe House the following papers and documents which all acknowledge to be the case, and regret was ever written. bearing upon the matters under consideration. .·3070 CONGRESSIONAL RECORD-HOUSE. The Clerk read as rollows: ders, Charles Jones, (colored,) Jnmcs Guest, John Edmiston, Dr. J. D. Pettus, Dr. Thomas Welsh, C. W. Al~xandor, Gcor~e Harden. · [The indictments in Kentucky, and result of the trials.] 1871, .April term. Indictment presented; bench warrant ordered ahd bail 1.-Grand Lart:tmy. awardefl in the sum of $150. LINCOLN CIRCUIT COURT. 1871, .April24. Bench wnrrnnt issued and sent to sheriff Jefferson County. COMMONWEALTH OF KENTUCKY l 1871, October 10. Subprena. for Commonwealth issued. . 1871, October term. Continued against defendants, the said Fitzhugh and said 'll8. L. H. FITZHUGH, JAMES FITZHUGH, AN1J JOHN Fitzhugh. 1 defendants to remain on their bonds. Petition for changeofvenuefiled by Thomas Scott granted him to United Stntes ci.r·cuit court. The grand jucy of Lincoln County, in t-h e name and by the authority of the 1872, .March 15. Subprena for plaintiff issued. Commonwealth of Kentucky, accuse L. H. Fitzhugh, James Fitzhuj!b, and John 1872, .A.prillO. Subprena. to Boyle and to Lincoln for Commonwealth issued and Fitzhurrh of the crime of grand larceny committea as follows, namely: The 'said returned executed. L. H. Fit.zbugh, James Fitzhu~h, and John Fitzhugh did, on the 1st day of Febru- 18i2, .Aprill5. Subpama for Commonwealth issned. ary, 1871, in the county aforesaill, unlawfully and feloniously, st.eal, take, and ~arry lll'i:.!, .A.pril16. Two waiTants of arrest issued for plaintiff. away from the premises of D. W. Jones & Shannon tho followmg-named articles: Subprena for plainttif executed in full and order of aiT68t executed. Three white bed-spreatls, worth more than $4, one dozen sheets, one dozen towels, 1872, .April term. L. H. Fitzhugh filed affidavit·, and prosecution continued for and half a dozen table-cloths, ami various other articles tmknown t{) the jury, of cause shown. Warrant of arrest awarded against George Harden, James Guest, the value of more than~. tho proprrty of sai(l Jones & Shannon, of the value of J. R. Shannon, witnesses for Commonwealth. more than $4 in ,specie, and. converted the same to their own use, against tho peace 1872, October 7. Subprena. for Commonwealth issued to Boyle and Lincoln and and dignity of the CoUllllonwealth of Kentucky. subprena for defendants to Lincoln. • .M. H. OUSLEY, 1872, October 16. Subprena for defendants issued. , .Attonaey for the OomVJ011wealth. 1872, October term. Prosecution continue«l to eighth day of term. Witne.~s On this indictment there aro the followin~ indorsements: . ·• for tlefendants recognized. Warrant of arrest against J. R. Shannon, witncss. .A true bill: H. Robeti3, foreman; .A.prtl 22, 11:!71. Witnesses: D. W. Iones, 1873, February 20. Warrant of arrest a.Painst Harry Singleton issued. Aquilla Payne, John Freland, J. R. Shannon. 1873, Mat•ch J. Warrant returned and oolld filed. 181l,..A.pril term. Inptionally brave ·and generous man, overftowiuu of the accounts of ~brshal Purnell, nor as to'the character of the report 'that I an~ excitable, but in no sense malignant or vicious. "' was authorized to make in the case of that corrupt marshal. I have the honor t() be, your obedient servant, Hon. Messrs. REAGA..'i", CULBERSON, and others. ., L. PEYTON. [From the Louisville Courier...Tournal of April29, 1876.j Colonel L. H. Fitzh:ugh-'Ihe recl:lus Inter-OcMn takes up a gauzy yar-n about Ute Doorkeeper of the House of Representati:ves-The re!Ll fact!J of tM case IJ8 told by LLett~r from Ex-Governor Edmund .T. D3.vis, of Texas.] Mr. T. W. Bullitt, counsel for Fitzii.'IJ{Jh in t"M matter in qtte~~ti•-n-Manujactund political capital. .AUSTIN, TEXAS, Ma.y 4, 1876. One of the Courier-Journal's local force called on Mr. Thomas W. Bullitt yes- DEAR COLONEL: Yours of 28th .April baR been received. I note what von say terday in relation to an ax;ticletelegraphed from Washington to the Chicago Inter- abc;mt that r~scal rurnell and his gan~r trying to injure you by slanderous charges. Ocean, in which were made very damaging statements conceming Colonel L. H. It HI .o. g~cl JOke, 1ndeed, when Purnell attempts that sort of thing: the devil re- Fitzhugh~ Doorkeeper of the Honse of Representatives, and his sons, James and provmg SID. John, botn of whom are in the employ of the Government. The Inter Ocean as- If my indorsement mav serve you with democrats or republicans you are au· smted, with its accust()med recklessness, that, in addition to havin~ served in the thorizeu to say from me th!lt your charact~r has, since your residence in Texas and "rebel army," Colonel Fitzhugh had since -varied his occupation in OVffi o. more my knowled~re of vou, which now covers se'Veral years, been entirely beyond re· disreputable way than in his first great sin. It charged him and his sons with proach. You stanil infinitely above that fellow Purnell and all of his sort"iu every larceny, arson, and false swearing, and published copies of imlictments for each of respect. I trust that no gentleman in either Honse will be influenced in his treat- these alleged offent~es, said to have been committed m KPntuckv, at Crab Orchard ment of you by any of the shmderons insinuations von allude to. While von are a. Springs. The article in the Inter-Ocean was so ingeuiouRly arrin~ed that no men- decided democrat in politics it is but just to say tb3t you are a fair one, and a gen- tion of the fact that Colonel Fitzhugh and his sons were honomoly acquitted is tlem:m. made. How so great an oversiglJt could creep into the statements of the Inter- Mr Britton will send you some papers. Ocean, we have but one solution-it wished to make political capital out of a yarn Vcr.y truly, yours, which they well knew to be without even the semblance of truth. EDMD. .T..DA.VIS. Yesterday a Courier-.Tounial reporter showed to Colonel Bullitt a. copy of the Colonel L. H. FITZHUGH, Wcuhington, D. 0. Inter-Ocean article, and stated to him that he wished to obtain any information Mr. GLOVER. I now yield three minutes to the gentlem:m from concerning the Fitzhugh case that be might be able to communicate, whereupon tho gentleman said: Michigan, [Mr. CONGER.] "I have read the article purporting to be from the Chicago Inter-Ocean, as pub- M.r. CONGER. After the statements which have been made here lished in the Louisville Commercial of this morning, and having been of counsel by.~entlemen on the otl,ler side of the House that this officer was un- for Colonel L. H. Fitzhugh and his sons in tho trial of the indictments published, willing to resign his position with these cha.rges of a criminal nat.ure I acquired in that way quite an accurate knowledge of the facts connected with the cbar~res contained in the indictments. hanging o-v;er him and desired an investigation of whatever matters "Thefirstlll3tetialcircumstance which strikes me in reference to the publication the Honse might require to be investigated, I doubt somewhat if it is, that the record is not published in full, the fact that Fitzhugh antl his sons were would be fair play or justice for the House, after such a request as has acquitted of each charge being omitted. I am unable to perceive how any one been presented by this officer through his friends, to summarily adopt taking a copy of this record could accidentally overlook this fact. The trial of these mdictments was had several years ago, but I believe that my memory is ac- this resolution and expel him without a hearing or without the trial curate in respect to the evidence adduced, as well as to the rulings of the cowt and and examination he has requested and exp~l him from his office and the findings of the jury. Upontheindictmentcbarginglarceny, theconrtperempto. his connection with this House. rily instructed the Jury to bring in a vertlict of acquittal, upon the ground that there was '1W evidence tending to sustain the inuictment. On the. indictment I am not one who believes that the moment a charge is made aaainst for arson the case was allowed to go to the jury, which, after an absence of but a a public m_an ~tis necessary ~or the whole o! the Honse of Rep~nt­ few minutes, brought in a vetrlict of ~uittal. I do not now rememoor whether atives to nse m arms and gtve force and unpetns to the slander, if the indictment for false swe.'lring was dismissed on motion of the Commonwealth it be a slander, or to refuse a fair examination if it is nsked. I am or whether it was brou~ht to a trial, If the latter, it aJso resulted in an acquittal." "In regard ·to the eVIdence I'Cldnced in the support of the indictmentsf' asked one of those who have stood her~ in this whirl and confusion of the reporter. s~nderons reports against political friends of my own, and I have "At this distance of time," resumed Mr. Bullitt, "I would not attempt to give tned to stand cool aud calm and await the results of examinations. the details of the evidence, but believe that I can state accurately its substance. I have demanded it for my friends as I demand it for my foes, for if In each of the cases the priQcipa.l prosecuting witness was one D. W . .Tones, who had been a partner-with Colonel Fitzhugh as one of the proprietors of the Crab there be anything in the character of the American people and if Orchard Springs. It appears from the testimony that the families of Jones and there should be anything in the charooter of the Representatives of Fitzhugh had divided between themselves certain of the bed-clothing and table- the American people it should be that old inherited quality of love furnit.ure belonging to the hotel, for the separate use of their respecti\'"e families. of. fair play and justice to any man, friend or foe, political or other- That used by l!'itzhugh•was kept in a trunk in his private room. When the fire occurred which destroyed tho Springs hotel this trunk was removed, with other of wise. Fitzhugh's property1 to :mother room in one of the buildin$8 not burned. The . Now this reso~ution follows in the wake of long, voluminous crim- trunk was found ana opened by .Tones, and upon this state or facts the charge of mal chMges whieh are placed upon our record. It follows in_ the larceny was prefeiTed. . "In respect to the indictment for arson, the evidence was in substance as follows: wake of criminal indictment placed upon our record. It follows in Colonel Fitzhugh wa.~ not in Crab Orchard, but in Shelbyville-a distance of more the wake of a let~er ~iving secret history, as it alleges, o~ the subject- than one hunili'tld miles by the ordinary mode of travel-on the night of the burn- matter of these md1ctments. Who believes tha.t any man can go 3072 CONGRESSIONAL RECORD-HOUSE. MAY 13, forth to the world with this accumulation of charges, public and pri- three minutes to me, so that I can give the time to the gentleman vate, and ever regain any respect or confidence among his fellow-men from Mississippi, (Mr. LAMAR.] if it is followed by a summary resolution of this House to expel him Mr. GLOVER. If the gentleman considers that I am nuder obliga- from his office, even although there be placed in the resolution of tions to yield to him-- dismissal a denial by the House that it is not for the grave charges Mr. MILLIKEN. I do not say that, but I make the request. referred to in all the previous statementsf Mr. GLOVER. I will yield for three minutes to the gentleman I have had occasion heretofore to breast this curre.nt of what I be- from Missi..'ISippi, [Mr. LAMAR.] lieved to be slander and calumny against my political friends, inau- Mr. LAMAR. I desire only a moment, not . so much to urge any gurated and pressed forward by gentlemen on the other side of this views to influence the vote of others as to disclose the motive which House; and as long as I believe my political friends to be innocent I will control my own on this question. I cannot vote for this resolu- expect to st.a nd there and breast the slanderous and calumnious cur- tion as it now stands. I believe this subject should be referred to a rent with such coolness and calmne88 as I may. I should be unjust committee. I have listened to the suggestion so forcibly put by my to myself, untrue to my own consciousness of w bat is right if I re- friend from Ohio, [Mr. SoUTHARD,] and others, that the action of this fused, when the character of a ma.n is assailed, to allow him the same House now proposed is not directed v.g ainst its Doorkeeper as a result opportunity for investigation that I .r, aml my impression is, although I am Mr. GLOVER moved to reconsider the vote jtlst taken; and also not quite certain, that $220,000 was deemed by the Department suf- moved that the motion to reconsider be laid on the table. ficient for this year. • The latter motion was agreed to. Mr. FOSTER. This is an expense that must be incurred. There POST-OFFICE APPROPRIATION BILL. is no escape from it. The Government must p;ty it. And it strikes Mr. HOLMAN. I move that the House resolve itself into Commit- me the appropriation should be raised. tee of the \Vbole on the state of the Union for the further considera- Mr. HOLMAN. It seems to be a very 1'tfge appropriation, and I tion of the post-office appropriation bill. think it is entirely sufficient. The motion was agreed to. Mr. FOSTER. .If the gentleman thinks so, of course it must be so. The House accordingly resolved itself into Committee of the Whole, Mr. HOLMAN. The amount appropriated heretofore has been (Mr. SPRINGER in the chair,) and ,resum~d the consideration of the bill $300,000, I admit, but that sum ba-s never been expended. I do not (H. R. No. 3263) making appropriations for the service of the Post- 13ee any propriety in appropriating a larger sum than is necessary. Office Department for the fiscal year ending June 30, 1877, and for Mr. FOSTER. The point is this: that . this is an expense which other purposes. must be incurred, and it is a payment to foreign countries; and w.e The Clerk proceeded with tho reading of the bill until be came un- cannot afford to take any risk upon it. The gentleman does not der the heading of" office of the Third Assistant Postmaster-General" charge . ~hat any abuse has grown out of t.his appropriation. It is to the following paragraph: . simply a payment to foreign countries for foreign postages. If the For pay of agents aml ~sistauts to distribute stamped envelopes andnewspaper- sum to be paid is greater than the amount appropriated, the Depart.- wrappel'l!, and expenses of a):Cency $10,000. ment must necessarily be emba.ITassed. lV-193 3074 CONGRESSIONAL RECORD-HOUSE. MAY 13, Mr. HOLMAN. As we appropriat-e about the amount which bas city of New York should be $10,000. It was compromised upon $8,000. been expended, I think it is a safe thing. Now I will not detain the House by any argument in regard to the Mr. POSTER. I withdraw the amendment. absolute necessity of leaving it at $8,000. The Clerk read the following section: I undert::~>ke to sav here there is not a man to be found in New York SEC. 2. That if the revenue of the Post-Office Department shall be insufficient to in any business whatever of the capacity of the present postmaster meet the appropriations made by this act, then the snm of $2,680,906~ or so much there whose services could be secured for any such sum as $6,000 per thereof as may be necessary, bo, and the same is hereby, appropriatea, to be paid annum. I know him personally; I know his devotion to his duty; I on t of any money in the Trea nry not otherwise appropriated, to supply deficiencies have seen him sit at his desk attending to matters of detail to protect in revenue of the Post~Office Department for the year ending June 30, 1877. the Government from loss, and indicating a degree of intelligence, 1\Ir. HOLMAN. The amount in this section will have to be some- fidelity, and busine s capn.city for which $6,000 is no compensation. what increased, and it is difficult at this moment to tell what will be It will be most discreditn.ble to the judgment and discretion of the the exact amount. And inasmuch as the amount here will be afli~cted House, with the responsible duties imposed on the postmaster of by some of the subsequent provisions, I ask that by unanimous con- New York, his salary shall be reduced as here proposed. sent this section may be passed over for the present. Mr. O'NEILL. I wish at the proper time t.o offer an amendment, There was no objection; and the section was temporarily passed so that the paragraph shall read" except in the city of New York over. and the city of Pbila(lelphia, where the salary and compensg,tion The Clerk read the following section: shall be the sum of $6,000 per annum each for the postmasters in those cities." SEC. 5. That the respective compensations of postmasters of the first, second, and Mr. Chairman, I recollect vory well in the last ConO'ress when the third classes shall be annual salaries, assigned in even hundreds of dollars, and payable in quarterly payments, to be ascertain eel and fixed by the Postmaster.Gen- sal:l.ry of the postma-ster of New York wa.s raised to $8,000 by a Sen- eral from their respective quarterly returns to the .Anclitor of the Treasury for the ate amendment. At that time I made a, great effort to satisfy the Post-Office Department, or copies or duplicates thereof, for four quarters immedi- Committee on Appropriations, of which I bad the honor of being a ately preceding the adjustment or re-adjustment, by adding to an amount of the box rents of tl1e office receh·ed or estimated not exceeding $1,200 when the boxes member, that the salary of the postmaster at Philadelphia should be are snpplieestow elsewhere. These are not the evils that the to the American people, growing out of the high salaries we pay. American people are complaining of to-day. We are feeling at this Mr. HALE. Assuming that this day of decadence of pub1ic virtue time the effects of a tremendous war just closed and the convulsions bas set in, aa the gentleman seems to intimate, does he really believe that have come down to us from that war. A. certaip. looseness of that the increMe of salaries for offices under the General Government, public spirit, a certain desire for public gain, has, as I do not deny, setting Mide other advant.ages which I ma,y call illicit advantages, unfortunately crept inro public life; but it is not the allurement of has led to that decadence' Does be believe that the salaries, gener- increased salary that draws men improperly into publie life; it is ally speaking, of officers to-day under the General Government bear not the incitement of too much pay to be received legitimately from any higher relation to actual expenditures than they did in the da.ys the Treasury that has drawn imp:r:oper men into the public service. of simplicity and honor to which he refers f I would like the gentle- It is not this that has given rise to the scandals of the day. The man to answer that question. gentleman from Indiana ought to see this and know it, and should Mr. HOLMAN. I will say this, that in spit~ of the oft-repeated spend his strength in other matters whl3re it is more deserved. statement of the greater value of money in past rears, the compensa. ~Ir. RANDALL. Will the gent.l eman from Maine tell me what is tion in various forms paid to the officials of tb1s Government as a the salary of the governor of Maine Y general thing baa been increased. Mr. HALE. Twenty-five hundred dollars. 1\fr. HALE. Will the gentleman give us an illustration 7 ltlr. RANDALL. Now does not t.he gentleman think that the gov- Mr. HOLMAN. While I do not conceive that there is a general ernor of a State like Maine should have quite aa much salary as the decadence of public virtue-for there is a great mass of people of this postmaster in any city other than New York T country who have no political aspirations beyond that of seeing their Mr. HALE. I :un not making the application specially; hut I am Government well and honestly administered, a great mass composing glad that my friend baa referred to the salary of the governor of indeed the great body of the people of this country-still my friend Maine. It was formerly 1,800; and $1,800, the snm fixed by the from Maine [Mr. HALE] cannot deny the fact that the extraordinary fathers of the State when the constitution was framed in 1820, was struggle for position of recent years has been largely induced by mo- as to the purposes to which the money could be applied and the tives which in past yon.rs were not deemed proper motives in a strug- things it would purchase, double the $2,500 which was :fixed by the gle for public position. Legislature of Maine ten years ago, when I was a member of that [Here the hammer fell.] body. The salary to-day is sllllloll, too small. Mr. HALE. Mr. Chairman-- :Mr. RANDALL. The salary of the governor of the State of Massa- Mr. HOLMAN. It is not simply the amount of money formerly chusetts is $5,000; that of the governor of Michigan, as I am informed, paid for salaries, but the countless other forms of compensation that is only $1,000. tend toward the demoralization of the public officers of the Govern- :Mr. HOAR. I wish to make one statement, which I think may not ment. I would have those salaries enough to be a fair compensation be uninteresting, in illustration of the point made by my friend from for the services rendered and to secure integrity and efficiency in Maine. It will aid in giving the means to compare the salaries paid every Department of the Government ; but I would go no further to public officers at the beginning of this century with the earnings than that. I would measure salaries by the compensation received of the people in other walks of life which were well paid. by citizens in the private employments of life possessing correspond- The city of Boston at the beginning of this century was the second ing qualifications. Whenever you go beyond that, you bring into city in the Union. It was surpassed by none in wealth _and general 1876. CONGRESSIONAL RECORD-HOUSE. 3079 scale of living. It had a vecy large India trade, very large com- Now, the question presented here is whether the postmaster at New merce, and very large business with the interior. One of the famous York shall be singled out and made an exception to a general princi- India merchants of that day is said to have had twenty ships in ple, or whether a general principle shall be applied which wm en- Holmes's Hole at one time. courageofficers in other cities to become equally valuable and efficientf Christopher Gore was one of the most eminent lawyers of that day. I come to the conclusion we should not deal by exception. We ought He was minister to England under John Adams. He thought of re- to deal as far as possible by general laws based upon general princi- signing his office, and he wrote home to Fisher Ames, then the most ples, and hence I think the amendment offered by the gentleman from eloquent and able advocate of Massachusetts and one of the greatest Missouri on my right [Mr. CLARK] is a proper one to be adopted, for orators that ever lived, a-siting him what he could hope to earn at the I should be glad to see the same re-sults we have by accident achieved ba,r if he should resign his office as minister to England and come in the city of New York achieved elsewhere and in every city through- home. The letter which Mr. Ames wrote in reply is preserveu. He out the country. Therefore, Mr. Chairman, I trust this amendment tells Mr. Gore that be will have no competitor at the New England will prevail. In any event I think I am safe in protesting in behalf bar except himself and Samuel Dexter, then one of our ablest lawyers, of the business people and the entire population of the city of New w bo, as gentlemen will remember, was afterward Jefferson's Secretary York against any reduction in the salary of the present very valuable of t.he Treasury. They three, he said, would share the principal-law and efficient postmaster. business of that commercial city; and he assured Mr. Gore that he [Here the hammer fell.] might we~ hope in a very short time to earn an income of $1,500 a Mr. RANDALL. I wish to remind the gentleman from New York yea,r I Mr. Gore resigned his office and came home. He earned such that his Stale Legislature does not a~cord with his sentiments as to mcome-I do not know what-as might be expected; he lived in af- tho manner of paying its public officers. The salary of the governor fluence, and left a beautiful country-seat, which is still to be seen, in of the great State of New York, like the salary of the governorof the the neighborhood of Boston. Sta~ of Ohio and many other States, is only $4,000. Thomn-s H. Perkins, the most famous and wealthy merchant of Mr. HEWITT, of New York. The gentleman will excuse me, it is Robton, went to New York about the same time and consulted Alex- $10,000. ander Hamilton, a year or two before his death, about a case involving Mr. Ril"DA.LL. Here I have it at $4,000. the entire value of an India. ship and its costly carg1>. Mr. Hamilton Mr. HEWITT, of New York. I cannot help what you have, the examined the question with great care, for the question of law was a salary is $10,000. ' difficult one; and for that opinion he cha,rged the enormous sum of .Mr. RA.l~DALL. Then it has recently been changed. 20! Chief Justice Parsons, than whom there wa-s never a greater in- Mr. HEW~TT, of N.ew York. It bas been chanued and it is $10,000, t ellect on this continent, before he went upon our supreme bench a,r- and the salary of the governor of New Jersey is l5,ooo, having been gued in the neighborhood where I was born the case of the will of changed last year. General Rutter, involving the entire property in what in those times Mr. RANDALL. I know the salary of the governor of my own wa a very large estate. He ca.me from Boston twenty miles, and State, that poor tax-a.nd-ring-ridden State, is $10,000, and I did not delivered a most extruonlinacy argument, the tradition of which still think it was as high anywhere else. lingers in that neighborhood; and for that argument he received $20! .Mr. O'NEILL. I think I would leave out the "poor tax:-and-ring- Certainly, if you compare the compensation of the best paid pro- I'idden" epithet. fession in t.hose days with the official salaries received at that time, Mr. RANDALL. I think not. and then compare the salaries of this da.y with the income-s of the Mr. O'NEILL. It was in the earlier days, during the ascendancy of great lawyers of our commercial cities-New York, Boston, PhHadel- the loco-foco party, a fearfully tax-ridden State. The republican phia-I do not think there will be found auy ground for the belief that pa,rty has taken oft' the taxes, and I think the gentleman had better there bas been a degradation of our public virtue by raising unduly state that fact. the salaries of our officials. · Mr. RANDALL. I would like to leave out the statement I made, Mr. HEWITT, of New York. If the gentleman from Massachusetts but it is too true. will withdraw the amendment I will renew it. • Mr. O'NEILL. The gentleman will not assert in thfs committee .Mr. HOAR. I withdraw the amendm.e nt. that there is a State tax in Pennsylvania. 1\lr. HEWITT, of New York. I renew it. Mr. RANDALL. I assert if your State treasury was examined It seems to me, Mr. Chnirman, that the'· gentleman from Indiana, many men would be or ought to be in the penitentiary that are now [Mr. HOLMAN,] in charge of the bill, has laid down what I regard as out of it. a proper standard of compensation for pmblic service; that public of- Mr. O'NEILL. I assert that the State treasury has been examined, :fleers filling responsible positions should be paid in proportion to the and that the republican party which bas controlled the State of Penn- service of men of equal talent, character, an(l standing in private sylvania for :fifteen years has reduce(l the debt put on it by a loco-foco life. I accept that statement fully. The tronble which I see in the administration from $40,000,000 to $20,000,000. The gentleman can- gentleman's argument is this, that he undertakes to export t.he rates not deny that. of compensation which prevail in his own State to other localities Mr. HOLMAN. To bring about a re-storation of harmony, I sug- where different rates of compensation exist. I am very familiar with gest that the debate close on this amendment. And I hope the com- the salaries paid for service in private life in the city of New York, and mittee will leave no high salary aa a fulcrum on which to raise the I can say the salary which t.he postmaster ofthat city receives, $8,000 others. :per annum, is a low salary compared with what a man of similar abil- The question being taken on the amendment of Mr. CLARK, of Ity, :fidelity, character, and general capacity to deal with the peculiar Missouri, there were-ayes 37, noes 44; no quorum voting. duties which he has in hand would receive in private life. As arule Mr. CHITTENDEN. I raise the point that a quorum has not voted. the salaries of presidents of banks are 10,000. The salaries of most I regard this question as one of great importance. ca-shiers of banks in New York are $10,000. Some, however, receive Mr. RANDALL. You are for economy; are you notY Why raise 8,000, and in smaller banks some receive a.s low as $5,000; but in the pointl any bank entitle<;l to be considered a :first-class bank the salary is not Mr. CHITTENDEN. I insist on it. less than $10,000 per annum. The CHAIRMAN. A quorum not having voted the Chair will or- Now the analogy which is sought to be establishecl between the der tellers, and appoints the gentleman from Illinois, Mr. CANNON, compensation paid for business service and the compensation which and the gentleman from Missouri, Mr. FRANKLIN. is paid to men chosen to fill high positions of honor does not apply The committee again divided; and the tellers reported-ayes 38, to the case of the postmaster at New York. It is simply a business. noes 47. position, and I am glad, as t~e occupant of that office to-day happens Mr. MAcDOUGALL. I insist upon a quorum. to belong to the party to wbrch I do not belong, to be able to bear tes- ~Ir. HOLMAN. I hope the gentleman will not dothat. Let us get · timony here to the fact that he has discharged his duty with an ac- on with the bill. ceptance so great that no man, democrat or republican, in the city of Mr. MAcDOUGALL. If the gentleman will allow a vote on this New York desires his removal. [say that the institution itself is on amendment in the House I will not insist upon the point that a quorum a seale of such magnitude it would be a blunder of the grossest char- has not voted. · acter to remove or to do anything which would cause the resigna- Mr. RANDALL. You will be beat all the worse in the Honse. tion of a man so eminently fitted to discharge the clifficult duty of Mr. MAcDOUGALL. I cannot help that. that position. · Mr. O'NEILL. I would like to have the salary in the Philadelphia The post-office of the city of New York differs from the post-office office made $6,000, and I desire to have a vote of the Honse on that of any other city in this country. It is the entrepot of the foreign trade also. of this country. Foreign commerce centers there and foreign cor- 1\Ir. HOLMAN. As I stated a little while ago, if you once get on~ respondence and foreign mails pass through that office. The manage- salary a little higher than the others that is used as :J.fnlcrum on which ment of that institution is extremely difficnltj and while I do not to raise the others. wish to say anything in derogation of the omcers who have filled Mr. RANDALL. I suggest to the gentleman from Pennsylvania that place prior to the present postmaster-and I do not forget that that he had better let New York go ahead and drag Philadelphia after among them was General Dix-I say in my day no man has exhibited it next year. the capacity to deal with the difficult dutie-s of that office as the 1\fr. O'NEILL. If the gentlemap will set about dragging it up at present postmaster of New York has dealt with them. I can say, if any time, I will be glad to help him. I hope the gentleman from In- such service could be secured in private life for the sum of $8,000 a --diana will aUow us to have a vote on this amendment in the House. year, the person who could get them would deem himself extremely Mr. RANDALL. If we go on we can finish t.he bill to-night. fort unrtte. M.r. O'NEILL. That is what we want to accomplish. But this is 308() · CONGRESSIONAL RECORD-HOUSE. ~i.A.Y 13, a very important point in this bill, and gentlemen wa,nt to vote upon views of the Post-Office Department in the main, and this is simply it iu the House; .md I think in the aceommodating spirit in which one of the suggestions of the First Assistant Postmast,er-Gener!11. I the gentleman from Indiana is now he will a.g.ree that it shall be believe this propm;itiou received the unanimous assent of the Com- voted ou. And we can then go on with the l1ill anu finish it. mittee on Appropriations a-semanatingfromasource on which we could Mr. RANDALL. The important point in this section is involved implicitly rely, and it seern.s reasonable that if the po tmaster fur- j nst here, in keeping the salary of the postmaster at New York where nishes the boxes we should gfve him a proportion of the rent, but it is. : that if the Government furnishes the boxes it is right that tho Gov- Mr. llbcDOUGAJJL. I move that the committe rise. ernment should derive the benefit from them; but beyond that I sim- The question being taken on Mr. MAcDouGALL's motion, there ply rely upon this argument of the First Assistant Postmaster-Gen- were-aves 17, noes 55. eral in behalf of this provision, and I trust that it will not be stricken Mr. HOLMAN. Under duress, rather than let the committee rise out. If it be stricken out, it will involve a further modification, or and have the public business suspended, we will have to agree that we shall find that the reduction in expenses is very trifling. a vote be taken iu the House on this amendment. [Hem the hammer fell.] The CILURl\lAN. If there be no ohjection, with that understand- Mr. MAcDOUGALL. I renew the amendment, and yield my time to ing the Clerk will proceed with the reading of the bill. the gentleman from illinois, [Mr. CAJ<.TNO~.] Mr. CANNON, of Illinois. Before we leave this section I desire to Mr. CANNON, of illinois. I would not take the time of the Hon e offer the following amendment: about this matt.er if it was not of great importance to some small cities In line 11, section 5, strike out these words: "and two-thinls of the box-rents;" of from three to ten thousand inhabitants in my section df the coun- so that it will read: ".And not to exceedel,OOOwhen the boxes are not supplied and try, and indeed I believe all over the country. The gentleman is right owned by the postmasters." about the recommendation of the First Assistant Postmaster-General, I think, if the gentleman from Indiana will listen to a statement as but he does not state it all. The original bill drawn up by the Fir t to the practical operation of this amendment, he wm a-ssent to the Assistant Postmaster-General :fixed the limit to box rents at $1 500, striking out of tho e words. Under the law as it now stands-and it which would give to the postmaster 1,000 when the Government owns is not proposed to change it--where the compensation of the postmas- the boxes; bnt the gentleman has cut that down to $1,000, which en- ter is $2,000 the Postmaster-General may make an aJlowance for clerk tirely changes the character of the proposition. hire, but not where the compensat.i on is unuer 2,000; and it is the I wish to say that while I have great respect for the Postmaster- same iu regard to rents, light, and fuel. Now under the operation of General and for the Assistant Postmaster-General I do not consider this bill greatly cutting down the class of salaries between 1,500 and them by any means infallible, a.nd in offering this amendment I only $4,000, and cutting down the commissions to 1,300 and no more, and do what the Committee on the Post-Office and Post-Roads unani- box rents to $1,200, where the boxes are owned by the postmasters, mously agreed should be done. We considered the bill prepar-ed by and two-thlrds where they are owned by the Government not exceed- the Post-Office Department with the view to cut down expenses with ing 1,000, the salaries in many of the offices will be cut down below great care and diligence. I believe, Mr. Chairman, that Jacksonville, $2,000, and it will be out of the power of the Postmaster-General to Illinois, is in your district, being a city of twelve thousand people and give clerk hire where it may be absolutely necessary. the salary of the postmaster in that city will be cut down by this bill There is a large class of offices in the country, in towns having below 2,000 because the box rents added to the commission,q of 1,300 from five to ten thousand population, whore, from the location of the would not make $2,000, ann the same will be the case atCharnpaignand post-office, by competition the citizens have leased the rooms to the at Decatur, cities of from six to twelve thousand inhabitants, and so it Government rent free, or at a nominal rent, and also fitted up the is all over the country with a few cities here and there. boxes. For instance, there is in my district one such office at Deca- I do not want to be misunderstood. I am not opposing the cutting tur, there is one also at Champaign, and one I understand at Evans- down of salaries for postmasters, but am opposing the unjust dis- ton, and one at Jacksonville. Now Champaign is n city at which is cri ruinations made by this bill, where offices and boxes have been fur- located the Industrial University; it is a city of six or eight thousand nished free or at a nominal rent to the Government the salarie will people. The revenue in round numbers is $10,000; the commissions be cut below $2,000 and in such cases no allowance can be made for under this bill to the postmaster are $1,300. The box-rents in fact a.re clerk hire, and at offices like Decatur, Illinois, n·om two to three $500; two-thirds of those going to the postmaster under this bill, so clerks are absolutely neces ary to run the office. the compensation of the postmaster will be largely under $:2,000; and Now I say that it is but fair and reasonable that all the box rents the Postmaster-General therefore, under the law, will have no power up to $1,000 where the Government owns the boxes· should go to the to make an allowance for clerk hire; yet it will be impossible for one postmaster, this bill allowing all the box rents up to $1,500 to go to man to perform all the duties of the office. It is the same thing at the postmaster where the Government does not own the boxes. I do Decatur and the same at Jacksonville. not desire to mult.iply words about this matter if I have made myself Now, then, the Government in fnct only owns the boxes at a few understood. large offices; that is, in fact, they only have borne the expense of Mr. HOLMAN. We wish to stand by the Postmaster-General. fitting them up in cities like Indianapolis, Saint Louis, and a. few Mr.C~TNON, of illinois. But you do not stand bythe Postma ter- others. So there is no equity in these small cities where the boxes General. You blow hot out of one corner of your mouth and coid out do not iu fact cost the Government anything in only giving the post- of the other.. You quote the Postmaster-General to sustaiu you when master two-thirds of t.he box rents and in no event over $1,000, and you must know he was writing about another proposition. If you in other cities of sa.me size allowing the postmaster to have all the will stand by the Postma-ster-General I would not object, but you do box rent up to 1,500. not stand by him, because you have cut his estimate down $500 on :Mr. HOLMAN. Mr. Chairman, at the last session of Congress the box rents, when boxes were owned by the Government. As the bill post-office appropriation bill contained a clause making it the duty came from the Postmaster-General it provided that two-thirds of the of the Postmaster-General in his annual report to suggest to Congress box rents, not to exceed 81,500, should go to the postmaster, and your some mode of reducing the expenses of the Post-Office Department. bill provides two-thirds of the box rents not to exceed $1,000. Now Mr. CANNON, of Illinois. Allow me one word ; I yield the ~entle­ I do not wish any proposition to be carrie(l which would cripple the man the balance of my time on the condition that he will giVe me cla-ss of cities to which I have referred, and with all due respect to one minute to reply. _ New York, Boston, and Chlcago, I apprehend that that cla s of cities The CHAIRMAN. The time of the gentleman from illinois has em bracing a population of from five to twelve thousand people ought expired. not to be crippled in their postal service becau e under the law the Mr. HOLMAN. Under that instruction to the Postmaster-General Dep:rrtment cannot give them clerk hire, fuel, or anything else nnless two mea-sures came before the House, one a bill containing substan- the salary, made up of commissions and box rents, amounts to 2,000. tially the principle of the bill now before the House and the other in [Here the hammer fell.] relation to the transportation -of the mails. General Marshall, the The question was taken on :Mr. CANNON'S amendment; and there First Assistant Postmaster-General, submits the following report in were-ayes 37, noes 34. favor of this provision of this bill. The language of the law is: Mr. CANNON, of illinois. No quorum has voted. When boxes are not supplied or owned by tho postma.ster, two-thirds of the rent Mr. HOLl\fAN. 0, do not break up the committee. are to be allowed to him. . l\lr. CANNON, of illinois. I will break it up, sure, upon this matter. The First Assistant Postmaster-General, Mr. Marshall, says: Tellers were ordered; and Mr. CANNON of Illinois, and .Mr. HART- It haa seemed to me that a just discrimina.tion might be made, so far as compen- RIDGE were appointed. sation is ooncemed, between those postmasters who themselves incur the expense The oommitt.ee again divided; and the tellers reported-ayes 32, and risks of supplying their offices with boxes, &o., and those for whom these noes 39. sources of income are supplied. My plan, therefore, reserves for the use of the .Mr. CANNON, of illinois. No quorum has voted. Government one-third of tho box rents acoruing at an office where the boxes are not supplied and owned by the postmll4:!tor. The CHA.IRMAN. Does the gentleman make that point of order! To secure a generai reduction in the amount of compensation, affecting mostly Mr. CANNON, of illinois. I do. the grade of postmasters whose compensation has been the subject of complaint as The CHAIRMAN. The point of order is well taken. No quorum out of proportion to the business of their offices, and of the compensation paid to State officials and business men of their localities, I have reduced the maximum having voted, the amendment is not agreed to. limit from $2,000, commissions on revenue, and $2,000, of box rents, to $1,500 each, Mr. CONGER. Do I understand the Chair to announce that be- thus making the limit of compensation from these 3,000, instead of $4,000 as at cause no quorum has voted, the amendment was not agreed to 'I present; which limit is still further reduced by $500 where tho boxes forming the The CHAIRMAN. When there is no quorum voting, there is no basis of revenue are not owned and supplied by the postma.ster. decision of the question. • Now, the Committee on Appropriations, and I presume the same is Mr. CONGER. I understood the Chair to say that for that reaso'l true of the Committee on the Post-Office antl Post-Roads, adopted the the amendment was lost. 1876. CONGRESSIONAL RECORD-HOUSE. 3081 The CHAIRMAN. The Chair decides that the amendment was lost Mr. HOLMAN. I hope the Chair will announce the number of mem- for want of a quorum. bers present. MT. HOLMAN. That is better than a call of the House. The CHAIRMAN. The Chair will do so as soon as the Clerk has .Mr. RUSK. We hnd lJett.er quit, as we have no quorum. made up the count. Mr. CONGER. I did not distinctly understand the Chair. Does he Mr. BLACKBURN. I did not fully understand the ruling of the decide that because there is no quorum voting the amendment is lostf Chair in reference to the calling over of the list of absentees. Does The CHAIRMkN. The Chair announced that the vote upon the not the rule require that as soon as the cn.ll of the roll is completed a.meudment was in the negative. But when the point of order is the names of the absentees shall be called¥ made that no quorum has voted, there is no decision of the question The CHA.IRMAN. They will be reported to the House. at alL Mr. BLACKBURN. Can the report of absentees be made to the Mr. CONGER. The gentleman from Illinois [Mr. CANNON] did House until the names of those absentees have been called over by make the point of order that there was no quorum voting. the Clerk under the rule f The CHAIRMAN. And t,be Chn.ir sustained the point of order. The CHAIRMAN. The Chair will call the attention of the gentle- Mr. HOL!\-fAN. Will the gentleman from illinois [Mr. Cru'rnON] man from Kentucky to Rule 106, which provides: consent that a. vote be t.aken upon his proposition in the House Y Whenever the Committee of the Whole Honse on the state of the Union, or t.he Mr. CANNON, of Illinois. No; and for the reason that I am cer- Committee of tho Whole House, finds itself without a quorum, the Chairman shall tain, if gentlemen can he made to tmdersta.nd his proposition, he cause the roll of the Honse to be called, and thereupon the committee shall rise, and the Chairman shall report the names of the absentees to the Honse, whichsha.U will not get a. baker's dozen to vote for it. bo entered ou the Journal. Mr. HOLMAN. The gentleman will not be very apt to get his mea-sure through if he goes on in that way. Mr. BLACKBURN. I am notmn.kingapointof order; lam simply Mr. CANNON, of Illinois. I am making no threats; but I do not inquiring whether it is not the general rule of the House that aftor think the gentlemn.n himself understands the scope of his own prop- the rcll-call is concluded every member has the right to be recorded osition. upon the assurance that he wns within the bar of the House before Mr. HOLMAN. It is because I do understand it that I :un against the last name on the roll was called and ·whether any member ca.n yon under the present proceedings be deprived of that right t The CHAIRMAN. The Chair begs to inform the committee that The CHAIRMAN. The rule does not apply in this instance. he baa the floor. The committee rose; and the Speaker pro tempore having resumed Mr. HENDEE. Then I call for the regular order. the chair, 1\Ir. SPRINGER reported that the Committee of the Whole The CHAIRMAN. When the committee finds itself without a quo- on the state of the Union having had under consideration the post- rum, it is the duty of the Chair to direct the Clerk to call the roll of office appropriation bill, had made some progress thereon, but fin cling members, in orcler to ascertain who are n.bsent. itself without a quorum the Chairman had caused the roll to be call ell, Mr. FOSTER. Is a motion that the committee now rise in order T and now reported the absentees to the House. The CHAIRMAN. That motion is in order. The SPEAKER pro tentpm·e. The roll of absentees will now be called. Mr. MAcDOUGALL. Mr. Chairman- If it should be found that a quorum is present, the House will at once Mr. FOSTER. Then I move that the committee now rise. resolve itself again into Committee of the Whole. Mr. HOLMAN. I hope the gentlema,n will not make that motion. The Clerk proceeded to call the list of absentees. During the call Mr. FOSTER. It is now after four o'clock. the following-named members answered to their names: Mr. BAN- The CHAIRMAN. The Clerk will call the roll. NING, Mr. BLA..l'fD, Mr. BooNE, Mr. CALDWELL of Tennessee, Mr. DE Mr. MAcDOUGALL. Why shoulu the roll be called T BOLT, Mr. HENKLE, ~Ir. HOSKINS, Mr. HUNTON, Mr. MILLs, and Mr. The CHAIRMAN. The Clerk will read the rule. SAYLER. The Clerk read as follows: During the reading of the names, Whenever the Committee of the Whole Honse on the state of the Union, or the Mr. WILSON, of Iowa, said: I submit that the list now being read Committee of the Whole House, finds itself without a. quorum, the Chairman shall is the report from the Committee of the Whole of the members ab- cause tho roll of t.he Honse to b() called, and thereupon the committee shall rise, sent in committee; and gentlemen have no right now to answer to and the Chairman shall report tho names of the absentees to the House, which shall their names. be entered on the Journal. The SPEAKER pro tentpote. The Chair will ascertain whether there Mr. CANNON, of Dlinois. I think I can submit a proposition thn.t is a quorum present. will settle this difficulty. Subsequently during the rending, The CHAIRMAN. The Clerk will call the roll. Mr. HENDEE said : I wish to inquhe as a question of order Mr. FOSTER. What has become of my motion that the committee whether it is proper at the present stage of proceeding to allow mem- riset bers to be recorded upon the roll as present who were not present in Mr. CANNON, of illinois. If the gentleman from Indiana [Mr. Committee of the Whole when the roll was called. HOU1AN] will allow us to go back one paragraph-- The SPEAKER pro tentpere. The Chair understands that these Many MEMBERS. Reguln.r order. members were present. The CHAIRMAN. The Clerk will call the roll. Mr. HENDEE. I understand that by the rules the only object of Mr. FOSTER. What has become of my motion that the committee this proceeding is to determine whether a quorum wa,s present in now rise? Committee of the Whole, and that if, when the Chairman of the Com- The CHAIRMAN. When the Committee of the Whole finds itself mittee of the Whole has made his report to the House, there is no without a quorum, it is the duty of the Chair to direct the roll to be quorum, the only motion or business is for a call of the House or to called. a.djourn. :Mr. FOSTER. I thought the Chair entertained my motion that The SPEAKER pro tempore. The Chair would suppose that the list the committee now rise. of absentees might properly have been called over in Committee of The CHAIRMAN. The Chair had recognized the gentleman from the Whole. New York, [Mr. MACDOUGALL.] The Clerk will call the roll. Mr. HOLMAN. I move that the House adjourn. The Clerk proceeded to call the roll, and the following members failed to answer to their names : STOCKBRIDGE RESERVATION, WISCONSIN. Messrs. Adams, Anderson, Ashe, Atkins, George A. Bagley, John H. Baker, Will- Pending the motion to adjourn, iam H. Baker, Ballou, Banks, Banning, Barnum, Bass, Beebe, Blaine, Blair, Bland, The SPEAKER pro tentpore, by unanimous consent, laid before the Bliss, Blount, Boone, Bradford, Brirrht, John Young Brown, Horatio C. Burchard, House a letter from the Secretary of the Interior, requesting legisla- Samuel D. Burchard, WilliamP. Cal'awell, Candler, Cason, Caswell, Cate, Caulfield, tion to authorize the sale of logs on the Stockbridge reservation, Ch'lpin. Chittenden, John.B. Clarke of Kentucky, Cowan, Crounse, Danford, Da,is, Davy, DeBolt, Denison, Dibrell, Douglas, Eames, Egbert, Ely, Faulkner, Finley, For- Wisconsin; which was referred to the Committee on Indian Affairs. noy~Fort, Freemnn, Frost, Garfield, Gause, Gibson, Goode, Goodin, Gunter, Robert EDUCATION OF POTTAWATOl\UES. H . .tla.milton, Hancock, Benjamin W. Hatris, Henry R. Harris, Hat-cher Hays, Henderson, Henkle, Horeford, Hill, Hoge, Hooker, Hopkins, Hoskin~, Hubbell, Hun- The SPEAKER p1·o tempore also laid before the House a letter from ter, Hunton, Hurlbut, Hyman, Jenks, Frank Jones, Joyce, Kasson, Kelley, Kim- the Secretary of the Interior, requesting legislation to render available ball,. Kmg, Knott, Lamar, Franklin Landers, Lane, Lapham Lawrence, Levy, certain funds appropriated J untl 2-2, 1874, for educational purposes for LeWis, Lord, Lynch, L. A. Mackey, Magoon, MoF:uland, McMahon, Metcalfe, 1\lil- liken, .Mills, Money, Monroe, Nasn, Neal, Norton, O'Brien, Odell, Oliver, Packer, ~ottawatomies; which was referred to the Committee on Appropria- Page, Parsons, Payne, Phelps, John F. Philips, William A. Phillips, Pierce, Piper, tiOns. Platt, Purman, Rainey, Rea, Reagan, James B. Reilly, Rice, Ridnkrupt law; which was re- la.te captain of Company C, First M:tryland Cavalry Volunteers; ferrerl to the Committee on the Judiciary. A bill (H. R. No. 3179) granting a pension to Thomas F. Wildes, Mr. MAXEY presented a petition of citizens of Alvarado, Johnson late lieutenant-colonel One hundred a.nd sixteenth Regiment Ohio County, Texaa, praying for the establishment of a mail-route from Volunteers; and Waxahachie, Ellis County, by way of Alvarado to Cleaburn in John- A bill (H. R. No. 3180) gmnting a. pension to Oscar S. Collins. son County, Texa-s; which was referred to the Committee on Post- The bill (H. R. No. 612) to carry into effect a convention between Offices and Post-Roads. the United States a.nd His Majesty the King of tho Hawaiian Islands, The PRESIDENT pro tempore presented the memorial of John A. Mor- signed on the 30th day of January, 1875, wa.s read twice by its title row and other citizens of Benzonia, Michigan, remonstrating against and referred to the Committee on Foreign Rehtions; any change in the present law for the settlement of pensions in spec- The bill (H. R. No. 2952) authorizing the Commissioner of Pat-ents ified localities throughout the country; which was referred to the to rehear the application of Stephen V. Benet for patent for car- Select Committee to Examine the Several Branches of the Civil tridges was rea.d twice by its title :wd referred to the Committee on Service. Patents; LOUISIANA INVBSTIGATION. The bill (H. R. No. 2953) for th~ relief of Hugh W. Mercer waa Mr. WEST. I am instructed by the Committee on Appropriations, rea.d twice by its title and referred to the Committee on the Judi- to whom was referred the bill (H. R. No. 3368) appropriating 9,000 ciary; and to pay the expenses of the Select Committee to Investigate the Fed- The joint resolution (H. R. No. 111) aa to the printing of the del in-eral Offices in Louisiana., to report it without amendment, and I ask qnent-tax list of the District of Columbia ior 1875 was road twice the un:tnimous consent of the Sena.te to put the bill on its passage. by its title and referred to the Committee on the District of Columbia. By unanimous consent, the Senate, as in Committee of the Whole, PETITIONS AND MEMORIALS. proceeded to consider the bill. . The bill was reported to the Senate without amendment, ordered to Mr. KEY presente£1 the petition of Sa.mnel Marsha.ll, late of Com- a third rea.ding, read the third time, and passed. pany E, Second North Carolina Mounted Infantr.v Volunteers, pray- ing to be relieved of the charge of desertion; which was referred to REPORTS OF COIDfiTI'EES. the Committee on Military A:tl'<~.irs. Mr. WRIGHT. I am instructed by the Committee on Claims, to Mr. CONKLING presented resolutions of the Chamber of Commerce whom was referred the bill (H. R. No. 2693) for the relief of Joseph of the State of New York, in regard to the navy-yard at New London, Anderson, of Nashville, Tennessee, to report it back adversely and Connecticut, and in bvor of its pre!!erva.tion; whi~h were referred to recommend its indefinite postponement. I am requested to ask that tho Committee ou Nava.l Affairs. the bill go upon the Calendar. He also presented resolutions of the Ch~mber of Commerce of the .Mr. DAVIS. I believe it is understood that that bill shall go upon State of New York, rebtive to silver coinage ::md in favor of the the Calendar with the adverse report of the committee. adoption of measures authorizing the President to call an interna- The PRESIDENT pro ternpore. That order will he made, if there tional monetary conference in the United States during the present be no objection. yen,r; which were referred to the Committee on Finance. Mr. DAVIS. There is a written report, I take it. He a.lso presented resolutions of the Chamber of Commerce of the Mr. WRIGHT. A written report accompanies the bill. State of New York, relative to the signal service; which were re- Mr. DAVIS. I ask that the report be printed. ferred to the Committee on Commerce. The PRESIDENT p1·o tempore. The report will be printeu under the He also presented the petition of John R. Geary, vice-consul of the rule. United States at Malaga, Spain, praying to be re-imbursed for moneys Mr. ·wRIGHT, from the Committee on Claims, to whom was referred expended by him for the relief of John Somers Smith, late United the bill (S. No. 476) to 2.mend the fifth section of the act entitled "An States consul at that place; which waa referred to the Committee on act making appropriations to supply deficiencies in the appropriations Claims. . for the service of the Government," :tpproved May 18, 1872, and to Mr. SHERMAN presented a. memorial of the officers and members extend the time for the presentation of chLims for cotton seized after of the Zanesville Academy of Medicine, ZanesvilJe, Ohio, remonstrat- the 30th day of June, 1865, reported adversely thereon; and the bill ing against tbe passage of the bill to incorporate the National Sur- was postponed indefinitely. gica.l Institute of the District of Columbia; which was referred to He also, from the same committee, to whom was referred the bill the Committee on the District of Columbia. (S. No. 784) for the relief of Enoch Totten, administrator of the estate He a.lso presented the petition of William L. Riley, of Washington, of William A. Lloyd, deceased, reporlied it with amendments, and sub- District of Columbia, praying compensation in the sum of $255.75 mitted a report thereon; which was ordered to be printed. for one thousand and twenty-three cubic yards of earth deposited He also, from the same committee, to whom was referred the bill upon the grounds of the Smithsonian Institute; which was referred (S. No. 372) for the relief of J. L. ReQ11a, S. B. Hubbard, and others, to the Committee on Appropriations. submittedanadversereportthereon; which wasorderedto be printed, Mr. CRAGIN presented a memorial of the officers of :he Board of and the bill waa postponed indefinitely. Trade of the city of Portsmouth, New Hampshire, and 80 other citi- He also, from the same committee, to whom was referred the peti- zens of Portsmouth, representing that for the safety of veSI:!els enter- tion of Consider Parish, of Hinds County, Mississippi, praying com- ing the harbor at that place there is need of a steam-whistle at Whale's pensation for cotton and other property taken during the late wa;r, Bat' k Lfght, and praying that a suitauJe one be located there; which submitted au adverse report thereon; which was agreed to and or- Wfi8 refened to tho Committee on Commerce. dered to be printed. CONGRESSIONAL RECORD-SENATE. MAY 15, He also, from the same committee, to whom was referred the peti- If I remember correctly, this morning he presented additional testi- tion of David Klein, a citizen of New York City, praying to be allowed mony in regard to these claims. The committee agreo npon these a royalty for the nse by the United States authorities of his patent three cases, and are prepared to make a report; but if th1.1 Sen:1tor for ponton bridges, asked to be discharged from its further consider- from West Virginia prefers, I will withhold the reports for the pres- ation ; which was agreed to. ent until we examine the additional testimony. . Mr. WRIGHT. The same committee, to whom was referred the bill Mr. DAVIS. I think that wouhl be the proper conrse to pnrsue iu (S. No. 477) to re-imburse the loyal owners of the steamer Planter for view of the additional evidence which I presented this morning and the sale of that vessel by t.he Government, have instructed me to re- also a petition from the same parties in support of their claims. I port it adversely and rec01nmend its indefinite postponement. At the concur wit.h the chairman of the committee that it would be better request of the Senator from West Virginia farthest from me [Mr. to withhold the reports for the present. CAPERTON] I ask that the bill go upon the Calendar. Mr. WRIGHT. Very well The PRESIDENT pro tempore. The bill will be placed on the Cal- Mr. 'VADLEIGH, from tbe Committee on Patents, t.o whom was endar with the adverse report of the committee, if there be no objec- referred the bill (H. R. No. 917) to amencl section 4l:l98 of the Revised tion. Statut.es in relation to patents, reported it with an n.mendment. Mr. WRIGHT. I am also directed by the Committee on Claims, to Mr. CAPERTON, from the Committ-ee on Claims, to whom was re- whom was referred the bill (S. No. 712) for the relief of William Ruth- ferred the petition of Hannah L. Lloyd, praying compensation for erford, of Washington, District of Columbia, to report it adversely. one-fourth interest in the Brig Fanny, seized aud sold hy the United I may state that this is the same bill, upon the same facts precisely, States marshal in New York in 1 62, submit.ted a report thereon, ac- that t.he committee a~ted upon at the last session of Congress. They companied by u. bill (S. No. 824) for the relief of Haunah L. Lloyd as recommended it·S indefinite postponement then, n.nd their report was executrix and George W. King executor of William Lloyd, deceas.ed. concurred in. The committee now .IIL:'l.ke the same recommenclation. The bill was read and passed to the second reading and the Teport The PRESIDENT p1·o tenyJm·e. If there be no objection, the bill was ordered to be printed. . will be postponed indefinitely. Mr. COCKRELL, from the Committee on Military Affairs, tow hom 1\fr. SHERMAN. I will ask if an order of the Senate to postpone a was referred the bill (S. No. 674) for t.he relief of W. H. Woodw::m l, bill amounts to a rejection of the cl:tim T of Indianola, Texas, asked to be discharged from it.s further con ·id- Mr. WRIGHT. I 11nderstand it so. eration and that it be referred to the Committee on Claims; which Mr. SHERMAN. I do not know that the claimants so regard it. was agreed to. The mere postponement of a bill indefinitely is not a. rejection of the Mr. COCKRELL. I am directed by the Committee on Claims to bill. It seems to me, aft.er this ca-se bas been rejected time and again report ba~k the bill (S. No. 186) for..the relief of Andrew Johnson, of on the same papers, the bill ought to be rejected formally, so as to Logansport, Indiana, and ask to be discharged from its furt.her con- come under tho rule and not be again referred to tile committee. sideration, as the Treasury Department has already paid the claim. .Mr. WRIGHT. I suppose that would be the effect of its indefinite The report was agreed to. postponemen~ so far as the present Congress is concerned; and, if we Mr. BOUTWELL, from the Select Committee to Examine the Sev- reject the bill forma1ly, it can again nevertheless be presented at the eral Branches of the Civil Service, reported a bill (S. No. 825) to pro- next Congress. An indefinite postponement would have equal effect vide for a more speedy adjustment of the acconnts of the Treasmer with n. rej ection, so far as this Congress is concerned. of the United States; which wn.s ren.d n.nd passed to tho second readinf'. Mr. SHER.M.AN. I supposed the rule extended also to future Con- Mr. OGLESBY, from the Committee on Public Lands, to wilom was gresses, so that the claim could not be repeated over and over again. referred the bill (H. R. No. 3136) extending the time within which Th:tt seems to be the law. homestead entries upon certain lands in Michigan may be made, re- Mr. WRIGHT. I suppose t.h e claim might bo presented on new ported it without amendment. testimony. Under the rule of the Senate tbe claim could not be con- BILLS INTRODUCED. sidered again at this Congress if the bill be postponed indefinitely, unless there wa~ new testimony ; but it could be presented again at Mr. KERNAN (by request) asked, and by unanimous con ent ob- a subsequent Congress. tained, leave to introduce a bill (S. No. 826) to enable tho Court of The PRESIDENT p1·o tempore. The practice is, that indefinite post- Cla.ims to hear and determine tho claim of the personal representa- ponement closes the claim for the current session ; but it may be re- tives of Ferdinand Cais, a citizen of l!~rance; wilich was read twice called at a subsequent session and acted upon again. by its title, referred to the Committee on the Judiciary, and ordered Mr. WRIGHT. I suppose that would be equally true if the bill to be printed. were rejected. Mr. ALLISON a.sked, and by una.nimous consent obtained, leave to The PRESIDENT pro tempore. Indefinite postponement operated as introduce a bill (S. No. 827) to amend section 2441 of the Revised n. rejection until the Senate reversed tho mle in the McGarrahan case. Statutes of tho United Stn.tes; which was read twice by its title, re- Mr. SHERMAN. Then I suggest to the Senator to move thn.t the ferred to the Committee on Public Lancls, and ordered to be printed. bill be rejected. That will dispose of it for this Congress at auy rato. Mr. LOGAN asked, and by unanimous consent obtained, leave to in- Mr. WRIGHT. I have no objection to that course. I make the troduce a bill (S. No. 828) for the relief of Peter Phillip , late first recommendation that the bill be rejected. lieutenant Company F, Fifteenth Regiment Illinois Cavalry; which The PRESIDENT p1·o tmnpore. The committee report that the bill was read twice by its title, referred to the Committee on Militn.ry be rejected. Will the Senate concur in the report of the committee f Affairs, and ordered to be printecl. · The Chair hears no objection, and the report is concurred in. Mr. SARGENT asked, and by unanimous consent obtained, leave Mr. WRIGHT. I have in my hand a hill (S. No. 511) appropriating to introduce a bill (S. No. 829) to restrict tile immigration of Chinese money to compensate Ji'isk Mills, sculptor, for the plaster model of to the United States; which wa~ read twice by its title. General Rawlins, which was referred to the Committee on Claims. Mr. SARGENT. I ask that the bill be printecl and referred to the It is to pay Fisk Mills $15,000 for the preparation of a life-size pbster Committee on Commerce. cast of the late General John A. Rawlins. There is accompanying Mr. MITCHELL. I desire to submit a few remarks upon· the gen- the bill a petition, which prays that he be released from further obli- eral subject-matter to which the bill relates, and I should be very gation under his contract. It seems that this contract, if any, was glad to do so to-day if the Senate would indulge me so far. If the made under a joint resolution of the two Houses approved the 14th honorable Senator from California will permit the bill to lie upon the of July, 1870, and that the work was to be done under the supervision table for the present, I shall be obliged to him. of and the statue to be placed in such part of the city as should be .Mr. SARGENT. Very well. direeted by the Joint Committee of the two House~:~ on the Library. The PRESIDENT pro ternpore. The Chair hears no objection, and Your committee ask to be discharged from the further consideration the bill will lie on the table for the present. of the bill; and under the circumstances I move that it be referred 1\fr. MITCHELL. In view of the business assigned for to-day, I to the Joint Committee on the Library. give notice that to-morrow morning, after the morning busines , I The motion was agreed to. shall ask the indulgence of the Senate to submit a few remarks on Mr. 'VRIGHT, from the Committee on Claims, to whom was re- the Chinese question. ferred the memorial of Durant H. L. Bell, of Kansas City, Missouri, Mr. SARGENT. Then it will not be necessary to retain this biJl. asking compensation for property destroyed during the late war, sub- Let it go to the Committee on Commerce. I am anxious to ha''"' it mitted an adverse report thereon; which was agreed to, and ordered considered by the committee. to-be printed. .Mr. MITCHELL', Then there will be nothing before the Senate for He also, from the same c9mmittee, to whom was referred the peti- me to speak npon. tion of John G. Taylor, late collector of customs at Annapolis, Mary- Mi.', SARGENT. If the Senator makes as good a speech as I know land, praying to be relieved from liability and responsibility for mon- he can make in favor of the bill, I shall be paid for waitinrr. eys paid to John R. Briscoe as surveyor of customs at the port of Mr. OGLESBY asked, and by unanimous consent obtaineil', leave to Nott ingham, in the district of Annapolis, submitted a report thereon, introduce a bill (S. No. 830) for the relief of Joseph W. Pm·i 11; which accompa.nied by a bill (S. No. ti23) for the relief of Johu G. Taylor, of was read twice by its title, referred to the Committee on Claims, and Annapolis, Maryl9.nd. . · or<.lered to be printeil. The bill was read and passed to the second reading, and the report :Mr. MORRILL, of Vermont, a ked, and by unanimous consent ob- wa~ ordered to be printed. tained, leave to introduce a bill (S. No. 831) requiring tlle rcmovn.l of 1\fr. WRIGHT. I have in my hand the petitions of PeteJ; ·w elch, the tracks of the Baltimore and Ohio Railroad Company from certain Edward Welch, and Elizabeth Minion, praying compensation for streets in the city of .Washingtou, aud for other purposes; which was property destroyed during the lat.e war. Tilose petitions were pre- reud twice by its title, referred to the Committee on Public Buildings sented by the Senator from West Virginia nearest me, [.Mr. DAVIS.] and Grounds, and ordered to be printed. 1876. CONGRESSIONAL RECORD-SENATE. 3{)85 PAPERS WITHDRAWN A}..TJ> REFERRED. RELIEF OF PRE·EMPTORS. On motion of Mr. "'WITHERS, it was The PRESIDENT JJTO tempare. The hour of twelve o'clock and Ordered, That the petitipn of Bernard Pitzer, of Roanoke, Virginia, asking com- thirty minutes having arrived-- pensation for property taken aml destroyed by the troops of the United States in Mr. WINDOM. I ask unanimous consent for the consideration of 1863, be taken from the files of the Senate and referred to the Committee on Claims. House bill No. 2452. On motion of Mr. CLAYTON, it was There being no objection, the bill (H. R. No. 2452) to extend the Ord.ered, That J. T. Le.'H'Y have leave te withdraw his petition and papers from time to pre-emptors on the public lands was considered as in Com- the files of the Senate. mittee of the Whole. Al\1END1\'IENTS TO APPROPRIATION BILL. The Committee on Public Lands proposed to amend by striking out Mr. HOWE, anu Mr. MORRILL of Vermont, submitted amendments all after the enacting clause of the bill and in lieu thereof inserting : intenued to be proposed by them to the bill (H. R. No. 2571) making ~hat whenever any pre-emptor .on pnblic lands or Indian reservations shall make appropriations for the legislative, executive, and judicial expenses of satisfactory proof at the local I :tad office, under rules and regulations to be pre- the Go\"~"ernment for tho year ending June 30, 1877, and for other pur- ~>cribod by the Secretary of the Interior, that the crops upon the lands occupied bv him have been destroyed by grasshoppers within two years prior t-o the passage of pose ; which wore referred to the Committee on Appropriations, and this act, tho time within which such pre-emptor is reqiiired to make final proof and ordered to !Je printed. payment is hereby extended two years. TI~IBER CULTURE ON WESTERN PRAIRIES. The amendment was agreed to. Mr. J>ADDOCK. I should like to ask unanimous consent to call up The bill was reported to the Senate as amended, and the amend- Honse !Jill No. 2427. I think it will take hut a m6ment. I doubt ment was concurred in. whether there will be any objection to the bill; but if there be I ·will The nmenclment was ordered to be engrossed, and the bill to be not insist upon it at this moment, though I regard it 38 important that read a iilirme time each day thereafter until disposed of; and if, from any cause, pension of the rules. other business shall intervene, it shall be resumed us soon as sneh other business is .Mr. RANDALL. If it takes no time I will not object. disposed of. And the consideration of all other unfinished business shall be re- Mr. PAGE. It will give rise to no discussion. sumed whenever the class of business to which it belongs shall be in order under The resolution offered by Mr. PAGE was 1·ea.d, as follows: the rules. Resolved by the House of Representatives, (the Senate concurring,) That the Presi- The Chair was therefore bound to recognize the gentleman from dent be requested to submit to the Chinese government the following ooditional Pennsylvania to call for the conclusion of the unfinished business at article to the existing treaty between tho Umted States and the Chinese Empire, this juncture, when the class of business to which it belongs is in with an urgent pressmg suggestion that it be accepted, n::.mely, to wit, us follows: That the Government of the United States reserve the right to regulate, restrict, order. This is that time. or prevent tho immigraLion or importation of Chinese subjects mto the United Mr. HALE. Has that always been the rule f ~ta.tes, and that the empire of China also re erve the right to regulate, y·estrict, or The SPEAKER 1Jro ten"bpore. The Chair recollects that unfinished prevent the imlnigration into the said empire of American citizens, anything in business of this chara{}ter has been thus called up and disposed of. tho existing treaty to the contrary notwithstanding. Mr. HALE. My recollection is very clear that the whole morning Mr. RANDALL. Is that offered for reference f hour has never been interfered with, but that the sixty minutes must Mr. PAGE. No; I want it passed. be proceeded with in the two calls of the States, aud I am borne out Mr. RANDALL. I must object to that. in that impression by the rule to be found on page 150. Mr. PAGE. Cannot I move to suspend the rules f Mr. RANDALL. Rule 56 is as clear as possible. The SPEAKER pro tempore. No ·i the gentleman only holds the The SPEAKER pro tmnpore. The Chair holds that this is unfinished floor through the courtesy of the gentleman from Pennsylvania. business, and he is informed by those who have practiced under this Mr. PAGE. I will then ask that the resolution be referred to the rule, and recorded our proceeuings for years, that it has been the uni· Committee on Commerce. form practice that unfinished business under this call has always been There waa no objection, and the resolution was so referred. taken up anti disposed of. ORDER OF BUSINESS. Mr. HALE. Then it pmctically shuts out the second call of the Mr. RANDALL. I now call np the resolutions offered on Monday States, which is a thing which I have never known to be done. under the second call, and I ask that the Clerk shall reau the first .Mr. RANDALL. Practically it does not do any such thing; it prac· resolution on the Calendar. tically disposes of resolutions under the call of the States which have beon laid over. BUREAU OF INTERXAL REVENUE. Mr. HALE. But not under this call. The first resolution on the Calendar was the one offered by Mr. Mr. RANDALL. It is under this very call. O'BRIEN on December 14, 1875; which was read as follows: .Mr. HALE. My recollection, if the Chair will allow me-- Resolved, That the Secretary of the Treasu:r-7, if not incompatible with the pub- Mr. RANDALL. If the gentleman will read the latter clause of He interests, be directed to communicate to this House, at the earliest practicable Rule 56 he will be convinced. moment, in what manner, with due regard to economy and dispatch of public Mr. HALE. I think the Chair will find upon investigation that the business, the various duties now assigned to the Bureau of Internal Revenue may he absorbetl by the Bureau under the charge of the Commissioner of Customs. entire sixty minutes of the morning hour of Monday has never before been interfered with. Mr. O'BRIEN. Upon that resolution I call t he previous question. The SPEAKER ]JrD tempote. This is the only way to utilize the The previous question wa.~ seconded and the main question ordered; second call of States J!nd to finish up the business commenced, and and under the operation thereof the resolution was adopted; there that goes over and should be concluded under this call. Besideg, this l)eing upon a division ayes 91, noes not counted. proceeding has been going on without objection, and the point of order ~lr. O'BRIEN moved to reconsider the vote bv which the resolution is too late and should not be sustained. was adoptetl; and also moved that the motion to reconsider be laid Mr. BUCKNER. I call the previous question upon the resolution on the table. just read by the Clerk. The latter motion waa agreed to. Mr. HOAR. Is that resolution within the ruling of the Chair as ORDER OF BUSINESS. unfinished bu:iiness f Mr. WHEELER. I ask leave to report a resolution from the Com- The SPEAKER pro ten~pore. It is the second resolution upon the mittee of Ways and Means. Calendar under the head'' Resolutions where debate has arisen, and Mr. RANDALL. 0, no; not now. That would interrupt the regu- laid over under the rule." lar order. · The previous question was seconded and the main question ordered; and under the operation thereof the resolution was adopted. DIS~HSSAL OF EX-SE~ATOR JOIL.~ B. HEm>ERSON. Mr. RANDALL moved to reconsider the vote by which the resoln· The next resolution on the Calendar was the one offered by Mr. tion was adopted; and . also moved that the motion to reconsider be BUCKNER on December 14, 1875; which was read as follows: laid on the table. Resolved, That the President of the United States be reqnested to transmit to The latter motion was agreed to. the llouse all correspondence in reference to the dislnissal of Ex-Senator John B. MESSAGE FRO~I THE PRESIDENT. Henderson, of Missouri, as one of the special counsel of the United States in the pros_eoution of the whisky-fraud oases before the United States court at Saint A message, in writing, from the President of the Unit-ed States was LOUlS. commtmicated to tho Hou~ by Mr. C. C. S:mFFEN, one of hi~ secre- Mr. HALE. I rise to a point of order. taries, who also informed the House that the President had approved The SPEAKER pro tempore. The gentleman will state his point of and signed bills and joint resolutions of the following titles : order. An act (H. R. No. 522) to define the tax on fermented or malt Mr. HALE. I wish to inquire under what rule of the House this liquors; matter comes befora the House at the present time. I bcHeve the A.n act (H. R. No. 1251) to exclude the States of Missouri and Kan· invariable practice heretofore upon the second call is under the rule sas from the provisions of the act of Congress entitled "An act to pro· on page 150, that the States being first called for bills for reference mete the development of the mining resources of the United States," and then in order for bills on leave and resolutions if anything gives approved l\Iay 10, 1872; 1·ise to debate it goes over for discussion and the call continues ; and An ::wt (H. R. No. 3269) appropriating $50,000 for subsistence sup- I think the present occupant of the chair will remember that that plies for Apache lndians in Arizona Territory, and for the removal of role haa never been broken in upon. the Indians of the Chiricabua agency to San Carlos agency; Now, during the present session the first time the second call was An lWt (H. R. No. 3356) authorizing the transfer of a certain appro- started was on Monday last with the State of .Maine, and a resolution priation; · was then introduced by myself upon which a vote was taken and the A joint resolution (H. R. No. 99) concerning special-tax stamps; and resolution was voted down. Now my point of order is that under the A joint resolution (H. R. No. 110) authorizing the exhibition of a rule on page 150 nothing is in order on the second call of the States life-saving station-house ali the centelilliaJ exposition. · CONGRESSIONAL RECORD-HOUSE. MAY 15, 30H~ DEFAULTERS. Phelps, William A. Phillips, Pierce, Platt, Pnrman, John Reilly, Roberts, R-Obin- son, Sobieski R.oss, Savage, Seelye, Singleton, Sinmckson, A. Herr Smith~tenger, The n~it resolution on the Calendar wa~ the following, offered by Stevenson. Stowell, Swann, Thom:lll, Thornburg:l1, Martin I. 'l'o.w nsend, w a.lrlron, Mr. HEREFORD: Wailing, Ward, Whitehouse, Wbi ting, Wike, Andrew Williams, James Williams, Benjamin Wilson, and Woodworth-SO. Resolved That. the Se~retar·y of the Treasury is hereby directed to furnish the House of Representath·es with the following information, namely : The names of So the resolution was adopted. the various persons or officers whose accounts have not been settled, or who have During the roll-call the following announcements were made: been defaulters to the General Government since March 2, 1865, together with the Mr. COCHRANE. My colleague, Mr. STENGER, is absent from his amounts of each, and·by whom appointed. seat on account of important business. Mr. RANDALL. I call the previous question on that resolution. Mr. DURAND. On this question I am paired with my colleague, The previous question was seconded and the main question ordered ; Mr. WALDRON. If present he would vote "no" and I should vote and under the operation thereof the resolution was adopted. "ay." . WHISKY RINGS. ~!r. SOUTHARD. The gentleman from Missouri, Mr. CLARK, is The next resolution upon the Calendar was the following, offered confined to his room by illness. by Mr. RA.NDA.LL: Mr. BAKER, of Indiana. My colleague, Mr. ROBINSON, is absent Resolved, That the Secretary of the Treasury be, and he is her~by, dire~ted to by leave of the House. transmit to t.b is House copies of all letters, telegrams, orders, and rnstJ:uctwns re- Mr. WILLARD. My colleague, Mr. HUBBELL, is absent on account latinrr to tho organization and prosecution of the present movement a.garnst theso- of important business. If present he would, I presnme, vote "no." ca.lle'a "whisky rings" at Saint Louis, Chicago, and Mil waukee. . ~!r. WIGGINTON. My colleague, l\!r. LUTTRELL, and the gentle- Mr. RANDALL. I call the previous question on that resolution. man from Oregon, Mr. LANE, are confined to their rooms by sickness. Mr. FORT. I would suggest to the gentleman to insert the words Jtlr. BRADLEY. On this question I am paired with the gentleman "if not inconsistent with the public interest." . from Ohio, ~!r. HURD. If here, he would vote in the affirmative and Mr. RANDALL. I do not thinkthatisnecessary; there can be noth- I should vote in the negative. ing in the information called for which Congress ought not to know. Mr. WILSON, of Iowa. The gentleman from Pennsylvania, Mr. .Mr. PAGE. Is it in order to offer an amendment! PACKER, who is absent on business, would, if here, vote "no." The The SPEAKER p1·o ternpo1·e. That is not now in order, the previous gentlemen from Ohio, Mr. NEAL and :Mr. WOODWORTH, are paired on question having been called. If the ca.l l for the previous question this and similar questions. shall not be sustained, then an amendment would be in order. The ·r esult of the vote was announced as above stated. The question was then taken upon seconding the previous question, Mr. RANDALL. I move to reconsider the vote just taken; and also and upon a division there were-ayes 93, noes 4!1. move that tho motion to reconsider be laid on th~ table. No further count being insisted upon, the previous question was sec- l\!r. HOAR. I move to suspend the rules and adopt the following onded, and the main question was ordered. resolution-- l\Ir. HOAR. l\Ir. Speaker- The SPEAKER pro tempore. The Chair has not recognized the gen- Mr. RANDALL. I object to debate. tleman from Massachusetts, [Mr. HoA.R.] .Mr. HOAR. I rise to make a parliamentary inquiry. Mr. HOAR. I presume the Chair does so now. The SPEAKER pro tempore. The gentleman will state it. The SPEAKER pro tcrnpo1·e. The Chair was about to put the ques- Mr. HOAR. Is a. motion to suspend the rules now in order f tion on the motion of the gentleman from Pennsylva.nia, [.l\!r. RAN- The 8PEAKER pl'o temp01·e. The morning hour haa not yet expired. DALL.] Mr. RANDALL. That will not work. The motion was agreed to. The SPEAKER p1·o temp01·e, The-morning hour will expire at ten The SPEAKER p1·o tempore. The Chair recognizes the gentlema.n minutes past one o'clock. from Ohio, [.Mr. PAYNE.] The question was upon adopting the resolution. FRACTIONAL SILVER CURRENCY. :Mr. PAGE. If the gentleman will consent to make the resolution respectful, we will vote for it. :Mr. PAYNE. I move t-o suspend the rules and pass the joint reso- Mr. RANDALL. Respectful ! We are hunting up testimony against lution which I send to the desk, and which has the unanimous ap- those who have committed frauds. proval of the Committee on Banking and Currency. Mr. HALE. The country will trust the Secretary of the Treasury The Clerk read as follows : twice where it will trust the other side of the House once. Resolved by the Senate and Hou-1e of Repruentati11es, &c., That the Secretary of the Mr. FORT. You are very honest, all at once. Treasury, uncler such limits and regul::ttions as will best sccnro a just an6r, NaYS-Mea 1'8.. Adam.~, William H. Raker, Ballou, Blair, William R. Brown, Plaisted, Potter, Powell, Prat~ Rainey, Randall, Reagan, John Reilly,John Robbms, Horatio C. Bnrchard, Bnrleigh, Cannon, Uason, Caswell, Uonger, Crapo, Danford, Miles Ross, Rusk. Sampson, Scales, Schleicher, Schumaker, Smalls, A. Herr Smith, Darrall, Denison, Dobbins, Dunnell, E>ans, Fort, Foster, Freem:m, Frost, Frye, Stt-ait, Stowell, Tarbox, Teese, Thompson, Throckmorton, WashinJrton Townsend, Garfield, Hale, Benjamin W. Harris, Hathorn, Hendee, Henderson, Hoar, llnnter, Tufts, Van Vorhes, Waddell, Wait, Charles C. B. Walker, Alexander'S.Wallace, J ohu Hyman, Joyce, Ketchum, Lapham, Leavenworth, Lynch, Edmund W. M. M~key, W. Wallace, Ward, Warren, Erastus Wells, G. Wiley Wells, Wheeler, White, :MacDougall, McCrary, McDill, Miller, Monroe, Norton, 0' eill, Page, Plaisted, Wigginton, Willard, Alpheus S. Williams, Charles G. Williams, Jeremiah N. Will- Pratt, Rillney, Rusk, Sawpson, Smalls, Strait, Wasbin«ton Townsend, Tufts, Van iams, William B. Williams, Willis, James Wilson, Alan Wood, jr., Woodburn, Vorhes, Alexander S. Wallace, John W. Wa.lla.ce, 'G. Wiley Wells, Wheeler, an.ms, South Washington Railway Company. James Willimns, Benjamin Wilson, 'WdWoodworth-82. The bill was read, as follows: So the rules were not suspended, (two-thiTds not voting in favor Be it enacted, &c., That the act entitled "An act to incorporate the Capitol, North 0 thereof.) Street and South Washington Railway Company," approved March 3,1875, be, and During the vote, the same is hereby, amended so aa to authorize and allow said company to extend Mr. DURAND stated that his colleague, Mr. WALDRON, was absent its line on Fourth and Eleventh streets west from 0 street to P street north, and to lay a single track and run its cars one wa.y upon P street between Fourth and by leave of the House, and if present would vote in the affirmative. Eleventh streets, instead of laying a double tm~k and running ita cars both ways .Mr. BAKER, of Indiana, stated that his colleague .Mr. ROBINSON, upon 0 street. _ was absent by leave of the House, and if present he thought he would Mr. HENDEE. Mr. Speaker, the only object of this bill, which has vote in the negative. come to us from the Senate, is to allow the 0 street road, as it is The vote was then announced as above recorded. called, to build its track between Fourth and Eleventh streets, in the MRS. :MINNIE SHERMAN FITCH. northern portion of the city on P street instead of 0 street. The :Mr. MORRISON. I am directed by the Committee of Ways and company has one track on 0 street. That street is too narrow for Means to report back a bill (S. No. 764) authorizing the Secretary of two tra-cks, and it hM been thought best in the interests of the prop- the Treasury to allow Mrs. Minnie Sherman Fitch to receive free from erty on those streets and the business of the city that the company duties a wedding presfjnt from the Khedive of Egypt, with the recom- be allowed to put one of its tracks on P street. I think there can be mendation that it do pass. I move to suspend the rules and put the no objection to the bill. bill upon its pa sage at this time. The bill was ordered to be engrossed and read a third time; and Mr. FAULKNER. I object to the passage of that bill. beiug engrossed, it was accordingly read the third time, and passed. The· SPEAKER pro tempore. The gentleman from Illinois moves to Mr. HENDEE moved to reconsider the vote by which the bill was suspend the rules and pass the bill. . passed; and also moved that the motion to reconsider be laid on the The question was put to the House. table. The SPEAKER pro tmnplYre. The Chu,ir thinks two-thirds have The latter motion was agreed to. vot ed in the affirmative. CHOCTAW NATION OF INDIANS. Mr. FAULKNER. I demand the yeM and nays. :Mr. WILSHIRE, by una.nimous consent, from the Committee on The yeas and nays were not ordered. Indian Affairs, reported a bill (H. R. No. 3463) for the relief of the 1r1r. FAULKNER. I now demand a division _on the passage of the Chocta.w Nation of Indians; which was read a first and second time, bill. recommitted to the Committee on Indian Affairs, :tnd, with the ac- The House di vidcd; and there were-ayes 126, noes 28. companying report, ordered to be printed. :Mr. HEWITT, of Al:l.bama. I demand the yeas and nays. YOUNG MEN'S CHRISTIAN ASSOCIATION. Mr. MORRISON. The bill is paBSed, as my motion was to suspend all the rules and pass the bill. Mr. HENDEE also, from the Committee for the District of Colum- Mr. RANDALL. The Chair declared the motion to suspend the bia, reported ba-ck, with the recommendation that it do pass, the bill rules and pass the bill carried when the yeas and nays were demanded, (H. R. No. 2962) to amend the act entitled "An act to incorporate the and the yeas and nays being refused, the bill was passed of course. joint-stock company of the Young Men's Christian Association of The SPEAKER pro tempore. Such is the bot. The gentleman from vVashington." Illinois having moved to suspend the rules and pass the bill, the bill Mr. HENDEE. If no one asks for the reading of the bill, I will is therefore passed, the rules having been suspended for that purpose. make a short explanation of its purpose. Mr. POPPLETON. I move to reconsider the vote by which the bill Mr. WILSON, of Iowa. I think the bill should be read. was passed. The bill was read, as follows: The SPEAKER pro tempore. A motion to reconsider a suspension Be it enacted, &c. That the act entitled "An act to incorporate the joint stock of the rules is not in order. company of the Young Men's Christian Association of Washington,'' approved March 2, 1867, be, and the same is hereby, amended aa follows, namely: Mr. FAULKNER. Do I understand the Speaker to decide the yeas SECTION 1. That the joint stock company of the Young Men's Christian Associa- and nays caunot be ordered on the passage of the bill' tion be, and it is hereby, authorized and empbwered to borrow, on the security of The SPEAKER p1·o ternpore. The official reporter of the RECORD the real estate now owned by it in square No. 407, in the city of Washington, Dis- and the Clerk both agree-that the motion was to suspend the rules trict of Columbia, uot exceeding the sum of $33.000, at a lawful rate of interest, for the purpose of paying off the debt now due from said joint stock company to the and pass the bill, a.nd that motion the Cha.ir declared to be ca.rried Freedman's Savinrrs and Trust Company, and to secure which said indeutedness when the yeas and nays were demanded, and not being ordered, the the said Freetlman'Ts Savings and Trust Company now holds a deed of trust upon rules were accordingly suspended and the bill passed. said real estate, the validity of which is doubted and is in dispute. SRc. 2. That in order to , ecure the amount authorized to be borrowed by the pre- WHISKY RING. ceding section, the said joint stock comrany is hereby authorized to execute and Mr. HOAR. I move to suspend the rules and adopt the following deliver its note for the amount borrowec under authority of this act, bearing such lawful rate of interest, and!ayable at such time, principal and interest, as may be resolution: agreed upon between it an the persons from whom it may borrow such money; The Clerk read as follows: and to secure the payment of such note and interest, to convey said property to Resolved, That the House has entire confidence in the wisdom integrity, and two trustees in fee-simpLe, with power in saifl trustees, or the survivor of them, to efficiency with which the Secretary of the Treaaury bas prosecuted anu is prose· sell said property at public auction, in caae of default made in the payment of said cutin7 thJtt class of offenders ag::unst the revenue laws known as the "whisky note, or any insta..lments of interest due thereon, upon such terms and after such ring,' llnd does not desire him to make public ani information in regard thereto notice by advertisement as the said trustees, or the snrvi vor of them, may deem which in his judgment will impair the efficiency o such prosecutions. best for the interest of aU parties concerned ; and to convey the same to the pur- chaser in fee-simple. Mr. RANDALL. That reverses what the House has done. I hope SEc. 3. 'That the rents and revenues derived from said proper!'Y shall be retnined it will be voted down. by the board of direct!age of this act, in lieu of tho fees heretofore tained for the amount, if it ha ·not already been obtained, it will have allowed to the said register of wills, there shall be allowetl and pa.hl to him the fol- to be paid to save a sale of the property. A party proposes to loan lowing fees, and no other; that is to Hay : this corporation the $33,000, so t.ha.t the Freeclman's Bank may be paid First. For filing a. will and any numl>er .o f codicils. administering aJl nece sary oaths, ta.king the deposition of the subseribin.!{ witne s or witnesses, and entering immediately and without fmther cost; but good counsel have ad vised the judgment or order of court atlmitting the same to probate, in a ca.se whore the company that it ha-s no power to pledge its property for that pur- there is no coutcst, $1. pose. The party "ill loan the money if he can be secured by a lit•n Seoond. For :rranting and issuing, under the seal of the court, of letters testa- mentary or of administration, letters de bonis rum or ad colligendum, (whether one on the property. This bill, if pas ed, will inure to the beuetit of the or mort~ p~rsons be included thrr<'in,) and administcrin~ the nece.~sary oaths to the joint-stock company as well us to the Freedma.n's Bank. pm'Son or persons to whom such letters shall be ~raureu, seventy-five cents. Mr. DOUGLAS. I desire to ask the gentleman a single question. · Third. For ev<·ry exemplification of letters under seal or certificate under seal of The bill as explained meets my entire approval; but what guarantee the appointment of au executor, adminiRtrator, collector, or guardmn, when the sa we is dem:mclcd, anfl not otherwise, twenty-fixe cent . is the1·e that the Freedman's Bank will get the money' Fourth. For clraftinJ!, t.'l.king, filing, aud recording bond of executors, a.dminis- Mr. HENDEE. The bill provides that the Freedman's Dank shall traoors, oollectors, or guardians, and administering all necessary oaths, seventy- have the money and that the property shall be mortgaged to raise five cent~. money for that purpose, and that it shall not be used for any other Fifth. For dr'lftiug, filin~, and entering the renunciation of a. widow, executor, gu~trdi:m, or otheL· person, Irrespective of the number of persons joining in the purpose. same renunciation, twenty-five cents, The bill was ordered to be engrossed and read a third time ; and Sixth. Fori. suing watTant, under seal, to appraisers, and administering neces- being engrossed, it was accordingly read the third time, and passed. s:wy oaths to them, fifty cents. Mr. HENDEE moved to reconsider the vote by which the \.Jill was Seventh. For notice of executor or a.dministr'l.tor to creditors, and entering orders of court thereon, twenty-five cent.CJ. passed; and al o moved that the motion to reconsider be laid on the mghth. For filing ami entering a caveat, twenty-five cents. table. Ninth. For issuiu!! a citation under seal, whether one or more persons be named The latter motion was agreed to. therein, fifty cents; for every oopy thereof demanded, ten cents. Tenth. For filing and indorsing list of articles appraised, or list of articles sold ENROLLED BILLS SIGNED. at vendue, ten cents. El~:~venth. For Wl'iting any affidavit or probate of executor, administrator, col- lootor, Ol' guardian to any inYentory, account of sales, list of debts, or any acooOllt Mr. HARRIS, of Georgia, from the Committee on Enrolled Rills, required by law to b verUled aml not herein specially provided for, and aclminis- reported that the committee bad examined and found truly enrolled tering all necessary oaths, twenty-five cents. bills of the following titles; when the Speaker p1·o temp01·e signed 1'welfth. For enterin:r ortler of oourt appointin~ persons to ascertain and report the arne: the annual value of tho real or pw-soual estato of ruillors, and i suina warrant under seal, incluiling the administration of all necessary oaths, seventy-live cent . An act (S. No. 159) to grant the right of way for railroad purposes Thirteenth. For eutoringorder of coUl't appointingguaJ·dian and approving bond, through the United States arsenal grounds near Benicia, California; twenty-five cents. An act (S. No. 168) for the relief of the legal representatives of Fomtcenth. For taking, filing, and recorcling the indenture or reoognizance of George Schwartz, deceased, late a private in Company F, Fifth Regi- an apprentice, fiftv cents. Fifteenth. For oxa.milling and passing an.v claim against a deceased person's meut WiscQnsin Volunteer Infantry; estate and indorsin~ a certificate thereof on such claim when passed, including the An act (S. No. 199) for the relief of the estate of the late paymaster preparation of the affidavit and administration of the oath thereto, twenty cents. Major JohnS. Walke1·, United States Army; and Sixteenth. For stating, passing, and filing the account of an xeeutor, adminis- trator. collector, or guardian, inclnding all searches :mtl references for that pur_pose, An act (S. No. 384) for the relief of Mrs. Eliza Potter, widow of and administration of all necessarv oaths, when the a.ocount does not exceed sev- Lorenzo T. Potter, deceased, late of Charleston, South Carolina. enty-five items, $3; every additioruil item, two cents. 86venteent.h. For examining, passin"', aud filing an account of an executor, atl- RECORDING OF DEEDS, MORTGAGES, ETC. ministrator, or guardian, not ~:~tated by the rej!ister, incln~trir.t of Columbia for orphans' die under the age of twenty-one years, unmarried and without issue, his portion of court business, and all causes which are now pen9 executed as by law r~uired: Provided, 'l'hat whlcb testimony shall be satisfactory to the court. The proceeds of all sales, such probate shall not be regarded as prima facie evidence many proceeding insti- whether made under the immediate direction of the court or by mortga~ee, trustee, tuted to contest the validity of such will or testament. ur trustees. under the mortgage or deed of trust given by the guar01an shall be SEc. 8. That every will hereafter made shall be construed with reference to the brought into court, and be held subject to its order, and all such s.'lle.'l shall be real estate and persoll.'tl e tate comprised in it, to speak and take effect as if it bad made subject to tho confirmation of the court. Whenever the guardian shall bor- been executed immediately before the death of the testator, unless a contrary inten- row money for the wartl by direction of the court, under this act, the kind of se- tion shall appear by the wilL curity, the amoDllt thereof, the selection of trustee or trustees. if any, the terms of SEC. 9. That where any real estate shall be devised to any person without any sale, and the provisions a to the distribution of proceeds shall be subject to the ap- words of limit-ation, such devise shall be construed to pass the whole estate or in- proval of the court, which may make a.uy directions in respect to the security that terest which the testator had power to dispose of by will in such real estate, unless may be necessary to keep the ward's interest in his property within the protection a contrary intention shall appear by the will. of the court holding the special term aforesaid. SEc. 10. That every will or testament, made by a man or woman, shall be revoked SEc. 25. That a. guardian having the care and custody of a ward's real proporty by his or her marriage, (except a will made in exercise of a power of appointment, may lease the same for a term embracing any period of time within the nonage of when the real or personal estate thereby appointed would not, in default of such the war-d, provided he obtain the approval of the supreme court holding a. special appointment, pass to his or her heir, executor, or administrator, or the person en- term for orphans' comt business for any leasing of the ward's property for a term titled as hi.s or her next of kin, under the statute of distributions.) em bracing a longer period of time than three years. SEC. 11. That no will or testament shall be revoked by any presumption of an in- SEC. 26. That whenever any sale shall be made of any real estate by any executor tention on the ground of a.u :Utemtion in circUillBtances. or executors in pursuance of any authority, power, or direction contained in a will SEC. 12. That in case a will be attested by a :person to whom. or to whose wife or or codicil, or by force thereof, e1ther for the payment of debts or of legacies, or for husband, any beneficial interest in any estate IS thereby devised or bequeathed, if the support of children, or for the distribution of the proceeds, or for other J>Dr· the will may not be otherwise proved. such I?erson shall be deemed a competent wit- poses, the purchaser or purchasers of such real est.id and read a third time; !Uld being engrossed, it was accordingly read company as shall be necessary to bnild aml equip a single track of . aiel railway, the amount to be deterri:rinell by said corporators, to he opened aml to be keptopcu the third time, and passed. in some convenient place or places in the city of Washin~ton , for.a. period to be :Mr. HARTRIDGE moved to reconsider the vote by which the bill fixed by said corpomtors, not less than two clays; and said corporators shall l);ive was passed ; and also moved that the motion to reconsider be laid on public notice. by advertisement in SOm(} daily paper published in said city of the the table. time when and the place where said books shall be opone.l; and nb cribers upon said books to said stock shall be hclrl to be stockholders: Provided, That no one The latter motion was agreed to. person shall be allowed to subscribe for more than two hundred sbares: Provided HIGHWAY L.~ THE DISTRICT. further, That each subscriber shall pay at the time of subscribing 25 por cont. of the amount subscribed to the trea uror appointed IJy aid corporator , or said sub- Mr. HEJ\TKLE, from the Committee for the District of Columbia, scription shall be null aml Toid. If, at the end of twenty day , a larger amount reported back, with amendments, the bill (H. R. No. 2881) to authorize than is estimated to be_sufficient to construct and equip the railway as afore aill the establishment of a certain free public highway in the Dist.rict of shall have been subscnbed, the books shall be clo ed, and the corporators h erein nametl sho.ll proceed to apportion the stock so taken among the . ub criuel'S pro Columbia, and for ot.her pmposes. rata, and make public proclamation of the number of sltare allotted to each, which The bill was read, M follows : shall be completed on the day the books are clo ed: Provided, 'fhat nothing shall Be it enn.cted, c/;c., That the commissioners of the District of Columbia. a.re hereby be received in payment of the percentage a aforesaid but money. When tho books authorized and directed, within thirty days after the pa sage of this :tct, to locate, of subscriptio~ of stock shall be closed as aforesaid, the corporators, or a major·ity construct., and maintain a free public highway on and over that part of the George· of them, and, rn ca.se any of them refuse or nel!lect to act, then a ma,iority of the town and Rockville turnpike-road which leads b'Om the boundary of the city of remainder, shall, within ten days thereafter, call the first meeting of the stock- Georgetown to the boundary of the District of Columbia, toward Rockville, the holders of said company, to meet within ten days thereafter, for tho choice of 'e\'eu county seat. of Montgomerr.County, Maryland, and which is styled the Wa bin!! ton directors, of which puiJlic notice shall be gi'l"en for five days in some daily paper Turnpike Company, descnbed in the act of Congreas ap_proved February 27, 1813, published in the city of Washington. or by written or print-ed personal notices to (volume 2 of the :statutes at Large, ~ge 808,) incorporating Slloid turnpike-road as each stockholder by the secretary of the corporation. .And in all meetin~s of stock- the line of the most direct and practicable route from the boundary of Georgetown holders each share shall entitle the holder to one vote..which may be gi'l"en in p r- to the boundary of the District of Columbia; and for the purpose aforesaid the said son or by proxy. commissioners of the District of Columbia shall have power to take any real estate SEc. 8. That the government of the affairs of saitl company shall be vested in a or franchise of said turnpike company neces ary for the construction anll mainte- board of directors. who shall be stockholder , and who hall hold office for one nance of a free public highway, and no more. year, and until others are duly elected and inducted to take their place . A ma· SEo. 2. That just compensation shall be made to said turnpike company for the jority of said directol'S the president being one, shall constitute a quorum, shall real estate and fmnchise so taken, and which compens.'\tion shall be ascertained, elect a president. of the board, who shall be pTesident of tho company; they shall either by jury or arbitntors, selected by the marshal of the District of Columbia, also choose a secretary and a treasurer, the latter giving bond with securit.v to said after due notice be given to the president and directors of the turnpike comJiany, company, in such sum as shall be prescribed by tbe dir·ectors, for the f::tithfol di - proceed under oath to a.s ess the damages due the aid comp:my, which shall be paid charge of his trust. Iu case of a vacancy occurring in aaid board. by rleath , resig- by said commissioners out of the general fund of the District of Columbia. nation, or otherwise, tho same shall be filled by the remaininrr directors. SEC. 3. That in fixing the measw·e of damages wd in fixing the present value of SEC. 9. That the directors shall have p·1wer to make such by-laws an(l regula- the franchise of said turnpike company, the jury or arbitrators, as the case may be1 tions as shall be needful respecting the disposition ancl management of the stock, shall take in consideration the question whether such franchise has been forfeitea estat.e, and effects of said company, not contrary to this act or tho Jaws of the in any mo.nne.r by said company. United States, and especially those enacted for the goverument of the District of Columbia: Provided, That the directors of said corporation shall have power to re- The amendments reported by the committee were as follows : quire the subscribers to the stock to pay the amount sub cribed at au h time, (aft.er the first installment,) in such manner, and in snch amounts as they may deem Strike out sections 2 and 3, and insert at the end of the first section the following: proper; and, if any stockholder shall refu~e or neglect w pay any installment as Provided, however, Tho.t the president and directors of the said Washington required by resolution of the board of directors aft.er rea.sonablenoticoof the amP, Turnpike Compo.ny shall surrender and convey to the commissioners of the Dis- the said board of directors may sell at public auotion, to the hi$hcst birlrlor so trict of Uolumbia all the reru estate and fr1>nchises to them now belonging and many shares of his said st{)ck ag shall pay said installments, unuer such general necessary for the construction and maintenance of the aforesaid free public high- regulations as may be adopted in the by-laws of said corporation, or saicl body cor- way free of cost to the District of Columbia.. porate may sue and collect the same from any delinquent subscrib r in any court The amendments were agreed t-o. of competent jurisdiction. SEc. 10. That there shall be an annual meeting of tbe stockholders for the choice The bill, as amended, was ordered to be on grossed and read a third of direct{)rs, to be holden at such time and p :ace and unLI r uch conditions ru;; tho time; and being engrossed, it was accordingly read the third time, directors shall prescribe; and the said directol'S shall ma.lro detailed report an- and passed. nually of their doings to the stockholders in ~eneral meotiug. SEc. 11. That all person$! exorcising mnmcipal authority in Paicl District, the Mr. HENKLE moved to reconsider the vote by which th~ bill wa.s officers or agents of anJ: body corporate within said District, are hereby prohibited passed; and also moved that the motion to reconsider be la.id on the from doing an:v act or thing to hinder, delay, or ob truct the construction or op ra- t.able. tion of said rail way as herem authorized. The latter motion was agreed to. SEc. 12. That the said company shall )lave at all times the free and u:1interrupted use of said railway. And if any person or persons shall willfully obstruct or im· SUBURBAN RAILROAD COMPA.l'lY, DISTRICT OF COLUMBIA. pede the passage of, or destroy or injure, the cars, depota, stations, or any other l\Ir. HENKLE a.lso, from the Committee for the mstrict of Colum- property belonging to said ratlway company, the pel'Son or porsons so offending shall forleit and pay for each such offense the sum of $10 to sai~l company, to ue bia, r('ported back, with the recommendation that it do pass, the bill recovered and disposed of as other fines antl penalties are in said Di!!trict., amlsl.H~oll (H. R. No. 2604) to incorporate the Suburban Railroad Compa.ny of remain lhble, in addition to sairt penalty, for any lo s or damage occasioned by his, the District of Columbia. her, or their act as aforesaid; but no suit shall be brou~ht unles. commenced with- in ninety days after said o:ffeuse shall have been committed. The bill was read, a.s follows: SEC. 13. Tb.at the construution of said railway shall be comploteu within three Be it enacted, &c. That George E. Kennedy, G. W. Browning, H.'l;wkins Taylor, years after the said company shall have organized and have c usoli .lated whb omo Robert K. Elliot, Sayles J. Brown, B. F. Guy, J. Q. Ho,vard, Henry L. Carlton, forei~ company desiring the same; otherwi o all right and privileg · herein con- William C. Dodge, Jos. B. Bryan, John J. Johnson, Uharles Kennetly, Geor~e W. t:J.inea shall cease and be determined. Linville, William J. Murtagh, Amos Hunt, W. G. Palmer, Appleton P. Clark:, and SEo. 14. That no person shall be pmhiuitetl the pri.\'i.lorre to travel on any part of H. Nelson Chapman, their m;soci:ttesl\Dtlsuccessors, are hereby constitutell a body saiu railway, or ejected from tho c:1rs tl:wreof, for any other canso thau that of uo- corporate by the name, style, and title of the Suburban Railway Company of Wash- ing drunk disorderly, unclean, cont~iou ly diseased, retu ing to pay the legalfure in~ton, in the District of Columbi::t, with power to sue and subject of being sued, demanded, or to comply with the general regulations of the company. 1876. CONGRESSIONAL RECORD-HOUSE. 3095 SEc. 15. That the stockholders of said company shall be liable individually for in conformity with the provisions of the second section of this asiouers shall have authority to receive, consider, at all crossings the"momentum of the cars shall be reduceii to a rate so slow as to be (leteru1ine, and rorort upon, as herein provuled, all claims for work and labor per- instantly stopped, and when recoiling and dischargiDg passengers the motion of the formed, or materials furnisherl, upon any order of the board of public works, or cars shall cease. - order of the wmmi.ssioners of the Di trict of Columbia; or founded upon any con- SEc. 18. That to obviate as far as possible any impediment in the free and unob- tract or a~reement made hv virtue of any act of tho Legisln.tive.ssembly of the structed use of the highway aforesaid by tho Jmblic, the ~aid railway shall bo con- District of Columbia with the board of health of said District or s::nd board of pnb- structed on the right side of the hiBhway le:ulirg from the city lin1its and next ad- lic works; or fountled upon any contract or agreement made with the present commis- joining tho adjacent property; ann should the business or the safety and conven· sioners of sairl District~ or late board of pulilic works, or the authorities of the late ience of the said raHway require an additiond track, the said company may apply government of the District of Columbia; aml all claims for special damages to real to the proper authorities of said District for p<1rmission to :~.ppropriate a strip of property in tho District of Col urn bia, arising out of iDjnries to such property, caused land lying next averninentof the United lands to public uses. · States; :uvl also all claims for labor performed on public improvements on the SEC. 19. T.!latwhenever the line of any railway in the State of Maryland bas been streets and ('XCavations of Washington und~r tlirection of the board of public or may be constructed so as to admit the pas age of burden or passenger cars o~er workR of tho Dil!trict of Columbia, or the contractors of the same, by any person the railway bPrein established without break or intrrruption, said rail way company employilcl by said board of public works or by said contraJt the ap(lointment of such inferior offioors1 as they think proper, in the Presi- sion, construction~ and operation of their said railroad into and witbin dent alooe, m the courts of la-w, or in the heaas of Departments. the said District, a.s are extended to like corporations under the exist- Now t be Speaker of the House is not the head of a department. ing laws of the District of Columbia. .Mr. HENDEE. These are not officers at all. Mr. HENDEE. This bill does not allow this road to come on thi Mr. LAWRENCE. They are appointed under the laws of the side of the EMt Branch, as it is called. It allows it only to make con- United States. nection with the Baltimore and Ohio and Baltimore and Potomac Rail- Mr. HAMILTON, of New Jersey. They are only a commission to in- roads on such terms as may be agreed upon by the companies. The vestigate and report information to the House which the House itself road is now being built from Point Lookout, at the confluence of has not time to procure. Chesapeake Bay and the Potomac Riv-er, to this city and to the city Mr. LAWRENCE. Can we provide by l:l.w for tbe appointment of of Baltimore. It is simply for the convenience of the public that these connections are allowed to be made. commissioners of claims to examine claims, for instance in the South- The amendments of the committee were agreed to; and the bill, as ern States f Is the appointment of such ·officers as that vested in the amended, was ordered to be engrossed and read a third time ; and be- House of Representatives f ing en~;£ssed, it was a{)Cording read the third time, and passed. Mr. HOLMAN. This will be in the nature of a joint committee ap- Mr. J::il!jNDEE moved to recon ider the vote by which the bill was pointed by the two branches of the Legislature. These will not be passed; and also moved that the motion to reconsider be laid on the officers, but commissioners for the purpose of taking testimony on table. which Congress shall act. The latter motion was agreed to. Mr. LAWRENCE. But they are commissioners so far when clothed with the duties imposed upon them by this bill. I am not antagoniz- ...._ ORDER OF BUSINESS. ing the bill, but it is better to relieve ourselves of any constitutional Mr. BUCKNER. I now move that the rules be uspended and the objection, if there be any, and it seems to me that there is a difficulty. Hpuse resolve itself into Committee of the Whole for the purpo. e I would inqnire if there are precedents for the appointment of such of considering House bill No. 3411, authorizing 'the repavement of officers as the e by the Speaker of the House f Pennsylvania avenue. Mr. HOLMAN. WasitnottheSenatewbo appointed the Congres- Mr. HENDEE. I hope the gentleman will inc] udo in his motion sional Printer T the bill reported by the gentleman from Wiscon in [Mr. CATE] to- Mr. LAWRENCE. 0, yes; he is an officer of the Senate, and the day and referred to the Committee of the Whole. Senate and Honse may each appoint its own officers. Mr. BUCKN~R. I will move that the Ho118E:\ r olve its'3lf into 1\fr. HOLMAN. That was a mere evasion. In fact, he is an officer Committee of the Whole on the District of Columbia bu iness. of the United States in some sense, although in another l'espect he is Mr. HOLMAN. Is it not rather late to go into Committee of the simply an agent of the two Houses, although appointed by the Sen- Whole .on this bill 7 It is a very important moasnre, and it is now ate. He discharges functions which belong in fact to the House and after four o'clock. S nate which appertain totheirlegi lativepowers while here. These Mr. BUCKNER. I know it is rather late; but if Congre s pro- propo ed commissioners are not in any proper sense officers, because poses to do anything in reference to the repavement of P~nnsylvania they are commissioners simply to furnish data on which Congress avenue, it is important that we should act as early a~ po ible. The shall legislate. Committee for the District of Columbia wm not be entitled to an- Mr. LA.WRENCE. Still the duties with which they are clothed other day for their business for a month unless by special a signment. rn~ke them officers. I would prefer that the House should act on this bill now, and either Mr. HENKLE. I am not a lawyer and do not profess to be conver- pa s it or reject it. - snnt with the. e technical niceties at all, but I think the duties imposed The question was taken on the motion of Mr. BuCK~TER; and upon upon these commissioners hardly amount to the dignity of official du- a division there were-ayes 86, noes 21; no quorum voting. ties. They are appointed by the two Houses simply for the purpose Mr. EDE_ . I move that the House now adJourn. of collecting information which the two Houses are not in possession The question was taken on the motion to adjourn; and upon a di- of and report it to the Houses. They are truly authorized to summon vision there were-ayes 55, noes 81. 1876. CONGRESSIONAL REOORD~HOUSE. 3097 Before the result of the vote was announced, WITHDRAWAL OF P .APERS. Mr. SPRINGER called for tellers. Tollers were ordered; and Mr. HOL'\IAN and Mr. PIPER were ap- On motion of Mr. CALDWELL, of Tennessee, by unanimous con- pointed. sent, leave was granted for withdrawal from the files of the House of .Mr. BUCKNER. I am not disposed to press this matter now, but I the petition and accompanying papers of Robert B. Randolph. would a-sk unanimous consent that this bill be assigned for consider- The result of the vote on the motion to adjourn was then announced; ation next Friday evening at half past seven o'clock. and accordingly (at four o'clock and thirty minutes p.m.) the House The SPEAKER pro tentpore. The House is now dividing on the adjourned. motion to adjourn. Tl.te House again divided; and the tellers reported that there were- PETITIONS, ETC. ayes 55, noes 61. · Pending the announcement of the result of this vote, The following memorials, petitions, and other papers were presented :Mr. HENDEE said: I rise to a paxliamentary inquiry. At the time at the Clerk's desk under the rule, and referred as stated: the motion to adjourn was made the bill under considera.tion had By Mr. DIBRELL : The petition of 84 soldieJs of the Union ATmy, been partly read by the Clerk. If the House should now adjourn, for the equalization of bounties, to the Comrili ttee on Military Affairs. will it come up to-morrow as unfinished business f By Mr. FAULKNER: A paper relating to the establishment of a The SPEAKER pro temp01·e. The Chair will rule on that question post-route from Capon Bridge, via Dillon's Run, to Millbrook; West to-morrow after consulting the rules. Virginia, to the Committee on the Post-Office and Post-Roads. . By Mr. FROST : The petition of Hiram S. Lathe, for a pension, to LINES OF COMMUNICATIO~ IN" COLORADO. the Committee on Invalid Pensions. The SPEAKER pro tempore, by unanimous consent, laid before the By Mr. FOSTER: The petition of citizens of Sandusky, Ohio. that Honse a letter fi·om the Secretary of War, relative to the lines of com- the la.w remain unchanged relating to the manner of packing tobacco, munication between Northern and Southern Colorado; which was to the Committee of Ways and Means. referred to the Committee on Railways and Canals. Also, the petition of citizens of Tiffin City, Ohio, of similar import, CAPTAIN GEORGE .AR.."'ISTEAD. to the same committee. .. By Mr. HEWITT, of New York: A resolution requesting the Sec- The SPEAKER pro tempore also laid before the House a. letter from retary of War to inform the House respecting the campaign against the Secretary of War, transmitting a report in the case of Captain the Cheyenne and Arapahoe Ind~ans in the winter of 1868-'69, under George Armistead, late of the United States Army; which was re- orders of General Sheridan, showing the number and character of sol- ferred to the Committee on Military Affairs. diers employed, the loss of men, horses, ancl supplies, more especially TESTIMONY OF LIEUTENANT-COLONEL JONES. in the troops under command of General Custer and Colonel Evans, The SPEAKER pro temp()re also laid before the House a letter from and the cost of the campaign and number of Indians killed, stating the Secretary of War, transmitting a letter from the commanding sex, adults, and children; and also copies of the orders issued by general of the Division of the Pacific relative to the testimony of General Grierson, in command of Fort Sill in 1869, relative to the in- Lieutena.nt-Colonel Jones; which wa-s referre~ to the Committee on tercourse between soldiers and Indians after sundown ancl before sun- Military Affairs. rise; and also copies of other papers and facts relating to the treat- POST FUND .AT WEST POINT. ment of the Apache and Modoc Indians hy United States Army offi- cers, to the Committee on Indian Affairs. · The SPEAKER pro ternpm·e also laid before the House a. letter from By Mr; JOYCE: The petition of W. B. Mussey & Son and others, the Secretary of War, transmitting a communication from the Super- of Rutland, Vermont, that the law regulating the mode of packing intendent of the United States Military Academy relative to the post tobacco remain unchano-ed, to the Committee of Ways and Means. fund at West Point; which was referred to the Committee on Mili- Also, the petition of john B. Beaman and others, of Vermont, for tary Affairs. the repeal of the check-stamp tax, to the same committee. INDIAN INTERPRETERS. By Mr. MAcDOUGALL: Memorial of John B. Richardson, Peter K. Kennedy, and others, manufacturers and dealers in tobacco, against The SPEAKER pro temp01·e also laid before the House a letter from any change in the law regulating the manner of packing tohacco, the Secretary of War, transmitting a statement of the men regularly to the same committee. employed as Indian interpreters at frontier military posts; which was By Mr. O'BRIEN: The petition of Annie Lieutand, for a pension, referred to the Committee on Appropriations. to the Committee on Revolutionary Pensions. MANNERS A..."'D CLTSTOl\IS OF CERTAIN INDIANS. By Mr. PAYNE : The petition of John Schriber & Co. and other The SPEAKER p1·o tempore also laid before the House a letter from wholesale dealers of Cleveland, Ohio, that the law regulating the the Secretary of War, transmitting sketches illustrating the manners manner of packing tobacco remain unchanged, to the Committee of and customs of certain Indian tribes; which was referred to the Com- Ways and Means. mittee on Indian Affairs. By Mr. PHILIPS, of Missouri: Memorial of the merchants of Se- dalia, Missouri, against any change in the law regulating the manner .AFFAIRS .AT FORT SILL. of packing tobacco, to the same committee. The SPEAKER p1·o tempore also laid before the House a letter from By Mt. TERRY: A paper relatin~ to the establishment of a post- the Secretary of War, transmitting a copy of an article from the New route from Osborn's Ford to Guests Station, Virginia, to the Com- York Times relative to matters at Fort Sill; which wa.s referred to mittee on the Post-Office and Post-Roads. the Committee on Expenditures in the War Department. By Mr. THROCKMORTON: The petition of citizens of Clay County, Texas, for a change of the post-route from Fort Sill to Jacksborough, N.ATIO~AL ASSOCIATION OF VETERANS OF THE MEXICAN WAR. so that the same shall run through Henrietta, Clay County, Texas, to The SPEAKER pro tempore also laid before the House a letter from the same committee. the Secretary of War, transmitting a report by the Quartermaster- By Mr. WALSH: The petition of Mrs. Mary E. Peacher, a.dmiu is- General on the application of the National Association of Veterans tratrix of John Peacher, deceased, for compensatiou for m;e auill (S. No. 83~) for the relief of William C. Spencer; which merce, from city, county, and State authorities, and from private wm; read twice by its title, referred to the Committee on Military Af- citizens as well, whose concurrent testimony establishes beyond the fair , and ordered to be printed. possibility of successful contradiction the alarming fa.cts, that the DniTGRATION OF CHTh'"ESE. effect of Chinese immigration upon the Pacific coast is to dcgrarle the Mr. MITCHELL. Mr. Pr sident, I gave notice yesterday that I de- industry of the country, to subordinate the labor of the honest, hard- sired to-day to submit a few observations on the general subject of working, free .A.mericaJI citizen to that of the dishonest, servile legions Chine e immigration ; and if it. is the pleasure of the Senate that I of a rice-eating and heathen race; to establish 'vithin our borders a shall proceed now I hall feel under many obligations. system of serfdom equal to, and, I think I may say with safety, infi- The PRESIDENT pro tempore. Is there objection' The Chair hears nitely worse in some respects, than any that has ever heretofore cursed none. our country with its iniquity; to debauch and defile our youth; to cor- Mr. ED.l\fUNDS. Do I understand that to be a desire on the part of rupt the channels of traue; to set upon the face of our beautiful the Senator to proceed beyond half past twelve o'clock? · cities the degrading seal, the disgustin~ impress of · Asiatic life and Mr.MITCHELL. I should like, if it be the plea ure of the Senate. to manners; in a wonl, to contaminate and Mast our civilization with have the time extended until I shall have finished what I desire to say. the degrading tendencies of a people numbering neru:Jy, if not alto- · Mr. EDMUNDS. I certainly have 110 objection as an accommoda- gether, one-half the entire population of the globe; a people whose tion to the Senator, if there is unanimous consent. · history, customs, habits, modes of life, and aspirations have for ages, The PRESIDENT pro tempore. Is there objection and must of necessity continue to be for centuries yet to come, sur- Mr. SHERMAN. How long does the Senator de ire to speak f rounded in the shades and consequent darkness of heathenism. Mr. MITCHELL. Half an hour or three-quarters. 0, but says one, even admitting our physi~al power to inhibit this The PRESIDENT p1·o. tempore. The ChaiT he~u"'S no objection. cla s of immigration to our country, yet upon the broad principles of Mr. MITCHELL. Mr. President, the bill of the honorable Senator humanitarianism, on the doctrine of the right of expatriation, our from California, [1\fr. SARGENT,] presented by him yesterday, not hav- doors should not be closed. No, say they, not even against the cli.m- ing been printed, I have not had an opportunity, of course, to examine inal heathen of the nation ; but, on the contrary, t.hls asylum of ours, its provisions. I have, however, a general knowledge, I think, of their of which we are all so prond to speak, and the more e:specially in this import. I move, therefore, to take up the resolution introduced by centennial year, should, like the gates of gospel grace, ~Stand forever the Senator from California a few days ago, having reference to the open night anarate by the civilized world, one that should receive the approbation of caste." mankind; and e pecin.lly should intelligent, free America extend this I know that their inftux. into this country will widen the field of the doctrine to the civilized governments of Europe, and not only extend mi sionary within our own bounds. I know that so long as they are it to them but in ·ist upon it with reference to all such governments permitted to come some of their number, but the very fewe t, will be whose subject -either in large or small numbers-may de ire to bet- lifted from the depths of their degradation, and through the commend- ter their political condition by seeking a homo and asylum in our able efforts of Christian men and Christian women be placed upon country, by becoming citizens of our Republic, and thus availing the higher and broader 3ild better plane of American civilization and themselves of the superior immunities from political oppression of Christianity. But will even this, either in a moral or Christian afforded b,r our peculiru· form of government. point of view, compensate for the pestilence, the moral, social, politi- But, .Mr. President, there are nation , iu my judgment, that are ex- cal pestilence with which the countless thousands that will come, ceptions to this rule, and if they do come technically within the rule, and who are necessarily unreclaimed, will infect the present and fu- as no possible good can come to the subject1 nor ~o our own country 1876. CONGRESSIONAL RECORD-SEN.ltTE. 3101 but on the contrary an infinituue of harm, then I contend they should the effect that, although a treaty is the supreme law of the land, vet mark th~ exception, and thus add stability and force and power and an act of Congress passed subsequently to the date when the treaty strength to the rule itself. went into operation will, so far as it conflicts with the provisions of Let us look at. this rule for a moment and at the exception, because the treaty, ·abrogate it or suspend its functions. Whatever may be I claim that there is an exception, and that it is in this case. We go our power in this respect-and I concede that, if we have the power, down then into tb,e depths of Asia, among the Chinese of . China, if it is one tQat should be approached with care and with great cau- you please; we look upon that strange people, the history of whose tion-it is certain that we have the power to appeal to the Executive imperialism runs back into the ages, yes, even so far back that the of the nation, and ask of him and of our Secretary of State to enter penetrating eye of the nineteenth century fails to trace its origin in into negotiations with the Chinese government looking to a reforma- the shades of departed time; and we ask of them, "Do you desire tion of the treaty; and this, in my judgment, after all, is the real a change in your governmentY" and they answer," No." We then remedy that ought to be applied in this case. say to them, "Do you, as individuals, uesire to better your political While I have said that I would approach with extreme caution any condition; do you desire to abjure your allegiance to imperial power: legislation by Congress upon this subject that would come in con- do you desire t.o attach your allegiance to our institutions, to our flict with any existing treaty stipulation, still I will say that, if it is country ; do you desire to become citizens and sovercile, and they the Burlingame treaty, provide a remedy constitutionally or consist- recognize the fact that the Chinese that are absolutely here are here ently equal to the magnitude of this great evil t Perhaps they can. in virtue of treaty stipulation ; that they, therefore, are rightfully Perhaps they may upon the ground that, I understand, has been de- here; and that bein~ here, they are in all their civil rights entitled cided more than once by the Supreme Court of the United States, to to t.he equal protection of the law. If there are any others-and I 3102 CONGRESSIONAL RECORD-SENATE. M.A.Y 16; must confess there are a few on our Pacific coast-who do not recog- Mr. CONKLING. I made a mistake in not consulting my honor- nize these facts, and who counsel a resort to violence, they do but able friend from Vermont, instead of consulting the mover of this pa,ralyze the arms of the real reformer at home, in the East, through- bill, in order to get con ent to move in the Senate that it should take out the country, in the councils of the nation, and everywhere else. what seems to me it appropriate reference. Doubtle s, if I had made They trample upon law and order. They excite to anarchy and con- to the Senator from Vermont the sugge t.ions which I think I could fusion. They fan the flame of prejudice and discord; and so far from make now to the Senate, he would have seen orne r a. on which n.re removing the cause of the discontent by such a courso of action, not covered by the remarks he has made; but speaking to the enator they do but rear formidable impediments in the only legitim'lte way who moved the bill, and finding that he concmT d with me, I made in which the evil can be corrected. t~e sugsestion at once. Without going into the rca ons generally, I I then, Mr. President, in conclusion appeal to the Senate; I join will a s1gn one. my friend from California in behalf of the people of the Pacific coa t The proceeding against which this bill is aimed is of course more in appealing to the Senate, and the Congre s, and the President, or less in consequence of, if not by virtue of, a treaty, as all tho e and the Secretary of State, and to the whole people, to all men and who have listened to the very interestlnnt person the above-named snm of two and a half mills per printed page and seventy cents in its employ to inspect the papers deliverecl under any contract as to quality per volume for binding to em braco all charges made by the said l!'ranklin Rives for quantity, ami weight, and no bills arising under such contract shall bo paill except t.he printing, binding, uelivery, and all other work connected with the prompt pub- they bear the joint certificate of the Government Printer and an inspector as afore- lication of the proceedings and debates of Congl'ess in daily and book form, as the said, all accounts so certified and approved to be fot'warued to the head of the CoNG llESSIONAL RECORD 1s now published, and for the saitl stereotype plates: Pro- Department authorizing the contract for payment. When the work is completed vided, That the said Franklin Rives shall enter into good and sufficient bonds, in and delivered the Government Printer shall prepare an account in detail showing the sum of '100,000, subject to the approval of the Secretary of the Senate and the the cost of each item, as provided in this section, and present the same to tho beau Clerk of the House of Representatives, for the faithful and prompt performance of of the Department for whom the work was done for payment; anu, if conect., the his e.ontract. same shall be paid in full, less the cost of the pftper, by cheek upon the Treasnrer SEc. - - That it shall not be lawful for any printing or binding, other than that of the Uniwl St.ates, which check shall be immediatel,y deposited in the Treasury for Congrt¥3s or for the Executive Departments, to be executcu at the Government to tho credit of the apJHOpriation for the public printing and bin dina, to bo urnwn Printing Office; and all branch or other printina offices or binderies (except the therefmm only upon requisition and warrant in tile usual manner. ~Vhcnever tho printing office at the headquarters of the Signa-l S'ervice Corps) now in the various Government Printer shall complete any work which may be given him to do under Departments or Bureaus thereof, be abolished; and that it be the duty of the Gov- the p1·ovisions of t.his act, he shall report to the proper Department the quantity, erumont Printer to have all the materials belongin_g to the United States in the said ldnd, and cost of tho several papers remaining in his hands, and the same shall be printing offices and binderies transferred to the uovcrnment Printing Office, and held subject to the orders of the head of that Dopartmcnt: And provided further, that it be unlawful to have any printing or binding executed in any Department or That the beforenamed provisions shall also apply to the appropriations for print- Bureau thereof. in~ and binding for the Library of Congress, and that it shall be tho duty of the All of which is respectfully submitted. Liurarian of Congress to issue schedules of tho printing and binding required for said Library to contractors and t() the Go,ernment Printer, and to have the said Mr. WI LSON, of Iowa. I demand a separate vote on each one of work done as it is in this section provided for the execution of the printing and these resolutions. binding for tile Departments. The SPEAKER pro tempore. The Chair sees no objection to that SEc. -. That the Government Printer shall, in his annual report to Congress, as required by existing laws, also render a detailed statement, in tabular form, setting course being pursued. forth the number of copies, amount and kind of work, and the cost of each docu- Mr. WILSON, of Iowa. I have the right under the rule to demand ment, pamphlet, blank~ or other printed matter, executed in accordance with exist- a separate vote on each resolution if it contains a substantive prop- ing laws or by order ot either House of Congress arranging the various items un- osition. der appropriate headings, as foll{)WS : Title or subject of work; number of copies; number of pages; number of thousand ems printer's measurement; cost of oom· Mr. V.A.NCE, of Ohio. Mr. Speaker, your committee, in entering position, proof-realling. corrections, making-up or imposing, and press-work; cost upon the consideration, and in making the inquiries directed by the of stereotyping or electrotyping, cost of lithographing or cng-1-aving, including paper resolution adopted by the House some time since, by which they were and printmg; quantity of paper used, weight. description, and cost per ream; cost of dry-pressing, style of binding, cost of oinuing per volume, including foldin~; required to examine into the cost of public printing, and suggest re- gathering and stitching, or sewin~.i t()tal cost of each document; pamphfet, blanK, forms if such were needed, took all the means in their power to get or other printed matter; and the nistribution of each. information in regard to the question of printing done for the Execu- SEC.-. 'I' hat theGovernmeut Printer shall keep such a set of books as will show tive Departments and for Congress. Thatinformation could only be tho complete tJ.-ansactions of the Government Printina Office under his direction, exhibiting tho purchases of paper and other materia.Ys in detail, and the uses to obtaiuecl by calling upon the several Departments for reports of the which the pttper and other materials so purchased havo been applied, and enabling work done. Letters were addressed to the heads of the various De- him to make the detailed statement called for in the preceding sections, both for partments, asking for a full and detailed report of the work done in work executed for the Departments ana for Uon~ress and the moneys paid by tho each one of those Departments, and for each and every separate Bu- several Departments for work done by their oruer; the said books to show the reau and office by the Government Printing Office during the two description, quantity, and cost of all materials purchased ; the description and qnan- hty thereof issued to the various departments of the Government Printing Office; yea.rs ending December 31, 1875. The committee also asked for cop- the description and quantity thereof used in tile various items of work executed; ies of all blanks, and other work executed. The answers were gen- and the description ancl quantity of any paper or materials destroyed, lost, or of c;rally full and complete, but prior to about February, 1874, the Con- which fragments shall bo sold. And it IS m!Ule the d11ty of the Joint Committee on Pui.Jlio Prmting to inspect, at least once a ye:tr, or oause to be inspecteerformcrl by printers, book- upon information received from the Congressional Printer. binders, and other employes in the Government Pnnting Office for eay a monstrous evasion and perversion of tho law, constructive charges before the close of the month of December in which tho said message shall be de- were allowed four times greater than the j_ust and leaitimate charges. The types livered: Provided, That while it shall be the duty of tho Government Printer to were set once a year, and charged for settmg every day, often three or four times print copies of ·the reports proper of the beaus of the Executive Departments, as a. day. I will e)--plain the manner in which this was done. Two elements enter provided in section 3798 of the Revised Statutes, it shall not be lawful for him to into the cost of printin~ these blanks, composition and press-work. Composition print the reports of the \arious Bureaus and other offices of tho Executive Depart- is setting tho typo; press-work is strikin"' off the sheets after tho type is set. The ments, nor shall it be lawful for the heads of Departments or their subordinat.o offi- price of composition on a shoot of these blanks was $13; the price of press-work cers to have the reports of Bureaus or offices printed by any one at tho public ex- was $1 for a thousand sheets. The type, once set, would last for millions of im- pense: And provided further, That the ;papers rolatiug to foreign affairs accom- · pressions. It wa.s generally stereotyped. If an order was given for one thousa.ml pan:ying the annual message of the President of the United State shall be trans- sheets of blauks, the bill would be: for composition, $13; :for press-work, ~ll-$14 mittetl to the Senate in writing with the aforesaid mcssa~e, a.nu the Secretary of a. thousand. If tho order was given for 10,000 sheets, tho I.Jill woulu be: fot· com- the Senate shall at once transmit the samo to the editor ot the abridgement, who position, $13; for press-work, $10-$'2:3; or $2.30 a. thousand. If the order was given IV--195 3106 CONGRESSIONAL RECORD-HOUSE. MAY IG, for 30.000 sheets, the bill would be: for composition, $13; for press-work_. S3Y43; ket." We :find that about $175,000 a year bas been spent in .the pur- or 1.43 a thousand; and all under the same law, and at the same nommal price. chase of binding materials. We find distinctly that no eftorts have No char.-re should have been made for composition except in the first instance. been made by the Congressional Printer or by tlle foreman of the :Mr. RiY~ ·printed the blanks for nine years and never made a single charge for composition-not once, not in the first instance. He, a practical printer of great binding department to get these articles from the rna.nnfacturers or experienct'l, was consulted in framing the law. antl it never occtrrrecl to him ~at to get them at the lowest price. It is in evidence that these gentle- composition would be charged. nnuer it. He would as soon thought of guarding men have never made any attempt to protect the interest of the Gov- against an extra charge for ink. ernment by seeking for these articles at the lowest price; but, on the I shall show later, Mr. Speaker, that the same system there spoken contrary, orders have been made up and sent to one particular bouse of, and justly condemned by Senator A..~THONY, has entered into the (save in one case) for the purchase of thi!i kind of material for the charges made at the Government Printing Office here. last seven yea.rs, and to one house alone. · It was deemed advisable, and discussion came up ppon the ques- Now, Mr. Speaker, a private establishment doing a la.rge business tion, to est.ablish a Government Printing Office. I regret that my requiring one hundred and seventy-five thousancl dollars' worth of time will not permit me to go into details and quote at length from articles of a certain class would without question make all endeavor that discussion. Upon this question Mr. Burnett, in the Congressional to get those articles at the lowest possible price at which they could Globe, volume 41, page 2504, mane use of the following language: get good articles. We here find that the Congressional Printer, Now, when we have bought or built a printing establishment, when we have the charged with the responsible duty of doing all that be can to secure . presses and all the other ·necessary materials ready, how many employes will be material at low prices, and thereby to save money to the Government, fonnd tl1ere1 How much will it take to start this immense machine '! How much bas failed to make any·exertion to do so. We find still further that will it cost to build the establiilhment, provide it with presses and other material, and then, how mnch will it cost to keep it, in workinJ.! order~ All these are perti- one gentleman from the State of New York, representin(T perhaps one nent questions. With all due respect t.o the gentlemen wbo favor the amendment of t.ho largest houses in the country in this particular cYass of goods, of the gentleman from Ohio, and who may, perhaps, know more about t-he public came on to Washington in January, 1874, and told the Government printillg than I do, I must be permitted to say, that in m.v jud,gment, a few years' Pl'iuter that be was paying too much for these articles, and that he trial or such a vast concern will demonatrat~ i ts impracticability. It will prove tho mean~, I think, of cormption that will smell badly in the nostrils of tho people. himtielf was willing to furnish equally as good articles at a much less It will, sir, in my judgment, be a. he..·wy drag upon the Treasury. Hence I shall price. No attention wbate\'er was paid to this. If the Congressional vote against it. Printer bad up to that time been acting ignorantly in this matter, he Senator Pugh spoke as follows, page 3060 of the Congressional caunot plead that excuse after the information he received from the Globe, volume 42: member of t.bat firm. No attention was paid to this. A year elapsed, Now, sir, I am opposed to this Government Printing Office. It will be the worst and in January, 18i5, the same gentleman called on the Congressional job, tho worst nuisance, an incubus that you ca.u not 11:et rid of, unless you set it on Printer with a schedule showing the prices of all the articles he could fire aml bum it down. Once let it be established, acd it will be the,:rreatest source uetermine from the report of the Congressional Printer of purchases of abuse and COtTuption. 'fherewill be committee of investigation after committee made of binding materials during the preceding year, a.nd oftered to every session, w overlook it. I do not want any more depaL'tments added to this GO\'erurutmt; I do not want any more establishments. 'Ve h.avo j!Ot enou.erfu1ly do it now, to the But I have not time to go into detail in reference to all matters; manner in which the work has been performed by the present contrnctors. It is these examples serve to cover the whole ground. We find the same as near perfect a.s anything of the kind possibly can be. This work is done easilyf thing all the way through in reference to overcharges. quietly, promptly, and wo never hear from the contractors. I do not think that I now come to t.he question of Government binding. "\Ve find there have spoken to them more than once this session. They never come ne:1.r us, but always send us their work well dono. ha.<~ been wasteful extravagance, to use no harsher term, in the or- ders given by the Departments for varioue kinds and classes of bind- In a discussion in regard to the pubUcation of the debates, Senator ing. I hold in my hand a book, a bound book, "The Birds of the ANTHONY (Congressional Globe, volume 73, page 1512) said: Northwest." You will observe by looking at it where some of t.be I havo no doubt that the Congressional Printing Office cando this work as cheaply gold-leaf ha.s been used so profusely. Of this book there were fifty itas it can be dono by anybody, and that whatever money a contractor can make on will be saved by the Government, subject·, of course, to the deduction that must bound, at a cost of 212.50, or n,bout $4.25 per volume, for the bind-. always be made for Government work in competition with private work. It always ing alone. This work was done for the Interior Department. Here costs rather more. is the Report of the Secretary of the Interior, volume I, for 18i5, of And again, in 1872, (Globe, volume 88, page 1319,) be snid: which five hundred copies were bound, at a cost of $471.30, one hun- We investigat-ed that matter nnd made a rr.p ort to Con.!ITe on it three or four dred bound in the style which gentlemen can see, and four hundred years ago. We then had an offer for the printing of the debates from the present in cloth. The cloth copies, according to the estimates, cost about contractors; we had proposals from a firm of printers, I believe, in New York, and we bad an estimate of the cost at the Government Printing Otfico from tho Con- twenty cents a volume, which would leave the cost of this bound gressional Printer. Tho cost at the Government Ptinting Office antl the figures copy at about $3.90 per volume. given by the New York parties were about the same, and were eonsiderably less In examining the report of the Secretary of War, by the way, I saw than those of the Globe, I think about thirty or forty thousand dollars le s; but, that $1,290 was charged for binding a few books. I could not under- upon a very full tleba.te in tho Son ate, the committee, who recomm ·ndecry great saving; and it would be a gr'Cat convenience in many volumes of fifty views each, boull(l on short edge, cover 1~ by 21 inches, and six- respects; but I do notlrnow the man who would like to~undertak~ the task of edit- teen volumes of fifty views caeb, bound on long edge, cover is by 2'2 inches. ing the Globe. I would not do it for $50,000 a. year. The examination of witnesses, as well as the samples furnished, , Senator FRELINGHUYSE~ (Globe, volume 73, page 1512) sai.d: show that tbi!~ safn.e system of extravagance has prevailed. for years We are told this change will be a saving of ~0,000; buthowistbat estimatemade1 past in reference to the binding and printing of the Government, and That estimate is made not by a person who is J!;Oing to take tho contract and who is we have found nowhere that any effort bas been made to put a stop unaffected entirely by the question whether hls estimato is correct or incorrect, and to it. I havo not a great deal of confidence in it. Besidesi I believe it is the true interest of the Government to make as few contr-1ots, to unc ertak:e as few jobs, whether in I next come to the question of overcharges. The overcharges re- printing or in building railroads or canals, or anything of that character, a.s possi- ferred to in the contract system have prevailed here ; the same sys- ble; but to mn.ke contracts with indi >iduals and make them strictly and have them tem of" doubling up," or charging for work that has not been done. rigidly enforced. This paper that I bold in my hand is what is termed a form of six- Senator MORRILL, of Vermont, (Congressional Globe, volume 73, teen pages. These sixteen pages are made up in type, locked up in page 1512,) said: what is t.ermed a chase, aucl put upon a press. The paper is put in If this change should be made, I have no ide..'lt but that, instead of making $40,000 and run through the press and· comes out with sixteen pages printed for every two years of congressional printing, we should rnn untler at least ~.ooo on it. a year. Now, the complaint. that was made heretofore in discussing the And agn,in (page 1513) he sajd: wrongs practiced under the contract system was that t.he contractor I do not beli!We that we are on the road to retrenchment by making this change; would print these sixteen pages-would tear them apart and charge but I believe that if it should be made we should revert and turn back to the same sixteen times for the work. But what do we find in reference to the system within four years. work of the Congressional Printing Officef We find this identical Senator Fessenden (Globe, volume 73, page 1513) said: system carried out there, and it ha.s been carried out there through all As it stantls now, the question is whether we should gain or lose by it. My opin- the books that I have examined. ion is that we should only lose by attempting to do it, because I think it is over· Before I make a further explanation in regard to this, let me say burdening the Public Prmter ; and I think those men have done tho work so well that the charges were changed two years ago upon complaint of the and sobelong that their judgment as to what they can llo it for, as they certainly very desirons of getting the contraot, is a. good deal better than the juug- Post-Office Department, as stated in the testimony of the Congres- must ment of anybody olse. sional Printer; a redtlCtion of 40 per cent. was made in the charges Senator Hendricks (Globe, volume 73: page 1514) said: against the Department. Now, Mr. Speaker, let me ask here if that change of 40 per cent. wa.s made why had not the error been discov- inMr. President, nothing is more deceptive than public estimates; we k'"IlOW that the grc:tt bolly' of tho work that is done for the Government, t.be construction of ered before and remedied t public l.mildings and repairs and all that. Now, sir, I have Yery little confidt'nce But now I am speaking upon the present charges. Look at this. m the estimates that are presentccl here from the bnreart of public printin~, if it Here is a form of sixteen pages. If tbe.se forms were made up of sin- may be so called. I do not believe that this printing will bo done at the Public gle-sheet reports there would be sixteen printed at once. Here are Printin_g Oifice for tl,lo prioe that we are pa}ing to tho pre ent company. I do not expect it to be done for that price. I know that tho Government nu,·er does work sixteen cut apart. Now the Congressional Printer prints off these as cheap as individuals do it. Ordinarily we can pay inrtividLlal for work done forms of sixteen pages each. He tears them into sixteen pieces. He and a reasonable profit, and savo money to the Government, rather th:m do it di- makes sixteen separate and distinct jobs of nineteen hundred copies rectly throu~h the agents of the Government. This work has been carried on a. each. And what does he charge T Not one press-work, but sixteen credit long while oy this otlico to tho satisfaction of members of Congres . It reflects upon the Government, and I am very roluctantrto see a change made. In tho press-works. What is the result f He makes an overcharge of courso of a. Congress I believe it is now claimed that there can be a. cban~e made in about $85 for press-work alone upon each and every form of that f:!ort favor of the Trea-'!nry of forty or fifty or sixty thousand dollars. Whon w_e come that he puts through his press. An examination of the books of the that to test it by eA']Jerience I think that the chn.nge will be the other way; it will cost much more than it does now. Congressional Printer shows that full press-work is charged upon each and every job of work, whether put through the press singly or Senator MORTON (Globe, volume 73, page 1515) said : combined with other jobs. I have no faith myself in the Government directly procuring heav.v work of this Then there are overcharges made in composition. We find by kind to be performed cheaper through its own immelation, if found necessar.v, sbouhl be based. house or of any of the subordinates. I therefore dissent from so much of the report of the committee as pretends to The specific charges and resolutioflS looking toward the indictment criticise or censure the conduct of the Congressional Printer; upon the ground, first, that the oommitteE> was charged by the IIouso with no duty in that behali; and impeachment of the Congressional Printer, an officer of the Sen- and secondly, because, even conceding that the resolution could be oonstrued as ate, and not of the House, seem to have been paramount to every other giving such authority, it was beyQnd the jurisdiction of the House, and ntterly consideration in this investigation. void. I wish briefly to notice these charges in the oruer in which they are I also dissent from all that part of the report, because in my opinion the testi- mony fails to show a ca.~e justifying any harsh criticism or eoudemnation of the recapitulated in the majority report. . Congressional Printer. 1. The extra cost of •work, if true, should not be charged altogether I pass without particular mention the course pnrsned by the committee in the upon the Congressional Printer, as Congress makes eight hours a Jegal examination of witnesses, the fact that the examination was held in secret, a.n d day's work, while in most private offices t,e n hours is the rnle, ma,king exhibited a purpose to travel beyond what was necessary to form the basis of leg- islation to cast discredit upon the Printer. nut from the testimony as taken I am a difference of 25 per cent.; and the printers' union, on the ground 1m able to find any just grotmd for condemnation in regard to the manner in which of extra expense of living in Washington and the inconstant work i.n the business of this branch of the public service has been conducted. In one or the Government Office, demands higher wage~:~ than the average in two unimportant particulars there may have been such departures from the stxict other cities. · letter of the law as illwyers would denominate irregnl.'lrities. But in no instance bas the Trea..nt fifty of these for the War Department, and charged $17.18 for the fifty. Do yon Printing Offico by authority of law shall, previou to iv being put to pr<>ss, notify know whether that is a reprint or not~ the Congressional Printer of tho number of copies wanted aml shaJl pay to him, in. A. I don't know anything about it. · advance, the estimated cost thereof, and 10 per cent. thereon~ the Congressional Printer Q. I have here War Department numbers 67, 143, 159, the numbers referring to may, under the direction of the .Joint Committee on Pnolic Printing, furnish the the sample of tho work sent from tho Department to me. One is the annual re- same. (Section 3809 of the United States Revised Statutes.) port of the Secretary of War of tho operations of his Department for the year endino- .Tune 30, 1874. Can you tell whether that is a reprint 1 Yet Mr. Clapp, in ignorance or defiance of said law, has disposed of A. f cannot tell you whether it is a repri::J.t or not, because I do not keep those the public property, makinfl' no entry upon his books of any charac- books or accounts, and it is not possible for me to telL te.r of a large proportion of said sales. Every sane mind callcu to Q. Is it or is it not customary for the Secretary of War to order extra copies of his reports~ consider these facts is forced to one of two conclusion , either that A. That I cannot say. he was ignorant of the law and his duty thereunder, and is conse- Q. If any errors had been disconred, would they appear on your books 1 quently unfit for the office, or else thnt his object was to appropriate A. If we had discovered errors I t-hink they would have appeared on the books. the proceeds of those sales to his own use and leave no traces on Iris Q. I mean this: if yon ball made an overc"barge, through madv-ertence or other- wise, would you discover it in making your settlement at the end of the year or books of the transaction. If his ignorance disqualifies him for the when you made your report~ office, much more then his dishonesty. A. No, sir ; I vernment Pri ting Office in * "' * such a manner as to exhibit clear results as to the cost of the work executed there, Q. This book then was made up from memoramla ~ the quantity and cost of the materials purchased, the quantity and cost of those A. The book was made up from a statement of facts as they existed at the time, commmed, ann kept and the office of fections, &c. the Con~('.ssional Printer managed, as shown by the books, could any individual A N~ . or corporation pursue tho same system and hope t{) escape bankruptcy 1 Q. Were the contents of those loose sh-eets of paper which show an accumulation A. I should say tha.t under this system of book-keeping an individual or corpo- of about $50,000 copied from other slips of paper~ · ration, b ein~; const:mUy at sc& as to the actual state of his business affairs, it nec- A. A portion of It was and a portion is miginal entries. ess,n 'ily migut involve him in bankruptcy. Q. Was not, in truth and in fact, thisvaper copied at one time and at one sit- Q. From your examination of these books, compared. wi•h the r eports of the Con- tiller 7 greasional Printer, do you consider them 313 in any sen so reliable 1 A. It was not. A. I do not from actual examination of the books before me; I should say that Q. How much was copied 7 they were not reliable ; they aro unreliable. A. The greater portion of it. · Q. Where is the book, then, which show11 the amounts of receipt of money 1 Theodore De Vinne, as to mn.nagement of office n.ud payment of A. This l.Jook, as far 118 it goes, with this paper added, shows it down to the 10th hn.mls: of March. Q. So, then, this book as far as copied from the other one, only shows the deposits Question. What hours are required of, and what wages are paid to, piinters in malle in t·he Treasury, and u()eB not show the amount of cash which ha.s been re- the Congression[l.l Print.iug-Office in this city 1 ceived from time to time 1 Answer. I am informed and believe that they are paid $24 a week for a day of A. That is right. eight hours, and sixt.y cents a thousan(l when they work by the piece. Q. You have no book, then, in your possession other than the one now before us, Q. How much higher, then, are wages in this city than in Now Y01·k 1 labeled .. Summary Caah-book," and have never had any book since you have been A. Fifty per cont. in the position which you now occupy, which shows the amount of cash which bas Q. In the book-offices of New York and in the job·offiees that do book and come into your hands~ · pamphlet work, how are men employed-by the week or by the thousand ems 1 A. No, sir; I have no other book, A. By the tbousaml ems, exce~ting the Yery few men who are employed as ma- Q. Do yon n~?t, in fact,_ arbitrarily make up the amount you put in the Treasury, kors-np, readers, and foremen. Nine-tenths of the men employed work by the piece. aml after making up this a.n10unt make entries to correspond, in that summar-y Q. If the average .tvernment Printing Office were conducted upon t.be same principles Q. Please examine the book which is marked " Summary Cash-book," and answer that govern the conduct and management of a. private establishment, ought not the question why it is that you have kept the money which finally vou have depos- work to be done cheaper there than in a private establishment1 ited from time to time in the Treasury, most of it for twelve months and much of A. I think it could be done cheaper; that is, provided it did not attempt a great it for two years after it has been received' variety of work. . A. Because those moneys had been retained for that purpose. • Q. You have retainecl those several amounts, besides other l.·uge amonntswhicb By Mr. BALLDU: :you say the books do not show ·as coming to your hands, all for the purpose of pay- Q. Do you not think that the Gi>vernment can control the price of labor as well ing hands1 as inilividuals could control it ¥ A. Whatever moneys have been received have been withheld for that purpose. A. I do. Q. Then the only th1ng required in order to have it done cheaper in the Gov- By the CHAIIUIAN: ernment Printing Oflice tban It can be done by private parties is to have the office Q. In a regular system of book-keeping, where monevs may be retained at will, is well ma.n~ed 1 · it not-customary in a book like your summary cash-book to enter on the debit side A. It needs some d.iecretion in fJJ.e selection of work, as well aa economical man- every transaction which brin:rs money into the fund from waste-paper, shavings, agement. imperfections, &c., while all deposits in the Treasury are entered on the creuit The testimony of John G. Judd, Daniel P. Steele, Joseph L. Pear- side, so that the difference between the two amounts would show the balance in your bands at any time~ son, John R. Edwards, L.A. Lipman, n.nd Grafton Johnson, all prac- A. I have no doubt of it. tical ruen, successfully engaged in business, corroborates Mr. De Vi nne Q. Wby, then, do yon not keep your book in that way~ in the statements he made, while it leaves no room to doubt the gross· A. In the first place, I did this for the very reason that if anybody would want est extravagance in the administration of the Public Printing Office. to look at this matter they could see this matter as it occurretl. Q. But have you not, in truth and in fact, concealed this trnlli!action from any one These gentlemen, summoned as experts before your committee, are who examines your books Y men of high standing in their voca-tion, and by no moans envious or 1876. CONGRESSIONAL RECORD-HOUSE. 3115 desirous of Government work. ln fact most of them, when asked, By Mr. SINGLETON: distinctly stated that they are not now, nor do they expect to be in Q. Would you consider it fair to the Government tbat such prices should be paid the future, applicants for Government patronage. Tho charge, there- as the Contressional Printer paid for the m..'tterials which you have spoken of with- out first suomitting the same to competition~ fore, that these gentlemen did what they did from envy, or prompted .A.. No, sir; there is no individual binder in the country that would pay those by any other motive thn.n that of telling the truth, rests upon no prices. foundation in fu.ct other than the simple assertion of the minority of Q. Have yon ever known of an opportunity beinu afforded by the Congressional this commitf,ee, unsust..1.ined by the testimony. Print~r to dealers in binders' materials to compete for the articles which you ha>e mentioned 1 I next propose to show the 1·eckless and criminal manner in which A. No, sir; I have not. purchases of materials for the Government Printing Office have been made; the enormous losses which have occurred to the Government Da.niel P. Steele, a practical binder, who served a regular appren- in this way, fm which Clapp and his securities should be made re- t.iceship, ancl for thirty yeal'S bas been engaged in the business both sponsible to the extent of the penalty of their bond. I have a copy of as journeyman and manager, sn.ys: said bond before me, which is executed in a penalty of $80,000, paya- Question. From your examination of the Congressional Printer's report, what ble to the United States, and contains the follow~g among other say you as to the per cent. o"erpaid for bimlers' materials~ A.nswer. As an average of the entire purchases, I find t.bat the ilxcess is all the provisions : . way from 30, 35, to 40 per cont. in excess of ret.'lil prices. Now therefore. the condition of the foregoing obligation is snch that if the said .Almon'M. Clapp has truly and faithfully ~xecuted and disch~ged an?- sb~ con- George .A. Gane, being a. large dealer in binding materials, gives his tinue truly and faithfully to exec.ut~ ~nd dischar~e all the duties of srud ofii~e a?- testimony as follows : cording to law then the a'bove obligation to be vo1il and of none effect, otherWise 1t Question. Did you, at the time you called u_pon M:r. Clapp, present a schedule of shall abide and remain in full force and effect. materials with the p1iccs ·at which you would furnish them 1 .A. M. Clapp testifies as follows: Answer. I did not. Q. .At what tin10, or about what timo, wa.~ this first visit made to Mr. Clapp¥ Question. In making purchases in open market do you endeavor, by inquiry or A. I shouhl say about a. year before we presented the schedule. otherwise, to arrive at the lowest prices~ Q. Did you, at the time you called upon him, make a statement to him or let him .Answer. I hMe always done that. I have tried to get at the bott<1m of the know, in any way, that you could furnish goods cheaper than he had been getting market. them~ Note this answer, and compa.re it with others made almost imme- .A. I did. The simple remark was made that we could furnish him goods to bet- diately after: ter advant.a~e Umn he was buying them. Q. He tolu you that he would look into it 1 Q. Do you know whether or not you could have made these purchases for a less .A.. He vernment P1inting Office 1 Q. Have you ever made any effort to ascertain, outside of the information you .A.. Wcdid. . received from your foreman, as to the manner, and mode, and place of purchase, Q. State when you made the secollfl application ancl all about it~ and the amounti A. In January, 1875, we made ~>x.t.raots from the Printer's report of the previous .A. No, sir. year, showing what be har1 paid for binding material during that year, and against Q. Have you ever advertised for proposals for articles which you are required to tho saiu prices we placecl the figurel:l at wliich we would be willing to furnish th"' purchase~ p;oods. We were, as I said before, only able to bid a~ainst some of the prices of .A. No. which we had definite knowledge as to what tbl' goods wert', other goods being Q. Have you ever taken steps by issuing circulars, or W.ving information that st:ltecl without any thin,\! in relation to sizes or qualities, simply giving the quantity you needed them, that you could make good rates, considenng tlie number you pur- a.ncl tho prices paid, so that there was no chance to bid on them. chase~ Q. Stat-e the amount and kinds of goo(ls embraced in the schedule yon speak of A. I have not. in rounr1 numbers. · Q. Have you ever visited the manufacturers or had any one else do so 1 .A.. Tho value of. goods purchased in 1874, for which we made proposals to fur- A. No. nish them in 1875, would be about $140,000. The following schedule will cover the Mr. Clapp stated ahove that his purchases of materials were made kinds or varieties of ~oods: Binders' cloth, imitation Russia cow-hide, raw-sheep~ through J. H. Roberts, foreman of the bindery, and that said foreruan mw-ca.lf, roans, parchment, gold-leaf, twine, marble-paper, albumen, supers, anu binders' boards. The saving to the Government, bad we furnished the goods at sought to buy them at ''bottom prices." In denial of this ass~rtion, the prices given in our schedule, woulU have been about $l6,000 ·on the above-men- let Mr. Roberts spen.k for himself: tioned sum. Question. Has the Cougre.~sioual Printer acted under your advice in making Henry Franz, having listened to the testimony of ltfr. Gane, fully purchases of bin tUng materials 1 · confirms Lis statements. He says: Answer. Not at first; but lately be has. Q. Who made the original purclmses from Campbell & .Armstrong? .A.. I vernment Printing Office 7 .A. I ha>e never made much e:ftort on that score. * * * Answer. About seven years . Q. What. is the presoi:lt amount of business done by the house 7 I now offer extracts from the testimony of dealers in the articles A . .About $100.000. purchased by the Congressional Printer, showing to some extent the Q. About what amount of goods do you annually furnish to the Gi>vernment losses to the Government by his neglect of duty : Printer~ . .A.. I would say from $125,000 to 150,000-say about $150,000; la.st year it was B. C. DORSEY sworn and examined. consitlernbly less than the year before. • By the Crr.UimAN: Q. Referring to your books of account, I find a bill to Mr. Clapp under date Feb- Question. In what business are you engaged 7 ruarv 28, 1874; is it possible, by an examination of this book, to arrive at the qual- Answer. The paper business. ~ty· ~f goods furnished in tha.t bill without your personal explanation accompany- Q. Where are you locatecl ~ mg 1tf A. Nos. 3:J and 35Soutb Charles street, Baltimore. Mr. S~GLETON. From the book itself, if it were put in the hands of a stranger T Q. How long have you been engaged in that business 7 .A.. No, sir. A. I went into that business in 1844. I may say I have been a practi~l paper- By the CH.URMAN: dealer twenty-five years. Q. Consequently, taking all the data you have, it is impossible to anive at the Q. .A..re you familiar with the various kinds Qf paper used in the Government quality of goods furnished, without you are put upon the stand and questioned in Printing Office i " regard to them ~ A. I think I am, sir. A. Yes, sir. Q. Have you made an examination of the last report of the Congressional Plinter 1 Q. I find sou purchased $879.75 \vorth of imitation gold-leaf, and yon sold it to A I have, sir. · the G1n·ernment at a. profit of $570.25 7 Q. Have ~·ou examined page 30 of said repo1t, under the bead of " Ledger aml .A.. Yes, sir. other papers purchasetl in open :m2,rket 1" Q. Do I understand you to say that on an investment of $879.25 you realized a .A. I have, sir. profit of $.'>i0.251 John R. Edwards, practical binder, of Baltimore, after examining A. Yes, sir. prices reported by Congressional Printer as paid for a bill of articles, Q. Where is Mr. Valleau's cstablishmenU A. In New York Ci~. testifies as follows: Q. Do your books show that every time you received an order from the Con;zres- Question. Will yon now state the total cost as reported by the Congressional sional Printer you purchased from Valleau just the amount ordored by the Con· Printer of the samples upon which I have examined you 1 gressional Printer during the past two years '! Answer. Eighteen hundred and twenty-four dollars antl seventy cents. .A.. With one exception, to my knowledge, they do. Q. .And for what sum would you furnish the entire number 7 Q. Were the purchases made before the reception or after the reception of the .A. Eight hundred a.nd twenty-two dollars and forty-eight cents. order of Mr. Clapp1 Q. Leaving a difference of how much 1 A. OccasionaHy before. A. One thousand ancl two dollars and twen~-two cents. By Mr. S~GLETON: Q. About what per cent. of overcharge is thls ~ .A.. I should say it was about 125 per cent. Q. Did Mr. Clapp know that yon bought those materials from Valleau i Q. Please state to the committee what it cost you to furnish this kind of work A. Not to my knowledge. upon which you have been examined. Q. Does not the gold-leaf show from what house it comes~ A. The cost would be $654.66. A. Yes. Q. Leaving a. percenmge of difference between your cost and the cost as re- Q. Coulu he fail to know from what house it came i ported by the Congressional Printer i .A. Of course I do not know; e"ery pack is staniped with Valleau's name. .A.. Abo11t 300 per cent. more than- mine. By the CHAIRMAN: Q. In mal..-ing yonr estimates have you included everything I Q. Is this paper which I hand you a correct exhibit from your bills and vouchers A. Everything, sir. of tho profits ruade on various sa.les1 3115 CONGRESSIONAL RECORD-HOUSE. MAY 16, A . Yes, sir. Answer. Yes. sir. Q. Ou one sale of $4,452 of law-calf ersant with that transaction in its various sta.ges7 A. Yes, sir. • A. I cannot say that. I presume I reported to him when I came back. Q. What profit per dozen have you made on law-calf sold to the Government 1 Q. Did he know that you were requested to, or proposecl to, get this property A. Six, and perhaps eight, dollars per dozen. from Philp & Solomons 1 · A. Yes, sir. By Mr. SINGLETON: Q. Did he acquie ce in it i Q. In the matter of gold-leaf, what amount do you keep on hand outside of what A. He told me to buy the books if I thought it to the advantage of th~:~ (}Qvern· yon sell to the (}Qvernment 1 ment. A. We keep a small stock. Things we can supply we do not keep on hand, but Q. Did Mr. Solomons make out a bill for fifty reams of white cap paper, amount- buy from manufacturers. ing to $234, and did you make a requisition on the Congressional Printer for fifty ~- Is not this the case in most of the materials you sell to the Congressional reams of white cap and acknowledge the receipt of the same 'I Printer, so far a~ the value of them is concerned¥ A. Yes, sir. A. Yes, sir. Q. What dicl you receive from Philp & Solomons Y Q. In thearticles which you sell to the Congressional Printer, what proportion of .A. I received three different kinds of books. them do you buy from the manufacturers after you receive orders from the Printer? A. About two-thirds. John Larcombe, the cash-hook-maker and voucher-manufacturer, Q. What proportion of the goods you sell to the Congressional Printer have you tells bow and why it was done: manufactured heretofore¥ Question. Please examine the check which I hand you. * * * Did you fill np A. None. the body of that check~ Q. You say that you I?-ave charged the Government higher prices in some cases. Answer. That check wa-s filled up by me and that check was paid by me. Please state on what artwles. Q. By whoso authority and under whose instructions was this check drawn 1 A. I cannot remember any P.R-rticular 11-rticles. A. By authority of the Congressional Printer. · Q. How, then, can you ay, if you do not recoil ct any particular article, that you But, l\fr. Speaker, I come now to the very gist of the whole trans- have charged higher prices than you have charged priv;~te individuals in some in- stances~ action. The admissions of the Congre~sional Printer, with abundant A. By the general prices. testimony outside, show that in violation of law be has retaine(l in Q. By tbe general prices on what articles 7 • . A. Cowhide, cloth, sheep, gold-leaf, calf; that. IS all, I believe. his ba.nds for years and still retains some $60,000 of money of the United States, which it wa~ his dnty to have covered into the Treas- Q. Do not those articles cover a majority in value of tho articles sold to the Gov- ernment9 ury as fast as it accumulated. I invoke a careful consider11tion of A. Yes, sir. this point by the House, as it is the most important one. Interesting as it may be to follow up the devious ways and mal- A.M. Clapp testifies: practices of the Congressional Printer and his confreres in the sales QueRtion. Have you now a lar~c amount of money in your hands or on deposit and purchases of materials for the Government Printing Office, I belonging to the GQ\·ernment of tne United States 1 must close up this point. I think enough has been disclosed to carry Answer. I have. Q. State what amount. conviction to every unbiased mind that there bas been collusion be- A. I think somewhere in the vicinity of $50,000. tween these parties to defraud the Government and enrich themselves Q. How long have you harl this money in your hands, or a portion of it~ at. the expense of virtuous ma'uhood and every principle of honest A. It ha-s been accumulating along. and fair dealing. What wonder that the house of John Campbell & Q. Does it reach back to the beginning of your administration 1 A. Not entirely back. Co. has waxed fat, after feeding so luxuriously from the" public crib," Q. Ha>e yon any authority of law for using this money in any other way than to buying $8i9.75 worth of imitation gold-leaf, and selling it at a profit cover it into the Treasnr.v 7 of $570.:l5, not advancing one cent, but paying wHh the money drawn A. I onlv pay the Government employ~s. from the Treasury upon a voucher furnished by them to A. :M. Clapp Q. Have you a right so to use it under the law 7 . A. I judge so. What wonder that this house should be able to double its capital in Q. Is thoro not an annual appropriation made by Congress for the purpose of a few yeltrs, when on a sale of $4,452 of calfskin to the Government paying the employe~ 1 it ·should be able to realize a profit of $1,264, and never wake a sleep- .A. Yes; but tho Govrrnment Printer can only draw $53,000 at a time, and the ing penny that was resting in their pockets f What wonder that A. pay-roll amounts to o>or ~0,000 . Q. You now hold in your hands 50,000 belonging to the United States GQ>ern· M. Clapp should be the possessor of houses and lots in Washington, ment~ the owner of hank 8tock and bank deposits, aggregating m~tny tens A. I think I have. of thousands of dollars, when it is understood that he came to this By Mr. SINGLKTO~: city a bankrupt T Q. Please state the amount of money you now have on deposit in your safe be- I ask for a short time the attention of the House while I laybefore longin!f to the Government accumulating from the sale of clocnments, waste, &c. it a gross violation of the criminal law of the land by imposing upon A. ~omewhero in the vicinity of 50,000. the Secretary of the Treasury a false voucher in the settlement of his Q..Will ;you permit tho clerk of this committee, Mr. Wiener, to go to your office and, m your presence, count the money ~ · accounts. A. Yes, sir. A. M. Clapp's testimony : Q. Have you no deposit in any bank in the city 1 Question. Referring to the stubs of your check-book, under the date of March13, A. No, sir. 187:l, do yon find that a check was drawn in favor of Philp & Solomons for ~2341 Charles J. Wiener, the clerk of this committee, having made count Answer. I do. of the moneys on hand, says : Q. Can you explain for what that check was drawn Y .A. I cannot here say. I was instructed to proceed to the office of the Congressional Printer, with him, Q. Do the data you have show that fiftyreams of whitecap paper were purchased in order t.o make count of all money!! belonging to the Government, and which were from Philp & Solomons on Februn.ry 20, 18721 included in what Mr. Clapp calls a surplus fulld. When I reached the office Mr. A . Yes; and receipted for by my foreman of binding. Clapp intro(luced me to Mr. Larcom be, the financial clerk, and left me with him. Q. It shows that you purchased paper from Philp & Solomons 9 Mr. Larcom be expressed his re~ct, first., that I bad called at so late an hour in the A. Yes, sir. clay ; second, t.bat I had called at a Tery inopportune moment, since all of the money was not on hand at that time; bo proceeded to say t.bat the Congressional Printer, A. S. Solomons testifies to the fact that not one sheet of such paper or rather the officer in charge, does not pretend to hwve all that money in cash I was purchased from him by the Congressional Printer, but that a false cotmted the sum in the safe and found that it amounted to $16,257.99. Mr. Lar- voucher was made out for the benefit of Mr. Clapp, and used in his com be counted the amount as soon as I was through, and our accounts tallied, all but one cent, he making it ninety-eight cents and I ninety-nine. settlement with the Treasury. Que.~tion. Did you make an examination in regard to the transaction of March In the testimony in the case here given, it will be seen from the 13, 1872, when the Congressional Printer drew a. check in favor of Philp & Solo- statements of Charles Wiener and J. A. Ruff that Cla_pp bas made two mons for 2:14 ~ gross misstatements: first, that he bad in his safe $50,000 when, in Answer. I did. fact, there was but $16,257.99, and, secondly, that he had no depos- Q. Please state the result of that examination. A. W d bad a large number of blank-books which we desired to sell to the Treas- its in any bank in this city, when at that moment he had dei?osited ury Department. '"They needed the books but bad no fund out of which they could $12,000 in the Metropolis Savings Bank and $1,800 in the Second Na- pay for them, and suggested tha.t we should see some one connected with the Public tional Bank. P1:mter. I met Mr. Roberts, whom I believed to be the foreman of the bindery, and related to him the circumstances. He said he would see about it. Shortly J. A. Ruff, ca~hier of the Metropolis Savings Bank,- states: thereafter he made inquiry as to the number of books in our possession, and sub- Question. Do you receive money on deposit and pay interest on deposits 1 sequently saw and made a selection from them, footing up the amount we asked Answer. Yes, sir. for such 'books. He then informed me that under the law they could.not buy blank- Q. Does Mr. A. M. Clapp do business with your bank 7 books, but had to bu:v paper, and be a-sked me t~ make out the bill for the gross A. Yes, sir. amount of the books, that wa-s ank '1 1876.\ \ CONGRESSIONAL RECORD-HOUSE. 3117 A. He is a stockholder and does business a-s au individual there. this committee of the cash in Mr. Larcombe's safe in the Congressional Printing Q. What amount does he bold W ~ffice1 A. Fifteen shares, amounting to $1,500. .A. Yes, sir. Q. Has Mr. Clapp, at any time since your connection with the bank, had a large Q. What efore this committ.ee on the 7th of A. That came from the average of accounts. April, 1876, and that on that morning yon drew from his bank the sum of 2,912.35. Q. What amount of money bas been paid to Mr. Clapp for interest on deposits A. I presume that is correct; I do not recollect the amount. since the organization of the bank~ A. Nine hundred and eighty dollars. Mr. Speaker, I have in a most imperfect manner run through such Q. 'Vhat amount has he now on deposit~ portions of the testimony in this case as 1 thought bore most directly A. Kot exceeding $1,800. upon the important points in it. I think it establishes most conclu- By Mr. BALLOU: sively the charges which I preferred in the outset of my remarks: Q. What would be the average of Mr. Clapp'sdcpositsince he has had an account First, incapacity; second, malfeasance in office, resulting in great attbe bank. detriment to the Government and heavy pecuniary losses, for which A. About $8,200. the official boncl of A. l\f. Clapp should be put in snit; and, third, Job u Larcom be again appears, and admits that there is in his hands, embezzlement under the laws of the United States, for which he shonlci. as financial clerk, OJ' ought to be, $56,&32.07, exclusive of $4,855.90 ac- be tried and punished. I shall refer briefly to the law governing tha cumulated since 19th November, 1875, thus corroborating the state- case, and then close. ment of C. E. Behle, a.n expert, who examined the books, and testified The first section of the Revised Statutes to which I call attention in relation to them: is section 3617, which reads as follows: Question. State, from tho cash-book before you, the amount of money on hand The gross amount of all monE'ys received from whatever source for the use of tho from all amounts realized from the sale of shavings, documents, &c., to the lOth of Unite<1 States, except as otherwise provided in the next section, shall be paid by March, 1876 ~ the officer or agent receiving the samo into the Treasury at as early a day as prac- Answer. The book before me does not show that fact. Itisou a detached sheet. ticable, without any abatement or deduction on account of salary, fees, costs, If I have made no error, the amount is $56,382.07. charges, expenses, or claiuls of any description whatever. Q. Does this amount include all receipts to March 10, 1876 ~ A. Yes, sir. Under and by virtue of this section without limiting the time with- Q.' Where are the receipts from the sale of documents, &c., from November 19, in which tbe money is to be paid over, it shall be done as soon as 1875, to March 10, 1876, accounted for, as shown by the cash-book to amount to $3,G44.:.!li, inclusive of balance of 1,211.64 from September :-0, 18751 practicable. Under the provisions of a subsequent section, (3622,) A. I do not know where they are. however, the time is definitely prescribed within which these deposits Q. Why was the amount of $3,644.26 omitted in the statement on the loose shall be made. Said section reads as follows: shcets1 A. For the simple reason that I had never seen or heard of it. Every officer or agent of the Uuitell States who receives public money which he Q. \v hy were those moneys not deposited monthly, as the law directs 7 is not authorized to retain as salary, pay, or emolument, shall render his accounts A. I never heard of such a law. monthly. * * * * * * * Q. Why was this money not deposited monthly M it was receive~ ~ . It may be contended that the Congressional Printer is neither an A. Because, in the absence of a.ny law to the contrary, the engenc1es of the office required it. agent nor officer of the United States, but this view of the question is not sustained by a fair interpretation of other sections of the I now re.ad from the testimony of C. E. Behle, a very skillful ac- statute, which treat him as a disbursing officer of the Government. countant, wbo, before another committee of this House, demonstrated Section 3817 1·eads aa follows: . his thorough ability to sift and digest the most complicated system of The Congressional Printer shnll settlo the accounts of his receipts and disburse- book-keeping, a.nd who spent days in trying to comprehend the affairs ment-s in the manner required of other disbursing officers. of this office, says : Question. Do the amounts stated in the reports as re.'l.lized (from sales of waste, In addition, the official bond executed by him is made payable to &c.,) a.,rrree with the book-entries 7 the United States, and he is charged with the disbursement of funds Answer. They do not. of the Government not appertaining to the Senate ~lone, but as well Q. Should, or should not, the books sustain the reporta 1 t.o this House and to the different Departments for which printing is A. By all ml!&us, the books should corroborate the statements of the reports. Q. From your examination, state the amounts deposited from October 1, 1875, to done in his office; though he may be p1·o fornta an officer of the Sen- March 10, 1876 1 ate, and doubtless is, yet these sections of the Statutes declare him to A. There are two deposits on October 12 of $9,137.38; and on November 12, be a disbursing officer of the Government, and require him to settle $10,!!89.93. . his accounts as other disbursing officers do. Upon failure to do so sec- Q. What balance, then, would this show to be on hand on the lOth of March 1 A. The amount realizbd from October 1, 1875, to February 18, 1876, as shown by tion 5491 declares the act to be embezzle111.ent, and prescribes the pun- loose sheets accompanying summary cash-book, was $12,580.50; with the balance ishment. It reads as follows : on baud not deposited 'on September 30, $6J,828.88, and the balance as shown by Every officer or agent of the United States, who having received public money cash-book from H. H. Clapp, from October 4, 1875, to March 10, 1876,$3,850.66, or which be is not aut.horized to retain as salary, pay or emolument, fails to render total receipts amounting to $80,260.04, would show, after the deduction of the two his account for the same, as provided by law, shall be deemed guilty of embezzle- deposits, a balance on hand on Ma.rch 10, 1876, amounting to i60,232.73. ment, and shall be fined in a sum equal to the amount of the money embezzleu, and DEPOSIT OF GOVERbalENT FUNDS IN BANK WITHOUT AUTHORITY OF LAW. shall be imprisoned not less than six mouths nor moro than ten years. H. H. Clapp, chief clerk, testifies : It is in evidence that the Congressional Printer has 1·etained large Question. Do you deposit Government funds ln the bank! sums of money in his hands not for one month only but for years, .Answer. Yes, sir; Government checks, no currency. while he lived in the very shadow of the Treaaury, and could have Q. .l.lo yon draw the checks out of the bank, or the money 1 paid it over at any time. But this is not the only case in which he A. I draw currency. baa laid himself liable to a charge of embezzlement. Q. When you made a. deposit were yon credited with so much mouoy W Section 548B (Revised Statutes) reads as follows: fl.. Yes, sir. Q. Do yon recollect bow long you kept this money in the bank 1 Every disbursing officer of the United States who <1eposits any public money A. I opened an account some time last fall, l think, in the name of H. H. Clapp, intrusted to him, or converts to his own usc in any way whatever, or loans with or agent. without interest, or for any purpose not provided by law, withdraws from the Q. And placed to the credit of H. H. Clapp, agent, funds belonging to the Govern- Treasurer or any Assistant Treasurer or any authorized depository, or for any pur- ment1 pose not prescribed by law, transfers or applies any portion of the public money A. Yes, sir. rntrusted t{) him, is in every such act deemed guilty of embezz]emeutof themoney Q. Does this bank allow interest on deposits 1 so deposited, converted, loaned, withdrawn, transferretl or applied, and shall be . A. Yes, sir; but I will say that Mr. Larcombe had formerly gotten our checks punished by imprisonment with hard labor for a term h'ot less than one year nor cashed at Riggs's, and he went there and he was told that it was too much trouble; more than ten years, or by fine of not more than the amount embezzled or less that thev could not cash them for any price he would bo willing to pay. I went to than $1,000; or by both snell fine and imprisonment. Mr. Ruff and asked him if the use of this money would repay him iU left it in the bonk from time to time for the trouble of collecting it. He said it would, and I com- It is in evidence from the deposition of the cashier of a bank of this menced depositing my chooks, with an understanding that no interest at all would city, corroborated by the statements of H. H. Clapp and W. H. Col- be_paid. (.l. If you shoulcl demand interest, under the rules of the bank, would it not be lins, that Government funds have been deposited by tbe Congressional compelled to pay you interest on the balance~ Printer, through his chief clerk, in direct and open violation of the A. I don't know that. · provisions of the law just cited. Q. Aro you not aware that the rules of the bank are that yon can demand and But, by the further provision of this section, it will be seen that if draw interest on the balances you have there from time to time 1 A. I am not. he apply the funds in his hands t.o any purpose not prescribed by Ia.w, Q. Is Mr. Ruff, the cashier of that bank, related to you or connected with you i then he is guilty of the crime of embezzlement and liable to like pun- A. No, sir ; no further than that his son is married to my daughter. ishment. By the admissions of A. M. Clapp himself, as appears in his Q. When did you draw the money out of ·Mr. Ruff's bau1d I refer to the money evidence before the committee, be bas a,pplied the money received by of the Government. .A.. I don't know that I can state the dare. him, not by authority of law1-: but contrary to its exprc~s provisions, Q. Was it not the morning after an examination had been made by tke clerk of to purposes other than those contemplated by the statute. 3118 CONGRESSIONAL RECORD-.HOUSE. MAY lG, It is clear, by these several acts of placing money in a bank not a all, as they have risen, flourished, and passed away. History teaches Government depository and by applying other snrus to purposes not au- us that the gradations by which they rose to tboir culminating point thorized by law, that he has been guilty of the crime of embezzle- were purity of public and private life, industry, fn1gality, simplicity ment. of habits, fi.rlelity to trusts assumed or imposed, respect for constitu- The ouly other criminal act of which I propose to take notice is the tional and statute law, and a penetrating sense of honor and honesty, uso of a false voucher in his settlement with the Treasury of the whether in office or out of it. These are and ever have been tho un- United. States. Section 5438 reads as follows: derlyjng principles of all well-regulated popular governments, and E'"ery person who makes or causes to be made, or presents or causes to be pre- as long as properly adhered to will give stability and success. sented, for payment or approval to or by any person or officer in the civil, military, We are further taught that the gradations by which tlley descenuetl or naval service of the Umted States, any claim upon or against the Government of _were loss of personal integrity, luxurious habits of living, consequent the Unit.cd States, or any Department or officer thereof, knowing such oJa.ims to be inertness, the greed of gain, open disregard of the claims of morality false, fictitious, orfraudnlent, or who, for the purpose of obtaining or aiding t.o ob- tain the payment or approval of snob claim, makes, usos, or causes to be made or and religion, unfaithfulness to public trusts, aud finally a ~bameless, useu, any false bill, receipt, vouche1·, roll, account, clairn, certificate, affida'"it, or depo- open prostitution of public offices to private ends. sition, knowing- the same to cmtain any .frau.dulentor fwtiti01(,8 statement or entry, * This is the mirror held up to us by the genius of history, and we * * shnll be 1mprisonecl at hard labor for not less than one nor more than five have only to look into it to see bow far we have progressed in tho years, or tined not less than one thousand nor rnm·e than fiye thousand dollars. road that leads to anarchy. The inquiry pertinent to tho occasion is, It will be seen from tbe evidence that a false bill was made out., a c.an we retrieve ourselves; can we shake off the entanglements and receipt thereon obtained fi·om A. 8. Solomons, and a check for the embarrassments which bang about our Government¥ Can we put amount given to said Solomons, which was paitl and subsequently down the, combinations, rings, and individuals wllo are sapping the usetlns a voucher in hi~; settlement with the United States Treasnry. fonntlations of Government and extractiug tho life-bloou of the Althongll this act does not const.it ute embezzlement, yet it is a crime nation T Can we make a return to the brtterdays of the He11ublic f 1mder tlle stat-utes for which be may bo indicted anu ptmishearliamentary que~tion. The proposii ion 3120 CONGRESSIONAL RECORD-HOUSE. MAY 16, has been mad e by the gentleman from Indiana to reconsider the pre- ance with a resolution of the Honse of April 7, 187G, a report of re- vious. question. I put to the Chair this point, whether the previous ductions in the estimates contained in the Book of E timates for the question has partly operated upon this resolution. I grant tha.t it has fiscal year ending June 30, 1877; which was referred to the Commit- been entirely executed in regard to the previous resolution, but I say tee on Appropriations, and ordered to be printed. that it has not operated at all in regard to this resolution. Therefore MRS. M:ARY SCOTT. I 8U bmit that the motion to reconsider the previous question is in order. The SPEAKER pro tempore. It is not in order to move a i'econsid- The SPEAKER pro ternpore also, by unanimous consent, laid before eration of the vote ordering the main question when it has been the House a letter from the Secretary of War, transmitting informa- partly executed. It applies to all the resolutions. tion in regard to the claim of Mrs. Mary Scott, of Jessamine County, Mr. O'BRIEN. We did not understand the main question had been Kentucky; which wa~ referred to the Committee on War Claims. ordered on all. COMl\IERCIAL RELATIONS. Mr. 'VILSON, of Iowa. Let us have the resolution and the accom- panying bill read. Mr. WARD. I ask unanimous consent that the commercial rela- The SPEAKER pro tcmpm·e. The resolutions have all been rend two tions transmitted to the House by the Secretary of State, and referre!l or three times. to the Committee on Commerce, be printed pursuant to section 3798 Mr. WILSON, of Iowa. The resolutions have been read, but I want of Revised Statutes of the United States. all the sections of the bill accompanying the resolutions now pending Mr. HOLMAN. Is not the rn1e imperative that all such matters to be read. should be referred to the Committee on Printing Y The SPEAKER pro tempore. They are part of the resolutions. Mr. WARD. The statutes require the printing of this document. The Clerk proceeded to read the resolutions. The SPEAKER pro tempore. The rules require the question, as to Mr. WILSON, of Iowa. I withdmw my demand for the rending of the number of copies to be printed, shall go to the Committee on the hill. Printing. Mr. MORRISON. Is it in order to lay the resolution on the table Mr. WARD. The statute regulates the printing of this document; at this sta O'e of the proceedings t but I do not object to the reference t.o the Committee on Printinrr. The SPEAKER pro tempm·e. The Chair decides that it is in order. My only object is to facilitate the printing of the document at the Mr. MORRISON. Then I make that motion. earliest moment. Mr. HOLMAN. If the vote on this proposition should be in the The SPEAKER pro tempo1·e. The question of printing is referred negative and tbe resolutions should be rejected, will not the previous to the Committee on Printing. question then exhaust itself¥ E. K. S~TEAl). The SPEAKER pro tempore. It will. Mr. DOUGLAS, by unanimous consent, introduced a bill (H. R. No. Mr. HOLMAN. Would it then be in order to reconsider the vote 3466) for the. relief of the sureties of E. K. Snead, late collector of by which the main question was ordered, with a view to recommit internal revenue of the first district of Virginia, and for the release the resolution and the sections of the bill accompanying it with in- of the said Snead's estate from liability for the loss of certain books strnctions! of special-tax stamps ann coupons; w bich was read a first and sec- The SPEAKER pro te'mpore. If the resolution be rejected, the pre- oml time, referred to the Committee of Ways and Means, and ordered vious question will exhaust itself, and it will then be in order to move to be printed. to reconsider the vote by which the resolution wns rejected, and in JONES COID\"'TY1 NORTH CAROLINA. that way the gentleman can accomplish his purpose. Mr. HOLMAN. Then instead of laying the resolution on the table Mr. HYMAN, by unanimous consent, introduced a bill (H. R. No. I suggest that the resolution be voted down, when I propose to move 3467) to re-imburse Jones County, North Carolina, for the lose accru- to reconsider, and when reconsidered, to suggest a modification of the ing from the destruction of the court-house by t.he forces of the resolution. United States in the year 1863; which was read a first. and second time, Mr. MORRISON. I withdraw my motion to lay upon the table. referred to the Committee on War Claims, and ordered to be printed. The resolution was rejected. CAUSES AT INSTANCE OF A STA'I'E. Mr. HOLMAN. I now move to reconsider the vote by which the resolution was rejected. Mr. HOGE, by unanimous consent, submitted the followinO'0 pream- The motion was agreed to. ble a.nd resolutions; which were read, and referred to the Comm1 ttee Mr. HOLMAN. That brings the resolution a.g ain before the RouseY on the Judiciary: The SPEAKER p1·o tempm·e. It does. Whereas the Supreme Court has recently refused to advance and hear a. cause at the instance of a State, wherein said State was tile party in interest in preference Mr. HOLMAN. I move to recommit the resolution with instructions to ci>il causes pending in said courtpetween private parties, under 'tbe provisions to strike out the provision making it imperative upon the Committee of section 94!J of the Revised Statutes of the United States: Therefore on Appropriations. Resolved, That tho Judiciary Committee be instructed to report at 'the earliest Mr. BURCHARD, o:f Illinois. Is that motion in order! practicable day what legislation, in addition to section 949 of the Revised Statutes ?f the Unite.s to be affected by it. The committee have given due COIJ.Sid- on the files of the Senate be recommitted to the Committee on Claims. era.tion to the subject, and their conclusion is-and I am il18tructed The motion was agreed.to. to make tha.t report-that the bill be indefinitely postponed. Mr. WALLACE presented a memorial of the Board of Trade of Mr. ALLISON. I call the attention of the Senator from Ohio [Mr. Philadelphia, remonstrating against any reduction in the sala.ries of SHERMAN] to this bill, as he introduced it. · the officials in the Patent Office as contemplated by House bill No. Mr. SHERMAN. I ask that the bill bo placed on the Calendar, that 2571, making appropriations for the legislative, executive, and judicial I may have an opportunity to examine the subject. expenses of the Government for the year ending June 30, 1877, and The PRESIDENT pl'o tempore. The bill will be placed upon the fo~ o~her purposes; which was referred to the Committee on Appro- Calendar, with the adverse report of the committee. pnatiOns. . . Mr. WHYTE, from the Committee on Naval Affairs, to whom was Mr. LOGAN presented the petition of C. D. Grisham, of Marion referred the petition of Robert Smalls, of South Carolina, praying an County, Illinois, praying for a repeal of the resumption act;. which allowance of prize money for the capture of the st.eamer Planter, in was referred to the Committee on Finance. 1862, reported adversely thereon, ancl asked to be discharged from its He also presented a petition of citizens of Grundy County, lllinois, further consideration; which waa agreed to. praying for thff establishment of a post-route from Nettle Creek to BILLS ~"'TRODUCED. Morris, in that county; which was referred to the Committee on Post- Offices and Post-Roads. Mr. WRIGHT asked, and by unanimous consent obtained, leave to He also presented resolutions of the Board of Trade of Chicago, introduce a bill (S. No. 839) to provide for the establishment of a board Illinois, in favor of making the Signal Service a separate Bureau and of land commissioners; which was read twice by its title, 1·eferred to placing it on the same footing with the most favored branch of the the Committee on Public Lands, and ordered to be printed. Army; which were referred to the Committee on Military Affairs. . Mr. LOG~ asked, and by nnanim~us consent ~btained, leave to Mr. CONOVER presented the petition of James G. Gibbes, of Co- mtroduce a bill (S. No. 840) for the relief of Norman H. Ryan; which lumbia, South Carolina, prayin~ that he may be I'efunded certain was rea.d twice by its title, referred to the Committee on Finance, an(l moneys :tdvanced to Union soldiers durlng tho late war; which· was ordered to be printed. · rofenecl to the Committee on Military Affairs. . Mr. CONO~ER asked, and by nnan~mons consent obtained, lca.ve to Mr. ALLISON presented the petition of H. L. Stout and others, of mtrodnce a b1ll (S. No. 841) for the relief of Bayse N. Westcott; which Dubuque, Iowa, pmyin~ an appropriation for the improvement of the was read twice by its title, referred to the Committee on Naval Af- nayjgation of the Miss1ssippi River between Saint Paul, Minnesota, fa.irs, and ordered to be printed. · a.ne itself into Committee of the Mr. HOLMAN. The gentleman from Pennsylvania does not object Whole was also agreed to. if appropriation bills are excepted. Mr. RANDALL. That is all. POST-OFFIC:& APPROPRIATION BILL. The SPEAKER p1·o tempore. The Chair hears no objection, and the The House accordingly resolved itself into Committee of the Wholo bill is made the special order for Tuestlay week after the Blorning on the state of the Union, (Mr. SPRINGER iu the chair,) and resumed hour, to the exclusion of all other business except appropriation bills. the considcr:;ttion of the bill (II. R. No. 32G3) ma"king appropriations 1876. CONGRESSIONAL RECORD-HOUSE. 3129 for the service of the Post-Office Department for the fiscal year ending :Mr. CANNON, of lllinois. Mr. Chairman, I cannot hope to explain June 30, 1877, and for other purposes. the provisions of the proposed substitute in five minutes' time with The CHAIRMAN. The Clerk will report the pending amendment, any satisfaction to myself, and certainly I cannot do it wit,h much being that offered by the gontleman from Illinois [Mr. CANNO:N] to satisfaction to the House. I must content myself with sn.ying that the sevent.h section of the bill. while I do not pretend t,o be an expert in this matter, yet I have not The Clerk read 38 follows: been an inattentive observer of the question for three years past as Strike out the word "twenty-five" in line 20, and insert in lieu thereof the word n. member of the Committee on tho Post-Office and Post-Roads. Ancl ''fifty," and adll at the end of the section the following : about all I can say in regard to this substitute in five minutes is that .And not less than $25 per mile for roads not carrying a route agent or mail-mes- it leaves the law as it now is as regards all railroads that carry 200 senger. pounds of mn.il, and whose compensation is at the rat.e of 50 per Mr. CANNON, of Illinois. I desire to withdraw that amendment mile; and also as to all railroads that carry up to 300 pounds of mail, and to move a substitute for the section. whose compensation is at the rate of $75 a mile for the full 300 The CHAIRMAN. Is there objection to the gentleman from Illi- pounds. For roads carrying a weight of mail over 300 pounds the nois withdrawing the pending amendment Y compensation by this snbstitulie is greatly decreased from wha.t it is There was no objection. under the present law, the compensation decre38ing in proportion to Mr. CANNON, of Illinois. I now offer what I send to the desk as a the weight as the weight increases. substitut-e for section 7. For-instance, the law now is that railway companies carrying one The Clerk read 38 follows: thousand p01mds of mail per annum over each mile get 100. This That as existing contract.~ or agreements with railro..•ul companies for the trans· substitute would raise the weight to twelve hundred pounds for 100. portation of mails upon their respective roads shall expire, aml whenever it shall The law now is that railways carrying fifteen hundred pounds of mail become necessary to onter into contract or make new en:ra.gements for such trans- portation of the United States mails upon any railroad route, the Postmaster-Gen- get 125. This makes them carry two thousand pounds to get that eral shall be, and he is hereby, authortzed and directed to determine the compen- compensation. The law now is that railways carrying two thousand sation to be paid for such transportation upon the conditions and at rates not ex- pounds get $150 a mile. This would make them carry thirty-five hun- ceeOunds and furnishing 144 square feet, $100; on routes carrying 2,000 pounas and about the same that is ordina.rily allowed unuer the present law. But furnishing 180 square feet, $125; on routes carrying 3,500 pounds aml furnishing 2'2.'> square feet, $150; on routes carrying 5,000 pounds and furnishing 270 square it contains a provision tha.t if so much car spaco is not used the com- feet, $175; on routes carrying 7,000 pounds and furnishing 315 square feet, ~00 l on pensation shall be cut down at the rate of $3.75 for each nine square routes carrying 10,000 pounds and fumishing 360 square feet, $225; and $25 aadi- feet, or a reduction of between 5 and 6 mills per linear foot, if cal- tional for every 5,000 pounds in excess of 10,000 pounds with 45 additional square culated on that bnais. If more space should be necessary-that is, if feet for each 5,000 pounds of such excess-the average wei~ht to be ascertained in every case by the actual weighing of the mails by ~rsons auly sworn to make cor- two, or three, or four mail cars shall be necessary to carry the mail- rect returns of such weighii:tg, under the supervision, if the Postmaster-General the substitute provides that there shall be an increased compensation shall see proper, of an a~e_nt or agents of the Post-Office Department, for such at the sa.me rate for the extra space. numbor of successive worKing days uot less than thirty, at such times not less fre- I have also incorporated in this substitnte a provision that there quently than once in every four years, and the result of snob weighing to be sta.ted ancl verified in such form and m:tnuor as thePostruaster-Genoral may direct: Pro- shall be a maximum above which railroads shall not be paid. I think vided, That, in case of any defioiencv of space, compared with the amounts above there ought to be such a provision as · that. For instance, take the prescribed, deductions shall be m:Hle from the foregoing rates at the rate of $3.75 fast-mail line from New York to Chicago that runs four postal cars. per annum per mile of the route's length for each 9 square feet once a day each UPder my substitute the pay would be just about what it is now, the way of such deficiency; and that for any excess over the amounts above prescribed which ma.y be provitled on the call of t,h ePostmaater-General to b') used for railway railroad carrying about 50,000 pounds of mail. Of course it will be post-office or other postal purposes additional allowances shall be made at the rate well'enough to put in a maximum, and I have provided for it, although of $.1.75 per annum per mile of the route's length for each 9 square feet once a day I have not filled in the figures. If the substitute shall be adopted, each way of snob excess: And provided further, 'That in ca.'!e of the refusal or fail- ure of a railroad company to comply with any call of the Postmaster-General for then the figures can be :filled in afterward, as the House may det-er- cars or apartments of the dimensions above presmibed or of such dimensions in ex- mine. :My own opinion is that the maximum price paid per mile should cess thereof as he may deem necessary to meet tho requirements of the service, the be six hundred or seven hundred dollars. wholo pay of such company for the transportation of mails shall be subject to a From the best examination I have been able to give the subject, deduction of 25 percent. from the foregoing rates : Andprovideda!.so, That the max- imum pay to any railroad company for carrying the mails shall not exceed$-- per this proposition is the most equitable for the rn.ilroads and I think mile per annum. will result in a greater saving to the Government than the bill of the Committee on Appropriations. I know this is a somewhat intricate Sclwduk of mtes for milroad-mail se1•vice, under proposed m.odiftcation of subject, and any man who attempts to explain it to the House in act of .March 3, 1873. five minutes' time undertakes to do a vain thing. I would prefer, even to the adoption of this substitute, that the whole section be stricken out and that the subject be referred to the Committee on the Post-Office n.nd Post-Rooos or to the Committee on Expenditures in Average weight of mails whole distance per day. the Post-Office Del?artment, of which the gentlema.n from Missouri [Mr. STONE] is chmrman, in order that they may work the matternp fully. It is a subject which involves the expenditure of from eight million to twelve million dollars a year by this Government, and should not be passed upon in a hasty manner. But if yon must put 200 ponn(lS ••••••••.•••.•.•••.••••••••.••••.. 8 72 $50 it upon an appropriation bill, then I insist tha.t this substitute is far 200+ 300= 500pounds ................................. . 12 10d 75 superior to the bill of the Committ-ee on Appropriations. 500 + 700= 1, 200 pounds •••••..•.••..•••.•••••.••..•.••••. 16 144 100 [Here the hammer fell.] 1,200+ 800= 2, 000 pounds ................................. . 20 teo 125 Ur. HOLMAN. I desire to submit an amendment to the original 2, 000+1,500= 3, 500 pounds .•.•••...••••••.••.•.•.•••....•... 25 2'25 150 3, 500+ 1, 500= 5, 000 pounds .....•••.••..••••••••••.••••••.••. 30 270 175 text of the bill. I move to add to the pending section-section 7 of 5, 000+2, 000= 71 000 pountls .••.••••.•...•••••.••••..••.•..••. 35 315 200 the bill-that which I send to the Clerk's desk to be read. 7, 000+3, 000=10, 000 pounds ...•••.•••••.••..•••••...•..•..... 40 360 225 The Clerk read as foUows : 10, 000+5, 000=15, 000 pounds ------------ ..•.••.•••••.....••••. 45 405 250 15, 000+5, 000=20, 000 pounds ·.••••..•••.•.•..••.••.•••..••.•... 50 450 275 :Bnt tho sum paid to any railroad company for such transportation shall not ox- ~1(), 000 + 5, 000=25, 000 pounds .......•.•...••.•.••••••••••.•••.• 55 495 300 oeed 8600 per mile for such services for any one year. 25,000 t5, 000==30, 000 pounds .•••••..••••••••••••••••••••.••••. 60 540 3'25 1\Ir. CANNON, of Dlinois. The gentleman proposes to amend the 30, 000+5, 000=35, 000 pounds •.•••••....•..••••••.•••••••••.••. 65 585 350 35, 000+5, 000=40, 000 poundl'! .••.•••••...•.••••••.•....•••...•. 70 6:10 375 bill' 40, OOOt5, 000=45, 000 pounds ....••.....•.•••••.•••••••••••.•.. 75 675 400 :Mr. HOLMAN. The amendment of the gentleman from illinois 43, 000+5, 000=50, 000 pounds ................................. . ~0 ~ 425 [Mr. CANNON] is to strike out and insert; I propose to amend the 50, 000+5, 000=55, 000 pounds ................................. . 85 765 450 text before the question is taken upon striking out and inserting. 55, 000+5, 000=60, OOOpounds .: •.•. .•••••.....••••••••••••••••• 90 810 475 GO, 000+5, 000=65, 000 pouncls ..•....•.•••.•••••.•...•••••.••••. 855 I 500 The effect of the substitute proposed by the gentleman from Illi- 65, 000+5, 000=70, 000 pounds .•••••..••.•..••••.•••••.••. ······1 70. 000 t5, 000=75, 000 pounds ................................. . 95 100 900 i 525 to5 945 1 550 nois would be not only t,o perpetuate the present eyi.l sy~tem of bas- ing compensation upon space and weight, but, in my juugment, from 75, 000 + 5, OC0=£10, 000 pounds ...••..•.•••.•.•.•.••.•• , ••••••••. 80, 000+5, 000:=85, 000 pounds .....•.•••••..••••..•••..••••.•... 110 990 115 :1,035 I575 *600 a hasty reading of the substitute, it would result in an absolute in- crease of expenditures over the present rates. The gentleman as- I sumes, it seems to me, in a very extraordinary manner that this meas- *And 25 additional for every additional5,000 pounds, with 45 additional square ure h38 not been the subject of any special consideration. feet. "With $3.75 per 9 square feet f11r excess of space over required complement, and Mr. CANNON, of Dlinois. Not at all; I do not assume any such deduction at saruo rato for deficiency of space. thing. 3130 CONGRESSIONAL RECORD-HOUSE. MAY 17, Mr. HOLMAN. There are gentlemen on the Committee on Appro- favor. That is the last communication we have from the Postmas- priations who have been exn.mming this subject for ten years. I have ter-General. myseli had the honor before the present Congress of being upon a Mr. CANNON, of illinois. I will not dispute your official commu- committee tha.t examined this subject. The question of providing nication. You cite the Post-Office Department in favor of yonrplan, reasonable rates of compensation to railro:td corporations for the and I say that a majority of the persons in the Post-Office Depart- transportation of the mail has been the subject of very special inter- ment having charge of these matters, while they have not spoken est. The Committee on Appropriations, aided by the Committee on officially, by no meails favor the bill the gentleman reports, as I hap- the Post-Office and Post-Roads, of which the gentleman from Illinois pen to know. [Mr. CANNON] is a distinguished member, and aided also by the Com- Mr. HOLMAN. I hope my friend will remember that I only cited mittee on Expenditures in the Post-Office Department, have spent an the Postmaster-General and the late and present superintendents of unusual amount of time in the investigation of this subject at the railroad-mail transportation. Those gentlemen have been before the present &ession. Whatever information could be furnished them, Committee on Appropriations, and they all concur in the opinion either by the Post-Office Department on the one hand or by the rail- that compensation by space is the fairest, the most just, and the least road companies on the other, together with the information furnished subject to fraud of any system that we can adopt. to the Senate at the first session of the last Congress by the Commit- Mr. CANNON, of Illinois. Allow me one question. tee on Transportation of that body-all this information has been Mr. HOLMAN. Certainly. very carefully considered by the Committee on Appropriations. I Mr. CANNON, of Illinois. It is only a make-weight, I will acknowl- am surprised, therefore, that the ~entleman should a~sume that this edge. Does not the gentleman know that this proposition of his to subject has not received due constdemtion from that committee. pay by space, even at the rate of 5 or 6 mills per mile, is a propo- I object to the substitute of the gentleman for two reasons: first, sit.ion that the great rail way companies have been fighting for for because it perpetuates the present evil system out of which frauds years, and that they are making no opposition to it now f have grown, that is, the system of basing compent~ation upon the Mr. HOLMAN. Oh, yes; let the gentleman hear me; they are double standard of weight and the space occupied by the mails in the asking 13 mills per mile. cars. The late superintendent of postal transportation by railroads Mr. CANNON, of Illinois. Certainly; but they make no objection makes .his main point that the system of weighing the mails is neces- even t.o your 5 or 6 mills per mile; they only wish to have the sys- sarily attended with fraud, unless you are able to obtain absolute se- tem adopted. curityin the integrity of the innumerable officers necessarily employed Air. HOLMAN. I hope they will not. They are asking, however, in the performance of that duty. I object also to the substitute be- 13 mills. Now, I am afraid the gentleman from Illinois is not in this cause its effect will be rather to increase than to diminish the compen- matter as ingenuous as he usually is. He knows very well that the sation to be paid to railroads for this service. only reason why the railroads favored this plan was that they asked One word now in regard to my amendment. I have not offered it 13 mills per mile instead of 5 or 6 mills, the figures we have adopted. a~ coming from the Committee on Appropriations, although it has The CHAIRMAN. Debate on the pending section, and all amend- been somewhat considered by that committee and I think a majority ment-s thereto, is now closed by order of the House. of the members, if not n.ll of them, think that some limitation should Mr. REAGAN. I desire to offer an amendment to the amendment. be imposed. Upon ex:J.miniug the last report of the Postmaster-Gen- The CHAIRMAN. That is in order. eral, I find thatthehighest pay per annum was$528,and that was paid Mr. REAGAN. I move to amend the amendment of the gentleman to the Pennsylvania Railroad. It is true that in the effort to maintain from Indiana [Mr. HoLMAN] by striking out" $600 per mile" and in- a fast-mail line from New York to Chicago the expense ran up as high serting "$500 per mile;" so as to make the maximum compensation as 1,0H:I a mile; and I think the gentleman's plan would run it np of the railroad companies $500 a mile. I have several times called as high as 1,025 per mile. attention-- Mr. CANNON, of Illinois. No; for fifty thousand pounds of mail The CHAIRMAN. It is in orpartment exacts high speed. This would make lines lla.nd 12 read other land-grant roads results in a loss of just 20 per cent. to the rail- "at a rate of speed not exceeding twenty miles per hour, 6 mills; " lines 15 and road. 16, "speed exceeding twenty miles and not over twenty-five miles per hour, 7 mills;" lines 19 and 20, "speed exceeding twenty-five miles per hour and not over thirty, Now, then, the railroad gets its revenues from carrying the mails 8 mills;" lmes 23 anti 24, '' speed exceedii.tg thirty miles and over, 9 mills.'' and from transporting passengers and freight, in the main the pas- This, as you see, makes no change in the rates fixed by the bill, but simply makes sengers living and the freight being produced in the section of coun- a reduction of five miles in the speed. try contiguous to the railroad; so what is lost to the road in not get- Will not yoo have this change mn.de, and oblige yours, very trnly, THOMAS A. SCO'l'T, President. ting the cost of mail service will of course be added by the railroad Hon. SAMUEL J. RANDALL, as an additiorral burden upon the freight and passenger traffic. Chairman Committee on .Appropriations, To illustrate, sa.y it actually costs per annum (for the argument) the House of Representatives, Washington, D. 0. railroad: $100,000 to carry the mails, $100,000 to carry the passengers, Mr. HOLMAN. My friend knows that this is an argument in the and 100,000 to carry t.h e freight., making a total of $300,000. By this interest of the railroads, and that is all thereisaboutit. Everyone of section therailroad gets from the Government$SO,OOO, which is a loss these matt-ers, as he knows, has been considered fully by the commit- of $20,000, and the railroad will not only get the 100,000 by charge tee. The gentl~man has considered them himself, and the only ob- to passengers and $100,000 by charge on freights, but will put the jection he has is that it puts the 1·ates too low. $20,000 lost by carrying the mails upon the freight and passengers, 1\h·. FOSTER. And therefore destroys the mail service of the country. which the Government should have paid. That is, the _people along The CHAIRMAN. All this discussion is out of order. The ques- the line of the road will have to pa.y the $20,000 that all the people tion recurs on the motion to strike out. of the United States should pay and that all the people of tJle United The committee divided; and there were-ayes 70, noes 77. States do pay as to all roads other than the Illinois Central Railroad So the motion to strike out was disagreed to. and land-grant railroads. Mr. CANNON, of Illinois. I move in line 20 to strike out "25" This is a scheme of the Committee on Appropriations to tax the and insert "50," and at the end of the section to add, "not less than people that live along the lllinois Central RailroaQU company got t.he other. The United States Government los~ noth- the charges made by the railroad corporations as tha.t they sboulcl not ing. The obligation of the milroad companl_es to carry the mails an_d add the taxes imposed by the State to the ·cost of transporting pas- munitions of war at a reduced cost, a.ccordmg to the terms of thetr sengers and freight in the State charters, may be the most binding, but in the light of our experience Mr. WILSON, of Iowa. I will answer the gentlema.n by asking in Iowa with these compa.nies, I see very clearly that what IS saved how the people of Iowa can prevent this money, which will be with- to all the people by this provision will be pa.id by the patrons of the held under the tenth section of this bill, from being assessed on the roads living along theiJ?· . . . . . . transportation of their persons and property t I think gentlemen w1ll not fail to see the great IDJUSt\ce t~us legl~­ Mr. HOLMAN. Do I understK'lnd tho gentleman to say that when lation would inflict upon the most deserving class of Amenca.n Citi- they imposed ta.xes in Iowa upon these milroad corporations they zens. They have invoked the aid of Congress to remedy evils and added a clause provicling that such taxes should not be added to the correct abuses that have grown up with the growth of the corpora- cost of transporting passengers and freight t tions that carry the mails and tmnsport to market the enormous sur- Mr. WILSON, of Iowa. I do not remember about that. plus reguired in the East a.nd shipped abroad. They have asked Mr. HOLMAN. I thought not; I saw the fallacy of the geutleman's Congress to prevent extortion and discrimination where State law argument at once. And yet he lives in a State that imposes a pretty cannot reach, and so far their petitions have been denied. It has heavy tax on railroad corpOrations, and yet they never dreamed of never entered the minds of any of them that they were to bo selected putting in a restriction. • as proper subjects of additional taxation. It is true the fertile acres Mr. WILSON, of Iowa. Will the gentleman allow me one moment f of the Northwest yield abundantly. The States comprising this sec- Mr. HOLMAN. My friend must excuse mo. He ml1St bear in mind tion are the most prosperous of any in the· Union, but surely this that every act of past Con~resses making these grants of land to rail- House will hesitate even indirectly to lay heavier burdens upon the roads contained, as a condition of the grant, tbe.right of Congress to broad shoulders or fetter the strong anns or discourage the stout regulate the cost of transporting the ma.ilB, for the reason that it was hearts that have made States out of the storm-swept prairies and considered but faiT and proper that the value of those grants should garnished them with the accompaniments of civilized and enlight- be taken into consideration when fixing the compensation of railroads ened life. for transporting the mails. If you will go a step farther and prevent the large sum of money In the Illinois Central Railroad bill you had a. clause requiring that proposed to be saved to the Treasury from being assessed upon the road to transport the supplies and troops of the Goven1mont freo of people who are tributary to the land-grant roads, the co~troversy charge. Yet that company obtained 3,500,000 from the public Treas- arising out of the legislation will be between the corporations and ury in the hour of this nation's peril for the transportation of the the Government; but if the corporations are permitted to exact the troops and supplies of the Government, and up to this time every amount from the people that is to be saved by this clause to the Gen- effort has been insn.fficient to secure the refunding of that amount. eral Government, the retrenchment of expenses affected in this case That corporation was more than built by your munificent lancl gra.nt; may be matter of satisfaction to s9me sections of the country, but it is the wealthiest corporation in this country, built up by your munif- v.ill be bitter legislation for my constituents, who are tributary to icence, and it is the last corporation that should come into this House two of these roads. and protest against carrying the mails at a fair and reasonable rate. It seems t.hat this House is anxious to investi~ate every Department We propose to pay the land-grant railroads what it is worth to convey of the Government, evecy individual connecte<1 with it, every inte~est the mails, but not a profit. It is the refusal to give them a. profit on with which our people are connected, except that of transportatiOn, the transportation of the mails that excites tho indignation of such no rna tter in what shape this subject comes before this House, whether corporations as the Illinois Central Railroad. That railroad bas on call of the States, or on leave for unanimous consent, a majority $3,500,000 of the public money in its treasury wrongfully obtained in the one case or an individual in the other is ready to choke off during the period of war. favorable action. MI·. WILSON, of Iowa. Allow me one minute. The great producing Northwest is the plaything of a very few men Mr. HOLMAN. I do not object to tho gentleman moving to add who control our railroad system; combinations raise and depress rates to this section a provision that the one-fifth deducted :Scorn the cost a.t pleasure. This House while it refuses to consider this great and of transporting the mails by the la.nd-grant r~ilroad companies shall overshadowing question directly, must not indirectly add new burdens not be added by them to the cost of transporting persons and freight by placin~ part of the expenses of the Post-Office Department on us in the various States of this Union. But the amendment of the gen- that shoUld be borne by the general Treasury. tleman as now offered is so drawn up a.s to simply defeat this provis- Now I want to call attention to one thing more while I am on my ion of the bill, for he makes it depend upon future legislation of feet. The gentleman from Massachusetts [Mr. BA....~KSl the other day Congress; and how soon that legislation can be effected no one can made these remarks, which I quote from the CONGRESSIONAL RECORD tell. His State can very readily apply tho remedy, and say that no o~ May 13: such addition shall be made, for that is under State control. How much have the people of the West paid for those railroads 7 As a matter [Here tho hammer fell.] of general fact not one dollar. What the FFICE APPROPRIATION BILL. the four years of the continuance of the war f Of course- that is un- Mr. HOLMAN. I move that the committee rise, for the purpose of reasonable. But the gentleman knows, as does every one who bas closing debate on the pending paragraph. investigated the subject, that the Illinois Central Railroad Company Mr. CANNON, of lllinois. There is no necessity of the committee did not get as much for transporting troops, &c., as other companies rising if the gentleman will only agree to close all debate in ten min- received. This company was paid for service, for the men it em- utes. ployed, for the oil and coal it burned, not for the use of its road. Mr. HOLMAN. I think five minutes is enough. The gentleman from Indiana should not mislead the House in this Mr. CANNON, of lllinois. I object, unless we have ten minutes. regartt. Mr. HOLMAN. I will yield to the demand for ten minutes, and will So far as regards his claim that this railroad company should now divide that time with the gentleman. transport the mails cheaper than others I am with him if he can saddle The CHAIRMAN. Is there objection to closing debate on the pend- the difference upon the road. Bot there is the difficulty. As has in~ paragraph in ten minutes! been well asked by my colleague [Mr. CANNON] and the gentleman There was no objection, and it was ordered accordingly. from Iowa, [Mr. WILSON,] can this company be compelled to bear this Mr. WILSON, of Iowa.. I now withdraw my amendment in ordor burden and not saddle it on ns T If the gentleman will devise some that the gentleman whose time I took may renew it. means by which that railroad company will be compelled to carry Mr. FORT. I renew the amendment. these mails for 80 per cent. of the ordinary compensation and not The gentleman from Indiana in his zeal, I think, misrepresents tho charge tho remaining 20 per cent. upon those who happen to live true state of the facts which transpired during the late war. He along their line, then, of course, I would be disposed to support his knows, and if he does not any gentleman of the House can soon learn proposition. the fact, that there were months·during that time when the Govern· Mr. HOLMAN. But one word, and I shall then ask the House to ment monopolized every single freight-car on the Illinois Central close debate on this paragraph. My friend from Illinois is mistaken Railroad, and would not allow a citizen a single car for the trans- simply in this: The law making the grant to the illinois Central portation of his corn, or oats, or wheat. The Government took pos- Railroad Company contained this provision: ''The said road shall be session of every one of them, and every freight-car for months.was em- a public high wa.yforthe transportation of the troops and supplies of the ployed in Government transportation. The gentleman under tho law Unite(lStates, free of toll or other charge;" yet that company, taking certainly will not claim this railroad was compelled to render all the advantage of the peril of the Government in the years 1862,1863, and service it could perform to the Government free of charge. How, 1864, received from the Treasury over $3,000,000. On two occasions, then, could the company pay its men f How could the company pay upon the motion of a distinguished citizen of that Stat.e, who like a its expenses T Such a demand is utterly unreasonable. The emer- ruan stood by the people of Illinois and of this country in their hour gency which then arose wa.s unlooked for. Nothing of the sort was or of peril, this House incorporatc.d upon an appropriation bill a pro- could have been foreseen when the building of the railroad w~s un- vision instructing the Attorney-General to bring snit to compel that dertaken under the land grant made to the State of Illinois. cmp01·ation to disgorge that money. But that measure was twice de- There were times when the road was entirely under the control of feated in the Senate; and the gentleman understands as well as my- the Govemment-completely monopolized by the Government. There self the ::agencies through which that measure was defeated. were times when even passengers were not taken over the road. The Mr. FORT. Does the gentleman claim that the Illinois Central transportat-ion of troops and munitions of war and supplies occu- Railroad Company onght to have transported troops and supplies pied the entire road for months, and for months nothing else could f1·ee during all that timeT be done upon it. This is well known to men who lived along the lino Mr. HOLMAN. By every reasonable interpretation of the law, by of the road. It is known that men were broken up who bad pur- the language used in the debates at the time the bill was passed, and chased grain, and corn, and other supplies, and desh·ed to get them to by the nature of the corporation, that company was bound to trans- market, but could not do so for months simply because the uso of the port the tJ:oops and supplies of the Government free from toll or other road was monopolized exclusively by the Government. charge. Now, sir, let me get back to the question which we have here. I say ·3134 CONGRESSIONAL~ RECORD-.HOUSE. ·MAY 1i, to the gentleman from Indiana if he can compel the illinois Central out of one corner of his mouth one minute, and the very next minute Railroad to do this service for 80 per cent., all right ; but he cannot he blows cold, and says that 80 per cent. of the amount he proposes do it. The gentleman may say that he will pay them but 80 per to allow to the railioad companies of the Unit.ed States is a fair com- cent.; but we must make up the other 20. He says that the Govern- pensation for carrying the mails and the other 20 per cent. is a large ment built the Illinois Central Railroad. -I will confess that the land profit. That is the gentleman's consistency. I wish he would hang grant was the occasion of the building of that road. But what did together for ten minutes upon some proposition or other in reference the Government lose! As has been stated, they got $2.50 per a.cre to this matter. First it is very cheap ; first it is bare cost; first it is for every other section, and much of it was sold for $5 and some low enough for all the railroad companies of the United States; and for $10 an acre. The records of the Department will show that the the next minute 80 per cent. is enough and covers the cost, and he Government got more money for their alternate sections than they does not want to pay more than the cost to these railroad companies would have got for the whole of their land if they had sold it for for carrying the mails. · $1.25 per acre. It was a benefit to the Government, it was a benefit The right way and the fair way is not to deceive or impose upon to the raihoad company, it was a benefit to the people of the State anybody. It would be the part of statesmanship to examine the law of Illinois. It benefited that country, and brought it forward faster itself and the circumstances under which it passed to ascertain what I' than would have been the case otherwise. it meant, aml after you have done that, do what is right about it and But, Mr. Chahman, the gtmtleman from Indiana so far has failed to quit trying to cheat somebody; when I say cheat somebody, I mean show us how we can compel the Illinois Central Rail way Company to trying to deceive somebody; in other words, trying to drag through bear this burden. The people of some other country, perhaps of the an unjust bill in tho interest of the great railways to pay them for East, perhaps of England, have built the Illinois Central Railroad as carrying the mails that will cost the Government millions of money they have built other railroads in the West, and I say that in aU fair- more than the present system, and then diverting the attention of the ness they are entitled to their dividends. We are not to suppose that people from the unjust features of this bill by saying we pay those they were persons so disinterested, so benevolent, as to contribute land-grant companies 20 per cent. less than other companies. I ap- their means to make improvements for us without the possibility of peal to the future, should this bill become law, to say who is right, making_ profit for themselves; and I say when they have a chance of the gentleman from Indiana or myself. I appeal to the intelligent making a profit they are entitled to it. And it is little less than re- judgment of the future to decide who is standing here and advocat- ~udiation for us to turn upon them and say you shall not make a ing legislation in the interest of railroad companies, the gentleman reasonable profit on your investments. I think all such arguments as from Indiana or myself. that should go for nothing; it certainly is not becoming for gentle- [Here the hammer fell.] men on this floor to insist upon them. Mr. WILSON, of Iowa. I ask unanimous consent that the gentle- [Here the hammer fell.] man from Indiana may have five minutes. Mr. HOLMAN, and Mr. ·CANNON of Illinois, rose. Mr. PAGE. I object. Th'3 CHAIRl\1AN. The Chair recognizes the gentleman from Illi- Mr. HOLMAN. I do not ask for five minutes; you gentlemen on nois, [Mr. CANNON.] the other side have had all the time you desire. .Mr. HOLMAN. · Then there will be two speeches on the same side, .Mr. WILSON, of Iowa. 'fhe gentleman from California seems to instead of one for and the other against. find it convenient to object at all times. The CHAIRMAN. The Chair understood that the gentleman from Mr. PAGE. The gentleman from California will object whenever Indiana [Mr. HOLMAN] allowed ten minutes to the other side on this he feels like it. question. The question was taken on the amendment of Mr. WILSON, of Mr. HOLMAN. I did not intend to allow the whole of the last five Iowa; and on a division there were ayes 29, noes not counted. minutes to go to the other side. So the amendment was not agreed to. Mr. CANNON, of Illinois. After I have had to l1eg ten minutes of The question recurred upon tbe motion of Mr. CANNON, of Illinois, the gentleman, he wishes to take back part of the time. to' strike out the tenth section of the bill; and on a division there The CHAIRMAN. The gentleman from Illinois will proceed. were-ayes 44, noes 67 . Mr. CANNON, of illinois. I hold in my hand the original land- .Mr. CANNON, of Illinois. I call for tellers, as no quorum has voted. grant act making this grant to illinois and other States. In its fourth Tellers were ordered; and Mr. CANNON,·of Illinois, and .Mr. HoL- section it provides- MAN were appointed. That the said lands hereby granted to the said State shall be subject to the di.B- The committee divided; and the tellers reported ayes 36, noes not pmml of the Legislature thereof, for the purposes aforesaid and no other ; and the counted. said railroad and branches shall be and remain a public highway, for the use of the So the amendment was not agreed to. Gilveroment of tho United States, free from toll or other charge upon the trans- portation of any property or troops of the United States. The Clerk resumed the reading of the bill and read as follows: That is one section. Then the sixth section provides- SEC. 11. That section 4017 of the Revised Statutes be so amended as to read as follows: That the United States mail shall at all times be tl'ansported on the said railroad " SEc. 4017. The Postmaster.General may employ such a number of special agents under the direction of the Post-Office Department- as the good of the service and the safety of the mail may require. Such agents Not free, but- shall be paid a salary at the rate of not more than $1,600 a year each; and they at such price as the Congress may by law direct. shall be allowed, on proper vouchers, for living and incidental expenses 1\_Ctually incurred while traveling and absent from their headquarters in the disch!l.rge of Now, it is not necessary to discuss the first section I have read. It their official duties, .not exceeding $5 a day: Provided., That in the employment of has been discussed in this House years ago, long before I had the such special agents the appropriation made in the .first section of this act for mail depredations and special agents shall not be exceeded.'' honor to be a member of Congress. Some gentlemen say that the railway company ought to have done all the transportation free of Mr. FOSTER. I move to strike out that section. I believe that charge for the Government and furnished the rolling-stock and em- the only difference between that section and the law as it now stands ployes without charge. Others say the company was only bound to is in regard to the manner in which these special agents shall be paid. let the Government have the use of the track, &c., without charge. Under the present system 'they ar~ allowed a per diem. This proposi- I do not know which is the proper legal construction of the act. tion is that these expenses shall be paid by vouchers. Now, this js a That was settled by a former Congress, at least for the time being. special agency-a detective service to a certain extent-and I think If, however, the gentleman from Indiana should see proper to intro- every gentleman most see how difficult and embarrassing it mnst be duce a resolution instructing the ·Attorney-General to bring suit for the special agent to be compelled to take vouchers for the ex- against the company for the recovery of amounts paid by the Govern- penses he incurs. Under the present system the management of this ment to that road for transportation, let him do so; and if it passes, branch of the service is perhaps superior to anyt.hing we have ever then the courts can pass upon the question. But the gentleman comes had. It is sustained in the present form by the Postmast.er-General with this other proposition. It is not right that he should go back and by the head of the special agents, and I think it would be a mis- and drag in this old matter as a make-weight to carry his unjust and take to compel special agents to take vouchers. They have to travel improper proposition in reference to the question now pending. The under cover-sometimes under two names-aud it will be seen how rights of the Government as to the transportation of the mails under difficult it will be to take vouchers for their expenses. The present the section last quoted are very different from it.s rights under the system, in my judgment, is the most correct. first section qu_oted. . Mr. HOLMAN. My friend is mistaken as to tho effect of this pro- 0, yes ; the gentleman is very astute ; he is very good at argument vision. Its object is to limit the allowance to the special agents em- and is very good at subterfuge. If he can only introduce some prop- ployed by the Post-Office Department. Under tho existing law .they osition under the pretext of economy a.nd mix it up with something get a salary of $1,600 and I believe $5 a day for expenses 0. t:'.... Q) Q) ..... ..... - ...... their intelligence and advance, on account of their experience, be g8'~~~ ]e] ~ ~ ~ fully compensated t The present salary, as I look at it, is smaller C,) ~ ~- ~~~~ ~· ~_£ 1__:!_;_f_ 1 than they should receive, and the extra allowance is expended for 1875-May ..... ---·-··- 13 2 2 . __ 1 2 1 2 ···-·- 4 zr their traveling expenses. Break down this force and what will be June·------·-··· 8 3 1 3 1 2 1 -···-· 8 27 the effect of it f The effect of it will be that the head of the Depart- July . .. ......•.•. 6 .... ---· .... 1 ......•.. 1 11 20 ment will be deprived of the means of convicting and breaking down August .......•.. 10 1 3 .•• 1 ... 1 1 5 22 that cla-ss of men who are a. nuisance to the community by sending September....... 8 2 ---- -·-· ···--· 2 .•.••. 1 9 22 through the mails licentious literature and debauching the people of October--··--··· 16 --·- .... 1 2 ......•... 1 9 39 November.-····- 2 ---- -·-· -·-· 1 .••. -·-·-- 1 26 30 the country. December ....... 11 1 1 ---· ..•.•......••.•. 1 .••••. 10 24 Let me say to the chairman of tb.e committee that I do not believe 187~:b~Zy.:::::::: ~ --~· :::: :::: :::::: :::: :::::: -·i· ----i- ~~ ~ the great body of the American people would not regard this as a. blow struck at the very vitals of this system. I know the gentleman March ......• ·-·-1 2 1 1 -··- ···--- .... --···- 1 .••... 17 2-2 Arres~~rilby--~~"c"i.&i- -·-· ··-- --·- -·-· --···· ··-- 2 --·· -····- 15 17 who is at the head of this Department intimately; I know him per- sonally; I know his ability; and I know it would be a serious publitJ a.genta, but not tried calamity to have the influence of that officer decreased or destroyed. in United States Mr. STONE. I desire to correct one statement made by the gen- 00:'"..;:::::::::::::: ~~-ii~~~~~ ~~i~,~~ tleman from Connecticut. I do not propose to reduce the number of employes under the superintendent of the mail service, nor will I detract from the merits of any gentleman connected with the railroad 3136 CONGR.ESSIONAL RECORD-HOUSE. MAY 17, mail service ; but if the gentleman Will take the roster of the Post- new post-routes est~blished by this Congress if no appropriation is Office Department for 1876 he will find that the Postmaster-General to be made for them, or no provision passed by which a deficiency can bas placed one of the superint~ndeut.s of railroad mail service as chief be hereafter appropriated to put service on those routes. There have ()f the special agents, and not superintendent of the railroad service. been several new routes established in almost every congressional dis- I have no objection to the salaries paid to these agents, but I do pro- trict in the United States. What is the use of establishing these post- test against their being paid $5 a da.y while they are doing duty at routes if there is to be no serviee upon them f And how can service headqua.rters; but when they are ordered away they ought to be be put upon them unless the Committee o~Appropriationswill allow paid their expense-s, as it will be found they are whenever traveling a sufficient appropriation to defray the expenses t on business of the Department. If I apply at the Post-Office Depa1·tment for an increase of service Mr. WAIT. A single word in reply to the gentleman from Mis- on any route, I am all the time met by the declaration that there is souri. If I understand him, the Postmnster-Gener-tl bas appointed an no appropriation for that purpose. When I ask that a new post-office officer and clothed him with powers with which he had no authority be established where the postmaster would get only 12 or $15 a year, to clothe him. I think the law is entit.l ed to a liberal construction, but the office is needed for the convenience of the neighborhood so and when I point out the evils which it is the duty of this officer to that they may not be obliged to go fifteen or twenty miles for their protect the country against, I say that the law should have that con- mails, the Postmaster-General tells me that there is no appropriation struction, and shonJU not be construed like a criminal law. This gen- for the purpose :111d he will not establish the office. I understand that tleman is charged with the protection of the maiL'l of the country, this amendment covers such cases us these. In order that the com- not only against preventing persons from stealing money out of let- mittee may understand exactly the com1ition in which many localities ters, lmt to prevent the using the mails to befoul the public mind, by of this conutry are placed, I ask the Clerk to read a. letter which I have which the American people are shocked. I withdraw my formal received from the Post-Office Department in confirmation of what I amendment. have said. I hope that letter will make some impression upon the The question was taken upon striking out the section; and on a. gentleman in charge of this bill, if my remarks fail to do so. division there were ayes 38, noes not counted; so the motion' was The Clerk read as follows: not agreed ttO. PosT-OFFICE DErABTMIL'IT, .Al'POINTMENT OFFICE, The Clerk resumed the reading of the bill, and read as follows : Washingtol&, D. 0., ,April24, 1876. SEC. 14. That no poRt-office or service on any mail-route necessary for tbe public Sm: The application of your correspondent, * * * of Stanford, Kentucky, service, and required for the proper and efficient distribution of the mails, shall be for the establishment of a post-office at Cumberland Falls, Whitley County, Ken· discontinued. tucky, submitted with your indorsement of the 21st instant, is recmved. In reply thereto, I have to say that in consequence of the uncertainty of con- Mr. FOSTER. I mo·ve to strike out that section. This bill is ab- gressional legislation in regard to the appropliation for postal purposes for tlH' surd enough· without this provision; we have stricken down fast- year 1877, the Postmaster-General is constrained to decide against. the establish- mail trains; we have decreased the mail facilities of the people, and ment of any additional post-offices at this time. now we propose to compel the PostmUBtel·-General to create deficien- ofIn order that the case may be prepared for future consideration, the usual Jetter interl'ogatories as to locaEty, tho population to be supplied, &c., has thls day cies. It strikes me that there was absurdity enough in this bill with- been sent to * * * the person recommended for postmaster, to the cru-e of out tills provision. the postmaster at Young's Creek, Whitley County, Kentucky. Mr. HOLMAN. I call for a vote. I am, sir, respectfully, &c., '!'he question was taken on Mr. FosTER's motion, and it was not J. W. MARSHALL, First AsNtant Postmaster-General. agreed to. . Hon. JoHN D. WHITE, Mr. DIBRELL. I move to strike out section 14 and to insert in lieu HO'UBe of Representatives. that which I send to the Clerk's desk to be read. Mr. WHITE. As the First Assistant Postmaster-General writes mo The Clerk read as follows: in regard to establishing new post-offices, so the Second Assistant That no post-office or service on any mail-route now in existence or established Poj!tmaster General will write to every member with regard to putting by the present Congress shall be snspended or discontinued by the Postnmstel'-Gen- service upon these new post-routes. He will tell them that there is eral on account of tho amount herein appropriated. not a sufficient appropriation for the purpose. I would like to know ' Mr. DIBRELL. The object of my amendment is to protect the star what is the use of establishing post-routes, if yon do not put servico routes, as they are called, and the small post-offices. .Much baa been upon them f Does the gentleman in charge of this bill ima!rl.ne that said in the discussion of this bill in the interest of railroads and of he is serving the people of this country by refusing to give them mail post-office accommodations in the large cities. But not a word has fa~ilities f If he thinks so, I can tell him that he is mistaken. If I been said in defense of tho star routes, and the small post-offices in understand the wants of the people of this country, what they most the interior of the country. desire is intelligence, above aU things mail facilities by which they Mr. HOLMAN. There has been made by this House a.n unanswer- can speedily communicate with aU parts of the country. It may servo able argument in favor of the star routes. In other words, we have the purpose of the party in power to keep the people in darkness during appropriated for the star routes and steamboat service $600,000 more the campaign that is now approaching, but it will not do for all time; in this bill than was expended for that service in t.be last fiscal year. it will not do for the coming years. I beseech the gentleman having There was therefore no necessity for mn.king any other argument in charge of this bill, as I do the entire committee, to make a sufficient favor of the star 1·outes. Yet my friend from Tennessee [Mr. DIQRELL] appropriation to cover all the necessary expenses of this Department. is apprehensive that the star routes will suffer; I think they are safe Mr. HOLMAN. How much does the gentleman want f enough. Mr. WHITE. I suggest that several million dollars be a.dded to the Mr. DffiRELL. My amendment, then, will do them no harm. amount proposed in the bill. [Laughter.] Mr. HOLMAN. My friend must see that the star routes do not Mr. HOLMAN. The young gentleman from Kentucky ought to say need any protection. How are they established t Any one of my to his people that this House has appropriated $600,000 more for this constituents, or of the constituents of the gentleman from Tennes- service than was expended last year. see, [Mr. DIBRELL,] sends a communication to us askin~for the estab- Mr. WHITE. That is not a sufficient answer. lishment of a new route. 'Ve slip the memorandum mto the little Mr. HOLMAN. I am not answering the gentleman at all. nut ho box at the Clerk's desk, it goes to the Committee on the Post-Office and should tell his constituents that at the time of the writing of this Post-Roads, and the new route is incorporated in the annual post- letter-a sort of letter which I have been receiving for sixteen yoars rout.o bill. Neither the gentleman nor myself ever thinks of exam- from the Post-Office Department, but with which I never troubled the ining the matter. Sixty per cent. more routes have been established House or occupied the space of the Congressional Globe or RECORD- at each session of Congress than service is put on. If every new at the time this lettor was written this House was adding $600,000 route provided for in the post-route bill had to pass the examination more for the star-route service than was expended last year, and a . of the member of Congress in whose district i~ is established, it would larger sum for this particular service than was ever a})propriat.ed by impose a very heavy duty upon members of Congress. I do not think Congress. that any of us ever considers the question of the necessity of these If the First Assistant Postmaster-General intends to say to tho new routes. It is convenient to have them established. We have them country that this ]louse is embarrassing the proper administration of on every road in the country. Nearly every turnpike road in the the' Post-Office Department, he makes a statement t.hat is not sus- Unit.ed States is a post-route. Sometimes a railroad runs right along tained by the records of this House. It does uot become an officer of by the side of the turnpike, and would my friend require that the the Post-Office Department to pretend that Congress will not make mail should be carried upon the turnpike road, with a railroad run- the necessary appropriations. This letter is in one of its features ning by the side of itt very remarkable; different in temper and SJ?irit from anythat I have The Ohio River at one time was a post-route established by law; ever known to emanate from the Post-Office Department. I have but railroads have now been built on both sides of the river, running received a. great many statements from the Post-Office Department in between the principal cities, and -the mail service on the river itself regard to the establishment of post-offices and mail service. has now been discontinued as unnecessary. I think the amendment Mr. WHITE. Did I not understand the gentleman to say that he of the gentleman is unnecessary. The language used by the commit- had received just such letters from the Post-Office Department for toe in this section accomplishes all that my friend says he desires to sixteen years f accomplish by his amendment. Mr. HOLMAN. The gentleman must excuse me. I have received Mr. WHITE. I move to amend by striking out the last word, for a great many let-ters from the Post-Office Department durin~ the last the purpose of expressing my entire approbation of the amendment sixteen years, stating embarrassments in the way of establishmg post- offere.d by the gentleman from Tennessee, [Mr. DIBRELL.] It is just offices. Such things are proper enough. nut to intimate an appre- such a provision as should be adopted. The gentleman iu charge of hension that Congress will not make tbe proper appropriations to this bill [.Mr. HoLMAL~] must seo the utter worthlessness of all the sustain one of the Departments of the Government is unauthorized 1876. OONGRESSIONAJ_J RECORD-HOUSE. 3137 and unwarranted. Such an intimation comes with very poor grt:tce enable the Postmaster-General to go on and spend the necessary from one of those Departments, particularly when at the very time money, and look to a future session of Congress for a deficiency appro- the letter seems to have been written we were appropriating a larger priation bill. sum for this specific service than has ever before been appropriateu; [Here the hammer fell.] for gentlemen must remember that we are now appropriating defi- Mr. FOSTER. There are two minutes and a half left, and I pro- nitely for the star-route service $6,800,000, though only $6,100,000 has pose to occupy that time. been expended for such service during the Jast fiscal year. I do not think, Mr. Chairman, the criticism made on the Postmaster- I am sorry to say a word in regard to the Post-Office Department General by the gentleman from Indiana is entirely just. When that that is not kind and complimentary ; for in the main I am pleased letter was written the Committee on Appropriations had reported to this with the admin\stration of that Department, but a letter of this tem- House a bill in which it J.>rovided but $14,500,000 should be paid for the pe::·, emanating ftom the head or a leading official of a Department and transportation ofthema1ls. He had expended this year over $16,000,000. reflecting upon the intentions of Congress in regard to the proper I think the gentleman's criticism was unjust, and that the Postmaster- support of one of the great Departments of the Government, I have General was simply exercising due caution when he saw this House never before heard read in this House, no matter what party was in intended to decrease his appropriation from $17,000,000, which was power. his estimate, down to $14,500,000, to look to the future and see how Mr. WHITE. Mr. Chairman-- much he could reduce and retrench expenditures instead of increasing The CHAIRMAN. Debate is exhausted on the pending amend- them. He had to give those gentlemen some answer, and he gave this ment. one. It may not have been in the best taste, lm t I think the Post- Mr. WHITE. I move to strikeout the last word. [Cries of "Vote!" master-General knew what everybody else knows, that it is the dis- "Vote!"] position of the controlling power in this House to reduce expenses to The CHAIRMAN. The motion to strike out the last word is the a point which is so low that the service cannot properly be performed. amendment of the gentleman from Kentucky already pending. We have a right to judge that by what they have already clone. Mr. WHITE. I move then to strike out the next to the last word. Take the legislative appropriation bill, and it is clear to every think- The CHAIRMAN. The Chair recognized the gentleman from Ken- ing man-indeed I do not believe there are twenty men in this House tucky to make a formal amendment, which he has done; and he has who do not know that several of the Departments under that bill occupied five minutes in discussing it. The gentleman from Indiana will be seriously crippled if it should become a law as it has passed [Mr. HoLMAN] occupied five minutes in opposing it. Therefore, the this House. Chair held that debate on the formal amendment was exhausted. [Here the hammer fell.] Mr. TOWNSEND, of Pennsylvania. I move to strike out the last Mr. CHITTENDE.N. I move to strike out the last word. word; and yield my time to the gentleman from Kentucky, [Mr. The CHAIRMAN. That is the motion now pending, but the gen- WHITE.] tleman can have the floor for five mmutes to oppose it. The CHAIRMAN. That is the motion now pending. Mr. CHITTENDEN. Mr. Chairman, having had no special respon- Mr. HOLMAN. If the gentleman from Kentuck-y is anxious to be sibility in regard to this bill, I have watched it during the various heard, I will withdraw the amendment that he may renew it. But I stages of its progress with perhaps a somewhat critical eye, and yet think we are consuming a great deal of time unnecessarily over this with a sincere desire to discover every possible, practicable, and use- matter. · ful reform involved in the measure proposed by the committee. I do The CHAIRMAN. The amendment can only be withdrawn by not propose even to occupy my five minutes in commenting upon its unanimous consent. conclusion, but I wish to say here, and have it go into the RECORD, Objection was made. that, in my judgment, as a practical business proposition ·it is utterly The question being taken on the pro forma amendment to strike out and absolutely impracticable, and therefore in the last degree dis- the last word, it was not agreed to. creditable to the two hundred and ninety Representatives of the Mr. FOSTER. I renew the amendment to strike out the last word, United States. I will make but one suggestion to establish my point, and yield my time to the gentleman from Kentucky, [Mr. WHITE.] and that is founded upon what appears at or near the very conclusion Mr. WHITE. I thank the gentleman from Pennsylvania, and also of the bill. The fourteenth section provides that no post-office or tho gentleman from Ohio, for their courtesy and kindness. I wish service on any mail-route necessary for the public service and required to say a single word in reply to the gentleman from Indiana. He for the proper and efficient distribution of the mails shall be discon- knows very well that I have voted in this House for every measure of tinued ; and then, turning over the leaf, the bill states that the ap- retrenchment and reform proposed by the majority of the House that propriations are diminished below the estimates and also below the has been warranted by reason or by ordinary common sense. But expenditures of last year by $5,750,000. If it be possible for any man whenever it is proposed to restrict mail facilities I must refuse to go to invent a more impossible proposition than is here presented to the with this majority. If I understand the temper of the American people, country, then I am incapable of appreciating the force of language. they not only wish but demand that they shall have first-rate mail The Postmaster-General reports that during the last year he suc- facilities. The amount proposed by the committee to be appropriated ceeded in reducing the expenses of the Post-Office Department for t.he is inadequate. We are told by the Postmaster-General, as well as by first time in the history of the country, I believe, to the extent of numbers of members on this floor, that it will not be sufficient. $48,000, and yet here the Committee on Appropriations-! do not speak The gentleman from Indiana objects to the letter which has been of them as opposed to me in politics; I do not speak from any parti- read from the First Assistant Postmaster-General. I appeal to the san position-but I say the Committee on Appropriations come here common sense of this House and the country at large whether and require him to perform the same service and all necessary in- that letter is not warranted by the "retrenchment and reform," so crease of service with appropriations diminished by $5,750,000 I I called, which has been attempted in this House all winter, and which say, it seems to me discreditable to the ordinary intelligence of the is recognized in this House and all over the country as mere political House of Representatives that such a bill should go out of this com- clap-trap. Now I object seriously to any effort at retrenchment and mittee. It never can become a law, and it never can be executed if reform which is calculated to restrict at present or in the future any · it does become a law ; and for one I wish to be recorded as speaking privileges now enjoyed by the American people in regard to mail facil- of this measure proposed by the Committee on Appropriations, as a ities. whole, as utterly and absolutely impracticable. Mr. HOLMAN. What measure of reform have you voted for at Mr. HOLMAN rose. this session t The CHAIRMAN. Does the gentleman from Ohio withdraw his Mr. WHITE. Mr. Chairman, the gentleman from Indiana asks me motion t what measure of reform I have voted for this winter. I ask the gen- Mr. FOSTER. I do. tleman to look at the RECOH.D and see if he can what I have not voted Mr. HOLMAN. I renew it. I should like to ask the gentleman for in the interest of retrenchment and reform. I think I went as far from New York whether he knows what the expenditure for the first as the farthest in regard to the Military Academy appropriation bill. three quarters of this year was, and, based on that, what would be In my judgment I then threw out a suggestion to the House which the expenditure for this entire year 7 Is my friend able to state itT at some future day I am sure will be adopted, and that is to limit this Mr. CHITTENDEN. I did not hear the gentleman's question ex- unwieldy body to two hundred members, thereby effecting a consid- actly. erable retrenchment and most justifiable at this time. I also voted Mr. HOLMAN. What is the current expenditure of the Depart- for the legislative, executive, and judicial appropriation bill. I do menU . not know what other measures of reform and economy which have Mr. CHITTENDEN. I stated at the outset that I had not studied been proposed I did not vote for. If there are any, let the gentleman the subject, but merely referred to the last page of the bill, and I am state them. I think I should be safe in referring the gentleman to not prepared to answer him accurately. . the RECORD to see whether I have not voted for every measure of re- Mr. HOLMAN. Will not my friend answer me with some approach trenchment and reform which has been proposed warranted by com- to accuracy f mon sense. I will not vote for this one because it is not warranted Mr. CHITTENDEN. Will the gentleman address himself to the by common sense or reason. point I made, that what is proposed in this bill is utterly impracti- The people of the country demand better mail facilities than they cable' have, and not to have the present mail facilities cut down. I ask Mr. HOLMAN. Those glittering generalities may do at Brooklyn, this committee to make sufficient appropriation to defray all the ex- but they will hardly do here when applied to the discussion of prac- penses of the postal service for the next year. If gentlemen on the tical questions. ot.her side wn.nt political capital with which to go into the next pres- Does not my friend know that the whole expenditures of this year, idential election, then pass this bill, but let them insert such a clause based on the expenditures of the first three months, will not exceed in it as that suggested by the gentleman from Tennessee, which will for transportation $16,100,000 Y And does he not know that this bill IV-197 . 3138 CONGRESSIONAL RECORD-HOUSE. l\1.AY 17, appropriates for that purpose very nearly that sum of money T Will less than the actual cost to the Government. That is the whole of it my friend state now how much this bill appropriates leas than the in substance. The Post-Office Department contracts for envelopes expenditures of this cmTent year! and prints upon them the name of the sender with the direction to Mr. CIDTTENDEN. This is the proposition I made: You require return if not called for within a certain time, procures newspaper- that the mail shall be carried, that there shall be no diminution in wrappers and transports them to different parts of the country and the public convenience, and that whatever is necessary shall be done sells them at a loss, at an actual loss to the Government, as demon- accordin~ to the previous practice of the Government- strated by some tables which I have in my hand, amounting in all to Mr. HoLMAN. Certainly. upward of $2,000,000 a year. Mr. CHITTENDEN. And then you require that it shall be done In other words, while we are endeavoring to reduce the expendi- for $5,750,000 leas money. What I say is that that is utterly imprac- tures of the Post-Office Department to the lowest mark, while we are ticable. in economizing the matter of new post-offices in the sparsely-settled Mr. HOLMAN. Now, if the gentlemen is able to state how much regions of the W eat and for the thickly-settled regions of the East, it cost to carry on the Post-Office Department for this year, we shall business men, wealthy, active business men, who use stamped envel- have a tangible point to begin at; but if my friend is not able to opes, have their names stamped on t.hem and tax the people to the state what it costs for the present fiscal year, he should inform him- amount of over$2,000,000 a year for the purpose of giving them that self of that by looking into the record. business facility. The effect of it is twofold: first, it increases by Mr. HOAR. Will the gentleman from Indiana allow me to ask him this large amount the deficit of ·the Post-Office Department; and, one question T second, it enables the Post-Office Department to give a bounty to a Mr. HOLMAN. Yes, sir. few favored manufacturers of envelopes at the expense of all the Mr. HOAR. I would ask the gentleman cannot a man say that it other envelope-manufacturers ofthe country, giving to these favored hurts him to cut six inches off his head, although he may not know few $2,000,000 for supplying the Government with this important how tall he is T branch of the service. I have a statement here which occupies eight Mr. HOLMAN. That may be a very good anecdote, but I do not or ten pages of this little pamphlet made up largely of figures, and see the point of it. I ask unanimous consent to have it printed as a part of my remarks. Mr. HOAR. The gentleman from Indiana says-- No objection was made, and the pamphlet is as follows: Mr. HOLMAN. I hope the gentleman from Massachusetts will ex- Mr. Chairman and gentlemen, we appear before yon representing the stationery, cuse me. I have only five minutes, and cannot yield to him further. printing, and envelope interests, which are serious1y affected by wnat we deem an By examining the record the gentleman from New York would unjust, unfair, and necessarily unequal competition. How large these interests have been able to furnish us the first point of importance in this in- are is best illustrated by saying they greatly exceed in number all the post-offices in this country, now numbering nearly thirty-six thousand. quiry, what the cost is to the Department for the present fiscal year. Perhaps we cannot do bett-er than lay our ground-work of complaint upon official Now there are items of expenditure absolutely increased by this bill data ; and to begin with we beg to refer to the Postmaster-General's report, 1869, over the expenditure of last year. Last year the star and steamboat pa~e 31, wherein he says: routes cost us about $6,100,000, in round numbeu~, while we appro- • But the remaining cause of complaint has become intolerable, and must be re- moved, if the Department is to be ~>a.ved from utter demoralization. The franking priate this year half a million dollars more. privilege has -grown to be an abuse so monstrous that it now threatens the very Mr. CHITTENDEN. The fast-mail line from NewYorktoChicago life of the serv1oo." has been receiving $1,000 per mile, and by this bill you limit it to Postmaster-General's report, 1869, page 32 : $600 a mile. "It is clear, therefore, that all special privileges, to whomsoever granted, at tho Mr. FOSTER. I think it is hardly fair in the gentleman from In- expense of the postal system, are hostile to the established theory upon which that diana to say that we are appropriating half a million dollars more for system was founded, and has ever since been conducted, and that Government itself the star ro.utea. We made no appropriations for the star routes at all; cannotjustly claim such privileges, unless they can be shown to be essential." we appropriate in bulk. Postmaster-General's report, 1869, page 34 : Mr. HOLMAN. The gentleman must excuse me, for that is a mere " If, therefore, the postaO'e value of this free matter be computed at the minimum evasion, if I may be allowed to use the expression. estimates of $1.25 per poun'a fori etters and sixteen cent~ per pound for documents." Mr. FOSTER. The evasion is on the other side. Postmaster-General's report, 1869, page 35 : Mr. HOLMAN. Last year it cost us $6,100,000; and do we not ap- "It will appear that the Gi>vernment is bound in honor and justice to appropriate $5,000,000 instead of $700,000 for this service." propriate half a million dollars more for this purpose this year f Mr. FOSTER. What did you appropriate last year for that service! Postmaster-General's report, 1869, page 37 : Mr. HOLMAN. We did not appropriate for it definitely, bnt in "Should Congress conform to my recommendations in this respect, I conficlontly preclict that millions will be saved annually to the Government, that the Depart- round numbers for that entire service. But I wish to say that, if my ment will be at once redeemed from its present condition of chronic bankrnptey, friend from New York will inquire a little more int.o the details of and that the postal service will speedily become the potent coadjutor of the people this service, the expenditure for the present and past years, if he will in developing and adorning our great country." inform himself of these various details, and when he shall have de- ]'ranking pri;ilege abolished July 1, 1R73. voted months to the investigation, then perhaps he may b~ justified There seems, between the above and the clause following, from the same Post- master-General, an inconsistency, which we cannot reconcile; if the abolishment of in rising in his seat and denouncing the bill as impracticable and con- the franking plivilege, in transportation of free matter will save $5,000,000 an- trary to the common sense of this House, if such examination justi- nually to the Department~ how can 2,000,000 pounds of stamped envelopes, news· fied such sweeping remark. paper-wrappers, and postal cards be carried for nothing 1 Mr. CHITTENDEN. I did not say that. I said the bill was im- " Stamped envelopes are trans:ported through the mails, it is true ; but no mail contract{)r has ever asked or rece1ved any additional or extra compensation for i hat practicable. I was very polite, and if my words have been taken cor- service; and were envelop~ to be abolished entirely, it is very certain no abate- rectly I think it will appear from the RECORD that I did not say a ment in the cost of transportation would be made. The envelopes are :pack,ed and discourteous word. I certainly had no discourteous feeling. delivered at the post-office in New York by the mannflwturer, and at his expense · Mr. HOLMAN. The gentleman is always courteous, but he pro- they are then handled, like other mail matter, by the Department's own officers and agents, until they reach their destination. No extraexpensewhateverisincurreu; nounced the whole measure an absurdity, without even examining the consequently the Department loses nothing." details of expenditure in this Department during the past years or Postmaster-General Jewell's report, 1874, page 28: what they are during the present year. I hope, :Mr. Chairman, we "For years the frankinO' privilege was an incubus on the Department and an will now have a vote on this proposition, obstacle to efficient postafreform. Its abolition, for which we are lar~ely indebted The CHAIRMAN. The question is on the amendment of the gen- to the resolution and wisdom of my predecessor, opens the way for otner measures tleman from Tennessee, [Mr. DIBRELL,] which the Clerk will report. which have yet to be inaugurated and pressed to a successful issue before the De- The amendment was again read. . partment can become self-sustaining. While I do not flatter myself that I shall be able to accomplish this most desirable end during the short period of my service, Mr. HOLMAN. I ask that the original proposition may be reported I "{>ropose to keep it steadily in view, and to direct my best efforts towartl its a t- to the committee. tainment. For the first time in the course of a life devoted a.cti vely t o business, I The Clerk again read section 14. find myself in charge of an establishment the expenditures of whicl.J.Im·gely exceed The q ueation being taken on Mr. DIBRELL'S amendment, there its receipts-a state of affairs which strikes with peculiar forco a mind more or less disciplined by that close inspection of accounts enforced in mercantile pursuits. I· were ayes Z1, noes not counted. In ordinary business affairs there is but one end to this condition of things-bank- So the amendment was not agreed to. ruptcy." Mr. HOAR. I move to add, after the fourteenth section, the fol- Now, gentlemen, ·w1th all these official statements and data before you, how lowing: stands the yearly deficiency of the Post-Office Department~ In 1869, $5,353,6:20.ti0 ; 1870, $3,969,383; 1871, $4J 749,000; 1872, t6,310,60'2 j 1873, $4,636,363 j 1874, $7,815,878 j Provided; That no stamped envelopes, news:paper-wrappers, or postal cards shall 1875, $13,181,602.19; and ror tb.e centennial year it is estimated a general increase be sold by the Post-Office Department at less-m addition to the legal postage-than of 20 per cent., which would make the deficiency $9,817,922.63. This, since the the cost, including all the salaries, clerk hire, and other expenses connected there- abolishment of the franking privilege in July, 1873, which was to save $5,000,000 with, and cost of transportation per pound, including wrappers and cases, at not per annum. less than the lowest avemge costperpouridof thesameasnamedin the letter of the If to this you add for the fiscal year 1876 the $5,000,000 (which was t{) have been Postmaster-General, in tabular form, under date of February 8, 1876, (Senate Mis- saved, but was not, by the abolition of the franking privilege) you have a total cellaneous Document 51, page 9,) and on all printed requests, stamped envel- prospective deficiency for tho fiscal year 1876 of 14,817,92;.!.63. opes, fifty cents per thousand or half thousand envelopes. Having thus shown you the annual deficit for several years past and the pro- I desire to have for a moment the attention of the committee to spective deficit for a) ear to come of nearly $10,000,000, it may be interesting at this point to make comparison of certain dat.a. The Postmaste1·-General's report in 1869 this very important proposition, and I hope I shall have the support estimated the cost of transportation of letters, &c., at $1.25 per pound and printed of both sides of the House, as I know already I shall have the sup- matter at sixteen cents per pound. In a letter to Postma.ster-General Jewell, port of many members both of the Committee on .Appropriations and which we have before us, a most complete and exhaustive treatment of this suiJ. of the Committee on the Post-Office and Post-Roads. ject-ruatter by Geor&e S. Bangs, esq., superintendent railway service Post-Office Department, we finu the cost of carrying first-class matter, namely, letters, &c., This amendment in substance prohibits the Postmaster-General $l.l3-937 per pouml, and the profit on this matter, 31.63 cents per pounu ; whil~ ou from selling stamped envelopes and newspaper-wrappers at a price second crass tho cost is 14.2t:l centll, a.nu on third class it is 20.07 cents pe1· pound. 1876. CONGRESSIONAL RECORD-HOUSE. 3139 Therefore it will not be consider6d unfair to take this last and most elaborate and The cost to transport this vaat amount. of merchandise and postal cards to post. detailed statement., published within a few weeks, for our basis of comparison, offices was, on 150,000~000 of em·elopes and newspaper-wrappers, averaging ten namely: Total profit, first class, $4,212,390.70; loss, second class, $6,993,023.91; loss, pounds to 1,000, packea in wooden boxes, estimatin~as perSuperintendentBangs's third class, $4,113,915.53. letter to Postmaster-General Jewell, December, 1875, on t.h e business for the fiscal Profit, (as above,) $4,212,390.70. Loss, (as above,) $11,106,939.44. year, on 1,500,000 pounds first-class matter, at $1.14 per pound . ......... $1,710,000 We have a. tariff to protect us from f01-eign comlletition ; while we have a Depart- On 107,500,000 postal cards, averaging 7 pounds to 1,000, 752,500 pounds ment of tho Government making war upoii us, w1th a deficiency of $10,000,000 per first-class matter, $1.14 per pound...... .. .. . . . . . .. .. . .. . . . .. . . • • . . • • . 857, 850 annum, a large part of which deficiency supplies the sinews of war for that purpose. Cost of above 107,500,000 postal cards at $1.39! per 1,000...... • • • • • ••. . . . 150, 500 We now propose to show you how a.1arge part of such deficit affects the business ----+- interests we represent. Total cost........................................................ 2. 718,350 1. That the stamped envelopes now manufactured by the Post-Office Department a.ro funrished exclusively for sale, and not for Government use. Total receipt-s to Post-Office Department for above..................... 5, 200,636 ~- That the manufacture anu sale of stamped envelopes, and the printing of ad· Cost t.o send to post-offices in bulk as abovo...... $2, 718, 350 dress cards on the same by the Government, without any charge therefor, is an un· Cost to distribute to the people, namely, 150,000,000 just and improper interference with your petitioners' business. envelopes and wrappers, 8 pounds to 1,000, $1.14 3. That the Government thereby becomes a powerful competitor against ull en· per pound . . . . . . .. . . • • . . . . . • • . .. . . . . . . . . . . . . . . . . 1, 368, 000 velope manufMturers, printers, lithographers, stationers, and over 50,000 dealers 107,500,000. postal cards, 6 pounds to 1,000, $1.14 per throughout the country, for business which should be conducted solely by private pound.......................................... 735,300 citizens and with private capital. - - - - 4, 821,650 4. That the Government, by soliciting orders for envelopes through ita 36,000 SPECIAL ITEMS. postmaatA>rs and carriers, comes upon the market as a retail dealer, offering to print Salaries, &c., strunp and postal agents of Post- address cards on them without charue, in direct competition with envelope DlllilU· Office Department................ . ....... . .... . 22,000 facturers, printers, stationers, and other dealers, none of whom can afford to print Extra compensation to New York and New Haven envelopes for their customers ~mtnitously. Railroad, for transportation. . . . .............. . 34,000 5. That the Government dehvers envelopes through the mails to all of its 36,000 Cost blanks, envelopes, &c., to Department, esti· post-offices without charge to the consumer, overburdening the mails by aelopes and newspaper wrappers; $1.40 per 1,000, cost of postal cards Postal cards............................................... 32,631 30,968 to the Post-Office Department; $1, per 1,000, as part cost of transportation. mak- ing a charge of f-!.40 per 1,000 for postal cards. (Why should Post·Office Depart- 136,929 127,881 ment give away postal cards when they sell envelopes~) Add 50 cents per 1,000, (or 1. Postmaster takes order, first blank. half thousand) to printed-request envelopes, to pay for extra. expense to Post-Office 2. Postmaster records order, first record-book. Department to print, receive, record, and transmit orders therefor. If the sugges: 3. Postmaster orders from W a.shington, second blank. tions above were made the law, the increaae of revenue to Post-Office Department, 4. Postmaster mails to Washington. based on the above estimates, would be for the fiscal year 1875, $525,315; namely, 5. Order received and recorded at Washington, second record·book. $1.6? P.er 1,000, on 150,000.000 envelopes and news~~per-~ppers would give $240,· 6. Ordered from contractors, third blank. 000, f2.40 per 1,000, on 107,500,000 postal cards, $258,000, 50 cents per 1,000 on 54,· 7. Order from contr:wtors recorded at Washington. third record·book. 631,000 printed request envelopes, '27,315; total increase of revenue, $525,315. 8. Order received by United States agent at Government envelope-factory. If the post-office appropriation bill is amended !P Mcorda.nce with tne above 9. Order recorded by United States agent, fourth record-book. suggestions, for the fiscal year of 1876, it will amount to (on 20 per cent. increase of 10. Ordered by United States ~ent of contractor, fourth blank. busmesa, as per Postmaster-General's estimate) t\630,378. 11. Received and recorded by united States agent. fifth record. book. Respectfully submitted by, 12. Mailed to postmaster by United States agent, sixth record-book. WILLIAM E. LOCKWOOD, Philadelphia, Pa., 13. Bill mailed to postmaster by United States agent, fifth blank. CYRUS WillTE, Rockville, Conn., 14. Receipt given as rep;istered matter, sixth blank. L. J. POWERS, Springfield, Mass., 15. Recorded by United States agent as mailed, seventh record-book. G. H. WHITCOMB, Worcester, Mass., 16. Statement sent to Washington by United States agent, seventh blank. C. H. LAMPORT, New York, 17. Charged at Washington to each postmaster, eightli record-book. WILLIAM IRVIN MARTIN, New York, 18. Receipt returned by each postmaster. Oonmittee appointed btJ convention held at 19. Amount credited to contractor, ninth record·book. .Astor HOUBe,New York, January 13, 1876. 20. Amount credited to United States agent, tenth record:book. Mr. HOLMAN. I desire to ask a question. This is a subject which 21. When paid by postmaster to credit to him, eighth blank. Requiring ten record-books, eight blanks, and clerical Jabor, to do a. business that was not considered very much by the Committee on Appropriations, pays the Post-Office Department nothing ; in f:wt, creates a deficiency, an absolute but it has been considered somewhat in the Committee on the Post- loss. Office and Post-Roads. We beg to. call your att.ention to a. few facts and figures on this subject. Mr. HOAR. Is that a question T Total receipts of the Post-Office Department from all sources for the fiscal year 1875, ~25,500,000; $5,200,636 of which was collected by t.h e use of- Mr. HOLMAN. Myquestionisthis: ThepolicyoftheGovernment 72, 285, 000 stamped envelopes, plain ....... ............................ $2, 046, 111 to encourage the use of stamped envelopes is against stamps. It is 54, 631,000 printed envelopes, request .................................. 1, 791 686 not a very important matter to the Government to introduce by every 22,850,000 stampetl newspaper-wrappers.............................. 286:679 107,500,000 postal cards................................................ 1, 076,160 *One dollar and sixty cents is the cost to transport third-class matter, as per Superintendent Bangs's estimate-say 8 pounds at 20 cents per pound for 1.000 en·' Total from the abo Yo four items ..•..• ; • • • . . . . • . . • .. • • .. • • • • . • • . . • $5, 200, 636 velopes. 3140 CONGRESSIONAL RECORD-HOUSE. MAY 17, method the use of envelopes instead of stamps f If I understand it, the washed stamps, with all the appliances and safeguards that can the Govenunent is losing heavily every year by the washing out of be devised against such frauds, amount to between one and two mill- stamps. ion dollars annually. Sir, that is the estimate as to the lo s of the Mr. HOAR. I understand that this matter was brougbt to the at- Department in this particular. Now, you cannot wash the stamp on tention of the Committee on Appropriations, and they were unable a stamped envelope. When the envelope is used, that is tho end of it. to give a. thorough consideration to it, and when the post-office ap- A~ain, under the postal code you cannot mail a letter with a stamp propriation bill was introduced I inquired of the gentleman from In- on 1t on any train except a railway post-office train, because only diana whether the failure to put this clause in the bill indicated the such trains are provided with the appliances for canceling thE\Stamps opinion of the committee and itsho stility to it. as required by law; but the moment you put a letter in a stamped The gentleman answered in the negative, but that under the pres- envelope you can mail it anywhere upon a post-route or a railroad. sure of time they had failed to consider the subject in full; and that Besides, the Government gets the net cost for these envelopes. the subject was then before the Committee on the Post-Office and True, it loses the transportation from the manufactory to the post- Post-Roads, and I underst::tDd that a considerable number of that offices throughout the country; but that is all it loses. It gets the committee are in favor of the amendment. Whether the majority are net cost for the envelopes; and where envelopes are sold by the sin- or not, I cannot say. I do not doubt that gentlemen on the committee gle package or retailed, it gets a little more than net cost. will ~:~ay how far it was gone. Mr. LAWRENCE. Does the Government lose the cost of trans- Now, in answer to the gentleman, it is true that it would be more portation? Is there really any additional cost by reason of the fact agreeable to the Department to substitute the use of stamped envel- .that these envelopes are carried in the mails t opes for the use of stamps, but it certainly cannot be for the inter- Mr. CANNON, of illinois. 0, no; this cost of $2,500,000 for trans- est of the American people to pay 2,700,000 a year to accomplish portation is figured np at fancy rates-at $1.14 a pound, I believe. that result. The gentleman has been cutting off many things in the The Government really does not lose anything upon the stamp en- Post-Office Department, and I say that although tbe Post-Office Depart- velopes unless it loses in their transportation from the manufactory ment may find certain things convenient, yet that in the condition of to the different offices; and this is more than made up by the encour- the Department at the present time, while we are making these reduc- agement of this first-class matter which pays a. profit and should be tions, to permit them to pay out of the pockets of the people the sum encouraged. Again, the printed retmn request on stamped envelopes of 2,700,000 a year to help to furnish these facilities to the busineBS is not only a matter of great convenience to the people, but I am told men of the country is not right, and especially it is not right to at the Department if it was not used upon those envelopes you would have their favorite manufactmers crushing out everybody else in the have to employ at least one hundred more clerks in the dead-letter business. office to dispose of the matter that would then accumulat-e. Now the committee will notice that my amendment provides for a I might talk longer about this ; but I am satisfied, from a careful single thing, that these envelopes shall not be furnished to the people investigation, that the legislation here proposed is not wise. It is at less than their cost to the Government. nothing more nor leBS than the protection of a special interest, namely, Mr. HOLMAN. What is the whole amount of saving to the Gov- the manufacture of envelopes; and I do not think that we want to ernment? protect any special interest at the expense of the people and at the Mr. HOAR. It is estimated in this statement, which comes to me expense of the Post-Office Department. from a somce which I highly respect, at 2,700,000. [Here the hammer fell.] Mr. HOLMAN. Has the gentleman examined the subject enough Mr. HOAR. I move to amend by striking out the last word. It to have a judgment of his own f seems to me that the reply to the whole argument of the gentleman Mr. HOAR. I cannot say that I am authorized to state as of my from Illinois is this : These :figmes are taken from the estimates in own knowledge as an expert that this statement is true, but it seems the Postmaster-General's reports; they are official. This amount of to be irrefragable and impregnable. It is based on the reports of the loBS to the Department-! say this in answer to the gent.l eman from Postmasters-General in the past. I have had a conversation in refer- Ohio, [Mr. LAWRENCE]-is an inference from the estimate of the ence to the matter with the last Postmaster-General, and it is not Postmaster-GeneraL denied that theso envelopes were furnished to the people at great Now, the amendment which I offer avoids carefully the objection loBS; and, in addition to that, two or three genglemen whose intelli- which has been made. It simply provides that the Postmaster-Gen- gence and business accmacy aBSnre me that they are correct, although eral shall not sell these articles at a loss. If, therefore, it is true that it is due in candor to the House to say that they are connected with they are not sold at a loss, the Postmaster-General is not in the least this envelope bu~:~iness-- hampered by the amendment. It simply says: ".As the PostmMter- [Here the hammer fell.] General's reports show that 2,700,000 is lost to the Government by · The CHAIRMAN. The Chair would suo-gest to the gentleman from furnishing this particular facility to busineBS men, you shall hereaf- Massachusetts that his amendment would be more proper as an addi- ter afford it at what it costs, taking your own estimate of tho cost." tional section. It is said that this amendment is in the interest of a monopoly. Mr. HOAR. The Chair will pardon me. I offer it as an additional How absurd to say that an amendment which provides that the Gov- section, but as the fifteenth section of the bill repeals all acts and ernment shall not go to a particular manufacturer of envelopes and parts of acts inconsistent with this, it should come in as an additional pay him out of the Treasury 2,700,000 more than you can sell the arti- section at this point. cles for is encouraging a monopoly! On the contrary, this strikes at Mr. FORT. Does the gentleman mean to say that the Government a monopoly. The complaint which men engaged in the general en- loses over $2,000,000 by furnishing these envelopes 1 velope business make is that, under the existing pra.ctice, t.he Govern- Mr. HOAR. I so understand it. ment is giving to one of their rivals the power to crush them all out Mr. CANNON, of Illinois. I desire to say, as a member of the Com- by paying him for these articles $2,700,000 more than the Government mittee on the Post-Office and Post-Roads, that this matter was brought realizes from them. to their attention two weeks ago, as I now recollect, and was referred Mr. CANNON, of illinois. Is it not true that the contract for mak- to a subcommittee which has not yet reported. From an investiga- ing the envelopes and postal-cards is open to competition by every- tion that I made in a former Congress I may say that I have a very body 7 Cannot all these gentlemen engaged in the manufacture pot decidecl opinion about the proposed amendment. Gentlemen will in bidsf bear in mind that the whole envelope business was built up by the Mr. HOAR. I say very frankly that I am not able to answer tl1at Post-Office Department. Formerly there was a fnll mte of postage question. This is a question I have heard pot a great many times chargecl upon letters and also a full rate upon every envelope and in- about Government contracts; and the answer is always in the affirma- closure ; but a good many years ago, I think in 1850 or about that tive; yet, somehow or other, Government contracts ever since the time, the law was amended so as to carry a letter for one rate of days of George Washington have gone in certain directions; and all postage weighing one-half ounce, without reference to the envelope the legislation we can devise does not prevent it. or the number of inclosures it contained, and then for the first time But let me repeat-and I call t.he attention of tho committee to the envelope was introduced and the business of envelope manufac- the statement-we do not propose to prohibit the Postmaster-Gen- turing grew up. eral from doing what be does now in regard to contracting with Now, I do not think this legislation is wise, for several reasons, and the lowest bidder. We merely propose to say to him, "You shall not principally as to the postal revenues. sell these things to business men for less than they cost the Treas- .Mr. HOAR. I desire to a-sk the gentleman one question. Does not ury." We do not go into any detail. We do not give any man any the furnishing of these envelopes cost the Government $2,700,000 or improper advantage in the contract, or prohibit any man from having thereabouts t any proper advantage. We simply say by law that tht} Post-Office Mr. CANNON, of illinois. If the gentleman will allow me, before Department shall sell these things for what it has to pa.y for them. I get through I will answer him. Take the postal cards alone. The The amendment of Mr. HOAR was again read. pamphlet to which the gentleman from Massachusetts has referred is Mr. HOAR. I will modify my amendment by striking out "postal directed, not only against the stamped envelopes but against postal cards." cards. A thousand of those cards cost the Government manufactured The CHAIRMAN. Does the gentleman withdraw his formal amend- 1.40, and yet there is great profit in selling them at 10, notwithstand- ment. ing that the Government pays for making them. :Mr. HOAR. I do. If you could have twenty times more postal cards than you have, Mr. GARFIELD. Perhaps that will answer the purpose I have in you would not have any deficiency at all of the re>enues of the De- view. I wish to say this: The theory of the po tal-card service is partment. The gentleman from Indiana made an argument which that the citizen should be afforded a card upon which limited corre- alone would be conclusive against this amendment. He stated that spondence may be carried on at one cent. If the amendment of the ' 1H76. CONGRESSIONAL RECORD-·HOUSE. 3141 gentleman from Ma.ssachusetts goes to the extent of saying these for the use of every post-office in the United Stat.es a. post-mark and canceling postal-cards shall not bo sold for less than one cost with tho charge stamp and a uniform canceling ink of an inerasible character," and requesting my opinion of the same. of post::~go, then it will follow that we will raise the postage on Section 175 of the postal code of 1873 enacts "that postage-stamps affixed to all postal cards from one cent to one cent and the fraction of a cent to mail ma~er, or the stamped envelopes in which tho same is inclosed "~l?n deposit~d the extent of the cost of the card itself. I take it my friend does not for mailmg or delivery, shall be defaced by the postmaster at tho mailmg office m mean to say what he does say if his amendment stands as at first such manner as tho Postmaster-General may direct;" ~ * * and the post.otllco appropriation bills contain an item for the purchase of "post-marking and cancel- written, for it raises the postage, as I have stated, on the postal card ing stamps." It would therefore appear that the Postma.ster-Gonoral has all tho from one cent to one cent and, say, one-fifth of a cent. It would be authority sought to be confeiTed by this bill difficult to manage postage of that kind. We could not make change. With reference to the manner in which the Department exercises its discretion We must have it fixed at one cent or two cents; we cannot have the in the matter, all post-offices yielding a revenue of 650 and npwarll aro suppliecl with post-marking and cance~ instruments; and section 404 of the postal regu- fraction of a. cent in our postage. lations requires that at such offices the cancellation shall be effected with black Again I wish to say to the gentleman from Massachusetts that if printing-ink, and at other offices with a. pen dipped in good black writing-fluid. his amendment applies to stampe(l envelopes there I think he is only For more than a year pa.st the Department has devoted a lar~ro share of attention right. If we are paying a sum for the manufacture of stamped en- to the examination' of mechanical devices and so-called indelible inks intended for the better cancellation of stamps; but the result.s have not been sufficiently satis- velopes greater by any amount whatever than we get for them when factory to induce me at this time to ask any legislation upon th~ s~bject. .I must we sell them as envelopes that ought to be corrected. If he alleges, therefore respectfully decline~ r. eco';llm'?nd the pa~~$e of tJ:le b1ll m q':lestion ..It with ground for believing it is so-l know, of course, he believes what mi"'ht be urgerl, also, as a senous ob,JootiOn to the bill, that 1t appropnate~ an m- defi'nite amount ~f money to enable the Postma<~ter-General to caiTy out 1ts pro- he says-but if be has any facts which justify our action in that re- visions. gard I am with him heartily and wholly that we ought not to go into In answer to the inquiry in the lMt paragraph of your lett-er, I am most emphat- tho market as a manufacturing corporation as it were, "cutting un- ically in favor of continuing the manufactmeaml sale of stamped envelopes. These der" private individuals engaged in the same manufacture. I wish public envelopes, by their convenience and utility, have so commended themselves to tho and the Department that their discontinuance would justly be regardorl as to say if the statistics he has ~iven, which were startling to me, are a long stride backward in the march of postal progress. In my judgment the effort found to be true, leaving out' postal ca;rds," if they are true as to of lo!nslation should be rather to encourage than to prevent the use of stamped en- stamped envelopes or in reference to anything furnished by the Post- velopes, so indispensable have they come to be regarded by the public and so great Office Department, then I am with him. are their advantages in every point of view over adhesive posta.ge-stamps. One advantage is suggested by the bill referred to above, which aims to correct an .Mr. HOAR. I was led to strike out "postal cards" because I saw abuse in the re-use of postage-stamps, an abuse which manifestly cannot exist in myself the ddfficulty of having for postal cards tho price of tb cent and the case of stamped envelopes. the fraction of a cont. It did not occur to me when I offered my Herewit,h bill H. R. No. 2945 is returned. amendment. As it now stands I think it is a good one. I have the honor to be, very respectfully, your obedient servant, MARSHALL JEWELL, Mr. HARRISON. Allow me to make a suO'gestion. Postmaster- General. Mr. HOAR. I am speakinf; in the time of the gentleman from Ohio. Hon. A. M. WADDELL, • In regard to the other proposition it makes no difference. The amend- OhairmanBubcommittee PosfrOf!i,ceand Post-Roads, ment is they shall not sell for less than cost. !rouse of Representatives. Mr. HARRISON. I suggest to the gentleman from Massachusetts Mr. HOLMAN. I ask that debate shall now close on this paragraph. if he proposes to add to the cost of the envelopes their transportation, Mr. FOSTER. I desire just a moment. then envelopes printed· in Washington will cost persons a certain The CHAIRMAN. Is there objection to the proposition of the gen- amount, while to persons far o::ffin the country to whom they will have tleman from Indiana. that debate shall close on the pending section¥ to be carried, they will cost a different price, as the cost of the car- Objection wa-s made. riage will have to be added. Mr. HOLMAN. I will agree that five minutes shall be allowed, if Mr. HOAR. I do not so understand it. that would satisfy the gentleman from Ohio, [:Mr. FOSTER,] other- Mr. HARRISON. Does not that necessarily follow f wise I must move that the committee rise that I may ask the House Mr. HOAR. I understand the Post-Office Department will take the to close debate on the pending section. aggregate or average oost. The CHAIRMAN. Is there objection to the proposition that debate .Mr. HARRISON. Is it proposed to have it at the average cost f shall close in five minutes i Mr. GARFIELD. By leaving out postal-cards we get at what is There wa-s no objection. proposed. Mr. FOSTER. I want to call the attention of the House to the fact Mr. HOLMAN. Read the amendment again. that in this very large saving proposed here the rate of transportation The amendment was again read. on this mail matter is 1.14 per pound. I think my friend from :Mas- Mr. HARRISON. I suggest to the gentleman from Massachusetts sachusetts has put the cost of uansportation pretty high. I think in to strike out the cost of uansportation, because it docs strike me that freight-cars this matter might be transported for a half cent per pound, will make it exceedingly difficult to get at the average cost; besides, and it would amount to a small item. But it is put in hero at $1.14 it is not fair . per pound. There might be a large saving to the Government on .l\lr. HOAR. I am authorized to state that the chairman of the sub- this item. committee of the Committee on the Post-Office and Post-Roads, if he Mr. HOAR. My answer to the proposition of the gentleman from had been present in the House, would have moved tho amendment Ohio is that this amendment only directs the Postmaster-General to himself. sell these things at the actual cost, and no less. Now, if the aetual Mr. WAD DELL. I would have offered this amendment myself if I cost is 1.14 a pound, then that is put in to make up the average. If had been here. I am chairman of the subcommittee on the Commit- it is a tenth of that,·he adds only a tenth. He being in favor of the tee on the Post-Office and Post-Roads which had this subject under system will make the cost as low as he possibly can cipher it down to. consideration. We considered it quite fully. I have a communica- All this we leave to him. We only say he shall charge the actual cost. tion from the Postmaster-General on the subject, which we also con- Now as to the desirability of using stamped envelopes, I agree to sidered. that. But stamped envelopes are for the convenience of a class of 1\fr. HOLMAN. Inasmuch as we have no statement from the Post- persons who will buy and pay for them w~other you .a~d a mill or ~ve Office Department on the subject, I tru~t. the gentleman from North mills to the cost of the envelopes. That Is, the adclit1on to the pnpe Carolina will leave that out. While he is getting the letter, I of these things of the ootual cost will not very largely diminish thoi:r suggest" traUBportation" should be stricken out. This is a question sale, because they are purchased by a cla.ss of persons to whom a which concerns the Government. It is true tho Government should slight change of price is a matter of indifference. But the burden not be allowed to enter into private enterprise, thus coming into con- now existing comes upon the whole body of the people, and to main- flict with the enterprise of private individuals of whatever pertains tain this convenience to the merchants and business men of this coun- to the Post-Office Department, and its various economies must be con- try, there must be hundreds of post-offices refused in the West, in sidered to concern the Government, no matter what other interests are Texa.s, in the South, and all ~vor the country. When you apply, as affected thereby. the gentleman from Kentucky did, to the :Postmaster-General to ex- Mr. HOAR. The gentleman does not take the ground this House tend postal facilities to your people, or revive those discontinued dur- is not to be tho judge after we get to the end of the bill. I do not ing or since the war, the Postmaster-General will reply, ''I am using wish to misunderstand his objection. up $2,000,000 of the rev-enue of tho Department in furnishing these Mr. HOLMAN. Congress is the only judge of what is proper, but things at less than cost to these wealthy business men ; therefore you of course it must listen attentively to the views of the Postmaster- cannot have your postal facilities." General on such a subject. It seems to me whatever does not enter Mr. HOLMAN. I ask that the amendment of the gentleman from into the cost of these envelopes ought not to be included; and trans- Ma.ssachnsetts may be again read. portation does not. The amendment was again read. Mr. CLARK, of Missouri. Transportation does. Mr. HOLMAN. I move to amend the amendment by striking out .Mr. HOLMAN. Under our postal system, the cost to the Govern- the words: ment is almost unappreciable, and there is no rea.son for taking it into And cost of transportation per pound, including wrappers and cases, at not less the account. I ask that portion of the gentleman's amendment be than the lowest avera"'e cost per pound of the same as named in the letter of the omitted. I make the motion to strike it out. Postmaster-General iff a. tabulated form under date of February 8, 1876. (Senate Mr. WADDELL. I now ask the Clerk to read the letter. Miscellaneous Document No. 51, page 9.) The Clerk read as follows: Mr. CANNON, of illinois. I desire to suggest an additional amend- POST-OFFICE DEP ARTlffiNT, ment to tho gentleman from Indiana. . WMhinyton, D. 0., April18, I876. Tho CHAIRMAN. All debate has been closed on the pendmg sec- Sm: I have the honor to acknowledge the receipt of your letter of the nth in- tion, and that is in tho nature of discussion. stant, inclosin~ I.Jill (H. R. No. 2945) requiring the Postmaster-General "to procure Mr. CANNON, o.f Illinois. I merely wish to ask a question. Tho 3142 CONGRESSIONAL RECORD-HOUSE. MAY 17, gentleman from Indiana proposes in that amendment to allow the a minimum rate, and that the present onerous and prohibitory charges, which have charge of fifty cents per thousand or half thousand printed request- proved a serious drawback to the business of the country, shall be removed. Thirdly. We hold that if your honorable body will obtain all the facts relating .stamped envelopes to remain. to the weight and cost of transportation of each class of mail matter it. will be :?\1r. HOLMAN. I do not propose to strike that out. manifest tnat no part of the deficit of the postal service was caused by the trans- )lr. CANNON, of illinois. I desire t-o call the gentleman's attention portation of printed matter of the third class at 1 cent per 2 ounces, wli u that rate to this fact- obtained. A tabular statement submitted by the Postmaster-General to the Com- mittee of your honorable body on Post-Offices and Post-Roads, under date of Feb- Mr. HOAR. I object to debate. ruary 8, 18'76, shows the average distanco to which all matter of the third cla.ss was Mr. CANNON, of illinois. I will make my statement in this way. conveyed was 813! miles, and the average weight of each piece was only 3 ounces. If you quit sel~_~tbose printed-request stamped envelopes-- We have no reason to doubt the accuracy of this part of the statement, bnt we The CHAIR . Debate is not in order. know that the average distance which books, especially those of an educational character, are conveyed is less than half the distance. Indeed, the averarre ac- The question being taken on Mr. HouiAN's amendment, it waa cording to the best of our judgment~ will not exceed 400 miles, and the parcel', as agreed to. a rule, contain only a. single copy, and therefore are in no way burdensome to the Mr. CANNON, of illinois. I now move to amend the amendment Department. Add to this the signific-ant fact that express charges fm the average by striking out these words: distance to which educational works are sent would not exceed 3 cents per pound, and-we are brought to the conclusion that the price proposed in the bill is far in On all printed-request stamped envelopes, fifty cents per thousand or half-thou- excess of cost of service. sand envelopes. Fourthly. We urge that so far as re~ards the revenue to the Government a·re- currence to the old rate of postage on the class Of matter now under consideration If this be adopted, the Postmaster-General will have to employ fifty would be more productive t.han under the present rate ; and this for a twofold additional clerks in the Dead-Letter Office. reason : First, the large positive diminution of mailage in this class of matter by the existin~ onerous charge and, secondly, the diversion into oth e~ The question being taken on the amendment of Mr. CANNON, of illi- caused channels of transportation of a large volume of printed matter, the carrying of all nois, there were-ayes 57, noes 40. of which would be profitable to the Postal Department. So (further count not being demanded) the amendment waa agreed Fifthly. We respectfully call your att~ntion to the following strana-o anomaly to. resulting from the action of the proposed law in connection with the exiSting post:i.l treaty with foreign countries. Under our postal an-ang(lment with Canada-, the Mr. HOAR's amendment, as amended, was agreed to. U~aillan citizen can have his circulars and catalorrnes carried to any part of the Mr. CLARK, of Missouri. I offer the following as an additional Umted States at the rate of 1 cent per 4 onnces1 or 4 cents per pound, while his section. American competitor, u~der _your proposed bill, nas to pay 1 cent per ounce, or 16 The Clerk read as follows: cents per pound. If this bill becomes a law, thon the Canadian publisher may issue a non-copyright book in competition with the American pubbsher and the That all mailable matter of the third class, referred to in sections 38'78 and 3911 American Government not only allows this foreign competitor to rea.ch the Ameri- of the Revised Statutes of the United States, may weigh not exceeding four pounds can market with his advertisements at a less rate, but even ponnits these books for each package thereof; and postage shall be charged thereon at tlie rate of one of this foreign competitor to reach the consumer in the United States at one-fourth cent for each two ounces or fraction thereof; that all a.cts and ~art.s of acts incon- the charge that it makes to its own citizens. The only way for the American sistent with this act are hereby repealed; bnt, nothing herein contained shall be citizen to compete with this rival across the border is by sending his catalogues held to change or amend section 3879 of said Revised Statutes. an~ ~ther mailable packages t~ the nearest Canadian post and custom office, and maJling them from there. It IS not to be doubted, however, that by the restoration Mr. STOWELL. I raise the point of order on that amendment. of the old rate, though there would still be inducement to take this course the Mr. CLARK, of Missouri. The House suspended the rules, and temptation to do so would be substantially removed. ' made the amendment in order. · In conclusion, we be17 leave to state that in making our petition to your honor- able body, we do not ask any legislation specially favorable to our calling; but we This subject has been debated frequently in the House in an ex- do urge that the proposed rates are exorbitant for transportation of printed matter haustive and elaborate manner ; and I only deem it necessary to state of the third class; that they will prove injurious to tho busine s interests of the that this amendment fixes the rate of postage on third-class matter country; that they will oppose what they should aid, to wit, the better education as described in section 3878 of the Revised Statutes at one cent for of the poople, and, finally, that they will not give yon the increase in the revenue which you desire. For these reasons we pray for a return to the former mte of two ounces, and that the Committee on the Post-Office and Post- postage, to wit: 1 cent for each 2 ounces or fraction thereof. Roads are unanimous in their recommendation that this amendment be adopted. I will also state further that this is a precise copy of a Mr. STOWELL. I trust this amendment will not be adopted. bill that passed this House some three months ago in relation to this This subject has been considered by the H01_1se and the House has subject. I suppose that it is not necessary to discuss the subject at all. passed a bill in reference to it and sent it to the Senate. The Senate Mr. STOWE.LL. I desire to raise a question of order on this amend- have also considered the subject and made an amendment to the lJill, ment, and it is that it is not germane to the subject-matter and that and I 1mderstand that the bill is now in a committee of conference, it changes existing law. or if not, it is upon the Speaker's table. That bill regulated this Mr. RANDALL. The rules were suspended to allow it to be offered. whole question of postage on third-class matter. The subject having Mr. CLARK, of Missouri. I moved on a Monday to suspend the rules received the consideration of both Houses of Congress, and a bill hav- to make this amendment in order, and the rules were suspended. I ing been pa-ssed, it ought not to be tacked to an appropriation bill. suppose therefore that the point of order does not apply to this case. So far as the Committee on the Post-Office and Post-Roads is con- 'fhe CHAIRMAN. The Chair is informed b:v the Clerk that on a cerned, I think the gentleman from Missoill'i [Mr. CLARK] is mistaken Monday the rules were suspended to enable the gentleman from Mis- in sa.yincr that they were unanimous. souri to offer this amendment in the Committee of the Whole. A Mr. CLARK, of ftlissonri. I beg to correct that statement. The suspension of the rules is a suspension of all rules that are in~he gentleman from Virginia has been absent so often of late that I bad way of the committee doing what they desire to do. forgotten that he was opposed to the bill. Mr. LAWRENCE. The subject has been so fully discussed that it Mr. STOWELL. This subject has been considered in the first place is unnecessary to further debate it now. by the House. The House, as I have said, passed the bill and sent it I desire to put in the REcoRD an extract from a petition of New to the Senate. The Senate have made an amendment in one particu- York book-publishers which refers to the Senate postal bill under lar only, and the bill is now either on the Speaker's table or in a con- consideration in that body in April last. The extract is pertinent to ference committee, one or the other. I think we should not endeaYor the amendment now submitted and shows the propriety of it. It is to force legislation in this way through the means of an appropria,- as follows: tion bill. Mr. RANDALL, I should not have said a word upon this question Our objection to the bill is the excessive rate to which it subjects the iransporta- if the gentleman from Virginla had not said that it was improper to tiou of books and other printed matter not issued at stated intervals ; and our prayer is for restoration of t.be old rate, namely, one cent per two ounces or fraction there- connect this provision with an appropriation bill. Now, be must re- o_f. In support of this petition, we would offer briefly the following considera- member that the two sectious which we proposed to restore were tions: abrogated on au appropriation bill and it was done without the con- First. The assumption by the Government of the bnsin688 of ca.rrying letters sideration or approval of the House, without any discussion or with- and print-ed matter is founded upon the theory that it is to the interest of the Gov- out the knowledge of one in twenty of the members of the House. ernment to facilitate communication among the poople, and thereby the spread of intelligence. This point is strongly urged; and has, we believe, been considered Mr. STOWELL. The very fact that these sections were originally convincing in determining the question of postage on newspapers. If it is convinc- passed on an appropriation bill without the opportunity of a consid- ing in that class of printed matter, how much stronger is it with respect to books, eration or discussion is the very reason why we should not agree to the most potent and permanent of all intellectual agencies~ And this argnment acquires additional force from the fact that of all the books published in tho United this proposition now. States three-fourths are of an educational character. If the dissemination of Mr. RANDALL. We are remedying a.greatwrong,notin the man- knowledge is any part of the duty of the Government, surely this class of matter ner snggested by the gentleman from Virginia, but after full dis- deserves Its first consideration. Thousands of educational works are sent out an- cussion and a.fter the deliberate judgment of the House, which has nually without charge, to teachers, school boards, and otherst. for examination. This 1s a necessary step in the introduction of educational worKS, and has led to been clearly reached. And I say to the gentleman here tha.t unless that active competition among authors and publishers which has produced the su- we put this provision in an appropriation bill the infamy perpetrated perior school literature of to-day, as compared with that of former times. We ur~e. by the last Congress in an appropriation bill cannot be made null and then, that the same enli~htened mo~ve which induces both the national and the void. The interests at stake are enormous. There are gentlemen in State governments to favor universal education may with conspicuous consist- ency extend to such legislation as sba.U facilitate rather than obstruct the distrilm- this city representing the envelope interest, some of whom hav~ tion of text-books, which are the necessary apparatus of popular instruction. In spoken to fue and appealed to me in reference to this matter. They this connection we would state, also, that all books cannot be purchased at every are here, and unless we take this proposition right by the throat and crosR-roads store, as can articles of merchandise, and the residents of those isolated force it into the bill, the result will be that the express companies localities are justified in expectincr the Government to carry to them articles es- sential t-o their education and whicii they cannot in any other way readily obtain. will again force through Congress provisions in their interest. Secondly. As regards other print~d matter not issued at stated intervals, as cir- Mr. EAMES. I o:fler the following amendment, to be added to that c~ars, catalogues, &c., it is susceptible of abundant proof that the distribution of of the gentleman from Missouri, [Mr. CLARK:] th1s class of matter not only improves the ti-ade of the country, but likewise ma- terially increa es written corre!!pondence, the carrying of which is admittedly pro- And on and after the 1st day of July, 1876, the posta"'e on letters to anll from fitable to the Governmont. Tbere is, therefore, every reason tledved from con- any place in tho United State.<>, exceptmg local aud drop letters, shall be charged siderations of the public good why the carriage of such matter should be placed at at the uniform rato of two cents for each half an ounce or fraction thereof. 1876. CONGRESSIONAL RECORD-HOUSE. 3143 Mr. Chairman, since the adoption of the postal service great changes Mr. HOLMAN. I yield the remainder of my time to the gentleman have been made in the postage on letters. The first law fixed that from Rhode Island, [Mr. EAMES.] posta,:;e at from six to twenty-five cents, and was based upon dis- Mr. EAMES. I do not desire, Mr. Chairman, to detain the commit- tance. In 1845 a change was made to five cents under and ten cents tee any length of time, but I have one or two remarks that I desire over three hundred miles, and from time to time since the rate has to make. This deficiency which has existed in the Postal Depart- been reduced on letter postage, and in the year 1863 the rate was ment for ten years or more has originated entirely from the second fixed at three cents for each half ounce or fraction thereof without and third cla-ss mail matter. The deficien(ly in the second class has regard to distance. been something like $4,000,000 a year, and the deficiency in the third It is thirteen years since any change has been made, and my propo- class about $6,000,000 a year, while the excess upon letter postage has sition now is to reduce the postage on letters to the l)Oint.where it been something like $4,000,000 for years past. has been in England since 1840; that is, to the uniform rate of The reduction of letter postage proposed by this amendment has two cents. Under the law of March 3, 1845, the postage was fixed been already commenced by the introduction of the postal card. In at five cents under and at ten cents over three hundred miles. The the last year postal cards to the number of 107,000,000 have been dis- receipts in 1844 were $4,237,287.88 and the expenditures were during posed of at one cent eaeh, and I can see no good or substantial reason the same year $4,296,512.70. In 1845: after the passage of the act to why a postal card should be passed through the mails for a cent and which I have referred, the receipts were $4,~,841.80 and the expend- the postage on a letter of a half ounce or less shou.ld be three cents. itures $4,320,731.99. On the 3d of March, 1851, the postage on let- It costs no more to carry the one than the other. ters was ·fixed at three cents, prepaid, and five cents, unpaid. The The effect of this amendment, I think, will be to reduce the num- receipts in the year 1850 were $5,499,984.86 and the expenditures ber of postal cards and increa-se the number of letters at double the $5,21~,953.43. postage of the postal card, and thus rather reduce than increase the In 1851 the receipts were $6,410,604.33 and the expenditures were present deficiency in the postal service. $6,278,401.~8. This shows that the deficiency in the postal service I want to say further to the committee that this is no party meas- was less than it had been before this reduction was made. In 1855 ure. It has been proposed in the.conventions of both political par- the rate established was three cents under and ten cents over three ties in years past, and bills of the same tenor, some of them proposing thousand miles prepaid ; and in 1854 the receipts were $6,255,586.22 the reduction to one cent and some to two cents, have been introduced anu the expenditures were $8,577 424.12. In 1855 the receipts were hel'e by members on both sides of the House. It is a measure in the $6,642,136.1:3 and the expenditures $9,968,342.29, showing an increased interests of the people. It is one of the measures that the people deficiency under the act of March 3, 1855. will approve, and its benefits will reach every hearth and home The act of March 3, 1~63, fixed the rate of letter postage prepaid at throughout the broad expanse of the Republic. three cents for each half ounce or fraction thereof, without regard to Mr. STOWELL. I want to say that, as the gentleman from Rhode distance, and this rate has continued to the present time. The re- Island [Mr. EAMEs] ha-s just said, there is a revenue from first-class ceipts in 1862 were 8,299,820.90 and the expenditures $11,125,364.13. mail matter of 9,000,000, while there is a deficit in the second-class In 1863 the receipts were $11,163,789.59 and the expenditures $11,314,- mail matter of $<1,000,000, and a deficit in the third-class mail matter 296.84. In 1864 the receipts were $12,438,253.78 and the expenditures of 6,000,000. This amendment proposes to reduce the postage on $12,644, 786.20-showing in these years, as also in 1865, that the receipts third-class mail matter from one cent an ounce to half a cent. A bill were nearly equal to the expenses of the service. Since 1865 under this has already passed the House having the same object in view aa this law the receipts have increased from about $14,000,000 to $27,000,000 amendment, to reduce the postage on tih:ircl-class mail matter from and the deficieDcy bas been from about $4,000,000 to $6,000,000. one cent to a half cent an ounce; but that class of matter which Now, ¥1'· Chairman, these figures, I think, indicate that the reduc- comes uncler the head of merchandise, and which does not properly tion of postage has been attended by a large increase of the revenue, apply to the mails, is left at one cent. 'fhat bill is now upon the Speak- and, although the ex:pen es have also increased by extending the postal er's table ready to be acted on at any time, and it seems to me that it service, the deficiency has been but slightly increased. wonlcl be better for the House to act on that bill inst-ead of forcing In 1837, from a statement which I think is reliable, the number of le~is1ation through an appropriation bill. letters carried through the mails in England was t!2,000,000. The The question was taken on Mr. EAMEs's amendment, and it was penny postage in that cc;mntry went into opern.tion in 1840, and in not agreed to. 1859 the number of letrers increased to 545,000,000. Mr. TOWNSEND, of Pennsylvania. I offer the following amend- The postal revenue in England in li:l35 was about $8,000,000, and in ment to the amemlment of the gentleman from Missouri, [Mr. CLARK,] 1859 was $15,000,000, an amount in excess of the postal expenses. to be inserted in the proper place: In this country the result of reducing postage bas been followed .And that all annual reports of universities, colleges, and other institutions, and with a like result in increasing the postalrevenues, and the deficiency annual catalogues, shall be deemed third-class matter. between receipts and expenses has not been much increased. That class of matter has been considered first-cla-ss matter hereto- Even if the deficiency has increased, it is no reason why the reduc- fore and charged at a higher rate. tion should not be made. The rates of postage on lettelS, as now es- ¥r· LAWRENCE. That amendment is right, and I think there can tablished, operate unequally and unjustly. be no objection to it. . A .letter that is carried a distance of a mile pays three cents, and a The amendment to the amendment was agreed to; there being on letter that is transported across the continued pays only three cents. In a division ayes 99, noes not counted. only seven of the States are the postal receipts in excess of the ex- The amendment of Mr. CLARK, of Missouri, as amended, was then penses incurred. In all of the other States the expenses exceed the agreed to. postal receipts. , The Clerk read the last section of the bill, as follows : The deficiency in the postal service if paid from the Treasury will That all acts or parts of acts in conflict with the provisions of this act are hereby be a more just and equitable distribution of the expenses of the repealed. . postal service than the rates of postage now required under existing Mr. HOLMAN. I ask unanimous consent of the committee to go laws. back to page 2, line 36, of this bill, for the purpose of moving an in- [Here the hammer fell.] creaaed appropriation for letter-carriers. Mr. HOLMAN. I ask unanimous consent that the debate close. There was no objection. Objection was made. Mr. HOLMAN. I move in lines 36 and 37 to strike out " 1,650,000" Mr. HOLMAN. Then I move that the committee rise. and to insert "$1,800,000;" so that it will read: The motion was agreed to. :For payments w letter-carriers, $1,800,000. The committee accordingly rose; and the Speaker pro tempore hav- ing taken the chair, Mr. SPnLL~GER reported that the Committee of Mr. LAWRENCE. If the gentleman from Indiana [Mr. HOLMAN] the Whole on the state of the Union had had under consideration the says that· is right, we will all agree to it. · bill (H. R. No. 3263) making appropriations for the service of the Mr. FOSTER. I wish to call the attention of the gentleman from Post-Office Department for the fiscal year ending June 30, 1877, and Indiana to the fact that it cost this year 2,000,000 to perform this for other purposes, and had come to no resolution thereon. service, and the service is not lessened in any way by this bill. Those Mr. HOLMAN. I move that the Hou8e resolve itself into Commit- who perform this service now get very small pa,y, and I do not think tee of the Whole on the state of the Union on the post-office appro- the gentleman can afford to propose any reduction of that compensa- priation bill, and pending that tliotion I move that all debate upon tion. I want to know how the gentleman proposes to run this serv- the paragraph now before the committee close in one minute. ice for 250,000 less next year than this year. .Mr. EAMES. I hope the gentleman will amend that motion so as Mr. HOLMAN. I have an amendment, which I will offer after the to make the time five minutes. pending amendment is adopted, which I think will meet the point. Mr. HOLMAN. I will modify my motion in that way. The amendment was agreed to. - The motion, as modified, was agreed to. Mr. HOLMAN. I move to further amend the paragraph by adding The question was then taken upon the motion that the House re· the following : solve itself into Committee of the Whole on the state of the Union; It shall be the duty of the Postmaster.General to carefully inquire into the num- and it was agreed to. ber of carriers employed in the several cities where the free delivery of mail-mat- ter is established, and to reduce the number of carriers and the number of deliveries The Honse accordingly resolved itself into Committee of the Whole of the mail by such carriers, for each day, to the reasonable requirements of the on the state of the Union, (1\Ir. SPRINGER in the chair,) and resumed service. the consideration of the bill (H. R. No. 3263) making appropriations It will be seen on examining the report of the Postmaster-Geneml, for the service of the Post-Office Department for the fiscal year ending on pages 206-9, that there should be a very careful revision of this June 30, 1877, and for other pnrpostjS. branch of the service. It is believed that if that revision is made 3144 CONGRESSIONAL RECORD-HOUSE. MAY 17, the estimate of the Committee on Appropriations, $1,800,000, will be Mr. HOLMAN moved to reconsider the vote by which the bill was found to be sufficient. passed; and also moved that the motion to reconsider be laid on the The question was taken upon the amendment; and upon a division table. there were-ayes 70, noes 28. The latter motion was agreed to. No further count being demanded, the amendment was declared to HOMESTEAD ENTRIES IN MICHIGAN. be adopted. Mr. HOLMAN. I now ask unanimous consent to go back to section Mr. HUBBELL. I ask unanimous consent that the bill (H. R. No. 2 of this bill, the section ·appropriating for deficiencies in the Post- 3136) extending the time within which homestead entries upon cer- Office Department. tain lands in Michigan may be made be taken from the Speaker's There was no objection. table in order that a verbal amendment of the Senate may be con- Mr. HOLMAN. The deficiency originally reported in this bill was curred in. $2,680,906. The Committee of the Whole have added $1,100,000 for There being no objection, the amendment of the Senate to strike transportation, $300,000 for postmasters and $150,000 for carriers, mak- out "section 101" and insert "section 1 " was read and concurred in. ing the whole amount of defi.ciences $4,230,906. I move to amend sec- 1\IISSISSIPPI LEVEES. tion 2 by striking out " $2,680,906" and inserting "$4,230,906." I desire to state that the total appropriations by this bill, as amended, Mr. ELLIS. I aBk unanimous consent that the bill (H. R. No. 3430) are not materially less than the appropriations made by the last Congress to repair and rebuild the levees of the Mississippi River, to reclaim for the Post-Office Department for the present fiscal year. The defi- the alluvial lands thereof, to improve its navigation, and promote ciency for the present fiscal year was estimated at $6,852,705, and for and protect its commerce, which was made a special order for to-day, the next fiscal year the appropriation for deficiency will be $4,230,906. be made a special order foT Wednesday next, the 24th tnstant, after The reduction by this bill from the appropriations for the present fis- the morning boor, and from day to day until disposed of. cal year is only about $2,520,000. Therefore the apprehension of gentle- Mr. RANDALL. Subject to the priority of general appropriation men that there was to be a greater reduction by this bill than the public bills. service justifies, is of course witliont foundation. If the Post-Of- Mr. HOLMAN. And I still reserve the point of order on that bill. fice Department is correct at~ to the reform proposed in the manner The SPEAKER pro tcntpm·e. Subject to those reservations the order of ·paying railroads for transporting the mails, the saving to the Gov- will be made, if there be no objection. ernment on that item alone will more than justify t·he reduction made There waa no objection. by this bill. CONGRESSIONAL PIUNTING. Mr. LAWRENCE. Where are the principal reductions made by Mr. SINGLETON. I rise to a privileged question-to report back this bill from the appropriations made last year f with certain amendments the resolution referred yesterday to the Mr. HOLMAN. There is but one item of reduction that is mate- Committee on Printing. rial, that amounts to any considerable sum, that is in the matter of Mr. WILSON, of Iowa. I understand that the Committee on Print- transportation of mails by the railroads. The estimate for the pres- ing have the privilege of reporting at any time for the purpose of ent fiscal year was $10,500,000; the expenditure for the last fiscal year reference to the Committee of the Whole ; but- was about $9,100,000. If the Committee on Appropriations is correct The SPEAKER pro ternpore. The gentleman from Iowa made no in its assumption of what will be the reduction of the cost of trans- objection. The gentleman from Mississippi, [Mr. SINGLETON,] rep- porting the mails by railroads under the new system of payment pro- resenting the Committee on Printing, is on the floor upon a privileged posed by this bill, then this appropriation will be ample for eve-ry question. branch of the Post-Office Department. With the affairs of the De- Mr. WILSON, of Iowa. It is a.! ways in order to make a. point of partment administered honestly, as we have reason to believe they order, even after a proposition has been read. will be, as we trust they will be, the appropriations made by this bill The SPEAKER pro tempore. The Chair ru1es that the matter of will be ample. printing is a highly privileged question. The Committee on Printing The amendment moved by Mr. HoLMAN was agreed to. have the right to report at any time. Mr. HOLMAN. I move that the committoe now rise and report Mr. WILSON, of Iowa. Relative to matters referred to them. this bill with the pending amendments to the Honse. The SPEAKER pro tempore. 'fhe la.nguage of the rule is "about The motion was agreed to. printing." 'fhis is about ''matters of printing." 'l'be committee accordingly rose; and the Speaker pro tempoJ·e hav- The Clerk read as follows: ing resumed the chair, .Mr. SPRINGER reported that the Committee of The Joint Committee on Printing on the part of the House of Representatives, the Whole on the state of the Union, pursuant to the order of the to whom was referred back one of the I'esolutions reported by said committee, con- House, had had under consideration the bill (H. R. No. 3263) making taining an instruction to the Committee on Appropriations to insert certain sec- tions in the sundry civil bill to be by thom hereafter reported to this House, hav- appropriations for the service of the Post-Office Department for the ing had tho same under considera.tjon, ha.ve instructed me to report back the said fiscal year ending J nne 30, 18n, and for other purposes, and had resolution and a bill accompanying it, with the following amendment: directed him to report the same to the House, with sundry amend- In tho second line of said resolution, to strike out the words "instructed to om- ments, and recommend that the amendments be concurred in, and body,'' and insert in lieu thereof the words " requested to inquire into the expedi- ency of embodying." the bill as amended passed. Mr. HOLMAN. Before calling the previous question on the bill Mr. HOAR. I rise to a question of order. I desire to call the at- and pending amendments, I will yield, according to my promise, to tention of the Chair to the fact that the question of order which I the gentleman from Missouri [Mr. CLARK] to move the amendment now propose to raise was up in thl} last Congress, or last but one, which he indicated while the bill was under consideration in Com- upon this very matter. At that time General Beatty, of Ohio, then mittee of the Whole, in regard to the limitation upon the salaries of chairman of the Committee on Printing, claimed the right to report postmasters. at any time a general bill concerning printing ; and the Speaker Mr. CLARK, of Missouri. I move to amend section 5 of the bill made a very careful statement to the House on the proposition that by striking out the last proviso. . · the privilege of the Committee on Printing related only to the cur- The proviso proposed to be stricken out waa as follows : rent printing of the House, and did not include a matter of general .And provided. fttrther, That the maximum salary and compensation of any post- law in regard to printing. He illustrated that position by a like rnl- master under the provisions of this act shall not exceed the sum of $4,000, except iug which had prevailed in regard to other committees authorized to in the city of New York, where the salary and compensation shall be the sum of report at any time-the Committee of Ways and Means and the Com- $6,000, ana no more. mittee on Appropriations. That decision was submitt.ed to the House Mr. HOLMAN. I now call the previous question on the bill and on an appeal, and, with but three or four dissenting voices, the opinion pending amendments. of the Speaker was sustained. The previous question was seconded and the main question ordered. I therefore make the point that this report is not in order. I do Mr. HOLMAN. I aak unanimous consent that all the amendments not specially desire to oppose this proposition, but merely to pre erve reported from the Committee of the Whole be considered as concurred the privileges of the House. The ruling refened to was one <,>f the in by the House, except where a separate vote may be asked on any most carefully considered that bas been made since I have been a of them. member here. There was no objection, and it was so ordered. Mr. BURCHARD, of Illinois. And it was sustained by the House. The following amemlment (on which a separate vote was asked by Mr. WILSON, of Iowa, Having originally raised this point of or- Mr. HARRISON) was read : der, I aesire to add furt.her that there must be a distinction between Add to the seventh section the following: "But the sum paid to any railroad the printing of current documents for the use of the House and a company for such transportation shall not exceed 1500 a mile for such service for proposition for a change in the general law. Upon the call of com- any one year." mittees, this committee has the right to report changes in the gen- The ame1;1dment was agreed to, there being ayes 144, noes not eral law; and in that way such a proposition as this might come in. counted. · · • Mr. HOAR. If the Chair will allow me one word, I wish to say The question then recurred on the amendment of Mr. CLARK, of that Mr. Speaker BLAINE at the time referred tO" traced the history Missouri, to strike out the proviso at the end of section 5. of this very point through a series of rulings going back to the orig- The amendment was not agreed to, there being ayes 46, noes not inal adoption of t.he rule, and embracing decisions by Speaker Win- counted. throp and some of the old democratic Speakers. He fortified himself The bill, as amended, was ordered to be en~rossed and read a third by several very important precedents adoptecl on careful cousiclern.- timo; and being engrossed, it .was accordingly read the third time, tion, and also by reference to the debates in which, with others, .Mr. and passed. . · Andrew Stevenson had taken part. 1876. CONGRESSIONAL RECORD-SENATE. 3145 I have no particular interest in opposing this proposition; I merely Mr. SINGLETON. I withdraw the motion to reconsider. desire that the ruling shall be correct. Rather than have a wrong Mr. RANDALL. No; the report and then the motion to recoDBider decision, I would prefer that the matter should come in by unani- is in order. mous consent. In the decision of Mr. Speaker BLAn~oTE, when General Mr. WILSON, of Iowa. I objected to the reception of the report Beatty raised this question, the Chair will find a very full and inter- as soon as it was stated to the Honse, and my point of order is per- esting discussion of this whole subject. fectly good until the proposition was read. Mr. SINGLETON. It seems to me the objection comes too late. The SPEAKER p?'O tempore. This report is before the House, and If it had been made yesterday, when the report from the Committee will come up to-morrow as the unfinished business. on Printing was first brought up for consideration, perhaps it would Mr. RANDALL's motion was agreed to; and then (at five o'clock and have been well taken. We propose 11ow to report back a resolution fifteen minutes p. m.) the Honse adjourned. which wa-s recommitted to the Committee on Printing in accordance with the instructions of the House, ancl that certainly is in order. Mr. RANDALL. I suggest to the gentleman from Mississippi that PETITIONS, ETC. he can escape all difficulty in this connection by now moving to re- The following memorials, petitions, and other papers were presented consider the vote by which this subject was recommitted. at the Clerk's desk under the rule, and referred as stated: Mr. HOAR. That will cover it. By Mr. BASS: Remonstrance of Robert Dunbar and other citizens Mr. SINGLETON. I move to reconsider the vote by which the of Buffalo, New York, against the passage of the Morrison tariff bill, subject was recommitted to the Committee on Printing. to the Commiteee of Ways and Means. Mr. RANDALL. Pending t.hat motion, I move the House adjourn. Also, remonstrance of R. H. Plumb and 100 other citizens of Buf- The SPEAKER p1·o tempm·e. The Chair would r,ladly postpone falo, New York, of similar import, to the same committee. any ruling in reference to these'' mattersofprinting 'and their priv- Also, remonstrance of George W. Tifft, Sons & Co., and 100 other ileges. The case referred to by the gentleman from Massachusetts, citizens of Buffalo, New York, of similar import, to the same committee. broogbt in by Mr. Beatty, of Ohio, is remembered by the Chair. At By Mr. CASON: The petition of dealers in tobacco of Crawfords- that time, as the Chair thinks, Mr. Speaker BLA.Th'E overruled previous ville, Indiana, that the law remain unchanged regulating the mode decisions. That is the present impression of the Chair. He would of packing tobacco, to the same committee. be glad, if he could, to have this matter p tponed or not ruled on, By Mr. CLARKE, of Kentucky: The petition of George W. Morse, until a thorough examination of previous rnling.s could be made. for compeDBation on account of labor and money expended in invent- The Chair would add that in his position as a mere locum tenens he ing the modern metallic center-fire cartridge system of breech-load- craves the forbearance of the House in rulings so frequently eo instanti. ing fire-arms adopted by the United States Army, to the Committee Mr. RANDALL. The motion to reconsider the vote by which the on Patents. subject was recommitted does not involve the decision of the ques- By 1\Ir. GARFIELD: The petition of the faculty of Dartmouth Col- tion at all. lege, in relation to the metric system and its adoption for use in the Mr. WILSON, of Iowa. I raised the point of order against there- United States, to the Committee on Coinage, Weights, and Measmes. ception of the report from the Committee on Printing, and that point By Mr. GOODE: Papers"relating to the claim of James E. Rozier, did not come too late, as it bas been frequently held that it is in time for compensation for the destruction of an oyster-bed by dredging by to raise the point of order until after the proposition has been read. orders of the commandant of the Norfolk navy-yard, to the Commit- Mr. RAI\TDALL. This question was considered yeste1·day on are- tee of Claims. port from the Committee on Printing. That committee reported for By Mr. HARRIS, of Massachusetts: The petition of John W. Gard- the action of the House three resolutions, two of which were adopted ner, a passed assistant engineer United States Navy, that his pay in and the third recommitted to the Committee on Printing with in- his present grade may commence at the time the vacancy occurred to structions. In my judgment, it is now entirely competent for the which he was promoted, to the Committee on Naval Affairs. gentleman from Mississippi, from the Committee on Printing, to re- By Mr. HENDERSON: The petition of Hemy Dart & Sons and port back that resolution under the instructions with which it was other citizflns of Rock Island, Illinois, that the law regulating the recommitted. To avoid all question, however, he bas moved tore- manner of packing tobacco remain unchanged, to the Committee of consider the vote by which the resolution was recommitted. That Ways and Means. has been done time and again. By Mr. LEAVENWORTH: The petition of Hile & Aldrich and Mr. HALE. I rise to the point of order that the gentleman from others, of Syracuse, New York, of similar import, to the same com- Mississippi cannot now take this method of bringing the matter np mittee. on a ·motion to recoDBider. Yesterday the subject was recommitted By Mr. MILLER: Petitions for the acknowledgment of God and to t-h e Committee on Printing, and that committee bas to-day already Christianity in the CoDBtitution of the United States, signed by 3,219 reported it back. It has therefore gone beyond any st.age where they persons from the St.ates of New York and New Jersey, to the Com- can select the manner of bringing it up by a motion to reconsider. mittee on the Judiciary. The ruling of the Chair, therefore, must be whether the report of the By Mr. RIDDLE: A paper relating to the establishment of post- committee as made by the gentleman from Mississippi can be con- routes from Cartha~e via Snow Creek to Chestnut Mound, Tennessee, sidered at once unless by unanimous consent. and from Chestnut .1.\Iound via Granville to Flynn's Lick, Tennessee, The SPEAKER p?'O teni]Jore. The Chair sustains the point of order to the Committee on the Post-Office and Post-Roads. of the gentleman from Maine. He is evidently right in saying that By Mr. SOUTHARD: Memorial of the officers of the Academy of the committee to-day has reported it back. The gentleman from Mis- Medicine of Zanesville, Ohio, protesting against the passage of the sissippi has to-day s_ubmitted his report, and therefore it has gone bill to incorporate the National Surgical Institute of the District of beyond the stage when a motion to reconsider will lie. The commit- Columbia, to the Committee for the District of Columbia. tee having reported the matter back, it" comes up bef01·e the House on By Mr. TOWNSEND, of Pennsylvania: RemoDBtrance of Samuel that report. It being before us, can a motion to reconsider its recom- Riddle & Son, J. M. & D. Lewis, Liely & Co.J Burnley & Co., James mitment be in order! Barton, jr., and 315 other manufacturers and workingmen of Dela- Mr. BURCHARD, of Illinois. 'l'be subject was up by unanimous ware COtmty, Pennsylvania, a.g ainst the reduction of Import duties consent yesterday. The pro.J?osition now is to report again from the upon foreign goods which enter into competition with their respect- Committee on Printing. It IS now a new proposition. ive manufactures, to the Committee of Ways and Means. The SPEAKER p1'0 tentpore. The Chair sustains the point of order By :Mr. TUFTS: The petition of manufacturers and dealers in made by the gentleman from Maine, as it is evidently correct. The tobacco of Muscatine, Iowa, against any change in the law regulat- committee having reported the subject back to the Honse, the motion ing the manner of packing tobacco, to the same committee. (according to his point of order) to reconsider the recommittal does By Mr. 'VIKE: The petition of manufacturers and dealers in to- not lie. . bacco of Quincy, Illinois, of similar import, to the same committee. Mr. RANDALL. Does the Chair say the gentleman from Missis- sippi ba8 no right to enter a motion to reconsider the vote by which the resolution was recommitted to that committee on yesterday 7 The SPEAKER pro tempo-re. Not after the committee has reported the subject back to the House. IN SENATE. Mr. RANDALL. The question of order was raised against there~ ception of the report, aud to avoid that difficulty the motion tore- THURSDAY, May 18, 1876. consider was made by the gentleman from Mississippi. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. Mr. WIL~ON, of Iowa. I have raised the point of order against The Journal of yesterday's proceedings was read and approved. the reception of the report, and that point of order is still pending, the Speaker not having decided it. HOUSE BILLS REFERRED. Mr. RANDALL. The point of order has been raised against there- The following bills from the House of Representatives were sever- . ception of the report, that it was not an ordinary report from the ally read twice by their titles and referred to the Committee on the Committee on Printing, which could be made at any time, but that District of Columbia: the report was of a proposition changing existing law, which could A bill (H. R. No. 2604) to incorporate the Suburban Railroad Com- only come in by unanimous consent. pany of the District of Columbia; The SPEAKER p1·o tempm·e. This matter was before the Honse A bill (H. R. No. 2881) to authorize the establishment of a certain without olljection, by unanimous consent, when the point of order free public highway in the District of Columbia, and for other pur- was made against it. poses; 3146 CONGRESSIONAL RECORD-SENATE. MAY 18, A bill (H. R. No. 3046) to amend the law with respect to wills, to the Committee on Claims. The object of the bill which I now intro- regulate the transaction of probate business in the supreme court of duce is to correct an error in the bill which is already before the Com- the District of Columbia, and for other purposes; and mittee on Claims. A bill (H. R. No. 3435) providing for the adjustment of claims against By unanimous consent, leave was granted to introduce a bill (S. No. the District of Columbia, and for other purposes. 845) for the relief of W. H. Woodward, of Indianola, Texas; which ROBERT SMALLS. was read twice by its title, referred to the Committee on Claims, and Mr. MORTON. Although it is not in order at this time, as I see ordered to be printed. the Senator from Maryland [Mr. WHYTE] in his seat I should like to Mr. CONKLING asked, and by unanimous consent obtained, leave enter a motion to reconsider the vote agreeing to a report made by to introduce a bill (S. No. 846) to punish the counterfeiting of trade- him yesterday from the Committee on Naval A.tlairs adversely on the mark goods and the sale or dealing in of counterfeit trade-mark. ~oods; which was read twice by its title, and, with the accompany- petition of Robert Smalls, of South Carolina, praying an allowance mg papers, referred to the Committee on the Judiciary. of prize-money for the capture of the steamer Planter in 1862. If there is no objection on the part of the Senator, I move to have the He also (by request) asked, and by unanimous consent obtained, vote by which the report was concurred in reconsidered, and that the leave to introduce a bill (S. No. 847) for the relief of the heirs of petition be recommitted to the committee in order that an additional Captain Joshua Chamberlain; which was read twice by its title, re- statement may be presented in regard to the claim. ferred to the Committee on Revolutionary Claims, and ordered to be The PRESIDENT pro tempore. Is there objection f The Chair hears printed. ~!r. NORWOOD (by request) asked, and by unanimous consent ob- none, and that order is made by unanimous consent. t~ined, leave to introduce a bill (S. No. 848) for the relief of William PETITIONS AND MEMORIALS. Battersby; which was read twice by its title, referred to the Commit- Mr. ENGLISH presented the memorial of Messrs. Bushwell & Dewell, tee on Claims, and ordered to be printed. and other citizens of New Haven, Connecticut, remonstrating against Mr. STEVENSON (by request) asked, and by unanimous consent any change in the law regulating the mode of packing tobacco; which obtained, leave to introduce a bill (S. No. 849) for the relief of the was referred to the Committee on Finance. Choctaw Nation of Indians; which was read twice by its title, 1·eferred Mr. BURNSIDE presented t;he petition of George G. Stillman and to the Committee on Indian Affairs, and ordered to be printed. other~:;, of Westerly, Rhode Island, praying an amendment to the river PAPERS WITHDRAWN ..U."D REFERRED. and harbor appropriation bill authorizing an appropriation to com- plete the improvement in Little Narraganset Bay, as recommended On motion of Mr, CONKLING, it was by General Warren; which was referred to the Committee on Com- Ordered, That the papers relative to the application of the heirs of Captain J oshna merce. rChamberlain be taken from the files of the Senate and referred to the Committee on Revolutionary Claims. REPORTS OF COMMITTEES. On motion of Mr. STEVENSON, it wa.s Mr. MORRILL, of Vermont, from the Committee on Public Build- Ordn'ed, That Elizabeth M. Dittoe have leave to withdraw her petition and ac- ings and Grounds, who were directed by.a resolution of the Senate companying papers from the files of the ~nate. to inqniro into the jail accommodations of the District of Columbia, reported a bill (S. No. 842) authorizing the commissioners of the Dis- SALMON FISHERIES ON THE COLUMBIA RIVER. tnct of Columbia to romove the jail in Judiciary Square to grounds Mr. MITCHELL submitted the following resolution; which was con- near to the Washington Asylum for the use of the District; which sidered by unanimous consent, and agreed to: was read and passed to the second reading. Re8olved, That the Committee on Commerce be instructed to inq.nire into the Mr. SAULSBURY, from the Committee on Post-Offices and Post- extent and condition of the salmon fisheries on the Columbia River m Oregon and Roads, to whom was referred the bill (S. No. 308) for the relief of Washington Territory, and report to the Senate, by bill or otherwise, suoii meas- ure as, in its judgment, is expedient and proper for the regulation of such fisheries B. .D. Morton, of Clarkesville, Virginia, reported adversely thereon; and the artificial hatching of salmon in such river. and the bill was postponed indefinitely. Mr. HAMLIN, from the Committee onPost-Officesand Post-Roads, CLAIMS FOR ARMY SUPPLIES. to whom was referred the petition of Matthew Callaghan, praying Mr. WRIGHT. I move that the Senate proceed to the considera- compensation for having originated and furnished the Post-Office tion of House bill No. 1218, of which I spoke yesterday, stating the Department with the plan now in use for the return to the writer of importance of action upon it at the very earliest moment. letters not delivered to the person addressed, submitted an adverse Mr. SARGENT. It is very well understood that the legislative sM- report thereon; which was agreed to and ordered to be printed. sion was extended half an· hour longer this morning on my motion, Mr. CONKLING, from the Committee on Commerce, to whom was my purpose being to call up a bill very important in reference to my referred the bill (H. R. No. 702) to change the name of the steam- own State, which will not lead to much discussion. propeller Senator Mike Norton to America, reported it without amend- Mr. WRIGHT. I will state to the Senator from California that ment. this bill will lead to no discussion at all. It was reported at the last Mr. BURNSIDE, from the Committee on Military Affairs1 to whom session of Congress, and it has come to us from the House of Repre- the subject was referred, reported a bill (S. No. 843) establishing the sentatives at this session. It includes claims reported from the Treas- rank of the Paymaster-General; which was read and passed to the sec- ury Department eighteen months ago. ond reading. Mr. SARGENT. I think there are a large number of items in th'3 Mr. SARGENT. I am instructed by the Committee on Naval bill, are there not' Affairs, to whom was referred the bill (S. No. 841) for the relief of Mr. WRIGHT. It will take no longer to read the bill now than at Bayse N. Westcott, to report it back adversely. My colleague on the any other time, and it is a matter of great importance. committee [Mr. CoNOVER] desires to make a minority report, and Mr. SARGENT. I only hope that I may have some time during the therefore I ask that the bill go on the Calendar. morning hour to call up the bill to which I have referred. Mr. CONOVER. I present the views of the minority to go with Mr. WRIGHT. I will cheerfully assist the Senator in getting up the bill on the Calendar. his bill. I do not think there will be any trouble about it. The PRESIDENT pro tempore. The bill will be placed on the Cal- The PRESIDENT pro tempore. The question is on the motion of endar, and the views of the minority will be printed. the Senator from Iowa to proceed to the consideration of the bill Mr. BRUCE, from the Committee on Pensions, to whom were re- which he has named. ferred thirteen petitions of citizens of Ne~ York, late soldiers in the The motion was agreed to; and the Senate, as in Committee of the Union Army, praying for an amendment to the pension laws so as to Whole, proceeded to consider the bill (H. R. No. 1218) making ap- extend the time in which to make application for arrears of pensions propriations for the payment of claims reported to Congress, under to July 4, 1876, submitted an adverse report thereon; which was section 2 of the act approved June 16, 1874, by the Secretary of the agreed to and ordered to be printed. · Treasury. He also, from the same committee, to whom was referred the bill The bill was reported to the Senate without amendment, ordered (H. R. No. 1944) granting a pension to Njram W. Pratt, reported it to a third reading, read the third time, and passed. without amendment, and submitted a report thereon; which was or- LICK OBSERVATORY. dered to be printed. Mr. SARGENT. I move to proceed to the consideration of Senate Mr. WADLEIGH, from the Committee on Claims, to whom was re- ferred the petition of Nathaniel P. Harbin, of Georgia, praying com- bill No. fJ77. pensation for certain property seized and taken possession of by Unlted The motion was agreed to; and the bill (S.No.fJ77) granting a site States troops during the late war, submitted a report thereon, accom- for an observatory to the trustees of the Lick Observatory of the aatro- panied by a bill (S. No. 844) for the relief of Nathaniel P. Harbin, of nomical department of the University of California was considered as in Committee of the Whole. Georgia. The :first section recites that James Lick, of San Francisco, Califor- The bill was read and passed to the second reading, and the report nia, has by deed of trust given a large sum of money for the erection was ordered to be printed. and equipment of an observatory, dedicating the same to the astro- BILLS INTRODUCED. nomical department of the University of California for scientific and Mr. MAXEY. I ask unanimous consent to introduce a bill to be re- educational purposes, and has selected Mount Hamilton, in the county ferred to the Committee on Claims. I will state for the information of Santa Clara, as the site for the observatory, and which is situate . of the chairman of the committee that a bill was originally intro- on the public lands of the United States, in township 7 south aud duced for the relief of Mr. Wood ward and referred to the Committee range 3 east, Mount Diablo meridian, and reserves from ale or dis- on Military Affairs, anu by them retnrne<.l anu tho case tranl:!ferretl to posal nnder the general laws of the United States secLion !>,the north _1876. CONGRESSIONAL RECORD-SENATE. 3147 half of section 10, the south half of section 3, the fractional north half Mr. ALLISON. I do not object; but it occurs to me that if we go of section 16, and the fractional section 17, in that township. to the Calendar we shall get all the unobjected cases out of the way; Section 2 grant.s so much of said land as is not already granted or ancl there are a great many of them. I will not object to this bill. disposed of by the United States, to wit, section 9, the north half of Mr. SHERMAN. I move to take up House bill No. 2441. eection 10, the south half of section 3, and fractional section 17, to the The motion was agreed to; and the bill (H. R. No. 2441) authoriz- trustees of the Lick Observatory of the astronomical department of ing the appointment of receivers of national banks, and for other the University of California, with authority and in trust to convey purposes, was considered as in Committee of the Whole. the same to the regents of the University of California, and their suc- The bill was reported by the Committee on Finance with amend- cessors, in trust for the use and benefit of the astronomical depart- ments. ment of the University of California. · The first amendment was in section 2, line 8, after the word " ·cred- The Committee on Public Lands reported an amendment to insert itor,'' to strike out " on his own behalf, or ;" after the word " and'' in at the end of section 2 the following: the same line, to insert " of all," and in line 11, after the word " dis- Provided, That if the laml herein granted shall be used for any other purpose trict," to strike out "within which any of the shareholders may reside than the site of said observatory, ana the necessary purposes in connection there- or be found, or," so as to read : with, the same shall revert to the United States. That when any national-banking association shall have gone intp liquidation The amendment was agreed to. . nnder the provisions of section 5220 of said statutes, the individualllability of the Mr. SARGI<~NT. In line 15 of section 1, I move to strike out the shareholders provided for by section 5151 of said statutes may be enforced by any words "the fractional north half of section 16." It is not granted by creditor of such association, by bill in equity, in the nature of a creditors' bill, brought by such creditor, on behalf of himself and of all other creditors of the asso- the bill, but reserved for school purposes. I see no object in retain- ciation, against the shareholders thereof, in any court of the United States having ing the words, and therefore move to strike them out. original jurisdiction in equity for the district in which such association may have 'fhe motion was agreed to. been located or established. Mr. BOOTH. I move to strike out section 3 of the bill. It is un- The amendment was agreed to. necessary here; but it is the usual formality in California to provide The next amendment was in section 3, after the word "on" in line that an act shall take effect from and after its passage. . 17 to insert : Mr. SARGENT. That section should go out. Or, if no newspaper is there published, in the newspaper published nearest The motion was agreed to. thereto. The bill was reported to the Senate as amended, and the amend- The amendment was agreed to. ments were concurred in. The next amendment was to strike out the fourth section of the Mr. EDMUNDS. I should like to have the last section read. bill in the following words : The PRESIDENT pro tempore. The section will be reported. SEc. 4. That the Comptroller may, if, in his judgmen~ the interests of creditors The Chief Clerk read section 2 of the bill. or of shareholders of national banks which are in the nands of receivers will be Mr. "ED~lUNDS. I want to inquire if there is .a provision which promoted thereby, invest the money of such associations which may be on deposit requires the land to be used exclusively for the purpose, and reserves with the Treasurer of the United States, subject to the order of the Comptroller, in interest·bearing bonds of the United States, which may be subseeing a little crippled have gone into voluntary 3148 CONGRESSIONAL RECORD-HOUSE. ~lAY 18, liquidation. Under the st.atute as it stands the Comptroller cannot The bill was read. It prov"ides that from and after its passage the enforce the individual liability until the assets are exhausted, and rank of the Paymaster-General of the United States Army shall be thus they get time, unjustly in many cases, for the payment of their brigadier-general ; and no pay and allowances shaH be made to him debts, when1 if he had the power or if the creditors had the power to other than from the date of appointment under the· act. enforce the mdividualliability of the stockholders, the matter might The PRESIDENT pro tentpore. Is there objection to the considera- have been wound up in thirty or sixty days. tion of the bill f Mr. THURMAN. It is to compel a resort to this individual liability :Mr. SHERMAN. I think it had better lie over, as it was only re- before exhausting the assets-is that the object of section 2 Y ported to-day. Mr. SHERMAN. It is only in cases where the bank stops volunta- .Mr. BURNSIDE. The bill has been reported from the Military rily and is in process of voluntary liquidation-in such cases the in- Committee once before and recommitted. dividual liability, under the limitations of this section, may be en- The PRESIDENT pro tempore. The bill will lie over. forced by a bill in equity brought by a creditor in behalf of himself IMPEACHMENT OF W. W. BELKNAP. and all the other creditors of the association against the shareholders. Mr. THURMAN. It seems to me that it will leave a very great am- The PRESIDENT pt·o tempore. The hour of one o'clock having biguity, because the section of the bank charter referred to--5151-is arrived, the legislative and executive business of the Senate is sus- not perhaps so clear for the com::ts to decide upon. pended, and pursuant to order the Senate proceeds to the consider- Mr. SHERMAN. Fifty-two-hundred and thirty-nine. ation of the articles of impeachment exhibited by the House of Rep- Mr. THURMAN. The point to which I wish to call the attention resentatives against William W. Belknap, late Secretary of War. of the chairman of the Committee on Finauce is whether or not this The Sergeant-at-Arms will clear the galleries and close the doors. bill makes it certain when the shareholder shall be compelled tore- The Senate then proceeded to the trial of the impeachment of spond under the individual-liability clause of the bank charter. In William W. Belknap, late Secretary of War. respect to individual liability, where it is provided for generally, the The Senate sitting for the trial of the impeachment having ad- decisions of the courts have been very contradictory in different journed, resumed its States. I do not know that they have been under this bai.Udng act, LEGISLATIVE SESSION. for I am not familiar with the decisions under it. In some States it The PRESIDENT pro tmnpore laid before 'the Senate a communica- has been held that that makes the stockholder liable as if be were a tion from the commissioners of the District of Columbia, t.r ansmit- mere partner, and an action at law may be brought against him. In ting, in answer to a resolution of the Senate of April 10, 1876, a re- others it has been held that he can be proceeded against by a credit- port of the commissiouers of the sinking fund of the D"istrict, show- or's bill and compelled to pay without waitiug for the assets of the ing the amount of certificates of indebtedness issued by virtue of corporation to be exhausted. In others, as in my own State in the acts of the Assembly of the District of Columbia and of Congress, last decision made, it has been held that the assets of the corporation and also the amount of assessments made in pursuance of said acts must be first exhausted. I do not know how this will be construed. to secure the payment of the certificates ; which was ordered to lie It seems to me it ought to be clear one way or the other. on the table and be printed. Mr. SHERMAN. As we have but five minutes' time I will state to On motion of Mr. SARGENT, (at five o'clock and four minutes p. my colleague that this section does not change in the sllghtest degree m.,) the Senate adjourned. . the amount of the liability, the nature of it, or the mode of prosecut- ing it; it simply says that wben a bank chooses voluntarily to go into liquidation, its creditors may file a creditor's bill to compel the in- dividual stockholders to respond to theirindividualliability. It does not chan~e the case at all as to other banks that are either wound up HOUSE OF REPRESENTATIVES. by a recmver or in procees of liquida.tion under the law. I do not thiuk there can be any objection to this section. The power they have THURSDAY, May 18, 1876. had heretofore has been abused. Mr. THURMAN. The bill will leave it to the courts, just as it is The House met at twelve o'clock m. Prayer by the Chaplain, Rev. now. If the committee are satisfied with it in that way, I do not I. L. TOWNSEND. know that I shall interpose any objection; although it does seem to The Journal of yesterday was read and approved. me that it would have been better to have made that individual- WITHDRAWAL OF PAPERS. liability clause clear, so that the courts might know whether they Mr. BAKER, of Indiana, by unauimous consent, obtained leave to could give judgement at once upon the individual-liability clause or withdraw from the .files of the House the petition and papers in the whether they must wait until the assets were exhausted. claim of John B. Chapman, of Indiana,. 1 wish, however, to call attention to another section of this bill that Mr. POWELL, by unanimous consent, obtained leave to withdraw I am not quite sure is not a little questionable. Section 5 provides- from the :files of the House the papers in the case of Elizabeth J. That all United States office1'8 charged with the receiptor disbursement of public Scott, being an application fo.r a pension, there being no adverse re- moneys, and all officers of national banks, shall at.amp or write in plain letters the poet thereon. word ''counterfeit," "altered," or " worthless " upon all fraudulent notes issued in LEAVE OF ABSENCE. the form of, and intended to circulate as, money, which shall be presented at their pla{les of business ; and if such officers shall wrongfully stamp any genuine note Mr. STRAIT, by unanimous consent, obtained leave of absence for of the United States or of the national banks, they shall, upon presentation, I'e- two weeks on a-ccount of important business. deem. such notes at the face value ther-eof. NORTH OAROLINA INDIANS. I am not aware of any such provision as that in the law now, though there may be. I am a little apprehensive that it might be The SPEAKER JYI'O tempore, by unanimous con ent, laid before the dangerous. I am not opposed to the section, because it might tend House a letter from the Secretary of the Interior, inclosing a com- to prevent an inflation of the currency; for I am opposed to inflation1 munication from the Commissioner of Indian .Affairs, relative to an ap- and especially to inflation by means of counterfeit paper. I ~m noli propriation for the benefit of the !'forth Carolina Indians; which was opposed to it on that ground; but this makes it the duty of every referred to the Committee on .Appropriations. bank officer and every receiving and disbursing officer of the United PRESIDIO RESERVATION. States, when a note is presented, to decide whether it is altered, coun- terfeit, or worthless, and stamp it right on the spot as such. I think The SPEAKER pro tempm·e also, by unanimous consent, laid before that would pretty effectually stop its circulation; but if the man the House a letter .from the Secretary of War, transmitting the re- whose note has thus been stamped is not satisfied with that, he may port of the Chief of Engineers and of the commanding general, Divis- . present it again and prove, I suppose, or bring suit and prove that ion of the Pacific, on the bill (H. R. No.1301) relative to the Presidio the officer stamped it wrongfully or without sufficient cause, and reservation; which was referred to the Committee on Military .Affairs. then the officer is to redeem the note. How it is to circulate with PUBLIC GROUNDS OF W ASmNGTON. this stamp on it, after the officer has redeemed it,-1 do not know. Mr. SHERMAN. He can send it in and get his money for it. The SPEAKER pro tempore also, by unanimous consent, laid before Mr. THURMAN. I do not know how that is to be done. It seems the House a letter of the Secretary of War, transmitting, in response to me that it is a very questionable provision. to a resolution of the House of March 9, the report of Colonel 0. E. The amendments were ordered to be engrossed and the bill to be Babcock, together with itemized vouchers, &c., pertaining to the read a third time. The bill was read the third time, and passed. public grounds of Washington; which was referred to the Commit- • CHANGE OF REFERENCE. tee on Publio Buildings and Grounds . M.r. WRIGHT. On Monday last the bill (H. R. No. 2829) for the JURISDICTION OF THE COURT OF CLAIMS. relief of .Ariel K. Eaton and James D. Jenkins, which was received The SPEAKER pro tempore also, by unanimous consent, laid before from.the House of Representatives, was by mistake referred to the the House a letter from the Attorney-General, transmitting documents Committee on Public Lands. I move that that order be reversed and relative to the extension of the jurisdiction of the Court of Claims, that the bill be referred to the Committee on Claims. and for other purposes; which was referred to the Committee on The motion was agreed to. Patents. PAYMASTER-GE1\"'ERAL. CLERK OF THE HOUSE. Mr. BURNSIDE. I ask for the present consideration of the bill The SPEAKER p1·o tempore. The Chair is requested by the Clerk (S. No. 843) establishiug the rank of the Paymaster-General. of the House to lay before tho House the followiug commuuication. 1876. CONGRESSIONAL RECORD-HOUSE. 3149 The Clerk read as follows : tempore would be chairman of the committee, not absolutely, but by Sm: My attention has been called to the following telegram from this city to the the general course, as it happens that the member of the House who Chicago Inter-Ocean of the 15th instant: is now Speaker pro ternpm·e is also a member of the committee. The "THE NEXT MAN. committee therefore is reduced to three members, the Speaker p1·o ".Adams the Clerk is said to be the next man to have trouble. .A member of tempore, and two of the members are ex-Speakers of the House. It is Cou!!l'ess ~laims to ru:ve in his possession facts, which he will make public soon, to not such a committee that ought to be charged with the very im- sho~ that he (the Clerk) haa been selling his appointments at sums ranging from portant duty of considering this matter, affecting not only the chm·- $100 to $500." acter of one of the principal officers of the House, but to a great ex- I re!!l'et to obtrude this matter upon the attention of the Honse of Representa- tives t'but, as these charges affect my honor as a man and.my conduct aa a r_espon- tent the character of the House itself. Now I suggest to the gentle- sible officer of this body, I feel impelled to do so, lest my silence under the crrcum- man from Kentucky that this matter be refeiTed to a special com- stances might be misconstrued. mittee of five or seven members, to be appointed by the Chair, and I therefore respectfully request that the Honse shall direct a committee to make an immediate and exhaustive investig_ation of this subject, and I challenge all per- with the due consideration of all circumstances connected with it sons who profess to have any knowleage or information of any official nnscondnot and its importance, and then the House will be entirely satisfied with on my part to appear and communicate the same to said committee, to the end that its judgment, and I hope the House will make that change in the the truth or falsity of such chargeS may be determined at once and forever. motion. I will here add-and I do so with the absolute and defying confidence of a man conscious of the perfect rectitude of his official conduct-that all such charges are Mr. RANDALL. I concur very fully with the gentleman from Mas- infamous slanders, having not a shadow of foundation in truth. sachusetts. The Committee on Rules have already one investigation Very respectfully, before them, and we find great difficulty in getting a quorum. As the GEO. M . .AD.AMS. gentleman from Massachusetts [Mr. BANKS] has stated, the Speaker Ron. S. S. Cox, is absent, and another member of the committee is not well and con- Speaker pro tempore House of Representatives. Mr. BROWN, of Kentucky. I offer the following resolution which fined to his house. The truth is that as a member of that committee I have not time to attend to it. I have been unable to meet with the I send to the desk. committee in the investigation already ordered because I am on an- The Clerk read a8 follows: other committee, and my presence there as its presiding officer is ab- Resolved That the communication from the Clerk of this House just read be re- solutely necessary. I concur with the gentleman that this matter ferred to fue Committee on Rules, with instructions to make a thorough investiga- tion into the matters therein contained, and report thereon at the earliest practica- should be referred to a special committee. ble day, and that the said committee have power to send for persons and papers Mr. BROWN, of Kentucky. I am entirely indifferent as to what and make report at any time. committee shall have charge of this matter, and in view of the sug- Mr. BROWN, of Kentucky. I doubt not, sir, that the House will gestion of the gentleman from Massachusetts I will modify the reso- readily accede to the .request of its officer and pass the resolution I lution and propose the reference of these charges to a select committee have submitted. This scandalous charge has been spread all over the of five to be appointed by the Chair; and in that connection I desire land in newspapers, and it is but an act of simple justice to Mr. to say that standing·as I am in intimate relations with the Clerk of Adams that it be investigated. the House I do not wish to serve on that committee, and I am author- I have known him, sir, for many years, and he has always had my ized by him to say that he would prefer that no democratic Ken- unquestioning, undoubting, absolute trust. I believe him to be a tuckian should be on that committee. gentleman possessed of the highest sense of hon01·, of incorruptible The question was taken on the resolution, as modified, and it was integrity; and I am sure that this estimate of his character is shared agreed to. by all his friends. He was for eight years a representative on this LANDS IN MISSOURI. floor from Kentucky, ancl he has in many ather ways received mani- Mr. GAUSE. I am instructed by the Committee on Public Lands festations of the confidence and regard of his fellow-citizens. His to report back, with amendments, the bill (H. R. No.1253) granting to friends believe it impossible that he could have been guilty of any- the State of Missouri all the lands therein selected as swamp aml thing unworthy in his official conduct. They believe that he will overflowed land. come out of this investi~ation without the shade of a shadow of sus- Mr. WILSON, of Iowa. I make the point of order that that bill picion upon his reputation, and that nothing that can be produced should be referred to the Committee of the Whole. against him can be tortured into the semblance even of misconduct in Mr. BLAND. I hope the gentleman will not insist upon that point office. Malignity has gone on its stealthy, hungry hunt along the of order. Let the bill be read. gutters of calumny, hoprng to be able to hook up something foul with The Clerk commenced the reading -of the bill. which to smirch the escutcheon of this man. The charge we have Mr. BLOUNT. I object to the consideration of the bill. hea1·d is the product of that nasty search. It is a grave one. If true, The SPEAKER pro te11tpore. Then the bill is not before the House. he is disgraced and should be driven from his office; but, if false, he Mr. HOLMAN. I think the bill should go to the Committee of the should be vindicated. Mr. Adams confronts the accusation. He de- Whole. fies the accuser. He demands the proof. Let it be produced, or the The SPEAKER pro tcrnpore. The bill is not before the House, ob- instigator of the vile slander stand condemned and despised. jection being made. I move the previous question. Mr. HALE. I call for the regular order of business. Mr. ATKINS. I desire to ask the gentleman from Kentucky whether he has any idea who the instigator of this charge is. CONGRESSIONAL PRINTING. Mr. BROWN, of Kentucky. The paragraph quoted in the letter of The SPEAKER pro tempore. The :first business in order this morn- the Clerk refers to a Congressman. ing is the consideration, as unfinished business, of the report from Mr. BANKS. I ask the gentleman from Kentucky to withhold the the Committee on Printing in relation to the Government Printing call for the previous questiOn for a moment that I may say a word in Office. regard to the committee to which it is proposed that this communi- A point of order is pending concerning the reception and consider- cation shall be referred. ation of this report. Mr. BROWN, of Kentucky. I yield to the gentleman from Massa- 'l'he Chair begs the attenti(m of the House to this matter as of con- chusetts. siderable importance concerning the rules of the House. It is impor- Mr. BANKS. Of course I do not wish to say a word against the tant because it affects several committees which under the rules have investigation that is proposed. But I ask the attention of the gen- ''leave to report at any time," and, further, because it affects current tleman from Kentucky and the House to the constitution of the com- legislation-its order and priority. To illustrate by a few queries: mittee to which this subject is proposed to be referred. The Committee of Elections may "report at any time;" but is not , The Committee on Rules is appointed for the purpose of consider- that limited to contested-election cases and thus privileged¥ Can it, ing one distinct subject relating to the order of transacting the busi- however, under the rnlereport a general election law¥ The Commit- ness of the House, the order of the course of 1egislation; and while tee on Enrolled Bills has a similar privilege; but is not the limit fixed of course gentlemen on that committee cannot object to considering upon reporting enrolled bills only f any other subject referred to it, inasmuch as they were selected for What is the condition of the report upon which this point of order particular reasons and on account of the positions they had held hereto- is raised Y fore in this House either as its officers or .as controlling its business, The gentleman from Ohio, [Mr. VANCE,] chairman of the Commit- it seems better on general consideration that this subject be referred tee on Printing, on the 12th instant, submitted a report from tha.t to a special committee, it being an important investigation and which committee in relation to the Government Printing Office. That re- should be made with as much speed as possible. port was read at length and recommitted to the same committee. On But there is another reason. The chairman of the Committee on Tuesday, the 16th instant, the House reconsidered the vote by which Rules, who is the Speaker of the House, is absent. If he were pres- the report was recommitted to the committee, discussed 1he report ent it would certainly occur to every gentleman that the Speaker of nearly four hourM, adopted two of the three resolutions submitted iu the House, on any consideration, ought not to be made the chairman that report, and recommitted the third resolution to the commit~e of a committee of investigation on account of the powerful influence with instructions to modify the same. The vote by which the reso- which he would naturally exert as an officer of the House. It would lution was recommitted was reconsidered and the motion to recon- naturally suggest itself to every member that that powerful influ- sider laid on the table. The report was prevented from being brought ence ought not to be thrown in the one scale or the other. As the back upon a motion to reconsider the vote of recommitment. Speaker is absent the committee cannot be charged with the consid- The gentleman from Mississippi [Mr. SrnGLETON] on yesterday re- eration of this matter before his place is filled. I believe there are ported back the resolution with certain modifications. In fact his five members of the committee, and one being absent, the committee committee only obeyed the instructions of tho House. · is equally divided. In the absence of the Speaker the Speaker pro The gentleman from Iowa [Mr. WILBON] thereupon made the point 3150 CONGRESSIONAL RECORD-HOUSE. MAY 18, of order that the privilege of the committee to report at any time House provides that it shall be in order for the Committee on Printing to report a.t any time. The rule places no restriction whatever upon the subject-matter to be extended only to reference of their reports to the Committee of the reported; and, iii the opinion of the Chair, it is limited only to the fact whether or w~ . not the subject be legitimately before that committee.-Speaker Oobb. The aentleman from Massachusetts [Mr. HOAR] also ra1sed the In the decision of Mr. Speaker BLAINE he did not hesitate to declare same p~int at a subsequent sta~e of the proceeding. . that he differed from these ex-Speakers; and that he took the responsi- The Chair wa~ inclined to rUle promptly that the committee had bility of overruling them. The present acting Speaker would hesitate the right to report at any time, and that the report was properly be- before following such an example, even as against one ex-Speaker. fore the Honse for consideration, as consideration and report go Nor is it necessary for the decision of the present point of order. together. (Barclay, 187.) The matter being of unu~ual consequence, It will be observed that both these eminent Speakers were of opin- the Chair desired to examine heedfully the questiOn presented, as ion that the Committee on .Printing possessed the right to report at well as the reasons and precedents. · . any time "without reference to the nature or character of the re- The gentleman from Mississippi [Mr. SINGLETON] temporar1~y com- port/' Mr. Cobb limits his ruling by the fact, significant in the plicated the question by moving to re~onsider th.e v.ote by whwh the present case, whether or not the subject wa~ leqitimately before that report was recommitted to the Comnnttee on Pnntmg. The gentle- committee. The Chair presumes that no memuer of tho House will man from Maine [Mr. HALE] made the point ·of order that th~ com- deny that the committee had obtained jurisdiction of the subject of mittee having made the report recommitted t? them, the l!lotwn. to the resolution. reconsider the vote of recommitment was not m order; whiCh pomt Mr. Speaker BLA.Th'E in bis decision urged as a strong reason against of order was sustained by the Chair. In this ruling the Chair was the privilege claimed by Mr. Beatty, the chairman of the House Com- clearly right and for another reason besides that stated by the gen- mittee on Printing in the Forty-second Congress, that if it was con- tleman frord Maine, [Mr. HALE,] namely, that .there had b~en on ceded the House might suddenly and without warning have precipi- Saturday a prevailing motion to table the questwn of reconsidera- tated upon it bills embracing extra<>I'dinary and" general legislation. tion of the recommitment. He held that the rules, which were largely for tbe protection of mi- The present occupant of the chair has carefully looked into the norities, were intended to prevent such legislation. Certainly in the subject and examined the authorit~es and precedents. He has read present case it cannot be urged that tlle House was not fully aware the decision of Mr. Speaker BLAINE m the case alluded to yesterday by of the legislation proposed in the mport under consideration, and the gentleman from Massachusetts, [Mr. HOAR.] It is founcl in the therefore that J>Ortion of the argument made by Mr. Speaker BLAINE Globe second session Forty-second Congress, page 2478. He has also in making that decision does not apply in this case. read the reply and speech of Mr. Beatty at.that time. (~~e Glob~ of The sections of the pending re~olution for the Committee of Ap- 8all1e session, page 2408.) He has also exammed other demswns which propriations to consider, reported by Mr. VAN~, the chairman of the seem to differ from that of Mr. Speaker BLAINE. Printing Committee, comprehend a large sphere of repealing and orig- While he believes now as he did then, that that decision under the inal le(J'islation. They create an office of responsibility. They pro- strict construction of the rules was correct, he is of opinion that the vide a:t extensive scheme of Government printing, biniling, &c., for present matter involves and presen~s an entirely diffe~el?t and excep- the legislative as well as the Executive Depart,meuts. At first sight tional question. At that time ~nd m that c~se the ongm .o~ the rule they would seem to be ruled out by the decision of Speaker BLAINE ; and the necessity out of which 1t grew sanctwned the deCisiOn. The but of their general tenor was not the House fully advised by there- rule is as old as the Thirtieth Congress. Its author wa~ Mr. Henl~y, port on the 12th, as well as by the lengthy debates, which followed f of Indiana. It was intended to save a large amount of money which Did not the House deliberat.ely consider and reconsider, and finally would otherwise be paid for additional composition of documents, recommit them; and that, too, with instructions T No member or com- &c. when matter had been taken down and after extra nnmbers were mittee was surprised or embarrassed by this la~t report of the Com- ord~red. The mle was founded in convenience and economy, and was mittee on Printing. It was acting only perfunctorily a:nd almost for- not to be enlarged to comprehend the report at any time of general mally, in answer to the express call of the House, wh1ch gave them legislation. . . . . . special jurisdiction. · Frequently this rule has receiVed a too hteral mterpr~tation, wh1ch The reasoning of the decision of Ex-Speaker BLAINE, therefore, in led to its abuse. In fact Mr. Beatty quoted many occa.swns when Mr. 1872, cannot be tortured into sustaining this point of order. This last Speaker BLAINE himself allo'!ed the committee ~ r~port other mat- report does not, except by the action of the House itself disturb or crowd ters than those strictly belongrng to the current prrntmgof the House. out the right of other committees on other questions. It is only by The Tributes to Abraham Lincoln and thell.· distribution by law was the consent of the House, deliberately given, that the privileges of instanced. This instance is found in the Globe, second sessum Forty- other committees can be c:listurbed by this privilege of the Printing first Congress, page 3118. But in t~at case the resolutio!l had been Committee to report at any time on other matters besides the" current referred to the committee. The subJect-matter was comnntted to the printina." committee by the House itself and the Chair allowed the report to The Chair repeats that while he is of opinion that the present case be made "at any time." Therein it is akin to this present case. is essentially different from that decided by Mr. Speaker BLAINE, be is Inasmuch as the original resolution of investi~ati~n in this c~ clear that the House, having full knowledge of the report now in ques- gave no authority to report or suggest gen~rallegtslatwn, the Chair tion, committed the same to the committee. It thereby cured any is of opinion that the point of order now raiSed would have held good, defect or lack of jurisdiction as an original proposition. if made at the proper time, i.e., w~e~ the report was first m~e on the Furthe~:, the gentleman from Massachusetts, Mr. DAWES, lon~ a 12th instant. But he is also of opmwn that the report havmg been member of several privileged committees, and frequently acting received, read, and, with f~ll knowledge of its purp?rt, recom- Speaker, was of opinion that the reference of a bill or resolution to mitted to the committee, agarn repf t~e l!m~se,.It IS now eminent authority. In reply to Mr. Beatty he said: in order. The instructiOns so enlarged the ongrnal JUI'lSdiction of the committee that the point of order that .the report is not a privileged I do not doubt that the House can give the committee a new or oxtendod jnri&· diction ; but in the absence of that, it m~st b~ perfe~tly. ap_pa~e~t that the 1·ight to one does not now lie. report at any time can only be eo-extensive With the JUrischction of the comm1 ttee; The gentleman from Massachusetts [11ir. HOAR] stated yesterday and a reference to the rule creatine: the committee shows the limited character of ita that Mr. Speaker BLAINE in making his decision recurred to the origin authority, in t.be absence of any new or additional authority given by the House.- Globe, page 2480, second session Forty-second Congress. of the rule and fortified himself by several important precedents, amon(J' others, decisions of Speakers Winthrop and Cobb. Fortified by the reasoning of Ex-Speaker BLAINE in his decision, and Th: Chair was aware of the decisions. He stated yesterday that by Mr. DAWES, of Massachusett-s, in his remarks, as well as by other his impression was that Speaker BLAINE had overruled them. ~hether rUlings in other cases in conflict with that decision on other points his decision, which was made that of the House by a resolutwn from not here relevant ; fortified by the decisions of Ex-Speakers Winthrop Mr. DANKs sustaining it, (Journal, April 16, .1872, page 697,) !>VE\r- and Cobb, which apply to this case even if they go further than they ruled that of his eminent predecessors or not, IS not very material to should; strengthened by the peculiar situation of this question, be- tho present decision. They are referred to only to show that they are cause of its most deliberate consideration by the House and its l'e- not absolutely necessary to the present ruling, either as rea.son or au- committal to the committee, a-s well as by the statement of the gen- thori~y. In certain respects, they confirm the present ruling of the tleman from Iowa [Mr. WILSON] himself, who made the point of Chair, while in other respects the decision o.f ~.,Speake~ ~LAINE order, that when this recommittal wa~ made th~ resolution could be does not conflict with it. For all that appears m his own demswn, :Mr. reportecl at any time, the Chair overrules the point of order. Speaker BLAINE coulrl consistently coincide with that of the Chair. The report is therefore before the House; and the gentleman from The Clerk will read the opinions of Speakers Winthrop and Cobb. Mississippi (Mr. SINGLETON] has tho floor. The Clerk read as follows: Mr. WILSON, of Iowa. One word, Mr. Speaker. You have quoted ~be Speaker stated the quMtion. The Chair understood the. gentleman from me as making a statement that is directly contrary to what I did Georgia to claim for the Speaker the discretionary powe~ to say what character say. I said the Committee on Printing should not have the right to of reports the Committee on Printing.might make under the1r general leave to report report at any time; I am in the RECORD made to say directly the op- at any time. Tb~ Ubair overruled the~ point of o1·der, and disclaimed any such power. Tho rule was express that the Committee on Printing might report at ~y posite. time, without reference to the nature or charaeter of the report.-Speaker Wln· The SPEAKER JYI'O tempore. The Clerk will read from the RECORD. throp. Mr. WILSON, of Iowa. I know that the RECORD makes me say The SPRAKRR. "' "' * The gentleJlll1D from South Carolina rMr. Burt] sn.b- so, but the REcORD is wrong; and as the correction of tho RHCORD mtt.s as a point of order that under the rules of t.he ~~use the gent!eman from Mi~­ sissippi is not entilletl to make thls report as a pnvlleged question. The Clunr is not a question of privilege, I have not had the opportunity to make overrules the point of order upon the ground that the twenty-first rule of the the correction 1876. CONGRESSIONAL RECORD-HOUSE. ill 51 Mr. HOAR. I am entirely satisfied with the decision of the Chair. the rights upon the question referred to it which are given to that AI3 I stated yesterday, I raised the point of order, not for the purpose committee by the rules. But in this case the Honse does not refer of embarrassing this resolution at all, but simply because it was so these questions to the Committee on Printing; they are referred in grave a matter. The point to which I wish t.o call the attention of one case by the law and in the other by the rules of the House. the Chair now is this: I understand that the present ruling .is not in Rule 100 provides that a large number of cases shall be referred to conflict with the ruling of Speaker BLAINE, but stands upon its own the Committee on Printing by order of the Clerk. Now, if the House ground. The ruling of Speaker BLAINE, however, is not the real au- refers a matter of general legislation to the Committee on Printing, t.hority in favor of the position which he took; but the authority is that committee upon that matter should be held to the proceedings the decision of the House on the appeal from his ruling. Unless I am under the rules affecting all other committees in regard to subjects mistaken, there was no appeal in the cases referred to by the Chair of general legislation. If this be not the rule now, it ought to be where decisions were made by Speakers Winthrop and Cobb. I am changed. Otherwise many subjects appropriate to the business of not sure about that, bnt the Chair perhaps has observed whether that other committees will be referred to the special committees invested is the case or not. Under the ruling of Speaker BLAINE, in the Con- with the high privilege of presenting their reports at any moment, gress before the last, his decision derived its authority as a precedent irrespective of the business which may occupy the House. It is a. from the fact that it became the decision of the House on appeal, and high privilege, which ought to be limited to privileged subjects of as such is by the rule expressly required to be recorded at the end of legislation, and the printing of documents presents a question of this the Journal. I do not say this as contravening anythin~ that the character. It must often be decided without delay, and the rule is Chair has now said, for I do not understand that the ChaiT has said framed to secure this result. Propositions to change the ~enerallaws anything in conflict with that decision, but rather in accord with it. relating to the general subject of printing are not of thiS character, The SPEAKER pro tempore. The Chair confirmed his decision with and ought not to enjoy this exclusive privilege. what Mr. Speaker BLAINE said. · Let me state a case which will show the House that I am right upon Mr. HOLMAN. On this question of order I desire to say a sin~le this point. There is a great difference of opinion upon the question word. There are two other committees of the House, the one m- of currency; and I have observed that gentlemen on all sides and trusted with the duty of raising revenue, and the other of making from different sections have been indisposed to admit propositions appropriations to carry on the Government, which committees are, that should subject the House to a decision of this subject by a ma- by-the rules of the House, invested with the right to report at any jority vote. Now, if the ruling of the Chair be correct, to-morrow time. I believe, however, it is generally 1mderstood that they may morning there may be brought before this House from the Committee report at any time only upon the subject-matters of the revenues of on Printing a bill on the subject of currency, or a bill changing fun- the Government and the appropriations to carry on the Government. damental provisions of our law upon any other matter; and the House Aa this is a question of the very highest importance in connection will have lost the control of the question, because it must be remem- with the current business of this House, I trust that the ruling of the bered a petition gives a committee jurisdiction of a subject of legis- Chair may be considered to be perfectly consistent with the assump- lation as completely as the reference of a bill. A member may file a tion that those two committees will still possess the right to report petition with the Clerk; he need not publish it in the newspapers; at any time only upon those subject-matters which immediately per- no member of the House will know what subject is embraced in it; tain to their deliberation, aud not upon any incidental matters which and if that petition goes to the Committee on Printing, or another from time to time may be referred to them. I understand that the having the same exclusive right, giving that committee jurisdiction ruling of the Chair is perfectly consistent wit.h that view, for it is of the subject, as it will.under the ruling of the Chair, and that com- very clear that the House would not desire to confer upon the Com- mittee having the right to report at any time, the House will be com- mittee on Appropriations and the Committee of Ways and Means the pelled to act upon any subject, no matter what it may be, at an in- right to report at any time upon the multitude of incidental matters stant's notice without prep·a ration and without any previous consent not directly connected with the revenues of the Government and ap- to the introduction of the matter. propriations from the Treasury. Now, that ought not to be. I do not mean to set this statement Mr. GARFIELD. Allow me to suggest in that connection that it against the decision of the Chair; but I suggest to the Chair and to has been repeatedly ruled that the Committee on Appropriations could the House that there ought to be some revision of this matter so that not report at any time anything but one of the twelve regular appro- every committee shall be held in regard to its privilege to exactly that priation bills; and last session it was ruled by the Speaker that when line of conduct which the House understands and directs to be pur- we had introduced and carried through a deficiency appropriation sued. I withdraw the appeal. bill an additional deficiency appropriation bill was not under our priv- The SPEAKER pro tentpore. The Chair would say that h6 especially ilege; that we had exhausted ~ur function when we had reported one avoided any difficulty such as is suggested by the gentleman from general deficiency bill, and could not claim the right to report subse- Massachusetts, [Mr. BANKS.] The l"uling of the Chair is based on quently another deficiency bill at any time. the recommittal of this third resolution to the Committee on Print- .Mr. HOLMAN. The rule creating the Committee of Ways and ing, with leave to report at any time. Means expressly limits that committee to reports upon the subject- Mr. SINGLETON. I now ask for the reading of the report. matter of the public revenue. The Clerk read as follows : The SPEAKER pro tempo're. The Chair has not gone further in his The Joint Committee on Printing on the part of the Honse of Representatives, decision than the subject before the House requires. When other sub- to whom was referred back one of the resolutions reported by said committee, con- jects come up upon which his ruling is required he will studiously taining an instruction to the Committee on Appropriations to insert certain sections in the sundry civil bill to be by them hereafter :reported to this Honse. having had endeavor to make that ruling according to the usual construction of the same nnrler consideration, have instructed me to report ba{lk the said resolution the rules. and bill accompanying it, With the following amendments: Mr. BANKS. I desire to say a word or two on this question of the In the second line of said resolution, to strike out the words "instructed to run- decision of the Chair. body," and insert in lieu thereof the words" requested to inquire into the expedi- ency of embodying." Mr. SINGLETON. I believe I am entitled to the :floor, the Chair Strike from section -, being by count the ninth section of the bill reported with having decided that the report of the committee is in order. the resolution, all after the word "for," at the end of the fourth line in said section, MI-. BANKS. If the gentleman from Mississippi [Mr. SINGLETON] down to and including the word" Congress," in the seventh line, and insert in lieu will allow me-- · · thereof "and durin~ the second session of the Forty-fourth Congress;" so that said section will reao. as follows : Mr. SINGLETON. I must decline to yield further. SEc. -. That from and after the close of the first session of the Forty-fourth Mr. BANKS. Then, for the purpose of getting an opportunity to Congress the printing and binding of the proceedings and debates of Conuress in say what I wish to say, I will appeal from the decision of the Chair. the same form as t.h ey now appear in the CoNGRESSIONAL RECORD shall be 3one by The SPEAKER pro tempore. The gentJeman from Massachusetts Franklin Rives, of vt ashlngton City, for and during the second session of the Forty- fourth Cong:ess, upon the terms stated in his proposal, &c. [Mr. BANKS] appeals from the decision of the Chair, and the question At the enu of said section, insert the following: before the House is, Shall the decision of the Chair stand as the judg- And provided further, That after the e;q>iration of the said second session of the ment of this House Y Forty-fourth Congress the printing and bmding of the proceedings and debates of Congress in the same form as they now appear m the CONGRESSIONAL RECORD shall Mr. BANKS. I do not propose in any way to set myself in opposi- be let by the Joint Committee on Printing of the two Houses of Congress by con- tion to the decision of the Chair upon this question. I want, how- tract, in writing, to the lowest resl?onsible bidder or bidders, after ad vertisin~ for ever, to call the attentionof the House to oneOl' two facts connected one month during the second sessiOn of the Forty-fourth Congress for bids w at with it which ought to be understood, and upon which, if the state- least one public newspaper in eoohof the cities of Washington, Philadelphia, Bal- timore, and New York, specifyin:,. in said advertisements tile work for which bids ment of the Chair shall be accepted as an absolute rule in all cases, are invited; and the said .Toint Committee on Printing of the two Honses shall the House will some time find itself in very great difficulty. take oond and approved security in the sum of $100,000, payable to the United States. The decisions of Mr. Speaker Winthrop and Mr. Speaker Cobb upon for the faithful and prompt performance of the contract entered into by said suc- this question do not apply, I think, to the business of the House and cessful bidder or bidders; said contract to cover the work for the two sessions of the Forty-fifth Congress, and t~ embrace all the provisions as to the character of its rules at the present time. A law h~ been passed which requires type, manner of making up the proceedings and debates, size and binding of vol- that every proposition relating to the printing of documents shall be umes thereof, paper t{) be used, stereotype plates tlr duplicates, and every other stip- referred to a committee, not by the House, but by the officers of the ulation in relation thereto doomed advisable by said Joint Committee on Printing. respective Houses. The House exercises no discretion and has no Mr. RANDALL. I do not think that· the modifications proposed in power in effecting this reference. A large class of papers are referred this report go to the extent that the House, from the tone of tho dis- to the Committee on Printing by the Clerk. 'rhis was not the law at cussion the other day, intended. There is yet retained a provision the time those decisions wer~ made ; and therefore, so far as the ru1 es that the printing of the Co~GRESSIONAL RECORD for the second se~:~­ existing then and now apply, the condition of the matter is not the sion of this Congress shall be awarded to a particular individual; in same. When the Honse refers a matter to a committee-the Com.: other words, it is proposed by legislation to make a contract with an mittee on Printing or any other--of course that committee has all individual named, excluding competition. Now I would like to 3152 CONGR;ESSIONAL RECORD-HOUSE. MAY 18, amend that part of the report so as to provide that the printing of Mr. BALLOU. I ask the gentleman from Missic;sippi to yield to the CosGRES IONAL RECORD for t he second session of this Congress, me for a moment. · a.S well us for subsequent Congresses, shall be open to competition. Mr. SINGLETON. I withdraw the demand for the previous ques- The gentleman from Ohio [Mr. VANCE] who sits behind me tells tion for that purpose. me that it will be all right; but in my judgment the way to insure Mr. BALLOU. Mr. Speaker, I assented to this reference in com- having matters right is to make them right upon the face of the mittee because I was unwilling to oppose anything like inquiry, but record. I therefore ask the gentleman from Mississippi [.Mr. SINGLE- I think this whole matter is wrong. The gentleman from Mississippi TON] to allo1V me to ofi'er an amendment that the printing of the has stated that what is proposed by Mr. Rives is $16,000 less, but, ac- RECORD for the next session of the present Congress, as well as for cording to the statement of the Congressional Printer, his proposition future Congresses, shall be open to competition. is $88,000, while Mr. Rives's is $93,000. Mr. SINGLETON. I will explain the report of the committee, and But it is said the Congressional Printer underestimates. Now I then the gentleman from Pennsylvania can see whether or not his think it can be shown that the committee have made.some mistakes objection will apply. as well as the Printing Office. In relation to the charge for gold-leaf Ah·. RANDALL. Certainly I shall be glad to hear the gentleman. of 57,000 it has been said one-fourth of that was wastage, making Mr. SINGLETON. Mr. Speaker, it will be remembered by the $14,000. I 1mderstand, however, that there is not more than 20 per House that the report simply recommends this resolution and the ac- cent. of gold-leaf of intrinsic gold value, making the one-quarter less companying bill shall be referred to the Committee on Appropria- than $3,000. tions for consideration. There is nothing to be determined at this Mr. SINGLETON. I wish the gentleman would yield to me for just time except the simple question of reference. one moment. I want to say tha,t the golu-leaf has nothing in the The first amendment which was made to the resolution by the Com- world to do with the CONGRESSIONAL RECORD. It does not touch this mittee on Printing in obedience to the instructions of the House was question in any shape or mannor whatever. to strike out the word "instructed" and in lieu thereof to provide Mr. BALLOU. It touches the matter of transferring the printing that the Committee on Appropriations be requested to inquire into of the RECORD to anybody else. And I wish to ~.;tate this: If there is the propriety of embodying certain matters in the sundry civil appro- a profit-and no private contractors would take the work without a priation bill. To that there can be no objection. It seemed to be profit-why should not the Government ha,ve that profit itself' And the wish of the Housewhen the resolution was recommitted that that if the present Congressional Printer does not do the work as econom- should be done. ically as it can be done, then there are men in the country who can It will be further remembered that by one of the sections of the do it. And why should not the Government make the saving of the bill accompanying the resolution the proposition was made to give profit that comes fmm this printing 1 to Franklin Rives for six years the printing of the Congressional Mr. Speaker, this whole matter, in my judgment, has been con- Glol>e or CONGRESSIONAL RECORD upon terms which he himself sub- ducted in an unsafe anll wrong manner. You, Mr. Speaker, and mitted. Now that section ha,s been modified to this extent: It is not the honorable chairman of this committee, and the members of com- now proposed to enter into any contract for six years, which the mittees of investigation of this House could not stand, ancl none, if House seemed to think was too long a time and would look like an they were as pure as the angels of light, could stand and have charges attempt to bind subsequent Congresses, but that has been modified to brought a,g ainst them by those who bad enmity and prejudice and the extent that he is only allowed to do the printing of the CONGRES- selfishness to minister to, while those who were accused were not SIONAL RECORD during the short session of the present Congress, and able to be present and face the charges. And I say that the Congres- when that time shall have expired then the whole matter is left to sional Printer has not had the opportunity of standing up before these the control of the Joint Committee on Printing to advertise for bids witnesses and cross-examining them and defending himself. -There and let the contract out to the lowest bidder with good sureties for is not a criminal in the land, however bla per cent. on every dollar's worth of gold-leaf that ent during t.he examination of witnesses; Now I am no lawyer and is used. That is the distinct testimony of the men who handle it. I am a novice in legislation, but I (lo feel that when a man is accused One word more. The gentleman has referred to the making of pri- he should have the privilege of standing up before his accusers and vate contracts. The old contract system was iniquitous. It worked cross-examining them. wrong to the Government, as I said the other day. But what was Mr. SINGLETON. I hope the ffentleman will take his seat and the result after its abolition f We find that a greater waste is made hear me through as I did him. I do not like to be interrupted at by the Government Office tbo.n was made by private contracts. We every step I take in answering his remarks. I now decline to yield find, too, that the expenditures have averaged $1,iOO,OOO a year for further to interruptions. You will have an opportunity to respond the last seven years, and that there has been a net loss to the Go-v- to what I say. I state here that the Congressional Printer was never ernment of not less than $500,000 a year. I am making no charges prevented from being present at the examination of witnesses, never now of fraud or corruption. I simply state facts, and gentlemen can refused the privilege of cross-examining them. I appeal now to my find them by an examination of the report. colleague on the committee, the gentleman from Ohio, [Mr. VANCE,] Now, the gentleman from Rhode Island has referred to "sliiYht" to state whether the Congressional Printer was ever excludecl from irregularities in the book-keepin~ of the Government Printin~ Office. the committee-room, or prevented from examining a witness. What did we find during this mvestigation f Mr. Clapp, tne Con- Mr. VANCE of Ohio. He never was. gressional Printer, was placed upon the stand first, that he might give Mr. SINGLETON. 1 stn.te again that he had the opportunity of com- the committee information in regard to the workings of the office and ing to the committee-room at all times and of being heard, not only the book-keeping there. He did so as far as it was in his power, or by himself, but, as the correspondence between himself and the com- professed to do so. 'Ve asked him all that we could think of in regard mittee will show, he had the privile~e of bringing counsel with him. to it. Every point that occurred to the mind of any member of the Mr. BALLOU. That was at the close of the investigation. committee was suggested to him; and :finally we sent for the cash- :Mr. SINGLETON. I will read the correspondence between Mr. books of the office. An examination of the cash-books revealed that Clapp and the chairman of the committee, in order that I may forever la.rge sums of money had not been entered upon these books at all. settle this question as to whether Mr. Clapp had the privilege of being We found that documents had been sold to various parties and ~he present and examining witnesses or introducing such Witnesses as he cash- books showed no entry of the transactions. From one ftrm alone chose. IV-108 3154 CONGRESSIONAL RECORD-HOUSE. MAY 18, Mr. FOSTER. From what page is the gentleman readingf was first put on the stand we allowed .him to send for his clerk to Mr. SINGLETON. I read from pages 10 and 11 of the report of the make explanations-- Committee on Printing: Mr. BALLOU. When the gentleman makes a cha.rge-- OFFICE OF TI:IE Co~GR~SIONAL PRINTER, Mr. SINGLETON. I wi1l not submit to further inteiTuption. Washington, Apri/,21, 1876. DEAR Sm: As I have been assured by your committee that! shall have the privi- Mr. BALLOU. I ought to answer the charge-- lege of reviewing the testimony taken in the printing investigation and of intro- The SPEAKER pro tempm·e. The gentleman from Mississippi is en- ducing rebutting testimony, aDnd Na- settled beyond any controversy. tional Bank, as a witness, who also bears testimony to the falsity of I might follow up these charges against the Congressional Printer the statement that Clapp had no bank deposits. Here are the ques- and show that in other respects he has been grossly delinquent; that tions and answers : he has received money-the receipts for which accompany the testi- Question. After examination of the books, what amount at any one time or at mony reported-from divers individuals and given his receipts for it various times did Mr. Clapp have on deposit before you become cashier 7 • which are before this House as exhibits, and yet there is not a par- .Answer. Not exceeding $15,000 or $16,000 at any one time. ticle of evidence on his books showing that that money came into his * * * Q. What amount has he now on deposit 1 * * * * hands. Do you call this honesty 1 Will you now vaunt your friend A. Not exceeding $1,800. aa an honest man in the face of the world with all these facts staring you in the faceT If they prove anything they prove just the reverse We next examined George H. B. White, cashier ·of the National of what the gentleman from Rhode Island has stated to-day. They Metropolitan Bank of this city. prove that there is no honesty, no soundness, no integrity in the Con- Question. What amount of money has Mr. Clapp had on deposit at your bank~ gressional Printer. Answer. I caunot say t.hat I have examined carefully into that but as high as $10,000, or more possibly, at a time ; not IllilDY times. I think, probably, hardly at If the Congressional Printer and his friends are a-nxious to have any time more than $10,000, and not that I know of more than on one occasion. • further examination into his acts and doings, ample time will 1Jo a.f- 3156 CONGRESSIONAL RECORD-HOUSE. MAY lS, forded. If he ca.n explain away what he has said himself, or can con · sworn to and so testified to that 43 per cent. of the gross profits were tradict any of the evidence aO'ainst him by his book-keepers, clerks, a political contribution to a political party. and foremen, let him do it and' produce his evidebce before this Honse, Now, there is another thing that can happen nuder the contract and perhaps its decision will be rever ed. But I venture the. asser- system to which I wish to call attention. When the printer was paid tion t·o-day that he cannot get out of the e charge.q unless he IS able so much per thousand ems on one occasion a new font of type was to shield himself behlnd the fact that he is an officer of the Senate procured, what is known as broad-shouldered type. It takes only and not responsible for his acts to this body. But I do not wish to two-thirds as many to fill a line as the original type, because under prosecute this matter any further. What I have done ha.s not been the old role the counting was so much per type; and the Government done in an improper spirit. I wish it to be distinctly understood that had to pay one-third more for composing in consequence of tho in- this was no pleasant task to me. I have not been the prosecutor of creased space occupied by the broad-shouldered type, which was an any criminal for years. I have been a practitioner of Jaw, and have increase of 33t per cent.; and this was just by the trickiness of cer- declined to take fees for prosecutions because contrary to my feel- tain firms in using certain forms of type; the letters were the sam~ ings and my heart. I have been defending law-breakers all my life. at the time, were broad-shouldered, anti ocoupieeing no objection, the bill (H. R. No. 3479) was received, joint resolution in reference to the acceptance of a statue of Ethan read three times, and passed. Allen. I have been waiting for several days for that purpose, but Mr. WELLS, of Mississippi, moved to reconsider the vote by which other business bas intervened. I a.sk that, if an evening session be tho bill wa.s passed; and also moved that the motion to reconsider be ordered, before the House goes into Committee of the Whole this laid on the table. evening upon the naval appropriation bill, I may be allowed to pre- The latter motion was agreed to. sent tba.t resolution for the action of the Honse and to submit some Ell.-nOLLED BILLS SIGNED. remarks upon the subject; also, that my colleagues may have an op- Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, re- portunity to submit some remarks. ported that they had examined and found truly enrolled bills of thfl :Mr. BLOUNT. I have no objection to that. following ti ties; when the Speaker pro tempore signed the same: The SPEAKER pro tempore. The gentleman from Vermont [Mr. An act (H. R. No. 2'286) to further provide for the building of a HENDEE] proposes that if a recess be taken he shall have the oppor- custom-house, post-office, court-rooms, &c., in the city of Memphis, tunity to can up this evening the subject of the Ethan Allen statue. Tennessee; Mr. O'NEILL. I suggest that we take a recess from. :five o'clock to An act (H. R. No. 2452) to extend the time to pre-emptors on pub- eight o'clock, instea.d offrom half past fonr o'clock till half past seven. lic lands; and Several ME~1BERS. 0, no. An act (H.R.No.3136)extending the timewithin which homestead Mr. GARFIELD. Is it the understanding that no business is to be entries upon certain lands in Michigan may be made. done this evening f Mr. BLOUNT. I said for general debate only. ORDER OF BUSIXESS. The SPEAKER pro ternpore. The Chair desires to state the arra11ge- Mr. RLOUNT. I now yield to the gentleman from NewY.Ork, [Mr. ment, so that there may be no conflict this afternoon or this evening. 'VARD.] .Mr. HALE. I wish to qualify a remark I made a moment a.rro in Mr. WARD. I desire to call up the special order, being House regard to the gentleman from Georgia, [Mr. BLOUNT.] He and fhad joint resolution No.14, authorizing the appointment of commissioners been talking about this matter, but it was not so lately as I supposed, to ascertain on whu.t terms a mutually beneficial treaty of commerce and afterward he may have had conference with the gentleman from with Canada can be arranged. New York, [Mr. WARD,] and wa.a undoubtedly doing what he thought :Mr. HALE. I rise to a question of order. · was fair. The SPEAKER pro tem.pore. The gentleman will state it. The SPEAKER pro tempore. The Chair understands the arrange- Mr. HALE. I desire to inquire of the gentleman from Georgia [Mr. ment to be that at the end of the speech of the gentleman from BLOUNT] if he proposes to call up the naval appropriation bill, in ac- New York [Mr. WARll] the naval appropriation bill shall come np· cordance with the understanding which has been had. Some of us that a recess be taken from :five o'clock till eight o'clock, as suggested have been waiting for days for that bill to be reached. by the gentleman from Pennsylvania [Mr. O'NEILL]-- Mr. BLOUNT. I propose to call np that bill in one hour and a half Mr. JONES, of Kentucky. - I (lesire to ask a question. from this time. The SPEAKER pro te?npore. The gentleman will allow the Chair to Mr. HALE. This is the :first intimation I have had that it was not state the proposition. When the House meets at eight o'clock the to be brought up directly after the printing matter wa.a disposed of. joint resolution in regard to the statue of Ethan Allen will come np ; Mr. BLOUNT. Perha.ps I should state to the gentleman from :Maine and when that is disposed of, the naval appropriation l>ill will be [Mr. HALE] what wa.s the umlerstanding. taken up for general debate only. Is there objection to this arrange- Mr. HALE. I have been in conference with the gentleman from ment f The Chair hears none. Georgia [Mr. BLOUNT] about the matter within ten minutes. Mr. BLOUNT. I understood that -half past seven was to be the Mr. BLOUNT. The gentleman is mistaken about that. I will say hour of meeting this evening. that I do not intend to do anything that is unfair. The SPEAKER pro tempore. That was modified by the gentleman The SPEAKER pro tempore. It is the understanding that the naval from Pennsylvania, [Mr. O'NEILL.] . appropriation bill will come up in one hour and a half from this time. Mr. BLOUNT. I did not accept the modification. . Mr. HALE. Supposing the gentleman from Georgia [Mr. BLOUNT] Mr. JONES, of Kentucky. I desire to know whether the gentle- yields the floor now, how does this matter of the gentleman from man from New York [Mr. WARD] is now to speak upon a bill fixed New York [Mr. WARD] come up f for this day f The SPEAKER pro tempore. As the Chair undel'Stands, the gentle- 'fhe SPEAKER pro tempore. He is. man is about to call it up. Mr. JONES, of Kentucky. Then allow me to ask what becomes Mr. HALE. Can the question of consideration be raised f of the special orders fixed for consideration on days previous to thhr, The SPEAKER p1·o tempore. If the gentleman chooses to raise that and which were not considered on those days T What becomes of question. those bills T Are they lost 7 Mr. BLOUNT. I do not raise it myself. The SPEAKER pro tempore. They are not lost. The SPEAKER pro tempore. It is always in order. Mr. RANDALL. Not if they were made orders to continue from Mr. WARD. I hope I may be allowed to proceed, and not have the da. to day. time consumed in thi~; way. The SPEAKER pro tempore. They are continuing orders from day The SPEAKER pto tempore. Does the gentleman from Maine [Mr. to day. The gentleman from Kentucky ha.s the right to raise the HALE] mise the question of consideration between the naval appro- question of consideration between those special orders and the busi- priation bill and the subject which the gentleman from New York ness of the Committee on Appropriations. [Mr. WARD] proposes to call upf Mr. JONES, of Kentucky. Then I desire to ask whether a bill Mr. HALE. I do not desire to yield any rights that I may have. fixed for to-day takes priority of bills fixed for previous days f Let me understand what the gentleman from New York [Mr. WARD] The SPEAKER p1·o terltpore. The·Chair understands that special proposes. I am opposed to the joint resolution which the gentleman orders take priority in the order of the time for which they were ftom New York has referred to, a.s are other gentlemen. If the gen- fixed. tleman from Georgia [Mr. BLOU.NT] has made an arrangement that Mr. JONES, of Kentucky. I would like to have this question t.he gentleman from New York [Mr. WARD] shall now make his speech understood. upon that subject, and that then the subject sh~ll drop, so that it Mr. WARD. I think I must call for the regular order. will stand as it does now, I will have no objection. Mr. RANDALL. I desire to say in reply to the gentleman from Mr. BLOUNT. That is the understanding. Kentucky that there is now being prepared by the proper clerk of :Mr. HALE. Not that it shall be considered as unfinished business T the House a list in chronological order of the various special orders; Mr. WARD. It will stand as a special order, following the appro- so that to-morrow, when that list is expected to be ready, we shall priation bills. . be able to see exactly what special orders there are and the relation Mr. HALE. There is to be nothing now more than the gentleman's in which they stand to each other. speechf 1\Ir. JONES, of Kentucky. Then I desire to put a question to the Mr. WARD. That is all. Chair. The SPEAKER pro tempore. And at the conclusion of the remarks The SPEAKER pro tempore. Tha Chair ha.s alreafly directed the of the gentleman from New York [Mr. WARD] the naval appropria- Clerk to make out such a list. It is being made at this time. tion bill will come up. Mr. JONES, of Kentucky. That does not answer my question. I Mr. RANDALL. I would suggest to the gentleman from Georgia desire to know ( a.nd I presume it is a parliamentary quest;i on) whether to ask that the House now make an order for a recess from half past bills which have been fixed for certain days and which were not four this afternoon to half past seven, the session of this evening to reached on those days must be fixed for other days ; or will they come be for general debate on the naval appropriation bill. up in order without fixing anew a Hme for their consideration 7 3158 CONGRESSIONAL RECORD-HOUSE. The SPEAKER vro tempore. If they are continuing orders, it is not climate well suited for the crops ordinarily produced in the cooler necessary to fix another day for their consideration. parts of the temperate zone. Barley, the grasses, and many root crops Mr. JONES, of Kentucky. I am speaking of bills fixed to be con- grow twelve hundred miles north of the same boundary. · sidered from day to day. These facts are significant proofs of the immense capabilities of the The SPEAKER pro tempore. The order in which tho gentleman is a~ricultural areas in the interior of the continent north of the forty- interested is a continuing order from day to day. nmth parallel. Westward from these regions-yet scarcely inhabited, 1\Ir. JONES, of Kentucky. I had an apprehension that bills fixed but of incalculable value in the future-are countries of yet milder as subsequent special orders were being allowed priority. climate on the Pacific coast, whose relations to California are already Mr. BLOUNT. Before the gentleman from New York [Mr. WARD] important. On the eastward are the rapidly increasing settlements, begins his remarks, I want it understood at what time the House is enjoying the rich .lands and pleasant climate of Manitoba, on the Red to convene this evening. H.iver of tho North, a stream capable of steamboat navigation for four The SPEAKER pt·o tempore. The Chair understands that the gen- hundred miles. tlaman from Georgia [Mr. BWUNT] insists on the proposition for a It is asserted by those who add personal knowledge of the subject recess from half past four until half past seven o'clock. to scientific investigation, that the habitable but undeveloped area of Mr. BLOUNT. Yes, sir. the British possessiOns westerly from Lake Superior and Hudson's Mr. O'NEILL. I merely made a suggestion; I did not offer an Bay comprises sufficient territory to make twenty-five States equal in amendment. size to Illinois. Bold aa this assertion is, it meets with confirmation The SPEAKER pro tempo-re. It will be understood, then, that the in the isothermal charts of Blodgett, the testimony of Richardson, recess shall be from half past four until half past seven. Simpson, Mackenzie1 the maps published by the government of Can- MESSAGE FROM THE SENATE. ada, and recent explorations. North of a line drawn from the northern limit of Lake Superior to A message from the Senate, by Mr. Snn>so~, one of their clerks, the coast at the southern limit of Labrador exists a vast region, P9S- announced that the Senate had p:lllsed, without amendment, bills of sessing in its best parts a climate barely endurable, and reaching into the following titles : the arctic regions. This country, even more cold, desolate, and bar- A hill (H. R. No. 1218) making appropriations for the payment of ren on the Atlantic coast than in the interior latitudes, becoming claims reported to Congress under section 2 of the act approved June early known to travelers, has given character in public estimation to 16, 1874, by the Secretary of the Treasury; and the whole north. A bill (H. R. No. 2018) to authorize the Exchange National Bank of Another line, drawn from the northern limit of Minnesota to that Pittsburgh, Penusylv::mia, to improve certain real estate. of Maine, includes nearly all the inhabited portion of Canada, a coun- The message also announced that the Senate had passed a bill of try extending opposite the Territory of Dakota and States of Min- the following title, with amendmonts; in which the concurrence of nesota,Wisconsin,Miohiga.n,Ohio,Pennsylvania,NewYork,Vermont, tho House was requested: New Hampshire, and Maine, possessing a ol.i..mato identical with th!i.t .A bill (H. R. No. 2441) authorizing the appointment of receivers of of our Northern States. national banks and for other purposes. The message also announced that the Senate hnd pnssed a bill of THE MARITIME PROVINCES. tbe following title; in which the concurrence of the House was re- The "maritime provinces" on theAtl~ntic coastinclndeNew Bruns- quested: wick, Nova Scotia, Prince Edward Island, and Newfoundland. A bill (S. No. 677) granting a site for an observatory to the trustees Geographically they may be regarded as a northeasterly prolonga- of the Lick Observatory of the astronomical department of the Uni- tion of the New England system. Unitedly they include an area of versity of California. at least 86,000 square miles, and are capable of supporting a larger RECIPROCITY. population than that at present existing in the United States or Great The House, according to order, proceeded to the consideration of Britain. They are equal in extent to the united territory of Holland, the joint resolution (H. R. No. 14) authorizing the appointment of Greece, Belgium, Portugal, and Switzerland. commissioners to ascertain on what terms a mutually beneficial treaty The natural interests of New Brunswick and the adjacent ~tate of of commerce with Canada can be arranged. Maine are inseparably connected. New Brunswick has an area of Mr. ·wARD. Mr. Speaker, at the present time, when ca.,pital seeks 22,000,000 acres and a sea-coast four hundred miles in extent and investment, interest is reduced beyond all precedent in this country, abounding in harbors. It had at the census of 1871 a population of wages are lowered, immigration decreases, the value of our exporta is 285,594, being nearly equal to that of Nebraska, Nevada, Oregon, and diminished, nnd hundreds of thousands of our people are in search of Colorado. The chief occupations of its inhabitnnts are connected work by which they may earn ali velihood, it is the duty of wise states- with ·ship-building, tho fisheries, and the timber trade. Judging men and sound patriots to do tbe utmost in their power to promote the from authentic surveys and records, it is scarcely possible to speak too return of prosperity by such measures as will best extend the sales of highly of its climate, soil, and capabilities. Few countries are so our productions and promote our carrying trade and commerce. well watered and wooded. On its uureclaimed surface are lttrge Hitherto, intent upon the development of our unparalleled resources, stocks of timber; beneath are coal-fields. The rivers, lakes, and sea- and having a sparse population, we have paid too little attention to coast abound with fi h. external trade and the encouragement of foreign markets for our Nova Scotia, a long peninsula, united to the American continent products,espeoiallyforthoseofourmanufactories, thenumberofwhich by an isthmus only fifteen miles wide, is two hundred and eighty we have stimulated to an extent far greater than is commensurate miles in length. The numerous indentations on its coa11t form har- with the demands of our own population. bors unsurpassed in any part of the world. Including Cape Breton1 There is no more obvious remedy for this state of affairs at present, it has an area of 12,000,000 acres. Wheat 'lrnd the usual cereals ana nor any more sure and stable foundation of our prosperity in all time fruits of the Northern States flourish in many parts of it. Its popu- to come, than the extension of our commercia.! relations with the ad- lation in 1871 was declared by the census to be 387,800. Besides jacent countries on this continent-on the north with Canada, nd possessing productive fisheries and agricultural resources, it is rich on the south with Mexico. in mineral wealt.h, having beneath its surface coni, iron, manganese, gypsum, and gold. . EXTE:\""T AND RESOURCES OF CA...~AD.-\. The province of Prince Edward Island is separated from New We yet seldom appreciate at their great and practical value the im- Brunswick and Nova Scotia by straits only nine miles in width. It portance of the vast regions north of the United States on this conti- s crescent-shaped, one hundred and thirty miles in length, and at its nent. Stretching from the Atlantic to the Pacific Ocean, they con- broadest part is thirty-four miles wide. It is a 1evel region, of a more tain an area of at least 3,478,380 square miles ; more than is owned by moderate temperature than that of Lower Canada, and well adapted the United States, exclusive of our newly acquired territory in the to agricultural purposes. far northwest, and not much less than the whole of Europe with its The island of Newfoundland has a sea-coast of one thousand miles family of nations. No small proportion of these Territories consists in extent. It has an area of 2.'3,040,000 acres, of which only a small of barren and inhospitable regions in the extreme north; but, as a portion is cultivated. Its spring is late, its summer short, but t.be recompense, the arid plains extending through Texas, and thence frost of winter is less severe than in many parts of our own northem northward beyond the limits of the United States, are comparatively State~ and Territories. It is only sixteen hundred and sixty-vfie insignificant as they en~er the British possessions, where the Rooky miles distant from Ireland. It possesses a large trade with various Mountains, being less elevated and having a narrower base, admit the countries, including Spain, Portugal, Italy, the West Indies, and the passage of the clouds from the Pacific Ocean, bearing ample rain with Brazils. its fertilizing influences into the interior of the continent. By the The chief wealth of Newfoundland and of the Labrador coast is same cause tbe climate is tempered. to be found in their extensive and inexhaustible fisheries, in which . 'rhe isothermal line of 60° for summer rises on the northwestern the other provinces also partake. The future products of these, wben plains as high as the sixty-first parallel, its average position in Europe; properly developed by human ingenuity and industry, defy calcula- and a favomble comparison may also be traced for winter and the tion. The Gulf Stream is met near the shores of Newfoundlaml by a other seasons of the year. Spring opens almost simultaneously for a current from the polar basin, vast deposits are forme(l by tbe meet- distance of about twelve hundred miles on the vast plains reaching ing of the opposing waters, the great submarine islands known as northerly from Saint P aul. Along the valleys of the Red, Assina- "The Banks" are formed, and the rich pastures created in Irehlnd by l1oine, Saskatchewan, and Mackenzie Rivers, for more than seven hun- the warm and humid influences of the Gulf Stream are compensated dred miles nor th of the limjt of the United States, wheat has been by the "rich sea-pastures of Newfoundland." The fishes of warm or grown, yielding most almnd!tllt returns, thus indicating a soil and tropical waters, inferior in quality and scarcely cap:Lule of pre.serva- 1876. CONGRESSION.AL. RECORD~HOUSE. 3159 tion, cannot form an article of commerce like those produced in in- climates, in part those of onr Southern Stat.es and in part of regions exhaustible quantities in these cold and shallow seas. The abundance yet farther south, whose products would thus be brought 1hrou~h our of these marine resources is unequaled in any other portion of the territory, and afford employment and profit to our peo1•le, witn ad- globe, except where similar conditions exist in the northern Pacific vantages to all the countries which would be parties to the arrange- ocean. ment. Our agriculture, manufactures, and carrying trade would alike ONTARIO Am> QU.&BEC. be benefit-ed, and the natural operation of the laws of trade would The provinces of Ontario and Quebec, ktiown as Canada, before necessarily confer corresponding benefits on those for whom our work tbe union with the Dominion, include an a1·ea of not less than 185,- would ue done and with whom our exchanges would be made. 115,607 acres, independently of the northwestern regions yet scarcely The trade between the northern and southern parts of this conti- open for settlement. Their territory is three times as large as that nent mnst attain enormous proportions. It is very desirable for our of Great Britain and Ireland, and more than three times that of people that it should as soon as possible be dev;eloped to the utmost. Prussia. It intervenes between the great northwest and the mari- Its natural course will be through the central or intermediate States, time provinces, ancl consists chiefly of a vast projection into the ter- creatin~ in ~hem commer.cial interests of a magnitude which !t is ritory of the United States, although it possesses a coast of nearly almost 1mpossib1e now to calculate. The mutual benefits thus giVen one thousand miles on theriverand gulf of the Saint Lawrence, where and received would be perpetually diffused and circulate in every fisheries of cod, herring, mackerel, and salmon are carried on success- vein and ru-tery of commerce and manufactures throughout the Union fully. Valuable fh:1heries exist also in its lakes. It is rich in metallic and ue accompanied with the gratifying knowledge that they were ore and in the resources of its forests. . Large portions of it are pecu- derived from the prosperity of our neighbors in other countries. 1iarly favorable to the growth of wheat, barley, and the other cerea.ls RECIPROCITY ArPROVED BY LEADING STATESMEN OF DOTH PARTIES. of the North. AB the n:ttumlly interdependent commercial relations of the United Within thirty-five years, or less than the life-time of nearly all who are now hearing me, the population of Ontario and Quebec has in- States and Canada n.rise from geographical and climatic causes which creased about fivefold, or from 582,000 to 2,812,367. are permanent and unchangeable, and the cost of la.bor and the inter- el:lt on capital in both countries are, reckoning from a series of years, THE PEOPLE OF CANADA. ~ nearly alike, they have from the beginning of our history attracted The population of the Dominion of Canada and the other posses- the attention of our len.ding statesmen without distinction of party. siQns now exceeds four milliolis, being more than that of Arkansaa, During the Presidency of General Jackson, Mr. Van Buren, when Cnlifornia, Delaw.are, Florida, Kansas, Louisiana, :Maine, Minnesota, writing in 1829 to Mr. McLane, then our minister at the court of St. Nebraska, Nevada, and New Hampshire, added together, at the last James, referring especially to the North American colonies, said: census. Many of their inhabitants are of French extraction, and o. The policy of the United States in relation to their commerciw intercourse with fe'v German settlements exist; lmt two-thirds of the people of the other nations is foUllded on principles of perfect equality and reciprocity. By the provinces owe their origin either to the United States or to the Brit- adoption of these principles the.v have ende:wore(l to r~lieve themselves from the ish islands, whose language we speak, and who "people the world discussions, (liseontenta, ruul embarrassments insepar:J.ble from the imposition of with men industrious and free." The identity of language in contig- burdensome discriminations. These p1inciples were n.vowed while they were yet 11truggling for their independence, are recorded in their first treaty, and have been uous countries is a fair exponent of the tenuency to amalgamation .. 1\dhered t<1 with the most scrupulous fidelity. It generally implies great similarity, if not iuentity, of religion, laws, and habits, the essential elements of thorough fusion. The exceptional chara.cter of our natural commercial relations with NATURAL COilliEHCIAL RELATION. Canada. has also been duly obser\"'ed by some of tho most eminent ad- vocates of what is termed a "protective" policy. One of the chief Apart from the artificial regulations hy customs-duties, the ex- argnmentM iu its favor is that against admitting the products of changes of the products of labor betwe-en the peop1e of the United "pauper lauor" to compete with those of our own citizens. It has no States and their neighbors on the north would ue as intimate and, in force in reference to a contiguom~ country, from which people can 1uoportion to the population, at least as various and comprehensive, pa.ss to the United States in a few moments or at most a few hours. as those of the States of our Union with each other. In fact the com- The other argument of the same cia s of theorists is derived from the mercial relations of our northern, northwestern, and eastern States importance of a "home market." But a. "home market" is the mar- with tho Dominion of Canacla, if left simply and without obstruc- ket nearest home, and this is furnished by the respective countries to tion to t.he practical test. of benefits or profits given and recei veu by each other at every point of their coterminous te1-ritory. the people of uoth countries, would be more close and intimate than .Mr. Clay, who waa called the father ofthe "protective'' system, duly those between most parts of the Union. The great lakes, which for appreciated thesefacts, and from his stand-point added valuable testi- some t-housands of miles politically separate us, are themselves among mony to the uniformity of opinion among American statesmen in his the cheapest and most useful means of intercommunication for the time, and his conviction as to the policy by which he desired our coun- northwestern and eastern States, and, with the majestic river through try to ue guided. which their waters flow, have long furnished, by aid of short canals, one of the most important channels of trade and travel from the in- The GoYerument of the United States- terior to the ocean, and thence to the chief markets of the world. Resaid- Nearly three-fourths of the people of the Dominion inhabit a terri- has always been anxious that the trade between them and the British colonies tory in latitudes south of our boundaries in Uaine and Minnesota. should be placed on a. liberal and equitable basis. There has not been a. moment since the auoption of the 11resent Constitution when they have not been willing to Across this region, and especially the peninsula between Lakes Huron apply to it pnnciples of frur reciprocity and equal competition. and Michigan, is the direct line of communication between the St.a tes of Maine, New Hampshire, :Massachusetts, Rhode Island, Connecticut, As time has passed and the country on both sides of the frontie1· and New York on the one side, and Michigan, ·wisconsin, Minnesota, has become more closely inhabited, farms, villages, and cities taking and all our Territories west of them on the other. the pla~e of the primeval wildemess, the value of the intercourse of DIPORTANCE Oi' FREE EXCHA..~GES WITH CAJ.~ADA TO ALL PARTS OF THE UNION, the people has immensely increasecl. When Mr. Clay and Mr. Van Buren deemed it important the population of Canada. was insignifi- Great as the value of transit through Canada is to our people, sim- cant. It is now larger than that of all the six New England States Ilar freedom through our territory is perhaps even more important to a-dded together. the Canadi:ms. Excepting the maritime provinces, the whole of the The interests involved and the benefits each country can confer British North American possessions until they approach the Pacific upon itself by due emancipation of its industry are so many and ob- Ocean is dependent nrlon the railroads, canals, rivers, and other means vious that they will continually demand discussion until they are fuJly of communication in the United States for the short-est routes to the settled on the basis of perfect freedom and our tra·d e with Canada is ocean. Fortunately, what is in this respect almost the necessiLy of as unrestricted as that of our different States among themselves. It the Canadians is one from which must result the employment of our is our duty to 1·egard these questions practically, avoiding alike on people and profit to our forwarders on such a scale that it will confer one side the inconsiderate ha-ste which might result from political conspicnous national benefit upon us if we do not prevent the natural sentimentality, and on the other the influence of the absurd and per- interests of the people from attaining due and harmonious develop- nicious dogma which carried to its logical results would put an end ment. More than that, the great natural, permanent system of ex- to 8Jl trade, individual a-s well as national, that whatever is profit- changes is between the North and South; their productions being able to others must be injurious to ourselves. necessarily distinct, and modern civilization having rendered them practically necessaries of life to the people of each region. TDE MAG~UDE OF CAJ.'00, the people demanded its utili- bonded debt of the country is consequently $3,610,157,430.41. - zation by forcing it into circulation. They would be glad to see this In the foregoing calculations no account is taken of the vast amount circulation still further promoted by securing- to the citizen who may of bonded indebtedness of those business corporations which embrace have bullion the right to go to the mints, unaer governmental regula- in a sort of governmental form miniature communities of men; nor tions, and have coined his silver bullion on payment of the seigniorage. does it embrace the contingent liability of the States and municipal Yet some of us do not think it either the part of wisdom or sound corporations, which may have to be paid, and which in the commer- pohcy to assume either the responsibility of directing the Secretary cial world so much affects their credit; nor does it embrace individual of the Treasury to execute the blundering legislation of the republi- indebted.ness. can party in the resumption act or to authorize him to issue more Furthermore, the American people, unlike the English and French, gold-interest-bearing bonds to buy up a depreciated and fluctuating are not the holders of all their obligations, so that the interest money silver metal which, under theretinementof preYailing jobbery, might paid by the debtor to the creditor class passes from one citizen to inure more to the benefit of the "bonanza" kings than the people. another, whereby it is kept in circulation iu their midst; but from For one, I cannot give my consent to involve the Government in ad- the most authentic statistics, freest from exaggeration, it may be as- ditional bonded indebtedness until all honest, determined effort be serted that our foreign debt is not far from $15,000,000,000; so the vol- made in other directions for financial relief. The curse of this coun- ume of int-erest money to meet these obligations annually flowing try to-day is its bonded J?-d its i.gnoble strifes, be sought alone read us nowadays from certain quarters, on the necessity and pro- that peace and happmess whwh spnng from honest indtlStry and a priety of maintaining our foreign credit. I sometimes feel like that competency. proverbial wit of illustration, Patrick Malloy, who had jnst laid in As had beet?- his ctlBtom for many years, lie planted a few acres of a fa~ pig and a j ng of the "0, be joyful:' fo~ "swate Christmaa," when tobacco on thts homestead where he bad reared his family. To one a friend called and announced the arnval m town of a relative from ?f his neighbors be bad sold fifty cents' worth of tobaccd. Learning " Onld Ireland." Pat said "Dem his eyes, I don't want to see any m a few days that be had violated a law of the United States stat- furrin relations; theys always hungry and dry buggers." I could al- utes, like an honest man he went to his neighbor to make restitution. most wish sometimes we bad no foreign relations. They are a hnn- But the .greedy eye of the lurking spy wa.s on him and he wa.s gry set, crying for gold. We have public men and politicians in this arrested. When his case was called this venerable old man stepped country who seem to think that the whole financial policy of the inside the bar and with a voice and face every tone and lrneament of country ought to be based on the enhancement of the value of our which bespoke the trnth more eloquently than the advocacy of any foreign-held obligations. It was this that in 1869 induced Congress coun~el, ~e told his plait?-, unvarnished story, which was corroborated to change the 5.20 bonds to gold bonds, thereby defrauding the people by hts nm~hbors. The Jndge looked upon him with a pityinrr eye • out of millions of money. but the co1d1 nnrelenting rigor of the revenue law was snch that n~ The first duty of an American Congressman is to the people of his mercy 'Yas tne.re, and the verdict of guilty went upon the record. ow~ country. If there be one ~peci~l case wher~ the maxim" Charity . This IS but one of many suchinstancesilltlBtrative of a bad law and begms at home" could be apphed With all conslStency and propriety Its worse enforcement, by which the little homes and their all are it is in our legislation. A government accredited abroad at the sac- swept from the poor, unsuspecting, and uninformed. Let it be modi- rifice of the home comforts and manhood of its own citizens is but a ~ed. Let there rest upon our public statutes no law that has not in giant monster, which, while it commands the attention of the world 1t the elements of mercy and reason. Let us strike down in our whole tramples down its own subjects, and in its very presence the spirit of revenue system the prize-money of the spy and informer who are true liberty pales and dies. but sleuth-hounds to scent the heels and beset the hom~s of poor The gentleman from Pennsylvania, Judge KELLEY, said on this farmers and workingmen. This is not the game for which in our pub- floor not long since that "the American people are patient asses." lio enactments we should set the fowler's net. If one-half the virri- They certainly have been patient; but Josh Billings said he had lance disp~ayed by these hirelings in hnnting down, without discreti~n known a mule to wait twenty years for a good chance to kick a man's or humamty, honest men had been exhibited in other directions the b~ain.s out;. and, if thls disposition of the mule be inherited, may not pampered parasites of the Government, who have rioted for yea~ in hts "illtlStnous ancestor" some day ere long turn his heels upon those palaces of splendor and luxury under tho very eye of power on stolen who have been so severely testing his patience with burdens grievous money, would long since have adorned niches in a felon's cell instead to be borne and kick them out of time and place. of the t?-awing:rooms and par~o!S of stilted society. ' See what these people have borne. Since 1863 there have been col- No htgher evidence of the VlClOtlBness of the present internal-reve- l~cted from them by way of internal revenue, 2,086,590,703.88, and nue system could be adduced than the fa.ct that with four taxable srnce the close of the war 1,9-28,441,762.43; customs receipts since articles the officers and employes for its enforcement number 3 734 t.he war, $1,910,445,897 .25-making an aggregate paid by these people exclusive of depno/ collectors, at an expense in the last fiscal ye~r of directly and indirectly, into the public Treasury in the last ten years' $5,606,000 ; penalt.Ies collected from the people under it amonnt to 3,838,887,659.68. If we were to add to this the snms which the offi: $.331,933)000.02; the amount paid to informers, excltlBive of moieties, cials actually gathered from the people and stole, like one of Wilkie is $231,317.94. YMI'XEE BHREWDNESS. Collins's heroes, Captain Wrag, who, when he stole money from his employer, entered it in his private book account as a "self-presented Dr. Bul_l Rn~ Russell, '!ishing to ex pre~ delicately the corrupt habits testimonial of merit," the amount wouldexcecd 4,000,000 000 nearly of a certa"!-ll prmce of. India,. wrote: "He 1s a very able man with strong enough to have pnid off the entire public debt if the Gove:nm~nt had corumer01al tendenctes whiCh are developed to benefit his own inter- been frugally and honestly administered. ests.". So the.l?ng domina~t element in this Congres , possessing un- OUR EXCISE LAWS. questioned ability, have legislated to benefit most their own interests. J? 1870when a taxw/18 imposed on incomes and salaries the amount It is an instructive lesson suggestive of how far beyond all intend- of mternal revenne collected from the different States was more nearlv ment of the founders of the Government we have traveled in these equal; but with its abolition the following table shows how the great la.tter days to read Madison's disctlSsion in the },ederalist, (No. 45,) bulk of this bnrden rests upon the So nth and West : 1876. CONGRESSIONAL RECORD-HOUSEo 3167 .A.nwttnt of inconte paid in 1870 and 1875. TARIJ.'F. Not content with all this, she joins bands with the Key-stone State Sta.tes and 'l'erritories. 1870. 1875. and a few recruits scattered over other States, armed and equipped as they are with every offensive and defensi\re weapon, bright and gleaming wit.h the burnish of syllogism, antithesis, ·and sophism, to .Alabama. ...••..................•......•..•••••... . $595,700 17 $115,689 37 bo later up and continue that relic of barbarism called a protective tariff, Ali?.Olla. .• ••.•.•••••••••.•.••.••••••••.••••••.•.••. 15,616 43 10,263 06 but which it will be hard to persuade a plain man, not a participant Arkansas .......•....•.......... -- ...........•... 369,2M 10 75, 377 44 California .•.........•.........•.•.••............ . 4, 602, 439 31 2, 988, o:f3 26 iu its monopoly, is not a license to nine millions of people to rob thirty- Colorado .........•...•••••.•......••••. ..•...••••. 73,910 34 70,531 82 one millions. Connecticut ........•.....•........•.•........... . 2, 564, 477 14 6'27, 717 96 A half a century ago the argument of the high tariffites was that Da.ko~ .••••••••••••••.••••••••.•••••••••..••••.. . 8, 715,61 10, 0~0 18 our American manufactures should be protected during the country's Delaware .•.................•••.•................ 451,985 70 360,331 03 District of Columbia. .....•••••... ...••••... .. ..•.. 514,482 20 112,226 69 infancy, but when the country was maturer and its position among Florida. ....••........•..•..••..................•.. 106 318 42 184,777 59 the commercia.! powers of the world was assured, then the fostering 1, 14~ 241 3:1 ~\:'~~~~::: ::::::::::::::::::::::::::::::::::::::. 388 226 84 hand of the Government might be withdrawn. Well, this Republic 65,424 05 19,136 00 is now one hundred years old-~ rather tough old infant, and with Illinois ...••..•••••••••••.....•.•••••.•....•...•. 18, 364, 3G6 66 17,634,626 71 Indiana .......................................... . 5, 045, 0'23 82 4, 65.'3, 789 05 t.eeth so sharp and keen as to make it a little unpleasant, I should Iowa ......•.•.••.••.•••....•....•.•...•.....•.... 1, 377, 981 34 1, 040, 217 69 think, for it to be tugging at the paps. Bnt the Vulcan of the iron- Kansas ......................................... .. 343,23115 133,685 86 works of Pennsylvania, Judge KELLEY, whose transcendent ability t:tti~~~I. :::::::::::::::::::::::::::::::::::::::: 9, 8B7, 623 73 9,0~.587 88 2, 981. 524 ()'~ 606,264 38 enables him to serve a bad cause as well as a good one, comes forth Maine ................... ................. ....... . 807,2-24 36 107,473 15 to forge a new argument to take the place of the old worn-out one. Maryland ....................... : ................ . 5, 438, 472 91 2, 760, 736 57 He argued on this floor not long since that when the Government was Massachusetts ................................... . 10, 684 090 19 2, 708, 014 29 young, dependent, and undeveloped a free trade might be needful; Michigan ........................................ . 2 918,987 :m 1, 931, 2.~4 80 but when it had grown into full manhood, and its mines and mann- Minnesota ................................. ...... . 467, 8i9 15 228,362 45 ~~=:r~i-: :::::::::::::::::::::::::::::::::::::: Montana ....... ~ ................................. . 284, 792 49 6, 004, 2i8 11 103,555 55 96,967 92 factures pervaded, then protection was an absolute nece83ity! Both 4, 5!l4, 875 31 of these arguments and theories cannot be true. And a plain, fair, 23, G66 10 free-thinking man will more than suspect that wllen the one has Nebraska. ...................................... .. 308,501 51 292,472 30 NtJvada ......................................... .. Hl?,027 45 58,803 30 served its purpose, if it be at once abandoned for another, both are New Hampshire ................................. . 632,407 38 299, 3S9 55 probably impudent shams and pregnant falsehoods. New Jersey ..................................... . 4, 075, 359 85 2, 363,469 41 A tariff for revenue may be tolerated as a sacrifice of individual in- New Mexico ..................................... . 46,827 2~ 22,666 19 terest for the maintenance of Government, but when its object goes New York .......................... : ............ . 36, 3ii1, 550 as 15, 238, 881 81 North Carolina .................................. .. 1, 398,719 95 1 ~m 42.1 58 beyond that to build up individual interests at the expense of the many, Ohio ...................................... ... ... . 19, 568, 743 80 14: 662, 720 17. it is a perversion of the very objects of just Government and a travesty Orejl:on ........................................... . 329,212 01 47, !)39 64 of democratic institutions whose chief element is equality of right. ~t~ii:~d :::::::::::: :::::::::~:: ::::::::::::: 16, 748, 704 05 6, 151,960 04 1, ~2, 376 69 2.11, 978 00 The Wgheat right pertaining to property is the right to freely exchange it for South Carolina ................................... . 412,039 59 12"2 277 92 other property. . Tennc&eo ................. ...................... . 1, 470, 859 57 861:645 2-3 Texas ........................................... . 390,954 33 258, 2'J7 29 When therefore, a farmer on his own homestead, with his own lTtah ............................................. . 46,296 41 34,899 68 hands, raises more corn and wheat than be consumes, and under the Vcnnont ....................... .................. . 352,316 65 58,582 18 privilege which is his goes to a foreign market with tllis surplus and Virginia. .............................. · · •• · · · · ·- · · 5, 4!l6, 351 39 7, 660,921 20 exchanges it for what he needs most for home use, such as woolen ~=r:fli~~ ~:::::::::::::::: ~:::::::::::::::::: 83,272 63 21, 146 60 756,967 15 508,868 20 cloth, that cloth is as much the product of his toil and sweat as 2, 363, 015 03 2, 72'2, 076 75 though he had produced the raw material and fabricated the cloth ; Wyoming ............... ........... - ............. . 25,879 8-2 11,942 11 and when he is stopped on his return trip at our port of entry and ----·-·1----- told that he must pay a duty on this cloth of 50 per cent. for the pur- Tota.l . • . • • • . .. . . . • . . • •• • • . • . • . • . • . • • • . . . • . . 167, 560, 107 49 103, 771, 664 60 pose of protecting some home manufacturer, he can never be made to understand that it is a "blessing in disguise." When the poor me- From the State of ~!i83ouri alone,~ th a population of about 2,000,- chanic or day laborer has worked bard all day for hls one dollar or 000, there was collected in 1875 $4,594,875.:H, while the whole six New dollar and a half, and goes home to find his little ones shaking and England States, on an aggregate population of about 3,500,000, paid burning with malarial fever, and he must go to a. druggist and pay only $3,989,810.751 less by 603,046.0~ than one western State. $2.20 for an ounce of sulphate of quinine instead of $1.56, only be- SAVINGS L!'iBTITUTIOXS. cause t.wo' companies in the State of Pennsylvania are engaged in it.s On the 1!:!th day of June, 1874, an act of Congress was passed ex- manufacture, he can never be made to feel happy and content as be empting from taxation all deposits in associations known as provident returns home to sit with supperless stomach chewing the cud of or savings institutions on sums not exceeding $2,000. This exemption Judge KELLEY's philosophy on the blessings of a tariff to the poor is not confined, as nuder the law of 1866, t.o that class of institutions man. Doubtless if the judge's constituents had had erected near by havingnocapital stock and doingno banking business, butisextendeu a butcher-stall when it rained meat over in Kentucky, he would have to those of like name having a capital stock and declarin(J' dividends. cited precedent and" drawn the thread of his verbosity" for the estab- Under the operation and cover of this L'l.wthe six New England States lishment of a port of entry for foreign meat in Bath County! This in May, 1875, on an invested capital of $13,291,767, had a deposit ac- phenomonal shower undoubtedly did interfere with ''home indus- count of $432,077,436, making an aggregate of $445,369,203, of which tries," for it is said that every" mother's son" of the fifteenth amend- there was taxable only the sum of 70,625,228. The single State of ment quit all manner of work and sat down to rejoice, and sang- Missouri had in such banks a capital df 9,226,683 and deposits $3-S,- ! tells yon, niggah, once for sho', 723,844, making an aggregate of 44,950,5271 while her taxable sum Dis chile work ueber any mo' ; For you kin jes look to the groun', for the same period was 4S,19'2,328. Where de Lord frows de mutton down. The Commissioner of Internal Revenue in his late report shows that the average amount of capital held by these banks and bankers, not J onrnals like the Bulletin belabor us with essays to prove that pro- national, in May, 1875, was $200,316,008; that the average amount of tection cheapens the price of commodities. If its tendency be to re- ~lleir deposits ~n t_he same month was $1,346,014,81:3; the total of cap- duce prices to a starveling grade, why is it that the manufacturer clam- Ital and depostts m the same month·was $1,546,3.10,911. The amount orsforits continuance T If there be one characteristic of the American of the taxable capital and deposits of these banks and bankers during more conspicuous than another, it is that he does not expend his said six months was only $780,494,076, or a little more than three- energy and talent willingly except in the line of hispersonalaggmn- quarters of a million of dollars, while the amount of the actual capi- d.izement. If a duty of 25 per cent. should cheapen the commodity tal and deposits of these same institutions was iu round numbers in the same ratio by the argumentum ad absurdam, a duty of 100 per $1,546,000,000. The Commi83ioner says: cent. ought, upon the same parity of reasoning, to make it sell for It will also be apparent from the table how unequally: this taxation is distributed nothing. And if protection so modifies the price of the commodity, a,m.ar the character of a "promise to pay." since in either case it would become a ise. Like that of an individual, its value depends wholly upon its purchasable commodity, and the money of the nation most not be purchasable. being performed-paid; and it is only in that faith that it circulates In his address before the New York Board of Trade, delivered Oc- among the people. The act of Government making it legal tender tober 14, 187_5, Ron. Benjamin F. Butler says, page 19: cannot give a permanent value to it. Replacing it with a new prom- Third. I want that dollar- ise, whether a bond or otherwise, will give it no more value. Noth- Speaking of the dollar which he would introduce in his system of ing but payment or belief in payment can give a permanent value finance,:_ to a promise. Payment in lies is poor stuff, no matter who tells stamped upon some convenient and cheap material of the least possible intrinsic them. value, so that neither its wear nor its destruction will be any loss to the Govern· I trust the House will pardon me for the liberty I have taken in ment issuing it. calling attention to these, as they appear to me to be, self-evident Fourth. I also desire that the dollar be made of such material, for the purpose truths, because they are directly contravened by the teachings of Americanthat it shall never be exported or desirable~ can·y out of the country. Framing an system of finance, I do not propose to adapt it to the wants of any other able men upon thi1:1 floor and throughout the land-teachings which, nation, and especially the Uhinese, who are nearly one-quarter of the world. although they may be popular for a time, are in my judgment of per- Fifth. I desire that the dollar so issued shall never be redeemed. I see no more nicious effect upon the business and honest.y o:f the country; and I reason why the unit of measure of value should be redoomed or redeemable than the beg leave to examine more closely the doctrines of the advocates of a my milkyard·stick with which I measure my cloth or the quart with which I measure should be redeemed. paper currency not redeemable in coin. This issue, then, is fundamental. It must be settled. Here, sir, is THE AMERICAN SYSTEM: OF FINANCE. the pivot upon which turns the whole financial question now agitat- "The American system of finance," so called, is to my apprehension ing the country, and there never can be real business prosperity until substantially the same, whether expounded by the distinguished and the people have thought this thing through and out. eloquent gentleman from Pennsylvania or by the subtle and analyti- The advocates of the present financial system of this and of all cal intellect of the gentleman from Dlinois, or by Mr. Britton A. Hill nations assert that money is tangible property, the eqlh'tl in value of or General Butler in their able expositions of their Yiews of the prin- that for which it is exchanged, and that where paper is a substitute ciples of finance and the proper application of those principles to the for money it contains the promise of such value to be paid in true afthlrs of this country. money on the part of the source of issue; and the confidence that The substance of all their theories is, first, the abolition of prop- such promise will be kept is all that gives permanent value and cur- erty in any form as a meilium of exchange and circulation, and, sec- rency to any kind of paper or promissory circulation. ond, the substitution therefor of some cheap material, which, being They assert that the proposed elimination of the promise of the stamped with a mark or inscription by which it may be identified and Government to pay will destroy the value of any paper money which being made a tender by law for the satisfaction of debts both public the American or any other government can issue. On the other hand, and private, shall be money, and, by force of the statutes of the land, the advocates of absolute money deny this and claim that the prom- the only real money of the American people. Gold and silver will be ise is unnecessary, and the Government stamp and compulsory laws demonetized, and will continue to exist only a-s wheat, corn, horses, making paper legal tender for debts will make the paper the same or houses, and lands exist; that is, in the form of commodities. They better than coin for all monetary purposes. · 3170 CONGR,ESSIONAL .RECORD-HOUSE. WHICH IS RIOHTI to the uses of man alone giving value, the Government can do it only Which is right f The answer to this question settles the whole dis- incidentally in the way of protection against violence and fraud. The cussion. Now, it is idle to say that Government has not the physical law can no more create a dollar in value than it can make a horse or a power to create a new legal tender, out of any substance or out of watch. It cannot give exohanseable value at all. It may arbitrarily no substance whatever, for existing debts. It can abolish the courts regulate, alt.hougb it bas no r•ght to, but it cannot create property. and allleg--tl remedies. It can repudiate its owu obligations and de- It has no right to interfere with property at all, except in furtherance cree universal liquidation of all debts, both public and private. The of the general purposes for which governments are instituted among nation, by constitutional or other legislation, can prohibit the con- men, of which the protection, and not the arbitrary destruction, of the traction or payment of any :illdebtedness whatever; that is, the right of property is one of the chief. Now, when the Government steps Eower resides in sovereignty to confiscate all property of the citizen. in, and finding the relation of debtorandcreditoruniversallyexistinrt But the question is not as to its power, but as to its right to destroy. among the people, says that wood or tin or paper shall be dollars, and I assert that the creation of a legal tender which the creditor is bound that the tender of these worthless tokens shall extinguish debts, it sim- to accept in satisfaction of his debt, which tender is neither actual ply confiscates by force. It utterly destroys that inalienable right of property having dimensions and salable value in the market and property which all just government is organized to protect, and be- money of the world, of the same nominal and real WOTth as his de- comes the robber of every creditor in the nation, and of every man mand, nor the promise of Government, nor of a bank, nor of any other who is not already insolvent; for every claim will be canceled by the party whose promise the law does not make equivalt>nt to perform- same act. ance, is repudiation and confiscation, and nothing else. The creditor Then, with confirlence destroyed, who would trust his fellow-man may be thus robbed of his existing debt contracted in good fait.h or his country again, to be paid in nothing f It would drive society upon a promise to pay, but the operation will stop-there. No man at once to the manual exchange of commodities, and contract pay- can be persuaded again to part with his property on trust. He will able only in specific article . And how easy for an unwilling debtor resort to barter, excepting so far as be relies for payment upon the to divest himself of the specific article long before execution could be force of honor, and credit will forever cease among men. obtained by the t-edious processes of the courts, and which must be It is no reply to say that t.he greenback is a promise not redeemed, satisfied in the specific article which the contract called for, bece performed, though with greater labor and embar- No civilized nation can segregate itself from the rest of mankind ra sment, and imperfectly at the best. and remain civilized. God has made of one flesh all the nations of Labor and the adaptation of the thing upon which it is expended the earth. (.;omq1ercially there is but one nation, and this truth is 1876. CONGRESSIONAL RECORD- HOUSE. a111 inexorable. That only is money which all commercial mankind rec- the banks. If now for these $762,000,000 of unpaid promises we sub- oanizes as such. Political edicts may transiently interfere with nature, stitute three times that amount-that is, the whole national debt- by establishing a legal tender which is not univert~al money, nor con- of token legal-tenders, which are never to be paid, what will be the vertible into it by the holder, but the ruin which follows demonstrates effect upon the dollar or circulat.i ng medium of the country f 'l'here the truth of the main proposition. will be more than three where there is now one worth eighty-eight Urgent political necessity may over~de business necessity, and ?Om- cents in gold; and if the new currency was an unredeemed promise pel this to be done, as wa.s the case m our count.ry, but there Is no to pay a d.olln.r in gold, instead of no promise at all, even then the other excuse. All that a nation has it will give for its life. Unless inevitable effect would be to liquidate every debt in the country at justified by such necessity it~ a crime,_ and whe?, for su~h c_aus~, an less than thirty cents on a dollar. But these Treasury certificates inconvertible legal tender ensts, there lS no poss1 IJle extriCatwn from are not to be payable-that is, redeemable- at all in anything, an(l inuustrial ruin bot in a steady return to the money of the world and as soon as they have once served their purpose of confiscating the compliance with the Jaws of trade. debts of the country and. have destroyed the existing relations of debtor and creditor and ruined America forever, I would like to ask THE LEGAL·TEXDER QUALITY. any sane man to give a rea-Ron why these billets of death will be But it is said that the proposed currency would have value, becn.use worth anything at all. · beinO' a tender for all debts, public and private·, it would pay tn.xes. It is no reply to this inexorable dest.i ny to say that the "system" Dut ~vl.Jat could Government do with the stufff Having once repu- contemplates the convertibility of this trash into the form of a bond diated its debts by issuing such a currency, who woulle in t~e same LTas.b.. Nor is it of any become its hired servant or its creditor again T Why, if such a cur- use to endeavor to escape the conclusion that this currency would be rency is valuable without payment immediate or remote, should taxes worthless.by saying that only so much ~s might be nec~ssary to perform be levied at all T Why not print more of it :mel abolish tn.xation, the business of the country would be 1ssned. Such IS not the theory thns saving the dear people that burden which Franklin saiu was the itself, but sometimes its advocates take to this subterfuge when driven only thing certain to the lot of humanity but death' to the wall. France is said to have $33 of currency per capita. We Let us apply this theory to the present condition of the country. have 44,000,000 of people, and at the same rate require $l,452,000,000. The na.tioual clebt," including greenbacks, is about ........... ...... $2, 200, 000, 000 Bnt., it is said, we are fur more active as a people, onr industries moro The sum total of all debts, State, county, municipal, a.nd personal, diversiued, aud our population spread over a territory as large a-s all has been estirun.ted at .••.. . ...•...••..•.•.••••.••.•.•.•.......... 13,000,000, O:JO Europe, so that we absolutely require more than $2,000,000,000 of Making in round numbers about ...•.•.............•......•.. 15,000,000,000 circulation, which, strangely enough, hy this ingenious reasoning, It is proposed to pay this and do the business of the country with amounts to just about the same as the national debt, whichitissomuch mere paper tokens, which are neither commodities, nor money, nor easier to repudiate than to pn.y. the promise to pay money. When, then, shall the system be intro- DEPRECIATIO~. - Next, having once paid and cheated the public servants, by putting nELL'S speech, before quoted, us follows: · upon them a currency which will not enable them to live in your em- Sections 9 to 11 inclusive provide for the issue of Treasurv certificates in pay- ploy, you must raise their salaries and increase taxes for the defray- ment of tho deuts and cuiTent expenses of tho Go>ernmont, which certificates shall l>e n. legal tent.ler in payment of all debts, public and private, (except when it is ment of all the expenses of government. And then there is the in- Jlrovidecl that payment shall bo made in coin,) aml interconvcrtible at the option of terest on the public debt, foreign and domestic, payable in coin, for the holder with registered Government bonds, bea?in~ snell equitable rate of in- I am now supposing that yon merely replace the nn.tional-ba.nk bills tere:;t as will clistlilmte property ancl products to labor and capital according to and green backs with your new tender; your tariff dues, as well as in- the labor or service performed in production. . ternal revenues, under this new order of things are to be payable in ·Now, these Treasury certificates or tokens are never to be paid, for this depreciated and depreciating token tender, and with it you must they are not promises to pay. They are merely pieces of paper of boy your gold, already banished by your new "system" from the convenient form anu suitable texture for circulation, labeled with American market. You will have to increase the issue on that ac- figures indica,ting that the Government ha-s received value for them, count. Thus from year to year taxes would inevitably increase, more and the amount of value which the creditor must gi-ve up when they paper t-okens would have to be issued as long as any one would receive arc tendered to him. There will thus be thrown upon the country them . Pensioners would be robbed, at first part.ially, in the end ut- '2,200,000,000 of these certificates, unless we repudiate the $700,000,000 terly. The public service would be destroyed. .Ai3 the Government owned abroad, without .any juggling ceremony wh~tever. The na- would have no power to collect taxes in n.nything but this paper folly, tional-bank system and cmrency will be annihilated, because the it could ~et nothing wherewith to make purchases in foreign markets national bonds which are their basis willlte sequestrated. The green- in any of the great exigencies of peace or war when the possession of back will be canceled. The country will then be left with no cir- or power to get coin by taxation would be indispensable to the exist- culating medium whatever save these $2,200,000,000 of nothing-abso- ence of the nation. Under such a system of finance this country lutely nothing but so much paper material, clothed arbitrarily by woulcl require nothing further than a mule-skin for a winding-sheet law with the power of extinguishing debts when tendered for that and room enough on the buck door of a mad-house t-o write its appro- purpose. It will be of no earthly value except to pay debts, aud priate epitaph. It demands no reach of intelligence to see tha.t the those who thus receive it from this paternal Government can do noth- abandonment of the right to levy and collect taxes in coin- that is, iu ing at all with it except to pay their own debts, as they have them- actmtl property- is the abandonment of the right of taxation itself. selves been paid, or lend it to borrowers who desire to get it for the If taxes cannot be collected in that which the world will accept as same purpose. money we are no longer· a, nation, and the further application of this Tho amount of national-bunk note-s anu of greenbacks, including delusion by the l1eavily-burd by law. It is no excuse for ns to say that the law of Jannary tional debt by enforced idleness of the people. What. intolerable dis- 14, 1875, is imperfect. It was good as far as it went. It was the nt- tress all this implies imagination is powerless to conceive. There is most that could then be accomplished. It was supposed to confer no way for debtors to ext1icate themselves but to repudiate, and that sufficient power to effect its purpose. It was invaluable as the ex- is· ruin, or to get to work once more, which oanr.ot be accomplished pression of the sentiment and pledge of the nation to the restoration until the coin standard is placed in process of ultimate restoration, of specie payments. As the act of 1869 was a solemn promise to pay and continual, although it may be slow progress in that direction, is the public debts in coin a~ some time, so this -was an equally solemn absolutely assured and is recognized as a fixed fact by the nation. pledge to pay so much of 1t as then should be due on the 1st day of January, 1879. OUR GREAT DIFFICULTY. This plerlge is the law of the land. It was a promise to supply the Right here we meet with our great difficulty. While they who means by enacting the measures found to be necessary. It isa breach see the true state of the case are combating upon methods of return- of public faith not to do so at once, since experience has shown that ing to specie payments, the confidence t.hat it will soon be done or that further legislation is required. But two and one half years of the it will be done at all until after years of calamitous experience and four during which it w~s proposed to prepare diligent.ly for resump- universal bankruptcy does not return, because the question between tion remain, and we have les gold now than when the law was eu- specie and the paper token is still undecided. The public mind is acted. Meanwhile we sq nabble-we do not int-elligently maneuver- still confused by the plausible and entrancing charms of these sirens for position in the great presidential contest close at hand; and, wllile of the great American system of finance. If at once all polit.ica.l par- the clamor grows for the repeal of the date of resumption, nothin~ is ties, by conventions held in every State and by unanimous resolution proposed to be substituted which shall necessarily produce resurnpt10n in Congress, would declare their fixed uetermination to return by safe at all. and careful steps and by wise measures, especially considerate and What would be the effect upon business and credit to repeal the act just in their operation upon the debtor class, to a coin standard of val- of 1869¥ Still more disastrous would it be to repeal the resumption ues, and that meanwhile there shall be no step backward, no further act and providenothinginits place. It would be a substantial repeal inflation of the currency, no pernicious efforts to destroy the national- of both acts, and would be notice to the world, and still worse to our- banking system, no effort to set up the Government as the great banker selves, that the word of the American people is not better than that of of the nation ancl make the amount of the circulation dependent a common thief. upon the will of a partisan majority of Congress, the neces ities of Bad as the state of the country now is, the repeal of the resump- faction, or the how lings of a communistic mob, confidence would re- tion act wit.h nothing substituted in its place will destroy all credit turn, and our troubles would cease. and make our condition far worse. It is our duty first to supply all I believe the decisive battle is yet to be fought, and that more atten- needful legislation with intent to carry out our solemn pledge. It is tion shoulcl be given in these debates to the discussion of the funda- soon enough to extend the time when its near approach shows that mental principles of finance. It is assumed that they are too intricate an extension is necessary. There will be three sessions of Congress for popular apprehension. But either truth or delusion will prevail, after this and two and a half years' time prior to the date now fixed by and the American people are wonderfully intelligent and quick to com- law for resumption; but it is legislative shystering, by our present prehend their own interests. The subject is abstruse in itself. It can neglect, to compel the brea-ch of our solemn pledge. We well know hardly be otherwise when men of great powers of mind arrive at that to attempt resumption and fail would cover our country with a directly opposite conclusions relating to our financia,l condition, its pall; it would ruin this generation; and there will be good sense remedies, and the proper methods of their application. enough extant when the time comes not to commit suicide. · But if The ultimate question which arises in the mind of .the capitalist we go resolutely and honestly to work in these Halls and at the other and of the business man is, will the people choose a mere paper token end of the A.venue to make the necessary laws the people will con- without value, or coin, as a measure of value t Will they choose re- centrate their energies upon the accomplishment of the great event. pudiation or the observance of the public faith t The fact that there Confidence will be restored at once, and the two years next to come is such a question at all is what prostrates business and buries in- will witness such a revival of industry a.ncl increase of our credit at numerable homes in gloom. And this great, broad qnestion, embrac- horne and abroad, as will either enable us to resume at the time indi- ing all others, the people will settle by virtue of the instinct of hon- cated or after an extension very slight at furthest and whoJly free esty, whenever it is fairly and fully presented, so emphatically that from shock. 'lgitators will not be able to find the chasm wherein their theories It is then a duty, not merely the dictat.e of expediency, to provide disappeared. the means as rapidly as possible and resume at the earliest practicab1e It ought to be possible for thiB Congress unanimously to set this moment. Men will understand it. There will be a poUcy permanent, question at rest by action dictated by an expansive patriotism which safe, and we shall be on our way to the golden gate. It will be certain 1876. I CONGRESSIONAL RECORD-HOUSE. 3175 t.hat our measure of value cannot fluctuate in any substantial degree. which makes a difference of $1,69'2,930,176 in the cash value of the an· It must gradually rise to par with coin. It might even so exhilarate nual production in a single department of American indnstry; act- and stimulate the nation, which is really a giant bound with gos- ually more than enough to enable the debtor class to pay the differ- samer, as to bring about resumption before 1879. Sell bonds of small ence between their debts in paper and in coin, and almost enough to as well as large denomination, payable principal, with low interest, in pay our entire bonded debt. gold, on very long time, in the best market possible, which is the home When we consider the impulse which a high tariff, by increasing market; but sell them somewhere, and accumulate gold. A circula- wa()'es, would give t.o immigration and to the va.lue of agricult- tion of five hundred millions cannot be :floated without three hundred uml production, by creating a more active and extensive market at millions of coin in the country. We have less than one hundred and home without decreasing the demand for our breadstuffs abroad, and fifty millions, of which twent.y millions is silver. We ought to a~­ the revival of labor all over the country; the construction of great cumulate fifty millions or more yearly, and fund all the circulation lines of railroad communication along our northwestern and south- not required by the wants of trade besides. Meanwhile our people western borders, which would be resumed with confidence if our peo- would economize; capital would flow out into all the now stagnant ple only could see that Congress was determined that American pro- currents of business once more. ducers should be protected by American law, who can doubt that Our teeming soil and the glittering treasures of the mountains will under a judicious increase of the tariff the people would lift up the contribute inexhaustibly to reLurning prosperity. Every branch of burden of specie rsumption like a strong man rising from sleep, and industry will revive, and the despondent debtor will see light break- that 'the face of honest toil would once more beam with the sunshine of ing in upon his pathway through all the varied avennes of profit.able hope? production. Real, and nearly every kind of personal property will rise But no such prospect is before ris now. This Congress has been in value at once, for values to-day are below the standard of gold, urged by the leaders of the majority of this Honse not only to reduce and the restoration of the old and tried measure of value will by the the ordinary imports upon foreign articles competing with those of stimulation of prices more than pay the rpargin of 12 per cent. which American manufacture, but eveu by a counter-craze to heavily tax the debtor fears to lose in passing from currency to coin. Resumption almost the only indispensable articles for which we ilmst depend of the coin standard is chiefly an effort of the national will-a mental wholly upon foreign nations, tea, and coffee, the common solace of all. operation. It is the inexorable resolution to 1·esumc, and providing The men who cry out for free trade and gold dollars at the same tim~ the ways and means to do it. The country demands a bold, strong are cannibals, eating both their ancestors and their descendants, and yet act ; it should be proposed at once ; the path is plain. howling for more population. They murder industry while they dou- TARIFF AND SPECIE PAYMENTS. ble its burdens. If there is no stop put to this insanity, the financial funerals of the money-centers of the country will ere long toll in fit- But I desire to offer some considera,tions upon the connection of the ting correspondence to the wail of the mechanic by tho silent fac- tariff wit.h the resumption of specie payments. tories of New England, from the husbandman on the mortgaged I believe that this subject is at the bottom of the whole question prairies of the ·west, and from the devasted cotton aud sugar planta- of resumption. Resumption by the Government merely is compara- tions of the South. tively easy. The heavy margin of loss to debtors, which lies be- But wiser men will come after us, and another Congress willlayt.he tween the measure of currency a,nd that of gold, is the real difficulty. foundat ion for the permanent mainten:tnce of specie payme.n ts by an Almost every debt not payable by its terms in coin has been con- increased tariff for the protection of American production. tr cted by a measure of not over eighty-eight cents in gold for a NATIONAL BA.N.KS. clollar; and justice woulcl be attained by making eighty-e1ght cents in gold a legal tender for every dollar of debt contracted at that or a There is one other important factor whose agency in the process lower measure in currency. If at tlie same time every new contract of resumption is of great consequence, allihou~h not indispensable., to made on or after July 1, 1876, was measured, that is, made pa,yable success, in reg:ud to which I crave permissiOn to offer a few addi- by coin, all business would be at once upon a specie basis. Eighty- tional observations. I refer to the nati~mal banks. They control to eight cents in gold is all that creditors would receive if they were a great extent the movable capital of the nation and can greatly paid in full to-clay; and with property depreciated below coin val- facilitate the proce s of resumption. The fate of blll:liness men is ues, as they were before the suspension of specie payments, this is largely in their hands. They are now strong. They have passed certainly sufficiently'bnrclensome t,o debtors. Creditors would rea,lly through years of great prospeTity, and they owe to the country which ~et into their hands more property in satisfaction of their debts than has fostered and enricherl them now, while it is passing through the if paid in gold va,lues when business is active and prices are in their crisis from currency to coin, the most equit:able, eleva.ted, and patriotic normal state, and an amount in gold which at interest would increase action. This aid should be given by extending to business men every more than the 12 per cent. before resumption will be reached. possible indulgence consistent with safety, by reducing rates of in- But such are the complications of the subject, a.n d the conflicts of terest and discount, and by fortifying the hands of Government con- int~rest, opinion, a,nd prejudice, that no measure of this kind will be tinually and in every exigency which may arise. adopted by the country, and the onLy solution is to take such measures Not only duty but self-interest demands this course of conduct upon as will enable producers to work out this large margin of 12 per cent. their part. Their continued existence as banks of issue may depend between currency and coin. And here we behold a wonder indeed. upon tho exercise of au enla,rged li beml~ty to tho debtor and business Just at the very time when all experience and common sense dictate classe~ in this time of their utmost need. Based as they are upon the a very large addition to our average tariff upon all foreign ru-ticles unimpeachable credit of the Government bonds and the personal lia- which compete with American industry and l:1bor, we are met by bility of stockholders, and a,t the same time subject to action at law, a proposition to reduce the tariff. It seems as though, not satjsfied as the Government is not, for the collection of it.s notes and promises with mere ruin, the sta,tesmen who attempt a scheme like this were when dishonored; non-political in their organization and infinence; emissaries of a foreign nation, and were anxious to seize the mo- free from partisan control, which might adapt the volume of currency ment when we are prostrate to take our life. to its own purposes and to tile ruin of business if it was issued di- After the disasters of 1837 and 1857 we found relief by raising the rectly from the Government to the people, the national banks have tariff. We saved the country in 1862 by increasing the tariff. We furnished -to the country the safest and best circulation it has ever have since too largely reduced it while the consequences of the war known except gold and silver. It is an act of great injustice to these still remain, and now, just at the time when we ought to adopt a tariff banks, and, since they must for years remain an integral part of our almost prohibitory, this branch of Con~ress, under its acknowledged money system, a great injury to the nation, to endeavor,.&'! is so fre- leadership, undertakes to legis! ate in the mterest of free trade, so called, quently done, to create prejudice against them by producing the im- which is really the slave•t.rade of American industry. True, a very pression that their profits have been greater than those of ordinary high tariff checks importations and lessens the revenue derived from banking under the former system established under the laws of the them ; but, on the other hand, by its magic influence upon home in- States, and that they are merely licensed. beasts of prey. dustry and we~tlth, its irresistible stimulus to wages, immigration, and The national banks have first been obliged to buy the Government home markets, the taxable property of the country is increased in far bonds and pledge them to secure their circulation, in the same way greater proportion. that the State banks were accustomed to pledge interest-bearing se- Foreign importations have drawn from us more than $1,000,000,000 curities as the basis of theirs. The State bank issued circulation to the in gold-the balance of trade against us since 1863-almost every amount of one, two, and in some cases even three times its capital, dollar of which mi()'ht have remained in .America under a higlier ta,r- the national bank only 90 per cent. of the amount invested in Gov- iff, for America,n industry ought to be so protected as to supply Amer- ernment bonds. AB banks of issue, both derived their profits from ican wants. An increased and properly adjusted tariff would increase the interest upon their notes loaned. In no event could the Govern- the wealth of the country within two years more than the entire 12 ment, any more than the States, have any interest in the business of per cent. of the margin of increased indebtedness which must be pa,id either system as banks of deposit, that being a purely private busi- in passing from the currency to the coin dollar. The debts of the coun- ness, except to exercise the power of taxation upon deposits, which try, public and private, are estimated at not more than $15,000,000,000, the Government baa done with great profit to the revenues, while the of which 12 per cent. would be 1,560,000,000. The entire production State governments impose upon their capital an average tax of 2 per of the great interest of manufactures in the United States in 1870 cent., and the aggre~ate of State and Federal ta,xes upon these banks was estimated at $4,2321325,442. Under the present stagnation of in- is 4 per cent. upon tneir capital. dustry, which, unless experience is a lie, would disappear under the It appears from the official reports of the Treasury Department of fostering care of a high tariff, the value of manufactures of the coun- the current year that t.he bonds bought by the national banks of the try cannot be more than 60 per cent. of that which it would be in Government and held by the Government a,s security for the redemp- what are known as good times-that is, when every one is at work- tion of their notes in circulation a.s money were worth, on the 1st day 3176 CONGRESSIONAL RECORD-HOUSE. MAY 18, of November last, at par, $361,498,112, and that, if the banks were de- about 32 per cent. of the capital invested. This represents the accu- stroyed and the bonds asain distributed amon!Lthe stockholders, they mulation since 1863, including that of Sta.t,e banks, merged in na,tional, would sell in open market for $425,840,533. The total value in cur- owned by two thousand and seventy-six banks, and is very larcrely t·ency of the yearly interest on these bonds was $22,264,312. Now, derived from the loan of the deposits of their customers, and not from this interest. it should be observed, is upon a principal bought and their circulation, as we ltave seen from the precedin~ analysis, and paid for by the stockholders and should be paid to them just as it which they would still receive if the circulation was taken away from would be if they were not engaged in banking at alL them. The banks pa.y an annual tax of 1 per cent. of their circulation, or The following table taken from the public records exhibits the $3,253,482, which leaves the banks 19,010,830 in curren0y as the net number of banks, amount of surplus, and its semi-annual increase amount of interest derived from their bonds; and I again call atten- from 1863 to 1875 : tion to the fact, which, unaccountable as it may seem, vast nurnbe:r8 of people overlook, that this interest is the same as that which the stockholders would have received if their money bad been invested in Date. Amonntof real-estate mortgages or other securities, irrespective of their connec- surplus. tion with any banking corporation whatever. Upon the bonds deposited with the Treasury, the banks receive 90 per cent. of their pa,r (not their market) va.Iue, in national-bank bills, 467 $1,129,910 ~~~a :;,\865·:.:::: 1 or, November 1, 1875, the sum of $325,34-8,260. They are required :::::::::::::::::: ·:::·. ::::::::6:18 July, 1865 __......................... ............ . 1,294 8, ti63, 311 7, 513,401 31,303, 5ti6 22,640, 2!l5 to deposit 5 per cent of this- 16,267,4-13-in the Treasury as a re- demption fund, leaving only 309,000,847 for actual use for banking purposes. Eight per cent. is assumed by the honorable gentleman from Illinois as the average interest received on this, which will pro- duce an income of $24,726,467. Add to this the actual interest re- ~~~:~~6;:~ ~ 7 ~~~a~~ i86s::::::: : : : : :~:::::::: : : : : ::::::: :·::: ::::::::::::::::::::::: 1,634 1,648 1,636 1,642 1 ,58~ 43,000,371 11, 6!J6, 805 50,151,992 7, 151, 6oth ital of the banks is over 2 per cent., which it will be perceived nearly of issue or circulation and deposit. cancels the profit upon the circulation realized beyond the amount The total average earnings of the banks during the last six years they would receive if their capital were otherwise employed, and has been a little less than lOt per cent. upon their investment. Such hence it is that so many banks are now sulTendering their circulation, a business as this is sufficiently profitable; and if its returns were and either wiBding up or relying upon their business as banks of de- purely in the nature of interest upon money loaned by individuals it posit, which has no connection with their functions as national banks would be just cause of complaint by the business interests of the of issue, and in which any association of men, firms, or private per- country; but the great care and responsibility, as well as the labor sons may engage without authority from the Government. I invite required in the proper management of the complex aud important attention also to the following table from the same report, showing :ill'airs of a ba,uk of deposit and issue, fairly entitle capital so en- corresponding ratio of dividends for the la-st six and a half years in gaged to some extra compensation. The trouble in the country to- the several geographical sections of the cotmtry and the average day is not that the banks are strong, nor is it true that they have be- ratio for the whole period: come so by reason of tlte excessive gains they have made from the business interests of the country; on the contrary, if they were Ratio of clivi&nds to capital and su1:plns senti-annually. weaker affairs would be far worse. But it is because au inflated cur- -e .,; rency, a spirit of wild speculation and reckless extravagance, and a j Date. blla5 ~~ a5 i rn ~ i 00 ~ ·;:: J w • reduced tariff have prostrated industry, destroyed markets, and ba,n- ished confidence from the marts of trade. '.:'hus it is seen that by the wise foresight of the great men who framed the national banking bow ~ § .S -c law, the ch·culation of the country is founded upon a basis which ~ :g ~ -~ ~ cannot fail. z ~ ~ H ~ The entire wants of the country, which before the war demanded ~----------------1 - - - - - - - - - - a circulating medium of about 400,000,000, including coin, are prob- 4_ 4 4. 3 5. 3 5.1 4. 5 1869, September 1 .................. .. ~ .......... . ably upon a coin basis not far from $500,000,000 or $550,000,000, 4. 3 4.1 5. 6 4. 4 4. 3 1870, March 1 ....... ............................. . of which $300,000,000 in greenbacks, by th~ present law, will continue September 1. ...................... ......... . 4. 2 4. o 5. o 4. o 4.1 in circulation after as well as before their redemption in gold; or they 1871, ~;~~er·i::~:::: :::::::::~~~ :::::::::::::: .!:u i 1872, March 1.................................... . ~: ~ 4. o ~: ~ 4. 7 :: ~ !: i 4. 4 4. 2 may be replaced by nationa.l -bank notes by subsequent legislation . The redemption of the bank- notes which, Jan nary 1, 1876, amounted September 1. ............................... . 4. o 3. 9 4. 9 4. 9 4. ~ to $346,000,000, is secured by the total surplus and the market value 1873, March 1. ........................ . .......... . 4. 1 4. o 4. 7 4. 5 4. 2 of the bonds, (beside the personal liability of the stockholder to the ~j ~J !: i l ~ Septeruber 1. ............................... . 1874, March 1. .... ............................... . September 1. ............................... . 1875, March 1 .................................... . 3. 8 3 9 3. 8 4. 4 !: ~ $~16~~8,~gJso~t~~t~; ~:~~~~u~i\~~;i~~i~~~~n~ ~fer:r~~s~~: ~~ 4. o law are such that it will be impossiLle ever to destroy the safety September 1. ............................... . 3.8 3:7,3.9 4.2 3.9 ofthenational-bankbill. Itisd.ifficulttoconceiveofasystemwhich Average ........................................ . 4 1 · 3· 9 4· 5 4· 4 4 1 · could combine in a greater degree security and elasticity. Since the 1 -----~---------___!._ ____:_ __J_ __Jic._____.::.__ national-bank note is based upon the bond of the Government ex- The 1aw requires the banks to carry one-tenth part of their net pressly made payable in coin, the people must defend the integrity profits semi-annually to the surplus fund, which is not _allowed to of the Government, thereby protecting the solvency of the bond in be drawn out in dividencls, but is to accumulate until it amounts to order to maintain the value of the note which they use as their money. 20 per cent. of the capital, and is to be first applied to payment of all Thus it is clear that the national-bank system presents the same debts and losses. This will be observed to include not merely one- strong appeal to patriotism which is so eloquently urged as an argu- tenth of t.he profits upon circulation, which is the only privilege de- meut for tho direct issue of currency by the Government. .Beyond rived from the Government that the banks enjoy, but also, what is this the personal liability of the stockholders would be available far more important, one-tenth of the profits derived from their func- even if the Government should fail, an event which would utterly tion as banks of deposit, which is a privilege or business indispens- destroy a government currency, for any subsequent government would able ~ society and in which everybody is free to engage. This sur-J enforce personal liability upon contracts of a bank existing under the plus 18 very large and in June, 1875, amounted to 133,169,005, or one d~stroyed. 1876. CONGRESSIONAL RECORD-HOUSE. 3177 ALL MONEY MUST BE PAID FOR. service which we may justly require and expect of these banks in Should the present system be replaced by direct issue of paper carrying business and credit stearlily and at reasonable rates during tokens, or even by the greenback currency, which, being a promise this season of depression, it would be well for us to consider that it to pa.y by the Government, is therefore valuable, it bas thus far been would be a process of years to accomplish the substitution of any impossible for IDE\ to understand how individuals will get it without other agency to transact the hankins business of the country. What paying for it, and paying interest upon the capital it represents to other agency can be devised, or, if a.evised, can be agreed upon t individual lenders. These lenders must first pay for it, and thus part FORCED LIQUID.A.TIO:N OF THE BANKS. with that which would draw interest if retained. Having paiu for the Government issue themselves, they will be likely to take interest The liquidation of the banks involves the collection of aU their when they pa.rt with it, unless they receive payment in property at loans, amounting now to more than $1:000,000,000; and there is not a the time. business man in the country who does not know that this process, ar- There seems to be desired a vast system of Government banking, bit.rarily enforced, involves the sacrifice of his property, pledged a.s which must, until human nature changes, cost in salaries and steal- collateral security, for a song, and general bankruptcy, by which enor- ings a.nd mismanagement, far more than would be saved to the Gov- mous masses of property would fall into the bands of the banks. It ernment as the interest withheld upon the entire circulating medium. is no sufficient reply to this to say that the loan and discount depart- The Government will pay out these tokens directly to bondholders, ment of the banks could continue in operation after compulsory with- public servants, and other persons who have demands against it. It drawal of the national circulation; for while some of the heavy city will thus become their property. Will they part with it until it is banks might continue simply as banks of deposit, yet the great rna s paid for with other property equally valuable, or if loaned,·until fully of these two thousand money centers, scattered all through the coun- secured with interest t How, then, has this process benefited any one f try, in these bard times, would be prostrated by the loss of the small Certainly it has not, unless t.he issued currency is worth less than margin of profit on circulation, and, preferring to rely upon the in- the medium in which the nation was under obligation to pay, in which terest of their bonds only, would retire from the risks of business and case somethin~ would besavecl by robbing the creditors of the Amer- cease to exist at all. And what then t After ten years of uncertainty, ican people. ~Some have a vision, too, of saving interest upon capi- anxiety, and ruin, what will be substituted in their stead f All the tal by the Government opening broker's offices in every city, village, problems which now perplex us will remain. The national debt will and corner grocery of the country, and delivering money which it is remain. Gold value will still be the measure of the world, and the never to pay to everybody who is short, either with or without se- same inexorable necessity of conformity to it. will remain, and, after curity, it makes no difference which; for in the first place the money the loss of ten years of production and the destruction of the hopes, would have no value, and in the next, if it had, the result would be energies, and happiness of a generation, we or our children shall be- that in many cases the Government would be cheated in securities; gin once more in sadness at the foot of the hill. by fraud o1· incapacity of the innumerable agents it.would be obliged I am under special obligation to you, sir, and to the House for this to employ in transacting a business now performed by more than extended comtesy, but I shall seldom trespass upon the attention of two thousand banks, and a multitude of brokers and private bank- this honorable body. ers which no man can number; by making investments, ascertain- Our country has completed the first century of her history, and now ing responsibility of borrowers, and managing a.nd collecting loans; turns with gratitude, courage, and l1ope to the solut.i on of the great and the Government would soon finu itself a party to every law- problems and to the achievement of the grand possibilities of her il- suit and controversy in the country, foreclosing mortgages, selling lustrious destiny. Seven terrible years of blood won her independ- out securities-in short, transacting the private business of the Ameri- ence from the world, and the tremendous internecine contlict of this can people. generation bas decreed the integrity ~nd sovereignty of the American Union. We are a na.tion. A few men who have learned nothing DUTY OF THE NATIO:NAL BA...'iKS. while the foundations of t.he great deep were broken up are still harp- The banks suffer with all classes in this time of depression a.nd ing of State rights and sovereignty. Should their physical lives be gloom. They are rapidly surrendering their circula.tion. More than spared until the trump of judgment sounds, they would mistake it $33,000,000 are already given up, and the best authorities anticipate for the bugles of Beauregard signaling the bombardment of Sumter the surrender of at least five,c;nillions monthly until business revives. and the war of 1861. But these men are of the dead past. To them Yet such are their resourses that they cannot fail; but their financial there is no future. Their voices will soon grow husky with time and strength a.nd power of ready combination place them in a position to their forms will disappear with their long-departed theories in the uphold both public and private credit in this emergency, and by so peaceful bosom of our common mother. doing they may endear themselves to the people and perpetuate the The nation is a unit. The man who now knows a North, a South, system in the confidence of the country. It is an opportunity which an East, or West, is a traitor iu his heart. The future of this country both wisdom and patriotism must prompt them to embrace; a duty is not in the hands of traitors or fossils. Inexorable destiny has which they are under strong moral obligation to discha).'~e, and neg- made every man free, and our destiny is greater than we know. Bnt lect. of which will insure their condemnation in the pubhc judgment our fate now lies in t.he just settlement of the great economic ques- and lead to the tina.l destruction of the system itself. The national tions of the day. The laws of eternal justice will assert themselves, banks exercise, under restrictions of law, in trust for the people, a so will the fumlamental principles of industrial economy, for they are portion of the sovereign power; that of furnishing a part of the cur· founded in morality and necessity. They will be vindicated by the rent money of the land. Such a trust cannot be ma.naged and en- prosperit.y or destruction of the nation, according to the election it joyed merely as a profitable privilege for private gain. Those who shall make of integrity or fraud as the touch-stone of its policy. The control these institutions are bound to remember their high functions credit of the honest rnnn is sure, a.nd the nation can carey its bur- and their semi-official relations with the Government and to the dens for generations only by preserving its reputation for scrupulous whole American people. They should cherish broad views and ele- good faith. Neither can we preserve the high sentiment of patriot- vated sentiments; they should pursue that financial policywhichshall ism in the citizen if there is a taint of dishonor upon the now bright disarm unfriendly criticism, relieve the burde:qs of industry, liberate shield of our national integrity. the wheels of traffic and production, and place the financial condition No matter what clamor may fill the air for retrenchment, reform, of the country upon the indestructible basis of an elastic currency and purity in the civil service, the great basic question before the interconvertible with coin. country is, Will the American people keep their word and tell the Every bank holds the chartered right t-o exist for twenty years from truth by their deeds? Can the stream rise higher than the fount- its inception, provided it does not violate the conditions of the or- ain t And will a people who vote to defraud their creditors be likely ganic law; and the current threat of their abolition against their to maintain elevated morality in a government purely representa- consent is impossible of execution without the destruction of veste<1 tive f A.ll reform, all hope of permanent reform is in the essential rights. It ishtherefore, far better for the peace and prosperity of honesty, self-sacrifice, and vigorous enterprise of the common people the country t at the people should so understand it. Honest sta.tes- of the land. Every citizen, in private as well as in public station, is manship owes, and will ever pay, candor to its constituency. The responsible; aml while he denounces with unsparing tongue and pen system will remain, certainly until this crisis is past, and we must all vena.lity in high places, let him reflect upon his own life, and see deal with it as one element of t.he situation; and should these insti- whether he has not cheated his washerwoman or needlessly enforced tutions rise with the occasion, they are our chief reliance; but should his mortgage upon some poor rnau's cow. The man who finds none but their conduct be antagonistic to the public gootl, should they degen- villains in public or private life may thank God for the mercy, or erate into mm:e corporate Shylocks, illustrating anew the old saw luck, which has thus far enabled him to chea.t the gallows of himself. that corporations have no souls; should they crush the credit and The retrenchment and reform which alone will bring permanent re- bu~iness of the country, by grasping enforcement of their claims and lief to this country are radical. They must be everywhere. Denounc- destruction of securities by ruinous rates of interest extorted from ing others, we must not forget ourselves; but listening to the still the necessities of prostrate industries, which should be fostered and small voice of conscience and self-review, begin the renovation of the stimulated by forbearance and by largely reduced rates of discount, Republic in the bosom of the family and the sirence of the individual it will be, and ought to be, found most difficult to restrain the people heart. .A.s a whole, the .A.merica.u people have never failed to mani- from. the indignant abolition of the entire system, regardless of con- fest exalted sentiments and heroic devotion to all that ennobles hu- sequences to the banks as well as to themselves. man nature both in peace and in war. Financial adversity is now There is every reason to believe that the dictates of patrioti&m and tesmng them in its fiercest fires. But let no man despair of the Re- enlightened prudence will prevail, and that the national-bank sys- public. The integrity of the nation is sure,. its courage indomitable, tem will prove hereafter, as hitherto, a powerful bulwark in the main- its resources boundless, and its prosperity, glory, and perpetuity are tenance of our credit at home and abroad. Considering the gr~at bUilt upon the eternal rock. 3178 CONGRESSIONAL RECORD-HOUSE. M..:\.Y 18, STATUE OF ETHAN ALLEN. their lands, and for that purpose various associations were formed Mr. HENDEE. I offer the concuneut resolution which I send to among the settlers. .Appeals were made to the Crown, messengers th desk. sent to Engla;nd, and many other steps taken to protect their rights The Clerk read as follows: and to secure to themselves permanent and indisputable tit les. In the R esolved by the House of Represent'ltives, (the Senate concurring,) That the thanks mean time snits of ejectment were brought in New York and judg- of this Coogrrss be pre. en ted to the governor, and through him to the peoplo of ment.s obtained against the settlers; bot they resisted the decisions the State of VP.rmont, for the stat ue of Ethan Allen, who o .n:uu o is so honorably being carried into effect by various devices and sometimes by force. identified with our revolutionary history; that this work of art is acrepted in the The struggle went on in different ways until about the year 17U9, name of the nation and assigneu a place in the oltl Hall of Representatives, already set a ide by Con:;ress for tlie statues of eminent citizens; and that a copy of this when Ethan Allen came t,() reside among the grant-s and locatetl at resolntio:q, signed by the President of the Senate anrl th e Speaker of the .IIouse of Bennil1gton; and from this time forward his life was au active antl Representatives, be transmitted to the governor of the State of Vermont remarkable one. Being an honest and jnst man, he at once joinctl .Mr. HENDEE. Mr. Speaker, in 1864 Congress passed an act set- the settler~:~ in oppo ·it ion to the authorities of New York. Re first ting ap~ort the old Hall of the House of Representatives for the re- attempted to have the rights of tho New Hampshire grantees pro- ception and protecUon of statuary; and the President of the United tected by the courts; several cases were tried, but in every instance States was authorized to invite each State to furnish the statues of tlw settlers were defeated. These trials occnrred in Albany, New two deceased ci; izens illustrious in the civic or military history of the York, and Allen was there ill person. Before lea\' ing Albany ho was State. advised by the attorney-general to go home and ad vise his Green Rhode Island was the first to respond, and pla-ced therein the Mountain friends to acquiesce in the decrees of tho New York conTts statues of Roger Williams and Nathaniel Greene. Ot.her States have, n.nd make term with their new landlords and wa~:~ reminded of theoltl in a. most worthy manner, complied, anrl now Vermont asks to be proverb, that ".Mirrht often -prcvnils aga.inst right." Allen coolly re- J.:epresentecl in that group and to be allotted its proper place in t.hat plied to him that the gods of the valleys are not the gods of the hills, historic and memorable Hall. M:y State ha-s, t-hrough its governor, meaning, evidentl.v, that. though the land-jobbers of New York wero now passed over to the Government the marble statue of one of her the gods of the valley of t.he Hudson they were not the rrods of tho deceased citizens illustrious mainly in its military history-Ethan green hills of Vermont. He returned to his home and a, ~onvention Allen. of the settlers was immediately called, in which it was decided to do- It seems to me, Mr. Speakor, to be appropriate and worthy of this fend their rights and property which they pus ·essed under the New House to pause in its deliberations for a while and forget for the mo- Hampshire grants against the usurpation and unju t claims of the ment the business of the hour that. it may look back into the history governor of New York by force, as law and justice were denied them. of the struggle which made us the ~appy, nnited, and prosperous peo- They carrieu their resolution tmder tho leader hip of Allen into exe- ple we n:>w are. cution. As they were resi ting the laws of New York they were in- In accepting this statue from my State it is well, I think, to contem- dictecl as rioters but the officers of the New York conrts who were plate and speak briefly of the life, character, and services of so distiu- sent to arrest. them, as one has said, were successfull~l l'esist.ed by gullihed a citizen as it represents. Ethan Allen was born in Litc!Jtield, force and were severely cha tised "with twigs of the wiluorness." Connecticut, on the 10th day of January, 1737. He lived in that State In order t.o render the opposition more effectual a military associa- until 17G9, when he moved to Bennington, Vermont, being thirty- tion was formed, and Ethan Allen was appointed commander. The two years of age. In order, Mr. Spea.ker, to acquaint this House more association was composed entirely of the settlers, and from that time fully with the services of Allen, I may be permitted to refer briefly to forward they were known as the "Green l\lonntain Boys." They were the early hi tory of my State. a brave, noble, and honest baud of men, aud while contending for a The territory now the State of Vermont, was originally claimed known right knew no fear, ::mel clared to resist the unjust and oppres- both hy New York and New Hampshire and a portion of it by Mas- sive laws of New York and its officers. They were denominated the sachusetts. Settlements commenced in1724 under grant from New Benuingt.on mob by proclamation of the governor of New York, and Hampsllire. Under these grants land was cleared, houses erected, and by the people were resolved to be lawless banditti, and at different neighborhoods created. The grautswere issued under royal authority times rewards of £50 and £100 were offered for the arrest of Allen, ancl were purchased mostly by men from New Hampshire, Massachu- and smaller sums for those a-ssociated with him; but all this availed setts, and Connecticut. The lands occupied by the very first settlers nothing, as Allen kept up the resistance, and the Now York land-job- were granted by the provincial government of .Massachusetts, but by bers, as they were termed, never succeeded in securing his arre t. a decree of King George II made on the 5th of March, 1740, this por- The sufferings and hardships of these early settlers were most severe tion of the State W3S fonncl to lie north of Massachusetts and was and unparalleled. Houses were burneil, crops destroyed, homes m3.de made a part of New Hampshire. About this time Benning Went- desolate~ and yet they resisted the authority of the laws and success- worth was commissioned as governor of the province of New Hamp- fully maintained their organizations and retained their po sessions shire, who continued to make further grants which ammmted in 1754 until the close of the controversy which was ended by the proroga- to fifteen townships. In 1761 these grants had extended over a ter- tion of the N~w York Assembly in April, 1775, which never met again, ritory of more than one hundred. townships each six miles square, and being superceded by the revolutionary authority of the P1·ovincial many actual settlements had been made and the inhabitants were in- Congre s. Thus far Allen had been contending for his own right-s and creasing in number and improvements were progressing in propor- those of his neighbors without commission or pa.y and as a private tion. citizen. The government of New York, wishing to secure to itself the profits It will be seen that Allen was engaged in cont.ending with the of these lands, became alarmed and determined to stop all further authorities of New York for the supremacy of his rights and t.hose of proceedings on part of the New Hampshire government. And in the other New Hampshire grantees for about six years. At this time 1763 Lieutenant-Governor Colden, of New York, issued his proclama- war was imminent with England. The people had determined to tion, in which he asserted jurisdiction over all the tern tory from the throw off the yoke of tyranny and sue if need be at the point of the west side of the Connecticut River to the east side of Delaware Bay. bayonet for liberty. He based this act upon the grants made by Charles IT to the Duke of Allen loved liberty and now seemed to approach the time when the York in 1664 anc11674. The effect of this proclamation among the occasion for which he was born was before him. The time when he settlers was to make them restless and doubtful as to the validity of would be allowed the privilege and honor of striking a blow at the their titles; and, to inspire confidence in the soundness of the New enemies of the principles he so much cherished and to vindicate his Hampshire titles, the governor of that province issued a counter- rights as an American citizen. He believed that- proclamation, setting forth that the graut to the Duke of York was When Gi>d from chaos gave this world to be obsolete and that the grant made by NewH::J.mpshire would be con- Man then he formed, and formed him to be free. firmed, even if the Crown should alter the jurisdiction. The inhab- itants were exhorted by the governor to be industrious and diligent At a meeting of a few citizens of Hartford, Connecticut, hold about in cultivating and improving their lands and not to be intimidated the 27th of April, 1775, it was decided t.hat Ticonderoga, a fort on the by the threats of New York. The settlers became quiet and believed, New York shore of Lake Champlain, must be taken, and Benedict as they had a right to, that, though the jurisdiction should be changed, Arnold a ked the privilege of att.e mpting its capture, but the com- their titles and the right to possess the lands they had purchased would mand was finally awarded to Colonel Allen, thonrrh Arnold appeared, remain undisturbed. New York appealed to His .Majesty by petition presenteu his commission, and demanded the rig~t to .t ake charge of for jurisdiction over the disputed territory, and on the 20th of July, the expedition; but the men, most of thorn Green Mountain Boys, re- 1764, he ordered that the western bank of the Connecticut River form fused to serve under Arnold, a.nd threatened to abandon the expedi- tlle boundary line between New York and New Hampshire. This cre- tion unless commanded by Colonel Allen. Arnold yielded, but was ated no particular alarm among the settlers, as they believed, having allowed to serve as a volunteer. Allen had under his command about purchased and paid for their lands and secured deeds under grants two hundred and seventy men, two ]mndred and thirty of whom were from the same Crown that bad now changed the jurisdiction, that "Green Mount;:lin Boys." On the 9th of May, 1775, he had marched their titles were good and that they should not be compelled either from Castleton1 Vermont, to a point on Lake Champlain opposite the to aba,ndon or repurchase their lands, and, entertaining this belief, fort. In the mght he crossed the lake in small boats but was able to they were willing to submit to the antiJority and laws of the colony land only eighty-three of his men in time. The morning was ap- of New York. Jlfow the trouble commenced; for the government of proaching, and his men were drawn up in three ranks, when Allen New York called upon the settlers to surrender their charters and th ns addressed them : repurchase their lands under grants from New York. Some complied, Friends and fellow-soldiers: You have for a. number of years past been a scourge and tenor to arbitrary power. Your valor has been fallled abroad and acknowJ. but most asserted in firm language their ri~hts and refused absolutely edgetl, as appears by the advice and orders to me from the General .Assembly of to obey. They determined to resist all ett'orts to dispossess them of Connecticut to surprise and take this garrison now before us. I now propose to 1876. CO~GRESSIONAL RECORD-HOUSE. 3179 advance before you and in person conduct you through the wicket-gate; for we the offer of land t.o be similar to that which the devil offered Jesus Christ : to . give mnat this morning either quit 01!1' -pretensions to valor or possess ourselves of this Him all the kingdoms of the world if He would fall down and worship him. wben fortress in a few minutes; and inasmuch as it is a. desperate attempt, which none at the same time the miserable soul had not one foot of land upon earth to give. but the bravest of men dare unrlertake, I do not urge it on any contrary to his will. You that will undertake voluntArily -poise your firelocka. · After this Allen was admitted to pa.rol in New York, and about Every man poised his firelock, and Allen at the head of the center the 1st of May, 1778, h~ was exchanged for Colonel Archibald Camp- file marched them immediately to the gate oi the fort. He entered, bell and set at liberty. He immediately started for Valley Forge, driving the sentry before him, who gave the alarm; but Allen in an where he was welcomed by Geneml Washington with peculiar ma.rks instant had possession, a.nd clemanded the surrender of the fort amid of approbation and regard. Allen at once o1ferecl his services in be- the huzzas of his men. Captain Delaplace, who was iu command, half of his country. He obtained leave to visit his home in Benning- soon appeared, and demanded by what authority, when Allen replied, ton, Vermont, which be called the "capital" of the "Green Mountain in that sentence so familiar in every New England home, "In the Boys." He arrived there the latter part of May amid great rejoicing, name of the Great Jehovah and the Continental Congress." Dela- and under order of Colonel Herrick fourt.een cannon were :tired, thir- place remonstrated; but Allen, with drawn sword, ag~1in demanded teen for the United Sta.tes and one for young Vermont. the surrender of the fort., and it was surrendered. While Allen was a prisoner his State or the people of the grants This was the first great event in the military life of Allen, and I asked admission into the Union of States, but they were resisted by should say the crowning event; and it shows him to have been a man New York, and so fierce became the contest, a.nd so uncertain there- of executive ability, boldness, courage, and perseverance-a man who sult, t.hat on the 15th of January, 1777, the people of Vermont, through coulcl command and at the same time inspire confidence and fidelit.y delegates in convention assembled, declared themselves independent. in t.hose under him. The speech delivered to his men before they They took this bold step with the same spirit and determination that moved on the garrison though simple was effective. It touched the movecl the colonies in declaring their independence. pride as well as the hearts of his followers, and under the lead of Allen Yes, .Mr. Speaker, Vermont made a declaration of independence. they knew no fear as they, too, believed that his commission was from It was short and decisive. I will give it: a source higher than that of any earthly tribunal. Allen a.fterward This convention, whose members are duly chosen by the free voice of their con- said of this event: stituent~. in the several towns on the New Hampshire grants, in public meetin~ assembled, iu our own names, and in behalf of our constituents, do hereby proclaim Thi surprise was carried into execution in the gray of the morning of the lOt.h and publicly declare that the district nf territory comprehending, and usually of May, 1775. The sun seemed to rise that morning with a superior luster, and Ti· known b_v the name and description of tho New Hampshire grants, of right ought con•leroga and ita dependencies smiled ou Ha conquerors, who tossed about the to be, and is hereby declared forevpr hereafter to be. a free and independent juris· flowin_g bowl and wished success to Congress and the liberty and freedom of diction, or State; to be forever hereafter called, known, and distinguished by the Amenca.. · name of N ew Connecticut, alias Vermont. Mr. Speaker, thh~ great event, one of the first successful blows of That the inhabitants who at present are, or who may hereafter become resi- dent~. either by birth or emigration, within sairl territory, shall l>e entitled to tbe the Revolution, occurred on the lOth of May, 1775. / same pxivilegeR, immnnities, and enfranchisement..'! a~ are allowed, or may herea.ft. One hundred and one years from that very day, the lOth of Ma.y, er at an.v time be allowed, to the inhabitants of any of the free and inclependent 1876, t.his Congress and a.ll the people of this great land ancl the States of America. And that such privileges and immnnities shall be re)nllated in . whole worlil beside were inviteil to Philadelphia, the birth-place of a bill of rights and by a form of goYernment to be established at the next session of this etm\ention. our Republic, to witness the opening ceremonies of our magnificent International Exposition. An event, sir, which must aud which does From this time forward until her admission into the Union, in 1791, inspire every tme American with that love of conntry, that devotion Vermont was as independent as are the United States to-da.y, and yet to principle, and that hatred of oppression which so filled, moved, she was vigorously and continually pleading at the door of Congress and made victorious the hero 9f Ticonderoga. for admission, and New York was as continually and vigorously op- Early in the fall of 1775, the little army which was commanded by posing her. Generals Schnyler and Montgomery, were ordered into Canada, and As soon as Allen was released he took a hand in this contest which Montreal became one of the objective points. Allen, who was still at Vermont had inaugurated for admission as one of the States of the Ticoncleroga, was requested to accompany the expedition. He went, Union. and attempted, i.n connection with Major Brown, to capture the city In February, I think, 1778, Governor Clinton, of New York, issued of Montreal, which was guarded by royal soldiers. Allen was to cross a proclamation in which he said that that government "would vig- the river Saint La.wrence a little to the north of the city, and Brown orously maintain its rightful supremacy over the persons and prop- a little to the south. Allen executed his part of the plan, and on the erty of those disaffected subjects"-referring to the people who hau night of the 24th of September, 1775, crossed the river in canoes, tak- heretofore defended the New Hampshire grants and who had now ing with him one hundred and ten men. Brown failed to co-operate, declared themselves independent. and the result was, of course, disaster. I will not here give details, Colonel Allen published an address to the people in answer to this lmt will content myself with saying that Allen made a desperate fight. proclama.tion, in which he claimed it was mere "sophistry" and de- The battle commenced about two o'clock in the aftenioon, and lasted . signed" only to deceive the woods people." till near night, when Allen was forced to surrender, and, with his men, He closed his address by the following appeal to his followers: was taken prisoner. Yon have experienced every species of op'flreasion which the old government of Allen was in captivity for two years and eight months, and his treat- New York, with a Tryon at ita head, could invent and inflict; and it is manifest ment and sufferings for a portion of the time were of the most severe that the new government are minded to follow nearl'V in their steps. Happy is it character, and worthy only to be inflicted by a half-civilized nation. for you that you are fitted for the Se\·erest trials! You have been wonderfully sup- ported and c::trried through thus far in your opposition to that government. For- He was placed in heavy irons, and taken on board a man-of-war, and merly you had everything to fear from lt, but now little; for you-r public character sent to England. He was threatened with and expected nothing is eatahlished and your cause known to be tuat. In your early struggles with that short of. death as his punishment. Yet he was brave, independent, government you acquired a reputation for Ol"a\ery; this gave you a relish for mar- and never for an instant yielded his convictions that he bad beenfio-ht- tial glory, anrl the British invasion opened au ample field for ita display, and you have gone on conquering and to conquer until tall grenadiers are dismayed and ing for a noble a.nd liberty-deserving people, a.nd a cause which ~ust tremule at your approach. Your frontier l!ituation often obliged you to be in arms ultimately give freedom and independence to his native country. and battles ; and by repeated marchinga, scontings, and manly exercises your Allen was at times rough in his language, and was not what is now nerves ha'o hecomflatrong t~ strike the mortal blow. What enemy to the St.a"te of known as the polished gentleman. He was plain, blunt in expression, Vermont, or New York land monopolizer, shall be able to stand before you in the day of your fierce anger 1 but determined in his purposes, and a man who could not be induced by threats or the offer of bribes to do a mean or wrong act, or for a Allen and his friends continued these efforts for admission annually moment to abandon his principles or become a traitor to his friends before Congress, when, in 1780, or thereabouts, Colonel Robinson, a or country. As proof of this I will only call attention to one instance British officer, wrote Allen two letters proposing that he should join which occurred during his captivity. It was after he had been brought the British cause or assist " in uniting America to Great Britain, and back to America, but before he had been exchanged, and at a time thereby restore the happy relations which have been so wantonlv and when he had uo expectation of release. unadvisedly destroyed." In short, he asked Allen to become a traitor A British officer of high Tank sent for Allen, and when he appeared to hjs cause a.ncl his country. To tbese letters Allen made no replv, the officer addressed him thus: but inclosed them in a communication to Congress. In his communi- ..,Your faithfulness, though in a wrong cause, has nevertheless recommended yon cation Allen justified the course of Vermont iu declaring herself in- to General Sir William Howe, who is minded to make you a colonel of a re!!llient dependent, in the strongest terms, and to show his determination to of new levies in the British service, and I propose that you ao with me and: other establish that independence, aud at the same time his desire for English officers to England and there be introduced to Lord E;:. Germain and prob- peace, and that Vermont should be admitted as one of the Sta.tes, I ably to the King. will read a part of hi!:! letter to Congress: He also proposed to Allen "that he should be clothed equal to such I am confident that Congress will not dispute my sincere attachment to theca use an introduction and that for his services as such colonel he should be of my country, thon"'h I do not hesitate to say, I am fully grounded in opinion, that paid not in paper rags but in hard guineas. He further said to him Vermont baa an indnbital>le right to a~roe on terms of a. ceasa.tlon of hostilities that he should join General Burgoyne and assist in the reduction of wiU1 Great Britain, proviued the United States persist in rejecting her application the country, and when that was accomplished, which was certain to for a. union with them. For Vermont would be, of aU people, most miser::tble were she obliged to defend the independence of the united claiming States, ami be done, he (Allen) shoul'i have a large tract of !a.nd either in the they be, a.t the same time, at fullliuerty to overturn and ruin the independence of Ne~ Hampsl.tire grants or in Connecticut, it would make no odds Vermont. When Congress considers the circumstances of this State they will, I which, as the whole country would be forfeited to the Crown.'1 To am persuaded, be more surprised tha.t I have transmitted them the inclosed letters this, Allen replied : than that I have kept them in custorly so long, for I am as resolutely determined to defonrl the indepP.nllcnce of V ermont as Con:!re a is that of the United States; and Tbat if by f~thfulnesa I have recommended. myself to General Howe I should rather tba.n fail , I will rerire with the harJy.Green Mountain Boys into the deso- be loth by nnfmthfulneas to lol!e the general's good opinion; besides that, I viewed late caverns of the mountains, and wage war with human nature at large. 3180 CONGR.ESSION.AL REOOR.D-HOUSE. MAY 18, From what I have said and read it will be seen that Allen was a the historian has long since truthfully recorded, that t.he Green bold, determined man, and though sometimes rash, a most successful Mountain Boys of 1861 carried into the battles for the preservation leader. The masses were ever wont to go where he might see fit to of the Union the same spirit, the same courage, the same faith in a lead. just Providence, and the same patriotism that did the Green Mount- Allen was afterward made briga-dier-general of the militia of Ver-- ain Boys of 1776 into the revolutiona,ry war for the creation of t.his mont, and rendered great service to his State and country. I will magnificent and permanent free government and the establishment not go further into detail only to say that Allen finally settled in of liberty throughout our entire domain. Burlington, Vermont, where he died February 12, 1789, at the ag~ of Mr. Speaker, the green hills and rich valleys of Vermont are to-day fifty-two years. His remains lie buried near Burlington, Vermont, on inhabited by men and women whose sires and grandsires were the a high point of land overlooking Winooski village and the valley of original settlers and pioneers of the New Hampshire grants, and I the Winooski River, one of the most beautiful and fertile valleys in might say many of them are the direct descendants of the historic New England. Allen family. And what are they T I answer, an intelligent, in- The people of Vermont have always had the highest regard for the dustrious, sober, honest, and brave people, who know but one allegi- memory of Ethan Allen, and now that regard is attested by the act ance, that to their native country; but one flag, that the "stars and of the Legislature of that State authorizing the placing in one of the stripes;" and but one god, and that the God of their fathers. public halls of the nation at its capital his statue. The statue is of Mr. Speaker, on the 14th of May, 1778, Congress recognized Colonel marble and is most beautiful in design and impressive in attitude and Allen's services, and honored him by passing a resolution granting eX1_)ression. It is creditable to the artist, and he may well be proud him a brevet commission of lieutenant-colonel in reward of his forti- of it as a work of art. It was executed by Larkin G. Mead, a native tude, firmness, and zeal in the cause of his country, and now let the of Vermont, whose reputation as an artist in foreign countries as American Congress honor his memory and that of the Green Mountain well as in his own is of the highest character. The statue speaks for Boys who stood side by side with him in the country's peril by the itself. · unanimous adoption of this resolution. In our struggle for independence Allen took an active and decisive Mr. JOYCE. Mr. Speaker, I venture to assert that no act of this part. He was moved in this not by that love and morbid ambition Government during the past :fifteen years of our marvelous history to be heard and known of his fellows, which so much actuates men brings out in a stronger or clearer light the hopeful and buo~ant of the present day, but by that sense of justice and patriotism which character of our people, and the perfect confidence felt at all times brought into active service the best and most effective men of his by the loyal men of the North in the strength, integrity, and perpe- time . tuity of the American Union, tllan the law providing for a national .Mr. Speaker, we of to-day know of each other by being associated gallery of statuary, in which ·" each and all the States" should be rep- together officially and socially, we know our neighbors by daily con- re ented. tact in business. We judge the world and the times and the great In the midst of that gigantic civil war, when the people of nearly men of the age by what we observe and know and we judge with one-half the States of the Union were in arms against the Govern- commendable accuracy, but as to men of the heroic age we must ap- ment, and while General Grant, backed by tlle whole North, was peal to history. striving with varying fortune to grasp the prize which 111cClellan, Allen was of that age, and from its history we are justified in say- and Burnside, and Pope, and Hooker had, after the most desperate ing that he was one of the pioneers of liberty and manfully wielded conflicts, failed to obtain, Congress, on tho 2d of July, 1864, passed an his powers and weapons in hewing the way for the progress, happi- act which declared that- . ness, and independence of these United States. He helped to found The President is hereby authorized to invite each and all the States to provide the colonies from which the St:1tes sprung and to plant in their soil and furnish statues in marble or bronze, not exceeding two in number for each the scions from which has grown this great country with its institu- State, of deceased persons who ha\O been citizens thereof, and illustrious for their historic renown, or for distinguished civic or military services, such as each State tions, its prosperity, and its model free government. shall determine to be worthy of this national commemoration. Yes, Mr. Speaker, Vermont honors the name of Ethan Allen by placing his statue in the Old Hall of this Capitol, which to-d:1y floats On the 27th of November, 1872, the people of my State, in order to the flag of a free and united country, for which he fought and under avail themselves of the benefit of said act and have Vermont properly which he led his little band of "Green Mountain Boys" to victory. represented in that illnstrious collection of American statuary, by In that hall among others are the statues of Washington, Greene, their Legislature, passed an act declaring that- Roger Williams, Lincoln, Sherman, 'l'rumbull, and Winthrop, the The governor of this State is authorized and requested to contract, in behalf of fathers and defenders of this magnificent Republic, and now Vermont tbe State, with Hiram Powers, for a statue in marble of the late Jacob Gollamer, contributes to that group a :fit companion, a monumental representa- and with Larkin G. Mead, for a statue in marblo of Ethan Allen, and said statues, whe-n completed, to be placed in the National Statuary Hallin Washington. tion of one whose memory and deeds it will ever cherish with that enduring regard and affection which bas no common limit. It was the sublime conception of a noblt} and patriotic soul that A.llen was a man of spirit, power, indomitable will and courage, and first suggested the plan of inviting "each and all the States" to yet was kind, just, and remarkable for his anxiety and efforts for any bring the statues of their illustrious citizens to this national gallery, in trouble. He was a terrible foe to traitors, and his hatred for those that our whole country might be represented in this impo ing and who would abridge the rights and liberty of the American citizen had majestic assemblage of the worth and valor of the early days of the no limit; and let me say that Vermout bas tha.t love for the name of Republic. By it the history of this vast country during the first hnn- Ethan Allen which approaches near to reverence. Her sous of to-day dred years of its existence, wild and grand as it is, will be concen- partake of the same sentiment, patriotism, and courage which filled. the trated and made manifest in that hall to the people of all nations breast of Et.hah Allen, and the Govemmentwhich be fought to create and all a~es. the Green Mountain Boys of to-day, if need be, will fight to protect 'l'his tnbute of gratitude and homage, although in forms more sim- and perpetuate. He taught a lesson and lived a life which has been ple, has always been paid to the chivalrous hero and patriot Rtates- read and reread until every true Vermonter is led to exclaim, "Let no man by those for whose rights and liberties they have labored and man speak ill of Ethan Allen." died. The brazen pillar and marble shaft, together with the life-like .Mr. Speaker, Colonel Allen fou~ht :for a principle-the equality of statue, wrought and adorned by genius and art, have perpetuated all men before the laws. With nis copatriots he helped to secure their names and images and immortalized their brave and virtuous and make fast that principle and to establish that independence in deeds. It is the decisive and imperishable evidence of the people's this broad land which has been recognized by all governments for a appreciation of true heroism and exalted worth, which they demand full century. shall be transmitted perfect and unchangeable to posterity. Yes, sir, Ethan Allen was present at our national birth, of which If "Ilium such honors to her heroes paid," bow :fitting and appro- this is the centennial year, and every Vermonter, yes, every Ameri- priate that America, the last born among the nations, the secure can citizen, will recognize the appropriateness of the time sought by abode and guarded dwelling-place of liberty protected by law, should my people to make this presentation of his statue to this great not only imitate but excel all the nations of the earth in honoring Government. and revering the memories of those through whose valor in the :field One hundred years a.go Allen wa..s oue of Vermont's most honored and intellectual power in the council we are to-day t,h e model re- and devoted citizens, and at that time was giving his manly and public and the leading sovereignty among the powers of the earth. heroic services for her protection, with a faithfulness, with a zeal, We learn from history's vast store-house of crystallized human ob- with an unselfishness and patriotism known only to that age. servation and experience that divine Providence bas always raised That was the :first period in our history that "tried men's souls." up men, prepared the way, and shaped the affairs of mankind forthe The second was in 1861-'65, when the same power which moved and birth and advent of any great and important occurrence in the history sustained the patriots of '76 moved, sustained, and carried to victory of our race. When Heaven interposed, in the person of our Saviour, for the patriots of 1861. the salvation of a lost world, Augustus Crosar sat among the seven When Allen was :fighting to establish a :b:ee government,· and to hills of Rome and waved his supreme scepter of power and authority give it the ensign of liberty, the" stars and stripes," little did he over a worlcl prostrate at his feet. think that in less than a century the grandsons and great-grandsons Yet, a babe is born in a manget· in the little village of Bethlehem, of the men who fought by his side would strike at the life of his and in an obscure province of his empire, whose kingdom ba.s eclip ed all their country and iO'nominiously trail that ensign in the dust. the splendors of the Coo ars, and shall have no end. He did not once think, sir, that any generation that should follow Leonidas and his two hundred brave Spa,rtans at the pass of Tber- his of American birth could produce a people that would without mopylro, checked by their stolid valor the vjctorious armies of Per- cause attempt to destroy the noble work of their fathers ; but such sia, as they were sweeping like an avalanche from the orient, ann is history. And I may be paruoned for saying hero, I think, what saved for a time the tottering republics o.f Greece; and in later years 1876. CONGRESSIONAL RECORD-HOUSE. 3181 Boszaris, whose" sword won the battle for the free," drove the Mus- society, and whose equals have not been known in the world's history. selman inva.der from her sacred soil and inspired her people with o. From this stock came the seed which caught root amid the rocky new hope anu courage. wilds and snow-capped hills of the Green Mountain State, and there, The honor a.nd heroism of Scotland were vindicated and her liber- surrounded by domestic violence, menaced by the savages of the forest, ties preserved, in the hour of her direst peril, amid defeat and vic- and rocked by the throes of a revolutionary convulsion which shook tory, by Wallace at Sterling and Bruce at Bannockburn. every throne in Christendom, grew up a race of men who loved lib- Tyranny and despotism were driven from Switzerland and a per- erty and hated oppression and tyranny; who were born and reared petual republic established among her silver lakes and Alpine peaks in the vitalizing atmosphere of rugged virtue and honest industry; a by the patriotic sacrifices and illustrious valor of William Tell. race which has never deserted its first love, and has never, thank History while teaching by examples often repeats itself, and so God, disgraced the name or brought discredit or shame upon a. noble when King George the Third finally committed himself to the fatal ancestry. They were men who sincerely and religiously believed policy of taxing his American colonies without permitting them the that "resistance to tyrants was obedience to God;" "that the gods right of representation, England was the first power in Europe and of the valleys are not the gods of the hills." They were an uncom- her jurisdiction covered the earth; ''her flag was its symbol, .a.nd the fortable race to coerce into any line of conduct not agreeable to their hiding place of its power was within dark and frowning tiers of ar- sense of duty and of right. No blandishments could seduce them and tillery; it compassed the earth with an iron belt of glittering bayo- no threa,ts intimidate them; they could endure the heat of summer nets; it spoke in the voice of the morning drum~ and stalked with and the frosts and snows of winter ; they were as handy with the pen the nightly sentinel along the battlements of impregnahle castles." and upon the stump a8 they were with the rifle and the sword; they The ''embattled farmers" at Lexington and Concord ''fired a shot had strength and manly courage, with will and conscientious convic- beard round the world;" Ethan Allen and his Green .Mountain Boys tions, to back them up; they were a perfect leprosy, and worse than dem;tnded the surrender of Old Ti. in '' the name of the Great Jehovah the plagues of Egypt, to olU King George, and Burgoyne said they and the Continental Congress," and England lost her colonies, Wft8 were "the most wild, active, and rebellious race that he knew on the shorn of her strength, and came near beiug reduceu to a second-class whole continent." power among the nations of the earth. With New York upon one side, and New Hampshire upon the other, Vermont has now made her first contribution to the national gal- seeking to rob them of their birth-right, Great Britain upon the north lery, and the statne of Ethan Allen, bold, commanding, and majestic, threatening them with slaughter and fiery vengeance, and the Conti- a credit to the youthful sculptor and an honor to the State, stands nental Congress treating them as the illegitimate offspring of an illicit there amid the wondering and admiring throng, in an attitude of de- intercourse; smarting under their wrongs, writhing under the scorn fiance and power. and insults heaped upon them, and ready to retire to the rocks and 'fhe order of exercises to be observed on this occasion is prescribed caves of t.h eir native mountains and wage unceasing war with hu- by custom, and in accordance therewith I shall proceed to speak in manity at large for what they knew to be their rights, it is no wonder the briefest manner possible of the life and character of the man that, when the news spread through the valleys, over the hills, and whose effigy the people of Vermont, throu~h their Representatives, along the shore of their beautiful lake, that the blood of their fathers now deliver to the care and custody of the u-eneral Government. and brothers had been shed by a hireing soldiery; that the long ex- Of the early history and boyhood days of Ethan Allen we know but pected and a.nxiom;ly looked for moment ha-d arrived; that the spirit little, except that it is said he was born in Litchfield, Connecticut, on of American liberty ha-d received its first baptism of blood and fire at the lOth of January, 1737, and, following the impulse of his dar!ng and Lexington and Concord ; that the tocsin of freedom had been sounded adventurous spirit, removefl to the New Hampshire grants when in and the flag of Independence unfurled-was it any wonder, I say, that tile prime of life and cast in his lot with that liberty-loving, inde- from every log-cabin and cave upon the grants should have burst forth pendent, and struggling people. the inspiring and defiant notes of Ethan Allen's war-song f The first settlement within the present limits of the State of Ver- Tradition has it that the following line8 were composed by Colonel mont was undertaken by the government of Massachusetts in 1724, Allen when gathering his clans. However that may be, there can be no when they built a fort in the town of Dummerston, on the east side doubt but they breo.the the spirit which inspired the hero in his deter- of the Green Mountains; but no sooner was this done than New mined opposition to British tyranny: Hampshire claimed that her jurisdiction extended to within twenty Ho-all to t.he borders! Vermonters come down, miles of the Hudson, which covered the fort and reachetl many miles With your breeches of deer-skin and jackets of brown, to the westward. With your red woolen caps, and your moccasins, come To put an end to the conflict of jurisdiction between Massachusetts To the gathe.ring summons of trumpet and drum. and New Hampshire, King George II immediately directed Benning Come down with your rifles !-let gray wolf and fox ·wentworth, then governor of New Hampshire, to drive off all in- Howl on in the shade of their primitive rooks; truders and take possession of the fort. ~et the be.'l>r feed securely from pig-pen and stall- In 1749, the famous town of Bennington, on the west side of the Here's a two-legged game for your powder and balL mountain, was laid out, and its settlement commenced by order of What seek they among us 1 The pride of onr wealth Governor Wentworth. Is comfort, contentment~ and labor, and health, The claims of Massachusetts and New Hampshire having been And lands which, a.s freemen, we only ha.ve trod, partially di8posed of, New York now came forward and laid claim to Independent of all save the mercies of God. all the territory a8 far east as Connecticut River, by virtue of a pre- Come York or come Hampshire-come traitors and knaves; vious grunt from the Crown of Great Britain, and proceeded to turn If ye rule o'er our land, ye shall rule o'er our graves; off u.ll clearers of the land anerty and our country demand it. The loved and sent to Panton to secure all the boats that could be (liscovered, and helpless o"!les in yonder cabins among the hills implore ns to be brave return to Shoreham with all possible dispatch, as upon his success and drive these ruthless invaders from our soil and our homes. I chiefly depended the means of transporting the troops across the lake. hear the voice and cheerfully obey. I feel the inspiration of this Word waa sent to Remember Baker to co-operate with the expedition moment, and hasten to seize the prize: and trusting in t,he God of from his position at Otter Creek, while Major Beach was sent to Rut- battles and the justice of our cau.se, follow me and I will lead you t.o land and adjoining towns to arouse the settlerS and gather in the deeds which shall make this day immortal, cover the Green Mountain volunteers, which duty he faithfully performed, traveling on foot a Boys with imperishable glory, aud make their names the watchword distance of sixty miles in twenty-four hours, and reported to Allen in of liberty, while a tyrant shall remain to disgrace the image of his time to aid in the capture of the fort. Maker, or pollute the earth with his presence." The present is not the time and this is not the place to ent.e r into His words are finished; the hero draws his sword; the order comes a critical analysis of the life and character of the hero of the Green to "right face!" every man is in his place, and every heart beats re- Moun taius; suffice it to say that at the time he took command of this sponsive t.o the hero's will. Cautiously, silently, but swift as light- expedition he was thirty-eight years old and, a.s bas .been well said, ning he leads them on, while the youthful hero, Be.man, points out was in every sense a remarkable man. His physical organization and the devious way. The frightened and astonished sentinel 1.t the gate, character eminently fitted him for the task upon which he was about as he meets the fiery gaze of Allen, snaps his musket, which Gort pre- to enter, and his whole life seemed to have been spent in rendering vented from being discharged, and flies to the fort for succor and him more fit for it. In frame be was gigantic, in disposition bluff', alarm. When he gets to the inner gate, he attempts to bar it against petulent, willful, d..'tring, jealous, and tenacious of his individual the approach of Allen and his men. Deacon Amos Weller, of Rut- rill'hts and those of his fel1ow-settlers; he added to these qualities a land, with the body of a giant, was in the front file. "Uncle Amos, si~cere and pnre patriotism that never cooled or grew dim, and a put your shoulder to this gate!" shouts Allen, ere the line bad come courage and sagacity equal to any emergency. to a halt. Uncle Amos obeyed, a.nd in a moment more down came "Out of his fiery zeal and fierce struggles, in the end," came the gate, sentinel, Uncle Amos and all, thundering to the gronncl. They State of Vermont and the establishment of all her boundaries. He was are now within the fort, and Allen, in his wild excitement, rushes for the pet and idol of every man upon the grants and the scourge and the officers' quarters, while the men come leapinll' in through the tenor of their foes. The beach seal and the skin of the catamount casemates and the gate, and quickly form in a hollow square upon were the instruments of his vengeance; and usurping ma~istrates the pa.rade. and bogus tax-collectors fled the borders at his approach. His pres- "Where is the officer of this fortT" cries A1len. "Let him come ence was commanding and his soul deeply imbued with the spirit of forth and instantly surrender, or I will s:wrifice every man in the liberty. He was thoroughly acquainted with the wants of his people garrison." With blanched cheek and trembling limbs, Delaplace and tbe wrongs and insults they bad suffered. His whole life had hurriedly opens his bed-room door, and with pants in hand and draw- been one of strife and contention while l>attlingfortheright. Through ers but partly on asks by what authority he makes the audacious his prowess and negotiations Vermont became neutral ground duriug demand for the sunender of the fort. "In the name of the Great, Je- the war, by his strategy the desolating scourge was averted from her hovah and the Continental Congress!" roared Allen, in tones which people, and through his statesmanship she was at last admitted into awoke the echoes in the far-off Green Mountains, while his sword the Union. · quivered and trembled over the head of the frightened .Briton. It is no wonder then that this man in the spring of 1775, when the light As might be supposed, after such a demand, by such a man, in the in the steeple of the old South church called freemen to arms, should name of such a power, no more parley could be held; and the fort, be found thoroughly disciplined and "ripe for treason, stratagems, wit.h two officers, forty-eight men, rank and file, one hundred and and spoils." twenty pieces of artillery, together with a lar~e amount of arms ancl On the 9th of May, Allen wJth his little army of two hundred and ammunition, was instantly surrendered, and Ethan Allen and Old Ti. seventy men, moved caut.ionsly through Sudbury, Whiting and Shore- were from that moment immortal. ham to a point called Hand's Cove, on the eastern shore of the lake, Soon after the capture bad been made, Seth Warner came over with arri ,-ing there under cover of darkness. Here n!'W difficulties awaited the rem:.tinder of the force, and Allen found himself in this British them. Douglas had not reported with boats, and Captain Herrick stronghold :.ttthe head of two hundred and twenty-six men, of whom had not then arrived with his new levies of men, designed as re-en- one hundred and forty were from the New Hampshire gmnts ::mel forcements; hour after hour passed, and yet no boa,ts appeared; Allen known iar and widens Green Mountain Boys, seventy were ·from Mas- chafed and roared like a caged lion, and the men, as soldiers always sachusetts, and sixteen were from Connecticut. With so small a force do when kept still, swore like the army in Flanders. Daylight was it was necessary to be constantly on the alert, and Warner was sent now approaching and unless the assault was made upon the fort at off instant.Jy to take Crown Point, which he did next day, capturing once, they would be discovered by the garrison, and the entire object eleven men and sixty-uno serviceable cannon. The conquest having of the expedition be defeat~d, for they could no more capture the been made reasonably secure, the old dispute between Allen and Ar- fort, except by surprise, than Satan could cany the battlements of nold, which had been compromised at Castleton, broke out again ; heaven by storm. At Jast one ole them toward the opposite shore. As they near the shore the nental Congress" became a watchword n.nd a pean. misty outlines of the fort loom up in the gray of the morning, like In the midst of his glory Ethan Allen organized an expedition to some grim giant waiting to crush them at a single l>low; and just as take Montreal and Quebec. At the outset of this enterprise be was · 1876. CONGRESSIONAL RECORD-HOUSE. 3183 taken himself, and t.be next two years and seven months he s~ent as Mr. HENDEE. I move the previous question on the adoption of a prisoner in British dtmgeons and war vessels. M?st of the tune he the resolution. was in irons, and hardly ever was be treated as a pnsone! of war. In The previous question was seconded and the main question ordered; British eyes be was an audacious rebel, and the wonder l8 he was not and under the operation thereof the concurrent resolution was unan- hanged. But at last he was exchanged at the Staten Island. station, imously adopted. and w~ at home again in the American lines at New Brunsw1ek, New NAVAL APPROPRIATION BILL. Jersey. Congress sought to recompense b~m for his sufferings by vot- Mr. BLOUNT. I move that the rules be suspended, and that the ing him~ commission as colonel in the C~n~rnental Army. He accepted Honse resolve itself into Committee of the Whole to resume the con- it; but 1t does not appear that he ever JOmed the army. A;; tile Ilero sideration of the naval appropriation bill. of Ticonderoga his military career began and· ended, and hlS restless, The motion was agreed to. · adventurous life came to an early close in 1789 from an attack of ap- The House accordingly resolved itself into Committee of the Whole oplexy. on the state of the Union, (Mr. CLYMEH in the chair,) and resumed From the capture of Old Ti. down to ~h~ close of. his life ~len de- the consideration of the bill (H. R. No. 3375) making appropriations voted himself who1ly to the work of qmetmg tile t.1tles of his people for the naval service for the year ending J nne 30, 1877, and for other to their lands, settling their disputes, protecting them by force and purposes. strategy from the ravages of the war, a_n~ by his boldness, sagacity, · CHDrnSE DrniGRATION. and dashing policy overcame all oppos1tion and prepared Ver!llont :Mr. PIPER. Mr. Chairman, migration, considered M to its causes for admission into the Federal Union, which was finally accomplishecl and effects presents analocrous and even identical characteristics in all two years after his death. u; 0 arres and all countries. 0n every page of history we find accounts of Snch in brief, Mr. Speaker, is the history of the man and of the the wanderings of patriarchal tribes and ~arbarons hord~s, and sinc.e capture of that renowned fortress which, although not vast in the the dispersion of the peoples by the confusiOn of tongues, human £ann- number of men and value of property capt.ured, yet was tr::msce~d­ lies have been moving over the ear~h, from north ~o sout~, from ell;st to ently important when it is remembered that it was ~he first offensive west, impatient and unweary, until t)ley succeed m ~dmg a tern tory and aggressive movement on the part of the colomsts and the first suited to their tastes and wants, whiCh becomes thetr adopted coun- grand success in the long struggle for independence which followe~. try, the theater of their future development. When once transplanted It formed a baiTier aO'ainst the intrusions of the treacherous Canadi- to a propitious spot, they t~ke ro?t, grow,.and p~rpetua~e the~selves ans and savage India~s on the north; it gave the colonists confidence as a distinct people. Insprred w1th a destre of ~mprov~ng thmr con- in themselves and secured them the respect and esteem of mankind; dition, actuated by a. love of conquest or of gam, or Impelled by a the name of Allen and his Green Mountain Boys became the pat1·iot's spirit of enterprise, these hardy pioneers become the fonn9-er~ of col- battle-cry, and will live in song and story as long as heroic deeds and onies, which, by gradual accretions, grow to be powerful nations. noble self-devotion to the canse of liberty and free government shall Careful and judicious observers ha:ve proved that t~ese movements command the veneration and homage of our race. took their start from the elevated regwn of Central Asm, the supposed In the wealth and abundance of Vermont's great names and glow- cradle of mankind. Its nomadic inhabitants, in process of time and ing examples I can but feel that the selection made by the people of to escape the evils of overpopulation, poured out in swarms through my St.ate of tbe men to represent them in that mute but eloquent its solitary passes and spread over the countries of the Eastern Hem- gronp is peculiarly apt and fortunate. isphere. )~rom this center came the Huns, the Tartars, the Mongo~s, While Ethan Allen nobly represented one extreme of Vermont char- and other Asiatic tribes which devastated Europe and whose exploits acter anc.l reputation Jacob Collamer as fully and worthily reprA- are recorded by the Roman and the Byzantine Ilistoria."!ls. .These con- senterl the other; and together they embodied and combined the quests, originating through love of plunder, wer~ also msprred by the patriotism, learning, culture, daring, intelligence, pluck, advance- fierce pleasures of war and of s~nseless devastatiOn. . . ment, and civilization of the people of that State during the first cen- B11t there were other migratiOns much more peaceful lD theu na- tury of their political existence. . . . ture and of these the most prominent. were the expeditions to st.range The statue is certainly one of the boldest designs and finest speCI- and' unknown countries conducted by the Pbenicians and Cartha- mens of art produced by American genius and skill. It represents genians in ancient and by the Iberians and theAnglo-~axons in :r;no~eru the hero at the moment when, standing upon the stair-case with his times. As for many centuries the means of locomotwn were hm1ted, left arm thrown across his breast and his right band grasping his the progress of these early movements was slow, b~ing ~alle. p~in~i­ hncre bla.de, he a.nnouuced to the astonished and affrighted Laplace pally by la.nd, while the naval adv~ntures sent out m shtps of dlnnn- tbg high authority by which he demanded the immediate surrender utive size were comparatively few m number. of the fort. This circulation of tribes and companies continued for many thou- The people of Vermont prize this statue, not only because it is a sa.ud years· but at last the human race settled down in permanent trne and vivid representation of their early champion and patron occupancy ~f certain well-defined limits, a~d now, toward the cl~se saint., Lut bec::mse it was conceived and executed by one of her own of the nineteenth century, the globe is portwned out among four dis- talented and worthy sons. tinct races, destined hereafter to keep separate and a,part. "The sculptor's chisel cannot delineate his qualities of mind and heart," or produce that voice which, amid gloom and despair, echoed THE FOUR GREAT RACES OF ME..'i. from Maine to Georgia. as it called the men of ihe Green Mountains The four O'reat races of mankind-the white, the yellow, the black, to arms in tho canso of freedom a.nd independence, but it will, at and the red~ in their migmtions have divided the earth among t.hem- least, "remiud the observer of one whose life was made illustrious selves in unequalvroportions. The white race, excelling in strength, by disti ugnished services rendered in the dark day w bich ushered our activity, and intelli~ence, and possessing a high degree of civmzation nation into being." with its predomir~.atmg forces,. h~s conqu~red three-fifths o~ t~e. ~ab­ Vermont presents this noble effigy of her son as worthy the com- ita.ble globe leavmg the remammg two-fifths for the sem1-c1Vihzed p:mionship of the most illustrious dead by which it will be surrounded yellow race: the savage African and th.e. perisbu1.g rerl. u~an .. The 1 and as her rich offering to the nation's sacred treasure. In the name white race bas been endowed with qualit1es espeCially fittmg 1t for of that gallant people we bring it here and place it beside those of possessing and occupying the e:'lrt~ to ~be exclusion o~ all o~her ~lasses the men who knew and trusted him in the da.rk and bloody days of of mankind; it seems to be mstmctlvely cosmopolite, d1ssennnates the Republic. The spirits of heroes and statesmen welcome him to itself easily in places propitious to the whltes, ancl does not recoil be- that august presence, and the bronze and marble lips greet him as he fore the heats of the torrid zone. steps forth t.o take his place among that immortal bnnd. It is well The members of the Anglo-Saxon branch, possessed of high anll un- that they should be placed here in the nation's Capitol, in the very daunted courage and gifted with muscles of iron, Ilave been remark- center of the strength and majesty of the republic and in the ball ably successful in founding colonies; ru1d this success cau be attrib- which bas so often echoed the voices of the ablest orators and states- uted chiefly to their great adaptability to self-government. They men in the land. absorb within themselves all other families of the same 1·ace, and The simple ceremonies we perform to-day will soon be forgotten those who refuse to assimilate are either driven out or wither and and those who engage in them will pass away, but the hero we honor decay under the overshadowing influenceD£ a more active civiliza,tion. and the principles Ilis marble is intended to commemorate will live THE A....--.GLO·AMERICAN RACE. forever. In coming years it will be the Mecca, and our children will gather AsRimilation and absorption constitute the essential characteristics there to renew their loyalty and gain fresh courage and a new inspi- of the people now inhabiting our country. The Spaniards mn.de set- ration for the high and sacred duties of life; there they will recount tlements in Florida, the French in South Carolina and Louisiana, the the deeds of heroic valor of Allen and his brave men, and in that Swedes on the Delawa,re, and the Hollanders in New Amsterdam; sainted presence rekindle the holy fires of liberty and patriotism but all these once prosperous colonists have become absorbed by their which flashed forth on. the lOth of May, 1775, at Old Ti. What Ver- more active neir•hbors, and now it is bard to distinguish between the mont Ileart shall ever grow so callons as not to warm when he be- descendants ot the phlegmatic D_utchman or ~he .simple-.hearted holds itT What. American will not be strengthened when his eyes Swedes and those of the BTitona. San Augustmc, m Flonda, the shall rest upon it? And as we stand in that consecrated hall and oldest town in tbe United States, is little better than a ruin, and the look upon that towering au DUPLICITY. society and land-cmnpany system, and hence arose many of the diffi- Consequently the effect upon the subject ra.ce is highly injurious culties both internal and external in the colonies, among which may and destructive of all moral qualities. The a.rbit,rary power of the be mentioned the obstinate enID ATHEISTS. tion of steam both to land and sea carriage increased the means of locomotion, and by bringing together the natives of different coun- The Chinese are also an ignorant people, as the practical difficulties ti·ies in large masses tended to break down the barriers of language of their language are very great. There are at least 25,000 ditierent and prejudice. In this way the people of our country have formed a characters sanctioned by polite usa.ge, while the entire number is race of their own-the Anglo-American-speaking the same language, placed as high as 201,000. The burden of 1·emembering so many com- the English, but combining all t.he best qualities of t.he dill'erent white p1icated symbols whose form, sound, and meanings must all be under- races now a-s similating and forming a homogeneous whole. stood, is so great that a life-time is consumed in acquiring an educa- The energy of the Anglo-American race is remarkably observable tion, apd the result is valueless. Only thr€'e men in one hundred and when the decay of the red man is studied; this subject needs no only one woman in a thousand can read works written in the classic amplification, for the fact is fully proved from the circumstance that style. The books teach little worth knowing except maxims of mor- at the present time our Government is embarrassed with the difficul- ality long reduced to actual practice by tbe western nations, brit ties of the treatment of the Indian tribes, and cannot decide which neglected and forgotten by the Chinese; and the histories only furnish of tile many plans proposed shall be adopted to delay their extinc- a warning against the results of a false system and a vicious policy. tion and render it the least painful. They are grossly superstitious, believing in the efficacy of magical THE AFlliCA.J.'i A DISTURB~O ELEMIDiT. arts of the most revolting description, and they have no religion except the worship of the tablets of Confucius and of thoir individual an- Througil man's avarice and tile desire to facilitate the opening of cestors. Having no moral sense of right and wl'ong, they are pmctical the boundless forests and the cultivat.ion of the rich virgin soil, the atheists, det-ermined suicides, and systematic inf:tnticides. They do African was stolen from his native jungle and transported to the col- not observe any weekly day of rest, and, in their worship, beat gongs, onies of theNewWorld-afatal measure, sowing dragon's teeth; and ring bells, explode fire-crackers, and burn papel' petitions. They use ·no Cadmus cou1c1 have anticipated the crop of armed men which actu- praying-machines and expend immense sums in the rf'lpair of temples a11y sprung up in the irrepressible conflict between the sections of our and in the purchase of idols in which they do not believe. Their form once happy country, bringing on a civil war the like of which the of oath consists in cutting off a chicken's head-a symbol that a like world had never before seen and inflicting heavy penalties both upon fate awaits the false witness-but there is no solemn appeal to a su- the white and the black man. And this happened, not because the Af- preme being who will punish him either here or hereafter. rican was by nature aggressive and a disturber of the public peace, but This description is not overdrawn, for a prominent missionary who from other causes. Indeed the uegro was peculiarly docile, impres- h:J.s been living in close intimacy with this people for over forty ye:1rs sionable, and emotional, readily accommodating himself to our habits, likens Chinese society to a stagnant pool fermenting in, its own fecu- civiJization, and religion. But the real cause of his being a disturb- lence, whose torpor is only disturbed by the monstrous thin~sit.sown ing element in the bodr-politic arose from his physical difler6nces heat generates, and becoming more and more polluted casts up notil- and his incapacity of assimilation with the white race, and hence ing but mii·e and dirt. be was held in bondage by the superior man. If he had belonged to R~COROUS HOSTILITY TO FOREIGNERS, onr own race, does any one believe that his shackles would not have fallen oft· when the Declaration of our Independence was promulgated 7 The most striking traits of the Chinese, however, are exhibited in their intercourse with other countries, and their odious superstitions IMPOLICY OF INTRODUCIXG THE CHINRSE. have been proved beyond the possibility of doubt by their bitter, in- vVith these warnings and examples before us, it seems astounding eradicable hostility to the western nations and especially by their that men-some actuated by mist.aken humanitarian ideas, others im- savage attacks upon foreign residents. . pelled by a greedy desire for gain-will insist on importing Chinese The Chinese Empire, surrounded by lofty snow-covered mountains, into our couutry, since this short-sighted policy will only bring ruin impenetrable jungles, and artificial walls, has from time immemorial and destruction upon us. We, are all familiar with the mental and been the symbol of bigoted exclusiveness. · With these barriers, t1:Je physical characteristics of the African, but very little is known about intercourse with foreigners, confined to the frontiers and the sea-coast, the Chinese except by residents on our Pacific coast. A careful study, was merely commercial, and was conducted on principles degrading however, of their peculiarities will show that. they are unfit to be- to the pride of the western nations; and history furnishes a curious come even residents of tile American Republic. and melancholy record of ill-requited obsequiousness before insolent 'l'HE CHIXESE AT HOME. barbarian lackeys. The early embassies were subjected to humilia- The Chinese are of a sickly white or light-yellow color, with coarse, tions and the ambassadors were guarded like c1·iminals, treated like glossy, lank, black hair, and thin, scanty, black beards. Their eyes beggars, and entertained like mountebanks. In later times, the are invariably black, and apparently oblique, owing to the internal grievances became more serious. The load_ing of ships was delayerl, corners being more acute than in the white race. Their faces are re- goods were stolen, crews were maltreated, underlings were e.x:tortiou- markably round, with high cheek-bones and small, much depressed ate, and access to the l.tigh authorities for complaint and redress was noses, and thick lips. The women are disproportionately small in size, denied. The dealings with foreigners were conducted in the spirit and, with their broad upper face, low nose, and linear eye.s, possess of a government proclamation that thejankwei-that is, the '' fort~ign little beauty, and in fact are quite the reverse of handsome. deYils "-are like beast~::~ and not to be treated like-the natjves. These are the characteristics of a subject., servile race; and the COMliERCIAL TREATIES EXTORTED BY FORCE. Chinese in fact for over six hundred years have been slaves of the The modern relations between China and the western nations haYe Tartars, to whom even in remot-e times they paid tribute. Unable to been almost exclusively commercial, but the treaties were not nego- relieve themselves by their own exertions from their cruel enemies, tiated by pure diplomacy, they were rather extorted by an overpow- they called in the a sistance of Kubla Khan and his fierce Mongols; ering exhibition of force. The principal disagreements arose from but by this course they simply pla-ced themselves under a more arbi- the persistent refusals of the officials to redress grievances, and their tmry oppressor, who subjugated them with cruel slaughter. During obstinate denial of access to the Emueror. From these causes a state the ensuing century several insurrections broke out, only to be quelled of war continued·from 1836 to 1860, when, in consequence of the cap- with great loss of life; but at last the Mongols were expelled. ture of Peking a.nd the sacking of the Emperor's summer palace, the The Chinese, however, were not able to maintain themselves be- Chine!!e granted to foreign ewbassadors the right to reside at tbe fore the Tartars, anti the warlike Manchus with a small force sub- capital, and also opened twenty-one ports to trade. During this dued the entire conn try, deva-stating the sea-coast and effectu{tlly period of twenty-four years of war sever:1.l commercial treaties were crushing out all resistance. As a sign of submission, the .Manchus negotiated by Great Britain, tbe principal belligerent, and other compelled them to adopt the national Tartar mode of shaving the powers, including the United States, were admitted to similar privi- front of the head and of braiding the hair in a long cue. This order leges. These treaties, however, were wrung from the Chinese by ftlar, was resisted, and many suffered decapitation rather than part with and were not obtained through a sense of reciprocal advantn.ge, since ~he ir hair, out the mandate was gratlually enforced, and for two all they desire is to work out tbeil' own destiny in their own way- Ct~nturies this degrading sign of conquest has been one of the distin- that is, simply to retrograde and to relapse into barbarism. T·ltey guishing marks of a Chinaman. This cond-i tion of abject servitude made small concessions to avert great demands, and their whole still exists, and the present rulers, from the Emperor downward, ex- struggle was a.nd continues to be against making any concessions at all. 187&. CONGRESSIONAL RECORD-HOUSE. 3185 THE BGRLINGAllffi TREATY. THE CHINA QUARTER ABmnNATJONS. After this effectual chastisement of their barbarian arrogance, the The China quarter in San Francisco has driven off the old white Chinese, with characteristic duplicity modified their policy, and residents from the vicinity, and put a stop to imrrovements; it is It dreading the return of the fleets and armies of the western nations, hiding-place for shame, filth, crime, disease, and abject poverty, and adopted the plan of conducting negotiations at the capitals of the every town on the Pacific coast is cursed with similar abominations. Christian powers, and to effect that purpose sent. out Mr . .Anson Bur- They have no domestic life worthy of the name, the sacred rela- lingame and two Chinese envoys of the second rank on a roving dip- tions of husband and wife being almost wholly disregarded. The lomatic mission. From this source originated the famous Burlingame women are nearly aJl slaves in condition and prostitutes by vocation, treaty of 1868, the effects of which have so recently been complained and the men, substantially the bondsmen of the six companies, are of. Under this treaty the citir,ens of the United States residing in abandoned and dangerous criminals, opium smokers, and gamblers. China enjoy the same privileges in respect to travel and residence as DESTRUCTION OF LABOR IXTERESTS. may be there enjoyed by citizens and subjects of the most favored They have monopolized menial labor and many of the lighter me- nations, and reciprocally the Chinese in the United States are entitled chanic arts, thus depriving American boys and girls of opportunities to similar privileges. of employment, closing the avenues of labor, and driving many to en- But, althou~h the language of the treaty is identical in establish- forced idleness and want, resulting in confirmed poverty and crime. ing the rights of the citizens of one country in the dominions of the They have robbed women of work which afforded them an honest and other, yet the actual concessione are by no means identical; fo1· in virtuous independence and have compelled many t.o resort to doubt- China the citizens of the most favored nation have no rights of resi- ful means of support. They have taken the place of tens of thou- (lence except within certain narrow limits at the treaty ports, while sands of white men who would have immigrated to the Pacific States in the United States citizens of all nations can reside where they and who would have bought farms, built houses, raised families, and please and travel anywhere without molestatiop. The treaty also supported numerous dependents. provided for the introduction of railroads and telegraph lines, bp.t The fatal and unwise policy of corporations in importing and em- this concession could only have been intended for the benefit of ploying Chinese of the lowest caste bas turned in onr direction a speculators and not of the people of the United States. stream of undesirable immi2Tants which, unless checked, will in a After concluding this treaty at Washington the mission proceeded short time overflow the Pa.ci'fic coast and reduce thn.t region to a con- to Europe; but in consequence of the profound distrust of Chinese . dition of barbarism. Had these corporations employed white labor- professions entertained by the western nations Mr. BurHngame was ers, at the present time in the Pacific States there would be thou- unsuccessful in further ne~otia.tions, and the pretended objects oi sands of homesteads occupied by . able-bodied fathers of families, the embassy were effectually frustrated by his sudden death under cultivating the soil and building up for the railroads an immense bnsi- circumstances ca~ting suspicion on his Chinese colleagues. ness in the transportation of farm products. Instead of securing THE TmN·'l'SL'I' JliA.SSACRE. these substantial and enduring benefits, these corporations imported A few months had hardly elapsed after Mr. Burlingame's sudden a vast army of Asiatics, who remit their earnings to China and send death when this incredulity of Chinese professions was strikingly to that country for the clothes they wear and even for the food they cou:firmed by the news of the horrible massacre at Tien-Tsin, June eat. Instead of introducing permanent settlers, these companies 21, 1870. This fearful tragedy deepened the impression of the ignor- brought in upon us the very lowest of the low classes of a semi-bar- ance and superstitions of the Chinese, of their dark and hideous crimes, barous people with ineraer much this state of af- san be seen a.scentiing Jts ronnds. fairs may be deplored, we cannot shut our eyes or stop our ears to It has been many long, unhappy yean~ Rince the minds of the north- what is too obvious to be avoiued or evaded. Centennial gush and ern and southern people have bee11. sufficiently calm to understand declamatory patriotism may gloss it over, but these spasmodic and each other, and to appreciate with judicial fairness each other's mo- ephemeral exhibitions of fraternal feeling are but the prismatic hues tives. They tljd not understand each other w ben the w:=tr commenced; that shimmer on an iceberg when the rays of a winter sun fall upon if they had appreciated the situation, humanity rel}uires u.s to be- its cold bosom. lieve that both sides would have paused long before plunging the That a majority of the people of both sections desire a restoration country into all the horrors of that terrible struggle. I shall always of peace and fraternity, tbat in their moments of cool reflection believe-though in this I may. be mistaken-that if the voice of the they feel convinced that the welfare of the country is not promoted border States, even after tl1e secession of their s8uthern sisters, had by the indulgence of angry feeling and bitter words, bnt the inter- been heeded, the war might have been averted. Theirs was the calm- ests of both sections demand a cessation of the unseemly quarrel, I est voice that rose above the storm of paasion that preceded active have no doubt. But it is so difficult to abandon lea-ders whom we hostilities. They knew that their te.rritory would be the battle-field, have been accustomed to follow, to break up party associations of a.nd upon them would fall the heaviest blows of the war. They were long standing, that many whose intentions are good, whose purposes not responsible for the war, whoever else may have been. They ex- are pure and unselfish, are borne along by the force of circumstances hausted every effort to avert it. They were sincerely attached to the in a course of action which their sober reason cannot approve and Union, and anxiously desired its preservation. But the war came, their deliberate judgment condemns. But the time bas come when against their protest and despite all their efl:'orts to prevent it. And if politicians in their crusades of hate and denunciation do not rep- whatever mav be thought of the course they saw tit to take, when resent the people, they must make it known to tLe country through they were forced to fight on one side or the other, this much may be the ballot-box, by consigning to the shades of private life all these said in vindication of their motives: They cast their fortuues with disturbers of the peace. Sectional feeling may be fomented and fos- the weaker side, and din not seek to save themselves or their prop- tered until it becomes chronic, when time, which heals many wounds erty by taking shelter under the protection of the heaviest artillery and re-unites many sundered ties, will be impotent to bring us to- and with the most powerful army. gether, and revolving years will only witness the gulf widening But these things belong to the past, to which I do not propose to which divides us. refer any further than to draw lessons for the present and warnings The man who willfully promotes the indulgence of sectional ani- for the future. If sectional strife bas once hurried us into the mis- mosity and represses the growth of fraternal feeling among the peo- eries of war, let u.s see to it that it never does it aqain. Let us cease ple, relying upon the use of the sword by the majority to keep the to travel a road beset with so many dangers anu that once led us minority in subjection, is a despot at heart, false to all the teachings through so many horrors. and traditions of American history, and a foe to the Constitution of Mr. Chairman, he who seeks to perpetuate strife between the sec- his country. The strongest bulwark of a republic is not to be found in tions who engaged in the war insults the ~rave of every Federal forts and arsenals and armaments, but in t.he affections of the people soldier who oftered up his life to save the Uruon and robs the victory for the government. We sometimes dispute about the term to be won by Federal arms of its chief and only glory. For what purpose applied to our Government to designate its chara-cter, some asserting was the war waged by the Government of the United States f that we are a nation, others that we are a republic, and others that When McDowell's well-appointed Army, with flying banners and we are something else. But it matters not what terminology may be rolling drums, marched from Washington, it was expected that the employed to characterize our form of government, whether we call rebellion would be crushed as soon as the Federal Army could come it a nation, a republic, a confederation of States, a democracy, quo- up with it, and that the national flag in less than a month would cunque nomine gaudet, if it is not founded on the affections of the peo- wave over the capitol at Richmond. The man who at that time ple it bears within its bosom the seeds of decay and the elements of would have been bold enough to suggest a different re:sult would have ·dissolution. been arrested for uisloyalty. The result of the first great battle of Do we expect or intend that the process of alienation shall always the war is 'Yell known. That magnificent Army that marched out continue; that there is to be no end to mutual distrust and sectional under the inspiration of the gay romance of war soon learned that antipathy 1 .If not to continue forever, when do we propose to change war was no holiday pastime, and broken and scattered fell back upon the situation, and how! If sectional hate is a nationa.l blessing, let the capital in wilrl dismay. Consternation reigneu in the streets of it be promoted by all means. Let us hail its most active propa~ators Washington, as the confederate army was hourly expected to enter as the best friends of the country, and crown them with the h1ghest an$1. take possession of the city. President Lincoln had called for honors of the Republic. Let us bate. each other with all the powers seventy-tive thousand troops to put down the rebellion. General that God has given and the devil bas perverted; let epithets that Scott., haviug suggested that it would take three hundred thousand hiss with scorn, words that burn with passion, denunciations that men to suppress it, was charitably set down as in his dotage. The scream like shells through the air, be exchanged between us as fast North now be.gan, fur the first time, to realize the magnitude of the and thick as bullets flew upon the bloodiest ba.ttle-fields of the war. enterprise on which they had embarked. For the first time they felt The more we bate each other the stronger the Government will be- that the necessity ~as upon them to husband all their resources, to come. Trade will revive under it, commerce will spread her sails on make as few enemies and as many friends as possible. Hence, soon new seas~ confidence will be restored, and gene1·al prosperity will re- after this disheartening and humiliating rout of their Army, on the visit all the people. The national debt will be borne with cheerful- very next day, I believe, the venerable John J. Crittenden, of Ken- ness and paid without difficulty. Under Hs benign influence the tucky, who ha.d made a noble and patriotic, though unsuccessful, South will recuperate and grow rich and the great and wealthy effort to compromise the differences between the sections and thus North will reap from her re-established trade with the South the avert the threatened catastrophe of war and dissolution, came for- golden harvests of other years. The representatives of foreign na- ward in this House and offered the following memorable resolution: tions who come to our Centennial will regard t.he grand display as a Resolvrd, That the present. deplorable civil war bas been forced upon the country national joke, and, lifting their hands in admiration at our discovery by the disunionists of the Southern States, now in revolt a~aindt the constitutional of a new way to prosperity and happiness, will exclaim, "Beholll how Government and in arms arountl the capital; that in this national emergency Con- gress, banishing all feeling of ?nere passion or resentment, will recolLect only its duty sweet and how pleasant it is for brethren to dwell together in per- to the whole countnJ; that this war iB not waged upon our part 1.n any :,pirit of op· petual strife." pression, nor for any purpose of con'Jtt.est or subjugation, nor for the purpose of over- Ah, Mr. Chairman, if we hav:e only exchanged a war of the sword throwing or interfering with tho rights or estal.Jli.shetl institutions of those States, for a war of words, the paseions of belligerents for a settled hate that but to dt>fend and maintain the supremacy of the Constitution and to prese,rve the Union 10ith all thP. dignit"IJ, equality, m1d rights of the litveral Sf unimpaired; tllat camwt be appeased, the Union has only been restored iu name, as soon as these objects are ucoowpli:>hed the war ougllt to cease. 3188 CONGRESSIONAL RECORD-.HOUSE. ~fAY 18, This resolution passed the House with only two, and the Senate they did by hearts regardless of all social duty and fatally bent on with only tive, dissenting voices. mischief¥ I would srt.y to the entire northern people, if my humble There is no mistaking the profound concern and painful appre- voice could reach them, that history has furnished no example where hensiom~that pervaded both Housesof Congress when this resolution large masses of men have periled life, property, home, wife, children, was passed. They stood in the presence of a hitherto unappreciat.ed all that man loves most fondly, all .for which he dies most willingly, ahd unrealized danger that appalled them. Their utt.erance was a in a cause which they believed to be wicked and unholy. Believe as cry of agony from the national heart. They ~leclared that they would firmly as you please that their jndgment was at fault and that their banish from their hearls aU passion and resentment and would only views were wholly erroneous. We do not ask yon or expect you to recollect their duty to the whole country; they disclaimed all inten- believe as we believed on the dead issues of the war. tion to oppress or subjugate or conquer the South, and, in clear ring- Our opinions are generally the outg;owth of education and associ- ing tones, intenden and resentment and the recollection of the duty of all the secession democracy. I invoke the attention of every candid n.nd men to the whole country, not forgetting the dignity, eq11ality, and intelligent northern republican to a few suggestions on this subject. 1·ights of the several States in a re-established Union f .May I not I will take my own case, not referring to myself in any spirit of ego- make tbe invocation in the namea of the brave men who were in- tism, but because my case illustrates tha.t of thousands of others. duced by the promises and pledges contained in that resolution to From my .Polit~cal in~a.ncy, I was a member of the whig party, to march to the field of battle and a soldier's grave Y the da.y of Its chssolntwn, and acted and vored against the fleruo- Mr. Chairman, Fort Donelson, one of t])e great battle-fields of the cratic party in all political contests before the commencement of t.he war, is situated in my congr.essional district. It was upon that mem- · war. When tbe war was over I returned to my home, with no other ora.ble field that General Grant won his spurs and entered upon that purpose, intention, or desire than to obey the laws n.nd strive aR best eareer of distinction which made him Commander-in-Chief of the Fed· I could to make ~n honest living. Very soon, a sweeping act of dis- eral Army, the hero of the war, and finally President of the United franchisement wna passed by a body known in the nomenclature of the States. On a commanding eminence: overlooking the town of Dover, times as the Brownlow Legislature. In the county where I live, con- where the battle was fought, is located a national cemeter.v, where a taining a voting population of about five thousand, not more tlla.n ~rateful country has collected the bones of her brave defenders. Dur- two hundred white men were allowed to vote at all. Tbe power mg my canvass, being in the vicinity, in company with a friend I given to the governor in the appointment of registration officers was visited the spot. A wounded soldier, who had charge of the place, re- arbitrary aud absolute. If such officers dared to register voters ceived us with courtesy and politeness, and we were permitted to whom the executive did not wish registered, the re()'istration was set drive wit-hin the inclosure and survey the scene. It was as lovely an aside and the rAcalcitrant officials removed and othe_rs appointed in autumn da.y as ever smiled upon the earth. From a lofty staff in the their places. Thus, virtually, the right of the citizen to vote de- center of the grounds the American flag: floated gracefully in the pended upon the will of the governor. Under this system, the voting breeze. At the base of the hill the beautiful Cumberland, like a belt in my county was done by the recently-enfranchised colored people. of silver, glided on its peaceful way. No iron-clad monitors now I have stood upon the streets of the town where I live, and seen as thundered upon its bosom, and the surrounding hills, no longer swept many as two thousand of these colored voters, marching to the polls by the storm of battle, seemed quietly dreaming in the golden light in solid column, under the leadership of a carpet-bagger-~ strn.nger that bathed their summits. Just in sight wen~ the confederate rifle- to our people, while scarcely a tax-payer in the county was allowed pits. The winds and rains and stoTms of intervening years bad filled to approach the ballot-box. them nearly even with the surface of the earth, and trees as large as It is true I had been conquered, the cause I had espoused l1ad uecn a man's body had grown upon the spot where they were dug. I looked lost, and the banner I had followed through the storm of battle had upon the graves that lay around me wit.h no other feeling than that been furled forever, but I still bad the instincts, the feelings, and the of reverence and respect. The grave t.h.a.t contains the ashes of one sensibilities of a man who was born free-and all candid men must who bad faith enough in hi~ cause to die for it, whether his cause and admit, whatever they may think of the propriety or justice of tbe mine were the same or not, could never fail to command from me the law in questi~n, that the system wasnotveryha.ppilyframed or man- homage due to integrity of purpose and lofty courage. As I walked aged to induce me to become a member of tlte republican party. By amid those gr~vea I aske.d myself the question, "Did these men die what. to us seemed a providential disagreement between the leadel'S in vain f Is the Union they fought to save never to be restored save of the republican party in Tennessee, that State, sooner than her sis- i·n theory and in name t Is the sectional strife that preceded and pro- ters of the South, passed from under the yoke, and in 1870 was ena- duced the war to still pursue this unhappy country like a sleepless bled to call a convention of her representative men who framed a and remorseless Nemesis'" constitution which conferred upon every man in the State, white and But the place and its associations called up in my mind thoughts colored, the right of suffrage. During those dark years of proscrip- of other men. They, too, with that sublime faith in the justice of tion and passion you of the North can uever know with what anxiety their cause which forms the martyr's crown and the hero's passport and apprehension we watched th~ infnriatee said t.o the mutilated and bleeding South, South is more directly interested in the education of the colored man "We have been enemies in war, let us be f1·iends in peace. You have than the North; for, as he lives in the South and casts h.iS vote there, fought us like brave men, long and well, but we are victorious and it is among the southern people that his political power must be felt can afford to be generous. You give us your word of honor that you for weal or woe. accept the situation, we believe you-we are willing to trust you. Although we believe that the negro was clothed with all the rights 'fake your war-wasted country into your own hands and build it up. of citizenship too soon for his own good and for ours, no one proposes All the aid that we, who now control this powerful Government, can to undo what has been done or to deprive him of the rights be enjoys give you in restoring prosperity to your section shall be freely given. under the law. AB he has been made a citizen by law, let him be \Ve believe you have grievously ened, but it is human t.o err. The made one in fact, by enlightening his mind and teaching him to think past is in the eternal past, let us make the future as uright and happy for himself. If one man does the thinking for a thousand they will as time and our joint efforts can make it, and we bid you God-speed in be mere instruments in his hands, and like dumb driven cattle, obey all your undertakings to build up your ruined fortunes." If the re- his voice. But let each be taught to think for himself, and the con- publican party could. have risen to this height, they would have been stitution of the human mind will insure a diversity of opinion. Al- to-day far stronger in the South and the whole country far more pros- ready the more intelligent of the colored race are beginning to per- perous and happy. But instead of this policy which the situat.ion ceive the unwisdom of thrusting citizenship upon them immediately demanded and a wise statesmanship would have adopted, the colored after their emancipation, the failure of the reconstruction measures man, but recently emancipated !rom slavery, necessarily ignorant of to promote their welfa1·e, and the advantage to them of cultivating all system of Government, was, with a stroke of the pen, enfranchised; friendly political relations with the people among whom they aro the power to control the destinies of great States placed in his unskill- destined to live. ful band.'!, while the intellect antl culture of the South were forced In the recent national convention held by the colorecl people at into the background, a course which has entailed upon both mces Nashville, Tennessee, the ablest speech made beforo that body was curses from which it will take them years to reco'\'"er. delivered by Senator C. S. Smith, of Alabama, a colored man and I am aware that at the close of the war the republican party mani- delegate t.o the convention. Among other things, he said : fested great solicitude for the welfare of the emncipat.ed slaves. Of Now, every intelligent man will bear me out that it would ha"e been far better this I do not complain. It wa~ the duty of the Government to see to for the General Government, upon the emancipation of thA negro, to have given it that the riegro wa~ protected by the laws of the country. But it the black man a. spelling book rather than the ballot-box:. One of the great mis· takes which the Governmont made in its reconstruction policy wM to mvest the was a great mistake to assume that the emancipated slave and his colored people of this country, just emergin:! from slavery, with the rights of citi- former master were natural enemies, and that the efforts of the mas- zenship. I am honest in my convictions. But complaint never remedies an evil. ter would be directed to the maltreatment and oppression of his former As I remarked before, when these poor colored men were left to paddle their own slaves. The behavior of the colored people during the war forms a canoe they clrifted out to sea. without a pilot, rudder, or compass. Then came the carpet-baggers, adventurers, and robbers, who cast about and took the colored man record of which as a race they may well be proud. Their conduct into their piratical craft and became his leaders. under the trying circumstances that surrounded them _disappointed And again he says: both the n.orthern and southern people. It was expected at the North I give the republican party a place in the third heaven of my gratitudeandaffee. that they would, under the accumulated wrongs of years, eagerly rush, tions, but I will tell you the republican party has failed to restore law, peace, and when the means were put into their hands, to take vengeance on their order in this country, and it has failed to relieve the distressed in time of need. oppressors. At the South it was feared that, inflamed by appeals He further proceeds: to their p~sions, they w-ould use their newly-acquired freedom by I am surprised at the obstinacy of colored men, who shut their eyes to facts. seizing the torch of the incendiary and filling the land wi~h all the Turn your backs upon those things which are real, blindly follow the lead of farty horrors of a vindictive and licentious insurrection. But they did and not principle, follow t.be lead of men that have damned u~ in the past am who neither. In thousands of instances, when the ma~ter was out in the will damn us in the futm·e, and you will have cause to deeply regret it. l£t us confederate army1 the faithful negro remained at home with the wife strike hands with the indepenclent conset·vative element of the South. and children until the close of the war, protecting and supporting The Nashville Daily American, in whose columns the speech was them. This couTse on the part of the colored race demonstrated two published and from which I have taken the above extracts, says of the things: First, that the northern people had misconceived the ~xtent manner in which the speech was received: of the sufferings of t.hat race under the institution of slavery, and had As he closed he was greeted with deafening applause. Members of the conven· consequently exaggerated the wrongs which they had to avenge; tion congratulated him, and men, both white and black, rushed upon him from be- hind the baT and from the galleries and took him cordially by the hand. and secondly, that the colored man had more principle and honor than the southern people had given him credit for. Left to themselves, :Much has been said and written of the outrages committed by the without the baleful influence of the bureau, the carpet-bagger, and white people of the South upon the colored people, and our whole the premature bestowal of the ballot, the two races at the South population have been represented as indulging toward the emanci- would have adjusted themselves in their new relations to each other pated slaves a feeling of Vindictive ha,te and merciless persecution. far more speedily, harmoniously, and satisfactorily. The conflicts Outrages have occurred in different localities of the South, very much that have taken plaoo in the South between them, greatly exaggera- to the regret and against the wishes of the order-loving people of ted for party effect and earnestly deprecated by the ma~s of our citi- our section. If, under the trying circumstances surrounding both zens, have had their origin and inspiration, for the most part, in the races, conflicts had nowhere occurred, and outrages have been no- evil agencies thrust by the system of reconstruction between the white where committed, it would have been a standing miracle in the and the colored people of the South. history of human affairs. The wonder is, not that now and then, It was an unfortunate day for the colored man when the advance- and here and there, these lawless demonstrations _have been made, ment of party interests or the suggestions of a misguided zeal for his but that they have not boen more general and frequent. Why, then, welfare required him in his ignorance and inexperience to be trans- brinO' against a whole people a sweeping charge of inhumanity formed into a politician. It was putting into his band an edged tool and iawless violence for occasional excesses, which are tile necessary with whose use he was wholly unfamiliar, and it is not strange that incidents and the legitimate outgrowth of the situation' he should have wounded himself in handling it. The .whole race, I again call on all fair-minded men of the North who love truth and manipulated oy the cunning hand of the carpet-bagger, went ever en justice to put themselves in our place. Suppose you had been con· masse to the republican party, and became under the influences that quered, your property destroyed, your families reduced to poverty, controlled them the oppressors of the white race among whom they your homes made desolate ; aud after you had surrendered your arms lived and whose friendship and good-will every instinct of interest and given your paroles of honor, the control of your States had been would have lele of recon- to flee the wrath to come 7" They joined you for the loaves and struction. I ask every honest man in the North, do yon think you fishes; cut off their rations and they will turn upon you and rend would lta.ve been able to so coutrol all cia scs of your population that you. They belong to a race whose instincts lead them to wag tile no outrages would bn.ve occurred, no outbreaks have taken place Y tail and bark, whether the bone that wins their hearts is thrown Go feel wb3>t we ha\e felt, p;o sufter what wa have suffered, go sub- from a northern or a southern hand. You may tilink a man of thi~ mit to what we have submitted to, and then judge us as you shall character more trustworthy, one in whose hands the honor antl glory hope to be judged at that great bar where no subterfuge can bide the of this country would be more safe than with the man who facecl yotl truth and no self-righteousness evaue the fiat of inexorable justice. in the red honr of battle upon the fieJUs of Gettysburgh ana Chicka- 'Ve have Jaw Jess men among us; so have you, so have all communities mauga, who followed the fortunes of the confederacy, until, surren- and all States. None of us carr afford to be weighed in millennia! dering his arms at Appomattox, be dropp-ed a tear upon the grave balances. where his cause was buried, gave his parole of honor to fight no more, I believe as firmly as I believe I am standing on this floor, that if and turned his melancholy footsteps toward his ruined home. But our positions had been reversed, and yon bad been placed in our sit- I beg leave to differ with you. In the bands of the man who gave up uation and we in yours, there would have been as many, if not more fortune, abandoned his home, welcomed hardship and suffering, en- outrages with you than there have been with us. Our war exp\3ri- uured the fatigue of the long march, the monotony of the camp, the ence was far different from that of the North. Our people whore- horrors of the hospital, the peltings of the storm iu the lonely l>iv- mained at home, and those who went to the field were subjected to a ouac, and facP.d the dangers of tho battle-field, the flag of this coun- discipline of hardship and a trial of pat.i ence that the northern peo- try would be far safer than iu the hands of all the deserter that ever ple, who were growing rich all the while, and the Federal soldiers, bent the pregnant binges of the knee that thrift might follow fawn- who were well supplied with all t.h e necessaries, aud even such 6f the ing. One drop of ilis blood would enrich the veins of a thousand luxuries of life as the camp would allow, knew nothing of. And there scalawags. If yon expect our people to elect such creatures to repre- would have been mauy more outTages in the South but for the high Bent them here, they will earnestly ask you to excuse them. They courage of our people, who, thus traiuetl in the eevere school of pri- have too much respect for the honorable representatives of the re- vation during the wa1·, determine(l that they would suffer and be publican part.y upon this floor to force such an association upon them. strong, and eouure manfully all the multiplied evils that beset them, But it is said that the people of the Soutbnot only believed during in the hope that a better (lay wou1d dawn upon them. the war that they were right on the issues involved in the struggle, The problem between the races will work it.s elf out, and a.U the but that they still think so. Well, suppose they do. What {lifference sooner a.nd better if the fanatic and the demagogue can get their own does it make what any man's opinion may be to-day upon the abstract consent to leave the matter to the parties more immediately inter- question of whowasrightorwrongin the war. All agree thatt.beques- est-ed 'i n its solution, under the guidance and supervision of a Divine tions, whatever they were, whatever of right or wrong, of merit or de- P1·ovidence whose counsels we cannot inform and whose methods we merit they possessed, have been forever settled, and settled against cannot improve. the South. If there is even a moderately well-informed man at the But it is said that the people of the South have shoWII their disloy- North who believes that the southern people intend or desi.re or hope alty to the Government by electing to Congress men who were en- or dream of reviving those issues or t,bat conflict, his ignorance of the gageu in the rebellion, and by way of derision this is called the ex- truth upon that subject is so dense that I shonld despair of evidence confederate House of Representatives. No man occupies a seat upon or argument ever being able to reach him. The idea is so absurd that this floor who is not by the law of a republican Congress made eligi- I would feel absurd myself in adverting to it, if it was not frequently ble thereto. When you removed the political disablities of those used by the demagogue to arouse his constituents and excite their southern men who ocuupy seats upon this floor, for which I give you distrust of us. Our people no more think of resurrecting those ques- all credit and honor, you by that act proclaimed to the world that tions tha.n t.h ey would think of exhuming the bones of tho e who fell there was no reason in your opinion against their filling any position in their defense frorp the lonely wave-yards where they are crumbling of trust or honor to which their fellow-citizens might see fit to elect into dust. Their abstract opimons upon those points have no more them. Whom did you expect the southern people would elect to Con- to do with their fealty to the decision whicil the supreme ariJiter, tbe gress when yon pa seu your amnesty bill, and by repeate(l private sword, has made in the premises, than would their opinions upon tbe \ act.s removed the uisabilities of such as had been in rebellion' With decline and fall of the Roman Empire. comparatively few exceptions, the men of intellect and cultivation in There are not in all tile South, outside of her lunatic asylums, fifty the South were all engaged in the rebellion in either a civil or military men whose opinions are of sufficient importance to be known five capacity. The people of their section were in full accord and sympathy miles from their homes who do not believe and feel that it is th~ir with them. They belted on their swords and knapsacks iu obedience duty and their interest and the duty and interest oft he people of their to pr with the full approbation of their fellow-citizens among whom section to bear allegiance to the Government of the Umted States they lived. Why, then, when the war was over, when a republican with all the good faith that honest men can exercise aod to reman(! Congress had by their amnesty acts said there was no longer any all such questions to the impartial judgment of history, to whose de- cause for treating these men as unworthy or unsafe to hold office, crees both sides must submit whetber they are willing or not. Before should you suppose that their fellow-citizens would regard them as that august tribunal where the causes of nations are determined we only fit subjects of proscription and nnworthyof promotion f The peo- shall file our record, expect to be represented, and ask to be heard. ple of the South did not, and do not now, so regard the men who went We desire that posterity shall do simple justice to our motives anrl to the front, and.for four long and l>loody years imperilled their lives that our memories shan not pass to the generations that are to come in a cause which not only they, but those for whom they fought, be- after us coupled with disgrace. We mean, as far as in us lies, to pre- lieved to be right. Nor do the people of the South regard the southern serve unchanged and nnmutilated the materials out of which the his- man who honestly and from principle adhered to the Union during torian shall construct our side of the story of the war. We should the war as unworthy of their confidence and support. They fully certainly be lost to all sense of honor and unworthy the name of men recognize his right to his opinions, and respect him for, a conscien- if we could consent, in silence and withont a prot.est, to pass into his- tious adherence to them. This claas of high-minded and honorable tory so covered with infamythat our descendants would blush at the men must not be confounded with the scalawag. Nor do our people mention of our names and deny the ancestry from whom they sprang; withhold t·heir respect and support from the Federal soldier, nor the and this is the whole of it. hpnorable northern man who settles among ns as a citizen, and does The effort to go through the minds and hearts and consciences of not come to spy out our liberties and defame our character. Let these the souther11. people with a lighted candle to ascertain if there are he carefully distinguished from the carpet-bagger. lurking in their hidclen recesses any opinions or sympathies or feel- But there is a class of men born in the South whom our people de- ings that a loyal man ought to have expelled is a vain and f-utile un- spise,. and for whom they feel a contempt which they do not seek to dertaking. Since the world began neither the ingenuity of bate nor disguise. They are men who, in the earlier days of the war, when the the omnipotence of power has ever been able to invent a process by confederate fla~ floated in the breezes of victory ,shouted more loudly which the mind can be manipulated and its thoughts controlled or than any one else for the South, but who, when the night of misfor- the heart entered and robbed of its memories. This is haJlowed ground tune gathered around us, took advantage of the darkness to desert on which God has decreed that no ty~:ant shall ever set his foot. No their associates, and with loud professions of loyalty to the Union legislative enactments can reach it, no sheriff with his posse oontitatus and love for the old flag leaped into the arms of the stronger side, can search it, no detective can explore it, and no army invade it. It simply because it was stronger. Tiley were actuated by the same mo- is a fort that caunot be taken, a citadel that cannot be stormed, for tive which impelled Judas to desert his .Master and form a conspiracy the angels of God stand guard upon its parapets and their flaming with tile Jews to put him to death-with this difference in favor of swords turn every way to defend its approaches. Judas, he had conscience enough left, when be had time to reflect ' What we think of the past, how many tears we 6hed on t}le graves upon the baseness of his act, to throw away the money that bought of our dead, how sacredly we enshrine t.heir memories in our hearts, him, and to ~o out and hang himself-while the scalawag still lives, are questions Which belong to us, and to no one else. 'Vhat we think bolds on to the price he was paid, cries for more, and much to the an- of the present and what we propo e to do in the future are questions noyance, in many instances of his new-found friends, clings hke a that affect us and our children and you and your children. barnacle to the republican ship. Mr. Chairman, since I have had th.c honor of a eat upon this floor \Vhcn they came to you with denunciations of their former associ- I have been a silent but not uninterested spectator of what bas trans- • 1876. CONGRESSIONAL RECORD-HOUSE. 3191 pired around me. I have witnessed with pain and deep regret ex- hibitions of unfriendly feeling toward the section of the country which I in part represent. The very :first week of the session was signalized by an assault on the part of a distinguished gentleman from whom I had expected better things. I had been led to believe that be was a gentleman of broad and liberal views and felt kindly toward the unfortunate people of my section, who, if they have sinned, have also suffered much. I had been induced to think that h(\ was too magnanimous to strike a fallen foe and too chivalrous to make an attack where he knew no antagonist could meet him on equal ground to make a defense. But when I saw him ransacking the grave-yards of the war for material with ~hich to blacke~ th~ char- acter of a whole people and to arouse passiOns that every rnstmct of patriotism demanded him to repress, I was reluctantly compelled to change my opinion of him. While the gentleman from Maine [Mr. BLATh~] was pouring ont his torrents of bitter denunciation against Jefferson Davis, I could not avoid running a parallel in my mind between his conrsc and tha.t of another no less distinguished statesman of the republican party. When the pale prisoner of Fortress Monroe lay m:macled upon the cold floor of his dungeon, bearing in his feeble and emaciated body the sins of his whole people, Horace Greeley, actuated by an impulse which will form a crown of glory to his memory forever, went through a torm of iudignaut opposition, opened the prison-doors and bade the captive walk out unfettered into heaven's glad sunlight once more. Sir, if I wished to erect a monument to moral heroism, I would lay the foundation-stone upon the spot where Horace Greeley signed the bond of Jefferson Davis! It is by such acts as these that the bitter memories of the war will give place to fraternal feeling. And here, in passing, let me say of Horace Greeley that he alone of all the leading statesmen of the republican party at the close of the war seemed possessed of those comprehensive ideas of statesmanship, those broad and liberal views which subsequent events have shown were deml:IJlded by the situation. The reverberations of hostile can- non had scarcely died away amid the blue mountains of Virginia when he seizeu the silver trumpet of peace and sounded the reveille of reconciliation. 0 that the republican party in that critical hour, when statesmen were so much needed, had possessed more Horace Greeleys among its leading men I How much happier, how much more prosperous would this country be to-day I In the light of his illustrious example how do the exploits of the mere politician a.nd partisan pale their ineffectual fires. On the ante-bellum issnes and the is nes of the war no man, perhaps, in all the North could have been found more dista..o;teful to the southern people than .Mr. Greeley. Yet, when the war was over and he came to us with sympathy in his heart, words of kjndness on his lips, and t.he olive-branch in his hand, our pcoplo forgot the antagonisms of other days and gave him their support for the highest ollice in the Ropublio. This ought to be some oYiLlonce to the nor1 bern people that our hearts will respond to kindly tn.. at.wcnt and that we are willing to bury the past. Wucn this Congress :first convened, a few old war-broken soldiers who were iu the rebel army, laboring underthedelusion that the war ''as o\'t!l', ihat they were American citizens, that they had a country, nnd this was its .Capitol, came t.o \Vashingt()n to run for office. Some of the miuor positions were given 1lo them, and so intense seems to lw I he f1·eling e\·en against those who occnpie(l the position of pri- Yatc sohlier~:~, that a. resolution was introduced with the manifest ob- ject of cxclmliug tllem from all appointments. It matters but little, .Mr. Chairman, with the masses of our people whether a few crippled rebel soldier~:~ succeed in picking up here a,nd there a ornmb that may fall from the Government table or not. It is the spirit displayed, the n1lQ of action sought to be established by inducing this Honse to sol- emnly pass a resolution of the character indicated, that is objection- a,ble. Those men are American citizens or they are not. If they are, then this resolution is unjust and improper; if they are not, and are not worthy to be, so declare, and leave them beyond the pale of citi- zenship to shiver forever in the cold blasts of loyal scorn or to roast in the furnace of loyal hate. A nominal restoration to citizenship is simply a mockery, if persecntj.on is to follow in the footsteps Of par- don and the subjects of national clemency are to become the victims of national spite. Men who claim to have been loyal in the South cannot present a respectful demand against the Government for payment of losses without provoking the declaration upon this floor that every man in the South who lost a mule dming the war has come here to ask the Government to pay him for it, when every member orr this floor knows full well that unless the claimant establishes his loyalty and his losses by compet.ent evidence he cannot receive a cent, and in many cases, when both points are proven, he will never get a dollar unless a vigorous constitution should prolon~ his life to the next centennial. I have heard of cases where the loyalty of the party and the losses susta,ined have been proven by the most indubitable testimony before the Departments, but without the claimant's knowledge a secret de- tective has been dispatched, has gone silently and with noiseless step, returned with an adverse report, whlch the claimant is not allowed to see and which he has, therefore, no opportunity to refute, but on the faith of which hls claim is pigeon-holed, there to sleep nntil Ga- briel blows his trumpet, when all the dead shall m·ise. As long as this patent-right justice is administered to southern claimants, no fears need be entertained of very extensive raids upon theTreasmy, 3192 CONGRESSIONAL RECORD-SENATE. MAY 18, our manhood. To rob us of this would not enrich you and would During the delivery of the remarks of Mr. HousE the hour allowed make us poor indeed. Waive this demand which manhood forbids under t.he rule expired, and his time was extended by unanimous con- you to make and us to yield, and the past can be buried forever. Upon sent, on motion of Mr. REWIIT, of Alabama. tuis platform we can meet and shake hands over the graves of our Mr. DAVIS obtained the floor, and yielded to tloldiers, and under the auspices of a1·estored Union march on together Mr. JONES, of Kentucky, who moved that the committee rise. in peace and frate1·nity to grander achievements than we have ever The motion was agreed to. known and a future fa-r more glorious than our paRt. The committee accordingly rose; and Mr. JoNEs, of Kentucky, hav- Stripped of her wealth, and, I fear, growing poorer every year; ing taken the chair a Speaker pro tempore, Mr. CLYMER reported that crippled by the war, depressed in spirit, staggering under the weight the Committ-ee of t.he Wh~le on the state of the Union had had 11nder of accumulated debt, the South looks and longs for peace as anxiously consideration the bill (H. R. No. 3375) making appropriations for the as ever the mru:iner looked for the star by which be might guide his na.val service for the year ending June 30, 1877, and for other pur- wandering bark a.right when "night and the tempest had gathered poses, and had come to no resolution thereon. around him." If any one section of this country haB a. deeper inter- Mr. CLYMER. I move that the Honse now adjourn. est than another in the restoration of fraternal peace and the stabil- The motion was agreed to; and accordingly (at ten o'clock and forty ity of good govemment, the South is that section. If the northern minutes p.m.) the House adjourned. people cannot briug themselves to the point of trusting the honor and relying on the pledges of the South, they certainly cannot be unmind- ful of the fact that her interest in keeping the peace is fully equaled PETITION~, ETC. by her inability to break it. But "·e have no desire to break it. If The followin·g memorials, petitions, and other papers were presented the flag that floats over this Capitol is not our flag, we have none; if at the Clerk's desk under the rule, and referred as stated : this is not our country, we have none; we are aliens in the land of our By Mr. .A.D.A.MS: The petition of W. D. McLean, James Stevens, and birth and exiles in the homes of our childhood. Here the bones of others, of Cohoes, Now York, envelope manufacturers, printers, and OUl' ancestors are buried, and her& we expect our dust to sleep when stationers, for such legislation as will relieve them from injurioutt our weary feet. stand still upon the thorny road we have traveled. competition by the Government through the Post-Office Department This country must be the home of our children; they will have no in the manufacture, transportation, and sale of envelopes, postal cards, other home, no other country but this ; here they must live, here die, &c., to the Committee on the Post-Office and Post-Roads. and here be buried. For party purposes our loyalty may be don bted, By Mr. BASS: Remonstrance o! T. Guilford Smith and 200 other and our names sought to be dishonored and detested, but if the time citizens of Buffalo, ~ew York, against the passage of the Morrison shouJd ever come w ben a foreign enemy shall invade these shores and tariff bill, to the Committee of Ways and Means. this country needs stout hearts and true to defend it, all will then see By Mr. BLISS: The petition of Ann Vashage, widow of Adolph in that hour of trial and national danger- Vashage, late a private of Company L, Ninth New York Volunteers, Whose dripping blade and stalwart arm for a pension, to the Committee on Invalid Pensions . . Will hew a red circle in the line, By Mr. CHITTENDEN: The petition of Mrs . .M:. Hart, for a pen- .And fence their country'!! flag from harm. sion, to the same committee. Mr. Chairman, the national conventions of the two great parties By Mr. CROUNSE: The petition of members of Grange 424, Pat- will soon convene, when tlne or the other will nominate the man des- rons of Husbandry, J effer~on County, Nebraska, for a return to former tined to preside over the affairs of this great country for the next four postage rates on third-class matter, to t~e Com.mittee on the Post- years. It will be a contest fraught with momentous interest to the Office and Ppst-Roads. whole country, but particularly t.o the suffering South. Her people By Mr. HOPKfNS: Resolutions of the Pittsborgh Coal Exchange, will look t.o it with a concern more painful and profound than they protesting against the construction of a bridge over the Ohio River could regard any mere party ascendency. The struggle will possess at the foot o~ El~ street, Cincinnati, Obi~, and urging the passage enough of donbt and uncertainty on both sides to impress each one of a law whwh WIJl prevent the constructiOn of bndges over navi- of the parties with the necessity of husbanding all their resources gable waters that will in any manner interfere with navigation, to and putting forth all their strength. From this fact let us induJge the Committee on Commerce. the hope that each will be induced to nominate :for _that high office its By Mr. LAWRENCE: The petition of J. W. Timberlake and other best and broadest man. citizens of- Logan County, Ohio, that the Indian Bureau shall not be I do not sympathize with the desire which I have heard expressed transferred from t.h e Interior to the ·w ar Department, to the Com- by some of my political friends that the republican party may nomi- mittee on Indian Affairs. nate some narrow and sectional partisan, whose extreme and illiberal By :Mr. MAcDOUGALL: The petition of 1,173 late Union soldiers views may constitute an eiement of weakness to him in the contest. of Iowa, for the passage of a law granting bounty land to Union The situation is far too grave; and the consequences of the election soldiers, to the Committee on Military Affairs. · of such a man will be far too vital and disastrous to my section, for By Mr. .McF.A.RLAND. The petition of George W. Huntsman, of me to regard his nomination with any other feeling than that 6f sin- Hawkms County, Tennessee, for a peru;ion, to the Committee on In-. cere deprecation. If the democratic party should fail in the colliling valid Pensions. contest to elect their candidate and victory should again perch on the Also, papers relating to the claim of Pleasant H. Starnes, late a cap- republican standard, I earnestly trust that the best, the most national, tain in the Eighth Tenne see Cavalry, for pay as a captain from the the most just, the most honest, and the most liberal man in all the 17th day of Sept-ember, 1863, to the 7th day of April, 1864, to the republican party may be elevated to the Presidency. Committee on Military Affairs. The interests of every section of the country demand as the Chief Also, the petition of Mary A. Andes, widow of Adam Andes, de- Executive Magistrate the services of a statesman who will stand on ceased, a private in Captain Hartsell's Company, Lillard's Regi- an elevation where party will not obscure his vision or passion warp ment, United States Army, in the war qf 1812, to the Committee on his judgment, and who, by the exercise of a. liberal policy and a. broad Revolutionary Pensions. chadty toward every section of the country, will make each State By Mr. POTTER: The petition of John C. Hawley, that the Secre- feel that it is a State and a component port of the .American Union. tary of War be directed to enroll his name as a. veteran volunteer as I hope he will have the breadth of mind t.o see that one section of this though he had enlisted as such under the provisions of the joint reso- country cannot be given over to ruin and desolation without blas1-- lution of Congress approved July 13, 1864, providing for the re-en- ing the other ; that the blow which kills the South must also para- listment during the continuance of the rebellion Of veteran soldiers lyze the North; that he will hold the military subordinate to the civil whose term of service was then about to expire, he being prevented authority; that he will fill the high places of the Government with from re-enlisting by rea on of his being held as a prisoner of war by statesmen of undoubted integrity and worthy of the high positions the rebels, to the Committee on War Claims. to which he may assign them; and that he will appoint to office honest By Mr. STENGER: The petition of 10 citizens of McConnellsburgh, and honorable men in every section of the country, and not a hungry Fulton County, Peunsylvania, against makillg any change in the tariff horde of political buccaneers, who will prey upon the people and con- laws at the present time, to the Committee of Ways and Means. sume their substance. May no corrupt rings, bloated with Treasury pap and wallowing on the green pastures of executive patronage, be allowed to rob the Government and to degrade the public service, and may the atmosphere that pervades his entire administration be so pure and healthful t.hat official integrity shall again become the IN SENATE. rule, anu not the exception, in poait.i ons of t.rust and honor. Such a President the country needs, ami to such an administration good men FRIDAY, Jfay 19, 1876. Qf all parties will give their hearty co-operation. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. God gives us men f A time like this 1lemands The PRESIDENT pro tentpore. The Secretary will read the Journal Strong minds, jZTeat hearts. true faith, and ready hands; of yesterday's proceedings. Men whom the lust of office does not kill; Men whom the spoils of office cannot buy; .Mr. MORTON. May I inquire if the court is not to meet at twelve Men who possess opinions ancl a. will; o'clock to-day f .Men who have honor-men who will not lie; The PRESIDENT p1·o tumpore. It is; but the Chair supposed the Men who can stand before a demagogue, Journal could be read, unle s some Senator objected. And damn his treacherous flatteries without winking! Tall men, snn cr9wned, who live above the.fog Mr. H.Al\fLIN. Yes; let the Journal be read. · In public duty, and in private thinking. .Mr. EDMUNDS. Let both journals be r@ad. 1876. CONGRESSIONAL R.ECORD-HOUSE. 3193 The Journal of yesterday's legislative proceedings was read and EXECUTIVE SESSIO~. approved. Mr. SHERMAN. I move that the Senate proceed to the considera- The PRESIDENT p,·o tempore.. Pursuant to order the legislative tion of executive business. and executive bnsine swill be suspended and the Senate will now The motion was agreed to; and the Senate proceeded to the con- proce~d to the consideration of the articles of impeachment exhib- sideration ·of executive business. After five minutes spent in execu- ited by the House of Representatives against William W. B.e lknap, tive session the doors were r e-opened, and {at four o'clock and fifty lat.e Secretary of War. The Sergeant-at-Arms will clear the galleries minutes p.m.) the Senate adjourned. and close the doors. While the doors were being closed, morning business was presented and received by the Chair as follows : PETITIO~S AND MEMORIALS. Mr. KERNAN presented the petition of John C. Barron, of New HOUSE OF REPRESENTATIVES. York, executor of Thomas Barron, praying that he may be refunded certain moneys ta.ken from the Citizens' Bank of Louisiana during the FRIDAY, May 19, 1876. late war under order of the general in command of the forces in that The Honse met at twelve o'clock m. Prayer by 't he Chaplain, Rev. State; which was referred to the Committee on Claims. I. L. TOWNSEl\TD. He also presented the petition of James Colles, of the city of New The Journal of yesterday was read and approved. York, praying that he may be refunded certain moneys taken from the Citizens' Bank of Louisiana during the late war under order of ADJOURNMENT STh"'E DIE. the general in command of the forces in that State; which was re- Mr. MORRISON. I offer the resolution which I now send to the ferred to the same committee. Clerk's desk. REPORTS OF COMMITTEES. Mr. WILSON, of Iowa. I rise to a point of order upon that resolu- Mr. KEY, from the Committee on Post-Offices and Post-Roads, to tion; and I want the Cl..Jair to decide whether this is the right time whom was referred the petition of John L. Divine, and J. C. Edmon- to make an objection to a resolution. It appears from this morning's son, guardian of the heirs of the estate of William E. Kennedy, de- Journal that unanimous consent was given to the Committee on • ceased, praying remuneration for losses alleged to have been sustained Printing because the point of order had not been taken in time. ·by them by reason of the change made by the Postmaa&er -General in Now I make the point before this resolution of the gentleman from t.heir contract for transporting the United States mails between Illinois is read. Jacksonville, Alabama, and Chattanooga, Tennessee, in 1858 and 1859, The SPEAKER pro tempore. The Chair accepts the point of order submitted an adverse report thereon; which was agreed to and or- as being made now, but the resolution must be read before the Chair dered to be printed. can rulo on it. Mr. CAPERTON, from the Commit~tee on Claims, to whom was re- Mr. WILSON, of Iowa. Does the Chair say that on the resolution ferred the bill (S. No. 22) forth~ rehef of James H. Burgess, of Fred- of the gentleman from illinois it will be in order to raise the question erick County. in the State of Virginia. rmbmitted an adverse report of order after it has been read t thereon; which was ordered. to beprinteu, and the bill was postponed The SPEAKER pro tempore. The Cha-ir wilf hear the resolution indefinitely. read before be decides upon it. He also, from the same committee, to whom was referred the bill Mr. WILSON, of Iowa. Will it be in time to make the point of (S. No. 104) for the relief of John W. Wat on, of the Sfate of North order after the resolution is read f Carolina., submitted an adverse report thereon; which was ortlered 'l'he SPEAKER pro tempo·re. The gentleman reserves the point of to be printed, and the "hill was postponed indefinitely. order, as the Chair understands. Mr. "'WILSON, of Iowa.. Then do I understand the Chair to say BILLS INTRODUCED. that the point of order must be raised before the paper is read t :Mr. SPENCER asked, and by unanimous consent obtained, leave The SPEAKER pro tempore. It ha.s always been the custom of the to introduce a bill (S. No. 850) to provide for the payment of outstand- Chair to allow a pa.per to be read for information. How can the Chair ing certificates of the late board of audit of the District of Columbia rule on it until it is read f aucl the settlement of certain claims against said District; which waR The Clerk read the resolution offered by Mr. MoRRISON, as follows: rea(l twice by its title, referred to the Committee on the District of .Resolved, (the Se?J.ateconcu:rring,) That the President of the Senate and the Speaker Columbia, and ordered to be printed. of the Hous6 of Repres~nt.atives be, and they are hereby, dirooted to adjourn their Mr. MERRIMON. At the request of a citizen of this District, a. respective Houses without day on the 12th day of .Tune next at four o'clock p.m. hig hly respected citizen, I ask leave to introduce a bill, the merits of Mr. MORRISON. I move that the resolution be referred to the which I know nothing about. Committee of Ways and Means. By unanimous consent, leave was granted to introduce a bill (S. No. The motion was agreed to. 851) to amend the charter of the Washington Market Company; FREEDMAN'S BAl'I"'K. which wa read twice by its title, referred to the Committee on the District of Columbia, and ordered to be printed. Mr. DOUGLAS. I rise to a privileged question. I am instructed Mr. MITCHELL asked, and by unanimous consent obtained, leave by the select committee on the investigation of the affairs of the to introfore by the Commissioner of the Gooeral Land Office or other compe- showing the product in gold and silver in the United States and othe; tent authority. countries of the world from 1845 to 1875, inclusive; which ·was or- The SPEAKER pro ternpore. Is there objection to the consideration dered to lie on the table, and be printed. of t.he bill at this time f DAVIDSON'S REPORT ON IRRIGATION. Mr. HOLMAN. I ask that th9 bill be again reported. The bill was again read. Mr. SARGENT submitted the following.resolntion; which was con- Mr. JENKS. I object to the consideration of the bill. sidered by unanimous consent., and agreed to: The SPEAKER pro tmnpm·e. The Chair thinks that the objection Re~olved, That tha Secretary of th~ Treasury be i·e_acant and unappropriated and not interfered with exclusion of all other orclors, by an.v pre.emption, homestead, or other claim under any law of the United ~tates excl:'pting business of the Com· and the claim whereto under the swamp-land ~rant has not been heretofore reJected mitteea on Appropriations and by the Commissioner of the General Land Office or other competent authority." Ways and Means. March 23, Vory respectfully, postponed until March 29, at 2 U. J. BAXTER, o'clock p.m. March 29,special .Acting Commisidoner. order for Wednesday, April 5, Ron. R. P. BLA!-.1>, after the morning hour. May House of Representatives, Wa8hington, D. 0. 17, Committee of the 'Vbole House on the state of the Union Mr. GAUSE. The amendments reported by the committee to the discharged, and made special bill are in accordance with the suggestions made in that letter. ornerin theHouseforTuesday, May 23, aft-er the mornin:z hour, The amendments were agreed to. anril May5 .••..••. A bill (H. R. No. 3375) making Special order for Monday, l{a.y 8, to provide for the protection 20, next, after the mormng appropriations for the naval 1876, and from day to day of the Texaa frontier ou the hour, not to interfere with the service for the year ending thereafter until disposed of. lower Rio Grande. regular appropriation bills. June 30, 1877, and for other April11 •••••• Joint resolution (H. R. No. 14) Specml order for the third 'l'nes- purposes. authorizing the appointment day in May, next, after the May18 .•••••. A bill (H. R. No. 3478) making Special order immediately after of commissioners to ascertain morning hour, and from day to appropria-t ions for the currtmt the passage of H. R. No. 3375 on what terms a mutually ben- day thereafter until disposed and contingent expenses of (naval appropriation bill,) and eficial treaty of commerce with of, not to interfere with regu. t.h e Indian Department, and from day to day thereafter Canada. can be arranged. Jar appropriation bills. for fulfilling treaty stipula- until disposed of. A bill (H. R. No. 3156) to correct Not reported, but made a special tions with various Indian errors and supply omissions in order for Wednesday, May 31, tribes, for the year ending the Revised Statutes of the aft-er the morning hour, and June 30, 1877, and for otht~r United States. from day to day thereafter un· purposes. til disposed of. -~ 1876. CONGRESSIONAL .RECORD-HOUSE. 3195 ADl\IISSION OF NEW 1\:IEXICO. House bill No. 3375 as relates to the Washington navy-yard. I also Mr. SOUTHARD, by unanimons consent, from the Committee on ask that the memorial, without the names, be printed in the RECORD; Territories, presented the majority and minority reports upon the bill it is very brief. for the admission of New Mexico, and moved that they be printed and There was no objection, and it was so ordered. recommitted to the committee, not to be brought back lly a motion The memorial is as follows: to reconsider. To the honorable S~mate and House of Repre.sentatives: The motion was agreed to. We, the undE-rsi~ned, respectfnlly petition your honorable bodiesnottopass that portion of House oill No. 3375 as relates to tpe Washington na.vy-yard, for the ORDER OF BUSL.~SS. following reasons : The SPEAKER p1·o tempore. The Chair will ask unanimous consent First. This yard possesses greaten facilities fort he mannfactureofsteam-eng1nes, boilers, cables, anchors, galleys, guns, gun-carriages, and ordnance st.ores of all to lay before the House various bills on the Speaker's table, and if kinds, as well as the various outfit.'l for naval vessels, than any other station of the there be no objection, they will be read and referred to the proper United States. Ha~:~ also within its limits a large copper-refini.J:lg and rolling mill committees. of sufficient capacity to furnish all the copper and lead required for the purposes No objection waa made. of tl1e Navy, even when the entire Navy is in active service. This is the only mill of the kind owned by the Government. LICK OBSERVATORY. Serond. The machinery now contained in this yard cost over $3.000,000, and is in excellent condition, and prepared to execute any work that may lle ordl'lred. Be· The first business on the Spea,ker's table was the bill (S. No. 677) sirles the immense value of the workshops, offices, officers' quarters, wharves, ma- granting a site for an observatory to the trustees of the Lick Observa- rino railway. ship-houses, &c., which are all in fine order and fully prepared for the tory of the astronomical department of the University of California. purposes for which they were constructed. Mr. SAYLER. I ask unanimous consent that that bill be put upon Third. The climate ol Washington is such as to permit outdoor work to be done at all seasons of the year, wllich in itself is an important feature in an establish- its passage. This matter was considered by the Committee on Pub- ment of this kind. lic Lands, and I was ordered by that committee to ask the passage of Fourth. Ship and other timber can (as an in.'lpection of the records will show) be a bill similar to this. It js beneficial to the university and injurious furnisllCd here as cheap as at any other yard in the country. And evidence is now to nollody, and I ask that the bill be put upon its passage. on record that tho water at this yard possesses special qualities (not possessed by any ot.h er location) for the seasoning and preservation of ship timber. The !Jill was ordered to a third reading; and was accordingly read Fifth. Coal (bituminous ueing for the most part nsed) can be purchased at much the third time, and passed. lower rates than at any other station. Mr. SAYLER moved to reconsider the vote by which the bill was Sixth. It is the only yard that possesses facilities for the manufacture of puns, passed ; and also moved that the motion to reconsider be laid on the iron gun-carriages, and ordnance stores, and l1as for those purposPs a fine machine- shop \vith all the necessary machinery, as also the finest founrlery in the country. ta.llle. Seventh. The yard being located so near the Departme.n t gives its officers oppor- The latter motion was agreed to. tunity to have immediate supervision O\er all work to which they may desire to give BILLS REFERRED. direct attention. and in case of testing in\entions, &c., for the benefit of the Navy Department or Patent Office, the offimals of those Departments are enabled to give The following Senate bills were taken from the Speaker's table, these testa theit· personal attention without at the same time neglecting other du- read a first and second time, and referred as indicated below: ties, which would be tbe ease were the experiments made elsewhere. . Eighth. This yard has been established for seventy years, antl is now, so far as A bill (S. No. 536) granting the right of way through the public relates to a manufacturing yard, in a high state of perfection, and to sell or close lands for wa~on-roads over the Blue Mountains, in the State of Ore- the same would not in any way result to the interest of the Government. gon-to the L;ommittee on Military Affairs. Ninth. Labor is abundant, and can always be obtained at o.s low rates as at any A bill (S. No. 696) for the relief of Angeline Logan-to the Com- other station in the Unit.eu States. Tenth. This yard, being located outside of any of the great States, is entirely re- mittee on Milita1·y Affairs. moved from the effects of political influence, and is thereby on a bled to do all work A bill (S. No. 699) to confirm the sale of the marine-hospital build- ordered with promptness, and at the same time for much less than similar work ing anu grounds at Natchez, in the Stat-e of Mississippi-to the Com- costs at other stations. mittee on Commerce. Eleventh. Vessels of eighteen feet draughtca,n be brou~ht to the yard; and with an exrenditure of ~100,000 the channel can be so deepenea as to admit the largest A bill (S. No. 7:l9) authorizing the issue of patents to the purchasers vesse in the Navy, when fully prepared for service, to come to it. of certain Miami lands in Kansas-to the Committee on Public Twelfth. The water of the harbor is fresh, and affords the very best place of aU Lands. the naval stations for the placing of the iron-clad ves.'lels of onr Navy. There is A bill (S. No. 745) to authorize the Secretary of the Treasury to sufficient area. in the harbor of this station to float nine-tenths of the vessels of our Navy. iHsne a. register and change the name of the brig A. S. Pennell to the During the late war nearly all of the shot, shell, &c., used in the Nav:r of the City of Maule-to the Committee on Commerce. United States were mannfacturod at this yard, aa also a large quantity of the same articles for the A.rmy. The Government having some years ago discontinued all RECEIVERS OF NATIONAL BANKS. work at the :~.rsenal in this city is an additional reason why tliey should not now The Senate amendments to the bill (H. R. No. 2441) authorizing the close this yard. ' a-ppointment of receivers of national banks, and for other purposes, ORDER OF BUSINESS. were taken from the Speaker's table and referred to the Committee Mr. BLOUNT. I move that the rules be suspended and that the on Banking and Currency. House now resolve itself into Committee of the Whole for the further WILLIAM L. MAURY. con ideration of the naval appropriation bill. Mr. JENKS. I move to amend that motion so that the House re- The Senate amendment to the bill (H. R. No.1618) to remove the polit- solve itself into Committee of the Whole on the Pdvate Calendar. ica.l disal>ilities of William L. Maury, of New York, was taken from Mr. BAKER, of Indiana. Before action is taken upon the motion the Speaker's table. to go into Committee of the Whole, I desire to be heard upon a ques- The SPEAKER p1·o tempo1·e. The Chair would ask that the amend- tion of privilege. ment of the Senate, simply a verbal one, be concurred in. This bill The SPEAKER p1·o tempo1·e. The gentleman will state his question was introduced by the present occupant of the chair. of privilege. Mr. HOLMAN. Let the amendment be read. CONGRESSIONAL RECORD. The amendment of the Senate was to strike out the words "legal and" before the words "political disal>ilities." Mr. BAKER, of Indiana. On the 16th day of the present month There being no objection, the amendment waa concurred in. the House had under consideration the motion of the gentleman from EXPENDITURES IN THE DEPARTMENT OF JUSTICE. Ohio, [Mr. VANCE,] the chairman of the Committee on Printing, to reconsider the vote by which the House recommitted to t.he Commit- Mr. MEADE. I am directed by the Committee on Expenditures tee on Printing the report on the subject of the conduct of the Gov- in the Department of Justice to submit for adoption at the present ernment Printing Office. On that subject, on tbe 16th day of .May, time the resolution which I send. to the Clerk's desk. the gentleman from Mississippi, [Mr. SINGLETON,] a member of that The Clerk read as follows: committee, addressed theHouseat great length. On the character ancl Resolved, That for the purpose of enabling the committee of this Honse on ex- temper of that speech I disclaim any purpose to comment. My pur- penditures in the Department of Justice to Iaeilitate the discharge of the duties unposed upon them by the House resolution bearing date January 14, 1876, requir- pose is to call the attention of the House and country to the fact that ing said committee among other things to inquire into any errors1 abuses, or frauds in the course of the delivery of that speech the gentleman from Mis- in said Department, it is nereby directed that t>aid committee aesignate from the sissippi was interrupted on several occasions by his colleague on that arne a subcommittee, and that said subcommittee proceed to the cities of New committee, the gentleman from Rhode Island, [.Mr. llALLOUJ wbo York and Brooklyn, and make such examination there concerning the various offices, officials, and matters pertaining to the Department of Justice as may by said c.om. took occasion to dissent from some of the statements and conclusions mittee or said subcommittee be deemed necessary, requisite, or material in the of the gentleman from Mississippi and t~ qualify and explain others premises. · of his statements and conclusions. The other gentleman from Rhode Mr. HALE. I have no objection to this resolution, if it is adopted Island [Mr. EAl'!1ES] made some remarks which I find areal o entirely wit.hout taking up time. omitted. On the same occasion the gentleman from Ohio [Mr. GAR- The resolution was adopted. FillLD] called the gentleman from Mississippi to order for a breach of 1\Ir. MEADE moved to reconsider the vote by which t.he resolution the rules of debate in alluding by name to a member of the Sen- was adopted; and also moved that the motion to reconsider be laid ate in violation of the rules of the House. Out of the action of the on the table. gentleman from Ohio in camng the gentleman from Mississippi to The latter motion was agreed to. order grew an exciting and animating discussion, a discussion in its nature calculated to arrest the attention of the House. Of the merits WASHINGTON NAVY-YARD. of that controversy it is not my purpose to speak. I merely mention Mr. FAULIL.\TEU. I ask unanimous consent to present and have these things to call the attention of the House to their occun·ence as referred to the Committee on Naval Affairs a memorial, signeu by some a part of the current proceedings of the House. 900 citizens of the city of Washington, concerning that portion of Tile speech of the l10noral>le gtmtleman from ·Mississippi is printed 3196 CONGRESSIONAL .RECORD-HOUSE. MAY 19, in the CoNGRESSIONAL RECORD of May 17, 18i6. In the printed rec- small part which I took in that debate might be omitted. The prop- ord of that speech the remarks made by the two gentlemen from osition certainly did not originate with me, and my-concurrence in it Rhode Island [Mr. BALLOU and Mr. Eilt:ES] are eut.irely omitted. was a. matter of courtesy. What I said was what I deemed my duty The same also is true in reference to the point of order raised by the to say, and I had no desire to suppress it. gentleman from Ohio [Mr. GARFIELD] and tho discussion which arose Mr. SINGLETON. I wish simply to say that it did not originate thereon, and the ruling of the Spcmker on the question of order. with me; I had nothing to do with it. I should exceedingly regret to give occa.sion of offense to any gen- Mr. BAKER, of Indiana. I now yield to the gentleman from Rhode tleman by calling attention to this subject. I disclaim any such pur- Island, [Mr. BALLOU.] pose. I entertain the highest respect and am animated by nothing Mr. BALLOU. I think it was one of the reporters who came to me but the most friendly feelings for the distinguished gentlemen who and said that it was the wish of the gentleman from Mis issippi [Mr. participated in that debate. I di~claim any purpose to ask to have SINGLETON] that the matter should be left out and that the gentle- placed upon the record anything which would prove unpleasant or man from Ohio [Mr. GARFIELD] assented. I said that, if such was mjurious. The questiou is one which, in my judgment, rises above the case, I should not put in any objection. I assented supposing all considerations of perso:aal feeling. that it was a request and for the purpose of having the speech appear The RECORD was intended to be the faithful chronicle of all that continuously. is said and done on the floor of this Honse. It was intended to be the Mr. RANDALL. We cannot hear anything that the gentleman is solemn and authentic memorial by which our acts, our conduct, and saying. our speeches in the order of their occurrence and the lfmguage in The SPEAKER pro tempore. The House must come to order. The which they were embodied should go to our constituents and remain Chair will call gentlemen by name, if necessary to preserve order. fortheuse and guidanc€.of our posterity. It is of the last importance Mr. BALLOU. I do not know that it is worth while for me tore- that this RECORD should be authentic; that it should be a faithfll.l peat what I have just stated. One of the reporters told me that it and impartial witness of everything done a.nd said on the floor of this was the wish of the gentleman from Mississippi that t.he colloquial House. The verity of this REcoRD ought to be as absolute as that of remarks should be omitted n.ud that the gentleman from Ohio [Mr. tbe judgment of a court of last resort. It should set down nothing GARFIELD] who had taken some part in them had assented to the ar- in malice, aud in it nothing should be extenuated, nothing omitted. rangement. Understanding that such wa.s the general wish, I put iu Everything should be placed upon the cold, undying record for the no objection, but assented to it. I wish, however, to say that I made judgment of the present and future ages just as uttered, just as it no remark on that day, and I have made no remark in connection occurred. The interests of truth demand it. The cause of justice with this general subject, which I wish to recall or which I am to ourselves, to our constituents, and to those who come after us re- ashamed to have upon the record; and I trust that while I remain a quire at our hands that we see to it that we make our record speak member of this House I may never do that which I shall be. ashamed the truth, the whole truth, and nothing but the truth. to have appear. I send to the Clerk's desk for consideration and adoption at this Mr. BAKER, of Indiana. I now yield to the gentleman from Rhode time two resolutions, which I ask the Clerk to read. Island, [Mr. EAl\IES.] The Clerk read a~ follows : .Mr. EAMES. Mr. Speaker, I took no part whatever in the discus- Resolved, Tlla.t the reporters of this House who took down tho remarks of the sion of the resolution reported from the Committee on Printing, but, gentleman from Mississippi, Mr. SL'\" G LETO~, of tho two gentlemen from Rhode when the point of order was raised by the gentlem:m from Ohio [Mr. Island, .Mr. BALLOU and Mr. E.urns, and ef the gentleman from Ohio, Mr. GAR- GARFIELD] in regard to mentioning thi name of a Senator, I tlid make FIBLDl and the rulln~ of the Speaker on the point of order made during the delh- a. few remarks. .After the debate was ovor I learned from my col- ery or the speech of tho gentleman from Mississippi, and which &re onutted in his league [Mr. BALLOU] that there was a.n understanding between the speech as printed in the RECORD of May 17, 187ti, cause the same to be fully and truly printed in the CoMGRES'SIONAL RllCORD. gentleman from :Mississippi, [Mr. SINGLETON,] the gentleman from l?.i!SfJlved, That the Committee on Rules be, an'd they are hereby, instructed to Ohio, [Mr. GARFIELD,] and my oolleage that the remarks which were inquire and report to this House whether any, and, lf 110, what, aiiilendment is made in the discussion of the point of order should not appear in the needed to e:ristiltg rules to raquire the debates of this llouse to be printed without RECORD. Upon learning that, I went myself to one of the reporters any change, alteration, or o:mW!ion. and stated to him that, inasmuch a.~ wha.t I had said had a bearing Mr. RANDALL. Does the Chair hold that that is a privileged ques- simply upon that point, I suppo~ed that my remarks would also be tion! left out. This is all that I have had to do iu connection with this The SPEAKER p1·o tempo1·e. The Chair holds that., according to matter. the Digest, all matters connected with the omis~ion, change, or alter- Mr. RANDALL. Mr. Speaker- • ation of the debates as published in the RECORD pertain to a question Mr. BAKER, of Indiana.. I desire, before the hour expires, to say of privilege. a few words more. I yield to the gentleman from Pennsylvania, [Mr. Mr. BAKER, of Indiana. I call the previous question on the reso- RANDALL. ] lutions. Mr. RANDALL. There are two points in this matter which it is Mr. SINGLETON. Will the gentleman allow me one remark f well to consider. The first is whether a. member should be allowed Mr. BAKER, of Indiana.. Certainly. to review a speech after its delivery. So far I know, that right has Mr. SINGLETON. I wish to say that so far as the reporters are always been conceded and in almost all instances exercised. concerned no blame can attach to them in regard to this matter. I Now the next point is that which relates to personal matters in understood from some gentleman; perhaps one of the reporters, who debate, about which the Honse and the public have not much con- came to me, that it had been agreed by the gentlemen on the other cern. In the spirit of good feeling and with a view to the proper side of the House who had been engaged ill the little controversy that dignity of the proceedings of Congress and the best manner of pre- took place on that day that they did not care about their remarks serving ita records, the practice has always been that a personal con- going into the REcoRD, and my response waa that I did not myself troversy on this floor might, by the request and with the concurrence care about It. So, I believe by general consent, the omission was of the parties involved in it, bo left out of the RECORD. made. I have no objection at all to the correction of the REcoRD in Now, in so far as this proceeding is concerned, the two gentlemen the manner proposed. I never say anything upon this floor that I am from Rhode Island, the gentleman from Ohio, and the gentleman not willing shall go before the House and the country. I am willing from Mississippi have in no manner, so far as my knowledge goes, that every word of the controversy in question should appear. acted differently from many, very many, who have gone before. I Mr. GARFIELD. I desire that the exact facts of this case, so far recollect distinctly, in one instance where I was involved with the as they relate to me, shall b~ known. The gentleman from Missis- Speaker of the House, that he and I agreed the record should be sippi, [Mr. LAMAR,] whom I do not now see in his seat, came to me purged of what had pass~d between us in contt·oyersy. Neither of short.ly after that debate ann, as I understood, from the gentleman us desired at that time anything we said should appear. It was said, from Mississippi, [Mr. SINGLETON,] stating that the gentleman's it is true, in the heat of debate, just as what was said by these gen- speech was in manuscript, and asking if I had any objection to al- tlemen in the debate in which they were engaged, but both the lowing it to be printed continuously without the interruptions. I Speaker and myself considered at that time it was proper to elimi- answered that so far as I was personally concerned I had no objection nate it from the record. I think these gentlemen have not only acted to his leaving out what I h~d saicl. TlH~ suggestion did not come in due line of example, but they have acted so as to make hatmony from me ; it came, M I understood, directly in the form of a req nest in our proceedings and have reconciled their difference and a:ffrouts through the gentleman from Mississippi, [Mr. SINGLETONJ I sug- on the floor in a manner worthy of men and gentlemen. gested either to him [Mr. LAMAR] or to the reporter, who so spoke Mr. PATTERSON. Does the gentleman from Pennsylvania refer to me on the subject, that the gentleman's manuscript speech might to any controversy between himself and the Speaker of the present appear in continuous form, with theinterruptionsadded at the close, aud House¥ thllil the record would be preserved. But I understood it was .the Mr. RANDALL. Not at all, but a Speaker of a former House; and wish of the gentleman from Mississippi [Mr. SINGLETO:'if] that the in- I only brought it up as an example of what has been so frequently te.rrul?tions should be left out altogether ; and, as I folt it might be done under like circumstances. Mr. BLAINE, then Speaker, suggested ungraciom:~ on my part to object, I said that I would make no personal to a friend of his, Mr. Peters, of Maine, that the record should be objection. purged, and it was purged, and properly purged, and I felt myself I quite a!.ITee with the sentiments expressed by the gentleman from better when it was done, and I have no doubt the gentleman from Indiana, [~'h. BAKER,] that our RKCORD ought fully to show substan- 1\Iaine did after cool reflection, just as these four gentlemen, I have tially what occurs in the Honse. No othor than verbal correctious no doubt, do now. . should be allowed. In this case I understood that I was only grant- Mr. BAKER, of Indiana. I now yield to the gentleman from Wy- ing a personalfavor in conseuting that, so far as I was eoncerned, the oming. 1876. CONGRESSIONAL .RECORD- - HOUSE. 3197 Mr. STEELE. Mr. Speaker, I desire to say just one word iu refer- rule that individuals who may have been guilty of conduct on the ence to this matter. Having during the debate and after its close sat :floor of the Honse that is unseemly, that they are ashamed of, have adjoining the gentleman from Mississippi, I presume a great deal of the right, withont taking the judgment of the House upon it, to the trouble which bas grown out of this matter occurred from tho fact change the record in order that it may more perfectly harmonize that the gentleman from Mississippi, by reason of interruptions on with the exhibition of the Christian amenities of discussion that the part of other gentlemen, and the consequont consumption of his ought to have obtained. time, was prevented from finishing his speech. A portion of the speech I now call for a vote. which has been printed in the RECORD hark ot;t dock-yanl econo~y, have had before them nearly one hundred witnesses, and they have the ablest author who has written upon this subJect, and a work wbwh in so far as one particular navy-yard is concerned unanimously agreed, shows a thorough familiarity of the author with the dock-yards of 1876. CONGRESSIONAL RECORD-HOUSE. 3199 both .FJance and England and with the whole system of dock-y~d I read from the report signed hy a majority of this commission: ecQnomy. League Island is a reclaimed marsh, SnJTounded by a dry stone wall and om· Mr. O'NEILL. I would like the gentleman to explain to this House bankment of earth, raised to excl1lde the rh·er. A portion of the islaucl was re- why in a preceding Congress-! think in the Congress before the claimed many years since. and is known as the old meadow; we have no positive last-an eft'ort was made here by a representative from the city of information on this poil1t, bnt prcsmno that at the time the wall and embankment Brooklyn to secure the sale of t.he Brooklyn navy-yard. He intro- were built all the land worth reclaiming was embraced within the inclo>~ure: sub- sequently, and about eighteen years since, as we are informed, the inclosure was duced a bill for that purpose and urged it here. What was the rear- extended so as to embrace an additional area, now known as the new mearlow. Ac- son for urging the sale of that yard f I do not want to interrupt the cording to a plan ~hich has been subm~tted to the board by a committee from the gentleman in his remarks, but I think this is a proper place for him board of trade, th1s olcl meadow contamed two hundred and nineteen acres aml to give that information. the new meadow one hundred and fifty-fi,·e acres. On the north of the hiland, ancl between it and the main, there is a channel, which we are told was of sufficient Mr. WILLIS. The gentleman who introduced that bill must upon def.th in former days to float lar~e ships of war; nowitisananow and shallow chan- his own cons(dence answer what were his motives for the act. ne, not sufficient to float >essols of any size used by the Navy. Large areas of Mr. O'.'NEILL. I merely asked the question because I thought the marshes have formed on the eas-, and west ends and on the north sille of the isla.DII, gent.leman now representing the district in which t.he Brooklyn navy- and the whole appearance indicates a constant ami rapid accumulation from the immense deposita of the Delaware River. yard is could tell us w by the <.:itizens of Brooklyn at that time through their Representative on this floor, a very able gentleman, urged Con- I wish to call the attention of the committee to what I am about gress to authorize the sala of the Brooklyn navy-yard. to read further: Mr. WILLIS. I suppose that the reason was that heretofore it has To raise the surface of this islftlld to a hejght whicJ1 would render it safe from been an administration nursery, where a good m:my republican votes the encroachments of hirrh tiues will require a filling in of from nine to ten feet have been manufactured for the thirty er the whole area; and' if., as has been su~gested, a line of wharf front be car- am impartial in this matter. I represent neither Brooklyn nor Phila- ried out to the twent.y-three-foot line, it willmvulve an additional filling of a Sp:l6e one mile long and averaging four hundred and t:ighty-one feet wide and nineteen d~lphia. feet deep. I will now read from the volume which I have named aitd now hold in my hand: Mr. Chairman, I will also calJ the attent.ion of the committee to an- There is an obvious consequence of some importance arisint; out of this first in- other feature of this report which, in my judgment, is of supreme im- tention, (of dock-yards.) It is that, as the dock-y:mlshave thetrerigin in the neces- portance in the ·considerat.ion of this matter: sities of naval war and in the au euce of great private est..ered with vegetable matter and exp08ed to the sun at every low tide during the continuance of the dock-yards than that they exist, or, what is the same thing, that tlay; and, wo posseR~ them. Manifestly, if up to the present time war bad bPen unknown, we cannot although we are told that it is as healthy as other places in tho vicinity, believe that League Island can be rega1:ded as a healthy place. and all at once its gba~tl.v forms presented themsch·es to men's minds as something with which at last they must beoome familiar, no sane man would have thought of And then the majority of this commission- JH'u>iding ships in any other way for the-public service than ships are prodded for private persons; because, if it were impossible t{) supply the public sen-ice prop- Resolved, That, in the opinion of the board, the public interests will not be pro- erly, the question would arise whether it woulrl 110t bo as much the tluty of the moted by acqniring the title t{) League Island for naval purposes. Government to save prh·ate persons from what we shall call the rapacity and ill- competency of the ship-builders as to save the public. From this conclusion there It is signed by S. H. Stringham, presiding officer; W. H. Gardner, is no logical escape. &>me may answer that the dock-yanl work is better and more commodore; G. J. Van Brunt, commodore; and W. P. S. Sanger, en- to be tlepemlec:l on than ship-yard work; but surely it must be appru·eut that this gineer. is only sa.ving the dock-yarn officials are incapaule of supcrintcncling sllip-yard work, and that workmen cannot perform their tasks in so satisfaclm·y a manner Mr. O'NEILL. Will the gentleman from New York please give outside of tho dock-yards as they can within. Tho objection, it will bosho\vnhere- the committee the date of that report¥ after, is altogetlmr groundless. Tbe first intention of tho dock yards was to pro- Mr. WILLIS. I will permit my friend from Pennsylvania to pur- ville that which could not be conveniently or so well}n'Ovie undoubted excellences, bu_t can be dispenserl with. The best of 1. Deptford ....•.. . .... _..... _................. _... __ ........•.. _ 38 5 2 these upon the Atlantic coast~ referen~ to geographical position, depth of water, 2. Woolwich·--··--·····-······-··········--······-·--·----····-- 56 6 3 di tance from the sea, and nefensibility being considered, is "orfolk. League 3. Chatham ..................................................... : .· 95 8 4 Island is too remote from the sea; is upon narrow rivers. which are invariably 4. St. Mary's Island* .... _..... --- ... -.. -_ .. -- .. -- ........ -... -.-- 284 0 o blocked every winter with ice, sometimes for months; it is near a large city; is 5. Sheerness _.• __ ..... _.. -...... -.................... -- -- .... -.. . 57 1 5 accessible to coal and iron re!!i.ons, and the water is ·f resh ; considerations incle cl 6. Portsmouth-······-···-······-·····-····-···--·····-···-·----- 115 5 11 favorable, but overshadowed ~y an objection to its locality. its annual blockad11 of 7. De,·oaport ... -. - ...... -..... _-.- ...... - -~.- ......... ... . -•.. -- . 71 6 5 ice ; and another yet more commanding, indeed, insuperable, the immense co t which 8 Keyham -··-······- ....................... ·-·- -·········-··-- __ _ 73 0 3 its completion would necessitate. Let us resign ourselves with composure to the 9. Pembroke-··---·-······-··················-·- ....•..... ······-- 77 13 1 amount of money already uselflssly expended and halt where we are. '.fhe sum of Totals .•••.•..•.•••••..•••....•........... _................ _ -~ « 1""S4 money required to compfete the yard, to render it in anywise fitfor the purposes iu· tended, is variously estimated at from twenty t{) sixty million dollars. The island is nothing but a mud-flat, which will require endless tilling and piering; it will require for years and years an annual appropriation from Conrrre s, and tile Amer- ,;, Flrench dock-ym·ds. ican people should decide, before further money is invested, w'bether they are will- ing to pay the cost of thls yard, say, at a low estimate, f40,000,000. A naval station in time of pe:tce, when so many navy-yards are scattered along ~ ------------~--------------~----------------- ~ 1. Cherbourg _........•......•.....••.....•. _.. _.••... __ . _.... _. __ l1 Acres. 256 ~ ..... U5 12 Cl C) 0 7 tho fulllen.~h of our coast, is wholly needless, and, unless made such with no out- lay. withoutjustification. Tho land comprising the Charlestown and Washingt{)n navy-yards, being in the cenh-al portions of large cities, could be a.dvanta:;eously solcl, especially when th.e country shall have recovered from business depression. The land comprising Kittery and Pensacola. would, if solcl, yield but a trifling smn of money to the Treasury, and their retention may be of ultimate service to 2. Brest--·-················--·-··········---·--······---····-··--· 131 12 4 the Govemment. 3. L'Ocien t .... _..•.•.. _. _..... .. .... _.... _.... _................. _ 106 18 2 As League Island and New London were respectively ceded to the Government 4. Rochefort _.. _.... _.•.. . . _............ _•. _•...... _... __.. __ ... _ 132 -t4 3 on condition that they should be used as navy-yards and naval establishments 5. Toulon _.. _....•...... _.....• _...............••.• _............ _ 240 20 8 maintained thereon, gooa faith demands fibat in due time proper steps be taken to ___ _ _ surrender thH same and cause their reconveyance to the bodies-politic from whom Totals ......... _....••..•............. _... _.......... _. ____ 865 76 24 tbey were received. The value of governmentAl property at the several yards drsi~a.ted as proper one to be closed is immense, amounting to several millions of dollars. The roo t United States dock-yard~. prudent precautions must be employed to prevrnt de truction either from want of care or removal. A proper amount of money, therefore, appropriated for such pur- pose would be an intelligent exercise of economy. Respectfully submitted. Mr. HARRIS, of Massachusetts. I ask the gentleman from New York [M.r. WILLIS] whether t.he subcommittee or the general Com- mitteo on Naval Affairs have ever taken any testimony whatever on Acrl's. tllA subject of the sale of any navy-yard of the United States T 1. Portsmouth, NewHampshire ....................•..••.•....... 2. Boston, Massachusetts .......... _.. __ ..... _.. . : .. _.....•.. _.. __ 3. X ew York . _ _- _.- . _. -- _.. _-.. - _...... __ ... _. ____ .. _........ __ 164 84 3 3 1 Mr. WILLIS. I wish to say distinctly that they h::~.ve. But in RO 193 2 1 far as my remarks are concerned and in so far as this particular ap- 4. Philadelphia, Pennsylvania ...... : ... __ .. _.....• _............. _ 20 2 1 pendix, which I have asked leave to print, is concerned, t h ey are my 5. Washington, District of Columbia. . ... _...... __ ... _.. __ . ___ .. __ r ~~~l:::~~~ut~evt~~~~ ~~~ ~:~i: ~f~~s8 b~~~~~~t~;~:f~~~;l~~~ut~ 1 42 2 6. Norfolk, Virginia .•....... -··---· ...•............... -·-····· .. . 109 3 7. Pensacola, Florida.._ .. _....... ,. ...... · --····· ......... _··-- .. . 83 1 8. Mare Island, California. . ....••... ___ ......••.•. _........•...•. . 900shared and sustained by a majority of the members thereof. 1 1 .Mr. HARRIS, of :Massachusetts. I would ask my friend if he has Totals.~.....•........•...........•..•...............•....... 1,595 17 7 ever visited any navy-yard in tlJis country except that of Brooklyn t -----==-------==-----::----------_..:..___:.___:__ Mr. WILLIS. It is not my business to trttvel around, a.fter the BuREAu oF YARDs AND DocKS, May 17, 1876. manner of clowns, looking at what may be in Bost.on, or what may be I also add as part of my remarks the report of the subcommittee, in Philadelphia, or sundry other small towns. But I have sought in- written by myself, and which is the embodiment of my views and formation from such genuine and authentic sources as must put all suggestions upon the subject I am now discussing: gentlemen to the blush who would indulge in any statements to the The subcommitt.ee on naval affairs, who were instructed to take into considera- contrary, not baring the knowledge of experts on the subject. tion and investi~a.te the subjects embraced under the second beacl of the subdi- Mr. O'NEILL. The gentleman from New York is so obliging that I vision of House resolution No. -, introduced by Mr. MORRISON, namely "On navy- really dislike to ask permission of him to say a word. vardsandtheirmanagement.,toinquirewhethertbeirnumbermayber~uced,and J t' t 0 11 rt so, in what mode and to what extent, anti, in their mana~ement, what change ca~ }.f' WILLIS i.r. • us 1Ce di t' · h d my s mgms e co ea.gue on . be made to reduce the costs thereof, and reform the alleged abuses and corruptions mit tee on Naval Affairs, the gentleman from Tennessee, [.Mr. WHIT- th C e om- existing therein," respectfully submit the following a.~ their report: THORNE/] compels me to say that I must yield to nobody bnt him. The United States Government now possess the following navy-yards, to wit: Mr. 0 NEILL. There is one question I wish to ask the gentleman, Washington, Norfolk, Kittery, Brookl.vn, New London, Charlestown, f.ea!!Ueisland, whether he was ever in the Brooklyn navy-yard.f Pensacola, and Mare Island, all, save the two latter, ueing situate upon tfi'e Atlantic coast. Mr. WILLIS. Yes; and now the gentleman, having placed himself After considering dnly a vast amount of testimony bearing upon the subject- on the witness-stand aud wishing to testify 1 he may state whether matter, the scope of work to be done in and about the repair and construction of there is anything in the report signed by Adm1ral Stringham antl four ve sels and other lal.lor required by the Navy, havin~ due reference to the efli- other naval officers which is not strictly true. ciency of the service, your committee recomm'eml: First. That all navy-yards be closed, excepting the one at Brooklyn, the one at Mr. O'NEILL. That report belongs to a past generation of men; Norfolk, and the one at Mare Island, which be kept open for the purposes of repair. forgotten almost, except for their deeds in. the Navy of the United Second. That eventually but two yards be maintained and kept open, to wit, the States fightinrr her enemies gallantly. · one at Mare Island and the one at Brooklyn. M WILLIIS A d •th th · 1' "t d t h Third. That no naval station be authorized or established unless in case of neces- r. o. n Wl em srmp lCl y an rue economy ave sity when it shall be selected at such of the closed yards as may be most expedi- been also forgotten. ent in the judgment of tho Secretary of the Navy. Mr. DUNN.13LL. Will the gentleman from Tennessee [Mr. 'VmT- Foorth. That.sale bemadeoftbenavy-yards at Charlestown and Washington with THORNE] yield to me for one moment f all convenient speed. l\1 WHITTHORNE F h t f Fifth. That the Kittery and P-ensacola yards be retained as Government prop- r. · or w a purpose ert.v, that the same may be used in period of war or other exigency. Mr. DUNNELL. I rise to express the hope that these gentlemen . Sixth. That no ~urther money be expended upon League Islantl, and that said who are participating in these personal altercations which are so rich Island, to_~eth~r w1th t.he yard at New London, ~~receded to the original grantors will not strike them out of the RECORD to-morrow. at A~ch time, m such modo, and upon such conditiOn!! a.'> may be deemed expedient u_ HA~·"ILTON 0 f N J I h th ·11 t · t th anclJnst; and, at all events, that no fru·ther money be expended in the creation en- .u.u. J.J.l ' ew ersey. ope ey Wl no go m O · e la.rgement, or improvement of either. · ' RECORD. They were out of oruer, every one of them. Seventh. That provision be made to j!nard, at the slightest possible cost all the ~lr. WHITTHORNE. It is not my purpose on this occasion to re- property an.te of the pay ual sentiment that I may have. I only express myself generally and of theN avy. I submit the tabulated statement ~:~bowing that expense, as the representative of the Committee on Naval Affairs. Their as nearly as it can be done from the last Naval Register: recommendation has for its object and purpose economy and efficiency Line officers, :wtive li11t, (776) .••..•.... 0. 0 0 •••••• 0 ••••• 0 ••••• 0 0 0 0 0. 0 ••• $1, 902, 500 in the naval service. With that end and purpose in view they have Staff officers, :wtive list, (592) 0 •••• 0 ••••• 0 • 0 •••• 0 ••• 0 ••••• 0 0 •••••• 0 0 •• 0 0 1, 562, 600 authorized and instructed me to recommend the passage of a bill Line officers, retired. list, (109)0 •• 0 •••••• 0 ........... 0 ••••• 0 0 ••• 0 •• 0 •••• 0 333, 825 which abolishes the navy-yard at League Island and at New London, Staff officers, retired list, (135) 224, 030 0 ••• 0 ••••• 0 ••••••••••• 0 0 •• 0 ••• 0 0 ••• 0 • 0 •• 0 0 bnt retains for general purposes the navy-yards at Kittery, Charles- Total pay commissioned officers 0 ••••• 0 •• 0. •• • • • • • • • .. • • • • • • 0.... 4, 022, 955 town, Brooklyn, and Norfolk, and retains for special purposes the Warrant officers, active list, (212) ...... 0 •••• ; 0 •••• 0 0 ••• 0 •• :. • $270, 600 navy-yards at Pensacola and Mare Island. Warrant officers, retired list, (28) 0 •• 0 ••••• 0 o • 0 • 0 0 •••••••••••• 0 28, 650 Now in reference to the Pensacola navy-yard; it is, I believe, a Cadet midshipmen and engineers, (317) •••••• 0 •••••••••••••••• 0 158, 500 matter well known to most of the gentlemen upon this floor that dur- Mates, (50) .••.••• 0 ••••••••••••••••••••••••••••••••• 0 • • • • • • • • • 18, 000 ing the continuation of that yard it has seldom been used for any 475,750 other purpose than as a rendezvous and repairing station ; that in 4, 498,705 the whole history of that yard but one or two vessels have been built Estimated fQr officers volunteer Navy .•.•.•••••.•••••••••••••.. 0•.• 0... 40, 400 there. And the recommendation of the committee in regard to the Mare Island navy-yard is in harmony with its past history. 4, 539,105 Mr. PAGE. Will the gentleman allow me a momentf E;~~&a~~~~~~~~~-~~-~~~~: .~:: :: ~:~t-~~~~~~ ~~0 ~ 1, 800, 000 Mr. WHITTHORNE. Certainly. Mr. PAGE. What facts in the possession of the Committee on 6, 33.1), 105 Naval Affairs have caused them to recommend the discontinuance of Will yon reflect, gentlemen, for a moment on the fact that the num- the navy-yard at Mare Island and the making it a naval rendezvous f ber of officers on the active list of the Navy line and staff is to-day Mr. WHITTHORNE. A rendezvous and repairing station. 1,368; that those upon the retired list, including chaplains and pro- Mr. PAGE. Yes. Does not the gentleman know that for the two fessors of mathematics, foot up a total of 1,612 officers; and if yon thousand miles of the Pacific coast there is but the one navy-yard at add to this the cadet midshipmen and the cadet engineers you have a Mare Island f I would like the gentleman to inform the Committee total of 1,924, and adding to that number the volunteer officers, which of the Whole upon what information or facts in possession of the the amendment which I propose to offer will abolish, you have 1,953 Committee on Naval Affairs they base this recommendation. officers for the United States Navy, that number including the cadet Mr. WHITTHORNE. The information in possession of the com- midshipmenand the cadet engineers, who are officers in embryo f Now mittee was that there waa not means enough at hand in the form of then, take 1,953 as the number of our officers who either are commis- timbers and other materials to make the navy-yard at Mare Island a sioned or may be commissioned, and yon have that number of officers general construction yard. It is within the information of the com- commanding 7,500 men. Is it not time, in view of the immense amount mittee that vast amounts of timber and other material at very great of money that you are paying to this class of officers, that you should expense-! can use no other term-at very great expense to the Gov- commence the work not only of reduction of pay but of reduction of ernment have been transshipped or carried from our eastern sea-coast their number f The Committee on Naval Affairs, believing the estab- to Mare Island; that in the articles of live oak and coal and other lishment to be top-heavy, au4 representing the great body of the tax- things the Government has been obliged to pay enormous prices to payers of the country and not representing one particular class, believe secure those articles. And in the opinion of the committee no more it just to the people that the reduction should be made not alone should be done at that yard than has been done in the past ; that is among sailors, but among the officers of the Navy. I apprehend to say, nothing but the necessary repair or construction of a vessel. that no man will take issue with me on that question; but the diffi- I do not mention it as a fact within the knowledge of the commit- culty with tbe committee was how it should be done with justice to tee, but I mention it only upon that information which is accessible the officers of the Navy. We got over that difficulty by providing to every gentleman upon this floor. It is said that a gentleman in that hereafter in the rank of rear-admirals the number should be re- the State of New York is now building a vessel to be put together at duced from twelve to three; that we awaited theslowprocess of death Mare Island, and instead of sending the various parts of that vessel 0 or retirement to make that reduction. The number of commodores is by water, he is sending it across the country by railroad. now twenty-five, and we propose to reduce it to six, and so on, follow- It was in view of these facts and with no intention or purpose on ing that idea through all the grades of officers, with the intention the part of the committee to prejudice the Mare Island navy-yard, that the number of officers in the Navy shall eventually be made to simply to keep it within its past history, that we recommend that it correspond with the number of men in the Navy. ·shonld be retained as a repairing yard as well as a naval rendezvous. In addition to that I desire to call the attention of the committee The gentleman misapprehends the bill of the committee if he sup- to the further fact that to-day-and I am mn.king no comment or re- poses that the Mare Island yard is to be simply a Navy rendezvous. flection, nor do I so intend anything I may now say on the manage- In the opinion of the committee there should be done there in the fu- ment of any party or of any Secretary-but I do call attention to the ture what has been or ought to have been legally and legitimately fact that to-day, with all of our efforts, it would not be possible to done there in the past. put into commission or to put afloat more than eighty vessels. We Mr. PAGE. I dislike to interrupt the gentleman from Tennessee, ha.ve to-day in the squadron service or active sea. service but fifty-one [Mr. WmTTHORNE,] but I would ask him, as chairman of the Com- IV-201 3202 CONGRESSIONAL RECORD-HOUSE. MAY 19, mittee on Naval Affairs, if he would deem it safe, with two thousand I have not now the time to give the reasons which operated upon miles of sea-cost, and Mare Island the only navy-yard on that coast, the mind of tho committee in recommending the surrender of New to do away with that navy-yard as a yard of construction t I believe London. I will only call attention to the recommendation of a that in the past ships have been constructed there, immense works committee upon the part of the Senate during the second session of have been done at Mare Island, and the cost of such works, I think, the Forty-third Congress, of which committee Senator SARGENT of will bear favorable comparison, so far as economy is concerned, with California was chairman, and which recommended the abolition of any other navy-yard in the United States, with the ~xception per- the navy-yard at New London. haps of some additional freight paid upon certain classes of timber. I pass now to the remaining suggestion of the Committee on Naval Mr. WHITTHORNE. I think when my friend from California Affairs, the recommendation for the re-organization of the Mn,rine [Mr. PAGE] comes to understand thoroughly the action of the Com- Corps. I have time only to state briefly that the proposition is to mittee on Naval Affairs he will see that that action is not as preju- reduce the number of privates in that corps from fifteen hundred to dicial to his navy-yard as he now takes it to be. The committee twelve hundred and the number of officers to sixty-six, being nine have reflected upon the number of vessels likely to be repaired at less than the number recommended by the Committee on Appropria- · that station. For instance, whatever squadron may be maintained tions. We also recorrimend the abolition of the staff in that corps. by the Uriited State.s upon the Nort.h or the South Pacific, the vessels In this connection we recommend such measures as will, in the judg- would have to go to this navy-vard for repairs, and very likely the ment of the committee, be promotive of efficiency in that corps as draught upon the resources of that navy-yard, in the way of material well as economy in the general service. and other supplies, will in the future as it has been in the past be Having thus hastily called attention to the recommendations of larger than their capacity to meet. the committee, I take occasion to say that at the proper time these There are things alleged about that yard which, I will not say have propositions will be submitted as amendments to the pending bill caused thecountrytowonderhowthey could be, but there are things and the concurrence of the House asked for them. which if true I have no doubt the gentleman regrets. I do not intend Mr. BLOUNT. Mr. Chairman, it affords me pleasure to bring to now to asse1ii that they are true, but if they be true they ought not the attention of the Rouse a measure of retrenchment which, while it to exist in the future. It was with these views that the Committee proposes a large reduction, comes here with the indorsement of the on Naval Affairs made the recommendation as to the Pensacola and entire Committee on Appropriations. It is only due to the Secretary ?!fare Island navy-yards. of the Navy for me to state that in our conferences with him upon When we come to the other yards, Kittery, Charlestown, Brook- this bill !IDd the reductions therein proposed he has entered no pro- lyn, and Norfolk, I agree with my colleague upon the committee, who test. He has yielded to us all the sources of information freely and has just addressed the House, [Mr. WILLis,] that the navy-yards at fully. There has been no attempt to oppose us in our purposes, but Brooklyn and at Norfolk are essential to the public service, and I we have been uniformly met with the statement: "This is your Navy; might here announce my own willingness to pause; but I am here to make such appropriations as you may deem fit ; it is only my province represent, on behalf of my committee, that the navy-yards at Kit- to conduct the duties of my Department." tery and Charlestown are not without their advantages to the service. Sir, I have no fear that in these reductions the public service will In the opinion of the committee those advantages are of such a char- be at all injured. In the first place I do not consider that the con- acter as to demand the continuance of those yards as general sta- tinued keeping up of the Navy of the United States at a high state tions. For Kittery it is to be said that, when our ships have been is at all consistent with the genius of our people any more thp.n to upon long voyages and the vessels as well as men have become in- maintain a large standing army. fected with disease, it is necessary that they should be carried to It is our great good fortune that, unlike the great powers of Europe, some water in the latitude of the Kittery navy-yard; and it was for which are continually meditating destruction of each other both this general purpose that the majority of the committee thought it upon land and upon sea, we are isolated, disconnected with those con- their duty to recommend the continuance of that yard. troversies which are continually and as it would seem necessarily As for Charlestown, it possesses advantages in the :ma,nufacturing arising there. While this Government has been in existence but a of certain articles such as are not possessed by any other establishment hundred years our Navy has been called upon but once worthy of in the Union, especially in the manufacture of rope. At that yard mention to go out against a foreign foe, and that was during the -\var · the Government, as I am informed by the gentleman from Massn,chu- of 1812. I know we have had other troubles, but they amounted to setts, [Mr. HARRIS,] my colleague on the committee, is able to carry n'l.ught. out a policy which I trnst will ever be the policy of the Navy Depart- It was charged against the administration of Jefferson as well as ment-not to permit any shyster or broker-contractor to come be- against the administration of Madison that they had almost wholly tween them and the manufacturer of the iron which goes into the neglected the Navy. Whatwastheresultf When thetrialof~trength construction of our ships. If the Charlestown navy-yard possesses did come, although we encountered an enemy who, by reason of the this advantage, it certainly should be preserved as a manufactming blows she ha.d given to the Spanish, ~"Tench, and Dutch navies, was establishment for the benefit of the United States Navy. .riding the ocean with contempt for the rest of the world, who does The navy-yard at Washington City, it will be observed, the com- not remember with pride o.ur struggle, and that it was our own de- mittee recommend to be continued as a manufacturing establishment. spised little Navy which first brought her to a recognition of the fact ·It is said that this yard has machinery whose ability to execute fine that there was one power she must and should respect T Bot how did workmanship is not equaled, certainly not surpassed, by any estab- it happen t Much was due to the fact that our Navy wa-s composed lishment in the world. With this general idea the Committee on of men of skill, of courage, and of endurance, and a gren,t deal that Naval Affairs have recommended that the Washington navy-yard be we found our commercial marine ready at once to come to our rescue. continued as a manufacturing establishment.. It was our hidden but our easily available strength. The alarm I have given the reasons why certain yards should in the opinion sounded on every occasion when an effort is made to enlarge our Navy of the committee be continued. I now come to those yards of which is not justified from our own experience. The moral force of reason they recommend the abolition. I cannot appropriately discuss or does not justify it and tho great aid of diplomacy does not justify it. give to the committee the reasons that operated upon the mind of If I entertained a doubt on this point, the fact that on my own com- the Naval Committee in recommending the retrocession of League mittee are gentlemen of long experience, who have been here for Island to the authority that gave it to the United States; but, sir, many years, who, without regard to party, concur in this report, and with proper time and opportunity I think my friends from Philadel- the further fact that a high Cabinet officer at the head of the Depart- phia will find that the Committee on Naval Affairs have reasons as ment fails to enter any protest are sufficient reasons why I should thick and plenty as blackberries. No reason can be urged for the not hesitate to go forward. continuance of a navy-yard at League Island that would not apply In addition to this, who does not feel the paralysis of the industries to every fresh-water branch that enters the Atlantic Ocean. That is of our land f Tell me a State in any section of this country, in New the only argument that can be made in favor of League Island. But, En gland, the Middle States, the Southern or Western States, or upon on the other hand, the committee will bring to the attention of the the groat Pacific slope, tell me any of them whose Representatives House and the country the fact that to make League Island a navy- upon this floor will not testify to the fact that labor with them is in yard will require an expenditure from the public Treasury, at the enforced idleness ; that business of every kind, manufacturing, mer- very lowest estimate, of $20,000,000, and in the opinion of competent cantile, or agriculture, refuses to yield those profits which we _found officers recently on duty at that station, $50,000,000. In view of this in the days of our peace and prosperity t If this be true, if this is expenditure the question will be presented whether this House is the popular demand, if this is the feeling of the committee, if this is willing to launch this country into such an expenditure for the build- the feeling of Cabinet officers, the country, I say, is to be congratu- ing of a navy-yard there, when we have superior yards already in lated that here there is to be retrenchment to which there can be no existence. That is the only practical question before the House. reasonable objection. Mr. O'l'i"EILL. Will the gentleman allow me a single remark f Now Mr. Chairman, with these preliminary remarks, it. is but due Mr. WHITTHORNE. I have not the time. to the House that I should briefly call attention to the reclnction iu Mr. O'NEILL. If the gentleman will state that LeaO'ue Island navy- the Navy appropriation bill we have brought forward, and to give yard was established as an iron-clad navy-yard, for whlch fresh water some of -the reasons which induced the committee to report it. was a necessity, he will perhaps discuss this subject more intelligently. I will add, however, that the appropriations under this bill aB re- The CHAIRMAN. 'l'he gentleman from Tennessee [Mr. WmT- ported amounted to $12,808,655.40; and t.he appropriations for the lru~t THOlL"ffi] declines to yield. . year, or rather for the current fiscal year, were $17,011,306.90, showing Mr. WHITTHORNE. This question will most likely come up at a reduction on the appropriations for the last year, or the current another time; and then we will cn.nvass the reasons on which the fiscn,l year, of $4,202,651.50; to which may be added, if the statement recommendation of the committee is based. of the Fourth .Auditor be correct, that the pay of the Navy fund has 1876. CONGRESSIONAL RECORD-HOUSE. 3203 heretofore been sufficient by reason of unexpended balances of pre- TABLE 4.-Showing esti1/l,ll,tes, appropriatio-ns, and expenditures for the vious years not covered back into the Treasury,· but which balances MvttZ service for the fiscal yea1· ending June 30, 1873. are now exhausted, and upon which now there can be no reliance; to which may be added, if that stat-ement be correct, another million For what purpose. Eati.ma.tes. Appropriations. Expenditures. of dollars, making a reduction in the expenditures of the Navy De- partment for the current fiscal year of $5,202,651.50. The ostimates for the next fiscal year were 20,871,666.40 ; and deducting from that For pay and subsistence of the the appropriation contained in this bill we have :l difference between Navy, inpuding 11?-edicines and I· the estimates and the amount actually appropriated of $8,063,011. · surgeons necessanes ..... _... _. . $6,475,674 00 $6, 315, 000 00 $6, 432, 882 72 For t.lie civil establishment at the I shall take up the discussion of this bill by paragraphs in the order navy-yards ...... . --- ...... ..... . 322,559 00 326, 18-t 00 419,531 41 iu which they appear in print. First I am brought by that arrange- For increase, repairs, ordn:mce,and ment to the pay of the Navy. The estimates were $7,600,000, a.nd equipment-------------·· ······· 5, 459, 039 00 5, 338, 751 00 7, 217,747 60 For provisions and clothing ...•... 1, 587, 600 00 1, 587, 600 ()() 2, 631, 776 36 the appropriation in the bill is $6,250,000. I think I shall be able to For contingent expenses .. _____ ... 1, 194, 500 00 1, 232, 000 00 1, 185, 135 20 show to the satisfaction of the Honse tha.t that reduction is not suf- ficient, and I shall therefore at the proper time introduce an amend- For na.¥aarda and magazines . _.. 1, 822, 538 00 For the a val Academy ........... 193,408 25 1, 071,200 00 193,498 25 2, 463, 451 05 190,654 07 ment reducing it still further. I will here call attention to the fol- For the Marine Corps ..••••....•.. 1, 049, 652 70 1, 044, 652 70 1, 071, 516 70 For miscellaneous ..•.... _ .. _..... 5,000 00 5, ()()() ()() 5, 000 00 lowing tables of the years 1857,1859, and 1860,and 1873,1874, ::md 18751 For the Bureau of Navigation and showing the estimates of appropriations :md expenditures for the Naval Observatory .............. 231,100 00 241,700 00 314,182 08 naval service for those years: F?r the Bureau of Steam Engineer- 1, 650, 000 00 1, 650 000 00 1, 641, 769 08 TABLE 1.-Showing estin&ates, app1·opriations, and expenditures for the mg ·······•••••·••••·•••••••••·•· naval sm-vice fOJ· the fiJJcal year ending June 30, 1857. TABLE 5.-Showing estim~tes, appropri~tions, and expcnditu1·es for the For what purpose. Estimates. Appropriations. Expenditures. naval seroice for the fiscal year ending June 30, 1874. For what purpose. Estimates. Appropriations. Expenditures. For pay and subsistence of the Navy and medicines. . . . . . . . . . . . . f-4, 262, 168 00 $4, 262, 168 00 Jf, 241, 321 25 For pay of civil establishment, For pay and eubsiatence of the naN;Y-yards .................... . 125, 78'.! 00 125,782 00 Navy, including medicines and For mcrease, repairs, ordnance, au~eons' necessaries . ..... __ .... $6, 618, 508 00 e6, 315, 000 00 and equipment . . . . .. . . . .. .. .. .. . 3, 088,660 00 3, 020,.500 00 2, 886, 102 95 $7, 633, 807 55 For contingent expenses . . . . • . . • . • 859, 750 00 859, 750 00 862, 467 73 For e civil establishment at the navy-yards ..... __ ....... -----·-. 312,321 00 300,767 00 385,467 33 !HE~~L~~::~:~~::~~:::::::::: 2,i~:5 ~ 1,~:5 ~ FortheNavalAcademy.. .. ....... 39,595 2-2 39,595 22 1, 7!~J~ ~ For increase, repairs, ordnance, and equipment ............... --· .... 5, 910, 192 00 39,172 2:l For provisions and clothing . _..... 1, 587, 600 00 For contingent expenses .... ... _.. 1, 312, 200 00 5, 493, 751 00 1, 587, 600 00 10, 847, 755 05 2, 019, 027 68 For the Mn.~e COrJ?S . -..... --.... 851, 11J 31 657, 113 31 503, 670 93 1, 372, 000 00 2, 037, 103 23 For steam-mail serVIce . _•...... _. . 1, 408, 850 00 1, 478, 600 00 1, 059, 866 67 For navy-yards and ma.,.,aazines .... 2, 336, 967 00 666,260 00 1, 607, 325, 83 For Stevens's war steamer.... .. _.. 86,717 84 86, 717 84 ............. _. For the Naval Academy ... _... __ . 193,430 90 For the Marine Corps ...... _. _.•.. 1,177.:m 25 193,407 40 247,477 88 1, 105, 611 25 1, 681, 122 29 i~~ ft:e ~1::;~~:':: ~:::::::::: ::::::::::::::: :::::::::::: :~·:: .....~·-~. ~~ For miscellaneous .............. --- For the Bureau of Naviiation, 5, 000 00 5, 000 00 5,000 00 F~~~':!~ . _s_t~:~~~~~~- ~~. -~~~ _._·________ ._____.. __ .. _. ____ .. _... ·-___ .__ .__Naval Observatory, and ydro- graphic work ...... -----·----··-- 417,400 00 . 306,400 00 424,329 68 For miscellaneous . . . . . . . . . . . . . . . . . 356, 880 00 450, 178 48 385, 951 73 F?r the Bureau of Steam-Engineer- TotaL ........••... _........ - 13, 524, 505 37 12, 764, 235 43 ------ 12, 726, 856 69 mg .............................. 2, 400, 000 00 2, :roo, 000 00 2, 735, 599 87 TABLE 2.-Slwtving estintates, appropriatimuJ, and ro;penditures f01' the TABLE 6.-Slunoing estintates, appropriatio-ns, a.n d expenditu1·es for the 1taval ser!fice for the fiscal y~r ending June 30, 1859. naval service for the fiscal year ending June 30, 1875. For what pru-pose. Estimates. Appropriations. Expenditures. For what purpose. Estimates. Appropriations. Expenditures. For pay and subsistence of the For pay and subsistence of the Navy ............................ $4,779,255 00 $4,779,255 00 $4, 526, 707 32 Navy, including . medicines and For the civil establishment, navy- surgeons' necessaries . .... . ... _-. ~. 592, 200 00 e6, 285, 000 00 $6, 511, 167 84 yards ___ ·-- _............... -.... 139,232 00 139,232 00 ..... .................. For the civil establishment at the For increase, repairs, ordnance, navy-yards---· .. -----·---- .... -. 412,122 00 199,899 80 194,224 17 and equipment _... _. . . . . . .. . . . . . 3, 448, 000 00 3, 448, 000 00 3, 554, 335 42 For increase, repairs, ordnance, and For contingent expenses . . • • . . . . . . 897, 600 00 897, 600 00 904,817 25 equipment------ ...... -·-·-···-- 5, 500, 344 71 ' 4, 705, 000 00 5, 793, 119 56 j~~~iaiin~_::::::::::::::::::: 1,~~:~ gg 1 '~::~ gg 1, 447, 212 46 For provisions and clothing ....... 1, 587, 600 00 1, 335, 000 00 1, 681, 730 18 146,219 66 For contingent expenses ....... _.. 1, 167, 000 00 1, 055, 000 00 I, 062, 278 90 For hospitals ............. --· ... ·-. 159,866 00 80,792 00 68,736 09 For navyJlaards and magazines ..• . 1, 015, 589 28 1, 198, 000 00 1, 197,264 39 FortheNavalAcademy .......... 45,67122 45,671 22 43,666 67 Nor the aval Academy .......... 191,307 40 175,707 00 178,813 47 For the Marine Corps . . . . . . . • . • • . . 624, 660 01 641, 460 01 674,463 26 For the Marine Corps ..... ........ 1, 105, 611 25 879,616 00 997,511 96 For steam mail-service . . . . . . .. • • . . 935, 850 00 . • • • • • .. • . ..... 457,985 91 For miscellaneous.-----··----- ___ . 5, 000 00 5, 000 00 5,000 00 For six steam-frigates .............. .. .. --- ..... .. ---·-- -- -. --·--- 352, 104 15 For the Bureau of N aviiation, For five steam sloopS-Qf-war ... _... 1, 350, 000 00 1, 350, 000 00 1, 014, 831 91 Naval Observatory, and ydro- For seven screw aloops-of-warand 999,197 01 - F~~~;:!r:~£ ·s~ &iiht~;- 241,350 00 · 212,850 00 275,350 50 one aide-wheel steamer .......... -·---- ...... -. . 1, 200,000 00 For miscellaneous................. 74,040 00 294,040 00 49-2,261 10 2, 200, 000 00 1, 800, 000 00 1, 811, 87d 69 · - -1- - - - - mg ···-·········-·~········--···· Total. ........... ···-·· ...•.. 14, 6lll, 298 23 14,598,354 23 14, 682, 738 21 I have selected the years 1857, 1859, and 1860, because it has been TABLE 3.-Showing estintates, approp1-iations, and ro;pmLditures for the so common on this floor to charge that the administration of Mr. ?tavalsm·vicefor the fiscal yea·r cnd·ing June 30,1860. Buchanan was an exceedingly extravagant one. I do not propose to raise the question whether it was or was not. I am not here to defend For what purpose. E11timates. Appropriations. Expenditures. any administration, but I take these years for the purpose of com- parison with the years 1873, 1874, and 1875. I will now call the attention of the House to the fact that in the For pay and subsistence of the year 1859, when the number of men in the Navy was the same as it is Navy ... ------------------------ $4,911,879 00 $5,578,273 00 ~. 126, 547 20 at this time, the pay of the Navy was $4,536,707.32. The estimate of For the civil estalishment, navy- yards . _.. _.. _. _. . . . _. . . . . . . . . . . . 152, 454 00 152, 454 00 the Department for the same number of officers and men for the next For increase, repairs, ordnance, fiscal year is $7,600,000. The difference is a very marked one. Mem- and equipment. ___ .. _........... 3, 663,000 00 1, 863,000 00 l, 390, 041 23 bers can at their own leisure compare th~ tables for those several years, For contingent expenses._. . .. . . .. 896, 000 00 896, 000 00 853,100 34 634,005 46 and they will find a difference of several millions of dollars in this !~~~:~~~~::::::::::::::~~:::: ·~1m ~ 2 For the Naval Academy .. _....... . 51, 040 2.."i ~~::m ~ 50, 000 00 108,300 61 matter of the pay of the Navy. 67,546 73 I shall ask, Mr. Chairman, in this connection to publish a state- 51,334 41 ment made and handed to me by the Secretary of the Navy, in For the Marine Corps .. _. . . . . . . . . . 703, 394 55 663, 394 00 609", 651 77 For steam mail-service-··-·--···-- . ....... _. .... . --··· ......... . 196,154 09 which he shows or claims that his estimate for 1877 is absolutely 91,115 39 correct, and from which it appears tha.t less than 2,000,000 of that j~~ ~:e ~~;;~~~~~s:~~~~: :~~~~~: : ~:::::: ::::::· .::::::::::::::: 669,812 09 sum are paid to the seamen and petty officen;; showing that a very For seven sloops and one steamer.. 674, 000 00 674, 000 00 811,792 51 large proportion of it, nearly $5,000,000, goes to the retired-list and For miscellaneous . _... _ . _. _.... _. 87, 384 00 342, 000 00 903,748 36 - - - - - - - - - - - -:- - - - - to the pay of the officers. · I Total .. __ . _. . ...... __ .... _.. 13, 500, 370 80 10, 531, 163 00 11, 513, 150 19 The ~tatement as furnishedlby the Secretary of the Navy is as fol- lows: 3204 CONGRESSIONAL R,ECORD-HOUSE . MAY 19, .dmmtnt 1·equi1·ed to pay officers of the Navy as they are bm·ne .on the Registm· Arnount requi1·ed to pay officers of the Navy, cfo.-Continnocl-. of January l, 1875. ~ .... .p ~ rs and officers of that institu- rendezvous at Tybee, off the coast of Georgia. I call attention to a tion and the pay of similar officers at the institution at West Point. memorial on that subject setting forth all the advantages of such a Having just passed through the consideration of the Military Academy rendezvous, and a stat.ement from the Chief of the Bureau of Navi- bill and considered it in deta.il, when we came to the modest appro- gation, who, if anybody knows, certainly ought to know whether priation asked for by the Naval Academy we couldseenoplace where this is right and proper: any retrenchment could be had. In reference to the Marine Corps we propose a; reduction. The pres- To the honcrable the Senators and Representatives from the State of Georgia in the Congress of the United States : ent number of officers is ninety-three, and we propose a gradual re- The mayor and aldermen of the city of Savannah, and the Chamber of Commerce duction down to seventy-five. · and Board of Trade, and Central Raih·oad and Banking Company, ancl Atlantic 1876. CONGRESSIONAL RECORD-HOUSE. 3207 and Gulf Railroad Company, and commissioners of pilotage, of said city, beg leave great interests we have the honor to represent, and which we believe to be endan· to call your earuest attention to the plan said to be entertained by the authorities gered by impending plans looking not so care£nlly to the establishment of a naval of the ~neral Gi>vernment for the establishment of a naval station at Port Royal sta.tion at Port Royal a.s t.o the creation of a new commercial port at the expense of and to lay before you some reasons why said plan is inexpedient and unnecessary, the General Government and to the irremediable detriment of vested interests ex· subjooting the Government to large and useless expenditures without commen- istin.g elsewhere. surate resultin,g benefits, to the injury of the great local interests represented by · E. C. ANDERSON, your memorialists as well as to the general commercial interestq of the people of Mayor, for and in behalf of the Oity Council. Georgia, and, without justification, to an increase of burdens of the General Gi>v- OCTAVUS COHEN, ernmon~ · President Ohamber Commerce. A.ssuming it to be expedient for the national defense and for the economy of the J. W. LATHROP, Navy~ e~tablish a nav_al station at an appropriate point on the Sonth Atlantic President Sav,nnah Gotten Exchange. coast, It will not be darned that the harbor of Port Royal affords for this purpose WM. M. WADLEY, an advantage confined to its capacity to float a larger number of vessels than any President Central Railroad. other harbor on the South Atlantic coast; bnt this advantage is overcome by other JOHN SCREVEN, con iderations of greater value. · Pal er than that of any other harbor on the South Atlantic coast. But this we can Chairman Commissioners of Pilotage. deny with confidence, the depth of water over the entrance of Port Royal and Sa- SAVANNAH, February 4, 1876. vannah being the same, namely, nineteen feet at mean low tide. In this respoot, therefore, no superiority can be asserted for the former, each allowing vessels of the same draught, while there is no other harbor on the Sonth Atlantic coast [Indorsement on the foregoing by the Chief of the Bureau ofNavigation, to whom known to have as deep water over its ocean bar. In a comparison of the inner ca.. the above was referrea by the Secretary of the Navy for a report.l pacities of the two ports the area of Port Royal is greater than that of Savannah, BUREAU OF NAVIGATION, NAVY DEPARTMENT, but the area _of the latter is amply .sufficient to contain safely and conveniently any Washi11gton, March 7, 1876. fleet the Umted States are ever likelv to concentrat-e on the South Atlantic coast in times of peace or war, while it is well known that the anchorage of the ports is [Relating to and accompanying memorial of the city of Savannah to Congress t~qually esteemed, whether for holding-ground or protection during storms. setting forth the advantages of their waters for a naval station, referred to thi~ -It is therefore evident that the only natural advantage which can be claimed for Bureau by the Na_vy Department.] Port Royal over the port of Savannah is in area, and this advanta"'e is not necessary The points are fairly presented in the memorial, and in comparison with the har- to be considered in view of the sufficiency of the area of the latt;r. bor of Port Royal. We now ask your earnest attention to other points looking to the superiority of First. The depth of water on the Savannah River bar is sufficient. the port of Savannah n.s a naval station in respect to economy and convenience: Sooond. The anchorage off Tybee Island and within the bar is ample in extent First. Port Royal is wholly unddended by fortifications, but the port of Savan- and is salubrious at all seasons. nah is protected b~ Fort Pulaski, capable of mounting the heaviest class of mod- Third. Pure fresh water is found at all seasons of the year at the head of Elba ern armament, while the Government holds two hundred and ten acres of land on Island, or at a distance of about ten miles from the entrance of the river and sev- T ybee Island, intended for the site of additional fortifications to defend the chan- eral miles lower down during a considerable part of the year. This would not only n el still more completely, to bring hostile vessels under concentrated fire and more be of great advantao-e and economy for drinking supply, but also in preventing effectually cover any shlpping seeking protection from an enemy. The$ defenses rust and the accum~tion of barnacles and other animal.and vegetable growths on have been established by the General Government at great cost, and there can be the bottoms of iron vessels. This condition is of marked contrast to Port Royal. no good reason assigned why, fer the protection of a na-val station, the Gi>vernment The fresh-water bills of the Dictator for six months amount to $4,584.18, at thern.te should expend large sums of money at Port Royal when all the protection needed of 9,168.36 yearly. With the force now making rendezvous at Port Royal, the for a naval station already exists or may be economically added to that already cost for drinking-water will be not less tban $100,000 yearly. The vegetable and established in the harbor of Savannah. In short, Port Royal would require the animal growth in Port Royal harbor on the bottoms of iron vessels is surprisingly erection of new costly works, already constructed n. t Savannah and t·h e Government great. be subjected to useless and unjustifiable expense. ' Fourth. The sufficiency of fortifications of the Savannah River, and the insuf- It has been said that it is not the purpose of the Government authorities to erect ficiency, or rather absence, of them at Port Royal. permanent fortifications in P~rt Royal harh?r, and that the foregoing suggestions Fifth. The facilities of obtaining repairs and supplies of all kinds at reasonable are not well fo~ded; bnt With ~bat expediency and economy ooulu a station for rates and, if desired, directly from the North by steamers. the Sonth Atlantic fleet be established at any gtven point without surrounding it Sixth. Th~ facility o~ hauling up or putting vessels into dry-dock, for repairs, with adequate means of protootion in times of warY and of suffiCient capacity for all classes of vessels usual in those waters and at no If it is to be believed that iron-clad vessels will afford sufficient protection to such greater cost than at northern ports. a station, either such vessels must be so constructed as to take the place of perma- Seventh. Should the yellow fever become epidemic at Sa.v8.11Dah or in those wa- nent land defenses and cost commensurate sums of money, or, if otherwise such ters, which is of rare occurrence, the proximity to Port Royal, Warsaw and other vessels must be confined to that one position and become unavailable wh~n re- sounds and ports less frequented, to which naval vessels could go. ' . q;nired at other points. The Gi>vernment must bo subjected to greater expense in .Ei.ght~. The proximity of an agreeable _cultivated society, a preventive of low etther ca.se : in the one to provide new stationary and in the other to increase the dissipation to the personnel, though affording necessary recreation and maintain- number of maneuvering vessels. ing the morale, so necessary to effootiveness. Second. Tho Gi>vernment already owns ample available land accommodations in Ninth. Should the War Department allow the use of the wharf on Cockspur Isl- Savannah harbor for the purposes of a naval station, na.m . ely, the whole of Cocksp_ur and and the erection of sheds for coal and other supplies, and, if found convenient Island, on which Fort Pulaski rests, and two hundred and ten acres of land on Ty- to te~vorarily turn o~e! Fort Pulaski to the Navy, with sheds, storehouses, &c., th~ bee Island, facing the anchorage and available for workshops, CO'I.l depots store- su~pl}.es of coal, proVISIOns, and other stores woUld _be far safer from depredation houses &c. ' or IDJury than would be the case at Port Royal Without a considerable expendi- Third. Port Royal is little more than a natural harbor; it does not oossess any ture, and they would be landed and taken on board at small cost and with !ITElat facility. ~ !mportant commercial est\blishment. While, therefore, it should not present any rmportant local reasons for n.'l.val defense, it offers no advantage as a point of local For a depot of supplies, as above shown, the waters of Savannah River have supply fo~ ~~Y portion of the Navy of the United States. Nor does it contain any special advantagelf. A personal knowledge of the localities mentioned enables me of the facilities necessary as a place of naval resort. It has neither workshops nor to give an expression of opinion such as would not be possible otherwise. docks. All these must be erected at the cost of the Go-vernment even for tem- Respootfully submitteail'S of vesse!H than those of any port on the South Atlantic and are sufficient to All vessels drawing sixteen or eighteen feet could on the first high tide go np be- receive an ordinary man-of-war. In addition to these advantages for affording gen- yond Cockspur Island where the water would be smooth, and could do so at low eral supplies and naval facilities, no American harbor excels tb2.4 of Savannah in water, w~en the wind set Sasons why a naval statiOn should not be established at Port Roval to be purchased at Port Royal, would be far less than the cost of iron vessels through ana bec_ause the Government will thereby be subjoot to causeless and unjustifiabl~ deterioration when lying qufetly in a< water. expeJ?ditures, ":""e beg leave~ add that, in our ~pprehension, such outlays will nec- Very respectfully yours, ess!lrily result~ the e~tablishment of a growmg commerce at that point, to the DANIEL .A.M.MEN, senous :md bating detrrment of the commerce of the city of Savannah and other Ohief of Bureau of Navigation. parts of the Sta~ of Georgia. It should not be lost sight of that this city, in her Hon.J.H.~UNT,Jf.a. ~rporate ca.~Ity, ha;s expended from her tr~m:Y at least one-quarter of a mill- Ion of dollars m the .Improvement of the naVIgation of ~e river, from which the .At the present time our vessels are rendezvousing at Port Royal Go':ernm~nt has denved a l_arge amount of ~venue, cited above in the import where there is no fresh water for our iron-clads, no storehouses, and duties paid by vessels profiting by the deepenmg of the river channel, and that no docks. Some of the iron-clads have been brought from Pensacola Congress, rooo!!Jlizing the wisdom of our efforts, has in the past three years as- for the re3Bon that there is no fresh water at that point. It is sumed the work of improvements, in order to perfect what Savannah, by her own unaided efforta, had incepted. urged that Savannah is a pr?per place for a naval rendezvous, first, These ad van tag~, 'vith all the ~aciliti~s and accommodations they contain, have because the anchorage there IS good and, second, because there is a been developed dunng a long penod of mdustry and enterprise and at a vast out- dry-dock and ship-yard there, with fresh water and communication · lay of public and private capital, from which the General Government itself has with ~ew York by land and water. The Government is alre:Wy in drawn large revenues; and we do most solemnly urge that the General Gi>vern- mflnt should not, without such forcible reasons as cannot be made apparent in this possessiOn of three hundred acres of land on Cockspur Island, quite case, seek to create a great public establishment, to be paid for in part from rev- as much or more land on Tybee Island. On Tybee Island there is enue derived J!om the people of Savannah and other ports and the people of the every facility for stores, and great numbers of buildings that are ~tate of Georgta, and to threaten permanent and vital injury to their most valuable mterests. now of no use. We do therefore respectfully ask the grave attention of our. honorable Senators There will be no expenditure required by the Government to make and Representatives to this important subject, invoking their just protection for the that a naval rendezvous. The Secretary of War recommends it, and 32()8 CONGRESSIONAL RECORD-HOUSE. MAY 19, I am informed that the Secretary of the Navy thinks it is a. proper of emergency money, --vhich a proper state of national defense would thing to be done. It will be to the advantage of the Government, in have prevented. Has this nation no dignityf Has it no foreign re- order that the buildings now under the control of the Wa.r ·Depart- lations involving high national duties f Is it to go on forgetful'in ment may be uti1ized for this purpose. the present of the pos ible da-ngers of the future f Are we proof The chief of the Bureau of Navigation states in his communication against the passions and dangers which older nations watch with such that in the item of water alone for the vessels at Port Royal the sum jealous care f It seems to me far otherwise. Of all countries, t his is of 100,000 has been expended. That shows how improper it was to essentially a maritime one. The ocean is certain to be alive with its select that place as a naval rendezvous and how very proper that commerce. It is but a question of time, and of comparatively ap- the provision in reference to Tybee Island should be adopted. proximate time. One long line of coast sweeping the edges of the At- At this late stage of the session and in view of the feeling of mem- lantic and Pacific and the Gulf of Mexico, will be teeming with busy bers that the busmess of the country shall be proceeded with instead ports. Give them protection and a fee lin~ of security, such as that ac- of our f,i me being taken up in debate, I do not feel at liberty to ~o corded by other nations to those sailing l>eneath their flags. Let ns furt her than I have in occupying the time of the House. I Wlll look at this matter in a broad spirit of patriotism, and be not penn y- therefore yield the remainder of my time to the honorable gentleman wise .and pound-foolish. ' · from Maine, [Mr. HALE.] Let me say, sir, that by the Constitution authority is granted to Mr. HALE. I will yield the time allotted to me to the gentleman the legislating power to establish and maintain a navy, and this in- from Pennsylvania,, [Mr. FREEMAN.] Before he proceeds, allow me volves a. duty of a lofty and imperious chara"(}ter. It should be exer- to say that the gentleman represents a district in which is located cised with stability, and should not be subject to the varying irnpul ·es one of these yards; and as he desires to present his views·upon the of changing and uncertain legislation. .All such legislation should subject, and for the further reason that I am desirous that we shall be founded upon a scientific regard for the seriousue of the coUR - as soon as possible get to the :five-minutes debate upon this bill, I will quences. It should be guided by the intelligence of t he best minus, yield my time to him and not take it myself. and not be wafted npon the shifting current of v acillating par ty pol- Mr. FREEMAN. Mr. Chairman, I thank the gentleman from Maine itics. [Mr. HALE] for his courtesy. The introduction of steam worked of itself a wonderful change in It had not been my intention to consume the time of the House the relations and conditions of maritime nation . Time and the ex- upon matters outside of the committee upon which I have.the honor perience of war here in onr own land in one year r volutionized t he of serving, but the importance of the amendment which I understand system of war-ships and naval warfare throughout the world. I a k is to be offered to the bill under consideration, not only to those the Clerk to read :1 passage I have marked in the report of the Sec- whom- I more immediately represent but to the vital interests of the retary of the Navy for 1874. country at large, has impelled me to feel not merely the inclination The Clerk read a-s follows : bnt the solemn dnty of entering my protest against the principle A COMPARISON WITH FOREIGN NAVIES. upon which it claims to be based. I had rather say, sir, want of prin- While we have boon sa.tisfied with our iron v els built during the civil war, ciple, for I fail to appreciate the patriotism or the statesmanship or many of which proved worthless, the following is the r esult of the en terprise of even the political sagacity from which it can claim existence. Do formgn nations, who seem to vie with each other in the rnce of building iron-clads gentlemen remember that this is a great nation, de tined to become and casting heavy guns. Engl.andnas built, and is building, since the introduction of iron-clads, :fifty-fivo the greatest on the face of the globe1 if it shall not be stricken down vessels of 322,85~ tons, iron-clad, armor-plated ships, and iron-plated gtm-boata. and Its natural future destroyed by Ignorance or intentionally insid- France bas built forty-four iron-ca ed vessels of all kinds, or 188,375 tonB ; Rus ia, ious legislation Y The e, sir, are the dangers to be feared, ancl not twenty-fo11;r iron-plated ves els, or 67,000 tons; Italy, twenty-~wo , or 75,101 tons : the provision of the proper and necessary funds for carrying out the tons; Austria, nrne, or 36,119 ton::~; Turkey, four, or 16,884 tons; paiD, eleven. or 4~, 000 Sweden, five, or 5,100 tons; Denmark, six, or 10,836 tons ; Holland, five, or functions of Government. It is a most remarkable picture that we find - --tons; Germany, elev n, or 63,776 tonB; ono hundred anu ninety- ix iron- pre ents itself, if we look back to the early d:tys of 1861. The party clads, all told, to say nothing of Chili and Peru, which have a hr~er fol'Ce of the e now in power in this House for the :first time since those dark days vessels than the combined forces of all the foreign nations on then· coasts. had wielded possession of the Government for many years before. man The nation that seems to be advancing most rapidly in navai _Power is the Ger- Empire, which, from having a very small force of vessels ill 1869, bas now a Yet the condition of this branch of service, so vital to the preserva.- very respe:Jtable one, and in a few years will po. ess an iron-clad navy only inferior tion of the nation's life at that time, was worse than pitiable. So in size to those of Engl:\ncl, FraMe, and Ru sh. little prepared were we for a foreign war that we could not secure, Mr. FREEMAN. Hence the neces ity only too evident to those with all thE\ tonnage of the country, an efficient closing of our own whose position :1nd educa.tion had best. fitted them to judge, for the ports. It is within the memory of every member of this House that corresponding revolution in material and conveniences to suit the so helpless were we from fatal want of foresight or intentional neg- changed condition of things. And this progre s and improvement lect that two cruisers alone were able to sweep the broad sE.\as of still necessitate and crsate additional change. Hence the introduc- almost every vestige of American commerce. tion of iron-clnds worked a great modification and alteration in the And I beg t o say, sir, to this Hou~e that I refer to this past in no requirements of such ve sels as were laid up either for repair or in spirit wanting in fratern'll regard, for I would to God while its ex- ordinv,ry: They dema.nded imperatively such water as would act le s periences must live its memories might be buried from the face of disastrously npon the iron plates than sa.lt water. It is interest ing the earth and blotted from every heart. But I do so, neverthele s, to mark this era in naval aftairs. As early as March 25, 1862, the Sec- to invoke the teachings of its philosophy and to gather forethought retary of the Navy called attention to this general subject in a. com- from the les ons of its sad experiences. Wh3.t would have been the munio:Ltion to the Honse Committee on Naval Affairs. On June D result, nay, what must inevitably be the result if by the unforeseen following he said : wisdom of Providence we should be engaged this ye:1r in a foreign It is now generally conceded that vessels for fighting purposes must be heavily warT Why, sir, Great Britain, France, Italy, and even poor torn plated with Iron, if they are not built entirely of that material. In this, as in moRt Spain could blow the American Navy to atoms. It may not be pal- costly fabrics, economy is reached through durability . Iron ship-building is new in atable to American pride, but it is exactly the existing state of bets. this country, but few persons are engaged in it, a.nd it is a novelty in our ya rds. And yet to-day the American Navy is in a better condition than it has or Heavy iron beams. shaftin:;r, and thicK iron plates can be procured from only two three parties, and then in limited quantities and subject to gr eat delay. Tncli- ever been since we have had a Government. But it has fallen far out viduaJ.s have little use for iron of such magnitude ns the Navy must have, and there of sight of the natural growth and increase of the nation, and a cas- must unavoidably be great outlay to prepare for the execution of such work. With ual comparison of the figures will show how little our wise men have only the Navy for a. purcha. er there can be no competition, and the Governm ent appreciated the corresponding growth of our relations and interests forges will be compe1led undt>r such circumstances to pay almost any price the mills and may demand. No inconsiderable portion of an iron ship can be m'\de and abroad ::>.nd our dignity among the nations of the world. procured at the ordinary mills and so far a.s it can be done it DU.loy be the best polic.v Navies are not capable of springing into vitality in a day; and I to be so supplied; but as the heavy and expensive portions cannot be so proem· d, propose to give a few of the :figures to show how important this branch and unless the Government is prepared to execute the work, it will be subj ect to of the service has been considered by every European power. En- imposition and its vessels to marked inferiority. gland, with all her magnificent ship-yards costing hundreds of mill- And it is no less a necessity than a duty that we should legislate ~ ions already created, expended in the year ending March 31, 1874, for these United States as a great maritime power. The laws of nature £10,244,355; in 1&75, £10,678~~~; in 1876, £10,825,194; and in 1877 have decreed it, and nothmg but our own folly can prevent it from the estimates are for nearly IlllJY-seven millions of dollars, or nearly becoming so. It is far different, it will be perceived, from the ques- 450 per cent. more than the amount appropri..'l>ted in this bill. These tion presented by the .Army. Experience has demonstrated, from the countries have a length of coast not to be mentioned in extent with wonderful extent of onr territory and the physical surroundings of ours. During the last hundred years the populations have grown the case, that we need entertain no fear on that core. To defend but a fractional degree of the extent of our own young land, which this country against a foreign foe millions of men could be raised in has increased, despite its trials and internecine struggle, 1,300 per a week, and the extraordinary development of our manufacturing in- cent. And, sir, if this is the history of past growth, what is to be ex-· terests could almost as mpidly equip them. pected of the fntnre f .Are we to close our eyes to these facts and But, sir , a navy is a work of time. Its growth, to be substantial thoughts in legislating upon a subject of the gravity and importance and well conditioned, must be, relatively, slow. It must be nbject of the one under considemtion T .Are we to hack and hew away at to the improvements and changes and advances yearly being made by this appropriation involving the future welfare and safety of this the great nations, and required by the advancing spirit of the times, people with the same di reg:ud of the public nece sity and duty as and the growing wants of the country. For my part I am opposed ' has char!tcterized the legislation on the diplomatic bill or that per- to the abandonment of any of our navy-yards. Should such a course taining to pinched and beggarly clerks f be adopted, iu my opinion the time will come when it will be deeply Sir, I raise my voice against any such ruinous policy. I am opposed regretted. I can see no logic in the proposition to wait until a city to an economy which is to expose us, as in the Virginius aftah·, with- is burned down to build the necessary fire-ext inguishing apparatus, out a moment's warning, to the hasty and inconsiderate expenditure and I ca.u soe no ratlical difference between the cases. 1876. CONGRESSIONAL REOORD-HOUSE. 3209 The whole object and reasoning and necessities which led the Gov- has no other interest in it. It surely is not necessary for me to dwell ernment to ~tablish League Island were to supply an imperative na- on that. tional wa.nt. It was not done or intended a"8 an additionaZ yard, and Only a few days ago every member of this body had visible evi- it is not one in fact. I tis one of a differentchalracter only, and has been dence of the ~enerons, loyal spirit actuating her noble people. They established with the purpose of meeting the requirements of the have given Without stint, both city and State, to celebrate the anni- changed condition of naval affairs and the needs of an iron navy. versary of-not their birth, not their vanity or their glory-but of the The Secretary of the Navy, in his annual report of December 1, 1862, sealing anew and the reconsecration of the pledge of free government says upon this subject: for a free people throughout the wide borders of the world. Tl;l.e In selecting a. site for such a navy-yard, there are two 688enMa.l and controlling proposition which is made to abolish League Island I trust, therefore, considemtions which must govern. One is the very great advantage (if not abso- 1 may be permitted to oppose without being charged with any selfish lu te necessity) of fresh water over salt water for the preservation of iron vessels. sentiments of local interest. Why, sir, in December, 1864, the Secre- The other is security from an attack by a foreign enemy. These two primary qualities are to be had at League Island. Iron and coal are also in close proximity tary of the Navy again iterates and reiterates his views in this behalf. to that loo..'ttion. He says, alluding once more to this matter and impressed with the In regard to the location of naval depots, and the necessity for vast importance of it : having them secure from foreign enemies, I cannot more clearly pre- An extensive water frontage must also be secured. For such a. depot and estab- sent what are the requisites than by quoting from the report of a lishment, where costly machinery and material would oocumulate during years of peace, the advantages of an interior location are most manifest. These favorable very able board of eminent officers and engineers on the sea-coast de- conditions are to be obtained nowhere else so completely as on the Delaware River; fenses, made in 1820, as found in Naval Librnry, volume 13, page 4, and the po~ition of League Island, within the limits of the city of Pbil.adelphia, aB follows: presents probably a stronger combination of the points that are necessary than any other location. Security against an o.ttack by sea. or land is undoubtedly the first condition re- quired; for the destruction of an establishment of this nature involves with it the .And this, sir, was a gentleman from near New Londen, the only destruction of all those elements of a naval force which have been collected a long other place offering to assist the Government. He had gone through time beforehand and during peace, to the incalculable loss of the public. Snob a misfortune must be severely felt during the whole course of a war, and cannot the fiery trials of actual experience, and knew what it was in the day well be repaired while it continues. This indispensable quality (security) must be of carnage to hear calls for that which it was impossible to supply. obtained, as well a.s localities will admit, without having recourse to artificial forti- He knew the desperation of the situation and the imperative duty fi cations, for these must be very costly; and if that expense can be avoided, the same sums will be much more advantageously laid out m improving and aggran- due to the future. He says again-and who can say it may not be dizing the establishment of the depot. Thus, if equal in other respects, a place with prophetic words ,_ whose site is natnrnlly strong and whose position with respect to the general fron- Our next contest may be with a. naval power which will attempt to direct upon tier is well covered should be preferred to another that requires to be Iortified. our shores a course of operations similar to those which we have applied to the Tbe great essential here specified of security from attack by a foreign enemy southern coast for suppressing the rebellion. One yard at least where rron vessels, appertains to League Island, which has in that respect strong to~graphica.l ad- iron armor, and iron shafting can be mannfMtured is now imperatively necessary. vantages. Its interior location might have constituted an objection at a former Among the considerations that should control the selection of a site for such a yard period when only_ ~vessels were in the naval service, but the introduction of and establishment, which shall become the depot for the materials collected in years steam bas w~ - ~~volution in this respect, rendering the movements of our of peace with which to build and repair our naval vessels, and where will be aggre- war vessels ~~of wind and tide. Immediate contiguity to the ocean is gated machinery and tools such as at present are not be found in this country; a.nd no longer deemei an' &d'V&ntage, but a disadvantage. Steam, rifled cannon, and which, when once procured, could not if destroyed be easily or readily repbced, modern impro · t· in·brdnance have rendered harbors and depots immediately will be its absolute safety from attack by sea. or land. So far as is possible we on tbe seaboard insecure. In a recent debate in the British Parliament it was should avail oursel vas of natural advantages in obtaining the indispensable securit;r emphatica.lly urged that Portsmouth and its immense and costly works must be for such an establishment, without depending entirely on fortifications and artifi- abandoned, for tlie reason that a naval depot should not be within the range of five cial means, which would be more costly than the navy-yard itself. or six miles of an attacking force. If, then, fresh water be indispensable for a navy-yard for the construction, re:{>air, and dockage of iron vessels and vessels that I have heard the argument suggested that it will cost largely to are clad with iron, t.b ere is no poSltion east of the Delaware where the difficulties complete League Island, and therefore this rash measure of destruc- from ice do not exceed those urged against League Island, nor has any place been tion is commendable. This, I beg to say, is a non sequit-ttr, and is just proposed that present!! equal advantages or is so secure from an attack. While there are some obvious and admitted objections to League Island, no place has been no argument at all. Was there ever anything mor~ absurd t Is it proposed that combines so many advantages, nnl688 it be the contracted and alto- within the range of human reason to suggest an illustration of greater gether inade the organization of the Government.-( C&n- by the failure of those whose duty it was to collect it-to do so, or to densedjrom the report of the Register of the Treasury for 1875.) account for it; lost, I said-that puts it too mildly, stolen-stolen from the people by corrupt a.nd fraudulent officials and combinations and rings. And now for the proof. Dates. Civil list. Net ordinary ex· The commission appointed by the President under the act of March penditurea. 4, 1871, consisting of George William Curtis, Alexander G. Cattell, Joseph Medill, Damson A. Walker, E. B. Elliott, Joseph H. Blackfan, From March 4, 1789, to December 31, 1792 .••. $1,138,052 03 $3, 797, 493 20 and David C. Cox, made their report in 1871. And the President by For four years ending December 31, 1796 .... 1, 607, 960 07 12, 093, 205 35 his special message of December 19, 1871, transmitting this report to For four years en~g December 31, 1800 ..•. 2, 329,433 08 'l1, 348, 351 19 For four years ending Deoomber 31, 1804 •••. 2, 297,648 17 17, 174, 432 96 Congress, indorses it and" asks for all the strength which Congress For four years ending December 31, 1808 ..•. 2, 616, 772 77 25, 926, 355 72 can give to enable me [him] to carry out the reforms recommended For four years end in~~: December 31, 1812 ..•. 2, 887, 197 98 36, 117, 857 98 by the commissioners." These commissioners say, (Senate Documents For four years ending December 31, 1816 ... . 3, 768, 342 61 108, 537, 086 88 No.1 to 2, second session Forty-second Congress, 1871-'72 :) For four years ending December 31, 1820 ... . 4, 494, 606 42 57,698,087 71 For four years ending December 31, 1824 .••. 4, 665, 602 11 45, 665, 421 88 It is not ea.sy to compute in figures the exact economical difference between a For four years ending Deoomber 31, 1828 ..•. 5,271, 124, 34 50, 501, 913 31 good and a bad system of the civil servioo. It is, necessarily, a matter of inference For four years ending December 31, 1832 ..•. 6, 081, 307 73 56, 270, 480 62 and of comparison between the probable operation of a careless and a careful method. For four years ending December 31, 1836 •.•. 7, 659, 0&6 86 w.l, 522, 286 68 But it is calculated by those who have made a careful study of all the facts, that For four years ending December 31, 1840 ..• . 9, 899, 49R 58 121, 729, 801 16 one-fourth of the revenues of the United States are annually lost in the collection, From January 1, 1841, to June 30, 1845 . .•.••. 11, 508,546 86 104, 360, 163 10 and for a large part of that loss a system of the service which is partially unsound For four years ending June 30, 1849 .•••••..•. 10, 615,571 14 165, 381, 026 34 may reasonably be held responsible. .J:I'or four years ending June 30, 1853 .••.••.... 14, 214, 458 90 165, 684, 050 48 Now, if this estimate is correct-and it is an estimate made by the For four years endin~ J nne :10, 1857, (Pierce). 25, 0.16,171 74 232, 820, 632 35 For four years ending June 30, 1861, (Bu- highest republican authority,and I doubt not and I think I can show is chanan) ...... . .......................... .25, 180, 6TI 32 261, 165,809 62 under rather than over the mark-if this estimate is correct, not more For four years ending June :SO, 1865, (Lincoln). 30,765,508 71 3, 176, Ot7, 346 94 than three-fourths of the revenue that ought to have gone there has For four years ending June 30, 1869, (Johnson) *66, 412, 391 61 1, 012. 420, 202 14 found its way into the Treasury, leaving the other one-fourth, amount- For four years ending June 30, 1873, (Grant). t69, 989, 774 16 656; 066, 892 39 For one yea-r ending J"une, 30, 1874, (Grant) .. 17,646,253 38 194,217,210 27 inginexactfiguresto$1,498,360,421.54, to be accounted for as" strayed, For one year ending June 30, 1875, (Grant) .. 17,346,929 53 171, 529, 848 27 lost, or stolen," especially the last. But were these commissioners correct in their estimate T I propose to show that their estimate of * This includes $7,200,000 paid for Alaska; also $5,505,451.79 paid for mailservioo, the amount is, if anything, too small. The Secretary of the Treasury PostrOffioo Department. (Mr. ~..,essenden) in his annual report for 1864 said ':the annual yieJd t Total in six years of Grant's two terms, $1,021,813,950.91. of our distilleries has been about 100,000,000 gallons." The census 3212 CONGRESSIONAL RECORD-HOUSE. MAY 19, of 1860 shows that it was then over 90,000,000 ; and I suppose I may The amount out of which the Government has been defrauded is safely appeal to the observation of the country for proof that the con- so immense that, like the centennial exhibition in Philadelphia, it sumption of ardent spirits has kept full pace with the increase of bewilders you and it cannot all be taken in at once by the eye or population. I have here a statement showing the number of gallons comprehended by the mind. Just think of it a.~ain, H32,000,000 in of distilled spirits on which the tax was collected and returned to the one single year on spirits alone. Why this is 5u,OOO,OOO more than Office of the Commis ioner of Internal Revenue for each fiscal year the whole assessed property of the State of North Carolina, as shown since the organization of the present internal-revenue system: by the census of 1870. Just think again I If all the property of thiS Statement showing the nurnber of gallons of distilled spirits on which the once proud old State-land, houses, corn, everything-were put up tax was collected and t·eturned to the O.tfice of the Comm.i.ssioner of Inter- at auction and sold for cash it would not amount to as much as the nal Revenue for each fiscal year since the o1·ganization of the present in- whisky fraud upon the Government amounted to in one year. It was ternaZ-t•et enue B1Jsiem. more than the assessed value, according to the census of 1870, of Alabama, or Arkansas, or Delaware, or Florida, or Mississippi, or New Hampshire or Vermont or Texas. Number of gallons of spir- its distilled from- Who :;m say with thls exhibit-in which nothing is said of the frauds in the collection of the tobacco tax, for I have not time to go Fiscal years ending June 30. Tot.'ll. into that-that the estim:1.te of Mr. Curtis's commission is large enough 1 .Apples, Grain and But assuming itnot to be over themark, we have shown bythehigh- grapes, and ,_ est proof that the Government has been defrauded out of one-fourth of peaches. mo ..asses . . itsrevenue; thatis,inroundnumbers, 1,500,000,000; butthisdoesnot represent all the loss. If this money had been faithfuJly collected and 1863 ...................................... . (a.) 16,149,954 ~. 149, 954 honestly applied, it would have gone to the extinguishment of that 1864 ...................................... . (a.) 85, 295,393 85,295, 393 much of the public debt. So that to represent the real loss the iutere t 1865 ..................................... .. (b.)22, 065 16,936, 780 16,958,845 must be added. Now, any one who will take the pains to calculate 14, 588, 7!J9 it will see that $1,500,000,000 + 600,000,000 = $2,100,000,000; the in- 1866 ..................................... .. 248, 654 14, 599,289 14,847,943 1867 ............... . ..................... . 440,607 14, 148, 132 1868 ..................................... .. 515,262 6, 709,546 7, 224, 808 terest would exceed $600,000,000. Now, the public debt is less in 1869 ...................................... . 908,857 61, 183,559 62,092,416 round numbers than 2,240,000,000. So that it will be seen that nearly 187!1 ...................................... . 1, 223,830 77,266,368 78,490,198 enough has been lost to the Government to pay the entire public debt. 1871. ..................................... . 2, 4;2, 011 59, 842,617 62, 3L4, 628 1872 ................ , .................... .. 1, 089,698 65,145,880 66,235,578 Is it not time for people to arouse themselves f If this money had 1873 ...................................... . 2, 658,260 62,945, 154 65,60:J, 414 been faithfully collected and honestly applied and economy had 1874 ..................................... .. 766,688 61,814,874 62, 581,562 marked the administration of the Government, how different would 1875.................................... .. 1, 757,203 62,668, 709 64,425,912 be the condition of the country to-day. ---- TotaL ............................ .. 12,103,135 604, 706, 255 616, 809, 390 There would be no public debt hanging like a mighty weight around the necks of the people to paralyze their energies and sink them iu (a.) Included in next column. (b.) Mostly included in next column. despair; no bonds and bondholders to be paid in gold. The ordinary old-time receipts from customs would abundantly defray the expenses It will be seen from this statement that the whole amount of dis- of the Government, and there woulu be no necessity for internal rev- tilled spirits accounted for from 1863 to 1875 was only 616,809,390 mine, with its attendant train of assessors, collectors, and deputy as- gallons, when it should have been in fact 1,300,000,000. In 1868 it sessors and collectors, supervisors, detectives, and spies, its rings, its was only 7,224,808 gallons; that is the year in which the $182,000,000 frauds, and its thieves harassing the people n.nd disgracing the na- of which Mr. SHERMAN speaks were lost. In 1865, 1866, 1~7, and tion. 1868, when the tax was 2 per gallon, $800,000,000 ought to have been The tobacco-grower could sell to whom he pleased, for there would realized from spirits alone, but only 104,000,000 in round numbers be no more tax on his industry. The man with his little orcharu or were paid into the Treasury, leaving 696,000,000 in round numbers vineyard could turn it to profit by distilling his fruit, which he cannot lost to the Government. I do not mean to say that all this money now do, because under a complicated system of revenue regulations was stolen by the officials. Much of it doubtless was, but the tax on he does not know when he is safe, and if he did be could not compete much of it was never collected at all, though it was the duty of the with the mammoth rings organized under the shadow of the Govern- offic~rs to collect it. The statement that the high tax amounted. ment. to a prohibition is utterly unfounded. As proof of this and of the But this is not the worst. In the same report from which I have fact that the tax was not honestly collected, the whisky sold in read the commissioners say, on page 22 of the report: the market by the gallon for less than the amount of the tax, and taking the value of money into consideration was as cheap as it is ureWeof would not exaggerate the importance of the peril, but the constant expos- official dishonesty, the vast system of political con-u{ltion, the disclosure now. It is no excuse for those whose duty it was to collect the tax of whioh has produced a peacefu 1 r evolution in the city of New York, should to say it was not collected. They could not thus evade responsibility; suggest to every good citizen the pos ibility of G similar revolution which mirrht and there are abundant facts going to show that, by combinations not be peaceful. TI by that great and organized con-option it hacl been po ibfe- and rings, bribery and corruption, the Government was grossly de- aud such a contingency is not improbable-to decide n. pre idential election, ancl in a manner universally believed to be fraudulent, the consequences would probably frauded. While the tax was $2 per ~allon, if all of it had been faith- have been a. civil war. If such corruption is not st.'lid, the result. is only po t- fully collected and accounted for, llti1,200,000,000 in round numbers poned; and nothing so surely fo ters it 11.8 the system which makes the civils rv- ought to have gone into the Treasury. Instead of that, less than tce a party prize, and convulses the country every four years with a desperate strife $300,000,000 were accounted for, leaving $900,000,000 lost to the Gov- of office. ernment. Now this was upon the single article of distilled spirits. Remember that this was in 1871. If the official frauds and cor- That is, upon this one article the Government was defrauded out of ruptions then exposed were sufficient to arouse in the minds of good 900,000,000 in six years. Now who will say that the estimate of Mr. republican gentlemen, appointed by President Grant and indorsed Curtis's commission is not under rather than over the mark f by him, apprehensions of safety to the Government because the peo- Let us look at this a little in detail. It is conceded that $182,000,- ple would not bear it, how infinitely worse is it now when in one 000 were lost to the Treasury in one year alone, 1868, on this one sub- single collection district, as at Saint Louis, millions are stolen' And ject of taxation. Just think of it! In one single year of republican I beg that our friends will remember that this comes from republicans rule there was lost or stolen from this single source of revenue ten of the "straighest sect." No southern confederate or disloyal demo- times as much as the whole expenses of the Government for the eight crat had anything to do with this report. If there was danger then years of Washington's administration, nine times as much 3.8 the as they thought there was, how infinitely worse, I repeat, is it now i whole four years of John Adams, four times as much as the whole It has been '1bundantly proved by the investigations instituted by eight years of Jefferson; $40,000,000 more than the whole eight this House that the poor soldiers on the frontiers have been robbed years of Madison, embracing the war of 1812 with Great Britain; of hundreds of thousands of dollars, charges upon their purchases by 75,000,000 more than the whole eight years of Monroe; more than post-traders who had to pay to the Secretary of War, to the brother 130,000,000 moreth::m thewbolefour years of John Q. Adams; more of the President, (see testimony of Orvill Grant, and others1 ) and than $40,000,000 more than the whole eight years of Andrew Jackson; to his friends and partisans, money to get their places, and money to $60,000,000 more than the whole four years of Van Buren. And some aid in ca1'1'!Jing elections. Of this the proof is conclusive. of us are old enough to remember how the economical spirit of the The freedmen have been robbed of hundreds of thousands of dollars country was aroused by the extravagance of Martin Van Buren, and by corrupt men who, many of them professing to be pious, have called how in 1840 he was overwhelmed by the people because of what was themselves their friends :md guardians. Of the sum deposited in the then thought to be extravagance, but in comparison with these times Freedman's Savings Bank in this city by over seventy thou antl ue- would be considered stingy economy for in one single year of repub- positors, poor freedmen, the sum of about $1,500,000, saved from their lican rule we have seen that $60,000,000 more was lost to the Govern- bard earnings, has been lost. The poor washerwoman, whose hautls ment on spi rits alone than the whole four years of his administration were shriveled by labor at the wash-tub; the day-laborer who re- cost. In this one year $75,0GO,OOO more was lost or stolen than the ceived his :fifty cents or seventy-five cents for his da.y's hard toil- cost of the whole four years of John Tyler's ad.ministration; 16,000,- these put their small earnings in the bank, confidingly expecting H 000 more than the whole fom· years of Polk, embracing the period of to come back to them with gain in the hour of want, as was promised the Mexican war; 16,000,000 more than the four years of Taylor and to them; but, for shame be it said of men-men, most of them, with Fillmore; and more was lost on whisky alone in 1866, '67, '68 than the white skins-the most of this was lost, stolen; and, still deeper the whole cost of the Government under the combined eight years of shame, while the poor freedman wants bread and lives in rags, the Pierce and Buchanan thieves live in lu:'\:ury and roll through your str~et~ :in svlend.or~ and 1876. CONGRESSIONAL RECORD-HOUSE. 3213 think it fall compensation to the poor negro to have it known that Eighth. For inviting and procuring the State treasurer to disre- $300,000 of it, aa the evidence will show, was lost to aid in carrying gard the injunction to restrain him from paying the sum of $80,000 or the elections in favor of the "party of advanced moral ideas;" for more out of the public treasury for the unlawful purpose of paying the proof is, as I am reliably informed, that the election in North said troops. Carolina in 1872 and the election of President Grant cost the bank This is a brief abstract of the crimes of which he was charged·and that sum. And these are the special friends of the colored man. found guilty; the fa.cts were clearly proved, and be is mistaken Whatever else may be said of us, I make the assertion, and I defy when he says it was done by democrats, if he means, as the gentle- contradiction, that the African bas attained to a higher degree of civ- man from Maine underst.ands him, to say it was a party vote of con- ilization among the white people of the South than has been known viction. And without conceiling that it is necessary to vindicate the to his race anywhere else on t,he globe. No one of the colored races honor of the democratic senators who upon their oaths voted to in any other part of the world bas been elevated to the high privi- convict upon clear proof, I will give a statement of the vote. The leges or deemed capable of the exalted duties of a free citizen of a constitution requires two-thirds to convict. On the sixth charge great republic. We have brought him from a state oi barbarism to there were only eight senators who voted "not guilty;" forty-one be considered, at least by our republican friends, as their equals; but voted "guilty;" five republican senators voted "guilty." Every re- if there is on the part of the white people of the South pride of race publican lawyer in the senate voted to convict except one, and the and of Caucasian descent it is not unnatural, and what is natural can- exception was the son-in-law of the accused. Of the eight senators not be very wrong. Looking back on the past, we have seen all great who voted "not guilty," one was the son-in-law of the accused; four achievements in arts, sciences, governments, laws, and material wealth were colored members, with no knowledge of law; and the other three the result of the labor, the toil, the genius, and the guiding intellect were party politicians, one of whom was deputy United States as- of the white man. With the blood of his race bas been along career sessor, who was indicted in the Federal court for the crime of forgery, f progress, and it has been only by his courage and proud spirit that plead guilty, was sentenced to prison by a Federal judge, and was free governments have been established, and while I have pity for afterward pardoned. I will say to the gentleman from Maine that the white man who would bate a black man simply because he is these were the crimes, and this the manner of the conviction, of one black, I have scorn for the white man who is not proud of his race. who subscribes himself" your friend." As I have said, of the five The pride of the Saxon is a hostage to honor, and while this lasts republican lawyers in the senate all except one, the son-in-law, truth, justice, and civil liberty are safe, and whether they be white voted guilty, and I venture to say that there is not a respectable or black, the rights of all, as established by constitutions and laws, lawyer in or out of the State of North Carolina who, with a knowl- are secure. edge of all the facts and the law, would say that an intelligent and NORTH CAROLINA. impartial jury could have found any other verdict, or who would say And now I wish to say a few things in vindication of my own State that the acts provE'J}. were not in plain and open violation of the against a charge preferred by the gentleman from Maine, [Mr. BLAINE.] constitution and the laws. That gentlE1JDan, some time ago, when the question of amnesty was The State judiciary had been exhausted by him. And just here I wish before this House, was pleased to read, with evident gratification and to say, as an act of justice, that it was to an upright Federal judge with his then triumphant air, (I am glad to observe that he appears (Judge Brooks) that the people were indebted for a vindication of the more subdued and of milder mood since,) a letter from his friend majesty of the law and the discharge of the men so unlawfully held W. W. Holden, once governor of North Carolina, which reflected un- by the usurpations of the governor. justly and untruly not only upon the democratic party of that State, Upon conviction, the disability of which he complains followed as but upon the whole State, inasmuch as the act of which he complained. a constitutional result; the constitution of 1868, put upon the people was attributed, not to a sense of justice in the tribunal before which by him and his party against the votes of the democratic party, hav- he was tried and convicted, but to partisan persecution. That letter ing fixed the penalty. He is equally mistaken in saying that there has gone to the country with the indorsement of the gentleman from was a refusal by a strict party vote to remove his disabilities. Every Maine, who would not permit a moment's time to gentlemen on this lawyer knows that the Legislature had no power to remove his disa- :floor who desired at once to repel a grave charge against their State. bilities, and it wM doubted whether the convention, having been a It has gone to the country in a speech of bitterness and hate, which restricted one, had the power to do so ; but as it was, the removal of some supposed was intended for the amiable purpose of making a his disability was defeated, if I am not greatly mistaken, by a repub- President from the State of Maine, but which, failing in that, can only lican vote. He is equally mistaken in saying that he is the only man serve the bad purpose of keeping alive in the minds of those who in North Carolina who cannot hold office. He stands not alone. By follow him feelings toward one section of this country which every the same constitution which disqualifies him from holding office, there friend of good government, every friend of peace, every patriot onght are several thousand persons, mostly of his own political faith, con- to wish to see buried forever. That gentleman, with an inexcusable victed of various crimes, ruost of them before republican judges, who ignorance of the facts, (inexcusable because he would not allow an labor under the same disability imposed by a constitution which they answer in the way of correction to a question tauntingly propounded themselves made. He says "I am the only man in North Carolina by himself,) said that it was " purely a political impeachment ; not who cannot hold office," and write& that while holding one of the fat- prosecution, but persecution ; persecution of a man for opinion's sake, test offices in the State--that of postmaster at Raleigh. * * * a Union man of North Carolina." But the gentleman from Maine says he was a "Union man." Yes, like I now have the opportunity, and I avail myself of it, to say to the Longstreet and other Union men of the South, he has put on the livery gentleman from Maine that every su\stantial statement contained in of the republican party as a badge of fealty, and that is enough for the letter of his friend is untrue, and I propose, without any feeling the gentleman from Maine, and I shall not trouble myself to enlighten of bitterness, but with a feeling of pain and regret that such a letter his ignorance, though he may be laughed at in North Carolina, and should have been written, and in.discharge of what I conceive to be I doubt not that even the ex-governor himself, wheri he looks at the a sacred duty to the good, true, and honest people of the State which sacred gold pen with which he signed the ordinance of secession-a I in part represent, to make a brief and plain statement of the lead- pen never to be desecrated by other use-and remembers the pleasant ing facts relating to the crimes, the impeachment, the trial, and the (cruel) things which he said about the Union and Union men, will conviction of the author of that letter. chuckle audibly and, hugging his official robes close about him, feel His crimes, as set forth in eight articles of impeachment, were more secure against the competition of "the late insurgent leaders" briefly as follows : . one of his associates. First. Raising unlawfully armed bodies of troops, and cauSelessly Governor Holden professes to be a Christian, and remembering the declaring the county of Alamance in a state of insurrection, and un- prayer taught by our blessed Saviour," forgive us our trespasses as lawfully arresting Lucian H.Murrayand eighty-one other citizens of we forgive those who trespass against us," he might at least have that county and detaining them, when the civil officers of the law were been silent and not asked the condemnation of his " fellow trespass- in the full exercise of their functions. ers," among whom he may be said to have been one of the chiefs j_ but Second. The same in Caawell County as to Mr. Kerr and many he has volunteered as a witness to furnish to the enemies of my :state others. fuel for the fires of hate, and I have deemed it just and due to t.he Third. Un1awfully arresting and imprisoning Josiah Turner in the people of that State, who have been traduced and maligned for party county of Orange. purposes, to say thus much. I shall ever stand ready to·vindicate to Fourth. Unlawfully arresting and detaining John Kerr and others the utmost of my ability the fair fame and honor of my native State, in the county of Caswell. for she is to me the dearest spot on earth. I know that she has been Fifth. Refusing to obey the writ of habeas corpus in the case of A. under a cloud. I know that since the war under the guise of loyalty G. Moore. her people have been robbed of their property and, what is much Sixth. Refusing to obey the writ of habeas corpus in the case of dearer to them, once boasting the proud title of the "honest old John Kerr and eighteen others in Caswell County. North State," she has been robbed of her honor. I know that after Seventh. Unlawfully recruiting a large body of troops from the war had done its work, and her body lay helpless, vultures preyed States of North Carolina and Tennessee, and placing them under the upon her; and it is not the least distressing thought that she bad command of one .1\irk and otller desperadoes from the State of Ten- within her. own borders men, political serfs, ready to attorn to any nessee, and with those troops unlawfully arresting and imprisoning party that would give them office, and that these men combined with John Kerr and many others; for hanging by the neck Lucian Mur- adventurers without character, and who cared nothing for her honor, ray, William Patton, and others; for thrusting Josiah Turner and to fasten upon her a debt which she is not now able to pay and which F. A. Wiley in a loathsome dungeon without lawful authority; for she cannot pay without ruin to her people, a debt for which she never issuing his warrant upon D. A. Jenkins, treasurer of the State, for derived an equivalent of five cents on the dollar. Let me illustrate $70,000 to pay those unlawful troops. by a. statement which I hope will disarru the malice of her enemies. 3214 CONGRESSIONAL RECORD-HOUSE. MAY 19, By the convention of 1868, and the legislation of that year, a debt government ; such men would tyrants be, and, failing that, slaves. I now amounting to more tba,n $15,000,000 was fastened upon the State. am glad to believe that such are not the men of the North. Excep- The two delegates to that convention, and the two members, and the tions there are, but I am glad to know that thousands on thousands senator in that Legislature from my county, and all the men who of her people hail us as brethren again in the Union and as worthy voted for them combined, did not at that time pay as much property the name of brethren. I am glad to know that the soldiers who fought tax as any one of half a dozen men in the county who were not al- the battles of the Union desire to see the fruits of their victories e- lowed to vote under the reconstruction acts. cured by the preservation of a peaceful, harmonious, and happy Union The district which I now have the honor to represent, and which I of States. I am glad to know that Hancock-brave and gallant sol- am proud to represent, was represented on this floor by a man whose dier, wise and accomplished civilian, a hero in the field, a statesman highest merit was that he did not pretend to be honest, and who in counsel-that McClellan and McClernand, that soldiers of the Union openly said t.hat he "was down South on the make," and that he did army, my gallant frien<;ls on this floor, and the thousands whom they not blame the democrats for disliking carpet-baggers. This man was represent, that the soldier-statesman from Massachusetts and the gen- guilty of the crime of bribery, and when charged with it on this floor, erous Representative from Pennsylvania on the other side of this to ljvade the inevitable expulsion, he resigned, as others have since House-l am glad to know that men like these represent the feeling done, :md has not that I am aware of since been seen in the district of the people, and that the doctrine of hate, like the questions which which he disgraced. In resigning, however, he had the cool candor divided us, must be of the paati. to say, "As soon as I was aware that I had done wTOng, [he had only Let me say to our friends at the North that they have the same in- taken $1,000 for a cadetship,] I endeavored to make a return as far terest in the liberties of the South that we have: they have the same as I could. I returned the money immediately, and. I have tendered interest iu good government that we have. You cannot make an my resignntion to the govemor of my State, believing that it is Ireland or a. Hungary or a Poland of the South without endangering t.h e duty of a member of Congress to make vacant the place he has your own liberties. The States of the South must be free, living, disgraced." But it was all made right when he said," I have given breathing, sound, and healthy members of this Union. You cannot af~ , 12,000 to control the presidential election in my State." (Congres- ford to have a de~ body fastened to the living. It was a.n ancient sional Globe, volume 76, page 1617.) custom of certain tyrants to punish oflenders by binding the body of Any one who wishes to see a curious production can find it in his a dead man to the living criminal and compelling him to carry it letter, puulished in the congressional proceedings of. the Forty-first about till the contagion from the putrid mass took away life. Virgil Congress on page 1617 of the seventy-sixth volume of the Congres- gives an account of one of these tyrants, Mezentius, and describes sional Globe. the awful punishment. Bnt it is said that the South is represented on this floor by confed- These, limb ro limb and face to face, he joined, erates, and whenever we raise our voices in behalf of good and bon- * * * * est government, and exposOl'e of fraud and corruption, the force of Till choked with stench the lingering wretches lay, And in the loathed embraces died away. what we say is sought to be broken by the cry of rebellion and dis- loyalty. Now let me say one thing about that. The war, as every And it was in allusion to this horrid custom that St. Paul uttered candid man will concede, resulted from along-protracted and often the exclamation, "0, wretched man that I am! who shall deliver bitter difference of opinion upon certain political questions. These me from the body of this death f" You cannot afford to have such differences became sectional, and culminated in an attempt bY. one of a dead body joined to you, and have liberty survive it; and I appeal the sectiona to withdraw from the Union, and a resolve on the part to every man who loves civil liberty and good government and who of the other that the Union should not be severed. The issue was desires to see the Union again strong in the affections of all the peo- submitted to the arbitrament of the sword, and brave men fought it ple, to work for reform, to work to restore to the people a govemment in out. The result is known to the world; every question involved in which economy, hone~::~ty, capacity, and fidelity shall chara-cterize every that contest was honestly surrendered, and the soldiers of the South, department, and harmony, good-will, and brotherly love shall prevail with a quiet and submission to authority that was remarkable, sought in every section. I think I know the feeling and sentiment of the their homes and the sweet pursuits of peace. "Peace hath her vic- people of the South; and for them I will pledge that none will go be- tories no less renowned than war;'' and they have uent all their en- fore them in earnest prayers and zealous works to attain this happy ergies to the tasks of peace. I can say this of a truth as to the sol- end. diers of the South, and I believe it to be true of the great body of Mr. KELLEY. Mr. Chairman- urave soldiers of the North. Mr. BLOUNT. I now move the committee rise, for the purpose of The Union was to be preserved, and to be preserred for the sake, taking a recess until half past seven o'clock, and also for the purpose not simply of the Union, but of civil liberty and good government. of ordering that all general debate upon this bill be closed after to-day. The soldier who was roused to deeds of daring and courage by the Mr. KELLEY. The gentleman proposes to admit general debate cry of the Conatitution and the Union, and by the rally of the old this evening. flag, believed that civil liberty waa to be preserved by that Union Mr. BLOUNT. . Yes, sir. and under that Constitution. The soldier of the South, when he took Mr. KELLEY. I make the inquiry because I desire to reply to some- with him the same Constitution, was equally conscientious when he thing that has been said here to-day. offered his life in the conviction that he, too, was fighting for civil Mr. BANKS. Is it proposed to confine the debate this evening to· liberty; both were alike devoted to the same idol, civil liberty-the thisbillf one fighting to maintain it in the Union, believing that in this way Mr. BLOUNT. Yes, sir. alone it could be preserved ; the other to maintain it in a new con- Mr. BANKS. The session last evening was occupied upon other federacy, bot both claiming to be freemen and the right to be free- matters altogether. men. The Union was victorious, and from that day it was settled Mr. KELLEY. It is the intention, I understand, that debate shall that civil liberty and good government must be preserved in the continue this evenl.ng upon this bill, and that no other business shall Union, and not out of it. The right peaceably to secede and the sec- be tranaacted. tional institution which was the alleged cause of secession were sur- The motion of Mr. BLOUNT that the committee rise was agreed to. rendered by us, surrendered in good faith by brave and true men, and The committee accordingly rose; and the Speaker pro tempore hav- we were again in the Union. But our right to be freemen was not in- ing resumed the Chair, Mr. CLYMER reported that the Committee of volved in the issue. We never sm·rendered our manhood; we never the Wh9le on the state of the Union, having had under consideration surrendered our right to free government as we inherited it from our the Union generally, and particularly the bill (H. R. No. 3375) mak- fathers ; we never surrendered the proud and glorious memories of ing appropriationa for the naval service for the year ending J one 30, the past; we never consented to be slaves or cravens. We must be 1877, and for other purposes, had come to no resolution thereon. in this Union of States as equals or the Union is so in name and not STEPHEN POWERS. in deed. The South must be represented by men of her choice or this On motion of Mr. BANNING, by unanimous consent, the Committee is a republican government in name and not in deed. And as long a.s the South is represented on this floor by men of her choice, she will on Military Affairs was discharged from the further consideration of be represented by men of honor, and men of honor would not have her the bill (H. R. No. 3332) for the relief of Stephen Powers; and the represented otherwise. same was referred to the Committee on the Judiciary. Since the days of 1865 we have not always been thus represented MESSAGE FROM THE PRESIDENT. here, but we have had an n.biding faith that devotion to constitu- A message in writin(J' from the President of the United States was· tionnl government would prevail, and that when the stormy pa~ions communicated to the House by U. S. GRANT, jr., one of his secretaries, begotten of war had subsided the bright goddess of civil liberty would who also announced that the President had appl'oved and signed a bill resume her throne in American hearts and that loyalty to party of the following title: would give place to devotion at her shrine. Sir, the man who would An act (H. R. No. 3368) appropriating $9,000 to pay the expenses of have us back in the Union as slaves and not as freemen; the man the select committee to investigate the Federal offices in Louisiana. who would have us here as disgraced criminals and not as brethren The message also announced that a bill of the following title, hav- with whom, the unhappy but manly strife having ended, they were ing been received by the President on t1re 4th instant, and not having to live as urethren again; brethren in unity of aim and purpose; been returned by him to the House in which it originated within the brethren aga.in in affection to a common country, just to all her sons; ten days prescribed by the Constitution, had become a law without brethren again in the proud memories of the past and in the bright his signature: hopes of the futOl'e-the men who would not have us thus back, who An a~t (H. R. No. 1595) for the relief of John T. Burchell, of Knox- would have the States of the South in the Union as conquered pTOv- ville, Tennessee, for servicesrenderedtheGovernment in a small-pox inces and not as free St-ates-such men know not the spirit of free hospital · 1876. J CONGRESSIONAL RECORD-ROUSE. 3215 ENROLLED BILLS SIGNED. and that the great reservoir of machinery for the construction of Mr. HARRIS, of Georgia, from the Committee on' Enrolled Bills, vessels and armament under the exigencies of war ought to be located reported that the committee had examined and found truly enrolled in an exposed sea-port. Sir, ha.d he known anything of the subject bills of the following titles; when the Speaker signed the same: his imagination would have been restrained and he would have simply An act (H. R. No. 1218) making appropriations for the payment of given us details, practical illustrations, opinions of distinguished line claims reported to Congress under section 2 of the act approved June officers or naval engineers, and told us nothing but what we knew 16, 1874, by the Secretary of the Treasury ; or might learn by the ijtudy of competent authorities. But we should An act (H. R. No. 1618) to remove the political disabilities of Will- have had no new range given to our imaginations. Unlike him, I iam L. Maury, of New York; and · shall deal with facts, and give the committee a history of the estab- An act (H. R. No. 2018) to authorize the Exchange National Bank lishment of a naval station at League Island. of Pittsburgh, Pennsylvania, to improve certain real estate. In this matter I can define my position best in the language of the gentle Desdemona- CLAIMS UPON VENEZUE.LA. . ! do perceive here a divided duty. The SPEAKER pro tempore laid before the House the following mes- sage from the President of the United States; which, with the accom- I have been identified with the- history of the project from the time panying papers, was referred to the Committee on Foreign Affairs: Gideon Wells, the then Secretary of the Navy, made known confiden- 'l:o the H()USe of Representatives: tially to Alexander Henry, the then mayor of Philadelphia, that a com- In answer to a resolution of the House of Representatives of the 5th instant, re- mission of distinguished naval officers had been appointed by him to questing information as to pa:pnents by the government of Venezuela on account secretly survey the coast and determine privately and report the best of claims of citizens of the Umted States under the convention of the 25th of April, site on the Atlantic coast for a fresh-water naval station, where land 1866, I transmit a report from the Secretary of State, to whom the resolution was enough could behadin proximity to amplesuppliesofcoalandironand referred. skilled workers in metals to establish the works for the construction U.S. GRANT. WASHINGTON, May 16, 1876. of heavy material for large iron-clad or iron vessels and for the man- CHARLES METCALF. ufacture of heavy armor and implements of war and the machinery for handling such implements; and that the board had reported to The SPEAKER pro tempore, by unanimous consent, laid before the him that in League Island they found a sight incomparable not only House a letter from the Secretary of War, trans:nitting a report from in the United States but in the whole world in combining all these the Commissary-General of Subsistence on the bill (H. R. No. 3283) conditions. Just at that time I was made acquainted confidentially for the relief of Charles .Metcalf, late lieutenant United States Navy; by the Navy Department with the operation. which was referred to the Committee on Military Affairs. The mayor of Philadelphia in that communication was requested PRllirTING IN ADJUTANT-GENERAL'S OFFICE. to ascertain in whom the title of the land was vested, whether it The SPEAKER JYI'O tempm·e also laid before the House a letter from could be purchased, and, if so, upon what terms. He entered heart- the Secretary of War, transmitting a communication from the Adju- ily into the honorable work confided to him, ascertained the price at tant-General on the breaking up of the printing office attached to his which it could he had, and reported the facts to the Navy Depart- office, as contemplated in the sundry civil appropriation bill; which ment. At the suggestion of the ablest man I have met in connection was referred to the Committee on Appropriations. with the American Navy, G. V. Fox, then Assistant Secretary, .the Secretaty suggested that if possible the title to the island and back LEAVE OF ABSENCE. channel should be acquired contingently upon Congress making ap- By unanimous consent, leave of absence was granted as follows: propriation for its purchase. Mayor Henry, believing that if it be- To Mr. CASON, for twelve days from the 19th instant, on account of c3Jlle known that the Government wanted the property speculators important business; . would intervene and the cost would be greatly increased, induced To Mr. EGBERT, for one day, on account of business; the city of Philadelphia to purchase it and hold it for the Govern- 1'o Mr. VANCE, of Ohio, for seven days; ment. It did purchase it at a cost of nearly half a million dollars, To Mr. HUBBELL, for four days, on account of important business; and it not only held it for the benefit of the Government, but it con- To Mr. DouGLAS, for one week from the 23d instant ; and. veyed it without consideration to the Government absolutely on con- To Mr. SlUTH, of Pennsylvania, for one week from to-morrow, on dition that it should be held as a naval station, and that the small account of important business. yard containing about twenty acres, then obstructing the commercial pro~ress of the city, should be removed. · ORDER OF BUSINESS. Su, I have said I do perceive here a. divided duty. I feel to-night Mr. BLOUNT. I move that all general debate on the naval appro- that, as a Phila.delphhn, I would be ready, if it were possihle, to priation bill close with the adjournment to-day. overwhelm Congress with my thanks if it would reconvey to Phila- Mr. DUNNELL. Then it is proposed to ta.ke up the bill for con- delphia these two and a quarter miles of its best river front, &hutting sideration by sections to-morrow! its main avenue, Broad street, from access to tide-water; and during Mr. BLOUNT. Yes, sir. the whole of more than fourteen years I have been involved in con- The motion was agreed to. test on this subject I have never hesitated to say to my fellow-citi- Mr. BLOUNT. I now move that the Honse take a recess till half zens that posterity would curse us for the wrong we did to Philadel- past seven o'clock this evening, for the purpose of general debate on phia in the granting of this six hundred acres of land, embracing the naval appropriation hill. • · more than two and a quarter miles of the most valued river front of the The motion was agreed to; and accordingly (at four o'clock and city. On the other hand, as an American citizen, I cannot be too forty-five minutes p.m.) the House took a recess till half past seven grateful to my fellow-citizens for their generous devotion to the Gov- o'clock p. m. ernment in securing to it a naval station uneq naled in site in the world, and one which naval officers from England, France, and Rus- EVEmNG SESSION. sia have assured me, both at the Navy Department and when on The recess having expired, the Honse re-assembled at seven o'clock League Island, is unequaled in its combined points of adaptation to and thirty minutes p. m. the wants of the navies of the future anywhere in the world. As a Philadelphian I would rejoice at its retrocession, but as an American NAVAL APPROPRIATION. BILL. I would deplore the fatuity that prompted the act. Mr. BLOUNT. I move that the rules be suspended and the House The imaginative and inexperienced gentleman from New York [Mr. resolve itself into Committee of t e Whole to resume the considera- WILLIS] said that such an establishment ought to be at Brooklyn tion of the naval appropriation bill. where it would be near the sea. The foreign officers, as well as our The motion was agreed to. own, say that among its chiefest values are the facts that, while it The House accordingly resolved itself into Committee of the ·whole has easy access to the sea and is protected abundantly by forts al- on the state of the Union, (Mr. CLYMER in the chair,) and resumed ready existing at different points along the river by which it is · the consideration of the bill (H. R. No. 3375) making appropriations approached, it is absolutely secure from attack; that the Government for the naval service for the year ending June 30, 1877, and for other may gather stores for a war of half a century and keep them there purposes. without drain upon its general military or naval resources for their Mr. KELLEY. Mr. Chairman, I regret that my :D:iend the gentle- protection. man from New York [Mr. WILLIS] is not in his seat, that I might Why, sir, the Swamp Angel that hurled its ponderous shells into testify to him personally my sense of the great advantage the conn- Charleston would destroy such an establishment from the open sea, try may derive from confiding important duties to gentlemen who if it were in Brooklyn. One of the great points in favor of League are utterly ignorant of the subject-matter upon which legislation is Island is its security; another is the fresh water that surrounds it. proposed. I am quite sure that if he had known anyt;tting of the Salt water is the natural enemy of iron. Sea-water will eat up the navy-yards of the country or of the history of the growth and de- heaviest iron plate; and nature, as if to protect it while exposed to foul velopment of our naval establishment or the revolutions that have sea--water, attracts to the surface of iron exposed to its action all sorts taken place in naval architecture and armament during the last of parasites; so that, on the arrival home of a British iron-clad, the fifteen years, the world would never have received the novel sugges- Ben Ledi, from a cruise, ten tons of muscles and barnacles were taken tions he offered to-day touching navy-yards, the proper sites for from her surface by mechanical processes, many of them having them, &c. I can certify to ~ beir novelty but not to their value, and fastened so ti~Mly and being of such solid and vitrified substance I think he may become famous in naval history as the man who be- that in breaking them away great portions of the iron came with lieved at this late day that hon ships ought to be built on salt water them. 3216 CONGRESSIONAL RECORD-HOUSE. MAY 19, These operations of nature threatened to preclude the possibility the board expressed extreme regret. The result was that the engineer of the successful establishment of iron navies. But nature provides whose interests were centered in one of the other places named instead an antidote for every bane, and it was discovered that fresh water of boring League Island proper, which is parl of the main land and was the antidote to these. Had the Ben Ledi had a naval station in is water-bearing, bored only in the mass of alluvial accretions around water fi·esh as that at League Island to resort to, in three days her the island. Having thus chosen a false :field for his tests, he could surface would have been as clean as when she waa launched. And, give a faithful statement of the results of his boring and yet deceive although the yard at Portsmouth, England, had cost over £60,000,- the board. Having given him ab olute control of all engineering 000-something over $300,000,000-it was found useless when En- questions before the board, it could do nothing else than report again t gland began to create an iron navy, and she had to abandon it, ex- it. cept for repair and a station for wooden shipR. To keep the iron Mr. Welles and his able .Assistant Secretary, to whom I have alluded, vessels there was to destroy them or reduce their speed. To invite who had had the matter privately examined, rejected the report of nature to so protect them against the effect of the poison of the sea the board, appointed a new one, and directed that th6 borings shou1cl as to reduce their speed from 20 to 30 per cent., as was oft.en the case be made faithfully over the island, and the results in detail will be before the end of a year's cruise, was not a safe reliance. What did found appended to my report; showing that for nearly three hundred England do in this emergency T Why, with her three-hundred-mill- acres the land is solid and, as I have said, water-bearing; the wells ion-dollar yard at Portsmouth, hergovernmentwent to the headwaters upon it yielding water at the same depth as they do now in the heart of the Medway. They bought a site. They constructed immense fresh- of the great city of which it is a part; that it presented over two water basins. They made an artificial channel to them, and there, h1mdred and :fifty acres of land on which the heaviest machinery having expended another 100,000,000, and having added to the ninety- could be operated, and offered foundations 'f or the heaviest wo.rks or :fi ve acres of their yard a tract of land very kindred to League Island, buildings that could be constructed; and the report contains engraveu but embracing about two hundred and eighty-four acres, they went illustrations of the heaviest trip-hammers then known to be in use, on increasing their fresh-water basins so as to have the cure at hand and shows that they could be operated without artificial support upon for the effect of the waters of Portsmouth and Brooklyn waters upon such lands ; and the officers to whom the matter was then confided iron-clads and iron ships. reported in favor of its acceptance, agreeing with the former board This is not imagination. I have not been studying this question that the water of both Narraganset Bay aud Winthrop Point was anew. I aln but repeating to the committee facts that I brought to salt, and therefore unfit for an iron naval station. But that in Phila- the attention of the Thirty-eighth Congress in the winter of 1863 delphia on League Island there was ample land, there was ample and 1864 in an elaborate report on this subject from the Naval Com- wharf-front, and withal there was offing to float onr entire Navy. mittee. And I propose to detain the committee with an occaaional There was also a natural back channel requiring but little dredging extract, not from my .own statements, but from valuable financial and the placing of draw-doors at ~ither end, one on the Schuylkill papers I then reported. and the other on the Delaware, to make a basin larger and more com- The President had made reiterated recommendations for the estab- modious than that of Cherbourg that had then recently cost imperial lishment of a naval station and dock-yard forthe purposes of an iron France over 50,000,000 for the basin and shelter-walls alone. navy. The Secretary of the Navy, Gideon Welles, on the 9th of June, Such is League Island. That part of it is below the water-surface, 1862, made a communication to the Naval Committee, in which, refer- and protected by embankment, I admit; and I claim it as a very ring to the President's message, he said : great advantage in view of the extent of the island. More surface It is now generally conceded that vessels for fighting pm·poses must be heavily has already been prepared for use than the old navy-yard contained. plated with ll'On if they are not built entirely of that material. In this, as in most The old yard baa been sold for a million dollars. That money is now costly fabrics, economy is reached through durability. Iron ship-building is new in the Treasury, and covers quite or nearly all the money the Govern- in this country; but few persons are engaged in it, and it is a. novelty in our yards. Heavy iron beams, shafting, and thick iron J?la.tes can be procured from only two ment has expended in the preparation of that part of the surface of the or three parties, and then in limited quantities and subject to great delay. Indi- island, in erecting wharfs, store-houses, workshops, and in re-erecting viduals have little use for iron of such magnitude as the Navy must have, and there a large ship-house, the materials of which were removed from the must unavoidably be grea.toutlay to prepare for the execution of such work. With old yard within a few months. only the Navy for a purchaser.there can be no competition, and _the Gove!llment will be compelled, under such crrcumstance , to pay almost anypnce the mills and The difficulty in the neighborhood of our ~eat iron and steel works forges may demand. No inconsiderable portions of an iron shiP. can be made and in Pennsylvania is to know what to do w1th the waste and refuse procured at the ordinary mills ; and so far as it can be done It may be the best matter. .As you travel through our State you see acres and tens and policy to be so supplied; but as the heavy and expensive portions cannot be so scores of acres in the vicinity of our great works covered 'vith sla~ procured and unless the Government is prepared to execute the work it will be subject to imposition and its vessels to marked inferiority. and cinders; and if private parties were to o.1l'er to :fill League Island Other nations, whose wooden ships-of-war far exceed our own in number, cannot t.o the water-line, it would be a matter of great extravagance on the a.ftbrd to la.y them aside, but are compelled to plate them with iron at a very great part of the Government to accept the offer, for with every increasing co~:~t. They are not unaware of the disadvanmo-e of this proceeding, but it is a present necessity. It must be borne in mind, ilowever, that those governments workshop a demand will arise for a place of deposit for its cinders, which are striving for naval supremacy are sparing no expense to strengthen them- slaa, and other refuse matter. selves by buildino- iron vessels; and already their dock-yards are undergoing the By examining the report of the engineers who made the last bor- necessary prepara\ons for this change in naval architooture, notwithstanding those ings at the island, you will find that the surface even of the accre- governments nave at their comma.nil the greatest experience and the most exten· tions is of a tough clay, easily cut when wet and very hard when dry. sive and complete iron and machine factories that private enterprise can produce. These facts are suggestive to our Government ; and I desire to call your attention Mingle that with the earth that must be removed for the foundations to the necessity of making the necessary provision for ourselves by providing the of buildings and in the preparation of the docks and yards, and you means and conveniences for building and repairing a navy such as the strength will have a cement for the sl:tg, cinders, and refuse materials from and character of our Government and country require, in order to maintain its true po ition among maritime powers. the shops and buildings that will make, so brief experience has shown, pathways for the heavy wains for carrying materials and armament Mr. \Velles proceeded to explain that great works could not be sud- quite equal to the best Macadamized roads known to the people of denly called into existence; that they must be in the neighborhood Pennsylvania. of a bountiful supply of fuel, of iron, and steel, and large numbers of If we are to abandon iron-ship building, if we are to say that the skilled workmen. In his annual report of December, 186~, he renewed timber lands of Maine alone shall supply the material for our futme his suggestions, saying : · navies, then let us keep Kittery as our chief reliance; because that In March last and again in June I invited the attention of the Naval Committee yard lies as near to the timber lands of Maine as League Island does of Congress to the importance of taking prompt preliminary measures for estab- to the coal and iron :fields of Pennsylvania, the for~es, the furnaces, lishing a navy-yard, including founderies, shops, and docks adapted to the growing wants of the service and the country. It was not that we needed an additiona.J. navy- the machine-shops, and the millions of skilled workers in coa1, irou, yard, but that we required one of a different character in many respects from any and other metals that :find their metropolis at Philadelphia. that we possess. In view of the importance of possessing somewhere in this conn- If, however, with those of other nations our Navy is to carry heavy try a navy and dock yard for the purposes of an iron navy, the suggestion of the guns and to resist the heaviest of those of other nations we must have Department received the favomble consideration of Congress. The city of Phila- delphia., the commercial center of the iron and coal region, became interested in the a fresh-water yard; we must have an antidote to the poison of the question and was induced to make a free offer of League Island, a body of land of sea; we must, when war shall again kindle its flame either on our own about six hundred acres near the con.fl.uence of the Delaware and Schuylkill Rivers, land or on the oceans that surround us, have the means of bringing into to the United States for naval purposes. In consequence of this liberal offer, Uon- exiAtence in the briefest possible time a great iron navy and all its ap- gress authorized the Secretary of the Navy to receive and accept League Island, provided, however, that it should not. be accepted until the title shall be perfect to pointments. low-water mMk, nor if, upon a more thorough examination and survey of the prem- I concur with the Committee on Naval Affairs in its desire to main- ises by a competent board of officers to be appointed by the Secretary of the Navy, tain aa small a navy in time of pea{leas is consistent with the dignity he shall discover that the public interest will not be promoted by acquiring the title of our country, to stimulate in such times the commerce of the coun- a.s aforesaid. That the board to be appointed shall, before proceeding to any de- cision of the questions referred to them, make a survey and examination of the har- try so that when the day of war shall come they who leap from the bor of New London, in Connecticut, and it-s surroundings, with reference to its fit- deck of the merchantman to the deck of the vessel of war may go ness for a naval depot and navy-yard, and that they also make the same investiga- forth to make our country as she ever bas been on the ocean, the victor tion in regard to the waters of Narraganset Bay. in the war in which the flag shall be borne. Such being om policy, In pursuance of that resolution a board was appointed from whose the necessity of keeping great workshops is apparent, not of keeping report the philosophic but inexperienced gentleman from New .York them employed; not of maintaining armies of workmen, but .of hav- read this morning. The :first resolution of that board when it met for ing ever ready the cunning machinery which gives force, speed, and action waa that in all questions of engineering or which were solvable energy to the will and skill of man in constructing matters pertain- by engineering the report of the engineer should bind the board, and ing to naval warfare. the result was the unfortunate and unfounded report made by Ad- At League Island we have what reduces Chatham in comparison miral Stringham, for which, subsequently, I think, every member of almost in the same degree that in yonder exhibition, which but a 1876. CONGRESSIONAL RECORD-HOUSE. 3217 little while ago was spoken of in Congress as a Philadelphia job-in ico; on the west by Mexico and Texas; and on the north by Louisi- yonder exhibition you have two models, one of the canon of the Col- ana, Alabama, .Mississippi and Florida. orado, and beside it, on the same scale, a model of Niagara. As I sur- Upon that gulf t.here is now a large commerce. If the work going veyed them the other day I heard an intelligent New York man beg on for rleepening the mouth of the Mississippi River by the South that the model of the giant waters of Niagara might be removed from Pass succeeus, as it is hoped by Mr. Eades, the projector of tha,t great such juxtaposition. It was pigmjed by the contrast. Two hundred work, it may succeed, and we get twenty-eight feet of water there and fifty feet of Niagara against five thousand feet in the walls and for the largest class of vessels, the amount of commerce passing out clashing waters of the calion. I say Chatham scanned as a naval of the great and fertile valley of the Mississippi to the open ocean !Station beside the capabilities of Leagu~ Island would show as Niag- will be almost incredible. At present it is very large. If the work ara shows compared with the canon of the Colorado in that wonder- going on at Galveston shall succeed in giving the depth of water that fnl exhibition. the United States engineers believe it will give, this commerce will Again, compare League Island with Cherbourg, built up in the be still further enlarged. There, too, is being concentrated the com- ocean, starting for its foundation near the end of the sounding-line. merce of the State of Texas, with its present population of a n:illlon And yet with toil and energy and material resources, year after year, and a half of people, and with an increase of between 200,000 and millions of the wealth of the French Empire disappeared under the 300,000 a year. With the commerce that -will go there from the Indian deep waters, until after more than half a decade there came some Territory, from Kansas, from New Mexico, from the northern states to the surface. Now the great naval works of Cherbourg, which of the republic of Mexico, a commerce will be centered at the great fourteen years ago had cost more than $.!)0,000,000, are the only rival commercial emporium of what we call the "new west" only less than France can present to the capabilities of League Island, which ( ost the that which will be poured out of the month of the Mississippi River. Government not one cent, but wbich I and my constituents and towns- Remember that on our entire cost, extending from Cape Sable up the men paid for. We have given you, in return for removing that litt·l e western coast of Florida and along the coast of Alabama, Mississippi, yard that obstructed our commerce, a million of dollars, with which Louisiana, and Texas for more than fifteen htmdred miles, we have you have paid for all the improvements_yet made at League Islanu. no other naval station or ship-yard than Pensacola. That haR a fine Permit me, Mr. Chaitman, to say agaftl, "I do perceive here a di- ~ depth of water, capable of bea1:_ing almost any, perhaps any, vessel vided duty." If Congress will retrocede that island to Philadelphia in the American Navy. It has a fine harbor and roadstead. It is a they shall have my everlasting thanks. They will save me and the fortified posit.ion, well secured against danger. It would seem that others from Philadelphia who have been my co-laborers in this mat- our national necessities would not be so far overlookeu as to destroy ter from the denunciations of posterity for having cut off the main this only ship-yard upon that extensive coast. river front of our great and beautiful and beloved city. One thing more I desire to say on this subject. In case of war with But under the inftuence of a broader feeling, under the influence a foreign naval power the vulnerable part of the United States is inspired by that flag, under the influence that has made me-let it upon the Gulf coast. subject me to what criticism it might-strive by all the means in my A war inaugurated now with Great Britain, with France, or with power to cement anew the brotherly love of the American people in Spain, unless the mouth of the Mississippi River was protected by a this centennial year, I cannot but sa.y do not retrocede League lsi- sufficient number of our best monitors, would be as easily ascended and; do not deprive yonr country and mine of ti.Je possession of the by a host.ile fleet of war ve~sels as it was hy the Federal fleet during site for the grandest depot that nature has made-for nature maue our recent intestine war. It will be remembereu that Fort Saint League Island for a depot for naval purposes-and civilized man has Philip, Fort Jackson, and other ba.tteries along the shores of the yet discovered on the face of the globe. :.Uississippi wer~ not sufficient to stay the progress of a fleet composed Mr. REAGAN. Mr. Chairman, I recognize the delicacy of under- in part at least of wooden vessels. taking to oppose in any of its parts a mea.sure recommended by"one 'l'he commerce of the Mississippi Valley deserves and needs protec- of the leae if we should be drawn into war; discuss the question as to the number of navy-yards that there ought to which we all trust mn..r not happen t For, sir, we cannot take to our- bo upon the Atlantic coast. That there ought to be one upon the selves the assurance that we shall be exempt from war. Our Gov- Gulf of .Mexico and one upon the Pacific coast will not, I think, be ernment occupies a position which makes it necessary that it should controverted. We have upon the Gulf coast no private yards in deal withall thegreatqnestions which interest the nationaltiesof the which the war vessels of the Government can be repaired; and in earth. It must take its responsibility in disposing of these great tb is age of the world we need for the purposes of war not only steam- questions. It should direct its commercial policy to more intimate re- vessels but iron-clad vessels. In case of war with a foreigp. power, lations with Mexico, the Central American and Sonth American if one of our vessels in the Gulf squadron should become crippled or states, so that, instead of manufactures from other countries supply- disabled in any way, such a vessel, without a navy-yard there forre- ing those countries, they should come from New England or the pairing and refitting, would ha.ve to be dropped out of service ot· Middle States. It seems to me there is no .reason why, under a wise, brought around Cape Sable and up the Atlantic coast to a place prudent, and proper policy, we should not control t.he vast trade of where it could be repaired, losing the time of the officers anu crew, those countries, very little of which we control at this time. In our and taking the perils of such a voyage in a crippled conilition in time intercourse with thorn, which must grow and increase, we stand liable of war. to complications. We have seen that we were liable to be drawn into In looking at our national necessities I ma.y be excused for calling diffi(mlty on account of the tTonble in the island of Cuba. We can- attention for a moment to that portion of the United States. The not tell but danger may be on us at almost any moment. It is at Gulf of .Mexico may well be termed our American Mediterranean-a least prudent in time of peace to make reasonable and needful prep- ~reat sea in itself. It is from the Atlantic coast of Florida by an air arations for war. That prepnration may avert what might otherwise line about two hundred and sixty miles westward to Pensacola. It fall upon us. is from the Atlantic shore of Florida four hundred miles by an air A great power like this, having its commercial relations with the hue westward to the Mississippi. It is from the Atlantic shore of whole civilizetl world, needs and must have a navy. It should have !<'lorida seven hundred miles to the western shores of the Gulf of Mex- one that would command for the Government that respect due to one ico. It is from Cape Sable westward to Galveston eleven hunurecl of the first powers of the earth. If we have such a navy we must miles and more across tho Gulf of Mexico. It is from the mouth of provide for building ships of war and for repairing them. I have the Mississippi River southward to the southern part of the Gulf of heard it snggeste!l in conversation that this might be done at private Moxico west of Yucat:m eight hnndreu miles and more, and from Pen- ship-yards. .AB vessels of war are now built we can hardly expect, sacola more than five hundred miles southeast to Cape Sable. I men- even in ourprogressive, go-ahead country, to fiua privn.te ship-yards tion this to show the magnitude of that inlaml ea bouqded, on the t.hat will prepare such iron, and iu such quantities, as will !Je neces- cast by Florida., by the islands of Cuba, Hayti, n.ud the other West Hary for the construction of great iron war steamers. If we are to Indin, Islands, and by the penirumlaof Yucatan; ou tbe south uy Mex- have these, t~ey must be ma.de by the Government1 flt ~e!l-St ill large IV--202 3218 CONGRESSIONAL RECORD-HOUSE. MAY 19, part. In this connection let me read an extrMt from the report of In addition to this, there are mines of coal and iron up the Alabama the Secretary of the Navy, Gideon Welles, in 1866: River now beiug developed in limitless quantities at a convenient For the construction of iron and armored vessels, it can only be repeated that dista.nce from Pensacola. The means of transport.ation for the coa.l althonj:rh our country has the material in great abun4ance, and possessesmany_ad- and iron which go down t.he t.fississippi River to Pensacola are vantages in that regard, we p.re almost wholly unprepared. In future m:mtlmo such that they may be carried there with great ease and facility awl wars the contests between tho great naval powers for Bnpremacy on the ocean will cheapness; so that they have all the materials necessary for the re- be determined chiefly by iron-cla.d or armored ships. Our turreted vessels or moni- pair or CO!.'Struction and supply of ships. I see, therefore, no reason tor1:1 will be powerful and efieotivc for harbor aml coa,st defense, but in conflict with any European power our countrymen will hardly be content with mere defeuaive why that place should not be considered as occupying a commanding warfare. position for a navy-yard . .Armored vessels for ocean ornising must necessarily be of large size, which can- The suggestion has been made that Pensacola is subject to occa.- not, with the requisite strength, be secured in wooden structures. If att6mpted, · 1 · · f 11 f d th t · th 1 f th t the immen11e masses of timber must rapidly dt'cay, and the cost resulting from de· SIOna VISitations o ye ow ever, an a Jn e preva ence o · a terioration will be such as no economical and prudent nation will consent to sus· disease the workmen may have to abandon their post of duty. It is taiu. Ships for cruising and oftenBive operations must be such as can use sails, for true that all the towns and cities upon that coast are occasionally no vessel can long keep the sea under steam alone. Such veHaels as are here aug- subject to visitations of yellow fever. Bot it is proper for me to say gt'Bted should bo built at a Government establishment, for though private enter- th · · .1 f ftft t 1 t- d I th' k prise can do much in aid of the Navy, tbe peculiarities of iron nssels for naval pur- at ·1n a per1ou o een years a eas an some more, m -, may poses are such that private parties cannot undertake the work unle.ss at prices which be added to that, bot I will not undertake to say precisely how many will cover all the outlay for the establishment as well as the vessel, for there can from memory-that city has only been twice visited by yellow fever. be no other customer than the Government for such work. u HEWITT 0 f AI b It · · t th In this view of the subject it is plainly the interest of the Government to eroct lur. ~ ' a ama. never or•gma es ere. its own shops and machinery, and t~ possess its own establishment for the construe- Mr. FINLEY. It is always imported. tion of its ll'On and armored naval vessels. Several years of preparation will be Mr. REAGAN. Two gentlemen near me suggest that it never origi- req uired to provide the necessary appliances for such an establishment, and a special nates there and is always imported. Proper q naran tine regulations and oonvement location, with ample area, should be promptly selected. In each of Wl"ll t 11 t• es protect that pl ce "O'ainst veil ow fever tho navy-yards a dry-dook is indi.spensable, and for a steam navy there should be a a ·Im a "'o' · " • suitable shops and accommodatioll8 for the repair of vessels. Bnt the time which might be lost, it m!ly be once in five years or so, by t.he workmen at that 1a,rd for that reason, will not be equal to I read this much from the report of Secretary Welles of 1866 on the the loss of time sustained in the cold regions of the North, where our point as to the necessity of Government navy-)·ards possessing the navy-yards are, because of fl'Ost and snow. With the exception of peculiar machinery necessary to the building of ships of war such as such danger as may exist from this source there is nothing at all in are used in modern times. While I have this report in my hand, I the way at any time or at any season of the year to impede the work will also read an extract from it in n~gartl. to the navy-yard at Pen- of construction and repairs going on at that navy-yard. saeola. After going on at some length, reasoning upon the necessity It will not do to say that because the people of that region are some- for establishing the navy-yards at Norfolk and Pensacola, he uses this times subject to tho scourge of the yellow fever-and I understanclfrom language: physicians tQat in modern times it has modified somewhat its type, The suppression of the rebellion anrl the re-establisl1ment of that peace and unity and possesses less terror for the people than formerly-it shonlll be which constitute na one country and one people make it a rluty t-o rest~re these b d th t tr · tb 1 +b national establishments to their former efficient contlitiou. Iu so far as there was remem ere a ·our coun Y IS ere, our peop e are l · ere, our com- reason during the rebellion for refnsin~ to do this, because inaun·ection prevailed merce and trade are there, our national honor is pledged as much to in tho regiou whore the yards are aituatoo, that reason no longer exists. True, llie the protection of that people and that commerce aB it is to the pro- expenditures will be ma.ue in States which were in rebellion, l.mt. the rebellion has tection of any other pm·t-ion of the American people and the A.meri- passed away, the States a.re l'art-s of tbe Union, and the establishments -r.llich are 'ub 1 1' h tb th · f ·1· to be renovated a.re nationalJ.n their character and of genel'alinterest to a 1l. U[lon can c.ommerce. '" ere our peop 0 1ve, w ere · ey rear eu am1 1es, the Pensacola yard, ev.en in ita present ruinous st.ate, we m1U1t depend for repairs where they make their hom~s iu the sunny lands of the South as hap- and 11uppliea for n.ny squadron we may employ to guard the ocean outlet of the piJy"as elsewhere, surely the officers and employes of the Government great central valley ,of the Union aud of our whola coa t bordering on the Gulf. can live. To neglect to put that y~rd in proper condition would be to neglect Iowa, Illinois, I say this in order to meet that ar!rnment if it be suggested. It and the States north, as' well as Louisiana and Mississippi. ~ In the event of a foreian wa.r with the great maritime powers, our country wottld has just as much force as I have indicated, anc;t no more. It will not labor under serious disadvantnges were we without a na.vy-yard or naval station in do to say that that country must be abandoned to it~ fate; that the the Gulf. A naval force of stea.mera-aud all fightin~-vesaels must hereafter be comme1·ce of the vast region of country that pours iuto the Gulf of stenrnera-could not be maintain~·d in the Gulf without frequent repairs and sup- Mexico is in case of war to be left at the mercy, of the enemy be- plio~. With no navy-yard in the Gulf, tho disabled vessels would necessarily bo withdrawn from the1r statiOn and compelled to proceed to a nort.hern yard for re- cause sometimes there ruay be yellow fever at Pensacola where our titment. Besides, the perils incident to a vo_vage unller these circumstances, with navy-yard is. nn enemy on the coast., the services of the otticers and crews, as well as of theves- I have said this much because I feel that in proposing to strike out sel itsclf, would be lost during the time abe mi~bt be absent in going to anti re- so much of the appropriation as is necessary to keep in existence the turning from a northern yard. The rebels aml the waste of war nave devastated the Norlolk andPensaco1a yards, bnt the best interes t of tho service and the obli- navy-yard at Pensacola the committee have made a great mistake. gations of the Government are not less.imperati"e now, when pea{le and union nre Tbe national interest~ the national honor, and the national peace de- restored, to place them in proper condition. It is to be hoped, therefore, that liberal manu that it shall not be done. appropriations will be made for th:~ot purpose. The Committee on N<'val Affairs make a different recommendation, While reading extracts from official sources, I will call attention t.o but we are not now dealing with their report. It. recommends, as I what is said by the present Secretary of the Navy in his last annual understand, in conformity with the recommendation of the Secre- report inregard to the Pensa.cola nav.y-yard. He says: tary of the Navy, that the Pensacola navy-yard shall be preserved During the past yet\r the old hospital-building within tho walls of the yard has for repairs ~nd ~npplies. If we m.ake n? al!propr~ation for j t, th_e been torn down and destroyed, and a new hospital erected upon the ruins of one law leaves It, Without tbe means of carrymg It ou, Ill such a condt- witbout the walls, destroyed during the war. · tion that the yard mnst go to destruction, ancl the vast amount of While it is not deemed wise to place this yard in oonrlition for building ships, monev that has a] ready been expended ther0 must be lost the n a- yet it is considered eminently proper that it should posF.ess all requisite facilities , t' for !looking: anti repairing the vessuls of the North Atlantic squadron. Several ad- id f t ffi . d · th t f ton a e euse mos su er, an m e even o war e commerce o tb ' f ditional buildings are necessary, and estimate8 are submitted for another timber- our country must be unprotected to an extent that I am not now shed.and a machine-shop f?rateam-engineerin~. . . fully prepared to show. I have said this for the purpose of calling ~t 18 hope~ tlta.t two sections of the ll'On sectional dock for th1s navy-yard Will be the attention of the Committee of the Whole this evening to the fimshed durmg the present fiscal year. subject, so that when the proper time arrives I may offer the nee- Therefore the last report that comes from the Secretary of the Navy essary amendment to preserve this navy- yard as recommenued by sustains tlte one made several years ago by Secretary Welles as to the the Secretary of the Navy and by the Committ-ee on Naval Affairs. importance and necessity of preserving that navy-yard, at least for Mr. BANKS Mr. Chairman, the portion of this bill to which I desire repairs and supplies. It may be matter for future determination how to call the attention of the committee to-night will be found on page far conRt.rnction shall go on there. Two vessels of war at least were third, relating to the civil establishments at t.he navy-yards at Brook- built there in former times. In addition to the necessity of a naval lyn, League Island, Norfolk, and Mare Island: directing the Sec- station a,nd navy-yard for the repair and supply of vessels on that retary of the Navy to ascertain and report as to the best method vast inland sea for the prot.ection of our coa.st cities aml ~at com- of making sale of the navy-yards at Charlestown, Washington, and merce, it may be said in relation to Pensacola that in addition to its Pensacola, the recession of the naval station at New London, and the tine, capacious, and secure harbor and deep water, it lies in the finest establishment of a naval rendezvous at T.vbee Island or Cockspur timber regionon theAtlantic waters. The supplies of live-oak to all Island, in the State of Georgia. It is briefly to this portion of the the navy-yards of the country come from Florida, and I was going to bill that I wish to direct the attention of tho Committee of the Ray from Texaa, but I am not sore of that. But in Florida and on Whole. I speak a-s a representative of the section immediately and the coast of Texas along the Colorado ancl Lower Brazos are vast sup- greatly interestefl in one or more of the provisions nf this portion of plies of live-oak timber. In Southeastern Texas, back of the Sabine tho bill making appropriations for the naval establishment in the Pass, on the Sabine and Natches Rivers, there are almost limitless opening year. amounts of as fine white oak as grows on the continent. And many Mr. Chairman, it comes to us in an unexpected and unusual form. years ago I was told by a gentleman who had made an examination Here is an appropriation bill, which ordinarily contains only the of the tiue pine regions bordering these two rivers lying back of the specific appropriations required by existing law, appropriations of Sabine Pass that even then, since the pine had been cut as it was in specific sums demanded by existing laws for carrying on tbe Govern· Maine and in Florida, the finest timber for spars and masts was to be ment or in anticipation of measures now pending and that are prob- fonnd in Eastern Texas. So that you have the live-oak and white ably to become laws during the present session. That is the ordi- oak if ne.eded, and the finest timber for ma-sts and spars on the At- nary function of the Committee on Approptiations, and that is the !antic waters close around Pensacola. anticipated result of their labors. Bnt in thls bill, in the provisions 1876. CONGRESSIONAL RECORD-HOUSE. 3219 to which I have referred, we find an entirely new theory of legisla- sacola or League· Island or Mare Island are mentioned. These are tion. designated, and we may, if we concur in the action of the committee, For example, under the rules of the House matters relating to destroy them, simply because the gentlemen of the Committee on the naval establishment of t.he country would ordmarily be referred Appropriations happen to be from sections of the country which have to a committee compo ed of gentlemen representing different sections no especial interest in these particular establishments. If I were a.nd acquainted with that interest. And all these matters have in upon the Committee on Appropriations, of course you understand fact been referred to the Committee on Naval Affairs and the House that I would not propose a measure which would dest1·oy the navy- is now waiting for its conclusion and report. And now, while yet yard at Charlestown. There would be no dishonesty, no impropriety waiting the conclusion of the committee constituted for that pmpose, in my acting in the view which I ha>e expressed, because very nat- the Committee on Appropriations, in ten or a dozen lines of this bill, urally, being ~om that section and knowing its capacity, I should proposes to sweep away even the very foundation of that establish- then think it most unwise, as I do now think it is most unwise, most ment. Although two or three points only are named in this portion injudicious, and bven criminal, speaking of it as a measure of admin- of the bill whjch are to be abolished or destroye(1 7 it may occm· that istrative policy, to destroy that and possibly some other navy-yards the House itself or this committee first and the House may add other that are herein mentioned. locations to those already named and thus the very foundations of The gentleman from Texas, [Mr. REAGA...v,] who bas spoken so ably the naval establishment may be abolished, and so in a week or two, and with so much reason against the abolition of the navy-yard at so far as the House is concerned, we may find little or nothing left Pensacola, could not be t:!Dpposed to have been inclined, or to have upon which the Navy Department can rest. consented under any circumstances whatever, to the destruction of I wish to speak in the first instance against this method of legisla- that yard if he had been upon tho Committee on Appropriations, sim- tion. There is nothing that has ever been proposed or. that can be ply because being from that section of the Republic he would have conceived so fatal to honest legislation as that which allows all the appreci!1ted its importance, and for that reason would have been dis- subjects of the ordinary legislation of a session to be fastened upon ap- inclined to consent to its c.lestruction. propl·iation bills, with special and exclusive privileges that are never Therefore any of the recommendations which we have from that accorded to the legislative measmes referred to or reported by any commUtee depend not so much upon the merits of the particular other committee whatever, and which are not given even to biJls propositions that are presented as upon the accidental location and providing appropriations to carry into effect existing and long-estab- residence of the members of the committee. Of course I do not in- lished laws. The utmost privilege ever accorded to an appropriation tend to criticise or condemn the action of its members in this respect bill is that of being reported at any time; but this practice permits any more than I would contlemn my own action if I were a member any measure, whatever may be the subject to which it relates or of the committee and had stood by the navy-yard at CharlesLown in- however important the changes it works in existing laws, to be made st-ead of proposing to abolish it, as it is now proposed to do. without not.ice and forced to a conclusive and final vote at the time This certaiuly is not a wise method or principle of legislative ac- it is proposed. It gives to the Appropriation Committee the power tion. A matter of this kind ought not to be presented to us either as to scoop into its hopper the work of every . committee a'Qd every a matter of privilege or of chance, giving to the committee that topic of legislation of whatever name or nature. This is in contra- proposes it authority to snspend all the rules of the Honse by a ma- vent.i on of every principle of parliamentary law. Appropriation jorit.y vote and insert within its provisions any subjects of l<'gislation bills have been restricted by immemorial usage and practice to the wit.hout limitation or restriction, provided only tha.t it contains an legitimate and limited purposes and objecU!, not of legislation, but of argumentative or presumed reduction of expenditures, and to press specific or general appropriations of public money necessary to the them to a final determination in a few hours. In the case before the execution of established laws. If this were a reform legislature, committee, four hours of the time allowed for general debate were and intending to make a reform in the general legislation and condi- last evening given to the discUSBion of matters entirely disconnected tion of the country-and I am one of those that concede earnestly from the principles or measures embraced in the naval appropriation and willingly that reform is demanded by aU parties and all sections bill. of t.he country-if this House of Representatives intended to do this, It ought not to be given to a committ.ee to make these fundamental tben it has committed a fundamental and fatal error. No such mis- changes in the legislation of the country and in the administrative chievous rule of le~islation, no such vicious system of political ac- establishments of the Government under such advantages, and thus tion, was ever dev1sed or p1·oposed as that which we have estab- deprive us of the opportunity of a full and clear examination and lished here, if it be admitted that it gives to the Committee on Ap- discussion of them upon their merits. I do not make a.ny criticism at propriations the opportunity to ingraft upon its bills all the legisla- all upon the committee; it does not enter into my mind to utter one tion that its members may think just and proper, I will not say to word of censure upon the committee for what they .have done. I usurp, but to assUIDe jurisdiction and final control of the duties of only speak of the infinen<'e and effect of the position which they almost every other committee of the House. occupy in t.his regard and the new and perilous practice we have It is impossible for us to reform the abuses of the Government, it established in the legislation of t.he country. is utterly out of human power to have an honest aclmiuistra.tion or an Let us then revert to the immeiliate question before the commit- honest government if this system of legislation t.o which I am refer- tee. What is it! It is to sell two or three, and in the end it may be ring shall become the established and recognizetl system of national all the navy-yards now owned by the Government. It is true that t.he legislation. It would not sm·prise me at all if we should find the language of the bill proposes t.o restrict tl1e Secretary of the Navy Committee on Naval Affairs, to which the rules of the House have . to an inquiry as to the expediency and best method of selling the committed the duty of considering and reporting upon everything yards named. But this presupposes t-he expediency or necessity of that pertains to the naval establishment of the country, seeking selling them. Its effect upon the country and upon foreign nations through its chairman and through the chu.i rmen of its subcommit- will be the same as an order to sell, ancl it mi~~t result in their sale tees-humbly seeking at the hands of the Committee on Appropria- without imposing either upon Congress ol'thc .Navy Department auy tions an opportunity to offer the results of their deliberations and in- proper responsibility for such an important st""P· And why, if there vestigations as amendments to this bill. is to be an inquiry should it l>e limited to the establishments here The Committee on Naval Affairs, whether it has done its work well named' Why should it not embmce all yards wherever located, and or ill I cannot say, has certainly prosecuted its inquiries with gt'eat give to the commission aut.h ority to ex3llline all and report those that industry, and has brought together a mass of information such as could best be spared aml those which it would be most beneficial for never has been presented to the count.ry before in regard to the naval the Government to retain Y Why should not the whole question be establishment, which has presented and will present in the end. many submitted to the Navy Department' Indeed this ought to be t.he volumes not only of interesting but of instructive testimony from instruction given to .the Secretary, if we give him any instruction the most honest and intelligent men in different parts of the country upon this subject. If we mean merely to instruct the Secretary whose lives have been connected with the service--all this labor will of the Navy to inquire what naval establishments can be dispensed have been wasted, if not lost, because the Committee on Appropria- with, we ought to leave the whole matter to him or the commission tions assumes the right to take away the very basis upon which the he may appoint. The proposition should not embrace merely the Committee on Naval Affairs has predicated its labors. navy-yards at Charlestown, Pensacola, and the Pacific coast. Let If this policy shall be fastened upon the Government a8 an estab- him have the whole matter. _ If there is to be any inquiry, let the lished rule of action, we may bid farewell forever to any chance or whole subject go to this commission or to the Secretary of the Nary, opportunity of making an honest administration of the Government. who knows what sort of men to appoint in order to gi,·e this Honse H does not matter whether it fall int.o the hands of republicans, dem- at the next session the full opportunity to examine the whole ques- ocrats, or independents; no party and no people will be able to con- tion. Why should we, upon a pretense tha.t we do not take any duct the aft'airs of this Government independently or honestly, with action at all, deprive the Secretary of the Navy effectually of the a just and proper regard to its various interests, where such unlimited opportunity of considering whether one-half of t.he existing naval and unrestricted power is given to a single committee as has been establishments are worth retaining or whether they are not 1 Why given by our action in this case to the Committee on Appropria- should we not open the whole field to him? I trust that if this com- tions. Should it be perpetuated, it will be a measure more fatal to mittee should do anything on uhis question it will, when it comes to honest legislation than any legacy ever bequeathed by the members that point, give unlimited instructions to the Secretary of the Navy of one Congress t.o the members of another. So much for the manner to inquire whet.her any oue or all of these estatilishments should be in which this subject is presented. abolished. At present the proposition is in fact and effect an order . Let ns look, then, at the question itself. The committee proposes to sell certain yards specifically named, reserving an inquiry only a.a to sell one, two, or three of the establishments which are known to the to the best method of ma.Jnng the sale. This ought not ta be, and I country as navy-yards. It is a mere chance that Cha.rlestowo or Pen- hope will not be, clone. ·· · 3220 CONGRESSIONAL RECORD-HOUSE. MAY 19, Now what is it that we propose to do f To sell land. If the Gov- ing communities have grown up with it and adapted themselves to it. ernment were an individual sixty or seventy years of age, likely to They haYe pro pered together. They are all necessary to the Gov- dio in three or five months or years, and having heirs among whom ernment and the prosperity of the people. "'\Vhy should the Govern- its property was to be distributed, or intending to give it to some char- ment now separate them f Why should Boston, that has been com- itable institution, then it might be very well to settle up a:l:fa.irs in this pelled to recover from the deep sea the very land upon whioil slle way, to convert the lands into bonds or money, and put the proceeds stands, be deprived of tho local and general advantages it ha so loner where they would do the most good. But, sir, the Government is not enjoyed from her intimate and honorable connections with the Gov~ in this condition. This Government is here, not for months or years, ernment, in peace and war, at that point for more than three-fom·tbs but for centuries. It is here for a thousand years. Why sho11ld it sell of a century f Why should we st~ll this land f Are we to make any its land f Why should it sell the best position in Boston harbor f money by it 7 When we sell laud we do not get the money that we Why should it sell the military and naval position it owns at Pensa- pay when we buy it. If the Government sells the navy-yard at the cola f Why, above all, should it sell that position on the Pacific coast city of Boston within twenty-five years it will pay a million dol- where after scientific deliberation and investigation it has planted its lars for other lands for everv thousann it receives for this land. Is naval establishment f What is to be gained by itt t.bere to be no navy-yard onw the New England coast 7 Is there any Sir, what member of the committee is able to tell us what will be better position elsewhe1·e T Why, then, should we sell them to buy the necessities of the Government in five years or ten years or twenty- again t What is to be gained by it aud who advises itT five years at any one of tilese points T There are on th~ borders of There are eighty acres now occupied there for the various purposes tho Pacific Ocean 500,000,000 people, a power whose ultimate devel- of a naval establishment. It costs the Government nothing M a prop- opment and destiny is beyond the comprehension of man. Nobody erty; it costs the prospe1·ous and busy eommunities nothing by which knows what it is to be in the fnture. Nobody knows what effect it it is surrounded; it is no expense to anybody. Taxes are of no ac- will have upon this country. "'\Vhy should we tie up.o~r bands ~. tthe count and the interest upon the money the land is worth is of no ac- sug~estion of the Secretary of the Navy or a commlSSion appomted count, because neither taxes nor interest run against the Government. by nim and deprive ourselves of the key-points upon the Pacific If sold it will only take the place of other lands upon which intere8t coast which ultimately are to coufront and control the movements of and taxes are now paid, and neither the State nor the General Gov- that part of the world, the most populous of all portions of the globe, ernment will be richer or stronger for the change; and after ten or embracing in fact half its entire population t Wilo ca.n tell us what twenty years t.he Government will buy it back, or some other land, will be the ultimate effect of the sale of the land which the Govern- and pay a million dollars for every tilousa.nd it gets if it sells it now. ment now owns and baa appropriated to tho natural defenses of the Just so it is with Pensacola and just so it is with the station on tho Pacific coast T Pacific coa-st. Even taking League Island a.t the reputation it bears Mr. Chairman, (Mr. CLYMER in the chair,) you are a wise man, of here with those most opposed to it1 admitting that it is half tmerved it and its early settlement and ultimately in no inconsiderable measure of could best use it f I think this committee will scarcely do that. No, tbe whole conntrv. sir; let Bunker Hill stand; let her try ber chances and test her dest.iny, In tbe ancient and honorable town of Medford, of the district which whatever it may be, in the century that is to come. Let her contem- I represent, and but two or three miles from Charlestown, was launched plate what she has been and what she is, and not be made to bang one of the first vessels built on this continent. The Dutch people in her head with sbame when she remembers that an American House New York and the southern people in Virginia built other vessels about of Representatives, the first parliamentary assembly in the world, the same time, it may be a little earlier or a little l:tter. But certainly has deprived her of the recognition of patriotic services and the chap- one of the earliest and best vessels built on the Atlantic coast was let of honor that our fathers accorded her. Let those now engaged constructed by the colonists at Medford in 1630 or 1631, and named, in labor for their bread and that of their children for weary hours.Jl.t wit-h religious ceremonies and with the pray firs of the people, "The stinted pay bear constantly in sight the flag which :floats above them, Blt'ssing of the Bay." It was the blessing of the b:ty. It bronght a perpetual reminder of the glories of the pa-st and the hopes of the them sustenance and kept them alive. Little by little they grew so future; of the virtues of their fathers and their mothers; for there as to be able to chase and capture a nobler game. They followed were then mothers as well as fathers of the country. 3222 CONGRESSIONAL RECORD-HOUSE. MAY 19, I am sure I need not ask the committee to consider well what will after be "Qseful f The only great corda.ge establishment which the be the effect of any such action as this. Sir, my heart would pour United Sta.tes Government owns is in the navy-yard at Boston. That itself out in tears if I believed that while I was a member of this e~ta?lishment for t~e manufacture of cordage of all kinds and every House its lwnorable Speaker would ever be called upon to append stze JS equal to anym the country to-day; and I suppose J might say his name to a bill which should be a chart. of dishonor for Bunker without vanity that it i8 supeBior to almost any in the comitry . . It Bill; and for what f For a few dollars in irredeemable currency as is ready to start its machinery to-morrow and produce cordage of the a compensation for land improvidently sold! which no man can say first class. .My friend from New York [.Mr. WILLIS] may point to his will be worth twenty-five cents on the dollar five or ten years hence. navy-yard, over which he rejoices, and may fail to find elsewhm·e [Laughter.] anything like it. Mr. Chahman, you may think this is a mere expression of local or Mr. WILLIS. I wish to correct the gentleman. He refers to the personal feeling ; that my sincerity and warmth are not natural and Brooklyn navy-yard as helongin~ to "the gentleman from New York." sincere. But it is an error. Sir, in the twenty years I have been off That is a great mistake. If the mterests of the country could be sub- and on a member of this House, I have often spoken in moments of served by t.he sale of that yard I would cheerfully vote for it. grea.t excitement when strong appeals were made. I have seen in- 1\Ir. HA:i.RIS, of .Massachusetts. From the manner of my frieml's cidents and events that -were calculated to blanche with fear the speech, I ought to be excused for the error. • cl1eeks of the boldest and bravest men. I have been called to apeak Furthermore the navy-yard at Charlestown possesses a rolling-mill honest words, sometimt:a of denunciation, sometimes of argument, capable of converting scrap-iron of all kinds into every description sometimes of appeal. But ne-rer in any moment did I apeak upon a of rolled iron used in the Navy, with the exception perhaps of tho sn bject or an occasion that more closely touche~ the inner recesses of large armor iron used on iron-clads. It possesses a for"ing-shop of my heart than now, when I appeal to the comm1ttee for the honor of great dimensions and capacity. This, I think, is not co~mon to all Bunker Hill, Lexington, and Concord, identified with the best days the yards. In the late visit of the committee to that yard we were and the beat men and the greatest events of our history or the history toM by engineers and men familiar with the subject that the yard of t.h e world. I speak not merely for the people of the New England had the machinery and all the facilities for constructing in every villages, a few hundred men and women, but the people all around, part the largest steam-engines which could be put into any ship of the descendants of the "embattled farmers" who with their muskt~ts w~r. In passing through ~h~t machine-shop and e~amining the ma- upon their shoulders stepped into the line of action and of duty. chmery there, I wns of opm10n that those who claimed it to be the For these people I appeal to this co~mittee to let Bunker Hill stand; fine.s t machine-shop in this country were not in eiTor. In the large or if there he an occasion for its dishonor, Jet ns t.a ke another occ:v machine-shops of Charlestown are to be found the most perfect aud siou than tho centennial year 1876 to do that deed or discharge that the largest engines for working iron that can be found in any ma- duty. [Earnest and long-continued applause.] chine-shop belonging to the Government of the United States. \Vhat llr. BARRIS, of Massachusetts. Mr. Chairman, after the eloquent else is there at that yard T Vast accumulations of timber of all kin•ls appeal made by the distinguished gentleman from t.be Charlestown stored in wooden and stone buildings, large docks, wet ·docks, filled district, [1\Ir. BANKS,] it may perhaps seem useless for me to attempt with the timber which the Government bas seen fit (in its wi~:~dom, I to say anything upon the subject which has been presented to the think) to accumulate and to store up for futnre needs. Bouse in the three propositions which are before us. Yet, .Mr. Chair- Mr. Chairman, destroy that navy-yard at Charlestown; offer it for man, I propose to say a few words in oruer t1mt I may lay before the sale, as n1y friend from New York suggests, b~cause it is in a large House some facts which it. should consider in disposing of the prop- city, and the land will bring a good pnce, and then undertake tore- osition to sell the Charlestown navy-yard. move the material which that navy-yarrl contains. In the first month This yard in the bill of the Committee on Appropriations is pro- of your operations yon will lose by the destruction of propertv more posed to be dispo86(1 of. The Committee on Naval Affairs have pre- than the whole price the navy-yard would bring. We have witnes eel sented a proposition to keep in active_genera.l use the nav-y-yards at such destruction at the Philadelphia navy-yard; we have seen what Kittery, Charlestown, Brooklyn, and .Norfolk; to use the navy-yards came of destroying .one navy-yard; and, so far as I am concerned, I at Pensacola and Mare Island for general purposes of repair; and to hope never to witness the destruction which will follow the removal recede the navy-yards at New London antl Lca~:,rue Island. But t~e of another. gentleman from New York, [Mr. WILLIS,] who addJ:essed the com- Mr. Cb3irman, the navy-yard at Charlestown includes within its mittee to-day, proposes another and a different disposition of the limits to-day a vast amount of wealth. The dry-d~ck of granite, equal mwy-yards. He proposes to sell the Charlestown yard, to close thoSe to that in the New York yard-commenced in the days of John Quincy at Kittery aml Pensacola, and to have only two navy-yar~s ~n the Adams and finished in the days of Andrew J acksou-would cost to-day country : one at Brooklyn, near his own home, and the other on the hundreds of thousands of dollars to construct. It is in perfect con- Pacific coast. Here are three propositions; and all three of these dition, ready and able t{) receive the largest ship that :float.s. The propositions have sprung into existence within the last few days, for · proposition is to sell it; why I do not know. 'Vhence the propo i- I maintain upon this :floor that, so far as the Naval Committee have tion emanates I scarcely know. had anything to do with t.his subject, these propositions have never Mr. Chairman, these navy-yards were not made for times of peace. been heard of within the doors of the committee-room for discussion These ~reat accumulations of wealth and material and powe1· were or deliberation until within the past three days. In all our peregrina- not gathered together for times of peace. They were put there in order tions over the land no testimony baa been taken by any committ-ee th.at t~is country might b~ able in time of war to meet any enemy it or any member of it in my hearing upon the subject of selling any m•ght have to contend wtth upon the sea. League Island t,o-day is navy-yard in this country. not in condition to receive and copper a ship of fifty tons. There is, Now, Mr. Chairman, I am a resident of Massachusetts-not, bow- to be sure, an immense wooden dry-dock nearthenavy-yard there; unt ever, particularly interested in the Charlestown navy-yard. I live it is not now in condit.ion for service, and nobody will pretend that it is. south of Boston; and I believe that within the last two year's there There is a ship-house, lat-ely removed from the Philadelphia navy- have been but three persons at work in the Charlestown navy-ya.rd yard, standing upon piles seven feet above the ground, aml which from the district which I represent. I have therefore no particular never can be used until there shall be placed under it a stone founda- interest in that yard; and notwithstanding the remarks of my col- t.ion and the piles removed. The navy-yard at New York, great as league who has just taken his seat, I am inclined to the opinion that that yard is, is to-day a hospital for old hulks unworthy to float upon the interests of Boston do not particularly require that that navy- t.be sea. It is i.n no better condition this hour to meet the require- yard should be preserved. I am not sure that the commercial inter- ments of war than the navy-yard at Boston. eats and the wealth of Boston would not be subserved by converting My friend from New York [.Mr. WILLIS] has discussed the question that navy-yard into sites for other kinds of business. It bas a. grand of the Navy, and I will say the remarks the gentleman from P enn- water-front; it is in the center of that city; it has many advantages sylvania [Mr. KELLEY] made this evening were .correct as to the a.c:.. for commercial purposes. Therefore, when! speak upon this subject., quaintance of gentlemen with naval affairs. 'Vhy, so far as I am I am not speaking either from personal interest or from what I deem concerned, I was plac&l on that committee I never learned, and the to be the monetary int-erests of the commtmity within which that profundity of the ignorance of the gentleman from New York in re- navy-yard is situated. But, sir, I speak of this as a navy-yard which spect to naval affairs is only excelled by my own. He bas given uo in the past has rendered incalculable service. .My eloquent friend reasons why the navy-yard at Charlestown should be sold. Be has has told you of the ships of former times built at that yard and which told us why the navy-yard at New York should be preserved, that it have reflected honor upon the State and the country; and I may, is in the center of a great city, while he speaks of other cities in which without giving offense I believe to any man, P,Oint to the ships built navy-yards are situated as little country villages. Boston is a little in that yard within the last fiiteen years which made their mark and ~ountry village and yet the navy-yard there is equal to that of New told in the interests of their country. The navy-yard at. Charlestown York. He proposes to sell it and yet the Brooklyn navy-yard is the durin~ the late rebellion was active in all its departments in bringing only one he has ever visited, on his own confession. fort.h uon-clads and wooden ships of all classes. Thousands of men 'Vhile the little vi ilage of Boston does not compare with the great were successfully employed in that yard during th<~~t tmhappy period. city of New York, still I think the gent.] eman from New York may That this navy-yard during that time-and the object of these re- learn a little about naval affairs if he will spend a few hours in t he marks is to lay before the House the facilities and advantages which Charlestown navy-yard· something about the demands of f.be Gov- · that yard now has, and to present if I can some of the reasons why it ernment and something about the buUdit;~g of ships of war. He may should !lot be sold or desb"oyed-that this navy-yard during that understand something, too, of what it is to accumulate vast amounts perio(l wa.s useful to the country no man wi1l deny. of property and have it ready and in condition for use at any moment. What have we gathered there f Wh:lt have the people of •the Now, I care nothing personally on the subject of the Charlestown United States pnt in that yard which for naval purposes may here- navy-yard. I have no personal interest in it. I do not belie-ve the 1876. CONGRESSIONAL RECORD-HOUSE. 3223 people of my State are particularly benefited by it. I do say if there judgment be impossible to maintain, and which would certainly bring is a community in the country, with the exception of that in and distress and ruin upon the industries of the whole country. More around the city of New York, capable from experience, capable from than one year has elapsed since the bill was passed fixing the time habit, successfully to perform labor and no work in a navy-yard, that for resumptiQn, and I would ask gentlemen upon this floor what prog- community is within twenty miles of .the city of Boston including ress and preparation have we made to meet the requirements of the city in its limits. Where will you find better skilled mechanics such an exigency T The prospects for resumption on the 1st of Jan- in the construction of machinery than there f Where will you find uary, 1879, are more unfavorable to-day than they were one year ago. men better acquainted with the construction of ships than there, or The amount of coin in the Treasury of the United States to-day even all the way from the British possessions down to Cape Cod f A available for that pmpose is a mere nominal sum. Many of the ad- large portion of the people 1·esiiling on the southeastern coast of Mas- vocates of that bill, as well as the Secretary of the Treasury, tacitly sachusetts between Boston and Cape Cod are learned and skilled in admit that their expectations have not been realized and that the act the art of ship-building. fixing the time for specie resumption was a mistake. Then if we can- Mr. Chairman, there is one subject to which I desire to call the at- not resume by the time fixed, why allow this resumption act to re- tention of this House, and in that I think I shall agree with the gen- main suspended over the beads of the manufacturing and business tleman from New York. He remarked that our navy-yards are silent, men of t.he country like the sword over the head of Damocles, threat- that our machinery is still, that we are doiug nothing. Yes, granted; ening and ready to fall at any moment f · I a.m clearly of the opinion and yet we art} keeping by onr contract system some great private that we ought to repeal t.he clause of that act fixing the time for re- establishment of the country employed in the ma-nufacture of ~;team­ sumption, and I am well convinced that a large majority of this engines, iron platin~, and in building and repairing bulls for the House are of the same opinion. If by our legislation we have not Navy of the United ::states. It is a system pernicious, wasteful, and been able to retain in our country the gold taken from our mines, bow extravagant. We have had occasion lately to know by our examina- can we expect to retain the foreign gold which we purpose to pur- tion that the Charlestown navy-yard has been called upon to furnish chase with our bonds f It cannot be done. to private contractors the timber from its ship-houses and iron and With our large indebtedness abroad, requiring so large an amount copper from its store-houses, and that a ship of war was being bnilt of gold to pay the interest on our bonds; with the balance of trade within sight of the navy-yard under private contract, while the skilled against us, averaging over 100,000,000 annually, it h utterly impos- mechanics, the skilled workmen which the United States should keep sible t{) resume specie payment with this condition of affairs existing, in its employ were idle or seeking other employment. either on the 1st of J anua.ry, 1879, or at any other time. Give the navy-yards the legitimate work which belongs to the con- To relieve the manufacturing and industrial interests of the coun- struction of our Navy, and you have navy-yards enough in the coun- try, and to restore confidence and prosperity to the people, I propose try to do the work. Their capacity is not what it should be. They three things: should be building two ships of war in every navy-yard of.tbe United First, repeal the clm~se fixing the time for resumption, and thus re- States to-day, and we should keep on building them. We should keep lieve the manufacturers of the impending dread of the results of a in full repair all other ships worthy of going to sea-. To do that re- forced resumpt.iou, ann then let the currency question alone, and al- quires more than the New York navy-yard. A little help mi~ht be low the l:l.ws of trade and commerce to regulato the t.ime when specie rendered by Boston and Pensacola and a great deal by :Norfolk and resumption can be maintained without too severe a shock upon the Ma.re Island navy-yards. · business of the country. I hope, Mr. Chairman, this proposition will not meet with any f~Lvor Second, prohibit banks from paying interest on deposits and en- in the Honse, and that the navy-yards, if they are to be solrl ancl rlis- force and increase the penalties for charging illegal rates. Banks pay posed of, will be sold and disposed of after some deliberation, aft.er 6 per cent. on deposits, m1d consequently h:we to discount at rates of some investigation by competent men. I hope this proposition will 12 and 14 per cent. No manufacturing or other business can be con- not be forced through the Honse of Representatives upon a bill which ducted successfully and pay euch ~xtortionate rates for money. came into existence within one week from the time when it is t.o be Third, instead of reducing our present rates of tariff duties, as pro- finally passed upon by the Representatives of the people. posed by the bill now reported to the House and gotten up in the in- PROTECTION OF llfERICAN LABOR. terests of British manufacturers and free-tmders and importers of foreign :roods into onr country, I would increase the duties upon all :Mr. WALLACE, of Pennsylvania. . Mr. Chairman, that the manu- products and manufactures which we can produce and manufacture facturing interests of the country are fearfnly depresse-d ; that a large at home. Tho time bas come when we must direct our attention percentage of our furnaces and mills and factories and workshops more to the interest and welfare of the many, the laboring class of are silent and still, and that a million and more of laborers, many of society, and not so much to the few, the money-changers and im- whom are skilled workmen, are without employment and know not portei·s of foreign fabrics and the stock-jobbers of Wall street. La- where t.o get bread for themselves and families, are facts admitted and bor constitutes the wealth of a nation, and, therefore, should receive recognized by gentlemen on both sides of this House. That the peo- that careful and earnest consideration of the law-making power of a ple are looking toward and expecting Congress, if possible! to do some- nation which its importance demands. When yon sum up this ques- tlling to revive the business of ·the country, restore confidence, aad tion of finance, which so troubles, distracts, and befogs the minds of relieve the pressing wants of the people, are also admitted facts. The the people, it resolves itself into simply the measru-es affecting the l'tlmedy for all tho e ills, so far proposed, is a dose of finance, and the labor of the country, aml the question of labor means the question amount to be administered ra.n~es from an inflated bolus commensu- of protection to American industries. rate with the powers of deglutition, down to an infinitesimal pellet Is it not a wise policy for every nation to protect bor own indus- of contraction. After careful and attentive consideration of the many tries f A nation to become great must become independent~ and to and conflicting prescriptions suggested, each claiming to be an infalli- become independent must rely mainly: if not solely, upon her own ble panacea, I am forced to the conclusion that the case is not well internal resources. Not only her independence, hut her civilization, de- understood. pends upon t-he development of the resources withit1l1er own territory. Lord Brougham, when interrogated as to what he understood by It has been said that the amount of coal consumed by a nation, the Schleswig-Holstein question answered, that there were but two being given, affords a fair measure by which to judge of her civili- men who ever comprehended that subject; one man knew and bad zation, for the reason that coal is the chief aliment of manufactur- told him, but that the man who knew had died, and he bad forgot- ing industries, and the amount consumed represents the development ten what. the man bad told him. Now, sir, it does appear to me that of the manufacturing interests of the people, upon which the wealth, the man who understood this finance question practically, and who the prosperity, the greatness, the grandeur, and the independence of fully comprehended the situation of the country and who knew bow a nation depend. No society homogeneous in character, with homo- by dir~t legislation on the finance question to revive the iudusti·ial ge~teity of labor, ever has a-ehieved or ever can achieve national great- interests of the land, to relieve the pressing wants of the laboring- ness or national distinction. Extent and variety of manufactures de- men, and restore confidence among the people, died some time ago velop trade and commerce and create a steady and reliable home mar- and forgot to tell any man bow it was to be done. ket for the products of the soil, so that all departments of industry are It is an easy matter to construct plausible and high-sounding theo- benefited and the people contented and prosperous ; and with pros- ries of finance, and every man in Congress and out of it has one; but perity and accumulation of wealth, the fine arts, literature, aml when you come to apply those theories practically, to meet the present science find encouragement; so that just in proportion to the differ- condition of affairs, difficulties confront you at every step. The prop- entiation of labor does society more and more perfect its organiza- osition to issue an indefinite amount of greenbacks sufficient, it is tion. and the people rise higher and higher in the scale of ci viliz«l- asked, to meet the business wants of the country, is a proposition of tion. Great Britain, under the fostering oa.re and high protective great latitude and should be accepted with much caution. An essen- policy of her government, built. up and extended and diversified her tial element in a sound currency is stability of value, and a currency manufacturing interests till ber labor-saving machinery becamo so which rests solely upon credit, and which is bnt a promise to pay varied, so immense, and complete that she aspired to the proud pre- without ability to fulfill the promise, must necessarily fluctuate in eminence of making her workshops the workshops of the world, value, and being unstable itself, must in a greater or less degree un- her consumption of coal being so far in excess of any other nation settle all va.luos and render uncertain and insecure all kinds of busi- on the globe that to-day she claims to stand first in rank among the nt!ss; a.nd tbolar~er the inflation the greater. the fluctuation, and the civilized nations of the world. greater the liability to business derangements. If, then, the consumpt.ion of coal by a nation be a measure of its I would. be glad to see the time come when what we call a dollar actual civilization, then the coal area of a nation ought to be a meas- would mean a clollar, and not a promise to pay, and am in favor of a ure of its potential civilization. The United States, having a large.r return to a specie basis at the earliest day that is practicable and pos- coal area thu,n the world besides, under wise and comprehensive leg- sible, hut am opposed to a forced resumpti®, which would in my islation ought to march to the front and take the first place in the 3224 CONGRESSIONAL RECORD-HOUSE. MAY 19, rank of civilized nations. In extent and variety of minerals, in mag- It will be seen tbat we have given np our markets to foreigners with a fre rlom nitude of national domain, in fertility of soil and its adaptation to that could scarcely fuil to dr ain us of gold, All these imports are paid for in golcl· and, when their aggregate rises to OG:l,6171147 in one year , Min Hi72-'73, it is reU.: the gro~th of almost every variety of products, in salnority of cli- sonable to expect pro~tmtion to follow. S;nce tbe fatal rcducl.ious of 1-be several mate, and in external and int-ernal facilities for commerce we sta,nd acts of 1872, we have 1mported an R¥erage of more than six hundred millions yearly without a peer among the nations of t.he earth. ancl ba'"e let on~third of t~is vast ag~regnt.e come in free of duty. It did notneeelopment of internal commerce before there can be a large clevelopment of ex- I have also compiled a table giving the average prices of the lead- ternal commerce. No more than an individual can a nation exert great stren!!th ing articles of subsistence in those countries : outwardly unless such strength exists inwarrlly. To neglect the home market, by reaching out after the foreign, is to neglect the subst-ance to pursue a phantom. A table showi1tg the average priCeB of tlw leading a1·ticles of subsistence in Prance, Austria, Russia, and Italy. The home market t.o the people of the United States is worth more than all the markets of the world besides. ~ d ~ There is au objection brought against the protective policy, and ' Q :9 -; particularly by the western people, which has no foundation in fact. Articles of subsistence. § ... en tbis case a most thorough investigatiou. and have come to the unanimous opimon that the veto mes· Mr. LOGAN submitted the following resolution; which was re- sage of the Presideut is based upon an entire mi apprehension of the facts. ferred to the Committee on Printing: The bill is a private one for the r~lief of two ?it.lZens of the State of Kentucky, Ruolved by the Senate, (the House of Representatives concurring,) That there be pre- G. B. Tyler and E. H. Luckett, a~Slf,rnees of William T. Cheatham. The amount pared 4,500 copies of Professor Hayclen·s ninth annual report of the United States involved is $164. geoiogical and geographical survey of the Territor-ies for 1875; 3,000 copies of which The bill, as it passed both Houses of Congress, is in the following words: shall be for the use of the House of Representatives, 1,000 copies for the use of the An act for the relief of G. B. Tyler and E. H. Luckett, assignees of William T. Senate, and 500 copies for the use of the geological survey. Cheatham. AMENDMENTS TO APPROPRIATION BILL. Be it en:v tho collector of internal revenue for the mouths of Decem be•· T . W. FERRY, L869, and Jannar-y,.1870, wa.~ in accordance with the provisions of joint resolutioil President of the S:mate pro tempore. of March 29, 1869, (volume 16, Statutes at Large, pa:.re 52,) and there appears to be I oortify that this act did originate in tho Sena.te. no reason for the refunding by the Unitetl Stat&s to tho asRignees of sa11l Uhea.tham GEO. C. GORHAM, the salary of tbis store-keeper that wou.ld not apply wit.h equal force to imilar pay- Secretary. ments l>y all other dis illers who were operating their clistillmies or had spirits in their wat·ehouse at that time. The PRESIDENT pro tempore. The question is, Shall the bill pass, "Tho facts above btatecl aro cont~illered by this Officevaliill, bad they called the attention of read, and also the veto message of the President. this Olliooto the subject." · The bill is herewith returned. Mr. MITCHELL. The message appears in the report. We will I ha.ve the honor to be, very respectfully, your obedient servant, get t.he whole thing by hearing the report. B. H. BRISTOW, Secretary. 1\Ir. SHERMAN. Let the report be read. Relying, as the President did, on this letter of his Secretary, to whom the hill The PRESIDENT pro tempore. The Secretary will read. the report had been referred for his "opinion 38 t() t.he propriety of it~ approval" by the Pres- of the committee. ident, it is not surprising that the Executive sanction was withheld. The Secretary re~d the following report, submitted by :Mr. MITCH- But the question arises, how fa.r was the.l~tter of the Secretar,v of tho Treasury justified l>y the facts in the case and are the statements contained in tho rOJJort.ac"k t~ tho t:>enate, this store-keeper t-hat would not apply with equal fot·ce to similar payments by all with the recommendation that it pass, notwithstanding tbe objectiont~ of the Presi- other distillers who were operating their distilleries or had spirits in thuil· ware- dent. houses at that time." Tbe veto power is one lodged in the Executive by the Constitution as a means of And the Secretary of the Trea.sury, referiiug to this report of Commissioner protection to the people against the evil consequences of vicious le~islatiou, resulting, Pra.tt, advises tile Pl:esiu<'nt that" tbu facts at1ove statecl are considered. by this ns it sometimes does, from hasty or inconsidPrate le:rislative action j and although Ollico valid and setious objections to the approval of this hill," and conclnde his the power exists in Congress to breathe the breath of statutory life mto a bill once communication to tho President with the declaration '·that they," the above facts, passed notwithstanding the President's objections, it is a power that sbonhl never "woultl ha,·e been communicated to the congressional committees before tlltl pru;- be exercised except after the most careful consider~ltion of the reasons gh·eu IJy S:lf!C of the bill, had they called the attentiou of this Office to the subject." tile Executive for withholding his approval. As a power approaching, as does tile That the attontion of tile Sec•·etat·y of the Tre::Jsury h.td IJeen calletl to this sub- vt~to power under our Constitution, so nearly to t.hat exercil!ecl without restraint ject in the mo;~t soleuu1 and formal manner possible, and the opinion of tho Com- by the heads of despotic governments should never be exeroisetl except on the mission~:r of Intemal Revenue ns t.o lhtl equities of the case 1\sked an£ll!uch opin- fullest consideration of the case, and where the objections are clearl.r apparent, so ion gi\"'en, and that, too, fa.vomiJle to tho eqnities of the pat1:ies claiming reliuf, with cqunJ. caro and deliberation should Congress undertake to sa.1 that a bill which will he seen from the following record~:~ of tlle Senate and letters from tl.ie Becre- the President, for reasons given, says ought not to become ala w sh:lll become such. ta.ry of the Treasury and Commissioner of Internal Revenue. ~ 1876. CONGR.ESSIONAL RECOR.D-HOUSE. 3229 This subject was before the Forty-third Congress. On the 5th day of .January, Second. That. it was not hastily or inconsiderately passed. or without asking for 1A7,1, Senator McCREERY, of Kentucky, submitted to the Senate the following reso- ancl r~ceiving information from the Treasury Department on the sn~ject.. lution. which was on that day unanimously agreed to: Thirdly. That tho letter of the Secretary of the Trea~ur:v. upon which the veto " Resolved, That the Secretary of the Treasury be requested to furnish tQ the of the President rests. was evidently written, as was also the report of the Com- Senate the papers on file with the Commissioner of Internal Revenue in the case of missioner of Internal Revenue, in a hasty ancl inconaideratemanner.lf!ld in a way W. T. Cheatham, distill~r in the second district of K entucky, with an opinion from calculated to mislead, aml which evidently did mislead, tho President. saicl Commissioner of Internal Revenue as tQ the equity of a drawback of $164, al- Had these officials but consulted the recorfls of their re..,pective ofl:ices. the letter lo:!ed to bavo been improperly and unlawfully collected by the revenue officers of of the Ron. Secretary of the Treasury woulll not, as it does, have contained an im- 11aicl district." ' plied censure of the Committees on Claims of Senate a.nd Honse for not, as be states, On the 15th of .January, 1874. the Secretar~' of the Treasury, in response to the calling attention of bis office to the subject. nbove rf'solution, addressed to the then President pro tempore the following com- Your committee, therefore, iu view of the facts of the case as here presented, munication, accompanied with a letter from t-he Commissioner of Internal Revenue, respectfully report. back Senate bill No. 489, with the unanimous recommendation which is also here given: that it pass, notwithstandin~ the objections of the Presillent. TREASURY DEPARTl\!E~"T, Wa,shington, D. 0., January 15, 1874. The PRESIDENT pro tempore. The question is, "Shall the bill pass SIR: As requested in the Sonr~.te resolution of the 5th inst.ant, I herewith trans- notwithstanding the objections of the Presiuent f" which question mit the papers in the case of W. T. Cheatham, distiller in tho second district of must be taken by yeas aml nays. Kentucky1 to~ether with tm opinion of th~ Commissioner of Internal Revenue as The question being taken by yeas and nays, resulted-yeas 46, nays to the eqwty of refunding to the saicl Cheatham the sum of $164. 0 ; as follows : Very respect..fully, WM. A. RICHARDSON, Secretary. YE.A.S-Messrs. Alcorn, .Allison, Bayard. Bogy, .Booth, Bruce, Burnside, Cam- Ron. M. H. CARPE:>.'TER, eron of Wisconsin, Caperton, Clayton. Cockrell; Cooper, Cragin, Dawes. Eaton, President of the Smate pro tempore. 1 Ferry, Goldthwaite, Hamilton, Hamlin, Harvey, Hitchcock, .Jones of Florida, Kelly, Kernan, Key, Logan, McCreery, McMillan, Ma.xey, Menimon, .Mitchell, The letter of the Commissioner is as follows : Morton. Pa.~ldock, Patterson. Randolph, Ransom, Sar~ent, Saulsbury, Sherman, TREASURY DEPARTMENT, 0FFfCE OF L'ITEUNAL REVE~'UE, Wadleigh, Wallace, West, Whyte, Windom, Withers, and Wright-46. lVashingwn, D. 0., Janua?'!J 13, 1874. N.A.YS-0. Sm: In response to the inclosecl resolution of tho Senate, I herewith transmit to .A.BSENT-Mossrs . .Anthony, Thmtwell, Cameron of Pennsylvania, Christiancy, you the origiua.l application on form 46 of E. H. Luckett and G. B. Tsler, as~ignees Conkling. Conover, Davis, Dennis, Dorsey, Edmunds. Engli h, Frelin~hnysen, aud sureties on the distiller's bond of William T. Ghea.thttm, of the second 1listriot Gordon, How.•, Ingall'l, .Johnst{)n, .Jones of N11vada, McDonald, Morrill of Maine, of KMtucky, together with all the papers accompanyin~ said application, asking Morrill of Vermont, Norwood, Oglesby, Robertson, Sharon, Spencer, Stevenson, to have refunded the sum of $164. It appears from the correspondence of this Office antl Tbnrman-27. with Collector .J. R. Rend that William T. Che..'l.tham was iu arrears for taxes due The PRESIDENT pro tempo-re. Two-thirds of the Senate having from him as distiller i but if it shall, however, he shown that an the whisky in bond ba.(l been solu t{) bona fide purchasers and that the taxes due thereon had been ten- voted in the affirmative, the bill is passed. llcretl to the colloctot· prior to the 14th day of Decemhor, 1869, (the day of permanent IMPEA.CHl\lENT OF W. W. BELKNAP. discontinuance uf saill William T. Cheatham's distillery,) and before seizure and distraint., then I am of opinion that Wilii.mu T. Cheatham has an equita.blocla.im :Mr. CRAGIN. I move that the Senate proceed to the consideration to have refunded to him the amount paitl by him for store-keeper's s:ilil.ry after of Senate bill No. 728. the permanent discontinuance of his distillery. The PRESIDENT pro tempore. Pending which motion, the Cha.i r Very reJ'Ipectfully, .J. W. DOUGLASS, Oommissioner. :lnnounces that, twelve o'clock and thirty minutes having arrived, Ron. W . .A.. RICHARDSON, the legislative and executive business will be suspended, atd pmsu- Secretary of the Treasury, Washington, D. 0. ant to oruer the Senate proceeds to the consideration of the articles It will be perceived from this letter that the Commissioner submits a question of of impeachment exhibited by the House of Representatives against fact, and then declares in tho most positive te•ms that if this question is found a William W. Belknap, late Secretary of War. The Sergeant-at-Arms Cl'rta.in way, then it is his "opinion t.bat William T. Chea.tha111 has an equitable will clear the galleries and close the doors. cl:tim to have reftmded to him the amount paid by him for stot·e-keeper's salary The Senate then proceeded to the trial of the impeachment of after the p<>rmaneut discontinuance of his distillery." That is to say, the Commis~>ioner declares that ''it appears from tho correspond- William W. Belknap, late Secretary of War. ence of this Office with C•1llector .J. n.. Rend that W1lliam T. Ghea.tb~m was in The Senate sitting for the trial of the impeachment of William W. al'J'ears for taxes due him a.q distiller." But Pays the Commissioner further: Belknap having adjourned then resumed its "But if it shall, however, be shown th:lt all tile whisky iu bond bad been sold to bona fide purchasers and that the taxes duo thereon had been tendered to the col- LEGISLATIVE SESSION. lcoc tor prior to the 14th day of December, 1869, (tile day of permanent 11iscontinua.nce On motion of Mr. ALLISON, (at three o'clock and forty-one minutes of S;lid William T. Cheatham's distillery,) and before smzure and distraint, tllen I am of opinion that William 'l'. Cheatham has an equitable claim to have refunclen p.m.,) the Senate adjourned. to him the amount paid by him for store-keeper's salary after the permanent dis- con·inW\nce of his t1istillery." In reference to this q uesti.on, your committee did find as a. matter of fact in their former report upon this bill, and they now find-:tud the evidence is convincing and undisputeu-that William T. Chea.tham bad, prior to December 14, 1869, (the date HOUSE OF REPRESENTATIVES. of permanent discontinuance of his dii:4tillery; and that is a matter of record,) ancl before any seizure or distraint, sold all the whisky in bon(\ to bona fide purchasers, SATURDAY, May 20, 1876. and that he hall also on said clay, December 14, 1809, tendered to the collector of in- ternal revenue all taxes and charges due thereon. Your committee then found, and The House met at twelve o'clock m. Prayer by the Chaplain, Rev. now find, the existence of a state of fncts in reference to this case upon which, if foo nd, the Commissioner of Internal Revenue declared an equity would be created I. L. TOWNSEND. in favor of the relief awarded by the bill under consicleration. The Journal of yesterday wa,s read and approved. To recapitulate: By the provisions of joint resolution of Congress of March 29, JOHN PlTLFORD. 1869, (volume 16, Statutes at Lar;Ze, page 52,) entitled "A ,ioint resolution to snpply omis!enue, he, Cheat- bam, hanng, prior to that dat-e soltl all said liqnor tu tbiru parties, bona fide pur- .Mr. A. S. 'VILLIAMS also, by unanimous consent, from the same chasers; that the collector of saiu dtl:lt.rict wrongfully r;)fuse:l to is:me permit:~ to committee, reported ba-ck, with the recommendation that it do pass, thepurchaserR of 11aid whisky for tb.e rt>moval of the same from the bnndPd ware- tho bill (H. R. No. 559) for the relief of Almeron E. Calkins, late a hou~e for a period of fifteen days in December, 1869. and twenty-six days in 1870, h1 all forty-one days, clurbg wiiicb timoof forty-one days Cheatham was wrong- second lieutenant in the Eighth .Michigan Cavalry; which was re- fully Msessecl the salary of a. store-keeper of saill bonded warehouse, to wit. $4 per ferreu to the Committee of the Whole on the Private Calendar, and da:v, amounting in all tu th11 sum of $164, which amount saitl Cheatham paid to the the accompanying report ordered to be printeu. · collector, and the same bas llet'n paid into the Treasury o.f the United States. JOHN RENTZ. The petitionel"s, Tyler and Luckett, were Gheath.•m's bondsmen to tho Govern- ment as such distiller.. tha.t in consideration of moneys advanced hy Tyler and . Mr. A. S. WILLIAMS also, by unanimous consent, from the same Luckett to said Cheatham, and for his benefit, be, Ubca.tbn,m, transfe1·red to them committee, reported a bill, as a RU bstitnte for House bill No. 303, (H. R. all his right to such monevs so wrongfully collected, anu the right to collect the same. ~o. 3484,) for the relief of John Rentz; which was read a :first and scc- This amo.unt, then, of 164 was wrongfully collected from William T. Cheatham, oncl time, referred to the Committee of the Whole on tho Private anrl ~be Umted States .Treasury has received tho money. Calendar, and, with t.he accompanying report, ordered to be printed. It IS not the case where a party hassnfforerl by the wrongful ad of a public officer, and where tho Government bas reape(l no bene lit; it is just the rt>vCrs(l. Bv tbe ADVERSE REPORTS. wrongful act of the collector Mr. Cheatham was compelled to pay wTongfully"StG4, Mr. A. S. WILLIAMS also, by unanimous consent, from the same which money. so wrongfully collected. went into tho pnblic Treasury, and it (the Treasury) has become, ~o to speak, the receptacle of money of a private citizen to just committee, reported adversely on the following bills and petitions; that amount, and b:v every rule of equity and good morals it should disgorge. i11is and they were laid on the table, and the accompanying reports or- is the ll'Otl !ltateme.•t of this case, free frOm all exagge!·ation or emboUisliment. .And dert'd to be p1·inted: so far from thero beinJ!, as stated by tho ~ecretury of the'l're3sury, "valid :toclse- The bill (H. R. No. 2045) for the relief of William 0. Cory; rioos objections to tho appmval of this bill." there is not an objection tbat can be sncuesRfnlly urged against it., while equity aml good conscience and 1mblic ruomls The petition of Charles Valier, late sergeant Company M, Seventh 11uite in it-:! ~"Upport. Again, it is not the fact tbat the T tl'asnry Depa1tment was Illiuois Cavalry, for three months' ext.ra pay as second lieutenant; not consulted, bot, as ha.q been shown, its opinion was solicited anrl received in the 'I'be petition of Colonel Marshall and others, of the retired list of must formal manner 1.'"1lown to the proet.'edin ~s of the Senate in such cases. the United States Army, for assignment to active duty; and Your committt~e therefore btlg, respec tfull~·, to subruit- 1 irst. That th e bill is ono that commends itself to the favoraUle consideration o The petition of S. G. Young, asking that veterinary surgeons be tlie Senate, and shonlfl become a law. placed on the same footing as Army su rgeont~. 3230 CONGRESSIONAL RECORD-HOUSE. MAY 20, THURMAN AND FROST. R. No. 3490,) as a substitute for House bill No. 259, for the relief pf Mr. TUCKER, by unanimous consent, from the Committee of ·ways Jam.es ,V. Love, postmaster at Patriot, Indiana; which was referred and Means, reported a bill (H. R. No. 3485) for the relief of Henry to the Committee of the Whole on t.he Private Calendar, anu the Thurman and Wh~te Frost, under t,he name of Thurman and Frost; a-ccompanying report ordered to be printed. which was read a first a.nd second time, referred to the Committ.eeof CHARLES C. REYNOLDS. the Whole on the Private Calendar, and, with the accompanying re- Mr. BRADLEY also, by unanimous consent, from the same com- port, ordered to be printed. mittee, reported a bill (H. R. No. !1491) for the I'elief of Charles JAl\IES F. BUCKNER. C. Reynolds, of Milford, Indiana; which was read a first and second Mr. TUCKER also, by unanimous consent, from the same committee, time, referred to the Committee of the Whole on the Private Calen· reported a bill (H. R. No. 3486) for the relief of James F. Buckner; dar, and, with the accompanying report, ordered to be printed. which was read a first and second time, referred to the Committee of VAN B. BOWERS. the Whole on the Private Calendar, and, with the accompanying re- Mr. BRADLEY also, by unanimous consent, from the same com- port, ordered to bo print.ed. mittee, reported back, wit-h the recommendation that it do pass, JOHN 8. GERTSUNG. the bill (H. R. No. 92) for the relief of Van B. Bowers, postmaster at Mr. McMAHON, by unanimous consent, introduced a bill (H. R. Bucklin, Missouri ; which was referred to ~be Committee of the Whole No. 3487) for a pension to John S. Gertsung, of the Fourth United on the Private Calendar, and the accompanying report ordered to be States Cavah·y; which was read a first and second time, referred to printed. · tl1e Committee on Invalid Pensions, and ordered to be printed. H. R. FRAl\IPTON. MARY E. WOLFORD. Mr. BRADLEY also, from the same committee, reported adversely on the bill ·(H. R. No. 856) for the relief of H. R. Frampton ; which Mr. BOONE, by unanimous consent, introduced a bill (H. R. No. was laid on the table, and the report ordered to be printed. 3488) for the r~lief of Mary E. Wolford, of Kentucky; which was read a first and second time, referred to the Committee of Ways and Means, SOLOII:ION BOOKS. and ordered to be printed. Mr. BRADLEY also, from the same committee, reported adversely CAPTAIN SAMUEL ADAMS. upon the bill (H. R. No. 378) to provide for the payment of Solomon Books for services as mail-route agent; which was laid on the table, Mr. PHILIPS, of Missouri, by unanimous consent., from the Com- and the report ordered to be printed. mittee of Claims, reported a bill (H. R. No. 3489) for the relief of Cap- tain Samuel Adams; which was read a first and seconu time, referred C. B. DA.VIS. to the Committee of the Whole on the Private Calendar, and, with Mr. BRADLEY also, from the same C{Ommittee, submitted a report the accompanying report, ordered to be printed. upon the petition and claim of C. B. Davis aud others; and the same was laid on the table. SARAH E. GARLAND AND FRANK M. HOPPIN. GEORGE W. SPATES. Mr. PHILIPS, of Missouri, also, by unanimous consent, from the Mr. CABELL, from the Commit.tee on War Claims, reported, with a same committee, reported back, with a favorable recommendation, favorable recommendation, a bill (H. R. No. 349-2) for the relief of the bill (H. R. No. 515) for the relief of Sru.'ah E. Garland and Frank George ·w. Spates, of Maryland; which was read a first and second M. Hoppin; which was referreh any men, were to pre~ent thems~l ves as counsel, it would Lte a very p~per subsequent lien upon it. But it might be fairly gathered, from the inquiry if they were authonzed to act as the counsel for the particu- fact that the Post-Office Department assumes its present ground, that lar interest in which tht>y appeared. the Government's right under the contract was not affected by this Mr. DURHAM. I a(J'ree with the gentleman except in this, that sale upon a prior encumbrance. There must be some additional fact; the authenticity of a single letter might sometimes be called in ques- and t.herefore I wish to ask the gentleman from North Carolina [Mr. .tion. WADDELL] whether-this subject has been referred by the Post-Office Mr. HOAR. I think the resolution is specific enough. Department to t-he Attorney-General for Lis opinion? The resolution was adopted. ?!h. WAD DELL. I do not think it ever has. The Postmaster-Gen- POST-ROUTE IN TENNESSEE. eral seems to be actin~ nnrler qu-asi instructions from the Quarter- master-General. The Postmaster-General is anxious to put on the Mr. WAD DELL. I ask unanimous consent to report from the Com- service, and thinks it wrong that the people should be denied this mitt-ee on the Post-Office and Post-Roads a bill, (H. R. No. :3495,) as p1·ivilege. a substitute for Bouse bill No. 3G3, a bill for the relief of the mail Mr. HOLMAN. They may assume that the State of Tennessee-- contractor on route No. 19319 in Tennessef\, Mr. \VADDELL. It is a mere construction of law put upon this The bill :mthorizes the Postmaster-General to put mail service on the contract by the War Department. McMiunville and Manchester Railroad from Tullahoma to McMinn- Mr. HOLMAN. They may assume that the State of Tennessee was ville, in the State of Tenuessee, in the same manner as U?W provid~d a part to the contract. by law for railroad mail transportation, and that the earmngs for srud Mr. WAD DELL. Pardon me. The State of Tennessee by its legis- service shall not be withheld on account of any claim due, or alleged lation has assumed all responsibility for the amount due the Gov:. to be due from the old corporation of the McMinnville and Man- ernment, and still they cannot get the mail on that route. chester R~ilroad to the United States. Mr. HOLMAN. One other question. The gentleman from North Mr. DUNNELL. Is that bill reported from any committeef Carolina has the letter-- The SPEAKER pro tempore. It is reported from the Committee on Mr. WADDELL. I have all the papers. the Post-Office and Post-Roads. Mr. HOLMAN. The gentleman quoted from a letter from the War Mr. HOLMAN. I belieye this bill is subject to a point of orcler. Department. .· The SPEAKER pro tempore. Is there any objection to its considera- Mr. W .AD DELL. I will have it read, if the gentleman desires it; tion at the present timeT I did not de~m it necessary to take up that much time. Mr. HOLMAN. In the.allsence of anyexplanation-- Mr. HOLMAN. I hope it will be read. :Mr. ·w AD DELL. I propose to make an explanation, if I can be Mr. DIBRELL. ·I have here the acts of the Legislature of the State permitted to do so. of Tennessee granting aid to the railroads of the State, including this Mr. HOLMAN. I will reservo my right to object nntil the gentle- road; also the acts assum~~ ~ability in case the Gove:n!Dent bel~ a man from North Carolina [Mr. WADDELL] shall explain the purpose lien on the road, and proh1b1tmg the company from g1vmg any lien and nece.ssity of the bill. It is impossible. to tell the effect of this superior to the lien of the State of Tennessee. I will state further m<•asure from hearing it read. that when I came here in December last the Postmaster-General pro- Mr. WAD DELL. I do not propose to have the Honse act without posed to put the mails back upon this railroad, provided the contract- full explanation of the reasops which prompted the committee to ors would take the chance for their pay. I went to see the Secretary report this bill. The facts are simply th~: In 1852, under a .gen~ral of War, Mr. Belknap, and he bad no objection; but, on going to the act of the LetYislature of the Stat-e of 1ennessee, the McMmnville Quartermaster-General, I found that he object-ed. aucl Manches~r Railroad was constructed, running from McMinn- Mr. WAD DELL. I now ask that the Clerk read the letter which villll to a place called Tullahoma, a dist~nce of one hundred. a~d I send to the desk. thir1 y-tive miles. The Sta.te of Tennessee 1ssued he~ bonds t.o. a1d m The Clerk read as follows : t.lle construction of that ra1lroacl to the amount of $350,000. Daectly after the war, in 1866, the State of Tennessee issued additional bonds W A.R DEPARTME:sT, QUARTERMASTER-Gm:ERAL'S OFFICE, Washington, D. 0., December 11, I875. to the extent of $300,000, making a. debt of $650,000, for which she SIR: In the matter of the request of Hon. G. G. DIBRELL, concuned in by Hon. had become responsible on behalf of this road, and to secure which ~:;be D. M. KEY, that the order suspending the carrying of the mails on tho McMmn- took a first mortgage on the road. . . ville and Manchester Railroad be l'eScinded or suspended, I have the honor to 1"6- In tho same year, 18ti6, the Quar~rmaster-General sold !o. th1s rail- port that iu Febmary and .June, 1866, the McMinnville and Manchester Railroad road some rolling-stock and matena1, and one of the cond1t10ns npon Company purchased of the United State.'> rail w~y material to the valne of $46,508.54, upou the terms aml conditions of executh-e orders of August 81!-nd Octobor 1-t, I8ti5. which the sale wa-s made was that all dues from the Government to Ono of the conditions on which the propor·ty was sold to tho ratlroad company was the road whether for carrying the mails or otherwisE\, should be with- that all Go~ernment dues for carrying the mails Rhould be reta~.ed lllld appli~d to he)(} unth that rolling-stock bad been paid for, which was all right. the liquidation of the debt. The company accepted these conditions and rece1vod ln 1870 the State of Tennessee ordered that all railroads delinquent theInterest property. lias accumulated upon the debt to tho amount of $37.505.12, anrl paymrnts to the State should be solcl under the mortgages held by tbe State, havo been m:ule to the amount of $14.25, leaving due the United Staws December and this railroad with others was sold. This railroacl was purchase{l 1, 1875, $83.999.41. bv the Memphis and Charleston Railroad Company for $300,000, not None of the postal earnings of the road have been paid over to this Department, one-half the amount due the State. The Memphis and Charleston the and but a small sum, $5,054.37, bas been earned, as the mails were not eanietl on roaJ prior to .July 1, 1870, and have not been carried since Jnne30, 1873. Railroad continued to carry the mails on this route, but when tbey Some time prior to July I, 1870, the roatl being indebted to the State of Tennessee presented their bills for payment the Postmaster-General, u?cler in- for bonds loaned t.o aid in t.he construction of the road, the ~overnor of the State structions a-s it sePms from the Quartermaster-General, refused to took possession of the road and appointed a receivm· thereof; ho then leased the pay the new corporation because tho contract by the old corporation road and the lessee commence(! carrying tho mails and claimed pay for so doing. On the 25th of .August 1!371, a full statement of the case. setting forth the de. to pay for this rolliug.stock had not been complied with; whore upon mands of the le see for 'payment and the action of this Office in resisting those the new corporation stopped carrying the mails. demands, also tbe fact. that suit was pen.din~ against the company to recover tbe The Post-Office Department were thus compelled to make a con- amount due the United States, wag subm1tte11 to the Secretary of War. tract with a man who has been carrying the mrul in a hack from 1873 theThe Quart-ermaster-General gave hiR reasons for refusin~ to I?ermit p~yment of postal earnin"'S to be made to tho lessee, and asked for mstruchons as to to this time. That hack line runs directly hy the side of this railroad. whether ho sbouiJ' permit the lessee t.o receive from the United States too Juoney The man who runs the ba-ck line has leased the railroad, but be con- duo from such carnmgs; whether e:xecntive orders should be obey~d and adht-red tinues to run the back line alongside of th~ railroad, at a cost to the to or the Post-Office Department a-dvisecl to pay the money to the railroad company Government of $"2,000 a year, whereas the regular mail pay on the instead of retaining it to be applied to reduce the debt due tl1e United Statt-s by the railroad company. The Secretary of War, on the 19th or September, I811, re- railroad route would be ooly about 1,700 a. year. In the mean time, pli<.!d as follows: ttln counties of the State of Tennessee are denied the mail facilities "IWn:y,' until tho indebtedness referrc•l to is (lischarged." . . cause an immlvent corp(lrat.ion, which ba1:1 \Jet}n sold ont under mort.- On the 15th d.ay of July, 1B71, the State solll the road to the Mcl'fmnVIIle :md 3232 CONGRESSIONAL RECORD-HOUSE. ~fAY 20, Manchester Railroad Company, and the company subsequently sold it to the Mem- to press my objection, although I should greatly have preferred that phis and Charleston Railroad Company. this CJnestion had gone to the law officer of the Government that he On th 2d of July, 1873, the Quartermaster-General was informed by the Sec- ond Assistllnt Postmaster-General that postal service on t.he roarl had been discon- might have given a full opinion upon it. tinued in con equence of the refusal of the Der.artment to allow the postal earnings 1\Ir. WADDELL. If t.be GovernmentrecoversjunO'mentin this suit, to be Jmid to the Memphls and ChnrleRton Ra1lroad Company. the State of Tennessee, under an act already passed, assumes all the On the 11th of July, 1873, the Second Assistant Postmaster-General r eferred to this Office a communication from Mr. ::MA.rbury, prrsident of the McMinm·ille and responsibility. Mancbest<>r Railroad Company, and said: "Jt. is hopecl that. if possible some ar- The SPEAKER pro tempore. The Chair understands that the objec- rangement might be effected which will obviate the difficulti<·s now existing and tion to the bill is withdrawn. enable tills Department to secure postal s_ervice on the McMinnville and .Manchester Mr. HOLMAN. Yes, sir. .Railroad." The SPEAKER pro tempore. The bill is then before the House. This communication was submitted to the Secretary of War, with report., on the 20th of July, 1815, for in tructions. attention being invited to the report of 1871. Tho bill was read a first and second time. The Quartennaster-General then said: "I cannot recommend that the Govern- Mr. CANNON, of Illinois. I wish to say one word only. As a mem- ment yield to the railroad company in this matter; if this was the only comnany ber of the Committee on the Post-Office and Post-Roads, I wish to imlebted to the United States and if, even in this case, thero was boyoml question other complete and ample security for the payment of the debt due the United state that for oue I do not concur in the recommendation of the ma- States, I would, rather than cause trouble to the Post-Office Department in its jority of the committee. postal matters, yield the point; but as it would be a precedent for other indebted Mr. WAD DELL. It is very stra.nge for the gentleman to say that. companies to seize upon, I think the Department sl10uld adhei'O to its previous This is the unanimous report of the committee. action." Mr. CANNON, of lllinois. Not at all. To this communication the Secretary of War replied on the 4th of August, 1873, as fol1ows: "The indorsement of the Secretary of War, dated September 19, 1871, Mr. WAD DELL. The committee unanimously agreed to this sub- on the Quartermaster-General's report of August 25, 1871, is adhered to." stitute. The Secretary further directed that tho papers be forwarded to Messrs. Perry Mr. CANNON, of illinois. Not at all. and Matthews, counsel for the Unit(:'d States, to be consitlered in connection with the snit pending a,gainst. the railroad company, and wilh request that the counsel Mr. WAD DELL. I refer the gentleman to every other member of will be plea.·ed to communicate to this Departrucr~t such su~gestions regardiu~ the the committee to say whether it is not the fact. claim now preseuted by the Memphis and Chattanooga. Railroad Company as in Mr. CANNON, of 'Illinois. If such action was had, it was at some their opinion the case demands. time when I was not present. The last time this matter was consid- The papers were all t.ransmitted to Messrs. PetTy and Matthews on the 6th of August, 11'!73, but no reply bas been rccch·ed. ered the gentleman from Iowa [Mr. AINswORTH] and myself refused The suit against the rnilroad company has not yet been tried, and it is thon,gbt to concur. that no trial should be had until after t.be <·xpiration of ono year from }'ebruary27, Mr. WAD DELL. This is not the original bill, but a substitute upon 1875, the liruit to the time in which the debt of the company can be compromised which we all agreed. under the act of February 27, 1875. It is claimed by this Department that the rights of the United States are not The bill was ordered to be engrossed and read a third time; and affectetl by the sale of the road by the State of Teunc ·see; also, that those Ii,ghts being engrossed, it was accordingly read the third time, and paasell. are not afl'ecterl by any claim the com,t>any have for iron removed from the road by Mr. WAD DELL moved to recon ider the vote by which the bill was · the United States duriug the war, a>4 It was raptured propert.) . The A<·ting Quartermaster-General does not recommend any modification of pre- passed; and also moved that the motion to. reconsider be laid on the vious instructions of the Secretary of Wat· on this subject. table. The letter above referrNl to is herewith returned. The latter motion was agt'eed to. I am, very respectfully, your obedient servant, RUFUS ING A.LLS, DA.l.~IEL CLARY. Acting Quarteru, a.~ ter-tJeneral, Mr. HEWITT, of Alabama, by unanimous consent, from the Com- Brevet Major-General United States Army. mittee on Invalid Pensions, reported back, with a recommendation To the Hon. SECRETARY OF W A.R. tbat it pass, the bill (H. R. No. 3143) granting a pension to Daniel The SPEAKER pro tempore. Does the gentleman from Indiana Clary; which was referred to the Committee of the Whole on the [Mr. HoLMAN] withdraw his objection f Private Calendar, and the accompanying report ordered to be printed. Mr. HOLMAN. Before withdrawing my objection, I wish to state LEMUEL L. LAWRE.l.~CE. that this measure involves a question of law as t.o the effect of the Mr. HEWITT, of AlH>bama, also, by unanimou8 consent, from the sale of this property under the prior lien of the State of Tennessee- same committee, reported back, with a recommendation that it pass, whether that extinguished the arrangement made subsequently be- the bill (H. R. No. 3319) granting a pension to Lemuel L. Lawrence, tween this company and the Government in 1866. Now, the ground late second lieutenant of Company B in the Sixth Regiment Illinois on which the counsel for the Government insisted that this lien was Cavalry Volunteers ; which was referred to the Committee of the not affected by the sale by the State of Tennessee is not stated; but Whole on the Private Calendar, and the accompanying report ordered it does seem to me that the gentleman from North Carolina shoulu to be printed. _ have had this subject referred to the law officer of the Government JAMES KILE. to ascertain the gronnd upon which this claim of the War Depart- Mr. BAGBY, by unanimous consent, introduced a bill (H. R. No. ment was asserted. It can only be asserted, I presume, upon the as- 3496) grantjng a pension to James Kile, late private Company I, Sev- sumption that the State of Tennessee had acquiesced in the act of enteenth Illinois Volunt-eers; which was read a first and second time, this company in entE\ring into this contract with the Government. I referred to the Committee on Invalid Pensions, and ordered to be wish to nsk the gentleman from North Carolina whether he does not printed. consider that the question how far the State of Tennessee may have JAMES B. TREADWELL. acquiesced in this act of the company so as to supersede its prior lien is a proper subject to be inquired into before the passage of this meaa- Mr. BAGBY also, by unanimous consent, from the Committee on uref Invalid Pensions, reported a bill (H. R. No. 3497) grant.i.ng a pension Mr. WAD DELL. I will say in reply to the gentleman from In- to James B. Treadwell, major Eighty-fifth Regiment Pennsylvania diana that the State of Tennessee was no party to this proceeding in Volunteers; which was read a first and second time, referred to the any sense. The iron was taken up from this road during the war by Committee of the Whole on the Private Calendar, and, with the ac- the Government and laid down upon the Chattanooga Raill'Oad. After companying report, ordered to be printed. · the war, this road having been stripped in that way, the Government ARTHUR W. ffiVING. loaned this iron. Mr. BAGBY also, by unanimous consent, from t.he same comm.itt.ee, But there is one consideration which seems to me a sufficient an- reported a bill (H. R. No. 3498) granting a pension to Arthur W. Ir- swer to all objections. What earthly good will it do for the Govern- ving, late private Company C, One hundred ann fourth New York Vol- ment to continue to occupy the attitude it bas heretofore taken in unteers; which was read a first and second time, referred to the Com- this matter f The Government cannot force the new owners of the mittee of the Whole on the Private Calendar, and, with the accompany- road to carry the mails; they have refused to do so. The Govern- ing report, ordered to be printed. ment is obliged to make a contract with them. What, then, is to be gained by refusing to pay the new lessees of the road for carrying the JULIETI ·A. HEl>.'DRICKSON. United States mails f What is accomplished by that, except to pun- Mr. BAGBY also, by unanimous consent, from the same committee, ish the innocent people of those ten counties by denying to them mail reported back favorably a bill (H. R No. 2768) granting a pension to facilities' The former corporation, which was insolvent, has been JuliettA.. Hendrickson, wiuow of William L. Hendrickson, Jate pri- sold out, and the Government can make nothing by withholding mail vate Company E, Twenty-eighth Regiment Illinois Infanr.ry Volun- facilities from the people. teers; which was referred to the Committee of the Whole on the Pri- Mr. HOLMAN. There is another consideration-- vate Calendar, and the accompa-nying report ordered to be printed. The SPEAKER JJI'O tempol'e. His very irregular to have an objec- DALTON HL.~CHl\fAN. tion reserved in this way while the debate upon the measure proceeds. Ml'. HOLMAN. Just one word before withdrawing the objection. Mr. BAGBY also, by unanimous consent, from the same committee, Mr. Speaker, it is quite manifest that the Government bas a snit pend- reported ba-ck favorably a bill (H. R. No. 1479) granLiug a pension to ing to recover this 3,000, and the right of action of course is not Dalton Hinchman; which was referred to the Committee of the Whole aft'eoted by this proceeding. I hold, however-and I believe that this on the Private Calendar, and the accompanying report ordered to be is be~inning to be understood as the settled law of this country-that printed. the uovernment of the United States under its constitutional au- THOl\fAS W. HEWITT. thority to establish and re~nlate post-roads may require this company Mr. BAGBY also, by unanimous con~ent, from the same committee, to transport its mails, paymg, of course, in some form or other, a rea- reported back favorably a bill (H. R. No. 2120) granting a pension to sonable compensation. I am not disposed upon the facts presented Thomas W. Hewitt; which was referred to the Committee of the 1876. CONGRESSIONAL RECORD-HOUSE. 3233 Whole on the Private Calendar, and the accompanying report ordered Mr. GARFIELD. I demand the previous question on the bill. to be printed. The previous question wa8 seconded and the main question ordered; JOHN FREY. and under the operation thereof the bill was ordered to be engrossed Mr. BAGBY also, by unanimous consent, from the same commitree, and read a tllird time; and being engrossed, it was accordingly read reported back favorably a bill (H. R. No. 2472) granting a pension to the third time, and passed. .John Frey; which was referred to the Committee of the Whole on Mr. GARFIELD moved to reconsider the vote by which the bill the Private Calendar, and the accompanying report ordered to be was passed; and also moved that the motion to reconsider be laid on printed. the table. WILLIAM "BUCKLEY. The latter motion was agreed to. JOHN M. ENGLISH. Mr. BAGBY also, by unanimous consent, froni the same committee, . reported a bill (H. R. No. 3499) granting a pension to William Buck- Mr. YEATES, by unanimous consent, from the Committee on In- ley, private Company C, Fiftieth Ohio-Volunteers; which was read a valid Pensions, reported back, with the recommendation that it do first and second time, referred to the Committee of the Whole on the pass, the bill (S. No. 708) for the relief of John M. English, of North Private Calendar, and, with the accompanying report, ordered to be Carolina. printed. The bill was read. It instructs the Secretary of the Interior to di- MRS. ANN ANNIS. rect the pension agent at Raleigh, North Carolina, to issue a dupli- cate check, No. 8424, for $1,334, in favor ..of John M. English, for one Mr. BAGBY also, by unanimous consent, from the ~arne com~ttee, lost in the mail on May 11:3, 1875; provided that the Secretary of the reported back favorably a bill (H. R. No. 3011) granting a pensiOn to Interior be satisfied that the same has not been paid, and provided Mrs. Ann Annis; which was referred to the Committee of the Whole that said Engiish shall first execute a bond and give sufficient sure- on the Private Calendar, and, with the accompanying report, ordered ties, to be approved by the Secretary of the Interior, to hold the to be p~inted. ' United States harmless against the double payment of said check. ELVIRA KIDD. Mr. YEATES. A joint resolution identical in substance with this Mr. BAGBY also, by unanimous consent, from the same committee, bill passed this Honse and went to the Senate. The Senate put it in made an adverse report in the case of Elvira Kidd, widow of Dr. the form of a bill. It has been again before the Committee on In- William H. Kidd, of the board of enrollment, first district of Ken- valid Pensions and they recommend its passage. tucky; which was laid on the table, and ordered to be printed. The bill was ordered to be read a third time ; and it was accord- ingly read the third time, :md passed. WILLIAM C. SHThiONECK. Mr. YEATES moved to reconsider the vote by which the bill was Mr. BAGBY also, by unanimous consent, from the same committee, passed; and also moved that the motion to reconsider be laid on the reported back the petition of William C. Shimoneck, asking for a ta"Ble. pension, and moved that it be laid on the table and the report printed, The latter motion was agreed to. as a pension had been granted at the Pension Office. NELSON AINSLIE. The motion was agreed to. Mr. SINNICKSON1 by unanimous consent, from the Committee on COLLECTORS OF INTERNAL REVENUE. Invalid Pensions, reported, as a substitute for House bill No. 1269, a. Mr. GARFIELD, by unanimous consent, from the Committee of bill (H. R. No. 3500) granting a pension to Nelson Ainslie; which was Ways and Means, reported back, with amendments, Honse bill No. read a first and second time, referred to the Committee of the Whole 292"2, to authorize the Secretary of the Treasury to make allowances on the Private Calendar, and, with the accompanying report, ordered for compensation to collectors of internal revenue who went out of to be printed. office prior to February 8, 1875, upon final settlements of their ac- CATHARINE HAGAN. counts; which was read a first and second time. Mr. SINNICKSON also, by unanimous consent, from the same com- The bill, which was read, authorizes the Secretary of the Treasury, mmittee, reported, as a substitute for H(luse bill No. 1625, a bill (H. upon final settlements hereafter made with collectors of internal rev- R. No. 3501) granting a pension to Catharine Hagan ; which was read enue who went out of office prior to the 8th day of February, 1875, to a first and second time, referred to the Committee of the Whole on the make such additional allowances of compensation as he may deem Private Calendar, and, with the accompanying report, ordered to be just and equitable to such of said collectors as he, from the territorial printed. extent of their collection districts, or from other proper considera- ELIZABETH D. STONE. tions, may consider justly entitled thereto ; but the total Hct com- Mr. SINNICKSON also, by unanimous consent, from the same com- pensation of any such collector shall not in any ca-se exceed the rate mittee, reported back, with the 1·ecommendation that it do pass, the of 4,500 per annum ; provided that the power herein conferre.d upon bill (H. R. No. 1566) granting a pension to Elizabeth D. Stone; which the Secretary of the Treasury shall continue for twelve months from was referred to the Committee of the Whole on the Private Calendar, and after the passage of this act and no longer. - and, with the a-ccompanying report, ordered to be printed. Mr. GARFIELD. I move to put the bill on its passage at this time, M. A. AND D. G. NOBLES. and shall ask to have printed letters from the Secretary of the Treas- ury and the Commissic;mer of Internal Revenue (not wishing to de- · Mr. SINNICKSON also, by unanimous consent, from the same com- tain the House by having them read) showing they both approve of mittee, reported a bill (H. R. No. 3502) granting a pension to Maggie the bill. The letters are as follows: A. Nobles anq Daniel G. Nobles; which was read a first and second TREASURY DEPARTMENT, time, referred to the Committee of the Whole on the Private Calendar, OFFICE OF THE COMlnBSIONER OF INTER..~AL REVENUE, and, with the accompanying report, ordered to be printed. Washington, May 4, 1876. PIDLIP ROHR. Sm: Referring to House bill No. 292-J (Forty-fourth Congress, first session,) re- ferrenrolled with the indi vidu. not be dragooned into supporting the memorial, characterizing it as iL als of one or the other of said bands, and are now on tho lists and pay.rolls and piece of political clap-trap to which they would not give their assent. receive allowances of money and property under the treaties; and that deponent Asking pardon of the House for occupying so much time, I submit the believes eooh and every of them voted for A. S. McDill for member of Congress at entire direction of the matter to the committee having it in charge. the general election in 1874. :Mr. CASWELL. I ask pe1·mission to say a word in reference to After my answer wa~ filed the subject waa extensively discussed what has been said by my colleague who has just made a personal by the papers in the State, especially by those in the district, and I explanation. assert here that t}le fact of such voting has not at any time by any- The SPEAKER pro tempore. Is there objection to the gentleman body been denied. Have Indians or persons belonging to Indian proceeding f The Chair hears none. tribes the right to vote f The constitution of the State of Wisconsin, Mr. CA~WELL. I desire only a moment for the purpose of reliev- in determining who shaH be entitled to vote, includes "persons of ing my colleagne from some impressions which he seems to have and Indian blood who ha.ve been declared citizens by act of Congress;" which really have no foundation whatever, but what I suppose to second, "civilized persons of Indian descent, not members of any be a misapprehension. He criticises the fact that the memorial was tribe." presented to the House in his absence, and I suppose in doing so he From this it of course follows that persons of Indian blood belong- refers to the action of some members of the delega.tion from Wiscon- ing to any Indian tril.le are not voters unless declared uitizens by act sin. of Congress, and there is no pretense that any portion of the Chip- :Mr. CATE. I impute nothlng to them at all iu the matter. I am pewa Indians of Lake Superior have ever beeu declared citizens by informed by my colleague, [M.r. RusK,] in whom I have great confi- act of Congress, and I conclude that t.he people of this country are dence, that the memorial reached the Speaker's desk in some way not anxious to establish a precedent under which every Indian in the without any action of any member of the delegation. land may go unchallenged to the polls and untold mischief result. Mr. CASWELL. My friend has anticipated much of what I was While the great body of the Indians and half-breeds are utterly unfit about to say, that the memorial came to this House through the hands by reason of their ignorance to exercise intelligently the rights and of the Speake1·. No member of the Wisconsin delegation has ever in privileges of citizens, though quite as intelligent as the average plan- any manner, to my knowledge, interfered with it. The memorial tation negro, there are many persons of Indian blood, belonging to passed the Legislature of the Stat-e of Wisconsin, but no meml.ler of Inclian tribes and acknowledging obedience to tribal authority, many this House has had any part in it. The gentleman reflects severely such in the Lake Superior country within my district eminently qual- upon the republican party of that State and perhaps upon the mem- ified to till almost any position to which a citizen may aspire, but who bers of that party in this House. prefer to keep up their tribal relations, though it is hopecl that such Mr. CATE. No, I did not say a word against my republican col- persons will at an early day dissolve their tribal relations for the leagues here. higher and more important position of citizens. Mr. CASWELL. I will not be severe on the gentleman at all if he Mr. Speaker, I have now hnrriedlypassed over the more important will allow me to proceed. features of this matter, but I felt a delicacy in detaining the House Mr. CATE. Not at all; but I do not allow you to misrepresent me. for that purpose, and should not have done so had this memorial been I have made no intimation that my colleagues on the other side have presented in the ordinary wa.y, and referred to the_appropriate com- acted unkindly or interfered in this matter. In my judgment, they. JJij~t~t3 w}tqoup ~~ing publis~ed ~o the world, and I am informed that had no part or parcel in it. _ _ the usual and ordinary pract1Ce IS to refer such cases to a committee Mr. CASWELL. I am obliged to the gent leman for his courtesy 1876. CO.NGRESSIONAL RECORD-HOUSE. 3237 I was in doubt before whether he did not intend to reflect upon the Washington, District of Columbia-to the Committee for the District members of' the republican party here. He· passed a criticism upon of Columbia. some members of the party in the State, and said this memorial had The bill (H. R. No. 3394) granting a pension to Mrs. E. Hubbard, been traveling about the country subject to comment before it was widow of Solomon Hubbard-to the Committee on Revolutionary sent here. Let me say that neither the republican party of the State Pensions. of Wisconsin nor the ~overnor of the State had any hand in the sup- Petition of Robert Quinn-to the same committee. pression of the memona1, but it did slumber in the hands of the sec- Petition of Dudley Taft, of Barre, Vermont, late private in Company retary of state, who ought to have forwarded it to this House. K, Third Vermont Infantry-to the Committee on Military Affairs. Mr. CATE. Allow me to intermpt you. The memorial nev-er went Petition of Hiram S. Lathe, for renewal of pension-to the same to the office of the secretary of state. It went to the office of the committee. governor-the Legislature of Wisconsin is republican-and was by FAVORABLE REPORTS. the governor transmitted here. You will see by an inspection of the Mr. JENKS, from the same committee, reported back, with a rec- memorial that it never has been in th~ office of the secretary of state. ommendation that the same do pass, the following bills; whieh were Mr. CASWELL. I think my colleague is unnecessarily stirred up referred to the Committee of the Whole on the Private Calendar, and about this matter. I do not charge that its suppression was the will- the accompanying reports ordered to be printed : ful act of the secretary of state; but when my colleague. charges upon A bill (H. R. No. 2469) granting a pension to Oliver H. Irons, late the republican party of that State, and especially upon the executive, sergeant Company D, Twenty-third Michigan Volunteers; that the memorial was suppressed by them, I repeat that it slum- .A. bill (H. R. No. 3292) providing for a pension to be paid to Andrew bered in the hands of the secretary of state until a few days before Jackson, colored, of Pittsburgh, Pennsylvania; and it was laid upon the Speaker's table. I was so informed by the gov- A bill (H. R. No. 3415) for the relief of Mrs. Julia H. Totten, widow -ernor, and I cannot be mistaken nor deceived about the action of the of James Totten, late lieutenant-colonel and Assistant Inspector-Gen- secretary, nor in the law of the State which requires that all bills eral of the United States Army. and memorials passed by that body should go directly into the hands of tho secretary of state; and if I am not mistaken this memorial bears THADDEUS S. STEWART. the impress of his sealnpon it. I am informed that it passed into the Mr. JENKS, from the same committee, reported adversely upon secretary's hands immediately upon its passage, as every one who ha~ House bill No. 2666, granting a pension to Thaddeus S. Stewart, and served in a legislative body knows it must for record, and there it the same was laid on the table, and the accompanying report ordered slumbered until the governor's attention was called to it a few days to be printed. before it reached this House. I int-end no reflection upon the secre- BRANNIN, SOl\IERS & CO. t.ary of state, who is a political friend of my colleague. Whether Mr. HILL, from the Committee of Ways and Means, byunanimons its retention in his office was an act of ina{lvertence or not I do not consent, reported a bill (H. R. No. 3508) for the relief of Brannin, know. I make no complaint upon that point. Somers & Co., of Louisville, Kentucky; which was read a first and My colleague made a statement that some time ago Wisconsin was second time, and with the accompanying report, ordered to be printed, republican by 20,000 majority and that at the last election it gave and referred to the Committee of the Whole on the Private Calendar. several thousand democra.t~c majority. Has he forgotten thatfor the last two years the Legislature of t,hat State has beeu republican and GRANT-PEMBERTON MONUMENT. that at the last election we returned to the executive chair a repub- Mr. JOHN REILLY, from the Committee on Military Affairs, re- lican governorf I concede that the democratic party did afew years ported back, with amendments, House bill No. 443, authorizing the ago try the experiment of reform and carried the State, but the peo- Secretary of War to purchase the site of, and attach to the Vicks burgh ple have made haste to correct their error. National Cemetery, the Grant-Pemberton monument at Vicksburgh, Mr. SEELYE. I call for the regular order. Mississippi; which was referred to the Committee of the Whole on RESIGNATION OF A MEMBER. the state of the Union, and the accompanying report ordered to be The SPEAKER pro tempore. The Cha.ir lays before the House a let- printed. ter submitting the resignation of Hon. WILLIAM H. BARNUM, of Con- R. H. MURRILL. necticut. It will be read. Mr. JOHN REILLY also, from the same committee, reported a bill The letter was read, as follows : (H. R. No. 3509) for the relief of the legal representatives of R. H. Mur- SALISBURY, Cmn\'ECTICUT, May 18. 1876. rill, decea~ed, late commissary Tenth Tennessee Cavalry; which was SIR: Having been elected by the Legislature of Connecticut a Senator in Con- read a first and. second time, and, with the accompanying report, or- gress to fill the unexpired term of the late Hon. Orris S. Ferry, I hereby tender to dered t.o be printed, and referred to the Committee of the Whole on you, and t hrough you to the Honse of Representatives, my r esignation as a mem- the Private Calendar. ber of Congress from the fourth congressional dishict of Connecticut. I have the honor to be, respectfully, your obedient servant, ADVERSE REPORTS. WM. H. BARNUM. Mr. JOHN REILLY also, from the same committee, reported ad- Hon. MICHAEL C. KERR, Speaker of the Hottse of Representatives, versely upon the following; which were laip. on the table, and the Washi ngton, D. 0. accompanying reports ordered to be printed: A bill (H. R. No. 3343) for the relief of the widow and children of 1\Ir. BANKS. I move that that Jetter of Mr. BARNUJ\1 be entered on Brigadier-General William Gamble, deceased; the Journal as an acceptance of his resignation on the part of the 'l'he memorial of L. B. Broman, for compensation ; House. The memorial of_Augustus Sprague, for relief ; and • The motion wa-s agreed to. The petiti.on of William A. W. Daly, for back pay as first and sec- APPOINTMENT OF A COMMITTEE. ond lieutenant of the Fifth Indiana Cavalry. !llr. RAINEY, from the Committee on Pensions, reported adversely The SPEAKER pro tempore. The Chair appoints as the select com- on the petition of Peter Campbell, late private in Company G, Sixth mittee of investi~ation into the official conduct of the Clerk of the Maine Volunteers; which was laid on the table, and the accompanying House the followmg gentlemen : report ordered to be printed. Mr. PAYNE, of Ohio; 1\ir. FOIDi'EY, of Alabama; 1\fr. MAISH, of Mr. COOK, from the Committee on Military Affairs, reported ad- Pennsylvania; Mr. WAITE, of Connecticut; and Mr. HENDERSON, of versely upon a bill (H. R. No. 1403) for the relief of the heirs of John Illinois. Jenkins, deceased, who was a lieutenant in the army of the Revolu- W. H. NEWMAN. tion; which was laid on the table, and the accompanying report Mr. WARREN, by unanimous consent, from the Committee on War ordered to be printed. Claims, reported back, with a favorable recommendation, the bill (H. FAVORABLE REPORTS. · R. No. 1655) for the relief of William H. Newman andL. A. Van Hoff- Mr. BLISS, from the Committee on Invalid Pensions, reported the man; which was referred to the Committee of the Whole on the Pri- following bills; which were read a first and second time, and, with the vate Calendar, a11.d, with the accompanying report, ordered to be accompanying repods, ordered to be printed, and referred to the Com- printed. mittee of the Whole on the Private Calendar: MRS. AMELIA L. RICHARDS. A bill (H. R. No. 35.10) granting a pension to Cynthia H. Abbott; Mr. WARREN also, from the same committee, reported back, with and a favorable recommendation, the bil1 (H. R. No. 3507) for the relief of A bill (H. R. No. 3511) granting an increase of pension to Thomas Mrs. Amelia L. Richards; which was read a first and second time, G. Kingsley. referred to the Committee of the Whole on the Private Calendar, and, Mr. BLISS also, from the same committee, reported back, with a with the accompanying report, ordered to be printed. recommendation that the same do pass, the bill (H. R. No. 703) grant- CHANGE OF REFERENCE. ing a pension to Katherine Ferry; which was referred to the Commit- tee of the Whole on the Private Calendar, and the acccompanying On motion of Mr. JENKS, the Committee on Invalid Pensions was report ordered to be printed. discharged from the further consideration of the following bills and J1etitions; which were severally referred to the committees as in- ADVERSE REPORTS. dicated below: Mr. BLISS also, from the same committee, reported adversely upon The petition of George W. Huntman-to the Committee on War the following ; which were laid on the table, and the accompanying re- Claims. ports ordered to be printed : Tho bill (H. R. No. 3335) for the relief of George H. Maurer, of .A bill (H. R. No. 2167) granting a. pension to Robert Brady ; and 3238 CONGR.ESSIONAL RECORD-HOUSE. MAY 20, The petition of Sarah A. Bryant, widow of William C. Bryant, de- Mr. BLOUNT. I move to amend theparagraphjustread by strik- ceased, sergeant United States Colored Troops. ing out " 6,200,000" and. inserting the following: Mr. SAMPSON, from the Committee on Patents, reported adversely Five millil'n seven hundred and fifty thousand dollars. And so much of the act upon the petition of Charles F. Chandler, for an extension of a patent of June 16, 1674, makinp; appropriations for the support of the Army for the fiscal for refining sugar and sirup; which was laid on the table, and the year ending J nne 30, 1875, and for other purposes, as provides that only actual trav- eling expense shall be allowed to any person holding employment or appointment accompanying report ordered to be printed. under t1e United States while engaged in public business as is applicable to offi· cers of the Navy so engaged, is hereby repealed; and the sum of eight cents per AMANDA RAINS. mile shall be allowed such officers while so engaged, in lieu of their actual expenses. Mr. MILLIKEN, from the Committee on War Claims, reported Mr. Chairman, the :first proposition relates to the pay of tht;} Navy. back, with a recommendation that the same do pass, the bill (H. R. I yesterday called the attention of the House to the fact that the note No. 2'218) for the relief of Mrs. Amanda Rains; which was refeiTed in reference to the amount of money reqnired for the pay of theN avy, to the Committee of the Whole on the Private Calendar, and the ac- as estimated by the Fourth Auditor, was clearly an error. There bas companying report ordered to be printed. been no satisfactory explanation given, and I cannot conceive that ADVERSE REPORTS. there is any. For this reason the committee have thought that there might be a considerable reduction, amounting to nearly 600,000. Mr. MAcDOUGALL, from the Committee on Military Affairs, re- Furthermore, a table on page 15 of to-day's RECORD, furnished to ported adversely upon the following; which were laid on the table, me by the Sectetary of the Navy, discloses the fact that a very large and the accompanying reports ordered to be printed: proportion of the officers of the Navy who are not on sea service are on A bill (H. R. No. 3287) to change the name of Robert Travi~i. and what is termed other duty pay, instead of being, as the committee think The petition of Luise von Pnechelstein for change of the military they might be, either on waiting orders or on furlough. We have record of her husband, now deceased. thought that the abuse in this particular grew largely out of the fact of FREDERICK H. E. EBENSTEIN. the influence of these officers and their importunities for higher pay, and we have felt that there was bnt one1·emedy-the reduction of the Mr. MAcDOUGALL also, from the same committee, reported a bill appropriation itself. (H. R. No. 3512) for the relief of First Lieutenant Frederick H. E. Mr. O'NEILL. I may perhaps, before taldng my seat, offer an Ebenstein, Twenty-first Infantry, United States Army; which was amendment to the amendment of the gentleman from Georgia, [Mr. read a :first and second time, referred to the Committee of the Whole BLOUl'ITT.] I hope there will be no reduction in the amount generally on the Private Calendar, and, with the accompanying report, ordered appropriated in this bill; and I hope before we get through with to be printed. this paragraph to be able to have put to it a clause of this kind, fol- ALEXANDER ANDERSON. lowing the amount of the appropriation : Mr. MAcDOUGALL also, from the same committee, reported back, But especially for continuing the construction of certain naval stations aud navy. with the recommendation that they pa-ss, bills of the following titles; yards for which appropriations have been made in former years. which were referred to the Committee of the Whole on the Private Mr. Chairman, in the limited time I am to speak I design to say a Calendar, and the accompanying reports ordered to be printed: few words upon the question raised by the Committee on Naval Af- A bill (H. R. No. 3067) for the relief of Alexander Anderson, late fairs for abolishing the Lea!Tue Island navy-yard; and I wish to speak first lieutenant Fourteenth New York Volunteer Cavalry; an~ promptly, qnickly, and to the point without any preliminary remarks. A bill (S. No. 408) for the relief of Assistant Surgeon Thomas F. In the first place, my friend from New York, [Mr. WILLIS:] who Azpell, United States Army. addressed the committee yesterday, made a reply for which I do not SAMUEL B. STAUBER AND OTHERS. wish to call him to account, but to which I propose to call the atten- tion of the committee. In response to an inquiry made by the gen- Mr. TARBOX1 from the Committee on Claims, reported back, with tleman from Massa".ive here a divided duty. I feel to-night that, M a. Philadelphian, I Does the gentleman know how Philadelphia is located in reference would be ready, if it were possible, to overwhelm Congress with my thanks if it to the great railroad arteries of the country t The railroad system would reconvey to Philadelphia these two and a quarter miles of its best river front, shuttin~ its main avenue, Broad street, from access to tide-water. really centers there, and freight intended for League Island is not compelled to break bulk, but will be taken upon the cars to the very Philadelphia comes here as a suppliant through its eloquent Rep- locality upon its grounds where the material is to be used. Both the resentative. I pray ;you, gentlemen, let Lea~ue Island be receded to railroad and canal communication with Philadelphia is perfect and the city of Philadelphia, and the people of the United States spared complete, and brings her in unbroken intercourse with the most dis- the expenditure of sixty-odd millions of dollars . . Of course after the tant limits of our land. eloquent gentleman had presented himself before the committee and The report of the commission of naval officers, to which the gen- announced that I understood nothing about naval affairs, and that he tleman referred yesterday, I find by referring to the docnment itself, was here as a witness to testify how much the country owed snch was made in January, 1862, fourteen years anrl more ago. My colleague, Representatives as did not understand the subject-matters of legisla- [Mr. KELLEY,] in the eloquent remarks delivered last night, very tion, I was utterly demolished. I bad, sir, expected in the event of pointedly referred to its contents, and I wish the gentleman from New the election of another democrat,ic President to be called perhaps to York had been present to have heard him. I am not going t~ abuse preside at the head oftheNavy,or inthecventofwartobeputincom- the Brooklyn navy-yard. I think it is necessary,'but I do not wish mand of a fleet. But these beautiful anticipations -have forever van- the gentleman to get up deliberately to criticise what he knows noth- ished, and for all this I have to thank my profound, sagacious, states- ing about-to criticise a naval station which he himself confesses he manlike f1·iend from Philadelphia, who does understand exactly what has never visited. Does he not know that upon League Island there are the requirements and needs of the Navy. But, Mr. Chairman, not are nearly five hundred acres of fast land 7 If he does not, let him one word has been said in refutation of the facts that were yesterday refer to the debates of past Congresses and to well-authenticated docu- urged in behalf of this proposition. It still remains an undoubted ments, and be will learn for himself that farming was carried on there and irrefutable fact that League Island is two and a half feet be- for years, and a wall was built there years and years ago by private neath high-tide water-mark; that in the event of its being made owners to prevent overflow when the riveroccasionally rose to an un- into a navy-yard, a piece of land one mile in length by four hundred usual height, and there was danger of the low lands. To this day and forty-four feet in breadth must be covered by nine feet of land, many acres of the Brooklyn navy-yard are overflowed by the tide. of solid earth. It still remains a fact that the Schuylkill ~nd the I have been there a number of times, not so often within the last Delaware are annually crowded and blockaded with ice, and all the few years, and I have seen the water a foot or two deep over th~ eloquence of the gentleman from Phila~elphia has not availed to first floors of many of the shops. By the expenditure of the $20,000,000 move the city of Philadelphia. one-half mile nearer to the sea than there, I suppose that by this time there may have been an improve- it was the day before yesterday. ment in that respect. Still there are a number of acres of m:ush un- [Here the hammer fell.] reclaimed, and much water on the land where it should not he. Mr. l\1ILLS. I withdraw the formal amendment. Then the gentleman from New York speaks of iron-clads being Mr. RANDALL. I renew it. brought to the Brooklyn navy-yard for repairs, and says they can be Mr. KELLEY. Will the gentleman yield to :p1e a moment! taken up the Hudson River where they will be in fresh water. Does Mr. RANDALL. I prefer not just now. the gentleman know how far the salt water eA'tends up the Hudson In anything that I may say in reply to the gentleman from New- Rived York [Mr. WILLIS] on this subject, I wish the members of the Honse,' Mr. WILLIS. Let the gentleman from Pennsylvania state that. to divest themselves of any favorable feeling derived from the fact- Mr. O'NEILL. At Jeastfortymiles above the city of New York the that I represent a district in the immediate neighborhood of League--. water of the Hudson River must be more orlesssaJt water. And what Island, and confine any consideration they may give to the facts ! - I claim here, and what the country claimed when League Island was present. accepted as a naval station, was that we bad a locality in fresh water Of course I have a natural feeling for that ground, and during~ upon the Delaware, and where aiso in the back channel fleets could long series of years I have advocated a navy-yard at that point, and lio and where fleets of iron-clads have been moored since the close of finally success was reached in this respect. It was after various re- the war or laid up to avoid the rot and rust which would be caused ports by persons who had experience and who understood the subject by their remaining in salt wat-er, as there is at Brooklyn. and who took the trouble to go to the ground and examine it. ' iJ240 CONGRESSIONAL R.ECORD-HOUSE. MAY 20, The first point in reference to this matter is as to the location vessels now abroad. If this a,mendment be adopted we must neces- of the yard there in connection with iron-clads. Mark you, that sarily reduce the number of ships in commission, and in doing this the our iron-clad navy was not brought to prominence until the period committee will find it necessary to reduce the number of ships in of the rebellion ; before then w~ had but a wooden navy. The commission in the home squadron. Now, a word upon that subject. I water at this point is fresh, and which is absolutely essential to the have here a list furnished me by the Chief of the Bureau of Equipment floating of iron-clads, and is also necessary to their rendezvous and and Recruiting of the number of vessels in commission. They are location when out of service. The next material fact is that t.here manned by eighty-four hundred and fifty-two men aU told. Our we find the depot for the .d elivery of coal and iron, saving the cost of iron-clads, some fourteen or fifteen in number, have just one-half transportation of the raw material. In England the ship-yards have their proper complement of men-fifty, instead of one hundred. in a measure left the Thames and have been transferred to the Clyde, .My attention was attracted last evening by the remarks of the because there the iron and coal are put into the yards and come out gentleman from Texas, [Mr. REAGAN,] who said that almost the only iron-clad vessels to defend British rights. So with League Island; protection of the cities upon the Gulf, including the city of New we can put the iron and coal into League Island as raw material and Orleans, against a foreign enemy must be afforded by our moniic1r send you out an iron-clad 'Tessel. navy. These monitors are now in commission with one half theh· Another point in favor of that location is that we have in the im- proper complement of men. In case of an outbreak of hostilities mediate neighborhood a community of skilled mechanics, and ih case the nucleus of force upon these monitors would furnish the means for any controversy arises between this country and other nations we can putting them in perfect fighting condition in a few days. If they go in an hour summon the most skilJed mechanics without limit as to out of commission and are laid up it will take weeks, perhaps months, numbers. The gentleman has objected to this yard because it re- to put them in proper condition in ca-se of need. quires to have some part of it walled in. He alleges that a portion I consider it bad policy to reduce the number of men in the Navy of League Island is below high-water mark. I want to say in that if by that reduction we shall reduce the number of vessels in com- connection that there is hardly a navy-yard that has not had to have mission. We have at this time no more vessels in commission than land made by piles. I wish that the gentleman from New York could ·are necessa.ry for the protection of our commerce abroad and for our have been with me a few years ago when I was studying the building safety at home. up of the great and renowned city of Amsterdam, with its three hun- In this connection I ask the Clerk to read a letter from the Chief dred bridge~ and its canals instead of streets, the entire city built on of the Bureau of Equipment and Recruiting. The first part of the piles; and the bravest act in history was the act of Holland. In order letter refers to other mattrers connected with his Bureau, but the la.t- to save her domain her citizens and defenders opened the gates and ter part refers to the subject upon which I am now speaking. let in the water, thus to overflow her country and drown out her in- The Clerk read aa follows: ' vaders. NAVY DEPARTMENT, BUREAU OF EQUil'M.ENT AND RECRUITING, There is one other point in favor of the safety of League Island. Washington, May 15, 1876. New York, of course, in case of war with any foreign power, would Sm: The inclosed statement.'! exhibit the detnils of the appropriation for equip- have to have the whole power of the nation brought to bear for its ment of vessels and contingent under this Bureau for the year 1876-'77 as estimated protection; and while we should have to protect New York City we for by the Bureau. Any reduction of this estimate necessitates a pro rata reduc- tion of the nava.l force afloat. This estimate is based upon the fact that eight ships should at the same time have to protect the navy-yard at Brooklyn. will go out of commission during the coming fiscal year, owing to expiration of terms I tell the gent.l eman that in this age of torpedo and war experience of service of their crews and that these ships are to be replaced with the same num- there is not an officer in the navy of any nation in the world who ber of new ships, now nearly ready for their outfits. The estimate for labor also would attempt to approach thena.vy-yard at Philadelphia. Nothing as includes the labor necessary for the manufacture of rope and other articles, such chains, anchors, and galleys, and it is difficult to see how the work of this Bu- could be more certain than that if they did they would never sail in reauin fitting out any vessels at all can be carried on if the ·washington and Charles- return over the waters by which they had come. town navy-yards, where theRe articles are manufactured, are to be closed as contem- [Here the hamme1· fell.] plated by the House a.ppropriation bill. Mr. KELLEY. I rise in a penitential mood. I desire forgiveness ofYour attention is also solicited to the appropriation contingent under this Bureau $45,000 for the next :fiscal year. This appropri::Ltion has always been too small at the hands both of the gentleman from New York [Mr. WILLIS] and for it.'l object, and the Department bas frequently been cramped on tbis account. of the House. I had no thought last evening that I was crushing There has been expended this year the sum of $60,000 for transportation alone. It his young ambition. I certainly did not intend to do so wanton a is more economir.al to send men to distant stations than to bring the ships home; particularly is this the case.in China. The Kearsarge on that station will have her thing. I knew that he dreamed of future glories in connection with crew changed during the coming year at a cost probably of one-half the amount ap- the Navy; I saw that be had begun at the foot of the ladder, but propriated. . . was sure that he would, if his valued life was spared, reach the top- I ah;o inclose a statement of disbursements for the present fiscal l'ear ending June 30, 1876, estimated up to that date. most round, and he must not be discouraged by anything I have heed- purchased aver~ small amount of canvas. This bas been owing It will be observed that the Bureau has to stock on hand. lessly said in reference to his remarks of yesterday. He hoped, so he Consequently thl8 article, as well as many others in the equipment, has been dimin- tells us, to become Secretary of the Navy. I have no doubt that he ished in quantity, and la.rger purchases will be absolutely necessary for the coming may attain that position, becauseJ have heard among the traditions year unless, as before stated, there is to be a reduction of force aJloat. of t.bat Department that a long time ago a Secretary of the Navy, wish I also refer you to the list of vessels in commission, beforeforwa.r ded to you, and to state that any reduction of men in the Navy (from eighty-five hundred to who bad been selected from the interior of the country, had been in- seventy-five hundred) as contemplated by the a.ppropliation bill Will lead to reduc- stalled in office. He was taken by some of the naval officers on board tion of shiys afloat, as the complements of crews have been reduced to the lowest ship. He was in his new domain, a.nd as he dauntlessly paced the point consistent with efficiency. deck he came upon an open hatchway. Looking down into the depths only The iron-clads, you will observe, are only half manned, and this is found to be the way of keeplng these ships, not only ready for nse butt{) prevent them from of the ship be was surprised, and, in tones expressive of alarm, ex- goin~ to decay. The money thus expended on the men is more than saved by the claimed, " God bless me, the thing is hollow; let us get on tm·ra repau-s they would be sure to require if called into service on an emergency. fi.J'1na as soon as possible!" Yet it is said he became quite used to such If Congress insist upon this reduction, then I hope that at least the Navvwill be ~ven five hundred boys for training-ships, as asked for by bill presented by Hon. dangers, and made an excellect Secretary; and if the gentleman .Mr. WILLIS, of the Naval Committee. from New York will spend a few years in reading naval reports and Since making the estimate in September last for the fiscal year ending June 30 will consort with sailors and the officers of the Navy, study the 1877, for $1;500,000 under equipment, considerable work has been done and mat~~ topography of the yards and stations and t.beir uses, he will, I doubt furnish eel ror the standing rigging and outfits of some of the ships to be fitted out not, shine as a leader of the Naval Committee, and that every old be during the ensuing fiscal year, in view of which fact a. reduction of 250,000 might maae in the estimate. salt will hail him as a great man when he shall become Secretary. B. W. SHUFELDT, Mr. RANDALL. I withdraw the amendment. Ohief of Bureau. Mr. DANFORD. I renew it. Hon. LoRENZO DANFORD, .Mr. BLOUNT. If the gentleman will allow me a moment, I desire HoU8e of Representatives• to call attention to the fact that while the bill provides for a further During the reading of the letter the time of Mr. DANFORD expired; reduction of the pay of the Navy, it provides also for a restorat.ion of but Mr. BuRLEIGH took the floor and yielded his time, in ordm· that mileage at eight cents instead of ten cents. · the letter might be read. Mr. DANFORD. The purpose I have, Mr. Chairman, in rising is to The list referred to in the above letter is as follows: oppose the proposition of the Committee on Appropriations, as well as the proposition of the Committee on Naval Affairs to reduce the Vessels of the United States Navy in commissi01t and their complements. Navy from eighty-five hundred to seventy-five hundred men, and in ....~ this connection I desire to call the attention of t.he committee to the s.e o

e given to the officers of the Franklin .......................................... Dec., 1873 Nov., 1876 502 Navy additional grades; we have made them admirals and rear-ad- .Alaska ............................................ .Aug., 1873 July, 1876 195 mirals, and we have done it not grudgingly . ASIATIC STATION. Furthermore, by the act of 1873 it was provided, in reference to Tennessee ... ~ .................................. .. May, 1875 Mar., 1878 4n2 the retired list, (and this was not done grudgingly,) that the retired Dec., 1873 Nov., 1876 148 officers who were placed upon that list for meritorious services per- ~:~~~:::: ::::::::::::::::::::::::::::::::::::. .Aug., 1872 Sept.., 1877 106 formed in the cause of their country should receive a larger propor- Sacot ............................................. . July, 1870 Aug., 1876 106 tion of active pay than retired officers rtceived before the war. As a .Ashuelot ......................................... . .Apr, 1866 m 116 matter of course this has increased the dema:p.d upon the pay fund ~le~~c~~~:::: Aug., 1861i :::::::::::::::::::::::::::::::::::: : May, 1ili5 m May, 1879 116 123 from year to year. I do not think that the increase of $600,000 from Palos ............................................. . June, 1870 w 44 that time, which the gentleman provides for in his amendment, is PACIFIC STATION. sufficient. It may be that the Secretary of the Navy could get along Pensacola ................................... . .... . Oct., 1871 Aug., 1877 333 with the appropriation if it was made $6,000,000 in round numbers ; Richmond . ....................................... . Nov., 1872 Sept., 1877 265 that would be a reduction of one and a half millions from the bill as Lackawanna .................................... . Sept., 1872 Apr., 1878 195 reported by the committee. I move therefore to amend the amend- Omaha . ......................................... .. Sept., 1872 Mar., 1878 195 ment of the gentleman from Georgia so as to make the amount Tuscarora ........................................ . May, 1872 Aug., 1878 148 $6,000,000. TORPEDO-BOATS • Mr. BLOUNT. My colleague on the Committee of Appropriations .Alarm.............. . .. .. ... . .. .. .. . .. . .. .. .. ... . . July, 1875 June, 1878 46 [Mr. HALE] calls attention to a table that I presented yesterday in Intrepid ......................................... . Aug., 1875 Aug., 1878 52 my remarks, and to that portion of it which relates to the year 1~9. SPECIAL SERVICE. In that year the number of men in the Navy was just the same as it Powhatan ........................................ Feb., 1872 Apr., 1878 235 is during the current year. • Despatch ......................................... . Nov., 18':'3 Dec., 1876 42 Mr. HALE. Of enlisted men f Gett)'Sburgh ..... .... • .. .. .. .. .. . .. . .. • .. .. .. .. .. . June, 1875 June, 1877 82 ::;upply .... ....................................... . Dec., 1875 Oct., 1878 52 l\Ir. BLOUNT. Yes, of enlisted men. Tallapoosa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • • . . • . J nne, 1875 . ...... . •... 88 Mr. HALE. That is so. Minnesota, (training-ship at New Y 01·k) . .. .. • . .. • . .. .. .. .. • .. • . ......... .. 137 Mr. BLOUNT. If the gentleman will take the pains to refer to the Juniata, (training.shlp at Baltimore) ..................................... . 71 report of the present Secretary of the Navy for 1873 and1874, he will Portsmouth, (training-ship at San Francisco) ............................. . 68 Michigan, (on the la.k:es) . . . .. . . . . . ...................................... . 73 find that the Secretary claimed that the number of officers of t.he New Hampshire, (store-ship at Port Royal) . ...........••.......•....•..... 72 Navy then was not greater than before the war. Nina, (torpedo-station, Newport, Rhode Island) ........................... . 18 Mr. HALE. The aggregate number is not. The higher ranks are Fortune, tug at Pensacola, Flori(la) .... ........... ....................... . 16 larger. Speedwell, (tug at Portamouth, New Hampshire) . ......................... . 13 Mr. BLOUNT. That is just what he claims is not the case. I know RECEIVING-SHIPS. that the highest grades of officers were not in existence before the war; but he makes the general statement. Sabine, (at Portsmouth, New Hampshire) ..•.•••••...••.•...•...••••.•••••. ~~ Again, if a comparison is sought, instead of taking the table for Wabash, (at Boston, Massachusetts).. . . . • .. .. • . . • . . . .. . • • .. • • . . ......... .. Colorado, (at New York, New York) . . . . • • . . • . • . • . . . . • • . • • . . . • . .......... . 69 1859, the table for 1857 should have been taken, in which the num- Potomac, (at Philadelphia, Pennsylvania) .. ..••.•....•. .. ..••...••••••••••. 48 ber of men is exaetly the same as proposed in this bill, and the Relief, (at Washington, District of Columbia)...... . ..................... .. 28 amount then appropriated was $4,241,321.25; and our proposition, it Worcester, (at Norlolk, Virginia) ........................................ .. ~ will be seen, is several million dollars in excess of that. Pawnee, (at Port Royal, South Carolina) ..... ............................. . Independence, (at Mare !Bland, California) ..•..•...•...••..••....••••.•••. 53 Again, Mr. Chairman, I put this reduction distinctly on the ground l:hint Louis, (at League !Bland, Pennsylvania) ........................... .. 19 that before the war there were and at this time there are too many officers receiving a rate of pay which they ought not to receive. It NAVAL ACADEMY. is of no importance, so far as this House is concerned, when this abuse Dale, (at Naval Academy)....... . . .. .. .. .. • • • .. .. . .. .. .. .. • .. • . ..... ~ ... .. 48 commenced, whether before or since the war. The question is, Does • Saratoga, (at Naval Academy) ............................................ . 6 it exist now; and, if so, is it not the duty of this House to correct it f Phlox, (at Naval Academy) .............................................. .. 13 As the gentleman from Ohio [Mr. DANFORD] has seen fit to regard Santee, (at Naval Academy) ............................................ .. 80 this amendment as involving a reduction in the pay of the men, which COAST SURVEY. it really does, I take occasion to say that prior to 11:557 we had exactly Coast Survey ............................................................. . 275 the same number of men that we are now proposing in this bill. At that time our commerce was larger than it is now. There was no RECA.PITULATION. trouble then in protecting our commerce. }rom whom does our com- Men. merce require to be protected! Have our troubles been with the r~~ t~:~:g ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 81~ European station . .. . •.. . .. . • . . . .. . .. • .. .. .. .. . .. . .. .. . . . . . . .. .. .. . • . .. • .. .. 2, 697 great nations of the earth f Have they not been with some little power here or there f Never did our Navy prove inadequate to meet promptly the demands of our commerce. All that this measuro of [~~~:H·!H\!\!. _:u··;:!H.-~-;::H~))\\\\\.\\.])·)) l: ~ reduction amounts to is the withdrawing of a few vessels from our cruising stations. If our trade with China and Japan requires the presence of the vessels which are now there, let the withdrawal be made from other points. Reference is made to our commerce in the Gulf. Why, sir, who is Boys under instruction on training.ships . .. . .. .. .. . .. .. .. .. .. .. .. .. . .. .. . .. 442 alarmed about our commerce there Y Is there any present dangerf Men available for draft, (on receiving-ships)................................. 130 Is there any prospective danger! Trouble with foreign powers does Total number of men in the Navy ............. ........... . ............ 8, 452 not spring up in a moment. It is always the result of much negotia.- tion. *Iron-clads only half manned. [Here the hammer fell.] tOn her way t~ the United States. The CHAIRMAN. Debate on the pending amendment is exhausted. ! Crew renewed on the station. Mr. HALE. I withdraw the amendment. ···(· 3242 CONGRESSIONAL RECORD-HOUSE. MAY 20, Mr. WHITTHORNE. I renew it. Mr. Chairman, I would not have I believe, Mr. Chairman, if this House would reflect upon the ad- sought to occupy the attention of the committee at the present mo- vantages in other ways of this navy-yard t.hey would at once recog- ment but for a remark of the gentleman from Ohio, [Mr. DANFORD,] nize that it would not be sensible, indeed that it would be wrong, to my colleague on the committee, in which he conveyed the intimation leave out of this appropriation b~l1 some provision for construction tba.t the Committee on Naval Affairs bad made a recommendation and repair at the Kittery navy-yard. As I have already stated, it bas similar to that of the Committee on Appropriations, reducing the great advantages over other navy-yards. It is a good yard, with good number of men. They have in point of fact ruacially iron-ship build- The arguments which can be made in favor of the Kittery navy- ing. There have been at a period of time within the past few years . yard, as an important sanitary position, are man.v and vastly more than thirty iron vessels building on the river at one time in the great can be made in favor of any other navy-yard in the conn try. Kittery is ship-yards of John Roach. & Son, William Cramp & Son, Wood & a well-populated town, with only a small village around the navy-yard. Dialogue, and at the yards of other ship-builders along the river. It is not near any great city where the inhabitants are afraid that aThere have been among these some of nearly five thousand tons, and naval vessel coming from a sickly port will bring contagion with it. the waters of the Delaware are now looked upon as the best location The inhabitants are farmers and ship mechanics. They know that t.beir for these ship-yards, being fresh and preservative of iron. climate in a short time will soon eradicate all disease and pestilence Another fact comes to mind which I will state for the benefit of from any ves allying there, and they are not afraid of the ves eland the gentleman from New York. I want to show how well adapted not afraid to work upon it. the Delaware is for a great naval station in every respect. \Vithin 1876. CONGRESSIONAL RECORD-HOUSE. 3243 the last few months-! wish I could give the date anresesentatives be requested to vote for the proposed measure, and to exert all proper influence to secure its passage by the Forty-fourth Congress dwing its Mr. BUCKNER introduced a bill (H. R. No. 3555) for the relief of present session, Richard H. Porter, of Kentucky; which was read a first and second B e it further resolved, That the secretary of state be requested to furnish a copy time, referred to the Committee of Claims, and ordere~ to be printed. of those proceedings of the Legislature to each of our Senators and Representatives in Congress without delay. . CEMETERIES IN THE DISTRICT OF COLUMBIA. Approved, A.prilll, 1876. Mr. BUCKNER also introduced a bill (H. R. No. 3556) for the ad- CHANGE OF NAME OF STEAMER. vancement of medical and surgical science and for the protection of 11-Ir. GIBSON introduced a bill (H. R. No. 3542) to change the name cemeteries in the District of Columbia; which was read a first and of the ste~Lmshlp Brashear to The Lone Star; which was read a first second time, refened to the Committee for the District of Columbia, and second time, referred to the Committee on Commerce, and ordered and ordered to be printed. to be printed. AMMONIATED FERTILIZER COMPANY OF WASHINGTON, D. C. CASH PAYMENTS BY THE GOVERNMENT OF THE UNITED STATES. Mr. BUCKNER also introduced a bill (H. R. No. 3557) for the relief Mr. GIBSON also introduced a bill (H. R. No. 354J) to resume cash of the Ammoniated Fertihzer Company of Washington, District of payments by the Government of the United States; which was read Columbia; which was read a first and second time, refened to the a first and second time, refened to the Committee on Banking and Committee for the District of Columbia, and ordered to be printetl. Currency, and ordered to be printed. TAX CERTIFICATES OF THE DISTRICT OF COLUMBIA. TREATY OF COMMERCE WITH BRAZIL. Mr. BUCKNER also introduced a bill (H. R. No. 3558) to provide Mr. GIBSON also introduced a joint resolution (H. R. No. 116) au- for the settlement of tax-lien certificates erroneously issued by the thorizing the appointment of commissioners to ascertain on what late authorities of the District of Columbia; which waa read a first terms a mutually beneficial tt·eaty of commerce with Brazil can be and second time, referred to the Committee for the District of Colum- arranged; which was read a first and second time, referred to the bia, and ordered to be printeq. Committee on Commerce, and ordered to be printed. NATIONAL DROVE-YARD COMPANY OF THE DISTRICT OF COLmi.NA.. JULIA A. ROBERTS. Mr. WILLARD introduced a bill (H. R. No. 3559) to incorporate the Mr. BANNING introduced a bill (H. R. No. 3544) granting a pen- National Drove-Yard Company of the District of Columbia; which sion to Julia A. Roberts; which was read a first and second time, re- was read a :first and second time, referred to the Committee for the ferred to the Committee on Invalid Pensions, and ordered to be District of Columbia, and ordered to be printed. printed. ARIANA HOWARD. MRS. ALMIRA FORBES. · Mr. SOUTHARD introduced a bill (H. R. No. 3545) granting a pen- Mr. CATE introduced a bill (H. R. No. 3560) granting a pension to sion to Ariana Howard, widow of Samuel Howard, sr., late a private Mrs. Almira Forbes, widow of D. Brazilla Walker, late a private in in the wu,r of ltl12; which was read a first a-nd second time, referred Company F, Seventy-fifth Regiment Illinois Volunteers; which waa to the Committee on Revolutionary Pensions, and ordered to be read a first and second time, refened to the Committee on Invalid printed. Pensions, and ordered to be printed. WIL~ P. WOOD. JOHN WillTTAKER. Mr. DURHAM introduced a bill (H. R. No. 3546) authorizing the Mr. WILLIAMS, of Wisconsin, introduced a bill (H. R. No. 3561) Secretary of the Treasury to settle with William P. Wood for services authorizing the Secretary of the Treasury to adjust the claim of John rendered in the recovery of certain moneys belonging to the United Whittaker against the United States; which was read a first and States; which was read a first and second time, ref~rred to the Com- second time, referred to the Committee on Commerce, and ordered to mittee on War Claims, and ordered to be printed. be printed. · H. B. FOLK. CAREY THOMPSON. Mr. CALDWELL, of Tennessee, introduced a bill (H. R. No. 3547) Mr. FAULKNER introduced a bill (H. R. No. 3562) for the relief of for the relief of H. B. Folk, of Brownsville, Tennessee; which was Carey Thompson, of Jefferson County, West Virginia; which was read read a first and second time, referred to the Committee on War Claims, a first and second time, referred to the Committee on War Claims, and ordered to be printed. and ordered to be printed. PLEASANT Y. PILES. OCEAN MAIL SERVICE TO BRAZIL. Mr. LANDERS, of Indiana, introduced a bill (H. R. No. 3548) grant- Mr. HANCOCK introduced a bill (H. R. No. 3563) authorizing the ing an increa-se of pension to Pleasant Y. Piles, late Company D, establishin(J' of ocean steamship mail service betweeq the United Twelfth Regiruwt Kentucky Veteran Infantry Volunteers; which States and Brazil; which waa read a first and second t-iwe, referred 1876. C.ONGRESSIONAL RECO~D-HOUSE. 3249 to the Committee on the .Post-Offioo and Post-Roads, and ordered to Mr. LAWRENCE. Will the people be safe in case we pass this be printed. resolution f [Laughter.] TAXATION OF SAVINGS-BANKS. Mr. PAGE. I believe they wil1, especially the democracy of Ohio. Mr. PIPER introduced a bill (H. R. No. 3564) amendatory of section Mr. HARRISON :1nd. Mr. BLOUNT moved to lay the preamble and 3408 of the Revised Statutes and of chapter 304 of the Statut.es at resolution on the table. Large, first session Forty-third Congress, relating to the taxation of Mr. RANDALL. On that motion I call for the yeaa and nays. savings-banks; which waa read a first and second time, referred to The yeaa and nays were ordered. the Committee of Ways and Means, and ordered to be printed. The question was t:1ken; and there were-yeaa 147, nays 82, not voting 60; as follows: HOMESTEADS. YEAS-Mess!s. Ashe, Atkins, Bagby, John H. Baaley, Jr., Beebe, Bell, Black· Mr. PATTERSON introduced a bill (H. R. No. 3565) to amend sec- bmn, Bland, Bliss, Blount, Boone, Bradford, Bright, :fohn Young Brown, Buckner, tion 2291 of the Revised Statutes of the United States, concerning Samuel D. Burchard, Cabell, John H. Caldwell, William P. Caldwell, Candler, homesteads; which waa read a first and second time, referred to the Cate, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, Col- lins, Cook, Cowan, Culberson, Cutler, Davis, De Bolt, Dibrell, Durand, Durham, Committee on Public Lands, and ordered to be printed. Eden, Egbert, Ellis, Ely, Faulkner, Felton, Finley, Forney, Franklin, Fuller, Gause, Gibson. Glover, Goode, Gunter, Andrew H. Ham'rrton, Robert Hamilton, Hancock, LANDS IN CHEYENNE. Hardenberl7h, Henry R. Harris, John T. Harris, Harrison, Ha.rtridge, Hart'.t.ell, 'Mr. STEELE introduced a bill (H. R. No. 3566) to authorize the Hatcher, ffaymmtd, Henkle, Hereford, Abram S. Hewitt, GoldfertC. Walker, Wall- port of Brownsville, Texas, one of the ports to which unappraised ing, Walsh, Warren, Whitthorne, Wike, James Williams,JamesD. Williams, Jere- merchandise may bo tmnsported; which wv,s read a first and second miah N. Williams, Willis, Fernando Wood, Yeates, and Young-147. time, referred to the Committee of Commerce, and ordered to be ker, NAYS-Messrs. Adams, Ainsworth, Anderson, John H. Baker, Willin.m H. Ba- Ballou, Banks, Bass, Bradley William R. Brown, Horatio C. Bmchard, Bur- printed. leigh, Campbell. Caswell, Conger, dra.po, Danford, Davy, Denison, Dunnell, Eames, GRANDISON RUBY. Fort, Foster, Freeman, Frost, Fr.ve, Goodin, Hale, Haralson, BeJ:\iamin W. H.'tll'is, Hathorn, Hendee, Hoge, Hoskins, Hunter, Hyman, Knsson, Kelley, Ketchum, Law- Mr. SCHLEICHER also introduced a bill (H. R. No. 3568) for the rence. Leavenworth, Lynch, Lynde, Edmund W. M. Mackey, Mag90n, Ma-cDou- relief of Grandison Ruby; which was read a first and second time, ~ll, McCrary, McDill, Monroe, Morey, Nash, Norton, O'Neill, Packer, Page, Will· referred to the Committee of Claims, :1nd ordered to be printed. 1am A. Phillips, Plaisted, Platt, Potter, Pratt, Rainey, Sobieski Ross, Rnsk, Sa.mp. son, Sinnickson, Smalls, Thornburgh, Martin I. Townsend. Washington Town. ORDER OF BUSINESS. send, Tufts, Wait, Waldron, Alexander S. ·wallace, John W. Wallace, G. Wiley Wells, White, Willard, Charles G. Williams, William B. Willia.Illl!, James Wilson, The SPEAKER p1·o tempore. There being no further bills and joint Alan Wood, jr., and Woodbnrn-82. resolutions for reference, the next business in the morning hour is the NOT VOTING-Messrs. George A. Bagley, Banning, Blaine, Blair, Cannon, Ca. second calJ of States for resolutions, during which call bills and joint son, Caulfield, Chapin, Chittenden, Cochrane, Cox, Crounse, DarraH, Dobbins, resolutions may be introduced. The Chair will direct the 1mtinished Joyce,Douglas, Evans, Garfield, Hays, Henderson, Hoar, Holman, Hubbell, Hurlbut, business upon the C:tlendar, being resolutions that h:1ve been laid Miller, Kimball, King, Lane, Lapham, L.A. Mackey, Maish, McMahon, Meade, Morrison, O'Brien, Odell, Phelps, Purrnan, Robinson, Schumaker. Sheakley, over on account of deb:1te arising thereon, to be taken up under this A. Herr Smith, Strait, Stevenson, Soowell, Swann, Thomas, Van Vorhes, John L. call, and the Clerk will now read the next resolution upon the Cal- Vance, Ward, Erastus Wells,'Wheeler, Whitehouse, Whiting, Wiwnton, Andrew endar. Williams, Alpheus S. Willu~on:is, Wilshire, Benjamin Wilson, and w oodworth-60. CHOICE OF PRESIDENT. So the resolution was laid on the table. The Clerk read the following preamble and resolution introduced During the roll-call the following announcements were made : by Mr. PAGE: · Mr. JENKS. My colleague, Mr. COCHRANE, is absent by leave of Whereas the Constit&.tion of the United Sta.tes, as framed by the fathers of the the House. I cannot say how he would vote if present. Republic, imposes no limit upon the eligibility of any citizen to the office of Presi- Mr. BAKER, of Indiana. My colleagues, Mr. EvANS and Mr. RoB- dent further than that he shall be natlve-born and of a. certain age and time of L.~SON, are a.bsent by lea.ve of the House. If present, I think they residence: Therefore, would both vote "no." Be it re;~ol11ed, That in the judgment of this House the right of selectin~r candi- dates for the office of President oa.n only be lawfully exercised by the people under Mr. HENDEE. My colleague, Colonel JoYcE, is absent at New existing constitutional restrictions, and bas never been delegated by the people oo York in the service of the Honse. the House of Representatives or to any members of the same, and that any attempt Mr. VAN VORHES. My colleague from Ohio, Mr. VA~CE, is absent by the House of Representatives to limit or forestall the public will on a question under the order of the House. I agreed to pair with him on certain of such importance is an invasion of powers reserved to the people at lar~e, to be freely exercised by them without any mterference from any legislative booy what- quootions. Were be here I would vote" no," and he probably would ever. vote "ay." Mr. RANDALL. I call for the yeas and nays on the oooption of the Mr. BRADLEY. My colleague, Mr. HUBBELL1 is :1bsent bypermis- preamble and resolution just read. sion of the House. The yeas and nays were ordered. Mr. FORT. My colleagues, Mr. WmTING a.nd Mr. HURLBUT, a.re both Mr. LAWRENCE. I ask that the resolution be again read, so that absent by leave of the House. we may understand exactly what it is. Mr. MAGOON. I wish to announce that my colleague, Mr:. KIMBALLj .Mr. FRYE. It is a perfectly safe resolut,ion. who is absent from the House, would if present vote" no." Mr. BUCKNER. Is it in order to discuss this resolution at this The result of the vote was announced as above stated. timet If Eo, I would like to ask the gentlemrm who introduced it to ROBERT C. SCHENCK-EMMA MINE. explain what it is. Mr. FAULKNER, from the Committee on Foreign Affairs, reported Mr. ATKINS. Is there any attempt to infringe upon that power of the following resolution; which was read, considereu, and adopted: the peoplef Resolved, That the rules be suspendefl so as to authorize the Committee on For Mr. KASSON. What member of the House of Representatives is eign Affairs to report on Thursday the 25th instant, immeke in his sending the letter; and now what is the result~ world that in consequence of the member's conduct the usual annual The man had contracted to complete the sliip. At :first ho gets four prices to launch her; he gets S4 000 to complete the ship a~am; and now he ha-s a. contract, as I un- appropriation for a navy-yard in his iiistriot is cut off is to my mind derstand it, under which they agree to give him $25,000 to go on with her, and he a very serious matter, involving serious consequence to the good does not agree in that contract to complete the ship ; he does not seem to be bound name of the member. to do anything but have money. The chairman of the Committee on Appropriations said that "it is * * * * * * * Mr. BURLEIGH. I move t{) amend the clause just read by striking out" $100,000" due to t.he subcommittee of the Appropriations Committee to say and inserting "$50,000." I make this motion for the purpo e of stating that I be- something in reference to why they recommend that Kittery should lieve this continl!entfund, or a portion of it, is used to thwart the action of Congress. not have a civil est-ablishment," and then goes on to state that it is The records will show, and many men on tlris floor will remember, that at the ·in consequence of information that I rendered. la.st session of the Forty-second Congress au act was passed cutting off certain sine- cure officP.s in the different navy-yards-that of rece1ver of and that of clerk of a.c- Does the gentleman not notice that by this arrangement he gets <'.Ounts. League Island retained as a fnll navy-yard, a place no more now like My predecessor (Mr. Lynch) at that time on this floor asserted, as he ha.d done one than any mud-bank in a river or swa-mp a mile from solid land, before, that these were sinecure offices; that the receiver at theKitt~ry navy-yard in particular did nothing but receive his pay; that the Secretary of the Navy him- a pla-ce where, accor.d by the conduct of those in special charge of the remains here in trust, to preserve the public property. He is held responsible for yarJ, for cutting off the appropriation for working it. missing articles. He provides fuel and other accommodations, in r ecess, for the subsequent SE'-'lsion, under section 73, Revised Statutes. He is the intermediarv of Mr. RA.NDALL. I have no objection to the adoption of that reso· our messages to the Senate. Under him, as his appointees, arc the superintendents lution. In so far as the gentleman ha.s attempted to reflect upon me of the folding-room, document-room, messenger s, pages, folders, and laborers. The in connect.ion with appropriations for the naval service, I leave my custody and distribution of llocument.s are under bis charge, the importance of which no one can so well know as a m!'lmuer. In ca.«es of vacan cies in the offices WOl'ks to judge. This very bill in tl.te :.tggrcgate sum, outside of the of Clerk and Sergeant-at-Arms, or their absence or inability to act, the duties of pay of the Navy, reduces the appropriations for the Navy from $11,- the Clerk, relativo to the preparation of the l'Oll, devolve upon him by the thirty. 3252 CONGRESSIONAL RECORD- HOUSE. MAY 22, third Rection of Revised Statutes. In fact be may, by the pre.llaration of the roll, William G. Welch states in his letter that a week or more after the burniua of actually determine, in certain eventualities, the very constitutiOn and party char- the bouse at Crab Orchanl Springs be n;nd others took Tom Scott out and exto;'ten. JOHN now before this committee made by this flower of Texas. Purnell, to show that he D. WHITE, on the 1:Jth instant, in the House, f;y the reading of various/apers, and is not only a thief but a pe~iured outlaw. Nothing approximating the statement he which were by resolution referred to your committee for investigation, beg of you malces about me aml my w1fo ever occmwd. Of course I do not know personally to permit me to make a full statement in defense to all of the said charges, without what my wife may have clone, but I do know that after living with her for about regard to any technical rules of the House to the contrary. And in pursuance twenty-six years that she is inca"(>ableof telling a falsehood; and I believe as firmly thereof I will make the following statement: · what she tells me as I could believe if I were personally cognizant of what she First. In regard to the indictment spoken of by Welch in his letter that was read might be talking of, :mel on the strength of her denial t deny the whole of that tn the House at the time the said charges were made I will state : During the year affidavit so far as it relates to either my wife or myself. 1870 D. W. Jones and myself were in partnership in the keeping of the Crab Or- Thll"clly. I now come to that ill-advised letter. It was written under the seal of chard Springs, in the county of Lincoln, St.ate of Kentucky; and about the 1st of confidence to one I had beb·iemled in a material way, and one who bad befriended November, 1870, I took out several policies of insurance on one-half of the buildin~s mo in the same way; one wbo always made tbe most ful orne n.ttesta.tion and de- and furujture at the sprinl!s, representing one-half interest therein. Some time m monstrations of friemlship, so that I had a. r ight to regard him as a true friend. the month of December, 1870, D . W. Jonf>s m:ule a survey of the main builtlings of Unner these circumst-ances I thought no harm coulcl come out of an absurd gas- tho springs property for the purpose of procuring a policy of insurance on same, conade for amuseDJcut sake, while it was intended for no eye except the p erson and ma.de the application to take out a policy for $7,500 on the main building alone. adilressed, particularly as the whole letter was maue so ridiculous that it was im- The main building was worth some ten or eleven thousann dollars, and not more, pos>~ible for Maddox, to whom it was addressed, to construe it in any other way and Jones had only one-half interest in that. (See affidavit of Thomas U. Gale, here t.han as a lit-tle fun, and he never did construe it otherwise until after he had con· filed as part hereof, and marked A.) ceived tbe idea of engaging in this diabolical combination with his c~mpeers, On the 1st or 2d day of February, 1871, I left the Crab Orchard Springs to Welch, Pnrnl\ll and Clancy, which quarto are now seeking to induce you to put a go to Louisville on privat~ business; and as 1 was Ht.'ll'ting from the depot there serious int.Ewpt t'tation on it for their own base purposes. were several persons, citizens of the :place, standing around the depot, anrlsome I conf,.!ls it was a foolish letter. and that a serious mistake was made in writino- one of them asked me where I was ;:;01ng. I answered that I was going to Louis- sucb a ltn,ter to such a man as Maddox. But, while a. foolish letter, it injures no ville to see about tbe insurance on tne property. During my absence on that oc- one except myself. The persons named in it are of too high standing for such a casion I canceled about ~.500 insurance on my part of the property at the springs. mention of them to affect t.h eir character or standing in the slightest degree; it The main building caught fire and burned down. Jones testified on the examm- waa not intended to in.iure or reflect on any one. At that time my feelings were ing trial of Tom Scott the fi1·e was discovered about eleven o'clock on the 4th. kind and grateful to all of the members of the House for their ha-ving honored me (See transcript of the evidence taken on the examining trial of Tom Scott, which with the office I hold, and of course I coulu not have desired to do any one of them is here filed, marked B, and made a part of this statement.) On my return home an injury or inju."otice in any form. · · I found two of my POns and the sa.id Tom Scott under arrest and cha.rged with set- When I firnt learned that this letter had not been destroyed but was in the bands ting fire to the said main building, and that this man William G. Welch had of my enemies, I made every honorable effort to get it. It could not be procured volunteered his services to defend my sons, and I also learned that this man Will- on any other condition than by giving an appointment 1n the holder of it, aml iam G. Welch had been employed by Jones to aid in extorting the confession from some of my friends advised me to give the appointment for it. But, upon serious Tom Scott. I therefore concluded i.t would not be safe to rely on him, and at. once refieotiou, 'i came to the conclusion that such a purcha e of the letter would not engaged the services of Hon. .M. J. DURHAM and Thomas W. Bullitt. Welch in- onlv be an improper use of tbe appointing power of my offioo but would have seri- formed us what confession would be proven; he stated that he was present at the ously impaired my usofulness in the discharFe of my duties in tbe office, for if I confession, and that said Scott stated that I had held an interview with him before could be forced to appoint any man I might oe forcea to tolerate any sort of mis- I left and persuaded him to agree to set fi.re to the s11id building, and that I would conduct on his part. go to Louisville first and get out an in.s urance on the buildin~_; and that I had done· I well knowing there was nothing in the letter that would dama~e a.nybody ex- so, and written back to my sons to that effect, and they told nim of it, and to go on cept myself, although I had not seen the letter since it was mailed uy me to Mad- and burn the house ; that it was all right for tbe burning, as the insurance bad. been dox, I preferred to submit to the humiliation of the publication of it than to sell completed. Upon _getting this information Judge DURHAM advised me to send out an appointment and my own control over that part of my office. I have not £1own to Louisville for the insurance agent and have him come up and bring the seen the original of this letter, and cannot say whether tho published copy is a canceled policy, that is, the one that had been canceled just t.wo or three days be- true one or not. fore the burning; and upon the production of the canceled policy with the testi- The forl\going contain the exact facts in reg'\rd to this letter, and therefore is all mony of the insurance a~ent the waiTa.nts were dismissed against my two sons, that I can say about it. though Tom Scott was held over to answer an indictment. The postmaster of Stan- All of which is respectfully submitted to your hononble committee. ford, I think, and ono of tbedepnty United States marshals went on Tom Scott's bail- L. H. FITZHUGH. bond for his appearance, which was 150, aud took him down to Louisville, where he was persuaded to bring suit against D. W. Jones and others for his arrest and mal- The SPEAKER pro ternpore. The resolutions are now before the treatment. (See transcript of the C'lse, which will be filed as soon as it reaches me.) House for action, and the Clerk will again read them. I have information that the transcript baa been made out anrl mailed to me on Mon- The Clerk read as follows: day last.) After this suit was broul!ht, this same man Welch and his party threat- ened me with a prosecution if I did not induce Tom Scott to dismiss his snit. I Re8olved, First, that the office of Doorkeeper be va{)ll.ted by the present incum- had no control over Tom Scott and could not have influenced him in that matter, bent. . . and would not have stopped his suit then if I could, because I was anxious to have Resolved, Second, that the duties of Doorkeeper bl:l, and the same are hereby, de- the charges against me and my two sons fully investigated. volved upon and consolidated with the office of Sergeant-at-Arms until otherwise True to the threat made by Welch and his then compeers, they did have us in- orderecl. dicted, (copies of which indictments are now before this committee.) The trials were bad under all of the three said indictments, and the proof so signally failed Mr. RANDALL. Unless some debate is desired on the report aud to sustainthecbargesundertwo of the indic.tmentstha.t thejmlge-Hon.Mr.Fox- accompanying re olutions, I shall demanrl the previous question. refnsed to let the jury act on them; but at the earnest urgency of my counsel Mr. WOOD, of New York. I ask whether this recommendation of the judge tlid let the jury have one of the cases, and the jury were not out more the committee is not susceptible of division f than fi>e minutes at most before they brought in a verdict of not guilty. All of these facts Hon. JudJ!e DunHAM ought to remember, except the fact that William The SPEAKER pro tentjJore. It is. G. Welch gave the information as to the extent of Tom Scott's confession and stat- Mr. WOOD, of Now York. Then I ask for a division of the prop- ing that he was with the party nt the time the confession was made, as his (Hon. osition. __ Judge DURHAM's) testimony in tho case of Tom Scott vs. J one et al. differed from The SPEAKER PJ'O tempore. They are substantive propositions, mine in this particular: The policy of insurance I took out on the springs prop- erty in the fall of 1870 was for ~10,500, I think, and when in Louisville dUYing the different, and can be divided. fh-st part of February, 1871, I canceled $9,500 of it. I think; so there could have Mr. RANDALL. They were designedly made so. existed no pecuniary in!lucement for me to have de ired the property destroyed, Mr. KASSON. Let the resolutions be again read. and inn.smuc h as Jones had a policy on the property for more than 1ts value, malice 'l'he resolutions were again read. againRt him could not have induced me to desire ~ts destruction; besides I would have lost too heavily myself to desire its destruction, however much m:tllce I may Mr. RANDALL. Asthisdivisionhn.sbeencalledfor, it may bAproper havo home to Jones. for me to say that the second resolution merely transfers the duties 1876. CONGRESSIONAL RECORD-HOUSE. .3253 temporarily. The House to-morrow, or next week, or the beginning mine on a consolidation of the two offices, then there would be a neces- of the next session can provide for Doorkeeper as heretofore. The sity for some legisbtion. committee thought it important that security should he had, and The resolution was adopted. therefore assigned one of the officers to dischar~e the duty temporarily. 1\ir. RANDALL moved to reconsider the vote by which tho resolu· 'l'hey did not wish to express any sent.i ment rn reference to the per- tious were adopted; and also moved that the motion to reconsider manent consolidation of these. t.wo offices. I demand the previous be laid on the table. question. The latter motion was agreed to-. The previous question was seconded and the main question ordered. The SPEAKER p'l·o te-mporl}. The question now recurs on the adop- ORDER OF BUSINESS. tion of the first resolution. Mr. HALE. I call for the regular order. The Clerk read as follows: Mr. WELLS, of Mississippi. I rise to a question of privilege. Resolved, That the office of Doorkeeper be vacated by its present incumbent. The BPEAKER pro tempo1·e. As these questions of personal priv- ilege are becoming rather frequent and inasmuch as the rule gives The House divided ; and there were-ayes 80, noes 18. the Chair the privilege to entertain them or not, the Chair hero- So (no further count being demanded) the resolution was adopted. after will submit them to the House in every ca-se where he has any The SPEAKER pro tempore. The Clerk will now read the second doubt. resolution. Mr. HALE. I raise the question of order that after the gentleman The Clerk read as follows: from Georgia [Mr. BLOUNT] has been recognized by the Chair any Resolved., '.rhat the duties of Doorkeeper be, and the same are hereby, devolved question of privilege must remain in abeyance unless the gentleman upon and consolidated with the office of Sergeant-at..A.rD.J.B until otherwise ordered. from Georgia yields the floor. The SPEAKER p1·o tentpm·e. The Chair sustains the point of order Mr. GARFIELD. I suggest that the gentleman leave out the word made by the gentleman from Maine. "consolidated." Mr. WELLS, of Missil;sippi. I understood that I was recognized Mr. RANDALL. I have no objection to that. by the Chair. Mr. GARFIELD. It should be stricken out if the gentleman means The SPEAKER pro tempore. The Chair had recognized the gentle- to provide only for a temporary arrangement. man from Georgia, [Mr. BLOUNT.] . Mr. RANDALL. The committee were unwilling to make any recom- Mr. BRIGHT. I ask the gentleman from Georgia to yield to me to mendations for permanent action of that kind. make a motion. Mr. GARFillLD. Then I would not say " consolidated with the Mr. BLOUNT. I decline to yield to the gentleman. 1 do not know office of Sergeant-at-Arms," because it might complicate matters af- how much my yielding to him might imply. terward. Mr. KASSON. I sn*gest that the resolution read "devolved upon UNION PACIFIC RAILROAD. the Sergeant-at-Arms, ard not" consolidated wit}l the office of Ser- ~ir. CROUNSE. I desire to enter a motion to reconsider the vote geant-at-Arms." by which on Saturday a copy of the opinion of the judge of the cir- Mr. R.A.bTDALL. I am willing to so modify the resolution to say cuit court of the United States for the State of Iowa in the case of "Sergeant-at-Arms" instead of "office of Sergeant-at-ArinB." The United States ex 1·el. Hallet al. vs. The Union Pacific Railroad, The SPEAKER pro tempore. The Chair heo.rs no objection, and the upon the subject of the tolls charged by that road, was referred to the aruemlment will accordingly be made. Committee on the Pacific Railroad. Mr. WOOD, of New York. The word "temporarily" should be in- The SPEAKER pro tentpore. The motion tu reconsider will be corporated in the resolution, as that will make it more distinct. We entered. have already va-cated one office, and are now devolving the duties of POWDER MAGAZINE ON ELLIS'S ISLA.Nl}. that office upon another office-the office of Sergeant-at-Arms. Mr. RANDALL. I have no objection to inserting the word "tem- Mr. BLOUNT. I yield to t.he gentleman from New Jersoy [Mr. porarily," if the ge,ntleman desires it. !IARDENBERGH] to offer a resolution for reference. Mr. WOOD, of New York. I think the word "temporarily" should Mr. HARDENBERGH, by unanimous consent, submitted the fol- be incorporated in the resolution. lowing preamble and resolution; which were read and referred to - The SPEAKER pro tempore. There being no objection, that will be the Committee on Public Buildings and Grounds: done. Whereas. by rea.son of the proximit-y to the most densely-populated :portions of Mr. MORRISON. That is provided for by saying "until otherwise the cities of Jersey City and New York of the powder-magazino on Ellis's Island, in the bay of New York, a gre.a t sense of danger and insecurity to the lives o! a ordenm.." million of people exists : Tlierefore, Mr. RANDALL. It is all there now. I ask the resolution be read lluolved, Th3t the Committee on Public Buildings and Grounds be request-ed to a.a it would be if amended. consider and report a bill providin~ for the speedy removal of the said powder• The Clerk read as follows : magazine to a location where such a..'tllger cannot exist. .Resolved, That the duties of Doorkeeper be, and thf' same are hereby, temporarily NAVAL APPROPRI.A TION BILL. devolved upon the Sorgeant-at-.A.rms until otherwi!le ordered. Mr. BLOUNT. I now move that the rules be suspended and the Mr. RANDALL. The word "temporarily'' is not needed. The House resolve itself into Committee of the Whole on tho naval appro- resolution as reported will entirely answer the purpose, and covers priation bill. the object desired by the gentleman from New York. The motion was agreed to. ~ The SPEAKER pro tempore. The word " temporarily" will not be The Honse accordingly resolved itself into Committee of the Whole inserted. on the state of the Union, (Mr. CLYMER in the chair,) and resumed .Mr. KASSON. Before the vote is taken on this resolution I wish the consideration of the bill (H. R. No. 3375) making appropriations to ask the gentleman from Pennsylvania if the committee have con- for the naval service for the year ending June 30, 1877, and for other sulted the Revised Statutes regulating and prescribing certain duties purposes. of the Doorkeeper of the House and ascertained positively whether The CHAIRMAN. When the committee rose on &.1tnrday the pend- by simple resolution those duties can be performed by the Sergeant- ing amendment was that offered by the gentleman from Tennessee, at-Arms! [Mr. WmTTHoRNE,] which the Clerk will report. Mr. RANDALL. The provisionS of the Revised Statutes o.re recited The Clerk re'ld as follows : in the body of the report. After the words "seventy-five hundred men," in lines 16 and 1"' insert the follow- Mr. GARFIELD. Devolving those duties upon the Sergeant-at- ing: Arms does not carry the salary with it. That from and after the 1st day of July, 1876, ·the officers of the N av_v shall ra. Mr. KASSON. I am not speaking o~ the salary; but the Doorkeeper ceive the following pay, namely: Aclmiral, $10,000. having been removed can we provide by simple resol ut,ion the Sergeant- Vice-AdmiraJ, $3,000 at-.Arms shall perform the duties attached to that office under the Re- Rear-Admiral, ~6,000. vjsed Statutes f There are provisions of the Revised Statutes which Commodore, $5,000. I am sure cannot be tmnsferred by simple resolution of this House. Captains, $3,500. Commanders, $3,000. · Mr. RANDALL. We simply provide the duties of the Doorkeeper Lieutenant-commanders, first five years after date of commission, $'2,500; after temporarily shall be performed by another officer of this House. five years from date of commission, $2,700. .Mr. GARFIELD. I think the resolution in its present shape is a Lieutenants, first five years after date of commission, $2,000; after five years very proper one. I desire, however, to suggest that I think gentle- from date of commission, $:2,400. Masters, first five years after date of commission, $1,600; after five years from men of the majority may find it necessary very soon to make provis- date of commisl!io.n, $1,800. ion for a permanent Doorkeeper with full powers. I think they will Ensigns, first five years from date of commission, $1,200; after five years from .find that the consolidation of the two officers cannot be made with- date of commission, ~1,400. out additional legislation, and I doubt whether such consolidation Midshipmen, $1,000. Cadet midshipman, $500. would be wise if made. Mate.~, 900. Mr. MORRISON. This is not our la-st maR.. We have some others. Medical and pay directors and medic:U and pay inspectors and chief engineers, Mr. RANDALL. The gentleman from Ohio will see that by this having the same ra.nk at sea, $J,600. resolution we make provision that we shall not be without some one Fleet sW'geons, fleet engineers, and fleet payma.sters shall receive the pay due to them, respeotiveJy, as surgeons, ohief engineers, and paymasters, aooorclllig to their to perform the duties of Doorkeeper. If the majority should deter- ra.nk and length of service; and no increa.\!e of pay hi to be ..~d~ -~ either of said 3254 CONGRESSIONAL RECORD-HOUSE. l\faY 22. grades of officers on acconnt. oi their being assigned to duty as fleet surgeons, fleet call the attention of the committee to the very fact that it recom- en¢neers, or fleet paymasters. mends an abolition of the officers in the volunteer Navy, of whom ~ur~ona, paymasters, and chief engineers, first five years after date of commis- Rion, ~~500; second five yPars after date of conimission, 2, 750; third five years nineteen are assistant surgeons. When you look at the number of after date of commission, $3,250; after twenty years from date of commission, sm·geons now in the regular naval service, the propriety of the $3,500. propo ition of the committee to reduce that number will be ap- For pay of passed assistant surgeons, passed assistant engineers, and passed as- parent. I have to inquire what is the necessity, what the occn,- sistant paYIIlast"Rrs, ~t five years after date of appointment, $1,800; after five years from date of appomtment, 2.000. sion, or what the demand in the public service that you shall main- For pay of assistant surgeons, assistant engineers and assistant paymasters, first tain :md pay officers who come in merely nnder the nomina.tion of five years after date of appointment, $1,600; after five years from date of appoint. the Secretn,ry of the Navy T Again, there are ten officers now in the ment, $1,800. · servit:e, most of whom have been on duty at the navy-yards, known For pay of naval constructors, first fiv(l years after date of appointment, $2,800; second five years after date of appointment, $3,000; third five years after date of as civil engineers. From the examinations made by the committee, appointment, $3,200; fourth fiveyearsafterdate of appointment, $.'3,400; after twenty and from the almost universal opinion of every competen~ officer of years from date of appointment, $3,600. the Nn,vy of the United States, there is at the present time no occa- For pay of chaplains, first five years afMr date of appointment, $1,200 ; after five sion or demn,nd for the services of these men. It is proposed uy this years from date of appointm6Ilt, $1,800.. And the pay of all other ofticers on the active list of the Navy shall remain as it amendment to n,bolish these useless and unnecessary officers in the is now provided by law; and when any of the officers hereinbefore mentioned, ex- naval service. Taking the abolition of these two corps, so to call cept the admiral, vice-admiral, ancl naval constructors and assistant naval con- them, you hn,ve a reduction in tbe expenditures of the Government, structors, shall be on shore duty or on leave or waiting orders, their pay shall be reduced from the rates herein fixed in the same proportion as it is reduced from .first, a.s to the volunteer officers of the Navy, 40,000; and second, as sea pay by existing law. to the civil engineers, of about $24,000 per annum; and it is in this And after the .pa.'lsage of this act there shall be no promotion to the gnule of rear- spirit and view, and not in hostility to the naval service, that the a(lmiral until their numbe1· shall be reduced below three; and no promotion shall majority of the Committee on Navn,l Affairs have ma(le their recom- be made to the grade of commodore nntil their number shall be r educed below six; and nojromotion shall be made to the gra-de of captain until their number shall be mendn,tion. I mn,y sn,y tbn,t it is my object and purpose hereafter to reduce below forty; and no promotion shall be made to the grade of commander make the pay of officen; of tho Navy conform and harmonize with the until their number shall be reduced below fif1 .y ; and no promotion shall be made pay gi van to officers of the Army, grade for grade, and rank for rn,nk. to the grade of lieutenant-commander nntil their number shall be reduced below I believe that would be just, not to the officers of the Navy only, lm t -«3ixty ; and no promotion shall be made to the p;rade of lieutenant until their num- ber Shall be reduced below one hundred and fifty; and no promotion shall be made to the people of the United Stn,tes. to the grade of chief enginee-r until their number shall be reduced below forty; and [ Here the hammer fell.] no promotion shall be made t() the wade of pa-ssed assistal!t engineer until their .Mr. HALE. Mr. Chairmn,n, I want the committee . to realize fully number sh!!.ll be reduced below seventy-three ; and no promotion shall be made to the importance of this amendment and then tn,ke the responsibility. the grade of assistant engineer nnt;:..l their number shall be reduced below forty- seven; and no promotion or appointment !lball be made to the grades of medical It is the first time upon discussion, and the matter being fully pre- director and medical inspect.or and pay director and pay inspector and assistant sented to the House, that the question has come up since the great naval construct()r nnd civil engineer; and no promotion shall be made to the grade war, of striking at one of the military establishment.s of the Govern- of paymaster until their number shall be r educr.d below twenty-five ; and no pro- motion to the grade of naval constructor until their number shall be reduced below ment. Now, I do not know that anything I can say or that any gen- six:. All officers of the volnnteer service of the Navy shall be discharged from tleman cn,n say on this side of the House would prevent this reduction service after the 1st of July, 1876: and ~ws authorizing the appointment or em- of the pay of naval officers being carried by the majority in this ployment by the Secretary of the Navy of any person in the volunteer Navy shall Hon~:;e, but if it is carried the responsibility, Mr. Chairman, must be be, and are 'hereby, repeated: Provided, That all civil engineers now in the naval sarvice shall be discharged on thelst day of July, 1876. theirs. Everybody ren,Jizes, and none will admit it more fully than gentlemen on the other side, that the exploits of the Union Nav-y dur- The CHAIRMAN. The gentlemn,n from Tennessee [Mr. WHIT- ing the war added luster to the American name. I say nothing of THO&..'m] is entitled to the floor. the exploits of those who were opposed to that Navy. Gentlemen Mr. WHITTHORNE. My friend from Georgia, [Mr. BLOUNT,] who should realize that in this connt.ry, under our frame-work of Govern- has charge of this bill on behn,lf of the Committee on Appropriations, ment, we had but one wn,y in which to reward the galln,nt men who desires to make a remark or two. I yield to him for that purpose. brought up our flag from that period of war and of bloodshed. It Mr. BLOUNT. I ri!)e simply for the purpose of saying that when was not by ennobling; we had no lordships; we had no orders of these amendments were offered by t·he chairman of tbe Committee on knighthood ; we had no grants of land; we had no wealth to endow Naval .Affairs and printed, I called the attention of the Committee on them with a-s other countries had, but we paid for ·their services Appropriations to them, and the committee determined to take no by the establishing of rear-n,dmiralships and admimlships, and we action favorable or unfavomule upou tllem. Coming from the Com- affixed to those ranks pay commensurate with that of like rank in mittee on Naval .Affairs, the Committee on Appropriations thought it other countries. Those men are to-clay occupying those offices. I proper and right that they should be considered by the House, that find upon the navallit-3t proposed to be strnck at by the gentleman the House might take what a-ction upon· them might seem to be from Tennessee, [Mr. WHI'ITHORNE,] while representing himself to be right. a friend of the Navy, such names as Porter, and Rowan, ancl Davis, Mr. WHITTHORNE. The purpose that the Committee on Naval and Rodgers, and Worden of the Monitor, and I might goon enumer- Affairs had in directing me to report this amendment for the consid- ating a dozen others. 'These men have had their pay fixed undoubt- eration of the House at the present time wa.s to align itself, so to edly at rates higher tllan those paid anterior to the war largely in speak, with the spirit of reformation already flntered upon by this consideration of their services, and now it is proposed to strike at House in obedience to the public sentiment of the country. The ac- them, to take from the Admiral $3,000 a year, and to take from the tion of the committee wn,s for the purpose of reducing not only the rear-admimls, the commanders, the captains, and all the officers down pay of the officers, but the number of the officers. I call the atten- in the same proportion. tion of the committee to the fa.ct thn,t there are sixteen hundred and Now this is the only way in which you can strike at these men un- twelve commissioned officers in the United S~ates Navy, and that, less you abolish them completely. Tlle gentleman has not ye.t got taking the cadet enrrineers and the cadet midshipmen ancl the volun- the hardihood to propose to abolish these gallant men from the serv- teer officers of the Navy, there are some nineteen hundred and fifty- ice and to send them out to the country with nothing with which to three officers; that when you come to apply tllat nnm bar or divide it maintain themselves, but so far a-s he dare he proposes to reduce their among the number of men that n,re provided for in this bill, you have pay. I sn,y that the pay of American naval officers is to-(by lower four men for each officer; and that this is disproportioua11e ; in other than that of any other navy of a like size in the civilized world. I words, that the naval service ha.s become topheavy; and tha~ it is say that in a.ddit.ion to the pay of officers iu other navies they receivo with a view to economy, as well as efficiency in the service, that the a fund so that in foreign countries they may keep up a system of en- Naval Committee has made the recollllllendatious which I have sub- tertainments, and not only protec.t the citizens of their country, but mitted to the House. carry on the duties of hospitality which are recognized as appropriate First, sir, is the reduction of pay. I have to state to this commit- to the navy. Look at the British Navy Register. I find' that au tee that the reduction of pn,y averages about 10 per cent. In some admiral has in addition to a salary almost equal in amount to that cases it is more; in other cases it is not. But the main purpose kept given to ours, for what is cn,lled table money, to the amount of $8,000 in view on the part of my committee was to mn,ke this reduction a year, and I know that when a rear-admira.J in European, in the Medi- conform to and h:1rmonize with the reduction made by the Hoose in terranean squadron, in the Asiat,ic waters, and on the South Americn,n the pay of the military bmnch of the service. Let gentlemen reflect coast, whenever he invites a ~:>tranger to dine and give him a good. for a moment thn,t according to your present Nn,val Register you table and a bottle of wine, has to pay for it out of his own pay. would have twelve officers of the rank of major-gener.1l, a greater I know that these men who command fleet and whom wo wer~ number of officers of that rank for seventy-five hundred men, if you taught during four years' of experience of war to look up to aneem to gentlemen on the other side of the House who have the platform of the Ohio democracy. spoken in opposition to this amendment, I renew the assertion made There was a certain convention in Cincinnati a few days ago; and by the gentleman from Tennessee [:Mr. WHITTHOHNE] that the amend- most of us, except the gentleman from Ohio, watched its proceed- ment offered to this bill uy the Committee on Naval Affairs was ings and read 4_ts resolutions. We ·also read the resolutions which oftered in good faith. that convention voted down; and I want to read for the g~ptleman's At the beginning of this session the Committee on Naval Affairs benefit an extract from the majority report to that Ohio democratic were charged with the duty of inquiring into abuses in the Navy, convention. · and also, if it were possible, in the present depressed condition of the Mr. BANNING. Will the :;entleman allow me-- finances of this country, in the prostrate condition of its industries, Mr. HALE. I cannot yielu. in view of the poverty that was increasing around every fireside tm- In one of those resolutions it is declared: til it amounted almost to destitution, and while the compensation of Resolved, That we thank the Hoose of Representatives of the Congress of the all other public ~fficers wa.s being reduced-they were directed to United St~tes for its efforts in the reduction of public expenditw·es, reducing them, inquire if it was possible that the pay of officers of the Navy might as is proposed, nearly $40,00'0,000. not be somewhat reduced. In obedience to that command of this hon- When I read that I looked for its adoption; but I found further on orable House, the committee of the House char~~d with m:Wring that that the reading of the report was followed by considerable confu- inquiry have reported totllisHouse what they believed may be a.dopted sion, and frnally under the previous question the vote was taken as the just pay for officers of the Navy. upon the report of the minority aa a substit.ute for t.he majority re- No gentleman on t,he other side of the House has a higher regard port from which I have read; and the minority report was adopted for the American Navy than I have. No gentleman on the other side by a vote of 368 yeas to about 300 nays. In looking over the report of the House has a higher regard for the honor of the Army of the which was adopted I fail to see a single word commendatory of this United States than I have. But highly as I regard the gentleman frantic effort to strike down expenditures whether right or wrong. from Iowa., [Mr. KAssoN,] highly a.s .I regard the gentleman from The gentleman is therefore driven to OM of two conclusions : ei thor Maine, [Mr. HALE,] my estimate of those gentlemen would be some- tbat convention did not represent the voice of the people of Ohio, or what increased if I could be assured that in the dark and perilous if it did it snubbed the gentleman from Cincinnati and other gentle- hours of this country, when the men whom they have lauded, and so men of as large experience here and elsewheto in their efforts at zealously lauded, stood up to vindicate the integrity of this Govern- economy. ment at the cannon's mouth, they themselves in that hour gave aid Mr. BANNING. I would like to ask the gentleman from Maine a. and comfort to them by their personal service in the field. question. They get up here now and profess to be the only champions of the Mr. MILLS. In order to give the gentleman from Ohio [:rtfr. DAN- Army and of the Navy; they profess to be the only respecters in this ~'ING] an opportunity to continue the debate, I withdraw my amend- Hall of patriotism. Sir, true patriotism does not require prosperity ment that he may renew it . for its growth, does not grow only in sunshine. It is a plant that . Mr. BANNING. I renew the amendment. I wish to ask the gen- grows in the noisome pestilence of the dungeon and holds compan- tleman from Maine which one of those reports he adopts. ionship with chains. Show me the man who when the herald sounded MI·. HALE. I have never seen in the proceedings of any demo- for the champion periled life, liberty, and property, and all he bad cratic convention any set of resolutions, majority or minority, that I for the defense of his country, and I will show you a man whose pa- would adopt. · triotism is without discount. Mr. BANNING. That is the fact. The gentleman has told the Do gentlemen mean to assert that an Admiral of the United States truth. He never did see anything in any dem«?cratic platform that Navy cannot render aa much service to t,he Government on a. salary he would indorse. · of $10,000 a year as he wouJd on a salary of $13,000 f His salary will The gentleman would not indorse that democractic majority that be above that of the Vice-President of the United States, above that turned his party out of power because of the waste and extravagance of the Chief Justice or any of his associates on the supreme bench, of the public money of which they have been guilty. And to-day, in· men who labor like dray-horses from one end of the year to the other. stead of standing here as he should, laboring for such legislation as We propose onl~ to reduce the salary of an Admiral of t,he Navy from is in the interest of t.he people, he stands here to speak upon poli- $13,000 to $10,000 a year. tics; and when a committee of this House reports a moa~:>ure having The gentleman from Iowa [Mr. KASSO~] speaks of the number of economy for its object, he stands here to hurl back into their teeth rear-admirals being reduced from twelve to three. The correspond- the charge that the American people do not want from them any re- ing rank in the Army is that of major-general, and there are but three duction of Army expenditures. major-generals in the Army, and they command 25,000 men. Why Mr. HALE. Now let me ask you a question. should we have on the active-list of the Navv twelve rear-admirals Mr. BANNING. No, sir. and on the retired-list thirty-eight rear-admirals T Mr. HALE. I let you put a question to me. The gentleman speaks of stopping promotion in the Navy. Why Mr. BANNING. The gentleman's e~ true inwardness" has come out; not f Promotion now is so rapid that officers rush up to tlle top of it is fully developed. His opposition to this measure of economy is tlle ladder, and then get out of the way of others by retiring on tbe not that the country does not demand it; bot because, forsooth. some highest ranks, such as commodores, rear-admirals, &c. of those who bring it in here were serving in the confederate army, The American Navy started before the American Government was whHe the gentleman was not serving in the Union Army, he hurls into formed, and the commander-in-chief of that Navy received for his their teeth the statement that the country does not want them to re- salary but $1,200 a year. Sir, when Paul Jones was a second lieuten- duce the expenses of the Army or the lravy. .. 1876. CONGRESSIONAL RECORD-HOUSE. 3259 Mr. HALE rose. are political positions and sinecures. I know they do not visit the timber. I do Mr. BANNING. Now, Mr. Chairman, I hope I will not be inter- not think they are ex-pected to do anything. Q. Yon do not think they do any 'vork ~ rupt£(.} again. I say this is cheap work. The country does not, ob- A. I know it. It is not expected of them. They simply draw their pay, $40 a. ject to reducing the naval officers as this bill proposes or to reducing month. and nothincr to do. the pay of Army officers. It rloes not object to the reduction of the Q. When were these timber agents appointed 7 pay of a brigadier-general to $5,000, of a major-general to $6,000, of A. In 1872, I think. Q. What is your politics 1 a Lieutenant-General to 8,000, and of the General of t.he Army to A. Republican. $10,000. Even that retluction puts them on a better footing than the honorable gentleman from Maine, who comes here to represent his Other witnesses testify to the same facts. constituents at a salary of $5,000 a year. It ~ives them more than he Thus it will be seen how securely the Government c:m rest under receives: Now wou1d his constituents consider these officers more the watchful care of these ever-faithful guardians of her interests, valuable to the country than their Representat.ive T confidently believing andjeeli11g that all iB well. For the past ten ye::trs Are the:5e officers more valuable to the country than Cabinet offi- this thing has been going on. The appropriation for the pay of these cer~:~ f I sa.y, the country and the people will say that these salaries unnecessary and worthless appendages being $5,000 per annum. arc large enough. . There are at this time ten or twelve of tuese a~ents drawing sala- The gentleman from Maine cannot name, as he undertook to do, a ries all the way from $40 per month np to $1,00u per year, none of single man who will resign and not take the salaries. He need not whom reside within fifty miles of the timber and some as far as one attempt to get away from telling this House that these men fight for hundred and fifty miles distant; not one of whom has eYer visited money ; that we give them those large salarie because they earned those reservations; a.nd they admit that they do not even know where them in the war. Let me ask him did we pay the million of soldiers they are. They have nothing to do; iu fact they are in some cases who carried knap acks $16 a mouth because they earned it by their notified at the time of their appointment that they will have nothing heroism, a.nd no more 1 vVas that the reason we did it, f Did they to do but the arduous task of drawing their salaries. fight only for that amount of money f The gentleman told us we They are given no directions; there are no duties assigned them, could not make these niou knight.s a.l)d lord!:! and great people, and no reports required of them, no inquiries made of them, nothing ex- therefore we va.itl them this money. I repudiate all such sayings in pected of them. the name of the Navy and in the name of the Army. It is a shame They are selected from all gra-des and classes: one is a barber, an- that a.n American statesman, an American Congressman should make other a preacher, others are farmers, a number aro gentlemen of lei- known to Europe and the world that in America we pay our soldiers sure, while all are politicians. The latter qualification seems to be for their blood with money. Thank God, no man on this side of the the only necessary prerequisite for a first-class timber agent. House thinks that, not one of them. "Political positions and sinecures," say the witnesses. Rather ex- My colleague laughs; he knows that it is not so. Every man who pensive luxuries, and it seems to me that the Government conld pos- ' concedes t hat it is right and proper to pay to the civil officer, and to sibly exist and its timber be just as safely cared for without them. the officers in the Army or the Navy, and in fact to a,Jl the officers of Mr. Chairman, the country is burJened with debt, oppressed with the Government, only a fair, just, and reasonable salary must come taxation; business of a.u·kinds languishes; the agriouHura.l, mech::.m- to the conclusion that the salaries provided are sufficient and that ical, and mining interest-s are depressed ; the cries of financial distress the present distressed condition of the country will not ju~tify us in come up from all pa.rts of the country. Sir, with these facts staring giving more. us in the face it becomes us as the guardians of the public interests [Here the hammer fell.] and as legislators to curtail the expenditures of the Government to Mr. HALE. Now will the gentleman answer me one question f the lowest possible limit that it can be done without injury to a ju- The CHAIRMAN. The gentleman from Missouri is entitled to the dicious administration of its a1l'a.irs and the well-beiug of the people; floor. to lop off all sinecures, discharge all useless attaches that like leeches Mr. DE BOLT. Mr. Chairman, in the five minutes allowed me I are sucking the very life-blood of the nation; stop all extravagance, desire to say a word or two in rerrard to a matter that needs correc- and honestly apply the money drawn from the people by taxation to tion. In the State of Florida the Government owns large reservations the payment of our pnblic debt. of live.oak and cedar lands, the timber on which is intended for use This, sir, is our duty. We owe it to our constituents, we owe it to solely for ship-building and naval purposes. our country; let us perform it fearlessly. I hope no more mouey will For the protection of this timber and to prevent its being wantonly be appropriated for the benefit of these agents. destroyed anti carried away the naval authorities from time to time Mr. DANFORD. I ask my colleague to withdraw his amendment aproint agents for the ostensible purpose of guarding the same. and I will1·euew it. To show how faithfully theso agent.s perform their duties, how sa- Mr. BANNING. I withdraw the amendment. tJredly they guard the interests of the Government against trespassers Mr. DANFORD. I renew it. I have no doubt the gentleman's and evil-doers, I desire to introduce a.nd read portions of testimony facts are exceedingly interesting, but they have notP.ing to do with taken before one of tho committees of this House. the proposition before this committee. 'l'his is a. proposition about B. F. Livingston testifies: which I feel earnestly, and that the committee should vote on it un- By the Chn.irm:m., R. A. DE BoLT: derstandingly. I takeno part whatever in the political phase of this Question. Are you n. tim bcr agent ju Florida f discussion. I feel sometimes thankful that I do not represent a con- Answer. I am; was appointcti tirst in 1872. stituency upon this floor that either have a:n interest in a navy-ya.nl Q. Are you a timber agent now 1 or for whose loyalty or patriotism I have any occasion to apologize. A. lam. I desire to call the attention of the committee to the correction of Q. How far do you live from the timber! tho figures I used in my remarks a few moments ago, made by the A. I do not know, sir. Q. Do you know where the timber is¥ chairman of the committee. The chairman is mistaken in the correc- A. No, sir; I do not know whero it is. tion he makes. The furlough pay of n. naval officer is one-half of his Q. What dutius b:we yon performed as such agent! pay when waiting orders. 'l'he pay of a captain when waiting or- A. Nothing, sir, but dmw my pay. ders is $2,177.91, and one-half of that is $1,088.96. Henry Clews, witness: And now, sir, in regard to the remarks made by gentlemen on the Question . .Are ~on a timber agent in Florida. 7 :...other side of the House that tp.ere is no need for the pay of au officer Answer. Yes, s1r. · of the Navy beiHg greater than the pay of a member of Congre s or Q. How far do you live from tho timber yon are expected to guard~ the pay of officers occupying posit.ions of el]_ualresponsibility iu civil A. I do not ]mow anything about the public tloma.ins and did not try to find out. Q. Diu you ever see or visit the tim bed life. Let me say, in response to that, we have tho fact that an officer in A. No, sir. the Navy practically has no home. He is subject to orders every da,y · Q. Did you perform any service under that appointment1 and every hour that he lives. When he is abroad on his ship his A. No, sir; nothing but draw my pay. family are at home without his care and attention. And we Hll know Q. What was your salary? A. Forty-one dollars a month. that, circumstanced aa bA is, be requires, in order to make both ends Q. What iR the politics o£ these agents. meet in life, a larger pay than if he had a fixed home. A man who A. They are republicans. is required to live one year in the city of Washington, the next in the IsADORE BLOOUENTBALL, collect<>r at Cedar Keys: city of Norfolk, and aft~r a few months' service there is ordered per- Que. tion. Do you know ansthingin regard to the appointment of timber agents haps to the coast of Maine, having to break up his housekeeping ar- bt }<'lorida. ~ rangements, and moving hundreds and sometimes thou~:~ands of miles Answer. I tlo. I know them all. every two or t,bree years, is at an expense to which no man in civil Q. How many are there1 life is subjected. A. Ten or twelve. Q. Nameone. I do not belive that the pay of the officers of the Navy as fixed by A . .Arthur SincLly a check. purpose of limiting the debate on the amendment and tho t.~.mencl­ I think, sir, the Government ought to an from Texas propose to strike taken the chair, Mr. CLYMER reported that the Committee of the that outf Whole on the state of the Union, pursuant to the order of the House, Mr. MILLS. There is an amendment now :pending. But if at the had had under consideration the special order, being the bill (H. R. proper time the gentleman, will propose to strike that out I will go No. 3375) making appropriations for the naval service for the year with him. ending June 30, 1877, and for other purposes, and had come to no Mr. BLOUNT. I ask that debate on the pending amendment shall resolution thereon. · now clo e. Mr. BLOUNT. I move that the House resolve itself into Commit- Mr. HARRIS, of Massachusetts. I desire to say a few words. tee of the Whole on the state of the Union for the purpose of re um- Mr. BLOUNT. I yield to the gentleman, inasmuch as he is a mem- ing the consideration of the 11aval bill, and ponding that motion I ber of the Committee on Naval Affairs. move that all debate upon that pending amendment and the amend- Mr. HARRIS, of Mas aclmsetts. I have not thus far participated ment thereto close in one minute. in t.his debate, because I believed other gentlemen more familiar 1\lr. KASSON. Does the gentleman mean t..o include the ent.ire with the subject t.han I am would discuss it more to the edification amendment of the gentleman from Tennessee, [Mr. WHITI'HORNE f] and instruction of the Hoose. But, Mr. Chairman, I want to call Mr. BLOUNT. Yes, sir. the attention of the committee to a, fact which is of course well under- Mr. KASSON. I will ask him for five minutes, not to make any stood, but it is proper that I should call the attention of the House to political remarks, but to discuss a matter of pract.ice. it, that we are dealing now in this summa.ry manner with one of the .Mr. BLOUNT. I accept the modification, and move that all debate most important branches of the public service. be limited to five minutes. I should like to know the wish of the It is the mission, at least it is claimed to be the mission, of the ma- Hoose in regard to whether they would prefer to continue the con- jority of this House to strike at public abuses. So far as the people sideration of this bill until six o'clock or to have a night session. demand of this House the cutting down of extravagant expendi- Mr. PAGE. Let us have a recess. tures and the reduction generally of the expenses of the Government, Mr. RUSK. 0, no; you will do more business in one hour now than I certainly shall interpose no objection. But, Mr. Chairman, when you will durincr the whole night session. and where has the demand been made upon this Congress that the Mr. BLOUNT. Then I will insist upon my motion to close debate. Army or Navy should be reduced in the manner now proposed T Where The motion was ~~YJ"eed to. has come the call upon this House to strike-and when I use the word The question recurred on the motion that the House resolve itself strike I use it in no improper spirit and in no offensive sense-where into Committee of the Whole on the State of the Union. bas come the demand to strike at the Admiral of our Na~y, ane tune to be moving in the track of t.ho commerce of the enemy. There- read. fore that cannot be considered an equivalent to longevity pay, which The Clerk rea.d as follows : affects all the officers of tue Army. And after the passage of this act, there shall be no promotion to the grade of rear- In view of the limited t.ime allowed for debate, I believe this is all admiral until their number shall be reduced below three; and no promotion shall I can say in regard to the adoption of this amendment. It is not that be made to the grade of commodore until t.heir number shall be reduced below six; aml no promotion shall be made to the grade of captain until their number shall be H strikes at the salaries of a few officers of the Navy, but it strikes at reducefl below forty ; and no promotion shall be made to the grade of commander the entire Navy in respect to its force. I hope, whatever the opinion until their number shall be reduced below fifty; :mel no promotilm shall be made of the House may be, that they will not attach this to the appropria- to the grade of lieutenant-commander until their number shall be reduced below tion bill, but leave it .for consideration as a separate measm·e under sixty; and no promotion shall be made to the grarle of lieutenant until their num· ber shall be rema [.Mr. LEWIS] will now ing when we did it. be read . .Mr. RANDALL. I move pro fm·ma to increase the appropriation Mr. LEWIS's amendment was rea-d. for the purpose of saying that therednctionfrom 6,250,000 to$5,750,000 Mr. KELLEY. I raise the point of order that this is an attempt to had no reference to' the amendment of the Nava.l Committee, but was ingraft a new bill on the bill under consideration. It is an ~tte~1pt the result of further information coming from the Navy Department. to ingraft on this bill the biJl (H. R. No. 3474) which was prosouttd I admit if a thousand more men are to be added then there will be to the House, read twice on May 17, 1876, and referred to the Com- necessity for an increased amount-not in connection with the pay of mittee on Naval Affairs, and reported back from that committ.ee. officers, but the pay of the men. Tbe number was reduced to seventy- Mr. SPRINGER. Do<'s the gentleman from Alabama offer the whole five hundred advisedly, on the belief that seventy-five hundred men of that bill as an amendment J were enough to man all the vessels which would be in commisison in Mr. KELLEY. Then I add the :further objection that it is new the Navy during the coming fiscal year. Theref?re, if the ~umber of legislation, not in pursuance of existing law, and not in the line of ruen shall remain at seventy-five hundred there 1s no occasion what- econOlllV. ever to increase the amount from $5,750,000. Mr. LAWRENCE. And not germane to the bill. . Mr. MILLS. What is the necessity of reducing the number of men Mr. KELLEY. I understood the Speaker, in making the first ruling and increasing the number of officers 7 There is now about one offi- on this question, to take the ground that it must appear affirmatively cer 1i0 every four men in the Navy. The Committ.ee on Appropria- that the proposition was germane and tended to economy; that the tion~:~ have reported to this Honse a reduction in the strength of the first point was one that might be decided from the phraseolorry of Navy of a. thousand men, while they still leave the same number of the bill; that the second was one that must appear affirmativcly in officers with '1. provision for the rapid increase of officers, so I sup- the bill or must be a consequence beyond dispute. Now I affirm that -pose in ten or twelve moiJths there will be one officer to every three this is not germane to the bill, and that it is not in the line of economy. men. Recurring to what I said the other evening as to the reasons for the Mr. RANDALL. We keep up the number of officers as the skeleton establishment of a naval station at League Island and to the re- of what may be necessary. The gentleman must not find fault be- marks I qnot.ed from the then Secretary of the Navy, Hon. Gideon cause the House did not agree with him. I do not wish to fight that Welles, I find that League Island was first sought for and then battle over again. We have not seen fit in the Appropriation Com- established as a naval station for the purposes of economy; that mittee to reduce the numb~r of officers, while we thought the num- a time had come in the history of naval warfare when if the Unit.ed ber of men could be rednced without injury. I withdraw my amend- States were to hold place among commercial and naval powers they ment to the amendment. must have iron vessels of the immense proportions in which they are Mr. DANFORD's amendment wM rejected. constructed by other nations to bear such weighty armaments as are The Clerk read as follows : provided by other governments; and that this could not be done with For the civil establishment at the navy-yards at Brooklyn, New York; League certainty, with celerity, or with economy while our dependence was Island, Pennsylvania; Norfolk, Virgim:t; and Ma-ro lt!land, Cahfornia, ~0,000; on the private workshops of the country; that there wa.s no otht3r and for the protection and care of the navy. yards not enumerated, $.'i,OOO. And the customer for such work than the Government; that the preparation Secretary of the Navy is hereby directed to make inquiry as to the best method of making sn.le of the navy-yards at Charlestown, Washington, and Pensacola, and of such material required large accumulations of machinery and ma- s!Jall r eport the same to the next session of this Congress at its commencement; and terial, and that efficieqcy and economy-these were the words of the bo shall also take measures toward the recession of the naval station at New Lon · then Secretary of the Navy-required such an establishment on fresh don, and report thereon at the same time; ant! he ia further directed to establish a naval rendezvous at Tybee Island or at Cockspur Island, in the State of Georgia, wat-er, in easy connection with the coal and iron fields, and with t.he and to make available any Govtll'Dlllent property at said islands suitable for such masses of skilled workmen in metals; and that these conveniences purpose. were found in a higher degree at the confluence of the Delaware a,nd Mr. WHITTHORNE. My friend from Alabama [Mr. LEWIS] has the Schuykill,in Pennsylvania, than at any other point along the At- an amendment to offer from the Committee on Naval Affairs. lantic coast. Therefore the intlucement to acquire League Island was Mr. LEWIS. I move the following amendment. essentially and primarily economy. The Clerk read aa follows : The Secretary asserted and re-affirmed from time to time that we On ]?age 3 strike out all from the beginning of line 43 to the word •• commenco- did not, in his judgment, need an additional yard; that the essential ment ' inclusive in line 51, and insert the following: · want of the Navy was a yard of entirely different characteristics That the navy-yards at B1'0oklyn, Kittery, Charlestown, and Norfolk be retained from any then existing; oue with different relations from any then for general pm·poses; and those at Pensacol~ and Mare Island be retained as naval existing ; one, as I have said, on fresh water and in ea y connection renuezvouse ·, and for temporary rljpairs; and the yard at Washington be used only for manufaeturing purpoaes un':l purpose of controllin~ said traffic, and have made and con· It will be observed that this amendment, as offered by the gentle- tinue to make unjust discrimi11ations in tne carrying of such freight, whereby man from Alabama, [Mr. LEWIS,] while it is in part a bill (No. 3474) many industries have been crippled and are threatened with extreme prostration; and whereas numerous petitions have been presented dnring the present session of now pending before this Honse, nevertheless differs from that bill in Congress praying for the passage of an act to regulate such commerce and to pro- this respect: the latter portion of the bill No. 3474 from and aft.er the hibit such discrimination: Now, therefore, in orcfer that Congress may be fully ad- word "Treasury," in the twelfth line, has been stricken out. It is, vised of the trut.h and extent of such alleged combination and-of the effects thereof, therefore, not the same bill, although containing the "substance" of and of the most complete remelly therefor, Be it resolved, That the Committee on Commerce be instructed to investig-ate the another bill. The Chail· therefore holds that the first point of order allegations aforesaid, and report by bill or otherwise, with power to send for par- is not well taken. sons and papers. The second point of order is that this amendment. is amenable to The SPEAKER p1·o tempore. Is there objection to this resolution f the objection that it is new legislation and does not "retrench Mr. KERR. I object. expenditures." The objection is not raised, as it ha~ been in other The SPEAKER pro temp01·e. The question is then on the motion to cases, that this amendment is not germane to the bill; that is admitted suspend t.he rules. on all sides. Rule 120, as amended by the House at the beginning of Mr. HOPKINS. I did not suppose there would be any objection to this session, is as follows : the resolution. A few days ago I offered it in a somewhat different No appropriation shall be reported in such genenl appropriation bills, or be in form, calling for the appointment of a select committee. At t.he in- order a..~ an amendment thereto, for any expenditure not previously authorized by stance of the gentleman who then objected to it I have modified the law, unless in continuation of appropriations for such public works and ob,iects as are already in progress, nor shall any provision in any such bill or amendment resolution so as to refer this inquiry to one of the regular committees. thereto changing existing law be in order except such as, being germane to the sub- In this form I did not anticipate any objection. ject-matter of the bill, shall retrench expenditures. Mr. }"OSTER. There ought to be no objection. A.s was held by the Speaker of this House, the Chair may not go The question being taken on the motion to suspend the rules and outside to search for other considerat.ions to determine his decision adopt the resolution, there were-ayes 50, noes 15; no quorum voting. upon this question; he must look to the force and specific terms of the Mr. PAGE. I move that th& House adjourn. proposed amendment, the law of the land so far as applicable, and . WITHDRAWAL OF PAPERS. the parliamentary rules and practice of this House. It appears clearly Pending the motion to adjourn, the following requests for with· to the present occupant of the chair that if the navy-yards at League drawal of papers were granted by unanimous consent: Island and New London are abandoned, then in the Ja.nguage of the Mr. O'BRIEN : Papers in the case of Elizabeth L. McCracken, being rule such action would "retrench expenditures." It may be that val- an application for a pension. uable. property will be abandoned by the Government ; but this, even Mr. CALDWELL, of Tennessee : Papers in relation to the claim of if it be the fact, ca.n have no controlling influence in determining the H. B. Folk, of Brownsville, Tennessee, for reference to the Committee decision of the point of order. The rule does not forbid the abandon- on War Claims. ment of property by legislative ena-ctment, if such abandonment Mr. JoHN REILLY: Petition and papers of Annie F. Ball, being an "shall retrench expenditures" in the future. · application for a. pension, no adverfle report having been presented. The Speaker of this House, in rendering his decision upon the first Mr. PAGE. I will withdraw the motion to adjourn if the demand case which arose under the amended rule, made use of this language: for a quorum upon the resolution of the gentleman from Pennsylva- The inquiry then recurs, is this amendment snch a one as by its own force aml nia [Mr. HOPKINS] be not insisted upon, so that the resolution may t-h e other provisions of this bill retrenches expenditures ¥ Does that appe.-'tr' The be adopted. Chair might answer, that to abolish an office is the retrenc.h ment of expenditure; Mr. KERR. I object. and if such abolition were begun and perfected by this bill, the Chair would have Mr: WILSON, of Iowa. I shall object to unanimous consent being DQ hesitation in holding that snob an abolition did accomplish a retrenchment of expenditure; there woUld then be no doubt on the point. given for a single thing during the remainder of this session unless this resolution be allowed to go through. If the abolition of an office would, in the judgment of the Speaker The question being taken on the motion to adjourn, it waa agreed of this House, be a retrenchment of expenditures, by parity of rea80n- to; and accordingly (at six o'clock p.m.) the Bouse adjourned. ing the abolition of two navy-yards, which is begun and perfected by this amendment, would certainly retrench expenditures. In that case the Speaker said considerately and after great deliberation : PETITIONS, ETC, It does not affirmatively appear upon the face of the bill or the laws of the land The following memorials, petitions, and other papers were presented or the ntroal and customary mode of proceeding of this body that this section, if at the Clerk's desk under the rule, and referred as stated: enacted in this bill, will retrench expenditures. By Mr. BALLOU: Memorial of the journeymen printers of Wash- The objection to the section then under consideration was that it ington, District of Columbia, on the subject of wages, hours of labor, did not appear affirmatively to be a retrenchment of expenditures but &c., to the Committee on Appropriations. that retrenchment might depe d upon future legislation, that its effect By Mr. BASS: The petition of Martin Taylor and other merchants was a matter of speculation and argument regarding which men might of Buffalo, New York, that the United States cease manufa-cturing arrive at different conclusions. and selling stamped envelopes, newspaper-wrappers, and postal cards It seems clear that this proposed amendment is free from any such at less than actual cost, to the same committee. doubt or ambiguity. It i8 manifest that if we abandon navy-yards, A.lso, the petition of 100 citizens of Buffalo, New York, for a reduc- which, as we have official knowledge, require large appropriations for tion of postage-rates on seeds, plants, and bulbs, to the Committee on their support and efficiency, thereby dispensing with the services of the Post-Office and Post-Roads. Navy officers and of large numbers of employes, who may deny that Also, the petition of citizens of New York, that Congress convey to in the very words of the rule it " shall retrench expenditures." To be the city of Brooklyn, for a consideration or otherwise, all that strip in order an amendment must be "germane" to the bill, and it "shall of land and land under water lying between Washington avenue aml retrench expenditures." No one questions that it is germane, and the navy-yard in the city of Brooklyn, New York, for the purpose of who will say that in the future expenditures will be required for establishing a public market, t.o the Committee on Naval Affairs. navy-yards which have been abandoned f Therefore the Chair holds Also, the petition of Phrebe Meech, for relief, to the Committee on that this second point of order raised by the gentleman from Penn- Invalid Pensions. sylvania is not well taken. By Mr. BUCKNER: The petition of Richard H. Porter, of Ken- Mr. LEWIS. Mr. Chairman- tucky, for compensation for property seized and appropriated by the Mr. BLOUNT. With the consent of the gentleman, I move that United States Army, by order of General Sidney Johnson, in the year t.he committee rise. 1857, to the Committee of Claims. The mot.ion wa~ agreed to. By Mr. GOODE: The petition of Major 'f. G. Baylor, of Fort Mon- The committee accordingly rose: and the Speaker p1·o tempore hav- roe, Virginia, to be relieved from the payment of a certain sum of ing resumed the chair, ~lr. CLYMER reported that tho Committee of money for which he iB now held liable by the Treasury Department, the Whole on the state of the Union, having had untler consideration to the same committee. the UnioR generally and particularly the naval appropriation bill. By Mr. GOODIN: Memorial of the Wyandotte Indians, for the pay- had come to no resolution thereon. ' ment of moneys due them under the treaty of 1867, to the Committee Mr. BLOUNT. I ,Yield to the gentleman from Pennsylvania, [Mr. on Appropriations. HOPKL.~S.] By Mr. HARTRIDGE: The petition of Rosanna McGuire, for the 1876. CONGRESSIONAL RECORD-.SENATE. 3265 re-examination of her claim, disallo~ed by the southern claims com- admission of rice grown on those islands free of duty; which was re- mission, to the Committee on War Claims. ferred to the Committee on Finance. By Mr. HOOKER: The petition of William Hawes Harris, of simi- Mr. ROBERTSON. I present the petition of George L. Buist, Ben- lar import, to the same committee. jamin C. Webb, and other citiz~s of Charleston, South Carolina, By Mr. HU!:fTON: Papers relating to the petition of JohnR. Hol- stating that they are preparing to erect a suitable monument iu land, for a reference of a claim for property destroyed by the United memory of the battle of Fort Moultrie, which was successfully fought States Army to the Court of Claims, to the same committee. against a British fleet on the 28th day of June, 1776, and praying By Mr. JONES, of Kentucky: The petition of manufacturers and that a certain amount of condemned bronze cannon be given them dealers in tobacco in Kenton County, Kentucky, against any change to surmount on the monument a figure in bronze of a continental in the law regulating the manner of packing tobacco, to the Commit- soldier replacing the flag of the fort, which had been shot down. I tee of Ways and Means. move the reference of the petiti(ln to the Committee on Military By Mr. KASSON: The petition of Keys, Thompson & Reeves and Affairs. Shackleford Brothers, of similar import, to the same committee. The motion was agreed to. By Mr. LUTTRELL: Concurrent resolution of the Legislature of Mr. DORSEY presented the petition of H. H. Mathis, of Saint California, requesting that Congress gmnt to certain railroad com- Francis County, .Arkansas, praying compensation for cotton taken panies scrip or other land in lieu of land now claimed by them, upon and appropriated by United SVa.tes troops during the late war; which which settlers have located under the homestead and pre-emption was referred to the Committee on Claims. laws, to the Committee on Public Lands. Mr. HAMLIN presented a memorial of citizens of Penobscot, Maine, By Mr. NEAL: The petition of W. M. Armstrong and others, of remonstrating against the repeal of the bankrupt law; which was Ripley, Brown County, Ohio, against any change in the law regulat- referred to tbe Committee on the Judiciary. ing the mode of packing tobacco, to the Committee of Ways and Mr. BURNSIDE presented a petition of citizens of Washington, Means. District of Columbia, praying that an appropriation be made for the By l!r. THORNBURGH: The petition of Charles Wagnon, of Knox- pnrpol?e of widening and deepening the W ashing~n channel of the ville, Tennessee, for compensation for certain property used by the Potomac River from the Long Bridge to Arsenal Point; which was United States Army, to the Committee on War Claims. refened to the Committee on Commerce. By Ur. TOWNSEND, of Pennsylvania: Remonstrance of James The PRESIDENT pro temp()re presented a memorial of the execu- Stephens, Masson & Sons, A. Blakely & Sons, Robert Wetherill & tive committee of the soldiers' third national annual re-union at Cald- Co., Whitely, Brother & Co., Cha,rles Robm·ts, and 355 others, manu- well, Ohio, asking the p::LSsage of House resolution No. 115, loaning facturers and workingmen of Delaware County, Pennsylvania, against Government cannon anu military accouterments for the national sol- the reduction of import duties upon foreign good3 which enter into diers' re-union, September 5, 1876; which W::LS referred to the Com- competition with their respective manufactures, to t'Qo Committee of mittee on Military Affairs. Ways and Means. Mr. CONKLING presented a memorial of workingmen of Erie By Mr. WALSH: The petition of Jacob J. Fleishell, for compensa- County, New York, remonstrating against any change in the present tion for injudes to his person, received while at work on the Capitol tariff laws; which was referred to the Committee on Finance. extension in 1858, to the Committee of Claims. REPORTS OF COIDfiTI'EES. :Mr. OGLESBY, from the Committee on Public Lands, to w'Q.om was The following papers were presented at the Clerk's desk under the referred the bill (H. R. No. 3093) for the relief of the legal represen~ rule without having indorsed thereon the name of a11y member of the tatives of Zach:1riah B. Washburn, deceased, repo~d it without House, and referred as stated: amendment. The petition of H. B. Folk, for compensation for the destruction He also, from the same committee, to whom was referred the bill of tvyo houses by United States soldiers, to the Committee on War (H. R. No. 1253) granting to the State of Missouri all lands therein Claims. · · selected a.s swa.mp and overflowed lands, reported it without amend- ment. _ Mr. PADDOCK, from the CoiillD.ittee .on Public Lands, to whom was referred the bill (S. No. 714) to aid in the construction of a mili- IN SENATE. tary bridge across the North Platte River, reported it with amend- TUESDAY, May 23, 1876. ments. Mr. DORSEY. I am instructed by the Committee on the District Prayer by the Chaplain, Rev. BYRO~ Su:NDERLAND, D. D. of Columbia, to whom was referred the bill (H. R. No. 2962) to The Journal of yesterday's pr~ceedings waa read and.apprvved. amend the act entitled" An act to incorporate the Joint Stock Com- EXTENSIO~ OF LEGISLATIVE SESSION. pany of the Young Men's Christia.n Association of Washington,'' to report it without amendment; and I ask for the pre."lent considera- The PRESIDENT pro ternpore. It becomes t.he duty of the Chair tion of the bill. I do not think it will lead to the slightest debate. to announce the hour to which the Senate sitting for the t.ria.l of the Mr. EDMUNDS. I think it ha{]. better go over, for as soon as we impeachment adjourned. Is there objection to a legislative session have a quorum I think we ought to go on with the regular order. until more Senators are present f There will be no difficulty about getting up the bill to-morrow; but Mr. MORRILL, of Vermont. For morning business. we should go to the regular order to-day as soon as possible. The PRESIDENT p1·o tempore. The Chair hears no objection to con- Mr. DOB.SEY. Very well. tinuing the legislative session until the morning business is through; The PRlill:;IDENT pro tempore. The bill will be placed on the Cal- .Mr. D.A.VIS. I understand it is for morning business only! oo~~ . The PRE~IDENT pro tmnpore. The Chair so stated. !tlr. SHERMAN, from the Committee on Finance, to whom were re- VISITORS TO WEST POINT. ferred the bill (H. R. No. 1034) for the relief of James G. Harrison, Mr. CLAYTON. I ask to be excused from serving as one of tb~ and the bill (S. No. 840) for the relief of Norman H. Ryan, asked to members of the Board of Visitors on the part of the Sen:1te to visit be discharged from their further consideration and that they be re- the Military Academy at West Point. ferred to the Committee on Claims; which was agreed to. The PRESIDENT pro tentpore. The Senator resigns. The Chair Mr. BOOTH, from the Committee on Public Lands, to whom was accepts the resignation, the appointment having been made by the referred the bill (H. R. No. 13'J6) to establish a new land district in Chair. the Territory of Wyoming, reported it without amendment. CONSULTI~G TRUSTEE OF DISTRICT. REFORM SCHOOL. ·Mr. WRIGHT. If the morning business is through-- Mr. EDMUNDS. We are going to have the regular order presently, Tbe PRESIDENT pro t.empore appointed under the act of May 3, and cannot 'P.;'l£S any bills. 1876, Mr. HITCHCOCK a consulting trustee on the part of the Senate Mr. BOUTWELL. I am instructed by the Committee on Finance, of the Reform School in the District of Columbia for the term of four to whom was referred the bill (H. R. No. 1800) for the relief of Ken- years. drick & Avis, Kuner, ZisemanB & z·o tt, Kuner & Zott, all of Saint PETITIONS AND MEMORIALS. Louis, Missouri, and Nachtrieb & Co., of Galion, Ohio, to report it Mr. McMILLAN present-ed a petition of citizens of Sherburn County, back with a slight amendment, and I have no doubt the Senate will Minnesota, praying for theestablishmentof a mail-routefrom Elk River concur in the passage of the bilL Station to Santiago in that county; which was referred to the Com- The PRESIDENT pro ternpore. Does the Senator from Massachu- mittee on Post-Offices and Post-Roads. setts ask for the present consideration of the bill' Mr. ROBERTSON presented a memorial of the Chamber of Com- Mr. BOUTWELL. Yes, sir. merce of Charleston, South Carolina, in behalf of merchants and Mr. EDMUNDS. I call for the regular order. citizens of that city, remonstrating against the ratification of the The PRESIDENT pro tempore. The Senat01' from Vermont objects. treaty with the Hawaiian Islands, on account of a provi&ion in the treaty Mr. CONKLING, from the Committee on the Judiciary, to whom for the admission of rice grown on those islands free of duty; which was referred the bill (S. No. 301) to provide for the appointment of was referred to the Committee on Finance. clerks of the courts of the United States in the district of Indiana, He also present('.u the memorial of April S. Morgan and other col- reported adversely thereon; and the bill was postponed indefinitely. ored citizens of Saint John's, Berkeley, Charleston County, Sonth He also, from the same committee, to whom was referred the bill Carolina, remonstrat.ing against the ratitication of the treaty with (S. No. 362) prescribing an oath of office, reported adversely t.hereon; the Hawaiian Islands on account of a provision in the treaty for the and the bill was postponed indefinitely. IV-205 3266 CONGRESSIONAL RECORD-HOUSE. MAY 23, He also, from the same committee, to whom was referred the bill of the Senate will be suspended; and the SP-nate proceeds to the con- (S. No. 240) relating to the jurisdiction of the circuit courts of the sideration of the articles of impeachment exhiiJitee the pleasure of the Se~ate at an ea.rly moment I shall ask that the joint resolntion On motion of Mr. SARGENT, (at five o'clock and forty minutes p. may be considered. . m.,) the Senate adjourned. Mr. WRIGHT. If it is the intention of the Senate to proceed With the reo-nla.r order I shall not insist upon the motion I was about to mtLke ~but if we are to proceed with legislative business, I claim the floor for the purpose of moving to take up a bill, if l can do so. Mr. EDMUNDS. We ought to go on with the regular order. The court adjourned until twelve o'clock. HOUSE OF REPRESENTATIVES. Mr. vVRIGHT. I nnderstand the Senator from Vermont objects. Mr. EDMUNDS. I do not ol>ject. I ask the Senate to pro~eed ac- TtrE~DAY, May 23, 1R76. cording to its order. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Mr. CONKLING. I beg to make a.n appeal for a moz;nent to the I. L. TOWNSEND. Senator from Iowa, which I do not on my own suggestiOn merely, The Journal of yesterday was read and approved. but on that of other Senators. I think no time woulU be consumed in acting upon the joint reso~ution which I have ju~t.reportetained, leave to was on the following amendment, moved by the gentleman from introduc~ a bill (S. No. 862) to amend and construe section 4887 of the Alabama, [Mr. LEWIS.) Revised Statutes, in relation to foreign patents; which was read The Clerk read as follows: 1iwice by its title, referred to the Committee on Patents, and ordered On page 3 strike out all from the beginning of line 43 to the word "commence. to ue printed. ment" inclusive in line 5l, and insert tho folluwing: EARLY RESOLVES AND ORDINANCES. That the navy-yards at Brooklyu, Kittery, Charlestown, and Norfolk be retained for general purposes; anuld be required to execute Houo:~e bill No. 2454 as reported with amendments from the Senate Committee on Pensions and should not forget that Pennsylvania did have a navy-yard, that it now pending before the Senate. bad an excellent navy-yard embracing twenty-two acres in extent, The resolution merely calls for information as to the cost involved with a splendid water front of eight hundred and twenty fe~t, and in certain legislation-the pension bill. that when the city of Philadelphia dosired to get rid of it that va t The PRESIDENT p1·o tcmpo1·e. The Chair will remind the Senator corporation, the Pennsylvania Railroad, laid covetous eyes on those from Ohio that the resolution does not contain the title of the bill. twenty-two acres as well as the beautiful water front of eight hun- Mr. SHERMAN. The title is given by the number. It is a bill dred and twenty feet, and this country bas witnessed within the last amending the laws granting pensions to the soldiers and sailors of few months the disgraceful sight of seeing that property belonging the war of 1812, and their widows, and for other purposes. to this Government sold to that corporation at the price of $1,000,000 The resolution was considered by unanimous consent, and agreed to. when every man who is acquainted with the facts knows it is worth 6,000,000 and perhaps 10,000,000 to-day. Yoa propose to sell navy- IMPEACHME~T OF W. W. BELKNAP. yards this day, w institute proceedings for selling Charlestown, clos- The PRESIDENT pro tempo1·e. Is there further morning business' ing Kittery, and selling Pensacola as well as the navy-yard at ·wash- [A pause.] Pursuant to order the legislative and executjve business ington with all its excellent machinery, pu1·chased at an enormous .. 1876. CONGRESSIONAL RECORD-HOUSE. 3267 price for the Government; and yet the machinery at the Philadelphia . .Mr. REAGAN. I offer the following amendment to the amend- navy-yard lies there in one vast confusion and jumble, perfectly ment of the gentleman from :Maine, [Mr. HALE : J worthless to the Government. I want this House to consider whether In line 45, after the word "California" and before the words "and Kittery, it is proper, representing as we do the people of the United States, Maine," proposed to be inserted by Mr. HALE's amendment, insert the words in their present :financial distress, to begin the enterpri::le of building a "Pensacola, Florida; " and strike out "$80,000 ':.W the sa-me line and insert in lieu new navy-yard in place of the old one at League Island, four miles thereof "$100,000< " so that it will read : Mare Islanu, California, Pensacola, Florida, and Kittery, Maine, 100,000. from the city, away from conveniences for labor, with no means of occupancy except by grading and :filling at e_normous expense, with I yield the floor to the gentleman from Florida, [Mr. FThTLEY.] a depression of surface below high-water mark, subject to overflow Mr. FINLEY rose. at every high tide, end which could not be prevented except by the Mr. RANDALL. I would like to ask the Chair how many amend- most costly system of dikes t Where are you to get a foundation for ments are pending Y the heavy buildings planned, the vast machine-shops and heavy ma- The CHARM:AN. But two ; an amendment and an ame:t:.dment to chinery, except by a system of piling, costly and expensive, over a the amendment. vast area of four hundred and twenty acres? Mr. RANDALL. This is the third then. [Here the hammer felL] The CHAIRMAN. The Chair would state for the information of the Mr. PIPER. I offer the following amendment to the amendment. gent-leman from Pennsylvania that the pending amendment is that 'l'he Clerk read as follows: just offered by the gentleman from Texas [Mr. REAGAN] as an amend- That the navy-yards of Brooklyn, Mare Island, Kittery, Charlestom1, Norfolk, ment to the amendment offered by the gentleman from Maine, [Mr. Pensacola, and League Island be retained for general purpo es, the yard at ·wash- HALE,] which is to insert the words" and Kittery, .Maine." ington be used for manufacturing purposes alone, and New London be retained as Mr. RANDALL. Is that an amendment to the amendment of the a llilval station. gentleman from Alabama, [Mr. LEWIS f] Mr. HALE.. I rise to a question of order. The CHAIRMAN. 'l'he Chair has heretofore decided that the Mr. RANDALL. Mr. Chairman, before the point. of order is made amendment offered by the gentleman from Alabama must be held in I wish to a k that on any point of order which maylle submitted the abeyance, the point of ?rder Leing made until the original section is debate shall be confined to the narrowest limits. Yesterday the de- perfected. bate on a point of order took a somewhat wide range. Mr. RANDALL. I submit that amendments cannot be held iu The CHAIRMAN. The Chair receives the suggestion of the gen- abeyance in that wa.y. I must insist tllat the amendment of the gen- tleman from Pennsylvania with pleasure, and will endeavor to en- tleman from Alabama is either pending or it is not. It is either in force it. the nature of a substitute or an amendment to the paragraph. l\ly Mr. HALE. 1\fy point of order is this : The gentleman from Ala- only desire is to simplify and make clear the proceedings of the com- bama [Mr. LEWIS] moves a proposition as a substitute for the whole mittee. cl:tuse relating to navy-yards. The gentleman from California (Mr. The CHAIRMAN. The Chair would have been happy to bear PIPER] moves to amend that amendment. 'fhere are certain amend- the gentleman from Pennsylvania [Mr. RANDALL] when the point ments designed to ped'ect the text of the ori~inal paragraph which of order was made by the gentleman from Maine [Mr. HALE] that should be :first offered, or an opportunity allowed for them to be the amendment offered by the gentleman from Alabama [Mr. LEwrs] offered, that the clause in the bill may be pelfected. I have one such was not in order until the friends of the original pn.ragraph should ' amendment myself, and I believe the chairman of the Committee on have an opportunity of perfecting it by amendments. Appropriations has one. Therefore I would suggest that the amend- Mr. RANDALL. If it was an amendment 1t was an amendment. ment just read be retained until the amendments designed to perfect If it is held in abeyance it is a substitute. the clause in the bill.are disposed of. The CHA.IRlUN. The Chair would suggest that it was a motion The CHAIRMAN. The Chair would hold that the point of order to strike out a para(!Taph and insert. is well taken ; for the rea8on that if it is proposed to amend the bill Mr. RANDALL. \veil, I must insist upon it that there caD be but by striking out the paragraph the friends of the paragraph are enti- two amendments pending at the same time. tled to make it in the first place as perfect as they can by amend- 1\lr. REAGAN. Before the Chair decides the question, I desire to ments submitted before the question is put on striking it out. The say a word. The gentleman from Alabama [Mr. LEWIS] offered his Chair therefore rules that the amendment of the gentleman from amendment, a.nfl it was g_o t in before the amendment proposed by the Cn.lifornia to the amendment of the gentleman from Alabama will be Naval Committee. in order after the original paragraph is perfected by such amend- Mr. RANDALL. 0, no; it is the amendment of the Naval Com- ments as may be offered. mittee. .Mr. HALE. I offer the following amendment: Mr. REAGAN. This amendment was a substitute, and the gentle- In line 45 of the bill, after the word " California," insert tho words "and Kittery, man from California offered an amendment to that substitute. The Maine;" so that it will read: gentleman from Maine [Mr~HALE] then offered to perfect the original For the civil e tablishment at the navy-yards at Brookl_vn, New York ; League text of the bill, and the Chair decided that it was in order that he Isl~nd, Pennsylvania; Norfolk, Virginia; Mare Island, California; and Kittery, Marne, $80,000. should do so. I then offered an :tmendment to his amendment also perfecting the original section, both of them being in order. That is I offer this amendment for this reason : The Committee on Appro- the way the question now stands. priations has sought in the proposition before the Honse in this bill 1\Ir. RANDALL. The gent.Ieman had no right to offer an amend- to curtail the expenses of the Government upon the theory that fewer ment in the third degree. navy-yards than we now possess need to be maintained. I agree to Mr. REAGAN. I did not do so; my amendment is in the second that general proposition. I have believed foT years, from some fa- degree, being an amendment to the amendment of the gentleman miliarity with naval affairs, that we need fewer navy-yards than at from Maine to perfect the original text. present exist. But there are certain needs of the Navy that must be Mr. RANDALL. The gentleman from Alabama offered an amend- borne in mind whatever number we agree upon; and there is no one ment to perfect the original text. yard that for certain purposes answers what the Kittery navy-yard 1\Ir. REAGAN. No; it was a substitute for a portion of the original furnishes the Government. text of the paragraph. My colleague [Mr. BURLEIGH] has said already, and truthfully, that Mr. R.Al\~ALL. Yon cannot offer a substitute for a part of the the Kittery yard is the yard especially where ships coming home from paragraph. long cruises, from hot and pestilential climates, can be taken with Mr. HALE. If the gentleman from Pennsylvania will listen to my advantage. A gentleman on my right suggests that it is a good yard 1mggestion I t-h ink I can make it clear. The gentleman from Ala- where disease and pestilence can be frozen out; and perhaps that bama moved a substitute for the whole paragraph. expresses the idea better than anything I can say. It is far north; Mr. RANDALL. If he had done that I wouldhave had nothing to and for that very reason these services can be with '1dvantage per- say. formed at that yard.· There is no other yard, Mr. Chairman, that :Mr. HALE. I understood him to move to strike out the whole answers the e purposes. The Charlestown yard does not. Tho Brook- clause. lyn yard does not. The Philadelphia yard does not. 111r. LEWIS. No, sir; I did not, I had proposed in addition to this amendment to move to increase :Mr. RANDALL. I think it would be better that we should go back the sum reported by the committee of $80,000 to something more, but and consider the amendment of the gentleman from Alabama, as o~ reflection I believe that if the authority is left as it is in the bill, pending, and then allow an amendment to be offered to that. w1th the Secretary oftheNavy, he may maintain the moderate establish- The CHAIR!t~. The Chair will a-sk a question of the gentleman ment at the Kittery yard and the other yards for $80,000, so that my from Alabama for information. As the Cllair understands, the amend- amendment, w bile perfecting the section, adds nothing to the amount ment proposed yesterday by the gentleman 'from Alabama was ~n in the bill. amendment to strike out the pending paragraph and insert a substi- The committee did not resolve to recommend the saJe of the Kit- tute' tery yard, because it recognized the fact that it was needed for the Mr. LEWIS. No, sir. purposes I have indicated. I only go further in permitting the Sec- The CHAIRMAN. If the Chair was in error in regard to that m:lt- l'~tary of the Navy to keep up during the coming year such an estab- ter, his decision made on the point of order was wrong. hshment in that yard as the needs of the service require. I do not 1\ir. HALE. My point of order was hypothecated on the assump- ~s_k an additional dollar of money, and hope that the committee real- tion that the amendment of the gentleman from Alabama was a sn b- 1z1ng the force of these reasons will insert what I have moved as an Riitute for the entire paragraph. ameudment. The CHAIRMAN. And that was the supposition of tho Cha.ir. 3268 CONGRESSIONAL REC.ORD-HOUSE. MAY 23, Mr. REAGAN. I desire to say-and the RECORD will bear me out present his amendment here, and I propr~se to sustain him. But my in it-that what was offered ·by the ~entleman from Alabama was a colleague [Mr. PIPER] has seen fit to oner an amentlment which be substitute from the word" dollar~;" m line 47. knew I had prepared in connection with this m:.ttter. Mr. LEWIS. No; the gentleman is mistaken. .Mr. PIPER. I knew nothing of the kind. The CHAIRMAN. The Chair will bolcl that if the amendment of 1\Ir. LUTTRELL. There are a great many things that my colleague the gentleman from Alabama was not intended to be in the nature of does not know; but he will learn after a while that it is a wi e man a, substitute for the entire pending paragraph, it is now in order who attends to his own business. I came here and, as the chairman that that amendment and the amendment to it proposed by t4e gen- of the Committee on Appropriations well knows, labored earnestly tleman from California [Mr. PIPER] shall be received at this time. from the beginning of the Forty-third Congress .to the.,present time Mr. LEWIS. My amendment was to strike out all after line 43, to make Mare Island in my district a :first-class navy-yard. In ac- down to the word" commencement" in line 51, and to insert what I cordance with my wishes and the wishes of my constituents the Com- offered in lieu thereof, then the gentleman's amendment is in order mittee on Appropriations have agreed to make it a :first-class naqy- and the amendment of the gentleman from California to that amend- yard. ment willnow"be received. I am opposed to the amendment offered by the Committee on Naval 1\fr. HALE. I believe the gentleman from California yieldecl to me, Affairs, because it strikes at the on1y navy-yard we have on the Pa- so that mine is a separate amendment. cific coast. We have a navy-yard there which when completed will The CHAIRMAN. That is an amendment in .the third degree. be the rno~t extensive in the civilized world. Mr. HALE. If the ~ent_leman from California will :yield to me to Mr. LEWIS. We propose to retain the Mare Island navy-yard. ofler my amendment 1t will then be an amendment m the second Mr. LUTTRELL. Your amendment simply proposes to retain it as degree. · a naval rendezvous. The CHAIRMAN. If the gentleman from California withdraws Mr. LEWIS. And for repairs. his amendment to the amendment then the gentleman from Maine Mr. LUTTRELL. Yes, and for repairs. will be entitled to the :floor to offer his amendment. Mr. LEWIS. That is all that is necessary. 1\lr. REAGAN. The gentleman from Califqrnia yielded t~ the gen- Mr. LUTTRELL. We have machinery in that yard which covers tleman from Maine merely to offer an amendment perfecting the acres of land and is of the finest in the United States; we have in i~ original text. . the most extensive workshops in the United States. We are prepared 1\fr. HALE. Does ~he gentleman from California yield to meT to con~ttrnct vessels there as cheaply as they can be contitructed in Mr. PIPER. No, SIT; I cannot. any yard of the Government. We have a harbor there some one hun- Mr. HALE. Then if the gentleman declines to yield, I will offer dred and twenty miles in length aucl from eight to twenty-five miles mine after his is disposed of. · in width, and on an average from five and one-half to forty-six fath- The amendment offered by Mr. PIPER waa then rend, as follows: oms of wa.ter. It is the healthiest locality in the United States. We That the navy-yards at Brooklyn, Mare Island, Kittery, Charlestown, Norfolk, have every advantage for constructing and repairing ves els that any Pensacola, and 'League lslancl be retained for general purpo. e. , and the yard at part of the Unitecl States has. We purchase the best English coal Washington lJe usecl for manufacturing purposes alone, and New Lo11don be re- for $8 per ton; a.U the coal we have upon that coast we purchase for taiueu as a naval station. from six to eight dollars per tou. Can it be purchased cb.eaper any- Mr. PlPER. As a general proposit-ion, I am opposed to breaking where else f We have au abundance of timber of superior quality, up auy ono of the ma.oy yards of the United St.ates. I believe that which can be purchased as cheaply as at any other place in the United the people of our ~ountry are desirous that we should maintain are- States, and our iron on that coast is of the best qual1ty. spectable naval est-ablishment. Without a naval establishment how . We have over three thousand miles of coast. which requires a navy- are we to be a commercial and maritime people in a commercial sen seT yard for the protection of our commerce. I 4ope the report of the I believe that it is the most suicidal policythat.this House can enter- Committee on Appropriations will be sustained, aud that the amend- tain to attempt to destroy our efficiency and capacity for building ment offered by the gentleman from Alabama [Mr. LEWIS] will not national ships of war. be adopted. I cannot see what object they can have iu striking at I regret particularly to see au attempt here to destroy and disman- the only navy-yard we have upon the Pacific coast, unless it be that tle the navy-yard at Mare Island, California. Shortly after the ac- they charge fraud there. I admit that frauds have been perpetrated quisition of that territory the democratic party having acquired it, there, not by the people, not by the navy officers, but by a political they immediately went to work like wise men and statesmen to ring which has rnn that yard in the interest of political rings. If bnild up a great naval establishment in the waters of the bay of San tb.e navy-yard at Mare Island is to be stricken down because of cor- F'l:ancisco. This was a democratic measure, an(l I regret to tiee now a ruptions in political maneuverings, what department of the Govern- democratic House of Representatives enterta.iuing for a moment the ment is there to-day which upon the same principle should not be idea of dismantling that great establishment the navy-yard at .Mare stricken down f I hope the amendment of the gentleman from Ala- Island. I presume that no one will deny that it is one of the best bama [Mr. LEWIS] will not prevail. snited for that purpose of any in the United States. It is located Mr. FINLEY. 111.1:. Chairman, the Pensacola navy-yard is not within about thirty-five miles from the entrance of the Golden Gates, on an the clistrict which I have the honor to represent, yet it is within a State island of high ground in the most salubrious climate of the American of which that ilistrict forms a part. Republic. It is surrounded by deep water, so that any ship can come This fact, however, does not control my opinion in regard to the up alongside of tho bulwarks; and I believe it is now capable of build- amendment offered by the gentleman from California, [Mr. PIPER,] ing as good ships and as cheap ones as any other navy-yard in the which amendment I in the main approve. In the brief consideration United States. which I have been able to give the matter I have endeavored, and I \Ve possess on the Pacific Ocean a sea-coa~t line of three thousand trm:~t successfully, to relieve my mind of all sectional bias and to place miles; it is seven or eight thousand miles from that coast to Brook- the whole subject on the higher ground of a sound national policy. lyn or Norfolk; and would you have ships come around here to be re- The Committee on Naval Affairs, in their report and in the bill built at the cost of one-third of what they originally cost T The fa- which accompanies it, propose to ret.ain the yard at Pensacola for the cilities for building wooden ships on the Pacific coast are quite equal purpose of repairs. . at least to those of the Atlantic coast. We have the finest kind of This limitation of its uses for the present is doubtless wise and. ju- timber there-white oak, live-oak, laurel, and every other kind of dicious, aud does in no just sense antagonize the commendable policy timber well suited for the construction of ships. We have had one of retrenchment in the public expenditures which baa been inaugu- ship of war only built at the navy-yard in California, and that a very mted by the House. small one, the Saginaw. She was built of green timber, and yet But the bill proposed by the Committee on Appropriations not only she lru~ted longer than any vessel built at the navy-yards at Pensacola, omits to provide for the maintenance of the Pensacola yard as a yard Norfolk, or Brooklyn. forrepairs, .but looks to its future discontinuance and abandonment. ln addition to this, we have at Mare Island a dry-dock about half In this refusal -or omission to make any appropriation for its main- cmnploted, which is one of the best in the United States, and I be- tenance as a yard for repairs is involved not only an apparent ques- lieve as good as any in the world. We have a floating-dock there tion of economy but also a question of national policy of the gravest capable of taking up almost any ship, antl a ship-railwa.y upou which character. auy ship can be drawn for repairs. \Ve have a machine-shop tho.J,'e Now, Mr. Chairman, I (1o respectfully but earnestly contend that capable of building a first-claas iron-clad, machinery and all. any legislation w bich looks to the discontinuance of either Pensacola Iu the face of all this, it is absolutely astounding to hear gentle- or League Isla.nd as yards of repair and to their ultima.te abandon- men on this floor advocate the idea of dismantling and breaking up ment o.s proposed by the bill now before the House would be unwise this navy-yard, the only navy-yard we have on the Pacific coast; as a. measure of public policy, and moreover cannot be sustained a.nd that, too, when Great Britain is building a powerful navy-yard upon any intelligent viow of economy. upon our northern borders, and planting armaments there with which In considering the question as one of public policy, I will here ven- to destroy us in case of war. If the democratic party of this Honse ture te observe that thoughtful and reflecting statesmen will scarcely dismantles our navy-yards and destroys the Navy of the United allow their opinion to be controlled by a trifling saving which the ~tates, it will be the 1Egos Potamos of that party. present circumstances of the country would seem to warrant, but ~-l!UTTRELL. I have been sent here by the people of my dis- will attentively consider not only the probabilities but also the possi- ~rict tQ r~pr~se~t it, and the only navy-yard on the Pacific coast, bilities which lie in the future and which may make it of the great- ~~+c4 i~ locat!3d j..q my district. I do not propose to interfere with est national importance that both these yards should be continued the amep.dments of any other members upon this floor. I believe the and maintained. l1el>reseutatiye fro~ tP..e New I,oq.don district is fully competent to It should be borne in mind that the civilized world is every year 1876. CONGRESSIONAL RECORD-HOUSE. 3269 exhibiting a rnor8 enlightened and Christian disposition to cultivate the House compels me to state in the fowest words possible the the benign arts of peace rather than to encoura.ge the barbarous and grounds on which I rest my opposition to the amendment of the gen- horrible practices of war. tleman from Alabama, which points to a recession of the naval depot As this sentiment strengthens its bold on the minds and hearts of at New London t-o the State of Connecticut. mankind they will naturally, and I will add necessarily, turn their Prior to 1862 great changes had taken place in tbe manner of con~ thoughts and energies to the varied employments of peaceful life. structing and arming vessels of war, involving a, radical change in In this condition of things it may be expected that international naval architecture, and demanding the enlargement of old naval commerce will enter upon a career of rapid and vast expansion. yards and the establishruen t of new ones. To meet this emergency The signs of t.be times and the present condemnation of needless wars and to select a suitable sight for a new navy-yard and naval depot, by the almost universal sentiment of mankind indicate that in the fu- adequate to the new and peculiar requirements of the day, Congress ture the principal contests between the civilized nations of the earth empowered the Secretary of the Navy to appoint a board, composed will not be those of arms, but rather a struggle for commercial su- of the most intelligent and experienced naval officers and engi- premacy, whose chief theater will be on the high seas. And if the neers, to examine NaiTaganset Bay, the harbor of New London, and United St.a tes would not fall behind in the race of progress and pros- League Island, and to report by the selection of which the public in- perity they must enter into the competition in the spirit of an active terest would be best snbserved. A thorough and careful examina- and .~enerous emulation, guided and directed by an enlightened com- tion was made by Commodores Stringham, Garduer, and Van Brundt, mermal policy. and Chief Eugineer Sanger ; they reported in due ti.Ju.e the result of But we should remember, :md remember now while we have under such examination to the Secretary of the Navy, and~o that report consideration the provisions of this bill, that, as individual disputes was appended tho following resolution : are constantly growing out of the unavoidable competitions of pri- Resol·ved, That the harbor of New London possesses greater advantages for a vate and domestic trade, so controversies may be expected to arise navy-yard an:l naval depot than any other location exammed by this board. ont of the struggles of rival nations for commercial snpremacy_. But Congress did not permit the matter to rest here. In 1864 it In view of the unavoidable contingencies and the vicissitudes which directed the Naval Committee of the House to visit the proposed site must attend the expanded and ever-expanding commerce of a coun- at New.London, to make a thorough exarninll.tion of the harbor and try like our own-a commerce which plows every sea and visits its surroundings, and to report the result of such careful investiga- every land-we may not hope or expect always to escape armed col- tion. The committee made a most thorough personal examination lisions with our commercial rivals. and an elaborate report, which report concluded in the following lan- To hold ourselves in readiness to meet snch exigencies when they guage: arise, and t,o make timely and adequate preparation for war when it The site near New London, presenting such great natuml and economical advan· must and does come, is but to exercise a provident foresight which tages, has been tendered a.'l a free gift to the Government. The committee recom· wise and thoughtful statesmen will not overlook. mend its acceptance; and for the purpose of locating thereat a navy,yard and de · Agreeing as I do with the Committee on Naval Affairs in the gen- pot, such aa is contemplated by t.he naval authorities, they recommend the passage of the a{lcompanying bill for a public act. eral proposition that in a time of assured peace it is unnecessary to maintain our naval establishment on a war footing, yet I coutend Congress becoming convinced from the report of the board of officers that a sufficient number of ships and guns sboulu be kept afloat to appointed by tho Secretary of the Navy and that of the Naval Com• give ample protection to our commerce upon every sea, and aiM that mittee of the House of the very prominent and controlling advan· our navy-yards should be kept and maintained in such a condition tages presented by the site for a navy-yard on the banks of the and with such supplies of material for construction on hand as will Thames, sprillging out of the accessibility of the harbor of New enable the Government whenever there should be war, either actual London at all seasons of the year; its prot.e ction from invasion by tho or threatened, to convert them instantly into yards of active and effi- fortifications at its mouth; its admirable capacity to shelter shipping cieu t construction. in the most unfavorable conditions of weather from the winds and If this be sound policy-and! imagine the propositionasihavestated the waves; the great depth and width of the channel leading from it wi11 not be deniecl-I will now proceed to present for tho consider- the mouth of tho harbor to the proposed site of the naval depot; ation of the committee certain facts in support of the amendment its comparative freedom from icc, even in the most rigorous win- which provides for the retention of the Pensacola navy-yard; and, as ters; the favora.ble character of the soil; its proximity to the ex- these facts ca,nnot be denied, it is unnecessary to do more than simply tensive mechanica] establishments that exist throughout New En- to state them. gland ; aud the facility with which all the material required for the }"'irst. That it is the only navy-yard on the Gulf of Mexico. construction or repairing of war vessels could be obtained, took fur- Second. That it is located on a hay with the best entrance _a nd har- ther and important action at its session in 1867, and passed the fol- bor on the Gulf of Mexico. lowing resolution: Third. That it has perfect security in the military fortifications Resolved, 'Iha.t the Secretary of the Navy be, and ho hereby is, directed to receive and accept a deed of gift, when offered by the State of Connecticut, of a tract of which command the en trance to the harbor. land, with not less than one mile of shore front, lying on the Thames River, near Fourth. That it is within a gulf that is almost land-locked, which New London, Connecticut, to be held by the Unit.eer a }i'ifth. That in view of such possibilities, (which, in my judgment, deecl of gift of the tract of land on the banks of the Thames and re- it werl.'\ wise to anticipate,) it is not too much to say that the time linquished its jurisdiction over the same, aa required by the votes of may come, and will come, how soon no one can toll, when a navy-yard Congress and the laws of the United States. for construction on the Gulf will become a national necessity. And Congress from the time that this territory was presented by Sixth. That it is contiguous to an almost inexhaustible supply of the State of Connecticut and accepted by the United States for the the :finest live-oak and yellow-pine timber for the construction of purposes for which it was originally donated have made appropria- ve sels of war and for spars and masts in the United States. tions for the improvement of the same amounting in the aggregate Seventh. That it has easy, convenient, and secure railroad commu- to nearly $150,000, which appropriations have been expended in grad- nication with the rich coal-fields and magnificent iron-mines of Ala- ing the ground, the construction of a wharf eight hunclred feet in bama and Tennessee. length, and the erection of store-houses and mechanics' shops and Eighth. That if it be the true poliqy of the Government to retain other buildings proper for t.he purposes of a naval depot. it, as recommended Ly the Committee on Naval Affairs, then it will While this proposition to locate a navy-yard on the bank of the be true economy to maiutain it for the present as a yard for repairs, Thames was pending before Congress, the Chamber of Commerce of so that it may in the future, when the exigencies of national defense the city of New York, alive to the very great aclvantages which that may require it, be readily converted into a yard for the construction city would derive from the location of this naval depot at New Lon- of ships of war, of wood or iron aa may be necessary. don in adding to its defenses ancl protect.i ng its commerce, presente(l Ninth. If it be right to retain and maintain the Pensacola navy- t.he following preamble and resolutions to Congress, urging that body yard for the reasons I have stated, then, upon the score of economy, to ta.ke immediate ~tops to obtain the site and make such appropria- it would be unwise to abandon it after having already expendeu tions as would lead to the immediate establishment of a navy-yarcl: millions antl millions in its establishment and construction; and in Whereas the Sec1·otary of the Navy calle(l the attention of Congress to the neces· my judgment adequate appropriations should be made at the present sHy of an additional ua.vy-yard and .depot, adapted to the enlarged wants of the time for maintaining it as a yard for repairs at least if not for the country; and whereas ihe location of said yard and depot is of vaat importance to collection of ship-timbers and for other needful preparations for con- our city as a defense against foreign aggression; :Uld wbereaa a board of six nava.l ·structing war vessels, when in tho unforeseen contingencies of the ofiicers and enf{ineers were appointed unner an order of Congress to survey and examine [nammg other sitcsJ the harbor of New London, Connecticut., with refer- fnture they may be needed for national defense or for the protection ence to their ~pacit.v ancl fitness for that OQject, and to report by the selectilln of of a commerce which, if we act wisely, is bound to take the lead which place the public interest would be best promoted; and wlierea-s a majority among all the nations of the earth.. In regard to the nll.vy-yarcls at of the said board, after devoting more than two months to a careful, laborious, anu League Island. and Mare Island I will remark that, for the reasons so thorough survey and examination of said sites, and after a full discussion of their ad vantages, immediate ant.l incidental, came to the conclusion "that the harbor of strongly presented by various gentlemen on this floor, I am satisfied New London possessed the necessary capacity and fitness for such a :yard, aull that that they should be retained as yards for repairs for the present and tho public interests woul(l be promoted by its establishment there;" and wber·eaa, for the construction of vessels of war in the future, when required, tluring tbe present session of Congress, the NM·al Committee, together with a dele· and shall therefore vote for it. gaLion from the Military Committee and the Committee of ·ways and Means, have ·dsited·and personally examinet.l tha said sites, and a majority have recently re- Mr. WAlT. The brief time that is allowed me under the rules of ported in favor of the harbor of N ew I.ondou: 'l.'heJ.·efore, . 3270 CONGRESSIONAL RECORD-HOUSE. MAY 23, Resolved, That in view of the importance of this question to the whole countr:v, As I have already said, Congress, by its action, virtually invited and especially to the in terests of oommerce and navigation, whlcb are especially :J?rOteoted by the ~3xy, anu in whlch this city is 0 deeply interested, tbis chamber the State of Connecticut to legislate in snoh manner ~ wou·ld au- fully cor.cnrs in "the eXi)ression of opinion of the said board of naval officers and thorize the condemnation and purchase of the site occupied by this engmeers, and of said t-.aval Committee, and do earnestly ur" e upon Congress to yard. The territory was obtained by the State, and then conveyed speedily pa s a law establisbing the navy-yard and depot at it ew London, and to to ami accepted by the United States solely for naval purposes. It appropriate the means for carrying the same into eftect. .Resolved, That the pl·eamb1e anll resolutions be duly authenticated and trans- was so written in the bond. Is not the State of Connecticut then, hav- mitted to both Houses of Congress by the hands of a oommittee, consisting of ing in all that it did acted in good faith, fully justified when it pro- Messrs. Marshall and :McCurdy. · tests against the dismantling of this yard ancl its reconveyance to A.. A.. LOWE, the State or the original proprietors; and is not the General Govern- President Ohamber of Oommerce State nf New York. ment bound by every principle of honor and justice to keep inviolate JOHN AUSTIN STEVENS, tho contract which it in fact made with the State to establish aud Ser:retary of the Ohamber of Commerce. maintain a naval station on the banks of the Thames f . As additional evidence of the deep interest which the city of New Mr. LEWIS. Those gentlemen who rise here for the purpose of York took in the prosecu6on of this national work, and its vital im a(l ''ocating their different navy-yards do not give us the benefits of portance, not only to that city but to the commerce of the country facts. In regard to the navy-yard a,t New London, it is incomplete; a very large number of its leailing merchants and prominent public the channel of the Thames River, upon which it is situated, is ex- men, in 1869, addressed a memorial to Congress, from which I read ceedingly narrow, and first-cla s steamers of the Ameri can Navy can- the following extract : not turn around in that river except with the most careful handling. The undersigned believe, in addition to the intrinsic advantages of this location An ordinary vessel cannot swing at anchor there without striking on for a navy-ya.ru, that its use for that pnrpose would largely contribute to the pro- either side. The Government authorities reCJ. nire the pilots of team- tection of the oommerce of Long Island Sound and of the great city of New York ers coming down the river to slow their engines and stop their paddle- in the event of a naval war. It may be assumed that this oountry bas, in a future wheels iu order to prevent the agitation of the water and t he injury war with a foreign powor, nothing to fear except for its commerce and the cities adjacent to the ooa t. But in the event of a naval war the first point of attack of the shores. The hills rise from the water so as to make a rug!Ted would undoubtedly be the city of New York, as it so l.ugely concentrates the cap- surface composed of clay and granite, with rocks aud bowlders, wl~ch ital and the commerce of the nation. That city at present IS nearly defenseless to cannot be reduced to a proper level except at the most enormous a foreign foe in its approaches from the ocean throu~h Lon~ Island Sound. The cost; nor can the necessary excavations be made except at an im- Sound once entered forms a w.eat natnral roadsteaa or haroor for a foreign fleet. It was oo occupied by the Bntish navy in the war of 1812, tbreatenin.,. the whole mense expense. Tb.ere are no fortificat ions there that can properly ooa t line and the city of New York itself. The site at New Loudon is the strategic defend the place from an incursion of the enemy. The harbor there point which covers the entrance of the Sound, and, in the opinion of competent haa a beautiful entrance from the ocean; but the only defen 'es, Fort engineers and naval authorities, occupied a-s a naval station would furnish ade- Trumbull and Fort Griswold, would not be adequate to meet the quate protection to the city of New York and the oommerce of the Sound, thus guarding the oommunic3tion between the great industries of New England and attacks of modern warfare. Nor is there any large city there wbo e their natural market. fortifications would protect a navy-yard, as in the case of Brooklyn, We hope that you will see proper to recommend that an appropriation for this Charlestown, League Island, and other navy-yards. Yet gentlemen object be made at the next session of Congress. would havens rear a fort there, plant batteries, level granite hills, Within a few days past the Chamber of Commerce has again passed excavate rocks, all for the purpose of establishing a navy-yard upon 1·esolutions favoring the continuance of the existing yard, and reiter- a channel too narrow for such purposes and at a location without any ating all which that body enunciated in its favor in 1864. facilities for supplying coal and iron except at a large cost for trans- The establishment of a navy-yard or naval station upon the river portation. These are the facts. This committee has no prejudice Thames has had the unhesitating approval of the highest naval against New London. Every consideration would induce us to favor officials, who have spoken from personal observation, no one using the good old State of Connecticut. Nor have we any prejudice more emphatic language in favor of this site than Commodore D. M. against League Island. Fairfax, one of the most distinguished officers of the Navy, and who The gentleman from California attacks the committee bec:mso we is now in command of the yard. do not think it wi e to retain Ma1·e Island as a navy-yard for tbe pur- The Secretary of the Navy, in his report to Congress, in 1872,· in re- poses of construction. ferring to this station, used this language: ·what facilities bas Mare Island for constructing ships, for building I have heretofore spoken of the claims of the New London station on the liber- machi"9-ery, for making bulls and spars f At .Mare Island where do ality of Congress. Some of these are to be found in a good harbor, easy of access you get your live-oak f From Florida anu Alabama and Louisiana. from all directions, and conveniently situated between two groat oommercial cities, Where do you get your yellow pine f What is pig-iron worth there an industrious '1Ild ingenious people whose labor is skillful and chea.p, and a site for to-day! the station already acquired through the lil.Jcrality of the State, to the improvement Mr. LUTTRELL. We can get our iron from California, Oregon, of which the Government seems to be virtually pledged. It is already a station of convenience to the service, 1nd with moderate eA1Jenditure its use could be largely and \Vashington Territory. increased. Mr. LEWI S. That may be; but iron which to-day is sellin~ in the Tkat the people of Connecticut feel a deep interest in the continu- East at $16 and $18 a ton brin!Ts -!6 a ton in San Francisco. Look at ance of this important national institution, and that Congress should the immense cost of lumber. And is not your machinery built in New render such pecuniary aid as would insure its perm::tnenoy and suo- York and transported to California by railroad f cess, is evidenced by the following preamble a.nd resolutions, which, Mr. LUTTRELL. That is done in the interest of a political rin~. during the past week, have passed both branches of the Legislature of and not at the instance of naval officers. the State by unanimous votes: :Mr. LEWIS. The location is so far away that I suppose the Gov- ernment cannot hold its commandants and constructors and supply- l Whereas the navy-yarcl established on the Thames River, near New London, in agents to a rigid accountability. this State, has been shown by the various reports made in its favor, under the au- .Mr. LUTTRELL. Give the whole matter in charge of the naval thority of Congress, and by the testimony of eminent naval officers and nautical :tnen, to possesse,ery requisite for a first-cia: s na\al establishment-safe anchorage, officers, and purchases will be made as cheaply as at New York. deep water, extensive shore front, and solid ground for tbe foundation of whatever :Mr. LEWIS. Mr. Chairman, we .all admit the necessity of a sta~ structure may be put upon it without piling, and within a harbor always fTee from tion there as a naval rendezvous and for repairs; but no argument joe, easy of access, and from which ve sels may be qnick to sea--oonfes edly t.he can be urged in favor of that location for a navy-yard for purposes b e t on tho Atlant ic coast; and whereas a wharf has been built at this station where oome of the largest vessels of the Navy are now lying, and ot;hor valuable of construction. Why, sir, look at the ad vantages Kit-tery bas over improvements have been made at small cos t; and whereas the said navy-yard has it; look at the superior a.chTantages of Charlestown :tnd Brooklyn. been so fortunately located by the Government, within ha,lf an hom·'s steaming of [Here the hammer fell.] the eastern entrance to Long Island Soreat citie of New York and ll!'ooklyn, from nav.ll at- from the gentleman from Alabama, [Mr. LEWIS.] I fancy that that t:l.ck on the east-a protection made still more necessary by the deepening of the channel of Hell Gate, while in no other way can these great interests be o econom- gentleman has never visited the good old State of Connecticut which ically and effectually defended, thus raising the subject to one of mst national be has eulogized so highly, for which I tender him my thanks. . importance: Therefore, Mr. LEWIS. O, yes, I have visited Connecticut four or tive times. llc8olved, That our Senators and Representatives in Congress be, and they are :Mr. WAIT. Then the gentlemen dic1 not give a proper examina- h ereby, requested to use every ctlort to bring to the n.t tention of Congress the real merits of the navy-yard and naval depot on ·t he Thames River and to nrge the neces- tion to the proposed site on the river Thames and its advantages for a sary appropriation for the continuv.nce of the work thereat. navy-yard- advantages partly the gift of nature and partly the re- l lesolved, That the secretary of state be, and he is hereby, instructed to forward sults of intelligent engineering. He must have surveyed it from some a oopy of the nbove preamble aml r esolutions to each of the Senators and Repre- mountain summit, as the Jewish leader g~ed at the promised Janel. He sentatives in Congress from this Stat.e and to the presiding officers of the Senate and of the House of Representativas at Washington. refened to the site as broken by rugged hills filled with bowlUer and ledges. Why, sir, at the spot where the yard is located, thero is one Should the United States now abandon the site ou the Thames as mile of river front, and a very large part of that front is gradetl down a naval station, I believe that it would revert, with all the improve- and faced with a valuable wharf over eight hundred feet in length. ments which have been made upon the same by the General Govern- Let me say further to the gentleman that there is a channel in front ment, to the original owners of the soil. Is it policy then, I ask, on of that wharf six hundred feet in width, in which the Dict2.tor tnrned the part of Congress to throw away property of which it can retain without difficulty; and one of the largest ships now in tho service l)O session without incurring auy more than a mere nominal annual floats with ease in that channel which the gentleman sees fit to con- expenditure; property which, in some future .contingency, - [Mr. RANDALL] is to prevail-that is, for the ap- of Georgia or South Carolina." pointment o! a naval commission to examine into the propriety or Mr. RANDALL. I have no objection to that. policy of establishing a 1'l.aval rE:~ndezvous in the southern wat-ers- Mr. DANFORD. This refers to the establishment of a naval star t.hen I admit that the amendment proposed by the gentleman from tion -and rendezvous upon the coast of Georgia or South Carolina. I Ohio [l\lr. DA.....~ORD] won ld be correct. But, in my judgment, the yield t.he remainder of my time to the gentleman from South Caro- proposition of the gentleman from Pennsylvania should not be lina, [Mr. SMALLS.] adopted by this House, and for. this reason: If there be a.ny policy or Mr. SMALLS. I am much obUged to the gentleman. I shall ask expediency in locating a naval rendezvous on Tybee Island or Cock- only that some letters may be read by the Clerk to show that neither spur Island, in the Savannah River, that expediency and policy ex- Tybee Island nor Cockspur Island is a suitable plaee for a naval ren- tend to its being done at once. dezvous. It is recommended by a head of a Bureau in the NavyD~partment, The Clerk read aa follows: not by citizens of the locality which may be benefited by it, not by PORT ROYAL RAILROAD COli-IPANY, RECEIVER'S OFFICE, any sanitary department which simply gives its opinion that there is .Augusta, Georgia, May 11, 187G. less sickness at Port Royal t.han at Savannah, when the fact is that, DEAR Sm: The people of Beaufort and Port Royal are greatll exercised over the as shown by the report.s, the Savannah shipping takes into that port report of the Naval Committee recommending that Tybee or Cockspur be used as thirty thousand seamen annually while but a few hundred go into a naval station for the North Atlantic fieet. We all feel n8aured that you will do the port of Port Royal. I refer to the report printed in the REcoRD your utmost to oppose the removal of the fleet from Port Royal, and that from your practical knowledge of the harbor and ita approaches we hope you may be able to and submitted by my colleague, who is on the Committee on Appro- show to Congre..~ the great mistake that would be made by such removal. priations, lMr. BLOUNT.] It was only tho other day that a case occurred which provee natural causes now. The truth is that those who know more about the two places furnish an explanation as to the healt-hfulness of the waters of Port Royal. than Commodore Ammen differed in opinion from him then as they When the fleet arrived here in April, no sDfficient supply of wholesome spring do now. Port Roy11l was selected because in the opinion of almost water could be obtained here, and a water-boat was en~arred to bring water from every competent authorityit afforded superior advn.ntages as a naval Charla: ton; later, however, a goodspring was found near13eaufort, and watern:om it has been in use on board since .August 31. This water has been found pure and statjon to Tybee Island or any other place on the South Atlantic wholesome, and much better than that obtained from Charleston. coast. Very respectfully, you"r obedient servant, Upon an examination of the Savannah memorial, which the gen- JOHN C. SPEAR. tleman from Georgia [Mr. BLOUNT] presented last Frid..ty in justifica- Surgoon Unitecl States Navy. Medical Inspector SAMUEL F. Cot:;.ES, U. S. N., tion of the action of the committee, and to which the other gentleman United State& Flag-Ship Wo1·cester. from Georgia [.Mr. HAI~TRIDGE] bas alluded to-(l:1y, we find in the l:tttor ' '- 3274 CONGRESSIONAL RECORD-HOUSE. MAY 23, portion of it, the real reason why the memorialists seek to have the It will be seen that the region is peculiarly healthy; that in a. sanitary point of rendezvous now established at Port Royal removed to Tybee Island. view it compares most fa.vombly with any other portion of the co!Ult . It is, in the very words of the memorial, "the fear that such outlays * k * * * * * S. F. COUES, will necessarily result in the establishment of a growing commerce Su1"UW1~ of the F leet. at that port, (that is, Port Royal,) to the serious and la~ting detriment The following is the report of Dr. Spear referred to in Surgeon of the commerce of the city of Savannah and other ports in the State Cones's report: of Georgia. · UNITED STATES STEA.Mil!R DICTATOR, SECOND RATE, Jealousy of Port Royal and fear of it as a growing commercial port Port Royal, I:J. 0., September 30, 1875. alone actuate the Savannah memorialists in asking tho change. It SIR: I respectfully report that in July the water contractor, Mr. D. H . mall, dis- is to be hoped that such considerations will have no weight whatever covered near Beaufort, South Carolina., a sonrce of water supply for vessels of war with this House. The~:;e Savannah memorialists, while admitting rendezvousing bare. It is a spring on Albert Gotha Creek, a tl'ibutary of Beaufort River, five miles above the town of Beaufort. The water flows from a wooded hill· that the harbor of Port Royal affords an advantage for floating a side, composed of clean, white sand. lt is very clear and cool, is agraable to the larger number of vessels t.ban any other harbor on the South Atlan- taste. and contains very little organic matter. The Dictator, Pawnee, and Pinta have tic coast·, claim that "this advantage is overcome by other consid- used it two months, ancl all agree that it i8 1ohole ·ome. keep~:~ well in tank, and is in erations of greater value." overy respect much better than the water we formerly batl from Charleston. The coutractor, since leasing the spring, has built a small sediment tank of brick and · The first of these considerations is the fact " that Port Royal is Roman cem ent and a large receivmg-tank with a capacity of nine thousand one wholly undefended by fortifications," while "the port of Savannah hundred and thirty gallons. He has also pnt up iron pipe fora distance of one hun- is prot.e cted by Fort Pulaski." What protection Fort Pula~ki aftorus dred and fifty-six feet, to connect the receiving-tank with the water-boatin the creek may be best understoo<.l by the fact that during "the late civil war below. The•spring has now a capacity of nineteen thousand gallons daily, and in the rainy season it will probably be more. At high tide a vo sel drawing seven batteries were erected by the Union forces all around it almost with- feet can reach the spring and load in time to get out on the next high t.ide. out the knowle-dge of the garrison, and that in thirty hours after the Very respectfully, first gun was fired against it it surrenuered, notwithstanding it was JOHN C. SPEAR, well garrisoned and fully supplied. But, admitting that Fort Pulaaki Surgeon United States Navy. Medical Inspector SAMUEL F. CoVEs, U. S. N., may be a protection to the city of Savannah, what possibl(} protec- Fleet Surgeon, North Atlantic Station. tion can it be to Tybee Island, where it is now sought to establish a naval station f Remember that duriugthe war when thoroughly gar- These two papers prove clearly that an adequate supply of fresh risoned it was unable to prevent the Union forces from erecting a sin- water can ue obtained at Port Royal, and it is rea onable to infer gle battery on Tybee Island. In fact, as I have already stated, batter- that the expen e of obtaining it is con iderauly reduced from what ies were erected on Tybee Island without the garrison in Fort Pnlaski it wa when it bad to be brought from Charleston, a distance of e-v- even being aware of their location nntil after t.hey bad opened fire enty-fivo miles. The estimate thereforo that, "with the force now upon the fort. That Fort Pulaski is no protection to Tybee Island making renuezvons at Port Royal, the cost for drinking-water will seems to be partially admitted by these Savannah gentlemen when not be le s than 100,000 yearly" is based upon a state of facts that · they st.ate "that the Government holds two hnndred and ten acres of no longer exist , and upon difficulties t-hat have long since been land on Tybee Island, intended for the sit-e o.f addit-ional jol'tijications." removed. That fresh water cannot be obt.ained at any port for ves- What need for additional fortifications if Fort Pula ki affords ample sels without some expense is a fact beyond dispute. I think I b~ve protection' As an o:ffi et, however, to these two hundred and ten fully met. the objections to Port Roya.l upon the water question. Bot acres on Tybee Island, the Government owns five b undred an cl twenty supposing these objections to be still true, does the port of Sa,ra.nnab acres at Port Royal, and the natural ad vantages of Port Royal are afford any superior advantages in this respecU I think not. At any such that it requires much less expensive and le extensive fortifica- rate, let us see. It is stated by Commodore Ammen, who seems to tions for the defense of the hqrbor there than at Tybee Island. In differ in regard to the comparative meriLs of Port Royal and Tybee t his respecL, therefore, Tybee Island posse es no advantages over Island as a naval rendezvous with almo t every naval officer con- Port Royal worth considering. In fact it is very questionable wbether necteu with the North Atlantic squadron, and with almost every any fortifications are needed at all for the protection of a naval ren- Army officer who bas any knowledge of the two places, th;tt "pnre dezvous. Certainly thef are not needed now, and will not be, per- fre ·b water is fonnd at all seasons of the year at tho beau of Billa haps, for years. Islaneral ineffectual attempts to obtain good water wore its claim to equal advantages with Port Royal and I am through. It made, and after lea,;ng Port Ro~al I requested Surgeon J. C. Spear to devot-e spe- cial attention to the suQject; to make thorough examinations of all water that is asserted that Port Royal possesses no superior advantage in depth could be supplied in ufii cient quantity from the vicinity. The letter of Dr. Spear, of water over Savannah, "the depth of water," it is said, ''over the wh10h is appenued, shows that the desired result has I.J een obtained; that an ade- entrance of Port Royal and Savannah being the same, namely, nine- quate supply of "excellent toater exists in the imntediate vicinity o.f Port Royal. At teen feet at mean low tide. ln tbi~:; respect, therefore, no snperiori ty my reque t Dr. Spear ba also prepared tables of temperature and r elative humid- ity, which are of great value, as are the statements in his able sanitary r eport, all can ue asserted for the former, each allowing ve els of the same of wh!ch papers are appended. dranght." This statement, in ruild language, is simply incorrect. . 1876. CONGR.ESSIONAL RECORD-HOUSE. 3275 Referring again to the communication from Captain Patterson, I Now, Mr. Chairman, if the substitute of the gentleman from Penn- fiml thu,t while the depth of water in the Savannah River at the outer sylvania [Mr. RANDALL] be adopted, then until those reports come bar is eighteen and one-half feet at mean low water, yet on the inner in every navy-yard in the United States will be at the mercy of the bar below tllo d eep anchorage at the north end of Tybee Island, the Secretary of the Navy. He is not friendly to many of the navy- dep t h of water is only sevent een feet at mean low water. As this yards. He has blows to give as well as blows to take in a rencontre inner lmr has to he crossed in order to reach the anchorage intended which he bas assumed to be personal to himself. If yon adopt this for the fleet, the eighteen and one-baJf feet on the outer bar is of no amendment, you leave this whole matter in the hands of a naval importa.n ce w ha.tever, since there is only seventeen feet on the inner board composed of men whose lives have been spent upon the sea, bar. On the other band, the depth of water at Port Royal entrance at who are not acquainted with the business affairs of life, who in the mean low water is twenty-one feet or two and one-half feet more than presence of the great elements of nature have been unfitted in their on the onter bar at Savannah and four feet more than on the inner habits of mind to deal with such a question as the sale of navy-yards, bar, while vessels can go np the Beaufort River to Bat.tery Creek, jnvo1vlng millions upon millions of property belonging to the people which is twenty miles from Port Royal entrance and four miles above of the country. There is nothing wise, nothing judicious in this the present anchorage of the fleet, and find at the bar on the mouth measure. It is simply evasion-a shirking of responsibility which of that creek nineteen feet at mean low water, or one-half foot more this House ought to meet now. You have the necessary facts to do water than is found on the outer bar at S:tvannah. so. You have more facts upon this question than upon any question UNITED STATES COAST SURVEY 0It'FICE, of like nature which has been discussed during this whole session. Washington, May 18,1876. [Here the hammer fell.] DEAR Sm: I take pleasure in appending below the information called· for by The question being taken on the amendment of Mr. MACKEY, of your note of yesterday. South C'll'olina, it wM not agreed to. l!'irst. Depth on bar at Port Royal entrance (outer bar) at mean low water, twenty-one feet; at mean l!igh water, twenty -seven and three-fourths feet. The question recurring on the substitute proposed by Mr. RAN- Second. Depth that can be taken up to Batters Creek, Bt!aufort Rh·er, at mean DALL for the amendment of Mr. LEWIS, it was agreed to; there being- low water, nineteen feet; at mean high water, twenty-five and one-half feet. Note ayes 97, noes 34. that th e least clopt.b .just stated is on a narrow bar ncar the mouth of Battery Creek; The amendmentof Mr. LEWIS, as amended bytbe substitution of but the water is several feet deeper i.nsicle of it. Third. Depth on bar at 'f·:rbee entrance (this rrfers to the outer bar Savannah the amendment of Mr. RANDALL, was adopted. River) at mean low water, eighteen and one-l!alf f~et; at mean high water, twenty- The Clerk read as follows: five and one-half feet. Depth on inner bar below the cleep anchorage at north end of Tybee Island, at mean low water, saventeen ft!et ; at mean high water, twenty- For compass-fittinp;s, including binnacles, tripods, and other appendages of ships' four feet. compasses, to be made in the navy-yards, $4,000. 1-'ourth. Depth of water on each side of Cockspur Island on the bar of the cban- Mr. BLOUNT. I am instructed by the Committee on Appropria- nd leading to nor-th si1le of the island, twelve feet at mean low water, and at mean hil!;h water, nineteen feet. On the bar leading .to the south siue of the island, at t.ions to move to amend the paragraph just read by striking out the mean low water, eight aml one-half feet; mean nig-h water, fi.fte<>n and one-half foot; words "to be made in the navy-yards, $4,000," and inserting" $3,000." t.here being- a. clepth of from eighteen to twenty-nine ftet at mean low water inside The amendment was agreed to. • and abreast the east end of t.he island. The Clerk read as follows : Fifth. Depth of water in &tvannah River up to Elba Island, on the bar at lower end of the islam!, eleven feet at mean low water; seventeen ancl three-fourths feet For musical instruments and music for vessels of war, $500. at mean hig-h water ; on the bar at the miudle of the island, nine feet at mean low water and fifteen and three-fourths feet at mean high water. Mr. BLOUNT. I move to amend by striking out "$500" and" insert- For the " comparative merits of Port Royal Soond and Tybee Roads M a. shel- in~ "$1,000." tered anchor~e for large-d •aught vessels," I beg leave to refer you to the chart sent The amendment was agreed to. herewith, upon whicll uoth anchor-agee are given on the same scn.lo. Yours respectfully, The Clerk reacl as follows : C. P. PATTERSO~, Bureau of Equipmc.>nt and Recruiting: · Superintendent United Sta,tes Coast Survey. For equipment of vessels: For coal for steamers' and ships' use, including ex- Ron. E. W. M. MACKEY, penses of trans-portation ; storage, labor, hemp, wire, and other materials for the House of Repre8er.tatives, Washington, D. 0. manufacture of rope; bides, cordage, canvas, leather; iron for mannfacture of Ur. LEWIS. The gentleman from Georgia [Mr. BLOUXT] whore- cables, anchors, and galleys; condensing and boat-detaching apparatus ; cables, ported t.his bill saw tit in his last remarks to make an attack upon anchors, fmniture, hose, bake-ov£>ns, and cooking-stoves; life-rafts for monitors; tbe Committee on Naval Affairs by asserting that in the mea~urcs heating-apparatus for receiving-sh:ps; and for the payment of labor in equipping vesselS and manufacture of articles in the several navy-yards, Sl,OOO,OOO. proposed to this House as amendments we bad fa.ileu to meet the wants of the country. Mr. BLOUN'l'. I move to amend the paragraph just read by strik- Mr. BLOUNT. I attacked the measme, not the committee. ing out" $1,000,000" and inserting '· $970,000." Mr. LEWIS. It is the same thing. The amendment was agreed to. · Mr. BLOUNT. If the gentleman chooses to make a personal mat- The Clerk reJ.d as follows : ter of it, I cannot help it. For contingent expenses of the Rureau of Eq_uipment and Recruiting, namely: Mr. LEWIS. Mr. Chairman, yesterday when the Committee on For expenses of recrniting and fittwg up receivmg-ships, freight, and transporta- Naval Affairs, through its chairman, submitted to the House a meas- tion of stores, transportation of enlisted men, pnnt.ing, advertising, telegraphing, books and models, stationery, expre~s charges, internal alterations, fixtures, and ure perfectly just in itself, the most effectual and import,ant measure appliances in equipment buildings at navy-yards, foreign postage, car tickets, fer- that bas been brought before this House in the line of economy and nage, and ice. apprehensioD"Qf deserters, asstsbl.nce to vessels in distress, continu- reform, the chairman of the Committee on Appropriations, the cham- ous-service certificates and good-conduct badges for enlisted men, inClJlqing pur- pion of reform, was found voting against this measure. cha-se of school-woks for training-ships, $45,000. Mr. RANDALL. The gentleman certainly does not refer to me. Mr. BLOUNT. I move to amend the paragraph just read by strik- Mr. LEWIS. I mean tbe gentleman from Georgia, [Mr. BLOUNT,] ing out "$45,000" and inserting "$75,000." ' the chairman of the subcommittee. I admit that the distinguished The amendment was agreed to. gentleman from Pennsylvania [Mr. RANDALL] voted for that amend- The Clerk read a.s follows : ment; but the gentleman who made the attack on the Naval Com- Bureau of Provisions and Clothing : mittee voted against that measure, reducing in only a small ratio tho For provisions for the officers, seamen, and marines, $930,000. pay of the Navy. For pu:·chase of water for ships, 30,000. Mr. ATIUNS. I wish to remind the gentleman that I also as a For contingent expenses : For freight and transportation to foreign and home sta- member of the Committee on Appropriations voted for the amend- tions; candles and fo.el ; intepor alterations and fixtures in inspection buildings ; tools, and repairing same at mght inspections; special watchmen in eight inspec- ment. tions; hooks and blanks; stationery; telegrams ; advertising· postage and express Mr. LEWIS. I am speaking of the gentleman from Georgia, [Mr. charges ; t{)llst ferriages, anrl car tickets ; ice; and incidentaf labor not chargeable BLOUNT.] to other appropriations, $30,000 .Mr. BLOUNT. The gentleman is dealing with me entirely. I hope Mr. BLOUNT. I move in line 257 to strike out " 30" and insert "25;" he will be permitted to go on. so it will read: Mr. LEWIS. The gentleman is the champion of the bill before the House; and it was he who made the attack upon us. For the purchase of water for ships, $25,000. 1\fr. MILLS. I hope the Committee on Appropriations will allow The amendii;~ent was agreed to. the gentleman to proceed. Mr. BLOUNT. I also move, in line 265, to strike out" 30" and in- Mr. RANDALL. I hope the gentleman will not reflect in that wa.y sert" 35." upon the Committee on .Appropriations. , The amendment was agreed to. Mr. LEWIS. They have reflected upon us. The Clerk read a.s follows: Mr. ChaiJ:man, the measure which we reportf'.d was in the direction BUREAU OF CONSTRUCTION AND REPAIR. of reform. If the reduction of pay which we reported had been For presermtion of vessels on the stocks and in ordinary ; purchase of materials adopted, the purchasing power of the salaries of the officers of the and stores of all kinds; labor in navy-yards and on foreign st-ahions; preservation Navy would be as great to-day as from Hl65 down to the time when of materials; purchase of tools; wear, tear, and repair of vessels q.tloat, and for the panic began. There was nothing unjust in that measure. It did general care and protection of the ~avy in t.he line of construction and repair; in· away with the odious system of promotion ·w hich has been filling up cidental expenses, namely, advertising and foreign postage, 1 1,500,000. the retired-list, making that list more repugnant to the spirit and Mr. MILLS. I move, at the end of line 274) to add the following: genius of our Government than the civil-pension lists of Great Britain, The Clerk read as follows : · The democratic side of this House, trying to pursue the line of re- And that the sum of $200,000 of the above sum, or as much thereof as may be trenchment and reform, reported this mea.snre through the Naval neces.sary, shall be ~.sed in the employment of labor to put the live-oak timl.ler in Committee; but it was killed in the House of its friends. the different yards m wet;.docks; anti labor for that purpose shall be employetl / . .3276 CONGRESSIONAL RECORD-HOUSE . --------------------------~-------.---------------------------------- during the months of July, August, or September, and shall be dis~harged before to gt>t a fellow or two employed there. and se~retaries of the D_epartme~t.bave _said the 1st of October lil76 · and during the months of October and :November, 1876, to me that without the mol'lt careful observation, under republican adm1rustrations, there shall not be 'exceeilin~ fifty persons borne on the list a.s laborers at anynav~­ all the yards were sure to be filled with democrats. yard at the expense of the Government. 1\fr. HARRIS, of Massachusetts. In the investigation by the Com- Mr. MILLS. Mr. Chnirma,n, during the exa,mination made by_the mittee on Naval Affairs on the subject of the storage of live-oak in Committee on Naval Affairs :tt the different navy-yards of the Umted the three navy-yards of Brooklyn, Philadelphia, and Boston, thi fact States as far as they went, they hu,ve discovered the fact tha~ a large was clearly developed, that all the live-oak timber received at these amour{t of live-ou,k which the Govemment bus been purcha~I~g for :t yards-very little of it having been received at Philadelphia-within number of yeu,rs is lying in these yn,rds in an exposed conditiOn. It one year is lying there unprotected either by covering or by-being put is a peculiar kind of timber, and if exposed ~o extreme h:eat or c?ld into the wet-docks. In Boston there is a very large amount of that cracks and in the course of a, few years deteriOrates, and m some_m- timber l.ving exposed which bas cost the Government a ~reat sum of stances becomes ruined. We found at the Boston navy-yard an(liD a money and is very valuable. And it is very .desirable, m my judg- number of other navy-yards a large amount of this timber lying out ment, that there should be an appropriation somewhere,in oruer that exposed in those yards without cover. lt is best preserved in wa.ter, it may be properly taken charge of. and when we a ked the officers why it was not in water the an wer The answer made to us on every occa-sion when the question was was uniformly they did not have the l~bor to put it in W!l.te.r and take asked why this lumber was suffered to lie unprotected in that way care of it. was, "The appropriation is exhausted; it cannot be ~~k:::::::::::::::::::. ~ ::::::::::::::::::. 4l9, 516 1, 769,576 ~ 5 630, 308 trict where they h~d had 6,000 maj9rity for several years, there was a majority of 6,500 against them; and it appear~d that these twenty or Now a-s to the other proposition in this amendment, that the De- thirty or forty of the most prominent republica~~ from_ the State of partment shall be obliged on our say-so to have in certain months of Maine had not the slightest influence or power with a smgle Bureau the year-the hot months of the year, when you can labor to less ad- in that yard. vantage-the most men in the yards, and in certain other months it [Here the hammer fell.l shall have the fewest men, I do not think we can atford to adopt it. Mr. BANKS. Just one word more, because I have had to speak on The gentleman talks, and I have heard it before, about polit.ical in- both sides. [Laughter.] It is not every one who can do tha.t. I have fluence. He claims these yards are used for political purposes by advocated earnestly and stronglv, because I knew it was for the in- the party now in power. In answe! to him, I ask t.be C~erk to r~ad terests of the Government and for my interests, and I want to .rut in from the Congressional Globe on this very matter for the mformat10n a word on both sides, that the beads of the Bureaus, that t.he superin- of the aentleman from Texas, who talks on this subject of the abuse tendents of the workmen, should be men chosen from ci villife, skilled of navy-yards for political purposes. They are the remarj{s ?f Gen- in their profession, and without the right to make appoint':llents of eral BANKS in reference to t.he- management of a navy-yard m New men merely for political purposes and without regard to the mtercsts England. of the Government. The Clerk read as follows: In the Senate of the United States and in committees of conference The order that was issued, which was a. very pro~er one, aa the gentlem~nfrom we had every strong point macle t~ere! and the last oppon~nt that. I New Hampshire says, was the voluntary act of the Secretary of the Navy himself. met, who opposed entirely the orgamzat10n of the ~~ards on th18 g~ound, No J?Ortion of the republicans of Chal'lestown asked for it. On the contrary, both was one of the most prominent democrats of the country, himself scctwns of the republican party there re~arded it as unsatis~actory. But the Sec- named not long ao-o as a ca.ndida.te for the Presidency. r etary belicvecl it was the proper rule to ne enforc.ed, and whi~h ha~ been en~orced in themana.,gement of that and all other yards. I myself advised btm to do !t, and Mr. MILLS. By a rule of law of universal recognition and whic1i it was issued So far as the management of the navy-yard at Charlestown IS con- the gentleman from Maine as a lawyer ~ill certainly understand, no cerned I l!ay.now what I have said here before, that democrats have more infl.u- man is permitted to manufacture testim?DY for himself. ~e has oncear:d power over it than auy members of the republican party I know ever bad. brought in the sayiug of a gentleman of b1s own party. . It 1s mere It is twenty years since I first i:epresenteu this important in; erest in Congress, and hearsay testimony, and ought not to be taken; but even I.f I_ shoul~l in all that time, whether under democratic or republican mle, I have never bad :my consiuerable influence in its management. Democrats out of Congress, and waive all objection to his witness and the com~etency of hts te t_l- apparently out of power, have sometimes kindly volunteered to aid me ifi w~.atctl mony, I must· say that I think he has been excecdmgly unfortunate rn 1876. CONGRESSIONAL RECORD-HOUSE. 3277 the selection of his witness, for the House has come to the conclusion .Mr. RAl.'fDALL. I am here; I will listen. by this time that his witness has turned back on him. :Mr. WHITTHORNE. I desire, then, to know from the Committee When we were at Boston investigating the condition of the navy- on Appropriations in so many words whether in the line of construc- yard at that place, we discovered that in the months of October and tion and repair that committee intends that the Bureau of Construc- November, I think, over one thousand hands were put on at that yard tion and Repair shall set about the building of new vessels 'f to work under the following uelightful epistle : Mr. RANDALL. I will answer that-. question. My understanding Private.] BosTON, MAssACHUSETrS, OctobeT 23, 1874. is that we have cut the appropriation down to a sum sufficient forre- MY DEAR COMMODORE: I wish you would approve requisitions for men to be pairs. In so far a-s iron-clads are concerned, there are fifteen now employed as thev may be made until the 1st of November. afioat and five to be finished. Some fifty additional men has allowed from the Chelsea district, and I suppose :Mr. WHITTHORNE. Then do I understand that the Committee some more will be required from Gooch's district. on Appropriations intend to commit themselves to the work which the The Administration desire the success of Gooch and FRosT. Yonrs respectfnlly, Secretary of the Navy bas undertaken, under contracts with John I. HANSCOM. Roach and others, for the repairing and building of iron vessels f Commodore E. T. NICHOLS, U. S. N., Mr. RANDALL. I see th~ gentleman from Georgia [Mr. BLOUNT] Commandant. now in his seat. If be had been here before, he would have been the Now, sir, about one thousand hands were employed under that proper one to answer the question of the gentleman from Tennessee, order to cut down the bull of tho steamship Virginia, an old vessel [Mr. WmTTHORNE.] I will say that so far as I know the Committee commenced in 1816, and that has the most magnificent hull of live- on Appropriations intend to commit themselves to nothing. We have oak timber of the very best quality in the United States Navy, offi- cut down the appropriation for this purpose as far as we deemed it cers of the Navy say as sound and ha.rd as rock, and tlie work done safe to cut it down. If -the gentleman from Tennessee can make it cost the Government I suppose eight or ten thousand dollars in the manifest that we have not reduced it low f\nough, of course the com- injury to the vessel, but the expenses to the Treasury for the pay- mit.tee ought to 1isten to him. ment of bancls amounted to over $100,000. One hundred thousand 1\fr. WHIT'fHORNE. My object in asking the question was this: dollars of the treasure of the Government of the United States, I diu not suppose that the Cominittee on Appropriatious inteooed by if you will allow me to uiscarcl poetry and speak in the language of any words which they might nso to give sanction to what the Secre- tmth and fact, was embezzled by the officers of the Government to tary of the Navy bas done in the past in the way of repairing vessels elect two gentlemen to Congress who were agreeable to the taste of and constructing new vet:;Sels. the Administration; and I will say in praise of the gentleman from M:r. RANDALL. I will answer for myself in that connection; I do Massachusetts that all the energies of the Administration, all the not know that I have the right to answer for anybody ~lse. I con- sinews of its power in that yard, all the influence of $100,000 that demn entirely the manner of l'~pairing vessels, as it is called; really was robbeu from the Treasury to defeat him by put,ting men in the building new vessels, having nothing of the old but the names. We yard who would vote against him-notwithstanding all this, when the cut down this appropriatioM from 3,::JOO,OOO to $1,500,000, which is a day of election came, so strong is his hold on the affections of the pretty serious cut, unless we had justification for it, which I think people of Ma sachusetts, that these men went to the polls to a man we had. and cast their votes for him. Mr. WHITTHORNE. So far as I am a member of this House, I do Mr. BANKS. I cannot dispute it, sir. [Laughter.] not want that we shall commit ourselves by any indirection to tl1e The amendment to the amendment was not agreed to. policy of authorizin~ the Secret:.UJI of the Na\y to build new vessels. The question was taken on the ::unendxmnt offered by Mr. MILLS; If Congress means that .new vessels shall be bnilt, let it say so and and it was agreed to. · appropriate money accordingly; that is what I mean. :Mr. HALE. I move in lines 273 and 2i4 to strike out "$1,500,000" A word now in regard to the proposition to increase this appropria- anti insert" $1,750,000,"pa.rtly because by the amendment just adopted tion from 1,500,000 to $1,750,009. There is absolutely no necessity a, designation has been made of $200,000 of the funds of the appro- for any increase, for the rea-son that there is now plenty of material priation for the Bureau of Construction and Repair, and partly to on hand at the different navy-yards for all the repairing which the call the attention of the committee' to the fact thn.t this appropria- Government is likely to do for the next five or six years; I mean re- tion as it stands at present is smaller than has been given to the Bu- pairing solely. Hence the a.mount of money which you appropriate reau of Construction and Repair for many years. One year previous will be or ought to be expended solely for the labor required to re- to the war there was more expended than is now given. The com- pair the vessels of the United States Navy with the materials which mittee has reported grudgingly only ·1,500,000, and designation of we already have on hand. Hence the limitation put here by the Com- $200,000 of that has already been made on motion of the gent.le- mittee on Appropriations of $1,500,000 is ample for the purpose. man from Texas. Last year's appropriations for this Bureau were [Here the hammer fell.] $3, :~00,000. The committee has cut that down more than 50 per cent., a Mr. BLOUNT. I move to strike out the last word for the purpose larger reduction than has been made in any other branch of the service. of adC4'essing myself to the amendment of the gentleman from Maine Sir, this is the Bureau upon which is dependent. the actual life aud [Mr. HALE] proposing to increase by $2.~0,000 the appropriation rec- existence and maintenance of the Navy. All the repairs of the uiffer- ommended by the Committee on Appropriations for this branch of ent ships on all waters of the globe are made by this Bureau, and any the service. • gentlelllfl,n with any experience knows that you cannot maintain a 'Vhen the Co.mmittee on Appropriations came to this Bureau they navy even as small as ours without there being natural decay and felt impressed with the propriety of restraining the further prac- destruction that involve a large amount of money for repairs. If tice under this Bureau which the gentlema.u from Tennessee [Mr. my friends who are seeking to cut down this appropriation had ever WmrrHORNEl has stated now obt'lined, that of really building new been engaged in the merchant marine or had owned or sai:led vessels, vessels under the name of repairing vessels. They set out upon the t.hey would understand better the decay that is incurred by a vessel inquiry, What is the legitimate expense of simply keeping the Navy at sea. in repair a.s umlerstoqd iu common parlance f We were informeu Now, I do not think, Mr. Chairman, that this House intends to that with $1,750,000 they could do that work and completo the five cripple the American Navy. We have bad evidence of it already. I iron-clads that have been contracted for and are now in process of con- do not think there is any disposition here on the part of the majority, struction. We did not deem that the rapid completion of those iron- so fur as we can judge, to do this; but there is no surer way of im- clads was a matter of any pressing importance ; and we determined, pairing the efficiency ofthe·American Navy and leavin(J' it in a bad therefore, to reduce the amount appropriated to $1,500,000. That condition from rear to year than unreasonably cutting down this ap- amount will still permit the completion of these iron-clads within propriation for the Bureau of Construction and Repair. Out of that two years instead of one. I therefore can see no reason for increasing appropriation during the last seven years the present Secretary of the the sum, because there is really no necessity for the present comple- Navy has kept up the Navy in its present condition and made it a tion of these iron-clads. better Navy than we ever had on the waters of the globe. He has My colleague on the Committee on Approp1iations, [Mr. HALE,] now got it in good condition. I am free to say that he can get along without stating anythi,ng tangible, without giving us any definite with a less appropriation than he has had heretofore, and that is why information, states generally that persons not familiar with these I for one would consent to a large reduction. But when gentlemen things cannot conceive of the expense attending naval affairs. Now, want to cut the appropriation down from 3,300,000 to $1,500,000, and while my own judgment and information on tha.t subject were defi- then designate $200,000 of that for a particular ,Purpose, only leaving cient at the outset, I think I have bad from the Department enough him $1,300,000-I say nothing of ships that cannot be completed for information to justify me in the conclusion that the amount proposed less than $1,000,000-he cannot maintain in their condition the ves- by the Committee on Appropriations is sufficient. I hope, therefore, sels now to ue found in our different squadrons in the different waters that the Committee of the Whole will reject the proposition to in- of the globe. crease this appropriation, especially as the care of the timber is one Mr. WHITTHORNE. I sha.ll undertake on afutureoccasion to take of the items of expenditure under this Bureau of Construction and issue with tho view of the gentleman from Maine that the Navy of Repair. the United States is now in a better condition than it wa-s ever known Mr. DANFORD. In answer to the declaration of the chairman of to be. I shall undertake on that occasion to demonstrate, if possi- the Committee on Naval Affairs [Mr. WmrrHORNE] that, in his judg- ble, that the United States Navy has never been in so shameful and ment, our Navy is to-day in a worse condition than it ever wns at miserable a condition as at the present time. any previous time in our history, I desire to say that the ships of our Now, replying to the matters that are pertinent to the amendment, Navy, as shown by the reports of the Secretary of the Navy and of I desire, if the gentleman from Georgia [Mr. BI..OUNT] is here, but I the Chief of the Bureau of Construction and Repair, are to-day un- see be is absent-- - doubtedly in a better condition than th(5y were when this Adminis- 3278 CONGRESSIONAL RECORD-HOUSE. MAY 23, tration cn.me into power, if we n.re to plaee any reliance whatever upon Candition of the unarnwred t•essels, g-c.-Contin ned. those reports. If my collengue on the committee [Mr. WHITTHOR~E] speaks of our Name. 1870. Nn.vy in compn.rison with t.he navies of the gren.t powers of the world, then it becomes a question of judgment and opinion '"hetherthe Navy Iowa ... __ . _.. . Not completed; some rot ten Vexy rotten, nnd will require of the United States is now il1"a compamtively worse condition than wood in her; white· oak ship. new timbers and pla.nk abo\·e it ever was before n.t :wy time in our history. water. The policy of the grestt powers of the world in ~elation to. the con- Iroquois-·--·-· Extensive repa.irs required be· Repaired thoroughly but need· struction of navies has not yet been fully determmed. 'Wh1le Great fore she can be sent to sea. ing new boilers. Jamestown ... . Sailing-ship in commission; will Repaired and loaned to the Britain within the last thirty days h:1s launched at least two iron- require repairs when &hear· State for school-ship, Cali- clads with twenty-four-inch arr.nor, we hear on the other hand that rives at a navy-yard. fornia. Herr Krupp is prepared to build a gun of one hundred and fifty tons Java .......... . On tho stocks; requires a large On the stocks; same condition. thaL will throw a projectile which will crush in the sides of those e-xpenditure to complete. Whito-oak frame. iron-clads as the six-pound shot of ihlrty yenrs ago crnl:lbed through .Jean Sands. __ . Tug with crane for remm-i.ng In good condition. the sides of the wooden vessels of the navies of the world of that h('avy weights. Juniata ...... . In commission, in fair condition . Requires extensive repairs. da~Ve have no settled or fixed policy in this country in relation to the Kansas ...... .. Requires large repairs . _... _. _.. Requires extensive repair!!. Kearsarge ... . Untit for sea service .. -... -.. : .. Extensively repaired nnd made construction of ships. I concede that; and when Congress a ~ew equal to a now vessel ; at sea. years ao·o made a provision for the increase of our Navy, appropnat- Lackawanna. _. Requires large repairs . -.-.-.-. Repairedatsea; in good con:l as ~ L:l1d up at New York; torpedo- Laid up at New York. rn 8 F-t 8 c!:l s~~~-~~:.·. boat. - -- - .....--- Supply........ . 8:\iling ; store-ship .••.•....••... In service; bringing snpplies Total numbflr of unarmored vessels of every kind and for Cenrennial. condition in the United States Nn.vy 18i0, (as a.hove) . . . 133 Swa.tara. ...•••. . At sea; reported rotten _.•• : .•.. Rebuilt; made a cruise around Lost at sea since 1870 . . . . . . . . • • . . . . . . . . . . . . .. . • • . • . . • • . . . 1 2 3 the world ca.ITying scientific Condemned as unworthy of repairs and sold....... . ... .. 6 10 20 corps to witness the transit of Condemned and broken up...... . . . . . . . . . . • . . . . • . . . . . . . . . 1 2, 25 Venus. Tallapoosa ..... Special duty; c:m-ying stores to Repairing thoroughly, and in -- IUS navy-yaros. excellent conditwn, Purchased into N a.vy since 1870 . . .. • . . .. . . . . • . • • • • . • • • • • . . . . . 2 2 Tennessee .••. . Requiring extensive repairs to Thoroug)lly repaired; now in New vessels built for Navy since that year............... 1 7 8 10 hull and machinery ; unfit for COill1IUSSlOD, fl.a.g-ship, (Asiat- a cruise a.t se.'\ until repaired. ic.) Present strength of Na.vy in unarmored vessels.......... . . . . . . . . . . . . .. . . llB Ticonderoga ... In good condition o.nd in com- In good condition, except calk- mission. ing and painting; large re- pairs made in 1870. Triana. ........ . Requires. new deck, and ma- . New decks put in, and requires Condition of 1var-vessels of the United States in, 1870 and 1876. chinery repa.ired. new boilers. Tuscarora ...•.. In commission, but will require Thoroughly repaired; in good repairs on her rotum to a condition. Naine. 1870. 1876. navy-yard. Vanda.lia. .••.... Reqmring very largo repairs bo- Rebuilt and in commission ; fore gomg to soa. ono of the best vessels of her Ajax ........•.. Deck bemna ·and decks rotten; Thoroughly repaired by taking class in the N:wy. machinery requires extensive off decks raised up 15 inches; Vanderbilt . .... Condemned as unfit for repairs . . Sold. repairs ; cannot bo used until new iron decks put in; new Vermont . ..•... Requires large repairs for re- Receiving. ship ; old type of repaired ; decks and sides re- inboard works; new steam- ceiving-ship; not a.vaila.ble as sa.ilillg 74; condeinDed.- quire to be raised up 15 inches. windlass; hydraulic-power a fighting-vessel. for raising turrets, and com- Condemn ail; unfit to finish ..... . Broken up. :;~~h-~::::~: Under extensive repa.ir-8 ....... . Repaired, and in commission. Caimanche .......•... do .......... ·····'" ....... . pleted for sea duty. Do. Wachusett ..... Repairing top-work ........... .. Requires repairs, such as calk- Canonicus ........... do ...... ................ . Do. ing and painting. Ca.tskill.---···· .•.... do .............•.•......... Do. Wasp .••••.•... Very much worn and will not be Sold. Jason . ............... do ............•............ Do. worth repairing after present ~=ii~~:: :~ ::::: :~~ ::::::::::::::::::::::::: Do. dnty. Do. Worcester .•... In fuir condition, although she Condemned fo-r-further sea. serv- Do. bas never been to sea ; some ice. Used as receiving-ship. Montauk ............. do ........................ . Do. rotten wood haa been found in Nahant ............•. do ........•............... . Do. her hull ;' will not last mo1·e Nantucket .... .... ... do ..... .•..........••.•..•. Do. !~=~~~:::: : : : ~~ :::::::::: ~: ::::::::::::: than five years. Do. W ya.mlnnk .... Unfit for sea service or repairs .. Unfit for sea semce; used u.s Do. store-vessel. Do. Wyoming ...... Requires repairs, which are be- "Being repaired slightly, and in Monadnock .... Reqniresironhnll; unfitforuse. New iron frame built an1l put ing ma.d-e. good condition. up and :preparation made for Yantic. ........ In good condition for five years. In commission, and in fair con- plating mside and out; could dition. • be completed in four months. Snsqueh:mna . . Condemned ; unworthy of re- Condemned to be sold. Terror ......•...•. .".. do ........................ . Do. pairs. Amphitrite .. ...••.•. do ....•... ! ............... . Do. Miantonomoh ....•.•. do .•.......•.....••..••.... Do. 3280· CONGRESSIONAL RECORD-HOUSE . MAY 23, Condition of tcar-tessels, ~fc.-Continued. .always been done. The name of the sbi p is retained; but, insteall of act.tm1ly repairing her, she is practically rebnilt from the bottoru. Name. 1870. 1876. This, however, adds no ship to the Na.vy ; it does not incrense our naval force in numbers. I have here a list of a few of the -ve sels which in yeu.rs past have been rebnilt in this way: the United States, Dictator . . . . . . . Beams and decks slightly rotten.Decks rotten, and requires new in 1 50; Fulton, 18'35; Engineer, 1835; Princeton, 18Gl; Constitution, iron decks and to be raised up for more free-board. 1853; ConsteUatiou, 1853; Congress, rebuilt 1840, broken up at Nor- Puritan . . • . . . . . Requires rebuililing to answer New iron frame nearly com- folk 183G; Macedonian, rebuilt 1852; Franklin, 1854. her original design pleted; capacity increased w .All thefle things were done in the olden days. Gentlemen need not carry 6 15--inah guns and 12- set np this cry of abuse. Na.y, sir, more than that; in 1843, out of tl1e iuch platin~. Roanoke....... Can be used for harbor defense .. Requires rebuilding with iron regular annual appropriations for the Navy, the sloops Portsmouth, n-ama and plating. Germantown, Albany, Plymouth, St. Mary, and Jamestown were lmilt Algoma ........ Unfit for use; insufficient dis- Broken up. outrigllt as new ships. They were not merely built over old names placement. Condemned. of the vessels then existing in the navy-yard; but without author- Chickasaw..... Unfit for service and unworthy Sold. ity or lea.ve or knowledge on the part of Con~ress the then ad- of repairs ; of light plating ministration proceeded to add to the Navy these SIX new ships out of only, and of insuflicientcapac- the annual appropriation for construction and repair. ity for proper thickness of rron The Secretary of the Navy in this as in other things has guarded rumor. Cohoes ......... Light-draught monitor; unfit for Condemned o.nd broken up. well to see that the Navy should be kept up, that the money Con- use and Unfit for repairs. gress furnished him instead of being wastefully and extravagantly Iris .................. do ........................ . Solll. spent should be put upon the Navy itself so that something might Ettah .......... ...... uo ...................... .. Snlll. sbow•for it. If the gentleman states that the American Navy is llero .............. do ................... ..... . Condemned and broken up. Kewaydiu. . .. . Unfit for ~;crvice or repairs . .. .. Solrl. poorer than ever before, I ta.ke square and direct issue with him, for Klamath·. .. .. .. Light-uraught; unfit for serv- Sold. both in wooden and iron vessels, in sailing and steam vessels, the ice or 1 epa irs. present Secretm·y of the Navy ha-s built up and maintained such a Koka. ...•.•... .... . do . .............. . ........ . Condemnerl and broken np. Marietta . . . . . . . U11 ii t for service or repairs ..... . Do. force as we never ba{l before in the history of the Government. There Minnetonka... . Li_a:ut-draught; unlit for serv- Do. are to-da,y fifteen iron-cbd ships ready for immediate use if war ice or repair. should break upon the horizon, and when be c'lme in there were not Modoc ............... do ....... ................. . Do. three which could go out of any one of our ha.rbors and be prevented Napa................. do ........................ . Do. Nansett ......... ..... do ........................ . Do. from going to the bott-om. Ho hM spent only a percentage of what :Niobe ................ do ....................... . Do. they ori~?inally coRt, and to-day aa compared with any ot.her power Osceola......... Unfit for service or repairs .... . Sold. they make us a formidable people. Otsego . . . . . . . . . Light draught; unfit for service Co11demned and broken up. [Here the hammer fell.] or repair. Piscataqua. .......... . do . ....................... . Condemned and partly broken Mr. BEEBE. My attention was attmcted by the remarks of the gentleman from Maine. I understood him to instance cases wbero Sandusky...... U;nfit for service or repair ... : .. . Sol~.' vessels bad been repaired, but I do not understand that he instanced _ Umpqua. ....... L1ghtdraught; un:fitforserv1ce Sold. any case since 1861. I would inquire wbether he has upon his list or repair. Wassuc ... . ......... . do .. ........... ~ .. . ...... .. CondelUDed and broken up. any case since then f Winnebago . . . . U_nfit for service or repair ... : .. . Sold. Mr. HALE. The cases complained of by the gentleman on that Yazoo .......... L1ghtdra.ught; unfitforserv1ce Condemned ancl llroken up. side are since 1861. or repair. Mr. BEEBE. Precisely; but we find in the Revi8ed Statutes this Yuma ................ do .................... .... . Sold. Colossus . . . . . . . On t.he stocks, much decayed ... . Condemned. section: Massachusetts. Double-tniTet monitor; white- Do. S.Ec. 1538. Not more th~n $3,000 shall be expended at any navy-yard in repairing oak ship, requiring. 1,200,000 the bull and spars of any vessel, until the necessity: and expediency of such repairs to complete for serviCe. and the probable cost thereof are ascertained and reported to the Navy Deparl· Nebraska ...... Rotten and unworthy of com- Condemned and broken np. ment by an examining board, which shall be composecl of one captain or colillllillld- pletion; recommendecl to be er in the Navy, designated by the SecretAry of the Navy, the naval constructor broken up. of the yard w'hcro such vessel may be OJdered for repairs, and two master-work- Oregon. . . • . . . . . On the stocks; white--oa.k vessel Condemned; rotten. men of said yard, or one master-workman and an engineer of the Na.vy, according and somewhat docaved. to tho nature of the repairs to be mado. Said master-workmen and engineer shall Shawnee....... Light draught; unfit ~or service Condemned and broken up. be designated by the head of the Bureau of Construction and Repair. or repair. Suncook . . . .. .. . ..... do ........................ . Do. Mr. HALE. That has always been complied with. Mr. BEEBE. I understand not. From the investigation which we ffiON·CLADS.-RECAl'ITULATION. have been giving to this in the Committee on Expenditures in the Navy Department we find instances where repairs have been made 1870. 1876. without compliance with the requirements of the Revised Statutes. Now, sir, it is not my purpose to engage in the discussion of this bill at a1J, nor did I have that intention when I rose. I merely desired to call the attention of the committee to the fact that since the time Rate. instanced by the gentleman from Maine we have had a provision of the Revised Statutes incorporated in the general system of our laws which should be strictly complied with by those in charge of this - - - - - - - - - - - - - · - - - - - - - - - - - - - - - - great Department of our Government. . First ........................................................................ .. The CHAIRMAN. Debate is exha.usted. Second............................ 6 1 ...... 1 2 4 ....... . The pro forma amendment was withdrawn. Third.................... ......... 4 .... .. Mr. HALE's amendment was rejected. Fourth............................. 14 26 14 4 ...... 10 · 16 The Clerk read as follows : Totals ......................... ~ ---z714 - 5 - - - 2I~ --1-6 Naval Academy: '--~ For pay of professors and others : For one profe.'isor of drawing, (head of depart. - - - - - v - - -·- - - ' Whole number .. .. .... . . . .. ....... 51 51 ment,) $2,500; three professors, namely, one of mathematics, (:l.Ssistant,) one of chemistr.v, and one of French, at $2,200 each; eleven assistant professol'S, namely, four of French, one of Spanish, three of English studios, history, and law, one of The question being taken on the pro fonna amendment, it was not mathematics, and two of drawing, at $1/800 each i sword-master, at $1,500, anay of non-commissioned officers, La,ncaster, laid up at Portsmouth. m :us1m~s. ptwates, ancl others of the corps, and for transportation of officers trav- Severn, in ordinary at New London. eling w1thout troops, and for payments to discJ?-arged. soldiers for clothing undrawn, Worcester, in ordinary at Norfolk. $500,000 ; anc~ from an~ af~r the ~assage of ili;is ~ct there;: shall bA no appointments Trenton, bnildin~ at New York. to ~l vacanmes occurnng lll the list of COmmlSSlOned officers of the Marine Corps :Benicia, laid up at .Mare Island. until the number of such officertJ shall have been reduced, by casualties or other- Ticonderoga, laid up at Portsmouth. wise, to seventy-five. Canandaigua, in ordinary at Norfolk. Mr. BLOUNT. I move on page 17, line 393, to strike out "500" Shenandoah, in ordinary at New Loudon. aml insert in lieu thereof "624;" so it will read "$624 000." Vessels of third rate not in need of marinu. 'l'he amendment was agreed to. ' Qninnebaug, repai~ at Philadel,phia. .Mr. LEWIS. I move to strike out from the word "and" in line G-alena, repairing a.t Norfolk. Iroquois, laid up a.t Mare Island. 393, down to and includ\ng the words "15" iu line 3981 and in lieu Adams, "building at Boston. thereof to insert the following. Enterprise, builili.na at Portsmouth. Essex, buildin_g at fiosb:m,. The Clerk read as follows : Allia.nce1 bnilaing at Norfolk. That the Marine Corps of the United States shall consist of one ooUliOOildant with Ranger, onilding at Wilmingt.Ga the rank of colonel, one lieutenant-colonel, three majors seventeen captains twenty- Wachnsett, laid up at Boston. two first lieutenant.~. twenty-two second lieutenant8, one sergeant-major, ~ne quar- Mohican, repairing at Marc Island. termaster-sergeant, one hundred and forty sergeants, one hundred and thirty-five Wyoming, laid up at Washin!!ton. corporals, an~ twelye hundred pri'!'ates in time of peace, to be increased in time of Narragansett, at navy-yard Mare Island. war, at the discretion of the President, to any number not exceeding three thou- Kansas, laid up at Portsmouth. sand, with a corresponding increase of non-commi88ione the United States minister at London, with a view to Adjutant-General and Quartermaster-General relative to the Govern- such reparation as may be justly due." ment farms in Princess Anne County, Virginia, in 1864 and 1865; Afterward, when the war was over, the Government, through the which was referred to the Committee on War Claims. Department of State, issued an official notice, dat-ed September 22, Mr. HARD ENBERGH. I ask consent to introduce a bill for refer- 1865, callin~ upon "citizens of the United St.ates having claims ence. against fore1gn governments, not founded on contracts," to forward Mr. WILSON, of Iowa. I demand the regular order. them to that Department, urgently asked compliance "without de- INDIAN APPROPRIATION BILL. lay," and accompanied the notice with rules for the guidance of ap- Mr. RANDALL. I move that the House resolve itself into Com- plicants, directing the insertion in each claim of a request " for the mittee of tbe Whole upon the Indian appropriation bill, and pending interposition of this Government with the foTeign gQvernment against that motion I desire to consult the wish of the House as to the time which the claim is presented." In accordance with the ·trust thus that shall be allowed for general debate. If left to my own discre- confided to our Government by the sufferers, the claims were duly tion, I would indicate two hours. presented to the government of Great Britain and subsequently to The SPEAKER p1'o tempore. Is there objection to limiting general the tribunal at Geneva. debate on the Indian appropriation bill to two hours f In pursuance of the same line of manifest duty, requiring every There was no objection, and it was ordered accordingly. government to afford due protection to its citizens or subjects, Mr. The motion of Mr. RANDALL was agreed to. l!1sh, as Secreliary of State, replied to letters inclosing claims of The House accordingly resolved itself into Committee of the Whole the class already described, promised that his Department would on the state of the Union, (Mr. SPRINGER in the chair,) and proceeded '' present to the tribunal at Genova, to be taken into account in es- to the consideration of the bill (H. R. No. 3478) makin~ appropriations timating the sum to be paid to the United States, all claims growing for tbe current and contingent expenses of the Indtan Department out of the acts of the several vessels which have given rise to the and for fnlfillin&_ treaty stipulations with various Indian tribes for claims ~enerally known as the Alabama claims," and requested that the year ending June 30, 1877, and for other purposes. they nnght be presented in due time. Mr. RANDALL. I ask unanimous consent that the first reading of The claims were duly presented by our Government to the tribunal the bill be dispensed with. at Geneva, in accordance with the treaty of Washington. Through- There was no objection. out all t.he proceedings they were uniformly treated as the claims of The CHAIRMAN. The bill is now open for general debate. private parties, who on their part plac~d implicit, unquestioning trust and confidence in the due protection a.nd good fu.ithand integrity of the DISTiqBUTION OF GENEVA AWARD. Government. All doubt or question as to their rights or the disposal Mr. WARD. Mr. Chairman, before proceeding with the remarks of the funds is an after-thought, having no origin in the tribunal and which I propose upon the distribution of the award made by the contrary to its intentions and conclusions. I 3284 CONGRESSIONAL RECORD-HOUSE. MAY 23, In formally submitting its case to the trlbiinal, the Government of The principle of marine insurance requiring that the parties who the United States placed first in the general statement of the claims have paid t.he owners in full for their losses shall have whatever for which it asked reparation "the direct Josses growing out of the may be afterward recovered is seen, even on slight reflection, t o be destruction of vessels and their cargoes by the insurgent cruisers." founded on morality and justice. It resembles that involved where The other injuries for which compensn.tion was sought were- pa,yment of a note is guaranteed for a pecuniary considera.tion, and, t.he The national expenditure in the pursuit of those cruiser8; maker refusing to pay, the note is paid by the guarantor, but after- The loss in the transfer of the American commercial marine to the ward collected from the maker. Obviously the guarantor who hn.s British flag ; paid the owner in full is entitled to all that is recovered. The enhanced payments of insurance ; Or, to take an illustration yet more closely analogous to the case in The prolongation of the war, and the addition of a large sum to the point, a vessel fully insured does not arrive at the port when she cost of the war and the suppression of the rebellion. is expected. The parties who have agreed to pay for her in case of Great Britain objected to the presentation of the three latter classes loss honorably fulfill their engagement, and fully indemnify the own- of claims, and refused to proceed with the arbitration unless they were ers. Ultimately the vessel, having been detained by unforeseen withdrawn. The United States refused to Withdraw them. A failure causes, comes to port. To whom does she be1ong7 Manifestly not of the arbitration was imminent. At this crisis, the president of the to the original owners. They have boon paid, and in law and justice tribunal, on behalf of all the arbitrators, announced that they, after have transferred their claim to those who paid them. The risk has the most careful perusal of all that .had been said on the part of the been run, but there has been no loss. Yet further from all right Government of the United States in respect to these classes of claims, would it be for a.ny third party, even the United States, to step in had "arrived individually and collectively fltt the conclusion that and, by the power of force, give the vessel to ot,h er parties. these claims do not constitute, upon the principles of international We n.re not approaclting the subject 9f the disposal of the amount law applicable to such cases, good foundation for an award of com- paid to us A8 if the money were our own, to be given as we choose. pensation or computation of damages between nations, and should Two-thirds of it remain undistributed. It was awarded for specific upon snch principles be wholly excluded from the consideration of the purposes and for no others, and the money was paid t.o the Govern- tribunal in making its award." The United States authorized their ment of our country for parties whose claims were admitted to be agent to st.ate that they accepted this declaration as determinative just and who had confided them to the Government as its best and of the judgment of the arbitrators on the important question of pub- truest trustee. He law involved, and that these classes of claims might be excluded The bill reported by the majority of the Judiciary Committee makes from consideration in any award that might be made. provision for tl1ree chtsses of claims. It provides: Subsequently, by protocol Z7, dated August 29, 1872, a majority of That the first clnas shall be for claims directly resulting from damage done on the tribunal decided to reject the claims for expenditures incurred in the high se'\8 by confederate cruisers during the late rebellion, includmg vessels pursuit of the cruisers, on the ground that they were comprised in and cargoes attacked on tho high soo..s, although destroyed within four miles 'of the shore, except as provided for in section 11 of said chapter 459. The second the cost of the war. 'r class shall be for claims for tho payment of premiums for war risks, whether paid Thenceforth there T'emaine only for consideration by the tribunal to corporations, agents, or inntine Solferino of Baltimore, for demurrage, to the indirect or arbitrary procedure cannot fail to disgrace our country same committee. in the estimation of the whole civilized world. By Mr. HUNTON: The petition of Daniel Williamson, for compen- When Mr. WARD had proceeded a short time in the delivery of the sation as a guide for the United States Army, to the Committee on foregoing remMks, Military Affairs. Mr. McCRARY said: I raise the question of order whether it is in By Mr. KELLEY: . The petition of James Mendenhall, Job H. order to discuss the Geneva award upon the Indian appropriation bilL Jackson, and other citizens of Chester County, Penmylvania, for a The CHAIRMAN. It has been the custom in Committee of the commission of inquiry concerning the alcoholic liquor traffic, to the Whole to allow members, during the general debate, to take such Committee of Ways and Means. scope in the discussion as they might see proper. Also, the petition of D. C. Babcock, Richard Bedford, and other Mr. McCRARY. That, I believe, ha.s been by unanimous consent. citizens of Philadelphia, Pennsylvania, of similar import, to the same The CHAIRMAN. The Chair has heard no objection to the gen- committee. · tleman from New York [Mr. WARD] proceeding. By Mr. PAYNE: The petition of Harriet Beard, for indemnity for ·. Mr. McCRARY. I make the point of order that the Geneva award property taken by the United States troops in the war of 1812 from bill should not be discussed upon the Indian appropriation bill. a farm near the village oi Black Rock, New York, to the Committee The CHAIRMAN. The Chair thinks that it is too late at this time on War Claim.s: to raise that point. The gentleman has the floor and haa proceeded By Mr. SEELYE: Petitions for the acknowledgment of God and some time in his remarks. Christianity in the Constitution of the United States, signed by 1,707 Mr. WILSON, of Iowa. I submit, Mr. Chairman, that this point persons residing in the States of Vermont, New Hampshire, and cannot very well come too late, because it could not be raised until Massachusetts, to the Committee on the Judiciary. we had heard the tenor of the gentleman's remarks. By Mr. WALDRON: The petition of S. H. McCurd and 33 other Mr. McCRARY. I delayed making the point only long enough to soldiers of Manchester, Michigan, for the exten~ion of the provisions understand the subject upon which the gentleman was speaking. of the bounty-land act to soldiers and sailors of the Ia.te war, to the The CHAIRMAN. The Chair calls attention to a ruling on the Committee on Military Afl'airs. eighty-sixth page of the Digest: Also, the petition of M. E. Chittenden & Co., and others, of Adrian, It is too late to make the question of order that a member baa already spoken Michigan, against any change in the law regulating the manner of if no one claims the floor until he has made some progress in his speech. packing tobacco, to the Committee of Ways and Means. By analogy it is too Ia.te to make the point of order that a. gentle- man is not speaking to the question, when he has already delivered The following petition was presented at the Clerk's dosk, under the by consent a portion of his remarks. rule, without- having indorsed thereon the name of any member of Mr. McCRARY. It was impossible for us to know beforehand the House, and referred as stated: whether the ~entleman was going to discuss the bill or not. The petition of tobacco-dealers of Troy, New York, against any 'I'he CHAIRMAN. The gentleman stated at the commencement. of change in tht} law regulating the manner of packing tobacco, to the his remarks the subject he proposed to discuss. Com~ittee of Ways and Means. 3285 CONGRESSIONAL RECOR])-SENATE. MAY 24, IN SENATE. late private Company G, Third Regiment Iowa Cavalry Volunteers, the bounty to which he would have been entitled under the law if he WEDNESDAY, May 24, 1876. had been regularly mustered out and discharged with his regiment. Mr. EDMUNDS. What are the·facts in the case? Prayer by the Chaplain, Rev. BYRON SuNDERLAND, D. D. Mr. WRIGHT. With the indnlgenceof the Senate I will state the The Journa-l of yesterday's proceedings was·read and approved. facts in connection with this case. The father of this petitioner was PRESIDENTIAL APPROVALS. a resident of my county. He entered the Union service, aa did also A message from the President of the United States, by Mr. U. S. three of his sons, his eldest son James, and his twin sons Henry GRANT, jr., his Secretary, announced tha.t the President had, on the Clay and Theodore Frelinghuysen l\filler. The father was called 2:'.d instant,. approved and signed the following acts: home by reason of sickness, or rather a disease of his eyes. Some An act (S. No. 258) to :rmend the charter of the Capitol, North 0 six months after his return home he was suddenly killed by the run- Street and South Wa-shin~ton Rail way Company; ning away of his horses leaving a farm of some six or seven hundreOts in the midst of a. smiling garden, "waiting for the nse," and exhibiting, in dent to the completion of his title, beside-s his personal affidavit of high and bold relief, the miserable folly of prescribing an arbitrary minimum upon entry, proof by the testimony of two witnesses of his previous com- that article which is the gift of QQd to man, and which no parental government pliance with the .requirements of the law as to continued occupancy haa ever attempted to convert into a. source of revenue and an article of merchan- for five years. A.n.d this requisition as to testimony of witnesses is dise. unaccompanied by any compulsory process in favor of the settler GenernJ.Jackson, in his veto message of Mr. Clay's bill to distribute whereby he may force the atte.ndance of thea~ witnesses. The set- the revenue arising from the sale of the public lands among the States, tler, it is seen, is therefore liable to the extortionate demands of thes& supported Mr. Benton's views: witnesses as to the amount of pay tlJ,ey may receive for their services. I deceive myself ~atlyif the new States would find their interests promo-ted by And, indeed, he can have no witnesses at all unless they see proper such a system as thiS bill proposes. Their truo policy consists in the rapid settling vohmtarily to comply ~th his request to go and deliver their testi- and improvement of the waste lands within their limits. As a means of hasten- mony in his behalf. ing those events, they have long been looking_ to a. reduction in the price of pnblio This wholly unnecessary and costly requirement will deprive many lands upon the final payment of the national uebt. The effect of the proposed sys- tem would be to prevent that reduction. It is true the bill reserves to Congress of the poor who have made entries under said law of their homesteads, tho power to reduce the price; but the effect of its details, as now arranged, would and will appropriate their hard-earned improvements to the use of probably be forever to prevent its exercise. · some other more fortunate settler, while it debars them from ever With the just men who inhabit the new States it is a sufficient reason to reject this system that it is in violation of the fundamental laws of the R-epublic ancl it.s again acquiring a home under its provisions. Amend the homestead Constitution. But if it were a mel'e question of interest or expediency they would law as I have suggested, and you will give general relief to the poor still reject it. They -would not sell their bright prospect of increasing wealth and and enable tpem to acquire an interest in thQ soil. powing power at such a price. They would not place a sum of money to be paid But, Mr. Speaker, while Mr. Benton, General Jackson, and Mr. King mto their treasuries in com~etition with the settlement of their waste lands and the increase of their population. They would not consider a small or large annual advocated the policy of gratuitous grants to actual settlers, they never sum to be paid to their governments and immediately expended as an equivalent thought of tying .:up the public lands and holding them alone for ac- for that endurin~ wealth which is composed of :flocks and herds and cultivated tual settlers. The policy of these statesmen and of the democratic farms. No temptation will allure them from tlmt object of abiding interest, the party has ever been to donate homesteads to actual settlers and to settlement of their waste lands and the increaae of a hardy race of free citizens, tlieir glory in peaee aml their defense in war. sell at the minimum prices to such persons as desired to purchase. On the whole, I adhere to the opinion e~ressed by me in my annual message of To the gentleman from Indiana and his friend from Michigan [:Mr. 1832, that it is our 1·rue policy that the public lands shall cease as soon as practicable CONGER] belong the distinguished honor of originating the hoarding to be a source of revenue, except for the payment of those general charges which grow out of the acquisition of the lands, their survey and sale. I do not doubt policy. I refer both of these gentlemen to what the celebrated Ed- that it is tho real interest of each and all the Stntea in the Union, and particularly mund Burke said upon this subject near one hundred years ago, which of the new States, that the price of these lands shall be reduced and graduated, I have heretofore quoted. They will find the principles in political and that, after they have been offered for a certain number of years, the re1'use economy there expressed in relation to the public domain'' profoundly remaining unsold shall be abandoned to the States and the maehinery of our land sagacious in themselves, applicable to all sovereign landed posses- system entirely withdrawn. It cannot be supposed the compacts intended that the Unit-ed States shonld retain forever a title to lands within the States which are of sions, whether of kings or republics." no value, and no doubt is entertained that the general interest would be best pro· The question as to what is the best mode to dispose of the public rooted by surrendering such lands to the States. lands haa engaged the attention of the statesmen of our country from In 1832, 'William R. King, chairma-n of the Committee on Public an early day. There have been American statesmen of the highest Lands in the United States Senate, made n. report expressing the order of intellect who have advocated the policy of holding the pub- views of Mr. Benton, General Jackson, and the democratic party lic domain as a means of revenue, and among these was Mr. Clay. upon the subject of the disposal of the public domain : There have ~een others of equal ability who have held that the pub- The committee ventures to suggest that the view which the Committee on Man- lic lands shoUld not be held for any such purpose. The great and in- ufactures bas taken of the Fedecil domain is fundamentally erroneous; that it has corruptible statesman of the Hermitage, Andrew Jackson, recom- misconceived the true princi.J>les of national policy with respect to wild lands; mended in one of his annual messages to the Congress of the United and from this fundamental m1stake and radical misconception have resulted the States, when President, that the public lands, so soon as the revolu- great errors which pervade the whole structure of their report and bill. The Committee on Manufactures seem to eontemplatetheFederaldomainmerely tionary debt waa p'ttid, to which payment they had been pledged, should as an object of revenue, and to look for that revenue solely from tlle receivers of be turned over to the different States in which they might be located, the land offices, when the science of political economy has aaoertained such a fund to be disposed of as each of said States might deem best. This wa.s to be chiefly, if not exclusively, valuable under the aspect of population and culti- also, as you have seen from the quotation I have given you, Mr. Ben- vation, aml the eventual extraction of revenue from the people in its customary modes of taxes and impost-s. ton's view. Mr. Calhoun took a different view from both Mr. Clay The celebrated Edmund Burke is supposed to have expressed the sum-total of and General Jackson. Mr. Cla.y favored the sale by the United States political wisdom on this subject in his well-known propositions to convert the for- with a view to revenue and distribution among all t)le St.ates of the est lands of the British Crown into pri va.te property; and this committee, to spare proceeds of the sales. General Jackson favored the transfer to the tllemselves further ar~ent and to extinguish at once a. political fallacy which ou~bt not to have been broacbe(l in the nineteenth century, will make a brief quo- States in which the lands were located, to be disposed of for the use tation from the apooch of that eminent man: of the States selling the same. Mr. Calhoun favored the transfer to "The revenue to be derived from the sale of the forestlands will not be so consid- the States to sell for the use of the United States, giving such States erable as many have imagined, and I conceive it would be unwise to screw it up to such a percentage of the sales to re-imburse them for the expense of the the utmost or even to suffer bidders to enhance aceording to their eagerness the purchase of objects wherein the expense of that purchase may weaken the capital sales. Both Mr. Clay and Mr. Calhoun contemplated the Federal do- to be employed in their cultivation. * * * The principal revenue which I pro- main merely as an "Object of revenue, while General Jackson took the pose to draw from these uncultivated wastes is to spring from the improvement more comprehensive and statesman-like view of Edmund Burke and and cultivation of the kingdom, events infinitely moreadvant."'geous to the revenues of the Crown than the rents of the best landed estates which it can bold. * * * Thoma-s H. Benton, that the public domain was valuable exclusively It is thus that! would dispose of the unprofitable landed estates of the Crown, throw under the aspect of population and the "eventual extraction of reve- them into tht' mass of pnvate property, by which they will come through the course nue from its people in the customary modes of taxes and imposts." of circulation and through tho political secretions of the state into well-regulated The history of the country has completely vindicated the wisdom o~ revenue. * * * Thus woulu fall an expensive agency, with all the influence which attends it." the views of General Jackson, and demonstrated the fallacy of those This committee takes leave to say that the sentiments here expressed by Mr. of Mr. Clay and Mr. Calhoun. Burke are the inspirations of political wisdom; that their truth .md justice ha.ve The public lands have never been a source of revenue to the Gov- been tested in all ages and all countries, and particuJarly in our own age and in our ernment from sales. Alexander Hamilton in 1791, when Secretary of own country. the Treasury, made a report, carefully prepared, in which he clearly The graduation and pre-emption laws, all intended to secure homes showed that the public lands were of little value, not exceeding to the homeless and lands to the landless and in many particulars su- twenty cents per acre, and subsequent events have fully demonstrated perior and better adapted for the purpose intended than the present the correctness of that report. General Jackson in 1832, in a docu- homestead Jaw, were democratic measures and passed by democratic ment accompanying his veto message of Mr. Clay's bill heretofore votes. I desire to sa.y, Mr. Speaker, that I most cordially and heartily mentioned, shows that up to that time, instead of the public lands indorse all that Mr. Benton, General Jackson, and Mr. King said in yielding a revenue, the expenses exceeded the receipts by 1,314,656. the quotations I have given, and I think they point out the true policy I have not had time to examine the difierence between the receipts of the Government in the disposal of the public domain. I would and expenses in the General Lancl Office since 1832 to the present to-day vote to donate to every head of a family who does not own time, but have carefully reviewed the report of the Commissioner of land a homestead without requiring a five years' residence and cul- the General Land Office made for the fiscal year ending June 30, 1875, tivation. I would make a gratuitous grant of one hundred and sixty and I find that the estimates of expenses of said Office for the fiscal aores upon an affidavit that the entry is made fOJ: aotual settlement or year ending June 30, 1877, exceed the receipts of the fiscal year end- cultivation, and at the expiration of twelve months a patent should ing June 30, 1875, $392,458.75. The total estimates of the General issue without further proof, unless in the mean time some steps had Land Office for the fiscal year ending June 30, 1877, are $2,176,460; been taken to set aside the entry for fraud. total receipts from all sources, sales of lands, fiscal year ending June The present homestead law requires too much of the settler, and 30, 1875, $1,784,001.27; expenses in excess of receipt8, $392,458.73. should be ~.mended in many particulars. It professes to give a home Thus it will be seen that the public domain is a burden and an ex- to the homeless, yet it requires five years' service, and th(}n at the ex- pense upon the National Treasury. piration of five years proof by at least.two witnesses of a strict com- It seems to me if the public lands produce no revenue to the Gov- pliance with its terms, thus costing the poor man often from twenty- ernment, but are in fact an expense to the nation, that there can be five to one hundred dollars. This boasted beneficent so called poor no good reason assigned why the policy recommended by General man's law, which has been so highly extolled by the gentleman from Jackson, aM had been advocated by Thomas H. Benton, should not be 3290 CONGRESSIONAL RECORD-HOUSE. MAY 24, now adopted. There are many strong and cogent reasons why the But, Mr. Speaker, there are other interests of almost equal impor- General Government should transfer the waste and refuse public tance which I would not ignore. All political economists agree that lands to the respective States in which they may be located. If Ed- no country should depend alone upon its agriculture. The State in mund Burke expre sed the true science of political economy when he this Union which have the most diversified their industries have been recommended the conversion of the forest lands of the British Crown the most prosperous even in agriculture. I will illustrate this prop- into private property, by which he proposed to extract revenue by osition by using the States of Pennsylvania and Indiana. They have the improvement and cultivation of the same, then it see1.flS to .me about the same acreage devoted to agriculture, and Indianaha.s about that the best mode to accomplish that end in this country is to turn six thousand more persons engaged in agricultural pursuits than Penn- over all our public lands to the States to manage and control. The sylvania. But the farms of Pennsylvania are valued at over $387,000,- local authorities in each State would know more of t.he character of 000 more than those of Indiana, and the value of the annual product the pul>lic lands in such States and their adaptability for cultivation of the farms of Pennsylvania is over sixty-one millions in excess of or lumber or minirig than the central Government. Each State would those of Indiana. Why this great difference f It is not in the climate better understand the wants and interests of her citizens in relation or soil. ·The answer is, Pennsylvania has diversified her industries thereto than the Feder~l Government. Each State is anxious to in- fa.r more t.han Indiana. The former has over one hundred and sev- crease her population and wealth, and hence would offer every induce- enty-five different and _distinct industries, while .the latter has only ment for immigration. There would be no conflicting interests in. about forty-five. The former has over :37,000 manufacturing estab- her legislation in relation to the ~isposal of the public lands. Here lishments, employing over 319,000 persons therein, while Indiana ha.s iu the National Congress we h~ve conflicting interests to encounter only about ll,OOO,employing only about 5 ,000 persons therein. in its disposal. The old States have ever been jealous of the growth The products of Pennsylvania manufacturing establishments are of the new, and are disposed to clog their progress. The .iron interest over 711,000,000 annna.lly, while those of Indiana are but one hundrod of the North is not favorable to the development of a rival interest in and eight millions .. Alabama and other Southern States, and might not encourage the iron The Pennsylvania farmer finds a market alongside his farm for all men of Europe and elsewhere to invest in that section by a liberal do- his produce, wbile the Indiana farmer pays out one-ha.lf of the value nation of public lands. The coal interest of Indiana is av-erse to the of the products of his farm to drag them to a foreign market. developing of the five thousand square miles of superior bituminous If we should take the State of Georgia instead of Indiana, and coal of Alabama, and hence it is perhaps you find some of her Repre- compare it with the State of Pennsylvania, we would have a better sentatives favoring the hoarding of these lands by the Government, illustration of our proposition. The State of Georgia has five millions so that Indiana may have no rival-interest there. We have seen here of acres in cultivation in excess of Pennsylvania. 1:'he value of the upon this floor a gentleman from Michigan [Mr. CONGER] zealously farms of Pennsylvania is over nine hundred and forty-seven mill- and energetically opposing the opening up of a lumber interest in ions in excess of those of Georgia. The State of Georgia has en- Alabama, Mississippi, and Florida. We have heard that gentleman gaged in agricultural pursuits over 76,000 persons more than Penn- advo~ate the tying up of the fine forests of the South for governmental sylvania, while the value of the annual products of agriculture of pmposes, so that no lumber interest could spring up there in compe- Pennsylvania is over one hundred and three millions m excess of tition with that of Michigan. The gentleman from Indiana and the those of Georgia. Th., reason why the Pennsylvania farmer suc- gentleman from Michigan, though the professed enemies of monopo- ceeds so much better than the Georgia farmer is found in the fact lies, yet are the advocates of a measure, not so intended by them, but that Georgia ha-s but 3,836 manufacturing establishments, wbile Penn- which necessarily protects and fosters monopolies. sylvania has over 37,000; that Georgia has employed in these estab- Mr. Speaker, there are many other reasons why the public lands lishments only 17,000 persons, while Pennsylvania haa over 300,000. should be turned over to the States, but I have not the time now to Georgia produces from her manufactories annually only about 31,- discuss tho question further. I shall bring in a bill duricg this Con- 000,000, while·Pennsylvania derives over $700,000,000. The Georgia gress for that purpos~1 and will then seek an opportunity io discuss farmer, like the Indiana, seeks a foreign market, while Pennsylvania this question more fully. furuishes a home market for her farmer. The gentleman from Indiana and his friend from Michigan are ap- The American Industry, of May 6, says: prehensive that the public domain will soon pass into the hands of We are strongly of the opinion long since expressed by General Andrew Jack- speculators if the pre-emption :md all other laws authorizing the sale son that those laws which by protecting nativo industry establish the manufact- of the same otherwise than under the homestead be not repealed. ure by the side of tho farm are the only laws which will over do justice to the They tell us that our vast public domain is rapidly passing into the and American agriculturist. For by creating a home market they will secnre a full fair reward for his products. This they will do at his own door, instead of com- hands of private individuals, and at an early day the poor will not pelling him to expend more than one-half their value in dragging them overocea.us be able to acquire an interest . in the soil. These gentlemen surely to fill the coffers of the rich manufacturers and feed the pauper laborers of other have not investigated this question. Why, Mr. Speaker, there were lands. but 745,000 acr~ of public lands disposed of during the fiscal year The mining and manufacturing interests of this country must be ending June 30, 1875, by ordinary sales, and there are unsurveyed a.nd encouraged and fostered by friendly legislation, and it would be ex- unoffered of the public domain 1,154,471,762 acres. At the rate of the tremely unwise to reta1·d them by tying up pnb]ic lands which in Ala- ordinary sales at private entry and under the pre-emption law for bama and elsewhere are necessary for their success. The different the said fiscn.l year it will tn.ke fifteen hundred and forty-eight years and diversified industries of our country are so intimately connected to dispose of the public domain which is yet to be surveyed. Do and interwoven in interest that neither can prosper without the these gentlemen propose to tie up our public domain beyond fifteen other, and he is an unwise or unpatriotic legislator who would ele- .hundred yaars in order to give homesteads to the poor of that far-off vate and foster the one and depress :mel retard the other. I would generation f Fn.r better for the Government and the people if every carefully and assiduously nurse and guard every interest of our com- acre of our public domain was in the hands of private citizens, bear- mon country which promotes the general good. ing its proportions of the burdens of the Government, State and Fed- Mr. Speaker, I have wandered away from the bill before the Honse. eral. The policy of giving lands to the landless cannot be defended I desire to call the attention of the House more pa,r ticularly to the upon any other ground than tha.t it is better for the country that all bill now before us for our action. To understand the bill clearly and lands should be in the hands of private persons. It cannot be said intelligently it is nece.ssary t-o know the manner in which the public that it is the dutyofthe Government to furnish homes to any, whether lands are disposed of under the Revised Statutes. There are three rich or poor. Such a doctrine would inevitably lead to t.hat danger- separate and distinct modes by which the public domain may be dis- ous agrarian idea of division of all lands equally among the people; posed of under the general law. The first is under the homestead, of and if lands, then all other property. If it is the duty of Govern- which I have heretofore spoken. The second is under the pre-emption ment to furnish homes to its citizens, then it must continue to do so law. This authorizes any person twenty-one years of age, not being even when the public domain shall have been exhausted. When gen- a fente-C01Jert, and not owning as much as three hundrect and twenty tlemen adYocate the homestead policy upon any other basis than that acres of land, and who has settled upon and erected a dwelling upon which is expressed by Edmund Burke~ General J a.ckson, and Thomas the public lands, to enter not exceeding one hundJ:ed and sixty acres H. Benton, they are occupying a perilous position. upon making affidavit that such settlement and entry were not made Mr. Speaker, there is nothing more dangerous to the perpetuity of upon speculation but for the sole use of the person making such set- our republican form of government and our republican institutions tlement and entry, and that such person has not had previous thereto than this falla-cious, agrarian principle. I do not charge that either the benefit of pre-emption; and at the expiration of twelve months the gentleman from Indian~ or his friend from .Michigan has expressed a Jjatent is required to be issued upon the payment of the minimum :my such a doctrine, nor do I believe that either of them hold any priCe therefor. This act contains every safeguard against speculations such ideas. Government was never organized to feed, to clothe, and which is found in the boasted homestead law of the gentleman from to furnish homes and lands to its citizens, but simply to protect them Indi~na. It is as much an impossibility for Speculators to profit by in the enjoyment of life, liberty, and property, and the pursuit of the pre-emption law if it be enforced as under the homestead. The happiness. entry in the one is for actual settlement and cultivation as in the I favor the gratuitous grants of homesteads solely upon the idea of other. The amount is limited to one hundred and sixty acres in the increasing the wealth and strength of the nation by population, and one as in the other. If the entry is made not for actual settlement the products of the soil from cultivation. All that was said by the gen- and cultivation, but for speculation or for another p·erson, it is a fraud tleman from Indiana in praise of the farmers and the tillers of the soil upon law n.ud void in the one as the other. meets my hearty concurrence. They are an unmixed blessinO' to the The third mode is by private entry or public sale, paying the min- whole country, its glory in peace and its defense in war; and I would imum price therefor; and in this last case no limit is put upon the not favor any measure which would militate against their interest amount of lancl to be entered by auy one person. n the least degree. These are the tlu:oo modes and ouly manner !Jy which tho public 1876. CONGRESSIONAL RECORD-HOUSE. 3291 domain can be disposed of under the law. The minimum price of all coal lands, so long as they remain in the hands of Government, are lands save mineral is $1.25 per acre, being at least $1.05 per acre in totally valueless,. producing no revenue and adding nothing to the excess of their true value. The mineral lands are from $2.50 per acre prosperity and wealth of the country; but if sold to persons with cap- to $20. Lands lying within railroad grants are $2.50 per a.cre. ital sufficient to develop and mine them, they would add millions upon In 1866, when Alabama had no Representative upon this floor to millions to the material wealth of the nation, and would produce a look after her interest in national legislation, an act was passed with- revenue far in excess of all that we may ever reasonably hope to real- drawing all the public lands within said State and four other sooth- ize from the sale of all the vast public domain, and would furnish em- ern Stat-es named in said actfromsaleorentry,except under the pro- ployment to the many thousand poor laborers now out of work in the visions of the homestead law. When it passed this House it excluded North and East at remunerative wages. If this vast and extensive from the benefit of its provisions almost all the white population of coal-field was properly worked and developed, its value to the whole the States to which it applied, because it required every person desir- country could not be estimated. ing to make a homestead entry to take the ''iron-clad" oath, but that I believe, Mr. Speaker, that the development of the coal interest of oath was stricken out in the Senate. Pennsylvania has contributed more to her material prosperity than This act was passed ost.ensibly in the interest of a class of persons any other enterprise, unless it be that of her ~on, and that would not who had been held under the Constitution of the United States and have succeeded so well had it not been for her coal. Sho mines an- the laws of the land in a state of slavery, and who by divine Provi- nually of bituminous and anthracite coal over 25,000,000 tons, of the dence and the results of the late civil war had been liberated and value of over $60,000,000, and must give employment to over 60,000 made freemen. It was intended to secure cheap homes and lands to hands. With proper encouragement from the Federal Government this unfortunate class of persons, and I make no complaint against Alabama ought in a few years to rival this great State of Pennsyl- the republican party for having passed it, for I feel a deep sympathy vania in the production of coal. There is no good reason, if Congress for these persons, and would not for any consideration advance any will permit her, why Alabama should not derive a larger income from measure which would, in my opinion, he detrimental to them. The her coal-mines than :h-om her cotton-fields. These coal-fields lie equi- law has totally failed to secure the desired end. Though pa.ssed ten distant between two great rivers, the Alabama and Tennessee. The years ago, but few colored men in Alabama have secured homes and southern boundary extends to within thirty-five miles of the Alabama. lands under its provisions. The rea.son why they have not is obvious and the northern to within fifty miles of the Tennessee. The Ala- topersonsacqu:tinted with thepubliclands in Alabama. These lands bama empties into the Mobile Bay and the Tennessee into the Ohio, are too poor for a colored man to support· himself and family upon. thus giving to the Alabama coal cheap water transportation by He prefers working the rich cotton lands in the southern part of the the one to the Gulf and by the other to the great Mississippi Val- State. There are many acres of these lands in the mountain counties ley. of North Alabama, where the enterprising Europea.n would do well. The Warrior River extends through the very center of these coal- Some of these lands can be made very productive by proper fertiliza- fields, and is navigable for small steam boats to Tuscaloosa during the tion and cultivation. There every variety of grains and grasses tlour- winter and spring, and with a small expense could be made nav- ish, and all fruits known to the temperate zone grow abundantly. igable the year round; and hy the expenditure of about $1,000,000 it The climate is the finest on the continent; extreme heat and cold are could be made navigable for coal-barges to and through the center of unknown, the mean temperature being about sixty degrees, never this great coal-field, thus giving another outlet to the Gulf. It is higher than ninety-five nor lower than twenty; and that dreaded dis- therefore, seen. that the coal-fields of Alabama are as favorably located ease, the scourge of more northern climates, consumption, is an entire for cheap transportation as those of the State of Peunsylvania. And stranger. There, too, immigrants are most cordially invited, and will these coals can be mined cheaper than those of that State and are in be welcomed with open arms and hearts. many respects equal, if not superior, to tho Pennsylvania and·West But w hlle this is true as to a portion of the public lands in Alabama, Virginia coals. In support of this proposition I desire to call the at- it is equally true that the great bulk of these lands are pine forests, tention of the House to a report made by Mr. Richard P. Rothwell, too poor for cultivation, and coal lands which cannot be entered and after a careful survey of a portion of the coal-fields of Alabama, utilized under the provisions of the homestead law, and will there re- which was read before a meeting of the American Institute of Mining main a dwelling-place and shelter for wild beasts, wholly worthless Engineers at Easton, Pennsylvania, in October, 1873. I would like f01·ever, unless Congress repeals the act prohibiting the sale ofthe same. very much to give this able and interesting report in full, but its There·are over five thousand square miles of superior bituminous coal great length forbids my doing so, and I shall only detain the House lands in Alabama, a large proportion of which is now vacant. These with a few quotations: Cahaba coal.s.-R. P. RoTHWELL. II) II) II) ·~ II) ·~ $ ~0 W'(;1 ...,.§ co.£~ ........... .,....o~-< CHci!CD CHOOO oos o.~~ § .... 0 ~~~ ~~~ ci!CH 0 do you ca.n exclude t.he fifth poll of mere fact that because the commissioners could have done so if they Concordia Parish. wished, and that that raises t.he presumption that they actua.lly did IV-207 . 3298 CONGRESS!ONAL ~.ECORD-HOUSE. MAY 24, commit fraud. It is a monstrous ·doctrine, and if adopted by the that it was Mr. Morey's partisan friends. They certainly did not act Honse I tell gentlemen the time may come in the near future when like partisan friencls of Mr. Morey. But whether money or other a simple majority in the House at a time when the presidential elec- means were used to corrupt this county clerk, the depositary of the tion is about to occur, believing or suspecting the election may be returns of election, we are left simply to conjecture; there is no evi- thrown into the House and desiring to have the control of the conn- dence upon this point. . · try, may, upon a frivolous pretext, encourage and invite men to make Now, sir, there were some of the directory provisions of the law contests, and being governed by the precedents you are now asked violated in Carroll Parish, and my remarks in reference to Concordia toe tablish, go on unseating members until they have possession of Parish on that point apply equally to Carroll Parish. I will first con- the entire House, and by that process defeat the will and wishes of sider poll No. 1. What are the facts in connection with this poll the people and usurp a power that does not belong to them. I say First, we find that when the evidence was being taken in thi ca e, there is danger in going out of the well-marked paths which have on an examination in the clerk's office no returns were found ; the been established by our predecessors, and when I make that remark I ballot.s had been taken away or destroyed. The election law of Louisi- m:1ke it after having examined every case which has been decided ana requires that the ballot-boxes containin(J' the ballots shall be in this Honse, as seen by the print·ed reports which are of easy refer- placed in the custody of the county clerk with the return and kept ence, and I defy any member to produce a single instance where this by him until the :first term of the district court of the parish. Were House ever held that a precinct or poll is to be rejected for mere in- the ballots and returns so deposited and kept f The only witness formality in the absence of fraud, if the actual truth can be ascer- that testifies on this subject is one Galbraith. Gnlbmith says that no tained. returns were ever deposited in the county cJerk's office. He says that I qnote again from McCrary in his Election Law: he was deputy clerk and bad full control and custody of the office, It is mainly with reference to these two result.s that the rules for conducting and he knows no returns were deposited. Well, now, let us see how elections are prescribed by legislative power. To hold that these rules are man- that was. This Galbraith seems to be an interesting man; he is cer- datory is t~ subordinate the substance to the form, the end to the means. (Page tainly a remarkable man. He testified that there were no returns on 200.) :file in the clerk's office frqm any poll in the parish, and right in the Further on the same author says : very face of that statement here stands out in bold relief a copy of Bear in mind that irregularities are generally to be disregarded. the return for polll of Carroll Parish, certified to by this i(entical Does the majority complained of affect or change the result f Is it Galbraith as a correct copy of the original return on file in the clerk's so claimed by Spencer in his notice of contest? And has he offered office. any evidence to show that he was defrauded of a single vote f Does Further on Mr. Jackson and the other commissioners of election, he offer any evidence that be would have received a greater vote democrats and republicans, all testify t.hat they deposited the return than he actually 1·eceived by the returns if the box had not been re- and the ballots in accordance with law in the clerk's office of the moved T parish, thus directly and positively contradicting this man Galbraith. No, sir; ho does not claim this in his notice. Not one word of evi- I will not stop to find this evidence ; if gentlemen will examine the dence does be offer upon the subject, but be stands alone upon the record they will :find thi& testimony given precisely as I have stated mere technicality that a directory provision of the law was violated it. Galbraith's statement is contradicted by every one of the com- by the commissioners, and that npon this the House should allow him missioners, Jackson, Spann, and Rhodes. They testified that they 560 Yotes that he did not receive, and give him a seat to which he no- deposited the return-where f In the clerk's office. The return is where conte:1ds he was elected, except on account of irregularities in produced, and the certificate of Galbraith is upon that return. He is the conduct of the officers holding the election. thus contra-examined by contestee : sult was to be declared," (ih8;) and it was said in Peo.Ple vs. Cook, 14 Barbour, 257, Q. Did yon hear one man cry out, "0, Jackson, greenbacks;" and who was that and 8 N'?w York,67, "that any irregularity in condnctin~ an election which does man ~ not depr1ve a leg11l voter of h1s vote, or admit a disqualified voter to vote, or cast A. I did hear a man so cry out, but do not know the man. uncertainty on the result, and has not been occasioned by the agency of a party Q. What kind of a looking man was he~ seeking to derive a benefit from it, should be overlooked in a. proceeding to try A. He was a black man; but I did not J:tOtice his featurea. the rignt to an office depending on such ele~tion. This rule is an eminently Q. Was he a tall man~ prope~ one, aJ?.d it furnishes a very satisfactory test as to what is essential and what A. He was about the common height. . 18 not m election laws. And when a party contests an election on the ground of Q. Was he an old man 1 these or any similar irregularities, he ought to aver and be able to show that the A. No, sir. result was affected by them." (Cooley's Constitutional Limitations, page 619; 13 Q. Did yon notice particularly his age7 Annual, 175.) A. He looked quite young to me. Q. Was he a fat man 7 Nowhere has the contestant introduced a single word of evidence A. No, sir; hedidn'tlookveryfat. tending to show that a single voter was deprived of his right to vote Q. Was he a well-dressed man i on account of the ballot-box bein~ removed from the door to the A. He looked to me to be poorly dressed. window. On the contrary, every Witness called both by the cont.est- Q. How far were l.on from him. when he cried out, "0, Jackson greenbacks¥" A. About ten fee . ant and the contestee says that it was a free, fair, and full election. I Q. Did he cry it out more than once f defy the majority of the committee to find one word of evidence in A. No, sir. the whole record contradicting the a~sertions I make, that every wit- Q. Can yon read 7 ness produced by the contestant and contestee testified to the fact A. A little; coarse reading. Q. Or write' that the election was full, fair, and free, and that no man was de- A. I .can scratch a little. prived of his vote on account of the ballot-box being J'emoved from Q. Are you a short man 7 the door to the window. A. I sm about 5 feet 21 inches. But there is one other objection urged against this poll, that there Q.. When Lane helped yon to put up your ballot, did he lift yon off the ground, or ilid he stretch yon up by assisting yon by one arm ¥ are no returns. My friend makes a nil stake, if I understand him rightly, when he says that there were no returns. The fact is that A. He assisted me by lifting one arm, I at the same time helping myself up against tho side of the house. there is a return and it is proven by the commissioner. A man who Q. Was there a pretty large crowd present when yon got to the polls¥ was a commissioner at poll No. 2 was called and questioned as to the A. Yes, sir; a pretty large crowd. Q. Did they all vote before yon came away~ return of poll No.1. He said that he had that return, and when asked A. No, sir; I left them voting. to produce it he produced it, and it is now here in evidence. What Q. How many do yon think voted while you were there! more! He was asked where he got that return, and he said that he A. There was a pretty large crowd, but I cannot tell how many voted while I obtained it from the county clerk's office, and there is the signature was there. of the deputy county clerk (Galbraith) to it, as I stated once before, ClESAR JOHNSON. Sworn to and snbsc1ibed before me this 7th day of May, 1875. showing that the return had been deposited in that office. S. DUNCAN GLENN, But, say the majority of the committee, this return cannot be re- Notary Public. ceived because it does not come from the clerk himself. The con- Here is Cresar Johnson's testimony, and he was the only witness out testee called upon the commissioners, and they, democrat, republican, of twenty-three called from that poll, and every one of the others tes- and liberal, swore that it was a conect return, that it was the origi- tified that they never observed anything of the kind. nal return, and that it bad their signatures to it, anu that it contained Now, that is the only evidence of this greenback business, and I a correct statement of the votes cast at this poll. Now I ask you in now come to the testimony as to the box being removed to the win- the n::tme of common justice if this Honse js wi1ling, because a thief dow. My associates on t.he committee on the other side of the Honse breaks into a clerk's office and ate.a ls a return, anu it is afterward re- laid great stress upon the fact that n.t this precinct they voted at a covered, identified, and sworn to by the men who made it, is this window some six feet from the ground. Now, what was the fact f House willing to reject that return and seat a man upon such tech- The fact is that the election was held at au old log cabin, and that nical grounds f when the voting commenced the bo:x was placed at the door of the These are facts proven by the record. I hold here in my hand the cabin, where there were strips nailed across the door. The crowd return as sworn to by the democratic and rc.pnblica.n commissioners. W::tS so great about the doors that they broke down the barriers, and They swear that they made out the return and that it is correct. / wllen the barriers failed to keep the voting-place clear they removed Tlli1t return gives Mr. Morey 569votes and .Mr. Spencer 3:3 votes. We the box from the door and put it at a window, and the testimony have here the identical, original return made by the commissioners, shows that there was not a single witness who w::tS debarred from and although it was stolen from the clerk'R office, it was afterward voting on account of this removal of the bn1lot-box; but further, it recovered and identified, and it become:s evidence until impeached. is observed that the winuow was five or six feet from the ground, and Now is there any evidence impeaching that return J Not one word. that some of the voters voted by placing their ballots on sticks and Nor is there a particle of evidence showing that there were more handing them uv. Well, some of the voters who were in line did votes retmned than were cast at that poll u.nd counted. On the other place their ballots on sticks, nndouhteuly in order to vote without hand, there are witnesses called by the contestant and contestee who waiting to reach the window in their turn, and they were received. swear that these votes were accurately returned. One man swears There was a llemocratic commissioner present, and nobody urged a · that he kept a memorandum of the votes cast, and it compares ex- aingle ohject.ion, anllno objection was made to that proceeding until actly with the return. He wa~ a democrat, aml certainly his evi- 3300 CONGRESSIONAL RECORD-HOUSE. MAY 24, dence ought to be good with the other side of the House. He is asked vacant or award it to another party. This House, t.hen, will, if pos- if he observed the counting of the votes and if he could tell how sible, go behind the returns, and by any proper evidence which may many votes were received. He says that to the best of his memory be presenteu aRcertain what that vote was. Does the contestee pro- and belief there were so many votes received, and he gives the iden- duce such evidenco f He ppointed, supposing I had the right to do it. I knew nothing about the correct- evidence in regard to poll No. 4 is identical with the evidence a.s to ness of the statements I got from the deputies. poll No.3. They reject polls Nos. 1, 2, anq 3, and then they agree to I could read from five or six other witnesses, commissioners, offi- count polls Nos. 4 and 5. And I defy the majority of the committee cers who kept the tally, men about the polls, confirming this proof to show a particle of evidence in reference to polls Nos. 4 or 5 of a of Blount and Lanier and Dickey; but I have read enough to show different character from that bearing upon polls Nos. 1, 2, and 3. It to the House that the point made by the minority is made good. We cannot be found. I cannot be contradicted in that assertion. have proved by the commiBsioners the contents of the returns; that, Well, sir, by counting polls Nos. 4 and 5 Carroll Parish, and ex- it having been shown the returns were lost, we have proved their cluding poll No. 5 Concordia, and polls Nos. 1, 2, and 3 of Carroll, it contents by the officer who made them, and therefore this House is will have the same result as it would if polls Nos. 4 and 5 were ex- obliged to receive them. cluded. That is the conclusion thev arrive at. But the committee It is stated there is a discrepancy in the evidence; that some say actually count polls Nos. 4 and 5; and the evidence in regard to polls there was a larger vote cast for Morey and others a less vote. Now, Nos. 4 and 5 is identical with the evidence inre~ard to pollsNos. 1, 2, it is but equitable and just we should take the least number testified and 3. If, however, the committee had agree3) says: "One of the most important ~nd But suppose it were a tribunal which commanded that reverence imperative requirements of the law of election is that the ballots from the time and respect which ought to attach to so high a tribunal, could its ered to the clerk then the voters may be called. By substitution of law their testi- of the court. I went to Providence on Wednesday, and, with the other commis- sioners, recounted the votes. Finrling them to con-espourl with the tally-sheets, we mony then has become secondary, though in a contest the returns made np the returns and signed them, and swore to thP-ir corTectness. would be obliged to yield to the oaths of the voters. In the second ward of Carroll, the returns, the ballots, the tally-sheets were all gone. Again he says: Who stole them it is impossible to say. The evidence shows that the inIpossessionwa-s not constantly with it. I saw the box in Providence on Tuesday evening, of the republican deputy United States supervisor and Mr. Anderson. crime of the theft and dest.ruction of these evidences of election lies They took the box out of Providence that evening. I do not know of my own between. Mr. W. W. Benham, David Jackson, and R. K. Anderson, all knowledge where they took it. · three of whom are the zealous partisans and chief w.itnesses of the Question. Why were you not with that box all the time 1 Answer. We, the commissioners, agreed sitting member. To supply the place of this testimony he introduces United States supervisor to bring to Providence. This into put the box the hands of the said arrangement was made and swears this man Benham, whose lips are blistered and whose for our mutual convenience. tongue is poison-dripping with perjury. Benham comes and swears Q. In making your tally-list did you verify it by the votes themselves¥ that the returns of ward No. 2 were regularly made out and then A. I did not. summons his recollection and tells us what these returns were. Can In regard to these returns Mr. Arroyo swears : such proof be received f Will this House accept this a-s legitimate Question. The board did so recognize these returns as forgeries 9 secondary proof f Will it open this door to fraud and crime f If so, Answer. That is, there were affidavits read before the board by these three gen. then how easy for corrupt returning officers to destroy returns and tlemen stating the actual number of votes cast in their respeeti ve polls, and if there was any other statement it wa-s false and their signatures to such statement then substitute their false oaths, and transfer to the fell spirit of per- forgeries. jury the power to elect. Mr. Zachariah also testifies : Mr. MOREY. I wish to a-sk the gentleman, if he holds that, where a paper has been made out and sworn to, if the evidence of the man toMr. Bagley made a subsequent affidavit, in which he alleged tha.t what purported be the coiTect returns from that poll wa-s a forgery, in two respects: First, the making it as to its contents is not primary and the evidence of the si~ature purporting to be his was not his signature, and, secondly, that the true, voter is Iiot secondary f onginal tally-sheet had been made out in rea ink, whereas that shown the board Mr. ELLIS. Do you mean by" a paper': an election return f was made out in black ink, showing conclusively that Mr. Bagley made two afii.. :Mr. MOREY. W. W. Benham swears hP. made the return, and the davim. return is proven to be lost-no matter how or by whom it was Under such proof and the plain provisions of the law already cited lost; it is lost and cannot be found. Now we call Benham, one of the evidence as to the returns from poll 3 must be rejected. the commissioners who made the return, to prove its contents. Does But Mr. R. K.Anderson does noteven swear as to what the returns the gentleman call that secondary evidence t were. He wanders off into the mazes of a somewhat treacherous Mr. ELLIS. Undoubtedly it is the proof by parol of the contents memory, and ·gives us "his recollection" of the respective votes of of n. document shown to be lost. But in this ca.se, under the well- contestee and contestant. He says: settled rules of election contests, the voters themselves should have My recollection is that there were 550 votes cast in an. There were 7 votes cast been called. The evidence of Benham is not secondary; it is tertiary for Spencer, 2 blank as to member of Congress, and the balance for Morey. in its character. You have utterly failed to supply by the best evi- Mr. .Arroyo says that" the recollection" of another witness, who dence the loss or theft of the returns ; and I interpose the legal ob- was also a commissioner, gave Morey 510 votes and Spencer 7. Here jection and insist that Benham's evidence be excluded. But grant is a discrepancy in the "recollections" of two witnesses of 31 votes, that this evidence would be legitimate and regula-r and waive for the enough to turn the tide of many an election. I recall this fact merely moment every objection as to its admissibility, can you believe Ben- to illustrate the great danger of a-ccepting such testimony, that this ham 7 He swea1·s that the returns were .fully and properly made ; Honse may be warned against setting a precedent which is fraught but Montgomery, who was one of the commissioners at poll No.2, with so much danger to the truth and purity of elections. swears he signed no returns. Blount also proves that he did not. Mr. Speaker, I have but to add that, excluding the fifth poll of Con- Arroyo swore and so did Montgomery that the signature of the latter cordia Parish, contestant is yet elected by 1,396 majority. But if the to the returns before the returning board was false and forged. Who House fails to regard the election at that poll in the clear light in committed the forgery f Benham admits that he placed those re- which it appears to me, and admits it, then is contestant still elected by turns, shown to be false and forged, and so admitted by this unwil- nearly one thousand majority. I ask this House to sustain the ma- ling returning board. The brother of Benham was detected some jority report and to admit the chosen Representative of a people al- time after the election in a house on Jackson street, three miles from ready too long disfranchised to his right to a seat on this floor. And the State-house, with the lists and returns before him, which he was I thank the House for its attention. manipulating. W. W. Benham and C. C. Benham are the forgers and Mr. DE BOLT. Mr. Speaker, in the investigation of this ca e I perpetra.tors of this stupendous fraud. · endeavored to give it a careful and impartial consideration. I have Mr. MOREY. There is nothing of that sort in the record. found nothing in the evidence that attaches blame directly or inui- Mr. ELLIS. Is there not' rectly to the contestee; nothing in the testimony which connects h.im Mr. MOREY. No, it was all excluded. in any manner in any of the frauds which appear in the evidence. In Mr. ELLIS. Mr. Speaker, I ask pardon for going out of the record. the discussion of the case I shall take up the matter as presented in I did so unwittingly. But I will sa.y in justice to myself that, the report, commencing with the fifth ward of Concordia Parish. whether in or out of the record, what I sta.tetl was true, because The law requiring the commissioners of the election to count the I was one among those who heard of C. C. Benham's operations, and ballots at the place where the election was held has already been was consulted as to the best means of detecting and punishiJJg him presented to the House, and therefore I shall not read it; but instead for bis fraud upon the returns. Under the well-settled rule of law of complying with the law, when the polls were closed the commis- which I cited from McCrary, this man W. \V. Benham, convicted of sioners proceeded with t.he ballot-box to the county seat, somo six- perjury and forgery, detected in a deliberate fraud upon the election, teen miles distant, where they counted the votes. It has beenstateu, has destroyed all faith in his official acts and character, has vitiated aml most of the gent.lemen's arguments were confined to. tbn,t one a.ll the !3Viqep.pe& of thls election, and this House cannot believe b.is point1 thq,t flo ruajoritr Of ~he CQmm.ittee 4old that ~hat JlOll sho~lq 1876. CONGRESSIONAL RECORD-HOUSE. 3307 not be counted, from the single fact that the ballot-box had been re- tention of the Honse for a moment to another matter which has not moved from the placi where the ballots were ca-st. .My friend from been mentioned; and I wondered that my friend from Mississippi '1\Iississippi could have saved much time and labor by rea-ding there- [Mr. WELLS] did not notice it, because upon that particular I for one port of the majority of the committee. They do I!Ot hold, nor do I hold that that poll should not be counted. When the ballots were think anymemberof the House believes, that the removal of the ballot- being received in the morning the box was placed near the door; bnt box before counting the vote wa-s in hself such an irregularity as to the rush of the crowd broke do~ the slats in the door, and then the vitiate the poll; but there are other irregularities which, when taken box was removed to a window. David Jackson, the county clerk, together, are suffiuient to warrant the throwing out of the entire and one of the commissioners, too, says that he set the box near the poll. There is no evidence that any fraud was committed by the window. l\Ir. Burton says that it was set at ,least two feet from the commissioners or that they intended any fraud in the removing of window for a while; but persons ran their hands too far through, and the box. But when they proceeded to count the ballots they called then the commissioners moved it back at least four feet from the upon by-standers, idlers, men who were unsworn-we know not who window. The window was six feet from the ground. The witnesses they were-and so far as our knowledge extends they may have been differ one or two inches as to the height; but in general the evidence wholly irresponsible. These men are called upon to keep the tally- shows it to have been about six feet. That perhaps is not an irreg- lists. ularity sufficient to vitiate this poll. But this same man, Mr. Bur-· One of the commissioners, Mr. Dameron, .swears that it was kept ton, who was a pandidate-my friend says that there are not demo- under the supervision of the commissioners. I admit that, for such crats enough in that county to be candidates, therefore he must is the evidence. But let us examine how these votes were counted have been a republican candidate-swears that he saw David Jack- out. The evidence shows that one of the judges took the votes out son, a republican commissioner, changing ballots after they hatl been of the box and called off the names, passed them to another who strung received from the voters, throwing upon the floor the ballots re- them, and when counted the ballots are to be placed in the box and ceived, and putting into the box other ballots. I will read the evi- delivered to the clerk of the court. dence: Now, how much attention could the commissioners possibly have Question. How many did you see Mr. Jackson change~ given to the tally-keepers t Suppose that they are at a table two Answer. I sa.w him change but one; but I sa.w .another one just like it lying and a half or three feet wide; the tally-keepers on one side and the .floor, on the floor. Then he tried to bluff me ont of it, but I showed him the one on the and he said, "Well, that will make no difference." . judges of the election on the other. How much attention can the judges of the election pay to the tally-keepers when they are them- I will read what Mr. McCrary says in his work on the Law of Elec- selves busily engaged with the ballots f These men who were un- tions in reg'1rd to tho fraud of an officer : sworn may have been interested in the result of the election, and no If an offioor of the election is detected in a. willful and deliberate fraud upon the doubt they were. They could have committed many errors by plac- acts, ballot-box, the better opinion is that this will destroy the inteJlt 1i9 call the at- member in his seat who claims his election upon such papers. 3308 CONGRESSIONAL REOORD-HOUSE. MAY 24, Again: . . Mr. MOI!EY. The gentleman ~aid that Bagley states that ~e.did Q. Do you know that the returns which wore before the returnmg board differed not make tbe a.ffidavit that I received 510 votes. In the affidaVIt JUSt from the· returns whicb you signed in respect to the votes for member of Congress¥ read he does not make that statement. It is not in the record. (This question i objected to by contestant on the grounds that the returns them- Mr. HOUSE. If my colleague will allow me, Bagley states thi .: sol\CS would be the best evidence of the matter inquired of.) A. I know that they did differ. That he does not remember whether in making the affidavit before This \7ery man Benham is deputy clerk to this man Lackey, who is the State board at New Orleans he stated the munber of votes or not. the connty supervisor. He is the man who took the ballots out of Mr. MOREY. But he thinks he did. the box and called out the names. When he is asked whether ~e Mr. HOUSE. I do not know whether he thinks he did; but he called them correctly lie says he did, and that Blount stood over hrm does not know whether he did or not. Arroyo says he made the to see whether he called them correctly. When we turn to Blount's affidavit. But there is no such affidavit of Bagley produced here at testimony we find that he did stand ov~r him a littl~ while and then all; and the only evidence t~;tat Bagley ever. ~ade such an a~davit went ont of the room paying no particular attention to what was is that AIToyo says that he did. The affidaVIt IS ~ot p~oduced m tho going on. We are a,gked to put confidence in returns when we find record here at all, and consequently could not be m eVIdence for any this man Benham, who forged them, calling the names from the bal- one. lots for the tally-keepers, and those tally-keep~rs t.bemselves not Mr. MOREY. Now, I will ask the gentleman if Arroyo's protest, sworn. Here we find a man guilty of forgery callrng names fr:om the on which is based the throwing out of this return by the returning ballots, and then we find unsworn idlers and by-standers ke~prng the board does not recite that Bagley did make an affidavit and impeach tally. I ask candidly whether con~dence sho_uld be placed _m papers the cdrrectness of the returns by showing that the return was not in coming from. such men T I am statrng the evtdence JUSt as It appears accordance with the facts, and that the fact wa that I got 510votes in the record and there is no contradiction of it anywhere. and Spencer got 7. Is not that recited in Arroyo's protest f Again tbe~e returns nowhere can bA found in the clerk's office of Mr. DE BOLT. Are you through the co~ty. Where are they T Who spirited them awa~ f . Mr. Gal- Mr. MOREY. I am through. braith, the deputy clerk of the county, swears he w~s prrnmpal cle1~k .Mr. DE BOLT. It is just what I said before precisely. I said _th~t and as such had in his charge the papers of the office. Then be IS Arroyo in his prot-est stated that Bagley had made an affidavit m asked whether any such papers had been placed in his office. Here which he had stated that the votes were 510 for Morey. is his answer : ~fr. BAlCER, of Indiana. Will the gentleman yield to mo for a. moment¥ There have been none except a. ta_lly-sheet handed me by the commissioner of ~be first ward, which tally-sheet was afterward taken out of my office and camed Mr. DE BOLT. No, sir. I do not wish to be interrupted in my away. statement now. But Mr. Arroyo's stat-ement is not evi the Govern~ent has.n.otexceeded one mill upon tb~ dolla:r of Its receipts, and that Its a,bohtion or the proposed legis- for the destruction of property by the United States Army1 to the Committee on War Claims. lation will augment the expense. I beg to call the attention of the ~o~orable Senator from Ohio [Mr. SHERMAN] to this memorial, as it . By Mr. SE~LYE: ~esolutions of the Ameri?a.n Meteorological So- IS signed by gentlemen whom he knows and in whom he confides and Clety, for an mteruat10nal conference to establish a common 1mit for the money of account and coinage, to the Committee on Coinage t.hei.: statement ~akes on me the impression that it is worthy of at- Weights, and Measures. tentiOn. I move Its reference to the Committee on Finance. ' By Mr. SINGLETON: The petition of R. H. Bustin, of Scott County, The motion was agreed to. Mississippi, for compensation for property taken by the United States Mr. DAVIS. I present a statement from the Post-Office Depart- Army in 1864, to the Committee on War Claims. ment, in regard to the number and comparison of employes a.nd ex- penses. It is short, and I move that it be printed and referred to the Also, the petition of Dr. J. C. Dawson, of Scott County, Mississippi1 of similar import, to the same committee. Committee on Appropriations. The motion was agreed to. Al.so,. the. petition of JoeL. Denso?-J of Scott County, Mississippi, of sliD.llar rmport, to the same committee. · . Mr. CAMER.ON, of Wisc~msin, presented additiona,l papers in rela- tiOn to the clarm of the herrs of the late William K. Sebastian for the By Mr. WIKE: The petition of citizens of Quincy, Illinois, for the repeal of the stamp-tax on safety-matches, to the Committee of Ways pay, perquisites, and emoluments of which he was deprived by being and Means. expelled from the Senate; which were referred to the Committee on By Mr. A. S. WILLIAMS: Memorial of .Charles M. Scott, of Saint Privileges and Elections, and ordered to be printed. Louis, Missouri, protesting against the payment of the claim of Miss Mr. SARGEN_T. I ~ave in my band and beg leave to present a let- .Anna Ella Carroll, for alleged valuable information furnished the ter from the ch1ef engmeer in charge of the underground work of the Government in 1861 respecting the military line of the Tennessee Senate, discussing the question of the present Senate floor and show- River, and asking for an examination and allowance of his own claim ing that, on acc.ount of some pecu~a~ties of it, it tends td the injury ~s oris~nal inventor of the steamboat signal system and of the pilot of hea.l th resulting from bad ventilation, &c.; and accompanying the uon sn1elds used on Government transports during the late war to le~ter is a plan for au imp~ovement ~ these respects. I move that the Committee on Military Affairs. this letter and the plan which I hold m my hand be referred 'vithout ' printing, t? the Committee on Public Buildings and Grounds. The motiOn was agreed to. The following petition was presented at the Clerk's desk under the Mr. HAMILTON. I present the memorial of the Creek Nation of rule, without having indorsed thereon the name of any member of the Indians, a delegation of which is now in the city of Washington in House, and referred as stated : relation to the funds due the Creek orphans under the treaty of IS32 The petition of Simson Reinhard, foi' a pension, to the Committee and the act of March 3, 1837; and inasmuch as they have no repre- on Invalid Pensions. sentation upon the· floor of the Senate, I aak that the memorial be read at length. The PRESIDENT pro tempore. The memorial will be I'ead if there be no objection. The Chief Clerk read as follows: IN SENATE. To the honorable the Congress of the United States : THURSDAY, May 25, 1876. . The undersigned, duly accredited representatives of the Creek Nation of In- dians, respectfully beg leave to call the attention of your honorable body to the Prayer by the Chaplain, Rev. BYRON SUNDEULAND, D. D. funds due certain individual members of the said Creek Nation known as the "Creek orphans." The Journal of yesterday's proceedings was read and approved. . The hiswry and merits of this matter are fully set forth and discussed in Execu- tive DocwnentNo. 246, F?rty-thlr~ Congress, sec~nd session, heretofore :filed before EXTENSION OF LEGISLA.TIYE SESSION. your honorable body, coplts of which are hereWith transmitted By reference to the documents or ~~ciai d.ata alluded to, the claim of the said Cr~ek orphans will be Th~ PRES!D~ pro ten-1-pote. If there is no objection the order found to b.e a~ iniliVldual u;u;~ead of a national character, and to consist chiefly of for tnal sessiOn will be suspended temporarily for the purpose of re- the followmg Items, and ongmally due under treaty stipulations: · ceiving morning legislative business. . 1. The sum of $74,300 to re-imburse the said orphans in the value of certain depre- Ciated bonds purcha ed by your Government in contravention w law with moneys PRESIDENTIAL APPROVALS. (gold) belongmg to said orphans. 2. The sum. of 16~,956.29 to re·imburse said orphans in that amount (gold) taken A message from the President of the United States, by Mr. C. C. fron;t them without authority of law and applied to general purposes of the Creek SNIFFEN, one of his secretaries, announced that the President had on Nation. the 24th instant approved and signed the following acts : 3. The sum of 106,i99.68 w re-imburse said orphans in that amount (goIll ) whlob was taken from t,hem by your Government without authority of Ia.:V and' applied .An act (S. No. 199) for the relief of the estate of.the late paymaster to~ the support of loyal refugees of the Creek Nation, aggregating the sum of MaJor JohnS. Walker, United States Army; and $251,055.!>7. An act (S. No .. 153) to grant the right of way for railroad purposes A list of the names of these claimants is registered in the Interior Departlllent through the Umted States arsenal grounds near Benicia, California. and the funds claime~ are in. no sense a ~ratuity from your Governm ent, bec;•.us~ they emb1·ace anunprud remamderthatorunnate-nne, hn.s rendered a~icnltnre prosperous, largely augmented rent, >aRt.1y cx- tenrled ma-nufactures ana employment, mcren.sed the wages of labor i and while se- furt.her increa"3e the balunce of trade against us, it may be well to curing the collection of an inct·eased revenue, has by improving the value of prop- ca,U attention to the fact that in that year (1860) of low duties of 19 erty lessened the burden of taxation. per cent. tho importations were ninety-one cents less to the· person Look at the beginning-see the end. In 1840 prostration, vice, and than in 1875. We have alarmists who believe, or in the interest of misery, caused by the protective syst-em. In 1860 prosperity every- bounties and subsidies pretend to believe, that our people require where in all branches of industry, crime and pauperism decreased, and guardians lest they will buy themselves, and the nation as well, into manufa:ctures established on the most firm basis. Is our present con- bankruptcy if allowed cheap clothing and cheap necessaries of life. dition similar to that of Great Britain in 1840 or in 1860 f The gen- Let them take courage in the fact that in 1860, with the low tariff of tleman from Pennsylvania-{Judge KEJ..LEY) may tell us. Is the pic- 19 per cent., the apprehension was not justified ; they actually bought ture of Great Britain in 1840 at all familiar t This is the picture of less to the person than in the lruit year. Yet Mr. MoRRILL, author of Great Britain protected as we now are. The iron-masters summoned the Morrill tariff, said of the year 1860 : by him to protest against any modification of our war tariff described And that was a year of as large production and as much general prosperity a.s themselves as: "Either in the hands of the sheriff or selling iron be- any perhaps in our history. low cost," and "wages of iron-workers so low that they and their In the effort to relieve the people from taxation by the low tarifi' families can scarce eecape destitution and starvation." If this be of 1857 the rates were fixed below the demu.nds of the Government true, is it not well to consider if protection in its effects does not, like for revenue, but the statistics show that with low duties we had moJ·e history, repeat itself f dutiable and less free good.s ; proportionru.l.F more revenue with less Euglaml at the beginning of tariff reforms in 1840 levied duties on importations. (IV.) twelve hundred articles, we now on four thousand nearly. The tarifl' of 1857 in its turn gave place to that of March 2, 1861, An increase on luxuries even will enrich only the smugglers. and since then we have had nearly annual changes, and sometimes Crooked whisky tells us that excessive excise ta:x;es make knaves and three changes in the same year, each giving new bounties to monop- thieves. Which way, then, shall we lay our course? We must try the olists with new burdens for the people. removal of restrictions, take off the shackles, and get revenue from · The act of March 2, 1861, known as the " :Morrill tarifl'," was the property which represents the results of labor, not from processes or first of a series of tariffs unequaled in their iniquitous complications, means by which it is acquired. We must recognize the oft-repeated hardships, and monstrous duties. Enacted as war measures, and pre- truth that wher.e protection be~ns revenue ends. tendedly for a temporary purpose, they have been until now main- Bad as the system of protectiOn is believed to be, it must be dealt tained because it was alleged that with them and through them the with by no abrupt change or headlong speed, but with sure and mod- country was prosperous. Now it is insisted they shall be maintained erate steps, with the care and caution of enlightened statesmanship. because it is not so. AMERICAN TAIUFF8. For the first time in our tariff legislation, the Morrill tariff imposed two duties on the same article, one specific, the other ad valol'ent, or The present tariff serves neither the purpose of revenue nor protec- on the basis of value. It would be matter of curiosity rather· than tion. It is condemned by the Treasury because it promotes fraud and profit, perhaps, to see with what modesty the u.uthor applied the offers a premium to unfaithful officers; the manufa{}turer of woolens principle (or want of principle) of double duties to only fifteen arti- satisfied with epormous rates of duty on woolen goods complains of cles. (V.) high duties on raw wool, chemicals, and dye-stuffs; the hardware This was only an entering-wedge, opening the way for the greu.ter manufacturer, content with the rates of protection on his wares, com- confusion and complications under which the system now groans, for plains of the high duties on steel and iron; even the manufacturer of this tariff in its turn gave place to that which followed five months cottons complains of the increased cost of producing his fabrics by rea- later, August 5, 1861. By this tariff tea and coffee were added to the son of high duties on dyes and colors. Revenue is a mere incidental list of articles paying duties and the duty upon other articles was in- or secondary matter; the interests of the toiling, working, and pro- creased. And on the 24th of December of the same year the tax upon • ducing millions are ignored, and we ha.ve as the outgrowth of our tariff tea, coffee, and sugar was acra.in ino.reased. a selfishness which in its race for subsidies and bounties baa clouded There was anot.her gener:f increa-se in tariff rates on July 14, 1862. some of our best intellects and dwarfed the spirit of la.udable enter- The general average of rat.es on goods paying duties, which under prise. - the Morrill tariff rose from 19 to 26.7 per cent., speedily rose to 33.2 The well-known compromise tariff of 1833 fixed a rate on goods per cent. under the tariff of 1862, while the double duties multiplied paying duties averaging 31 per cent. When t.he then opposition or in number and increased in rates. The rasp and file makers, lest whlg party had attained power, August 30, 1842, these duties were their wares might rust, came in for a double duty on files and rasps. made mostly specific and increased to 34 an advance in the rate of Woolen goods-too cheap, in the opinion of the then law-makers, fm· only 10 per cent. Some industries, chiefly iron, cotton, and woolen the men in arms-were raised and doubled up. (VI.) But it was on goods, were ·greatly favored, and after four years this tariff was June ao, 1864, that the real tariff saturnalia set in. The average rate modified by the celebrated" Walker tariff" of August 1, 1846. of duties on dutiable imports, which in 1863 was 33 per cent., was so This wa-s very justly styled a revenue tariff, and wa-s in force eleven increased in 1865-'66 the rate rose to the enormous average of 47 per years up to March :1, 1851. The average rate on dutiable·articles was cent. on dutiable imports. Double duties were multiplied and were during the eleven years' existence of this tariff 23t per cent., about 33 increased. per cent. below that which gave place to it. Perhaps no tariff has And how was this enormous taxation obtained; under what pretext h:1d a more intelligent simplicity or a nicer sense of justice. It im- and under what condition of alarm u.nd apprehension did the people plied perfect faith in the integrity of the officers of the Government and of the country receive and accept this new burden of taxation f Let their ability to collect the revenue levied in this fairest of all forms, Mr. MoRRILL, who had tho blllin charge, answer. On the 2d of June, on the basis of values. After thirty additional years of experience 1864, he said: and education in the science of government this most equitable fea- I estimate that the present bill will increase the re-r-enue not less than &15,000,000, ture of a system at best unequal must be virtually abandoned, lest we and proba,bly more; this is intende(ln.s a war measurtl, a ~mporary measure, antl it shall be robbed by the collusion of officers chosen to protect and guard is needful that it should pass speedily. the revenue. The remedy proposed by the Secretary of the Treasury The war ended eleven years ago, but this " war measure," this "is the substitution so far as practicable of specific for ad valorem, " temporary measure" is not only in full operation, but its effects duties." And so it is we are driven to the collection of duties in the have in fact been aggravated by laying new ancl inc1·eased rates of specific form, while the inequalities of the system itself are mostly duty as some of the victories of peace. While these remain, the a·d- mitigated by the ad valo-rem principle of the Walker tariff. Jblother vocates of protection may well proclaim that "Peace hath her victo- principle of this well-considered measure was its classification of du- ries no less renowned than war." ties, by which the duties which averaged 23-l :per cent. were placed Amid the clash of arms it would doubtless have been deemed un- aa low as 6 per cent. or made free on some articles of necessity and patliotic to question the fact that these tarifl' laws were enacted as raw materials which enter into the reproduction of other articles, while "war" measures and "t-emporary" measures; but when we see them luxuries, like ·wines and spirits, were taxed as high as 40 to 100 per maintained and multiplied, with peace at home and a-broad, it iBdiffi- cent. This was the basis or principle of chief popularity of this very cult to escape the conclusion that selfish greed had much to do with just and practical financial measure. (II.) their enactment and no less with their maintenance .. The effect of this measure upon the country after a few years' dura- The internal-revenue tax, too, was made to furnish an additional tion was significant. pretext for new burdens on the people and increased bounties to the The revenue under the tariff of 1842 for the fiscal year 1845, when the protected. rate of duty was 32-t per cent., was $30,952,416. Three years later, .Mr. MORRILL further said: in 184 , under the "Walker tariff," when the duty was 24 per cent. In adjusting the tariff upon iron the principle bas been to give an increase upon on dutiable goods, a decrease of 25 per cent. in rate of duty, the rev- the tariff of 1861 equal to the interna,l -revenue duties enue rose to $31,757,0il, and continued to rise until1856, when it was If this was ever true why were these duties not re-adjusted with the $64,022,!:!63, the average duty then })ej.ng only 25 per cent. And how- repeal of internal-revenue taxes in 1869 f It was not done then, nor 1876. CONGRESSIONAL RECORD-HOUSE. has it been since. Why not do it now that the reason, so far as it to buy 15 yards of calico for a dress would have to buy exactly 25.65 ha.d reason or pretext, no longer exists T yru:ds, aml the division would be 1G yards for her own dress and 10.65 The next tariff change in 1865 gave a little more protection; anrl in yards for the Treasury. This is the meaning of a 71 per cent. duty. 1866 there were three tariff acts passed, among them one laying a tax Suppose a man required 200 feet of marble, he would buy 418 feet, of 20 per cent. on cattle, horses, and mules. This for agriculture I out of which he might retain 200 feet and the Treasury get 218 feet. The tariff act of 186i was !rimply an agreement between the wool- This is the meaning of 109 per cent. duty. growers and woolen manufacturers, rati:tied by Congress, *io increase Suppose our patriotism at this centennial shall rise to the in-';ensity the duty on foreign wool and woolen fabrics. of requiring for every home a flag made of 10 yards of bunting; Of course, as is usual in class legislation and tariff jugglery, neither we must buy each 21.7 yards of bunting, 11.7 yards of which we the consumer nor the Treasury was supposed to have any interest iu must render in a tax to this good Government of equal laws aa an the matter. All that wa£ required of the consumer ~as to pay his earnest of patriotism displayed by the other 10 yards flaunting in the tax and hold his peace. breeze. This alliance and increase had no pretext in war, but added from Take for further illustration the article of blankets. In 1870 we 30 to 00 per cent. to existing rates, and, a.s events have proved, was a produced 2,000,439 pair, having an average weight of five pounds per misfortune to both interests. Woolen manufactures languish, with pa.ir, in all 10,002,195 pounds. Certainly we did not produce less than wages lower than before the war, while the wool-growers 1·eceive less that quantity in 1875. Now turn to the imports of blankets. In 1875 for their wool this very year than they did under the tariff of 1857. we imported 9,992 pounds. The foreign value was $10,875.60; tho (VII.) duty collected thereon was $8,451.22, or an average of 7H per cent .. The next important amendment of the tariff, in July 14, 1870, was Then we have protected over 10,000,000 pounds home-made blankeis a modification and reduction. But cotton goods, wool and woolen at an average rate of 78 per cent., and imported 9,992 pounds and got fabrics, iron manufactmes, in fact all manufactured articles, with an incidental revenue of $8,451. one or two minor exceptions, remained untouched. What does this protection of 10,000,000 pounds of blankets cost the The Treasury then overflowing with $100,000,000 surplus, the spirit people T Every pound of blanket is, at ita very lowest calculation, of rapacity never abated. The pretext of war was gone, but protec- made dearer in average fifty cents. Then the people are taxed tion emboldened by success demanded and obtained new tribute from $5,000,000 annually on their blankets, and the Treasury gets an inci- hemp, oils, marble, grindstones, and nickel. Certainly no one will dental revenue of $8,451. I shall no doubt hear that blankets are contend these new duties, with a Tremmry surplus, were for any other now as cheap a.a they were before the war, and if the duty was off purpose than to tax the people for the benefit of those engaged in the would be dearer than with the duty on. The real fact is that a pound nickel, oil, and grindstones business. (VIII.) of blankets costing in England fifty-three cents gold cannot be In 1872 the duty on tea and coffee was removed. Nor c~ there be bought for less than 1.10 to $1.25 in New York. the slightest doubt that this tax as well as numerous internal-revenue It is true that we protect the blanket interest of this country. But taxes were taken off that a better pretext for protection on manu- suppose a proposition was made in this House to subsidize the blan- factures of all kinds should remain. It is greatly to be regretted that ket manufacturers and ~ive them 5,000,000 annually, how would many fair-minded revenue reformers, who under other financial con- such a proposition be rece1 ved T The result and operation of our tariff ditions of the (j-overnment would be free-traders, fell into this trap. amount to the same thing, only that the subsidy is covered up in It has proved a stumbling-block to revenue and tariff reform, and the shape of duties. The people are taxed all the same and have to is accomplishing what it was intended it should accomplish. No pay it. What is true of this is true of almost every highly protected tariff tax. is more easily collected or more fairly distributed, and it is article. These illustrations but show that our tariff has for its object lamentable that men otherwise of great attainments will not believe protection of the so-called home industries; any revenue derived the people capable of understanding these truths. from the highly taxed foreign commodities is incidental only. If A duty of 3 cents per pound on coffee and 15 on tea would yield us members will but consider the enormous cost of this system of pro- ten millions on each, and would be a tax on each of 21t cents to the tection, the result of their consideration will bo appalling. An ex- person. Forty-three cents tax to the person upon these articles would amination aa to quantities of cotton and woolen goods, iron, steel, yield $20,000,000 revenue. Where can we obtain so much revenue and lead, and their manufactures, which we consume, and the aver- from customs at so little cost1 Not from duty upon manufactures, age rate of duties on these articles will show that we consume about for these are protected at a rate exceeding 40 per cent. To obtain $900,000,000 in value of them, and, estnnatin~ increased price result- twenty millions in duties from manufactures we protect, at the cost ing from protection, if increased to the full extent of the ra.te of of the consumer, the home product of five times greater value which duty, will find it about $377,000,000, of which the Government gets yielQ.s no revenue. $47,000,000, while $330,000,000 go in bounties to the protected. (XI.) By laying duties all of which go into the Treasury on tea and cof- In this connection, too, let it be remembered that our manufactmes, fee, articles not produced here, we can remove duties on manufac- all of which are highly protected, including those just enumerated, tures which cost us from $2 to 5 to put one in the Treasury. Some- amount to more than$4,000,000,000. And thisvastquantity-lessabout body said you would tax "the tea and coffee of the poor." 2 per cent. exported-is consumed by our people at the increased cost 'Vby, Mr. Chairman, all tariff taxes are paid by the multitude, not resulting from protection. by the few who own the property. This is the wrong and injustice These statements of facts and figures illust1 ate the logical and of the system. And shall the multitude pay on the tea. ancl coffee practical effect of excessive duties in the incre.l8ed prices which the twenty millions directly into the Treasury or a hnndred millions on consumer must pay. \Ve need hardly more evidence of this fact than their hats, blankets, shoes, axes, hoes, medicines, quinine, spool-thread, that as often as you offer to lower rates of duty you incur the oppo- and needles to put twenty millions in the Treasury and eighty mill- sition and arouse the ire of the advocates of protection. Iftarift' du- ions in the pockets of the manufacturers 7 We are now paying ties did not enhance the cost and price of articles on which the.7 are nearly 3 cents per pound duty on sugar, or a tax of 75 cents to the laid, it would seem t.hat the gentleman from Pennsylvania introduced person, annually, and while doing this we a.re protecting andincrea£- his bill for free ~:~ilk machinery as an idle pastime. ing "';he prices of sugar made here, putting money into the pockets of As a rule the duty enters into the cost and price of the article on the planters as well as the Treasury. (IX.) which it is laid; but the rule has its distributing causes, and cases Tbe same year, in June, 1872, the (horizontal) reduction of 10 per taken for illustration may mislead. In some cases these excessive cent. on manufactures was enacted. This reduction was injurious to duties have given such a stimulus to the production of goods at home the revenue and illogical in effect; it reduced the duty on bunting that the supply cannot find a market. Of comse none are imported; from 112 to 108 per cent., on spool-thread from 76 to 69 per cent., with hence the revenue upon these articles has ceased, but the cost of the other like a.bsurd reductions ; it was repea.le(l a year ago, but not home product is so great that none can be exported. The final result without adding a little more protection formanufacturersof silk and is, no revenue to the Government, ruin to the manufacturers, high- cotton mixed goods. This is in brief our tariff history for thirty cost goods to the consumer. years last past. In other cases the consumer pays 100 per cent. mo·re than he need SHOULD OUR TARIFF BE MODIFIED ' for his goods, the Government,- gets no revenue, but must find a pro- The industry, trade, and commerce of the country should not be ductive tax somewhere else and some rich pauper fattens on the di~::~ turbed wantonly or upon any trivial pretext; the proposed modi- plunder thus filched from the pockets of the people. fication can affect them beneficially only, and is a necessity demanded Neither does it follow that the blanket manufacturers enjoy a alike by the needs of the Treasury and the consumer. "This necessity profit of $5,000,000 which they would not otherwise obtain. This, is best expressed by facts and figures of existing rates of duty taken like other protective industry, is far from prosperous. We have im- from official sources. They are reduced to rates on the basis of value, posed taxes on wool and on all the materialti used in the process, and though often laid in specific or double form. On printed calico we on the food, fuel, and clothing of the operative, and thus consumed pay a duty of 71, on blankets an average of 78, on spool-thread 74, on much of the profits in the increased cost of production. woolen cloth 68, and on very many articles of chief use among . the LABOR ll'D WAGES. • industrial and producing classes from 50 t.o 100 per cent., and this brief statement illustrates the exactions of the present tariff'. (X.) Now, The tariff oppression of this country from its earliest inception has should such a tariff exist f How little is really known of the mean called in an ally that has given it the most substantial aid and haa ing of 60, 70, or 100 per cent. duties. Take, for example, the common been the least rewarded. This was, is, and perhaps may continue to print on which we levy 71 per cent. duty; if the Government levied be the wages of labor, the dread of the "pauper wages" of Europe its duties, as once the church did, in the form of tithes, and instead of in its supposed effect on the superior paid labor of our own country. making consumers pay in money for duties the Treasury woqld buy This delusion is as fallacious and shallow as other protection pre- good.~, what would be the result f The good wife going into a store texts. Official figures show that the labor was ouly 18t per _cent. of 3316 CONGRESSIONAL RECORD-HOUSE. MAY 25, the actual cost of manufactures in 1870 when our tariff averaged 43 ticable. The invention of double rates of duty is a means of biding per c.ent., while in 1860, under a tariff of only 19 per cent. the labor an enormous tax under a foggy complication, although it is some- was 20 per cent. of the cost of manufactures. (XII.) times insisted that wherever there is a double duty, one specific and If wages are hi~h in the country that fact alone simply proves that· one on the basis of va.lne, the ad valorem, rate is necessary to regulate labor is well emp10yecl and should therefore be let alone. and equalize the duty and bring it nearer to an equitable rate. If But it is not true that even if wages are higher in this country such is the objec~ and it is a necessity, why keep a specific duty on than in Europe therefore goods must cost more. It is skill and adap- the article T Why not make it altogether ad valorern, which will regu- tation that assure low cost of production coupled with high wages to late the equity of the duty and simplify it as well t the workmen. If manufacturers have these qualifications they need The Treasury and the reputable merchants demand specific duties, no protection from a tariff; if they have them not, no tariff can save advalorent duties being open to dispute and undervaluation, result- them. ing in collusion and fraud. The sweeping away of double quties The Congress of the United States may have great creative pow- everywhere and of ad valorem duties wherever practicable is an im- ers, but it cannot convert an imbecile infant into a stalwart self- perative necessity, and a. single specific rate where it is possible to sustaining and self-respecting man either by protection or privation. calculate values or classify articles a very wholesome reform. Yet it The greatest of all fallacies is the dread of pauper labor i.n general. must be admitted that a uniform rate proportioned to ·"he value of The wages in England are ten times as high as in India and China; goods taxed is the most equitable of all tariffs, and shoulcl be adopted five times higher than in Russia; double as much as in Germany, whenever the standard of official mora1ity and accountability will France, and the rest of Europe. Yet in every one of these countries justify it. Until then we are obliged to diminish the chances of un- the dearer labor of England competes successfully with their cheaper dervaluations and fraud by levying duties in a specific form. (XVI.) bbor. Even now there might be no difficulty in imposing ad t•aummt duties We have an example of this in the situation of our producers of if they are not too high; it is the high rates that make it pay to cheat. surplus agricultural products. The land in Russia and on the Black More revenue from lower rates, freer commerce, large exports; these Sea is much cheaper than in our Western States ; the farm laborer should be the rules. · Large imports at low rates would give ample earns indeed pauper wages, which is barely one-fifth of what it is in revenue and would induce large exports. We cannot sell unless we the West. Yet we must compete with our grain and do successfully buy, nor buy unless we sell. compete in London and Liverpool markets with the grain of Russia The proposed reductions are believed to be moderate and consist- and the Black Sea grown on cheaper lands and by labor costing one- ent. There still remains an average duty of about 30 per cent. on fifth our own. And so we :find that our system of protection, un- cotton fabrics, about 25 per cent. on iron and steel, and about 40 per equa1ed in the history of the tarift'legislationfor its enormous duties, cent. on woolen fabrics. These duties are high yet and intended so to and now five times aa great as that of Great Britain, four times as be, lest any radical reduction, when rates so high have prevailed so great as that of France, six times that of Germany, more than twice long, might seriously affect any of the great industrial interests of as great as Russia or Spain, four times that of Italy, and twenty-five the country. The proposed rates afford still large incidental protec- times that of Belgium, (XIII,) leaves the products of the grain and tion to the various manufacturing indusb.'ies, larger in many instances cotton :fields to fiud a market in competition with pauper labor. than ever was had before the present tariff; estimated upon present HOME MARKET. values, quite as large as when the present duties were imposed where- The "home market" is another cheat and catch-word of the pro- ever they are specific. And in the reductions of duty on I'aw mate- tectionists. After protection unequaled foJ: half a generation the rial and in the free list manufactures find additional advant:.tge and home market has not come to us, but is as fur as ever removed from encouragement. None better know than the manufacturer that the the fields of agriculture. Our surplus of grain has outgrown the present complicated and oppressive high tariff cannot last; he knows, wondrous growth of our population; it has not abated and will not too, that a change must come, and come spee.ology might be improved but the statutes went uown in midocean. The customs lists showed $100,000 ex- have been in operation for nearly two years; very much of the de- ports, no imports, and the balance of trade was in our favor-the scriptive language of tariff legislation has been in force since 18G4; country wa-s prosperous. Let gentlemen, alarmed by the foreign bal- has received the interpretation of the Treasury Department or the ances against us, go to work and sink the ships laden with com- courts and practical B.(lplication by importers and customs officials; modities received in profitable exchange for our products. This will hence it is deemed unwtse to do more than change rates of duty. appeaae their patriotism, settle the balance of trade in our favor, What the importing interests most desire and the Treasury most and is about as honest as the mode adopted by protectionists for neeed importer to his 1 ights in a court and subsequent decision of t.he Trcasnr_v 'I>epartment. Years. Conn tries. Imports. .Amount of A vernge 'l'he existing tariff la.ws also provide severe penalties of forfeiture for an inten- dnties. rate. tional misdescription of imported merchandise in an invoice or ent.r y when made with intent to defraud the Government and deprive it of revenne legally charge- 1 873 .• •••••••.••••••. . France . .......... . 710, 960, 000 $43, 630, 803 6.37 able on merchandise imported. Out of misdescription, innocent in many cases no 1 873 •••••••••••••••••. Germany-: .•...•. . 751, 100, 000 33,588,250 4. 41 doubt, bas arisen mnch objectionable confi.scat.ion and forfeiture at our large ports. 1 873 .•••••••••. ••••••· Russia ...•.•.•.•.. 337, 176, 977 42,233,277 12.51 To prevent this in future, and aa far as _possible to prevent all litigation, it has been 1 873 .................. Belgium .......... 284, 540, 000 4, 292,000 1.50 determined to retain in the bill the precl8e language of existing la.ws, changing only 1 874 . ................. Austria.-Hnngary. 271, 488, 000 10,236,768 3. 77 the rates of duty. 1 tl74 . .•..•••••••••.•• . Italy ........... . . 258, 600, 000 20,113,018 7. 77 1 874 . ••.•••••••.•••••. ~am ............ . 76,400, 000 10,587,218 13. t!4 XVJ.-Statement showing the complicated enormity of present d Free of duty......................................... 14,519, VOl $21, 053,845 list. There is no rea.son why it should not pay a. duty of 3 cents per pound, Sunllrios, food, fuel, lumber, &c...................... 47,911,220 59, S!JL, 656 which is about 15 per cent. on its cost, all the increase going into the Treasury ann Metals . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . . 35, 74!J, 175 45, 220, 786 no relluction having been made in rates of articles into the manufacture of which Drugs, chemicals, oils, paints, &c.. . . . . . • . . . . . • . . . • • . . 11, 372, 138 15, 4!)5, 004 it enters. Section 6 contains a list of articles that are intended to be made free of duty. - - - · - ------ They include plants, shrubs, trees, seeds for garden, a~ricultural, and horticultural Total n.rticles of necessity.................... 109, 543, 434 141, 663, 291 purposes ; but are mainly medicines, chemicals, and aye-stuffs. CLASS 2.-COXFO~TS. Tho total loss to revenue by free1ng these articles is estimated on last year's im- Tea, coffee, sugar, and molasses ..•.........••.•...... 96,158,547 107, 614, 165 portation at i434, 170 80. These articles are in the main raw matetial that enter mto manufactures and are reproductive. Many of thorn yield no revenue at all or CLASs 3.-Luxunms. o. revenue so ridiculoasly small that keeping them upon the ta.xable list can only be Fancy goods, wines, tobMco, &c..•...•..... : ...•••.. 21, 054, 9.39 31,734,301 for prohibition and protection. The following revenue was received in 1875 from articles placed on the free Jist~ CLASS 4.-TEXTILES AND WARES. namely, from- Cotton, woolen, flax_ and silk goods, books, glass, Acetate of ammonia. . . • . . . • . . . • • • • •• • . . . . . • • • . . . . • • • . • . • • • • • • • • • .. . . . • • . $1 00 . china, &c.......................................... . 96,026,525 109, 626, 9!)8 !~~r: ~i ~~r:::::: ::::::::::::::::::::::::::::::::::::::::::::::::: Acetate of lead, brown and white......................................... ~~l~~~: 18d 40 CLASs 5.-UNR~UIImnATED. Articles .•••••.....•..•.•..............••.••.••.••.•.. 485, 684 345, 279, 129 2'2, 15,825,257 ~06, 464, 012 ±~:r:~ ~i Ef~i~::::::::::::::::: ::::::: ~:::::::::::::: ::::::::::::: Acetate of strontia ...•.•....•..•.•.••.••........•.•..•. •. ••.••.••..•.•.• No~n~ Gold and silver coin and bullion ...•••.••..•.•...•.•.. 4,150,241 Total imports, re-exports deducted ..••.•.••..•. 349,429, 370 Nothin~. 5, 43'2, 362 411, 1:96, 374 Acot.~ of zinc .......•. . ...•.•............... .... .••...•••••..••••••.••• Nothing. The customs revenue collected was in the followingJlroportions: Acids, acetic, acetous, specific gravity O"'I"Or 1047................ .• . • . • • . • 15 00 Customs revenue collected in the fiscal year ending June 30, 1868- pyroligneous, specific grnvity 1047................................ 37 00 Acids not otherwise provided for... • . • . • • . . . . . . . . • . . . . • . . . . • . . . . . . . . . . . . 23 00 UPOY CLASS I.-ARTICLES OF NECESSITY. Acid, benzoic . .............. ."............................................ 567 10 Sundrieshf~d, fuel, ~umbo~, salt, &c .....•. : ..••.....••••..•..••.• $14, 245,849 25 Carbolic acid for medicinal purposes........ . ........................... 2, 704 60 Drugs, c eDllcals, pamts, oils, &c ••• • • • . • • . • . . . • . . . . • . • • • . . . . . • . . . . 5, 930, 616 96 Metals....... . ................................................. .... 14,281,296 13 ti~~c ~~~~~:::::::::::::: ::::::::: :~:: :::::::::::::::::::::::::::::::: 3, oJ ~ Gallic acid . . • . • • • • . • • . •• . • . • . . . • • • . • • • • • . • . • . • • . • • • • . • • . . • . . . • . • • . •• • • • • 11 00 34, 457, 762 34 Tannic acid .•.•.•.•••..•..•••.•.•.•••••.. ~.............................. 117 00 CLASs 2.-CoMFonTS. Tartaric acid .....••••.. :................................................ tiU 45 Tea, coffee, sugar, and molasses • • . . • • • • . • • . . • • . • • . . . . • • • . • . . •• • • . • 55, 104, 821 85 Nitric acid, fuming ..•...••••••..•..•.. . ....•...•••.•.•.•••.....••••..••. Nothing. Sulphuric acid, fuming .•••••••••••.••••..•.•••.•••.•••...••••..••..•••.• Nothin~. CLASs 3.-LuxuniES. Asphaltum acill,fnming .••••••..•••••..•••.••.••.•.•••.••..••...••.....• 6,501 60 Liquors, spices, wines, fruit, fancy goods, &c...................... 17, 931, 783 59 Asafetida... ............................................................ 2, 106 14 CLASS 4.-TEXTILES AND WARES. Baryta, sulphate of .................................................... 10,589 29 llenzoates ....••.•.•••.•••••.•..••.••.••.••..••.•••••••••...•..•••.•..•.. Nothing. Textiles, books, glnss, china., paper, &o •••••• .••.... ...••••.••• •••• 51,595,508 69 Borax, relined........................................................... 515 30 CLASS 5.-UNRYUMERA.TED. Brimstone in rolls and refined ..••••.•••.•.•••••.•••••••••••••••...••••• Nothing. Sundries........................................................... 431, 792 34 }"ire-brick . . . . . . • • • . . • • . • . . • • • • • . . • • • • • • • • . • • • • • • • . • • • • • . • . • • . . • . • . • . . • . 10, 069 69 6~fo~~i~-~~ :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ' g~~ ~i Total amount of duties. collected on articles entered.for consump- 159, 521, 669 82 9 8~¥:f~~e~~~:: :::::::::::::::::::::::::::::::::::::::::::::::::::::: 1, 5~~ gg Hospital tion, valued at e344, 788.572, equal to 46 per cent.: tax, wnnap;e dues, forfeitures, fines, and other· items col g~~~ ~·- ~~~~ ~~::: :::::::::::::::::::::::::::::::::::::::::::::::::::::: 2, ~ig ~~ looted at custom-houses.......................................... 4, 942, 930 74 1 Col>peras, ~eon vitriol.............................. . . . . . . . . . . . . .. . . . . . . 692 37 164, 464, 600 56 Grease of au kinds ...•••.•••.•..•..·• .•.•..•...•.. . • . . • • • • • . . . . . . • . . . . . . 3, 156 60 Total customs revenue on e;l44,788,592, egua.l to 48per cent~ fi~~~~~~~: ::::-~::::::::: :::::::::::::::::::::::::::::::::::::::::: Jo~~ portion If we assume that this revenue was denved from the several classes in the pro- which tho imports for consumption in the respective years bear to each other, the proportion of revenue from each cL'\8s was substantially as follows: Mineral aml bituminous substances.... . . •. . • •. . .. • •• . •• ........ .•. . . . . . 1, 033 00 Fiscal year ending J nne 30, 1869- Cod-liver oil, crude and medicinal....................................... 8, 330 94 From claSs 1, articles of necessity .••.••....•.••••••.•••••.•.•.•.••• 43, 000, 000 00 Blanc fixe . . . . . . .• • • . . . • •• . . . . . •• • •• . • . . . . . . • . . ••• •• . ••• • • . . . . • . . . • . . . . . 4, 371 84 From class 2, articles of comfort .••.••..•..•.•.•..........••••••.•• 55, 000, 000 00 ~~~~~~-~-~-~-~-~-- ~~ From class 3, articlea of luxury .............•.......•..•..•••...••• 21, 000, 000 00 From class 4, textiles and wares .• •.•..•••.• ··•••• ...•.••.•••••.••.• 54, 500, 000 (1() ::_:_:_:_:::_:_:: :::::::::::::::::::::::::::::::::::::::::: 5, From class 5, unenumerated ..•..••.••.•.••.....••••.•••..••••••••• 700,000 00 Resin ........••...•.•.............••.•..•.••.•.••••• _........ .•.• .• . . . 129 76 Forfeitures, fines, &c .....•.•..••.•.....••...••.•••.•...•.••.•.•••• 5, 800, 000 ()() Epsom, .Glauber, and Rochelle salts ..................................... 573 90 ~fo~~~f~~iiih~:::: :::::::::::::::::::::::::::::::::::::::::::::::::::: 49~ ~ Total . • . • . • . . • . . . . • • • • • . • . . . • . . • • • . . . • . . • . • • • . • . • • . • • • • • • . . . . 180, 000, 000 00 [During the delivery of the foregoing speech, l!r. MoRRISON's time Tallow................ . . • . . • • • • • . • • • • • . . . • • • • • • • • . . . . • • . • • . • . . . . . . . . . • • . 495. 37 Tannin .................................................................. Notl1ing. wa~, by unanimous consent, extended on motion of :.Mr. TucKER.] Tar..................................................................... 500.27 Mr. BURCHARD, of Illinois. Mr. Chairmarr, a measure attempting Tartar Qmetic. ...... . . . . • • . . . . . . • . . . . • . . • • . . • . . . . . . . . . . • • . . • . . • . . • . . . . . . 266. 40 t-o adjust more equitably .the burdens, and to distribute more fairly The&~e make up the greater number of articles placed on the free list, and surely the benefits resulting from tariff duties, deserves tho early and ear- it cannot be maintained that their remaining among the dutiable articles is in the nest consideration of the House. The present tariff rates were estab- interest of revenue. There are ot.h er articles, however, that should be placed on lished during the wa.r a.nd were the nece&.'!ary outgrowth of it.s vast . tho free list, and by retaining; which upon the taxable list tho same wron~ results" as in the article of quinine. These should be considered when separatea.rtiClea are expenditures. Returning peace has but sligh.tly modified their un- acted upon. necessary and rigorous exactions. To frame a bill whlch, without disturbance to existing industries or injustice to difl'erent sections or XX.ffi-Statementshowing faUing of! in imports for the present ytJar of $60,974,602 interests of the Union and without impairment of the revenue, ·shall below last year, and decrea-se consequential in the revenue notwithstanding-in- lighten taxation, is a most difficult and delicate task. The Commit- creased rate of10 per cent. re-imposed by Forty-third Oo-ngress. · tee of Ways and .Means have, 1 concede, earnestly labored to accom- M~~r~:~~ ~-~~~~~-~~~~~-:-: ..................................... e:ms. 3!)7,115 March 1,1876...... .••.... .•.. .•..••••• •••••• .•. .. . ...•........ .•.•... 352,666,163 plish this result. Their work is before the House, and I regret that it bas come from the committee so defective and incomplete that un- less materially amended I cannot support or urge its passage. What- Falling off of imports...... . . . . • • . . • . . • • •.••...•.....••..•..•...•... 45, 730,952 ever its purpose it must be judged by its scope and probable eflect. Falling off of imports estimated for three months ending June30, 1876 15,243,650 Containing much that is commendable, it is, in my judgment, imper- Falling off of imports estimate6. 000,000 That the present tariff needs revision cannot be denied. Its high- Iron and steel...... ••••••.•...•.. 6, 814, 200 35 332, 000, 000 I €6, 000, 000 Woolen and worsted .•• - ••.••.••.. 27,821,177 60 199,000,000 I 74,000,000 est rates were imposed and adjusted during a period of h~avy and au~­ - - - - - - - - - - - -1- - - - menting importation~ incide~t to. a vast war and to meet the nec~st­ ties of the Trea,sury m carryJDg It on. Increased cost of productwn, Total .••.•...••••.. _.... . . . . 43, 679, 031 .••...• ·I 708, 000, 000 1 226, 000, 000 occasioned by internal taxation,jnstly entitled domestic manufactures The estimated reductions of duties in the bill from the duties re- to compensation by imposing increased duties upon similar ~mported ceived during the last fiscal year amount to $12,182,454.53, of which commodities. To r~imburse himself for true and duty upon Imported the reduction on cotton, iron, steel, and woolen manufactures is esti- ra.w material, the domestic manufacturer demanded aud obtained mated to be $9,741,100. higher taTiff mtes on foreign products competing with his own. The principal benefits will therefore inure to ·the consumers of those Upon the close of the war the manufacturers successfully appealed articles if the duty increases the price. Consumers will not only be to Congress to remove taxation upon raw material and domestic pro- relieved from the tariff tax on the imported article, bnt from the en- duction. The high compensatory duties on foreign manufactures, hanced price of the domestic article. The total reduction anticipated however, are still retained. War rates, no longer required by the from the bill on the fom manufactures named would be, on the basis Treasury, and which the domestic manufacturer no longer could of the census returns for 1870 and duties received for 1875, $66,000,000. claim, have been and are now continued. Were the resulting ben~ fits and burdens equally distributed among and upon -the different \1) Reduction H~ industries and sections of the Union, there would be less cause of com- Retlnction of plaint. Value of im- Value of do- prlraondo.. Article. mE>.sticman· =~ !~ In the case of imported articles of general consumption, the en- ports. ufa.oturcs. of dnt.iee. mestieman:- hanced price which constitutes the burden tq>on the consumer is com- utao~ pensated by the benefit to the Treasury from the payment of the duty. But the enhanced prices which the consumer by reason of the tariff pays Cotton manufaot,. upon domestic articles benefit the manufacturers and their dependent ures ...........••. $24, 199,793 $177, 000, 000 $1,618,417 •06-J en, ooo, ooo employes and industries. The consumer bears the burden, but seldom Iron and steel man- shares in the benefit. factures .......... 20,474,244 322, 000, 000 1, 195,809 .058 20,000,000 In the discussion of this question to which I am inviting attention Woolen manufact,. ures ..•.•... ·-···· 45,627,923 199, 000, 000 6, 926,874 .15 26,000,00 0 I desire to disavow any opposition to a tariff for revenue. For the next thirty years at least, what Hamilton and .Madison would have -Total .......•. ----- 90,301,960 733, 000, 000 9, 741,100 [ .... --- 57,000, 000 called a high tariff is an inexorable necessity. The public debt for interest and sinking fund will require for that period a, tariff averag- If the reduction of tariff revenues $9,000,000 will lessen the taxa in~ 30 per cent. or more on dutiable imports. Such revenue tariff tion upon consumers even $30,000,000 or $20,000,000 without serious raising $130,000,000 annually will necessarily l?e protective. .Manu- injury to the interests affected, the proposed revision of rates should facturers ask for stability. A revenue tariff will stand as long as the be adopted. The computation assumes that the American consumer public debt remains. by reason of the tariff, pays an increased price for the goods he pur- The proper office of a tariff, the raising of revenue, is sought to chases. It supposes that the importer charges the duty in the price be diverted to the exclusion of foreign competition. A reduction of asked of the purchMer, and that similar domestic goods ·a re advanced clnties to the former rates has been and is now opposed by those who in price to the &arne extent. If true, the injustice and favoritism of regard protection as the end and revenue the incident of a tariff. high protective duties are apparent and indefensible. It is important They ask for rates that shall exclude the cheaper foreign article, so to ascertain, if possible, upon whom tariff duties fall. as to give the market to the dearer American product. American ma1mfacturers must ·control American markets is the WHO P AYB THE TARIFF DUTIES I high-tariff catch-word. How do the duties enable American manu- Surely theconsumerof t.he dutiable imports. "No," say the mann facturers to control the market T Surely by compelling the importer facturers, "the foreign producer seeking our market pays the duty." to charge the consumer a price increased by the amount of the duty, For proof, the price of someexceptionalcommodityingreatdemandata just below which price the American manufacturer with ample profit period of high prices is selected and compared with subsequent prices, can offer his own goods. and it is assumed that the tariff lowered the price. The manufact- The purpose of the protective duty is to give the manufacturer a urer does not b~lieve it; for he wants DO' duties, or low duties, on better price. In no other way can it aid him. Without the duty he his raw materials, because he wants them cheap. He asks high duties admits the competition would lower his price and his profits. on his products, so that he may get a better price. PROTECTED ThTDUSTRIES. I will not attempt to argue the proposition; it seems too absurd Facts, logic, and common sense deny it. There are at present six leading protected industries: manufact- Here is what one of the ablest, fairest, and most distinguished ad ures of cotton, woolen, and silk fabrics, iron and steel, paper and vocates of governmental protection for manufacturers says of the glass. They have an invested capital of over $400,000,000, and their proposition. annual production is double that value. John Quincy Adams, speaking from years of public service in the Of the three largest of these industries affected by the proposed administration of the affairs of the Government, in a most able report change of duties, cotton, woo~en, and iron and steel, the census and upon manufa-ctures made in 1832, the portion of his successor's mess customs statistics give us this information: .age referred to the C?mmittee of which he was chairman, said: The doctrine that duties of import cheapen the prico of the articles upon which Nurnber eJitployed in and 1:a!u.e of products of manufactu?·es of cotton, inm they are levied seems to contlict mth the first dictates of common sense. The a11d steel, and woolens in 1870.. dut.y constitutes a part of the price of the whole mass of the article in the market It is snbst.ant:ially paid upon the article of domestic manufacture as well as upon that of foreign production. Upon ono it is a bounty, upon the other a burden, and Manufactures. Number Value of the repeal of the tax must operate as an equivalent. reduction of tho price of the employed. products. article, whether foreign or domestic. Wo say, so long as the importation con tin ues, t~e duty m~t be paid b~ the purch~er of the ~rticle. .. • Cotton . . . . . . . • . . • . . . • . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135, 369 The incidental effect of competition in the market, excited, on the part of the '177, 489, 739 Iron and steel. . . . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . 1:39, 9?2 domestic manufacturer, by the aggravation of duty upon tho corresponding article 331, 738, 594 Woolen and worsted, including carpets .......... ···-·· 105,071 imported from abroad to reduce the price of the article, must be transient and 1!19, 257,262 1--------·1--------- momentary. The ~eneral and permanenteff6<'tmust be to increase the price of the Total . • . . . . . • • . . . . . . . . . . . . . . . • • • • .. . • • . . • . . .. . . • . 380, 422 708, 475, 595 article to the extent of U1e additional duty, ancl it is then paid by the consumer If it were not so, if the general effect of aciding to a tlnty wero to reduce tho price of the artjcle upon which it is leviotl, the converse of the proposition woulll also The preciso effect that the present duty has and the proposed r~ bo true anrl the operation for incroasing the price of the domestic mticlo woulll be to repeal the duty upon the same article.imported-an experiment which tho friends e made as cheaply purpose of keeping up the cotton-spinners' and cloth-makers' wages. as similar articles in foreign countries. Receiving no protection, their prices are not raised by the duty. They defy competition here and for The earnings of nearly 3,000,000 of fa.rm laborers, averaging but $107 a third of a century have been exported to foreign countries. Probably a year, ought not to be taken to sustain the wages of factory oper- one-half of cotton and one-third of iron and possibly one-fourth of atives averaging three times that sum. woolen manufactures are but slightly affected directly by the tariff But tariff bounties accrue to the benefit of capital rather than duty on similar foreign goods. labor. After an el~borate examination of duties and comparative prices, I have shown how dividends 'lire swollen and wealth accumulated Robert J. Walker, in 1847, crune to the conclusion that in regard to and hoarded in the States most largely engaged in the protected in- the great rna~ of our imports the enhanced price is about equal to dustries. two-thirds of the duty. He said: · The manufacturer appropriates the lion's share. He invests in en- larged mills and factories, substantial and improved residences, rail- As regards that portion of the resolution which inquires how much the price of road bonds, bank or corporate stocks, or loans on mortgage security. articles Will be increased to the consumer by the augmented duty, this Department begs leave most respectfully to reier to its report to the Senate (in answer to a His accumulated wealth, often freely expended, gives in favorable similar inquiry) communicated on the 23d of July last. By reference to that re- times activity a.nd prosperity to surrounding devendent industries. port and the tables and prices current thereto appended the followin,l!; r?rinciples The locnlity and its inhabitant.s seem to flourish as well as the factory would seem to be clearly established ns a general rule, subject to moditication in and owner. some respects by extraordinary cp,uses, such as g-rea.tl:y increased or diminished production, changes of season, augmentation or diminut10n of demand and supply, DIBTRffiUTION OF BOUNTIES. and also t.o il:.creasecl or diminished oost of production: First, th:~.t whore the arti· ole is produced more cheaply in our own oountry than abroad the p1·ice is not a.f. Let me not be charged with sectionalism in arraying the census fected by the duty. Second, that where the difterence of the oost of manufactur- tables to show where the tariff showers its generous favors. It is not ing or producinl! an article here as compared with the same cost abroad iR less thn.n to excite envy or hate, but to appeal to equity nnd justice. The the duty, the enhancement of price nevertheless cannot exceed such difference in the cost of production,:~.lthough the duty may be much grea.ter. Third, that where manufacturing States have less than one-fourth of the whole popu- the dut.v exceeds or is equal to the difference in the cost of production, the enhnnce- lation. Seven States produce 85 per cent. of all the cotton and woolen mcnt or price, as proved by actual prices current exhibited in that report, is, n.a a. ma.nufactures. The total production of these States in 1870 was general rule, iu the ratio of 119 to 75, or about two-th.i rds of the duty. valued at $321,489,204. Were the price raised to the extent of duty By reference to the tables appended to the report of the 23d of uly last, it ap- .r the bounty to these manufacturers would be $120,000,000. But sub- pears in regard to the great mass of our imports that the enhanced price, mken m the aggregate is about equal to two-thirds of the duty; Whatever theori011 may tracting one-half for goods able to compete with foreign goods with- have prevailed upon either side on this subject, this seems to be an ascertained fact, out a duty, and charging only two-thirds of the duty as enhanced proved by actual prices current appended to the report. As a general rule, in the price upon the remainder, the bo1mty rolls up to $40,000,000. It cer- cases referred to, it appears that about two-thirds of the duty falls as a burden upon the consumer by enhancing prices to that extent. The question upon whom does tainly exceeds that sum. It gives over $:-l bounty to every inhabit- the t.ax: fall equivalent to the remaining one-thirJ:~~~~~!~~_:_::_:::_:_:_:_: :_:_:_:_: ~::::::::::::::::::::::::::::::::::::::::::: 1~ ~50 General statl.stical vieto of the silk itzdustry in Anwrica j(}r the year end- Silk ... ..... ..... ............................................................ ing December 31, 1875. 8ili~~e!itfc'i!s~~~~: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 6 gg rd~ ~ The tax-payer will be no more heavily burdened by paying $1 on ~8 C!) his tea and coffee than he would by paying the same amount on tools I and clothing. The latter are as indispensable to the laborer as the ~-~ ~!;' ~- · V alueof ca.p- Total value former. This pure revenue tax, to be applied toward the reduction ~a. cDPI Wa"es ital invest- States. 'H~ssion, page 1271.) let thei.J.· fields lie waste and lessen food production, themselves en- Manufacturers themselves only claimed temporary protection. Said gaaing iu manufacturing! one of their advocates in 1849: Of our grain export in 1875, 72,802,605 bushels of wheat and :flour Grant to our manufacturers in a permanent and specifio form that protection reduced to wheat was purchased by the people of the British Em- which the act of 1846 delusively promised, say 13 on bar iron and e:J.50 on pi ... and they will be enabled to furnish a better and cheaper article than can be imp~rted pire. ~nd they will re~der the country independent of foreign aid in the supply of thi~ In 1873 Great Britain and Ireland gave us a ma~·ket for our pro- rmportant matenal.-.Utter of J. S. Hone to the Seeretary of the Treasur-y 1849-'5!1. duction valued as follows, calling a pound $5: Hon. William Meredith, Seeretary of th6 Tt-ea8Ury, executive document; first session Thirty-first Congress, page 859. I~J;i~::6E\~2:\\\\\\\\\HH~mHH\\H~mC~im It wa.a recognized as a true principle and enacted into law in the compromise tariff of 1832, which provided for a biennial reduction of tariff rates unj,il at the end of nine years the maximum duty of ---- 20 per cent. was reached. For this tariff Henry Clay voted, and by 'l'ota.l . . .. .. .... .. .... .. . .. .. . • ..... .. .. .. .. .. .. .. .. .. . . .. .. .. .. 357, 357, 465 his influence and efforts it waa passed. The reductions of 1846 and 1856 were based upon the same doc- For this we took of me1·chandise in exchange only $167,873,300, trine that protective duties ought not to be permanent, and that as consisting of- industries are established bounty should be gradually withdrawn. Iron, stee~ and their manufactures ................................... $(3, 998 -455 The passage of the committee's bill will apparently result in a reduc- Cotton anu their manufactures . . . . • • . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . 21, 189: 095 Linen and their manufactures............ . .. . . . . . . . . • . . . .. • . . . • . . . • . . . 15, 612, 390 tion of customs revenue. The reduction for the next and ensuing year Woolen and worsted . .. . .. . .. .. . .. . .. .. . .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. 301 576, 105 will be greater. Other commodities.................................................... 56,587,235 The heaviest importations of dutiable articles are of iron, cottons, The balance, amounting to $190,000,000, was settled for by bills on woolens, silks, and sugar. The domestic production is increasing, ex- other nations, coiu, or in other ways. cept of sugar. The manufacturing establishments of iron, cottons, The United Kingdom bought of us over 300,000,000 of our agri- and of many woolen goods are of more than sufficient capacity to sup- cultural productions. If we had refused to receive in pa~-t exchange ply the home demand. The depressed condition of business, with the $111,000,000 of surplus iron, steel, and textile fabrics she offered labor unemployed and poorly-rewarded, the decrea.se of extravagance, and sold us, could we expect her people would continue to buy so with greater frugality and economy, must continue to lessen the con- largely of our farm products ' Refusing to trade for her goods, she sumption of commodities and their importation. Customs revenues must take them to another food-producing country and our grain rot will probably grow smaller for some years. They are now diminish- at home. ing. The total imports into Great Britain and Ireland of wheat and :flour The importations of dutiable commodities and duties received for reduced to wheat in 1874 amounted to 91,069,0Z7 bushels. Of this the the last three years have been- United States sent direct 50,784,630 bushels, and through Canada at Impo1'tati.on of duitable oomnwditie8 for 1873, 1874, and 1875. least 10,000,000 more. As the acreage of wheat grown for that year in the United Kingdom waa 3,830,676 acres, probably one-half of the Dutiable bread consumed by the people of the British Isles was imported, and Years. imports. Duties. one-third came from the United States. Great Britain is the best customer of the western wheat-grower, and the most certain mru·ket for our surplus provisions. Her own 1873.................................. .... .. .. .. • . . . 497, 320, 326 $188, 089, 522 70 1tf74.... ...... ...... ..... ........... .............. 415,924,580 grain feeds only her own farmers and country district. The United 1875...... 163, 103,&33 69 . .. • .. .. .. .. .. .. .. .. .. • .. • . .. .. • .. .. .. • • . . 3!36, 725, 509 157, 167, 722 35 States supplies her cities and manufactories-fully one-half of her people-with provisions and bread. Of a total import of 33,028,100 bushels of corn, 25,115,200 bushels The falling off in duties and imports has continued during the pres- came from the United Stat~. ent fiscal year. A comparison of the first months of 1875 and 1876 I ask for a reduction of duty because the only meritorious plea for shows a certain deficit in the customs-revenue ,receipts: protection is that infant industries need and are entitled to national aid. It is the old, old story. We beard it in childhood. It was the Dutiable excuse, if not the justification, for the high duty of 7-f per cent. in Nine months of- imports. Duties. the first revenue bill passed by the First Congress in 1780. The next generation heard the same song at the close of the war of 181~. Even then, however, this principle, ever to be remembered, was con- 1876.1875.................. .... ...... .............. .... .. 286, 447, 171 $119, 100,872 3l .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. • • .. .. • .. . • .. . .. . 243, 150, 785 113, 969, 596 26 ceded. PROTECTION SHOULD NOT BE PERHANENT NOR l'ROHffiiTORY. The diminution of customs revenues for nine months of 1876 below It was sixty years ago that the manufacturers of cottons and wool- same period of 1875, 5,031,276.05. A proportionate reduction for the e_ns, not co?-tent wit~ tben existing rates, came to Congress with peti- remaining three months will make the total falling off in duties twns for higher duties. Mr. Newton, the chairman of the Committee $6,841,701.40. o~ Commerce and Manufactures, reported upon them favorably, prom- The total Treasury receipts up to May 1 show an increase for the ismg ~bat " sho~d theNa:tional Government, pursuing an enlightened last ten months above the same period in 1875, although the customs and liberal policy, sustam and fostex the manufacturing establish- revenue fell still more heavily in April. IV-209 3330 CONGR.ESSION.AL RECORD-HOUSE. MAY 25, Total 1lrea.sury 1·eceipts up to May 1. APPENDIX. Customs. Internal reve- Total revenues. Prices of Scotch pig and English bar iron at Ne:w Ym·k, taken ft·om Tt·eas- nne. 'IU'mJs •repm·t 1863,·and subsequent t•eports; and prices of A.muican mils at Philadelphia, f1',-'d .... ..:.·~ Q ·$~<"GOO $~~~§$ <1=1"' Q 0 ~~ Q ] ~ 0 ~'d Q~ ID 0 E-i ~ E-i December 31, 1865 .•••••••••••••••••••••••••••••••••••••••••••••••..•.••••••.•••••••.. $641,172,921 62 $60, 667, 000 00 .................... . ~. 636, 098 00 $938, 476, 019 62 ..................... ........................ 298, 58&, 419 00 I IIi!l~l\ l\ i\i\ \i\it: :~: : : : : : : : :;: : : : :t: \: : \i IiII 854, 688, 843 07 31,000 00 $23, 265, 000 00 299, 1::!46, 206 00 767, 971, ~25 f:l5 13,000 00 55, 865, 000 00 299, 147, 56!l 00 150, 314, 238 3\1 12,000 00 45, 545, 000 00 "2!19, 629, 322 ou 743, 804, 297 '18 5, 000 00 43, 550, 000 00 304, 956, 849 00 74.6, 735, 516 38 5, 000 00 22. 025, 000 00 327, 727, 306 00 748, 973, 266 77 December 31, 1875 .••.••••••.•••••••••••••.••••••••••.••••••••••••.•••.••.•••••••••••• 416,501,269 97 ::::::iii! 5, 000 00 5, 000 00 5, 000 00 5, 000 00 4, 145,000 00 :H3, 102, 812 00 5, 000 00 348, 819, 036 00 5, 000 00 351, 858, 250 00 5, 000 00 344, 391, 896 00 752, 306, 2:j3 12 776, 436, 942 90 780, 841 600 83 760, 903, lll5 97 ~' I» •• Q • '1>. 1>. 1>-td rilai ID - '1-<'0 ~ l=l~-:! ~tD"""' 8 ,.O't:l'"' -;;;~..c 0 01=1 as~ ~~'g~~ -6 p.Cll 1>. ~=~~tO 21-< §<'4 ~@ §~.Q ai .-o'd:SfJ ~~- ..c E-i..c ~~j~~ oro IXl,:d tO -;·~ g'S O't-I'Q:l ~'d.Q g~ ~-;;; :3.~ ~goO ~~~ ~ d) .Q ~~~ cilo:ll>. Qci!O ~~ q.;IXlt.O •Q l=l =~-·... $ 8gJ~~ ~~ tr£~ • oal.!d ""~~ :;1:3 Date. Q altO~ cG '+-l~:;::lo:l l=lo:l ~~~tiJ ,piP 1-< -+"IP §E-i..c ~c! ~~ ~ ~-~ ~ 1>, tO gcil §E:l pi=! 0 1=1 ~-~ s..o o:ll-< ~ 1=1• -o""=~ 2~Q a~>-: e~ oro $ &3~+-~ ::Sci "" -~>";,.Q 0 §Jo-oSt §~~~ a! ';;I ..:.~~tO~ -<;'~~~ <'4..0 :1~-<.Q~ ..q 0~ o.Q o.Q Q ..q E-i H H E-i E-i December 31, 1865 .••••••••••••••••. $208,252,9!'10 82 ....................... $208, 252, 990 82 . .................... $70, 542,_ 872 75 $70, 542, 872 75 $278, 795, 863 57 $659, 680, 156 05 December 31, 1i!66 .••.••••••••.•.••. 125,312,231 64 $32, 047, 250 00 207, 359, 481 64 . ......... ............... 35,103,740 66 35, 103, 740 66 242, 463, 222 30 612, 225,630 77 December 31, 1867 .••••• .•• . .. .... .. 133,151,208 7t! 48, 242, 030 00 181, 393, 2~8 78 ........................... 27, 103, 737 37 27, 103, 737 37 208, 496,976 15 559, 474, 849 70 December 31, 1868 . • • • • • . . • • . • . • . • . . 105, 204, 570 06 52, 015, 000 00 157, 279, 570 06 .................................. 26, 360, 331 37 26, 360, 3J1 37 1~. 639, 901 43 566, 674, 336 96 December 31, 1869 ..••••.••••••••••• 106,026,137 75 43, 820, 000 00 J 49, 846, 137 75 ............................ 26,497,870 f:l5 26, 497, 870 85 176, 344, 008 60 567, 460, 288 58 Decem bar 31, 1870............ • • . • . . 99, 733, 113 89 41,845,000 00 141, 578, 113 89 ............................ 45, 817, 442 14 45, 817, 442 14 187, 395, 556 03 559, 339, 960 35 December 31, 1871 .................. 106,090,211 89 21, 400, 000 00 130, 490, 211 89 .......................... 27, 755, 114 70 27, 755, 114 70 158, 245, 325 59 5!:10, 727, 941 18 December 31, 1872 . ••• • • . . . • . • . . . • . . 124,263,267 32 4, 185, 000 00 128, 448, 267 3-2 25, 370, 000 00 14, 132, 941 99 39, 502, 941 99 lfi7, 951, 201) 31 584, 355, 023 81 December 31, 1873 ...•.•••••••...••. 132,410,139 o. ............................ 132, 410, 139 03 36, 720, 000 00 16, 195, 566 71 52, 915, 566 71 185,325,705 74 591, 111, 237 16 December 31, 1874 .................. 107,529,795 74 ................ 107, 529, 795 74 41, 200, 000 00 34, 101, 412 84 75, 301,412 84 182, s:n, 208 58 598, 010, 392 25 December 31, 1875... •• . • • • •••• ••• •• 90, 792,290 10 .................... ~0, 792, 290 10 35,175,000 00 39, 734, 675 69 I 74, 909, 675 69 165, 701, 965 79 595, 201, 200 1~ * The amount of legal-tenders held by the Treasury as a special deposit should really be added to the amount held by banks, as it is only held by the Treasury for the banks. . During the delivery of the foregoing speech, . The CHAIRMAN, (Mr. WIKE.) The time td which the debate was Mr. FAULKNER (at two o'clock and fifteen minutes p.m.) said: limited bas expired. I believe that the two hours assigned for this discussion by the House Mr. FAULKNER. The House assigned two hours for the discus- have now expired, and I move that the committee rise. sion of this bill in Committe~ of the Whole, and that time has now Mr. BURCHARD, of Illinois. I cannot yield for that motion during expired. my hour. Mr. BURC~n. of Illinois. I hope the gentleman will allow mo 3332 CONGRESSIONAL RECORD-HOUSE. MAY 25, to finish my remarks. I do -not think I shall ask an extension of time ment- of the contesteil-election case of Spencer vs. Morey coming over beyond my hour. from yestl}rday for two hours to enable t.he Committee on Foreign Mr-. TOWNSEND, of New York. I certainly hope the motion that Affairs to make a nna,nimous report and such a-s they have been au. the committee rise will not be insisted upon. The gentleman from thorized by a suspension of the rules of the House to make on this Illinois [Mr. MORRISON] who preceded the gentleman now occupying day. the floor bad his time extended. Mr. HARRIS, of Virginia. I hope the House will proceed with the Mr. F AUL~ER. Is the gentleman aware that the House ~y its Louisiana contested-election case pending before the House. . positive order fixed the time which should be allowed for tbiB dt3- The SPEAKER. The gentleman from West Virginia, by order of l>ate T the Committee on Ji..,oreign Affairs, moves that the HotlSe further post- The CHAIRMAN. The Chair announces that the time to which pone the consideration of the business of yesterday for two hours in the debate was limited by the House has expired, and can only be order that it may proceed to the consideration of the report of that extended by unanimous consent. committee in the case of the investigation into the conduct of the Mr. BURCHARD, of Illinois. My hour has not expired. minist,er of this country to Great Britain. The CHAIRMAN. But the two hours to which the debate was lim- J\1r. GARFIELD. ls the report of the Committee on Foreign Af- ited have expired; and the gentleman from West Virginia [Mr. fairs in print T FAULKNER] moves that the committee rise in pursuance of the order J\1r. FAULKNER. It is. of the House. The gentleman from Illinois [Mr. BURCHARD] will be Mr. GART<~IELD. I hope, tl1en, we will have time to consider it. entitled to the floor for the remainder of his hour when the House Mr. HARRIS, of Virginia. I demand a division on the motion of again goes into Committee of the Whole. the gentleman from West Virginia, and I hope we will be al1owed to Mr. BUCKNER. I hope lmanimous consent will be given for the proceed with the contested-election case from Louisiana and have a gentleman to conclude now. . vote upon it to-day. Mr. KELLEY. If the committee should now rise and I should be The House divided; and there were-ayes 101, noes 57. recognized in the House I will move that the time be extended so as So the motion was agreed to. to aJlow the gentleman from Illinois to finish his speech now. MESSAGE FROM THE SENATE. The CHAIRMAN. The gentleman from Pennsylvania[Mr.KELLEY] asks unanimous consent that the gentleman from Illinois be permit- A me8sage from the Senate, by Mr: SYMPSON, one of their clerks, an- ted to complete his remarks at this time. Is there objection T . nounced the passage by that body of an act (H. R. No. 755) for the Mr. FAULKNER. I insist on my motion that the committee rise. relief of Jackson T. Sorrells without amendment. The motion was not agreed to. ·· It further announced the passage of an act (B. R. No. 1800) for the The CHAIRMAN. 'fhe committee refuses to rise, and the gentle- relief of Kendrick & Avis, Kuner, Zisemann & Zott, Kuner & Zott, all man from Illinois is entitled to the floor. of Saint Louis, Missouri, and Nachtrieb & Co., of Galion, Ohio, with Mr. O'BRIEN. I do not propose to interrupt the gentleman's speech amendments, in which concurrence was requested. at all; but as the committee bas declined to rise pursuant to the THE EMMA MINE. :-der of the House, I wish to inquire how long it will be compelled The SPEAKER. The further consideration of the unfinished busi- t o sit. [Laughter.] ness of yesterday is postponed for two hours, and the gentleman from The CHAIRMAN. That the Chair presumes will be at the pleasure West Virginia is entitled to the floor. of the committee. Mr. FAULKNER. I yield the floortomycolleague on the commit- Mr. FAULKNER. I rise to a question of order. Is it competent tee from the State of New York [Mr. HEwirr] to submit the report for the Committee of the Whole to extend the time for discussion in the case of the Emma Mine. contrary to the order of the House ! . Mr. HEWITT, of New York. Mr. Speaker, by unanimous vote • The CHAIRMAN, (Mr. SPRINGER having resumed the chair.) It of the Committee on Foreign Affairs I present the following report is competent for the Committ~e· of the Whole to rise at any time; and the evidence taken in the case under the resolution of the House but it has refused to rise; and the gentleman from. Illinois has now to investigate the connection of General Robert E. Schenck, minister the floor. to the court of Saint James, with the Emma Mine. .Mr. FAULKNER. Is be entitled to the floor for furt,h er discussion The Clerk proceeded with the reading of the report. when the time to which the House positively limited debate has ex- Mr. GARFIELD. I will interrupt the reading of the report to make pired Y a single suggestion. The report is evidently a long one and the Clerk The CHAIRMAN. Debate is out of order; the gentleman from is reading from manuscript. I understaml. the gentleman from New Illinois is entitled to the floor. York in charge of the matter desires to make a speech, and I there- Mr. BURCHARD, of Illinois, resumed his remarks. When his hour fore suggest the further reading of the report be suspended with the had expiJ:ed, but before he bad concluded his speech, exception of the reading of the conclusions at which the committee Mr. FAULKNER moved that the committee rise. have arrived, and then the gentleman can go on and make his speech! if Mr. TOWNSEND, of Pennsylvania. I trust the gentleman from he desires to do so. Afterward the report can be ordered to be printed, Illinois may be allowed to conclude his speech. His colleague [Mr. so the House before taking action can have the whole report before MORRISON] had his time extended. it as well as the gentleman's speech. That will be, I think, fairer to The CHAIRMAN. The gentleman from Pennsylva:Qia asks un:1Di- all concerned. mous consent tbat ·the gentleman from Illinois be 'lllowed to proceed The SPEAKER pro tempo'te, (Mr. Cox in the chair.) Is there ob- with his remarks. Is there objection T jection to that suggestion T Mr. FAULKNER. I insist on the motion that the committee rise. Mr. Vv ALLING. Yes; I object, as the House wishes to hear there- The motion was not agreed to. port, and I object to passing it over without reading. The CHAIR MAN. Is there o~j ection to t.he gentleman from Illinois Mr. HEWITT, of New York. I venture to suggest, as the report is proceeding with his remarks. The Chair bears none. really very long-- Mr. BURCHARD, of Illinois, resumed and concluded his speech, as .Mr. GARFIELD. Let it be printed in full in the RECORD. already given. Mr. HEWITT, of New York. Of course it is not expected it can Mr. FAULKNER. I move that the committee rise. receive the undivided attention of the House, and it seems to me the The motion wa-s agreed to. object will be gained by allowing it to be printed, only reading the The committee accordingly rose; and the Speaker having resumed conclusions of the committee, and upon that the debate may take the chair, Mr. SPRINGER reported that the Committee of the Whole place. · on the state of the Union having had under consideration the Union Mr. WALLING. I do not desire to take the time of the Bouse un- generally, and particularly t.he bill (H. R. No. 3132) to revise and necessarily in reading the report, but if we are to vote on the resolu- simplify existing laws imposing duties on imports n.nd to reduce tax- tions which are the conclusions of the committee, the H(\use should ation, had come to no resolution thereon. · be placed in possession of the information to enable ns to arrive at a RECEIVERS OF NATIONAL BANKS. \ correct vote, and we cannot do so without heariug the report read The SPEAKER announced the appointment of Mr. Cox, Air. WIKE, in full. and Mr. KAssoN as the committee of conference on the part of the M.r. GARFIELD. I made my suggestion with the expectation as a House upon the disagreeing votes of the two Houses on the bill (H. matter of course the committee will not on so grave a subject as this . R. No. 2441) authorizing the appointment of receivers of national compel ns to vote until we have seen in priut the report which they banks, &c. have made. I take it the gentleman from New York will not expect us to come to a vote on the mere reading of the report. That seems ORDER OF BUSINESS. to me would not be any body's opinion of fair play. In order to save Mr. HARRIS, of Virginia. Last evening at the adjournment the time Jet the conclusion of the report be read, and then let the report Bouse had unuer consideration tbe election case of Spencer vs. Morey, be printed. Let the gentleman make his speech, and when the rest from the State of Louisiana. This morning, soon after the reading of us see it in print, at some subsequent day, we can come to a vote. of the Journal, the gentleman from Pennsylvania [Mr. RANDALL] Mr. SPRINGER. I am informed that the gentleman from New moved to postpone the.unfinished bus; ness for two hours. 'l'hat time York who has charge of this matter does not desire to press it to a having expired, I now propose to proceed with the consideration of final vote to-night, and there can be no objection to the suggestion that case; and I yield the tloor to the gentleman from Iowa, [Mr. Mc- of t he gentleman from Ohio, that the report be printed in the RECORD, CRARY.] and onl:v the conclusions read from the Clerk's desk q,t this time. The SPEAKER. For what purpose does the gentleman from West The SPEAKER pro tempore. Does the gentleman insist on his ob- Virginia [Mr. FAULKNER] riseT jection f Mr. FAULKNER. I 1·ise for the purpose of moving the postpone· M1'. McMAHON. Mr. .Speaker, the gentleman upon whom reflec- 1876. CONGRESSIONAL R.ECORD- HOUSE. 3333 tion is made by this t·eport, I un~erstand, is a constituent _of ~ino at time extraordinary efforts had been made to produce a.larjre yield of ore from the the present time, and I hope so rmportant a matt~r as this Will not mine and tbat the prouuct. of the four mouths from 1st May to 1st S'e,Ptomber (pa!,!e 67>!) ~as muclllarp;or t-han it had e~r been before or ever was afterw~d. All the ue brought. in to be acted on upon the !Here ro~vn for commit·, tee to bring this ton, vote to-day, unless every mem~ler _of_the their suucess in bringiDg out, or '' tlonting," as it is called, new companies upon the House is prepn,red to vote upon it. On the contmry, wh~le 1t 1s n, English market. After some negotiation, covering the month of October, 1871, unrtnimour; report, it is the unrtnimous wish of the committee thn,t Albert Gra.nt agreed to take up the enterprise, for rca.c;ons which he ha-s given to the public iu a circular dated January 5, 1>376. which appears in full in the state- e\·ery opportunity shall be given to the members of this House to reall ment of Albert Grant attacheu to the evideuce herewith submitted. (page 31.) In the report, to comprehend the findings, and to vot~ int~gently. And this statement he f:lays, after referring to the report of Professor Silliman, also in- the suggestion made by the gentleman from Oh10 will be cheerfully cluued in the evidence : accepted. ":Being thoroughly satiRfied with this report, I made an arrano-ement with MMsrs. Park and Stewart to aid them with my inlluence in obtaining t'he capital necessary The ~PEAKER p1·o tempo1·e. If there be no objection the report to enable the company to acqnire it, the price the.v required for the mine being will ue printed at length in the RECORD; and it is the understandin cr one million stering, half of which they stipulated to take in shares of the company. that no ,~ot.e shall be taken to-night. "In adllition to the evidences of bon(hjides before referred to, Mr. Park informed Mr. MoMAHON. With that understanding I withdraw the objec- me he hacl reason to hope and believe that the American mini~:~ter, General Schenck. would if requested, join tho boarrlof directors; adilin'' that he knew something of tion. . the lll'~perty, and was disposell to invest some conRiaerahle amount in its shareR• The SPEAKER p1·o tempore. The Clerk will read the conclusion of anlll\Ir. Park a~:~kell rue whether this fact wottltl he favorabl,y looked upon. I tolu the report. · . him that it woulU be very satisfactory' to every one about to be connected with the company. auu especia:J.lyto myself, as, I aclcled, I felt certain it would in~pire couti- The Clerk read the concluding portion of tho report, which in full dence in the unllertakmg, a!!, from tho welllmo~>u honorable character of the Amer- is us follows: ican minist~r, it was J?-Ot t~ be snpposed for ~ moruent tha~ he w~ul1l ha:v~ lent the wei,.,.ht of h1s name, gtven 1u atldition to the mfiuence of h1s official pos1t10u, to tlJn The Committee on Foreign Affairs respectfully beg leave to submit the follow- und~.rtaking; in t-he good faith of which he did not implicltl.v believe. ing report.: . . . "This proposal for General Schenck to join the bo,u·ll was couclusive to me, as it On the 28th day of February, 1876, the Honse adopted 1. resolution m the followmg would have been to anyboily else, however cautious or exporionccd, as to the words, (page 1 :) . entire trustwort-hiness as an honorable man of Profe8sor Silliman ; of the good "Rrsolved, That the Committee on Foreign Affairs be authorized and instructed faith and respectability of MesRrs. Park anrl Stewart, who were themselves to join to inquire further into the c~nnection of the Uni~ed States minister at t~e Court of tho boarfl, ani!, as Ibelie>ed, entirely co•erin,g any moml responsil.lility I migllt St. James with the Emma Mme, so called; that 1t have power to send for persons assume in u~:~ing the influence of my position to a~s~st tho vemlo.r~:~ iu obtain in!! the nn1l pav,ers; and leave is given to said committee to sit llnring the sessions of the capital for the company. That was my fued opllllon then; 1t 1s not less my fixed llouse.' opinion now." The coiTespon-'ence which had taken place in reference to this subJect between It will tbus be seen that Albert Grant alleges that he was incluoerl to undertake" to thl• Secretary of State and General llobort C. Schenck, the minit;tcr of the Unitcll float" tlle companv upon the English market becanse tho Am01·ican minist,er had States at the Court of St. Jame!l, anu tho communication of the St>;cretal'y of State agreed "to join the board of directors" anu to lenrl "the wei~ht of h1s name, given in accompanyi11g the corr-espondenco1 had been previously referred back by the House auuition to 'the influence of his oftlcial po::;ition," to the undertaking. The evidence to tho comruittee for further consuleration, (pap;es 4-9.) croes to show also clearly, but not of courMe ab8olntdy, that no one else but Grant & This corTe:-~llonilence developed the faut tbatfu the month of November, 1.871, the 5o. conld have successfully sold a mille at that time in the English market, which American ntini8ter at the Conrt of St. James hacl become a stockholller and a ili- was not then favorable for the sale of mining property. Park. however~ swears that rec.t or of the Emma Sil•er Mining Company of London, a corporation formed in the arran,.,.ement with Grant was verlr.llly completed before he appliea to General Great Britain, the r.ountr;y to which be was acm·edited, for theJ~urchase of ~ J?liue Schenck 'to become a director, alt~:wug;h he ha1l previou..U~ agreed ~o take stocki in the United States, wbu·h be represented as envoy extraor mary and mm1stcr but he admits that the contract w1th Grant, & Co. wa.'i not s1gnell until after he hart plenipotentiat-y. So£!"' .as the commHte~ ha:re bee? able t?uscert~in, (and they }Je- procnrefl the consent of Gt;neral S~hen?k t? ioin the board of dir~ctors. Itwonld lie•e it to be true,) th1s 1s t-h e first occaswn m whluh a diplomatic representative seem therefore that Grant Is sustruocd 111 b1s statement that. be di· of the vendors. lomatic functions and theDlll.i:ntenance of a position of honor and usefulness at h1s Thereupon a prospectus, dated November 9, 1871, (pages 69-74,) was issued, in- post of duty. If the . colliiDlttee . ht ~ are r1g . t h e1r . VIew . . . sob m1'tte d to th em, 1't w1·u of th e mqrury viting proposals for the ~:~.took from thepubUc until the 16t-h November, when it ap-. }\Oars that shares were applieu for lar~cl.v in exoesR of the whole number advcr- be seen that the question of the real value of the Emma Mine has no special bear: ttsed to be sold. This proRpectus contams a list of directors, among which is the in~t upon the conclusions to be reached. They have, however, felt themRelves conl· name of "Major-General Robert C. Schenck, Uniteu States minister, London," and pclled to take a large amount of testimony on this subject, because e'l'idonce bear- in tbe bmlv of the prospectus occlirs Lhe following par-t_graph: mg upon that point had been taken prior to the arrival of General Schenck, who "Major-'General Schenck, on account of tho exceptJ.oual character of the under- thun•fore in~isted that it was necesl:!ary for his defense and vindication that fur- taking has consented to act as one of the dit1ectors.' ther testimony should bfl taken, and they wore unwillino- to deny to a man so long The prospectus cont.aius a ve1-y full statement of the property sold and tho re- aucl eminent in the public service an:y pTivjlego which'be mi!l;ht feel disposed to sources in hanll available for cash dividends, atiirmiag that these are 8Uillcient to claim. He has therefore had full liberty to prouuce ovidence giving the whole his- warrant cash divitlenus at the rate of It per cent. per month for twel>e months. tory of the enterprise, ancl the result, is the volume of eight hundrorl and seventy- In arlilition to these resources, the prospectus asserts that "the mine includes nine printed pages, which is herewith submitted to the House ars part of this re- about 13 250 tons of first-class ore, already developed in various parts of the mine, and dcs~ribed in Professor Silliman's report of the estimated net value of £357,750.'' po~m this mass of evidence, it appears that in the month of April, 1871, -Trenor The prospectus then states: W. Park and Henry H. Baxter, both American citizens, purchased one-half inter- "From the above arrangements and details will be seen the extra.orliinary char- CRt in the Emma Silver Mine, situated in tbe Territory of Utah, for the stun of acter of tbe propert.y that will be acquired by the company, ancl in what a totally $375 000 and snoseqnently one-sixteenth interest at tlle rate of $1,500,000 for the different character the Emma .Mino stands to almost every mine in which· the pub- wl1oie urine subject however to the claim then in litigation of James E. Lyon. of lic have been allowed to participate by subscription." Wisconsin, 'for one-third of the property, (page 463.) In this litlg!Ltion Lyon was For thi~:~ statement every tlireetor, including the American minister, was respon- represented as colllll:!el, by William M. Stewart, then a Senator of tho United States sible so far as his character and judgment were concerned. from tho State of Nevatla. In August, 1871, an a(!Tcement was malle between the If 'this statement had been trueJ 'then the resources "already developed" were owners of t,h e Emma :Mine anu Stewart, Mting as tbe attorney for Lyon, in pursu- sufficient for two yeai's' auditional ilividemls at the rate of 11:l per Cfmt. per annum, ance of which it was agreed that tho.property should be offered for sale and (page thus securing from both sources to the stockholders 54 pE>r cent. of the pru·<'hase- 51) the claim of Lyon finall:v niljustod; but it was expected anu representerl that money, without ::my further product whatever beyond the reserves already lle- the amount likely to accrue "to Lyon would be $5~0,000, as will appear from the an- veloped. nexed letter, which Stewart sent to Lyon at the time: The evidence shows (page 696) that dividends at the rate of 1! percent. per mouth • NEW YORK, A.ugt/JJt 5, 1871. were paid for thirteen IUonths consecutively, until December, 1872, Binco when no FRlENll LYON: Hillyer will start in about twenty minutes. He will explain to dividenus have been earned or paid, and therei~ no money on han~ still in the posseR;;ton of tbe companv, bnt tile selling tho property. The eviucnce showt; tha.t dm·ing the summer and up to this personal property has all been sold under execution issued in fu•or of :Mr. Park, 3334 CONGRESSIONAL RECORD-HOUSE. MAY 25, and has been purchased by him, and is now in his possession. Great losses and " Question. Did not you consider it a. very desirable thing to ha.ve the American consequent distress have thus fallen upon a lar~e number of innocent people who, mini~:~ter a director in the company 7 believing in these representations, had subscribed for the shares ; and probably no "Answer. I did.. fnilure of recent date has caused more general denunciation and btonght more "Q. Diu you not, therefore, make to him the proposition to take stock on terms oilinm to 1ts authors thau this unfortunate enterprise. which you (lid not offer to any one else 1 Such briefly is the skeleton history of the Emma Silver-Mining Company of Lon- "A. I did not make any offer to anybody else. don, as developed by the evidence submitted to the committ<'e. "Q. What was your motive in offering him better terms than anybody else got 1 The history of General Schenck's connection with this company, as disclosed by ".A. Because I wanted him in the company for reasons I have given. tlu:l e>itlence, would appear to be as follows: " Q. Because he was the .American minister1 About the middle of October, 1871, (pages 281-2e6) General Schenck marle the "A. Not solely for that. acqnaiutance of Park, in conir.any with Stewart, whom he had pre>iousl.v well "Q. That was one element in it 7 knovm in the Uuited States. The object of their vll!it to England was mentioned, "A. That was one element in it, of course. He was not only an honest man, but and a conversation ensued upon the subject, which led Stewart to sug-gest. to Gen. a prominent man, a man who was well known, who was prominently connected eral Schenck that he should purchase shares in the company about to be formed. with the Government for many years and who is now known as t.he American Un Schenck's reply that he bad no means to invest, Stewart suggested that "Park, minister. His name connected with anv enterprise would, of course, add strength owning a great many of the ~;bares, and being a man of wealth, could assist him if to it. There is no doubt about that. But I deny that that was my sole purpose. bo was so tl.i.l:!posed ;h and accordingly Park proposed to Schenck that he should This is not the first instance of my doing the same thing. I could name numerous become a subscriber in the company about to be formed to the e:x:tent of five hun- instances where I did the same thing with other parties, but not in the Emma. Mine." rlred shares, of the value at cost of £l0,000, with the unrlersta.mling that General The reasonable conclusion from this evidence is that it was deemed by Park and Schenck would not be required to provide any money, but tbat Park would let him Stewart most important to identify the .American minister wit.h the sale and man- have the amount for one year without interest. .As a further inducement for Gen. agement of the company, and that inducements were held out to him to secure his eral Schenck to take the stock, Park guaranteed that the dividends thereon should consent to become a Rtookbolrler which were not offered to any other director. amount to 2 per cent. per month while helll by said Schenck, and that be woulu at There is nothing, however, in the eviuence to show that General Schenck knew or any time, on the req_ue t of chenck, take back the sharc.>s at the par value thereof. suspected that any fraud was intenued or about to be perpetrateu upon the public, It was further prov1ded that Park might relieve himself from this guarantee at or tbat hi~, with the exception of twenty-five shares, soon afterward disposed of to a grave scruples, without consultation with the Secrt>tary of State, and having ac- friend." It is also to be observed that the note was not stamped., an omission cepteu pecuniary favors from the venllorR of the property, which disqualified him on .whwh neither Park nor General Schenck a~poar to have observed. The Rugc:os- moral grounds from assuming the duties of a trustee, he nevertheless did, in au- tion that General Schenck sbould become a director of the ooropanv is said by him vance of the sale of the stock, become a director of the proposed company, and to have been made either by Stewart or Park within a day or two after the execu- therefore, as the agent of the vendors, joined in the invitation to the :v.ublic to sub- tion of the~;e papers. Stewart says t.bat the proposition was made in the following scribe for its shares, (pages 312, 313,) without informing the subscnbers that his lanbruage, (page lb'l :) "General; wh:v cannot you be one of the uirectors 1 They divi«lencls ba1l lJeen guaranteed to him, aml that his shares bad been procured by have a Salary connected with each directorRhip; it is $2,500 a year; that will be vrevious arrangement, without any risk of loss to himself, from the fact that oue worth something to you, and you will have plenty of time to attend to it." Schenck of the vendors hau agreed to take the shares off his hands at any time at their replied: "I have not thought of doing a.ny such thing as that, but I will think original cost. He thus placed himself in a further false position with the public, !lbout it.". On :pag~ 102, Stewart says that the only "consiueration we suggested for the reason that he could make a profit onlv by the ::mccessful it~sne of tlle ~;bares, m connection With 1t was the salary he would f.fet if he became a director that is whether they should provo permanently valuable or not, while tho public were sure $2,500, which the rest of them were to receive.' ' to make a loss in case the representations of the prospectus should prove to be fo.l- Schtmck and Park do not appear to remember that the salary argument was used. lacious, while he could make no loss. He was in fact in the position not merely of Schenck says, (page 28l :) a ventlor, refTaining from the pulJlication of facts which might have been impor- "Arguments were presf'nted to me why I should be a manager. It was stated tant for the huyer to know, but of a trustee botmvernment as to the propriety of remaining in the board, and my own in what I believe very valuable property. Perhaps made mistake. Want had been advised to withdraw, and accordingly tendered his resignation. He did, only honorably and usefully to serve my Government and countrymen, but have however, just the opposite; he asserted that his resign!ltion wa..'l the result of per- not deemed it wrong to try to make something honestly for myself and family. sonal consideration ; and in re-indorsing the vemlo~ and the property, he aggra- Will withdraw from board, or do whatever you advise. Will not embarrass .A.llmin- vated the offense which had been condemned by the Secretary of State: .A copy of istration. this letter of resignation reached the State Department in the month of January, SCHENCK, London. 18i2, and, so far as the correspondence submitted to the committee shows, the mat;. Received 4.30 p. m., November 27, 1871. ter was there dropped. It will be observed that Gem•ral Schenck here alleges that for the shares which With regard to the preparation of this letter of resignation, the testimony is some- he held he had paid "dollar for dollar; " " that ho had raised means to invest ; " in wllat conflicting. Lyon swears, paf:e 58, that Park told him that General Schenck other words, that he had made a purchase of stock for cash. had written two letters of resignation ; that Park showed him the first letter and The truth is, as appears by his own testimony, (page 310,) that be ba(l never paid remarked, " I am going to have a better letter than that from the gener-al;" tha.t one dollar in money for the stock, but had given his note to Mr. Park for the whole a few days afterward he showed him q, second and modified letter, which was amount in advance of the issue of the prospectus. It is also apparent fl'Om his the one finally sent into the board of directors. Schenck in his testimony, page own statement that he had in fact no money which he couhl invest in the purchase 288, produced 'the rough draught of his letter of resignation, of which he says, "If of this stock; that it was in reality a speculation for which he borrowed from the you refer to the records of the Emma Mining Company you will find this to be in vendor the entire amount of the purchase-money in the expectation of making a hru verba the resignation which was presented aJJd acted upon," and . adds, "this profit out of the rise of the stock, but was guaranteed against loss in case it shoUld resignation was not prepared or written until the 6th." fall in the open market. In this respect, therefore, the t elegram was not an accu- On paae 336 he reiterates" tllat this is the onlyletter.whichisenttothe board;" rate statement of the facts The statement t.hat he "wa-s solicited by respectable but on comparison with. the actual letter of resignation (page :HO) it turned out .Americans to act 'vith gentlemen of known hi_gh character as directQr" was also that General Schenck was mistaken as to the rougli draught not having been more incomplete in not stating that these "respectable Americans" were the vendors of extensivelymodified than appeared upon the face of it; one sentence a ahnost en- the proJ,>ertv, who had loaned him the means to invest. tirely rewritten, in order to convey the impression that his resignation is not the To tbLS telegram General Schenck r eceived the following reply on the next cla.y : result of any incompatibility with his public or official tluty. So far as Park aml DEPAUT.llE~T OF STATE, Stewart were concerned this was a most material addition to the letter, in its bear- Washingtcn, December 28, 1871. in.,. upon tho sale of the reserved shares of the company. SCHENCK, Minister, Landon: f>n page 347 General Sch~nck testifies that he dill not think Park had made any draught of tbi~:~ letter of resignation. Although a public officer, you have the full right of every citizen to be a share- At a later date the committee received from London the actual letter of re.-signa· bolder, and t() invest your money in such honest enterpri.-ses as ;YOU think proper; tion sent in by General Schenck in his own handwriting, and a copy thereof in tho and neither the Gi>vei-nmentnor the public have any right tocritwise or to censure handwritin.,. 'of Mr. Park, who bad previously testified that to the best of his yon for so doing. knowledge and belief ho had never made any such copy·. General Schenck statell The advertisr.ment of the name of a diplomatic representative of the Government that in this copy there was nota sin~le word in his handwriting, (page 807 ;) on hav- as a director of a compan:y seeking to dispose of its shares in the country to which ina his attention called to the interlineations of two words, he incline~ to the opin- he is a.ccreilited is ill-aclvLSed and unfortunate, and is calculated to subject him to io~ that they are in his handwriting, and adds. "therefore I must have seen that criticism; but it is assumed that the advertisement of the mining company in the copy at some time;" and further adus that ''be (Park) may have taken a copy at London journ~s was not your act, but that of the agents of the company without the'very time I wrote it;" and finally concludes, 11 My attention being directed to consultation With you. those words, I am inclined to think tbat that copy may have been made by Mr. You are earnestiy advised to withdraw your name from the management of the Park and cornpare{l by me, and that where he had got it wrong from my original I company. may have corrected it." Subsequently (page 845) General Schenck says that he FISH, Ser:retary. cannot admit that one of these words IS in liis handwritin~. It is to be observed that the Secretary of State affirms the full riaht of General Mr. Park, ou the other hand, swears positively that the mterlineations are in his Schtmck to "invest his money in honet~t enterprises,., but distinctly disapproves the handwriting. but that he cannot recollect where, when, or wll;y be mad~ the copy, connect-ion "of a diplomatic represeutati vo of the Government a-s a directQr of a which previously he te.<~tified that he never ha.d any r ecollection of havmg made. company seekin.~ to dispose of its shares in the country tQ which he is accredited;" On the whole, the committee are of opinion that two letters of resignation were that he cha.ractelizes the advertisement of such connection as a director as "ill- prepared tbe one a rough drau~ht, wntten by General Schenck, and the other an advised and unfortunate, and calculateil to subject him to criticism;" and that he amended' copv made bv him after his conversation with Park, the second having assumes that the ad\'ertisement in t,he London journal~:~ was not the act of General been modified· from the first, in accordance with the sugg-estions of Mr. Park. As Schenck, but that of the a"'ents of the cornJJany, without consultation with him. this is an irnportant matter, showing the relations of General Schenck to Park at The testimony of General S'chenck shows that this was not the fact, bnt that the that time the exact language of Para is herewith inserted, (page 833 :) prospectus was issued ancl advertised with his full knowledge and consent. The 11 Gene;al Schenck bas shown you a draught which he made and the letter which disapproval of the Secretary of State was, therefore, by implication full and conclu- he afterward made from that draught. I think I saw one of them ; perhaps both sive. Finally, General Schenck is earnestly ad·dfled to withdraw his name from the of them. I think I saw one of them .. because General Schenck states that, as to management of the company. This dispatch of the Secretary of State is, therefore, one of them. when I saw~e statement that he proposed to retain his shares, I the official disapproval by the Government of the action of ita representat-ive in En- said : ' General, you do not want to commit yourself to that; you may want to sell glandin connecting himself as a. director of a company seek in~?: to sellit.-s shares in En- them. It will be sufficient for yon to sa.y wiiich you now hold.' I made that sug- gland, and left but one course open to General Schenok, either to resign as minister or gestion and from that fact I may ha.ve seen the draught, and it is possible I saw to rt'sign as director. The formal resignation of General Sch1mck as a director was the oth~r · but that I dictatetl a word of it, except that it should be upon the true sentinon the 6th of December, 1871, but was not made public nor, so far as the ground of' the reason for his resignation, so that it shouhl not injure the company dispatches show, communicated to the Secretary of State until the 12th of January or cast susricion upon it, anll making the suggestion that he should not bind him- following. This delay in the·publicat.ion was certainly unfortunate, a.s it left Gen- self to bolt the stock, has no foundation whatever." · eral Schenck lmder the imputation of playing into the hands of those who were Besides the original allotment of five hundred shares which General Schenck re- speculating in the stock and were interested in maintainin,!! its market value. The ceiveil under his contract with Mr. Park, he became entitled to a further allotment letter of resiguation, as finally sent in, was in the following form: of three hundred shares in the month of April, 1a72. These shares were subscribed (The Times, Friday, .Tannary 12, 1872.-Extract.] for carried and sold without any int.ervention whatever on the part of General LONDON, DecemlJer 6, 1871. Schenck beyond sirning the application and the usual transfer form in blank, which bL'\.nk appears to ffa.ve been tilled in with the name of C. M. Fisher, with whom DEAR SIR: I hereby resign my place as a director of the Emma Silver-Mining General Schenck is positive, however, he never bad any other transactions in reJ.a... Company, and request you to communicate this notice of the fact to the boarll at tion to the Emma Mine. These shares were sold shortly afterward at a profit of their next meeting. . £2, \:00, which was pail! in to General_Schenck'~ ?redit at .Tay Cooke, McCulloch & In thus withdrawing from t.be trust reposed in me, I desire to express to my as- Co.'s, but. by whom General Schenck IS not pos1ti ve. sociates in the manaJrement of the company my sincere aD(l hil!:h appreciation of In his testimony before the commissioner in London, General Schenck testifies each and every one of them as g~ntlemen of distinguished position a.nd character, (parre 27) that Mr.'Park draw the dividends; how, on leaving London, he is prosecution is the very reason why he should refrain from engaging forced to plead his diU).omatic privilege as his defense against the in any operations by which others may sustain loss while he is pro- service of a writ in a ciVil action growing out of his unfortunate con- tected from personal responsibility. Of all places in the public serv- nection with this disastrous undertaking; and how, finally, be reit- ice, it is the one in which self-denial is the most necessary: the most erates his inability to comprehend the false and unfortunate position conspicuous, and the most honorable. On the other hand, so delicate in which be is placed before the public by a series of ill-advised is his position that the slightest intimation from the power to which transactions in which it is charitable to regard his memory as at fault, he is accredited that his presence is unacceptable is be)d to be the and to look upon him as the victim of designin~ and unscrupulous warrant for his recall without demurrer and without explanation. men, leading and persuading him to an equal rum of repu_tation and It is true that foreign nations exercise a wise discretion on subjects purse. . of so much delicacy, and generally forbear to intimate dissatisfaction, 'l'hese materials serve to show how William M. Stewart, a Senator even when there is good ground for it; but this is all the stronger rea- of the United States, while acting as counsel for a client who had son why a proud and sensitive people should not be humiliated be- placed his interests unreservedly in his hands, with whom he had ar- fore the civilized world by the continuance in office of a representa- ranged for a contingent fee, which should have bound him all the tive who has fallen below that high standard of honor which we de- more jealously to guard the interest of his client, becam~ the pur- sire to maintain among the nations. "Cmsar's wife should be above chaser of that interest at a time and under circumst.ances when he suspicion." The honor of the ambassadors of the United States should could have computed its value with almost mathematical certainty not from their own acts become the subject of criticism in the news- at a price which gave to the client $150,000, which wa.s practically papers, the cJubs, and the social circles of the countries to which they the contingent fee, and gave to the counsel the larger sum, $275,000, are accredited; and above all, when admonished of a fault which would which should have gone to the ~lient; how this magnificent sum, be venial if promptly and pnblicly confessed, they should not aggra- which waa paid by Park to Stewart, not in pursuance of any express vate the offense by repeating it, as General Schenck did in his letter written agreement, such as usu'llly regulates large money transac- of resignation, suffered to go upon the records of the State Depart- tions even among the best of friends, but in accordance with an un- ment without prompt and just rebuke from the Government, which written understanding apparently based upon a sentiment of honor could only thus relieve itself from the responsibility of this :flagrant which has been formulated into the English language; how the legal violation of the well-settled usages of diplomatic intercourse and con- redress wisely secured by the law to the client under such circum- duct, whereby be proved himself unequal to t.be trust reposed in him stances was cut off by a further payment at a later date, which Stew- by his own Government and abused the confidence of that govern- artstigmatizes as black-mail, and a release secured, which, as a sum- ment to which he was accredited. mary of the whole transa.otion, as a legal curiosity, and a model form If this view of the subject be correct-and there would seem to be for lawyers who desire to secure protection from their clients, it is no possible escape from it-the responsibility for every hour of the well to preserve : disgrace which for more than four years has, out of this transaction, Know all men by these presents that I, .James Elia~ Lyon, of Racine, in the State rested upon the American name, and caused every right-minded lover of Wisconsin, in consilleration of the sum of $50,000 to me in hand paid by William of his country to blush for shame, is brought home to the Administra- M. Stewart, of the State of Nevada, now of Washington, in the District of Colum- tion, and there would be no occasion to make further comment on bia., the receipt whereof is hereby acknowledged, do hereby fully and forever re this unhappy business except for the purpose of showing the deplor- lease and discharge the said Stewart from all and every demand. claim, or right of action of every description that I have or may claim to have against him, wlietber able consequences which are sure to result from failure on the part legal or equit.a.ble, and especially from any and all claims, demands, or causes of of the Government to deal promptly and sternly with it servants for action of every description growing out of his rel.'l.tion as attomey or counsel or any serious violation of its own regulations, its instructions, or of the agent for me in the litigation concerning the Emma Mine, so called, and the vari· well-settled principles and long-established usn~es of diplomatic in- ous proceedings, negotiations, contracts, and conveyances concerning or connected with said Emma Mine, and the property thereto belonging, and the conduct, man· tercourse, to the end that the repetition of such offenses may here- agement, and disposition thereof by him, the said Stewart, in every and all respects after become impossible and the fair fame of the American people and particulars. never again be tarnished by such disgraceful transactions. I do not In witness whereof I have hereunto set my name, and seal, at the city of Lon· forget the wise and witty French proverb, "Lavons Mtre linge sale don, this 18th day of May, 1872. .JAMES E. LYON. [SEAL.] en fantille;" but this linen was soiled abroad, and has so long been In presence of- worn in the face of the whole world that we have no choice but to OLIVER GAGER, ma.ko its purification as conspicuous and aa public a.s was the trans- 45 Albemarle Stt·eet, London. a.ction by which it was polluted. T. H. WRIGHT, • Consul-General Clerk, U. S. A., LondAJn. For this dreary and unpalatable task, necessary and profitable, how- ever, "for doctrine, for reproof, for correction, for instruction in right- How tbus was secured immunity from the claims of his client, but eousness," the materials furnished by the evidence submitted with not from the impartial judgment of the legal profession and of the the report are ample. , world. They serve to show how the embassador of the United States so far These materials serve to show finally how Trenor W. Park, "a mem- forgot his high station that he not only consented to become a director ber of the American bar, the president of the national bank at North in a company proposing to sell its shares in the country to which he Bennington, Vermont," and well known to the American public for waa accredited, but allowed his name and the official title of ''Ameri- his connection with the Mariposa Company, whose disastrous failure can minister" to go forth in the prospectus as the voucher of ita "ex- some years ago will not soon be forgotten by those who suffered; the ceptional character;" how, by subscribing publicly, according to his great author of all this mischief, with a skill which has nev-er been own statement, for £10,000 of the stock, apparently upon the same surpassed, going to London an entire stranger, but having carefully terms as the other subscribers, but in reality upon a private arrange- prepared the way by large shipments of ore and glowin.IZ accounts of ment previously made with the vendors, in which he put no money the production of the mine, within one short month secured the serv- at risk and was absolutely guaranteed against loss, the envoy of the ices of Albert Grant, the greatest manipulator of speculat.ive shares great Republic placed himself in the attitude of a "puffer" at an auc- of modern times, agreeing to. pay therefor a rate of compensation tion-sale; how he speculated in the stock of a corporation which he which may be small for him, but which in this country of primitive had thus helped to create a,nd (lirect; how he seerp.ed to be incapable not,ions would be deemed decidedly magnificent; how he provided in of drawing the distinction between investment and speculation; b,ow the-contract for sustaining the market pending the allotment, by pur- he associated one of his secretaries of legation in these speculative chases of the shares at fictitious premiums, so as to gather in the operations, and availed of the services of the other to watch the fluct- money of bona fide investors, a process said to be usual in England, uations of the stock-market and practidtlly act as his broker for the but which here would be regarded as little short of robbery; how sale of shares; how he records his opinion that it is a proper thing, widows and clergymen and half-pay officers, and others living upon not merely for an ordinary mn.n, but for an American minister "to annuities, were thus inducecl to invest their scanty capital in the hope sell stock short"-that is, to sell what be does not own-and expresses of securing permanent dividends at a high rate out of a.n enterprise h.is regret that he did not do so, and indemnify himself against loss said to be " exceptional" by the American minister, (let us be thank- by transferring it to some one else not hi possession of the informa- ful that such exceptional cases are rare ; ) how he ingratiated himself tion which he had ~eceived through private sources; how he so con- into the confidence of the American representative at the court of fuses his accounts of profit and loss that he canttot separate the profits Saint James so that within two short weeks he felt an irresistible which he actually did or might have realized out of his original trans- desire to shower benefits upon him, and to relieve him from the em- action with M:r. Park with the losses which he made in speculations barrassments arising from large expenditures Ollt of a narrow official in the stock having no relation to this transaction with Park; how he income ; how he inspired the minister with that charming confidence accepts credits upon the note which he had given to Park, the nature which accepts favors without suspicion that they are to be requited ; and origin of which he had no knowledge whatever except that they how he issues a prospectus containing statements calculated to per- arose out of transactions wherein he was at no risk; how he declines suade the most wary, but which turn out to be in mournful contrast further credits of the same character because he thinks that the limit with the actual issue of the enterprise; how, when he was about to of favors has been rea.ched; how he arrived at this conclusion only lose, by the resignation of the American minister, the main-stay upon after the public press had been filled with hostile criticism; how his which he relied for the sale of the remaining hdif of the shares of tho 3338 CONGRESSIONAL RECORD-HOUSE. company which had been tied up for a. time, he procures a letter, which men consecrated themselves to the public service, they utterly alme- was declared to be in effect better than to h:tve the minister remain gated all selfish purposes; when public officers rejected gifts as dis- as a director, wherein his own character is re-indorsed and the ~Teat honoring alike to the giver and the taker; when Presidents and great value of the property re-affirmed; how everybody who could asstst or officers of state as a rule retired to honorable poverty; when Frank- injure the successful perpetration of the sale was conciliated by" pulls,''lin with his modest income and his uncourtly costume, even though as the Senator from Nevada sarcastically describes them, upon the he had a thrifty mind, rejecting all thought of gain while employed funds collected from a confiding public, so that "by n. long pull, a. in the public service, wa.s held in more honor than the proudest em- strong pull, and a pull altogether," about a mjllion of dollars was ex- bassador of the proudest empire; when John Quincy Adams sold his pended in preliminary expenses, of which the great American bank- bank-shares before he would take his seat in Con~ress, lest his vote ing-house of Jay Cooke, McCulloch & Co. got a" pull" of 125,000; might be called in question; when members of Congress knew not how, when doubts bad begun to arise as to the continued prounctive- the mysteries of Credit Mobilier; when members of the Cabinet were ness of the property before the reserve shares bad been sold, he pro- selected because they were statesmen, ''honest, capable, faithful," cured the services of the vice-chairman of the company, Brydges- and not because of their skill in managing party politics; when to - Williams, esq., M. P., to make a personal examination of the mine by be summoned. into the public service wa.a a priceless honor and not an the payment of £5,000, and a call for or right to take two thousand opportunity for privat.e gain; when a civil-service system practically shares of stock at a price at which tho call could only be profitable existed in the Government, because it had not yet been formulated to the examiner as the result of a favora.u le report; how the favor- into the perfunctionary platforms of party; when a chanO'e of ad- able report was made, and the reserved shares were sold at a premium ministration did not inaugurate a disgraceful scramble for place, aud of £3 per share; how, when the public supposed these were still tied the fatal doctrine "to the victors belong the spoils" had not yet been up for months to come, they wer~ aU sold within two weeks of the invented; when the idea of a trust wa.s the subordination of the receipt by telegraph of the report ; how even the astute and accom- trustee and all his personal interests to the rightful claims of tho e plished Albert Grant was induced, by a process which no man can for whom he a,C}ted; when lawyers were not accustomed to speculate find out, to abate his claims for one-half the profits, and accept £1 upon the rights of their clients; when vendors were not suffered to per share in lien thereof; bow he was induced to give up his just profit uy false representations; when the honor and fame of the na- claim for £2,000 commission on the stock which had been allotted to tion were dearer and greater than the reputation or the fortune of General Schenck, and how the same was credited on Schenck's note any citizen; when degenerate men who were willing to barter away to Park, falling like mn.nna from' heaven; how Park bought and sold the national honor in foreign lands in exchange for private gains, the shares through dark and devious courses, coming out at the end however great, would have been gibbeted for the general execration. with a profit even on these transactions; how, when the shares were It is for this rea.son that the present investigation is of the gravest selling at over £20 apiece in London, he bought out his partners in importance, and it indicates a more healthy state of publio opinion, New York at less than half that price; how at the shareholders' meet- and it should be a matter of general congratulation that the commit- ings in London, which he attended, everything was made lovely for tee have been able by the exerci e of mutual forbearance and patience everybody, so that n~ one appears to hn.ve any legal ground against to come to a unanimous conclusion. No public mop.ey has been mis- him for indemnity, although dividends ceased a~e~ thirtee!l mouths, appropriated; bot the national honor, which is above all money, ha.a and the shares are now selling at twenty-five sh1lhngs ap1ece; how been tarnished, thoughtlessly if you will, but if so, by the mistake the whole business is uow involved in litigation on both sides of the and unconscious ignorance of a great public officer, who has not yet, Atlantic, so that Park declined, for fear of the consequences, to put after the lapse of four years, been properly rebuked by his own Gov- his accounts upon the record, or to testify as to the amount of profit ernment. which he realized from the sale of the shares; how libel suits are There are positions ·a nd circumstances in which ignorance is as mis- pending against newspap~s who hav~ ventured to express unfavor- chievous as crime; and I feel constrained and grieved to say that the able opinions in regard to an operation which has caused a greater connection of the American minister at the court of Saint James with sc1.ndal in the business n.nd diplomatic world than any transaction of the Emma Mine belongs to that category. We may pity, we may sym- modern times, to the specter of which the author of its being, Trenor pathize, but we must condemn, in order that the condemnation which W. Pa.r k, triumphantly exclaims: belongs to him and the Administration should no longer rest upon the Thou canst not say I did it; never shake consciences and the nn.me of the American people, and that it shall Thy gory locks at me. forever be impossible for this humiliating offense to be repeated by All this and mnch more of the same unsavory sort can be learned an embassador of the United States or fail to be punished by his from a perusal of the evidence herewith submitted; but these are Government. matters which only concern the American people, because they sefve Much of what I have s:1id, Mr. Speaker, might with more force, and, to show the injurious consequences to the fair fame of the United it seems to mo, with equal propriety, have been included in there- States arising out of the fn.ilure of the Government to deal promptly port. But the majority of the committee have deemed it better to and firmly with its minister when, by his becoming a director and by yield somewhat of their convictions, and make the report, as nearly his letter of resignation, he made the grave and irreparable mistake as may be, a colorless statement of the bets developed by the testi- of indorsing andre-indorsing the enterprise and the men who have mony, in order to secure what they regard as of inestimable value to caused this great disaster and this greater reproach. the rising generation of the country, the example of a unanimous re- What the Government failed to do the American people demand port, made without regard to party affiliations and prejudices, upon of their representatives, the stern condemnation of this departure a subject which concerns the reputation and dignity of the nation fromthetraditionsof thefathersand the .accepted usages of diplomatic before the civilized world. Any other report would be open to the life, especially because, to its credit be it said, it is the first symptom criticism that it was dictated by partisan feeling, and the condemna- in the foreign department of the Government of that general demor~ tion of conduct which has brought disgrace upon the nation, and alization which seems to have crept into every other branch of the might otherwise come to be regarded as a precedent, would neces- public service. sarily lose much of its value to the country, the honor and welfare of The Republic can now only be sn.ved by the exercise of stern, relent- which should be regarded by every well-wisher of his. race as infi- less, uncompromising virtue, refusing to surrender any question of nitely beyond aml above all party considerations. Parties are but principle, and swiftly and surely destroying in their very birth the temporary, and will surely perish with the changing conditions of germs of corruption which if allowed to live will surely sap the the times; but the nation will as surely survive forever, if we can foundations of free government, our great inheritance, and the chief preserve the spirit of virtue and patriotism by which it was created, hope of our posterity. and which should make us all willing to sacrifice party and preju- The people are therefore in no temper to allow sympathy with any dice upon the common altar of the country, and join in the universal man, however eminent his services anu long his tenure of public office, centennial prayer, "God save the Republic." and however much he may be entitled, by reason of his advanced 1\Ir. FAULKNER. 1\Ir. Speaker, I will not review any of the facts years or his impaired fort1me, to the tender consideration of this House, of this case. You have just heard the report read, and I len.ve the to interfere with the vindication of the name, honor, and majesty of facts as there stated to have their proper impression on your minds. the American people from the criticism of the civilized world arising It is a pleasing circumstance to me that not a bill or report or reso- out of the errors of judgment of its public servants or o·f the Admin- lution has so far come from \he Committee on Foreign Affairs during istration: The time baa come when the public sentiment demands the pre ent session of Congress which has not been unanimously more than economy, more than honesty; iii demands purity and self. concurred in by that committee. Such is the case with the resolution denial from its officials. The old generation of public men is passing now submitted for the adoption of this body. We have concurred away with the first century of the Republic. Few men are left alive in acquitting the late American minister of any knowledge of the who can date back to the time when this Government was founded fraud which inspired the Emma mine speculation, and which so by the virtue and the sacrifice of the patriots who achieved our inde- adroitly and successfully imposed it upon the British public; yet at pendence; but the sentiment of honor a:nd the spirit of self-denial the same time we condemn General Schenck for permitting himself which led them to stake "their lives, their fortunes, and their sacred to be made an instrument by designing men to mature and give char- honor" for the establishment of a government in which principle and acter to a private business transaction which has brought reproach purity should be the conditions of its existence still survive, and it upon American credit in all the bourses and exchanges of Europe. is a mistake to suppose that because they have grown rich and pow- While, therefore, we acquit him of all such knowledge of the real erful the people of this country have become enervated, shameless, or character of that transaction and of the motives of its promoters as corrupt. would in a court of justice make him a party to the conspiracy, yet The spirit abroad is the spirit of reformation. The people are de- we are equally decided in our conviction that the active aid and sup- termined to bring back that better era of the Republic in which, when port which, as the accredited representative of this nation, he gave 1876. CONGRESSIONAL RECORD-HOUSE. 3339 to that tmfortunate and disreputable speculation was an official im- tiona to the diplomatic agents in foreign countries'' has ever deemed propriety of the gravest character, which ought to receive the con- it nece&"lary to guard against such an evil by positiv-e instructioUB for demnation of this House. its prohibition. If General Schenck bad made himself familiar with the doctrines of All are familar with the wide distinction recognized by interna- public law, he would have seen that there has not been a public ju- tional law between diplomatic agents and consuls. Consuls are not rist since the days of Grotius who, if he touched upon this particular public ministers. They are commercial agents. They do not repre- branch of the subject at all, h::tS not expressed his decided condemnn.- sent their country. They are not entitled to the peculiar immunities tion of the practice of ambassadors anu ministers becoming engaged of ambassadors. No state is bound to permit the residence of foreign in the pursuits of trade or commerce, or in private enterprises of :my consuls. In civil aud criminal cases they are subject to the local law kind, in the country to which t.hey have been accredited. All pur- in the same manner with other foreign residents owing a temporary suits and occupations of that character are utterly incompatible with allegiance to the state. For many years it was allowable for consuls, the duties, position, and dignity of the representative of a sovereign and it was their ordinary practice, to engage in mercantile, financial, power. Such employments must not only withdraw his time anu at- and commercial pursuits. But experience has developed the evils tention from the peculiar and responsible duties which devolve upon which have resulted from this practice even in the case of consuls, him, but they impair his social and public standin~, and often lead and thirty years ago Congress passed a law prohibiting every consul- to humiliating exhibitions in the courts of such formgn country. The general1 consul, or commercial agent acting under the authority of inviolability attached to a public xuinister is among the cardinal the Umted States to be interested in or transact any business as a principles of public ln.w. To surround him with that perfect inde- merchant, factor, brok('.r, or other trader, or as a clerk or agent for pendence and dignity which shoulU belong to the representative of a any such person, within the limits of his consulate or commercial sovereign power, his persou, his house, his office, his family and serv- agency, directly or indirectly, either in his own name or in the name ants, liis personal property, are all withdrawn f~;om the jurisfliction or through the agency of any other person; and he shall, in his official of the country in which he residP-s, and are placed under the protec- bond, stipulate as a condition thereof that he will not violate this tion of international bw. Nothing can more signally illustrate the prohibition. general sentiment of the enlight-ened world in discountenancing Now I am well aware that there are some considerations which, in !lraotices of this kind in diplomatic agents than the doctrine recog- view of the nature of their functions, would make these provisions of nized in the court.s of this country and England, and in every other law more appropriate to consuls than to ministers, yet the spirit of tho court ofjnstice in Europe, that if a minister departs from the proper law is here developed, and in fact only restricts consuls from pur- sphere of his duties, and en~ages in the pursuits of trade and com- suits, which the just construction of interna.tional law discounte- merce of any kind, he forfetts, as to all property so invested and ac- nances in ministers and embassadors. quired the privileges of his uiplomatic character~ and such property Mr. Speaker, it is with no pleasure that I shall cast a vote of con- becomes the subject of seizure by legal process like that of any other demnation against tha.t distinguished individual. He has :fill.ed many subject of the realm. This connection with private transactions important and prominent positions in this Republic. He is a man of drags him down from his high position as the privileged representa- many kind, noble, and generous traits of chn.raoter. I am even pre- tive of a sovereign power, and brings him to a level, so far at least pared to admit t.hat ''he has done the state some service." Yet it as that property is concerned-of an ordinary litigant in the country. matters not who may be sufferer, we must enforce purity, propriety, to which he has been thus accredited. and official dignity in our representatives abroad, and if a case is It is to avoid this unseemly descent n·om his high privileges as a brought to our notice where the proprieties of official position have mini ter accorded to him by international law, and to guard against been viobted, whether willfully or from want of due enlightenment, the disgraceful spectacle of seeing a nation's representative strug- we should rebuke the act that it may serve a-s a warning and admoni- glin~ iu the courts of a foreign country against grasping and enraged tion to those who may succeed them in the future. creditors, that the doctrine has been so impressively announced that 1\fr. HEWITT, of New York. I now yield to my colle:bgtle on the no minister can, without a gross violation of the proprieties of his committee, the gentleman from Wisconsin, [Mr. WILLIAMS.] position, become engaged in the pursuits of trade or commerce in the Mr. HENDEE. I ask the gentleman from New York [Mr. HEWITT] country to which he has been sent as minister. to yield to me for a. few moments. . If this be true as to the ordinary pursuits of trade and commerce, Mr. HEWITT, of New York. If the gentleman from Vermont has which are not objectionable in themselves, how much more aggra- some matter that he thinks it important to bring before the House vated is the impropriety when a minister assumes to patronize an es- at this moment, I will yield to him. sentially hazardoUB enterprise, originating in his own country and PREMATURE PUBLICATIO~ OF ..t\. DOCUME~T. transferred for the purposes of speculation to the country to which he is accredited; when he becomes a joint associate and partner in Mr. HENDEE. Mr. Speaker, I rise to a privileged question. I de- that enterprise; when he becomes one of its recognized and public signed t.o have presented this mat~ to the House at the earliest op- managers; when he unites in a prospectus embracing some very portunity on yesterday, but as I wft occupying the chair when the doubtful fa.cts, invitin,I the people of that friendly nation to invest motion to adjourn was made I was prevented from so doing. I desire their money in that speculation; when he gives the full weight of his to offer a preamble and resolution, but before they are read I will official character and position to the success of the scheme, and who, state that I offer them at the request of the Committee for the Dis- when he :finds that he and others have been deceived by the pro- trict of Columbia and a.lso at the request of certain employes of the moters of this speculation, seeks to retrieve his losses by thehaza.rds House who have charge of the committee-room, and upon whon re- of the stock board. Now, sir, General Schenck mi~ht not be per- flections have been cast, and from a sense of duty on my own part as sonally liable to have his body taken before the Brittsh courts while a member of this House. he was minister in London, yet no one can question that all the . The Committee for the District of Columbia have been engaged for shares of stoek that he acquired in that company (if after the 1st of the last four months continuously in an investigation of District af- January, 1873, they were worth the pursuit) might have been taken fairs. The testimony which that committee had been taking was under proper process of the courts, and the humiliating spectacle ex- closed a few days since, and the chairman, Judge BucKNER, on Sat- hibited of an American minister engaged in legal controversy in the urday last; I think, presented to the committee his personal views in courts of the country to which he had been accredited. writing as to what he considered the committee should report in the I doubt if a case has occurred within the present century where any premises. As there had been no discussion or consideration of the person holding the rank of .a European minister plenipotentia.ry has question by the committ-ee, it was requested and agreed that his connected himself publicly with any private enterprise in the country views, which were·in the form of a report, should not in any way be of his mis ion, unless it be the case of the Duke of Saldanha, the made public or come to the public notice; that as they reflected upon Portugue8e minister at the British court. This has been the only the official conduct of six or seven prominent gentlemen who were case which General Schenck has been able to cite in justification or holding public positions in this city, and inasmuch as it was not yet extenuation of his conduct, and it was that precedent which, as he a report of the committee, it. should be kept secret; but t.ha.t for the says, led him into the grave error which is the subject of our exam- benefit of the committee a limited nnmber of copies should be printed ination. But even that case, if it were a precedent worthy of notice, at the Government Printing Office. The employes of the committee- differs in many essential particulars from the EmQla Mine enterprise. room were informed of the :wtion of the committee in this regard, The concession to construct the Lisbon Steam Tramway Company was and the officers of the Government. Printing Office were also ·notified. an exclusive conces. ion made by the Portugue~:;e government to t.he A few copies were printed and brought in a very carefully sealed Duke of Saldanha himself, its ruinister; be was made in his own packet to the room of the committee and placed iu the hands of the country the president of that company ; and the sole purpose of his clerk. prospectus wa.s to solicit capital to construct an enterprise of great This was on Monday morning last. On Tuesday morning a full ab- utility and of no hazard in his own country. But t.his solitary depar- stract of the views of Judge BucKNER appeared in the New York ture from diplomatic usage cannot excuse the extreme impropri- Tribune, and on tlie afternoon of the same day the Evening Star, of ety of such acts and should not for a moment have been relied upon this city, contained a complete verbatim copy of his views as sub- by General Schenck as a precedent to guide him in the course which mitted by him as the report of the committee. It is apparent that he adopted in the Emma Mine enterprise. the views of Mr. BUCKNER, or a copy of them, must ha.ve been ta.ken I believe that no case has ever before occUITed in the history of the from the committee-room or from the Government Printing Office in Unit.ed States where one of. onr diplomatic agents has been charged some clandestine and improper manner or that the emploves of .t he with an impropriety similar to that now ascribed to the 1ate minister House, or of the committee-room, or of the Printing Office have been at London. This may well account for the fact that neither Congress guilty of some fault, neglect, or questionable act. by its legislation nor the State Department by its "personal instruc- Now, inasmuch as that document has been printed as the report of the CONGRESSIONAL RECORD-HOUSE. MAY 25, cmmnittu and has gone to the country through the press as the report eral waa taken from the Speaker's table, read a first and second of the committee, I wish to say in justice to the parties whose official time, 1ond referred to t.he Committee on Military Affairs. conduct is criticised in it, and in this most public manner, and in the CONTRACT WITH A. E. REYNOLDS. plainest language which I can use, that no report of that committee in the matter referred to bas ever been agreeu upon ; that there never The SPEAKER pro tempm·e [Mr. Cox] laid before the Honse a letter has been more tbnn one hour's discussion upon the subject. in any way, from the Secretary of War, transmitting a communication from the and that not even the first item of a report has yet up to this t·ime been commanding officer at Fort Reno, Indian Territory, relative to a con- agreed upon by the committee. For the purpose of investigating and tract for wood and hay with A. E. Reynolds; which was referred to ascertaining how th:~t document or a copy of it was obtained or taken the Committee on Expenditures in the War Department. out of the committee-room, or out of the Government Printing Office, LIGHT-SHIP OFF TRINITY SHOALS. or put into the hands of the newspaper men, I ofl'er the preamble and The SPEAKER pro tempore also bid before the House a letter from resolution which I send to the desk. I believe, sir, the secrets and the Secreta,ry of the Treasury, transmitting a communica.tion from the papers of t.he committee-rooms should be kept as snered and secure as Secreta,ry of the Light-House Board in relation to an a.p propriation the secrets and papers of this House, aud that summary ane a speech to-night. te~tlon ~t the hand~ of the committee. They should, in my judgment, be appro- Mr. HOSKINS. I move the House adjourn. pna.ted m whole or m pmt: The House divided; a.nd there were-ayes 71, noes 42. The Indians on the .Malheur reservation cannot be properly cared for for a. sum So the motion was agreed to; and accordingly (at four o'clock and less than $30,000. Unless money is provided for colonizing and supporting the Wichitas and other forty-five minutes p.m.) the House adjourned. a~iliated band~ roue? good work of the agent th~ will be lost. In a report re- ~en·ed fro!ll him th~s very month the statement IS ~ade that, with liberal provis- Ion for agnculturaliiDplements and tools, these Indians will be well-nigh self-sup- porting in a year or two longer. PETITIONS, ETC. No provision is made for the civilization and subsistence of Indians in the cen- The following memorials, petit.ious, and other papers were presented tral superintendency. For this purpose $10.000 was appropriated for this year and the present estimat.e is for $25,000. The 10,000 for this year has been su:pple: at the Clerk's desk under the rule, and referred as stated: men~ to the extent of $11,000, if I am rightly informed, by contributions from By Mr. COX : The petition of Henry Moore, for compensation for the F11ends, who have the superintendency under their special charge, and the property lost by reason of having it thrown overboard to lighten a whole amount of 21,000 has not been sufficient to keep open during the whole ship in a gale, while off Cape Lookout, to the Committee of Claims. school year all the schools now in operation. The very favol"\ble condition of the service iu the ce~tral st;tpermtendency lead~ me to express the hope that all of the By Mr. JONES, of Kentucky: The petition of Dennis Fiizgerald, :{lrogress thus gamed will not be lost by a failure to make the appropriation asked Felix Shannon, and other laboring-men of Washington City, for com- for this purpose. Some of the schools are now so crowded that scholars ha•e actu- pensation due them for labor and material furnished in paving and 3342 CONGRESSIONAL RECORD-SENATE. MAY 26, improving the streets and avenues of said city, to the Committee for estat~ of Rensselaer ~eynolds, deceased, and Gordon B. Reynolds, the District of Columbia. praymg for the extensiOn of a patent for improvement in brakes for By 1\:lr. PARSONS : The petition of Bradley & Gilbert and others, power-looms; which was referred to the Committee on Patents. of Louisville, Kentucky, for such legislation a.s will prevent injurious The PRESIDENT pro t&mpore presented a joint resolution of the competion by the Government in the manufacture and sale of enve- Gen~ral Assembly of Connecticut, in favor of an appropriation for the lopes, postal cards, and newspaper-wrappers, to the Committee on the contmuaJ!ce of work at the navy-yard near New London, in that Post-Office and Post-Roads. State; which was referred to t.h e Committee on Naval .Affairs. By Mr. PIERCE: The petition of Andrew C. Wheelwright, of Bos- REPORTS OF COMMITTEES. ton, that the name of the pleasure-yacht Lydia be changed to Sylph, to the Committee on Commerce. 1\Ir. MORRILL, of Maine, from the Committee on Appropriations, By Mr. ROSS, of Pennsylvania: The petition of manufacturers and to whom was referred tho bill (H.R.No.2571) making appropriations dealers in the city of Williamsport, Pennsylvania, against a1;1y change for the legisla.tive, executive, and judicial expenses of the Govern~ of the law regulating the manner of packing tobacco, to the Commit- ~en~ for the year ending J nne 30, 1877, and for other purposes, reported tee of Wavs and Means. It w1th amendments. By Mr. SEELYE: The petition of Robert Tramper, that the Secre- 1\Ir..WEST, from the Committee on Railroads, to whom was referred tary of the Interior be directed to pay, out of their own funds, for the bill (S. No. 687) to create a sinking fund for the liquidation of the the services and expenses of the delegation of the enstern band of Government bonds advanced to the Central and Western Pacific Rail- North Carolina Cherokee Indians now in Washington on bnsiness con- road Companies, reported it with amendments, and submitted a report nected with their tribe, to the Committee on Indian Affairs. thereon; which was ordered to be printed. By Mr. WIGGINTON: The petition of W. H. Workman and 700 He also, from the s~me committee, to whom the subject was referred others, of California, for such legislation a~ will secure the State title submitted a report, accompanied by a. bill(S.No.870)to create a sink~ to all lands listed to the said State in lieu of such lands as are, or shall ing fund for the liquidation of the Government bonds advanced to the be on final survey, within the limits of the .Mexican grants, to the Union Pacific Railroad Company. Committee on Public Lands. The bill was rea4 and pa.ssed to the second re:1dinu,a.nd 0 the report By Mr. A. S. WILLIAMS: Memorial of the Detroit (Michigan) was ordered to be printed. Board of Tmde, favoring the passage of the bill (H. R. No. 3266) fix- Mr. BOGY, from the Committee on Private Land Claims, to whom ing the rate of postage on certain mail matter, to the Committee on was referred the bill (H. R. No. 97} directing the Commissioner of the the Post-Office and Post-Roads. General Land Office to issue certificate of relocation for six hundred and forty acres of land in the Territory of Missouri to legal repre- sentatives of Samuel Ware, reported it without amendment. BILLS INTRODUCED. IN SENATE. Mr. CLAYTON asked, and· by unanimous consent obtained leave to introduce a bill (S. No. 871) to provide for the disposition 'of the FRIDAY, May 26, 1876. mili~ry reserva~on ~t Fort Smith, in the State of Arkansas, for the The Senate met at eleven o'clock a.m. erection of a pemtent1ary for the confinement of United States prison- Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. ers, and for other :purposes; whic~ ~as read twice by its title, re- The Journal of yesterday's proceedings was read and approved. ferred to the Committee on the Judi01ary, and ordered to be printed. HOUSE BILLS REFERRED. PETER WRIGHT AND SO~S. The following bills from the House of Representa.t.i-res were sever- Mr. MORRILL, of Vermont. There is a bill on the Calendar which ally read twice by their titles, and referred as indicnted below: has passed the House and been reported favorably with the unani- A bill (H. R. No. 2922) to authorize the Secretary of the Treasury mous concurrence of the Committee on Finance of the Senate. I to make allowances for compensation to collectors of internal reve- move that it. be taken up and considered at the present time. It is - nue who went out of office prior to February 8, 1875, upon final set- Hoose bill No. 2826. tlements of their accounts ; to the Committee on Finance. The m.otion w~s agr~ed to; and the. bill (H. R. No. 2826) to refund A bill (H. R. No. 8375) making appropriations for the naval service and remit certam duties to Peter Wnght & Sons wa~ considered as for the year ending June 30, 1877, and for other purposes; to the Com- in Committee of the Whole. It directs the Secretary of the Treasury mittee on Appropriations. · to refund to Peter Wright & Sons, of Philadelphia, the amount of A bill (H. R. No. 3495) for the relief of the mail contractors on duties paid ~y th~m upon the en~ry of three thousand and fifty bags route No. 19319, in Tennessee; to the Committee on Post-Offices and of potato fanna, rmported per shtps Vaderland and Nederland in the Post-roads. months of April and June, 1874, and to remit any claim on the part . . DECORATION DAY. of the United States for duties upon three hundred ba!!'S of the same 1 entered by the same parties in December, 1873, and February 1874 The PRESIDENT pro ternpore laid before the Senate the following which had been a~tted to entry free of duty; but from the akoont communication; which was referred to the Committee on Military of duties paid there shall be deducted an amount equal to all the Affairs: profits which bad been realized by Peter Wright & Sons upon the sale HEADQUARTERS DEPAR'OIENT OF THE POTOIIUC, GRA.NU ARIIIY OF THE REPUBLIC, GRAND ARMY fuLL, of the article so imported, to be ascerta,ined as the Secretary shall Washington, D. 0., May 24, 1876. direct. To the ho1UJ'J·a1Jle the Senate of the United States : The bill was reported to the Senate without amendment, ordered The 30th day of May is annually set apart as a memmial day for the- purpose of to a third reading, read the third time, and passed. decorating with fitting ceremonies the graves of our fallen corn.:i-ades who fell in the dofense of the Union. . TRANSFERS OF APPROPRIATIONS. lt is desirable that on this centennial year it should be a n~tional holiday and Mr. DAVIS. Yesterday morning from the Committee on Appropri- we respectfully ask your action looking to that result. ' It is the wish of the order that your body take a recess for that day, as an invi- ations, I proposed to report a House bill providing for the transfer tation is hereby tendered asking for your participation in the servioos by personal attendance. o! certain small items of appropriation for the Department of Jus- tice from one fund to another. The passage of the bill is requested Rilspectfully, &c., by the Attorney-General. It has passed the House, and been favor- B. F. HAWKES, Commander. ably considered by the Committee on Appropriations of the Senate. EXTENSION OF LEGISLATIVE SESSION. I now report the bill and ask for its present consideration. I think The PRESIDENT pro tempore. The Chair will here announce that there will be no objection to it. legislative business will be continued until objection is raised. Peti- By unanimous consent the bili (H. R. No. 3479) making certain -tions and memorials are now in order. transfers of appropriations in the provisions for the continuent ex- PETITIONS AND MEMORIALS. penses of the Department of Justice for the current year wa~ consid- Mr. ALLISON. I present the _petition of 909 citizens of Iowa ered as in Committee of the Whole. It amends the provision for the praying for an appropriation to complete the Fox River improve~ contingent expenses of the Department of Justice in the act approved ment, and for the construction of a canal along the Wisconsin' River Marc~ 3~ ~875, making appropriations for the legislative, executive, from Portage City to Prairie du Chien-1 Wisconsin, in accordance with and ,1ndic1al expenses of the Government for the year ending June the plan proposed and recommended by General G. K. Warren. I 30, 1876, by transferring to the appropriation for miscellaneous ex- move that this petition be referred to the Committee on Commerce. penditure the following sums from other specific appropriations: The motion was agreed to. $300 from the appropriation for "furniture and repairs," 300 from Mr. ALLISON. I also present the petition of 1,009 citizens of Iowa the appropr~at~on for "care .and subsi~tence of horses," and $200 from making a ).ike prayer, and move that it be referred to the Committe~ the appropnation for "reparrs 'to carriages and harness," making the on Commerce. amount so transferred 800. The motion wa.s agreed to. The bill was reported to the Senate without amendment, ordered 1\Ir. WINDOM. I present the petition of 811 citizens of Minnesota to a third reading, read the third time, and passed. making the same prayer, and I move that it be referred to the Com~ IMPEACHMENT OF W. W. BELKNAP. mittee on Commerce. Mr.l\IERRIMON, (at eleven o'clock and sixteen minutes a.m.) I The motion was agreed to. call for the regular order. 11-!r. KERN AN presented the petition of Henry S. Van de Carr and The PRESIDENT pro tempore. The Sen!Ltor from North Carolina. Elsie :M. Reynolds, of Stockport, New York, administrators of the calls for the regular order; and, pursuant to order, legislative and i876. CONGRESSIONAL RECORl}-HOUSE. executive business will be suspended and the Senate wiJl proceed to Mr. RANDALL. The committee will take care to ask for what they the consideration of the article8 of impeachment exhibited by the want. House of Representatives against William W. Belknap, late Secretary Mr. KASSON. Then let the resolution be referred to the Commit- of War. The Sergeant-at-Arms will clear the galleries and close the tee on the Judiciary. · doors. . Mr. RANDALL. I have no objection to that. The Senate then proceeded to the trial of the impeachment of Will- The resolution was referred to the Committee on the Judiciary. iam W. Belknap, late Secretary of War. RELIEF OF SETTLERS ON PUBLIC LANDS. The Senate sitting for the trial of the impea-chment of William W. Mr. DUNNELL, by unanimoUB consent, introduced a bill (H. R. No. Belknap having adjourned then resumed its 3573) to amend an act for the relief of certain settlers on the public LEGISLATIVE SESSION. lands, approved December 28, 1874; which was read a first and sec- On motion of Mr. CONKLING,(atfi.veo'clock and twenty-onemin- ond time. utes p. m.,) the Senate adjourned. The bill was read. It extends for one year after the expiration of the time named in the act for the relief of certain settlers upon the public Janda, approved December 28, 1874, all the rights and privileges granted by said act. HOUSE OF REPRESENTATIVES. Mr. DUNNELL. This act has the approval of the Committee on Public Lands, and is intended to grant another year of privilege and .FRIDAY, May 26, "1876. of grace to those counties in my own State and some others that have been afflicted by the locusts. I trust there will be no objection to it. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. Mr. RANDALL. Let the bill be read again. I. L. TOWNSEND. The bill was again read. The Journal of yesterday was read and approved. Mr. RANDALL. I hope the gentleman from Minnesota will give LOUISIANA L~VESTIGATION. some explanation of the bill. Mr. KASSON. I ask unanimous consent for the consideration at Mr. DUNNELL. I have already given an explanation which I this time of the resolution which I send to the desk, anil after it is thought sufficient. read I desire to make a. brief statement in regard to it. The bill was ordered to be engrossed and read a third time ; and The Clerk read as follows : being engrossed, it was accordingly read the third time, and passed. Resolved, That the Louisiana Investigating Committee while in New Orleans Mr. DUNNELL moved to reconsider thevote bywhich the bill was have authority to designate subcommittees to take testimony in the matters under passed; and also moved that the motion to reconsider be laid on the investigation by them by authority of the House, and such subcommitt-ees when table. appointed shall be committees of the Honse for that purpose, and the member first The latter motion was agreed to. named theroon shall be chairman thereof. TROOPS STATIONED IN SOUTHERN STATES. :Mr. KASSON. In the hurry of the adoption the other day of · the resolution in regard to the Louisiana Investigating Committee I en- Mr. COX. I ask unanimous consent to offer the following resolu- deavored to get the at.t eution of the House to the fact that it did not tion: comply with the provisions of the Revised Statutes. I failed in that Resolved, That the Secretary of War be respectfully directed to furnish to the endeavor. I have now brought the resolution within the provisions Honse of Representatives, at the earliest practicable moment, a statement of the number of troops now stationed in the States of Virginia, North Carolina, South of the Revised Statutes, which are as follows: Carolina, Georgia, Florida, Alabama, Arkansas, Mississippi, Louisiana, and Texas, The President of the Senate, the Speaker of the House of Representatives, or a and of what arm of the service; where they are stationed, and for what purpose; chairman of the Committee of the Whole, or of any: committee of either House of giving the whole number, and also the names of the varions regiments and compa- Congrrss is empowered to administer oaths to mtnesses in any case under their nies. examination. · Mr. KASSON. Let that lie over for a day. Consequently it is necessary that such subcommittees should not, Mr. COX. I withdraw the resolution. by our resolution be authorized to administer oaths, for we have not SEAL-LOCKS ON BONDED WAREHOUSES. that power to confer. The power can only be conferred in compli- ance with the provisions of the Revised Statutes by declaring the Mr. MORRISON, from the Committee of Ways and Means, reported subcommittees to be committees of the House. Then the law de- back a letter from the Secretary of War, transmitting information clares that the chairman of such a committee may administer · and papers in response to the resolution of the House of Represent- oaths, &c. atives dated April4, 1876, calling for copies of contracts relating to I have submitted the resolution to the chairman of the Judiciary seal-locks on bonded warehouses, and moved that the same be referred Committee, to the gentleman from Wisconsin, [.Mr. LYNDE,] who is to the Committee on Expenditures in the Treasury Department. a member of that committee, and to my colleague from Iowa, [.Mr. The motion was agreed to. McCRARY,] who tells me it is right, and that this is substantially ORDER OF BUSINESS. what they found themselves obliged to do in the 1-tst Congress under Mr. HARRIS, of Virginia. I call for the regular order. similar circumstances. .l!..,or the purpose, therefore, of making a cor- The SPEAKER. The morning hour commences, and the regular rect precedent, I move that this resolution be adopted, and that the order for this day is the calling of committees for reports of a private other be rescinded. nature. The morning hour commences at twenty-two minutes after .Mr. COX. I ask that the resolution may be again read. twelve o'clock. The resolution was again read. :Mr. HOPKINS. The unfinished business pending last Friday I now Mr. RANDALL. Does this resolution come from the Louisiana In- call up. There was a bill pending last Friday .which was not disposed vestigating Committee f of, and which is the unfinished business of to-day. .Mr. KASSON. The gentleman from New York will see that this The SPEAKER. That bill is on the Speaker's table as unfinished is the same thing in purpose and effect with the other resolution; business, and at the close of the morning hour it will come up and be bnt it brings it within the provisions of the Revised Statutes. the first business in order. Mr. RANDALL. There is just.one point about it; I wish to know Mr. BRIGHT. W onld it be in order now to move to go into Com- whether the Louisiana Committee presents this resolution or whether mittee of the Whole on the Private Calendar Y it comes from an individual member! The SPEAKER. It is in order for the Honse on this day to make Mr. KASSON. The resolution has been prepared by myself for the any order not inconsistent to the rules; it is competent for the House purpose of giving that power of taking testimony under the obliga- to go into Committee of the Whole on the Private CaJendar. tion of an oath. . :Mr. BRIGHT. I give notice, then, that at the close of the morn· Mr. RANDALL. I do not understand that the committee asks for ing hour I shall move to go into Committee of the Whole on the a1Jy additional power. Private Calendar. Mr. KASSON. The gentleman from PennsyJvania will observe from Mr. HARRIS, of Virginia. Why not make the motion now f what I have said that this gives no additional power. It is to give Mr. BRIGHT. There are some committees which want to report them the power they sought by the other resolution which they failed private bills to-day. . . to get. The SPEAKER. Then the call of committees will commence, and Mr. RANDALL. I ask that the resolution may be referred to that the call rests now with the Committee on Private Land Claims. committe~. . The SPEAKER proceeded to call the committees for reports of a Mr. KASSON. I hope the gentleman will hear me ont. The SPEAKER. Is there objection to the consideration of this reso- private nature. CHARLES H. JOHNSON. lution Y Mr. RANDALL. The committee will ask what they want. Mr. A. S. WILLIAMS, from the Committee on Military Affairs, re- The SPEAKER. Is there objection f ported back with a . favorable recommendation the bill (H. R. No. Mr. RANDALL. I object. 969) for the relief of Charles H. Johnson, late first lieutenant of the Mr. KASSON. Then I want to say that in case of indictment for Fifth Michigan Infantry ; which was referred to the Committee of perjury tbe person sworn cannot be ntucky in 1870, as a tax for keeper of bonded warehoUBe in December, 1869, and January, 1870. quired of him, at the instance of a few of the stockholders who had MICHAEL C. KERR, assumed control, they representing that they would be responsible Spealrer of the H Ottse of Representatives. for his capital stock. After this assignment these men managed to T. W.FERRY, buy up enough sha,res to force a sale, and though the inventor found President of tiM Senate pro tempore. parties to buy in his interest, he was refused an opportunity to sell I certify that this aet did originate in the Senate. it at any price. In this manner the inventor lost his entire interest, GEO. C. GORHAM, Secretary. and sunk beyond recovery his entire means. lN THE SENATE OF THE UNITED STATES, There is now an opportunity for him to exhibit this instrument at May 20, 1876. the centennial exhibition aB a great novelty, and as an American in- The President of the United States having returne887, granted October 14,1856; which was laidop. the table, .An aet for the relief of G. B. Tyler and E. H. Luckett, assignees of William T. and the accompanying report ordered to be printed. ~" . Cheatham. E. C. STEVENS. Be i.t en_acted by the Senat-e and House of Representatives of the United States of Amcrtea l.n Congrus assemllled, Th3:t the Secretary of the Treasury be, and he is Mr. FORT. I am d~ected by the Committee of Accounts toreport hereby, directed, out of any money m the Treasury not otherwise a.ppropriatetl, to IV-210 3346 CONGRESSIONAL RECORD-HOUSE. MAY 26, pay to G. B. Tyler and E. H. Ln~kett, assignees of W~lliam T. Cheatham,, the sum munioation, accompanied with a letter from the Commissioner of Internal Revenue of $164, in full for moneys wrondully collected from saul Cheatham by the mterna.l· which is also here given: ' . revenue collector for the second· district of the State of Kentucky in 1870, as a. tax TREASURY DEPARTMENT, for keeper of bonded warehouse in December, 1869, and January, 1870. Washington, D. 0., Janua1'1.J 15, 1874. MICHAEL C. KERR., Sm: as requested in the Senate resolution of the 5th instant, I herewith transmit Speaker of the House of Representatives. the papers in the case of W_ T. Cheathnm, distiller in the second district of Ken- T. W. FERRY, tucky, together with an opinion of the Commissioner of Int.erna.l Revenue as to the P·reside;nt of the Senate pro tempore. equity of refunding to the said Cheatham the swn of Hi4. The report of t.he Senate committee, upon which favorable action wa~ bad, reads Veryrespectfully, · as follows: WM. A.. RICHARDSON, Secretary. "The Committee on Claims, to whom was referred the petition of G. B. Tyler Hon. M. H. CARPEXTER, and E. It. Luckett, assignees of W. T. Cheatham, praying to be re-imbur. ed for President of the Senate pro tempore. certain moneys wrontdully paid to the Government as a distilloc of wbis1.-y, in The letter of the Commissioner is as follows: Kentucky, have bad the same under con.Mderation, and beg to submit the following report: TREASURY DEPARTMEYT, OFFICE Oil INTERNAL REVENUE, •• William T. Cheatham was engaged in the manufacture of whislry in Daviess Washi-ngton, D. 0., Jamtary 13, 1874. Cmmty, Kentucky, in the ye&' 1869; that petitioners were his bondsmen to the Sm: In response to the inclosed resolution of tbe Senate, I herewith transmit to Government as such distiller; that on the 14th day of December. A. D., 1869, said you the original application on form 46 of E . H. Luckett and G.R Tyler, assi<•nees Cheatham permanently discontinued his said distillery, and :ill taxeR and charges and sureties on the distiller's boml of William T. Ch<'atham, of the second di:t,·ict then flue on all liquors in bond were then tendered to the collector of internal rev- of Kentucky, together with all the papers accompanying said application, asking enue by Cheatham, having sold all said liquor te third parties ; and 011 that day to have refunded the sum of $164. Itappeal'!l from the correspondence of this Office notice of such permanent discontinuance was filed in the office of the United States with Collector J_ R. Rend that William T. ChP.atlmm ·was in arrears for taxes due assesaor of the second district, of Kentucky. in which district said distillery was from lrim as distiller; but if it shall, bowe>cr, be shown that all t-ho whisky in bond located: that the collector of said district wrongfully refused to issue permits to had been sold to bona fule purchasers aml that t.be taxes due thereon Juul been ten- the purchasers of said whisky for the removal of the san1e from the bonded ware- dered to the collect,or prior to the 14th day of December, l f:'6 9, (the day of permanent house for a period of fifteen days, in December, 1869, aml tw0nty-six days in 1870, discontinuance of said William T. Cheatham's dist.illery,) and beforo seizure and in all forty-one days, during which period of forty-one days said Cheatham was distraint, theu I am of opinion that William T. Ch atham has an equitable claim wrongfully assessea the salary of a store-keeper of said bonded warehoost~, to wit, to have refunded to him the amount paid by him for store-keeper's salary afte1· $4 per day, amounting in all to the sum of $164, whichamountsa.idCheat,h amafter- the permanent discontinuance of his distillery. ward, in December, 1870, paid to the collector of internal revenue for said district; Very respectfully, , that, in consideration of moneys advanced by petitioners to said Cheatham and for J. W. DOUGLASS, 001-mnissioner. his benefit, he, Cheatham, transferred to petitioners all his right to such moneys so Ron. W. A. RICHARDSON, wron_gfully collected and the right to collect the same. Secretary of the Treasury, lVashington, D. 0. "Wherefore your committee report the accompanying bill and recommend its passaue." Thevet,o TUessage of the President is very brief, and in these words: It will be perceived from this letter that the Commissioner submits a. question of fact, and then declares in the most positive terms that, if this question is foull(la, certain way, then it is his "opinion that William T. Cheatham bas an equitable .. To the Senate of the United States: · claim to ba.ve refunded to him the amount paid by him for store-keeper's salary For the reasons set forth in the accompanying communication from the Secretary after the permanent discontinuance of his distillery." · of the Treasury, I have the honor to return herewith, without my approval, Senate That is t,o say, the Commissioner declares that "it appears from the correspond- bill No. 489, entitled "An a.ct for the relief of G. B. Tyler and E. H. Luckett, as- ence of t!Jis Ollice with Collector J. R. Rend that William T. Cheatham was in signees of Willia.m T. Cheatham. · arrears for taxes due him as distiller-" But savs the Commissioner further: U.S. GRANT. "But if i t shall, however, be shown that aU ihe whisky in bond had been soltl to EXECUTIVE MANSION, March 31, 1876. bO'Tia fide purchasers and that the taxes due thereon bad been tendered to tho col- lect,or prior to the 14th day of December, 186!J, (the day of permanent di!l,oontinu- It will be observed that the only reasons given by the President for the exercise ance of said William T. Cheatham's distillery,) and beforo seizure aud distraint, of the veto power in this case are, to use his language, those "set forth in an ae. then I am of opinion that William T. Cheatham bas an equitable claim to bavo re- companyiug communication from the Secretary of the Treasury." funded to him the a~o1mt paid bv him for store-keeper's salary after the permanent T~s accompanying communieation of the Secret..'l.ry of the Treasury is in the fol- discontinuance of his distillery.'r _ lowmg words : In reference to this question, your committee did find as a matter of fact in their TREASURY DEPARTMENT, Ma.rch 30, 1876, former report upon this bill, and they now find-and the evidence is convincing and undisputed-that William T. Cheatham had, prior to December 14, 18fo9, (the date Referring_ !A> the letter of the 25th instant, written by :vour direction, transmitting of permanent discontinuance of ·h is distillery; and that is a matter of record,) and Senate bill-No. 489, "for the relief of G. B. Tyler and E. H . Luckett, assignees of before any seizure or distraint, sold a.ll the whisky in bond t{) bona fide pni·cha ers, William T. Cheatham," and requesting my opinion as to the propriety of its ap- and that he bad also on said flay, December 14, 186!>, tenuered to the collector of in- proval by yon, I have to say tha.t there are no data on file in the Department, so ternal revenue all taxes and charges llue thereon. Your committee then found, aud far as I can learn, which indicate that the amount it is propo erl by this bill to re- Bow find, the ex:ist!lnce of a state of facts in reference to this case upon which, if fund to the assi~ees of Mr. Cho.'l.tham was wrongfully collected or that the amount found, the Commissioner of Internal Revenue cleclared an equity woulu be created. should be refunaed. in favor of the relief awarcled by the bill under consideration. The Commissioner of Internttl Revenue. in his report to me in reference to the To recapitulate: By the provisions of joint resolution of Congress of March 2 distillery, and all taxes and charges then due on all liquors in to the approval of this bill, and they would have been communic-ated to the congres- bond were by him then tender ed to the collector of internal revenue, he, Cheat- sional committees before the passage of the bill had they called the attention of bam, having, prior t{) that llato, sold all said liquor to thircl parties, bona fide pur- this Office to the subject." chasers; that the collector of said district wrongfully refused to issue permits to The bill is herewith returned. the purchasern of said whisky for the removal of tho same fi'Oru the bonded ware- I have the honor to be, very respectfully, your obedient servant, house for a period of fifteen days in December, te69, and tweaty-six days in 1870, B. H. BRISTOW, Secretary. in all forty-one days during which time of forty .one days Cheatham was wrong- fully aP.scssed the s;Jary of a store-keeper of said bonded warehouse, to wit, $4 per Relying, as the President did, on this letter of his Secretary, to whom the bill da.y, amountin~ in all to the smn of $164, which amount saiu Cheatham paid to the ball been referred for his "opinion as to the propriety of its approval" by the Presi- co11ector, and the same bas been paicl into the Treasur~ of the United State8- dent, it is not surprising that the executive sanction was withheld. The petitioners, Tyler and Luckett, were Cheatham s bondsmen to the Go>ern- But the question arises, how far wa~ the letter of the Secretary of the Treasury ment as such di<>tiller; that. in consideration of moneys advanced by Tyler and justified by the faets in tho case and are the statements contained in the rel?ort of Luckett to said Cheatham, and for his benefit. he, Cheatham, transferred to them Commissioner Pratt, which constitutes a part of the Secretary's communication, in all his right to such moneys so wrongfully collected, and the right to collect the accordance with the record of his own llureao ~ . saruo_ The Commissioner assert~ in his report that " there appears to be no reason for This amount, then, of $164 was wro~gfully collected from William T. Cheatham, the refunding by the Uniterl States t,o the assignees of said Chtmtham tho salary of and tbe United States Treasury bas received the money. this store-keeper that would not apply with equal force to similar payments by all It is not the case "\\hero a part,y has suffered by the wrongful net of a public officer, other distillers who were operating their distilleries or had spirits in their ware- and where the Government ball reaped no benefit; it is just the rever.;e. By the houses at that time_" wrongful act of the collector Mr. Cheatham was compelled to ~ay wrongfull,v$164, And the Secretary of the Treasury, referring to this report of Commissioner which money, so w1·ongfnlly collected, went into the public Treasury, and it (the Pratt, advises the President that "the facts above stated are considered by this •rrcasury) bas become, so to speak, thex·eceptacle of money of a private citizen to just !)ffice valid and serious objections to the approval of this bill," and concludes his that amount, and by every rule of cqnity and good morals it should f) isgorge. 'fbis communication t,o the President with the declaration "that they," the above facts, is the true statement of tllis case, free from aU exaggeration or embellishment. And ~·would have bee.n communicated to the congressional committees before the pas- so far from the1·e being, as stated by 1he Secrem'Y of the Treasury, "valid and se- sage of the bill hall they called the attention of this Office to the subject." rious objections to the appro>al of this bill," there is not an objection that can be That the attention of the Secretary of the Treasury bad been called to this sub- successfully urged against it, while equity and good conscience aml public morals ject in the most solemn and formal manner possible, and the opinion of the Com- unite in its support. AJrain, it is not the fact that the Treallury Department was tnissionet· of Internal Revenue as to the equities of the case a~ked and such opin- not consulted, but, as bns been shown. its opinion was solicited and received in the fon ~ven, and that, too, favorable to the equities of the parties claiming relief, most formal manner known t.o the proceedings of the Senate in such cases. will be Reen from the following records of the Senate and letters from the Secretary Your committee therefore beg, rc1opectfully, to submit- · pf tbe Treasury and Commiss1.0ner of Internal Revenue. First. That the bill is one that commends itself to the favorable consideration of Tli~s subject was before the Forty-third Congress. On the 5th day of January, the Senate, and should become a law. 1874, SenatoJ: McCRKEUY, of Kentucky, submittell to the Senate the following reso- Second. That it was not hastily or inconsiderately passed, or without asking for lution, which was pn that day unanimously a,ew Senate tbe papers ired, and "To Valentine M. McGcbu, administrator of Joseph Merriweati'ier, deceased, 3348 CONGRESSIONAL RECORD-HOUSE. "" . the sum of $-200; sncl to Mrs. Sarah L. Barton the sum of $400 ; and to Sarah and The SPEAKER. The first question will be upon the motion of the Mary Merriweather, heirs of Joseph Merriweather, deceased, the sum of $1,470." gentleman from Tennessee [Mr. BRIGHT] to go into Committee of the On page 13 sh·ike out lines 305, 307, and 308. On parre 1;1 line 304, strike out "Prine " and insert "Prince." Whole on the Private Calendar. On page 21: at the end of line 488, add 11 deceased." The motion was agreed to. On parre 23, at the end of line 538, strike out 11 Conke" and insert "Cocke." The House accordingly resolved itself into Committee of the Whole, On pa~ 33 strike out line 783 and 784. · Mr. SAYLER in the chair. On same paue, in line 7!Jl:l, strike out ''eighty" and insert "fifty." On page 40 strike out line.'! 954 aml !)55. The CHAIRMAN. The House is now in Committee of the Whole On sameparre line971 strike onttheword "Caton" andinserttbe word" Carter." for the purpose of considering the business upon the Private Calen- Onpa•Te43 i1n'e1051 strikeouttheword "Electia" and inserttheword 11 Electy." dar; and this being the fourth Friday of the month, is what is known On pa~e 44 strike o~t lines 1069 and 1070 and insert" $1,960.14." as objection day. The Clerk will proceed with the bills upon the Cal- On page 50, line 1204, a;fter the word "~ierce" insert the word "deceased. " On page 50 strike out lines 1214 and 12la. endar from the point reached on last objection day. Also a substitute for section 2, as follows: SEc. 2. ThatthecasesofRobertS. Lacey, Hampton N. Webb, William H. Brisby, El\lBRICK W, HANSELL. Nathaniel P. Harbin, and Robert Hoodenpyle be, and they are hereby, .referred .to The first business on the Private Calendar for to-day was the bill the commissioners of claims for re-examination and report; and the smd commiS· sioners of claims shall have full jurisdiction and authority to re-open, examine, and (H. R. No. 3184) granting a pension to Emerick w. Hansell. consider the said cases prorided for in the second section of the act authorizing the The bill directs the Secretary of the Intel'i.or to place on the pen- appointment of the said commissioners, approved March 3, 1871: an~ the follow- sion-roll the name of Emerick W. Hansell, of the city of Wa hington, in~ proviso be inserted in line 35 paae 2, after the wore! cents: Provuled, That no in the District of Columbia, at tha rate of per month, commencing payment be made to or on accou~t of the said. John M. Brown ll!ltilsettlemen~ be made of any indebtedne~s lawfully and eqmtably d?-e fr~m hrm to t~e Umted on the 14th day of April, 1865, on account of injuries received by said States, and evidenced by JUdg?le?t ~uly recovered agamst him by the U mted States Hansell while in attendance upon the late William H. Seward, former in any court of competent jurisdiction. Secretary of State, on the occasion of the attempted assassination of The amendments were a,greed to. · . said Seward. The bill as amended, was ordered to be engrossed and read a thud Mr. SPRINGER. I do not know from what committee this bill was time; and being engrossed, it was accordingly read the third time, reported. It seems strange to me that the man who performed these and pa-ssed. services has not been paid before this time. Mr. EDEN moved to reconsider the vote by which the bill wa.s The CHAIRMAN. Does the gentleman object to the bill f passed; and also moved that the motion to reconsider be laid on the Mr. SPRINGER. Unless I understand it I must object to it. table. Mr. TARBOX. I wish the gentleman would permit the report to The latter motion was agreed to. be read; I think that would obviate any objection he might have to the bill. ORDER OF BUSINESS. :Mr. SPRINGER. If the gentleman from Massachusetts, [:Mr. TAR- Mr. BRIGHT. I move that the House now resolve itself into Com- Box,] who has examined this bill, says it is all right, I will withdraw mittee of the Whole on the Private Calendar. my objection. Mr. LUTTRELL. Will the gentleman yield to me for a momentf Mr. TARBOX. I think the bill is right. ~Ir. BRIGHT. I cannot yield further; the gentleman probably There being no further objection, the bill was laid aside, to be re- will have an opportunity to get his resolution in during the day. ported favorably to the House. Mr. BANKS. I hope the gentleman will yield to allow the resolu- HENRY GEE. tion to be offered; it will take but a moment. The next business on the Private Calendar Wa.B the bill (H. R. No. Mr. BRIGHT. Well, I will yield. 22:18) for the relief of Henry Gee, of the State of Florida, reported HAWAIIAN TREATY. from the Committee on Public Lands with amendments. The bill, as proposed to be amended, authorizes Henry Gee, of the ~Ir. LUTTRELL. I find an article in the Baltimore Gazette, which, State of Florida, or his legal representatives, to relocate the special as the author of the bill to carry into effect the Hawaiian treaty, I certificate issued to hlm on any public lands in the State of Florida, cannot fail to notice. It states that there is here from the Pacific any law to the contrary notwithstanding. · coast a lobby for the Hawaiian treaty. I desire to know .w ho compose Mr. R.hl\TDALL. Is there any report accompanying this bill f that lobby. I at.n sure th:1.t not one member of the California delega- :Mr. MOREY. There is a report from the Committee on Public tian knows anything about it, and I offer the .following preamble and Lands. resolution : Mr. RANDALL. I ask that the report be read. Whereas the following article appeared in the columns of the Baltimore Gazette The report was read, as follows: of the 28th instant, to wit: 11 WHAT CHRISTIAN STATES?!!AN GOT THIS ?!fONEY! The Committee on Public Lands report Bouse bill No. 2258 favorably, and sub· mit the following letter from the Commissioner of tile General Lancl-Otlice in sup· ("Special dispatch to the Gazett.e.] port of tho passage of the bill, and in the nature of a report in favor of the same: "WASHINGTON, May 25. DEPARTMENT OF THE INTERIOR, GENKUAL LA.."iD 0FI<'ICE, 11 It was asserted to-day at the Capitol that the Pn.oific .coas~ !obby expended Washington, D. 0., April 24, 1875. $300,000 in securing tl1e passage through t!I~ llouse of the l?ill gtvu~g dfect to the Sm: I am in receipt of your letter of 6th ultimo antl two inclosures, relative to Hawaiian treaty. The names of the reCipients of a portiOn of this money were the claim of Henry Gee, under tho act of Auhruat 11, l 42, entitlecl "An act for the ~iven. It appears that the actual exports from the Hawaiian Islamls are of less relief of Henry Gee," (Statutes, volume 6, page 857, Private Laws,) and request- 1mportance than the privilege it will give to successfully carry on smuggling on a ing such instructions as will})luce you "in possession of the warrant." larrre scale. The matter will probably be investigated and an opportunity given The facts in the case are as follows : 'l'he act of 1842, before referred to, autilor· to ~ow where the money was put t.o do the most good; " ized IIemy Gee, of l!'loricla, to locate, on any of the unappropriated public lands Therefore be it rl'.aolved, That tbe Committee oi Ways and Means be, and are within the Terrirorv of Florida., the same number of acres of land which was con- herebv instructed to immediately summon tho author of the abo;e special dis- tained in the northeast quarter of fractional section 23. in township 1 north, of range p:!.tch"to appear before said committee to answer such questions as they may put 8 west, of which he was deprivecl lly tile entry of .Michael Lott, made at the laud to him as w the truth or falsity of said dispatch, and to make such further inves- oilice at Tallahassee, Florida, August 20, 1840. tigation in the matter as the said committee may deem proper. Our rC'cords show that the quantity of land which said Gee was authorized to lo- Mr. LUTTRELL. One word more. I desire the fullest investi,ga- tion cate under the provisions of the act in question was 126.1!) ac~;es, and that a loca- was made, m supposed conformity therewith, in township 20 sooth, ofr.mrre 30 tion of this matter, and if there is any one who can bring forware made as provided for in tho particular act; and it is therefore J?re umed that the term warrant used iu Mr. BRIGHT. I move that the rules be suspended, and the House your letter has reference to a special certificate, although we have no evidence that now resolve itself into Committee of the Whole for the purpose of such a certificate was over prepared in this case. considering the business upon the Private Calendar. A.clmitting, however that such a certificate was prepared in this case and that this Oilice was advised as to its whereabouts, yet it would be impracticable at thi:~ Mr. HUNTON. On the last private bill day there was before the time to give instructions lookin~ to its relocation; because, first, the location, ac- House a bill (H. R. No. 219) providing for the retirement of Judge cordinrr to the terms of tho act of 1842, is confined to any " una.pproprin.t.cd pttlllio McCandless, of Pennsylvania. The bill was partly considered, and lands ;ithin the Ten-itory of Florida;" second, by the act of Juue 21, 18G6, (!:ilatut.c:~, volume 14 page 66,) the disyosal of the public lands in the State of Florida. is ro- should come up now as unfinished business. stricted to'home~tead aetna settlement, thereby prohi biting any proceeuings, under The SPEAKER. The bill was under consideration at the time the· the said act of 1842, subsequent to tho said act of 1866. House adjourned, and comes over as unfini~hed business upon t~is Very respectfully, your obeclient servan$, private bill day. It is competent for the House now to proceed w1th S. S. BURDETT, Oommisaioner. W. H. GEE, Esq., (Jnint:~J, Florida. the consideration of that bill, or to go into Committee of the Whole on the Private Calendar. There being no objection, the amendments reported from the Com- Mr. HUNTON. I would ask that the House finish the consideration mittee on Public Lands were agreed to; and the bill, as amended, was pf tJ}~t bill~ laid aside, to be reported fayorably to the House. 1876. CONGRESSIONAL RECORD-HOUSE. :3349 NEWTONS. MURPHEY. errors in the account and settlement with the Secretary of the Treasury greatly to. his injury, and prays for leave to have his accounts referred and re-adjusted by'tbe' The next business on the Private Calendar was the bill (H. R. No. proper acco1mting officers of the Treasury. · · 2S38) for the relief of Newton S. Murphey, reported with an amend- Your committee, therefore, after acarefol consideration of the case-the confusion ment from the Committee on.the Judiciary. of the times, the haste and emergencies under which the Secret~ was forced to The bill, as proposed to be amended, appropriates toN ewton S. Mur- transact the business of his Department, and the risks and difficultie.'~ encountered by disbursing officers in keeping their accounts, while in the field and on active phey the sum .of 1,000 as compensation for his services in defending duty, in a business-like manner-are of tho opinion that Major Pendleton ought to three suits against internal-revenue officerlil of the United States in be allowed the privilege of a resettlement of bis accounts before the Secretary_of the circuit court of the United States for the eastern district of Wis- the Treasury, and respectfully recommend the passage of the accompanying bill aa amended. consin. Mr. RANDALL. I ask that the report in this case be read. There being no objection, the amendments reported from the Com- The report was read. mittee on War Claims were agreed to, and the bill, as amended, was Mr. RANDALL. The sum appropriat.ed by this bill is not large, laid aside, to be reported favorably to the House. but the bill involves what I deem to he an abuse. MARK DAVIS. The CHAIRMAN. The Chair would suggest to the gentleman that under the rule no debate is in order. Does the gentleman object to The next business ou the Private Calendar wa-s t he bill (H. R. No. the billf 402) for the relief of Mark Davis. Mr. RANDALL. I do not want arbitrarily to object. The bill was read. The CHAIRMAN. The Chair is compelled to rule that no dis- (Objected to by Mr. LAWRENCE.) cussion of the bill is in order. If there is objection to the bill it J. M. BRAGG AND OTHERS. must be passed over; if not, it will be laid aside to be reported favor- The next buRiness on the Private Calendar was the bill (H. R. No. ably to the House. · 877) for the relief of J. M. Bragg and others, in Tennessee. Mr. RANDALL. When will I have an opportunity to discuss this The bill was read. · bill f (Objected to by Mr. LAWRENCE.) The CHAIRMAN. If the gentleman objects now, the bill will be passed oYer and come up again in its regular order. MARGARET JANET BURLESON. Mr. RANDALL. Then I will have to object, for the bill involves The next business on the Private Calendar was the bill (H. R. No. the employment of counsel outside of the officers of the Govern- 3186) for the relief of Margaret Janet Burleson. ment. The bill was read. It provides that the commissioners of claims The CHAIRMAN. Objection being made, the bill will be passed be given jurisdiction of tho claim of Margare-t Janet Burleson, of over. Memphis, Tennessee, formerly of Decatur, Alabama, to inquire into JOSEPH R. S~ON. and · report to the House of RepreRentatives what commissary and The next bill upon the Private Calendar was the bill (H. R. No. quartermaster's stores were taken from her place in Decatur, Ala- 3185) for the relief of Joseph R. Shannon. bama, by the Federal Army, for commissary and quartermaster's The bill directs the Secretary of the Treasury to pay to Joseph R. uses, in and prior to the year 1864, pronded that she satisfactorily Shannon, of the city of New Orleans, in the State .of Louisiana, the proves to the commissioners that she was always a loyal woman, sum of $ltl,800 in full compensabion for balance due for the use and and that she held in her own right, distinctly and separately from loss of the steamer Burton while employed in the military service of that of her husband, the property so taken for the above-named pur- the United States. poses by the Federal forces. Mr. RANDALL. I ask that the report be read. The report was1·ead, aafollows: The report was read. The case of Margaret Janet Burleson, referred to the Committee on War Claims, (Mr. HENDEE objected to the bill, and it was passed over.) contains the followmg claims for consiueration ~ She resideu at Decatur, .Alabama., till the breaking out of the war, when she moved to Nashville, Tennessee; she is PHIUP PENDLETO:Y. now a reside~ of Memphis. She represents that at the breaking out of there- bellion she was the sole owner of personal property an£1 real estate which she in- The next business upon the Private Calendar was the bill (H. R. herited from her father, .Alexander Pattison, and a~ received by gift from her No. 735) for the relief of Philip Pendleton, reported with amendments brother, William Pattison. She further states that she had full control of said from the Committee on War Claims. property, independent of interference from her husband. The bill, as proposed to be amended, directs the proper accounting The testimony in the case shows that t.he Federal forces took, for the use of the .Army, certain commissary and quartermaster supplies. officers of the Treasury to 1·e-open and re-adjust the account.s of Philip The claimant produces testimony to prove that she was a loyal woman ; it also Pendleton, late a paymaster in the United States Army, and allow him shows that her husband was in the rebel arm:v, and does not suiliciently prove that such additional credits in the settlement of his accounts as under the tho property of her husband and that of her own were kept sufficiently separate to circumstances or in the opinion of said accounting officers may be just enable your committee to determine clearly what items in the claim they would be justified in allowing. and equitable for errors and losses of money received by l:llm as such The testimony relative t{) loyalty being ex parte, your committee recommend that paymMter, if any, growing out of shorts in package of money received jurisdiction be ginn to the commissioners of claims to allow what the claimant may by him, which shall be established before them by satisfactory evi- bA able to prove as having been taken for commissary and quartermaster supplies, dence. provided she proves her loyalty and separate ownership. Mr. RANDALL. I ask that the report be read. There being no objection, the bill was laid aaide, to be reported The report was read, a-s follows : favorably to the House. The Committee on War Claims, to whom waa referred the bill ~H. R. No. 735) for RANDALL BROWN. tbe relief of Philip PemUeton, report- The next business on the Private Calendar was the bill (H. R. No. That a bill for the relief of MaJor Pendleton was reported favorably by tho House 890) for the relief of Randall Brown, of Nashville, Tennessee~ Committee of Claims in the Forty-second Congress, and the bill was reported by Mr. Blair, chairman of the comm1ttee, and passed the House. (See Journal third The bill, with an amendment of the Committee on War Claims ses ion Forty-second Congress, page 371.) striking out "$1,600" andinserting "$1,500,"wasread. It directs the The bill went to the Senat-e. was not reached in that Congress, and the papers Secretary of the Treasury to pay to Randall Brown, of Nashville, were returned to the House files. In the last Congress the claim was again pre- Tennessee, the sum of $1,500, for property taken by the rebel forces sent~d, and referred to the Committee on Military Affairs, but no action was had, M the papers were withdrawn by petitioner, on leave of the House, April17, 1874. while the same was being used by the Government of the United The report cannot be found on t.b e files of tho House or with the papers. States, to be shown upon proofs and vouchers. . It appe~rs from the evide~ce that Major Pendleton wa~ appointed a paymaMter The report was read, as follows : m the Umwd States .Army m the early part of 1861, and seiTevernor money appropriated or which may hereafter be appropriated for the Curtin, of Pennsylvania, bnt coula not be mustered, as the second lieutenant (who pay of the Army, n. snm equal to the pay and emoluments of a second had been commissioned first lieutenant) was a. prisoner and there was no vacancy lieutenant of cavalry, from the lOth of October, 1~63, to the 8th of in that position. He refused the position of first lieutenant over his brother oflicer March, 1864, deducting whatever pay he may have received for that while ~e was ~p~soner, although com~sioned by the governorJannar.y 24, 1865. On this comDUSSlOn he was mustered ID May 1, 1865, after the second lieute11ant, period as an enli-sted man. Garbet, had been released and mustered out. He having commanded the company The report of the Senate Committee on Military Affairs was read, from the 19th of June, 1864, until May 1, 1865, receiving only the pay of sergeant as follows: it is but just that he should receive the pay. He was honorably mustered out of the service in Texas, December 6, Ul65. The committee recommend thepassage of the The !?roof shows that .Alvis Smith was sworn into service as a second lieutenant bill for his relief. of cavalry October 10, 1863. and attached to Company L, Second .Arkansas Cavalry and performed duty as such, under command and orders of John E. Phelps, colonel There being no objection, the bill was laid aside, to be reported of said re~iment; that, owing to absence of mustering officer, he wa8 not regularly favorably to the House. mustered in until the 8th of March, 1864, the mustering officer declining to date the muster back to October 10, 1863. The bill is to provide for payment for services as LANDS IN BROTHERTOWN RESERVATION, WISCONSIN. second lieutenant of cavalry for the intervening time. As valuable services were rendered by said Smith in capacity as second lienten· The next business on the Private Cn.lendar was the bill (H. R. No. ant, he having been r~sponsible for property, &c., and perforiDing duty under the 2096) to authorize the issue of a patent of certain lands in the Broth- orders of the colonel of the regiment, the committee recommend passaP"e of the ertown reservation in t.he State of Wisconsin to the persons selected bill. . q by the Brothert.own Indians. There being no objection, the bill was laid aside, to be reported The bill waa read. favorably to the House. Mr. RAND~. Mr. Chairman, is this a private bill f CHARLES C. CAMPBELL. The CHAIRMAN. In the opinion of the Chair it is a private bill. The next business on the Private Calendar wa~ the bill (H. R. No. It is f~r the relief of :.1 single corporation. 429) for the relief of Charles C. Campbell, of Washington County, 1\Ir. RANDALL. It is a case arising under a treaty. Virginia. The CHAIRMAN. What point does the gentleman make f The bill W3.8 read. AI; proposed to be amended by the Committee Mr. RANDALL. I make the point of order that this is not a pri- on War Claims, it directs the Secretary of the Treasury to pay to vate bill. Charles C. Campbell, of Washington County, Virginia, out of any The CHAIRMAN. In the judgment of the Chair the objection money in the Treasury not otherwise appropriated, or that may be comes too late. appropriated for that purpose, the sum of $61000, for property taken · Mr. RANDALL. Too late f I could not know the character of the and used as supplies by the armies of the Umted States, under Gene- bill until I heard it read. · rals Stoneman and Burbridge, in the year 1864, while upon their The CHAIRMAN. The gentleman should have raised this point marches in the States of Virginia. and Tennessee; which sum is to be when the bill was referred to the Committee of the Whole on the in full satisfaction of all claims of Campbell against the United States. Private Calendar. The amendments were adopted. Mr. RANDALL. 0, no; I make the point of order that it is improp- There being no objection, the bill, as amended, was laid aside, to erly on the Private Calendar. The referring of the bill has nothing be reported favorably to the House. to do with the question. The CHAIRMAN. Does the gentleman object to the consideration NEW MADRID LOCATIONS IN MISSOURI. of the bill. The next business on the Private Calendar was the bill (H. R. No. Mr. RANDALL. Not now; I make the point of order. 100) granting legal titles to all New Maillid locations in the State of The CHAIRMAN. · The Chair overrules the point. Missouri for which patents have not heretofore been issued. 1\Ir. RANDALL. I hn.ve no means of making the point that the (Objected to by Mr. WILSON, of Iowa.) · bill is improperly on the Private Calendar until I find it there. MRS. ELLEN J. BROSMAN. The CHAIRMAN. The gentleman can object to the consideration The next business on the Private Calendar was the bill (H. R. No. of the bill if he desires. 3273) for the relief of Mrs. Ellen J. Brosman. Mr. RANDALL. No, sir; I want the Chair to decide on the point The bill was read. It appropriates, out of any money in the Treas- of order. ury not otherwise appropriated, the sum of $5,000 in full payment of The CHAIRMAN. The Chair has decided it. her claim against the United States. Mr. RANDALL. Well, it is a most extraordinary decisioJt. I ob- The report was read, as follows: ject to the bill. GEORGE M.'COLLY. The Oommittee on War Claims, t() whom was referred the petition of Mrs. E. J. Brosman, for goods seized by the provost marshal of the .Army near Brandy Sta· The next business on the Private Calendar was the bill (li. R. No. tion, Virginia, &c., would report: 2242) granting a pension to George McColly. · That after careful examination of the memorial and proofs, and personal exami. The bill, which was read, authorizes and directs the Secretary of nation of petitioner, they finu that Ellen J. Brosman was loyal and devoted to the union cause; that she Wa8 dnly licensed by the levy court of the District of Co- the Interior to place on the pension-roll, subject to the provisions and lumbia to trade as storekeeper to the Twentieth Army Corps, so far as thela.ws of limitations of the pension laws, the name of George McColly, private the District were concerned; that she followed the Army to Brandy Station with iri. Company E, First Minnesota Volunteers. • her goods, and traded there with the officers and soldiers, but that while so. trad. There being no objection, the bill, as amended, was laid aside, to be ing, and while, as appears by the testimony of a large number of officers of that corps, her conduct wa8 good and she was especia.lly aclive in kindness and care of reported to the House with the recommendation that it do pass. sick aml wounded Union soldiers, the provost marshal seized the property men- KATE LOIDSE ROY. tioned in her memorial, and it was never restored to her, and so far as appears was userl by the Army, it being mostly such supplies as the Army used. . The next business on the Private Calendar was the bill (H. R. No. Yom committee think from all the proofs that the petitioner should be paid the 3277) granting a pension tQ Kate Louise Roy. fair value of the property taken, together with f200 paid by her as internal.revenue The bill, which was read, authorizes and directs the Sepretary of t.ax on this property, &o., after it was seized. '. rhe committee recommend that petitioner be paid f),OOO in full of all claims, and the Interior to place on the pension-roll, subject to the provisions and that a bill be favorably reported therefor. limitations of the pension laws, the name of Kate Louise Roy, widow There being no objection, the bill was laid aside, to be reported of James P. Roy, late lieutenant-colonel Fifteenth Regiment United favorably to the House. States Infantry, and pay her a pension for the rank held at the date EDWIN MORGAN. of his death, in lieu of the pension now received. · The next business on the Private Calendar was the bill (H. R. No. theThere being no objection, the bill was laid aside, to be reported to House with the recommendation that it do pass. 2019) for tho relief of Edwin Morgan, late captain of Company G, Seventy-seventh Regiment Pennsylvania Volunteer Infantry. ELLEN FECHTEL. The bjli was read. As proposed to be amended by the Committee The next business on the Privato Calendar was the bill (H. R. No. on Military Afl'airs, it direct s the Secretary of the Treasm'Y, out of 3278) granting a pension to Ellen Fechtel. any moneys in the Treasury not otherwise appropriated, to pay to The !Jill, which was read, authorizes and dil.'ects the Secretary of 1876. CONGRESSIONAL RECORD-HOUSE. 3351 the Interior to place on the pension-roll, subject to the provisions and the Interior to pla.ce on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Ellen Fechtel, widow of limitations of the pension laws, the name of Hannah A. Wood, widow John G. Fechtel, late a wagoner in Company F, Seventeenth Regiment of Samuel A.. Wood, late second lieutenant in Company .M, First Reg- Missouri Volunteers. iment New Jersey Cavalry Volunteers. · The report was read, as follows : The report was rea-d, as follows : It is shown by the evidence fu the case that John G. Fechtel was mustered into It is shown by the evidence in the case that Samuel Wood was mustered into the the service as a wagoner in Company F, Seventeenth Regiment Missouri Volun- service as n. second lieutenant, Company M, First Regiment Ne'v Jersey Cavalry teers, September 26, 1861, and was discharged from service March 21, 1862, by rea- Volunteers, December 12, 1864, and mustered out as such July 24, 1865. son of pulmonary consumption, contracted in the service. George A. Bourne, late captain of company, swears that soldier was injured by Hugh GQllmer, captain of company, swears that t.b e soldier, about February, his horse falling on him, in the line of duty, injuring his left side; that he also con- 1862, while in the line of his duty, became disabled by the prostration of his whole tracted chronic diarrhea. from exposure. system-want of breath, blood rushing to the bead, and that he was :11 sound man Dr. William W. Whitney swears that he attended soldier about June 24, 1865, at enli~tment. · while he was on a leave of absence; trea.tely service in Company E, Thirty-ninth Ohio Volunteer Infantry, and who served dur- by the committee, and passed the Senate. In the House it was referred to the ing the war. The fact that this substitute was procured was reported to Colonel Court of Claims for a report. From the report of the Court of maims and the evi- Wood, commanding said regiment, who refused to discharge said Henry I. Stock- dence, it fully appears tho.t William Thompson was a brigadier-general in the revo- stili-the orders of General Thomas forbidding any such release. Both soldiers lutionary war, and that he died in l!ervice (or a prisoner on P.a.Tol) in 1780, and that served during the war, and David W. Stockstill asks that the $700 paid for the sub- he left a wife and children, who have since died, leaving children. stitute be refunded to him. This seems but reasonable and just, ancl your commit- The court say that there was no evidence before them that Catharine Thompson tee would make a. favorable report in the case. The committee would add that the was the widow of General 'l'hompson, nor did it appear before the court that sbe Military Committee, Forty-third Congress, investigated this case, made a favorable lived unmarried seven years after his death, or for any specified period after that report, and recommended the passage of a. billatlbntingthe relief asked, which was event·, or that she died or married again before the e:rplration of the seven years. re-'?orted back to the House, referred to the Committee of the Whole House on the There is evidence, which waa not before the Court of elaims1 which shows that Private Calendar, but was not reached for want of time. Your committee would Cat-harine Thompson was the widow of General 'l'hompson, ana that she remaiued therefore recommend the passage of the accompanying bill. and diecl hiswidowin 1809, butthe court say that ·• independently of any defects in the evidence, the claim is barred by the statute of limitations,'' and that the claim· There beiug no objection, the bill was laid aside, to be reported to ants have no cause of action. NotwitbstanJingthis report of the Court of Claims, the House with the recommendation that it do pass. the House Comrrri ttee on Re>olut-ionary Vlaims reported a bill on ti.Je 29th May~ 1858, in favor of r.ue _p ayment of the seven years' half-pay. This bill was notactea D. P. :ROWE AND BROWN & CROWELL. upon, and no action was taken by the nerl Congress. Robert Thompson diecl, and the claim wasrev1ved beforetheForty-firstCongress The next business on the Private Calendar was the bill (H. R. No. by the petition of }'annie Thompson, a. great-grandchild and administmtrix d.e b{}ni8 1219) for the relief of D.P. Rowe a,n d Brown & Crowell, of Morris- non. On the 3d June, 1870, the Senate Committee on Revolutionary Claims made a town, Tennessee. report, accompanied by a. bill, granting the seven years' half-pay, and recommend- ' The bill, which was read, provides that D.P. Rowe and Brown & ing its .J?Msage. This was not acted upon. Application waa again made to the }'orty-sooond Congress, and on the 30th of Crowell, of Morristown, Tennessee, be, and are thereby, released from May, 1812, th13 Senate Committee on Revolutionary Claims reported again in favor payment of the tax penalty or license for making ten stills or appara- of the claim, accompanying the report by a bill granting seven years' half-pay. tus for distilling, the same having been made in ignorance of the pur- This was not acted upon. pose for which said apparatus was intended, and under the belief that There is no explanation of the long dela;Y in the presentation of this claim, nnd the p1·esent bill only asks that the Court of maims be authorizerl and directed to the same was intended for an entirely different purpose, and without adjudicate the claim upon its ml3rits, without regard to tho statute of limitations, any intent to defraud the Government or viola,te any law, as fully ap- authorizing the court to use the eviJence bl3retorore taken. pears from the petition and testimony in the cru~e; and if the tax The application to be allowed to be heard before the Comi; of Claims upon the penalty or license has been paid by them, the same sh:ill be refunded merits seems to the committee reasonable, and they recommend the passage of t-he bill, with a. proviso that in no event shall more than the principal that may be to them, and paid out of any money in the Treasury not otherwise found due upon such claim bo allowed, and the bill is reported back so amended, appropriated, on proof being made of the amount so paid. with the recommendation that it do pass. The report was read, as follows: The amendment was adopted. It appears that a man named Fry applied to Rowe and others, who were tinners, There beiug uo objection the bill as amended, waa laid aside, to be to make for him a tin apparatus, a model of which he brought with him ; that Fry reported favorably to the House. · informed him that it was not for any illegal use; that it was not a still, and that Rowe and his partners were in no danger of the violation of law from making the ap- Mr. BRIGHT. I move that the committee rise. paratus; that J{owe made ten of these, at 2.2.'i apiece, making, in the aggregate, The motion was agreed to. $22.5~ ; and that these were ap. he made, and this waa done in utter ignorance of The committee accordillgly rose; and Mr. Cox having taken the any ille~al use proposed by sa1d Fry. chair a-s Speaker p1'o tempore; Mr. SAYLER reported that the Commit- Tho license tax of $50 was assessed against the makers of the apparatus, and 20 apiece for them and $20 penalty, in all $270, which it seems has been paid, tee of the Whole House bad bad the Private Calendar under consid- tbougn this does not clearly appear. eration, and had directed him to report favorably sundry bills, some The assistant district attorney, who prosecuted the case, has filed a. statement with and some without amendments. which, while insisting that the party waa technically guilty, shows that he thinks The SPEAKER pro tempore. The Clerk will read the titles of tho the case one of hardship, and one in which "there was no design on his part to e,·ade thela.w," as was apparent to the assistant attornev at the time. bills in their order, and if no objection be made, thoy 'vill be consid- The testimony to the excellent character and law-abiding hal!its of D.P. Rowe ered as passed l>y the Honse. is ample, and his •eracity and integrity are fully sustained. PRIVATE BILLS PASSED. It further appears that as D.P. Rowe made this apparatus without tho lntowl- edge of his partners, who furnished the capital, Rowe only doiug the manual work T:Re following bills reported by the Committee of the Whole on thel for a shar in the profits, the bmden of these taxes anrl penalty would fall upon Private Qalendar without amendments were read by their tit,les and him He is a younl! man, without means, workin!! for hi.q llving, and yet honest an• I h'nthfu L The burden imposed upon him is heavy, and for a technical l!ut un- passed: intentional, violation of law. ' A bill (H. R. No. 3184) granting a pension to Emerick W. Hansell; 1876. CONGRESSIONAL RECORD-HOUSE. 3353 A bill (H. R. No. 3186) for the relief of Margaret Janet Burleson; R. No. 3587) for the relief of Medical Inspector William M. King, An act (S. No. 165) for the relief of Michael W. Brock, of Meigs United States Navy; which was 1·ead a first and second time, referred Connty, Tennessee, late a private in Company D, Tenth Tennessee to the Committee on Naval Aft'airs, and ordered to be printed. Volunteers; ORDER OF BUSTh'"ESS. An act (S. No.3) for the relief of Alvis Smith; Mr. BURCHARD, of lllinois. I move that the House proceed to A bill (H. R. No. 3273) for the relief of Mrs. Ellen J. Brosman; the consideration of business on t.he Speaker's table. I believe that A bill (H. R. No. 2242) granting a pension to George McColly; is a privileged motion. My object is to have a number of bills on the A bill (H. R. No. 3277) granting a pension to Kate Louise Roy; Speaker's table referred or otherwise disposed of. A bill (H. R. No. 3278) granting a pe11sion to Ellen Fechtel; Mr. HUNTON. I have not yielded the floor for that purpose. A bill (H. R. No. 3279) granting a pension to Benjamin C. Webster; The SPEAKER pro ttm1JJ01'e. 'I'he gentleman fi·om Virginia is enti- A bill (H. R. No. 3280) granting a pension to James Johnson; tled to the :floor on the unfinished business of last Friday. A bill (H. R. No. 3281) granting a pension to Hannah A. Wood; A bill {H. R. No. 3282) g1·anting a pension to Sarah McCooey; RETIREMENT OF JUDGE M'CANDLESS. An act (S. No. 641) granting a pension to Julia Scroggin; :Mr. HUNTON. I call up House bill (H. R. No. 219) to permit the An act (S. No. 121) gra.nting a pension to John Pierson; judge of the district court of the United States for the western dis- An act (S. No. 43) granting a pension to Urial Bundy; trict of Pennsylvania to retire, with Senate amendments. An act ( S. No. 545) granting a pension to Abraham Ellis ; The SPEAKER pro temp&re. The Clerk will read the amendments A biH (H. R. No. 11H3) for the relief of David W. Stockstill, of Sid- of the Senat-e. ney, Ohio; and The Clerk read aa follows: A bill (H. R. No. 1219) for the relief of D.P. Rowe and Brown & In line 3 strike out the words "the honorable," so that it will read, "made appli· Crowell, of Morristown, Tennessee. cable to Wilson McCandless." The following bills were reported from the Committee of the At the encl of the bill insert, "provided the said McCandless shall resign his office within six months next after the passage of this act." Whole on the Private Calendar with amendments; and the amend- ments were adopted, and the bills, as amended, passed: The question wa.s on concurring in the amendments of the Senate; A bill (H. R. No. 2258) for the relief of Henry Gee, of the State of and being taken, there ·w ere-ayes 77, noes 28; no quorum voting. ]!, lorida; The SPEAKERpro tempore, under the rule, ordered tellers; and ap- A bill (H. R. No. 735) for the relief of Philip Pendleton; pointed Mr. HUNTON and Mr. MILLIKEN. A bill (H. R. No. 890) for the relief of Randall Brown, of Nash- The House again divided; and the tellers reported-ayes 102, noes ville, Tennessee ; 33; no quorum voting. A bill (H. R. No. ~9) for the relief of Charles C. Campbell, of Mr. CALDWELL, of Alabama. I move that the House adjourn. Washington County, Virginia; · Mr. HOPKil~S. I hope the House will not adjourn. If that mo- A bill (H. R. No. 2019) for the relief of Edwin Morgan, late captain tion is pressed, I will insist on calling the yeas and nays on it. of Company G, Seventy-seventh Regiment Pennsylvania Volunteer The question being put on the motion to adjourn, there were-ayes Infantry; and 49, noes 113. A bill (H. R. No. 1638) for the relief of the heirs. of Brigadier-Gen- Mr. HEWITT, of Alabama. I call for t-ellers. eral William Thompson, of the revolutionary army. Tellers were not ordered, only 16 members voting therefor. CLA.Il\18 ALLOWED BY TREASURY DEPARTMENT. Mr. HUNTON. I ~k for the yeas anq nays upon concuni1}g in the amendments of the Senate. Mr. BRIGHT. I ask the unanimous consent of the House to take Mr. HOPKll~S. I understand -that a quorum voted upon the ques- from the Private Calendar and put upon its passage the bill (H. R. tion of- adjournment, and now we want the yeas and nays on concur- No. 2691) for the allowance of cert.ain claims reported by the account- ring in the amendments of the Senate. ing officers of the Treasury Department. The bill includes anum- Mr. HUNTON. Yes, if a further count is insisted on. [Cries of ber of claims that ought to be paid, and it is desirable that it be passed "Further count."] immediately that it may go to the Senate. Mr. HOPKINS. Then I insist upon the call for the yeas and nays. Mr. LAWRENCE. These are the claims allowed under the act of The yeas and nays were ordered, there being on a division-ayes 1864f 25, noes 93; one-fifth voting in favor thereof. Mr. BRIGHT. Yes, sir. Mr. SPRINGER. I rise to a parliamentary inquiry. Is not this a Mr. LAWRENCE. They are the claims reported by the Treasury House bill T Department f The SPEAKER pro tempore. It is a Honse bill with amendments Mr. BRIGHT. Yes, sir, by the Treasury Department; approved of the Senate, and the vote on concurring in the.Senate amendments by "the Second Comptroller of the Treaaury and the Third Auditor. if carried passes the bill. Mr. BROWN, of Kentucky. And by a committee of tills House. Mr. CALDWELL, of Alabama.. I move that when the House ad- Mr. L.A.WRENCE. All right. journs it adjourn to meet on Monday next. The SPEAKER pro temp01·e. Is there objection to the consideration The question was taken, and the motion was not agreed to. of this bill DOW f Mr. EDEN. I move that the House do now adjourn. There wa-s no objection, and the Committee of the Whole on the The question was taken; and on a division there we1·e-ayes 59, noes Private Calendar was discharged from the further consideration of 105. . the bill, and it was brought before the House for consideration. So the motion wa.s not agreed to. The Clerk proceeded to read the bill, aa follows : Mr. MOREY. I call for the regular order. Be it enacted, &c., That the Secretary of t-he Treasury be, and he i.s hereby, au· The t;PEAKER pro tempore. The regular order is the calling of the thorized and required to pay, out of any moneys in the Treasury not otherwise ap· propriated, to the several persons in this act named tbe several sums mentioned yeas and nays on concurring in the amendments of the Senate. herein ; the same being in full for, aml the receipt of the same to be taken and ac- The question was taken; and there were-yeas 86, nays 83, not vot- cepted in each case as a full and final discharge of, the several claims examined ing 120 ; as follows : and allowed by the proper accounting officers under the provisions of the act of July 4, 1864, since December 7, 1874, namely. YEAS-Mes·srs. Adams, Ainsworth, John H. Bagley, jr., John H. Baker,William H. :Baker, :Ballou, :Banning, Blaine, Boone, Bradley, William R. Brown, Horatio C. Mr. BRIGHT. I move that the reading of the names be dispensed :Burchard, Campbell, Cannon, Caswell, Cowan~.-..Crounse, Davy, Denison, Dunnell, with. Eames, Finley, Fort, Foster, Frye, Garfield, .Hancock, Haralson, Hardenbt'rgh, There was no objection, and the further reading of the bill was Benjamin W. Harris, Hathorn, Haymond, Hendee, Henderson, Hopkins, Hoskins, Hubbell, Hunton, Hurd, Jenks. Ka-sson, Kehr, Kelley, Ketchum, Lane, Leaven- dispensed with. . worth, LeMoyne, Edmund W. M. Mackey, L. A.. Mackey, MacDoug__all, McCrary, 'l'he bill was ordered to be engrossed and read a third time; and be- McDill, Monroe Morey, Morgan, Nash, Norton, Olh·er, O'Neill, .t'aoker, Page, ing· engrossed, it was accordingly read the third time, and passed. Payne, Plaisted, Powell, Rainey, John Reilly, Riddle, John Robbins, Sobieski Ross, / Mr. BRIGHT moved to reconsider the vote by which the bill was Rusk, Sampson, Sbme, Stowell, Washington Townsend, Tufts, Turney, Van Vorhes, Alexander S. Wallaoo, John W. Wallace, Ward, Warren, Wike, Willa.rd, .Andrew passed; and also moved that the motion to reconsider be laid on the Williams, AlpheusS. Williams, and James Wilson-86. table. NAYS-Messrs. Anderson, Ashe :Beebe, Bland, Bright, John Young Brown, The latter motion was agreed to. Buckner, Samuel D. :Burchard, Cabell, John H. Caldwell, Cate, Chittenden, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, Cook, Culberson, Cut- ORDER OF BUSINESS. ler Davis, De Bolt, Dibrell, Durllam, Eden, Egbert, Ellis, Ely, Felron, Franklin, Mr. HUNTON. I desire to call up the unfinished business of Friday F;D.ler, Glover, Andrew H. Hamilton, Henry R. Harris, Hartzell, Hatcher, H ere- ford, .AbramS. Hewitt, Goldsmith W. Hewitt, Hill, Frank Jones, ThomasL.Jones, last. Franklin Landers, George M . Landers, Lawrence, Levy, Lord, McFarlaml, Mc- Mr. WAD DELL. Will the gentleman from Virginia yield to me for Mahon, Metcalfe, Milliken, Morrison, Neal, Odell, John F. Philips, Poppleton, Pot- amomentf ter, Randall, Rea, Reagan, Rice, William M. Robbins, Miles Ross, Savage, Scales, Mr. HUNTON. I yield to the gentleman. Schleicher,Seelye, Slemons, William E. Smith, Southard, Sparks, SpringerilStcnger, Tarbox, Tease, Terry, Thompson, Throckmorton. Robert B. Vance, "\Vadt.le , Chades PATRICK J. CONDON. C. B. Walker, James William.a, James D. Williams. Jeremiah N. Williams, and Yea.tes-83. Mr. WADDELL, by unanimous consent, introduced a bill (H. R. NOT VOTING-Messrs. Atkins, Bagby, George A.. Bagley, Banks, Bass, Bell, No. 3586) for the relief of Patrick J. Condon, late captain Company Blackburn, Blair, Bliss, Blount, Bmdfora, Burleigh, William P. Caldwell, Cancller, G, Sixty-third Regiment New York Volunteer Infantry, granting back Caso~, Caulfield, Chapin, Cochrane, Collins, Conger, Cox, Crapo, Danford, Darrall, pension; which was read a first and second t-ime, referred to the Com- Dobbms, Douglas, Durand, Evans, Faulkner, Forney, Freeman, Frost, Gause, Gi b- son, Goode, G1Jodin, Gunter, Hale, Robert Hamilton, John •.r. Harris, Harrison, mittee on Invalid Pensions, and ordered to be printed. Hartridge, Hays, He~kle, Hoa.r, lloge, Holman, Hooker, House, Hunter, Hurll.mt, 1\>IEDIOAL INSPECTOR WILLIAM l\1. KING, UNITED STATES NAVY. H yman, Joyce, Kimball, King, Knott, Lamar , Lapham, Lewis, Luttr ell, Lynch, Lynde, Magoon, Maish, .Mealle, .Miller, Mills, Money, Mutc hler , New, O'Brien, Par- 1\llr. WAD DELL also, by unanimous consent, introduced a bill (H. 1'\ons, Phelps. William A. Phillips, Pierce, Piper , Pla tt, P ratt Pnrman, J ames B. Rs>-il- 3354 CONGRESSIONAL RECORD-HOUSE. MAY 26, ly, Roberts, Robinson, Sayler, Schumaker, Sbeakley, Singleton, Sinnickson, Smalls, of the Treasmy a-djust his account equitably, to the Committee on A. Herr Smith, Strait~ Stevenson, Swann Thomas, Thornburgh, Martin I. Town- Military Affairs. send, Tucker, John L. Vance, Wait, Waldron. Gilbert C. Walker, Walling, Walsh, Erastus WellB, G. Wiley Wells, Wheeler, White, Whitehouse, Whitin~r, Whit- Ry Mr. TOWNSEND, of Pennsylvania: Remonstrance of G. P. thorne, Wi!!~ton, Charles G. Williams, William B. Williams, Willis, Wilshire, Denis & Brothers, James Massey, James Ledward & Son J William Benjamin W1lson, Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, and Simpson & Sons, and 324 other manufacturers and workingmen of Young-120. Delaware County, Pennsylva.n ia, against the reduction of import So the amendments of the Senate were concurred in. duties npon foreign goods which enter into competition with their re- DoTing the roll-call, spective manufactUTes, to the Committee of Ways and Means. Ml'. JENKS said: I wish to announce that my colleague, Mr. CocH- By :Mr. WHITE: The petition of Milton L. Davis for a pension, to RANE, is absent by ordeTof the House. If present, he woultl vote" ay." the Committee on Invalid Pension~. The result of the vote was then announced a.s above recorded. Also, the petition of A. S. Bloom, that the date of his mnster into Mr. HUNTON moved to reconsider the vote by which the Senate service as major, Seventh Cavalry, may be chtmgeu from November amendments weTe concmred in; and also moved that the motion to 1 to Jan nary 20, 1864, to the Committee on Military Affairs. reconsider be laid on the table. The latter motion was agreed to. OSAGE COI\11\fiSSION. The SPEAKER p1·o tempm·e, by unanimous consent, laid before the IN SENATE. House a letter from the Secretary of the Interior, transmitting an S~TURDAY, May 27, 1876. estimate of appropriation to defray the expenses of the Osage com- . mission; which was referred to the Committee on Indian Affairs. Prayer by the Chaplain, Rev. BYRON SuNDERLAND, D. D . The Journal of yesterday's proceedings wa~ read and approved. LEAVE OF ABSENCE. Mr. WADDELL was granted leave of absence for two weeks. EXTENSION OF LEGISLATIVE SESSION. Mr. DAVIB was granted leave of absence for eight days. The PRESIDENT pro tempore. The Chair will state that the time Mr. W. B. WILLIAMS was granted leave of absence until June 1. will be extenued for morning business, if there be no objection. Mr. LANDERS, of Connecticut, was granted leave of absence for one Mr. EDMUNDS. I insist on the regular order. week from Monday next. The PRESIDENT pro tempm·e. The Senator from Vermont calls for 1\Ir. HEwrrr, of New York, was granted leave of absence for one the regular order. week from May 29 on account of important business. Mr. KERNAN. Will the Senator yield to allow me to present ape- tition' REFORM IN THE AR1\IY. :Mr. EDMUNDS. I will yield for petitions, but beyond petitions I Mr. BANNING. I desire to call up the- in9tion to reconsider the think bills and resolutions can wait until we discharge the other busi- vote by which the bill (H. R. No. 2935) to promote the efficiency of ness. the Army of the United States, to provide for its gradual reduction, PETITIONS AND l't!El\IORIALS. and to consolidate certain of its staff departments, and for other pUT- poses, was recommitted to the Committee on Military Affairs. Mr. KERNAN. I am requested by citizens of this District to pre- Mr. RANDALL. Pending that I would like the gentleman to allow sent a memorial, quite numerously signed, remonstrating against the me to move that the House do now a-djourn. passage of the bill (H. R. No. 2604) to incorpQrate the SnbmbanRail- road Company of the District of Columbia. The bill authorizes this W. P. BURWELL. company to build its roa-d and run it by steam through C street and Mr. ROBBINS, of North Carolina. I ask the gentleman to yield to Maryland avenue to the Bladensburgh turnpike on the District line. me to make some reports fTom the Committee of Claims. They set forth in the memorial that this being a thoroughfare, it :Mr. BANNING. If it will not lead to debate. would greatly injure the p~operty upon it to allow it to be traversed Mr. ROBBINS, of North Carolina, by unanimous consent, reported by oars propelled by steam. There is a cemetery upon the line which from the Committee of Claims a bill (H. R. No. 3588) for the relief of is very much frequented; and the memorialists remonstrate against W; P. Burwell; which was read a first and second time, referred to the passage of any such bill. I suppose the bill is pending before the the Committee of the Whole on the Private Calendar, and, with the Committee on the District of Columbia, and I move that the memo- accompanying report, ordered to be printed. rial be referred to that committee. ADVERSE REPORTS. The motion was agreed to. Mr. ROBBINS, of North Carolina, by unanimous consent, from the IllrPEACHMENT OF W. W. BELKNAP. same committee, reported adversely upon the following; which were The PRESIDENT pro tempore. If there be no furt.her petitions, laid on the table, and the accompanying reports ordered to be printed: pursuant to order, legislative and executive business will be sus- A bill (H. R. No. 114) for the relief of Orloff Johnson; and pended and the Senate will proceed to the consideration of the articles The petition of John A. Parker, late United States consul at Hon- of impeachment exhibited by.the House of Repre entati'\"es against olulu. William W. Belknap, late Secretary of War. The Sergeant-at-Arms ADJOURNMENT. will clear the galleries and close the doors. :Mr. BEEBE. I move that when the House adjourns to-day it be to The Senate then proceeded to the trial of the impeachment of meet on Monday next. William W. Belknap, late Secretary of War. Mr. RANDALL. I move that the House now adjomn. The Senate sitting for the trial of the impeachment of William W. The SPEAKER 1rro tempore. The question will be first taken upon Belknap having adjourned then resumed its the motion of the gentleman from New York, [Mr. BEEBE.] LEGISLATIVE SESSION. The question was taken; and the motion was not agreed to. On motion of Mr. EDMUNDS, it was The question recurred upon the motion of Mr. RANDALL. The motion was agreed to; and accordingly (at five o'clock and Ordered, That when the Senate adjourns to-day it be to meet on Monday next at ten o'clock a. m. twenty minutes p. m.) the House adjourned. VISITORS TO WEST POINT. The PRESIDENT p1·o tempore appointed Mr. PATrERSON a member PETITIONS, ETC. of the Board of Visitors on the part of the Senate to visit the Military The following memorials, petitions, and other papers were pre- Academy at West Point, in place of Mr. CLAYTON, resigned. sented at the Clerk's desk under the rule, and referred as stated : On motion of Mr. MITCHELL, (at six o'clock and thirty-seven min- By Mr. BASS: Resolutions of the Buffalo Board of Trade, favoring utes p.m.,) the Senate adjourned. t.he appointment of commissioners to ascertain on what terms mutu- ally beneficial treaties of commerce with Canada and Mexico can be arranged, to the Committee on Commerce. Also, resolutions of the Buffalo Board of Trade, favoring liberal ap- HOUSE OF REPRESENTATIVES. propriations for the Signal Service Corps, to the Comm1ttee on Ap- propriat.ions. SATURDAY, May 27, 1876. By Mr. FELTON: The petition of citizens of Floyd County, Geor- The House met at twelve o'clock m. Prayer by the Chaplain, Rev. gia, for a post-route from Cave Spring to Livingston, via Thomas's I. L.-TOWNSEND. :Mills, in said State, to the Committee on the Post-Office and Post- The J omnal of yesterday was read and approved. Roads. By Mr. FORT: Papers relating to the claim of Hugh Worthington, PUBLIC PROPERTY AT NORFOLK, VIRGINIA. to the Committee on War Claims. Mr. ROBBINS, of Pennsylvania, from the Committee on Naval By Mr. LEAVENWORTH: Remonstrance of the Sheep-Breeders' Affairs, by unanimous consent, reported back the bill (H. R.No.18G9) and Wool-Growers' Association of New York, against any change of providing for the repair and preservat.ion of the publio property at the tariff on wool or woolen manufactures, to the Committee of vVays Norlolk, Virginia; and moved that the committee be discharged from ancll\Ieans. • its further consideration, and that it be referred to the Committee on By Mr. MAcDOUGALL: The petitibn of W. H. French, jr., late In- Appropriations. dian agent, Orow Creek agency, Dakota, that the accounting officer The motion was agreed to. 1876. CONGRESSIONAL RECORD-·HOUSE. 3355 ORDER OF BUSINESS. PUBLIC ADVERTISING IN THE DISTRICT OF COLUl\IBIA. Mr. HARRIS, of Virginia. i understand that it is the wish of the Mr. SINGLETON also, from the same committee, reported back, Committee on Military Affairs to press the consideration of the bill to with a recommendation that it pass, the bill (H. R. No. 2552) tore- promot~ the efficiency of the .A.rmy of the United States, &c. I also duce the expenditures for public advertising in the District of Colum- understand that it is the wisb of the Committee on Appropriations to bia. ascertain the result of the action of the House upon that bill in or- The bill was read. It provides that so much of section 3826 of the der to control their action upon the Army appropriation bill. I will Revised Statutes as provides that all advertisements, notices, and pro- therefore refrain from calling up now the regular order, which is the posals for contracts for all the Executive Departments of the Govern- contested-election case of Spencer 1~8. Morey, but will yield the floor ment, anti the laws passed by Congress and executive proclamations to the gentleman from Ohio, [.M..r. BA1..'tNING.] and treaties, shall be advertised by publication in three daily papers Mr. B.ANNING. Before I call up the Army bill, I will yield to the published in the District of Columbia, be amended to limit such pub- gentleman from New York, [Mr. LORD,] who desires to make some re- lication hereafter to two daily newspapers published in said District, ports from the Committee on the Judiciary. one of which shall be selected by the Joint Committee on Plinting FEES OF CLERKS OF UNITED STATES COURTS IN CALIFORNIA. on the part of the Senate and one by the Joint Committee on Print- ing on the part of the House of Representatives. l\1r. LORD. I am directed by the Committee on the Judiciary to Mr. SINGLETON. The whole object of this bill is to require these report a ~mbstitute for Honse bill No.136, to amend section 840, chap- advertisements to be published in two newspapers instead of threo. teL' 16, title 13, of the Revised Statutes of the United States. The We do not see any necessity for the publication in three newspapers effect of the bill is to reduce the fees of the clerks of the circuit and of this District. distl"ict coUl"t of California by one-half. They are now entitled to The bill wa~ ordered to be engrossed and read a third time; and receive double the fees allowed to clerks of the coUl"ts in other States, being engrossed, it wa~ a-ccordingly read the third time, and passed. except Oregon and Nevada. Mr. SINGLETON moved to reconsider the vote by which the bill The bill amends section 840 of chapter 16, title 13, of the Revised was passed; and also moved that the motion to reconsider be laid on Statutes by striking ont the word "California." the table. There being no objection, the bill (H. R. No. 3589) was received, The latter motion was agreed to. read three times, and pas ed. . .Mr. LORD moved to reconsider the vote by which the bill was OFFICIAL DffiECTORY OF STATE GOVERNMENTS. passed; and also moved that the motion to reconsider be laid on the Mr. SINGLETON also, from the same committee, reported back table. adversely a resolution of the Legislature of the State ·of Wisconsin, The latter motion was agreed to. relating to a consolidated official directory of theseveral State govern- ALABAMA CLAil\18-GE:NEVA AWARD. ments, and moved that the same be laid on the taltle. Mr. LORD. I am also instructed by the Committee on the Judici- The motion ~as agreed to. ary to report back HouAe bill No. 3116, providing for the payment of WALKER'S STATISTICAL ATLAS. judgments of the coUl"t of commissioners of Alabama claims. The Mr. SINGLETON also, from the same committee, reported back ad- coUl"t has passed upon all the claims under chapter 499 of the acts of versely a resolution for printing five thousand additional copies of the last session of Con~ress. Most of the claims have already been Walker's Statistical Atlat:~, and moved that the same be L'lid on the paid. This bill authonzes the Secretary of the TreasUl"y to pay the ta~ • balance of these judgments to the persons to whom they have been The motion was ngreed to. awarded and who are really suffering for the amount rs said it was all such issues. an improvement on the old one, and I found their objections were rather as to the A further inquiry will show that this issue to the troops of broken details and mana::ement of their new system than a~aiwst the principle of it. I ought to add that the change in the British system ofsuplllying their army was packages requii·es more care and business capacity than the purchas- only adopted after a most exllaustive examination of tho subject in all it branches ing of supplies and the issuing the same in whole or entire packages. and from the statements of a large number of the most prominent commanders and Then the inquiry naturally arises, if the mor~ intricate and compli- officers, of all corps and grade~, as to their experience at home and abroad, in the wars of the Crimea, in Indfu, and New Zealand. Still, it is no such thorough con· cated duties of the Quartermaster and Comm1ssary Departments can solidation as they have attempted. with more or less sncces.~, that I wish to' be un- be thus performed by one officer, might not the two departments be derstood as recommending. Antl though there are cert.ain ,:reneral principles which consolidated into one to the advantage of the service and large sav- will apply to an armies, Thave only been guided by what I have seen at home, in ing of the public funds f · suggesting as I have done, the merging of two of our departments-that of the Without stopping to argue the propriety of this consolidation, I call Quartermaster's and Commissary-into one. I clo not propose, aa is dono abroad, to include in this consolidation the supply the attention of the House to the evidence of the Army officers out- branch of the Meilical Department, nor that of the Ordnance Department, for side of the staff, (who must be ruled out a{) witnesses being parties in these each require a special knowledge, and to mingle th~m with the others would interest.) General Sherman favors it. Hancock says it is pmcticable. not be '3implification, but undue accumulation, and of thin:;rs having no relation to each other. Schorleld says: Why it should require one Department to select medicines, hospita.l.stores, and It is my opinion that tho duties now performed by onr Quartermaster, Sabsist- surgical instruments, and another to prepare tl!e ammunition, arms, and armament, ence, and Pay Departments could be better and more economically performed under I can well Ree; but why we have one Department (the Qnartermaster's) to supply one organization. coal and another (the Commissary) to supply candles, one to i sue clothes, the other to issue food, one to bny grain and another to buy beans, I do not see. General Howard is in favor of the consolidation. General Crook It ma:v be urged that the consolidation suggested would overload a. Department recommends it. Colonel Mackenzie says: n()w sufficiently burdened ; that perfection ancl excellence aro to bo hated upon the condition that their wives were to ae. them and receive the allowances of laundresses, I would respectfully rec- tains, majors, and colonels, should have the right to wear in the ser- ommend that no more married men be allowed to enlist in time of pea~e, and that, vice some evidence of the country's acknowledgment of their gal- at the expiration of the terms of service of those soldiers whose wives are author- lantry. ized laonllrcss'es, they only be re.enliste(l in exceptional cases, such as meritorious SERVANTS. non-commissioned officers or especially dcservin~ private soldiers. In this man- ner a reduction of one-half or the whole number of laundresses could be made with- Section 21 authorizes officers to employ soldiers as private servants out injustice to anv one. with their consent and the approval of the commanding officer, pro· In the opinion o£ many experienced line officers, all the laundresses might with vided the officer shall return to the Treasury the amount of the sol- great advantage to the service bo dispensed with. anu their places supplied b:v each soldier doing his own washing, or by colorecl or white men being enhsted ana ade- dier's pay. quately compensated for this especialt>ervice, or by U.etails from the troops, which This section is recommended by the Secretary of War, the General has occasionally been done in our Army and is tho universal practice in almost of the Army, and many Army officers, for the reason that it is im- every European service except the En~lish. Our soldiers are regularly detailed to possible for officers to procure servants at many posts on the frontier. surveyors, cook for the companies, and in the fielu they wash th~ir own clothes ; so do miners, and explorers, and they do not look upon 1t as any great hardship. This will make a saving of $180,000. The opinions of these officers show conclusively that laundresses PAY OF SERGEANT·MAJOU, QUARTERMASTER·SERGEANT, AND FIRBT SERGEANT. sboulai 15~. :;3 0 t>il ous from the necessity they were under of dividingwith high Govern- ~..., ~ ~cl! l=l ment officials, ordered to the most distant frontier post. Buildings ~d ~"g ~ z;::~ .... 'd ~P- Q rn ~ rented in violation of and in the very teeth of the law, and Concrress informed in answer to a resolution of inquiry, "It was by my or~er." ----------------------------------·1-------------- ------ ARTU..LERY. A deficiency of $500,000 in the Paymaster's Department, and a de- mand of an appropriation of that amount to pay the Army for fifteen Sergeant-majors .....••••••.••.••.•••••••••...•.. 5 ......... 5 ........... days of the last fiscal year, while the Book of Estimates asked for Quartermaster-sergeants .•......•••••...•....•.. 5 ... ...... 5 . ........... $3:l,697 ,178.50 t.o defray the expenses of the military establishment, Cb!ef _muaicia~s,. .........•.•.••.•...•.••.••...•. 5 .. ....... 5 . ............ Princ1pal musw1ans .••.•••••..•••...•...•.••.••. 10 ........ . 10 . ........... ·being $5,3G6,108.50 more than the appropriations of last year for the same purpose, which amount has Mince been reduced by the new Aggregate •••.•••••••••••••.••••.••.•..•••.. 25 ..•..... 25 $9,960 00 Secretary of War $5,604,000, showing in itself an utter recklessness CAVALRY. in the original estimates of appropriations which could only come from such demoralization a-s I have shown, and the repetition of which Sergeant-majors ..•••••...••....••••.••••..••.... 10 8 2 .......... all the provisions of this bill are made to prevent. Quartermaster-sergeants ...................... .. 10 8 2 ............ The passage of this bill will result in an immediate saving of Chief musicians ............................... .. 10 8 2 ............ 387,433.44 annually, and an ultimate annual saving of $1,166,257.7e, Chief trumpeters ..••.•.•••••..•.....•......•.. 10 8 2 .......... Sad~er sergeants .............................. . 10 8 2 .......... and will make changes and reforms in 1the management of the Army which will add greatly to its efficiency. I submit, in conclusion, a .Aggregate ••.•.•.••..••.••.•...•. .. •....•••. ------ 50 40 --- 10 3, 984 00 sta.tement showing specifically the changes, reductions, and econo- ---- ---- - - INF..ili'TRY. mies of the bill : Statement showing the change~ and 1'uluctions to be effected in the Army of Sergeant-majors ...... ···-·· •••••• .••... .••. .•. . 25 20 5 qll!lrterml!-S~r·sergeants....... . . . . • . . . . . . • . . • . . 25 20 5 the United States by the bill (H. R. No. 2935) to p1·ornote the e.tfioiency of Ch1efmuS1etans.. .. ..•..... .••••. ..... .• • • ... . • . 25 20 5 the A1·rny of the United States, to p1·ot•ide for it8 gmdual 'reduction, and to Principal musicians............................. 50 40 10 ......... . consolidate certain of the staff departnumt8, and for other pu1-poses. ---!---- Aggregate . • • • . . . . • . . • • . • • • . • • • • • • • • • • • • • • • . 125 100 25 9, 96:l 00 .,~ ~ • Q 1-< Total estimate annual saving under section 5 ......................... 23, 90t 00 o-:::j m o"d!:: !£31=1~ •ij:ll=ld ~tti ~~~ o ::l .... 'H "=' §g NoTE.-See in addition as to sixty non.commissioned staff and one thousand and ..irade. ~ ~ ;.3..., ]~g. tn:g ten non-commissioned officers estimated O"d (I) . . ~.0 ~'d"g o::s ..... §g Immediate saving on basis of 1,000 men used as servants . •....•••••••. $180,000 00 Grade. ~.0 'H 'd §g 10 .••••••••••••.•••••. •••·••••••••· 13.................... .•••••.••••• 3,427 27 61,200 00 3,427 27 61,200 00 Grade. O'd .0 menta under section 18 from the non-commissioned officers will not commence for a Grade. ~;~ ~"g ~ lll:g least one year. $~& r .r, Hunton, Hurd, Jenks, tary Affairs knew that he intended to call up this bill this morning f Frank Jones, Thomas L. Jones, Kell~, Knott, Lamar, Franklin Landers, Lane, :Mr. BANNING. The gentleman wants to know whether I notified Lawrence, Lo Moyne, Lewis, Lord, Lynch, Lynde, Maish, McDill, McFarland, Mc- any member of .the Committee on Military Affairs that I intended to Mahon, Metcalfe, Milliken, Money, Morgan, Morrison, Mutchler, Neal, Odell, O'Neill, Parsons, Payne, John F. Philips~ William A. Phillips, Piper, Plati) Pop- ca.ll up this bill this morning. It was one of the earliest bills that pleton, Potter Rea, John Reilly, Rice, Riadle, John Robbins, William M. Roo bins, was introduced into the House at this session. It bas been considered Sayler, Sbeakley, Singleton, Slemons, William E. Smith, Southard, Springer, Sten- at three different times in the committee, and the committee author- ge•·, Stone, Teese1, Terry, Thomas, Thompson, Tufts, Turney, Robert H. Vance, ized me to do just what I have done with it. Last night, in order Waldron, Gilbert C. Walker, Warren, White, Whitthorne, Wigginton, Wike, Wil- lard, Charles G. Williams, James Williams, James D. Williams, Jeremiah N. Will- that every member of the committee should have due notice, I called iams, Fernando Wood, Yeates, and Young-140. up the motion to reconsider the vote by which the bill was recom-. NOT VOTING-Messrs. Bagby, Bass, Beebe, Bell, Blackburn, Blaine, Blair, mitted before we adjourned. I did not· go to members of the Com- Bliss, Bright, William R. Brown, Burleigh, Cannon, Cason, Vaulfield, John B. Clark, jr., of Missouri, Clymer, Cochrane, Collins, Conger, Crapo, Danford, Darr:~U, Davis, mittee on Military Affairs or to other members of the House and Dobbins, Douglas, Evans, Felton, Foster, Freema-n, Gibson, Hale, .Andrew H. notify them that t'he bill was to come up; if I hance, LeMoyne, Lewis, Lortl, Lyntle, Maish, McFarland, McMahon, Metcalfe' Conrt Honse to Middleport, to the same committee. Milliken, Money, Morey Morgan, Morrison, Mutchler, Ollell, O'Neill, Page, Par: By Mr. HARTRIDGE: The petition of manufacturers and dealers in so~s, PaJ.De, J?hn I~. Phillpst P_ierce, ~.per, Poppleto.n, Potter, Randall, Rea, John R01lly, Rice, Riddle, John Roobms, "\Vtlllam M. Robbms, Savage, 8ayler, Sinaleton, distilled spirits in the city of Savannah, Georgia, for the definition of Slemons, William E. Smith, Southard, Sparks, Springer, Stenger, Stone, '1.reese the powers and duties of officers of internal revenue and to further Terry, Thoma~, Thompson, Washington ~uwnsentl, Turney, P.obert B. Vance, Wal: provide for the collection of the tax on distilled spirits, to the Com- dron, Gilbert C. Walker, John W. WallaCe, Ward, Warren, Wike, Willard James mittee of Ways and Means. D. \Villiams, Jeremia.hN. Williams, Yeates, and Yoona-135. • ' ~OT ';'OTI~G;-Messrs. John H. Baker, Bas~, Bee~e, Bell, Blackburn, Blaine, By Mr. HOUSE: The petition of Mary de Zeralos, for compensa- Blatr, llliss, William R. Brown, Buckner, Bm-le1gh, Oason, Caulfield Chittenden tion for pasturage and forage furnished for the use of horses belong· Cochrane, Collins, Conger, Crapo, Danford, Darriill, Davis, Douglaa,' Ely, Evans: ing to the United States Army, to the Committee on War Claims. }'aullmer, Felton, Foster, Freeman, Garfield, Gibson, Hale, Robert Hamilton Har- By Mr. HUNTON: The petition of John Heater, for compensa- rison, Hays, Abram S. Hewitt, Hoar, Holman, Hooker, Hunton, Jenks, Joyce~ KehrJ Ketclmm, Kimb:ill, lling, Georue M. Landers, Lapham, Levy-, Luttrell, Eamuna tion for property taken from an island farm in the Potomac River, W. M.Mackey, L.A. Mackey iiea.de, Miller, Mills, Monroe, Neal, New O'Brien to the same committee. Packer, Phelps, William A. Phillips, Powell, Purman, Rainey, Reaaan James B: By Mr. SPRINGER: Memorial of Dr. B. M. Griffith and other Reilly, Roberts, Robinson, Miles Ross, Sobieski Ross, Scales, Schleiche~ Schoma- physicians of Springfield, Illinois, protesting against the passage of ker, Sbeakley, A. Herr Smith, Strait, Stevenson, Stowell, Swann, Tarbo~, Throck- morton, Tucker, Van Vorhes, John L. Vance, Waddell, Charles C. R. Walker, Wall- a bill to incorporate t.he National Snrgic$1,1 Institute of the District; inl{, Walsh, Erastus Wells, G. Wiley Wells, Wheeler, White, Whitehouse, Whiting, .of Columbia, to the Committee for the District of Columbia. 1876. CONGRESSIONAL RECORD-HOUSE. 3365 By Mr. LAWRENCE: Petitions for the acknowledgment of God VETERANS OF THE MEXICAN WAR. and Christianity in the Constitution of th~ United States, signed by The SPEAKER also, by unanimous consent, laid before the House a 3,655 persons living in the States of ILdiana, Illinois, and :Michigan, letter from the Secretary of War, relative to a loan of t-ents to the to the Committee on the Judiciary. National Association of Veterans of the Mexican War; which was B:v Mr. THROCKMORTON: Memorial of citizens of Clay County, refen-ed to the Committee on Military Affairs. Texas, protesting against changing the mail-route between Fort Sill, Indian Territory, and Jacksborough, Texas, from its present line, to CONTINGENT EXPENSES, MILITARY ESTABLISHMENT. the Committee on the Post-Office and Post-Roads. The SPEAKER also, by unanimous consent, laid before the Honse .Also, the petition of citizens of Clay County, Texas, of similar im- a letter from the Secretary of War, transmitting st.atement of the con- port, to the same committee. tingent expenses of the military establishment for the year lt:!75; By Mr. WALDRON: The petition of Sarah Lombard, widow of which was referred to the Committee on Appropriations. William Lombard, deceased, late of Company C, Forty-third Regi- CAPTAIN J. T. M'GINNISS. ment New York Volunteers, for a pension, to the Committee on In- The SPEAKER also, by unanimous consent, laid before the Honse valid Pensions. a letter from the Secretary of War, transmitt.ing the report of the Commissary-General on a bill (H. R. No. 2'257) for the relief of Capta-in J. T. Mc.Ginniss, captain Thirteenth Infantry; which was referred to the Committee of Claims. IN SENATE. UTE INDIAN RESERVATION. MoNDAY, May 29, 1876. The SPEAKER also, by unanimous consent, laid before the Honse a letter from the Secretary of War, transmitting a copy of the report The Senate met at ten o'clock a.m. of General Sherman on a bill (H. R. No. 3347) making an a.ppropria- The Journal of the proceedings of Saturday L'lBt W:l8 read and ap- tion for the construction of a military post near the Ute Indian res- proved. ervation in Colorado Territ-ory; which was referred to the Commit- IMPEACHMENT OF W. W. BELKNAP. tee on Military Affairs. The PRESIDENT pro tempore. If there be no petitions, pursuant MILITARY DIVISION OF THE PACIFIC. to order, legislative and executive business will be suspended and the Senate will proceed t.o the consideration of the articles of im- The SPEAKER also, by .unanimous consent, laid before the House peacOhment exhibited by the House of Representatives against Will- a communication from Lieutenant Jones, inspector-general United iam W. Belknap, late Secret:ny of War. The Sergeant-at-Arms will States Army, on the re-organization and administration of the affairs clear the galleries and close the doors. of the military division of the Pacific; which was referred to the The doors having been closed, the usual proclamation was made by Committee on Military Affairs. the Sergeant-at-Arms. WIND-l\IILL POINT LIGHT-STATION. The Senate then proceeded to the trial of the impeachment of Will- The SPEAKER also, by unanimous consent, laid before the House iam W. Belknap, late Secretary of War. a letter from the Secretary of the Treasury, transmitting one from The Senate sitting for the trial of the impeachment of William W. the naval secretary of the Light-House Board on the subject of an Belknap having adjourned then resumed its appropriation for a road from Wind-Mill Point light-house station to LEGISLATIVE SESSION. Detroit; which was referred to the Committee on AppropriatiQJls. The Senate resumed its legislative session. LEAVE OF ABSENCE. By unanimous consent, leave of absence was granted in the follow- DECORATION DAY. ing cases: Mr. LOGAN submitted the following resolution; which was con- To Mr. KERR until Thursday next, on account of important bm~f­ sidered by unanimous consent, :md agreed to: ness. Resolved, That when the Senate adjourn!! to-day it adjonrn to meet on Wednes- To Mr. PuRMAN for ten days. day next at twelve o'clock m., so that those who desire to do so may have an op- To :Mr. RoBBINS, of North Carolina, for one week, to attend to busi- portunity to attend the decor:ltion of soldiers' graves at Arlington on Tuesday, ness. the 30th inst:mt. To Dr. TOWNSEND, Chaplain of the House, for the l:l8t four days of EXECUTIVE SESSION. this week. On motion of Mr. PADDOCK, the Senate proceeded to the considera- RANDOLPH MAYNADIER. tion of executive lmsiness. After ten minutes spent in executive ses- On motion of Mr. COX, by unanimous consent, leave was granted sion the doors were . r-e-opened, and (at nine o'clock and thirty-five for the withdrawal from tho files of the House of the papers in the minutes p.m.,) the Senate adjourned. c:l8e of Randolph Maynadier, no adverse report having been made. KENDRICK & AVIS, ETC. 'l'he SPEAKER, by unanimous consent, laid before the House a bill HOUSE OF REPRESENTATIVES. (H. R. No. 1800) for the relief of Kendrick & Avis, Kuner, Zisemann & Zott, Kuner & Zott, all of Saint Louis, Missouri, and Nachtrieb & MONDAY, May 29, 1876. Co., of Galion, Ohio, returned from the Senate with runendments; which was referred to the Committee of Ways and Means. . The Ho.use met at twelve o'clock m. Prayer by the Chaplain, Rev. SURVEY OF THE TERRITORIES. I. L. TOWNSEND. The Journal of Saturday last was rend and approved. The SPEAKER also, by unanimous consent, laid before the House CORRECTION. a joint resolution (H. R. No. 34) to print forty-fh·e hundred copies of the annual report of the United States geological and geographical Mr. SAMPSON. Mr. Speaker, I see there is a mistake in the REc- survey of the Territories, recalled from t.he Senate; which was re- OUD on the question of adjourning over from Saturday to Wednes- ferred to the Committee on Printing. day-I am recorded as not voting ; I was present and voted in the negative. BANKING AND CURRENCY. The SPEAKER. The correction will be made accordingly. Mr. WALLING submitted the following resolution; which was ADJOURNMENT OVER. read, considered, and agreed to : .Resolved, That the Committee on Rules be instructed to so modif:v the rules ancl :?tlr. MORRISON. I move that when the House adjourns to-day it order of business as to authorize the Committoo on Banking and Currency to re- adjourn to meet on ·wednesday next. port at any time. · The motion Wl!S agreed to. Mr. \VALLING moved to reconsider the vote jnst taken; and also ENROLLED BILLS: mov6(l that the motion to reconsider be laid on the table. Mr. HARRIS, of Georgia, from the Committee on Enrolled Bills, The latter motion was agreed to. reported that they had examined and found truly enrolled bills of the ORDER OF BUSINESS. following titles; when the Speaker signed the same: The SPEAKER. The morning hour begins at ei~hteen minutes An not (S. No. 708) for the relief of John M. English, of North Car- past twelve o'clock; and this being Monday, the first business in olina; order is the call of the States and Territories, beginning with the · An act (H. R. No. 2826) to refund n.nd remit certain duties to Peter State of Maine, for the introduction of bills and joint resolutions for Wright & Sons; and reference to their appropriate committees, not to be bFought back on t An net (H. R. No. 3479) making cert.ain transfers of appropriations motions to reconsider. Under this call memorials and resolutions of in provisions for the contingent expenses of the Department of Jus- Stc'tte and territorial Legislatures may be presented for reference and tice for the cun-ent year. printing. . FORT DODGE MILITARY RESERVATION. If there be no objection, the call will be continued without refer- The SPEAKER, by unanimous consent, laid before the House a let- ence to t·he morning hour until all the States and Territories have been called. The Chair hears no objection. ter from the Secretary of War, relative to the sale of the military reservation at l!,ort Dodge, Kansas; which was referred to the Com- EDUCATION OF INDIAN CHILDREN. mittee on Military Affairs. Mr. SEELYE introduced a bill (H. R. No. 3591) to educate certain 3366 CONGRESSIONAL RECORD-HOUSE. M.A:i· 29, Indian children and youth; which was read a first and second time, SECTION 828 REVISED STATUTES. referred to the Committee on Indian Affairs, and ordered to be Mr. LEMOYNE introduced a bill (H. R. No. 3606)toamendsection printed. 828, chapter 16, Revised Statutes, regulating fees of clerks, &c., of SALARIES OF INDIAN AGENTS. courts; which was read a. first and second time, referred to the Com~ Mr. SEELYE also introduced a bill (H. R.No. 3592) respecting the mittee on the Judiciary, and ordered to be printed. salaries of Indian a~ents; which was read a first and second time, re- W1LLIA1tl H. BELL ferred to the Committee on Indian Affairs, and ordered to be printed. Mr. BURCHARD,ofil.li.D.ois, introduced a bill(II. R.No. 3607) grant· Th-niANS IN MICHIGAN, ETC. ing a pension to William H. Bell; which was read a. first and second Mr. SEELYE also introduced a bill (H. R. No. 3593) to provide for time, referred to the Committee on Invalid Pensions, and ordered to the transfer to the States of Michigan, New York, and North Caro- be printed. 1ina, of the care all(l custody of the Indians and their lands now found HOT SPRINGS RESERVATION, ARKANSAS. within those States; which was read a first and second time, referred Mr. GAUSE introduced a bill (H. R. No. 3608) to repeal section 5 to the Committee on Indian Affairs, and ordered to be printed. of the act in relation to the Hot Springs reservation in the State of SECTIONS 2513 AND 2514 OF REVISED STATUTEi. Arkansas; which wa-s read a first and second time, referred to the Committee on Public Lands, and ordered to be printed. ?tir. CRAPO introduced a bill (H. R. No. 3594) to repeal sections 2513 and 2514 of the Revised Statutes of the United States ; which G. W. SAMPSON AND B. HENRICKS. was read a first and second time, referred to the Committee of Ways Mr. HANCOCK introduced a bill (H. R. No: 3609) for the relief of and Means, and ordered to be printed. George W. Sampson and Benjamin Henricks, of Austin, Texas; which . CELEBRATION OF FOURTH OF JULY IN DISTRICT. was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. Mr. HARDENBERGH introduced a joint resolution (H.R.No. 117) to authorize the commissioners of the District of Columbia to make ANA. M. ROLAS Y ROBALDO. an appropriation for the celebration of the Fourth of July, 1876; Mr. THROCKMORTON introduced a bill (H. R. No. 3610) for the rA- which was read a first and second time, referred to the Committee for lief of Ana M. Rolas y Ro baldo, widow of Francisco Robaldo, deceased; the District of Columbia, and ordered to be printed. which was read a first and second time, referred to the Committee on WILLIAM S. FONDA. Military Affairs, and ordered to be printed. Mr. CUTLER introduced a bill (H. R. No. 3595) granting a pension EASTERN BANDS OF CHEROKEE ThTJ>IANS. to William S. Fonda; which was read a first and second time, re- Mr. TUFTS introduced a bill (H. R. No. 3611) for the relief of the ferred to the Committee on Invalid Pensions, and ordered to be eastern bands of theNorth Carolina Cherokeea, to enforce the treaties pr1nted. of 1835,1836,1846, and 1866, tore-imbnrse nmds misappropriated, stnd JAMES WRIGHT. to provide for a final sett1ement; which was read 3 first and second Mr. SCALES introduced a bill (H. R. No. 3596) granting a pension time, referred to the Committee on Indian Affairs, and ordered to be to James Wright, of North Carolina, one of the survivors of the war printed. ·of 1812; which wa-s read a first and second time, referred to the Com- ELIZABETH J, SIMPSON. mittee on Revolutionary Pensions, and ordered to be printed. Mr. McCRARY introduced 3 bill (H. R. No~3612) for the relief of DANIEL LOWRY. Elizabeth J. Simpson; which W'lS read a first and second time, re~ · Mr. FELTON introduced a bill (H. R. No. 3597) to refer the claim ferred to the Committee on War Claims, and ordered to be printed. of Daniel Lowry, sr., of Georgia, to the commissioners of claims for PATENTS TO LANDS. ·re-examination and report; which was read a first and second time, referred t{) the Committee on War Claims, and ordered to be printed. Mr. PAGE (for Mr. PIPER) introduced a bill (H. R. No. 3613) to pre· EDWARD WILSON. vent the issue of two patents for the same land; which was read a first and second time, referred to the Committee on the Judiciary, and Mr. VANCE, of North Carolina, introduced a bill (H. R. No. 3598) ordered to be printed. granting a pension to Edward Wilson, late a private in Company G, MIAMI INDIANS. Third North Carolina Mounted Infantry; which was read a first Mr. GOODIN introduced a bill (H. R. No. 3614) to carry out, in and second time, referred to the Committee on Invalid Pensions, and part, the provisions of the act entitled "An act to abolish the tribal ordered to be printed. relations of the Miami Indians, and for other purposes," approved JOHN ALLEN. March 3, 1873; which was read a first aud second time, r~for.red to ?tfi.. YOUNG introduced a bill (H. R. No. 3599) for the relief of John the Committee on Appropriations, and ordered to be printed. Allen, of Hardeman Connty, Tennessee; which was read a first and second time, referred to the Committee on War Claims, and ordered OLIVE PADGET. to be printed. Mr. FAULKNER introduced a bill (H. R. No. 3615) for the relief of SAMUEL MOSBY. Olive Padget, of Jefferson County, West Virginia; which was read a Mr. YOUNG also introduced a bill (H. R. No. 3600) for the relief of first and second time, referred to the Committee on Invalid Pensions, Samuel Mosby, of Memphis, Tennessee ; which wa-s read a first and and ordered to be printed. second time, teferred to the Committee on War Claims, and ordered JOHN H. KING. · to be printed. Mr. FAULKNER also introduced a bill (H. R. No. 3616) for there~ MRS. SALLIE JARRATT. lief of John H. Kin~ ; which was read 3 first and second time, re- Mr. YOUNG also introduced a bill (H. R. No. 3601) for the relief of ferred to the Committee on War Claims, and ortlered to be printld. Mrs. Sallie Jarratt, executrix of Gregory Jarratt, of Hardeman County, F. PROSH .AND T. F. M1ELROY. , Tennessee ; which was read a first and second time, referred to the Mr. JACOBS introduced a bill (H. R. No. 3617) for the relief o£ P. Committee on War Claims, and ordered to be printed. Prosh and T. F. McElroy, Washington Territory; which was read a CHARLES C. BURKE. first and second time, referred to the Committee on Private Land Mr. YOUNG also introduced a bill (H. R. No. 3602) for the relief of Claims, and ordered to be printed. Charles C. Burke, administrator of the estate of Elizabeth Burke, of INDIANS AT CENTENNIAL EXPOSITION, Memphis, Tennessee; which was read l:li first and second time, referred Mr. MAGINNIS introduced a joint resolution (H. R. No. 118) to per· to the Committee on War Claims, and ordered to be printed. mit a delegation of Indians to visit the centennial exposition; which R. DUDLEY FRAYSER. was read a first and second time, referred to the Committee on Indian Mr. YOUNG also introduced a bill (H. R. No. 3603) for the relief of Affairs, and ordered to be .printed. R. Dndley Frayser, administrator of the estate of Fletcher Lane, of ORDER OF BUSINESS, Memphis, Tennessee; which was read a first and second time, referred The SPEAKER pro ternpore. The call of States and Territories hav~ to the Committee on War Claims, and ordered to be printed. ing been concluded, bills will now be received for roference from gen~ DAVID RHEA. tlemen who were not in their seats when their States were called. Mr. McFARLAND introduced a bill (H. R. No. 3604) for the relief AUGUST w. ZERM.ANN. of David Rhea, late second lieutenant First Regiment Tennessee Light Mr. ELY introduced a bill (H. R. No. 3618) to grant a pension to Artillery; which was read a first and second time1 referred to the August W. Zermann; which was read a first and second time, re- Committee on ~Iilitary Affairs, and ordered to be prrnted. ferred to the Committee on Invalid Pensions, and ordered to be SECTION 4718 OF THE REVISED STA~TES. printed. Mr. McFARLAND alsointroduced a bill(H. R. No. 3605)to modify SAMUEL WINSLOW. and amend section 4718 of the Revised Statutes of the United States so Mr. DENISON introduced a bill (H. R. No. 3619) granting g, pen .. as to provide for the payment of pensions to deceased pensioners, &c., siou to Samuel Winslow; which W!tfi read a first and second tim~, in certain cases; which was read a first and second time, referred to referred to the Committee on Revolutionary Pensions, and ordered the Committee on the Revision of the Laws, and ordered to be printed. to be printed. 1876. CONGRESSIONAL RECORD-HOUSE. 3367 DAVID TUCKER. Frank Jones, Thoma.sL.Jones, Knott;, LeMoyne, Lewis, Lord, Lynde, McFarland, Metcalfe, Milliken, Mills, Money, Morey Morrran, Morrison, Neal, O'Brien, Par- Mr. GLOVER (by request) introduced a bill (H. R. No. 3620) for the sons, Payne, John F. Philips, Piper, Poppleton,~a, Reagan, Rice, Riddle, Sava~e, relief of David Tuckor, Indian interpreter; which was re.a.d a first Sayler, Scale.~, Schleicher, Schumaker, Seelye, Singleton, William E. Smith, aml second time, refen-ed to the Committee on Indian Affairs, and or- Sparks, Springer, Tarbox, Terry, Thomas, Throck.tnorton, Robert B. Vance, Gilbert C. Walker, Walling, Warren, Erastus Wells, Whiting, Whitthorne, Wigginton, dered to be printed. James Williams, James D. Williams, Jeremiah N. \VilliaUUJ, \Villis, Fernando MOOR N. FAI..LS. Wood, Yeates, and Young-120. Mr. O'NEILL introduced a bill (H. R. No. 3621) for _the benefit of NAYS-Messrs. Adams, Geor~e A. Bagley, John H. Baker, William H. Baker, Ballou, Banks, Ba.ss, Jnaine, Bl:nr, Brndley, William R. Brown, Caswell, Clymer, Moor N. ~,alls; which wa.s read a first and second time, referred to Crapo, Crounso, Cutler, Danford, Davy, Denison, Dobbins, Eames, Egbert, Frost, tho Committee on War Claims, and ordered to be printed. Frye, Garfield, Haralson, Haruenbergb, Benjamin W. Harris, Hathorn, Hendee, Henderson, Hoge, Hopkins, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, Jenks, REDEMPTION OF GOLD NOTES. Kasson, Kelley, Ketchum, Kimball, Lawrence, Leavenworth, Lynch, Edmund W. Mi.-. PAGE introduced a bill (H. R. No. 3622) providing for there- M. Mackey, Magoon, MacDougall, McCrary, Miller, Monroe, Mutchler, Nash, Nor- demption of national-bank notes payable in gold at the office of the ton, Oliver, O'Neill, Packer, Pasre, William A. Phillips, Pierce, Plaisted, Platt, Pot- tet·, J>owell, Randall, John ReiUy, John Robbins, Sampson, Sheak.ley, Sinnickson, assistant treasurer of the United States, San Francisco; which was Slemons. Smalls, Stenger, Stone, Stowell, 1.'cese, Thompson, Thornburgh, Martin read ~ first and second time, referred to the Committee on Banking I. Townsend, \Vashington Townsend, Tufts, Turney, Van Vorhes, Wait, Alexander and Cunency, and ordered to be printed. S. Wallace; .Tohn W. Wallace, G. Wiley Wells, White, Willard, Amlrew Williams, Charles G. Williams, James Wilson. and Woodworth-94. JAMES A.. HEARD. NOT VOTING-Messrs. Beebe, Bell, Blackburn, Bliss, Burleigh, Cason, Caul- Mr. ATKINS introduced a bill (H. R. No. 3623) for the relief of field. Cochrane, Collins, Conger, Cox. Darra.ll, Davis, Durand, Ely, .Evans, Foster, Freelllan, Gibson, Hale, Robert Hamilton, Henry R. Harris, Hays, Abrnm S. Hew- James A. Heard; which was read a first and second timo, referred to itt, Hill, Hoar, Joyce, Kehr, King, Lamar, ]i'rnnklin Lande.r s, George M. Landers, the Committee of Claims, and ordered to be printed. Lane, Lapham, Levy, Luttrell, L. A. Mackey, Maish, McDill, McMahon, Meade, New, Odell, Phelps, Pratt~ Purman, Rainey, Jamesll. Reilly, William M. Robbins, ISHAM WEBB. Roberts. Robinson, Milt's Ross, Sobieski Ross, Rusk, A. lnrr Smith Southard, Mr. HOLMAN, by unanimous consent, introduced a bill (H. R. No. Strait, Stevenson, Swann, Tucker, JohnL. Vance, Waddell, Waldron, Charles C. B. 3624) granting a pension to Isham Webb, a soldier of the war of 1812; Walker, Walsh, Ward, Wheeler, \Vhitehouse, Wike, Alpheus S. \Villiams, Will- iam B. Williams, Wilshire, Benjamin Wilson, Alan ~Vood, jr., and Woodburn-75. which was read a first and second time, referred to the Committee on Revolutiona1·y Pensions, and ordered to be printed. So the motion to reconsider the vot.e by which the main question was ordered was agreed to. ORDER OF· BUSINESS. During the roll-call, the following announcements were made: The SPEAKER pro tempore. The second call of States during the Mr. ASHE. My colleagues, Mr. "\VADDELL and Mr. DAVIS, 1.re ~b­ morning hour of Monday is for resolutions, at which time bi1ls on sent by leave of the House. leave may be introduced. Resolutions offered on this call and giv- Mr. JENKS. My colleague, Mr. CocHRANE, is absent by leave of ing rise to debate must lie over for discussion. Upon this call a res- the House. olution, which will be read by the Clerk, was offered by the gentleman Mr. SCALES. My colleague from North Carolina, Mr. ROBBINS, is from 'l'exa.s [Mr. THROCIL'IORTON] on the 27th of January, and now n.bsent by leave of the House. comes up as unfinished lmsiness. Mr. HUNTON. I desire to state that my colleague, Mr. TucKER, is The Clerk read as follows: absent on leave, and is paired with Mr. FOSTER, of Ohio. My col- Resolved, That the Postmnster-Genera.l be respectfully requested to furnish the league, if present, would vote "ay" and Mr. FOSTER would vote House of Representatives with a statement showing the amount due contractors "no." for carrying the United States .mails in Southern ~tates at the beginning of the Mr. DURAND. I am paired with my colleague, :Mr. CoNGER, who civil war, and which bas not been paid in consequence of such contractors being unable to take tho oath required by law. is now absent t,y order of the House. Mr. GARFIELD. I rise to inquire of theChair on what aay of the Mr. CANDLER. My colleague from Georgia, Mr. HAIPUS, is ab- week this resolution was oflered f sEJnt by order of the House. 'l'ltc SPEAKER p1·o tem_pore. On Monday during this call. Mr. VAN VORHES. My colleague from Ohio, Mr. VANCE, is ab- Mr. GARFIELD. I thiuk it was on Thursday. sent by order of the House; and I am paired with him upon all polit- The SPEAKER p1·o kmpore. If so, it is not in order as unfinished ical questions, and this appears to be a qnestio'n of that nature. If business. he were here, I would vote "no." Mr. GARFIELD. . I reserve the point of order until the fact is as- Mr. DENISON. My colleague, Mr. JOYCE, is absent by leave of certained. the House on committeo duty. Tbe SPEAKER pm tentpore. The Clerk stat.es that the resolution Mr. WALDRON. I am paired with my colleawue, Mr. A. S. WILL- wM offered on a Thursday. Therefore it is not properly on the Cal- IAMS. If he were present, he would vote "ay,' and I should vote endar, and doe~; not now come up. The regular order is the call of "no." States for resolutions, ~egiuning with tho State of Main~. Mr. BRADLEY. My colleague, Mr. W. B. WrLLI~s, is absent by leave of the House. If present, he would vote" no." TARIFF. Mr. FORT. My colleague, Mr. STEVENSON, is absent on business of Mr. ADAMS. I offer the following resolution, on which I demand the House. the previous q_ nestion : Mr. PAGE. The gentlemn.nfromNevada, Mr. WoODBURN, is absent Whereas the fact is apparent that aU branches of manufacturing, mechanicaJ, by order of the House. and mining pursuits are at this time greatly depressed, and that all legislation The result of the vote W38 announced as above stated. which tenus to emuarra.ssment by the unsettling of values or the rendering of man- The SPEAKER J>ro tempore. Tho vote ordering the main question ufacturing, mechanical, or mining operations uncertain is unwise and injudicious: Therefore, having been reconsidered, the resolution is divested of the operation Resolved, That in the judgment of this House legislation aftbcting the tariff is at of the previous question. this time ine:x:podient. Mr. MORRISON. I rise to debate the resolution. The previous question wns seconded ancl the main question ordered. The SPEAKER pro tempore. Debat-e arising, the resolution goes Mr. MORRISON. Is it in order to debate this resolution T over. The SPEAKER p1·o tempore. It is not. The main question has been ORDER OF BUS:rnESS. ordered. Mr. WALKER, of Virginia, obtained the floor, and yielded to .Mr. Mr. MORRISON. I move then to reconsider the vote by which the BANNING. main question was ordered. Mr. PAGE. I raise the point whether on Monday one gentleman The question being taken, there were-ayes 83, noes 75. can be recognized and yield to another in this way. Mr. TOWNSEND, of New York, and Mr. ADAMS called for the The SPEAKER pro tempore. The gentleman from Virginia [Mr. yeas and nays. WALKER] h38 the floor, a.ud has yielded to the gentleman from Ohio, The yeas and nays were ordered. [Mr. BANNING.] 1\ir. CANNON, of Illinois. I rise t.o a pa.rliamentary inquiry. If Mr. PAGE. Can that be done f the House should now refuse to reconsider the vote by which the The SPEAKER pro tempore. It has been done. main question was ordered and if the resolution should come up to- Mr. P.AGE. But on Monday, after the morning hour, it is in order day to be voted on, would it be divisible or would we have · to vote to move to suspend the rules; and I want to know whether a gentle- upon it as a whole! man can obtain the floor in this way and yield it as often as he pleases. The SPEAKER pro tempo1'e. The Chair would decide the point at The SPEAKER p1'0 ten~pore. For all that the Chair knows, the gen- the proper time when the question comes up. The Clerk will now tleman may have risen upon a motion to suspend the rules. call the roll on the motion to reconsider the vote by which the main Mr. BANNING. The gentleman will not object to my proposition question was ordered. when he hears it. I a~k that the unfinished business of last Satur- The question WM taken; and there were-ayes 120, noes 94, not day, the Army bill, may go over until next Wednesday. voting 75; aa follows: There being no objection, it wa.s ordered accordingly. YEAS-Messrs. Ainsworth, Anderson, Ashe, At.kins, Bagby, John H. Bagley, jr., Banning, Bland, Blount, Boone, Bradford, Bri~ht. John Young Brown, BUck- PUBLIC LA'Y!>~ FO.U. EDUCATIONAL PURPOSES. n er, IIoratioC. Burchard, Samuel D. Burchard, Cabell, John H. Caldwell, William P. Caldwell, Campbell, Candler, Cannon, Cate, Chapin, Chittenden, John B. Clarke Mr. WALKER, of Vir~inja, I move that the House resolve itself of Kentucky, John B. Clark, jr., of Missouri, Cook, Cowan, Culberson, De BoU, into Committee of the Whole on the state of the Union for the con- Dibrell, Douglas, Dunnell, Durhant, Eden, Ellis, Faulkner, Felton,l!'inley, Forner.. sideration of the bill (H. R. No. 748) to apply the proceeds of sales Fort l!'ranklin , Fuller, Gause, Glover, Goode, Goodin, Gunter, Andrew H. Hamil- ton, Hancock, John T. Harri~. Harrison, Bartridge, Hartzell, Hatcher, Haymond, of public lands to the education of the people. ~enkle, Hereford, Goldsmith W. Hewitt, Holman, Hooker, Hous~, Hunton, Hurd, The motion was agreed to ; there being-ayes 135, noes 28. 3368 CONGR.ESSIONAL RECORD-HOUSE. MAY 29, Tho Honse according1y resolved itself into Committee of the of free education throughout our entire country. During the first Whole on the state of the Union, (Mr. HosKINS in the cha.ir,) and ten years the apportionments are to be made on the basis of illiteracy, proceeded to the consideration of the bill (H. R. No. 748) to apply the but forever afterward on that of the whole population. While the proceeds of sales of public lands to the education of the people. bill leaves it optional with each State to accept or reject its distribu- The bill was read, as follows : tive share, yet when once accepted it must be faithfully and honestly B~ it enacted by the Senate and House of Representatives of th.& United States of applied to the purposes therein indicated under the penalty of for- A mericu, in Oongress assembled That the net proceeds of sales of public lands are feiting all right to any other apportionments until full compliance hereby forever consecrated and set apart for the education of the people: Provided, be made with the conditions prescri"Qed. No interference with the Th:tt t·h is act shall not have any effect to repeal, impair, or suspend any law now exist.ing laws for the disposition of the pub~ lands is contemplated, authorizing the pre-emption of public lands or the entry of public lands for home- and the percentages reserved to certain States remain undisturbed. steads, nor as limiting m any manner the pow~r of Congress to alter ~r extend. the right of bomestead npon such lands : And promdedjurther, That nothing contamed These are substantially the main provisions of the bill under consid- in this section shall be held to limit or abridge the power of Congress over the pub- eration, and I trust they may meet with the cordial approbation of lic domain or interfere with granting bounty lands. every member of this House. No patent is claimed for them as for SEc. 2. That the Secretary of the Interior shall cause an account to be t,a.kt-n upon an original discovery, for the principal ideas invoJved have been the close of each fiscal year, and ascertain the total receipts from the salo or other disposition of the public lands of the United States, including all fees received at brought to the attention of Congress and the country at different the ~enoml and district land offices during such year and tho amount of expendi· times and in various forms during almost the entire period of our tures during a::tid year incurred or occasioned by the survey, sale, location, entry, national existence. or other disposition of such lands, including appropriations for the expenses of the While with consummate wisdom and foresight the fathers laid the said officern for said year, and shall certify to the Secretary of the 'l'reasury the amount of the net cash :proceeds from the sale, entry, location, or other disposition foundations of the Republic upon the broad and enduring principles of of such lands as aforesaid, after deducting such expenses and expenditures. civil and religions liberty, they also fully comprehended the truth that SEc. 3. That upon the receipt of such certificate the Secretary of the Treasury the perpetuity of the superstructure they reared depended "upon the shall, on or before tlfe 31st day of July of each year, apportion to the several States and Territories and to the District of Columbia., upon the basis of population of the virtue and intelligence of the people." Amid the throes of the Rev- said States and Territories between the ages of five and twenty-one years, the net olution, and whilofreedom yet hung tremblinglyin the balance, a com~ proceeds of sales of public lands for the previous year: Provided, That after five mittee of the Virginia Legislature, composed of 'l'bomas Jefferson, years one-half of said net proceeds, and after ten years the whole of the same, Edmund Pendleton, and George Wythe, reported a bill to establish shall be set apart as an educational fund, which said fund shall be invested in the bonds of the United States bemng a. rote of interest not less than 4 per cent. " a complete public free-school system to be supported by taxation." per annum, both principal and interest payable in coin, the interest on such edu- A few years later, in the justly celebrated ordinance of 1787, the cational fund only to be appropriated as above providecl: And protJided further, National Government declared that- That for the first ten years the distribution or said net proceeds and the interest on said fund to and ainong the several States, Territories, and District of Colnm· Religion, morality, and knowledge being necessary to good ~overnment and the bin. shall be made accordirig to the numbers of their respective population, of ten happiness of mankind, schools and other means of education shall forever be en- years old and upward, who cannot read and write, as shown from time to time by couraged. the last preceding published census of the United St.ates. And two years earlier the Congress, in tho ordinance for ascertain~ SEc. 4. That the first apportionment under this act shall be made on or before ing the mode of disposing of the western lands belonging to the Gov- the 31st day of Jul;r, 1876; and each of said Stares and Territories shall be entitled to receive 1ts distributive share of each apportionment, to be paid by the Secretary ernment, expressly provided that- of the 'l'reasury to its treasurer or other ollicer authorized by its law to receive the There shall be reserved the lot No. 16 of every township for the maintenance of same, whene>er thereafter it shall file with the Secretary of the Treasury a. certi· public schools within said township. fie'es of six and sixteen years. The distributive share of the District uniformly and unvaryinglypursued in the organization of new States of Columbia s~nll from time to time be paid over to the commission of said District from the public domain. Grants of public lands have also been made created by act of Con!n"ess approved June 20, 1874, entitled ".An act for the gov- ernment of tho District of Columbia, and for other purposes," or other officer or to some of the other States, and in 1862 there was apportioned to all officers provided by law, and shall be applied in the same manner as above pro- the States a.n amount equal to thirty thousand acres for each of their vided for the States and Territories. Senators and Representatives respectively in Congress, for the pur- SEc. 5. That, to entitle any State1 Territory, or the District of Columbia. to the pose of establishing agricul£tiral and mechanical colleges. In fact, benefits of this act, it shall maintain for at lc:tst three months in each year a sys- tem of free public schools for all the children within its limits between the ages of more than' forty-seveh different actS of Congress appropriating nearly six and sixteen, and shall, throu~h the proper officer thereof, for the year ending eighty millions of acres of the public lands for educational purposes the :lOth day of June last preceding such apportionment, make full report of the not only attest the Wisdom and uniform liberality of the people, as ex- number of public free schools, the number of teachers employed, the number of pressed through their governmental agents, but also conclusively and school-houses owned and the number of school-houses hired, the total number of children taught during the year, the actual daily attendance, and the actual num- forever silences all question as to the constitutional power of Con- ber of months of the year schools ha"e been maintained in each of the several gress in the premises. school districts or divi~;ions of said State, Territory, or District, and the amounts ap· "The Congress shall have power to dispose of and make all needful propriated by the Legislature or otherwise received for the purpose of maintaining a. rules and regulations respecting the territory or other property be- system of free public schools. .And if any State or Territory shall misapply, or allow to be misa.p11lied or in any manner appropriated or used other than for the purposes longing to the United States," is the language of the Federal Consti- herein reqmre~\ the funds, or an~ part thereof, received under the provisions of tution, and it would seem to be sufficiently clear and comprehensive this act, or shau bil to comply With the condition.~ herein ~rescribod, or to report, to warrant the action proposed by the bill under consideration, with- as herein provided, through its ~roper officers, the disposition thereof, such State out resort even to contemporaneous and subsequent uniform construc- or Territory shall forfeit its nght to any subsequent apportionment by virtue hereof, until the full amonnt so IDISapplied,lo st, or misaJ?propriatedshallhave been tion. replaced by such State or Territory, and applied as herem required, and until such Considering then, sir, the constitutionality of the bill before the all report shall have been made j and apportionments so forfeited and withheld shall House to be undoubted, the next question which naturally arises is as be added to, and become part of, the principal of the educational fund hereby to the equity and justice of the action contemplated. Upon this created. SEC. 6. That nothing contained in this act shall be so construed as to affect in point I apprehend that no two opinions can be entertained. Whence any manner the existing laws and regulations in regard to the adjustment and pay- came our vast public domain, and upon what conditionsf Under ment to States of the percentage of the net .I!roceeds of the sales of the public what circumstances was it acquired, or with whose treasure was it lands within their respective limits as proVIded in section 3689 of the Revised purchased t Let it be remembered at the outset that when this na- Statutes of the United States. tion was born it was as destitute of public domain as other infants The CHAIRMAN. The Clerk will now report the amendment of are of raiment,. and that all the-vast possessions of the Government the Committee on Education and Labor. were of subsequent a{!quisition. These acquisitions were either tho The Clerk read as follows : voluntary cessions of the States, purchases by the nation with the na- Strike out the words in the first line of the bill " of sales, " and aftt-r the word tional treasure, or conquests by the national forces. First in date, "of" insert "the;" so it will read: "That the net proceeds of the public lands," &c. as well as in importance, came the cessions by the several Stat.es Mr. WALKER, of Virginia. Mr. Chairman, althon"h the bill bas claiminO' large western possessions by virtue of royal grant or in- been read, yet possibly, to make it more clearly understood, I had dividual conquest. These cessions were made at tho solicitation of better restate substantially its provisions. the Federal Government and for two purposes, first, to strengthen The provisions of the bill before the House are plain ancl explicit. the waning credit of the United States, and, second, to quiet the dis- The great object to be accomplished is clearly stated and the means content of those States which possessed no western territory and for its o.ttainment succinctly set forth. Its object is the consecration which rightly asserted that if these possessions were preserved to of the revenue derived from the public lands to the education of the the States claiming them it would only be by the blood and treasure ·whole people. At the close of each fiscal year the Secretary of the In- of all the States, and that therefore the same should be constituted a terior is directed to certify the net nmount of the proceeds of the public fund for the benefit of all the States. September 6, 1780, Congress lands for that year to the Secretary of the Treasury, who shall within by resolution invited the States to "a liberal surrender of their terri- one month thereafter apportion the same among the several States and torial claim'' to the "western country," and on the lOth of October Territories and thA District of Columbia on the basis of population, to following, by reso1ntion, pledged the United Stat-es to dispose of such be v.pplied by the local authorities of such States, Territories, and Dis- lands as might be surrendered by the States "for the common ben- trict, in accordance with their locallltws, to the education of aU the in- efit of the United States.'' Prior to this time, and in March, 1780, habitants thereof between the ages of five and sixteen years. For the New York, by an act of the Legislature, tendered to the United :first five years the whole amount of such net proceedR is to be thus .States her claims to the "western territory," and a year later actually apportioned; for the succeeding five years, one-half the other half, executed a deed of cession. Virginia responded to the appeal of the and after ten years the whole amount, t.o be invested in United States United States on March 1, 1783, and in 1785, 1786, 1787, and 1789, bonds, only the interest on ~ich shall be thus apportioned; and the Massachusetts, Connecticut, South Carolina, and North Carolina re- investments thus made to remain as a perpetual ftmd for the benefit spectively fo'1.lowed, and Georgia in 1002. The grant. of Georgia com- 1876. CONGRESSIONAL RECORD-HOUSE. ~ 3369 pleted the title of the United States to all those lands generally called provement, colonization, or re-imbursement of any existing debt con- public lands lying within the original limits of the confederacy. tracted for internal improvement as the said Legislatures may sever- Sir, when we contemplate these noble acts of unselfish patriotism, ally designate and authorize." This bill was accompanied by an without a parallel in history, these surrenders of mighty empires for able report from the same committee and finally passed both Houses the public good and the preservation of domestic concord among the of Congress, but was vetoed by the President, chiefly for the reason States of the Union, how much stronger must become our purpose to that it did not provide for an equitable division among all the States. faithfully execute the sacred trusts committed to our care! These Six years later William Cost Johnson, of Maryland, proposed to the magnificent grants to the Federal Government were made in nearly House of Representatives a resolution- every instance in trust for the use and benefit of all the States of the That a committee of one from each State be appointed by the Chair to inquire Union. The gr::tnt of Virginia, by far the most important of all, out into the propriety of reporting a bill to apportion, for the purposes of free schools, of which has been carved five ma~ficent States, every one of which academies, and the purposes of education, an increased portion of the public lands has outstripped the mother State m wealth and prosperity, contained for the benefit of all the States and Territories. this provision : He supported his resolution in an able speech. In 1841 an net was passed, and approved by the Executive, entitled That all the lands within the territ<>ry so ceded to the United Sta'tes and notre- "An act to appropriate the proceeds of the sales of the public lands served for or appropriated to any of the before-mentioned purposesil or disposed of in bounties to the otlicers and soldiers of the American Army, sha be considered and to grant pre-emption tights." This law, among its other provis- as a common fund for the use and benefit of such of the United States ns have be- ions, directed that, after payment of 10 per cent. of the amount re- come, or shall become, members of the confederation or Federal alliances of the ceived from sales within their respective limits to the new States named said States, Virginia inclusive, according to their usual respecti\"e proportions in in its first section and the 5 per cent., theretofore-reserved to the same the general charge and expenditure, and ~hall be faithfully and bema fide disposed of for that purpose, and for no other use or purpose whatsoever. States- The act of cession of New York provided that the lands ceded were The re.~idne of net proceeds * * * of all the public lands of the United States to be held- wherever situated, shall be divided among the twenty-six States of the Union and the District of Columbia and the Territories of Wisconsin, Iowa, and Florida, ac- To and for the only use and benefit of such of the States as are or shall become cording to their respective Federal representative population as ascertained by the parties to the Articles of Confederation. last census, to be applied by the Legislatures of the said States to such purposes as the said Legislatures may direct. That of Georgia, in 1802, provided that after satisfying certain claims- Here was a partial recognition of the equities of the older States, All the lands ceded by this agreement to the United States shall • * + be con- but even the continuance of this was made contingent upon the non- sidered as a common fund for the use and benefit of the United States, Georgia in- increase of "duties on imports." The contingency happened a year cluded, and shall be faithfully disposed of for that purpose, and for no other use or later, so that only two distributions were made, amounting in the }>urpose whatsoever. aggregate to $661,354.53. By the acceptance of these cessions the United States became a trus- Hut not until1862, amid the terrible agony of internecine war, was tee, bound by the moral as well as civil law to administer the trust this undoubted equity of the older States fully and fairly recognized. thus created for the mutual and common benefit of all, not a. part, While the law of 1862 making an appropriation of public lands for of the States of the Union. A like trust was impliedly created in the establishment of agricultural and mechanical colleges enforced the acquisition of all the balance of the public domain possessed by the principle for which I am contending, yet it falls far short of the the United States. Whose, but the common treasure of the people of necessities of the times and the unquestioned duty of the Govern- the whole Union was used in paying the $15,000,000 for the Louisiana ment. It is limited in scope and partial in the benefits conferred. purchase in 1802 and the $5,000,000 for the Flot:ida. purchase in 1819 t Those only who seek a. technical education ca.n derive any substantial And in the acquisitions of New Mexico, Arizona, and California, aid from it, while in many instances the amount appropriated is too whose, but the $25,000,000 of t.he common tre:J,aure of the whole peo- meager to afford the necessary facilities for even this limited instruc- ple was expended, and who but the soldiers of the whole Union tion. ·what we need, and what we must have, is the appropriation of were by the Mexicans " welcomed with bloody hands to hospitable the entire proceeds of the public lands to the education of the whole graves f" Whence, but from the pockets of the whole people came the people. Thus only can the Government best discharge its trustee- $7,200,000 wasted upon the rocky hills and eternally-snow-crowned ship of the public lands, and thus only can be conferred" the great- mountains of Alaska f est good upon the greatest number." · ~ir, this Government has never owned a foot of soil that she did To what higher, nobler, or more beneficial purpose could the public not hold for the common use and benefit of all her people. And how domain be devoted than the education, mental and moral elevation has this trust been administered f Has equal and exact justice been of the people f Are not the proceeds of the public lands the common meted out to all the members of the Union! Ha-s each received its heritage of all the people f Do they not in this respect constitute a just and equnl proportion of this common fund of all or of the bene- peculiar and distinctive fund, differing widely from that received tits .flowing·therefrom f In fact, until 1862, ha-s one of the original from tariffs and taxation, or any other source, in that they are derived grantors or one of the original thirteen States received one particle from the common property of all the people instead of from that of of direct benefit from th1s great trust fund in accordance with tho the few! · trust, except generallyz from th~ amount-s paid into the Federal Now, sir, having demonstrated, I trust satisfactorily, not only the Treasuryf Yet nearly eighty millions of acres have been given to the constitutionality of this bill, but also that it is grounded upon un- new States and Territories for educational purposes and 222,469,337 questioned equity, an equity already fully recognized and never in acres to railroads and for other purposes within the same limits. fact denied, I now propose to briefly discuss the necessities which im- Really the enormous amount of 301,796,139 acres of the public domain, peratively demand its passage. And, sir, I must confess that I enter the common treasure of the whole Union, haa been disposed of in vio- upon this discussion with feelings of the profoundest regret. Yes; atiou of the nation's trust. regret at the existence of terrible and inexorable facts, which have But, sir, I am not here to sing jeremians over the pll8t, nor yet only to be known to fully demonstrate the necessities of our situation. to harshly criticise the action of Congress in making donations of The census of 1870 disclosed a perfectly appalling amount of illit- the public lands to the new States a.nd Territories for educational eracy in this country. About one-fifth of our population, or nearly purposes. The grand results which these donations have enabled the 6,000,000 of our people over ten years o£ age, could neither read nor new States to achieve in the cause of education, the magnificent sys- write. Of the 8,000,000 of voters who mold our institutions and tems of public schools which most of them have thus been enalJled to control our social and political destinies, over 1,600,000 could not even establish, palliate at least, if they do not entirely excuse, the wrong read the ballots they cll8t. And of the 12,055,443 children of school- done the older States. Congress did right in making these donn,tions, age, that is, between the ages of five aud eight,een, 5,458,977, or nearly and its only error consisted m its failm·e to make equally liberal pro- one-half, were growing up in tho depths of ignorance, without any vision for the older States. This injustice, however, has not been school advantages whatever. This is the fearful picture presented suffered to pass unnoticed. Repeated efforts to have this equity of by the census of 1870. But a. far better and to the ordinary mind a. the older States suitably recognized have from time to time been more comprehensible picture was prepared by the Superintendent of made, and these efforts will continue to be made until justice shall the Census, and I trust that every member of this House will take :finally triumph. immediate occasion to examine it. It consists of a map of the United As early as 1823 Mr. White, of Kentucky, introduced in this House States so colored and shaded as to exhibit the relative degree of in- a resolution instructing the Committee of Ways and Means to in- telligence of every locality of our country. The higher state of intel- quire into the propriety of setting apart a portion of the revenue de- ligence is naturally illustrated by the lighter color, and this is gran- rived from the public lands as a permanent fund, the interest upon ually shaded off into the darkness of ignorance. Sir, there is too much which" shall be distributed for the promotion of education to the color upon that map, too many intensely dark spots. Promptly pass several States according to the principles of equal right and justice," this bill, however, and our next census will present a more radiant and .in the following year Mr. Stron~, of New York, introduced a picture, with the darkness gradually but surely receding before the re11olution providing fpr the appropnation of all moneys received advancing light. · from the sales and entries of public lands "to the support of com- An examination of this map, as well as of the census tables of 1870, mon schools and the construction of roarls and canals." In 1832 discloses the fact that the somber shading of illiteracy obtains at Henry Clay, of Kentucky from the Committee on Manufactures of the South in a. far greater degree than at the North. While this is the Senate, reported a uiil to appropriate the net proceeds of the pub- readily explainable, and upon grounds which substantially free the lic Janda (after deductjng certain percentages therein provided for to South from the charge of ne~lect or want of appreciation of the certain new States) to the several States to be applied by the Legis- inestimable benefits of edncatwn, yet the fact exists and cannot be latures of the sa.id State::i "to such objects of education, internal im- ignored. Dm·iug the four years of civil war and for several years 3370 CONGRESSIONAL RECORD-HOUSE. MAY 29, thereafter, the educational institutions of the South were almost ist-er the fund according to the terms of t.he bill, then she is cut off universally closed. While the war prevailed the young men were in from any further benefit until she makes that loss ~ood. the :field, and the whole country was too unsettled for the mainte- I am aware, sir, that it tnay be urged that the bas1s upon which the nance, to any considerable extent of schools, and after the war poverty, apportionments are to be made under this bill for the first ten years interposed for years insuperable obstacles to edncat;ional pursuits. is an invasion of that very equity the existence of which I have been Added to this was the emancip:ttion of the colored ·race, but few of endeavoring to establish, because of the fact that, there being a greater which had ever enjoyed educational facilities. These people const.i- amount of illiteracy at the South than at the North, the Southern tnted over five-twelfths of the entire population of the eleven south- States will receive a larger proportion of the fund than the Northern. ern St.ates in 1870 ; or, to be more accurate, of a total population of But suppose this in a measure to be true, is it not of the highest mo- 9,487,386 the colored people numbered 3,939,032. This mass of igno- ment to pla.ce this fund where it is most needed and "where it will rance was suddenly raised to the dignity and responsibility of citizen- do the most good f" Can the new States, that have already been so ship, in the midst of their impoverished and largely bankrupt former richly endowed in viol:\tion of this equity, complain and will the owners, with no means of their own and without any provision what- wealthy Northern States of the original thirteen object T I appre- ever being made for their education. Of the wisdom, or rather on- hend not. All must admit that ignorance is snob a curse, wherever wisdom of this action, I had occasion some years ago t.o speak, and I existing in the country, that it becomes the common interest of all to repeat here what I then said as expressive of my presout views: utterly obliterate it. The disease which affects one portion of the The war resulted in the emancipation of the negro; but no sooner had the sword body-politic casts its baleful influence over the whole. been sheathed than the strife was transferred to the forum, and days and months, The pressing need of the South to-day is for educational aid. She a.y, even years~ were spent in effort-s to clothe the freedman with ri~rhts he could has not yet recuperated from the terrible devastations and losses of not umlerstana and load him with responsibilities which he wa.~ unable to compre- the war, and while most of the States have inaugurated and main- hend. Statute after statute waa ena.cted, and the fUlldamentallaw of the nation itself repeatedly amended to establish the civil aml political rights of the negro; tained good systems of free schools, and have largely reduced the sum but where in the long catalogue of le~ation can be found any provision for his total of illiteracy in their midst, yet their means are still too limited education and elevation even ton. partial comprehension of the duties and responsi- and the burdens too great for them to maintain their schools for a bilitil's which these rights impose 1 Why did not the mental and moral necessities sufficient period in each year. They need assistance now. Educate of these "wards of the nation" excite the same paternal solicitude as did their po- litical condition? I shall not pause here, nor is 1t germane to my present purpose, _ t he present generation, and those which succeed it will take care of to answer this very natural inquiry. The facts with which we have alone to deal themselves. Once lift the dark pall of i~norance which overshadows at the present moment are that, although the negro was emancipated from physi- the land and the light of universal inteLligence will never again be calslavery, he wa.s left bound in the more terrible chains of uruvcrsal ignorance; obscured. The history of education in this country shows that it ha~ and that, while the nation invested him with the glorious rights and privileges of American citizenship, it not only failed to make any provisiOn for investin~ him never turned backward. Its course baa been uniformly upward and with a knowled_ge of the high duties and responsibilities which that citizenship im- onward, constantly increasing in strength and expanding in benefi- poses, but left nim in the depths of poverty and ignorance, to be educated, if edu- cence. The constitution of tbe human mind itself is such that the ac- cated at all, by the white people of those States, whom the war had so utterly im- quisition of knowledge begets a thirst for more, and the cultivation poverished that they were unable to educate even themselves. Tha.t this wa.a unwise, unjust, and impolitic, needs no words from me to demon- and enlargement of its faculties urges it forward to new attainments strate. In my opinion the Government sho11lcl not only have provicled the means and new conquests. Has not intelligence ever been the parent of for the education of these new suffragans, but it should have gone further, and prosperity and the handmaid of virtue t Does not all history teach .aided the people of the South to fulfill t.his high and holv duty to themselves. that a people's productive power and force depends upon its degree of "If it be tnle that one portion of the body-politic cannot suffer in its mental, moral, or physical condition without injury, more or less, to the whole, and if in tel· advancement in knowledge, and that crime everywhere recedes aa ligence ancl virtue be necessary ancl desirable in the individual citizen of a repub- .education advances t A modern writer, thoroughly versed in all that lic, then the education of the whole people becomes a matter of public interest and appertains to the sutiject, declares that- national concern. I am, however, no advocate of a governmental system of educa- tion except by the States; but I do advocate the e}..-tension to all of the States the Ignorance is a source of crime. It operates in various ways: first, to expose men policy which has uniformly obtained in the organization of new St.at.es. The J?Ub· to it and then to prepare thorn for it. The uncultivated mind is weakened by non- lie lands are the common property of the whole people of the Union, held by it in use. For laok of ideas it is often left to the sug~estions of tho animal appetites, trust for their benefit and behoof, and if there be reason and sound statesma.nship wit.h their debasing and corrupti!l$ tendencies. In a land of books and schools ig· in reserving a portion of tllis property for educational purposes in the sparsely popu- no ranee is not consistent with sea-respect and manliness. * * * Knowing how lated bnt prosperous new States, do not the same reason and statesmanship in to read is two-thirus n.s favorable to honesty a.a not knowing. a far higher degree dictate the appropriation of a portion of this property to the education of the larger and poorer populations of the older States of tho South~ But, sir, I will not detain the Honse with any further discussion of But I do not go to the length of urging even this very just and correct view of this branch of the subject, interesting though it be to me; nor is it the subject, based thouj!h it may be upon the soundest and most substantial and necessary. The intelligent members of this honorable body stanr1 in patriotic reasonin.,., .All I seek and all I demancl is equality with all the other States of the Repu'blic in this as in all other respects. I merely advocate the per· need of no arguments to demonstrate the absolute necessity for the formance of what I believe to be a solemn and imperative dnty of the Fmleral Gov- education of all the people, who, in a Government like ours, are at ernment to the black raoo and to the people of the whole country, and that duty once the subjects and the sovereigns, the creators of o~ institutions consists in app~opriating the entire proceeds derived from the sales of the public as well as the basis upon which they rest. If I shall be able to awaken · L'lnds to educat10nal purposes. them to renewed interest in the great cause of free education and to Mr. MILLIKEN. To whom does t.he proper officer mentioned in a more full and complete realization of their duties and responsibili- the fifth section of tho bill make his report T ties in this behalf, I shall have accomplished much that I desire and .Mr. WALKER, of Virginia. To the Secretary of the Treasury. more perhaps than I had a right to anticipate. My own convictions Mr. MILLIKEN. Does not that report have to come directly to upon this subject are so profound and my desire for success so intense Congress, and does not that give Congress the right to direct and con- that I trust if my zeal appear excessive it will be pardoned, though trol this fund in the States T my discretion be not applauded. Mr. WALKER, of Virginia. No, sir. In my judgment no subject of higher or more far-reaching impor- Mr. MILLIKEN. I cannot see it in any' other light: tance has been or will be presented for the consideration of this House. Mr. 'VALKER, of Virginia. If you will recollect, I stated the bill Problems of tariff, taxation, and :finance hold important positions in distinctly provides there shall be no interference by the Federal Gov- our governmental administration, while the discovery and punish- ernment with the action of the State whatever. If the State fails to ment of frauds and maladministration are of very great moment; yet fulfill its duty, that is, fa.ils to administer the fund donated to the State the education of the people would supersede the necessity of the lat- according to the terms and conditions of the bill, then it is provided ter, and render far easier the solution of the former. While the an- she shall derive no further benefit from the provisions of the bill until nual distributive share of each State of the proceeds of the public she makes that good. lands would not be large, yet the interest, zeal, and enthusiasm it Mr. MILLIKEN. Tell me to whom that proper officer of the State would excite among the people in behalf of education, the encoura~e­ is to make his report T ment it would hold out to struggling and impoverished communities Mr. WALK:ER, of Virginia. The Secretary of the Treasury. would prove of such incalculable benefit as not to bo measured by 1\lr. ~ULLIKEN. Tho Secretary of the Treasury of the United dollars and cents. St.ates T It is true that the best of ourpublic domain has been disposed of, and Mr. WALKER, of Virginia. Yes, sir. the annual income therefrom considerably reduced. To educational Mr. :MILLI.l\E.N. The bill docs not st.ate it, but I take it for granted purposes alone has been donated an empire nearly double in size that he must make report to Congress. In any event, to my mind, as the of the six New England States, while to intemal improvements has bill now appears before the House this must necessarily be subject to been granted (though only about one-fourth has yet been patened) the legislation of Congress. an acreaO'e but twenty-three millio~s less than that of the original Mr. WALKER, of Virginia. Lik~ any other act of Congress, it can thirteen States, and yet we are still possessed of 1,154,471,762.79 acres. be amenderl, modified, or repealed at the pleasur~ of Congress. Much of this is worthless, but a vast amount is of tine quality. There Mr. MILLIKEN. The gentleman admits it opens up the question is abundance to meet the requirements of this bill and leave a residue to the legislation of Congress. Do you not then take the regulation lar~e enough for the establishment of a magnificent permanent edu- of this matter from the States, and send Federal officers into every cational fund for the benefit of our posterity for centuries to come. school district in every State of the Union f Why, at the average mte of sales during the past ten years, it will :Mr. WALKER, of Virginia.. Not in the slightest degree. On the probably require fullyseventy-fiveyears to dispose of our public lands contrary, one of the special ideas in the framing of thts bill was to available for sale. The average annual net income from the public avoid precisely that thing, and the only provision in the bill regard- lands during the last decade has not been accurately ascertained, but ing th~Lt subject is merely to secure a proper application of the fund. it wa.s probably not far from 1,500,000, and 1here cau be no valid No Federal officer ha.s any right to interfere in any respect with the reason, all things considered, why it should not equal that sum during school systems of the States. If a State fails or declines to admin- the next. Assuming that $1,500,000 will be the average annual net in. - ,, 1876. CONGRESSIONAL RECORD-HOUSE. 3371 come, the distributive share of each State, Territory, and the District In forest, brnke, or den, of Columbia for each year until the next census will be as follows : As beasts excel cold rocks and brambles rude : Men, who their duties know .Alabama .••••••••.•••..•••. etot, 534 56 Ohio . . • . . • . . . ••..••. ••• •• $45, 907 02 But know their rights, and, knowing, dare maintain, Arkansas . . • • • • . • . • . • • . • . • • 35, 347 50 Oregon................... 1, 173 57 Prevent the long-aimed blow, California . • •• •• • • • • • . . • • . • 8, 407 74 Pennsylva-nia . . •• •• • ••• •• 58, 945 45 .And crush the tyrant while they rend the chain- Connecticut................ 7, 851 03 Rhode Island • •• •• •• . . . • • 5, 811 14 These constitute the state. Delaware .-..... •••••••.•••. 6,123 69 South Carolina........... 76,978 02 Written constitutions, no matter how wisely framed, never yet made Florida .•.•••. ••.•••..••••• 19,034 61 Tennessee............... 96,679 35 Geor~a . • • • • • • • • • • • . • • . . • • • 124, 221 66 Texas. . . . . • . . • . . • • • • • . . . . 58, 772 35 a nation. The real nation lies beyond and beneath these artificial Illinms..................... 35, 412 45 Vermont................. 4, 693 77 crnsts, and is the people. "These constitute tho state." Did England Indiana. . . • . . . • . • • . • . . . • • • • • 33, 699 93 Virginia . . . . • • • • • • . • • • • . . 118, 203 99 become a nation by virtue o£ a. written constitution' Has she indeed Iowa....................... 12, 107 14 W~st V~ginia . •• . .••• •• . 21, 602 58 Kansa.s....... .•. ..•. .•.•.•. 6, 508 08 Wiscon&n.. ... ....••.... 14,697 12 ever had any f No, sir. Her great fundamental law is yet unwrit- Kentucky......... ......... 88, 058 19 ---- ten, and, like the nationality of her people, is the outgrowth of cen- Louisiana . • • •. • . . . . • . . • • • . • 73, 208 10 Total of States • • • . . . . . 1, 471, 936 54 turies of progressive civilization. So will it be with our na:tionality. Maine...................... 5, 050 57 As in the physical kingdom, the -processes of enduring development Maryland . . . . . • . . . . • . . . • . .• 35, 920 10 Arizona .•••••••..••..••.. $729 80 are slow and gradual. So in the realm of politics. Nationality is not Massachusetts . • • . • • • . . • • . . 25, 910 91 Colorado ...•.•.••.••.•... 1, 808 73 Michigan.................. 14,083 70 Dakota ............•..••• 414 33 the product of a. day or generation, but rather the slow and steady Minnesota . • • • •• • . • • • • . . . . . 6, 471 75 District of Columbia •.•.. 7,613 25 growth of time and auxiliary causes. A natiQn without nationality Mississippi . . • . . . • • • . . . • • • • 83, 056 90 Idaho ..••.•..•..••..••.•• 898 14 is simply the form without the substance, the skeleton without the Missonn . • • • . . . . • • • . • • • . • . • 58, 960 03 Montana ........•••...•.. 243 35 flesh and blood. We possess the form, but the development of the Nebraska.................. 1, 28~ 62 New Mexico •••••......•. 13,843 26 Nevada ... . . . . . • . . • . . •.•• .• 231 16 Utah ....... ..•....•...... 1, 951 89 substance into completed fulness will be the work of generations of Now Hampshire............ 2, 631 33 Washington ............ . 346 48 intelligent, educated freemen. Consider, too, that fully one-fourth of New Jersey................ 14, 4!l7 25 Wyoming ..•.••••••••.••. 159 58 our voting population to-day are the offspring of other TI3&tionalities, New York ................. 63,429 54 North Carolina.............. 105, 425 63 Total Terrirories...... ----- 28, 008 81 cl,ffering widely from our ideal and from each other. The vast and manifold increment to our population, of which they are the index, It will thus be seen that to the States most in need very consider- it is to be hoped will increase in the future. But how is it to be molded able aid will be afforded. And who can doubt that it will conduce and fashioned into aml imbued withAmerican nationalityf "\Vhatis to greater efforts and higher aspirations for education among all the the common solvent of all these various elements of our population f people. Ia there any other save that great nursery of freemen, the free pub- Sir, we have heard much during our present session of the centen- lic school' nial of American Independence. Millions have been voted for a mag- Sir, the fathers, with a wisdom amounting almost to prescience, nificent international exhibition in honor of the occa~ion. The na- fol'Dled onr Government for perpetuity. 'l'hey omitted no principle tions of the earth are assembled within sound of that bell which rang necessary to its preservation, and they included none which, properly out the peals of liberty one hundred years ago, to compete with us administered, could work its destruction. The absorption of the pow- for the prizes of knowledge and progress. And_why is all. this' W_hy era and functions of the States by the Federal Government was as this enormous expense and these vast preparatiOns' lB It to gratify foreign to their design as the nullification or repudiation of the Fed- our national pride and demonstrate our boasted superiority f Doubt- eral authoiity by the individual action of the States, for the triumph less these had their influence, but I should be sorry to think that no of either involved the destruction of the Union. To insure the sta- higher, broader, and deeper purpose was involved. This exhibition bility of that which they builded so well they early made provision will fail of its chief end if it do not minister greatly to the educa- for encouragement to the education of the people. They foresaw that tion of the people. Education comes not altogether from books. ignorance was one of the gravest dangers that menaced the future of The life-like statuary and the beautiful picture, the mighty engine the Republic. They opened wide the doors to the "oppressed of all and the minutest hancliwork, all-all are educators. Herein lies the nations" and bade them welcome to the full enjoyment of American justification for the great outlay of money, labor, and time necessi- citizenship and the freedom of individual thought and action guar- tated by this centennial exhibition. But how few of all our people anteed by our laws, fundamental and statutory. How wisely and will directly receive the benefits of this education! How small a well they planned is attested by a century of national existence and proportion of our 40,000,000 of people will visit the exhibition, and how by a development in wealth, population, and mental activity unex- few of those who do congregate there will possess the capacity to ampled in the world's history. fully appreciate its beauties or comprehend its lessons I But a short But, sir, if we but fulfill the high duty devolved upon ns, our past, time since we passed a bill donating a million and a half of the com- however brilliant it may have been, will be excelled by a grander mon trea~ureofthese40,000,000 of people to this institution for the few, future. I confess to a strong and conscientious belief in what is and shall we now hesitate to pass this bill for the common benefit of styled "manifest destiny." It is manifest to my mind that the the .many f Could we at the close of this the first century of our na- future destiny oi this nation points unerringly to the gradual expan- tional existence pay a higher tribute to the memories of those who amid sion of its limits until the entire continent shall have been embraced blood and carnage laid the foundations of the Republic· than by in- within its boundaries. And I believe that upon this same continent grafting upon our public policy a principle which will make future there is to be formed and molded a new, distinctive, well-defined, centennials possible t and grand American .n ationality. It is true that our country is peo- About one hundred years a.go the public lands were ceded to th~ pled by aJ.l the numerous offshoots of the Caucasian race, differing nation to aid in the preservation of its plighted faith and domestic widely in language, habits, and education; but time and concmring concord, but their mission in this behalf has been accomplished. Onr circumstances-above all popular education-will gradually melt to- public credit no longer requires their assistance, and the Union which gether a.nd mold these diverse elements into one united, harmoni- · their cession served to . consummate no longer contains discordant ous, homogeneous people, surpassing all of the great peoples that have States to be harmonized by their surrender. Another mission, how- preceded them in their mental, moral, .and p~ysical develop~efl:t, and ever, awaits them, and that is to aid in the elevation of the people to in the greatness and grandeur of thmr achievements. This IS our a higher plane of mental and moral existence. It is our high privi- country's manifest destiny. Let us here and now contribute our lege to inaugurate this exalted mission by the passage of this bill. proportion to its development. Rejoicing in the triumphant close of the first century of the Republic, I do not intend to-day to move a. vote on this bill. It is one of such and standing upon the threshold of the second, with a country united importance that I desire its full and free discussion by all who wish and harmonized, "regenerated and disenthralled," let us celebrate to do so. After the discussion which shall take place to-day, I will the outgoing of the former and the inc01ning o.f the latter by a dec- move the committee rise, but I desire to notify members now that at lamtion unequaled in importance save by that which spoke the na.- an early day I shall call up the bill again and press it to a vote. I tion into existence on July 4, 1776. now yield to my colleague from Virginia, [Mr. CABELL.] * .Mr. Chairman, in my remarks to-day I have used the words nation FINANCE AND TAXATION. and republic, nationality and people indiscriminately, or as convert- ible terms. Although often so used, it is manifestly erroneous. A Mr. CABELL. Mr. Chairman, had a wise statesmanship directed people are not necessarily a nation, nor a nation a. republic, and all the course of the republican party immediately succeeding the late three may exist without nationality. By virtue of the Constitution, civil conflict, tbe States of the South might readily have been reha- the American people constitute a republic, and for the purposes of bilitated, the scars of war removed, the people of the States lately in administration, a.s well as in outward form, the republic is a nation; revolt conciliated, and a peace in fact, as well as in name, established. but nationality springs from other causes. Our Constitution, with Such, however, was not the policy. Measures the most obnoxious, re- all of its fifteen amendments, never hns and never will make us ana- quirements the most unjust, impositions the most oppressive and in- tion in the full sense of that term. That instrument is but the" sov'- tolerable, were inaugurated by the party in power for the so-called reign law, the States' collected will." reconstruction of the Southern States. A policy so foreign to the genius of our institutions, so inimical to natural justice, could not Wbat constitutes a state f fail of its legitimate consequences. Societies upturned, State gov- Not high-rais'd battlement, or labor'd mound, ernments destroyed, citizens despoiled of their liberty as well as Thick w:ill, or moa.ted gate i Not cities proud, with spires and turrets crown'd; their property, threatened the bankruptcy and ruin of Federal as well Not bays and broad a,rm'd ports, as State institutions. Where, laughing at the storm, proud D.'\vies ride; Added to the miserable policy of reconstruction, the Federal Gov- Nor starr'd and spangled courts, ernment labored under the evil effects of a financial policy inaugu- Where low-brow'd b:~oSeness wafts perfume to pride ! No! 1nen, high-minded men, rated during a period of war, and for which upon the return of peace With powers as far abo~e dull b!'ut.es endued, no remedy had been suggested, much less provided. . . 3372 CONGRESSIONAL RECORD-HOUSE. MAY 29, It became evident soon after the close of the war that there must and valuable llurrency. AI3 gold sufficient for the purpose cannot be be some contraction of the vast volume of currency which had been procured, the next best thing for our Government to do is to furnish issued by the Government, and forthwith laws, imperfect in their a good paper currency-a currency carrying with it the weight and character and insufficient in their details and extent to compass the strength of the Government's credit; not such a currency as 1Ve have ends in view, were passed. The result of the legislation by Congress now, partly a legal tender and partly not, but a currency bearing for several years was of suenue, a.s I believe it will, shall have which the North will gladly send them in exchange for their produc- reached $230,000,000 per annum, and our int.erest account shall have been greatlv tions with profit to both parties. When this work shall be accom- reduced. the world may assemble to celebrat-e our one.hundredth birthday and fin (I. plished, the Union will be in fact "one and inseparable." Railroads America a free and untaxed nation. That is possible, and that I aim at accom- will tretch from the shores of the Uulf through the notches and passes plis bin a." Thls prophecy this very year will fall about $100,000,000 short of fulfillment; bttt of the mountains and along the water-courses to the far Northwest, and $100,000,000 is as near fulfillment as coul.d be expected of a prophet who, stan, l- thecitiesofNew England and the North will bebroughtintodire.ctcon- ing in the United States Congress, talk.s two hundred and thirty millions into tbo nection with those of the States of the far Southwest, and railroads Treasury of an "untaxed nation." So much of "the world" as may assemble to parallel with every water-course and offering commercial facilities to celebrate our one hundredth birthcr-y by gas and heated by patented processes; with bath-rooms suppliod with hot and part of our country and for the hundreds of thousands of millions of dollars of !lo- cold wat~r, flowing e~ery minute in the year. These, sir, are the houses in which mestio trade. is money, anu to increase its purchasing power; an!l by thus tm:>et- our workingmen dwell. and thousands of which they own; many of them are rmder tli.n& values it will. paralyze trade, suspend p~oduction, aml deprive industry of the shadow of the public-school house and the clmrch, to the support of which the emp10ymont. It will make the money of the nch man more valuable and dopri>e occupants freely and liberally contribute. A visit to a few hundred such homes the poor man of hls entire ca.pit.al., the -mluo of his labor, by deprivinrr him of em- would change the gentleman's opinions and convince even him that protection is ployment. Its first oftcct will bo to increase the rate of interest and dimini8h tho t11e right of t.h e laborer and a boon to tho con!:umer." rate of wages. and its final effect wide..spread l'ankruptcy and a more protracted '£his picture he presented as the result of protection and urged as a reason why suspension of specie pa)'lll.ents. IV-212 3378 CON(iRESSIONAL RECORD-HOUSE. : MAY 29, And :.tO'ain on the 18th of January, 1868, after the destructive experi- Her exports diminish, while ours increase. The failures in her com- ment had been entered upon I protesteu and said: mercial circles and at the stock exchange far outrun ours in num- The attempt w force a resumption of specie payments by contracting a volume bers, anate charity are not prac- DRITISH EXPORTS DURING MARCH. ticing economy or contributing much to the public welfare. Tho Board of Trade returns for March again show w disadvanta)!e. The total In view of all these ci.rcumst:mces, to charge that the deplorable exports for the month wero only worth £17,739,101, as against £18,606,223 last condition of t.h\3 working classes is the result of ou.r protective tariff, March, and £20,100,814 in March, 1874. as tho gentleman from Illinois has done, is like feasting a party on nu- Here iu a. leader of the London Times of April 3, discussing the tritious viands seasoned with strychuine or arsenic, and attributing the budget, it is said: consequent suffering and death to the food, ::md not to the deadly drug. But tho guarter just expirell has disappointed this promise. The excise has sucl- The issue between the gentleman and myself is fairly made; it is, is denly declinell, as compared with the corresponding quarter of the previous year, protection spoliation, as he affirms, or a right of the laborer and a by no less than £231,000. This is no doubt a very uncomfortable symptom, fot· boon to the consumer, ns I maintain¥ the excise is tho best test wo have of the prospenty of tbe mass of the people, Now let the experience of nations and the character of their rev- and upon the mass of tho people, in a very great degree, the stability of our finan- cial system depends. There must have been, during the last quarter, a very con- enue and currency systems settle it. Had the gent,l eman's devotion to sider~ble reduction in the expenditure of tbe working classes, and consequently in abstract economic science, as the nonsense taught by the .Manchester thtl wages received and in the work which t.he wages represent. school is poetically called, permitteu him to study the present condi- The public revenues are being affected by tho idleness and conse- tion of the trade of England, he would not, when pointing to the de- quent poverty of the laboring-people. HtJre comes Ryland's Iron- press~d condition of our industries, have urged us, as he clid, to follow her example. It is not easy to undermine or overthrow tho power of Trade Circular, of April 29, the oldest n.ud most valuable of all the organs of the British iron trade, and says: a country that for more than a, century has been the recognized work- shop of the world and the acknowledged mistress of the seas, whose There is no improvement to report in the clemanrl for iron for shipment. Tho ens- commerce bas shadowed every sea ·and navigable river, whose colo- rom's bill of entry for the ports of Glasf!OW, Middle brougb, Cardiff, and Liverpool exhibit.'! but very Rmall quantities, smaller than ha.vo been known for a. long time nies so completely encircle the globe that it is said, with truth, her morn- past. In addition to this we are informed by merchants, who have hitherto had ing drum beats each hour in the day. To undermine the prosperity large transactions in iron, that inquiries are few and far between, and their cor- of such a country is not the work of a year or decade. It can be ef- respondents a-ssure them that there is no probability of a revival for some time to come. Then we have Olll' friends in the United States who keep us well informed fected only by the continued operation of vital influences. Yet, sir, free a.~ to tho comlition of trade in that great country, and from the tone of their reports trade and its inevitable concomitant, internal taxation, have in about we llo not anticipate any immediate revival from that quarter. The United States the third of a century shaken the foundations of England's commer- is passing throu ah a severe crisis. Its commercial interests ha.ve been so rudely cial and manufacturing supremacy. Her condition is this hour more shaken tliat it wfil be a long time before complete confidence bas been restored. Wo know tho American people are quick and sharp when once they resolve upon .a (leplorable than our own in all save the accumtihtion in the hands of course of action, but it seems to Ulko a long time before they can make _up tl.te1.r her plutocracy of almost countless capital. It is more than half a minds to anY. serious resolutio:a.J Wo have great hopes that the forthcommg ~xhi­ centnry since 'by the premature resumption of specie payments she bition at Philadelphia will do sozflething toward opening tho eyes of the Amencans impoverisheu her working-people. Her traue is free. Her money is to tho position in which they are vlaced ~y th.e en?l'DlOUS tm·iff their Gov?rnment convertible into gold. She bas all the conditions that the gentleman put-s upon the productions of fore1~ nahons, JUSt for the purpose of what 1s calletl " fostt:lrina home industries," or in other words emiching a. few manufacturers at from illinois [Mr. MORRISON] would impose upon our counb.·y; yet her tho expense of tho whole nation. We print in another place an ax:ticlo on ~h!s sub- people are not happy, and cannot be. To escapo the effects of thcso j ect which appearetl in the ~rimes during ~he week, as. it so. f_orc1l>ly exb1l>1ts_t he bles ings to b.olders of capital her laborers emigrate by millions, not whole question, anti wo think U1at tho Wldc-spx:cad Circulation ?f such artJCles would be of great service to tho frec-trado part-Y' m tho States. Not but what tJ1e only to tilts bron.c1 continent, but to the remote and uncxploreu islands American iron-masters are capablc enon~h in prorluciug iron, anti that in great quaJ~­ of the sea, tities, but a~:~ labor enters so largely into tho cost of proLi nctwn, antl that very arti- 1876. CONGRESSIONAL RECORD-HOUSE. 3379 ole being so dear in the St..'ttes, iron cannot be made so cheaply there as it can be pression.,. and ruin which, at that moment, surrounded him on every side in En· in the ofder countries of Europe. When bars are selling here at what may be called gland. I asked him if after tho crisis of 1866 things were not worse, and he r eplied a reasonable price they can be sent over to New York and sold for less money than that the crash of that period presented no parallel to the present state of atfn.irs; the Amt>rican article. But this is prevented by the present heavy tariff. During that a class of men who were then unaffected are involved m the financial difficul- the past year or so an immense quantity of iron has been sold·out of store in Now ties of this day. In Manchester, about the lOth of the present month, a panic was York and other places at less money than it cost to make. momentarily expected, following the numerous and heavy failures aud bankrupt- cies which had there taken place. Throughout England tbere is a feeling of gloom The gentleman sneered at the suggestion that protective measures and depression, and it was stated the other day in a London paper that within a were required to defend the more liberal wages of American working- year ten thousand carriages had been put down in that city alone. men. These practical Englishmen understand the question better But what was the condition in London on Saturday afternoon than he, and recognize the fact. To further illustrate the depression of last, two days ago f The morning papers contain this telegram : British trade, and more especially to sho\v them the tenible competi- LONDON, May 27. tion to which the adoption of this bill would subject our working classes, I again recur to the Sheffield conespondent of the Iron Age, thoThis aft-ernoon's Globe, in its financial article, says the condition of a.ffairs in Stock Exr.ha.nge is little better than a. state of panic. who, in his letter of April17, said: TRADES OF SHEFFIELD. And thus free-trade, hard-money England goes from bad to worse, aa any nation ought that legislates in entire disregard of the wel- The principal tovic of business conversation in this district just now is that re· lating to the question of getting down the miners' wages. The iron-masters are fare of its laboring-people, and in its economic theories treats the deeply interested in the J?roblem, seein~r that any reduction in the price of coal heart and life, the hope and aspirations of the wealth-producing must inevit:Lbly be of serviCe to them. The men employed at the various pits still classes as raw material to be bought in the cheapest market. This contend that any drop in their wages would leave them with pay insufficient to is no new doctrine with me, for years aao I said, "The theory maintain their families respectably. The employers, on the other band, state that their profits are of the most marginal description. It is fully apparent to all out- that labor-the productive exercise of the skill and muscular power siders that the contest is one in which the men must inevitably be beaten, as the of men who are responsible for the faithful aml intelligent perform- combim~tion of circumstanet>s is against them. At anQther time the men may be ance of civic and other duties-is merely a mw material, and that in a better :position, but at this juncture they are guiJed by new and, compara- that nation which pays least for it is wisest and best governed, is in- tively speakmg, inexperienced leaders; they are disorganized, and not well pro- vided with funds. The council of the association, then, have resolved to ask their admissible in a democracy; and when we shall determine to starve constitnen ts generally to accept a drop of 10 per cent., in the hope that by so doing the th~ bodies and minds of our operatives in order that we may success- masters may be inclined to bring down their req uir{'.ments somewhat. I have good fully compete in common markets with the productions of the under- grounds for st-ating, however, that thtl colliery proprietors will insist upon there- duction being 15 per cent. , as at first proposed. In the mean time the whole district paid and poorly fed peasants of Europe and the paupers of Englancl, is in a state of inquietude, and there are at a moderate computation about twenty we shall assail the foundations of a government which rests upon the thousand men out of work. I find that at seventy-three collieries notices have intelligence and integrity of its people. To defend our country been given, while at twenty-seven collieries the men have received no intimation against this result is the offiooof a prqtective tariff, and for this duty other than that if the men at the associated collieries gave way they would be ex- it alone is sufficient." pected to do the same. The iron-sbme miners of South Yorkshire employed by Messrs. Newton, Cham- Mr. Chairman, our exports present a pleasing contrast to these sact bers & Co., Thorncliffe Iron-w·orks and Collieries, and others, have received notice details. The increase is not very large in value, but in quantity it is of a reduction of 15 per cent. in wa.ces, but the matter is likely to be compromised immense. The official returns show a steady depreciat.ion of the by a drop of 10 per cent. Tb{'. question of redncin.,; the wages of the local iron-workers is for the present in values of our productions, yet the exports of last year presented a abeyance, or at any rate 1 hear of no rupture having arisen. Some of the notices large iucrea-se in value over those of t.he year before. And the first ha.vo now expired. Those at the Atlas and Cyclops Works expired on Saturday, eight months of this fiscal year show an increase of $2:3,400,000, or as also did the notices at the Staveley Iron-Works, Derbyshire. The whole of tlie considerably over two and one-quarter millions per month. Nor mechanics, foundery-men, and laborers at the Sheepbridge Iron-Works have now received fourteen da.ys'notices terminating contracts, doubtless prior to a reduction should it be supposed that this is in raw material only. I have here of wages. Taken as a wl:.ole the district bas not been in so unsettled a condition a table of the exports of manufactured articles for the first eight for some years as it is at the present time, and it appears to be by no means un- months of 1873-'74, 1874-'75, and 1875-'76. 0£ such articles we ex- likely th:tt some weeks may elapse before matters regain their cnstpmary working ported in 1874, for the first eight months, $46,000,000; in 1b75, $48,000,- order. In the iron trade there has been no movement of interest during' the week. There is vel1' little business in pig-iron of any description and absolutely nothing 000; and for the corresponding eight months of 1876, $56,000,000; an in merchant 1ron. increase of $10,000,000 over 1874 and $8,000,000 over last year. Also In the Bessemer-steel departments there iS a fair amount of activity, particularly a statement of exports of domestic products, partly manufactured, in respect of steel r::rils, which are now quoted at prices which enable the local pro- during the eight months ending February 29, 1876, and the corl>e- ducers to take orders in the face of the competition of other home districts as well as against Belgian, French, and German competitors. sponding periods of the preceeding year, which shows an increase of 2,725,11~ in values in the eight months. Gentlemen who will study But I do not stop here. Here is the great fin~ncial organ of the these tables, copies of which I will hand the reporters, will find that world, The Economist, an article in which brings the condition of the prices are sometimes little more than half those received in tbe the country down to May 13, the current month. first year, as is shown by the number of the articles or the pounds I have shown what the board-of-trade returns were for March, and or yards as compared with the sum received for them. And if they here is an article discussing the returns for the succeeding month: will bear in mind the fact that there is no shrinking of the face of THE BOARD-OF·TRADE RETURNS FOR APRIL. our bonds or the rate of interest thereon, they will see how many The returns of our foreign trade for April are in one re~pect the most unsatis- more days' work it now takes to pay $100 of debt or interest than it factory of an;y which have appeared during the last ty,o years of depression. did when our bonds were purcha-sed with greenbacks, aud our own While the falling off of the imports in the 'previous month is more than made up in citizens being o_ut of debt were doing business for cash and were. April, so that for the four months of the current year there is a moderate increase the exports not only show a diminution but a very considerable one, extending u; able to bold such investments. nearly every article on our export list, and this is by way of. addition to a.decrea.se If, as the chairman of the Committee of Ways and Means asserts, in each of tho earlier months of the year. There are some qualifications to be stated customs duties are taxes added to the price of commodities, will my which make the return not more, or only a little more, unsatisfa~tory than those friend the cbairman of the committee tell me how it is that the ex- which have lately been issued, but it calls att-ention, nevertheless, in a forcible man- ner to the long delay in recovery of our foreign export trade from a condition of ports from free-trade England fall off and those from the protective most unusual depression. United States steadily increase f How shall we account for these The decrease of the exports amounts to the large sum of £4,792,000 and 23.7 per indisputable facts if it be not by admitting that protection by stimu- cent. for the montb, aml to £6,976,000 and 9.6 per cent. for the four months. These lating the development of a nation's resources and promoting domes- are the largest, or about the largest, figures of the kind which have appeared dur- ing the long depression for any periods of eqnallengt.h, and, comingaftermonthsof tic competition cheapens production f Do foreigners bny our produc- falling traue in which there have only been occasional indications of a tendency to tions at greater prices than they can get like ones for from England 1 recover, they are tho moro disheartening. In the light of these facts I affirm that a judicious system of protec- Analyzing the figures in detail, we fiild that the falling off in the exports is re- tion is a boon to the consumer, and may be demanded as a right by markably uniform, comparing the chief articles of our export trade. From the usual tables which we subjoin thi!i will be clearly seen. In every article on our 'those citizens of a democratic republic whose only estate is their Jist, without exceptio,~;~J t~ere i~ a decre~se in value ra~ging in mos~ ca.ses from 10 thews and sinews, the cunning of their right hands, and the will to to 30 per cent., anclstiU hi"het· m a few mstances. It 1s the same with the gnanti- toil for the means of supporting themselves and families and contri- ties of the articles exporte:l, with the single important exception of coal, which has buting to the public revenues. increased nearly 20 per cent., although the value has fallen otf slightly. Comparing the two tables, 1t is evident that the falling off ill value is more cmisiderable than The teachings of all history may be invoked in support of these the fallin):! off in quantity, but the reduction of quantity is also very large. propositions: No nation ever est-ablished agriculture, manufactures, Altogether, we cannot but look forward with interest to the returns for the next and commerce coincidently and in equilibrium, without defending few months, to see whether last month marks the beginning of a new stage of de- the right of its laboring people to remunerative wages while develop- pression or whether the dullness will remain much the same as it has been for sev- eral months past. As matters at present stand, it seems hopeless to look for au im- ing· its material resources in competition with nations already in the mediate apparent recovery of any considerable extent, although it is sooner or later posession of capital, tools, an(l established channels of trade. inevitable. Before the conquest of India by England, the Hindoos were famed So utter is the paralysis of productive industry that the Financier for the delicacy and beauty of their fabrics, and Orme tells us that recently stated that there was no market for money and the current "on the coast of Coromandel and in tho province of Bengal, when mte for loans at the stock exchange on loans at three months is li at some distance from a high road or principle town, it was difficult per cent. per annum. My esteemed friend, Henry Carey Baird, re- to find a village in which every man, woman, and child was not tlll'ned last week from a visit to France and England, and I find in employed in making a piece of cloth," and that "much the greatest the Philadelphia Inquirer of Sat.urday a report of an interview with part of the whole province was erp.ployed in this single manufacture," him. When asked as to the condition of England, he said: the progress of which he says ''includes no less than a description of I was assured by one of the mostprominentbankersin London, less than a month the lives of the inhabitants of Indostan." Bnt the prevalence of ago, that never in his experience bad he seen anything to equal tho disast-er, de. British free-trade has changed. all that, and the conclition of the 3380 CONGRESSIONAL RECORD-HOUSE. ~1AY 29, people of India has become a conscious reproach to the whol people Mr. BURCHARD, of Illinois. I move that the gentleman have leave of England. Turkey, whose resources are equal to those. of the to proceed. most richly endowed sections of our count.ry furnishes anoth~r illus- Mr. FULLER. How much t.ime does the gentleman want 1 tration of the terrible · influence of free-trade, and Ireland, another Mr. KELLEY. I cannot tell how long; my materials are before with which our people are more familiarly acquainted. me and loose. The other side have had nearly four hours on this For the beneficient influence of a proper &ystem of defense or bill. protection to labor the ad vocate of that cause can point with con- Many MEMBERS. "Go on!" "Go on!" fidence to Germany since the establishment of the Zollverein, to the The CHAIRMA.t.'f. If there be no objection the gentleman will pro- ruodern history of Russia, of Sweden and Denmark, aml especia.lly ceed. to the prosperous condition of France and Belgium in these days of There was no objection. general manufacturing and commercial depression. Mr. KELLEY. I call attention to the promised table of our export [Here the hammer fell.] of manufactured articles which I now send to the desk, and which I The CHAIRMAN. The hour of the gentleman has expired. hope gentlemen will study carefully: Statenwnt of domestic expm·ts of manufactured a1·ticles dtwing the eight 1nonth8 end~ng Febmary 29, 1816, and the cmTesponding peri, 1876. Quantities. VaJues. Quantities. Values. Quantities. Values. Ag-ricultural implements: E!tts~=.~~~~~~ :::::: ~::::: :::::::::::::::::::::::::::::::::::::::::~~~~ ~ ·--·····3:4:~- ------ 3~::-::: plowsandcultivators ...........................•.•..•...•.........•..... No.. 12,927 165, 860 49 36 4, 2.32 5, 926 $1,429 17,121 420,193 74,140 109 117 4, 477 8, 295 2, 404 3:2, 284 404. 2n 86,507 all other, not elsewhere specified .•.... ·--- ~---·--·............................ ............. . 4i9, 401 ........... · ·- · 4i6, 400 .............. . .. . 38'2, 30() Ashes, pot and pearl •....•.....•.........•.....•.............•............. lbs.. 865,397 68, 8n 620,095 45, 343 961,711 57, 087 Blacking........................................................................ ..... . . .. . . ... 41,258 . ......... ... .. . 62,565 ................ .. 52, 2~4 Eone-billck, ivory-black, &c .........................••.•..•..•............. lbs.. 843,581 55,007 1, 359,819 63,158 439,922 20,070 Billiard tables and apparatus ...............•••............................·...... ......... . ... 3'2, 474 ...................... 41,506 ......................... . 36, G48 375,491 ........................... ~~~:s~' ~d~~~~~~c~r~~- of:::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::: 3 J~: ~ci~ ............................ . ...................... . 348, 460 48rl, 679 ......................... 224, 073 Brooms and brushes............................................................. ............. . 84,265 ..................... 89,470 ..................... . 1:10, 1::0 Candles, taUow, and others .............•........•.......................... lbs.. 1, 299,305 197,260 981,058 142, fi34 952, 3-!2 144, 82~ Clocks, watches, and parts of .................................. ·. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641, 073 .......... . ....... 714,789 ............................ i26, 3.10 Cordage, rope, and twine ..........•...•..••..•...•.•.....•..••............. lbs.. 1, 100,009 168, 229 1, 997,038 260,628 1, 509,438 190, 619 Copper manUfactures ..•.•.........•..•...•..•.... ;.............................. . . . • . . . . . . . . . . 3!11, 377 ............................. 706, 6()3 .......................... 1, 957,462 Cotton manufactures: colored . . . . . ........................................................... yards.. 3, 222, 678 470,458 4, 702,366 581,842 5, 532,225 618, 1'!6 uncolored .............................•..•...............•...•.....•.. yards.. 7, 477,146 982,614 14,438,400 1, 537,274 33,319,140 3, 2':!7, 131 other manufactures .....•...•.......••.•.••........................•........................ 466,729 ........................... 486,631 .......................... 57-!, 276 Drugs, chemicals, and dyes ...•....•.•................•............•.................... _..... . 1, 853,130 ........................ 1, 958,088 ......................... 2, 200,181 Earthen and stoneware ...................................................................... . 35,445 ........................... 66,183 ....................... 47,8:n Gas-fixtures . .-..........................•..............•.........•..•..• _.................... _. 30,335 ....................... 40,690 ........................... 1!5, 164 Glass manufactures ....................•........................•...•.•........ . .............. 400,875 ..................... 459,176 ......................... 421,619 Gi>ld and silver manufactures, including plate-ware ........................................... . 100,236 ....................... 178,283 ......................... 121,369 ......................... .......................... ~~~p~~~:!~~~!~1:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::: 105,569 139,217 156, 7:i3 656,704 ......................... 640,101 .................... . ..... . 5ti0~ 006 Iron and steel: · £~~ ·. ::: ·_:: :·:.:·. :·.·.:::::·.·.:: :::::::::::::: ·.: ::::::::::::::::::::::::::::: :~~:: 15~: ~~~ 346,860 2.10, 447 388, 120· 102,359 137, 867 48,338 65,528 247,851 142,726 504, ~36 ~fl:~~~~~:n;~~-;~i1~- ::::::::::::::::::::::::::::::::::::::::::::::::::: :~~:: ~: ~~~ 13.259 1,645 10,060 672 3, 717 12,710 18,899 61,713 7, 697 26,020 sheet, band, and hoop ..••••...•••.•.••....•••...•......•..••..•.......... cwt.. 368 3, 240 824 5,354 650 3, 438 all other manufactures ....................................................................... _ 8, 986,071 ....................... 10,115,638 .......................... 8, 511, 500 India-rubber manufactures .......................................... ·....•.•..•..........•.... . 149, 444 ......................... 141,845 . ·-- ................... 128,046 ...................... 131, 104 ......................... 135, 7~2 ~:~~~~~f~~t~;~;::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::: 103,748 4, 792 ......................... 278,487 ....................... 98,017 Leather and manufactures: boots and shoes ........ ......•.......•....•.....•.•..•...•......•.•.... pail'S.. 135,853 215, 315 183,284 263,729 181,8:-10 2.')'2 39~ leather of all kinds ..........•...•...•...•.•••.........•.......•........ .lbs.. 9, 093, 671 2, 357,022 15,545,3:23 4, 069,631 2'2, 639,574 5, 998:049 other manufactures ........•..•.....•.••.............•...•...•........•..................... 389,177 ......................... . 440,716 .......................... 744,843 !M~bla::Ode~~!-~ru;~~~~-~.".".':::::::::::::::::::::::::::::::::::::::: ~~~~:: ....... ~~·-~~- 33,729 36,235 58,487 40,480 59,545 103,296 ........ , .................... 148,969 .................... "'?"'"" 115,907 Matches .....................................•..••....•.•.•..•........•.............•....•..... 98,699 .......................... 93,053 ......................... 89, 74:J Mathematical, musical, &c., instruments ..•.....•..•.••.•....•.•.......•.•..•.•....•.•..•...•. 385,167 ......................... 452,940 .................... 551,819 Ordnance stores ..............•...........•..•••••..•.•...•.. , .....................•..•......... 574,401 ......................... 692,165 ........................ 696,687 ···-·· .............. ....................... ~:f:[s ~~~ S.::~n°i~~~~: ~ ~: ::::::: :~: ~ ~:::: =~:::: ::::: ~ :::::::::::::::::::: ~::::: :: :::::::::::::: 389, 464 481,009 451,600 137,524 ......................... 129,546 ......................... 146,414 ~::~:!:~~-~~~~~~~: Provisions : :::::::::::::::::.::::::::::::::::::::::::::::::::::::: :::::::::::::: 113,485 284,196 .......................... ......................... 150,757 192,648 ...................... .......................... 14.5, 3G5 257,942 condensed milk ............................................................................ . 47,594 ............................. 70,562 ....................... 81,738 E~li~;d;: Spirits, distilled : t;_:; ; ;.:.:_:: :; ;;.:.:; ; .:.:;.:.: ; ; .:; ; ;.:;_:: _:_:; ;.: :;~::~: :;;:;~::~~:. 27,127 .............................. 445, f!f. O 404,591 1, 057,338 ........................ 450,981 ............................. 34,742 5!l0, 726 1, 210,818 415,012 ........................... 1, 892,070 ........................... ........................ 21,834 1, 291,511 1,.233, 201 483, &i2 ~r~!~ ~~~~~~~~-ii"iiiHH~J.::w.H~i~.E/iiJJJiiii!iiH~l-· 1, 489,952 756,648 97,619 98,873 17,165 35,069 357,249 124,013 206,451 107,406 696,347 294,300 20,421 13,5~ 167 535 2GO 730 4, 678,638 1, 946,702 3, 664,198 1, 282,938 4, 032, 531 1, 306,677 4, 988,020 271,093 3, !l29, 157 253,520 6, 493,898 362,290 ~ugar antl molasses: sn)!ar, brown ............................................................. lbs.. 92,334 8,637 19,876 1, 603 19,332 2,018 sugar, -refined ........................................................... .Ills.. 5, 949,497 612,556 5, 799,923 623,069 . 30, 362, 497 3, 29ft, 981 ~~~d;s:~£i -c~~ooti~Ji~~::: ::::::::::::::::::::::::::::::::::::::::::::::~~-~~~: .... :: ~~:·. ~~~. 451,970 1, 2,54, 487 438,508 3, 637,134 992,043 18,104 .................. 26,860 .................. 22,340 Tobacco, manufactured ..•......••••...•.•..•.•..•............•.•..•....•.................•.. 1, 550,515 .......................... 1, 838,365 ............................ 1,810, 9 0 Vessels, sold .......................••....•....••••.........•..•.....••.••..•...............•.. 630,535 ........................ 319,337 ........................ 91, 4!16 .......................... ........................... 379, 912 ~~;~::::~~~~ ~i_:_:_:_:_·._·._:_:_:_:_·._:_:_:_:_:_::: ~~:::::: ::::::::::: ~·:: ~::::::: :~~~~~:; :~ ~ ~ ~ ~ ~ ~~~:~~: 265,608 283,426 26,747 36,879 41,876 2l, 217 22,859 13,333,471 ......................... 11,055,625 .......................... 11, J98, 4:!5 Wool, manufactures of ........................... · ...........•••••......•..••......••...•..... 84,261 ........................ 92,740 ........................ 130, 193 All other, not elsewhere specified: .••..••.•.•••••••••..•..••••.•...••.••.•............•.....•. 1, 367,643 ....................... 1, 198, 441 ----------1 ------·----1 Total........................... ....... ..... ...... ....... .... ... . . .. ...... ... . .. .. ...... ·····--·-··-··1 ---------·1--------- 46, 4::!8, 198 ........................... 1, 209,286 48,618,373 ......................... . 56,260, 12'l EDWARD YOUNG, Ohiej of Bureatt. BUREAU OF S'rATISTICB, April 20, 1876. 1876. CONGRESSIONAL RECORD-HOUSE. 3381 Statenwnt of exports of domestic products, PARTLY manufactured, du,ring the eight months ending February 29, 1876, and the col"'responding pc1·iods of the two preceding yca1·s. Eight months ending- Products partJy manufactured. February 2B, 1875. February 29, 1876. Qu'lntities. Values. Quantities. Values. nreadstuffs: breacl and biscuit ...•.....•.•...•••.•...•...•..••.•••.•••...........•••.......•.•.......•............ .lbs.. 7, 718. 2i1 $405,536 8, 0!)9, 8!i4 $426,334 Indian corn-mea.L ......••.••.....•...................••..............•..........•....•......•...... -- bhls.. 181,006 813,757 !.'-26, 451 869,974 :~~!~!~d--~ih~; ~~~~~~~~~~ ~:::::~~~:~:~~~::: :::::::: :~~:~:::::::: : _ :::~:: ::::::::::::::::::-.::: :~~!~:: -· .:~ ~~~:-~~- 36,850 4,838 25,512 16,353,424 2, 603,708 16,318,387 231,170 --- ·----·---- - 466,094 Navalstore.'!: , · OiE!~~~~~~~~~~~: :::~:: ~ :: ~-~-~-~- ~:: ~: ~ ~~-~: :~ :::::~~:: ::~~:~.: ~: ::· :_::_:_ ~::: ::::::::: :::~_:_:::: ~~::::::: ~~~J::: 164, ~~; ~~~ 1, 614,508 556,097 1, 405. 014 65,633 37,659 99,275 3, 438,881 178, 802, 811 3, 675,293 Oils, mineral, r efined and manufactured: • :_:_:_: ~§~~~~:~:7::~:::~:_::~::_~:_:_:_:_:_~:_:_::_:;_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_~:. L:_:_:_:_:_:_:_:_:_:_:_:_:_:_:_:j_:_:_: :_:_:. ~J-: ··~ ~ m Oils, animal: 8';!9, 443 17,549,3 1 180,934 114,337 11, 31'2, 874 155, 496.1~ 52-2,951: 40,684 1, 121,273 21, oao. 752 155,466 119, G6l lard .... .• . .••••••..• • ...•..•••....•..•..••.••..•.••....•...•.•...•...••.••.•.••........•.....•• -.galls .. 98.294 94,667 71, Q-"25 73, 7R9 neat's-foot .•......•.................•...•.•.........•......•..•...•.•.•..••.••.•••••.••••........... . galls .. 9, 414 !l, 451 18,636 20, 167 366, 76:) 912, 719 ~f~~ ~d-bthe~ -fi~h-: :~~~~= ::~: :~:::::: ::::::::::::::::::::::::::::: ~ :: :::~~= :::::: :~:::: :: ~::::: :: :~~R::: 62fl. 425 582,262 599,517 264,345 912,767 359,206 Oils, vegetable: . 107, 38!) fi~~!~~ds~~-~ ~ ~: ::::::: ::~: ::: ~ ~::: :: ~: ~ ::::::: ~:: ~:::::: ~~ ~ ~ ~: :: ~ ~:: :::::: ~ :: :~: ::::::::::::::::::::: :~:ll:: : ~~: ~~ 178,475 52,568 1!l, 0:26 20,0!)5 16,580 vol:ttilo or essential . .•••.•.......•..•............•............••.•..••••.•.....•.•.•.........•.•.•..........•............ 162,833 ---·-- ------ 163,809 P rovisions: bacon :tnd hams ....••.....•.....•...•.•..•••.........••...•.•.•.......... .......•.....•.•.•.......... .lbs. . 173,816, 177 19,707,741 216, 525. 9:il 25,941,760 butter . ..... . .............••..•...... --~-- ..•...•..•...•.........•.....•.••.......•................... .lbs . . 4, 596,443 l, 103,829 3, 333,832 798,000 cheese ..... _..... : . .... ......•........................ ... .......•. .. ................ ....•...... ..... . ll.Js . 6!l, !l71, 806 9, 4!l0, 476 72,221,205 9, 179, 196 fish, iliied or smoked . .........................................•.•............................•....... cwt.. 8-t, 195 421,069 107,179 545, fi6!) ~=k: ~~~~~~~{;~(l·. ·. ~ ~:: ·. -. ~~: ~: ·.::::: :·.~~::: ·. -.::: ::·.:: :: --~:: ::·.::: ~::: ·_ ·.::: ._._ -_ :·. ·.:: ~ -. -_ ·.::::: ·. ~:: ~: :·.---...~~:~~: . -- .... ~~~ ~~ 214,724 53,904 29:2,255 1, 205,129 .......................... 1, 369,665 ~eats, preserved .........•.•...•......•.........•.•................•...... _........•....................... . ............ . 525,278 ·· ·-- -- -··-· · 616,4'-lO lanl. _.... ..........•..........................•.••.......................•••.•.....•......•.......... .lbs. 110,053, 484 14, 712,320 96,483,263 12, 934,392 ~~~~~~-~~~::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :l~::: 1~~: ~~~: ~~~ 20, OGO, 153 127, 700, 1P5 13,890,893 3, 747, 9;19 41,914,23:2 3, 974,959 Total................................................................................................... ... .. . . . . . . . . . 114.179,734 116, 904, 852 . Now let us turn to ltrance and learn what her condition is, and Here [holding up the volume] is the embodied experience of a w betber she practices free trade or protection. Let me here refer century, during which bloody revolutions wronghtch:inges of dynas- ngain to the statement of my friend, and see bow he found the trade ties and the forms of government, but never shook the confidence of and finances of France. Says Mr. Baird: the government or people in the wisdom and beneficence of tbA pro- .As is well known, France waa obliged to pay to Germany a war fine of $1,100.- tective system. The prohibition by wllich she now excludes our cut- 000,000. This fine was paid with a loss, in her oirect intercourse with Germany, of lery was ordained in December, 1796, since when it bas stood without but little over $100,000,000 of gold and silver, it having been actually paid almost change. Our cottons, yarns and fabrics, are excluded by a prohibition entirely in bills of exchange drawn against merchandise shipped t~ Germany and established in 1809. From the time of t.be treaty with Cobden, known other countries. To-day France is the only country in Europe which enjoys any as the Chevalier-Cobden treaty, British authors have constantly al- degree of prosperity, and bea.rs every evidence of as high a degree of vitality as she ever before pos:;essed even a.t the most flourishing period of the empire. This luded t.o France as a free-trade country. Yet, sir, no such all-embrac- appearanco has a real and substantial basis, with the exception probably of tho ing and ingeniously protective body of law as the tariff, a copy of silk industry of Lyons and the shipping trade of Marseilles, whoRe dullness is ex- which I now hold, was ever put togetller by legislative body or im- plainable in the depressed condition of aU the countries with which they trade. REPORTER. '.fo what cause, Mr. naird, do you think this remarkable and excep- perial decree. tional prosperity of France is due'! To give you an idea of the ingenuity with which France protects Mr. BAIRD. To the fact that. for seventy years she has maintaine!l an intelligent the labor of the country, I will call your att.e ntion in passing to one and efficient system of protection to bel' mduatries, and that those industries have or two points. I take this page to which I have opened casually; it reached a higher degree of perfection than bas ever before been seen by those of any country in the history of the world; and, furthermore, to the sus.Pension of is in relation to woolen yarns. "Unbleached, 840 francs to 100 kilo- specie payments by the Bank of France in September, 1870, the immediate result- grams, or 221t pounds." But if colored, dyed, printed in any way, ant increase in her paper cun-ency from $275,000,000 to 600,000,000, and notwith- they are prohibited. Now in regard to the treaty tariff. If spun standing tbe accumulation by import of gold and silver amounting to not less than simply, so that 100 kilograms will measure 30,500 meters, the duty, $350,000,000 since January 1, 1874, a contraction in the circulation of the Bank of France of not over 120,000,000from the highest point, thus making the instrum~nt under the treaty or so-called reciprocal trade tariff~ is 32.50 francs; of payment subservient to the work that is needed to be performed, and not mak- bnt if spun so as to measure 100,500 meters, the duty is 130 francs, ing the commerce of the people subservient to an arbitrarily limited volume of ascending by scales of 10,000 meters with an equal increase of duty. money, as we have stnpidly done in this country since the year 1865. So, too, of fabrics. Tho number of threads to the pound regulates REPORTER. Has the Bank of France yet resumed specie payments 1 Mr. EAIRD. No, and it is not proposed that she shall until January 1, 1878. the duty, which increases with the number and consequent fineness REPORTER. Is specie in circulation to any extent to-day in France~ of tho threads. But I earnestly request gentlemen to examine the Mr. EAIRD. Yes, both gold and silver to as great an extent as I ever saw on any translations I now send to the desk. previous visit to that country, it being a. matter of perfect indifference to any banker, The French rates of duty are in black letter; our own are indicated merchant, shop-keeper, or hotel proprietor, whether he gives or receives money in large or small quantities in gold, silver, or paper. by Roman letter. REPORTER. To what do you at.tribute this condition of things' The beadings of the pages are in themselves most significant. Gen- M-r. EAIRD. To the fact that by the development of her industries, already re- tlemen will observe that one column marks the article to which the du- fen·ecl to, France bas made herself a. creditor nation with every country with which ties attach, another the units on which duties are computed, another she trades, and has accumulated the precious metals to the amount of not less than 81.250,000,000, for which she has no use .except as the ba.'3is of her banking system the date of the law establishing the duty; and in the treaty tariff the and the commerce among her people. Thus, with a metallic and paper currency of tb ird and last the duties. But over the general tariff there are three not less than 1,730,000,000, it is in the power of the people to diSpense almost en- others, the first two marking sometimes the same rates of duties, and tirely wit.h the credit system, and the Frenchman stands to-day with the reputation of being the best pay in the wol'ld. the third always denoting an increase of three francs, a special duty imposed to protect French shipping and promote direct trade between Will tl.Je chairman or any member of the committee who voted to her and the country whose productions she consumes as raw material. report this bill affirm that free trade or low duties has given this ex- The first of the three is for the products of European countries, the ceptional prosperity to France T Here is an official copy of the French second for articles importecl directly from countries outside of Europe, tariff. [Holding np a volume.] Look at it, gentlemen; it is a matter aD(l the third those imported from European markets, or such as llave of copious detail, filling one hundred and ninety-eight imperial quai·to not been brou~ht from the country of production directly to France. pages. France admits nothing free but raw material with which she Above these t11ree columns gentlemen will notice a paragraph sta,t.- cannot supply herself. If she can produce tl.Je greater -part of what ing that all the duties of tho general tariff were increased 4 per cent. she requires, she protects the workers in that article by imposing a by the law of December 30, 1873, wbicll was the last formal declara- duty npon the quantit.y required to supplement tho native supply. tion made by the French government against any tendency to free No manufactured article enters her marku free of duty. ' trade. .. FRENCH TARIFF-GENERAL .<\.ND TREATY. (TRANSLATION.) GENERAL TARIFF-IMPORTS. TREATY TARIFF-IMPORTS. rod DuTIEs.-These duties are to be increased 4 per cent. CLaw of December 30, 1873.) fe .s ~ ~a:l ~ 0 :;3 Products of countries outside Q;) Q of Europe. f Q;) ~ ~ Q rtJ Q;) Date of au- 14 CHEMICAL PRODUCTS. Units on which duties thority for :;3 .s are computed. CHEMICAL PRODUCTS. = Duties. ·ct> '0 collection. .c:l Q :a~ 0 .... ..c:l ~ ~ 0 ....0 ·s.sp ~ A Bromine ................................... 100kilogs.,net=2211lbs July 2,1836 FT. a. 48 00 Fr. a. 48 00 FT. a. ~~ 00 41 c.lb .. .. .. .. 41 c.l b .. .. . . .. 4l c. I b .. .. .. .. Bromine ............................... l 100 kilogs., gross. Nov. 16, 1860 Exempt. Fr. 0. Iodine, crude or refined .......................... do ................. June 18,1859 60 0 0 0 600 00 603 00 Iodine, crude or refined ............... .. 53 c. lb • • • .. • .. 53 c. lb .. . . .. . . 531 c. lb ....... Phosphorus, (see Chemical products, not Phosphorus: specified.) • White .................................. 100 kilogs., net ...... do ........ . 3~ c. lb. 40 00 Red .................................... . Ad valorem . .-....... do ......... 10 per cent. Acids: Acids: Arsenious ................... ~ ........... 100 kilogs., gross= 221! Jane 9,1845 120 120 4 20 Arsenious ............................ ) . lbs. 10 3-5 c. 100 lbs. 10 3-5 c. 100 lbs. 37 c. 100 lbs . .. Benzoic ........................................ do ••••••••••.•••••. Alr. 28, 1816 3 00 Exempt .•.••.. 3 00 :Benzoic .............................. j ( rticle 16.) 26 3·5 c. 100 lbs. 26 3-5 c. 100 lbs. :Boracic ........................................ do ................ . July 27, 1822 0 30 0 30 3 30 :Boracic ............................... 1 2 3-5 c. 100 lbs . 2 3-5 c. 100 lbs . 29 c. 100 lbs ... ~ 100 kilogs., g~oss ..•.. do.------~ Citric- Liquid: Juice of the lime, natural or ...... do ................ . Apr. 18, 1857 concentrated, 35 degrees and under. 1 20 10 3-5 c. 100 lbs. 1 20 4 20 10 3-5 c. 100 lbs. 37 c. 100 lbs . .. Citric- Liquid 1 !natural or concentrated,) lime-JUlCe. I l Above 35 degrees ...................... 1oo kUogs., net= 2211 July 2,1836 { 180 00 16 c. lb ...... 180 00 183 00 16 c. lb ....... 17 c. lb ........ Exempt. Crystallized ............................ lbs. 5 Crystallized ......................... ) Gr.llic, (see Chemical products, not spe- Gallic ................................ . 10 Products of countries outside ~ Q) of Europe. f~ ::au Q ~'g en ~ ... Date of au- ~ ~ I CHEMICAL PRODUCTS. ~ = cE Duties. ~j Units on which duties thority for col- A !'ilcn '"0 ~ CHEMICAL PRODUCTS. are computed. lootion. ~:8 :Bg ""' 13

~~=:~~~-~~i~~~~~----····------··--··· 100 kilogs., net .......... Apr. 18,1816 84 00 84 00 87 00 $7.45 p. 100 lbs . $7 45 p. 100 lbs $7.71 p.100 lbs. Potash....... • • . .. .. • .. .. • .. • • • • • • • • .. • • . 100 kilogs., gross .. • .. • .. .Tune 4, 1864 Free...... .. .. Free ........ .. 3 00 26 3-5 c. 100 lbs. Soda, pure, anhydrous, containing in na.- ••••.. do . . • • . • • . . . . . • • • • . May 16, 1863 1 so 180 4 80 Soda, pure, anhydrous, containing i.n na- '100 kilogs., gross. S ... . do .... . ~ 1. 80 ture 25 per cent. or less of salt. 16 c. 100 lbs . .. 16 c. 100 lbs . . . 42 3-5 c. 100 Ius. ture 25 per cent. of salt or less. ~ DIIC. 27, 1862 5 16 o. 100 lba. Soda, pure, anhydrous, containing in na- •.•••. do ..................... do •.••••. ,. 20 7 20 1.0 20 Soda, pure, anhydrous, containing in na- .... do ........... .Nov. 16,1800 7 20 tnre moro than 25 per cent. salt. 63 4-5 c. 100 lbs. 63 4-5 c. 100 lbs. 90 c. lOll lbs. ture more than 25 per cent. of salt. 63 4-5 c. 100 lba. Soda, pnre, (cryst.allized or hydrated,) .•.••. do ..................... do-~----- 12~ 1 2~ 4 2~ Soda, pure, (cryst'lllizod or hydrated,) .... do ........... { oec~~7,'1862} 0 9~ glauber salt. 11 c. 100 lbs .... 11 c. 100 lbs . . .. 37 3-5 c. 100 llJ~. glauber salt. 8 c.lOO lbs. Sot!a, impure, anhydrous, containing in ...... do ..................... do .•••••• 1 7~ l 7~ 4 ,.~ Soda, impure, anhydrous, containing in .... do ........... ~Nov.l6, ldGO ~ 1 ,.~ natme 25 per cent. or less of salt. 15i c. 100 lbs .. 15i c. 100 lbs . . 42 c. 100 lbs. nature 25 per cent or less of ~alt. Dec. 27, 18G2 5 15~ c. 100 lb~. Soda, impure, anhydrous, containing in _ .•..•. do .... . ................ do ...... . 6 60 6 60 9 60 Soda, impure, anhydrous, containing in .... do . .. . . .. . . .. ov. 16, 1860 6 60 naturo more than 25 per cent. of Slilt. 58i c. 100 lbs .. 58! c.100 lbs . . 84 c. 100 ll>s. nature more than 25 per cent. SP.lt. 58~ c. 100 lbs. Soda, impure, (crystallized or hydrated,) ...... do ........ . ............ do ...... . 120 120 4 20 Soda, impure, (cryst:1lllzed or hydrated) ····do · · · · · • · · • · { oec~~1; i86~ ~ 0 90 ~laul>et· salt. 10 3-5 c. 100 lbs. 10 3-5 c.lOO ll>s. 37 c. 100 lba. glauber salt. 7 c. 100 lbs. Zinc, \V bite vitriol........................ 100 kilogs., net .. .. .. .. .. Apr. 28, 1816 37 20 37 20 40 20 Zinc, (see Chemical products not speci- 3 3-10 c. lb ..... a 3-10 c. lb ..... 31 c. lb. fietl.) Sulphite of soda, (see Chemicnl products, Sulphite of soda .......................... . . ... do ........... ~ Nov.16, 1860 ~ 1 80 not specified.) ~,;pee. 27, 1862 5 16 c. 100 lbs. Hyposulpbite of soda, (see Chemical prod- Hyposulphite of soda---···: ................... do ........... 5 Nov.16, 1860 ~ 3 80 ucts, 11ot specified.) ~Dec. 27, 1862 5 33 c. 100 lbs. • Sulphides: Sulphides: '9 '60 Arsenic, in masses . • • • • .. .. .. .. •• .. .. • • • . 100 kilogs., gross........ .Juno 11, 1845 9 60 1.2 60 Arsenio ................................. . .... do .......... . Nov. 16,1860 Free. 84 c. 100 lbs ... 84 c. 100 lba .. . $1.10 100 lbA. Me:ronry, iu stones, natural or artificial, 100 kilogs., net .......... Apr. 28,1816 180 00 180 00 183 00 Mercury. (see Chemical products not OlDDU.UU.I', 16 c.lb ........ 16 c.lb . ...... 17 c. lb. specified.) Mercury, powdered vermilion ................ do ..................... do ...... . 240 00 240 00 243 00 2! c.lb -~-----· 21 o.lb ........ 2li c. lb. Tartrates: Tartrates : ) Acid of potash, veryimpm·e-wine lees .. 100 kilogs"., gross ........ Apr. 18,1857 Free .......... Free~---··.... 3 00 Acid of potash, very impure-wine lees ...... do .•.•••..•.. 1 . pure, cru d e t nrt ar. .. .. 100 kil ogs., net .. .. • • • • .. ~ May 1m r Apr. 28, 1816 5 1e60 Free .2.. 4..0. ++ ~ 21 c. 100 llm . . . 5 F'ree ......... . 26 3-5 c. 100 lbs. 3 00 26 3-5 c. 100 lbs. impure, crude tartar.... 100 kilogs., net .. l crystalsoftartar....... do ................. .July 2,1830 a·o 00 30 00 33 00 crystals of tartar 100kilogs., gross ( .... do ....... Free. pure, cream tartar ............. do .. • • .. .. .. • • .. . .. Apr. 28, 1816 2 3-5 c. lb.... .. 36 00 3 c. lb.. .. .. . .. 2 3-5 c. lb... ... 36 00 3 c.lh.. .... . .. 2 9-10 c. lb. :lt c. lb. 39 00 pure, cream tartar ........... do ........... I Potash, (vegetable salt) ................ ~ d0 Apr lS 1816 r 84 00 84 00 87 00 Potash, veget.'lble salt ................... . .... do ....•..••.. J Double of soda and potash ............. 5 ...... ............. --.. • ' ~ 7 45-100 c. lb .. 7 45-100 c.lb .. 7 7-10 c. lb. Double of soda aud potash ................... do ......... .. Medicinal salt of Kreutznach .................... do................ .July 26,1856 12 00 Medicinal salt of Kren.tznach, (see Chem- 1 c.lb. ical products not specified.) Chemical products derived from coal-oil, Chemical products derived from coal-oiL. } (see Chemical products, not specified.) Ad valorem ......... do .. .. .. • .. 5 p. c. Chemical products, not specifl.ed .................................... . May 17,1826 Prohibited .... Prohibited .... Prohibited. Chemical prod ucta, not specified ........ . *Free if imported directly from tbe country of production, otherwise 2 f. 40c. per 100 kilograms. 21 c. 100 lbs. - -- ·----------------------------------------------------------------------------------------~-------------------------------------------------------- GENERAL TARIFF-IMPORTS. TREATY TARIFF-IMPORTS. 1 DUTJEs.-These duties are to be increased 4 per cent. (Law of December 30, 1873.) Products of countries outside Products of European countries. of Europe. Da.t.eofau- CHEMICAL PRODUCTS. Units on which dut~ tborityforcol- CHEMICAL PRODUCTS. Duties. are computed. lection. Fr. a. Fr. a. Fr. a. Fr. a. Fr. a. Oxides of': Cobalt, pure .• ••• ···-·········· ~ 100 kil silicious, (Zaffre) ....... 5 ogs., gross··--···· July 26, 18561 , Oxides of: Cobll.lt, pure .................. silicious, (Zaffre) ..... . l Copper ......................... l d Tin ............................ 5 •••••• o ................ . Apr. 18, 1857 Copper ....................... j 100 kilogs., gross . Nov. 16, 18GO Free. July 26,1856 ~ ~:;d~~~~ ~ ~ ~~~ ~~ ~::::: ~::: ~:: ::::: ::::: ::~ :::~: :::::::::: !. ~~ 1~.1 s ~~5 • Free ........................ Uranium ............................... do ................ . Apr. 18,1816 1 18 ·1 :::: t:~~: ~=::::: :::::::::::::: ......do ......... .. May Ura.nium ............................ do ........... Nov. 1, 1867 Cooditionsofgeu- eral tariff.* 16, 1860 Free. Ztl;lc, white ................... 'l (Article 16.) .••••• do ................ . May 1,1867 J Zinc, white ..................... . ... do ........... .May 1,1867 Conditioosof~en­ er'll tariff.* gray ..................... . Free ...... .. 3 00 Potash ~~rbon~te'of'p~t~~h- "ioot~~g~:,'~"e"t:: }"Nov. 16,1860 rn'if Free. S Mar. 27,1817 lF S 2 40 !6 c. 100 lbs · · · indigenous to the country im- Potash and carbonate of potash • . 100 kilogs., net ........ ~ May 5, !eGO 5 ree • • • • • • • l 1-5 c. lb ..... .. 2fl3-5c.l00 lbs. portec.lirom. · Potash, other than· indigenous to .... do ........... May 1,1861 2 40 the country imported from. (Article 14.) 1-5 c. lb• Ashes, ve~etable, live or li.x.ivlated, 100 kilogs., gross .. •• • • .. Apr. 18, 1857 Free ....................... .. .Ashes, vegetable, live, or lixiviated 100 kilogs., gross . Nov. 16, 1860 Free. (buck-ashes.) Beet potash. S Nov. 16,1860 } 0 10 Beet potash ....................... · ... do ........... ~Dec. 27, 1862 9 o.1,000 lbs. Socla: Soda: S Nov. 16,1860 l 0 1~ From sea-weed ................... JOO kilogs., net .......... Mar. 25,1852 31 80 31 80 31 80 34 80 From sea-weed ...................... do.......... l Dec. 27, 1862 51 3 ~ 0 • 1, 000 lbs. 2 4-5 c.lb ... • • • 2 4-5 c. lb...... 2 4-5 o.lb. •• • .. 2 4-5 c. lb ...... S Nov. 16, 1860 l 6 40 Caustic, (see Chemical products, Caustic· ............................ do· .......... ~Dec. 27,1862 5 56 c.100 lbs. not enumerated.) Natural or artificial, (carbonate 100 kilogs., net .............. do • ...... 31 80 31 80 31 80 34 80 Natural or artificial, (carbonate~ 16, 1860 ~ 1 90 r:as~o~a~e:~~~s~ testing a+ J .... do ... - ....... { TI~~- 21, 1862 5 16 c. 100 lbs. of soda,) crude. 2 4-5 c. lb...... 2 4-5 c. lb...... 2 4-5 c. lb...... 3 c. lb ....... .. Natural or artificial, (carbonate} Natural or artificial, (carbonate .... do ........... Nov. 16,1860 :J 8~ of soda,) refined sal-soda...... d J 8, nn 80 nn 80 nn 80 n~ 80 of soda,) crude testiug less 52 c.100 lbs. Natural or artificial, (carbonate ...... 0 . . . . . . . . . . . . . . . . . nne 1 1859 ,.,.., ..,.., .. ~ Mtl of soda,) refined soda-crystals 2 c. lb......... 2 e. lb. • .. .. • .. 2 e. lb......... 21 c. lb ........ than 30 degrees. Natural or artifl.cial,(cnrbonate ~ 16,1860 ofsodai) refl.nedl ~. ~ Cotton thrend, pure, (a) single- Fr. 0. Ftl·. o. Pr. 0. Cotton thread, pure, mett.surlng to the i Fr. 0. kilog., (l1-10 lbs., about,) single- Unbleached: Unbleached: No. 143, metric system, and n.bove •••••••••. 100 kilogs. net •••••••••. July 8,1836 840 00 840 00 843 00 20,500 meters, or less ..•••••••• , . . • • • • • • . . 100 kilogs. nAt. . Nov. 16, 1860 1~ 00 74! c. lb....... 741 c. lb....... 74f c. lb. 1:\- c. lb. All others •••••.••••••••••••••••••••••••••.•••••••••••••••••••••••••. Dec. ~. 1809 Prohibited •••. Prohibited .••. Pt·ohibited .••. Over20,500meters, not over30,500 .••••••..•• do ............... do......... 20 00 1 77-100 c. lb. Over30,500 meters, not over 40,500 ............ do ............... do .•••••••. 30 00 2! c. lb. Over 40,500 meters, not over 50,500 ..•••••...•. do .•••••••••..••• do ........ . 40 00 3! c. lb. Over 50,500 meters, not over 60,500 ............ do ............... do . ••. . .. .. ~0 00 4 2-5 c. lb. Over 00,500 meters, not over 70,500 ............ do ............... do ....... .. 60 00 5! c. lb. Over70,500 meters, notover80,500 ............ do .......... . .... do......... '70 00 6 1-5 c. lb. Over 80,500 meters, not over 90,500........ . ••. do . • • . • • . • • • . . .•. do .••••••. . 90 00 8 c. lb. Over 90,500, meters, not over 100,500 .......... do •••••••••• . .••. do ........ . ~ 100 00 Sic. lb. Over 100,500 meters, not over 110,500 .... . .... do ............... do ....... .. 120 0(1 10 6-10 c. lb. Over 110,500 meters, not over 120,500 .... . .... do .......... . .... do ....... .. 140 00 12 2-5 c. lb. Over 120,500 meters, not over 130,500 ......... do ............... do ....... .. 160 00 14 1-5 c. lb. Over 130,500 meters, not over 140,500 ......... do ............... do ........ . 200 00 17! c. lb. Over 140,500 meters, not over 170,500 .... . .... do ............... do ........ . 2:i0 00 2217-100 c. lb. Over 170,500 ................................. do .••••••••...••. do .••.•••.. 300 00 26t c. lb. Bleached: Blol\ched ••••••••••••••••••••••••••••••••• ·.......................... Dec. 22, 1809 Prohibited.... Prohibita<\.... Prohibited .••. 20,500 meters, or less ......................... do ............... do .•••••.. . 1'7 2~ 11 c. lb. Over 20,500 meters, not over 30,500 ....•••...•. do .......... . .... do ..•••.•. . 23 ·00 2 c. lb. Over 30,500 meters, not over 40,500 ............ do .••••••••. . .••. do ..... : . . . 34 ~0 . Over 40,500 meters, not over 50,500 ............ do ............... do . • .. • .. .. 3 c. lb. 4 6 00 4 c. lb. Over 50,500 meters, not over 60,500 ............ do ............... do ......... ~'7 ~0 5 1-10 c. lb. Over 60,500 meters, not over70,500 ............ do ............... do ........ . 69 00 6b c. lb. Over70,500 meters, not over80,500 ............ do ............... do ........ . 80 ~0 7 1-1Q c. lb. Over 80,500 meters, not over90,500 ............ do . ...... ... .. •. do ....... .. 103 :iO 9 1-6 c. lb. Over 90,500 meters, not over 100,500 .......... do ............... do ....... .. 11~ 00 10 1-5 c. lb. Over 100,500 meters, not over 110,500 ......... do . ......... . ... do ........ . 138 00 12! c. lb. ·over 110,500 meters, not over 120,500 ......... do ............... do ....... .. 161 00 14! c. lb. Over 120,500 meters, not over 130,500 ......... do ...•••••••..•.. do ....... .. 184. 00 161 c. lb. - GENERAL TARIFF-IMPORTS. TREATY TARIFF-IMPORTS. DUTIKS.-Tbese duties :ne to be increased 4 per cent. (Law of December 30, 1873.) Products of countries outside of Europe. Dn.te of au- THREAD. Units on which duties thoritytorcol- THREAD. Duties. nre computed. lection. Fr. a. Fr. 0. Fr. a. Cotton thread, pure, mensurio~ to the i Fr. o. Cotton 'thread, pure, single, (a)-Continued. Dec. 22,1809 Prohibited .•.. Prnbibited ..•. Prohibited.... kilogram, (11-10 lb., about)-Vontinued. Bleached-Continued. Bleached- Continued. Over 130,500 meters, not over 140,500.... . 100 kilogs., net. . Nov. 16, 1860 230 00 20 2-5 c. lb. Over 140,500 meters, not over 170,500 ......... do ............... do ....... .. !l8't ~0 25i c. lb. Over 170,500 meters ......................... do ............... do......... 34~ 00 40 c. lb. Single, dyed: Dyed ................................................................ Dec. 22,1809 Prohibited .... Prohibited .••. 20,500 meters, or leas .................... . .... do ............... do ........ . 40 00 3i e. lb. More than 20,500 meters, but not more .... do ............... do ....... .. 4~ 00 than 30,500 meters. 4 c. lb. .• More than 30,500 meters, but not more .... do ............... do ......... ~ than 40,500 meters. More than 40,500 meters, but not more .... do ............... do......... than 50,500 meters. 4i c. lb . 5i c. lb. lj~ 00 6~ 00 More thim 50,500 meters, but not more .... do ............... do......... 1'~ 00 than 60,500 meters. 6} c. lb. More than 60,500 meters, but not more .... do ............... do.......... 8~ 00 than 70,500 meters. 71 c. lb. More tbnn 70,500 meters, but not more .... do ............... do . . .. . .. .. 9~ 00 than 80,500 meters. 8 2-5 c. lb. More tba.n 80,500 meters, but not more .... do .............. do......... ll:i 00 than 90,500 meters. 10 1-5 c. lb. More than 90,500 meters, but not more .... do .......... . .... do ..... .• .. 1.23 00 than 100,500 meters. . 11 c. lb. More than 100,500 meters, but not more .... do ............... do ........ . 14~ 00 than 110,500 meters. 123 o.lb. More than 110,500 meters, but not more .... do .. . .. .. . .. .. .. do ......... 16~ 00 than 120,500 metors. 14t o.lb. More than 120,500 meters, but not more .... do ............... do ....... .. l.S~ 00 than 130,500 meters. 16 2-5 c. lb. More than 130,500 meters, but not more .... do ............... do ........ . . 22:i 00 than 140,500 meters. 20 o.lb. 11foro than 140,500 meters, but not wore .... do ............... do ..... ... . 21'/j 00 tbnn 170,500 meters. 25 c. lb. Morethnn 170,500meters ..................... do ............... do......... 32G 00 Twisted, two yarns: 28 4-5 c. 11.>. Unbleached, No. 143, (metric system,) 100 kilogs., net . • .. . .. .. . Jnly 2, 1836 960 00 960 00 963 00 Twistecl, two yarns: . and over. 84 o. lb. 84 c. lb. 84 2-5 c. lb. 20,500 meters ........................... . .... do . ......... . May 1, 1861 19 50 All other ............................. . .. ...................... Dec. 22, 1809 Prohibited.... Prohibited ... . 1~ c. lb. More than 20,500 meters, but not more .... do ............... do ........ . 26 00 than 30,500 meters. 2 3-10 c. lb. More than 30,500 meters, but not more .... do ............... do ....... .. 39 00 than 40,500 meters. 3 2-5 c. lb. More tbn.n 40,500 meters, but not more .... do ............... do ....... .. ~2 00 than 50,500 meters. 4 3-5 o.lb. More than 50,500 rooters, but not more .... do ............. do ....... .. 6~ 00 than 60,500 meters. 5~ o.lb. GENERAL TARIFF-IMPORTS- TREATY TARIFF-IMPORTS. If ------------------------------~-----------------~~--------~----------------------------------, ~:. -------------------------------~------------~----------~----------- Dt:Til'S.-The!;e rlnti<'A are to be iucrew•od 4 ] pot· cent. (Law of December :JO, 1873.) I ~ = 6 Productl:l of c••nntrios outside 8 :3 8:::~ of Europe. 8 ~ :gg Dn.te of nu- ~ §'C: £ ~ ~ THREAD. Units on which duties nre comput"d. t.boritv for 8. ~~ ,~ !'i THREAD. 1;: ';, Duties. collect.i.on. 2~ ~~ ~- ~ ~ ~f o; eJJ .g '§ - eo e;s :.:; ~ 'o ;a~. ....8 ~ § ~ ~·E ~ ~c. § ~ _g ~§5 t:~ 2 o f.: [38~ ~A ~ ,... H H C"::! Fr.O. Fr.O. Fr. 0. p,·.o. 0 Cotton thread, pure, (a)-Continued. .Cotton 1hread, pnre, measuring to the half kilogram, (11 · 10 lb., about.)-Continue-10 e. lb. t;::d More than 70,500 meters, but not more .... do .......... .. ... do ........ . fll 00 t:.?";j than 80,500 meters. 8 c. lb. m Moro than 80,500 meters, but not more .... do ............... do ....... .. 10i c. lb. 111' 00 w H than 90,500 meters. 0 More than 90.500 meters, but not more .... do ............... do ........ . than 100,500 meters. 11~ c. lb. 130 00 z More than 100,500 meters, but not more .... do ............... do ........ . than 110,500 meters. More than 110,500 meters, but not more .... do ............... do ....... .. 156 00 13 4-5 c. lb. 1.82 00 > t:-i than 120,500 meters. 16 14-100 c. lb. More thn.n 120,500 meters, but not more .... do ............... do ........ . 208 00 ~ tba.n 130,500 meters. 18 2-5 c. lb. t_=j More tl..tn.u 1J0,500 meters, but not more .... do ............... do ....... .. t.ban 140,500 meters. 23 c. lb. 260 00 a More than 140,500 meters, but not more .... do ............... do ....... .. 320i 00 0 than 170,500 meters. 28 4-5 c. lb. ~ More than 170,500 meters ..................... do .......... . .... do .•....... 390 00 0 Bleached •••••••••••••••••• ~ • • .. • • .. . • • • • • • , •••••••••• I ............ Dec. 22,1809 Prohibited .... hohibitod ... ·1 P"hlbited. Bleached: 34~ c. lb. I ~ 20,500 meters or less ......................... do ............... do ....... .. 22 40 2o. lb. nearly. ~ 0 I More than 20,500 meters,' but not ro01·e tha!l 30,500 meters. .... do .............. do ....... . 2! c. lb. 29 90 q • More than 30,500 meters, but not more ... do ............... do ........ . 44 85 rn than 40,500 meters. More than 40,500 meters, but not more ... . do .............. do ........ . 4 c. lb. 59 80 .t;;j than !:i0,500 meters. 5 3-10 c. lb. More than 50,500 meters, but not more .... do ............... do ........ . 74 '75 than 60,500 meters. 6~ 0: lb. More thnn 60,500 meters, but not more .... do ............... do ........ . 89 70 than 70,500 Dieters. 8 c. lb. More than 70,500 meters, but not more .... do ............... do ........ . 104 65 than SO,f-00 meters. 9! c. lb. More than 80 .500 meters, but not more .... do .......... . .... do ........ . 134 ~5 than 90,500 meters. I 11 9-10 c. lb. More tbnn 90,500 meters, but not mot·e .... do ............... do ...... . .. 14l9 ~0 than 100,500 meters. 13~ c. lb. More than I 00,500 maters, but not more .... do ..... ~ ......... do ........ .· 179 40 than 110,500 metcrtl. 15 9-10 c. lb. More than 110,!100 meters, but not more .... do .......... . .... do......... 209 30 ~ than 130,500 metet·s. 18t c. lb. ~ More than 1<:!0,500 meters, but not mot•e .... do ............... do • • •• . • . . . 230 20 00 tho.n 130,500 m eters. , 2L 1-5 c.llJ. ~ GE~ERAL TARIFF-IMPORTS. I TREATY TARIFF-IMPORTS. ..0 DuTms.-These duties are to bo increased 4 per ct-nt. (Law of December :30, 1813.) .s;::s ~ r ~ Pt·oducts of countries outside I 80 Q ::l of Europe. 8 f OS ~ ~- THREAD. Units on which dnties Date .of au- thority for g p. oo .t~ 6 ... ::l THREAD. :3"' Duties. are computed. ~~ .§ collection. ~i ~-·;a 8~ ....... ~-c f€ ·-"' 01- ~~ ., of :a~ 0 2Q isbP. c:i ]§ c:= 0 ::l ~-§~ loon thread, (a)-Continued. Pure cotton tbrend mea.•mring to the half kilogram, (11-10 pounds,) twisteu two- yarns-Con t,jnutld. Dyed . • • • • . . . . . . • • • • • . • . • • • • • • . • • • • • • • • • . . • • • • • . • • . • .. • • • • • • • • .. . • . Dec. 22, 18fi0 Prohibiteu... . Prohibi tecl.... Prohiuited ... Dyt>d: More than 130,500 meters, bnt not more 100 kilogs., net.. May 1, 1861 299 00 th'ln 140,500 meters. 26! c. lb. More than 140.500 meters, but not more .... de ............... do ....... .. 3,.3 '7l) than 170,500 meters. 33 1-fi c. lb. More than 170,500 motors . . . . . . • . . • • • . • . . . •.. do . . • . . .. • .. . . ... do ........ . 448 l>O 39~ o.lb. Dyed: 20,~00metersorless .................. ~ ... . ... ,.<:l () ·~ 0 :a ::1 ~ ~ 0 ~ It) ' .... cO 0 :<;:::: =:l .s d p ~ Fr. 0. P.r. a. Fr. a. Impl 480 00 480 00 483 00 Pons iu rnetal other than gold or silver ......... do ........... Oct. 12,1800 100 00 I!Oltl o1· silver. 1 4~! c. Ill ... 42?tl"l. lb . .... . 4~t c IIJ. 8 4-:> c.Jb. 'utl••ry. (10 Brumairo, fifth year of the 1. ....................... . Nov. 3, 17!\6 Proll ibited ... . l'rohibitetl ... . Prohibited. Cutlery of nlllduds ........................ A.d valorem ......... do ......... 15 c. por cent. ropuhlic.) 1 GENERAL TARIFF-IMPORTS. TREATY T.ARIFF-IMPORTS. DuTIES.-These duties are to be increa ed 4 per (IOnt. (Law of December 30, 1873.) Products of countries outside Products of European countries. of Europe. §->';j ""= ~:S:3 ~..,. c= OJO 8~ .t:r-.2: ~! . .§s rc::lo;)'g !~r.. :s:a& . . ~e ]§ .... ~ &t!' ag= 8.~ s ~-.;>0 Jj ~ t--1 Fr.O. Fr.O. Fr.O. Fr.O. Fr. a. Silks: Silks: In cocoons........... . • . • . . . . . . . . 100 kilogs., gross........ Apr. 18, 1857 In cocoons . . . . . . •• . • • • • . . . • . . . . . . 100 kilogs., l!ross.l .. Unbleached, raw, or thrown, 100 kilogs., net.......... :H:u.y 16, 186J Raw or thrown . .. .. . . . . .. . .. .. . . 100 kilogs., net .. t .and including donble thread. Free · · · · · · · · · · Free · · · · · · · · · · { 26 3-5 c}oo~s. ~J1~~·~ all kinds ..................... do ....... .. Nov. 16,1860 Free• ~!~~~~f all kinds ...•................. do . . . . . • • • • . . . . . • . . July 11, 1868 In bulk nnbleached or dyed ... 100 kilogs., gross ... . .... May 16,1863 In bulk . .. . . . .. . .. .. .. .. • .. .. • 100 kilogs., gross. J Combed, of ail kinds .......•....••••• do •.•...•.••••••••..••. dn ••••••• 10 00 1.0 00 10 00 13 00 Combed ................ ...... . ..... do ............ do......... 10 00 88 7-10 c. 100 lb. 88 7-10 c. 100 lbs. 88 7-10 c. 100 lbs. $1.04 100 lbs . •. 88 7-10 o. 100 lbs. Spun, (silk-ferret,) single, or Spun, (silk-ferret,) single or twisted, u n h 1 each e d, twistfld, unbleached, blench- bleached, blued or dyed, mea- ed, blued or dyed, measuring, suring to the kilogram- • to the kilogmm- 80,500 meters, single, or less. 100 kilogs., net .............. do....... '1~ 00 '1~ 00 ,-~ 00 '18 00 i 80,500 meters, single or less . . 100 kilogs., net ...... do .. .. .•••• '7'~ 00 6! c.lb .. .. .. . 6! c.lb .. . .. .. . llf o.lb . . .. .. . . 6 9-10 c. lb ..... 6t c. lb. More than 80,501' m tera, ...... do .................... .tlo. ...... 120 00 120 00 120 00 123 00 More th'l.D 80,500 meters, sin· ·...... do .... .... : .... do . . . • . . . . . 120 00 single. lOt o. lb....... lOt c.lb....... lOt c. lb . ...... lOt c.lb ....... gle. lot o.lb. Cocoon threads, (thr- ads from Tbre:tds,coars , from round the the waste of ftocks of silk,) cocoon, (thre ad from the me'lsnring to the kilo- waste of silk flocks, (see Gen- gram- eral tariff.) 30,000 meters, single, or less. .. ... do ..................... do . .. . .. . 2~ 00 2~ 00 2~ 00 28 00 2 1-5 c. lb ...... 21-5 c. lb . ..... 21-5 o.lb ...... 2i c.lb ...... .. I More than 30,000 meters, ........ do ............................... do . . .... . . Same duties n.e spun floss. l· single. TISSUES. TISSUES. rissues of silk : Handkercbiefs- Originnlly from India..... ..... . 100 kiloga., net .......... May 16, 1863 Free ......... . 3 00 Tissnes of silk : Tissues, hosiery and L1.ces of pure silk. ) I 26! c. 100 lbs. Of other ori¢11, unbleached .....••••• do ....•...•••....•. July 2,1836 84000 84000 74} c. lb ....... 74! o.lb ....... 7-tt o.lb. 84300 I printed ............. do ..................... do ...................... . l, 680 00 t, 680 00 1, 683 00 lkilog., net ... Nov. 16, 1860 Free. $1.49 p.lb ..... $1.49 p. lb ...•. $1.49!- p. lb. Crapes- Plain . . . . . .. .. .. .. .. . .. .. .. .. .. 1 kUog., net. .. .. .. .. • • .. May 1, 1867 20 00 2~ 00 20 00 2~ 00 Crape, English emhroidery, nn· f $1.77p.lb ..... $2.22p.lb . .... $1.77 p. lb ..... $2.22p. lb. blenched, black, or colored. Embroidered or worked .............. do . .................... do ..•... 34 00 40 00 34 00 40 00 ' $3.00 p.lb ..•.. $3.54 p.lb ..... $3.00 p.lb .. •.. $3.54 p.lb. Net, plain or embroidered, un- bleached or dressed. J Others originally from countrit>s ...... do . .................... do ....................................... Free ......... . 2~ outside of Europe. 2 c. lb. - - -- -----------'----- - - -----'------- ----- ---- - -- .... ·-· ..... - - -- - --- -- - - - --- ·-- -------------'---------- - ------- -----'-------- GENERAL TARIFF-IMPORTS. TREATY TARIFF-IMPORTS. DUTIEB.-These duties are to be increased 4 per cent. (Law of December 30, 1873.) Products of countries outside of Europe. Units on which duties Date of au- TISSUES. are computed. thority for TISSUES. Duties. collection. Fr. o. Fr. o. Fr. o. Fr. o. Tissues of silk-Continued. Tissues of silk-Continued. Others of European origin- Ribbons of silk- Pure stuffs, plain . . . . . ••••. •••••• •••••. 1 kilog., net ... •••••••.•. Apr. 28,1816 19 20 Velvet ........... ..................... . 1 kilog., net ..... Nov. 16,1860 ~ 00 worked. • • . • • • . • • • • • • • • .. .. . silk-figured................ l S $1.70 p.lb. 22 80 ~ .. .... do ...... ..... ........ do ....... l 12.02 p.lb. S . .. . . . . • ... .. . . . . . ..... ..: . .-.... ... ... Other kinds ............................... do ........... June 30,1864 43! c. lb. 35 2-5 c. lb. 4 00 coverings ............ ............. 100 kilogs., net .......... Mar. 15,1791 244 80 211 c. lb. tapestry ................................ do ..................... do....... 36'7 20 32! c.lb .,.. ....... gauze ............................ 1 kilog., net ............. Apr. 28,1816 3• ~ $3.30 p. lb. net . .. .. .. . .. • . • .. .. .. • .. • • • .. . • • . .. .. . . .. • • • • . . . . • . .. • • .. . . Mar. 10, 1809 Prohibited. lace called blonde .•••.•••••• ...•.. Ad valorem ............. Dec. 17, 1€14 18 p. c. hosiery............. . • . • • • • • • . . . . . 1 kilog., net. •• • • •• . • • • . . Apr. 28, 1816 14 40 $1.27 p. lb. small lace wares .••••.••••••.• ••••...•.. do .•.•.••••••.......... do ..... . . 19 zo $1.70 p. 1~. 66 ribbons, (and emne for velvet) .......... do ..................... do ....... . 85 c. lb. Others of European origin with gold or sliver- Stuffs worked with gold or silver, ...•.• do ..................... do....... 3'7 20 Tissues, small ln.ce goods, and laces of ..•. do . . • . • • . . . . . Nov. 16, 1860 12 00 fine. $3.30 p. lb. silk with gold or silver, fine. $1.06 p.lb. Stuffs worked with gold or silver, imi- .••.••..••••.••••••••••••. Mar. 15,1791 Prohibited. Tissues, small lace goods, and laces of .... do ............... do . • ... • . . . 3 :SO tation. silk with gold or silver, middling or 31 c. lb. imitation. Stufl'li mixed with thread, either gold 1 kilog., net .•• •......... Apr. 28, 1816 20 40 or silver, fine. . $1.81 p. lb. Stuffs mi.xed with thread, either gold Mar. 15,1791 Prohibited. or silver, imitation. Ganza, mixed with gold or silver, fine ... 1 kilog., net ........ ... .'. .Apr. 28,1816 ~4 40 ............................... . Gauze, mixed with gold or silver, itni- .......................... Mar. 15,1791 V;~ti~it!'d. tation. Lace, p;old, fine. . . . . • . . • • . . . . • • • . • • . . . • . 1 kilog., net. . . • • . • . . • • • . .Apr. 28, 1816 240 00 $21.00 p. lb. silver,fi.ne ............................ do ..................... do ..... .. L20 00 $10.50 p. lb. gold or silver, imitation ................ do ..................... de ..... .. 30 00 $2.66 p.lb. Small lace goods of gold or silver, .~ •••• do .................... do ...... . 36 00 tine. $3.19 p.lb. Small lace goods of gold or silver, imi- ...... do ..................... do ...... . 3 60 tation. 31 9-10 c. lb. Small lace goods mixed with gold or ...... do ..................... do ...... . 30 00 silver, fine. $2.66 p.lb. Small lo.ce ~oods · mixed with gold or ...... do ..................... do ...... . 9 60 silver, imitation. 85 c. lb. GENERAL TARIFF-IMPORTS TREATY TARIFF-IMPORTS. DuTIEs.-These duties at"e to be increased 4 per cent. (Law of Deceruber 30, 1873.) Products of countries outside / of Europe. Units on which duties Date of au- TISSUES. are computed. thority for TISSUES. Duties. collection. Fr. a. Fr. a. Fr. a. Fr. a. Others of European origin mixed with Mixed with flock silk ................... ....... .......... ._ . Nov. 16, 1860 Same duties as material other than gold or silver- flock-silk, pure. Mixed with other textile materials, silk Thread-mixed stuffs................... 1 kilog., net............. Apr. 28, 1816 1~ 60 predominating in weight- f1.38i p.lb. Ribbons, velvet .............. . ......... 1 kilog., net ........ . do ........ . ~ 00 tapestry............... 100 kilogs., net •••.• ; •••. Mar. 15,1791 361' !10 ~c. lb. 32i c.lh. others ...................... . Ad valorem ........ do ......... lOp.c. Gauze, tht"ead-mixed .••••••••••.••••••• 1 kilog., net .••••••.•••.. Apr. 28,1816 20 40 f1.81 p.l:· Small l:wo goods .....•.• .••••..•.••••••.•.••. do •.••.••••.•••••....•. do ..••.•. 60 851- c. lb. Others. (See note. l Other~....... .................. . •. . . . . . . . 1 kilog., net ......... do . • . . . .. . . 3 00 26t c. lb. Finished garments. (See note.) Gnrmcnts and trimmed articles ............................ May 1, 1861 Governed by tis- sues ~redomin· ating m weight. TiSBues: Tissues of flock-silk: PIU'e tissues, cashmere e~broidered ..... . ......................... June 7,1820 Pr(jbibited .•.. Prohibited .... Prohibited. Tissues of flock silk, pure, unbleached. 1 kilog., n et... .. Nov. 16, 1860 2 00 Rfu~~~!\1YJ~~k-~iyk~ted. 171 c. lb. stuffs............................... 100 kilogs., net...... .. . . Apr. 28, 1816 840 00 840 00 843 00 Velvet ..... .. .............................. do .............. do .....•. • . ~ 00 74! c. lb . ..... . 741 .lb....... 74i c. lb. 43-J c lb. Others . ................. . ................ . do ... ........ June 30,1864 4 00 covers ........ , ....... .................... do ................. MRr. 15,1791 ~44 80 244 80 ~41' 80 35 2·5 c. lb. 21t c. lb ....... ~1i c.lb...... 22 c. lb. tapestry .................................. do ..•...••..••..••...•. do....... 361' 20 361' ~0 31'0 20 32! c.ll.L .. .. .. 32! c. lb....... 32t c. lb. hosiery ................................... do .. • • • . • . .. • .. . . . . .Apr; 21, 181& 1'20 00 1'20 00 1'23 00 63! c. lb ....... 63! c. lb ....... 64 c. lb. small L'\ce goods .................. ~ f 960 00 ~ 960 00 963 00 ribllons .......................... 5 ...... do · ....... ·- · •••• · · Apr. 28• 1816 ~ 85t c. lb . . .. 5 85t c. lb . ...... 85t c.lh. Mixed tuffs, mixed with gold or sil- ...... do ..................... do ..... .. 1,~00 00 t, 200 00 1,203 00 Mixed tiaRues and sma.lllnce goods with .. .. do ..... .. . .. . Nov. 16, 1860 12 00 ver, fine. $1.06 p. lb . .... $1.06 p. lb.--- $1.06! p. lb. gold or silver, fine. $1.06 p. lb. Mixed stuffs, mixed with gold or ail- .......................... Mar. 15,1791 Prohibited ..•. Prohibited .... Prohibited. Mixed tissues and small lace goods with . ... do . .......... . .. do ........ . 3 ~0 ver, imitt~.tion. gold or silver, middling or imitation. 31 c. lb. Mixed tapestry, mixed with thread . . .. 100 kilogs., net.... . • . • • • . .•. do ...... . 361' ~0 361' ~0 31'0 20 Mixed with silk ......•..•..••.....•.•.••........•.•....••...... do . .•.• .. . . Same duties as 32i c . .Ib ....... 321 c. lb ....... 32t c. lb. flock-silk, pure. Mixed with other textile materials, the floclr-silk predominating in weight- Ribbons, velvet........................ 1 kilog., net ......... do ........ . ~ 00 43! c. lb. others................ .. ...... Ad valorem ......... do . . .• . . . . . 10 p. c. Other. (See note.) Others ................................. 1 kilog., net ..•.. May 1,1861 3 00 26f c. lb. Finished garments. (See note.) Garments and trimmed articles . . • . • • • • • • . . . • • . • . • . • • . • . . . . . . .. • • • • • • • . • • . . Governed by the tissues predom· in at in g in weight. 3396 OONGR.ESSIONAL RECORD-HOUSE. MAY 29, This consummately protective tariff has made ~"'ranee the imperial Ofcourse, for decency's sake, th~y were obliged to go through the fonn of au ex· power she is in her republican days. By the fact that her debt is change; and this the:y did in their own way; they clid not abolish the cluty on any single article of English manufacture; thuy conteuted themselves with reducing Leld by her own people and that her constantly increasin~ exports the duties on a. certain number. In some cases they lowerCll \he 50 or 60 per cent. make other countries her debtors, sh~ is financially the muster of the a.d valorem customs duties to 30 or 15 per cent. ; in some cases th y actually sui.J. world. Nor can bullionists claim this as a triumph of their theories, stituted for total prohibition a 30 per cent. ad valOTem duty. for a large part of her currency consists of inconvertible bank-notes, 'l'hey followed a very intelligible and I believ-e a v-ery aounu principle; they ad- mitted at low rates ¥,1 rnw material!! required for manufactures, coal, iron cot. no more convertible or redeemable t han our greenbacks, except in so ton, wool, &c., with tlie i.nachinory nccesR.'\ry to turn them into m1~nufactured prod. far as the government of France, having required t.be bank to issue nets, and continued to . impose ad valortm~ duties that were actually prohibitory · inconvertible notes and made them legal tender, has the honesty to on all our mauufactured goods; they did not in one sin~le case lower their custom's receive them in payment of all dues, and thus keeps them at par with duties to a point that would allow any article of Englisn manufacture to be sold in their markets at a profit that was not already in that position. There havo always her metallic money. With irredeemable bank-notes, which have no beou a few articles we produce, and they do not, or not so cheap and so good as we other advantages than those I have suggested over our greenbacks, do; and these they must buy from us under any condition. To prohibit tliem would and which, according to the theory of our contmctionists, enhance be absurd. These continue, but they have not been aclded to in one single case. 1.he price of her productions by inflating the cun·ency, protective Now, if it was only a question of the Engfuh treaty, French manufacturers would be quite safe, and we should hear no souncl of grumbling; the advantacres FTance exported to free-trade England during the last year two hun- are all on their side; they have taken care to fix a rote of duty that excludes En· dred and thirty million dollars' worth, while free-tnule En~land, having glisb·m:mufactured goods from their market; but unfortunately the favored.nation impaired her productive power by accep.ting the pln.ustble fallacies clause admits into France Belgian, Pr~IRsian , Austrian, and Swiss articles of man. ufa-cture at the same ad valoum duty that is imposed on British goods of the same of the Manchester school of economists, could send her but $65,000,000 kind; the duty thnt is Sllfficient to excluue in the latter case is not sufficient in the in part payment t-herefor. England, under free trade, has ceased to be former: aml consequently many French industrie3 find themselves galled by for· the workshop of the world. Protective France raises beets and con- eign·m.'mufa-cturecl produce admitted under the wing of the Enalish treaty but verts them into sugar for the people of England; France makes t.he having nothing to do with English industries. .. ' The French wore merely throwing dirt in om eyes when they reduced their ad silks and laces that clothe her women and the exquisite wall-pnper, valorem unties from 50 or 30 to 15 per cent. on articles that woultl be equally a.'.l well tapestry, and 1J.ijmderie that adorn the salons of her upper cla~1)es. The proltibited by an ad valore11\ duty of 5 l'er cent., or in ohanginrr total prohibition great" workshop of the world" adopted free trade and cbalJenged the for a 30 per cent. ad valorem duty on arboles that could not be so'ld at a profit even world to competition, and the world is beating lHn' in her own m:lrts. if admitted without any duty at all; yet this is actually what was done ! ' Of the forty.throo nrticles on which tho French rccluc(){l their· tariff fL·om tot.'ll DiStant Japan finds profit in sending her bricks, Norway makes her prohibition, or from 50 or 60 per cent. ad valorerll to 30 or 15 per oont. ad ·v alorem doors and S3,shes and "the frames of both, Belgium and Germany com- there are not five aft!.cles of En:;:Y.sh manufacture that w. oultl not be excluded by~ pete in Loudon, Liverpool, and even Sheffield in eve1·y form of heavy ad vu.lorem duty of 5 per cent. .Never, I believe, since the world was maLle has socl1 iron and steel goods, while we find a steadily growing market in a ridiculous fiasco of what is callorl 'I commercial treaty becu ue:rotia.ted. To call that n.. trea_tv whe.re one sitlo gi\res everything, the other nothiug, is absurd; call it those cities for our a.xes, sa,vs, pitchforks, and an increasing variety a cess1on, iL you hke, not a tre.'l.ty. • of implements. Meanwhile, those of her discontented working-peo- When one con Riders its ori~oinnl conditions aml examines its results, it is woncler· ple who have the means flee to distant lands in the hope of finding ful its authors had the fnoo to propose it ancl tha.t the country should have eut~r· steady and fair wn,ges; and the only article in the whole extended t.ainecriptions, on which most of Gmpes. the labor remained to be dono in France; 12 per cent. only were fully-manufactured Hats, of whatever substance. articles, a very largo proportion of which consisted in the machinery of all kinds Handkerchiefs, and other manufactures not enumerated. required to manufacture the raw and half-raw materials we supplied them with. Jewelry, set. Our manufactured goods paid duties from 27i per cent. on glass and potteries to 20 Lucifers of every description. per cent. on cutlery; 13 per cent. on cotton to 7!- per cent. on metal work. Leather manufactures. Of our import-s from France 16 percent. were raw materials, all home produce con- Lace manufactured of cotton, worsted, silk, or linen. sisting chiefly of brandy, wines, oil, corn, &c., true produce of the-soil, annual and Manufactures of iron and steeL inexhaustible, ami on which a YMt amount of labor had been employed; 31 per Machinery and mechanical instruments. cont. were half-raw materials; and 52! p er cent. were fully manufactured articles, Millinery and artificial flowers. on which all the labor was employed in France and all of which were admitted duty Manufactures of caoutchouc and gutta..peroha. free in England. Musical instruments. It is thus a fact that 88 per cent. of the articles exported from England to France Manufactures of lead. in 1865 consisted of foroi~'ll and colonial raw produce, on which no labor had been Oils. expended in thiR country, anatious that 7. China and porcelain ware. are indirectly protected by activo manufacturing operations. The loss to the com- 8. Cotton manufactures, cotton yarns. munity of allowing our capital to be diverted from home to foreign industries is 9. Cloth list. complete, and if carried far enough, would become fatal to the a{}tual existence of 10. Cutlery. the whole country; but~ il'.deed, as a rule, the consumer does not really benefit to 11. Extracts of dye-woods. the extent of 7 per cent. on the value of foreign manufactures, or anything like it; 12. Garancine. 1 or 2 per cent. or less will always diYert orders in any article of consumption. 13. CrystaL We have assumed the foreigners have from 5 to 12! per cent., say 7, in hand; but 14. Glass mirrors and plate. they do not give it all to the consumer ; on the contrary, they only give just so much 15. Horse-hair manufactures. as will secure them the preference over the home producer in the market ; 1 per 16. Hosiery. oont. or 2 may be sufficient for this; if the English producer drops his price 1 or 2 17. Haberdashery. per cent. to meet them, they drop theirs to secure orders; but they do ·not sell 18. Iron forged in lumps or prism. cheaJ?Cr than they are obliged to, or give away a greater portion of their 7 per cent. 19. Manufacture of hair. than 18 absolutely necessary. In manufactured articles of equal qualit-y t per cent. 20. Manufacture of waste and floss silk. will often turn an order, especially in large trans!Wtions; and if a foreign article of 21. Manufa~ture of silk and other kinds. equal value is o.tl'ered at only i per cent. cheaper than the English article, it will get 22. Manufacture of tla:x and hemp. the preference. It does not at all follow that,,Pecause the foreign manufacturer 23. Mixed manulactures of every description. can affori to take 7 per cent. less than the English manufacturer, therefore he 24. Manufactures of caoutchouc and gutt&-percha. does so; he takes off as little as he can, but the l'ristence of this difference in price 25. Metal wares. gives him the constant whip-hand of the English manufacturer, and enables him 26. Machinery, mechanical instruments. always to undersell him. Of course it will be replied to this that if foreign goods 27. Pig and cast iron. were prohibited the English manufacturer might raise his price to what he liked ; 21:!. Plated articles. but prohibition is folly; nobody now talks of prohibition ; all that is ever asked is 29. Prepared skins. a. duty that will put the British and foreign manufacturers and operatives on a 30. Refined sugar. level, and take away from the English consumer the constant inducement to pur· 3l. Rock-crystiiJ. bottles. chaae foreign manufactures instead of his own. From 7 to 12 per cent. ad val01·e1n 32. Stoneware and earthenware. would do thls. The English producer would thus get his fair share of the home con- 33. Silk manufactures. sumption, but he woulrl be prevented making any oppressive use of protection to 34. Ships and boats. impose too much on the consumer. 35. Tumeric in powder. It is using the a rum causa pro causa form of argument, giving the wrong reason a6. Worsted and woolen yams, for the rightone, to attribute to the French treaty our increased trade with France ; 37. Worsted and woolen manufactures. it is simpl.y part of the cosmopolitan increase of trade, the general distribution of 38. Yarns of flax and hemp. wealth and science, that ha-s extended-commerce in every direction, spite of free 39. Yarns of hair. trade or protection. 'Ve should have sold just as much to France if we had retain ed Now there are not five articles among all these that an ad valorem duty of 30 or our customs duties on their goods as we have done by removing them ; they would ~5 per cent. does not exclude entirely or tax at a sum that leaves no profit to the still have bought from us all we produced oheaper or better than they coulcl, or 1mporter. .A great many of these articles are also specialties of the French that what they coufd not produce at all; but their manufactured goods would not have they can alwa.ys produce cheaper and better than we can. Is it not rather lau..,h- replaeed ours to the extent they have done if they had been weighted with an ad ing at O?-r bea~s to adm.it English brandies, silk, glass, crystal, mirrors, plate- valoren~dutyof 15per cent. glass, china, carnages, cabinet- ware, refined sugar, at an ad valorem duty of 15 per The French treaty has stimulated no new industry in England, but it has ruined r-ent. when they are actually produced as cheap or cheaper in France than in En- many; no manufactured goods whatever are admitted into France that we did not glancl. Bu~ although the governm~nt of France took good care not to allow free sell equally well before the treaty, and we should sell just as mur-h if it wa,s a.bol- _ entry to a smgle manufactured article that could in any degree injure any of her isbec:l to-morrow. Sipce 1~7 we have increased our exports to Greece, China, 3398 CONGR.ESSIONAL RECORD- HOUSE. MAY 29, Egypt, Hanse Towns, Turkey, British India, Denmark, Prussia, Belgium, in a larger the French treaty especially, was to increase the area of our cotton sales. Every relative degree, without the assistance of any commercial treaty, than we have to other industr;r., every other interest, was considered below notice when compared France with one. Holland is the only country of any importance in Europe that with cotton ; if smaller industries suffered or were ruined, so much the worse for has not increased her import trade with us to a greater extent than France. This them, cotton at any rate must profit! The idea was to stimulate the gTeat indn;;try pattioular treaty, therefore, instead of stimulating the export of our manufactured at any cost. The French treaty was the most selfish piece of commercial legisla- prOer seen ; it was originated by cotton men, negotiated by Public men have stated in addressing the working clas es that our exports of cotton men, actuated solely by cotton interests, and with the most supreme indif- cotton to France alone exceeded thirteen millions per annum ; and they have asked f renee for any other manufacturing interest except cotton. them what they woultl have done but for this market for such a ~e portion of It was saitl foreign competition in our home market would stimulate our cotton thcir produce; but they knew perfectly well that nine-tenth of this cotton ex· industries, put into them more energy, more compet.ition, more capital. No doubt portell to France was either in the :raw state. merely pas. ing through the r.ountry, universal free trade or reciprocal free trade would ha.Ye done this and more ; but or cotton in a half-manufactured state. Misrepresentation" of the comparnti>e partial free trade, merely proclaiming England a free port. bas bad the very op- competing powers of ourselve and foreigners are cru el deceit to practice on the posite effect. The perfectly free admis ion of foreign manufactures into Enrr"land, ignorance of the operative class, and they have a perfect right to, and in all prob- without any reciprocity of return, has depres ed and disheartened both manufact- ability will some day, resent them. The quantity of manufactured cotton exported urers and operatives, has paralyzed many of the industri of the country, and to France is very small, and is decreasing every year; in 1868 it was 30 per cent. ha.~ driven capital into other channels. it is success, confidence, security, that le s than in 1866 , and in 1869 it is lower still. To say that the increase of our ex- brings C3pital, ener/!y, enterprise, pro~ess, into an:y business. There is no want of ports to France is owing to the commercial treaty is not true; to say that our in- these elements when a trade is ,!!Ooll, out when it 18 · depre sed the most opposite creased imports from Fiance is the result of tho commercial treaty ~ true. results will be immediately visible. When the silk manufacturers complain their The French treaty was ne~otiated in suoh a sliy,shod manner, so entirely with a trade is ruined, conscientious free-traders tell them they ought to improve and view to French inte1·ests, ana with such an abso ute indifterenc to every British cheapen their make; with a prosperous and increasing trade tlley might do so, with interest, except cotton, t.h at a cm·eful sampling of. the products of France and En- a bad and losing one it is impossible. To ruin a trade, and then lu-ge it to improve, gland, and comparison of prices was never properly made; we actually knew is rather like rolJbing a man of his purse and then askin_g him to pay for your es of their work in favor of French operatives, or to sacrifice their interests to tho e of the wealthy not suspect him of it . [Laughter.] I ha,ve too much faith in his classes in Fngland, but they have done so most- completely and entirely. The patriotism and good sense to lay that charge at his door. There is 110 French treaty :&as added immensely to the comfort and lnxnry of the wealthy classes, one of us that has not introduced a bill to obli~e a friend or gratify and has enrichey what.new code is it considerecljust to ruin one ication and extinction of the production of drn(J"s, chemicals, colors, industry on the chance of advancing another 1 and paints in t ltis country. Under its provisions not a chemical es- The direct object of all the free-trade legisl2,tion we baveseen in Englli.nd, and of tablishment that makes anything else than sulphUTic or nitric acid- . 1876. CONGRESSIONAL R.ECORD-HOUSE. 3399 articles protected by their dang~rous character, which prevents bring- them while potting on the free list, as the original bill proposed, orseri- ing them across the sea-or a manufactory of colors and paints coufd ously reducing as the bill of the committee proposes, the duty on so be maintained six months, for it proposed to put all such articles on complicated and delicate a manufacture as quinine, in the production the free. list; and I may add that but few of them could continue in of every ounce of which fifteen cents of spirit tax is wasted, and put- operation under the provisions of the bill reported by the committee. ting on the free list tannin and santonine, which contribute almost as The adoption of eitherwould be utterly destructive to the interests largely as quinine to the spiTit tax. The duty on tannin is now t of the great mass of my constituents. Mine is pre-eminently a manu- and on santonine $3 per pound. There are other such glaring incon- facturing district, iu which there are in operation, I apprehend, more sistencies. It gives to nitra-te of lead a duty of 2' cents a pound, but steam-engines than in any other congressional district in the country. puts acetate of lead, brown and white, an article more important, One thriving village, Manayunk, is dependent upon the manufacture though belonging to the same class of chemicals, on the free list. It of cotton a.nd woolen goods and papf'r pulp; another, the Fa1ls of puts citric acid, from which we received more than $.'3,000 duty last Schuylkill, as prosperous as any town of its size in the country, de- year, on the free list, and retains upon lemon-juice, from which it is pends on woolen manufactures and one branch of t.he chemical wot:ks manufactured, a duty of 10 per cent., thus repealing the duty, while of Powers & Weightman. The proprietors of the woolen mills tell me surrendering our market to foreign producers. that UJJder the provisions of the committee's bill they would have to In many instances it puts the same article, under different names, reduce the wages they pay, and the num her of their bands at least one- on both.tbe dutiable a,nd free list; thus acetate of potash is to bear half; and, apart from personal assurances to that effect, my knowledge a duty of 12-t cents a pound, but potassa acetate, which is identically of the cost of production and the market prices of the commodities the same article, is on the free list. Prussian blue, when so called, they produce satisfies me that the chemical works must close the day is to be judiciously protected, but, when imported as Berlin blue, or the bill might become a law. fig-blue, or Chinese blue, it is to come in free. In order to illustrate the effect the closing of this one establishment But t~e crowning absurdity of the committee's bill I think is in its would have, gentlemen will permit me to say that it employs one hun- last proviso, which is as follows: dred anc:t nine men who are the heads of families, · and twenty who, Pnwided, That alcohol, to be exclusively used for the manufacture of ethers, though not married, receive the same pay; that the lowest wages obloroformR, and the vegetable alkaloids, made free of duty by this act, may be ·paid per day to any one iR $1.7f>; that t-he amount of wages paid an- witbtlrawn from bonu free of the specific internal-revenue tax per gallon, in quan- nually exceeds $85,000. The number of dwellings belonging to the tities not exceeding one thousand gallons at any one time, under such rules, regu ations, and bonds as the Secretary of the Treasury shall pre cribe. firm occupied by att?.ches of the establishment is fifty-nine, the rent rangin~ from $5 to a month. It is tho immemorial custom of t.his To how many varieties of chloroform is this proviso to ~1pply firm wnen renting a house to one of its employes to agree with him How many of them are there T Chemistry has yet discovered but that while he remains in their service the rent shaH not be raised; one; yet this proviso is to admit a whole family of them. Ethers, consequently men who a quarter of a cen1.ury ago entered these homes too, if on the free list, are to have the benefit of this proviso, but at $5 a month are paying but that rent now, when other houses of the gentlemen will in vain searc_h the free list to find that it contains same materials and dimensions are bringing their owners 20 a month. any one of them. They will, however, find them in the dutiable The construction of homes for their working-people was necessary list, at greatly reduced and ihsufficient rates of duty. So, too, of at the time the f'Stablishment was organized, for iii was to create a vegetable alkaloids; they are in terms to have the benefit of this village w llere no homes existed. Then urn ber of po11nds of goods man- provision; but unless s:tntonine be an alkaloid, which a competent ufactured per annum on an average of five yea-rs by this est'l.blish- chemist a~sures me it is not, no one will have the benefit of this ment is 17,562.~37, and the total value for each year of the products proviso. Ethers and vegetable alkaloids were all restored to the bas been $771,971, and their annual consUDJ}ltion of crude mat.erial dutiable list by the committee, apparently upon a general motion 24,846,000 pounds; yet every one of its productions are trans£• rred by like this: "0, let us settle the controversy by putting them back tho committee's bill from the dutiable to the free list, Ly which change at half their present rate of duty." I infer this from the fact that the e prosperous homes woulrl be abandoned, if not dismantled, and t.he so many of them are to bear precisely half the existing rate ; that workmen and their families added to the list of the suffering unem- is to say, enough of the duty is to be taken off to prevent their ployed in order that our imports of articles yielding no revenue may production without free alcohol, and enough left on to keep them increase and new demands be made upon us for gold with which to out of the benefit of this proviso. Thus it will be seen that where settle commercial balances. our industry may be damaged by taking an article from the free The firm referred to have another establishment for the production list and putting it under a heavy duty, as in the case of tin and tin of quinine, morphia, tartars, and many ot ber forms of drugs and chem- plates, the bill proposes the change; where it can be dama(J'ed by icals requiring t·he most scientific manipulation, and under the orig- transferring an article from the dutiable list at an adequate duty to inal bill it could not have been maintained, and should the bill of the the free list, it is put there; and where destruction may be as thor- committee be adopted, it will have to abandon t.he production of many oughly accomplished by giving it an inadequate duty, a show of fair- of the articles with which it, now in part supplies the country. ness is made by taking that means of accomplishing the end. _ I have said that tlw committee's bill is a m~sh-work of incongrui- Much other such unwise and indiscriminate legislation a-s I have in- ties, and I add that many of these are grotesque in their absurdity. dicated mars the bill; thus all acids and acetates have been trans- :Many duties imposed by the tariff are for the protection of that part ferred by wholesale to the free list, apparently because they are acids of the revenue deri ves in our country out of alcohol taxed action Congress may take upon it till we shall have disposed of it 1 a~ we tax it, whill" foreign manufacturers have it free, would be simply and thio ou~ht to be done with the least possible delay. But time impossible, ~d the chemical establishments of Philadelphia alone and the patience of the committee will not permit me to point o~1t pay about 200,000 tax on alcohol annually. The free list provided by half the crudities and incongruities embodied in the bill, and I must t.his bill is also to embrace many articles made of imported in~redients therefore beg gentlemen to scrutinize ita provisions for themselves. which pay duty. }'rancegiveshermanufacturers free raw material and In conclusion, permit me to renew the expression of my conviction increases her duties as the manufacture is advanced by labor; but this that my friend the chairman of the Committee of Ways and Means, bill proposes to impose duties on the ingredients which enter into com- with his generous nature and ardent patriotism, could not have been mollities and to permit the finished article to come in duty free, thus the author of a mea~nre t.hat thus strikes at the only property of the reversing all experience and S(\tting at defiance all theory. It re- laboring-man, his right to adequate wages for willing work at tho ta.ins on the dutiable list the simplest natural productions and puts capital invested in manufactures in every part of the country, and at on the free list some and fatally reduces the duties on other manu- the already-diminishing revenues of the Government. factured articles which require the most scientific manipulation and Mr. CHITTENDEN. Mr. Chairman, it being generally concedP-d consume ta-xed and dutiable commoditieR at~ material for their pro- that there can be no change in the tariff at this sesRion of Congress, duction. Thus sumach, a weed found il;l profusion in the forests of I have no "desire to detain the committee except for a very brief pe- most of the States of the Union, which is gathered by women and riod. I have nothing like an elaborate speech to make. I have no children, is to be protected by a duty of 10 per cent., and emery-ore musty records of free t.rade and protection to read, no ponderous ta.- by a duty of $3 per ton. I do not complain of t.bese duties, but sup- bles to print, no personal aims or theories to support. If what I port them. What I protest against is the absurdity of maintaining ma.y c:Q~nc~ to sal 4~ ~y interest or value to the conntrv or to 3400 CONGRESSIONAL RECOR_D -HOUSE. MAY 29, members of this House it will be because my utterances are ba.sed provide, first, for the imposition of a tax on te::~. and coffee in the pre- npon thirty years' experience of an honest business, from the ntin of cise figures proposed by the chairman of the Committee of Ways and which I had the good fortune to escape nearly two years ago with- Means. For tho ret, in one comprehensive sentence, it should pro- out. any discredit. vide that all other taxes upon dutiable goods should be reduced, as a Every gentleman within the sound of my voice who understands temporary measure, t-o tide us over till next session of Congress and the true condition of the country will admit that it is hanlly an ex- past the presidential election, 12i or 15 per cent. Such a measur aggeration to say that the commerce of the whole country, especially would work no fresh injustice relatively to any interest. It would the foreign commerce, is in ruins; ruins of broader proportion than produce instantly a basis and foundation for reconstructing the shat- the gentlemen who have preceded me dream of; n1ins which cannot tered ·c ommerce of the country. It would inspire men with hope, and be restored by partial legislation ; ruins which are shaken to their be accepted by the country as the promise of a thorough and careful very foundations, and the causes of which must b.e removed in order revision of the tariff at the earliest moment. .And who shall mea ure that the supreme energy of our people may a ert 1ts power to restore the importance of such precious influences at this juncture t and rebuHd. Mr. Chairman, I bad no thought of saying one word here to-day. What, then, are the influences which ha.ve crushed and which op- I intended to colilpact into a very few lines what I wished to say on press us T Primarily, aa every intelligent man knows, we suffer in this subject, and began to do it this morning, and the paper in flout sympathy with other nations having commercial relations with us of me was the beginning of it. But I have been left to my good or from the ravages of the great wars which have ragedinourownand bad fortune and inexperince in such a ca-se as this. If I am under- other lands for the last twenty years. But this is no longer an active st-ood I am satisfied. power ; and the dl.bris of it should be no match for our boundless re- The point I make is that unless the foreign commerce of this sources and intrepidity. We have to look deeper; and when welook country is to be virtually extinguished, something must be done with deeper we fiml that we are oppressed and chained by the legal-tender the tariff. .And I say without the least hesitation that if it were in- madness and by a prohibitory tariff. Yes, sir, a prohibitory tariff. flicted upon us by any foreign power, with all its pre ent vicious The gentleman from Pennsylvania [Mr. KELLEY] argues in favor of complications, it would be resisted by the American people as the a prohibitory tariff, and cites France. It is enough to say in answer colonies resisted the infamous exactions of King George III. There to that that a prohibitory tariff is not consistent with the genius of is no qualification of it as the most tyrannous and destructive tariff our free institutions, or the intelligent free spirit of our people. that the world has ever witnessed. Eleven full years after the war Gentlemen speak as if it were possible for the foreign trade of this many of our taxes are at the very highest wur rates; and i there an country to exist, a.nd even revive some time or other, under the exist- intelligent man who cannot see the absurdity, the criminal absurdity, ing tariff; but it is not possible. · Continue the present tariff and you of such a spectacle t And what will be the seq nel T Bankrupt mer- will, in my judgment, wipe out and virtually extinguish the forei~ chants and a bankrupt Treasury ! trade of the country, and you will do it more rapidly in the imme oruer of land office that be or abo bas, in ~ood faith, before the dat~ last aforesaid, paid said the House, had had under consideration the Union generally and par- railroacl companies, or either of them, tbe con;;ideration monry, or a portion thereof, and also that be or she has. in go()!l faith. made las tin~ ann valuable impro•ements ticnlarly the bill (H. R. No. 748) to apply the proceeds of sales of pub- thereon, shall he, and hereby is declared to be, entitlotl to purchase said lan1ls, not lic lands to the education of tbe people, and had come to no resolu- exceeding one hundred ann sixty acres, to include his or her improvements, on the tion thereon. same terms and conditions that actual settlers aro autborizocl b.v this act to Jmr- cbase said lancls; that theri~bts of the said purchasers from said railroad companies PATENT SUITS IN COURT OF CLAIMS. suall attach at the date of tne payment afore aid macle to said railroads, or either of The SPEAKER pro tempore, by unanimous consent, laid before the them: Provided, That the said 1mprovements are mac lo before the date last aforesaid: And providedf"rth.e:r, That said claimant actually resides on tho lantl at tho time of House a letter from the Secretary of War, transmitting reports of the completing Chief of Ordnance on the bill (H. R. No. 3481) extending the jurisdic- the heirs ofhianyordeceasedher entrv tbenlOf at the proper land office: Provided further, That purchaser from said railroacls ·shall have the &~>rue right tion of the Court of Claims; which was referred to the Committee on to pnrchase tho said lands so purchased from the said railroads as the originaJ pur- Patents. . chaser would have had ball ho lived. The SPEA,KER pro tempore also laid before the House a letter from actSEc. 3. That the parties desiring to make entries under the proviaions of this who will, within twol>e months after the passage of the same, make papnent the Secretary of the Interior in reference to the bill (H. R. No. 3481) at the rate of 1.40per aero for the landclaimecl bysairl purchaser under such niles for the extension of the jurisdiction of the Court of Claims, together and regulations as tbe Commissioner of the General Lanrl Office may prPscribe. as with accompanying papers; which were referred to the Committee on follows, that is to :;a.y: said purchaser shall pay for the land he or she is entillell Patents, and ordered to be printed. to purchas~ one-fourth of t-he price of the la.nd at the time the entry i:~ made, aml the remainder in three annual payments dra.wmg interest at tho rate of 5 per cont. SETTLEMENT OF RAILROAD ACCOUNTS. per aunnm, which paymen~ shall be seemed hynotes of saill pnrchaset·, payable to the United States; and the Secreta.r.v of tho Intnior shall withhold title until tlie The SPEAKER pro ternpore allio laiu uefore the Honse a letter from last yayment i8 mado; and tho Secretary of the Interior ball cause patents to issue the Secretary of \Var, transmitting the report of the Judge-Advocate to al parties who shall complete their purchases under tho lH'O>i.::lion of this act; General upon the draught of a bill for the settlement of t-he accounts and if any claimant fails to complete his or her entry at theproperlantl office within of certain railroads; which was referred to the Committee on the land twelve months from the passage of this act, he or she shall forfeit all rip:ht to the by him or her so claimed, except in cases where the land .is in conte t: Pro- Judiciary. vided further, That nothing in this act shall be construed to prevent any vut"Chaser PORTABLE CANVAS-BOAT. of said land from making payment at any time of the whole or any pvrtwn of t.he The SPEAKER p1·o ten1,pore also laid before the House a letter from pnrchase-money. SEc. 4. That the laws of the United States in relation to the pre-emption of town the Secretary of War, transmitting copies of letters in the Quarter- sites shall apply to the tract of land first above descrilJed, except th;~t the declar- master-General's Office in relation to a canvas portable boat, pat- atory statement prontled by existing laws in such cases shall l.Je filecl with the ented by Colonel Buchanan, of the United States Army; which was reg_ister of the proper land office within sb..--ty days after the pas age of this act, referred to the Committee on Milita1·y Affairs. ana tho occupants of town sites shall not be allowed to pnrcha o more t.han three hundred anay. Committee on the Judiciary. SEC. 5. That all entries heretofore made of any of aid land , and set aside or Mr. LAWRENCE. I move that these papers just referred be canceled by the Secretary of tho Interior, on the ~olmd that the said railroads had printed; I want to see how much bad law there is in them. a. prior grant of said lands, be restored by the srud Secretary of the Interior upon the payment by each purchaser to the receiver of the proper land office, the sum of Mr. RANDALL. Let the questjon of printing be determined by the fifteen cents per acre in addition to the sum heretofore paid, to cover in part the Committee on the Judiciary. expense incnrred in litigating the title to saiu land set np by said railroads. Mr. GARFIELD. It is not a very large document. SEc. 6. That all declaratory statements made by persons desiring to pnrchase any The motion to print was agreed to. portion of said land under the pro,Tisions of this act shall be filetl with the register of the proper land oftice within sixty days after tho passage of tho same : Provided, Mr. KASSON. These papers are not to be brought back on a mo- howev~r, That those who may settle on sai a.ncl expenses as aforesaid, the At- torney-General shall certify the said amount, and to whom due, to the Secretary of the Interior, and the Secretary of the Interior shall pay to the parties entitled WEDNESDAY, May 31,1876. thereto the sum so allowed and certified to. as afo, esaid, out of the proceeds arising from fifteen cents per acre on the sale of said lamls. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. SEc. 9. That ~d railroads, or either of them, shall have the right to purchase The Journal of the proceedings of Monday la twas read and ap- such subdivisions of land as are located outside of the right of way heretofore proved. granted to them, and which were occupie~.l by them on said lOth day of April, hs76, for stock-yards, storage-houses, or any other purpose legitimately connected with EXECUTIVE COMl\fUNICATIONS. the operation and busine s of said roads, wheneYer the same does not conflict with The PRESIDENT pro ternpo're lairl before the Senate a communica- a settler who in good faith made a settlement prior to the occupation of said lands tion from the Secretary of War, transmitting a copy of a letter from by said railroad company or companies in tho same manner and at the same price settlers are authorized to purchase under the proYisions of this act. the Quari ermaster-General relative to the loan of t-e nts to tho National The question was taken on the motion of Mr. GOODIN; and (two- Association of Veterans of the Mexican ·war; which was ordered to thirds voting in favor thereof) the rules were suspended, and the bill lie on the table and be printed. (H. R. No. 3ti:J5) was passed. The PRESIDENT pro tempm·e also laid before the Senate a commu- nication from the Secretary of War, transmitting, in answer to a LEAVE TO PRINT. resolution of the Senate of the 19th inst:mt,, a copy of the report Mr. HOPKINS, by un:mimous consent, obtained leave to have made to the Superintendent of the Coa t Survey by Assistant George printed as pal't of the debates remarks on railroad combinations and Davidson, describing and illustrating methods employed for the irri- discriminations. [See Appendix.] gation of land in India and Southern Europe; which was ordered to ORDER OF BUSINESS. lie on the table and be printed. Mr. PIPER. I am instructed by the Committee on Commerce to TAXATION IN THE DISTRICT OF COLID1BIA. report back a sub t.itnte for a concurrent resolution. I move that the The PRESIDENT pro tempore also laid before the Senate the follow- rnles be suspended and that it be adopted. · ing communication; which was read: Mr. HOLMAN. I move that the Honse do now adjourn. OFFICE OF THE COMIDSSIOli'ERS OF THE DISTRICT OF COLUMBIA, Mr. PAGE. I make the point of order that the gentleman from Washington, Mu.y 29, 1876. Indiana, [1\111·. HoLMAN] did not make his motion until ~Lfter my col- Sm: We have the honor to request that the attention of the Senate may b called league [l'tlr. PIPER] bad been recognized. to the necessity of leP,slation providing for a jn t mea ure of taxation upou prop- Mr. HOLMAN. I submit that a motion to adjourn is now in order. erty within the District of Columbia, an to make that motion. this communication) to the time when the tax becamo payable too short a period intervened for the efficient exer.ution of the provi ion of the law with reference to 1\!r. BURCHARD, of illinois. Have we not the right to hear read tho makin$ of assessment and of returns and the preparation of the profer books a resolution presented under a suspension of the rule!:! before the ques- and recoras. Since the assessment on which the tax for tho present fisca year was tion is put on adjournment~ made, taxable real e tate of the Disbict has, it is estimated, been incnm.sed by up- Mr. RANDALL. I call for the regnlar order. ward of $3,000,000 by buildings which have been begnn, constructed, or complt:Jted during the past year. In orcler that such property mn.y bear its fair proportion of The SPEAKER pro tempore. The question is on the motion of the the bmden of t:na.tion for the new fiscal year soon to begin, prompt legislation is gentleman from Indiana that the House adjourn. absolutely needed. The motion was agreed t,o; and accordingly (at five o'clock and Furthermore, the pre~ent fii!cal year will close in le s than five weeks, and rev- twenty minutes p.m.) the House adjourned until Wednesday next. enue& must be providetl for the support of tho govermnont during tho fiscal year which will so soon begin. The importtmce of having a woll-tlevised t.ax law, giving ample time within which it may be carefully execnteo, can.n ot b too strongly urged upon the attention of the Senate. The suh.ject is now before that branch of the PETITIONS, ETC. national Legislature for consideration, a. bill having passed the House of !Wpre- sent.atives several weeks ago. The following memorials, petitions, and other pa,pers were pre- In our jud~ent, it is expedient that the legislation upon this subject at the pres- sented at the Clerk's desk under the mle, and referred as st.ated: ent session of Congre s shall t.'lke tbe form of a permanent law imposin~ a just By Mr. ATKINS: The petition of E. St. Julien Cox, for re-imburse- measnro of taxation within the District and pTescribing the tax which shall here- after be annually levied upon taxable property. In the absence of such a law the ment for expenses incurred in the contested-election ca e of Cox t's. property interests of the District are injured by tbe uncertainty both as to the Strait, second congre ional district of Minnesota, to the Committee measure of taxes and as to the property which is to be subject to taxation. The of Elections. whole system is liable to change in each sucl'eeding year. At the l!ame time, by a By Mr. CUTLER: The petition of insurance companies represent- permanent law upon the subject, Congress will be reliev d from the labor of matnr- mg every year a. measure for taxing Di trict property. There will be avoided al o jug 104,000,000 of capital, for a change of the postal rates on all the the injustice and inconvenieMe wlrich to some extent mu t alway re nit when a. varions partly printed documents used by iusurance companies to law upon such a subject is delayed or is hastily pr pared or executed. We trust, conform to the rate· charged on third-class mail matter, to the Com- therefore, that it mar be practicable for the Senato at an early day t.o give its atten- mittee on the Po t-Office and Post-Roads. tion to legislation impo ing permanently an equitable mea ure of taxation on prop- erty in ilie District, indicating the property that is to be taxed and prescribing the By l\fr. HARDENBERGH: The petition of citizens of Washington molle of assessment and collection of taxes. City, District of Columbia, to the commissioners of the District of Very resnectfnlly, Columbia, that a sum be appropriated to be used in celebrating the W. DENNISON, J. H. KETCHAM, 4th day of Jnly, 1876, to the Committee for the District of Columbia. S. L. P liELPS, By Mr. HARTZELL: The petition of Hugh w·orthington, of Me- Commissioners of the District of Oolumbia. t.ropolis, illinois, for a rehearing of his case di: a,Jlowed by the south- Hon. T. W. FERRY, ern claims commission, to the Committee on War Claims. President of the Senate. By .Mr. HOLMAN: The petition of Isham Wehb, a soldier of the Mr. SPENCER. I desire to say that the Committee on the District war of 1812, for a pension, to the Committee on Revolutionary Pen- of Columbia have been tor the last three weeks considering a tax bill sions. for the District. They have not up to the pre ent time perfected it, By Mr. HYMAN: A paper relating to the establishment of a post- but have been working as industriously as their other duties would routefrom Weldon to Ringwood viaAurelina. and Brinklcyville, North permit, and in due time the committee will be able to report the bill Carolina, to the Committee on the Post-Office and Post-Road . to the Senate. I move that the communication from the commis- By Mr. .McDILL: The petition of Stewart Brothers and 17 other sioners which has just been read be printed and referred to the Com- business firms of Council Bluffs, Iowa, that the law re~ulating the mittee on the District of Columbia. manner of packing tobacco remain unchanged, to the Committee of The motion was agreed to. Ways and Means. By Mr. SEELYE: The petition of the eastern band of North Caro- PETITIONS AND MEMORIALS. lina Cherokee Indians, for enforcement of treaties of 1835, 1836, 1846, Mr. WEST presented a memorial of the Chamber of Commerce of and 1866, for re-jmbursement of funds misappropriated and for a New Orleans, remonstrating against the adoption of the treaty with final settlement, to the Committee on Indi:m Affairs. the Hawaiian Islands; which was referred to t.he Committee on For- By Mr. SCALES: The petition of Jesse Benbow, in behalf of the eign Relations. heirs of Thomas White, relative to the title to the land upon which He also presented the petition of Mrs. Gottlieb Neidhordt, of Lou- is situated Fort Macon, North Carolina, to the Committee on the Ju- isiana, praying for compensation for damages sustained by the occu- diciarv. pation of her property by the Federal forces, and the destruction of By ~fr. WALLING: Memorial of Coleman Cole, principal chief of the the same, during the late war; which was referred to the Committee Choctaw Nation, in regard to the payment of Government annuities, on Claims. to the Committee on Indian Affairs. Mr. SPENCER presented the memorial of the officers and a commit- Also, memorial of the Farmers u.nd .Mechanics' Savings Bank of tee of the Medical Society of the District of Columbia, remonstrating Minneapolis, Minnesota, for an amendment of the law taxing deposits against the passage of the bill (S. No. 593) to incorporate the National in savings-banks, to the Committee on Banking and Currency. Surgical Institute of the District of Columbia; which was referred to By Mr. WHITTHORNE: Memoci.al of A. Watson and others1 re- the Committee on the District of Columbia. latin~ to tbe conduct of the Signal Service Bureau, to the Coillilllttee .Mr. HAMLIN presented the memorial of J. D. Hopkins and other on Military Affairs. merchante and lawyers of Ellswc;>rth1 in tile ~ta~9 Qf :rdaine? remon- 1876. CONGRESSIONAL RECORD-SENATE. 340:3 strating against the repeal of the bankrupt law, and praying for REPORtS OF COMMI'ITEES. its modrfication; which was referred to the Committee on the Judi- Mr. WRIGHT, from the Committee on Claims, to whom was referred ciary. the bill (H. R. No. 1592) to re-imburse Horace Glover for property un- Mr. 'PATTERSON presented the memorial of the city councils of lawfully seized and sold hy the United States Government, reported Port Royal and Beaufort, South Carolina, relating to the establish- it with an amendment.. ment of a naval station at Port Royal; which was referred to the He also, from the same committee, to whom was referred t.b e peti- Committee on AppropriationR, and ordered to be printed. tion of Dr. Moody Mansur, praying compensation for services rendered Mr. WRIGHT. A few mornings since the Senator from Illinois as a surgeon in the United States Army during the Florida war, sub- [Mr. OGLESBY] presented two petitions from citizens of the State of mitted an adverse report thereon; which was agreed to, and ordered Iowa praying that power be given to t.he Federal courts to grant a to be printed. general injllilction restraining all persons from mining or any other He also, from the same committee, to whom was referred the bill operation whatever or any cultivation of the soil so as to interfere (S. No. 715) for the relief of Samuel H. Canfield, postmas~r at Sey- with the rights of actual settlers upon what are known as Des Moines mour, Connecticut, reported it with amendments, and submitted a. River lands in Iowa. I hold in my hand two similar petitions. The report tbere~m; which was ordered to be printed. petitions heretofore presented were referred t,o the Committee on the He also, from the same committee, to whom was referred the peti- Judiciary, as I remember, and I mave that the petitions which I now tion of Mrs. Angela Dauzat, wife of Eugene Brocbard, praying com- pre ent take the same reference. pensation for thirty-five bales of cotton taken by the Federal fleet The motion was agreed to. un<:ler command of Rear-Admiral Porter, at Fort De Russey, on tho Mr. CAMERON, of Wisconsin, presented the petition of Moses Ander- Red River, on the 16th day of March, 1864, submitted an adverse re- son and 200 other citizens of La Crosse, Wisconsin, pra-ying for the port thereon; which was agreed to, and ordered to be printed. repeal of the bankrupt law; which was referred to the Committee on He also, from the same committee, to whom was referred the peti- the Judiciary. tion of Margaret Knight, of Meigs County, Tennessee, praying addi- Mr. ALLISON presented the memorial of F. G. Rathbun and others, tional compensation for property taken and u ed by the United States of Nashua, Iowa, envelope-manufacturers, &c., remonstrating against troops during the late war, submitted an adverse report thereon; the manufacture, selling, and pririting of envelopes, newspaper-wrap- which was agreed to, and ordered to be printed. pers, and postal cards by the Government; which was referred to the He also, from the same committee, to whom was referred the peti- Committee on Po t-Offices and Post-Roads. tion of Thomas H. Yeatman, a..slcing payment of 1,275, the amount of Mr. CHRISTIANCY presented the petition of Alexander Brigham, vouchers issued for rental of buildings used by the Quartermaster's of West Branch, Michigan, praying for back pay and bounty for serv- Department, submitted an adverse report thereon; which was agreed ices in t.he First Michigan Cavalry; which wa..s refeiTed to the Com- to, and ordered to be printed. mittee on Military Affairs. He also, from the same committee, to whom was referred the bill He also presented a resolution of the Legislature of California, in (S. No. 424) for the relief of Rev. Erastus Lathrop, who claims to have favor of the passage of a law to secure to the State of California the been chaplain of the Sixteenth Indiana Mounted Infantry, submitted title to lands listed to it; which was refeiTed to the Committee on an adverse report thereon; which was ordered to be printed, and the Public Lands. bill was rejected. Mr. CAPERTON presented the petition of 35 citizens of the coun- He also, from the same committee, to whom was recommitted the ties of Webster and Braxton, West Virginia, praying for the estab- bill (S. No. 74) for the relief of Mark W. Delahay, l_a te judge of the liflhment of a post-route from Webster Court Honse to Middleport; United States court for the district of Kansas, submitted an adverse which was refeiTed to the Committee on Post-Offices and Post-Roads. report thereon; which was ordered to be printed, and the bill wa..s re- He also presented the petition of John H. King, of Washington jected. County, Maryland, praying for compensation for property destroyed He also, from the sa.mo committee, to whom was referred the bill by United States troops duriug the late war; which was referred to (S. No. 848) for the relief of William Battersby, submitted an adverse the Committee on Claims. report thereon ; which was ordered to be printed, and the bill was Mr. CONKLING presented the petition of the New York Cheap rejected. Transportation Association, praying that no further gifts or benefits He also, from the same committee, to whom was referred the me- be conferred npon the Union Pacific Railroad Company a.n d urging morial of the Legislative As embly of Washington Territory, praying that the vast interests of transcontinental commerce demand such an appropriation for paying Fmncis vV. Pettygrove for services ren- immediate action by Congress as can lawfnlly be enforced to restrain dered as clerk of the United St.ates district court for the third judi- the said railroad company !rom further misuse of the privileges and cial district of that Territory from April 30,1853, to February 1, 1857, power now controlled by it; which was referred to the Committee asked to be discharged from its further consideration; which was on Railroads. agreed to. He also presented the memorial of theNational Board of Fire Under- .Mr. WRIGHT. I am also directed by the same committee, to whom writers, favoring the extension of the usefulness of the Signal Service was referred the bill (S. No. 542) for the relief of E. F. Dunence, Bureau, and especially that department relating to the direction and to report it back, and recommend the indefinite postponement of velocity of the wind; which was referred to the Committee on Finance. the bill. I 'will say in this connection that the committee find the :Mr. GORDON presented the petition of merchants and business bill without any evidence, nor is there any suggestion in the record men of Americus, Georgia, praying for the repeal of the bankrupt that eviuence will be found anywhere in support of the bill. l:1w; which was referred to the Committee on the Judiciary. The bill was postponed indefinitely. He also presented the petition of the citizens and business men of Mr. MORRILL, of Vermont, from the Committee on Public Build- Lumpkin County, Georgia, praying for the repeal of the bankrupt ings and Grounds, to whom wa..s referred the bill (S. No. 558) making a law; which was referred to the Committee on the Judiciary. further appropriation for the erection of Government buildings in He also presented the petition of Oscar Hinnich, late engineer in Dover, Delaware, reported it with an amendment. the confederate army, praying for the removal of .his political disa- He also, from the same committee, who were directed by a resolu- bili~es; which was referred to the Committee on the Judiciary. tion of the Senate of the 25th instant to inquire whether any, and, if He also presented the petition of envelope-manufacturers and print- auy, what, provision should bemadeforthe widow of John King, who ers, booksellers, stationers, &c., of Atlanta,, Georgia, praying for the wa..s killed by the explosion of gas that occurred in the Capitol on discont.inuance by the Government of manufacturing, printing, and the 19th instant, and for L. B. Cutler, who was sevt~rely burned selling the same; which was referred to the Committee on Post-Of- and injured by the explosion, reported a bill (S. No. 872) for the relief fices and Post-Roads. of the family of the late John T. King and of L. B. Cutler; which Mr. JONES, of Florida, presented the petition of 0. I. Daniel and was read and pa..ssed to the secoml reading. other citizens of Jacksonville, Florida, praying that Congress take Mr. COCKRELL, from the Committee on Claims, to whom was re- steps toward deepening and improving the channel of the Saint ferred the bill (S. No. 845) for the relief of W. H. Woodward, of In- John River; which was referred to the Committee on Commerce. dianola, Texas, reported it without amendment, and submitted a The PRESIDENT pro tempore presented the petition of R. Good- report thereon; which was ordered to be printed. hart and other citizens of Washington, District of Columbia, resid- He also, from the same committee, to whom wa..s referred the bill ing in the vicinity of Lincoln Park, praying that a.n appropriation (H. R. No. 2836) for the relief of Joseph Wilson, of Bourbon, County, be made for a watchman in that park; which was referred to the Kentucky, reported it without amendment, and submitted a report Committee on Appropriations. tlJereon; which was ordered to be printed. REPORT ON FISH AND FISHERIES. He also, from the same committee, to whom wm> referred the bill (H. R. No. 2829) for the relief of Ariel K. Eaton and James D. Jen- Mr. ANTHONY. I present a communication from Professor Baird, kins, reported it without amendment, the committee adoptiug there- United States Commissioner of Fish and Fisheries, transmitting his port of the Honse committee. report for U:l75 and 1H76. I ask that the report be printed. Some of .Mr. CAMERON, of Wisconsin, from the Committee on Claims, to the statistical portions have not yet been banded in, but it is desir- whom was referred the bill (S. No. 688) referring the claim of John able t hat it should be put in type. I will postpone the motion for H. Russell to the accounting officers of the Treasury of the United printing extra copies until the whole work is in, so that we may get St-ates for adjudication and settlement, t~nbmitted an adverse report the estimate. thereon; which was ordered to be printed, and the bill was postponeu The PRESIDENT pro ternpore. The report will be printed under indefinitely. · the rule. Mr. ALLISON, from the Committee on Pensions, to whom was re· 3404 CONGRESSIONAL RECORD-SENATE.· MAY 31, ferred the bill (S. No. 36) amending thEt pension law so as to remove A bill (H. R. No. 2242) granting a peusion to George McColly; the disability of those who, having participated in the rebellion, A bill (H. R. No. 2258) for the relief of Henry Gee, of the State of have since its termination enlisted in the Army of the United States Florida; and become disabled, reported it with an amendment. A bill (H. R. No. 2552) to reduce the expenditures for public adver- BILLS INTRODUCED. tising in the District of Columbia; A bill (H. R. No. 2691) for the allowance of cert.ain claims reported Mr. MORRILL, of Maine, asked, and by unanimous consent ob- by the accounting officers of the Treasury Department; tained, leave to introduce a bill (S. No. 873) to provide for the 8 per A bill (H. R. No. 3116) providing for the payment of judgments of cent. certificates of indelltcdness issued for work done under the the court of commissioners of Alabama cla.ims; direction of the board of public works and chargeable to the private A bill (H. R. No. 3184) granting a pension to Emerick W. Hansell; property benefitenth and thirty-sixth sections as were covered by the .Mexican and Spanish grants were valid titles, and that thus the grants made under Spanish and Mexican authority, which shall be determined in cnse of Spanish or Mexican 173J1ts when the final survey of such ~!rants shall have State of California was not able to get the sixteenth and thirty-sixth b een made. The suneyor-general for tho State of California sball furnish the sections. It seems that lands were taken by tho State of California State authorities with lists of all such sections so co>ere(l, as a basis of selection." for the sixteenth an:th section was actually covered by upon in the morning hour, and therefore I think it ought to be passed a grant. He seems to have consi'dered that it was not necessary to wait until the over. I make these remarks in order to call the attention of Senators patent f~r the grant bad been_isBu~d. This construction W!lS acquies~d ~n by the to what I understand to be the allegation, because I know nothing authorities of the State of Califorma, anhic made a feeling of consternation and showed what might be expected night-signals which bear his name, an invention and system perfected by her smce in the rest of the State. The Legislature memorialized Congress to her husband's death, and which was adopted and has been used. by our naval and confirm the selections, recognizing the irregularity of not waiting life-savin.,. service for many years. until after the actual patent had been issued. Recognizing the irreg- In 1859 these si,"llals were tested, and at the commencement of the war the De. partment made a. proposition to the petitioner to sell to the Q{>vernment the right ularity, they asked Congress nevertheless to overlook this irregularity to manufacture these si~ for the use of the Navy, and an appropriation for the in favor of tho e who had bought in good faith. purpose was passed, which she accepted. The officers of the Gi>vernment found it Now, the Senator from Ohio says that under this bill the State will difficult (if not impossible) to manufacture them to advantage, and the Secretary of get duplicat-e lands; not only get the original lands, but get new lands. the Navy requested Mrs. Coston to undertake their manulacture for the Navy; ~nd the price per set of twelve pieces was agreed upon at t4.50. This was in the That position must necessarily be a mistake; but if there is any foun- spring of 1861 ; the signals were delivered, and the price named was paid. The dation for it the slightest amendment will fix it, providing that the petitioner urged at that time, and now claims, that, by reason of the increased cost State shall not receive, in consequence of this legislation or any other, of ln.bor and materials, Abe was entitled to, and should have received, an advance any more than the original lands to which it was entitled twenty- over and above the price stipulated. To this complaint, however, tho Department would not listen, as the price had boon fixed by agreement, and it is believed by five years ago when the selection of lieu lands was allowed to be the committee that she continued in the business of supplying these signals to the made. l\Iy colleague has prepared a careful amendment protecting Gi>vernment almost, if not quite, without profit. t.he settlers, protecting the mineral lands, and protecting every other By law it was provided that on contracts made previous to its passage the taxes interest which it is possible to protect. He was endeavoring to get and duties subsequently imposed should be paid by the purchaser, and when the petitioner endeavored to obtain the amount of taxes from the Navy Department the floor to offer it when my friend from Ohio rose and said that the she was met with the suggestion that no written agreement could be found, con- rights of settlers were involved in this matter. Those men who, tracting with her at the price named; therefore the law was not applicable to her since the lOth of March of the present year, went on their neighbor's case. Near the close of the war the Department increased the price of her signals possessions, went inside of their inclosed fields, took possession of to $6 per set, thus acknowledging the ~ustioe of h er demand ; but there were very few delivered after this period and tne increa-se dirl not cover those already fur- their fieltls of grain, took possession of their houses, and drove others nished. Subsequent to the time of entering into the a~eement refeiTed to, taxes off by means of shot-guns, are not settlers in any sense of the word. on manufacturers' sales were imposed a.nd had to be pru.d by the petitioner; adtli- To allow them to prevail would be to carry distress and tumult tional duties were also levied on some of the articles enterlng into these signals, throughout the State of California. the prices for labor almost doubled, and the chemicals used increased in cost from 50 to 75 per cent., and the certificates given her in payment were sold at a discount . .The Senator from Missouri [Mr. BOGY] asks me under what right these new men went in. They said, '' Your State selections have been The following letter from Rear-Admiral Smith is made a part of this report: irregular; the Secretary of the Interior has overthrown them, de- WASHINGTON, July 1, 1865. clared them to be null and of no effect, and we will enter upon this Sm: In regard to the reference from you to me of Mrs. M. J. Co ton's letter to land ourselves, and take it, and you must keep off it." That wa.s the you of June 28 last, touching compensation to her for the Coston signals, I beg leave to say that the arrangement for employing those signals was made in the Bu· "right" which made the claim. It was bad in morals, bad in every reau of Detail in the spring of 1861, then in charge of Commodore Paulding. The sense, and we simply come in here and a-sk that this thing may be price was agreed upon, as well as I remember, at$4.50 per set of twelve pieces. The righted. sirnals were furnished as required, and paid for at tlillt price. The war greatly increased the cost of the materials, and, consequently, Mrs. Cos- I understand from my colleague that he will propose an amend- ton petitioned for an increase of price on that before the war agreed upon. This ment that the bill shall not affect the rights of any man who went was not granted, on the plea that the price had been fixed. The delivery, receipt, upon the land claiming a.s a pre-emptor or homestead settler prior to and payment for the signals are ample evidence of that fact. that decision. As I suppose it will be impossible in the few mo- By the act of June 30,1864, section 97, persons who shall have made any contract prior to the passage of ~;aid act are authorized to add to the prices thereof so much ments left of the morning hour to pass this bill, in the hope that this money as will be equivalent to the duty so subsequently imposed. Now Mrs. Uos- discussion may lead Senators to think upon the subject, I give way ton cia.ims that the price of the signals was fixed before the passage of the act re- to my colleague. · feiTed to, and that she has a just claim upon the Government for the amount of The PRESIDENT pro tempore. The question is, Will the Senate the tax. The claim of Mrs. Coston for an increase of price on the signals, after the con- proceed to the consideration of the bill l tingencies of the war had greatly increased the cost of the materials, wa.s just and Mr. SARGENT. I give way to my colleague for the purpose of fair, in my opinion~ as that request was denied by the Ordnance Department, she offerinO' his amendment; I do not yield the floor. is certainly entitlen to the tax on the bills r endered. Mr. SHERMAN. I ask the Senator if he will have any objection I have the honor to be, respectfully, your obedient servant, JOS. SMITH. to letting this matter be recommitted to the Comniittee on Public Hon. GIDEON WELLES, Lands, to whom I will send the paper I referred to. Every Senator Secretary of tAe Navy, Washington, D. 0. has received the same document. The Senator from Michigan [Mr. The petitioner paid taxes, a.s per statement, I13,000, andif allowed interest would CHRISTIANCY] showed me the same paper which excited my atten- make her claim amount to some over $21,000. tion. I ask to bave the bill recommitted to the Committee on Public The committee, after careful examination of the papers before them, have ar- rjved at the same conclusion as the Honse committee of the Forty-third Congress, Lands, so that their attention may be called to the distinct statements and recommend that Mrs. Coston be paid the sum of 15,000, in full satisfa{)tion of made in the document. her claim against the Government, and report the accompanying bill and ask its Mr. SARGENT. I have no objection to that course. passage. The PRESIDENT pro ternpcrre. Does the Senator from California The bill was reported to the Senate without amendment. [Mr. BOOTH] desire to have his amendment printed f Mr. WRIGHT. I wish to make an inquiry of the Senator from New Mr. BOOTH. As I am a member of the Committee on Public Hampshire. As I remember the reading of the report, the committee Lands, I will move in committee to have the amendment incorporated find that this lady is entitled to some 13,000. Upon what principle in the bill, but I will now read to the Senate what I propose to offer; is it that the bill allows more than $13,000 Y it comes in after the third senti on: Mr. CRAGIN. I cannot state exactly the principle. It was clear Nothing contained in this act shall be construed as affecting the righta of bona to the committee that she paid taxes in the neighborhood of 15,000, {ide pre-emptors or homestead settlers in actual possession, and whose right ac- which the Department ought to have paid under a law that was crued before the lOth day of March, 1867, to mineral la.nds, or to any lands in the mty and county of San Francisco, or any incorporated city and town, or to any tide passedafter this contract was ma.de authorizing the manufacturer or or swamp lands. contracto:r to adcr·the tax to the price. It also appeared to the com- 1876. CONGRESSIONAL RECORD-SENATE. 3407 mittee that the price which she received was very low indeed, and as Several SENATORS. Let us divide again. tLe Houso committee had reported upon this same subject to give her The question being again put, there were on a division-ayes '%1, :15,000 we thought that we would put it at 15,000. The sum was noes 13. between thirteen and fourteen thousand dollars, and there was some So the bill was passed. question about the amount, she claiming that she paid $15,000 of AMENDMENTS TO APPROPRIATION BILLS. _ aetna 1 tuxes. I believe the bill to be a very just and proper one, and I hope it may be allowed to pass. Mr. HOWE, from the Joint Committee on the Library, submitted Mr. WRIGHT. I have nothing to say in reference to the justice of certain amendments intended to be submitted by that committee to the Lill. As I understand the claim, so far as it applies to anything the bill (H. R. No. 2571) mak-ing appropriations for the legislative, in excess of the 13,000~ iu round numbers, the gentleman from New executive, and judicial expenses of the Government for the year Hampshire admits it does not depend upon any principle so far as ending Juue 30, 1877, and for other purposes; which were referred any right to repay interest is concerned, but he rather puts it upon to the Committee on Appropriations, and ordered to be printed. the ground that the committee do not think flhe is entitled to the in- JAPANESE INDEMNITY FUND. t erest but is enti tied to somethihg more than 13,000, and therefore tbt~Y tix the amount at $15,000. The PRESIDENT pro tempore. The morning hour has expired. Air. CRAGIN. The sum was not fixed upon any- g:r:ound of allowing Mr. SHERMAN. I move that the Senate postpone the considera- interest at all. It was clear that she paid over 13,000 taxes, and it tion of all other m!l>tters and take up the bill (S. No. 263) to amend may have been 15,000. The exact calculation as to dollars and cents the laws relating to legal tender of silver coin. was uot made, but the taxes amounted to between 13,000 and 15,000; The PRESIDENT pro ternp(}re. The Chair will lay before the in my judgment as near $15,000 as 13,000. Senate tho unfinished business, being the bill (S. No. 626) in relation Mr. WRiGHT. With the understanding from the record and from to the Japanese indemnity fund. what has taken place in the debate that it shall be considerecl and Mr. FRELINGHUYSEN. Mr. President- understood that the Senate does not recognize in any way wh~tever Mr. SHERMAN. I submit my motion to postpone. th13 light of one dollar's interest upon this claim, 1 shall withhold Mr. FRELINGHUYSEN. I do not wish to interfere with any of auy objection to the bill. the rights of the Sen a.tor from Ohio; but I understood that I had ~lr. CRAGIN. That is the understanding. It was the uuderstand- the floor on this bill when it should be taken up. iug of the committee. Mr. SHERMAN. I was recognized before the bill was called up. Mr. WRIGHT. I do not think onedollarof interest should be allowed I do not wish any controversy with the Senator from New Jersey on upun any claim of this kind. As I understand, the committee have the subje~t. I simply wish to have the Senate decide by its vote ruad e uo snch allowance; but they find that this 15,000 is what sh~ which of these bills shall be taken up. would be entitled to, independent of and outside of any claim for in- The PRESIDENT p1·o teJTnpO're. The Chair submitted the unfin- t erest, aud this is not coupled with a recommendation to pay interest. ished business to have it properly before tho Senate, and the Senator .Mr. CRAGIN. That is all. ./ from Ohio had risen pending the statement from the Chair for the Mr. COCKRELL. I should like to ask how we are to get around purpose of moving a postponement. The Senator from Ohio moves 1lli8 clause in the report of the committee to postpone the present and all prior orders for the purpose of con- sidering the silver bill, so called. The petitioner paid taxes as per sta.tement, $13,000. Mr. SHERMAN. Senate bill No. 263. That seems to be the statement of the petitioner herself as~ the Mr. FRELINGHUYSEN. This bill has been reported upon six amount of taxes paid, according to the report. times, and been favorably reported upon. It had been discussed for Mr. SAULSBURY. I would not vote against any claim which I two or three days fully before the Senate at the time when the Sen- was satisfied was correct ; but this stands as a claim of indemnity for ate took up the matter of impeachment. I think that it will be taxes paid upon a contract made with the Government of the United economy of time to dispose of this bill now without further discus- States in 1861. It is no doubt true that, like all other contractors sion. under the Government, the contractor in this ca-se realized a profit There was an amendment offered striking out that part of the bill upon the contract. She w&s subjected by the laws of Congress to which provides for interest, and I wish to call the attention of the taxation upon certain materials used in fulfilling the contract. The Senate now to amendments that I propose to the bill which I think party now comes to Congress to be indemnified for the amount of will meet with the approval of all the Senate, and I shall be very taxes paid upon materials used under the contract, which were fur- brief. nished to the Government. Mr. SHERMAN. I would rather the Senate should dispose of the Mr. CRAGIN. The Senator will allow me to suggest that he cer- pending question first. However, if the Senator says it will take but tainly is in error. The law authorized the manufacturer to add the a little time-- tax to the price of the goods. I Mr. FRELINGHUYSEN. I belie-ve I am strictly in order for this Mr. SAULSBURY. I understand that. reason, because the brief remarks which I propose to make will show Mr. CRAGIN. And the Department claimed that this contract was the Senate the propriety of disposing of this subject now. not in writing. They could not find any written contract and there- Mr. EDMUNDS, (to Mr. FRELINGHUYSEN.) The merit.s of your bill fore they did not allow her to add the tax. It wa.s not a tax for ma- are perfectly open on this question. terials r it was a tax for the gross price of the manufactured articles, Mr. FRELINGHUYSEN. This fund amounts to 1,414,051.96. That and there could be no distinction made in justice or equity whether is the value of the fund as invested at the price the securities now this contract was in writing or whether it wa.s verbal. The Depart- sell for. ment did not allow her this tax, while under the law she ought to Mr. EDMUNDS. Coin or currency! have been allowed the tax, especially as she was manufacturing these Mr.FRELINGHUYSEN. Coin. Theamountof charges that there articles at a. loss. That is all there is in the case. are against the fund, I understand, is 19,956. That is money which Mr. SAULSBURY. I take it for granted if this lady, who had a has been expended by the Navy Department, which ought properly contract, had come within the terrus of the law, the Department to be charged to this fund. The prize-money, if th'e second section is would not have refused to allow her the amount of the tax which she retained in the bill, as I hope it may be, is 125,000. Tllese two snms, paid. At any rate, I am opposed, after persons have entered into taken out of the fund as soon as it is received, amount to $144,956. contracts with the Government and have made profits npon their con- Now, if we pay the balance to the Japanese, with 5 per cent. interest, tracts, that they should come here and be exempted by the a-ction of they will receive $79:->,956, and there will be to cover into the Treas- Congress from taxes which have been imposeu by the laws of Con- ury 473,000. So the Senate will see that after taking ont the 125,000 gress upon them. The people of the United States, all over the conn- and the · 19,000, and after you pay the Japanese government the bal- t.ry, have been subjected to taxation, and have paid taxes when they ance with 5 per cent. interest, there will be $473,000 to cover into the had no contracts out of which they might have made a profit. In the Treasury. I think that is right for this reason: That excess of the State in which I live, and in other States of the Union, private citi- fund is made up of the items of exchange, compound interest, and zens having no contract with the Government have been subject to the appreciation of the securities. the taxation of the Government, and have paid their taxes. I see no If this money had been loaned by Japan to thifl country we wonltl reason why parties who have had contracts and made profits out of not give them the benefit of tile exchange; we would not give them their contracts should not be subject to the same measure of justice. the benefit of compound interest; we would not give them the benefit I am therefore opposed to the appropriation of money for this purpose. of the appreciation of the securities; or, if the securities had depre- Mr. WRIGHT. I should be glad if the Secretary would report the ciated, that would not relieve us from our obligation to pay this bill again. money. Therefore, it seems to me that the amendments I shall pro- The Chief Clerk read the bill. pose must commend themselves to the Senate, and I should think Mr. 'VRIGHT. I move to strike out '' 15" and insert "13 ;"so as to would commend the bill. I propose, if the Senate go on with this make the allowance 13,000 instead of $15,000. bill, so to amend it as that all charges against this fund shall be met, The amendment was agreed to. and that we pay the balance with 5 per cent. interest, not paying the The bill was ordered to be engrossed for a third reading, and was compound interest, not paying the appreciation of securities or the read the third time. profit of exchange, which amount to some $473,000. On the passage of the bill a division was called for; which re- I trust the Senate will adhere to this bill, and now finally dispose sult.ed-ayes 24, noes 6; no quorum voting. of it. Mr. SHERMAN. Many Senators are present who are not voting. The PRESIDENT p1·o tempore. The unfi:uished business being b£'- l call attention to the fact. fore the Senate, the Senator from Ohio moves the pustpontuutmt of 3408 . OONGRESSION.AL RECORD-SENATE. MAY 31, this bill :1nd all prior orders for the purpose of considering what is down a rebellion but we received it for services rendered to Japan in known aa the silver bill. · putting down a rebellion, as stated by the treaty itself. Mr. SHERMAN. I ask the Senator from New Jersey how Jong he But without enlarging upon that argument1 if the Senator from thinks this bill will occupy f New Jersey will confine his proposition to a simple refunding of the Mr. FRELINGHUYSEN. I do not think it will occupy more than principal sum without interest, deducting only the principal sum that half an hour; but, if it does take more, it will occupy less time now we pay out of the fund, I would not object. I think it rather gener- than at any future period. ous and not a very wise thing to do; but still there is a kind of reason Mr. SHER..'\1AN. I am willing iio let the matter pass, because I do for it that may be given that from it we should derive benefit in at- not wish to antagonize the silver bill with a matter which has been tracting to us the kindly feeling and good-will of the government of partiallv discussed. I withdraw my motion for the present. Japan. Mr. F.RELINGHUYSEN. I move after the word "fund," in the Mr. HAMILTON. I merely rise to put the same question as the fourth line of the :first section, to insert "originally paid to the Gov- Senator from Ohio. If the Japanese government borrowed money ernment of thA United States." from England, did it practically compound interest f I aak if in any The PRESIDENT 1J1·o tempore. There is an amendment pending. case there is not compound interest paid where you pay interest every Mr. EDMUNDS. Perhaps the Senator is perfecting the text of six months Y what is proposed to be stricken out. Mr. EDMUNDS. It appears to me, if the ground on which this bill The PRESIDENT pro tempo1·e. The Chair is informed that it is is pressed by my friend _from New Jersey is sound, there is no escape not an amendment to the amendment. The Secretary will report from the conclusion that we ought to pay back this money with all the pending amendment. . its accumulations, because his ground is that by force of superior The CHIEF CLERK. It is proposed to amend the bill by insert- power we coerced the government of Japan into paying us an enor- · mous sum of money in respect Of which we had uo claim; and thereby inXrr. FRELINGHUYSEN. The pending amendment is to strike out there was creat-ed a kind o-£ trust-a wrong-doer holding this money- all that relates to the accumulation of interest in the ninth line, I a kind of trust in favor of the government of Japan. On that state think. of facts it is evident that equity in all such cases, as well as the law, . Mr. ED~IUNDS. I thought the amendment was to strike out the charges the wrong holder of money with all that he has made out of :first section. it. . If he has put it to profit the profit belongs to the owner of the Mr. FRELINGHUYSEN. No; that has been voted on. money; and we have put this money to profit by way of exchange in The CHIEF CLERK. The peniling question is on the amendment of getting it here, which happened to be largely favorable at that time, Mr. THURMAN, in line 9 of section 1 to strike out the words: I believe; and by way of investing it in our own bonds, so that it ac- cumulates to $1,400,000 and upward. If we took this sum of money Said indemnity fund, including all accumulations of interest. of 750,000, or whatever it was, from the government of Japan wrong- And in lieu thereof to insert : fuJly, and that money baa earned in our hands by way of exchange The sum paid by said government without interest. and interest enough to make it $1,400,000, the $1,400,000 belongs to So as to authorize the President- Japan on every principle of justice that prevails between man and To pay over to the governinent of .Tapan the residue of the sum paid by said man. government, withont interest. Mr. HAMILTON. I ask the Senator if the money has earned any- thing in our·possession T The PRESIDENT pro tmnp01·e. Does the Senator from New J ersoy Mr. EDMUNDS. So it is stated, that it has accumulated until it is desire to amend this Y 1,4001000 ; that in the first place there was a large accretion to it on Mr. FRELINGHUYSEN. No; I do not desire to amend that. I accolmt of exchange; and then it was invested by the State Depart- ' think that amendment ought uot to be adopted. The amendments ment in our own bonds, which otherwise would have been put into which I have suggested will have the effect of takiug out the 125,000 the market for so much, and we used the money, and the bonds are and -the $19,000 of the money as soon as it was received, so that the in the State Department in place of it, just as if it had been invested Japanese government shall not have interest on the $144,000, and in English bonds or State bonds; so that in troth and in fact, so far then to pay them the balance with 5 per cent. interest, which will as equity goes, this sum of money that J ~an gn.ve to us has earned by leave about 473,000 in gold to be covered into the Treasury, that ex- sheer force of its own industry, if I cali use such a term, so much. cess arising from the p1·ofit in exchange, from the ap _preciation of the It has got up to that, not by a system of fictitious book-keeping, but securities, and from the manner in which this fund has been con- by real gains, as the money, if it had been invested by a private indi- founded, three it.ems which I do not see that the Japanese govern- vidual in the sa.me way, would have accumulated. ment have any claim upon. Now I repeat if this money really belongs to the government of Mr. ~HERMAN. .AB I understand, then, the Senator proposes to Japan in equity and good conscience, and was wrongfully taken from give back the principal of the fund less the amount which we now her, (which is the ground on which we are asked to restore it,) then appropriate for salvage. it does seem to m0 that every dollar it has earned iu respect of the Mr. FRELINGHUYSEN. With 5 per cent. interest. exchange which accumulated upon it in bringing it to this country Mr. SHERMAN. Compounded~ and :in respect of the interest upon it, ought to be restored. But the Mr. FRELINGHUYSEN. Five per cent. simple interest; and that bill itself as reported from the Committee on Foreign Relations, if will leave of the fond 473,000 in gold. the Senate will look at it, does not seem to proceed on the theory, Mr. SHERMAN. I do not think the Government ought to set the after all, that this money was wrongfully extorted from Japan and example of paying interest. This money was collect-ed from Japan, that it is the money of that government, because you will observe and we ce1·tainly ought not to pay interest on it. that the first section provides that the President-after taking out a Mr. FRELINGHUYSEN. The reason for it, I think, is this: if we certain sum from it, 125,000-" is further authorired" (I pass over impropel'ly got the money, and compelled the Japanese government the unimportant words about being incompatible with our relations to pay 5 per cent. interest to obtain it in England, ·and 7 per cent. to to foreign powers)" to pay over to the government of Japan the resi- obtain another portion of it, it is right that we should pay it as if it due of said indemnity fund, including all accumulations of interest." had been a loan to us at 5 per cent. So far it is on the theory named. Now- Mr. SHERMAN. If so, we ought to pay the compound interest as Or after correspondence with said government, and in a. manner satisfactory well. to it, to transfer said fund, together with its increase, to the government of .Tapa.n Mr. FRELINGHUYSEN. I think not. in trust, the income thereof to be perpetually used for the promotion of education Mr. SHERMAN. They had to pay it on the Senator's ground. in .Ta.pan. Mr. FRELINGHUYSEN. If the Japanese government had loaned That is a very extraordinary provision in a bill if this money be- us the money-and I treat it just in that shape-we should have paid longs to the government of Japan and we are wrongfully withhold- them 5 per cent. simple interest, and that is what I propose to do, after ing it. deducting the claims and charges properly made upon th€} fund when Mr. FRELINGHUYSEN. That was stricken out. :first received. Mr. EDMUNDS. I understand that it was stricken out; but I am Mr. SHERMAN. If anybody else had loaned it to us, we should speaking of the theory on which this bill went when it left the bauds have paid interest annually or semi-annually, regularly, which is the of t.he Committee on Foreign Relations, as derived from the face of same aa compounding interest. I had made up my mind to content the bill. myself with simply voting against the bill, to gratify a sentiment th&.t Mr. FRELINGHUYSEN. I will state to my friend that when I seems to prevail with the Senator from New Jersey and in the Senate called up the bill, after conferring with the members of the committee, that we probably exacted severe and bard terms from Japan, though that provision was stricken out on my motion, as their organ, and I do not think the arguments establish that po ition. If to gratify the reason that it was ever introduced there, as I understand, was at that desire to do a generous, liberal thing that might probably aid us the instance of the representative of Japan. in our intercomse with Japan, and perhaps with China, it is thought Mr. EDMUNDS. I do not know what the representative of Japan desirable, after deducting the expenses incurred by the United States bas done. If the representative of Japan is authorized by his Em- and pa,id to onr officers in the nature of salvage or as a. reward for peror to provide that the money of Japan now held in trust by the extraordinary services, to pay back the balance of the principaJ. sum Government of the United States shall be turned over to the govern- to J apau, perhaps I would. content myself even by not voting against ment that owns it in trust for au other purpose, then it is rather extraor- the proposition, though I caunot answer the aTgument of the Senator dinary diplomatic intercourse I most say; but it may have taken place, from Vermont, [Mr. EDMUNDS,] which showed very conclusively that and I have no doubt my friend so understands it; and as we are dealing we received this money not only ~or expenses incurred in potting with oriental nations perhaps it is fair to infer that it did take place. 1876. CONGRESSIONAL RECORD-SENATE. '3409 But what I was saying was that on the face of the bill us it comes method by which we have acquired this fund; and we can make it, from the committee it is inconsistent, plainly inconsistent to my mind, like the Smithsonian, an instrumentality for the diffusion of knowl- with the idea that this money belonged to the government of Japan edge among men·, or something of that kind. But there will come of right and that it was in our hands by wrong. The committee un- after us those who will not deem this right, and they will thiuk one doubtedly saw the force of that, and the correction was made, btrik- of two things: that we have no Lusiness to pay back anything to iug out anything which would raise an implica.tion of that character. Japan, as the Senator from Vermont thinks, or that we should pay I do not want to spentl the time of the Senate over again (although back all that we got. from her. 1t is a long time ago since we had the bill up we have had our thoughts I shall vote against the amendment; and then I shall vote against devoted to a good many other subjects since) in discussing the mer- the bill itself if the amendment be adopted. its of the first section, which is the chief section of the bill, in respect Mr. FRELINGHUYSEN. Mr. President, there seems to be no clif- to the government of Japan; but I merely wish to repeat what I ference of opinion in the Senate as to the amendment which is now said before, fotmded upon what appeared to me to be the clear result pending. Those who are favorable to the bill are in favor of paying contained in the reports of the Department of State on this subject no interest, which is the amendment of the Senator from Ohio, [Mr. in print, that this moneywa.s not obtained from Japan by any unjust THURMAN,] and those who have opposed the bill are in favor of pn,y- exaction of force, that it was obtained from Japan as the treaty ing compound interest. I suppose, therefore, we may all unite in vot- states and as the conespondence and negotiation state, as a settle- ing down, if that is the opinion of the Senate, the amendment of the ment of all accounts, so to speak, down to that date, and among those Smw.tor from Ohio. I wonld much ra.ther pay this money back with with the serious iujuries done to the commerce of the United States all the accumulations of interest. I would much rather adopt the Ly.the interruption of intercourse t.L.rough the so-called inland sea theory of the Senator from Massachusetts [:Mr. DAWES] and pay it aud by the interruption of our trade and commerce with ports which back with all its accumulations. It would be a more generous thing. Ly treaty they had fl'om time to time agreed to open and had not Bnt it struck me that we should do common justice if we made the opened; and I do not believe that it was a penny in oxceHS of what deductions which arc properly chargeable to this fund at the time of the real injury was, although not computable in figures, as such in- its receipt, and then pay interest on the balance. . j aries never a.re, arising to our interests in the East from that course My friend from Texn.s [.Mr. HAMILTON] asks me whether if we had of couduct on the part of that empire. But, as I say, I am not going paid the-interest every six months it would not have been compotmded. into the reference to the communications on the subject. I do not It would certainly have been compounded, but then the Government feel justified in doing so as it has Leen once done, and merely rose of the United States when it owes a claim does not generally pay any in- to restate my own conclusions. On the present and exact question, terest; and therefore our paying 5 per cent. interest bereis exceptional. it appears to me plain that if we owe this government anything, we In looking at the other items which go to make upthls fund, while it owe all that this money has accumulated. would be mB.gnanimous and geneaous to pay over the fund with all J\.1r. DA\VSS. Mr. President, I had made up my mind from the be- its accumnlat.ions, still it struck me t,L at it was hardly a demand of ginning to vote for this bill. This is no part of the money of the justice, for if we had borrowe .refund the plunder; therefore extorted from the Japanese government, antl it has been reiterated I am authorized to keep it.'' This is a stronger case than that. A by nearly every speaker who haB advocated ·the passage of the bill weak nation has agreed to pay this extortion, and because she does that therefore, because we have wrest~d it from them by the strong not ask the strong nations to return it to her, they are justified in hand of violence, it ought to be .returned. The distinguished Sena- keeping it! I do not recognize that logic at all, Mr. President. tor from Indiana. very properly quoted the old adage that two wrongs But I come now to the argument of my friend. He concedes that, never made a right; bnt he attempts to make this case an exception so far as we are concerned, we have sustained no injury ; no ship waB to the general rule which has prevailed in this country with regard fired into for this money on our part ; we sustained no loss under to all similar difficulties. \Ve must remember that when differences heaven. The firing was on the s}lips of other nations, not ours. 'We between nations are subject-matters of negotiation, we deal in hon- joined in the bombardment; but we sustained no loss. No American eyed phrases n.nd ambiguous terms; but when these fail to bring the ship waa fired into. My friend says the payment was iu the nat.Ul'e opposing nations to a proper sense of propriety and of right, the sil- of punishment ; I suppose so:q1ething in the natUl'e of impeachment! ver tongue of diplomacy is laid a-side and the mailed hand of war in- Mr. DAWES. I should like to correct the statement if tho Senator tervenes. They know little of diplomacy then. What is violence T will permit me. We did notjoin in it; we only gave it OUI' moral :Military power is a tyrannical and an arbitrary power1 and it is that support. power to which nations resort when all other expedients have failed in Mr. MORTON. We did not even fire a gun. asserting their proper rights. It was this mailed bandofwarthat wrest- Mr.' DAWES. Sharing t.he plunder, however. ed from .Mexico, California, New Mexico, and all those fertile and beau- Jtk·. MORTON. That makes the ca.se still stronger. We did not tiful provinces of the West, which certainly are worth far more than even spend any gunpowder. It waa n.ll grab, all plunder. If we hl1d any expense to which this nation was subjocteu in carrying on that wasted a few shot :.a.ucl shell, there might have br;en a little b~tter; war, or any loss or damage to particular eiLizens, from which it di- argument; but nothiqg of the sort occurred, a.ccordiug to IQY fnend :1414 CONGRESSIONAL RECORD-SENATE. MAY 31, from Massachusetts. I am not so familiar with this transaction now re-assert my position. nut that is not tbe way to meet the question. as I once was. I propose to call the attention of the distinguished Senator to one or This was punishment! If the Senator will look at the treaty, he two inconsistencies, if he will pardon me for thus cha,ra,cterizing will see it was not punishment at all. ·what were we to punish her them, in his argument. In the first place, he as erts that the amount for f .Any wrong on nsf Not at all. She hnd done nothing to us; whicli we received far exceeded a,ny damage th:tt we sustained; and we had no cause of punishment as a nation se far as we were con- thttt if any party sustained damaae it was not we ; and he goes on cerned. The treaty says that if she will open her ports the money then to read from the treaty itself, which has attached to it the sign- shall be remitted. It was to compel her to open her ports. Japan manual of our diplomatic ~gent in Japan, and in which it is a~serted had her own policy, a policy of htmdreds of years' standing, a policy that this is a consideration for losses sustained. Tha.t we bad not of exclusion. We thought it was against our interest as a commercial sustained any loss in thisla,st and final attack ma,y be true; but it nation; but she had a right to her policy; she was not bound to trade does not at all iuvolvo the position I took origina,lly, th:tt this wa,s a with anybody unless she wanted to do so. But we wanted her to punitive measure designed to brin the government of Japan to a. open her ports and let ns trade. We said to her: "You cannot have proper consideration of the rights of the United States aud other your own policy; yon cannot pursue your own pleasure; we will foreign nations into which she ha.d entered into treaty relations. In compel you to pay this enormous sum; but if you will abandon your 1863 an American merchant-ship wa-s fired into. For this the Sen- time-honored policy and throw open your ports and let us trade with ator says that ample reparation was made by the bombardment and you and extend to you our civilization and Christianity"-just as we blowing up of. several steam-vessels. That may be true; we ma,y did to the Indiaus-' 1 we will remit the money." That is what the have received remuneration for the amount of daiiL.'1ge a-ctually sus- treaty says. tained at that time; but how were the facts f These representatives Mr. WITHERS. Will the Senator read the treaty t of the great powers had, each of them or one or more of them, some Mr. MORTON. There were no paat offenses as far as we were con- of their vessels fired into, and, ina-smuch aa this was an alliance offen- cerned. sive and defensive of theso parties a,ga,inst Ja,pan, we were just as Mr. WITHERS. They fired on a vessel of ours. mnch bound under tho law of nations t.o aifl them in redressing this Mr. MORTON. They fired on a vessel, but that firing was a year grievance as if the outrage had been on a. vessel of our own Navy. before, and was paid for and the whole thing settled. But afterward I here would suggest to the distinguished Senator that it is too late she fired on the ships of other nations. now to go back behind the award of that commission and attempt to Mr. FRELINGHUYSEN. In 1863 the Pembroke, an American show that the Government of the United States, as it is claimed here, steamer, was fired into by the rebel batteries. Then the Wyoming acted aa a ruthless robber in extorting this amount from this feeble made an attack upon the vessels of Japan in those waters, ami, as the nation, because the proper time to have m:lde that issue was when diplomatic correspondence shows, punished them by sending a ball our diplom:ttic agent reported the decision of this commission, and through the boiler of one, which destroyed forty men, and by sinking when it came np for consideration at our State Department, and when the other, thereby doing a damage of $350,000, destroying that much the report from the Secretary of St:tte was sent to the Senate for con- of their property; and then Japan paid to a cent all that was de- firmation ' and the Senate confirmed the treaty in every letter a,nd por- manded of her for that transaction, besides. A year afterward, without tion of it. Then.was the time to have made the issue that it was any American commerce that ever I have been informed of, or that wron~ to have extorted this money from this weak nation. Then it the diplomatic correspondence shows, being fired into at all, Mr. was tn:tt we ought to have been shown that wo had made an unjust Pruyn employed the Takiang to join with the English, French, and claim and that bore was unclean money which would contaminate Netherlands' ships in their attack upon these batteries. The minis- and defile every other dollar iu the Treasury with which it was putl. ter of England had expressed his opinion very decidedly that no snch But after we have indorsed by our official action the conduct of onr attack ought to be made ; but the dispatch did not reach there until diplomatic representa,tive, after the Secretary of State has given his the allied powers had made the attack. sanction to this treaty, a,nd after the Sen:tte of the United States have Mr. MORTON. There waa a wrong clone which was fully indem- in solemn session given their indorsement to the whole procednre, I nified. Rev;mge was taken in the first place by the destruction of submit that it is too late now to raise the question of the considera- ships and men, and this wrong was paid for in money, :tnd after tha,t tion which underla.y the award made by the commissioners. we suffered no wrong. We after tba,t took this money for nothing. Mr. DAWES. It seems to me that it is late for ns to raise the I think that proposition is not to be changed at all. . The third sec- question. We are bound no don bt by the officiaJ action that the Sen- tion of the treaty provides: ator from Virginia has brought to our notice; and cannot set 1p that Inasmuch as the receipt of money has never been the object of the s.'\id powers- we had been wronged or anything of that kind; but this bill does not go on that ground at all. It admits that the United States com- Why not f Because they had lost nothing. If damage had been mitted itself-- done the receipt of money would be a,n object always to repair the Mr. WITHERS. With the Senat.or's permission I will state that I damage- did not illude to the bill itself as taking tba,t ground. I was reply- but the establishment of better relations with Japan, and the desire to place ing to the position of the Senator from Indiana. these on a. more sat."t:>factory and mutually advanta.geons footing is still the leading Mr. DAWES. The whole proceeding goes on the ground that the object in view, therefore, if His Majesty the Tycoon wishes to offer, in lieu of payment of the sum claimed, and a.s a. material compensation for loss anu injury United States, in all its departments and officers./ committed itself to sustained, the opening of Si.monoseki, or some other eligible port in the inland this thing, and now finds t.hat it committed it.seJf to a great wrong. sea- The f:tct that our minister in Japan recommen.me as we have at the Narrows. eight of them lost their lives. They did not fire a gun ! Let us see That he will admit, of course T how that was. The first report on this subject was made in tho 1\fr. BOGY. I admit that. House of Representatives on the 2d of February, 1870, more than six Mr." FRELINGHUYSEN. Japan did not put the batteries there, years ago. Mr. Archer, from the Committee on Naval Affairs, m:ule bnt a rebel put the batteries there whom she could not control. My the following report: friend will not deny that the Japanese government was not answer- That in the month of .July, 1863, the American steamer Porn broke was fire-d upon able to this or anv other nation for the acts of rebels that she could in the Straits of Simonoseki, in the Japan Sea, by two vessels of war, a brig of ten not control, any more than we are answerable for the acts of those mander guns and a. bark of eight ~s. belong_in~ to the.Japaneseprincoof Nagato. Com- McDougal, then m commana or the Wyoming, in the China and .Japan w born we could not control during our recent rebellion, and therefore Seaa, being informed of the attack, ordered the vessel to sea and proceedell to the I do not see the force of his argllment. He makes it· an indemnity. locality of the outrage. On the morning of the 16th of July, he approached the They were not bound to indemnify for the acts of rebels. They had Straits of Simonoseki and upon enterin" t·he straits he discovered a steamer, bark, a right to have the batteries there. and bril! of war, and as he approached them tmd passed between the brig and bark was fired npon by the vessels and six batteries on shore, Commander McDou~al 1\Ir. BOGY. I am astonished at my friend, who no doubt is a good returned the fire at short range, and placin_g his vessel in proper position ma.lll- lawyer, and I have no doubt he understands international law better tained the fight for about an hour. Tho boilers of the hostile stt>amer were ex- than I profess to do. I do not profess to be a very great international plodell by tho shell of the Wyominr;, :md the other vesst'ls were believed to be lawyer, but I will tell my friend, as a matter of law, that he is en- that badl.v llisableu, and tho brig to be smking, and Commander lfcDougal reported he had acoomplisbed grt•at destruction on shore. Having thus maintained the t.irely mistaken. Although it may be true that that prince at that fight, Commander McDougal withdrew from the action, the fire being continued moment was in a state of rebellion, all acts committed against the by the batteries aa long aa he was in range. The Wyomin_g lost four men- outside world by him involved his government in responsibility, and ! wish my friencl would pay a little attention to this report- there is no escape from it. You cannot make comp:trison by the con- dition of the Southern St-ates, because there au explanation could Tho Wyoming lost fo1u men killed and seven wounded, and received considera- dama..~o in her smoke-stack, and the rigging aloft was lml.led eleven timus aml be given, but I put it down as a proposition of law, and I am per- ble sustained other iujurie.'i, as papers will show. The straits were three-quarters of fectly satisfied my friend cannot find a single li~ written in any a mile wide, with a Rtrong current, and the want of charts greatly increased the book of international law that will sustain his -position to the con- tlifficulties of the position in the presence of a much superio~ force. trary, that any person in an empire who is holding office involves his principal in acts of aggression against foreign nations. And here I may mention that he fought that battle-1 have the Mr. FRELINGHUYSEN. I confess that I cannot agree with my exact figures somewhere-with three hundred men and I believe a friend. I do not understand that this nation or Japan would be an- comparatively small number of gUlls against thirteen hundred and swerable, even to its own citizens, for a rebellion which it could not odd men and more than ten times the number of guns. I will go on control, aml nobody ever has claimed that any nation would be. No- with the report: body has ever claimed that this nation was answerable for the forts skill The action waa maintained by Commander McDougal, his officers and men, with an(l bravery. In the .Japan Commercial News of the 24th of ,July, 1863, it at Charleston which might do damage to neutral powers. There is is thus described: "The captain, all his officers ~nd crew, behaved with the utmost no such principle. • - coolness and bravery. The Wyoming was run into the midst of the enemy's ves- Mr. BOGY. The explanation of course would be too late to show selR, receiving and returning broadsides at pistol range, at. the same time sustaining why we were not responsible when a statoof open war existed between aCommander hot and continuous fire from the shore batteries. ·• The committee believe that McDougal, his officers aml men, punislled the outrage committed upon this Government and he Southern Sta.tes, and they bad been recog- an American vessel skillfully and gallantly, and that their conduct on titles them nized as belligerents according to the law of nations. But if it were to the gratitude of their country. not so, then Japan or Mexico or n.ny of those nations could commit That wa.s the first report. Speaking, however, further upon that any acts of aggression they might please, provided they were not subject the committ~e say: done by the specific authority of the chief of the state, without being held responsible. The firing into the Pembroke and the attack upon the Wycnning were piratical acts, and have been so treated both by the United States and Japan. Prize is al- Mr. FRELINGHUYSEN. That would be fraud. lowed in piratical caaes only when the craft is captured and condemned, in which Mr. BOGY. It matters not; the fact is so that you do hold a prince case the proceeds of the capture are equally divided between the government and as but a link in a chain. We know enough of the government of the captors. Japan to know that the Tycoon and Mikado were the supreme author- If this 1arge Japanese vesse1, instead of having been blown np aml it.y, one representing the temporal and the other the spiritual power, snnk, had been captured and brought in and condemned in a prize and that a chain went from them down connecting all the princes of court, as it would have been in that case, there would haYe been no the empire with the government; and althouzh it might be true that necessity for this bill. for the time being this prince was n.t war witn. his chief, yet the acts In this ca..'ie there waa no ca.p ture, although the benefits which accrued to our he committed against the out-side world involved his chief in respon- Government were infinitely greater than if an a{ltual capture bad been made, and it sibi1ity. There can be no doubt of it, and the heading of this very doos not come within the letter of the law. Can the claim, then, rest upon the equity convention admits this fact, for the Tycoon assumed the responsibil- t.b ut the "officers and crew, constrained by a discreet and patriotic s11nse of duty," ity of tho acts of this subordinate. fought" three :piratical or hostile .Japanese vessels," and sunk and destroyed two, and that the Umted States subsequently justified their conduct, by conclmliug a con- Therefore it seems to me that this was a treaty by high function- vention with ;Japan, whereby she received a full indemnity '# Tbe con!luct wa-s aries representing four of the leading powers of the world with tbi.~ gallant ; it aided to suppress formidable hostilities to our commerce, and contrib- empire of Japan, by which the empire of Japan stipulated to pay for uted to securing the convention of October, 1864- wrongs done by it for years past a given sum of money; we have re- That is the• treaty in question- ceived our portion, which was less than $800,000; and now, twelve or whereby an indemnity was received far beyond the injuries done to the Pem- ten years after, we are called upon to refund that money, not only the broke and W"yoming. The sum of 1650,000 has been paid to our go"Vernment by principal but we are called upon to refund the money with interest., .Japan as indemnity, and is now in registered bonds, subject to appropriation by and I think if the calculatiotl is made it will be found to be com- Congress. The committee think it proper that prize- money be allowed out of the pound interest. The amount is said now to he nearly $1,500,000~ money received under the convention. w bile we received 785,000 ; and you cannot n.t the rate of 5 per cent. :Mr. BOGY. What is the date of that report T interest make that sum double itself in ten or twelve years' time; Mr. THURMAN. It is the first report, and was made February 2, therefore there is here compound interest. We are called upon to 1870. return the money with compound interest. . Mr. BOGY. And what is the amount named T If the law bad been obeyed, a-s stated by the Senator from Ohio, Mr. THURMAN. Six hundred and fifty thousand dollars. [Mr. Smm rAN,) and this money bad at once been turned over into Mr. BOGY. Ithinkmyfriend from New Jersey stated it at$785,000. the Treasm·y, as it 'ought to_have been, there would have been no dis- Mr. FRELINGHUYSEN. A portion alone at that time had been Cllssion of this kind; but it has been held as a. specific fund, as a trust paid. The other installment raised it to $785,000. . fund, and it has been inviting this thing for years. I have heard Mr. THURMAN. A subsequent report was m:ule by Senator Scott, such a discussion before; I he&rd of it in the Committee on Foreign of Pennsylvania, than whom a more careful man never was in this Relations; but I have never beard a single good reason w by this sum body, a-s I think all will agree who knew him. The bill then in- of money should be returned to Japan. It may be good policy in the cluded the case of the Kearsarge. That was stricken out of the bill . estimation of certain Senators, lmt there is no good reason founded because there was no reason in the world why the officers and crew of in that sense of justice which should govern tho relations of one na- the Kearsarge should be paid out of this Japanese indemnity fund. tion with another; but if we are t.o return the money we ought to They were put upon a separate bill. That case is precisely analogous return the whole of it, and not make any appropriation of a portion of to this case. They did not capture the Ala,bama; they sunk her; jntit it uy way of prize-money to me:ri. who did nothing, who never fired a as McDougal blew up one of the Japanese veE~sels, their largest vessel, gun. The Senator from Indiana says these men never fired a gun, never a vessel larger than the Wyoming too, and sunk another, and silenced expended a single grain of powder. He so stated here this morning their shore batteries. We paid the officers and crew of the Kearsarge, that they did nothing, that they only gave t.heir moral support. That and upon the same principle we ought to make this allowance to the wa.s sed slowly on, shelling tho forts with such an effect as to silence such of them as received ber fire. The men in the forts which received the destruction of the Alabama 190,000 was appropriated, the full shells from tho Wyoming were observed to rush off and to jump from tho heights estimated value of the Alabama; and here permit me to say that the in such a precipitate manuer as to lead to tho belief that the shells must have told sum which this second sec~ion proposes to give to the officers and crew with greater effect and done more damage than the Japanese anticipated. of the Wyoming is less than they would have received had the ves els The bark and the brig Lanrick-the two vessels which firoo on the Pembroke- were still there, and another •es~el also, the steamer Lancefield. Those vessels that they sunk been brought into a prize-court and condemned, for lay closo under the town, the bark being inside, the Lanrick next to her, antl the the testimony is conclusive that one alone was worth at least $300,000. Lancefield out ide, with steam up, and a great number of men on board, appar- The officers and crew would have been entitled to one-half if she had ently making/reparations to approach and board the Wyoming. Captain Me- been captured and brought into a prize-court and condemned. Here Don aal ordere the Wyoming ro bo taken between the Lancefield and the Lanrick, and j}repared to give each of them a broadside in passin"'. The Lanrick fired first, we propose to give them only $125,000; but in the case of the Koar- but tmrnedia.tely after the Wyoming delivered her broa'aside on the two Japanese sa,rge we gave the value of the Alabama, $190,000. vessels and sent a ball through tho stern of the Lanrick in such a way as to leave These are some out of the numerous precedents that might be cited her apparently sinking. The Wyoming moved on slowly, firing into the forts of t,he town as she went, and rna~~ a curve to enable her ro return fire on tho ships to show that it has been the rule and policy of this Government to again ; but, as she was turning, tne Lancefield moved on across tho track of the recognize such deeds of gallantry and heroism as marked the conduct Wyomin~, further into the bay, to escape at the western outlet, hut the Wyoming of McDougal and his seamen and sailors, and I hope never to see t.be while cm·ving brought her great pivot-gun to bear on the Lancefield in her new day when this Government shall refuse to recognize such services. position, and sent a ball right through her boiler, causing her to blow up, and scat. taring destruction throup;h every part of the vossel; steam, cinders, &c., were We have bad a small Navy. This Government never had a large one; hlown out in all directions, and such of the crew as were nut immediately over- not oven in the civil war did we llave what could be called a large whelmed jumJ?ed overboard. Tho Wyoming returned uuuer 3: lack fire from the and effective NavJ; but no government, not even Great llrita.in hor- forts, and baVlng done all that she deemed nccess;1ry for that time, she returned to self, ever hnd a navy that shed more luster upon the country than tlw Kanap:awa to report what had t:J.ken place. She arrived here about two a. m. on the 20th of July. 'rhe engagement lasted an hour and t.en minutes. The Wyoming Navy of the United States has shed upon ours, and I, for one, mnst received eleven shots, and ha.d fonr men killed in action and seven wounded, one say that, so long as I have a vote, conduct such as that which I have of whom died on the passage book. laid before you from these reports shall receive my recognition. The committee say in respect to this fund: Mr. BOGY. I yielded to my friend to make an explanation, but he It is also manifest that the officers and crow of the Wyoming did their duty gal· has made so good a speech that I will ask him to include that speech lantly, and that the fund now invested in bonds is really the product of their serv- as part of my own. [Laughter.] That is the only indemnity he cau ice. If it were proper to institute a comparison of deserts as to payment out of give me for taking my time. this fund, no other officers or men of the Navy can present stronger claims to it I will say no more on this subject; but call the attention of the than those of the Wyoming. Sen:1.te to the fact which I .s tated two or three times before, that this I might read from three other reports, all to the same effect; one sum of money was not only to cover the expenses of the expedition made by Mr. ANTHONY, from the Committee on Naval Affairs of the of the joint powers, but a~ indemnity for wrongs committed by the Senate, one by Mr. Myers, from the Committee on Naval Affairs of empire of Japan not only upon the commerce ef the United St:~~tes, the House, and the report now before us made by the Senator from but for wrongs committed in the very act alluded to by my friend New Jersey, from the Committee on Foreign Relations. Here, then, from Ohio. Some of our men lost their lives, a serious engagement are two reports in the House a.nd three reports in the Senate, all to took place, and for all these numerous acts of ~~gression the sum of the same effect. $785,000 was allowed to us. This sum is insignincant, and I think so I said something about the number of men. McDougal had six far from its having a good effect to pay the money back now, it will guns and one hundred and sixty men. The piratical prince had only be telling Japan, "We did hector over you and we did take ad- thirty-four guns and about thirteen hundred men. As I said on a vantage of your weakness; we were strong enough to do it; but we former occasion, this action of McDougal, at pistol-shot range, with in a spirit of policy, because we want to trade and have commerce one vessel unsupported by any other, has been called in my hearing hereafter, will return you the money." It will be adding insult to by as gallant. officers nsare in the American Navy, "Dave McDougal injury. The treaty has been made, and I think the facts read here running a muck." There is not in all the history of our Navy any- sustain the propriety of that treaty; and I am therefore opposed to thing more gallant, anythiug that sheds greater luster upon the paying back any portion of the money whatsoever to Japan. bravery, the skill and the fortitude of our sailors and seamen than The PRESIDING OFFICER. The question is·on concurring in the this action in the Strait of Simonoseki. There is no principle involved amendments made as in Committee of the Whole. in this matter that has not been again and again affirmed. Again The amendmentS were concurred in. and again bas our Government awarded prize-money where there Mr. KELLY. I offer two amendments changing the phraseology was no legal right to it at all, but where the services were great, of the second section of the bill. meritorious, and such as ought to be recognized by any government The PRESIDING OFFICER. The amendments will be reported. that wants to maintain its naval force, that wants to stimulate its The CHIEF CLERK. In section 21 line 3, it is moved to strike out army and its navy to great and heroic deeds and recommend their the words "bounty, ransom, or priZe-money, on account of," and in- services to the country. This case falls within that c~tegory, and sert "gallant, meritorious, or specially valuable services in," so as to ha~ been established by numerous precedents, some few of which I read, "claims of the officers and crew of the United States ship Wyom- ask my friend to allow me to read, begging his pardon for occupying ing for gallant, meritorious, or specially valuable services in the de- his time so much. Let us see some of them. · struction of piratical vessels on the 16th of July, 1863, in the straits Congress voted to the officers and crew of the United States frigate of Simonoseki." Coustitution for the destruction of the British frigate Guerriere $50,- Mr. FRELINGHUYSEN. I see no objection to that. 000, to be distributed as prize-money, when there was no law for that Mr. CRAGIN. It seems to me there is objection to striking out the allowance. words "in the nature of prize;" this simply comes within that con- Mr. CRAGIN. Allow me to say right there that in that engage- sideration. ment there were only seven men killed and seven men wounded on Mr. FRELINGHUYSEN. There are more extended words put in the Constitution, about the same number as on the Wyoming; and the place of them. The friends of that measure have prepared it, the Guerriere wa-s destroyed. the Senator from Ohio and the Senator from Orego)l. I have no ob- Mr. THURMAN. Sunk. jection. Mr. CRAGIN. The same as these vessels in this case. Mr. CRAGIN. Very well. Mr. THURMAN. To Captain William Bainbridge, his officers and The amendment was agreed to. crew, for the destruction of the British frigate Java $50,000 was voted The CHmF CLERK. The next amendment of the Senator from Ore- to be distributed as prize-money. That required a special act of Con- gon [1\Ir. KELLY] is to strike out of the same section, lines 11 and 12, gress. There was no L'tw under which they could get prize-money. the words ''either in law or equity to be justly chargeable against To the officers and crew of the sloop of war Wasp, for the capture this fund" and insert "to be worthy of special recogmtion," so as to of the British sloop of war Frolic, 25,000 was voted. read, "and if in his judgment they are found to be worthy of special To Captain Oliver H. Perry and the officers and crew of his squad- recognition, then he is authorized and directed, in full satisfaction ron, for the capture of British vessels on Lake Erie, September 10, thereof, to cause the sum of $12G,OOO, reserved from said indemnity 1813, $255,000 was voted; and to Captain Perry $5,000 in addition to fund, or such part thereof as in his judgment shall be just and equi- his share of the aforesaid sum. Joint resolutions of Congress were table, to be distributed amon~ said officers and crews." pa.ssed expressing thanks to Captain Perry, his officers, and crew for The amendment was agree<1 to. tl1e aforesaid service, and requesting the President to present suit- Mr. HAMILTON. I move now to strike out the second section. able medals and a sword to each of the commissioned officers and The PRESIDING OFFICER. The Senator from Texas moves to giving to each petty officer, seaman, and marine three months' pay strike out the second section of the bill. in aduition to regular pay ; and that in addition to the previous vote Mr. HAMILTON. I beg to say a word. It seeiDB to be conceded I have mentioned. generally that the United States did not acquire this money from The next case is the grant to the officers and crew of the sloop of Japan properly. If that is so, the Government cannot keep any por- war Wasp, for the capture and destruction of the British vessels tion of tho interest which has accrued on the fund; and s{:1llless, in Reindeer and Avon. Congress had given them $25,000 for capturing my judgment, can the Government of the Unitecl States pay for meri- 1876. CON<1RESSIONAL RECORD-SENATE. :341.9 torious services to any officers or seamen of this country out of a fund stood by the Senate when the vote was ta.ken, and I hope the vote that does not belong to the Government of the Unit.ed States, whet.her will be taken over again. it is in tlle sha.pe of bounty, prize-money, or a mere d{)uceu?', If the :Mr. SHERMAN. I have no objection to that being done if Sena- money belongs to Japan, it ought to ~o back to Japan, t.he whole of tors say they misunclorst.ood the amenclrueut. it, and all that has accumulated upon 1t. We ought to make a decent The PRESIDING OFFICER. Is tllere objection to reconsidering joL of the thing and end it. I move therefore to strike out the entire the vote by which the amendment of the Senator from Ohio was section. agreed toT The Ch~ir hen.rs no objection, and the amendmeut is be- Mr. THURMAN. I have only one word to say in reply to that. fore the Senate. Those who favor the first section of the bill, everybody admits that Mr. SHE;RMAN. I wish to change the phraseology of the amend- we were entitled to receive from Japan, not merely what would pay ment a little. It is a little obscure as it now reads. the actual injury to the Pembroke and the Wyoming, the two Amer- Mr.FRELINGHUYSEN. lhopetbeamendmentwillnotbeadopted. ican vessels that were injured, but such sum as would fairly and We really have had a vote upon it once this morning. It is only a properly reward our officers and sailors who were engaged in that change of words, repeating the same proposition. I call for the yeas undertaking-that is, a proper indemnity-and there is not a. word in and nays. the second section of the bill that is inconsistent with the first sec- The yeas and nays were ordered. tion, not one word. Mr. SHERMAN. This would simply leave the matter to stand as The PRESIDING OFFICER. The question is on the amendment if the money ha.d been p'lid, as it ought to have been paid under the moved by the Senator from Texas. existing law, into the Treasury of the United St.ates, and it wonlrl Mr. HAMILTON. I ask for the yeas and nays. give the government of Japan the balance of that sum, whatever it The yeas and nays were ordered. was, $785,000, less $125,000 and the amount previously named, which Mr. BOGY. The second section is confined alone to the question of I think is 19,000. iudemnity, is it not f . Mr. FRELINGHUYSEN. This money was used by the Govern mont The l'HESIDING Ol!..,FICER. The section will b~ read, if the Sen- as we received it, to pay our troops in the fielU. If we had not lla.d ator desires it. this money we should have been obliged to have paid interest on it all Mr. J<~RELINGHUYSEN. It is confined entirely to indemnity in the time. the nature of prize. Mr. SARGENT. I should like to ask my friend if he is literally The Secretary proceeded to call the roll on the amendment of Mr. correct in that statement. I understand this money was put into a HAMILTON. separate fund by itself, into United States bonds; that it never ha.s Mr. PADDOCK, (when his name wa-s called.) On this question I been used for any purpose whatever by the United States, but simply am paired with the Senator from Florida, [Mr. CoNOVER.] If h\} ha.a been rolling over like a. snow-ball, and gathering its accumula- were here, be would vote "na.y,'' and I would vote "yea." tion. Mr. MAXEY. On this question I am paired with the Senator from Mr. FRELINGHUYSEN. The money is not kept in the State De- Now Jersey, [Mr. RANDOLPH.] If he were present, he would vote in partment. The money was sent to the Treasury and used to pay our the negative and I in the affirmative on this motion. troops, and the account wa-s carried the same as we would be obliged The roll-call having been concluded, the result was announced- to ca.rry an account~ we had borrowed the money from anybody yeas 15, nays 29; as follaws : else. YEAS-Messrs. Booth, Bontwell, Cockrell, Dawes, Hamilton, Harvey Howe, In- Mr. MORRILL, of Vermont. May I ask the Senator from Ohio g:.ills, Key, Logan, McCreery, McMillan, Mitchell, Wadleigh, and Wright-15. whether his amendment returns to the Japanese government the NAYS-Messrs. Allison, Anthony, Bayard, Bogy, Bruce, Uameron of Pennsylva- ·amount which we originally received from them, after deducting this nia, Cameron of Wisconsin, Caperton, Christi:mcy, Conkling, Cooper, Uragin, Eaton, 125,000 from the amount that they paid f Frelinghuysen, Hamlin, Johnston, J onos of Florida, Jones of Nevada., Kelly, Ker- Mr. SHERMAN. It does deduct, as I understand, the $125,000. nan, Morrill of Vermont, Patterson~naom, Sargent, Sherman, Spencer, Thurman, Windom, and Withers-29. Mr. MORRILL, of Vermont. Would it not be better to leave the ABSENT-Messrs. Alcorn, Barnum, Burnside, Clayton, Conover, Davis, Den- exact amount and say nothing at all about that f nis, Dorsey, Edmunds, Ferry, Goldthwaite, Gordon, Hitchcock, ,\f:cDonald, Maxey, Mr. SHERMAN. I think, as we had to lose some valuable lives Morrimon, Morrill of Maine, Morton, Norwood, Oglesby, Paddock, R~.ndolph, Rob- ertson, Saulsbury, Shl\ron, Stevenson, Wallace, West, and Whyi.e-29. and had a very severe battle, which my colleague seems to think was one of the great events in America.n history, we ought to have that So the amendment was rejected. returned to us at all events. We ought to get that much of the fund. Mr. FRELINGHUYSEN. I would move to amend the first section, The PRESIDING OFFICER. The question is on the amend.Iilent in the sixth line after the word "authorize," by inserting "after de- offered by the Senator from Ohio, [Mr. SHEruiA.N.] ducting all payments properly chargeable to the said fund;" so as to The Secretary proceeded to call the roll. read: Mr. MAXEY, (when his name was called.) On this question I am Tha,t the President be, and hereby is, authorized to reserve from the Japanese paired with the Sen~tor from New Jersey, [Mr. RANDOLPH.] If he indemnity fund the sum of 125,000 to be used in the matmer hereinafter provided, were present he would vote "nay" and I should vote "yea." and is further authorized, after d~ucting nJl payments properly chargeable to the Mr. PADDOCK, (when his name was called.) On this qnestiou I said fund, to pay over to the government of Japan the residue of said indenmity fund, &c. am paired with the Senator from Florida., [Mr. CoNOVER.] If he were here he would vote "nay," and I should vote " yea" on this amend- The amendment was agreed to. ment. Mr. SHERMAN. I now offer the amendment that I suggested a Mr. WITHERS, (when his name was called.) I will state that I while ago, to insert in theeigh.thlineafterthe word "Japan" "the prin- am paired with the Sena,tor from Indiana, [Mr. MoRTON.] If present cipal sum received from the government of Japan," so as to confine he would vote "nay," and I should vote "yea." the payment to the refunding of the principal sum, less the payments The Secretary resumed and concluded the call of the roll, which already ma,de. The amendment of the Senator from New Jersey just resulted-yeas 22, nB.ys 21; as follo\VS: made causes a repetition of the words" government of J,000 the expenses of the expeuition." (Diplomatic Correspondence lg64-'65, part 3, pa~e 55.1.) will go to the officers and crew of the Wyoming, for they had a largo number of officers and a large number of men. Less than $2.5,000 will Here follows wha.t was read l)y the Senator from New Hampshir.e, go to Commander Pearson and the men who are nuder him. the thanks of the British admiral. But Jt. does not stop there: I hope this amendment will not prevail. " Ensii!D Pe:m~on, of tl1e Jamestown, who wa8 placed in commam1 of the Unitetl Mr. HOWE. I had ecn this testimony of Mr. Pruyn and the British States chartered steamer Taki:mg, I am happy to say, com1uctehed to keep out of <'\&~ago of the straits, irfviting the United States to give tho moral there by the crew of tbe Jamestown. force of their preson<~e and to participate in the action. We had at Yokoh:unn. at Mr. THURMAN. Not in the least. the time but one ship, the Jamestmvn, a sailing-vessel, anu as the current in the Mr. HOWE. It wa.s the crew of the boat. straits was very mpid, it was deemeu best to '1harter a small steamer calleer 4, 5, 6, 7, and 8, some seventeen men from the James town, with Pearson and three offi- 1864. cers, went on her. Lieutenant Frederick Pearson, of the Jamestown, was placed in command of the Mr. HOWE. Seventeen men of the Jamestown went on board un- cLartcred steamrr T&kia.ng by Captain Plica, commanding the Jamljstown, under the following orders. donbtedly, bnt the crew of the boat was on boai·d also. My friend from Wisconsin will find that the Takia.ng was no mer- Mr. THURMAN. If they did, how many did they amount to f chant-ship with a merchant-crew. She was chartered to join in that Mr. HOWE. I do not know, bnt the charter of the boa.t will show <'xpedition because she was a steamer :mel the J a.mestown was a sail- that. ing-vessel, and the currents were such there that a sailing-vessel Mr. FRELINGHUYSEN. I hope we shall have a vot.e. would not be under command a~ a. steam-vessel would be, and she was The amendment was rejected. manned entirely by the sailors of the Jamestowu. This order was The bill was ordered to be engrossed for a third .reading, and was given to Lieutenant Pearson: read the third time. UNITED S'fATES STEAMER JAM.RSTOWN, Mr. SARGENT. I call for the yeas and nays on the pa.ssage of the Yokohama, Japan, Auyust 11, 1864. bilL Sm: You aro hereby appointed to tOO commantl of the chattered steamer Ta. The yeas and nays were ordered; and the Secretary proceeded to kia.ng, and will proceed in her to the Straits of Simonoseki to act in concert with call the roll. the hll:lty powers, who will appen.r in large force at that place. Mr. COCKRELL, (when his name was called.) On this question The ob.jcct of sending tho Takiang is to show the American flag there, and to manifest to the Prince of Na..,O'fl.to that we are in accord with the other treaty pow- I am paired with the Senator from Nevada, [Mr. JONES.] If present ers, and equally demand with them the passage through the straits without lot or he would vote "yea," an~ I should vote witb much pleasure "nay." hinderance. Mr. MAXEY, (when h1s name was called.) On tlle pa.s..'lage of the .As tho steamer under your command is not a man-of-w!JJ' or prepared to attack bill I am paired with the Senator from New Jersey, [Mr. RA~moLPn.] the forts, yon. will r enuer any and every other aid in yom power to promote the common object-such as towing boots, landing men, anictory to the fleet~. the Japan session the doors were re-opened, and (at five o'clock a.nd twenty min- prince making an unconditional surronder, and, according to Minister Pruyn, utes p.m.) the Senate adjourned. ) CONGRESSIONAL RECORD-HOUSE. MAY 31, HOUSE OF' REPRESENTATIVES. mado then the Chair must hold it as well made, and needs not now to be repealed. The Chair must further hold that it is now com- WEDNESDAY, May 31, 1876. petent for t.he House to disregard the order made on Monday and proceed to the consideration of the bill assigned as special order for Tho Honse met at twelve o'clock m. Prayer by Rev. J. G. BUTLER, this day. D. D. Mr. DURHAM. I wish to make another inquiry. Will my bill take The Journal of Monday last was read and approved. precedence after these other special orders are through t MESSAGE FROM THE PRESIDENT. The SPEAKER. Is the order making the gentleman's bill a special A. message, in writing, from the President of the United States was order one that runs from da.y to day! presented by U.S. GRANT,jr., one of his secretaries. Mr. DURHAM. Yes, sir. The SPEAKER. The Clerk informs the Chair that it is a special MEXICAN CLAIMS COMMISSION. order running from day to day, and therefore the gentleman's bill Mr. MONROE. I ask unanimous consent to make a. report from will not be injuriously affected by this proceeding. the Committee on Foreign Affairs touching some points connected Mr. DURHAM. I understand the Speaker to decide my bill comes with the Mexican cla,ims commission. This report does not ask a.ny in after these special orders. action at the present time ; it is designed only to be printed and re- The SPEAKER. Subject, of course, to the action of the House. ferred to the Committee on Appropriations for their action. Mr. HOUSE. Has not the Louisiana election case precedence f There being no objection, the report of tho Committee on Foreign The SPEAKER. It would, but the Chair called it in proper time Affairs recommending the adoption of the following amendment to and order and no one responded. the sundry civil appropriation bill was presented, referred to the .Mr. HOUSE. I responded and was endeavoring to get the ear of Committee on Appropriations, and ordered to be printed: the Chair to insist on it. I insist on it now. That so much of the o.ppropri.'\tion heretofore made for salaries of the United The SPEAKER. The Chair must accept the gentleman's state- Sta tea and Mexican claims commission aa may remain unexpended on the 30th day ment. of June, 1876, as shall be necessary for the purpose may be used in payment of sal· Mr. liOUSE. I was on my feet enden.voring to get tho attention aries of the a o-ent, secretary, clerks, translators, and messengers at the rates now of the Chair. respectively a 11owed to t.hem for a period not to exceed six months from the 1st day The SPEAKER. The Chair must accept the statement of the gen- of July, 1876; and theunE.Ixpended balance for contingent expenses may be usodfor the continge11t expenses of such commission for alike period ; and that the amount tleman from Tennessee. which m:t.y remain unexpended on the 30th day of J nne, 1876, of the appropriation Mr. RANDALL. The Louisiana contested-election case, as well as of the salary of the nmpire, or so much thereof as may be necessary for the pur· the bill reported from the Committee on Military Affairs by the gen- pose, may b('. expended under the direction of the Secretary of State in acknowl· edgment of the service of the umpire. tleman from Ohio, come over as unfinished business. The SPEAKER. So the Chair understands, but the election case is REPEAL OF THE SPECIE-RESUMPTION ACT. of higher privilege than the other. That is the on1y difference there Mr. JONES, of Kentucky, by unanimous consent, submitted the is between·them. followinll resolution; which was referred to the Committee on Bank- Mr. DURHAM. I rise to the question whether or not my bill shall ing and uurrenoy: not be considered; and I ask the Chair to Jmt it to the House. Resolved, That it is the sense of this House, M well we believe of the country at The SPEAKER. Undor the circumstances the Chair must take the large, that the Congress of the United States should without delay pass a bill un- sense of the House, therefore, as to whether it will now proceed with conditionally repealing the act approved January 14, 1875, entitled ".An act to pro· the further consideration of the question of privilege. vide for the resumption of specie payments," or so muoh of said act as requires re- Mr. DURHAM. I ask unanimous consent of the House to state Rumption at any fixed time; that the bill shonld prohibit any further contraction of the existino- currency, and, if necessary to meet the demands of the commercial why I now press my motion. and industiful interests of the people, it should provide for its increase; that it Mr. MOREY. Before that is done, I rise to a personal explanation. shonld provide for the gradual abolishment of the national-bank system and the The SPEAKER. The gentleman can do tha.t after the Honse hn.s displacement of its notes with United States notes which require no interest; that ordered what business it shall proceed with. it should also provide for as Blloody a return to gold a.nd sih•er, the constitutional basis of our currency, na the Circumstances and exigencies of the com1try will per- Mr. MOREY. My remarks will have a bearing on the propriety of mit, to the end that the people may have hope and E.lncouragement that so soon as taking np the contested-election case now. I think if the gentleman practical and wise legislation can effect it they may be relieved from the distressed will listen one or two moments, he will not press his case against conilition under which they now labor. this. INTERNAL-REVENUE TAXES PAID BY RAILROADS. Mr. DURHAM. I have no objection to hearing the gentleman's ex- Mr. BAKER, of Indiana. I ask unanimous consent to offer a reso- planation, but I wish to state to the House why I am pressing my lution of inquiry, asking information from the Secretary of the Treas- business. ury. I trust there will be no objection to it. The SPEAKER. Is there objection to the gentlamq,n from Louisi- The Clerk read as follows: ana mal~ ing a personal explanation t Resolved, That the Secretary of the Treaaury, if not incompatible with the pnb- There was no objection. lio service, be, and he is hereby, requested to report to this House the amount of PERSONAL EXPLA~ATION. internal-rev('nue taxes paid by the Baltimore ant, and I can therefore properly House. That motion he has made, and I submit he is entitled to a speak of the matter now. vote upon it. Were it not that it is possible that I may not again after to-day The SPEAKER pro tempore. The Chair desires to state to the gen- have the opportunity to speak on this floor, I should have remained tleman from Ohio that in the matter of priority of business the Chair silent under the prejudice created by the testimony of this witness will put the question first on the question which is of the highest until I could call witnesses of the highest respectability to disprove privilege. If the Honse declibes to take up that, he will then put every charge made by this black-mailer. This opportunity is given it on the next highest question of privilege. me through the courtesy of the Louisiana committee, and my wit- Mr. GARFIELD. What is the second question of privilege any- nesses are awaiting my arrival in New Orleans, for which place I de- how¥ part as soon as my contested-election case is disposed of. The SPEAKER pro t-empore. Tbe unfinished bnsiness, being the bill I wish now to distinctly deny any and all charges and statem~nts of the gentleman from Ohio [Mr. BAI.'fli.TJNG] in relation to the Army. made by this witness that in any manner impugn my honor or in- . Mr. GARFIELD. Then there are three questions of privilege f tegrity, and to declare them to be absolutely untrue. The SPEAKER pro tempore. Yes; there are three questions of I wish to say to my friends on this floor on both sides of this House privilege pending. that for the many expressions of their con£dence given to me since Mr. MOREY. I rise to a parliamentary inquiry. If the gentleman this slanderous testimony was first published they have my warmest from Tennessee [Mr. HousE] should now see fit to yield twenty min- grat;itude. What has been most gratifying to me is that the strongest utes to the gentleman from Kentucky, [Mr. DURHAM,] cannot that tokens of it have come from those with whom I have had the pleasure be done by him without losing any of his rights t of serving the longest and who ha\e had the opportunity of know- The SPEAKER pro tempore. If the House, by unanimous consent, ing me best. It would be a poor compliment to them, indeed, were agrees that that order be taken, it can be done; but t.he Chair must I to suppose for a moment that they had any sympathy with wrong- first put the question on the consideration of the contested-election doing. On the contrary, I take it as an evidence of their belief that case. I have done nothing unworthy or dishonorable. Mr. DURHAM. I do not want to lose any rights I have, and I now I wish to say in conclusion why I desire that this contested-elec- raise the question of priority of consideration. I desire to save my tion case should be taken up now. The Louisiana Investigat'.ng Com- rights all through this matter. mittee have gone to Louisiana. They are now in session. They have The SPEAKER pro tempore. The gentleman raises a point of extended to me the courtesy of calling my witnesses for the purpose orderT of disproving this slander. My witnesses are there now awaiting my Mr. DURHA,M. No; I raise the qu('stion of consid.eration. arrival to be examined; and I think in justice to myself tha~ the case The SPEAKER pro tempore. The Chair deems that the contested- should be now allowed to proceed. The gentleman from Iowa, [Mr. election case is of the highest privilege, and the question on its con- McCRARY,] I understand, first has the floor. At the conclusion of sideration must first be put to the House. his remarks he desires to submit a proposition to the House. If the :Mr. DURHAM. Very well, sir. House see fit to entertain it and vote on it, there may be no neces- The question was put on the question of consideration of the COl\- ity for any further remarks in the case. If, however, the ~onse tested-election case; and on a. division there were ayes 97, noes not decide to go on with the case to its conclusion, then I will take the . counted. floor, to be followed by the gentleman from New York [Mr. BEEBE] So the motion was agreed to. to close the case. That I understand is the arrangement. I thank the House for its indulgence in permitting me to make this COJ\TTESTED ELECTION-SPENCER VS. MOREY. explanation. The House resumed the consideration of the contested-election case ORDER OF BUSINESS. of Spencer vs. Morey from the fifth district of Louisiana, upon which Mr. DURHAM. I desire to state why, under the privilege granted Mr. McCRARY was entitlecl 1.o the floor. 3424 CONGRESSIONAL RECORD-IIOUSE . MAY 31. . Mr. BANNING. If it is in order I would like to hear it indicated Now, Mr. Speaker, this House bad almost exactly this question bu- how long this case will take for consideration. fore it in a case which arose in t he Forty-second Congress where, in The SPEAKER pro tempore. Tbat will Le for the House to deter- the State of Virginia, the officers of tbe election were not aware of a mine. change which had been made in the law of that Stat e regulating Mr. MOREY. It will take until :thout four o'clock, or three hours elections. In ignorance of a change of the law they numbered all long r. . . ballots cast. Their act.ion wa-s clearly illegal and in violation of tho Mr. McCRARY. Mr. Speaker, what I desire to submit to tbe House rule which protects the secrecy of the ballot. Although t.ho judges in reference to this case may be very briefly stated. I know how dif- of election did in that case violate the law in that particular, the fi cult it is for members of this Houtle to give that attention to the House declared that inasmuch as the officers who numbered the bal- details of these cases of contested elections which they ought to give lots acted honestly and no harm waR done to any body the vot e to them, and yet I think every gentleman will agree with me that there should not be excluclecl. This was decided by this House in favor of is no subject upon which we are called upon here to Yote which ought a democrat when we had a two-thirds majority on the l'epublicau to receive at our hands more careful conside1·ation; for in this matter, side. I refer t.o Braxton vs. McKenize, Forty-second conbrress. Mr. Speaker, we sit as judges of the law and as jurors to consider To show the grounds upon which the Honse proceeded in that case a.nd pass upon the facts, and weare called upon to act with that care, let me read a sentence or two from the report of that committee: deliberation, fairness, and impurtiality which should characterize a We are further of the opinion that the numbering of the ballots cast at an eleo. court of justice. tion, in the absenco of a st.atute expressly so dcclarin~ , docs not of itself inv:lli- I have no patience whatever with :1 practice which has been too com- ing. :m election, unless some injury is shown to have resulted to the party com plain- date mon, of deciding these cases with reference to the political views of the parties to them. I do not say this, M.r. Speaker, for the first time· That is what I want to call to t.he attention of the Honse. stltuding here in the minority, for the record will show that when In Virginia the law which was in force until near the time of this election in question this provision r epealed. It seems thn.t a.t a few precincts the officers st aniliug here with a large majority of my polit.ical friends I assumed of election were not advised of this repeal, and consequently numuorod the ballots and to the best of my ubility maintained this position; the record as they had boon in the habit of doing before. Although it wonltl be possible from will show that during the Forty-second Congress the Committee of the nnmberin~ of the ballots to ascertain bow each person vote d, it is not claimed in Elections reported to this House seventeen contested-election cases, this case that this wa-s done or that the tickets were numbered for any such pur- and that of that n·umber eleYen were decided in f:tvor of gentlemen pose or for any improper or tmlawful purpose whatever. belonging to the minority in the Hom:e. There was one ca,se in which And so I say here that, althongh the law required t.he bn.llots toLe both parties belonged to the majority, and in that case the seat was canvassed at the place of voting, yet there is no pretense that the.v declared vacant. I think, therefore, Mr. Speaker, that I cannot be were carried to the county seat for the purpose of any wrong or wi th charged with any improper motive when I ask the House to consider any intent to commit any fraud, but rather under the honest im- this case without any reference to })Olitical or partisan considerations. pression on the part of the elect.ion officers that the law still required Now, sir, there are four things, either of which the House may do the ballots to be canvassed at the county seat. in this case: it may resolve that the contestant, Mr. Spencer, was Now, sir, in such a case as that I submit to the House that where duly elected; it may resolve that the sitting member, Mr. Morey, was the evidence is clear that the ballot-box was carefully and scrupu- duly elected; it may determine to declare the seat vacant, and refer lously guarded, that every ballot was fairly and honestly conqted, tho matter back to the people o-f the district for their decision; or it where there is uo uttack npon the fairness or honesty of the etllnt, may decide to order that fnrther testimony shall be taken in order to the House ought not npon a mere technical ground take it for granted arrive at a jnst conclusion. that these officers of election, ignorant of the change made in the law, In my opinion, :Mr. Speaker, the least that the House can do in fair- did not act in good faith in taking this ballot-box to the county eat ness and in justice is to adopt the last of these propositions. I do in accordance with tho Jaw previously prevailing, and there making not lJelieve that under the testimony in this case the Honse ought to the canvass. I think, therefore, that this precinct should. be counted. resolve that Mr. Spencer, the contestant, was duly elected to repre- But I submit that, if the Honse is not of the opinion that it should bo sent this district. The House must bear in mind th:tt in order to counted on this evidence, the least the House can do is t.o order reach this result it is necessary to exclude altogether from the count further and more satisfactory testimony as to the real, honest vote of a. very large number of votes, by throwing out the whole vote of sev- the electors in that precinct. Now, as to the voteH iu the first, second, eral of the wards or voting precincts in the district. The majority and third wards of Carroll P:ll'ish; they are all thrown out upon the of the committee have recommended to the House that precincts ground that the returns which the law required to be sent to the giving the sitting member a. majority of 2,244 votes shall be rejected. county seat a,nd deposited with the clerk of t.be court ~re not to be They recommend that the vote of the :fifth precinct of Concordia found on file in the proper office. It seems, siT, that for some unex- Parh;b shall be excluded altogether, and that the vote of the first, plained reason the returns were lost or stolen; at all ovents they second, and third precincts of the parish of Carroll shall also bo ex- are not to be found in the proper place, in tbe custody of the clerk cluded. Those precincts on an ag~regate gave to thE' sitting member of the court; but it is conceded on all hunds that no blame attaches a majority of 2,244 votes, and it IS proposed that they shall be ex- to the sitting member in regard to that matter; there is no pretense cluded altogether in ordm· that the ~ontestant sba.ll be seated. that he had any connection with any scheme for abstmcting the re- Now, :Mr. Speaker, if this is a necessary conclusion, if there is no turns from the proper office, and the only question before the Hou e alternative but to exclude from the count altogether such a large is (it being conceded that there was an election in Carroll Parish) proportion of the district, then of course the House will have to whether we have sufficient evidence as to the result of that election meet that alternative. But, sir, it is a well-sett.led rule, and one to in the precincts in question. It is simply a question as to the suffi- which the House always adheres, that a.whole precinct or a whole ciency of the proof. Now, upon that subject I admit that there i!i county, embracing a large number of vot.es, shall not be altogether room for difference of opinion. Gentlemen ma.y contend, and may exclmlcd 1mless it is impossible to ascertain what WD-" the result of contend, I admit, with a great deal of force, that as to some of these the vote therein. wards the best evidence would be the testimony of the voters them- Now, sir. as to the :first precinct that has been rejected by the mn.- selves. jority of the committee, the :fifth precinct of the parish of Concordia, I apprehend, Mr. Speaker, that the mle is this : If a return was the ground of rejection is this: that the votes, after being cast and made, and if that return was not o.ttacketl for fraud, and it has been deposited in the ballot-box, were not counted and canvassed at the lost or stolen so that it cannot be produced in evidence, then it is en- }'>lace of voting, but thn.t the box was taken to the county seat and tirely competent for either party to the contest. to call any witnc ses the vote waa there canvassed. The law required the ballots to be who can testify to the contents of the retmn and prove the contents canvassed at the place of voting. · just precisely as they could })rove the contents of any lost or de- Now, Mr. Speaker, I think it may be fairly said that where a ballot- stroyed instn1ment in writing. box is carried away from the place of election to some distant point But if there was no return; if after the bo.llots were fairly ca.st, if before t.he votes are canvassed it raises a presumption against t.be after they were deposited in the _bullot-box, the officers of election for fairness and validity of that canvass. I am willing to concede so any reason failed to make a return, t.hen I apprehend that the best much t.bat it raises such a presumption M ought to be overcome by evidence as to the result of the election in such a precinct would he evidence sufficient to satisfy the Honse that there was no unfairness, the evidence of the voters themselves, who should be called and. no tampering, no fraud; that, although the vote was not canvassed sworn and allowed to testify as to how they voted. Of course the at the place of voting, yet at the county seat the votes were fairly ballots themselves, if they could be found and clearly identifieu, canvaased, honestly canvassed ; _tbat no wrong was done by the fact might be bett.er evidence; but I believe it appears here that the bal- that they were not canvassed at the place of voting. I have read lots a.nd returns are both missing as to some of these precincts. over ~u the evidence in relation to this precinct, and it is entirely As to the first precinct I think the vote is sufficiently proven. The clear to my mintl that the vot.es were fairly, honestly, and correctly return which was made in duplicate is, it is trne, not found on file in canvassed, and that no wrong was done to anybody by the fact that the clerk's office, where the law requires it to be deposited; but ono of t.be count was not made at t.he place where the votes were cast. Ancl the original copies is identified and sworn to by one of the officers of the there is a perfect and satisfactory explanation a~ to why the votes election, identified and sworn to as one of t.he original duplicate copies were not canvassed at the polls but. were carried to the count.y seat . of the return. It appea,rs entirely regular upon its face; it is sworn Tho law of Louisiana in force until a short period before this election to by all the officers of the election as 1·equired by law; it is fuJly requiJ:ed the ballot-box to be carried to t.be county seat and the can- certified, and there is no objection to it except that it was not found vass made there, and the officers of this election precinct were not on file in the clerk's office, and that no return wa.s found on file in the awaro that a. change bad been rua(]e in the statute, and believed it to clerk's office. · be their duty to take the ballot-box and ca.nvass the votes at tho Now, because there was no return on file in the clerk's office, be- county scat., as they had ucen in t.be lmbit of doillg in prior yea.rs. cause aft.er due search in t.he pl~co where the return ought to bo found .. 1876. CONGRESSIONAL RECORD-HOUSE. 3425 rio return was found, it became entirely proper to call a witness to are ready to have a vote. I won.Id like to have the proposition pend- prove the correctness and genuineness of the other copy of the orig- ing to be voted on when we reach the final question. inal return which was kept and not deposited with the clerk. The SPEAKER pro tempore, (Mr. SPRINGER.) It will be considered So as to this first precinct, I think tl!e proof is entirely sufficient, as pending. and the return onght to be counted. It is simply a case where the Mr. MOREY. I ask the gentleman from Iowa [Mr. McCRARY] to copy of the return which was left in the clerk's office was lost or mis- yield to me the balance of his time. laid or stolen, and cannot be found, and the other original duplicate Mr. McCRARY. I will do so. return duly certified, duly sworn to by the officers of the election be- The SPEAKER pro tempore. The gentleman from Iowa has thirty longing to both parties, has been brought in to supply the loss of the minutes remaining. copy which was left in the clerk's office. There can be no objection Mr. MOREY. Then I shall be entitled to one hour and a half. to such testimony as that. It is the very best evidence that could be The SPEAKER p1·o tempore. Yes, sir. produced. I apprehend that the very purpose of the law in requir- MESSAGE FRO:M THE SENATE. ing these retmns to be made in duplicate was, that if one copy should A message from the Senate, by Mr. SYMPSON, one of their clerks, an- be lost or destroyed the other could be proven and produced in evi- nounoed that the Senate hn.d passed a bill of the following title; in dence. which the concurrence of the House was requested: As to the other wards of Carroll Parish which were rejected, there might perhaps be more difficulty. I do not wish to go into the details. A bill (S. No. 728) for the relief of Martha J. Coston. The message further announced that on Thursday the 1st day of The question is mado that, instead of calling the officers of the elec- June, 1876, at one o'clock p. m., the Senate will rleliver its judgment tion to prove w bat the vote was, the sitting member should have called in open Senate on the question of jurisdiction raised by the p~eadings the voters themselves to testify. Now, if I grant that-and I do not in the trial of William W. Belknap, upon articles of impeachment thiuk it is necessary to grant it-but, if I"grantt.hat, I submit to the House that it only follows that the committee should have further exhibited against him by the Honse of Representatives, at which time the managers of the House are notified to attend. time in which to consider this ca~e, in which to have the voters called and in which to get at the real, honest vote of these precincts. ELECTION CONTEST-SPENCER VB. MOREY. The House ha.~ pnsoed upon a question exactly like this in another The House resumed the cousideration of the contested-election case case, to which I wish now to call attention. In the .IT'orty-second of Spencer vs. Morey. Congress, in a contested-election case from the State of Florida, a Mr. MOREY. Mr. Speaker, in discussing this case I shall do what precisely similar question was mised ; that was the case of Niblack other gentlemen 'Promised to do and did not, that is, to confine myself vs. 'Nalls. One of the returns in that case was impeached by the evi- to the record and endeavor to deal with the faets and with the legal dence, on the ground that it bud not been tra.nsmitted through the and equitable features of the case. regular and legal channel to the secretary of state, but had been de- It will be remembered that there was what has gone into history liYered to nn unauthorized person, who had broken the seal, who had as the "Wheeler adjustment" of the questions growing out of the carried the return and delivered it to the contestantl, one of the par- election in 1874 in Louisiana., in which the action of the State return- ties then before the House asking for the seat. 'fhis return was de- ing l.loard was to some extent revised. In no case was any change livel.'e~ by the cont~stant i~1 that case to the secretary of state. The made or asked for in either of the fourteen parishes in my rlistrict, Committee of Electwns demded, a.nd the House decided, that. a return so that this case comes ·before this House entitled to a fair considera- that came before it in this irregular way, having been in the hands tion on its merits as developed in the record. of unauthorized persons, having been delivered by one of the parties The vote of each party in the district i~ aclmitted by both parties to the contest, having been in a position to be tampered with and to this contest, except at one poll in one parish anrl the entire vote of changed, was so far impeached that it was necessary to corroborate another parish. We will first consider the one poll, namely, the fifth it, that it was necessary to prove by some evidence aliunde that it had poll of Concordia Parish. not been tampered with, that it was the genuine return. Bnt the Contestant charges as follows: contestant in that case, a democrat, had failed to support the return I claim that tho said returninc:r board unlawfully canvassed and counted the ro· by any evidence aliunde. turns from tho fifth poll or warif of Conc{)rdia. Parish, and that the supervisor un· If that return had been rejected the republican claimant of that la.wfully returned tho votes of said poll, thereby giving you wron~ully a majority of 450 more in said parish than you were legally entitled to, fot• tno followin~ rea- seat would have retained it, and the democratic contestant, who re- sons, to wit: Tho election laws of J,ouisiana require that the ballot.box:es shall bo c~ived in that county a majority of something like 160 votes, would opened at tho polling-pl:we a.s soon as th~ voting is over. in presence of the public, have been excluded from the seat. But the House, although holding and tho YOtes counted publicly, and returns ma.de within twenty-four hours after that the return was impeached so that it did not prove itself to be the closing of tbo polls. At said fifth poll the commissioners of election refused to open and count the votes at the poll; but, on thP contrary, they tlwk the ballot-box genuine, was not willing to say that therefore the vote of that entire late at night and carried it away to Vidalia, a distance of fifteen miles, a11d went 11recinct should be rejected. And it made an order that the bearing iut11 a. private apartment and counted tho votes out of the pre euce of the public, of t.hat case should be continued, that the time for taking testimony and made no returns thereof for two clays after tho election ; all of which constitutes should be extended, and that the parties to the contest should be presumptive evidence of fraud and Wf'ong. allowed to take proof and show whether that was a genuine return, Mark you, there is no charge of fraud! and as to w bat was the honest and true vote of that precinct. Now, there are two points in this specification: Now I think that is precisely what the House ought to do in this First, that the votes were counted elsewhere than at the polls; and case. I submit that no man can read t.he evidence in this case and Second, (which was a necessary result of the first,) that tho returns have any moral doubt that Mr. Morey was elected by a large major- were not made within the time prescribed by law. ity. Although the proof may in some respects be thought by some The testimony is so brief that I will ask the Clerk to read all of the to be irregular and not of the very best that can be produced, yet I testimony taken in regard t.o this poll by both part.ies. apprehend there is no man on this floor who will rise in his place and The Clerk read as follows: say to the House that he has any doubt that Mr. Morey received a JoHY F. DlliERON, sworn for both parties, says: large majority in t.he fifth ward of Concordia Parish, that he has any At the general election held on 2d No>omber, 1Ri4, I was at tho Vaucluse poll, doubt that Mr. Morey received a large majority in each of the three :fifth warif, Concordia. Parish, and acting at sai.en miles. Upout·eaching tho store of T. C. Witherspoon, on tho road to Vidalia, the sul!ges. political opponents, is that in such a case the opportunity for further tion was made that I should take tho box and ride in a bn)!gy from there to Vida- proof should be given, if the House is not satisfied with the proof that lia, which suggestion I acceded to, and came on to Vidalia in company with Irvine we have. in his bu{Zgy, one of the other commissioners riJing iu front and one in rear of tho Without debating the ca>Se further., I desire, if the gentleman hav- buggy on horseback. Comin)! on without any interruption, we roa()hecl Vidalia between eleven and twelve o'clock that ni.~ht, and proceeded to tho office of Bur- ing charge of the caae will permit, to have the House vote upon a nett Hitchcock, Ltx-collcctor, up-stairs in ruo court.hom;e at Vidalia. Wo then and resolution which I propose to offer as a substitute for both the ma- there opened tho box and proceeded to the countin~ of tho votes up to half pa.st two jority and the minority report. o'clock a.m. of tho 3d November. When W<1 closetl tho box, I looke<1 it and gave The Clerk read as follows: the key to Robert H. Columbus, taking the box with me in company with William C. Yeager, United States supervisor, to the hotel iu Vidalia. Putting tho box un· Resolved, That tJle. report of ~~e Committee of. Elections. in the case of Spencer der my bed in tho room of tho botel, wo went to sleep and slept till about seven and vs. Morey, fifth district of Lomsmna, be t·ccomimtt.ed to sa1d comiDittee; that the a half or eiJ!ht o'clock in tho morninl!. We then got up to breakfast, I taking tho poll of Concordh ¥arish be counted; that the time for taking testimony in said box with me to tho table. After finishing breakfast, we went to the court house, case be extende<1 snt.y da.ys from the lOth day of June, 1876; aud that within said to Mr. Hitchcock's room again. Opening the box, wo pt·ocoeded again to cotmt tbe extended time adilitional testimony may bo taken upon tho question, What was votes. .After thus counting some time in Mr. Hitchcock's room, wo closed tho box the trne vote of tho first, second, and tllird polls of Carroll Parish~ said testi· and moved down-stairs into the court-room, where we proceeded until the count timony to be taken in accordance with tho statutes re!!lllating the taking of testi- was eomplete.d. Tho reason wo nied by negative words, and therefore is not Now, this is what was done at this poll, under the idea. that the old mandatory or essential. It may be a sufficiently positive provision law was in force. Now, here is a violation of a provision of law to subject the commissioners to punishment, but is not essential to the through a mistake honestly made. There is no charge of fraud and validity of the election. Tile authorities are very full on this point. no evidence of it, and the rule is that the contestant shall be confined Now, if this generic provision is held to be mandatory, it proves too to the specific charge that he makes. much. For instance, the law says that no per-son shall carry fire-arms Now, there is every word of evidence that is in this record touch- within one mile of the polls. Suppose they do. Do you mean to tell ing this poll, and I would ask what warrant my colleague has for say- me that tbat would avoid the eJection T The law says that no whisky ing tbat the poll-lists were kept by" any lounging loafer that came shall be sold about the polls nor ~iven away. Suppose each man is along¥" It is by this kind of loose statement and by going outside of offered u. drink by his neighbor. The law provides that the commis- the record entirely that the att.e mpt is being made to prejudice my sioners shall count the ballots a.nd declare the result. Suppose at tbe claim in this contest. Now, my colleague used this language refer- conclusion of the voting that they are struck by lightning and killed. ring to the commi~:~sioners at this poll: Do you mean to tell mo that the voters at that poll are to be deprived They distinctly state that the returns were calculated from -these tally-sheets of their right to have their votes counted T No, sir; these al'e mere kept by Tom, Dick, and Harry, or any idler or loafer who came into the room dur- directory provisions. But we are not left in the fog at all in this ing the count. This was the basis on which they made their returns; and when. matter. The rule is that the decisions of the State conrt.s on State put to the test they dec1'\.re that · they do not know whether theae tally-lists were laws shall govern. The supreme court has decided definitely that :_~~!c!~Rt or not; that they were kept as well as they could be under the cir- these provisions are directory merely. My colleague from the second district [Mr. ELLIS] has seen fit to Now, these words are put in quotation marks by my colleague, who indulge in some reflections on the personnel of the supreme court; held his speech three days for revision, and I submit that au argu- but as that is not in the record of this case I do not propose to follow ment containing errors of this kind in a case of this kind is worthy of him. But I desire to say this: that the opinion of the supreme court no consideration. This is only a sample; I will have occasion to re- merely re-affirms the well-settled jurisprudence of our State on this fer more than once to this "revised" speech, as well as to another of question, and refers to t.ho decisions on the same points reported in the same sort. Now, my colleague says again: the ninth, tenth, and thirteenth annuals. The court was democratic When votes are called off at the polls, somebody keeps the tallv. But the tally- in those days. sheets are no evidence of the election whatever, and no part of the returns. They are a mere series of straight marks and names, which may be multiplied and pro- In the ninth annual the decision was rendered by .Judge Voorhies. longed ind£~finitely. In the tenth ~nual the decision was rendered bv Judrre Merrick. In In this my colleaO'ue states the law correctly; but the gentleman the thirteenth annual the decision was rendered by Judge Spofford. from Missouri, [.Mr. DE BOLT,] who also pl'inted a revised speech, says: What has the gentleman to sa.y of the personnel of those courts T Are The returns are made from the tally-sheets; in fact the tally-sheets are there- they not Chevalier Baya.rds f The gentleman should scorn to descend turns themselves, with the affidavits of the commissioners attached. to a partisan appeal like the one he made in his speech in the discus- Now, where did the gentleman get that law t Not from the laws sion of a case of this kind. of Louisiana. nor from this record ; and this gentleman is a member The gentleman quoted from Cooley. Let me give him a little of of the committee and signed the majority report. lie said in debate Cooley'o authority on this point: that I had been in this case from the beginning and did not know can Errors ofjnd~ment are inevitable, but fraud, intimidation., and violence the law and should protect against. (Cooley's Limitations, page 621.) The same an- anything about it. We shall see about that. I propose to show the thor says.: When an election is thus l'Cndered irre~nlar, whether the irregularity 1 : Honse that he knows so litt.l e ahout it that his uame to that report shall av01d 1t or_n~t must depend generally upon tne effect the iiTegula.rity may 1876. CONGRESSIONAL RECORD-HOUSE. 3427 have had in obstructing the complete expression of the popnlar will, or the prod uc- cient to vitiate an election. The law of the State of Minnesota provides that no tion of sr tisfactory evidence thereof. Election statutes are to be tested like other election returns shall be refused where there has been a .substantial complimlce statutes, but with a leaning to liberality, in view of the great public purposes which with the law. · they accomplish, and, except where they specifically pro>ide that a thing shall be And in regard to the returns from another town in the same district done in the manner indicated, and not otherwise, their provisions, designed merely for the information and gnidance of the officers, must be r egarded as directory only~ the committee say : and the election will not be defeated by a failure to comply with them, providea The returns shonld have been conveyed to the county auditor by one of the judges the irreguL'lrity has not hindered any who were entitled from exercising the right of the election, sealed, but were conveyed hy the witness, an unauthorized person, of suffracre, or rendered doubtfnl the evidences, from which the result was to be and were unsealed. This is a grave irregularity, but the evidence is that he de- declared~' (618,} and it was said in People vs. Cook, 14 Barbour, 257, ancl8 New York, livere(l the returns to the county auditor just as he received them from tho town 67, "that any irregularity in conduCting an election, which does not deprive a legal canYassers, and this testimony is not impeached. The committee do not, there- voter of his vote. or admit a disqualified voter to vote, or cast uncertainty on the fore, reject the returns from this town. resnlt-1 and has not been occasioned by the agency of a party seekin!J to derive a benefit frmn tt, should be overlooked in a proceeding to try the right to an office depend- Unless this rule is followed my colleagues, Mr. GmsoN and 1\Ir. ing on such election. 'l'his rnle is an eminentlyl_lrOpei' one, and it furnishes avery ELLIS, have no right to seats on this floor. satisfactory test as to what is essential and what 1snotin election laws. And when The democratic counsel before the returning board in New Orleans a party contests an election on the ground of these or a.ny similar irregularities, he filed a brief claiming that no poll should be rejected on account of ought to aver and be able to show that tho result was affected by them." (Cooley's Constitutional Limitations, page 619; 13 Annual, 175.) any informality unless accompanied with charges and proof of fraud. This city voted a democratic majority of 15,000. Two of the three The same principle is mentioned in the Ohio State report for 1866, commissioners of election at each poll w~re democrats, appointed by a report made by a committee of which the distinguished member the city council, who were all democrats. What was the reply of from Ohio [Mr. WALLING] was a member. the returning board, and what was their action in the premises! McCrary, in his Election Law, S..'l.YS: It is a part of this record, and I will ask the Clerk to read it. If the statute e~pressly declares any particnlar act to be essential to the valid- The Clerk read as follows: ity of the election, or that its omission should render the election void, all the co•ut.s whose duty it is to enforce said statutes must so hold, whether the particu- When the returning officers entered on the discharge of their duties they first took up the parish of Orleans, iu which there were one hundred and eighteen poll- lar act in que tion goes to the merits or aftects the result of the election or not. But ing-places. There being the returns for candidates for a municipal government, if, as in most ca-ses, the sta.tute simply provides that acts or things shall be done two sheriffs, and a P'6at number of minor offices to be canvassed, it was deemed witl1in a particular time, or in a particnlar way. and doeR not decL'tre that their per- important that the elected candiuates shoulu be inducted into office as 1100n as pos- formance is essential to the validity of the elect.ion, then they will be regarded as sible. Immediately on entering into the canvass of the votes in tho parish of Or- mandator:v if they do, and direcb>ry if they do not aftect the actnalresults of the elec- tion. * * * Those provisions which affect the time :md place of holding elec· tionR and the le~l qualifications of the electors are generally of the :mbstance of leans it waa discovered that the election had been exceedingly loosely conducted. In not probably a dozen polling-places in the city ha.d all t.he formalities required the election, while those touching the record and the returns of tho vot-es receivedby la.w been complied with. lu but a very few cases bad the list of voters been kept, or, if kept, returned t.o the board, and many of those returned had not been are directory. 'l'he principle is that irregnlarities which do not tend to affect t.he signed or sworn to. In many cases the statement of votes showing who had been results are not to defeat the will of the majority. The will of the majority is to be recognized even when irregnlarly expressed. (McCrary, 126-127.) voted for were not kept, or, 'if kept, not returned to the boaru, and in many ca$68 the tally-sheets were not kept, and, if kept, not returned to the boarli, and in some The same au thor says: cases nothing but the unsigned aml unsworn to tall.v-sheets were all that had been It is mainly with reference to these two results that the rules for conducting returned to the board. Under such circumstances, if the board shoulll decide that elections are prescribed by legislative power. To hold that these rules are manda- a compliance wit.h all the forms of la.w would be required to enable them to can- tory is to subordinate the substance to the form, the end to the means. (Page 200.) vass and compile the votes, it was evident there had been no legal election in the parish of Or·leans. The board then decidoo that if any of the formalities required Further on the same author says: by law had been complied with, even only a tally-sheet unsigned or sworn to was Bear in mind that irregularities are generally to be disre~rded, unless the stat- returned to it by t.he supervisors of registration, they wonld, in the absence of any ute expressly declares that they shall oe fatal to the election, or unless they are proof of fraud, intimidation, or other illegal practice, canvass and compile the vote such in themselves as to change or render donbtfnl the resnlt. (Page 200.) of such polling-place. Under this rulin~ of the board the canvass and compilation In the case of David Bard, Hall and Clark, 116, the committee of the vote of the entire State proceeden. held- * * * * * * * It was found on examining the returns made to the board by the superrisors of 'l'hat even where the L'tw required that the returns shonld be ma.de on the 15th registration from the different parishes, that the sam A omission to comply with the day of November, and the commissioners of election did. not make the return until forms of law existed that had been found in the pari.l!h of Orleans, and the board the lst of May, then this irregnlarity would not defeat the election. applied the same rnle. In the case of Biddle and Richard vs. Wing, C. & H., 506, the com- Mr. MOREY. Now, Mr. Speaker, if the board had decided in the mittee said: case of New Orleans as my colleague and the committee would have us decide in this case, then neither he nor our colJeague, General GIB- The governing principle in all cases is to clea.r ly ascertain the will of the voters. (State vB. Slew, Bri~Ghtly' s Contested Cases, page 303.) SON, would have been entitled to seats here, nor would there be held When the people, m tiie exercise of their constitutional rie;hts, have gone through to have been a legal election in the State of Louisiana. the process of an election accorclint; to the prescribed rnles of law, they ought not Now some stress has been laid on the fact that the tally-sheets, n.l- to be deprived of the advantage accruing therefrom but for the most substantial though kept under the direction and supervision of the commissioners, reasons. Indeed, nothing short of the impossibility of ascertaining for whom the majority of votes have been cast ought to vacate the election. were kept by unauthorized persons. Votes fairly and honestly given ought not to be set aside for any mistake or omis- The law makes no provisions for clerks. It does not prohibit their sion of the returning officers. (Colden VB. Sharpe, Clerk & H., page 369.) employment by the commissioners, and it is the universal practice from Again, this House, in the case of Draper vs. Johnson, C. & H., 703, one end of the State to the other to employ the expert penmen at decided that- each poll to assist in keeping tally. Four or five tallies are kept, and The law requiring votes to be returned within a limited time is direct.ory only, in case of a disagreemoot the votes are recounted. and if they are not returned by that time the election is not 'fitiated. They may But in this case we are not lefL in doubt, for contestant makes no be received afterward. charge of fraud, and the committee must confine themselves to his specifications. There is no doubt, however, for aU three commission- Again, in the case of Mallory vs. Menall, C. & H., 328, where the ers, as well as contestant's witness, swear as follows: presiding officer of the election, whose (luty it was by law to return the votes sealed up, returned them nllilealed, they were, in the absence Morey There were in said box and returned by sa.irl commissioners 441 votes for Frank for member of Congress for fifth district and 37 votes for William B. Spencer of any evidence of fraud, allowed to be received. Also, that "votes for member of Congress for fifth district of Louisiana. fairly given to a party may be counted in his favor, though they have Now, by what right, law, or precedent does this committee go out- never been returned to the proper authorities." To the same effect, side of the specificat.i ons of the cont.estau.t to find reasons to r~ject see Brightly's Election Cases, page 571. this poll! There may be some excuse from the fact· that they are all · McCrary, seotion 305, says: new members of that committJCe and are not familiar with tho prac- ~ If the voice of the electors can be made t.o appear from the returns with reasona- tice; but the practice is and all the precedents are as I have stated. ble clearness and certn.inty, then the election shall stand. The votes in this box were taken without question, and decided The burden of proof is upon the contestant that non-compliance in the election for the sheriff and other officers in this parish. the particular above mentioned affected the actual merits of the elec- We therefore conclude that the return, which is as follows, should tion. This he has failed to do, and, guided by the principles of law be counted: · governing election cases, the official retttrns on page 130, record, ex- E.x.m.BIT 25.-Statenumt of votes at poll No. 5, pm-ish of Ccmcm·dia. hibit 25, must be presumed to be honest and correct until the con- Statement of votu cast at poll No. 5, of election prf'cinct No. 5, of the parish of Concor- trary is made to appear. dia, forme:mberB of Congress, State and parish ojftcers, at the general elUtion No- The burden of proof is always upon the contestant or the party attacking the vember 2, 1874, in accordance with law. official return or certificate. The presumption is that the officers of the law h:w- ing charge have discharged their duty faithfully. (McCrary, 306.) What does this Committf!e of Elections say in the case of Cox vs. Strait, recently decided ill favor of tho sitting member'f Names of persons voted for. For office of- Your committee regard the conduct of the judges of election in this place in leaving the ballot-box for tho space of an hour unsealed and unguarded as highly reprehensible. It is of the hi::hest importance that the ballot-box shonld be guarded and protected in the most careful manner; that all the provisions of law * made for the security of the ballot shonld be strictly obeyed. There shonld not Frank Morey................................... be the least opportunity for tampering with tho b:tllots. It is certainly a serious F. Morey . . . • . . . . . . • . . .. • • . . . . . . . . . . . . . . . . . . . . . Congress, fifth district.... Congress, fifth district.... 440 1 question whPther such an irregnlarity a.~ this ought not to vitiate the election· but W. B. Spencer ................................. Congress, :yol?' committee und~r all the. circumstances have not felt compellecl to reject this Wm. Spencer.................................. Congress, fifth district.... fifth distri.ct.... 36 1 entire poll, there bemg no ev~dence that the ballot-box was actu11lly tampered 1oith, bnt, on the contrary, there is some negative testimony showing that it was not * * * * * tampered wit·h. Your committee woul~. were the~e any facts tending to show .A.. B. Boner.... ~ .••.•....•.•••••••••..•..•••... Congress, fifth............ 3 t.h:tt the ballot-box hnd been tampered w1th, have decitled to reject the returns from t.hi.~ poll. The adjournment for dinner ha-s frequently been decided not to be suffi- Number of ballots in box, 498: Number of ballots rejected, noue. 3428 CONGRESSIONAL RECORD-HOUSE~ MAY 31, STATE OF LOUISIANA, Parish of Ooncordia : testant's witnesses (Mr. L:wkey) contradicts his witness, Galbrai.th, Personally appeared before me, the undersigned authority, John F. Dameron, R. the minority report says~ H. Columbus, and T. E. D. Jefferson, duly appointed anrl qualified commissioners By an examination _of Mr. Lackey's evidence, (contestant's witness,) it will be of election of poll No.5, election precinct of the parish of Concordia, for the ~en­ observed that he testifies as follows: eral election held November 2, 1874, who, being duly sworn, depose and say that "Question. Were the returns which you signed correctly made up from there- they received the ballots cast ali the said poll on the day above mentioned ; that turns of commissioners of election 1 they have made a true and lawful count of said ballots, and that the foregoing is a ''.Answer. Yes. kue and correct statement of the votes cast at said poll on said day. "Q. Did you discharge the duties of your office honestly and fairly according to Sworn and subscribed to before me this 4th day of November, A. D. 1874. thC;l be.~t of your ability Y JNO. A. WASHINGTON, "A. Idid." • Supervisor of Registration. Showing conclusively that the commissioners from the various polls must have JNO. F. DAMERON, filed with supervisors nml the clerk of the court their returns, for it will be ob- THOS. E. D. JEFFERSON, served that Mr. Lackey swears that he discharged his duties "honest-ly and birly," R. H. COLUMBUS, showing inferentially that the clerk of the llistrict court must have certified to the Oo111/111.issioners of Election, Poll No.5, Parish o f - - . return made up by him, :ts he sa.vs, " correctly from the r eturns of tho commission- An examination of the oath of the commissioners will, in the ab- ers of election for Carroll Parish." The la.w above quoted distinctly uefines the (luty of the clerk to be to ce1tify to the correctnes:: of the returns, which ar~ to be sence of any charge or proof of fraud, remove ull doubt. Spencer consolidated by tho supervisors of registration '.fho legal pres.umption is that the arrived at this ward with a majority of 1,396 votes; deduct my ma- clerk did his duty. Lackey coultl not haYe dischargcrl his duty properly in this cou- nection.unless the clerk certified to tho correctness of the returns, and the clerk jority of 404 votes at this poll, and it lea,ves Spencer a majority of could not have certified to the returns unless he bad said returns on deposit in hi.a 99~ votes with which he enters Carroll Parish. office. In the same section of tho law is fo'lntl the following: CARROLL PAI~ISH. "He shall forward a copy of any statement as to violence orrlistnrbance, b1ibery or corruption, or other offenses specified in section 26 of t.hi.a act, if any there bo, to- We next consider the election held in the parish of Carroll. Wha~ gether with all memoranda and tally-lists used in making the count and statement is the charge of contestant as to this parish f That his vote in this ofTherethe votes." is no evidence produce(l by contest'l.nt that any statement of fu>.ud or parish, added to his majority in the other thirteen parishes, would irregularity of any kind was made by any commh;sionor of election in his returns to give him a majority of the votes in the ~istrict f No; not at all. He tho superVisor of registration, or that said su~r,risor of registra.tiou made any claims that there was no valid election in this parish. In a case taken such return of fraud or irregularity to the sa1cl returning board. It will bo ob- up from this parish the supreme court decided that there had been a served that the last clause of saill section 26 reads a.<1 follows : "His copy of said statement shall be so annexed t<) his returns of election by valid election in this parish. If yon take the view which my col- paste, wax, or some adhesive substance that the s..'\me can be kept together, :~onO. league urges and decide that there was no election, then, inasmuch as the other copy the supervisor of registration shall deliver to the clerk of the coru·t there were 2,263 votes cast in this parish and twenty-five hundred of his parish for the use of the district attorney. " and thirty registered voters, enough to decide t.he election in the dis- This, be it remembered, is the witness of contest:\.l;lt~ and there trict, there is but one alternative under the law and the practice, and can be no doubt that the returns were made to the clerks office ac- that is to send the election back to the people. If, however, we take cording to law. the other view, which is what the majority report really amounts to Another witness swears: at last, that there is not sufficient testimony to clearly determine ex- Question. Has or not a term of the district court been held in this parish since actly how many votes each party received, and that the testimony the election in Nov-ember lasU develops the fact that positive evidence on this point can be had by Answer. There was a session commencing on the first Monday in December last, calling the voters themselves, which neither party has done, then t.h.e I think. only alterna.tive is to remand .the parties back for this evidence. Now under the laws of Louisiana the ballots and returns are not In Biddle and Richard vs. Wing, Clark & Hall, pa.ge 504, the rule requirecl to be kept longer than the nf\xt term of court after the elec:- is stated as follows : tion. An investigation bad heen had in regard to this election by the Indeed, nothing short of the impossibility of ascertaining for whom the majority grand jury of CaiToll Parish during the session of the district court of votes were given ought to vacate an electiou, es1Jecially if by such decision the in December, 1874, a~d this is their finding. (S.ee exhibit D, record:) people must, on account of their distant and dispersed situation, necessarily go un- represented for along period of time. ROOMS OF GRAND JURY, Thursday, Deeem.ber 10, A.. D. 1874. My colleas-ue, [Mr. ELLIS,] in answer to my question, took the ground To Ron. Wade H. Hough, judge of the thirteenth district court of Louisiana, hold- that the eVIdence of the parties who ma.de a return proved to have ing sessions in and for the parish of Carroll: been lost as to the contents of the paper was tertiary in its charac- Your gr:md jurors, impaneled for the present term of your honorable court, beg ter, and that the evidence of the vot-ers themselves would have been leavo to submit the following report: primary. I do not subscribe to that view of the law, and I know that ~ • * * K * * Quite a. number of irregularities are reported in the conduct of the recent election his view does not prevail in the decisions made by the various com- in this parish, but upon mvestigations we do not find them to be of such a character mittees on contested elections in Congress. as require the action of the grand jm·y. The testimony of all the witnesses shows that a.n election was held, A. C. RHOT~N, Foreman. and that a count of the votes ca.st was made; the evidence is conclu- It is shown by the evidence of contestant's witness Montgomery sive that returns were made up at the polls and si~ued by the commis- that at lea.st four of this grandjnry were among the leading citizens sioners at every poll except one, where one commissioner did not sign of the parish, three of tllem were uemocrats, and the foreman a lead- them. The evidence of several of the commissioners is that one copy ing citizen and large -planter. Now, what crimes against the election of these returns was made to the clerk of the court. laws had this grand jury cognizance of J I will read two sections of E. M. Spann, the democrn.tic commissioner at polll, who is not only the la.w: not impeached, but is·one of. the leading democrats in that part of SEc. 45. Be it .furthr:r enllcted, iJ'iJ~~t,ee any fraud or ill-practices at the election held at that poll1 including the commissioners of election and others of both parties and exhausted my right to examine further, then, under cover of 1'e- Q. Did you bear of any at the time 1 · but-tal, the contestant introduced this il.efea.ted and sore candidate, A. l diu n0t. Nicholas Burton, to tell about this change of a ballot. I objected to * * * * his testimony on the ground that it was not rebuttal evidence ; and on~:;;, ry one compelled at that poll to pass his ballot up to the commissioner not content to overrule my objection, for which action there is not a 1876. CONGRESSIONAL RECORD-HOUSE. 3433 precedent nnox, I this same election and had been defeated after tho saml\ had been canied to the would have seen it. There was no frauu nor malpractice in the >oting, so far as I supreme court of the State. His evidence shows him to be a strong partisAn. know of. I did not see Mr.Ja{lkson put in any wrong ballot, except that one>oter Tavlor, in his excellent work on e"\""idence, in rogard to partisan witnesses, says: handed np on a stick two tickets with his registration paper, which dropped on the "They being zealous partisans, their belief becomes synonymous witb faith as de- floor, and Jackson put in only one of the two ; one of the tickets was a red and one fined oy the apostle, .and it too often is but tho substance of things hoped for, the was a whit-e one; and he put in the red ticket. evidence of things not seen;" an~l, to adopt the language of Lord Campbell, "par There is where the ticket came from that Burton saw on t.he floor, tisan witnesses come with such bias in their minds to support the cause in which they are embarked, that hardly any weight should ue given to their evidence." no doubt. Under our law the commissioners are to be selected from Now I propose to state frankly to the House t.he course that I pur- the different political parties, and they are to be of good standing in sued when I found that contestant did not intend to introduce his their respective parties. At this poll one was a republican, one a testimony till my time was exhausted, ::tnd then bring it in under the democrat, and oue a liberal. Rhodes, the liberal, testifies: color of rebuttal. I knew that my contestant sat in this investigation Question. Have you had any convocsation since the election of 2d No>ember, . with a spurious certificate of election in his pocket on which he confi- 1874, witb Nicholas Burton, regarding the fairness of the election held on that day at pell No. 17 If so, please state it. dently expected to be seated by this House in December last. I wa,s Answer. The first conversation I had with him was tbe dav after the election- aware of the fact that t.hisHouse was democratic with a lar~e majority the day we signed the returns. Burton was claiming to bo United States commis- of new members, many of whom no doubt would be put on the Commit- sioner at the poll. He said he thought we, tho commissioners, acted fair in the matter. I wrote or dictated a certificate on tho tally-roll that Mr. Meyer, the other tee of Elections, with the practice and precedents of which they would United be unfamiliar. I felt that it behoove£t me not to stand on technicali- election States commissioner, kept. The certificato stated, in subst.ance, that the was perfectly fair, and that the tally-sheet exhibited the true result of ties and not attempt to show merely that the votes cast and counted the election at that poll Mr. Meyer and Mr. Burton both si~ned t.he certificate. proved my election, but to also prove affirmatively that the election I had a conversation with Nicholas Burton again about a weeK after the election. was fair and that any irregularities that occurred were not vital. He bad just received the news of the election of Gla as State senator._ Gla was a candidate on the same ticket as Burton. They were both colored men aml nomi- The constitution of this Committee of Elections, which bas not on nees of the same wing of the republican party. 'He saitl that he was satis tied that his it a single member that has seen previous service thereon, as well as wing of the party was overwhelmingly defeated in the parish, but was satisfied, as this extraordinary report, show that I was not too cautious in my Gla was elected senator from this district. He further said that the commission· methods. I felt that I had nothing to fear from the facts, and I last ers at poll No.1 should have given him thirteen more ballots than they did, for the count gave him that many loss than the first count did. He expressed his dis- therefore took full testimony as to the manner of holding the election, satisfaction in no other respect. and fortunately for me the evidence of Burton is shown to be false as clearly as it waa possible to show it under the novel circumstance While David Jackson, the republican commissioner of eiection- at of being compelled to anticipate his evidence. The report of the that poll, who is sought to be impea{lhed by Burton, swears: _ committee would carry the impression that the evidence of Burton is Question. Did you have a good opportunity to see and to know bow the election uncontradicted. On the contrary, it is most positively disproved. was conducted at that poll 1 And if so, state what yon know of it. Answer. I had a good opl_)Ortu:nity. Tho election was conducted peoooably and Now, here is the testimony of irhis witness Burton: as fairly as an election could be; I heard no charges of unfairness made by any- Question. Did yon see any- one of the commissioners change ballots handed to body ; every voter had a chance to vote as he saw fit. Mr. Spann, the democratic him to be put in the box and put in a different ticket, and who wa.s that commis- commissioner, kept the list of votes; Mr. Rhodes, the republican commissioner, sioner~ - kept the tally-list; aud I took the votes as they were handed in by the voters and (Objected to by contestee on tbe ground, first, that contestant made no at,. put them in the ballot-box:. The various candidates and others had access to OLU' tempt or failed tQ produce any evidence-in-chief on this point; and, second, that room in which we received the votes, so tbat they could see that the election was this question or the answer thereto is not and cannot be in rebuttal of any evidence conducted fairly. There was no dissatisfaction expressed by any one as to the man- produced for contestee.) ner in which the election was condncted. · Answer. I did see a--commissioner at said poll do so, and that commissioner was Q. Did the voters generally hand yon their ballots 1 David Jackson. A. They did Q. Was or not there a larl;{e crowd about the voting-place at certain portions of On the cross-examination, reserving all of my objections, I asked the da.v, who were anxious ro vote without much delay 9 · him: A. There was. Q. Did or not a portion of this crowd try to vote ahead of others, out of thoir Q. Were yon not inside of the room a greater part of the day 1 "turn," as it was called 1 And, if so, state how it was done. A. Iwas. A. A good many would crowd np to the window where the box was, and try to Q. How many ballots do you know were exchanged by David Jackson for oth- vote one before the other. Some of them had short sticks with the ends split, to ers 1 which they stuck their ballots and handed them np to the commissioner ahead of A. I could swear to only one which I saw him change, but there was another ly- others who were nearer the ballot-box. ing on the floor in the same position, but I do not know that this one was changed. Q. Did not you take all the votes that were so handed by the voters and put them in the ballot.-box 1 There is all the evidence in this record touching the change of bal- A. The voters handed up the regist~?.-tion papers with their votes. I handed the lots. Now, what do the majority in their report say of this evidence t registration paper to Mr. Rhodes, the other commissioner, who indorsed it. I then Burton, the ex-sheriff of Carroll Parish, ewea.rs that he detected David Jackson, put the ballot in the box. · the corumi sioner who receivecl the ballots from the voters on the day of election, And again: changing tho votes handed him by tbe electors for others which he put int-o the box instead of the ballots of the voters. He says ho ohargeu him with it and com- The election wa5 canied on fairer than I ever saw it before. Mr. Burton, the plained to him of its unfairness. * * * On cross-examination Burton says ho candidate for sherllf, was present during the entire day; he waa in the room all could not swear to more than one ticket which he saw Jackson ~hange, but 'there the time. I heard no complMnt made by- him whatever. He was there when we was another on the .floor in the same position, but he does not know tbat this ono commenced countin~ the votes until we closed, and signed one of the tally-lists was changed. Jackson is not recalled, nor did contestee offer t-o recall him to deny and afterward erasea his name. this statement. Now, what becomes of the majority report on that subjectf The The report of the committee carries the impression that the evi- minority repod, referring to this test-imony, very properly says: dence of Burton is uncontradicted, while the faet is that it is most Is it not strange that, with a democratic supervisor in the room, observing all positively contradicted. that was done at that p<>ll, and with a democratic commissioner, Mr. Spann, as.':!ist- Galbraith, the contestant's witness, swears, when cross-examined inl,{ in receiving the votes, with candidates on different political tickets in the room, byrne: this man Burton is the only person in that room who observed any misconduct on the part of Jackson. and that no one but Burton should have known of or he.ard Question. Wero you present during the entire day at the election held at ward the altercation which Burton says took place between him and Commissioner ,Jook- No. 1, bold on 2d November 1 son 1· If this evidence were n·ue, cert-airuy such a con~ersation as Buroon spealro .Answer. I was. of could not have t-aken plooe without having been overheard by &he other commis- 3434 CONGRESSIONAL RECORD-HOUSE. MAY 31, sioners or by some one who was in the room. Very little weight will be given to Answer. There was not. the evidence of Burton when it is nndet·stood that the evidence of Rhodes and Q. Did or not you bear of any such report or charge being made during the oters who stood near ask Jackson something about these boxes f If yon will turn to the the window cannot be a cause to annul the election. In the case of Augustin vs. testimony of Galbraith, the first witness called by the contestant, you Eggleston, 12 Annual, 35G, the court held that "the mere position of the ballot-box, without any resultant injury, does not void an election, and, as it has been often will find an answer to that question: decided in this State, that the failure to comply with the directory clauses of the T . .r. GALBRAITH, sworn on behalf of the contestant, William B. Spencer, testified election law will not annul the election. The courts cannot affix to the omission a · as follows: consequence which the Legislature has not affixed." (9 Annual, page 531; 10 An· Question. Where do you reside; what is your occupation; and bow long have nual, page 732; Act of 1873, pa~e 18.) you been so occupied 1 I think it is clenr that this poll must be counted. The vote was, Answer. I reside in Lake Providence, Carroll Parish, Louisiana. I am deputy for Morey 569, Spencer 33; Morey's majority 536; which, taken from clerk of the district court, and have been since May, 1873. Q. Have you not b_een the principal deputy, and as such had entire control of the Spencer's majority of 992, would leave Spencer a majority of 456. office during your satd occupancy 1 POSITION OF THE BALLOT-BOX • .A. I have, since the 26th day of .Tuly, 1873. This election, bear in mind, took place in November, 1874, and this All the evidence regarding the removal of the box from the door to testimony was given in April, 1875. Jackson, the clerk, had but little the window is given by T. B. Rhodes, and is a-s iollows: more to do with his office than 1 had, except to divide the fees of his Question. Please state bow the ballot-box at that poll happened to be placed at a. office with his deputy at the end of every month. Galbraith, as he window. states, "had entire control of the office." Answer. We commenced >oting at the door of the building in the mornin~. and nailed strips across the door to lieep the crowd out. 'l'he crowd became so noisy GREENBACKS. and so eaget· to vote that in pressing a~ainst the strips th y broke them off. Some one then proposed that the box be removed to the window. It was then placed on Two ignorant colored men are brouO'ht in to testify in the same a table by the window, so that the top of the box was above the window-silL way that Nicholas Burton was produced, not to prove the charges of Q. Was there any objection on the part of the democratic commissioner or any the contestant, giving me the opportunity that the law intends that party present to placing the box at the window 1 A. There was no objection, but it was suggested by some one that eaoh voter had I should have had to rebut the charge, but they are brought in aB a right to place his ba1lot in the box with his own hand. So we caused it to be pro- tvUnesses in t·ebuttal-of what, I pray you f They tell a story about claimed that any one who wished to place his ballot in the ballot-box himself could seeing David Jackson passing greenbacks out of the window; they come in the room and do so; and accordingly many did do so. did not get any; they do not know a man who did. One of these in- Q. Could the ballot-box at the window be seen by the voters outside W A. It could be seen by the voters all the time from the outside. telligent specimens says: The bills I saw were large enough to be one-dollar bills, or five-dollar bills. The height of this window from the ground, as testified to by vari- Not large enough to be a ten-dollar bill, I suppose T Is it not a lit- ous witnesses, is as follows : - .tle singuJa.r that nobody could be found that received any of this Nicholas Burton, contestant's witness, page 57 of record, swears: money f That out of the five hundred and sixty-nine voters at that Question. You said the window was about six feet from the ground. Are you positive that it was more than five feet ten inches1 poll nobody else could be found that saw or even heard of this thing f Answer. I measured it, and made it a. little over six feet; about one inch and a 'Vhere was Nicholas Burton, the defeated candidate, who was watch- half over it. ing Jackson so closely, as be testifies f He saw no greenbacks. I will D. S. Vinson, contesta,nt's witness, page 65 : adopt the charitable supposition that these men mistook the tickets The voting while I was at the poll was done by handing the tickets or the ballots of one of the factions, which, it is in testimony, was" a kind of a cur- through the window. From my observation, without having measured it, the win- tain-colored ticket," for greenbacks. dow was between six and seven feet from the ground where the voters stood. The The majority report is again in error in stating that this evidence winclow had slat.s across it, up and down, about three inches aparli. is not contradicted except by David Jackson himself. I will again A. Cunningham, contestant's witness, page 63 : refresh their memories. T. B. Rhodes, one of the commissioners at The votes were received by the commissioners at a. window about six or seven this poll, testifie~ as follows, (page "46, record:) feet from the ground. Question. Do you bow a colored voter namM Cresar .Tohnson, and did you hear Noah Lane, contestant's WI"tness, page 65: that he reported that greenbacks were handed out at the window at poll No. 11 Question. Did you vote and see others at said poll ; and, if so, where and how And if so, state what you know of him and of the story, and of the facts in the case. did they vote 1 Answer. I know him and heard him give his evidence to the effect stated before Answer. I voted there and saw others vote. The door of the house was closed the district court. I know nothing of him personalLy, but I do know that his state- against us, and we voted at a window which was so high that! had to lift another ment that David .Tackson, one of the commissioners, rolled up ~treenbacks in the man np to vote. registration papers and handed them back to the voters is untrue; because the tickets or ballots, top;ether with the registration papers, were banded up to David Cresar Johnson, contestant's witness, page 67: .Tackson, who took the ballot and handed t.he registration papers to me, which I in- Q. State where and how the voters voted at said poll while you were there, and dorsed ''voted." .rackson then put the ballo~ in the box and I ]landed the registra- how it was managed. tion paper to Mr. Mayer, who was acting as democratic Unitlll States supervisor, A. I voted at the window, and all others who voted with me at the same time did and who handed it out to the voter. I never heard this report from any othersourco, the same. I voted by the assistance of Noah Lane, who caught me under ruy arm, and I don't believe it was possiule to be true without my having some knowledge and assisted me up so I could reach the window. of it- while David Jackson (page 39) denies emphatically the statement of This same witness, on cross-examination, testifies : Johnson and Lane. His evidence upon the subject is as follows: Q. Are you a short man 1 A.. I am about 5 f eet 2i inches. Question. Was there or not any money banded back by yourself or any other per- Q. When Lane helped rou to put up your ballot, did he lift you off the gro1md, son with the registration pa.pers1 or did he stretch you up by assisting you by one arm 1 1876. CONGRESSIONAL RECORD-HOUSE. 3435 A. He !\Ssistecl me by lifting one arm, I at the same time helping myself up David Jackson, page 39, testifies: against tho side of the House. Question. Did the voters generally hand yon their ballots ~ While T. B. Rhollcs, witness of contestee, page 43, testifies: Answer. They did. Q: How high wa-s the window from the ground 1 Q. Was or not there a. large crowd abont the voting-place at certain portions of A.. I measured it, and my recollection is that it was between 5 feet 8 inches and the day, who were anxious to vote without much delay 1 5 feet 10 inches from the ground. A. There was. Q. Difl or not a portion of this crowd try to vote ahead of others, out of their The minority report very correctly stat-es: "turn," as it is calleu 1 And, if so, state how it ~as done. This is all theevidenceadducedinregard to heij!ht of the window. Itwa.<~ urged by A. A good many would cr·owd up to the window, where the box was, and try to contestant in his arJ:,rument aml. brief .that this wind~w. was so _high that it was i~­ vote one before the other. Some of them bad short sticks, with the ends split, to possible for the votp.rs to hand rn their votes. Taking the eVIdence altogether, 1t which they Atuck their ballot-s and handed up to the commissioners; ahead of others shows that tho window was not so hi_gh but that all persons desirous of hand in~ in who were nearer to the ballot-box. their votes could have done so, and did BQ hand tllem in. Certainly the fact of the T. B. Rhodes, one of the election commissioners, page 43, testifies: ballot-box being placed at the window rAther than at the door, after the guards bad Question. Was any one compelled at that poll to pass his ballot up to the com- been broken down, goes to show that it waH placed therein the interest of fairness missioner on a stick~ and good order, and in order that the commissioners wonltl not be interTupted while Answer. No one was. the voting was goin~ on. This evidence does not tend t~ prove that any voter was Q. Could not every elector have voted with his band from the ground 7 deprived Of his right to vote by tho box being tak~n from t.he lloor and placed at A. All could have done so. the window, or t,hat the actual result of the election at thts poll was affected by Q. Was any one permitted to vote at that poll who did not present the proper such chanrre. The evidence both of contestant and contestee·establishes the fact registration papers Y beyoDfl co~tradiction that during the whole election tho candiclates upon the differ- A. Not. that I know of. ent political tickets, as well as the sworn United States supervisors of both political Q. Was there any democ!'at present during the election at that polli parties were admitted to the room where tho ballot-boxes were kept, and were where A. There was; Mr. Spann, a commissioner, was present. they ooulO. observe and scrutinize the acts of the commissioncJ'S. ·.r. B. Rhodes, Q. Did he take exception to anything that was done in the conduct of the elec- one of the commissioners at the said poll, testifies that no objection was made by the tion¥ democratic commissioner or any party present to the pla~il!_g of the box at th~ win- A. He did not. dow. If the facte were such as to have caused any suspiCIOn that tho movmg of the box from the door to the window would have worked injustice, the democratic This concludes all the evidence that has been introduced on this commissioner or some of the candidates would have objected. We are satisfied subject. This does not establish the fact that any of the mandatory that the objection made against the box for this reason is an afterthought of~ tant was in,jured by any of the inegularities, or that any of the said proclamation was made. It is merely negative evidence. irregularities affected the result, or prevented the free and full expression of the TESTDIO:IT RELATL~G TO VOTING ON STICKS. elector!'! at this poll; " but, on the contrary, takin~ all the evidence together, it proves positively and distinctly that not a single voter was prevented from voting. The evidence produced by contestant on this subject in regard to An(l the voting on sticks certa.inly, as shown from the eVIdence, did not tend to this met,hod of votiug is as follows: render the poll fraudulent or uncertain. In regard t~ tllia matter we cannot ox- press ourselves better than by adopting the language of tho supreme court of Lou- Nicholas Burton, page 56 of record, testifies: Isiana. in reference to this identical election, as to these identical irregularities at Question. Stllte what you know as to the manner in which said electil)n was hell\ this poll, whieh is as follows : "1 hat it is evident from the forefaoing evidence at that. poll; how the voting was done, and where. the irregularities shown did not in any manner affect the result o the election." Answer. In the morning of the election day tho ballot-box was at the lloor of tho * * * house. It was kept there about two or three hours Lthon they took it and carried it We now paas to the consideration of poll No.2. to a window about six feet above tho gronntl, and o1osed the door of the bouse. The window had wooden bars across it up and down. After the box wa.~ moved to the At poll 2 contestant made a charge of intimidation of voters, but window, about three-fourths of the votes polled were banded up on sticks from the took no evidence in support of it; the evidence of the commissioners grolmd. The others voted by reaching up with their ha?ds. rho~e voting at the of both parties and five other witnesses was that the election wa.s window could not, a man of them, Aeo what was done WJth therr tickets. At first conducted perfectly fair at this poll. W. W. Benham, who was one the box was placed about two feet from the window-sill on a table, but the voters on the outside ran their sticks so far as to annoy Ule eommissioners, and they then of the commissioners, produced the poll-list, which was undisputed moved the box about four feet from the window. This moving of the box back and which showed that there were 713 votes cast, of which 49 or GO rendered it still more difficult for the voter to see what became of the ballot. were for Spencer, 4 were blank, and the balance (663) were for Morey. Upon cross-examination, page 57, he testifies : Captain Dickey, who kept oue of the tally-sheets, swears that Spen- cer's.vote was 49 and Morey's 664 or 665; that he had t.aken a mem- Cross-examined by contestee : orandum of it but had lost it. Lamer, who also kept tally part of Q. You 11tated that those who did not vote on sticks reached up their own bal- the time and who was present at the time the count was completed, lots. Coulll not all of the voters have done the same had they chosen to do so, and waited for their opportunity~ swears that according to his best recollection Spencer's vote was 48, A. I think they could if they had waited and taken their turn, provided they 49, or 50, and Morey the balance, and that something over 700 votes were men of ordinary height. were polled. Montgomery, the democratic commissioner, swore that D. S. Vinson, contestant's witness, testifies, page 63: he did not sign the returns but he did sign the poll-list, and that he Question. Did you vote on that occasion, and whv not 1 signed all the papers that he thought the law required him to sign. Answel'. I did not vote, though I could have done"so; there was nothing prevent- Benham Rwears that all three commissioners signed the 1·eturns. One in~ me, except I did not want to wait. There was no trouble that I saw about the or the other was mistaken, but there is no other discrepancy. Mont- poll ; everything was peaceable and quiet. gomery swore that he conld not remember the result of the vote as to Q. How long were you present at the polli A. Between half an hour and one hour. the Member of Congress. Now, there was not a particle of evidence Upon cross-examination, page 63, he says: taken to impeach either of the three witnesses who testified to the vote at this poll, and it must therefore be counted. Question. How many voters did you see voting on sticks 9 . The committee's report says that "the evidence shows that the re- Answer. While I was there I did not see more than two or three. If I had been going to vote, I think I would have voted that way myself, as I could have done so turns from this poll were not signed at all." The evidence shows more quickly than to have waited to have got closer to the window. that all of the commissioners signed the returns; but this is con- Noah Lane, another of contestant's witnesses, page 65, testifies: trad cted, though only so far as one of the commissioners is con- cerned. Question. What time of day was it when you went to thepolls1 Montgomery, the democratic commissioner, swears: Answer. I went to the polls about twelve o'clock and staid until night. Q. Were you near where thevotinl! was going on while you were thereW Question. Did you sign the returns from that poll1 A. Yes; 'i was out in front of the window most of the time. Answer. I signed only the list of names of persons who vllted ; did not sign the Q. Did yon see any voting on sticks t tally-sheets or returns. A. I did not see or notice any. Q. Did you sign all the papers tha.t you considered necessary in connection with Q. How far were you standing from the window 7 the election. A. Probably ten or twenty yards, as near as I ean come at it. A. I did not think atthetimeitwas nece11sary to sign other papers, and the other Q. Then all the voters that you noticed voted with their hands, did they 1 commissioners said they thought so too. • · A. Yes, sir. I will incorporate the testimony bearing npon the character of the Q. Who took their tickets 7 A. David Jackson took their tickets in. election at this poll and pass on to Q. How many people do you think voted while you were there 7 A. I can't tell; there were a good many of them; they kept voting unt¥ night. POLL N0.3. W. W. Benham, sworn for contestee, Frank Morey, testifies as fo11ows: The witnesses called by contestee, in regard to this matter, testify Question. State your name, residence, and occupation, and where you were on the as follows: Charles E. Moss, pages 43-44, record, says: 2d day of November last, the day of the last election. Judge CHARLES E. Moss recalled for contestee, Frank Morey: Answer. W. W. Benham; Carroll Pariah; planter; was at poll No. 2insaidpar- isb on the day of the last election. Question. State what yon know of the matter of voting on sticks a.t poll No. 1. Q. Were you one of the commissioners of election a.t poll No. 2 7 .Answer. This voting was done at a negro cabin. There was a large crowd around A. Iwas. the window, and some voters who could not approach the window, in order that Q,. Were:vou present as commissioner of election at said poll all day, ann .!id yun they mif!bt vote earlier, placed their b:Miots on sticks and passed them up to the asl!ist in tallying the votes cas t at that poll, and in making up th o returns thereof~ commissioner. There weoo perhaps 60 or 70 votes cast in this way. A. I was present during the entire day; never left the poll from morning until • 3436' CONGRESSIONAL RECORD-HOUSE. ~fAY 31, ni~ht. I assisted in counting tbe vote by examining ancl calling o~ every ticket A. Everything was quiet the entire day. The democratic commissioners ex · the ballot-box contained. The ballo·i;s, as I called them off, 'yere tall1ed by several pressed themseh·es as being perfectly sa~isfied with the ~airnoss of the Cl?nnt and p ersons under the supernsion of the commissioners, who relieved each other from the election generally. Heard no complaints as to tho fairness of the electwn from time to time. There were three tally-sheets kept. The returDii were made up from the result of t.he tally-sheets. anybo~y. * * * * * * Q. Durinrr the day 'of the election what was your own particular duty W Re-examined by contestee: A. M v d~ty was 'to receive the registration papers ~rom tp.e voters, compa~e them Q. In stating that the returns from poll No.2 were aigned by the three comm_is- with the poll-book, and indo~e "voted" o~ the !eg1Stmt10n papers, and sign my sioners, do you or not mean the retUTilS proper or the statement of vot.es, or the list name as commissioner of elechon to the registration papers. of voters who voted 1 Q. Do yon recollect how many votes were cast at that _poll; and h~ve you a.~y A. I meant the returns. The list of the persons voting woulll hardly be consid- memoranda., such as tally-lists, or lists of voters, or anything of that kind pertain· ered a part of the returns necessary to be put before the returning board. in ,. to the election at said poll¥ Q. Was not T. B. Rhodes, who was a. commissioner at poll No.1, eon idered a (Contestant objects to this question.) democrat? A. Seven hunched and thirteen, as is shown by the list of votes kept by one of A. Two years ago he was connected witll tho democratic party; don't know the commissioners of election. I have a list of the names Of those who voted at that poll on that day. whether be held out faithful or not; am of the impression that be was more of a democrat than a republican. Q. lly whom was that list kept or made 1 (Contestant objects to this question.) . , . Testimony of W. B. Dickey. A. Mr. .To eph Leddy kept. the list until about three or four o clock m_the aft~r­ W. B. DICKEY, sworn for contestee, Frank Morey, testifies as follows: noon and was then relieved by Thoma-s F. Montgomery, tho democratic comDlls- sion ~r. When the polls opened in the morning there were but two of the _co~mis­ Question. State your name, residence, and occupation, _and where you were on sioners present. In that ca-se tho law made it tho duty of the two comm1s 1on~rs the day of the election on 2d of November last. to appoint a third which we did, appointing Mr. Joseph Leddy, at tho sup;gestion Answer. William n. Dickey, Carroll Palish; my last occupation was d~pnty col· of the by-standers, in the pla~e of Mr. :rhomas ""!·Montgomery, who was abse~t. lector of United States internalrevenno; was at poll No.2, Carroll Pa.rMh, on 2d Mr. Leddy served as commisSloner 1mtil the arnva.l of Mr. T. F. Montgomery, m day of November last, the day of election. . . the afternoon, by whom be was relieved. . Q. How long were yon at that poll on that day and lDllnethately afterward 7. Q. Will yon please produce the list of voters of which you speak 7 A. Was thoro all da.y until tho poll closed. At t-he closing ?f th~ poll I retrred, (booument produced, certified C:OPY of_ w~ich is m:1-rked "Exhibit C," and at- and retnrnetl to the poll between twelvo and one o:clock th~t mght, wh_cn they were tar.hell hereto. 8ee appendix, testimony m Carroll.) still enga~-?:erl in counting the votes, where I remamerl unt1l the cou_ntlll:t_was com- (Contestant objects to the introduction of this document in evidence.) pleted. When I camo in between twelve !!-lld one '?'c~ock that mght, L ~ok th6 A. This is the document. placo of Thomas F. Montgomery, democratic commissioner at tbat poll, m keep- Q. Who wrote and who signed the Jurat attached to t~s docnmenti . ing one of the tally-sheets, and remained until the count ":as tinishe~. A. I wrote the jurat myse1f, folluwmg the form prescribed by law_. .It was sign ell Q. Wa-s or not tho election held at the poll peaceable, qruet, and fa1r~ by myself, T. F. Montgomery, anll S. S. Murray, and tho oath adDlllllstere~ by~­ A. It was, and was so generally admitted by all parties. T. Austin, justice of the pea.ce, second ward. lt w~s done at the polls 1mmedi- Q. Did you or not learn tho result of the vote cast at that poll when the count ately after closing the ballot-box, and before proceedin~ to count the votes. . was completed 1 And, if so, state what it was, if you recollect. Q. Dilly-sheets on congressional voto, ,there was found to be 3 or 4 vot-es less on the con!!t'essional vote than the number of votes shown by g. Are you positive about the congressional vote, and have you never stated It clifferently ~ . the list.. The vote for Spencer was either 49 or 50, and the balance of the vote, less A. I am positive about the congressional vote, and do not recollect of ever havmg the 3 or 4 who did not vote for Congress, was the vote received by Frank Morey- stated it clliferently. 66fl or 661. Q. In voting at that election, were or not all the candidates voted for on one R-e-examined by contestee: ticket or ballot7 Q. Dill yon take any memoranda of any part of tho res~lt of the election at poll 'he names were all on one ticket. No 2 · and if so does the statement that yon have mado Wlth regard to the vote for Q. Then when you state that there were three or four less votes for c:mdidate!' mei:nber of Condress agree with tho memorandum that you took at tho closing of the for Congress than for other candidates, do you mean that the names of the candi- eounti dates for Congress were erased from the three or four tickets ~ (This question objected t{) by contestant.) A. Ido. A. I did tako a memorandum of the votes so far as the candidates for senator, Q. Was or not the result of the vote given to the United States supervisor, or other members of Congress, ancl Hou~e of Repre~entatives, and tl?-o memoranda so far as per on present, or publicly announced, as soon as the result was ascertained~ Congre sis concerned agreed w1th my testrmony on that pomt. I have lost all my A. A memorandum of the vote was taken from the t.ally -sheets by Mr. Lanier and memoranda except that of senator, or mispl:lced them, Captain W. B. Dickey. The congressional vote for the entire parish waa given by me to Mr. :Blount\ United States supervisor of election, from the tally-sheetS, after Testimony of M. A. Sweet. they were received from different polls. MARION A. SWEET, sworn for contestee, Fran~ Morey, testifies as follows: Q. Do you mean after they were received by the supervisor of registration of the Question. State your name, residence, and occupation, and where· yon were dur- parish~ - inrr the election held in this parish on the 2tl of November, 1874. A. I do. They were in my possession as clerk of the said supervisor of regis- . Answer. My namo is Maiion A. Sweet; residence at Providence, ward No.~. t.ration. Carroll Parish ; recorder for said parish ; at poll No. 2 ~e greater portion of the Q. Do you recollect the number of votes that were cast in the parish for mem- bers of Congress, _as sh?wn by the ret~rns from t~e Ote at the election 2d of November last; and, if so, where and about what hour of the dav did yon vote~ while I attempt to defend the action of the committee. A. I voted at polf No.2, parish of Carroll, late in the afternoon. While the committee did not desire to have the interest of the gen- Q. Do you know of or. did yon hear of any complaints made on that day against tleman from Louisiana, the sitting member, prejudiced in the least the fairness of tho electiOn held at that poll1 particle by anytbing outside of this rocorrl, it. does desire that the A. I heard no complaints until a number of days after the election, when Nich- olas Burton came to me to bring a suit for him, the record of which was otl'erecl by whole matter mayreceivo the candid at\entionoftheHouse. ·we do not contestant. complain that tho gentleman who is the contestee in this case saw fit on this occasion to rise in his place t-o a question of privilege. If he At this poll No. 2 Morey received 660 and Spencer 49, making fclttl.tat anything transpiring outside of tlle case prejudiced him, it was Morey's majority 611. · a privilege which no one would more cheerfully accord to him than From this deduct Spencer's majority, with which he left polll, of would the members of the majority of the committee, who have united 456, and it gives :Morey a majority of 155. in the report, with reference to which we ask your action. The report POLL 3. of the committee, the gentleman himself will concede, was made- We have referred to the evidence of Bagley, given in this case, and at least tho conclusion was reached-long before anything had trans- also to that given by him before the returuing board. In addition to pired which be could reganl a.s, in the leastwise prejudicing him be- that Colonel P. Jones Yorke swears: · fore the committee or tho House. If, by the matter he alluded to, be Question. State your name, residence, and occupation, and where you were on has been injured, I commend to him the couplet of Cowper: tho 2d of November last at the election. Ass2.i.lcd by'slamler or the tongue of strife, .Answer. P. Jones Yorke; thircl ward, Carroll Parish; poll No.3. Your amplest answer is a blameless life. Q. State what you know of tho manner in which the election at said poll wa.s held aml contlncted. If he has that defense, let no one see.k to deprive him of it. If he A.. Wa3 at said poll nearly all day. The elect.ion was quiet and orderly, and tho peopl~ voted promptly. It was as quiet and as fair an election as I ever saw. It has it not, let him settle it wit.h his own constituents. was generally conceded that the election was frP..e and fair by members of both Now, Mr. Speaker, this case comes t.o us in just this shape: The partie:~. I remained all night and till the counting of the votes wa.~ finished next election district is composed of fourteen parishes. There is no ques- dav. and until tJ1e tallies were made up antl the ballot-box scaled. tion, there is none raised by the gentlemen themselves, as to there- Q. Do you recollect what vot.e was cast at that box for the candidates for Con- gress~ If oo, stato what it was. sult in a.nyot.her than the fifth precinct of Concordia Parish, and the (Contestant objects to this question, aa heretofore.) first, second, and tllirtl of Carroll Parish. There was a question origin- A. I uo not recollect t.h e exact number, bnt there waa between five and six hun- ally, perhaps, as to tho fourth and fifth precincts of Canon Parish. dred cast at that polL They were nearly all cast for Morey, both factions of the republican party voting for Morey. Spencer received only the votes of a. part of Very little evidence seems to have been taken with reference to them, the uemocrats who vot.ed at that box. and no stress was laid by either party before the committee upon questions ari8.ug with reference to those precincts-the fourth aud R. K. Anderson, one of the colllDllssioners, swears that his recollec- fifth of the parish of Carroll. tion is that there were 550 votes cast and was positive that Spencer The fifth precinct, then, of Concordia Parish being first in order, let got but 7 and Morey the babnce. 'Ve, however, accept the lowest us briefly give it our attention. There is no question raised as to the number that is given me in the testimony, and that is what Bagley fairness of the election in that precinct. There is no question raisecl made affidavit to, to wit: For l\forey 510, for Spencer 7; leaving a which in anywise assails the position which the sitting member may majority for Morey of 503; to which add 1\Iorey's majority on leaving well assume, that the election was fan:, honest, impartial, and legal poll 2, 155, and it gives me a majority of G58. in all respects in that precinct. But there iB a question as to what the POLL 4. result of that election was. Now this poll the majority agree m::ty be counted, though there are The very able gentleman from Iowa, [Mr.l\IcCRARY,] whose work no returns nor ballots to show what the vote was. I have, however, upon the American law of elections has been taken as the guide for conclusively proved that an election was held and retums made, and this committee in most if not all of the questions arisin~ before it, I prove by the commissioners what that vote was. At this poll it is entertained the Honse this morning with an argument which was ad- admitted that Morey receivecl1G7, Spencer received 74; majority for dressed to the proposition that this election should be sent back to Morey 93; which, added to :Morey's majority on leaving poll3, 6~.S, the congressional district with instructions to take more testimony. gives me a majority of 751. This case as pre ented to the committee, and as presente(l in itr; re- POLL 5. port, shows beyond all question that it is impossible to reach more It is admitted tllat Spencer 1·eceivcd 108 votes, Morey received 96; fully than has been done the true result of the election in that dis- Spencer's majority, 12. Deducting this from Morey's majority on leav- trict. I have said, sir, that with reference to this precinct in Concor- ing poll4, 751; Spencer's majority at poll5, 12; leaves Morey's ma- dia Parish there is no impeachment of the conduct of the election. jority iu the district, 739, on the strength of which I ask this House But, sir, the men who were vested by the statutes of Louisiana with to adjudge that I be entitled to my seat on this floor as the duly- the authority to canva.ss aniclence of materially controverted except in a single respect. He says that that character. Passing now to the evidence produced in the pa:1·isb "objection was raised by the other commissioners to canvassing the of Carroll, what was- the course pursued by tl1e contestant f He went vote at the precinct" where it was pollerl. The other commissioners to the clerk's office where the law required that the evidence of the say they made no objection. One of them in explanation says that election should be deposited and made every attempt which the law when he was a commis ioner two years before the law required that required and which the rules of evidence allowed to ascertain if any the canva s should be made at the parish ite. Conceding this, con- election had been held, and, if so, what the result was. He could not ceding that there was this amazing ignorance on the part of the com- find a particle of evidence that any election had been held in the par- missioners, the only exctlse offered is that one of them forgot to bring ish of Carroll. He then turned the case over to the contestee. He the ~:~tatnte and the book of instructions with him. May we not pause said: "J rest my case." What then devolved on the contestee t It J1ere anti ask why he did not send for itf Or, after having ridden six- wa~ his duty, it was the privilege of any of the electors of the State teen miles at night, may we not ask why, when they reached the par- who desired to produce what.ever evidence there was to show that an ish site and found no other commissioners were therefrom other pre- election had really been held and what the result thereof had been. cincts of the parish except the commissioners who took the votes, at To do this the voters themselves were competent witnesses. the parish site precinct-why did they not return to the precinct Spencer having shown that there was no leg'al record eviden~e of where the vote was polled, and there, as the law required, canvass it any votes having been cast in Carroll Parish either for himself or the in the presence of those who were most interested in it :tnd best :t.d- contestee, rested. The sitting member then went into evidence to vised as to its result J show that there had been an election, and he undertook to show that Bnt, sir, this is not all. The gentleman from Iowa [Mr. McCRARY] the election was fair, impartial, and in all respects in conformity with seems to regard the only point of attack on this precinct to be that the provisions of law governing elections in that State. But he did the commissioners carried the election returns or the ballots sixteen more; he introduced testimony to prove that no money had been paid miles. This is not all. There is great care taken to show that the to voters. I ask the House to bertr this in mind; for Morey first went key was in the possession of one commissioner while the box was in into this matter himself, n.nd even tried to impeach Cresar Johnson, the possession of the other during the greater portion of the time. and for whatf For a statement which had not been introduced by But it does transpire that at one time the key and the box were both Spencer, and never could have been introduced by him, and which in the possession of the same party. Well, sir, this throws suspicion never would have been considered by the committee but for contest- upon the canvass. Bnt this is not all. Four hundred and ninety- ee's own course. He asked the election commissioner, the witness eight votes were polled at that precinct. It took these eminently Jackson, whether be had paid money to voters, and whether Cresar hone t but most astoundingly ignorant commis ioners over twenty- Johnson was a credible witness, and Jackson said he was not. And four hours to count 498 votes! Who believes this t then when Spencer came in in rebuttal he met that proposition, and :Mr. MOREY. Will the geutlemrut allow me a momentf showed that Cresar Johnson was known to two of the first citizens of Mr. BEEBE. Certainly, but I desire the gentleman will not take the parish, Mr. Cunningham and .Mr. Purdy, who bad been a mer- up too much time, because I have got to hurry through what I have chant there for many years, whether Cresar Johnson was credible to say in the limited time at my disposal. or not, and they both said that he was a man who had a good reputa- Mr. MOREY. There were twenty or thirty candidates voted for tion for truth and veracity, and yet contestee characterizes him as an and the commissioners had to tally votes for every one of them. And "ignorant darkey." ~ that is true not only of that poll, but at every poll in my district it Sir, iu this matter I am struck by the ingr11.titnde of Mr. Spencer, took twent.v-four, thirty-six, or forty-eight hours to canva s the votes. and perhaps if his qualificat.i on to sit in this House bad been undAr Mr. BEEBE. I do not desire to argue that point with the gentle- discussion I might have been disposed to pause long before I admit- man. The law of Louisiana provides that every candidate shall be ted him to a seat. I know of bnt one instance in all the range of my voted for upon a single ticket, and the canvass finished and the re- reading of history of similar ingratitude, and I send it to the Clerk's turns made in twenty-four hours after the close of the polls. The desk, with the request that he will read it to show the extent to which gentleman says it took from twenty-four to forty-eight hours to count ingratitude may sometimes go. the votes. At Vidalia, the parish site, the commissioners had con- The Clerk read :J,s follows : clmled their count, and these commissioners from the fifth precinct After J. T. had concluded his opening speech Washington rose to open for the moveu from the tax-collector's office down into the main room of the defense. The speech was a. remarkable spedmen of forensic t'loquenco. It bad court-hnuse "becau e the Vidalia commissioners had concluded" all th'! charms of Counselor Pllillips's most ornate efforts, la{}king only the ideas. The Vidal1a commissioners did their work in the day-time. These Great was the sensation when Washington t.nrned upon the prosecutor. "Gentle- gentlemen did not conclude until between ten and eleven o'clock at men of the jury," said the orator, " this{lrosecutor is one of the vilest ingrates tba.t ever lived since the time of Judas Iscanot; for, ~entlemen, did you not hear from ni~ht on the da.y after the election. the witnesses that when this prosecutor was in the very oxtrellllty of his peril my Mr. MOREY. They did not commence until after they had ridden client, moved by the tenderest emotions of pity and compassion, shouted out, 'Run! sixteen miles. run ! you d-d rascal, run !' It is true, (lowering his voice aml smilin~, 1 gentle- men, he said you d-d rascal, but the honorable court will instruct you that that Mr. BEEBE. I can have a great deal of patience; indeed, I have was merely descriptio persona." The effect was prodigi.o\18. a great deal of sympathy for the gentleman. But, sir, the law of Lou- isiana is one of the most stringent in its provisions of any law en- Now, sir, that is the only parallel I know to the ingratitude of Mr. acted by any State in this Union. It requires not only that the com- Spencer, who, after the minority have a-dmitted his rebu..tting testi- mis ioners shall keep the tally-list, shall do all acts in an_d about and mony, ha~ th('. hardihood to want it considered. The majority of the concerning the holding and mu.hing returns of election, but it says committee lai<.l great stress on the proposition that Spencer produced they shall be punished with :fine and imprisonment if they do not. It this evidence in rebuttal. It is shown to be proper rebutting testi- says that any man who fails to discharge this dn_ty shall be punished mony; but it is said that it ought not to have much weight because by fine and imprisonment. There has been a grand jury held, it is it was not introduced in the first instance as testimony-in-chief. said, and no one has been indicted. Take the record and compare Mr. MOREY. The gentleman does not mean to say that I admit the transaction of that grand jury with the requirements of the law, that testimony ! and then see if there is any other or more charitable pretext or plea Mr. BEEBE. I say the minority of the committee admit the testi- upon which these grand jurors could themselves escape than that mony. I am aware that while the gentleman does not stand with which is fashionable in that vicinity-gross ignorance. the majority of the committee, he does not str..nd with the minority But a majority of the committee excluded this poll for the reason either. I am ·aware that while his counsel do not stand with the re- that the commissioners of election rode sixteen miles and went into turning board, they do not stand with the gentleman himself or with a distant precinct and canvassed the votes. True, it was in presence the minority of the committee as to either reasons or 1·esults. His of two of the candiuates; but both of them objected to the unlawful vote is, as Dundreary would say, one of "those things that no fel- action taken. The evidence shows that the tally-list had been made lah can find out." The gentleman claims 713 majority; his coun- out by parties wbo were not sworn, and the returns had been made sel carry it up to 725; the minority of the committee give him some up from these unsworn tally-lists. For these reasons, and because 600 and odd, showing how clear his case is, and how definitely estab- the votes were manipulated for over twenty-four hours under pre- lished his majority must be. tense of canvassing them, the committee say that this return is un- Now as to the first poll in the parish of Carroll. After it had been worthy of credence at the bands of any intelligent body or tribunal, shown that the grossest frauds had been perpetrated by men who had and they ca.st it out. They did not disfranchise a voter in that pre- possession of the returns, the admitted returns which one Anderson cinct. The contestee, who will hardly plead ignorance, had the Rame had caiTied in his pocket for six months, and which he swears he line of evidence which every gentleman has in all similar cases; he received from Jackson, were certified to after they were received in had the registration-list and the poll-list, and could have called the evidence-! ask the winority of the committee to remember this electors of the precinct, and they could have stated how t.hey voted. point-after they were received in evidence they were attested by The committee have not asked the House to disfranchise a single the deputy clerk, but he himself swears that they never were in his elector of the gentleman's district or of the State of Louisiana. possession up to the time of his giving his testimony. Passing now to the parish of CaiToll, perhaps I ought to say some- Mr. MOREY. The gentleman is mistaken; the original was certi- thing in ad vance concerning the condition of things in reference to fied by Galbraith, and he certifies to the correctness of the copy. the entire parish. The cont.estee bas quoted largely from the evidence Mr. BEEBE. There is no certificate by Galbraith in evidence ex- in relation to the parish presented to the State returning board. If cept the certificate given in the record in this case, which is the cer- we believe that the testimony of the parties who testified before that tificate to the returns introduced by Anderson. Anderson carried boar<.l was credible, still it wa~ ex parte and could not be entertained these returns in his pocket for six months; but that matters not, • 1876. CONGRESSIONAL RECORD-HOUSE. 3439 because this agreeable majority admitted the return. There is no was a crime against the elective franchise. There is but one resort parallel in any election record connected with the history of this of safety, and that lies in the stern rebuke of this Honse at this time House where a committee bus exercised as great liberality as has the and at all times when any such proceeding is presented and the so- majority in this very in tance, where returns carried for six months lemnity of its sanction asked. in t he pocket of a person not entitled to their possession are never- But this is not all. It is charged that one of the commissioners theless accepted as prima facie proof of the result at polll. who manipulated these returns, at least who had them in his control, Having admitted the returns, the contestant attacks them; and wa-R caught passing money out from the room in which the ballot- bow f He shows that in the first instance they opened t~e election box was stationed. All, says the sitting member, could you attach at that precinct at a door with a bar nailed across, and that the crowd any credence to trns statement Y Why not Y It is solemn testimony became so unruly and disorderly that they broke down the door. before the committee. The merchant Purdy and Andrew Cunning- Then the commissioners moved the box into the house v.nd . placed it ham swear that the man who swears to this is as truthful and cred- at a window over six feet from the ground. ible a man as lives in that parish. Why not believe the statement f Now the election law of Louisiana requires that the ballot-box Noah Lane, who is not assailed or impeached, also swears that he saw should be in the plain and open view of the electors; that every it. Andrew Cunningham swears that on election day he heard one elector shall have the privilege of seeing his ballot deposited in t.he man halloo to another that the commissioner Jackson was paying box. Nay, more, it goes further; it says that every elector shall h:J,ve out" greenbacks." the privilege of placing his ballot in tho box with his own band. Yet we are told it is but an idle story, that we are not to believe it. These commissioners, disregarding these provisions of the la.w, placed Now, if we were not called upon to believe other things equally as the box at the window six feet and over from the ground, where it vile and criminal of this man Jackson, we might stagger somewhat could not be seen by voters, as the witnesses swear. It is true some at this ; but he is shown to be capable of almost anything. The of them say that it could be seen; the testimony I concede is con- committee rejected the vote of this precinct. Let him who dares, flicting; but the weight of the testimony is that the ballot-box could advised of this record, stand up and assail the action of the majoriliy not be seen. of the committee in this regard as iniquitous or unwarranted.. After a while these eminently intelligent electors, so overwhelm- I pass now to the second precinct of this parish, and what are we ingly impressed with the dignity of the sovereignty of American cit- met with here t No returns at all are adduced. Montgomery swears izenship, resorted to the novel expedient of spliting sticks and pla.c- th~t he ne-.r signed any return. One of the_commissioners swears ing the-ir ba1lots in the sticks and poking them at the commissioners that he did sign a return. Why was not the other commissioner at a venture through slats three inches apart, nailed up and down the sworn t Why waa not the jnstice sworn before whom the verifica- · window. Unuer such a novel system of voting how could the com- tion was taken 1 Neither of them was produced 1 neither of them missioners distinguish who was at the other end of the sticks t How was called upon to testify. · could they meet their oaths, which required that they should take the The commidsioners were ·w. V(. Benham, Thomas F . .Montgomery, ballot from the h:md of the elector and let him see it deposited in the and Samuel L. Murray. Montgomery swears that he did not sign the box, or else give the elector the privilege of depositing the ballot in return, and Cunningham testifies that :Montgomery told him within the box with his own hand T a short time after the election that he would not sign any returu. One of these commissioners who-is most inculpated swears that Why did they not produce the other commissioner, Murray t It wou}d they caused proclamation to be made that everybody who debired to have benefited the case of the minority if they had producecl Murray do so could come into the room and deposit his ballot in the box. to swear that he and Benham signed the return. But Murray was This statement is contradicted by the sheriff of the county and other not produced, nor was the justice before whom they were claimed to persons. The sheriff of the county swears that the door was shut have been sworn forthcoming. aml barred, and that an officer was stationed at the door. lie swears But, as to the conduct of the election, it is shown that at this pre- that he got three friends into the room by the grace of the officer at cinct t.here was as great disregard of the requirements of the law as the door; that Jackson, who is a clerk, who had these returns in his at the other. The poll-lists, as t.he gentleman from Tennessee [Mr. care, was also a. commis ioner of election; n.nd that Jackson said that HousE] says, were kept by Tom, Dick, and Harry, by parties who no more voters should be admitted into the room. The sheriff said to were "picked up" and who were not sworn. The commissioners Jackson," Let these men vote and I will bring no more in." Cun- made up the returns from tally-lists not sworn to. The law of Louisi- ningham went in and they made objection to his voting, :md he said ana provides that the commissioners shall be sworn, that the poll-lists tbat if he did not vote there he would have to go away ·without vot- shall be made up by the commissioners, which makes them evidence, ing, for he could not vote in the rabble outside. Jackson said, and or at least competent proof from which the commissioners can make some of the testimony goes to show that he said it with an oath, that up the returns, and then the returns are to be sworn to. that was the last man who Rhould vote in the house, and the other But there is a great. parade made that there is a poll-list introduced. commissioners assented by their silence. Those familiar with the law of elections know that this House has This is the manner of the election held at this precinct: this is the frequently held that poll-lists are not records to establish anything. character of the election which these gentlemen of the minority and They are not eviuence. I think it was the distinguished gentleman the sitting member ask shall offset the election in your district, Mr. from .Mississippi [Mr. LAMAR] who held-at least it was ·upon a case Speaker, and in mine. What avails it that we obey the solemn re- arising while he was on the committee-that poll-lists are not evi- quirements of the law f What avails it ~hat our constituents, con- dence. They are items going to make up evidence. And when in- scious of the great dignity wherewith they are invested, strictly trounced they of themselves prove nothing. Ill this case tbe super- comply with the provisions of the law when they seek to express visor of election of that parish swears that from that poll-list and their will through the silent but potent medium of the ballot, if these from the names of those who voted he believed that Spencer received men in Louisiana and elsewhere can holcl a riot of this kind a.nd more votes than were allowed to him. christen it an election f Pass now to the third precinct. In that precinct the gentleman The committee disregarded t.his farce; they would have been un- says there wns no evidence of fraud. He undertook to have this worthy of seats in this body, they would have been unmindful of Honse believe that there was no such evidence, except in the one their obligation to this Government as officers of it, and utterly unfit matt-er of the poll at the first precinct. Now, in the third precinct to exercise the franchise itself, if t-hey bad admitted any returns or of this same parish one of the commissioners is brought forward by result made up from a.ny such miserable farce as this. But this is the sitting member himself; be is introduced to prove that this elec- not all. tion was all serene and fair. What is his testimony T Mr. WELLS, of Mississippi. Will the gentleman allow me to in- The election in the third precinct was conducted very loosely- terrupt him f Mr. BEEBE. I have but an hour's time altogether. This is a witness. introduced by the sitting member- ~Ir. 'WELLS, of Mississippi. My point is this: Is it not true that ! know that the law was not complied with in many instances. There were a great the democratic United States supervisor and all the candidates for many charges of unfairness, which I, as commissioner, attempted to correct, bnt was overrUled. Candidates for office were allowed to keep the tally-sheet. Parties office-- were allowed to vote who were under age, and others who had not proper ref!istra- .Mr. BEEBE. I have no patience with this puddling about a dem- tion certificates. The ballots were not counted nor returns made up until thirty- ocrat or a republican. I have lived long enough to know that there six hours after the closing of the polls. The official count upon which the retll'ns are vile and corrupt men in every party. I ask no questions as to were made up was made at Providence thirty-six hours after the close of the elec. their political associations or professions. Among the twelve apos- tion. tles one proved base ancl corrupt. Can it bo presumed then that the This is such an election as gentlemen of other districts are asked democratic party does not embrace within its numbers men who are to allow to offset their own. This is snob ~n election ns it is asked cor:mpt, men who are as vile as were those who served as commis- shall counterbalance the voice of your constituents legally a.nd sol- sioners of election in this parish T emnly expressed through the forms which have been provided by the But sir, to proceed. It is in evidence that this man Jackson was statutes of your country. So long aa I hold a position upon the Com- caught by the sheriff of the county taking a ballot from an elector mittee of Elections I never will accredit the result of an election so and substituting another for it and placing it in the box. Will the conducted. I disfranchise no one. I merely give not.i ce by my ac- gentleman from Iowa, [Mr. McCRARY,] with his historic reputation, tion, and you, if you assent to the proposition laid do·wn by the major- undertake to defend such proceedings as these Y Will he send us ity of the committee, give notice that you will require the electors in back, after the sitting member bas had the notice which the statutes this and every other district to abide by the provisions of the stat- of the Federal Government give him-will he send us back to ver- utes which have been enacted for the government of all of us alike. ify an election presided over by such corrupt miscreants as the record But in the argument for the sitting member the scene is shifted. showR these commissioners to have been¥ It was a farce ; nay, it The case is begged, begged by the gentleman from Iowa himself. He 3440 CONGRESSIONAL RECORD-HOUSE. 1\IAY 31, wants us to send this case back-forwhaU For more testimony. On is an increase for Morey, and I ask your attention to it, for it only what ground? 0, the doctrine of probabilities is invoked. I had gave a Tepublican majoTity of 835 in 1872. supposed that" probabilities" were only an authority in governing the Mr. MOREY. That is the parish I live in, and keeps increa-sing wea,ther department; but if they a.ro to ue solemnly il'voked in con- every year I run. nection with election result-s I ask gentlemen of this House to compare .Mr. BEEBE. It does T Let us see. Here is where our friend the the returns in the parish of Carroll. where this dispute a,rises, with contestee lives. Let us" hit him where he lives." Ouachita in 1~72 those. in the parish of Tensas, a small remove below. The latter par- gave a republican majority of 835 against 943 in 1874, being the only ish is upon the river, where the gentleman tells us he has such great parish wh,ere Morey increased the Tepnblican majority. Here we popularity; there he is all-powerful; be goes forth "conquering and are asked to contravene the scriptural saying: "A prophet is not with- to conquer," because he bad a record with reference to the levees of out honor, save in his own country anc1 in his own house." the Mississippi River. Now, what is the result in that regard' Will In this Onttehita. Parish-give me your attention my friends, for this be stand or fall by the leveesf If I overwhelm him with a deluge is where he lives-this parish of Ouachita, on a registration of 2,645 from his levee stronghold bearing directly upon his case, will he sub- in 1874, gave it is claimed 2,460 votes; while in 1872, on a registra- mit with gracef tion of 3,281, it gave only 2,047 votes, a.bout 400 more votes on GOO Gentlemen, the parish of Tensas in 1872 gave 2,109 republican ma- less registration thn.n 1874. It does not mn.ke any difference whether jority. The negro vote in the parish of Tensas was 3,166, against 353 .they register or not, my friend is sure to havo his vote increased. In whites in 1874. Yet the majority of 2,109 scored in 1872 was changed other parishes we find where there were respectable republican ma- in 1874 to a democratic mnjority of 754. Where are yonr levee stays jorities in 1872 Morey gets only 80 or 90 votes in all. For instance, now T ·w here is this all-sufficient record which bears up the con- Jackson gave 164 republican majority in 1872, in 1874 Morey got testee in this emergency T Ah, he would float upon the wa,ters of the only 94 votes in the whole parish. Mississippi into this House; but, sir, the levees give way in the parish In Richland Parish, oq a total vote of 1,174, Spencer gets 293 in 1874. directly below the contested groLmd of Carroll, and in Tensas, where In 1872 the democratic majority was 428. This is the only case where the negro registration is 3,109 against 353 whites, we find thj,t a ma- there is any falling off in the democratic vote. jority in his favor two years ago of 2,109 is changed, admitteuly ap.d Tensas-now give me yonr .a.ttention.-with a registration of 3,166 concedeclly changed, to a majority of 754 for Spencer in this election. colored, (I will not follow the example of the contestee and say But proceeding further with the doctrine of probabilities, I will "darkies," beca.use it is fa.qhionn.ble for democrats to respect these take the parishes of the district and run them over ver,v hurriedly. " men and brothers" and call them "colored gentlemen," and I must ·CR.ldwell Parish in 1872 gave a republican majority of 117; in 1874 a not follow the example of my friend from Louisiana, and nuuertake democratic majority of 139. Then take Carroll Pariah, and I ask gen- to cast a. slur upon them ; truth is as white from colored lips a-s com- tlemen to bear this in mind, to give it their attention on the score of ing from the lips of my friend who is the conte tee,) Tensa , with a . probabilities; I ask gentlemen who have been whispering around the registration of 3,160 colored votes against 353 whites, gi·ves Spencer House that probably Mr. Morey was elected to give this some litt.le 750 majority against a republican majority two years before of 2,109, attention. In the presence of my Crea.tor I will say that if I waa making a change of 2,900 in that parish. mora.l ly certain-if I had what gentlemen call "moral ovidence," sat- Union, which gave a republican majority of 29 in1872, ga.ve a demo- isfying me that Mr. Morey was elected by a majority of the votes cratic majority of 716 against Morey in 1874. Where, 0, where is really cast at the election in that district, I never would have signed your doctrine of probabilities f the report of the majority of this committee. Tensas, accm·ding to the table on pa.g e 104 of the record, gave only 'I'he parish of Can·oll in 1872, with a negro registration of 2,073 243 democratic votes to 2,62'2 republican; while it is concedcu Spencer against 572 whites, on a total vote of 1,834, gave only 1,070 majority got 754 in the last election, which shows the colored troops fought for .Morey. Tensa a.t the same election gave 2,100 republican ma- nobly. [Laughter.] Where is your doctrine of probabilitiesf jority. Both of these parishes lie upon the river. We have the evi- Now, gentlemen, my sympathies are with the sitting member. He dence of witnesses that there was a disaffection in the 1·epublican has held office for fonr years, bnt I will not continue him the brief vote in Carroll. We have man swearing that Mr. Spencer's name was period of his term; I will not vote to continue him to Uarch 4, 1877, pasted over Morey's and voted on the regular republican ticket in that pleading for him ~~norance; for four years he has held his sea.t in paTish; that he received also the conservative vote. Although Gla this House the intelligent peer of his brethren, and when be went to .anu Benham were quarreling there and in a grip which meant death t$l.ke his proofs in this contest he knew what the laws he helped to to the one or the other, we are asked to believe that in 1874 Carroll enact required. He knew that t.his House always shra.nk from dis- Parish, on a total vote of 2,0~33, gave twice as large a majority for Mr. francllising the votes of any one, and that by calling the voters he Morey as it did in 1872 upon a total vote of 2,199. could have proven how they voted. But hekuew also that if he could Apply the doctrine of probabilities, and answer me in candor, gen- hold his seat up to this hour, and then ask this committee to go back tlemen, is there eviuence inducing you to believe that Mr. Morey re- with him totakeothertestimony, testimony which he did not addoce ceived this great majority f If he had, would not the evidence be in chief, he could hold his seat on until the end of tho t~rm. forthcoming f Would not Murray have been produced; would not But, sir, :Mr. Spencer and his constituents have some rigllts which other w:i tnesses have been called to sustain the infamous Jackson, we are bound to respect. On the record made his election is estab- the miserable Benham, and men of that character, who are contestee's lished, and if "probabilities" a1·e to be considered, I have shown that ma.in witnesses T In the parish of Claiborne SpencmJs majority in they, too, indicate his elec~ion. In afldit.ion to suggestions already 1874 was 712, against a democratic majority in the same parish two made under the head of probabilities, let me refer to a "probn.bility" years before of only 415. The majority is almost double. In Cata.- 'of a general character. In this cloot.ionin 1874-I appeal to you gen- honla Parish we :find that in 1874, on a total vote of 1,576, the demo- tlemen who have memories that will go back to that peri01l-wheu cratic majority was 96. That parish gave two years b~fore a repub- you as republicans or as democrats t'lat around the places where the lican majority of QOO. returns were being borne t.o yon on the wings of the lightning on the One precinct of Concordia is CO{ltested. She gave a. republican night of the election and the da.y afwr, when yon learned tlia.t .Mas- majority of 1,485 in 1872. She had then a total vote of 1,857. Now sachusetts even had swung loose from her miry lodgment in the she has a total vote of 2,193. "low grounds" of republicanism, and hall gone democratic-when Franklin Parish bad a democratic majority of 405 against 267 two you learned that Butler had been borne by the tidal wave into a. far years before. off offing, from whence it is yet to be determined whether he can Jackson Parish had a democratic majority of 440 against a repub- make his way safely to land again-when you learned thu,t the elec- lican majority two years before of 164. · tion returns from California to Maine showed a great increase for the Lincoln Parish was not counted in 1872. It met the convenience democratic party, did you not think it singular that Louisiana was of the gentlemen who are the ruling authority and supreme in that joined to her idols? Did you not.believe then and do you not believe locality of our countr)T to throw out Lincoln in 1872. now thttt motives had influenced her people1 or that influences haenison, Dobbins, Dunnell, Eames, Frost, Frye, Har· Mr. DAVIS, ispairecl with WILLIAM B. WILLIA.MS,of Michigan, and my alson, Ben.jamin W. Harris, .tlathorn, Hays, Hendee, Henderson, Hoge, Hubbell, Hurlbut, Hyman, Joyce, Kelley, Ketchum, Kimball, Franklin LanJd. The question recurred upon the resolutions offered by the minority smith W. Hewitt, Hill, Hooker .tlouse, Hunton. Jenks. Frank Jones, Thoma-s L. Jones, Knott. Lamar, Levy, Lewis, Lord, Luttrell, L·vnde, Maish, McMahon, Met- of the committee as a substitute for the resolutions of the majority. calfe, Milliken, Mills, Money. Morrison, Mutchler, O;.Brien, Odell, Parsons, Payne, Mr. BAKER, of Indiana. I desire in behalf of the minority of the Popplewn, Powell, Randall, Rea, Riddle, Miles Ross, Savage, Scales, Schleicher Committee of Elections to withdraw the Jast of the two resolutions ~ing;leton, Slemons, Southard, Stenger, Thompson, Tnmoy, Robert B. Vance, Walsh, Erastus W.-Ils, Wbitthorno, James Williams, James D. Williams, Jeremiah N. presented a-s a sn bstitute for the report of the majority. Williams, Willis, and Yeates-101. Mr. BEEBE. I rise to a question of order. I submit that debate NOT VOTING-Messrs. John H. Baker, Bass, Bell, Blackburn, Blaine, Bliss, is not in order, the previous question having been seconded and the Samuel D. Burchard, Burleigh, Cabell, Campbell, Ca.son, Chapin, Conrrer, Cook, main question ordered. Cowan, Crapo, Darrall, Davis, Durand, Egbert. Ely, Evana, Faulkner, Fo~t, Foster, Mr. BAKER, of Indiana. I will simply say that the minority of l•'reemau. Garfield, Ga.usa, Gibson, Goode, Gi>odin, IIale, Hancock, HenryR. Harris, John 1'. Harris, Haymond, Abram S. Hewitt, Hoar, Holman, H..,pkins, Hoskins, the committee desire a separate vote upon each resolution. Hunter, llurd, Ka.ason, Kehr, King, George M. Landers, Lane, Lapham, LeMoyne, Mr. BEEBE. I cn,ll the gentleman to order; no debate iB in order. IV-216 • 3442 CONGRESSIONAL RECORD-HOUSE. MAY 31, The SPEAKER pro temp01·e. The previous question having been from Nevada, Mr. WOODBURN. My colleague, if present, would vote ordered by the House, nothing is in order but to proceed to vote. "no" and Mr. ·wooDBURN" ay." Mr. McCRARY. But it is always in order to call for a division. Mr. OLIVER. I am paired with the gentleman from Pennsylva- ·The SPEAKER pro ternpm·e. Is there objection to the request of nia, Mr. HOPKINs, who, if present, would vote" no," while I should the gentleman from Indiana to withdraw the second resolution T "ay." Mr. RANDALL and others objected. .Mr. VAN VORHES. On this question I am paired with my col- Mr. BAKER, of Indiana. If there is any objection then I call for league from Ohio, Mr. VANCE. If he were here he would vote "no" a separate vote on each resolution. and I should vote" ay." Mr. HOLMAN. I hope we shall be allowed to hear the proposition Mr. WILSON, of Iowa. I am paired with the gentleman from which my colleague [Mr. BAKER] desires to submit. North Carolina, Mr. WADDELL. The SPEAKER pro tmnpm·e. The gentleman will state his request. Mr. MAcDOUGALL. I am paired upon this question with the gen- Mr. BAKER, of Indiana. The request I desire to make is simply to tleman from Vh·gini.a, Mr. TERRY. If present he would vote "no" withdraw the last of the two resolutions submitted by the minmity of and I should vote " ay." the committee, so that a vote may be taken simply on the fu·st, which .Mr. YEATES. I am requested by my colleague, Mr. DAVIS, to declares that William B. Spencer was not elected and is not eptitled state that he is paired with the gentleman from Michigan, Mr. W. B. to a seat in this House. If objection is made to the withdrawal, then WILLIAMS. My colleague, if present, would vote "no." I aak a division of the question, so that ea~h of the resolutions re- Mr. RICE. On this question I am paired with the gentleman ported by the minority may be voted on separately. I desire, how- from Florida, Mr. PURMAN. ever, a vote on the first only. The result of the vote was announced as above stated. The SPEAKER pro tempore. Is there objection to withdrawing The question then recurred on the second resolution reported by the last of the resolutions reported by the minority of the committee! the minority of the committee; which was read, as follows: Mr. YEATES. I object. R&ol11ed, That Hon. Frank MoreY was elected and is entitled to a seat in this Mr. BAKER, of Indiana. Then I demand a division of the ques- House. tion. The resolution was not agreed to. The SPEAKER pro temp01·e. The gentleman has the right to have The question next recurred on the following resolutions reported the question divided. The first resolution will be read. from the Committee of Elections: The Clerk read as follows : Resolved, That Frank Morev was not elected and is not entitled to a. seat in the R£solved, That William B. Spencer was not elected and is not entitled to a seat House of Representatives of "the Forty-fourth Congress from the fifth distl·ict of in this House from the fifth congressional district of the State of Louisiana. Louisiana. Resolved, That William :S. Spencer was elected and is entitled to a seat in the Mr. BAKER, of Indiana. On this resolution I call for the yeas House of Representatives of the Forty-fourth Congress from the fifth district of and nays. Louisiana. ' The yeas and nays were ordered. The resolutions were adopted. The question waa taken; and there were-yeas 74, nays 99, not Mr. HOUSE moved to reconsider the votebywhich the resolutions voting 116; as follows : were adopted; and also moved that the motion to reconsider be laid YEAS-Messrs. Adams, George A. Ba.,.ley, William H. Baker, :Ballou, Blair, on the table. :Bradley, William R. Brown, Horatio C. Burchard, Cannon, Caswell, Chittenden, The latter motion was agreed to. Urounse, Danford, Davy, Denison, Dobbins, Dunnell, Eames, Frost. Frye, Haral· son, Benjamin W. Harris, Hathorn, Hays, Hendee. Henderson, Hoge, Hubbell, ORDER OF ~US:rnESS. Hurlbut, Hyman, Joyce, Kelley, Ketchum, Kimball, Lawrence, Leavenworth, Lynch, Edmund W. M. Mackey, Magoon, McCrary, McDill, Miller, Monroe, Mor- Mr. DURHAM. I move to take up the bill (H. R. No. 3156) to per- gan, Nash, Neal, Norton, O'Neill, Packer, Page, William A. Phillips, Pierce, Plais- fect the revision of the statutes of the United States, which was ted, Platt, Potter, Pratt, Sobieski Ross, Sampson, Seelye, Sinnickson, Sm::ills, A. made the special order for this day. Hen· Smith, Thornburgh, Martin I. Townsend. Washington Townsend. Tuft-s, Mr. PAGE. I move the House adjourn. Wai.t, Alexander S. WaTiace, John W. Wallace, G. Wiley Wells, White, Whiting, Willard, and Andrew Williams-74. The SPEAKER p1·o ternpore, (Mr. SPIUNGER in the chair.) The first NAYS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Ba.,.by, John H. Bagley, jr., business in order is the 1mfi.nished business of Saturdav. Banning, Beebe, Bland, Blount. Boone, Bt'lldford. Bright, Jo'hii Young Brown, Buck· Mr. BANNING. I believe, Mr. Speaker, I am entitled to the floor ner, John H. Caldwel1, William P. Caldwell, Candler, Cate, John B. Clarke of Ken- on the Army bill. The gentleman from Kentucky [Mr. DURHA..l'\1] has tucky, John B. Clark, jr., of Missouri, Clymer, Cochrane, Collins, Uox, Culberson, Cutler, De Bolt, DibreU, Douglas, Durham, Eden, Ellis, Felton, Finley Forney, a matter of great importance which should be considered at an early Franklin, Fuller, Glover, Andrew H . Hamilton, Robert Hamilton, Hardenbergh, day, and I think will take but a few minutes this evening. Hanison, Hartric!ge, Hartzell, Hatcher, Hereford, Golrlsmith W. Hewitt, Hill, Mr. PAGE. The gentleman from Ohio has not the right to yield Hooker, House, .t:Lunton, Hurd, Jenks, Frank .Tones, Thomas L. Jones, Lamar, Franklin Landers, I.e Moyne, Levy, Lewis, Lord, Luttrell, Maish, Metcalfe, Mil· the floor when I take the floor to move an adjournment. I insist on liken, Mills, .Money, Morrison, Mutchler, O'Brien. Odell, Parsons. Poppleton, Pow- my motion to adjourn. ell, Randall, Rea, Riddle, John Robbins, Miles Ross, Savage, Scales, Schleicher, The SPEAKER pro ternpo-re. The first business in order is the un- Sheakley, Singleton, Slemons, Southard, Stenger. Thompson, Turney, Robert B. finished business of Saturday, on which the gentleman from Ohio Vance, Walsh, Warren, Erastus Wells, Whitthorne, James Williams, James D. [Mr. BANNING] is entitled to the floor. Williams, Jeremiah N. Williams, and Yeates-99. NOT VOTING-Messrs. John H. Baker, Banks, Ba. s, Bell, Blackburn, Blaine, Mr. PAGE My motion is in order. :Bliss, Samuel D. Burchard, Burleigh, Cabell, Campbell, Cason, Caulfield, Uhapin, The SPEAKER pro temp01·e. The Chair has not recognized the gen- Con~r, Cook, Cowan, Crapo, Dan-all, Davis, Durand, Eg_bert, Ely, Evans, Faulk· tleman from Ca1ifor:::ria to make the motion. The gentleman from ner, ~·ort, Foster, Freeman, Garfield, Gause, Gibson, Gooae, Goodin, Gunter, Hale, E;ancock, Henry R. Harris, John T. Harris, Haymond, Henkle, AbramS. Hewitt, Ohio has a right to yield the floor, which he has done, to t.he gentle- Hoar, Holman, Hopkins, Hoskins, Hunter, Kae adjourned. very larfTe numberofsuggestionsmadefrom the State, Treasury, War, and oth:r Departments, the two joint committees have. agreed upon PETITIONS, ETC. . this bill perfecting the statutes as they were at that time so far as our attention had been called to it. It is simply to correct errors and The following memorials, petitions, and other papers were presented to perfect the statutes. They have entered upon no new legislation. at the Clerk's desk under the rule, and referred as stated: ThE\v have changed no statute, except as they found it on the 1st Bv Mr. BAGBY: Memorial of 716 citizens of Aurora and Sycamore day 'of December, 1873. Unless some ~entleman has some question to Counties, Illinois, against the ~anufacture. or. sale of intoxica:ting ask I shall demand the previous questiOn. liquors in the District of Columbia and Terntones, to the ComiDitt.ee The previous qnestion was seconded and the main question ordered. on Education and Labor. l\1r. HOLMAN. The bill has not yet been read. Also, the petition of 127 citizens of Mercer County, Illinois, fo~ the The SPEAKER pro tentp01·e. It will be read if the gentleman de- repeal of the resumpti.on act of January 14, 1875, to the Comm1ttee sires it. on Banking and Currency. Mr. HOLMAN. The bill has not been brought prominently to the By Mr. BRIGHT: The petition of the Cumberland Presbyterian attention of ti.Je House until now. I suggest to the gentleman from church at Fayetteville, Tennessee, to be compensated for damages Kentucky thtt.t inasmuch as a vote is called for on the bill it ~e post- 'done their church building by United States soldiers during the late poned until after the reading of the Journal to-morrow morn mg. war to the Committee on War Claims. M1·. DURHAM. I have no objection flxcept that there is other bus- By Mr. CHITTENDEN: The petit.ion of th.e National :Soard of ~ire iness pressing, and we had better get through with it now. Underwriters, for the enlargement of the duties of the Stgna.l Service, Mr. HOLMAN. I am in the condition of very many gentlemen on to the Committee on Commerce. the floor, not having read this bill. I discover n••t only it corrects By Mr. DAVY: The petition .of. citize!ls o~ Rocheste~, New York, errors but makes certain additions. for the appointment of a commission of mqmry concernmg the alco- Mr. DURHAM. The gentleman is mistaken. holic liquor traffic, to the Committee of Ways and Means. 1\lr. HOLMAN. What is the title of the bill f By Mr. GARFIELD: Memorial of Clement Messenger, to be paid The SPEAKER pro ternpo1·e. The Chair understands there is no new $105 by reason of the loss by him by fire of United States notes of legislation in the bill. that amount, to the Committee of Claims. Mr. PAGE. With the consent of the gentleman from Kentucky I By :Mr. GOODIN: Petition of a delegation of Cherokee Indians, for will now renew my motion to adjourn, as this will come up as unfin- an amendment of the pension laws extending the time for t.he final ished bu ine~s to-morrow. settlement of the pension claims of Indians, to the Committee on In- Mr. HOLMAN. I ask unanimous consent tha1;, without the reading valid Pension8. of this bill, the vote be taken on it immediately after the reading of B:v Mr. HOLMAN: Papers relating to the claim of Sterling A. Mar- the J o1unal to-morrow morning. tin 'late a private Company I, Thirty-seventh Regiment of Indiana .Mr. HURLBUT. The adjournment will do t.hat. Voiunteers for services rendered by him to the military authorities Mr. HOLMAN. But the gentleman from Ohio [Mr. BANNING] does of the United States at Nashville and Gallatin, Tennessee, in 1862 and not want the House to adjourn upon this. 1863, to the Committee on War Claims. The SPEAKER pm tempore. The Chair will submit the proposition By Mr. LANE: The petition of A. Goodnough and other citizens of of the gentleman from Indiana that the reading of the bill be ~is­ Oregon, for relief against Chinese immigration, to the Committee on pensed with, and that the vote be taken thereon to-morrow morrung Commerce. immediately after the reading of the Journal. Also, the petition of James Bar~ and other citizens of Oregon, of There was no objection, and it was so ordered. similar import, to the same comm1ttee. By 1\Ir. LEAV.ENWORTH: Concurrent resolution of the Legisla- REDUCTION OF TilE ARMY. ture of the State of New York, declaring that it is unwise, impolitic, Mr. BANNING. I believe I am entitled to the floor on the bill for and dangerous at this time of depressed trade and heavy financial the reduction of the Army, which now comes up as unfinished busi- burdens for Congress to grant aid in t~e construction of a rai~oad ness. I call up that bill, but yield to my colleague, [Mr. MONROE.] line from northeastern Texas to the Pacific Ocean, to the Committee LOAN OF PIECES OF ARTILLERY. on the Pacific Railroad. By Mr. MAcDOUGALL: The petition of citizens of Cayuga County, Mr. MONROE, by unanimous consent, introduced a joint resolution New York for the erection of a court-house and post-office for tile (H. R. No.119) authorizing the Secretary of War to loan to the authori- use of the7 United States at Auburn, New York, to the Committee on ties of Steubenville, Ohio, two pieces of artillery to be used in cele- Public Buildings and Grounds. brating July 4, 1876; which was read a first and second time. By Mr. McFARLAN:D: The petition of ~r. Jo.hn ~· Rhaton, of The joint resolution was read: It au.thorizes the Secretary of ~ ar Massy Creek, Tennessee, for a rehearing of hiS cla1m reJMted by the t.o loan to the city of SteubenVllle, Ohw, from the most convement southern claims commission, to the Committee on Wa1;. Claims. Government aiSenal, two pieces of a.r tillery to be used by the authori- By Mr. PARSONS: The petition of Elijah Thurman, late a private ties of said city in celebrating the Fonrth of July, 1876; said artillery Company E, Twenty-eighth Regiment Kentucky Infantry, that he be to be returned immediately after said celebration at the risk and ex- granted a pension to date from t~e time of hi~ discha~ge from the pense of said city authorities. United States Army, to the Committee on Invalid PensiOns. The joint resolution was ordered to be engrossed and read a third By Mr. REA: Re~onstrance of the Saint !oseph (Missouri) Medi- time ; and being engrossed, it was accordingly read the third time, cal Association, agarnst the passage of the b11l ~antm(J' a chart~r to and passed. the Surgical Institute of the District of Columbia, to t'lie Committee JO!rn W. BRIDGELAND, for the District of Columbia. Mr. BANNING. I yield now to the gentleman from Tennessee, [1\Ir. By Mr. THORNBURGH: The petition of R.:M. McClung, president CALDWELL.) Commercial Bank, Knoxville, Tennessee, for payment for a 7.30 ?lote Mr. CALDWELL, of Tennessee. I ask uuanin}ous consent to sub- destroyed by fire while in the United States mails, to the Committee mit the following resolution for presegt consideration. of Claims. 3444 CONGRESSIONAL RECORD-SENATE. JUNE 1, IN SENATE. claims reported allowed by the commissioners of claims under the act of Congress of March 3, 1871, and for other purposes. THURSD.A.Y, June 1, 1876. The following bills from the House of Representatives were sever- aJly read twice by their titles and referred to the Committee on Pen- Prayer by Rev. P. H. BuRGH.Al.~'IT, of WaBhington, District of Co- sionti: lumbia. A bill (H. R. No. 2242) granting a pension to George McColly · The Journal of yesterday's proceedings was reacl and approved. .A. bill (H. R. No. 3184) granting a pension to Emerick W. Ha~sell· EXECUTIVE COMMUNICATION. .A. bill (H. R. No. 3277) granting a pension to Kate Louise Roy· ' The PRESIDENT pro tempore laid before the Senate a letter from .A. bill (H. R. No. 3278) granting a pension to Ellen Fechtel; ' !1 the Secretary of the Treasury, in answer to a resolution of Aprii 26, .A. bill (H. R. No. 3279) granting a pension to Benjamin C. Webstel" 1876, relative to the cost of the Signal Service Corps and the expe- .A. bill (H. R. No. 3280) granting a pension to James Johnston· · ' diency of transferring the service to the Trensury Department, trans- .A. bill (H. R. No. 3281) granting a pension to Hannah .A.. Wood'· and mitting a report from the Chief Signal Officer of the .A.rmy; which was .A. bill (H. R. No. 3282) granting a pension to Sarah McCooey.' ordered to lie on the table, and be printed. JOSEPH ANDERSON. RECEIVERS OF NATIONAL BANKS. The PRESIDENT pro tenlpore. Petitions and memorials are now The Senate proceeded to consider its amendments to the bill (H. in order. R. No. 2441) authorizing tbe appointment of receivers of national M.r. COOPER. I present the petition of Joseph .Anderson, of Nash- banks, and for other purp·oses, disagreed to by the House of Repre- ville, Tennessee, praying compensation for certain lumber furnished sentatives. the Qnartermaste1Js Department of the United States Army, at Nash- On motion of Mr. SHERMAN, it wa.s ville, in February, 1862, to be referred to the Committee on Claims· l.lesolved, That the Senate insist upon i~ amendments disagreed to by the House an~ in this connection I move that ~he bill (H. R. No. 2G93) forth~ of Representatives, and agree t{) the conference asked by the House on the disa- relief of Joseph .Anderson, of Nashville, Tennessee, which has been greeing votes of the two Houses thereon. reported adversely from the Committee on Claims, be recommitted to By unanimous consent, it was that committee. Ordered, That the conferees on the part of the Senate be appointed by the Presi. Mr. WRIGHT. I understand the Senator from Tennesseenowpre- dent pro te-mpore. sents additional testimony in that case' The PRESIDENT pro tempore appointed Mr. SHERMAN, Mr. LOGAN, Mr. COOPER. I present a new petition with new evidence. The and Mr. KERNAN. bill is on the Calendar with the adverse report of the committee. Mr. KERNAN subsequently said: I shall not be able, on account Mr. WRIGHT. I suppose the order to recommit bad better be of other engagements, to net on the committee of conference ap- made. pointed this morning. I beg to be excused, tmd ask that another be The PRESIDENT pro tempm·e. The petition oow presented will be appointed in my place. referred to the Committee on Claims, and the bill will be taken from By unanimous consent Mr. KERNAN was excused, and the President the Cn,lendar and recommitted to that committee, if there be no ob- pro tempore appointed Mr. BAYARD to fill the vacancy. jection. The Chn,ir hears none, and it is so ordered. HOUSJty- for supplies furnished the Yankton Sioux Indians durin!! N o>em bo1· and Decem her. 1!!00, and January. Februar.v. March, April, and May,1867, to prevent suti'eringand 1\fr. BOGY. Rather than have that whole book read, I will suc- abRolute starvation of said Indians. cumb and accept the ' amendment of my colleague. I give it up. There being no funds at the llispol'lal of the Department a.pplic.'l>ble to the pay- [Laughter.] ment of this claim, the attention of Congress is respectfully invited to the subject The PRESIDENT pro tempm·e. The question is on the amendment with a view to the necellsary appropriation for the payment of said claim. Very respectfully, your obedient servant, of the Senator from Missouri, [Mr. CocKRELL.] C. DELANO, Secretary. Mr. COCKRELL. I will put the amendment in this form: Hon. JAMES G. Br..AINE, Insert at the end of the bill: Speaker of the House of Represrmtativu. Provided, That said sum shall be retained and re-im bnrsed to the Treasury of the United States out of annuities due, and to become due, to the said Indians. DEPARTI!JE?o."T OF THE L"TEJUOR, OFFICE OF INDIA~ AFFAIRS, The question ·being put, it was declared that the amendment Wabhington, D. 0., January 10, 1871. appeared to be rejected. SIR: I have the honor to inclose herewith two copies of a claim amounting to A division was called for. $11,329 of C. E. Hedges, of Sioux City, Iowa, for supplies furnished the Yankton Sioux Indians during November and December, 1866. and January, Febma.ry, Mr. INGALLS. I really hope that a. division will not be called for March, April, and May, 1867, at the urgent request of t.he Imlians, to prevent suf- on this question, because it will result in the termination of this fering aml absolute star,·ation, and upon the promise of the a~ent, P. H. Conger, afternoon's business. I think we ought to agree to the amendment. that ne would nse his influence t~ obtain payment of the claim ny the Department. The claimant suhmits in support of the claim the affidavit of A. C. Guyon to the Mr. SARGENT. Let the question be tried a~ain on.the sound. effect that a larg~ lot of flour, bacon, sugar, and coffee were furnished sa.i(\ Indians, The PRESIDENT pro tempore. The Chair will again put the ques- and that it was their wish that the trader, Mr. Hedges, .should be paid for the pro- tion. visions furnishe5 to 1859, p~es 743 to 749; was concluded at Washington April19, 1858; ratified by the Senate February 16, 1859; and proclaimod by thePresidentFebrn:uy 26, 1859. dered to a third reading. By articlo 4, section 2, the United States !\greed- The bill was read the thiril time. .. To pay to them, or expend for their h~nefit, the sum of $65,000 per annnm for Mr. COCKRELL. I should like to have the yeas and nays on the ten years, comm encing mth the year in which thev shall remove to and settle and pa-ssage of the bill. I do not think that the Se!late ought to grant an reside upon their f'aid reservation; $40,000 per a:Dnunt for and during ten years thereafter; and $15,000 per annum for and during twenty years thereafter; mak- extension of any of these patent-1ights. . ing $1,600,000 in annuities in the period of fifty years, of which sums the President Mr. KERNAN. We do not by this bill. We only allow this m~n of the United States ~hall, from time to time, determine what proportion shall be to apply now on account of his mistake by which he did not apply paid to said Indians in cash and what proportion shall be e:rpended for their at the proper time. benefit, and also in what manner and for what objects such expenditure shall be made, due regard being had in making such determination to the best interests of Mr. COCKRELL. That iseqnivalentto granting a renewal of the said Indians. He shall likewise exercise t.h e power to make such provision out of patent-right. When you send him before the Commissioner of Pat- said sums as he may deem to uo necessary and proper for the support and comfort ents yon authorize the Commissioner of Patents to go on and grant of the aged or infirm and helpless orphans of the said Indians. In case of any ma- a renewal. I am opposed on principle to granting extensions by acts terial d~crease of said Indians in number, the saitl amounts may, in the discretion of the President of the United States, be diminished and reduced in proportion of Congress. There is a law, and everybody knows what that law is, thereto, or they may, at the discretion of the President of the Uuited States, be an1l should comply with it. This patent has already been in exist- discontinued entirety, should said Indians fail to make reasonable '1lld satisfactory ence fourteen years, and it does seem to me that is sufficient. etl'orts to advance and improve their condition; in which case such other provision .Mr. WINDO~l. If it were not for delaying business I should like shall be made for them as t·he President and Con~ess may judge to be suitable and proper. to have the yeas and nays on this bill, because if t.h e Senate should "Third. In addition to the foregoing sum of $1,600,000 as annuities to be paid reject this one, I think the Committ.ee on Patents would consider to or expended for the_ benefit of said Indi~ns during the period of fifty years, as themselves instructed to report no more under any circumstances; before stated, the Umted States hereby stipulate and agree to expend for their for if there is a case that is exceptional and free from all objection, benefit the sum of jO,OOO more, as follows, to wit: "Twenty-five thousand in maintaining and snbsistins: said Indians during the it seems to me this is the one. Here is a patent of great value to the first year after their removal to. a.nrl perm:ment settlement upon, their reservation, public; one which, according to the evidence, costs the public noth- in pnrchasin"' stock, implements, &c. ing, because it is manufactured by the party bimself and no royalties "Fourth. To expend lO,OOO to build a school-house, &c. "And such furt.h er sum, in addition t<.~ said $LO,OOO, as shall be deemed necessary a1·e sold; one out of which he has made no rensonable compensation and prop~r by the Presirlent, shall be reserved and taken from their said annuities whatever. This is not an extension; but the bill simply authorizes aml applied annually to th~ support of the schools, to furnish them with assistance him to go before the Commissioner and make application, and the ail!, and instrnctiou in agriculture, &e. ' whole point in the case is that it relieves him from a mistake as to " .F ifth. To provicle said Indians with a mill, one or more machine-shops &c. and to e~"Jlend therefor a sum not exceeding $L5,000." ' ' the time. He would have bad the right under the law to make this Article 6 provides: application, but being mistaken as to the time-he wa.s fifteen days "I~ is hcreb:y agreed and understood that the chiefs and headmen of said tribe behind-he did not make it until seventy-five days before the expira- may1 in their dtscretion, in open council, anthorize to be paid out of their said an- tion of the patent instead of ninety. Had he been fifteen days ear- nuiti_es s~ch a sum or sums as may be found to be necessary and proper, not ex:. cee~g In the aggrega~e '150,000, to sa~fy their just debt and obligations, and to lier, it would not have been necessary for him to come to Congress. pt'OvJde f~r such ?~then h~lf-bre~d relation~ as do not live with th~m or draw an;y- In every view of the case it is exceptional and free from objection. part of sanl annmties of said ln(lians: Provided, hewever, That then said detenm- Mr. SARGENT. What is the patent f nations shall be approved by their agent for the time being and the said payments Mr. 'VINDOM. It is for a cotton-ginning machine. The question authorizeill. bas made his best efforts to introduce it, and that be bas not had rea- Mr. DAWES. I think the Senate should bear in mind the distinc- sonable compensation. Whlle that law stands, surely if a. man is tion between this ca e and a large class of ca~es that come before stricken down by sickness and does not get there within a few days Con'gress. A large class of cases arc of t,his kitHl: Men enjoy a patent of the time I would let him go and have his day in court there. If for fourteen years, then apply to the Commissioner of Patents under I would not do that, then I would repeal the law that authorizes an the old law as it existed, and, if they can satisfy him that it is a extension at all. proper case, get an extousion to twenty-one yenrs. Then they come We do not by this bill extend the patent; we simply say that wo to Congress for a further extension. Now thi is only asking permis- relieve him from the accjdent, and he may yet go and see if our ~ffi­ sion to go before the Commissioner of Patents and get that exten- cer, according to the usual practice, with notice to the world, thinks sion-to which the patentee would otherwise ba.ve been entitlecl~to he Otlp;ht for his ingenuity to have any fnrthe1· extension. That is all twent.y-one yea.rs, giving him that wbi.ch be would ba,ve got of him- I desire to say. I concur with the Senator who reported tho bill, self under the genem1l::tw had it not been for the difficulty by which [1\Jr. WINDOM,] that, if this bill does not pass, it is saying to the Com- he lost fifteen days, aucl be does not get it in tiJis case unless he shows mittee on Patents that it is not worth while to ever examine another t.hat be would. have been entitled to it bad he applied in time under ca e; for I have heard none there, among the many heard-most of existing laws. them rejected, and only a few reported-tba,t was so exceptional ::m d I have strenuously opposed patent extensions. I do not remember so free from objection as this one in every respect. now that I ever voted for the extension of a twenty-one years' pat- Mr. W ADLElGH. As I understood the Senator from Mis onri, [Mr. ent, though possibly I may have done so in a very exceptioua.l case; BoGY,] be sa,id just now that he would not vote to extend :my patent bnt this is not extending a patent. It is simply a1lowlng a party to whatever. It seems to me that if t.hat position is to be ta,kcn hero go before the Commissioner under the general law and get the right by a majority of the Senate, it wonld be best to abolish the Commit- which be would ha.ve got nnclcr the general law, asking nobody, if be tee on Patents, and have no such committee. could 1Jave satisfied the Commissioner what this bill requires birr. to Now let me call the at.tentionof tbeSenatf\ to the bill, No. 38 in the satisfy him of, namely, those requisitions of the old law that he bad order of business, for the relief of Luther Hall. Here was a ca. e used ail proper means to bring it into use, that be had not received where a poor New Engl:mll mechanic made a valuable improvement any considerable beneficial result from it, and that it was a u eful in machinery for the mnnufacture of shoes, by w hicb tho co t to every invention. Those who feel as I feel that there is great impropriet.y man who wears a pair of boots and shoes in thi.s cotmtry is now at in extending patents longer than twenty-one years will not :fi.ml this least fifteen to twenty cents less than before. He benefited t-he one of those cases. country to ihat extent by his ingenuity aud by his labor. He con- Mr. GOR.DON. Mr. President, Ih.appen to comef.rom a. State which trh•ed a machine which makes a heel instantaueously aud puts it probably is as much interested in cheap cotton-gins as any other repre- upon tho boot or shoe. His poverty compelled him to grant to a sented on the floor of the Senate. As a rule, I agree with those who great corporation engaged in the sale of patents and procuring them have preceded me in saying tha,t I am opposed to tho extension of the right to use that patent and employ it during the time for which patents; but learning the circumstances connected with this case, I the patent was first granted. They gave to him a roya1ty which did b liove them to be very similar to those of the one instanced by the not begin to pay for IJis labor all(l for his ingenuit y, and did not en- Sepa,tor from New Hampshire. I understand this to have been ~L able him to maintain his family except by his daily labor. When the case of a mechanic who was poor and who has up to this time cle- time was about to expire, Mr. Hull went to that company aml said to ri ed very little benefit h·om his invention, and owing to the neglect them that he proposed to get that patent extended. of others he has failed to secure the right.s which the law intended Mr. KERNAN. If my friend will permit me, they came to him and b should secure. I therefore, as the representa.ti ve of a cottou State, got him to make a writ ten agreement. apf>cal to my friend from Missouri to withdraw his objection and let Mr. WADLEIGH. That makes the case stronger. tho bill pass as due to this party. 1\lr. KERNAN. Certainlv. Mr. MAXEY. I would ask the Senator from Minnesota who re- Mr. WAD LEIGH. They' came to him and proposed to get jt ex- portecl this bill how long thepa,tentee bru; had the exclusive benefit of tended for him, and proposed the amount that tltey would pay him the patent f for it, an(l gave him a written contract that they would do it ; told. 1\lr. WI ~noM. From 1860 to 1874. him tbat they bad employed an attorney, and to]d him who the at- Mr. MAXEY. Fourteen years. torney wa,, and the attorney assured him that he would do it ; but Mr. WINDO.M. But, ·as be states in his petition, and as the evi- that company and that attorney let that time expire and run out dence shows, be was prevented some eigh L or ten years from enjoying wit.hout making any application whatever, and thus defrauded and it on account of the condition of the country. cheated him. Are we to be told that in this Senn,te there is to be no Mr. MAXEY. The Constitution evidently contemplated that there relief in a case of t.hn,t kind f I am certain that the Senators who shall be a limit to these patent privileges. It provides ( ection 8, sa.y that they will in no case grant relief against tho hardships which ar ~ icle 1) that "Congress sba.U have power to promote the progress of the law sometimes imposes in respect to these matters will, if they science aud useful arts by securing for limited times to author ~nd in- examine the subject, seo that they are wholly in the wrong, and that ve~tors the exclusive right to their respective writings and discover- there may be cases in which great advantage has resulted t.o the pub- ie ." Now if a patent is worth having at all, fourteen years is long lic from these pateuts where the inventors .IJa.ve receiverluo compen- en ugh for that patent. It is a part, a lamentable part, of the history sation whatever or sullstantially none, and where, perha.ps through of 'this country, tha.t when patents are of immense value they are not mistake or through fraud, they have been prevented from asking for on y carried up to the twenty-one years' limit, but by special laws are the extension which the law gave them. ca ried even beyond that extended period. We have an instance in .. 1876. CONGRESSIONAL RECORD-SEN.~..L\..TE. 3453 Colt's revolver, and there are numerous other cases where that has Missouri, [Mr. CoGirnELL.] The amendment proposed is the one ueen done to the very great injury of the country. We have an in- wbicb reduces this sum from the lowest amount which the claimant stance in tbe sewing-machine, which is of incalculable value to the insists on to the sum stated. p oorest families in all the country, and yet they have been required Mr. COCKRELL. 'fhe amendment is to change $3,500 't o $2,000. to pay a royalty to the patentees, who have grown into being the Mr. CONKLING. 1 wish to say (and I think the Senator from Mis- owners of fabulous fortunes by some little invention or other for souri will bear me out) that, without going to all the questions made -which seven years would have been sufficient to pay them back. by the claimant, or sa.ying that I coincide in his views, there is a sum Tile llonorable Senator from Georgia represents a cotton State, a.nd of money, consisting of expenses which as I understand it this claim- he b:ls a right to speak on this ma.tter. I represent a cotton State, and ant should have, clearly beyond this naked sum which is given to him. I llave a right to speak, too; and I sa.y if a. patent be worth anything I ask the Senator from l\1issomi whu reports the bill whether I am f or a cotton-gin (and we have them of n.lmost every character in the not, in his judgment, right in saying so much, tha.t there is a cer- South) it is fully paid for in fourteen years, and if it will not pay tain sum here of expenses, clearly shown to have been incmred and for itEelf in fourteen years it is not worth having and it is not worth paid, which snm is omitted from this lower sum which will sta.nd in repatent.ing. For that reason, an Senator for what it is worth; anti this is the to tho custody and contl'Ol of the Secretary of the Interior for dispo ition accordin.,. snggestion to which I ask his attention: The honorable Senator from to _the existing law~ of the Uni~ States re~atin~r. to the other public lands withi~ s:ud State and Tern tory; the srud reservation bemg no longer needed for military lllis. ouri, who I think I might say in his presence is pretty careful, purposes. a.nd deemed very careful by the committee of which be is a member, as I know, because I have troubled him myself about it, has bestowetl The amendment was agreed to. upon this case wba.t I take it must be exceptional attention. I have The bill was reported to the Senate as amended, and the amend- had forwarded to me supplementa.l papers which I have ta.ken to the ment was concurred in. Senator from Miss:)Ul'i, and he hns very good-na.tmcdly and patiently The bill was ordered to be engrossed for a third reading, ren.d the received them and given them attention. I think it must be true, third time, n.nd passed. therefore, that the Senator from Missouri has a pretty full and clear DA.ND.:L WO R.\rnR. understanding of this case; and after what he bas said, and what I ~he next bi}J on the Calendar was the bill (H. R. No. 1808) for the think he will sa.y to the Senate, I suggest to the honorable Senator rebef o~ Damel :Wormer, of Albany, New York; which was consid- from Iowa that this being a House bill, having been reported with ered. as m Comm1ttee of the Whole. It provides for the payment to unanimity there as I am told, and acted upon without doubt, with- J?amel Wormer, ~f .A.lba.n~, New ~ork, of $3,500, in fnll compensa- out hesitation, and having undergone so much consideration here, twn for expenses mcurred m carrvmg out a contract with the United perhaps he wonld feel that he bad sufficiently discharged his duty by Sta.tes to furnish one thousand two hundred ca.valry horses. allowing the bill to pass as it came from the House. I only ask him The Committee on Claims reportecl the bill with an amendment to to consent to that in case the Senator from }iissonri in a fmther state- sLrike ont in line 6 the words "3,500" a.nd insert '' 2,000." ' ment he will make shall satisfy him that he bas looked so far into Mr. CONKLING. I wish to make an inquiry of the Senator from this matter as to know that I am right in saying that there is no prin- 3454 CONGRESSIONAL RECORD-SENATE. JuNE 1, ciple, except an ru-bitrary principle, on which the residue of the ex- The next bill on the Calendar was the bill (S. No. 144) to provide pense confessedly incurred by this man can be denied. If the Senator for the construction of a telegraph line from Fort Canby, via Fort from Missouri upon saying what he may say on the subject makes a Stevens and Astoria, to Portbnd, Oregon. statement satisfactory to the Senator from Iowa, I confess I should Mr. MITCHELL. That bill has been recommitted to the Commit- be very glad personally to have an end to this case; for although it tee on Commerce. It is not upon the Calendar. is the business of every Senator to attend and to continue to attend The PRESIDENT pm tempm·e. The bill will be passed over. to the work urged upon him, I have been written to and furnished Mr. MITCHELL. No; let it go to the Committee on Commerce. with papers and with budgets of papers so frequently on this subject It should not be on the Calendar. that I confess it would be a personal relief to me, if this man is right T~e PRESIDENT p1·o tempore. That course will be taken. in his statement and any member of the committee is able to state ORDNANCE DEPARTMENT. upon examination that he is so, if I may see the end of this bill. .Although I do not ask to interpose my personal convenience about it, The next bill on the Calendar was the biU(S. No. 684) for the better I should be glad if we could now bear the statement and dispose of regulation of the Ordnance Department of the Army of the United the case. States. Mr. WRIGHT. I desire to say that., while I have a disposit.ion to The Chief Clerk 'r ead the bill. a-ccommodate the Senator from New York, yet, after consultation Mr. BOUTWELL. I think we had better pass over the bill. with some members of the committee who are here, it is thought that Mr. COCKRELL. Let the Clerk read the report. the better course would be to have the bill recommitted to the com- 1\fr. BOUTWELL. I object to the bill. mitt ee, so as to take the opinion of the members of the committee in Mr. COCKRELL. I hope the Senator from Massachusetts will not the committee-room. The question is one of some importance. It object. I a~k him to just hear the report read, and see if it is not does not involve a very large amount, it is true; but there is a mat- satisfactory. It is a report of only fourteen lines. ter of principle contained in it. I am sure the Senator will bear wit- Mr. BOUTWELL. I will waive the objection and hear the report ness that the committee have been somewhat expeditious in getting read, subject to objection afterward. their business before the Senate, and we will make it a point to report The Chief Clerk read the following report, submitted by Mr. CocK- this bill back at an early day, so that it may be taken up and die- RELL, from the Committee on Military Affairs April3: posed of. I doubt not at the time of our meeting next week the com- The Committee on Military Affairs, to whom was referred "the letter from the mittee will be able to come to a conclusion upon the bill, so as tore- Secretary of War," accoml?anying "a. statement of the Chief of Ordnance in relation to nn omission in the ReVIsed Statutes not enumerated in his letter of Auaust 17 port it to the Senate in the morning hour. We shall agree, I doubt 1875," have duly considered the same, and submit the following report: "' ' not, under the recent evidence that we have, and then the Senate can Your committee, upon an examination of the Revised Statute.'la.nda.compa.rison of at once proceed to the consideration of the bill. That is the orderly the same with section 3, act of March 3, lo13, chapter 48, page 816 United Sta.tes way of doing the work, and I should prefer that course. Statutes at La~ge volume 2, and with act of Februn.ry 8, 1815, cb'a pter 38, pages 20~ and 204, tTmted States Statutes at Large, volume 3, find that the provisions of Mr. CONKLING. .After that preference expressed by the chairman Bald acts of March 3, 1813, and February 8, 1815, requiring returns and property of the committee, I do not feel at liberty to attempt to resist it, which accountability on the part of ordnance officers, have been omitted in the Revised doubtless I could not do. Statutes, and, to supply such omission, recommenu tho passa.~re of the accompany. ing bill. ~ The PRESIDENT p1·o tempore. The Senator from Iowa moves to recommit the bill to the Committee on Claims. . Mr. BOUTWELL. I venture to su~gest t~at the report may pos- The motion was agreed to. SIbly be based upon an error. There IS a sectiOn oi the Revised Stat- ORDER OF BUSINESS. ~t~s requiring al:l officers to make reports, civil, military, and naval; Mr. SARGEJ\TT. (at four o'clock and twenty-five minutes p.m.) I It 18 comprehensive. move that the Senate a{]journ. Mr. COCKRELL. I will state that the Chief of Ordnance, through The question being put, a division was called for; and the ayes the Secretary of War, communicated to Congress tho fact that there were 17 and the noes 1~; no quorum voting. was no law requiring ordnance officers to make any report at aU. Mr. CONKLING. If there is no quorum, I think no business is in This communication from the Chief of Ordnance was' referred to the order except a call of the !:)en ate or a motion to adjourn. We cannot Committee on Military Affairs. I took the act governing the Ord- go on. nance Department and compared it with the acts of 1813 and 1815 Mr. EATON. The yea,s and nays are in order. I call for the yeas and found those sections were left out entirely in the Revised Stat~ and nays on the motion to adjourn. utes; but they are not left out when it comes to the Quartermast.er's Mr. CONKLING. I suggest that the shortest way is to adjourn. or the Commissary's or any other D~partment. The Ordnance Depart- We certainly do not want to wast.e time in getting a quorum. I move ment say they have no such anthonty; that there is no law requiring that the Senate adjourn. any return at all from the Ordnance Department; and it was upon Mr. COCKRELL. I hope the Senate will not adjourn. I believe their instance and upon their written petition to Congress that I ex- there are -ten cases on the Calendar which I have reported. The par- amined all these stat.utes and prepared the bill which I submitted to ties are here and want the bills pa,ssed. It is a matter of a great deal the Committee on Military Affairs. of importance to them, and we certainly-- Mr. BOUTWELL. Very likely the Senator from Missouri is nor- The PRESIDENT pro tempm·e. The Chair will remind the Senator rect; but the Committees on the Revision of the Law , both the Ron e from Missouri that a motion to adjourn is not debatable. The Sen- committee and a portion of the Senate committee, in conference went ator from New York moves that the Senate do now adjourn. over that matter. This particular communication was not referred Th~ question being put, it was declared that the ayes appeared to by the Senate to the Committee on the Revision of the Laws, but it prevru.l. was referred by the House to the House Committee on the Revision Mr. COCKRELL. I call for the yeas and nays. of the Laws. We came to the conclusion that if they would obey The yeas and nays were not ordered. what law there was, it would be sufficient for the purposes of the Several SENATORS. Let us divide. country. The question. being taken by a division, resulted-ayes 16, noes 18; Mr. COCKRELL. Do I understand the Senator from Ma,ssachu- no quorum votm(J'. setts to say that this communication from the Ordnance Department Mr. EATON. f call for the yeas and nays. which was referred to our committee, and upon which this bill was The yeas and nays were not ordered. based, was referred to the Committee on the Revision of the Laws f The PRESIDENT p1·o t(JTTipore. The Secretary will call the roll to Mr. BOUTWELL. Of the Honse. ascertain how many Senators are present. Mr. COCKRELL. When was it referred f Mr. SARGENT. The Secretary may as well call the roll on the Mr. BOUTWELL. I cannot say. question of adjournment. I ask that we again ascertain if there is Mr. COCKRELL. I will state the fact that the communication a second to the demand for yeas and nays. was sent in to this present Forty-fourth Congress at this session aud The PRESIDENT pro tempm·e. The "Senator from California de- the revision,. as ~ understand, dates back to December 3, 1873. How mands the yeas and nays on the adjournment. the commumcat 10n could have been referred to the Committee on The yeas and nays were ordered; and being taken, resulted-yeas Revisio?, wbic!I bas _been dead for two ye~rs, I cannot see. They pre- 17, nays 25; a.s follows: s~n.ted 1t at th~s sess~on, and o~ll.ed attention t? ~he fact that this pro- VlSJon was omitted m the revtswn. The rev1smg committee could YE.dS-~essrs . .Allison, Booth, Boutwell, Christiancy, Conkling, Cooper, Dawes, Ferry, Frelinghuysen, Johnston,Jonesof Nevada, McCreery, Mitchell, Patterson, certainly not have considered that matter. Ransom, Sargent, and Saulsbury-17. Mr. BOUTWELL. I do not refer to the committee that had charge NAYS-Me srs. Bayard, Bogy, Bruce, Cameron of Wisconsin, Cockrell Davis of the revision of the statutes when it was originally passed by Con- Denni , Eaton, 0>rdon, Harvey, Hitchcock, Ingalls, Kelly, Kernan, Key, McMil: gress, but to the standing commit.tee of the House of Representatives ln.n, Maxey, Morrill of Vermont, Norwood, Paddock, Stevenson, Wadleigh, Win· dom , Withers, and Wri.e :ht-25. which is now in existence. This communication from the War De- ABSENT-Me. srs. Alcorn, Anthony, Barnum, Burnside, Cameron of Pennsyl- partment, as I recollect-I may be in error--wa,s referred by the Honse vania, Ca~ erton, Ulay ton, Conov~r, Cragin, Dorsey, Edmunds, Goldthwaite, Hamil· to the House commij;tee. I say t.hat the document which came from ton, H amlin, Howe, Jones of F londa, Logan, McDonald. Merrimon, Morrill of Maine the War Department and was referred to the Committee on Military Morton, Oglesby, Randolph , Robertson, Sharon, Sherman, Spencer, Thurman, Wal: lace, W est, and \ Vhyte-31. Affairs of the Senate was considered by a portion of the Senate Com- So the Senate refused to adjourn. mittee on the Revision of the Laws in conference between the sub- committee of the Senate committee and the subcommittee of t he TELEGRAPH LINE IN OREGON. House committee for the purpose of seeing wherein we agreed and The PRESIDENT pro tempm·e. The Secretary will report the next wherein we differed. It was the result of the conference of bot.h com. bill on the Calendar. mittees that the substance of the old statutes relating to this subjed. 1876. CONGRESSIONAL RECORD-HOUSE. 3455 was brought forward into the Revised Statutes and is found in a sec- a fil'St and second time, recommitted to the Committee on the Post- tion which, instead of being specific with regard to officers of certain Office and Post-Roads, and ordered to be printed. classes, is general in regard to all officers of the Government. There- REVISION OF THE STATUTES. fore this legislation is unnecessary, and I think we had better let the Mr. DURHAM. I now ask for a vote on the bill (H. R. No. 3156) bill go over. to perfect the revision of the statutes of the United States, which it Mr. COCKRELL. I should like to ask the Senator from Massa- was ordered by the House yesterday should be voted on immediate!) chusetts when it was that this revising committee of the Senate had after the reading of the Journal to-day. this communication before them f Mr. EAMES. I ask unanimous consent of the House before the Mr. BOUTWELL. The revising committee of the Senate never vote is taken on the engrossment and third reading o.f the bill to offer had it by order of the Senate before them; but the House Committee an additional section, to which I think no one will object • .on the Revision of the Laws had this communication before them. Mr. DURHAM. I will hear it read. Mr. COCKRELL. When was that f The Clerk read as follows: Mr. BOUTWELL. At this very seSAion of Congress. The two sub- committees of the two Houses met eve-ry morning during an entire Add the following as an additional section: SECTION 2. That nothing in thls act contained shall be so construed as to alter, week, week before last, and went over all the matters in which we change, or amend the statute laws of the United States in force on the 1st day of agreed and in which we differed, for the purpose of bringing the two December, 1873 ; it being the true intent and meaning of this act onll to correct and committees together, so that we might save time in the two Houses. supply any ~rrors or omissions, if any, in the act entitled "An ac to revise and consolidate the statutes of the United States in force on the 1st day of December," I think, if the honorable Senator will allow this bill to go over, I shall approved June 2, 1874. be able to show him the section to which I refer and convince him that it is not necessary to pass a bill on the subject. Mr. DURHAM. I accept that. That is the intention of the bill. Mr. COCKRELL. Ai3 a matter of course, if the Senator objects the The SPEAKER. The gentleman from Kentucky cannot accept it. bill will go over; but I cannot see why in the world you do not want the It is for the House to agree to it. officers of the Ordnance Department to make returns a.s other officers Mr. DURHAM. I have no objection to the amendment. do. There is no Jaw requiring them to make returns. There may be Mr. GARFIELD. It may be considered as pending, and I would a law making them responsible for property, but there is no law re- like to make a suggestion in regard to it. It is of the utmost impor- quiring them to make returns. tance that we understand what the statutes of the United States are; Mr. BOUTWELL. I will look up the matter, and specify the stat- whether the volume of the Revised Statutes isthelaw,or whether the ute on which the Committee on Revision relied. laws enacted previously must be resorted to in case of any doubt to Mr. COCKRELL. I am not responsible for the acts of the admin- know exactly what the law is. istration nor of the officel'S under it. Now, I am afraid the language used by the gentleman from Rhode The PRESIDENT pro temp01·e. Objection being made, the bill will Island [Mr. EAMES] will throw discredit upon the text of the Re- go over. vised Statutes to this extent, tha.t it declares legislatively that all DICKSON SHINAULT• the laws in existence at the date of the revision are the laws of the • The next bill on the Calendar was the bill (S. No. 105) for the relief United States. If so, then what are the Revised Statutes f Query: whether you will not be compelled always to go behind the Revised of Dickson Shinault, late assistant keeper of the light-vessel at Wolf Trap light-station, in the State of Virginia; which was considered Statutes in order to be sure what the law is t as in Committee of the Whole. It directs the proper accounting Now I think the thing we ought to attain is this, that we treat the officers of the Treasury to adjust and settle the account of Dickson Revised St.atutes a-s the law, and if auy ca-se occurs in which we find Shinault, late assistant keeper of the light-vessel ~t Wolf Trap light- the revision was faulty, then let us correct it, but hold the revision station, in the State of Virginia, and allow him the sum of $120, being to be the law. I am afraid the language employed by the gentleman the amount due him as salary for the first quarter of the year 1861. from Rhode Island will tend to throw discredit upon the text of the The bill wa.s reported from the Committee on Claims with an amend- revision rather than to strengthen it. I will be glad to look a little ment in lines 8 and 9 to strike out the words "for the first quarter further into the matter in order to see whether that is not the effect of the year 1861" and insert "in full for all wages in 1861." of it. . The amendment was agreed to. Mr. DURHAM. I will simply state for the information of the gen- The bill was reported to the Senate as amended, and the amend- tleman from Ohio [Mr. GARFIELD] that, as I understand this pro- ment was concurred in. posed second section, there can be no possible objection to it. The The bill was ordered to be engrossed for a third reading, read the bill which we propose is a bill really pointing out and correcting the third time, and passed. • errors which we believe are contained in the Revised Statutes-is really a correction of the Revised Statutes. I do not want any mis- THOMAS J. KNOWLTON. understanding about it. The committee are unanimously of the opin- Mr. ALLISON. I ask unanimous consent to just go forward a little ion that the Revised Statutes as reported by the revisers is incorrect on the Calendar and take up the bill (S. No. dl6) granting a pension to the extent set forth by this bill, and the bill now reported by the to Thomas J. Knowlton, which will take no time, as I shall have to committee is to perfect the Revised Statutes. If there can be any be absent from the Chamber for a while. misconstruction about this proposed second section, I hope the Honse Mr. WITHERS. Let us go on with the cases in their regular order. will vote it down and pass the bill as reported by the committee; but 'Ve shall soon reach that one. I nndel'Stand the object of this second section is to apply to this bill The PRESIDENT pro tempore. Objection is made, and the next bill of onrs and not to the original act of revision. on the Calendar will be reported. Mr. WOOD, of New York. I did not hear fully what the gentle- Mr. MITCHELL. I move that the Senate adjourn. man from Kentucky [Mr. DURHAM] has said. I hope, however, that The motion was agreed to-aye-s 9:1, noes 16; and (at four o'clock the House will not only hear what he says, but will heed what it is and forty-five minutes p.m.) the Senate adjourned. proposed to do iu this second revision of the statutes of the United States. Those of us who were in Congress at the time of the adop- tion of the Revised Statutes know that a surprise was perpetrated upon the country by the incorporation of entirely new provisions of law into what now seems to be the law of the land. I know in re- HOUSE OF REPRESENTATIVES. gard to the revenue laws of the country that some of the provisions of those laws were changed entirely by that revision. The revision THURSDAY, June 1, 1~7(). was adopted in this House when there were at no time more than ten The House met at twelve o'clock m. Prayer by Rev. J. G. BUTLER, or twelve members present. D. D. I desire to call the attention of the House especially to the impor- The Journal of yesterday was read and approved. tance of not attempting to revise existing laws without giving the subject due consideration and weight as to the effect of such revision EDWARD 1\IASON. and the changes which such new revision may make in the law. We Mr. BRADLEY, by unanimous consent, introduced a bill (H. R. No. may find ourselves surprised at the efl"ect of the work we are now asked 3626) for the relief of Edward Mason, of the District of Columbia; to perform when it is too late. which was read a first and second time, referred to the Committee of We have already had one or two revisions of the Revised Statutes. Claims, and ordered to be printed. During the last Congress we ha-d a committee that proposed subse- JOEL H. WATSON. quently to their original report to revise their own work. After it was Mr. BRADLEY also, by unanimous consent, introduced a bill (H. in print it was found that the work was so defective that its owu fathers R. No. 3627) granting a pension to Joel H. Watson, late a privat-e in scarcely recogmzed it. The effect of the revision was to make a Company D, One hundred ane back the Hessians Wherever the colored men were not organized into separate corps who charged repeatedly d?wn the Dill to dislodge them, and so determined w~re they could be fou~d in large numbe~ scattered throngh?ut whi~ the enemy in these succesSive charges~ that the day after the battle the Hessian colonel, upon whom this duty had devolved, ap:plied to exchange his command and reO'iments. A Hessian officer who was with Burgoyne at the time of his go to New York, because he dared not lead his regiment again to battle lest his men should shoot him for having caused them so much loss. s~render, in an entry in his journal of October 23, 1777, says," that no regiment is to be seen in which there are not negroes in abundance ; Dr. Harris, wllo served under Washington in the Revolution; and and among them there are able-bodied, strong, and brave fellows." who was a participant in the battle of Rhode Island, gives additional General Schuyler, writmg from Saratoga July 23,1777, to the pres- testimony as to the bravery and valor of this black regiment on that ident of Massachusetts Bay, says: occasion. In an address delivered in 1842 be says: That of the few continental troopsweha.vehad to the northward, one-third part is ·when stationed in the State of Rhode Island, the regiment to which I belonged composetl of men too far advanced in years for field service, of boys, or rather chil- was once ordered to what was called a tlanking position; that is, upon a place which dren, and, mortifying barely to mention, of negroe&. 3460 CONGR.ESSIONAL RECORD-HOUSE. JUNE 1, VIRGINIA. The Mguments which self-intereHt then fmni~hou agaiust the use It was not only to the Northern States that colored men were usecl of colored troops aro now supplied by unreasouaiJle prejudice. as soldiers. In some of the Southern States their services were gladly On the 16th of March, 1779, Henry Laurens, the distiug11ishod mem- accepted. At an early date in our revolutiona.ry struggle colored ber of Congress from South Carolina, and at oue time president of men appear to have been accepted aa soldiers in many of the reoi- that body, and also the father of John Laurens, wrote to Washing- ments raised in Virginia; for as early aa 1777 the general assembiy ton, saying: of that State passed an act that no negro should be enlisted without Had we arms for three thousand such black men a.s I could select in South Car. a certificate of freedom, the preamble to which declares that slaves olina, I should have no doubt of success in driving the British out of Georgia. aud had deserted their maaters and, under pretense of being freemen, had subduing E:lBt Florida before the end of July. enlisted as soldiers. Notwithstanding this act, slaves continued to On the 27th <>f March, 1779, the committee of Congress, who had be enlisted, and at the close of the war, an attempt being mn.de by been appointed "to take into consideration the circumstances of the some vile matches to re-enslave some of these colored sol(liers, the Southern States and the ways and means for their safety and de- Legislature of Virginia, to the honor of that State, passed, in 1783, a fense," su,hmitted a report in which it is stated~ law "directing the emancipation of certain sla.ves who have served That it is suggested by tbe delegates of the said State (South Carolina) and by as soldiers in this State." The preamble to this act recites that- Mr. Huger, th'1t a force might be raised in the said State from among the negroes which would not only be formidable to the enemy from their numbers, and the dis· Whereaa it hath boon represented to the present General Assembly that during cipline of which they would very readily admit, but would also lessen the danger the course of the war many persons in this State had caused their slaves to enlist from revolts and desertions by detaching the most vigorous and enterprising from in certain regimenta or corps raised within the same, having tendered such sL'\ves o.mong the negroes. to the officers appointed to recruit forces within the State as substitutes for free persons whose lot or dnty it was to serve in such l'Eogiments or corps, at t.he same The committee also submitted a seriesofreiolotionsrecommending time representing to such recruiting officers that the slaves so enlisted by their the States of South Carolina and Georgia "to take measures immedi- direction and concurrence were freemen; and it appearing further to this Aesem· ately for raising three thousand able-bodied negroes." The resolu- bly that, on the expiration of the term of enlistment of such slaves, the former owners have attempted again to foroo them to return to a state of servitude, con· tions may be found in the secret journals of Congress1 volume 1, page tracy to the principles of justice and to their own solemn promise; and whereas it 106. The first two paragraphs of the first resolutiOn read as fol- appears just and reasonable that all persons enlisted as aforesaid, who have faith· lows: fUlly served agreeably to the terms of their enlistment, and have thereby of courso contributed toward the establishment of American liberty and independence, should Ruoh,ed, That it be recommended to the States of South Carolina and Georl{ia, enjoy the blessings of freedom a.s a 1-eward for their toilS and labors. if they shall think the same expedient, to take measures immediately for ra.ismg three thousand able-bodied negroes. This a.et then declares- That the said negroes be.formed into separate corps, ns battalions, according to the arrangements adopted for the main aTmy, to be commanded by white commis- That each and every slave who, by the appointment and direction of his owner, sioned and non·commissioned officers. hath enlisted in any regiment or corps raised within this State, either in Conti· nenta.l or State establishment, and bath boon received as a subetitute for any free The remaining paragraphs of ·the first resolution simply relate to person whose duty or lot it was to serve in such reJriment or corps, and hath served the appointment of commissioned and non-commissioned officers. The faithfully during t.he term of such enlistment., or bath been disch'lraed from such second resolution, aft.er making provision for the payment for slaves service by some ()fficer duly authorized to grant such discharge, shall, fu;m and after the passing of this act, be fully aml completely emancipated, and ehall be held and enlisted, provides for the emancipation of "every negro who shall deemed free, in as full and ample a manner as if eacli 'and ev~ry of them were well and faithfully serve as a soldier to the end of the present war." specially nl\Dled in this awt; and the attorney general for the Commonwealth is On the same day Congress passed a resolution commissioning John hereby required to commence an action, info-ruaa pauperis, in behalf of any of the Laurens as a lieutenant-colonel, and he at once proceeded to So~th persons above described who shalL after the passina of this act, be detained in servitude by any penon whatsoever; and if, upon suCh prosecution, it shall ap- Carolina to urge upon the Legislature the adoption of the proposed pear that the pauper is entitled to his freedom in consequence of this act, a jury plan. In a letter written by him at that time he says:_ shall be impaneled to 388e88 the damages for his detention. It appears to me that I should be inexcusable in the light of a citizen if I did MARYLAND AND NORTH CA.RO~A.. not continue my utmost efforts for carrying theflau of the black levies into execu· tion, while there remains the smallest hoQe o success. * * * The House of In a "return of ne!!l'Oes in the army, 24th August, 1778," signed Represent.atives will be convened in a few days. I intend to qualify and make a Alexander Scammell, Adjutant-General, it appears there were fifty- final effort! 0, that I were a Demosthenes I The Athenians never deserved a eight neroes in the North Carolina brigade and sixty in the Second more bitter exprob:ration th:m our oountrymeiL Marylan . A few years later, in 1781, the Legislatme of Maryland Colonel Laurens, in spite of his ardor, met with poor encourage- resolved to raise immediately seven hundred and fifty negroes to be ment. Dr. David Ramsay, in a letter to William Henry Drayton, incorporated with the other troops. dated Charteston, September 1, 1779, says: SOUTH CAROLINA. AND GEORGU.. The me!\Bure for embodying the negroes had about twelve votes; it was received with horror by the planters, who figured to themselves terribl~ _consequences. Just here, I regret to state that South Carolina and Georgia alone remained firm throughout the revolutionary war in their opposition General Lincoln also earnestly and repeatedly urged the necessity to the employment of the negroes as soldiers. In SouthCarolinathis of enlisting the blacks. In a letter to Governor Rutledge, dated opposition was ma.int..·1ined to the last against the · opinion of many Charleston, Ma.rch 13, 1780, he says: of her best men, a~ainst the recommendation of Congress, and against Give me leave to add once more that I think the moos111'6 of raisin~ a blMk corps the expressed wisnes and desire of General Greene and many other a. neces~ry on~ ; that I hcwe great reason to believe, if permission 1s given for 1t, thA.t many men would soon oo obtained. I have repeatedly urged this matter, not brave officers who were engaged in defending her soil. only because Congress have recommended it, and because it thereby becomes my Both the Laurens favored the employment of negro soldiers, and duty to attempt to have it executed1 bnt because my own mind sug~ests the utility Colonel John Laurens, a gallant officer and a fine scholar, the inti- and importA.nce of the measure as tno safety of the town makes it necessary. mate friend of Washington, Greene, and Hamilton, and who has been To the efforts of Laurens, Huger, and Lincoln to induce the aothori- called the "Chevalier Bayard of ~ericn.," at a. very early period of ties of South Carolina to consent to the raising of some black troops the Revolution, "recognizing the negro as a man, boldly claimed him ' were added those of one of America's ablest and most successful geu- as an ally in the war for independence." He had been·in active serv- erals, General Nathaniel Greene, who at that time was in command of ice in Rhode Island and elsewhere, :md having witnessed the useful- the southern :\rmy. "That they would make good soldiers he had ness and bravery of the colored soldiers, he returned to Sooth Caro- not the least doubt," for he had seen them tried. His own body- lina for the purpose of using his personal influence to induce the servant-a negro-had fought in the Maryland ranks at Eutaw, and proper authorities to take the necessary steps for raising black troops. was found after the battle transfixed with a bayonet, and with his Alexander Hamilton gave the measure his unqualified and hearty sop- own bayonet set deep with mortal thrust in the body of his dead an- port, as is shown by the following extract from n. letter bearing date tagonist. In a letter to Washington, dated January 24, 1782, General March 14,1779, from him to John Jay, upon the subject: Greene says: Colonel Laurelll!, who will have the honor of delivering you thie letter, is on his I hav'} recommended to this State (South Carolina) to raise some black regiments. way to South Carollnaona.projectwhich I think, in the present situation of affairs To fill up the regiments with whites is impracticable, aml to get re·enforct:'menta there, is a very good one and deserves every kind of support and encouragement. from the northward precarious, and at least difficult, from the prejudices rospect. This is, to raise two, three, or four battalions of ne~rroes, with the assistance of the ing the climate. Some are for it, but the far greater part of the peoplo are op. government of that State, by contributions from the owners in proportion to the poSed to it. . n~ber ~ey possess. If y~u sbo~d think pro~r to enter UJM?D the subject with The recommendation to which he alludes was contai~ed in a letter h1m he will glVe you a defuil of his plan. He WlShes to have It recommended by f h. tor~~ R tled., , Congress to tho State; and, asn.ninduooment~ that they should enga.getotak:e these rom 1Jil uuvernor u be • battalions into continent& pay. . The natural strength of tho country- It ap~ to me that an exPedient of tliis kind in tho present state of southern He says affairS 1s the most rational that can be adopted and promises very important ad- - vantages. Indeed, I hardly ~how a suffimentforce can be collected in that quar. in point of numbers appears to me to consist much more in the bbokR than in the t.er without it; and the enemy's operations there are growini!; infinitely more serious whites. Could they be incorporated and employed for its defense, it would afford and formidable. I have not the Iea.atdoubt that the negroes will make very excel· you double security. That they would make good soldiers I have not the least lent soldiers with proper management; and I will venture wpronounce that they doubt. cannot be put into better handS than those of Mr. Laurens. He adds that in the impoverished condition of the trel18nry he could After com bating the iden. that they are too stupid for soldiers, in see no other way of raising a sufficient force for the protection of the the course of which he admits "their natural faculties are probably country. Had this been done, be thought, from the beginning of the a~:~ good as ours," he adds: war the enemy would never have gotten a foothold in it. He con- I foresee that this project will have to c.omlmt much opposition from p~1udice eludes by a.sldng that four regiments should be raised among the and solf.in~erest . 'rho ~ntempt we hll;ve been t:l.?gbt t;o entertain for the ~lacks blacks, ''two upon the Continental and two upon the State establish- makes us f:t?~Y many thwgs th!lt are founrled nmther m reas~n nox: e:x:penence; ment " together with "a corps of pioneers and 8 corpB of artificerH nncl an nnwllhul!ness to part With property of so valuable a kmd will furnish a h' · f b · h " ' t\lOusantl::tr.!!llllltmb~toshowthoimpractioobilityorpernicioustendencyofascheme eae to COUSlSt 0 .a out e1g ty men. . which require~:~ such a :;acrifice. · The planters still thought the expenment a dangerous one. The 1876. CONGRESSIONAL RECORD-HOUSE. 3461 Legislature agreed with them, and the project was relinquished. to constat of. The troops are to enlist for ten months, each regiment to have one General Greene shortly after submitted another proposition which is lieutenant-colonel, one major, five sergeants, ten lieutenant.s; each company two serrreants, twenty-five J>rivates. The pay to be as follows: contained in the following letter to Governor Rutledge dated Feb- iewb colonel to receive three grown negroes and one small negro; major to l'e- ruary 11, 1782: ceivo three grown negroes; captain, two grown negroes; lieutenants, one large In answer to your excellency'sletter U.J!On the proposition of furnishing the .Army and one small negro; the staff, one large and one small negro ; the sergeants, one with a number of negroes, provided their services may be accounted for by Con. and a quarter negro : each private, one grown negro. gress, I beg loavo to observe, if they can be bad upon such terms 38 will engage Notwithstanding the persistent refusal of South Carolina and Geor- their fidelity, tho public could employ four or five hundred to great advantage. ~ut unless the negroes oan have an interest in the servitude, I am persuaded tbey will gia to raise troops from among their colored population, it may be be of little benefit and by no means to be depended on. I would be"' leave to pro- regarded as a well-establishocl historical fu~t that large numbers of pose, therefore, that the public clothe them, and that the negroes €e allowed the colored men were enrolled in the a1·my and served faithfully as sol- same wages allowed by Congress to tile soldiers of the Continental .Army. If this is agrood to, the fidelity of tbe negroes m:\y be depended on, and they may perhaps diers during the whole period of the war of the Revolution. And it perform the service expected from them with cheerfulness. is rather a remarkable fact that while constant mention is made of I think we could employ 140 wagoners, 150 pioneers, 120 artificers, nod 20 or 30 the bravery of these troops, we cannot learn of a single instance of servants to advantage. If this nnrubor could bo immediately furnished the .Army, their failure to do their duty during the whole of that memorable snch a.s are good men and such as shall be approved of on inspection, I will recom- mend the matter fully to Congress for their approbation, that tho State may be al- struggle. The individual instances of bravery on their part are nu- lowed for tho same in their public accounts. merous, two only of which have I time to cite. This letter was sent by Governor Mathews, who had jnst succeeded The heroic defense of Fort Griswold by Colonel Ledyard and his Governor Rutledge, to the Legislature, accompanied by the follow- brave comrades was one of the most brilliant achievements of the war. ing communication: The assault on the part of the British was a deadly one, but final1y FEDRUABY 12, 1782. the little garrison wa.s overcome, and on the entrance of the enemy HONORABLE GENTLEMEN : I herewith send yon tho Mpy of a letter from Major the British officer inquired, " Who commands this fort 7" "I once General Greene to me. If the proposition therein made of furnishing the .Army did; you do now," replied the gallant Ledyard, handing the officer with a number of negroes for the different services bo has mentioned should meet his sword, which was instantly seized and run through his body by your approbation, it will enable General Greene to throw into the ranks a consid- the officer. Lambert, a colored soldier, being near Colonel Ledyard.z erable number of valuable soldiers. I therefore recommend this matter most ear· neatly to your cousidemtion. retaliated by thl'Usting his bayonet through the British officer, ana. JOHN MATHEWS. then fell himself pierced with thirty-three bayonet-wounds. No action seema to have been taken upon this proposition, not- It is related upon the authority of Judge Story that a colored ar• withstanding in the very beginning of the struggle the provincial tillerist, while having charge of a cannon with a white fellow-soldier, congress of South Carolina had authorized military officers to nse was wounded in one arm. He immediately turned to his comrade slaves as pioneers and laborers, as appears by the following resolu- and proposed changing his position, exclaimin~ that he bad yet one tion adopted November 20, 1775: arm left with which he could render some service to his country. The .Resolved, That tho colonels of the several regiments of militia. throughout tho change proved fatal to the heroic soldier, for another shot from th~ Colony have leave to enroll such a number of able male slaves, to be employed as pio- enemy killed him upon the spot. · neers and laborers, as public exigencies may require; and that a daily pay of seven shillings and sixpence be allowed for the service of such slaves while actually WAR OF 1812. employed. During the interval between the close of the revolutionary war Colonel John Laurens soon after his return from France, to which and the commencement of the war of 1812 we hear nothing of negro country in the autumn of 1780 he had been sent on an important mis- soldiers, because the country was at peace with the world. But sion, again resumed his efforts to indqce the people of South Carolina with the return of war the Army, which had been closed to the t.o allow their negroes to enlist as soldiers in the Continental Army. negro during the long years of peace, was again opened to him for Writing to Washington under date of May 19, 1782, he says: admission. In this respect the Army of the United States to the ne- The plan which brought me to this country waa urged with all the zeal which gro is like the temple of Janus was to the Romans-closed in time of the subject inspired, both in our privy council and assembly; but tho single voice peace and open in time of war. Though the war of 1812 was much of re38on was drowned by the bowlings of a triple-headed monst~r, in which .J!reju- shorter than that of the Revolution, yet short as it was, colored sol- dice, avarice, and pusillanimity were united. It w38 some degree of oonsolatimi to diers were in demand before its close. The Legislature of New York me, however, to perceive that truth and philosophy boo gained some ground, tho suffrages in favor of the measure being twice as numerous as on a former occasion. passed, October 24, 1814, an act "to authorize the raising of two reg~ Some hopesbavo been lately given me from Georgia; but I fear, when the question is iments of men of color." The act provided that each regiment put, wo shall be outvoted there with as much disparity as we have been in this should consist of one thousand and eighty able-bodied men; that country. the officers should be white men, :rnd that "any able-bodied slave" This persistent refnsal to enlist colored men as soldiers seema to might enlist therein "with the written assontof his master or mistress," have so thoroughly disgnsted Washington that in reply to Laurens who was to receive his pay and bounty, while the negro received his he wrote: freedom. I must confess that I am not at all 38tonished at the failure of your plan. Tho In 1814, when the British were threatening Mobile and New Or~ spirit of freedom, which at the commencement of this contest would have gladly leans, General Jackson issued the following appeal to the free col~ sacrificed everything to the attainment of its object, has long since subsided, and every selfish passion has taken its place. It is not the public but private interest ored people of Louisiana : which influences the generality of mankind; nor can the Americans any longer HEADQUARTERS, SEVENTH MILITARY DISTRICT. boast an exception. Under these circumstances it would rather ha.vo been surpris- .Mobile, September 21, i814. ing if you had succeeded ; nor will, I fear, have better success in Georgia.. To the Pree Oolored Inhabitants of Loui&iana: What would the Father of our Country say if he could only witness Through a mistaken policy, you have heret.ofore been deprived of a participa- tion in the glorious struggle for national rights in which our country is engaged. the attempt now being made to deprive the colored men of the op- This no longer sha.ll exist. portunity to enlist in the Army f As sons of freedom, you are now called upon to defend our most inestimable Notwithstanding all his previous discouragements, Colonel Laurens blessing. As Americans, your country looks with confidence to her adopted chil- still clung to the hope that he might be able to accomplish some- dren for a valorous support, 38 a. faithful return for the oovantaJ.res enjoyed under her mild and equitable Government. As fathers, husbands, and brothers, you are thing. Failing in South Carolina, he continued to try in Georgia summoned to rally around the standard of tho eagle, to defend all which is dea.r in "with all the tenacity," as he himself expresses it, "of a man making existence. a last effort on so interostin~ an occasion." Your country. although calling for your exertions, does not wish you to engage In another letter to Washington, dated June 12, 1782, he says: in her cause without amply remunerating you for the services rendered. Your in- telligent minds are not to bo led away by false representations. Your love of bon or Tho approaching session of the Georgia Legislature, and tho encouragement would cause you to despise the man who should attempt to deceive you. In the given mo uy Gi>vornor Hawley, who h38 a decisi vo influence in tho councils of that sincerity of a soldier and the language of truth I address you. country, induce mo to remain in this quarter for the purpose of taking new me38· To every noble-hearted, generous freeman of color volunteering to serve during ures on the subject of our black levies. Tho arrival of Colonel Baylor, whose sen- the present contest with Great Britain, and no longer, thoro will be paid thesamo iority entitles liim to the command of theli~~t troops, affords me ample leisure for bounty, in money and lands, now received by the white soldiers of the United pursuing the business in person; and I shau do it with all the tenacity of a. man States, viz, 124 in money and one hundred and sixty acres of land. The non- making a laat effort on so ruteresting an occasion. commissioned officers and privates will also be entitled to the same monthly pay and daily rations and r.lothes furnished to any American soldier. But all the efforts of this noble and gallant patriot availed nothing On onrolling yourselves in companies the ml\)or-genernl commanding will select a9ainst "the howlings of a triple-beaded monster in which preju- officers for your government from your white fellow-citizens. Your non-commis- dice, avarice, and pusillanimity were united." A few months after sioned officers will be appointed from among yourselves. this last effort be laid down his life for the country which he had Dne regard will be paid to the feelings of freemen and soldiers. You will not, by being associated with white men in the same corps, be Ol..':P<>Sed to improper com· served with so much self-devotion. parisons or unjust sarca.sm. As a distinct, independent battalion or regiment, pur- If, however, South Carolina would not employ her colored men as suing the path of glory, you will, undivided, receive the applanse and gratitude of soldiers, she found a very novel way of nsing them to aid in raising your countrymen. recruits. To assure you of the aincerity of my intentions and my anxiety to engage your invaluable services to our country, I na.ve communicated ml wishes to the gov- In a letter from Dr. Ramsay to William Henry Drayton, from which ernor of Louisiana, who is fully informed as to the manner o enrollment and will I have already quoted, the following language is used: give you every necessary information on the subject of this address. A bill for filling our regimenLs by giving a negro bounty to every volunteer re- ANDREW JACKSON. cruit has also been twice read. This measure is now our ultt'maspes. Money will Major-Ge?li!TaZ Oommanding. not procure soldiers. The militia will not submit to a dra.ft. As the result of this proclamation the colored freemen ofLouisiana. Colonel Richard Hampton, writing to Major John Hampton under raised two battalions, one of which numbered two hundre(l and ten men date of 2d April, 17tH, says : and was commanded by Major Dacquin; the other numbered one hun- Brother Wade, I believe, will also raise a regiment. It will not be amiss to men- dred an(l eighty and was commanded by :Major Lacoste Both th6ae tion the terms on which they a.ro to be raised, and the number each regiment is battalions took part in the battle oi New Orleans. Pt·evious to that 3462 CONGRESSIONAL RECORD-HOUSE. JuNE 1, battle, however, General J ac.kson, on the 18th of December, 1844, took asking the Clerk to read a letter ft·om that officer as the basis of the occasion to review his little army then at New Orleans. remarks I propose to make on some parts of this bill. At the close of the review- The Clerk read the letter, as follows: Says Parton in his Life of Jackson- NEw YoRK, Marcl• 1, 1872. MY DEAR GRl\'ERAL: You ask my opinion as to the proposed consolidation of the Edward Livingston advanced from the group that surrounded the GeneraJ. and read three corps (Quartermaster's, ComiDlssary, and Pay) into one. I do not like the in fine, sonorous tones, and -with an energy aud emphasis worthy of the impassioned idea at all, and, had I the power, would prevent it. - words he spoke, that famous address to 'the troops-which contributed so powerfully The duties are di tinct entirely, requiring different kinds of experience, and can- to enhance their enthusiaam, and of which the survivors, to this hour, have the not advantngeously be performed by the same officer, unless, perhaps, in ·the ca.'!e most vivid recollection. . of the payment of a small garrison, and * * * in the Pay Department the evils The following is that portion of the address which is directly ad- of consolidation would, in my judgment, overbalance by far any slight adYan- t.na):!;ed by 10,803 commissioned and non-commissioned officers, arti- thl'ir positions as staff officers in the hands of untried and unknown men, who might ficers, musicians, and wagoners. prove inefficient and injun> the reputation of the corps, as well as inilict the great- Mr. HURLBUT. Just so; that is what I supposed. est damage by their inefficiency and perhaps dishonesty. Mr:BANNING. That is the statement of the Adjutant-General. But leaving out of account all personal considerations, it is not true that the st.'\ff Mr. HURLBUT. The gentleman states that there is one coJD.IIla.nd- of the Army as represented by these three corps was int~nded to be merely enough to supply an army of the size of our present Army. Every one who has served er for every one and a half private soldiers. knows that two or three officers of rank in each st.'\lf department serving with the Mr. BANNING. For every one and a third. troops could with the necessary suborclinates easily supply 30,000 men; but it would Mr. HlJRLBUT. And in order to make good the statement, he have been a short-sighted policy which before the war would have cut down these corps to the number necessary to supply the Army as it then existed. puts in as officers commanding and managing the Army the sergeants, corporals, wagon-masters, &c. Now, everybody that stands in line The principle that tho Rtafl' of the Army of tho United States ought to be much larger than is at first sight necessary is olll, and wa-s advocated by several Secre- of battle is a soldier, is a part of the effective strength of the Army,_ ta.nes of War, when, in l~, under Mr. Poinsett it was put into practical force by and everybody above that is an officer. In my experience, wa.gon- a large increase of all the st3ff corps, including Engineers, Ordnance, Surgeon- maaters are generally kept. pretty well to the rear and do not manage General's, and Adjut.'\Ilt-General's Depq,rtment, as well as the three which are now in question. the Army. The musicians are generally detailed for the purpose of The main argument used by the advocates of a.lairge staff is the following: It is doing little charitablo services in the way of picking up the dead and the policy of tliis Government to keep a small army in time of peace and to ilepend wounded and sick. Therefore the statement of the gentleman is a upon voluntoors or militia in time of war. Although volunteers and militia may little extravagant, to say the leaat of it. have efficient regimental organizations, it is impossible that their organization The idea which the gentleman attempted to impress upon this sllould go beyond that, so that when called into the field they will be found with- on t means of supplying themselves; but the large staff here comes in, and at once House wa.s that the Army was overofficered to the extent that we furnishes a supplv of experienced~ well-informeattle. Is that not true f · The g.entle- States a separate corps by itself, to break np its regimental organiza- man has commanded a battalion. Are they not part of the line of tion and to put it all under the control of a brigadier-general as chief battle f of artillery. Mr. BANNING. They have their place. Now, in time of peace most of our artillery is in garrison in our Mr. HURLBUT. They carry muskets, do they notf fortresses along our sea.coast; it is not in what any one would term Mr. BANNING. Generally. active service. In time of peace it is very rarely that a flying bat- Mr. HURLBUT. And they use them, too f tery of artillery takes the field anywhere except in the form of in- Mr. BANNING. Yes. fantry. What possible reason, then, can there be for creating this :Mr. HURLBUT. They are a part of the effective force of the Army f new organization t "\\"'hat possible reason is there for breaking up Mr. BANNING. Yes. . the old historic regiments of artillery f Mr. HURLBUT. Yet in order to make up that wonderful state- Do not gentlemen know that the sentiment of honor, the love of men t the ~entleman included, in contrasting the small number of reputation, the record of gallant services, are the life-spring of the privates w1th the number of officers, in the latter class non-commis- Army, and that you strike straight at the life of an army when sioned officers, wagoners, artificers, and musicians, although I never you strike down the organization and existence of those regiments heard before that that class had anything to do with the command of which have won, by gallant services, a reputation long ago on the the.A.rmy. / fields of Mexico, in the war of 1812, and in the last war, whose names Mr. BANNING~ I stated that the number of men in the Army was and banners are historic 'f Strike them down, and yon strike down 16,665, anestilence and war are nearly n.lwa.y s States. prevailing. Tho particular services required of him, whether in peace or in war, [Here the hammer fell.] are totally independent of his pecuniary int,erests, his comforts, or bi wi hes. No Mr. BANNING. I hope the gentleman's time will be extended with- and matt-er how great the personal and pecuniary s.'\Crificea, be must go instantly when whithersoever he may be ordered. out taking it out of my time, pa.rtiicularly as I wish to hear the gen- From the foundation of the Government to tho present day, there baa never been tleman on this subject, and wish to call his attention to the fact that a time when tho personnel of the Army did not, by its record of dead, wounded, this House has already passed a bill exactly similar to the provision and diseased, furnish abundant proof of the rigidness with whic-h the Government upon which he is now commenting. exacts the heaviest sacrifices from its Army officers. In time of war we clo not hear any mention of the excessiveness of the officers' pay; 'et thoro is no r eason Mr. HURLBUT. I am aware of that; and I have not a shadow of for making any distinction in this respect between times of war and peace. Prac- doubt (if I am permitted to speak of what occurred in committee) tically speaking, it costs the officer as much to live at one time as the other. More- that this clause was inserted in this bill because a similar act had fact over. he is still under the same life-long contract; still liable to be, and in point of frequently is, ordered from station to station; still precluded from adding to been passed.by this House. his income by other occupation, antl, if his pay seems large for his services in peace, The SPEAKER pro tempore. If there be no objection the gentle- it should be remembered that it is not increased for his moro dangerous a.nd arcluous man's time will be regarded as extended. sen;ces in war, and is small enough wbeJ:~, applied, as it must be in a. fair consid- There was no objection. eration of the subject, to the average of his peace and war service.'i in a. wbolt Hie- time. It should be borne in mind, too, that m the Army thor is no increase of pay Mr. HURLBUT. But here the proposition comes in a stron,ger, more for the many extra duties and tho great increa<~o over t-hdr ortlimw:v wnrk aud re- emphatic, and more dil:ect form ; and ~s I remember the bill on this sponsibility which, from time to time, fall to all officers in peace as well as in war. 1876. CONGRESSIONAL RECORD-HOUSE. 3465 Now, Mr. Speaker, those are the utterances of a man himself the the same officer frequently does quartermaster and commissary duties now, but if embodiment of that high military honor, and they are words of won- we keep the Arm,v on a basis r eady for war, and the s taff on the bnsis to serve for the purpose for a large armv of from one to two hundred thousand troops, I think derful weight. They overbalance the slender considerations of tempo- the present system is as good a onoaawecan have. !know no better. It bas stood rary policy or tempomry economy; and you cannot strike at that great the teat of experience very w ell. principle either by serious reduction of officers here or leaving them Generol AuGmt. Practicable, undoubtedly, but, in my opinion, not advisable; experience has shown that our staff organization is efficient for field service on the at the mercy of Congress from year to year, disbanding and breaking largest scale. It should be preserved, but reduced, or extended to meet the re- up the organization to which they belong, and casting them adrift quirements of the service. on the country, without periling that gr~'ttest and best of virtues of Colonel GROVER. I do not think it would be advisable to consolidate the Quarter- the soldier: self-sacrifice and personal honor. master's, Subsistenco, and Pay Departments in one. Colonel GE'ITY. It would be practicable; butt() consolida.to the three corps into One word more, sir, and I h ve done; and I add this in order to cor- one would not, in my opinion, be for the best interests of the service. rect an impression which perhaps was not intended by the chairman Colonel H. J. HUNT. Pra.ctica.ble, but perhaps not ad visa.ble. of the committee, but which is evidently derived from his words. I Colonel FLINT. I think not, having a due regard for the true interests of the do it because I have heard others speak of the impression which they service. Colonel GIBBON. I do not think that consolidation of these DepartmenU! would derived from one of the last sentences in his remarks. In his speech add to their efficiency or to the best interests of the service. It is, of course, prac- on Saturday last, in speaking of the abuses in the Army, or rather not ticable, but by no means advisable. in the Army, but in the administrative service that controls the Army, Colonel KING. I think not. it pleased the gentleman from Ohio unnecessarily, I think, to allude Colonel CLITZ. I think not. These Departments as organized have worked ad- mirably and satisfactorily through two long wars, and I ao not think any change to certain transactions whlch took place when one now on trin.l at the would be for the better or would save expense. other end of the Capitol waa Secretary of War. Now, sir, I am not Colonel WILLCOX. I do not think it would be practicable to consolidate the Qnar• here to defend any ma.n who violates either tile law or any of the terroaster's, Commissary, and Pay Departments. Is would require a chief of staff principles of integrity and of honor, nor, sir, will I trample upon a at the head of the whole whose importance might interfere with that of the SecTe- tary of War, in whom the control is practically centered already; in which case man who is down, and I wait in tha.t case, as in all others, until there would result either a divided responsibility, for one thing, or the chief of the there shall have been a fair trial and a fair judgment shall have been supply department would become a cipher. Besides, although fue present staff rendered. What is the inference to be derived from this clause in the system has some defects, yet it has proved to be a great improvement on the con- solidated system in vogue during and previous to the war of 1812. gentleman's speech ' Colonel CRITrENDEN. After witnessing the extraordinary ability and efficiency of The officer who dared protest against the extravagant prices charged by the ant- the Quartermaster's and Subsistence Departments during the Mexican war and the ler and post-trader, who o profits were mad.e enormous from the necessity they late war, and considering their present efficiency, I think any change would be were under of dividing with high Government officials, ordered to the most distant detrimental to the service. fronti er post. Colonel SYKES. It would not. Division of labor, if performed by faithful and Every man who heard that expression and every man who read competent officers, their number not in excese of the present wants of the service; that speech knew that a very distinguished and honorable officer, is a.dvantageous in every respect. Colonel SULLY. I think in time of peace, with additional clerks, one officer could General William D. Hazen, was pointed at, aa he had been pointed at in many cases attend to :ill three of these duties, but in case of war I do not think by public rumor, as an officer who had sufiered at the hands of the it would worl\ well. late Sem·etary of War for doing his plain duty. I am glad to find in Colonel ANDREWS. The result of a. consolidation will be very apt to be the same the Army and Navy Journal of the 20th May, 1876, which I hold in In thing under a new name. The Subsistence Department gives general satisfaction. regard to the Quartermaster's Dev.a.rtment, it is a difficult subject to handle. my hand, a letter of Major-General William B. Hazen, addressed to Lieutenant-Colonel DODGE. I think 1t would be a very great mistake to consoli- the editor, effectually setting that thing to rest. I knew from in- date the Quartermaster's, Commissary, and Pay Departments. The duties of these formation derived from other quarters that in the regular course of ~=~~f~~ents are very dissimilar, and one officer cannot p()Ssibly attend to the the transfer of troops the regiment which has the honor of being General TOWNSEND. I decidedly think it would be impracticable to consolidate commanded by that officer was removed up to a northern post. I any of the staff departments. In 1837-'38 the present staff system was established, knew that the public press of this country, always ready to make and in two great wars which have occurred since the manner in which our armies use of something sensational, had charged that tha.t removal was have been Clothed, transported, and fed, paid, and provided with medical attend- ance has attracted the admiration of the military world. done by the express act of the late Secretary of War, and as a pun- MaJor VIKCENT. It would not be :practicable to consolidate the Quartermaster's, ishment; and I regret that my friend from Ohio should have given Commissary, and Pay Departments mto one corps. * * * Oonsolid,a,tion marked any further currency to this charge. The letter is as follows: the embryo of our supply system; but war and peace experience developed the de- CL'\CISNATI, Omo, May 14, 1876. fects of consolidation and pointed clearly to the necessity of divi.rion. Major BRECK. The consolidation of the three Departments, Pay, Subsistence, and MY DEAR CoLONEL CHURCH: In your issue of yesterday,lon say, "We saw con- Quartermaster's, is not believed to be wiso practically, whatever may be t.be theo- siderable of General Hazen while he was in New York, an certainly ne"Ver beard retical grounds in its favor. * * * The present organization certainlv producetl him hint at any such cause (meanina my action taken four years ago respecting wonderful results during the war, and it is hard to conceive a more severe test of post traders) for being ordered to Dakota." Neither you nor any other person ever its merits. h eard me say so, but many persons have heard me contradict the rumor, which has Major PRLOUZE. It would be an experiment, in roy opinion, not worth the trial. given me p-eat annoyance, and my excuse for continningthis matter in print must It seems to roe that the present division of duties would have to be kept up, and oe that it nas already been bron~ht there in a manner requiring my notice. the present chiefs of these departments have now aa much as they can attend to. Tile order came almost immediately after I had tcst.ifted before the Military Com- To consolidate these departments, an officer would have to supervise the duties now mittee, and under circumstances of peculiar hardship, before I wa.s fairly settled required of the three Department.s, and the result would be to remove these Depart- at tho post I waa then at, and when I was exceedingly ill from an olu wounu which ments one stop further from a.ccess to the Secretary of War. rendered me unfit to travel for two months and for duty for more than a year. Colonel MARCY. For the reason that each of the Departments named in question 8 This, with f.he sad domestic afiliction resulting from the journey incident to the has all the work it can efticiently perform now, and as the chiefs of those Depart- order, naturally enough connected the two, my testimony and the order, in the ments have abundant occupation in pro~rl:y administering the affairs of their sep- minds of many, as cause and effect. Their belief seemed confirmed by unguarded arate Departments, I think the consolidation indicated would diminish their ef- expressions of the Secretary, and those supposed to reflect his views, as t() tho ficiency and add to the expense tho pay and allowances of another officer of high length of service I might expect thoro, as well na by the fact that, although sta- rankl who could know but little about the numerous details of every Department. tioned for four years in the midst of the Indinn country, where active expeditions Cownel MEYER. The consolidation would be an ex~riment. The Commissary, were frequently sent ont., of which my own regiment formed a J;>art, I bavo been Quartermaster's, and Pay Departments successfully discharged their duties, which invariably kept at my post·, while sometimes a maJority of my regunent has gone to were very extensive, during the late war under their present organization. make np the command of au officer junior to me in rank. These appearances have Colonel ALL&~. I answer roost emphatically, no. The quartermasters have al- not only attracte4 s ufficient General OuD. It would be practicable. In time of peace we might get along, for t() say that the experience of the war found no fault in the organization of the 3466 CONGRESSIONAL RECORD-HOUSE. JUNE 1~ Army in its general foo.turea. All army organization is for war purposes, and while more than half a million; in 1874,$11,797,810.78, an increase again of a consolidation of these three Departments might possibly be an economical meas- ure in time of peace-of which I cannot jullge-it might be at the expense of efP- over half a million; in 1875,$12,171,130.92, another increase of nearly ciency, and, in the event of war, might lead to ultimate disaster. Our whole staff half a million. This year a greater increase is a.sked for, namely, organization is intended for expansion in time of war, and this consolidation would $12,840,288-showing that under this administration anA.rmywhich · not unlikely end in an unwieldy Department, with possibly not even economy to was rednced five thousand men by the Forty-third Congress has in- recommend it. Lieutenant-Colonel ROGER JONES. * * * The present system is not the growth creased in disbursements in pay to officers and men since H:l72 more of a day, or of a year, but the result of an experience of over half a century, and than 2,000,000, while the estimates for the military establishment hn.s been thoroughly tested in domestic and foreign wars. by the War Department for next year are $33,696,178.50, being more Mr. BANNING resumed the floor. than five millions of an increase over the appropriations of la.st year, Mr. MAcDOUGALL. Will the gentleman from Ohio yield to me with a deficiency of $500,000 for this Congress to make up for last for an amendment f year. · Mr. BANNING. What is the gentleman's amendment! This, Mr. Speaker, has been the management of our military es- ~I r. MAcDOUGALL. I will send it to the desk to be read. tablishment: a reduction of men, an increase of officers, and more 'fhe Clerk read as follows: than two millions of increase in amount paid the officers and men. Strike out all after the enacting clause and insert- Mr. Speaker, the gentleman from Illinois was surprised at my state- ment of the number of non-commissioned officers and officers in our . Mr. BANNING. I cannot yield for that. I am sorry that the gen- Army. While that is exactly correct, being taken from the Adjutant- tleman from New York, [Mr. MAcDoUGALL,] my colleague on the com- General's report, I wish now to call the attention of the House to mittee, did not think of that at a ~:~omewhat earlier stage in the his- the pay of the commissioned officers of the Army as compared with tory of this lJill. This bill has been considered in the committee and the non-commissioned officers and enlisted men. The pay proper, in the House from an early period of the session, and we have had no service pay, and retired pay of the commissioned officers for 1875 was proposition to make an adverse report on it until to-day we find the $5,139,857.22; the pay proper of the enlisted men was $5,049,609.89; gentleman from New York making the proposition that he has just showing ·that we pay our commissioned officers more money than all sent to the desk and my friend from Illinois making the speech he has the non-commissioned officers and men of the army. This only just made a~ainst the bill. In the interest of legislation, in order that proves that either the men are not paid enough, the officers too much, we may le~slate well and wisely, I wish they had presented, as I think or that we have too many officers. it ·was therr duty to have done, their amendments at an earlier day, Mr. Speaker, the bill reduces the cavalry regiments from ten to eight so that they might have had some consideration in the Committee on and the infantry from twenty-five to twenty, consolidating the com- Military Affairs of which they are members. panies and regiments, giving strength to our skeleton organizations, For one, Mr. Spe:tker, I am unable to see in this bill anything but making them useful and efficient. that which demands of men on both sides of the House fair and full Upon this subject General Sheridan says: consideration, in order that the Army may be re-organized as it should be, in order that it may be efficient, in order that the companies may If you increase the size of the companies you diminish the expense. One great item of expense at present arises from tho met that the compames are so small as be strengthened, in order that the regiments may be strengthened, to be non-effective. In order to get a.n effective body of men for any purpose, it is in order that the shame and the disgrace that have been brought upon necessa.ry to take three or four companies from different pL'lces- That kind of man- the Army by its late administration may be blotted out. When agement is, of course, expensive; and that is what we are obliged to resort to at t}l.e gentleman from illinois tells us that this measure is an attack present. made upon the Army by men for political purposes, I must disagree The gentleman from Illinois argues against the pa age of this bill with him. But when I find the gentleman standing in his place and because it makes a brigadier-general in the artHlery corps, and com- objecting to this bill, which prevents any promotion in the Army plains of the unnecessary increase of officers and expenses. He failed, hereafter except from the line of the Army, and will not permit any however, to state that the same section does away with twenty-five man -who has served in the confederate army to ~et any position ex- officers of artillery. His only :trgument in favor of the present or- cept that of second lieutenant, and not that until he has served his ~anization of artillery was that it is historic. Then, Mr. Speaker, let time as a private in the Army and then as a non-commissioned officer, 1t live in history, and not as a regimental organization, an expensive, and when I know that this House has already stricken from the stat- usele~:~s, and unnecessary ornament. And tho gentleman complains utes that law which forbids these men from again serving in the Army, bec:1use the bill makes the Paymaster-General a brigadier-general. the Military Committee having unanimously so reported, and that no Mr. Speaker, the Sen:tte has all:eady passed a bill making the Pay- member of that committee made any objection to it before, I cannot master a brigadier-general. The 1\filitary Committee of this House but see in him a gentleman who is trying to get up a political feeling have approved this bill, and the gentleman from New York [Mr.l\IAc- to defeat this bill. • DouGALL] who seeks to strike out the enacting clause of this bill has The gentleman says he is in favor of a strong Army. He thinks the been seeking the floor to put the bill upon its passage for the last week. Army should number 35,000. Now, sir, that is very different from the The first objection I have heard from my colleague on the committee teachings of the fathers. It was Washington who warned us against to this measure I heard upon this floor to-day. The same clause of the the dangers of a large military force, and it was Jefferson who, in bill which makes the Paymaster-General a brigadier-general reduces 180'2, when times were somewhat similar to the present, wrote this to the number from fifty-five to thirty-five, being a reduction of twenty Kosciusko, in answer to that old general, who wanted some young of- majors. The gentleman says thirty-five paymasters cannot pay the ficers appointed in the Army. He says: Army. },orty paymaaters paid an army of 30,000 men ; cannot thirty- I wish it bad been in my power to give you a more favorable answer; but, next five paymaaters pay an army of less than 25,000! The gentleman to the fulfilling your wishes, the most grateful thing I can do is to give a faithful fi·om Illinois ridicules the idea of a brigadier-general in command of answer. The session of the First Congress convened since republicanism has recov- thirty-five paymasters. I ask him, has our Adjutant-Ge!J.eral a larger ered its ascendancy is now drawing to a close. They will pretty completely fulfill nil the desires of the people. command, or the Judge-Advocate-General either! Sir, the bill does away with two brigadier-generals; one in the commissary. and quar- This letter was written in 1802. Let us hope that we may fulfill l;ermaster's department and the Judge-Advocate-General. the desire of the people in like manner. Let us see how the Congress 1\Ir. Speaker, the gentleman from lllinois [Mr. HURLBURT] asks of 1802 fulfilled the desires of the people. Jefferson continues : the House to adopt a substitute for this bill, authorizing the Presi- They have red~d the Army and Navy to what is barelY. necessary. TheY. are dent to appoint a commission of Army officers to re-organize the disarming executive patronage and preponderance by putting down one-half the Army. This is an admission from him that a re-organization is neces- offices of the Unit-ed States, which are no longer necessary. sary. Mr. Speaker, this re-organization should have been made long Now, Mr. Speaker, unlike the teaching of Jefferson, we have the gen- ago, both for the efficiency of the Army and in the interest of econ- tleman from Illinois and others upon this floor resisting every reduc- omy. tion of Army expenditures, and every feature of this bill which makes . Sir, have we a ri~ht to expect any change for the better from the Ex- the Army more efficient and useful. . ecutive f · Did he m his messa~e to Congress call attention to any of And now, sir, if the spirits of those great and good men (Washing- the Army abuses known to eXIBt f What would be the result of a ton and Jefferson) will forgive the association, I wish to read a reso- board of Army officers to re-organize the Army! Is there not every lution from the platform of the republican convention of the State of reason to believe it would be a failure! Ohio on this subject: What have we here T Your eommittee1 which the gentleman was Resolved, That we cordially approve the determination of Congress to retrench pleased to say generally did what its charrman wanted, and I rew:et the expenses of the Government, and that we urge upon the national Legislature liO say that the chairman is much disappointed that these clliferent the necessity of the strictest economy and the reduction ojtMA.rmyand Navy. opinions were not presented in the committee-your committee have lli. LAWRENCE . . What is the date of that T here in two hundred and thirty-four prep:ued pao-es the testimony Mr. BANNING. That was in 186!:1. Now, Mr. Speaker, I wm show of every general officer, of the colonels, of all the Yearling officers of the gentleman how the expenses of the Army have been reduced. The the Army. On this testimony they have framed this bill, every sec- Forty-third Congress reduced the Army by mustering out five thou- tion of which I believe to be right. sand men who carried guns and knapsacks; reduced it from thirty I trust that no man will permit the political appeals of the gentle- thousand to twenty-five thousand men and retained all the officers; man to affect him. Those appeals ought not to have been brought leaving so small a company and regimental organization of men as into this discussion, particularly the appeal that you are going to let to make some of the companies less than a corporal's cruard. the confederate soldier enter the Army. How does he get there T He Now, sir, let us examine how this reduction reduced expenditures. can come upon this floor if elected. The colored man can g-o into the A.n examination shows the amount paid the Army for the fiscal. year Army tbe same as the white mao under this bill, and Lhe gentleman _1872 to have been $10,683,181.60; in 1873, 11,1b8,1!::!1.60, an inci13ase of is s:ttisfied with that. But he stands back in holy horror when you say 1876. CONGRESSIONAL RECORD-HOUSE. 3467 that the young man, mistaken in his ideas of the right, who carried a Mr. BANNING. I wish to say one word further, if I may be per- musket in the confederate army and who afterward entered our Army mitted. and served faithfully, and wa-s promoted to be a corporal or a sergeant, Mr. HURLBUT. I hope the gentleman will be allowed at all events -who, recommended for promotion, may, if he can pass the examina- as much additional time as I had. · tion required by the bill, be made a commissioned officer. The SPEAKER pro tempore. If there be no objection the gentle- I am thankful that this House has been brave a.nd manly enough, man will proceed. t.rue enough to itself and the people we represent, to wipe from the Mr. BANN~G. I wish to say only one word more, and that is in statute-book more than three weeks ago that statute which would regard to the colored troops. I said in the beginning I preferred to not permit these non-commissioned officers to receive promotion. keep all partisanship out of this discussion, n.nd I will not now be Let me tell the gentleman from lllinois [Mr. HURLBUT] iu whose be- driven to it by the gentleman. The doing away with the law in ques- half that bill repea.ling this law was passed. It was in behalf of a tion wipes out from our statute a provision which is an insult to every young boy who went from this city in his sixteenth year and en- colored man in the land. Tha.t provision established for the colored tered the confederate army j nst as the war was closing, and served in soldiers a separate regiment in order tha'(; they may have their rights. it about four months. After the war was over, as he had no other Now, upon this floor for the last three years we have had men assert- means of obtaining a livelihood, he enlisted in our Army and served ing that political rights of colored men should be equal to those of there faithfully until he was made first a corporal and then a sergeant, the white man. The bill now before us proposes to wipe out a ills- and was then recommended by his officers for promotion to a second criminating provision which is now a. stain upon the statute and an lieutenancy because he was capable and qualified. When the young insult to the colored man. man came to the Department and asked for the promotion, although Mr. SMALLS. Will the gentleman allow me to ask him a ques- the Secret:uy of War and the President wanted to give it to him, tion f there was a statute in the way ; he could not get it; it was refused Mr. BANNING. Yes, sir. him. He went back to his gun and his knapsack again. His case was Mr. SMALLS. Were there any colored men in the regular Army of presented to our committee by an Army officer. A bill was prepared the United States before this law which the gentleman now seeks to repealing the law, and unanimously agreed to in the committee. Gen- repeal was enacted by the Congress of the United States f eral WILLIAMS reported the bill to this Honse, and it wa-s pa.ssed with- Mr. BANNING. No, sir. Before this law was enacted colored men out a dissenting voice. had no political rights underthe law. Butto-day yonhavetheright . Mr. Speaker, can it be that the spirit of hatred to the confederacy to come here, though there is no special law to permit you. Yonr and the South has so imbedded itself into the hearts of men they will rights here are the same as those of others. So it is with the rights never forgive and forget the past f That they cannot even forgive of your race in the Army. Equality in this respect is what this bill the young men of the South who have come back and enlisted in our gives you-nothing more and nothing less. For one I would not make Army, and by faithful service proven their devotion to our flag. the rights of the colored men any less. Shall they forever carry the knapsack and the gun and be refused a Mr. Speaker, this provision of the bill-and I regret that I did not promotion to a lieutenancy, for which they are qualified and recom- hear more fully upon this subject from my friend from lllinois, [Mr. mended f Sir, !regret tha.t the gentleman from lllinois [Mr. HuRL- HURLBUT]-·- BUT] brought this matter into this discussion. Mr. SMALLS. Will the gentleman allow me a word right there f I know the people of the North will approve the repeal. I know He has stated that the same right which permits me to come here as that if the great hea.rt of the northern people could answer, it would a member of Congress will carry me into the Army. I understood be with one accord, "Wipe out that ~tatute and give the boy a chance." the gentlem~ to say that. I know that when men speak as my friend speaks on this floor they Mr. BANNING. The gentleman has the same right to enlist in the speak not what the northern people believe and think; they speak Army that he had to run for Congress. not what their constituents would have them say. Mr. SMALLS. I know, sir, that no colored man could have enlisted This bill proposes to re-organize and consolidate the Qua.rtermas- in the Army if Congress had not passed a special act authorizing such ter's and Commissary Departments. My friend from illinois, who enlistment, and I feel if matters go on just as they are going on now, seeks in every way to defeat this bill, who appeals to that side to and if we should have one or two more democratic Houses of Repre- vote against the bill because the confederate soldier may be pro- sentatives, I shall not be allowed the right to come here; and no moted to a lieutenancy in our Army, says that General Hancock has change in the law will be made either. said that this consolidation ought not to be made. He blows hot on Mr. BANNING. Mr. Speaker, colored men are in the Navy to-day them and cold for you, or rather cold fo.r them and hot for you. He without any special enactment to put them there. The colored troops says that General Hancock is opposed to this consolidation. I say as a separate organization have proven a failure in the Army. The that he is not. Let me read what General Hancock says. The ques- evidence in the War Department shows they will no longer enlist. tion was asked him, "Would it not be practicable to consolidate the Mr. Speaker, the first vote on this bill will be upon the amendment Quartermaster, Commissary, and Pay Departments into oue corps T" of the gentleman from Illinois, [Mr. HURLBUT.] The proposition was to consolidate all three of those staff depart- Mr. MACKEY, of South Carolina. Will the gentleman yield to me ments. The answer was- for a single remark 'I It would be "practicable " to consolidate the Quartermaster's, Commissary, and · Mr. BANNING. Not a.t present; I will directly. The first question Pay Departments into one corps, but the operation would be difficult and attended will be upon the amendment of the gentleman from illinois, [Mr. with no great advantage or economy. HURLBUT.] That amendment, as has been already stated, proposes That is what he said in regard to consolidating the three corps. the appointment of seven Army officers to report a bill on this subject But what does he say further f to the next Congress. Sir, we hn.d a commission of Army officers to It would, therefore in my opinion, be unwise to make such a. change, unless we report regulations for the Army. I do not exactly know how many can bo assured that the consolidation had boon tried and had given greater satis- years ago that measure was passed ; but I know that the regula- faction in other services, u.s shown by experience in recent great wars; and of this tions have not yet been adopted. In further answer to that proposi- I am not advised. tion I might say that last evening there was sent to this House a Then we have General McDowell, who says that he has visited the petition from almost all the ATmy officers of the artillery line, recom- English army, where all three of these departments are consolidated mending that there should be a chief of artillery; and the indorse- together, and that the consolidation there has been attended with ment of the General of the Army was against that proposition. So great success. Therefore Ha.ncock is in favor of consolidation. He you will find the staff of the Army, that is, its strength, that lives says it is practicable, but that he would not like to recommend it here in Washington and is powerful in the way of legislation, oppos- unless it had been tried and found satisfactory. And McDowell, one ing anythin~ that will reduce the staff. Now, sir, it was said by an of the ablest, the most accomplished and efficient officers of the Army, old and distmguished Army officer that one campaign in Washington who has studied the interest and welfare of our Army, visited the attending the "Germans" was equal for promotions to a dozen cam- English army, where this proposed system is carried out, and he tes- paignt:~ in the field. If the gentleman's amendment should succeed, tifies that it has boon attended with the greatest success. Then as these will be the men who will be appointed. They will scarcely the consolidation has been tried and proved successful in other serv- agree; and if they do, it will be an agreement to take care of the ices, General Hancock must, according to his answm:, be in favor of officers and the stajf, not the Army proper. this consolidation. I hope, Mr. Speaker, the substitute will be voted down. Now, Mr. Speaker, the gentleman asks why we propose that cer- One word as to the amendment of the gentleman from Wyoming, tain officers who are mustered out by this consolidation shall receive [Mr. STEELE,] which makes a reduction of eight infantry regiments one year's pay for every eight years' service, while others who are and none in the cavalry. I wish, by way of explanation, to say this found disabled will receive one year's pay for every five years' serv- is a question which ma.y well be consid-ered. I will, however, an- ice. If the gentleman had heard the arguments presented, when the swer my friend in this way, that there ar-e now 7,418 cavalry-men, that bill was considered, upon this subject he would have heard this the non-commissioned staff of a regiment amounts to 18, the sergeants answer to his questions: That many good officers under the consoli- to 50, and the corporals to 80, making 148 in all, or 1,164 for the eight da.tion will go on to the supernumerary list, and that the service would re~Jiments, which, taken out of the 7,418, would leave 6,254 cavalry, or lose less of the officers if the year's pay was gi•en for eight years' 50l:j less than the maximum number required.for the consolid~ted reg- service in place of five. As to tJ1e men who have been disabled in iments. If the reduction and consolidation ar-e ma.de to what we now the service, a year's pay for each five years' service is not too much propose, the cavalry regiments will not then be full. They will bo for them. If the gentleman had studied the bill, as other members of much stronger and much more useful for operation against the In- the committee have, be would have found this one of the best, most dians on the frontier or in the field by reason of their increased generous, a.nd just provisions of the bill. strength. [IIere the hammer fell.) :Mr. STEELE. Let me ask the gentletnan one question. 3468 CONGRESSIONAL RECORD-HOUSE. JuNE 1, Mr. BANNING. Certainly. very important one. It is one which has been carefully considered. It Mr. STEELE. Let me ask the gentleman whether it is not a fact is one upon which there have been differences of opinion, I must freely that for aU active operations of the Army in time of peace in this confess. General Williams, an old and accomplished soldier himself, country the most useful and available troops are the cav::iliy regi- argued this question for a long time with me; and I am glad t he ments; whether the only nse now for troops on active duty in the House is going to determine it by a vote on this occasion. I shn.ll ask field is not in the protection of the Texan frontier and interior settle- a vote upon the bill as it is; but the ~entleman from Wyoming pre- ments from Indian raids, and whether for that purpose the infantry sents a question for every man to constder; and the men from Texas are not almost utterly useless; whether the active service of the ·A rmy and from Montana and Wyoming are, I agree, good authority upon the must not now be done by the cavalry arm, and whether it would not point here presented, and know well what are the wants of that section be a very dangerous experiment, in view of the present aspect of the of the country; but it is a question for every member to consider, Indian country, to reduce the number of cavah-y regiments at all; aud whether it would be better to reduce the infantry regiments to eighteen if there were any possibility of this bill becoming a law, whether, if and let the cavalry regiments stand as they are. The amendment the number of regiments are to be reduced, it would not be much safer leaves that with the House to determine. I must say, however, that to make the reduction in the infantry rather than in the cavalry, re- the evidence presented to the Committee on Military Affairs by men t.aining that arm of the service which can and must be of the most from the frontier who testified before us goes to prove that the in- effective service f If we increase the number of cavalry and decrease fantry was useless in Indian campaigns, and that for these campaigns the number of infantry, even if you reduce the number of regiments, the cavalry was absolutely necessary in order to catch t.he Indians. that will give you an available, active, and effective military force Thanking the House for its attention, and in the hope that this bill which will be of some benefit. It is well known that, when infantry will not only pass this House but become a law, because I believe it are used to pursue Indians or raiders, it is necessary to mount them is right in all its parts and will result in securing for us a much bet- to accomplish any practical purpose. ter and more efficient army than we have now, I ask for a vote on If the gentleman will allow me I would like to say that the pres- the amendment moved by the gentleman from Wyoming. ent active force of the Army in the section of the country which I I ask the gentleman from Illinois whether he will not consent to have the honor to t"epresent has proved entirely inadequate to the the withdrawal of the motion to recommit, so I may demand the pre- protection of our people, and, in view of the present and probable vious question on the bill and amendments f complications with the Indians, that the force cannot safely be di- Mr. HURLBUT. I do not object to considering all other motions minish ed, but should for the safety of our people and settlements be withdrawn, and the bill now before the House. largely increased. Mr. BANNING. The bill is in the House. Does the gentl~man ob- I know of course that the pending bill does not reduce the number of ject to the withdrawal of the motion to recommit t the enlisted men of the Army, but only reduces the regimental organ- Mr. HURLBUT. Not at all. izations. If a reduction is to be made of the regiments of cavalry and Mr. BANNING. Then I shall call for the previous question. infantry to twenty-eight, it should be made in such manner as if pos- Mr. MACKEY, of South Carolina. I desire to ask the gentleman sible to increase the effective force and strength of our small Army, from Ohio a question before he takes his seat. ' anti in my opinion that can best be done in view of the present con- Mr. BANNING. I will answer if I can. dition of the country and necessities of the service, by increasing the Mr. MACKEY, of South Carolina. The question I desire to ask the s tr ength of the cavalry regiment.s, even if it has to be done at the ex- gentleman is this: If the gentleman from Ohio is sincere in his pense of the infantry regiments. statement, (and I mean no o:lfense by using the word sincere,) if his I shall regret any hardships which may be inflicted upon any of only object is to do away with that feature of the law which requires tho officers of the infantry arm of the service by the passage of this a colored man enlisting in the United States Army shall be embraced bill ; but I believe the frontiers cau be best protected by increasing in a separate organization, will he then withdraw his objection to the strength of the cavalry, even if we must submit to a reduction of allowing the amentlment to be offered by my colleague, that hereafter the number 2nd strength of our infantry regiments. no discnmination shall be made in enlistments! Mr. MAGINNIS. I wish to call the attention of the House to the Mr. BANNfNG. I made no objection to· it myself. It is the law fact that we support this amendment, not because we desire to have now, and it would be just aa proper to put in this bill the Declara- the number of infantry regiments reduced, but because we feel that tion of Independence, that all men are created equal. tho frontier cannot spare a single company of cavalry. The Army Mr. MACKEY, of South Carolina. Do I understand his objection organization as it now stands should be filled up to the maximum. is withdrawn to receivin~ the amendment of my colleague! There is plenty of work for such an army no"T' and the signs are Mr. BANNING. That IS the law now. I have not the power to ominous that there will be a great deal more work in the future. give my consent unless the gentleman from Pennsylvania withdraws The Government cannot remain deaf to the cries for protection com- his objection. Will the gentleman vote for the bill if that is done f ing up from the ravaged and bleeding frontier to-day. The principal Mr. RANDALL. I ask for the regular order. object of government is to protect the lives and property of its citi- The SPEAKER pro tempore. The regu1ar order is called for, and zens, and when it ceases to do that it abdicates the function for which the first vote is on the amendment of the gentleman from Wyoming, it was organized. But if the reduction of the fighting force of the [Mr. STEELE,] the motion to recommit htl.ving been withdrawn by Army, so unwisely made by Congress two ye..'U's ago, be still insisted unanimons consent. upon, and a reduction in organization is to be made to correspond Mr. SMALLS. I ask the gentleman from Pennsylvania if he will with that reduction of men, we hope that it may not be made in the not withdraw his objection to my amendment t cavalry arm of the service, the arm most useful at present, and Mr. RANDALL. I have asked for the regular order. most difficult to organize and train into efficiency in the case of a The SPEAKER pro tempore. Objection being made, the gentle- great war. man's amendment cannot be received. The question is on the amencl- I might call the attention of the chairman of the Military Commit- ment of the gentleman from Wyoming, which the Clerk will report. tee to the fact that in three expeditions now marching against the The Clerk read as follows : hostile Sioux one at least is largely composed of infantry, because Amend section 1 of the bill by strikiug out lines 3 and 4, and inserting in lieu there was no cavalry to use. And I ask him, aa a gentleman of great thereof the following: military experience, what chance there is for that mfantry in a chase That the number of infantry regiments is hereby reduced to eighteen. after mounted Indians f How difficult to use infantry at all in such The question being taken, there were-ayes 22, noes 132. work unless you mount the men, and that is more costly and expen- So the amendment was not agreed to. sive than the maintenance of additional cavalry 1·e.giments. The In- The question was next on the amendment offered by Mr. HURLBUT dians that we ni.ust hereafter fight are the Indians of the plains- as a substitute for the bill; which was read, as follows: cavalry Indians-occupyin~ a country peculiarly favorable for cav- alry operations. The Ind1ans of the woods and the mountains do Be it enacted, ([;c., That the President of the Unitoo States be r~nested and di- not give us much trouble at this time, nor do any remaining bands rected to appoint a commission of seven officers of tho Army of distinguished sorv- ice and knowledge, who shall report through the President, as soon as pra.otica.ble, of them threaten much trouble in fntnre. · Our troubles and our their opinions upon the best method of re-organizing the Army of the United States, wars are to be with Indians on horseback, and neither infantry nor and especially upon the best method of organizing the staff depa.rtmenta with a artille1-y are speedy enough to compete 'vith these Bedouins of the view to economy and etlioiency. American plains. Therefore, I hope that if the Army is to be re-or- Mr. KASSON. I call for the yeas and nays. ganized the cavalry arm will be increased to even greater efficiency The yeas and nays were ordered. than at present. I admit the argument of the gentleman from Ohio The question was taken; anti there were-yeas 88, nays 113, not that such a re ult can be secured even under this bill by filling up voting ~7 ; as follows : tho eight cavalry regiments, but I insist than ten or even more than YEAS-Messrs. Adams, George A. Bagley, J'ohn H. Baker, William H. Baker, ten full cavalry regiments are needed to meet the pressing necessity Ballou, Blaine, Blair, llradley, William R. Brown, Horatio C. Burchard, Chittenden, of protecting our people on the frontiers and giving to our citizens Crapo, Crounse, Culberson, Danford, Davy, Denison, Dobbins,· Dunnell, Eam , that peace ancl security which it is the duty of the Government to Frost, Frye, Garfield, Hancock, Haralson, Hardenbergh, Benjamin W. IInrris, Hathorn, Haymond, Hays, Hendee, H enderson, Hunter, Hurlbut, J'oyco, Kasson, give to all its people. Kehr, Kelley, Ketchum, Kimball, Kin"', Lawrence, Leavenworth, Levy, Lynch, Mr. BANNING. I will answer the gentleman's question; but be- Edmund W. :M. Mackey , Magoon, M.ae Don"all, McCrary, McDill, Miller, Mills, fore doing so · I wish to state t.o the House, as there may be some Monroe, Morgan, Nash, Nort()n, O'N eill, PacJ;;:er Page, W1lllam A. Phillips rlais- misundersta.nding in the matter, that this bill does not reduce the ted Platt, Potter, Robinson, Rusk, Sampson, Schleicher , Seelyo, 8innickson, Smalls, Th;ockmorton, Martin I . Townsend, 'Vashington Townsoncl, Tufts, Van V orh os, number of the fighting force of the· Army a single man-not one. W aldron. Alexandl.'.r S. Wallace, John W . Wallace, Erastus Well~:~, G . Wilev W ell s, Mr. MAG INNIS. I uude1·st and that. White, Whiting, Willard, Andrew Williams, Charles G. Williams , William B. l\lr. BANNING. The question propounded by the gentleman U:l a Williams, James Wilson, and Woodworth-ClS: 1876. CONGRESSIONAL RECORD-HOUSE. 3459 NAYS-Messrs . .Ainsworth, Anderson, Atkins, John H. BaglE'y, jr., Banning, Darrall, Davis, Egbert, Evans, Faulkner, Fort, Foster, Freeman,~. Frost, Gibson, Beebe Bland, Blount, Bradford, Bright, John Young Brown, Buckner:, Cabell, G-Qodin, Hale, Halleoek, Henry R. Harris, John T. Harris, Abram l:>. Hewitt, Hoar, Jolin H. Caldwell William P. Caldwell, Candler, Cate, Caulfield, Chapm, John Hoge, Hooker, Hopkins, Hoskins, Hubbell, H:vman Knott, George M. Landers, B. Clarke of Kent~eky, John B. Clark, jr. of .Missouri, Clyme:.;, Cochrane, Coll.i.J;ls, Lane, Lapham, Luttrell, L . .A.. Mackey, Maish,.Me;de, New, Oliver, Phelps, Pur- Cutler, De Bolt, Dibrell, Douglas, Durand, Durham, Eden, Ell~s, Ely, Felton, Fin- man, Rainey, Reagan James B. R.ellly, William M. Robbins, Roberts, Sobieski ley, Forney, Franklin,. Fuller, Gause, Glover, Goode, ~m, Gunter,. Rob':rt Ross, Schumaker, A. Herr Smith, Sparks, Strait, Stevenson, Stone, Stowell, Swann, Hamilton Hartridge, Hartzell, Hatcher, Hereford, GoldsliDth W. H':Witt, Hill, Thornburgh, Tucker, Van Vorhes, John L. Vance, Waddell, Wait, Charles C. B. Holman House, Hunton, Hurd, Thomas L. J onei!, Knott, Lamar, Franklin Lan~ers, Walker, Gilbert C. Walker, J obn W. Wallace, Walsh, Warren, Wheeler, White- Le Moy~e. Lewis, Lord, Lvnde, Maish, McFarland, McMahon, Mete~~· ~en, house, .A.lpheus S. Williams, Wllshire, &Djamin Wilson, James Wilson, Alan Wood, Money Morrison, Neal, o rBrien, Odell, Parsons, Payne~ John F. Philips, Piper, jr., and Woodburn-83. Poppleton Randall, Rea., John Reilly, Rice, Riadle, Jonn R.obbins, Miles Ross, S th b"ll d · Savage, ~yler, Seales, Sheakley, Singleton, Slemons, William E. Smith, Southard, 0 e 1 was passe · Springer Stenger, Tarbox, Tease, TeiTy, Thomas, Thompson, Turney, Robert B. During the roll-call, Vance, Charles C- B. Walker, Walling, Walsh, Ward, Wigginton, Wike, James Mr. BAKER, of Indiana., said: My colleague, Mr. EVANS, is absent Williams, Jeremiah N. Williams, Willis, Fernando Wood, Yeates, and Young-113. by leave of the House; if he were here he would vote "no." NOTVOTING-Messrs . .A.she,Bagby,Banks,Bass,Bell,Blackburn Bliss,Boone, Mr DURAND M ll M A. S W d Mr C Samuel D. Burchard, Burleigh, Campbell, Cannon, Cason, Caswell, Conger, Cook, . . y co ea.gues, r. . ILLlAMS an . ON- Cowan, Cox, Darrall, Davis, ~gben, Evans, Fau.I.k:ner, Fort, Foste.r, Free~an. GER, are ~bsent by order of the House; if present Mr. W.ILLIAMS Gibson Hale, Andrew H. HaliDlton, Henry R. Harris, John T. Harris, Hamson, · would vote "ay," and Mr. CONGER I think would vote "no." Henkle, AbramS- Hewitt, Hoa.r, Hoge, Hooker, Hopkins, Hoskins, ltubbell, Hy- Mr. THROCKMORTON. My colleagne, Mr. REAGAN, is absent on man Jenks Frank Jones, George M. Landers, Lane, Lapham, Luttrell, L . .A.. kn Mackey, M~de, Mutchler, New, Oliver, Phelps, Pierce, Powell, Pratt, Purman, account of sic ess. Rainey Rea!!&Il, James B. Reilly, William M. Robbins, Roberts, Sobieski Ross, . Mr. FOSTER. I a.m paired upon this question with the gentleman Schum~e:r "'.A.. Herr Smith, Sparks, Strait, Stevenson, Stone, Stowell, Swann, from Virginia, Mr. TUCKER; if he were present he would vote "ay," Thornburgh, Tucker, John L. Vance, Waddell, Wait, Gilbert C. Walker, Warren, and I would vote "no." Wheeler, ahire, Whitehouse, Whittborne, .A.lpheus S. Williams, James D. Williams, Wil- B.eDjamin Wilson, Alan Wood, jr., and Woodburn-57. Mr. WALLACE, of Pennsylvania• . I am paired upon this question with my colleague, Mr. EGBERT; if he were here he would vote "ay," So the amendment wa.a not agreed to. and I would vote "no." During the roll-call the following announcements were made: Mr. CANNON, of lllinoia. I am paired upon this question with the Mr. WIKE. My colleague, Mr. BAGBY, is absent on committee gentleman from Georgia, Mr. CooK; if he were present he would vote duty by order of the House. · "ay" and I would vote "no.'? · Mr. DURAND. I desire to say that my colleagues, Mr. A. S. WILL- Mr. HOSKINS. I am paired with the gentleman from Virginia, lAMS and Mr. CoNGER, are absent by order of the House. If present Mr. wALKER· if he were present he would vote "ay," a.nd I would I think Mr. WILLIAMS would vote "no," and Mr. CONGER would vote vote "no." ' "ay." . . . . Mr. OLIVER. Upon this question I am paired with Mr. HOPKINS, Mr. FOSTER. On this questiOn I am paiTed With the gentleman who is absent by leave of the House· iD present he would vote "ay" from Virginia, Mr. TUCKER. If present he would vote "no,'' and I and I would vote '' no." ' ' would vote " ay ·" . . . . Mr. VAN VORHES. I am paired with my colleague, Mr. VANCE, Mr. CANNON, of lllinms. I am paired With General CooK, of Geor- who is absent by leave of the. Honse· if present he would vote" ay" gia. If present he would vote "no," and I '!ould vote "ay." and I would vote "no.H ' ' Mr. WHITING. My colleague, Mr. FoRT, IS absent by leave of the Mr. WILSON, of Iowa. I agreed to pair with the gentleman from House. . . . . . . North Carolina, Mr. WADDELL, upon election cases; but· his friends Mr. HOSKINS. I am pa1red w1th Mr. WALKER, of VITgmta. If he understand that the pair was to be upon all political questions. Now, -vrere here he would vote ".no," ~d I would vote "ay." . as he went home "to attend to a sick member of his family, I will leave Mr. OLIVER. I am parred Wl~~ ~~· HOPKINS, of Pen~syly_ama. 1 it so, and, having voted, I will withdraw my vote. If he were present he would >ote no, and I would vote ay. Mr. SCALES. My colleagues, Mr.DAVIS and Mr. RoBBINS, are both The result of the vote ~as then annou~ced .t~s above recorded. absent by leave of the House. The SPEAKER pr? tempore. ':!-'he question IS now on the engross- Mr. HURLBUT. My colleague, Mr. FoRT, is absent by leave of the ment and third reading of the bill. House Mr. MAcDOUGALL. . Pending that, I move to lay the bill on the The 'result of the vote was then announced as above recorded. table ; and on that motion I call for the yeas and nays. Mr. BANNING moved to reconsider the vote by which the bill was Mr. HURLBUT. Rather let us have the yeas and nays on the paa- passed • and also moved that the motion to reconsider be laid on the SlLge of the bill. . table. ' Mr. MA.cDOUGAL.L . Very well; I Withdraw the call for the yeas The latter motion was agreed to. and nays. T.he motion to lay the bill on the table was not agreed to. MESSAGE FROM THE SENATE. The bill was ordered to be engrossed and read a third time. A message from the Senate, by Mr. SYMPSON, one of their clerks, in- Mr. MAcDOUGALL. I call for the reading of the engrossed bill. formed the House that the Senate had passed, without amendment, Mr. HOLMAN. Does not this call come too late' joint resolution (H. R. No. 115) granting the use of artillery, blankets, The SPEAKER pro tempo1'e. 'l'he gentleman called in time for the &c., at the national soldiers' reunion at Caldwell, Ohio. reading of the engrossed bill. The bill has not been engrossed. The message further announced that the Senate had passed bills . Mr. MAcDOUGALL. I withdraw the call for the reading of the of the following titles; in which the concurrence of the House was. engrossed bill. requested: 'l'he bill was read the third time. An act (S. No. 115) to amend sections 533, 556, 571, and 572 of the The SPEAKER pro tempore. The question recurs on the p3B8age of Revised Statutes of the United States r~lating to courts in Arkansas the bill. and other States ; Mr. HURLBUT. Upon that I call for the yeas and nays. .An act (S. No.. 599) granting a pension to Catharine A. Winslow, The yeas and nq,ys were ortlered. widow of the late Rear-Admiral John A. Winslow; The question was taken; and there were-yeas 123, nays 82, not An act (S. No. 626) in relation to the Japanese indemnity fund; voting 83 ; as follows: An act (S. No. 779) to provide for the suJe of the reservation of the YEAS-Messrs. Ainsworth, Anderson, Ashe, Atkins, John H. Ba.gley, .Jr., Ban- confederated Otoe and Missouri Indians in the States of Kansas and ning, Beebe, Bland, Blount, Boone, Bradford, Bright, John Young Brown, Buckner, Nebraska.; Cabell, John H. Caldwell, William P. Caldwell, Candler, Uate, Caulfield, Chapin, John B. Clarke of Kentucky, John B. Clark,jr., of Missomi, Clymer, Cochrane, .An act (S. No. 808) for the relief of Charles B. Varney, of Portland, Collins, Cutler, De Bolt, Dibrell, Douglas, Durand, Durham, Eden, Ellis, Ely, Maine; and Felton, Finley, Forney, Franklin, Fuller, Gause, Glover, Goode, Gunter, Andrew .An act (8. No. 863) to change the name of the steamship City of H. llamilt()n~ RobertHnmilton, Hardenbergh, Hanison, Hartridge, Hartzell, Hatch- Brashear to Lone Star. er, Haymona, Henkle, Hereford, Goldsmith W. Hewitt, Hill, llolman, House, Hun- ton, Hurd, Jenks, Frank Jones, Thomaa L. Jones, Lamar, Franklin Landers, .Le The message further announced that the Senato insisted on tbeir Moyne, Lewis, Lord, Lynde, McFarland, McMahon, Metcalfe, Milliken, Money, amendments to the bill (H. R. No. 2441) authorizing the appointment Morrison, Mutchler, Ne3J., O'Brien, Odell, Parson~t.Payne, John F. Philips, PiJ,lOr, of receivers of national banks, and for other purposes, and had agreed Poppleton, Potter, Powoll, Randall, Rea, John Reilly, Rice, Riddle, John R.obbms, to the conference asked for by the House,. and had appointed Mr. Milea Ross, Savage, Sayler, Sca1es, SheakleYi\;Singloton, Slemons, WillianiE. Smith, Southard, Springer, Stenger, Tarbox, Tees , Terry, Thomas, 1.'hompson, Turney, SHERMAN, Mr. I... oGA.N, and Mr. BAYARD as managers of said confer- Robert B. "Vance, Wal.l.iriil. Ward, Erastrur ells, Whitthorne, Wigginton, Wike, ence on the part of the Senate. James Williams, James :0. Williams, Jeremiah N. Williams, Willis, Fernando Wood, Yeates, and Young-123. ORDER OF BUSINESS. NAYS-Messrs. Ada.ru.s, George .A.. Bagley, John H. Baker, William H. Baker, Mr. RANDALL. I move that the rules be suspended and the Housa· Ballou Banks, Blaine, Blair, Bradley, William R. Brown, Horatio C. Burchard, Caaweh: Crapo, Crounse, Culberson, Danford, Davy, Denison, Dobbins, Dunnell, resolve itself into Committee of the Whole on the state of the Union Eames, Frye, Garfield, Haralson, Benjamin W. Harris, Hathorn, Hays, Hendee, on the Indian appropriation bill. Henderson, Hunter, Hurlbut, Joyce, Kasson, Kehr, Kelley, Ketchum, Kimball, Mr. HOLMAN. I desire to make an inquiry as to the order of busi- King, Lawrence, Lea.venwort~~ Levy, Lvnoh, Edmund W. M. Mackey, Magoon, ness. The bill to equalize the bounties of soldiers was inade a special l1aoDon.,.all, McCrary, McDiLL, Miller, "Mills, Monroe, Moraan, Nash, Norton, O'Neill, Packer, Page, William A. Phillips, Pierce, Plaisted, 'Platt, Pratt, Robin- order for the day before yesterday and from day to day thereafter son, Rusk, Sampson,·Schleicher, Seelye, Sinuickson, Smalls, Throckmorton, Martin until disposed of-- I. Townsend, Washin~n Townsend, Tufts, Waldron, Alexander S. Wallace, G. Mr. HURLBUT. To what bill does the gentleman refer f Wiley Wells, White, Whiting, Willard, Andrew Williams, Charles G. Williams, Mr. HOLMAN. To the bill for the equalization of bonn ties. I ask Wimam B. Williams, and Woodworth-82. NOT VOTING-Messrs. Bagby, Bass, Bell, Blackburn, Bliss, Samuel D. Bur- unanimous consent that that bill be taken up and disposetl of imme- chard, Bul"leigh, Campbell, Cannon, Cason, Chittenden, Conger, Cook, Cowan, Cox, diately after the Indian appropriation bill has been disposed of. 3470 CONGRESSIONAL RECORD-HOUSE. JUNE 1,. Mr. BUCKNER. I object. of the Treasury of the United States. The shippin~ commissioner ma.:y, in case of The SPEAKER p1·o tem,pore. The gentleman can call up the blll necessity, depute such clerk or clerks to act for him in his official capacttv; ond all ar.U! done by any Ruch clerks, when deputized by the rommis ioner, shall be volid for con ideration. at that time. The question now is upon the motion and binding as if done"by the commissioner, who shall personally be liable for any of the gentleman from Pennsylvania. [Mr. RANDALL] that the House penalties such clerk or clerks may incur for any violation of any of the provisions resolve itself into Committee of the Whole for the consideration of of this titl~. Such clerk or clerks shall be under the direction of the shippiug the Indian appropriation bill. commissioner, who shall be empowered to remove from office any clerk who, m his opinion, does not properly discharge the duties devolved upon J:iim ; and no offir r Mr. HOLMAN. Then I give notice that as soon a.a the Indian ap- or clerk appointed under this title shall retain any fees or other moneys arisin~ propriation bill is disposed of I wi1l insist upon the special order, from or by virtue of this title, in remuneration for any services performed by him bein~ the bill for the equalization of bounties. or them, or under any pretext whatever. Mr. KELLEY. I ask my colleague [Mr. RANDALL] to yield to me SEC. 4506. Each ship pin~ commissioner shall be provided with a seal, with which he shall authenticate all his official acts, on which seal shall be en~Ted the arms for a moment. of the United States and the name of the sea-port or district for which he is com- Mr. RANDALL. I will do so. misRioned. Any instrument, either printed or written, purporting to be the official act of a shipping commissioner, and purporting to be under the seal and signature EVENING SESSION FOR TARIFF DISCUSSION. of such shipping commissioner, shall be received a.~ prima facie evidence of the Mr. KELLEY. I move that there be a. session of the House to-mor- official forth. character of such instrument, and of the truth of the facts therein set row evening, beginning at half past seven, for debate only on the 1 SRc. 4507. The Secretary of the Troosuryof the Unit-ed States shall at every port 1 tariff bill, no business whatever to be transacted. A number of gen- where a shipping commissioner is appointed, desi~ate a certain portion of tho cus- tlemen have prepared themselves to speak upon that subject, and as tom-bouse, or shall lease, rent, or procure other smtable premises in the vicinity of such custom-house, for the tra.nsaction of the they are not likely to get an opportunity to do so during the business for the preservation of the books and other documents connected therewith, andbusiness of such commissioner, and hours of the day, I ask that to-morrow evening be set apart for dis- these premises shall be styled the shipping commissioner's office. cussion upon that subject. CJIAPTER 2.-SHJPMENT. The SPEAKER pro tempore. That requires unanimous consent. SEC. 4511. The master of every vessel bound from a. port in the United States to There was no objection, and it was ordered accordingly. any foreign port, other than vessels engaged in trode between the United States and the British North American pos es ions, or the West India Islands, or tho MERCHANT SEAMEN•. republic of Mexico, or of any vessel of the burden of even~·-five tons or upward, Mr. WARD. I desire to call up a privileged motion: to reconsider bound from a port on the Atlantic to a port on the Pacific, or tJice tJersa, shall, b~­ the vote by which the House recommitted to the Committee ou Com- fore he proceeds on such voyal!e, make an agreement, in writing or ln print, .with every seaman whom he can-ies to sea as one of the crew, in the manner hereinafter merce the bill relating to merchant seamen. If the gentleman from mentionedi· and every such agreement shall be, as near as may be, in th form given Pennsylvania [Mr. RANDALL] will yield to "me for that purpose, I in the tab e marked A in the schedule annexed to this title, and shall be dated at think it will not take long to dispose of the bill, and it is very im- seaman the time of the first signature thereof, and shall be signed by the master boforo :my signs the same, and shall contain the following particulars: portant that it should reach the Senate at an early day. First, the nature and, as far as practicable, the duration of the intended voyage Mr. RANDALL. I would prefer that the gentleman would not press or engaaement, and the port. or country at which the vo~age is to terminat~; his proposition for the present. Secon'il, the number and descriDtion of the crew, specifying their respective em- Mr. W .ARD. It will not take much time. plovmenU!; Third, the time at which each seaman is to be on board to begin work; Mr. RANDALL. I would be willing to yield for twenty minutes. Fourth, the capacity in which each seaman is to serve; .Mr. W .ARD. I will explain the bill in as brief time as I can. Fifth, the amount of wages each seaman is to receive; Mr. RANDALL. I will yield for thirty minuteB. Sbcth, a scale of tho provisions which are to be furnished to each seaman and a Mr. \VARD. Mr. Speaker, I now call up the motion to reconsider the guarantee that the victuals supplied to the crew shall be equivalent in quality to United States Navy ration; . tho vote by which the House recommitted to the Committee on Com- Seventh, any regulations as to conduct on board, and as to fines, short allowance merce the bill (H. R. No. 3187) to amend title 53 of tho Revised Stat- of provisions, or other lawful punishments for misconduct which may be sanctioned utes, relating to merchant seamen. by Congress as regulations proper to be adopted, and which the parties agree to 'l'he Clerk read the biU, as follows: adopt; Eighth, any stipulations in reference to advance and allotment of wae;es, or other Be it enacted, tl:c., That sections 4501. 4502, 4503, 4504, 4505, 4506, 4507, 4511, 4541, matters not contrary to law. 4545, 4554, 4594, and taMes C and E of the schedule, in titl.e 53 of the Revised Stat- i't CHAPTER 3.-WAGES AND EFFECTS. utes of the United States, be, and are hereby, repealed, and the following sections and tables substituted therefor: SEc. 4541. Whenever any such seaman or apprentice dies at any place out of the U nitod States, leaving any money or effoom not on board of his vessel, the consu Jar CHAPTER 1.-SHIPPING COMMISSIONERS. officer of the United States at or nt'arest the place shall claim and toke chargo of SEC. 4501. The Secretary of the Treasury shall appoint a commissioner for every such money and effects, and sholl, if he thinks fit, s 11 all or any of such offi ct.~. or port of entry which is also a port of ocean navigation, where, in his judgment, any effects of any deceased seaman or apprentice delivered to 'him under the J11'0- such officer may be required within any district of the United States now or visions of this title, and shall quarterly 1·emit.to the district court for the tlistrict hereafter to be established for the collection of revenue from customs, such offi- embracin~ the port from which such ship sailed, or the port where the voyage tm·- ccr to be named a shipping commissioner; and the said Secretary shall have minates, aJl moneys belonging to or arising from the sale of the effects or p:iirl as power to remove from oilice any commissioner so a-ppointed who be may have rea- the warres of any deceased seamen or apprentices, which have come to his hamls, son to believe does not properly discharge the duties devolved upon him by this and shall render such accounts thereof as the district. judge requires. title; and to provide for the proper performance of the duties of such offices in SEc. 4545. When no claim to the waaes or effects of a deceased seaman or appren- the case of a vacancy, by designating a substitute until such vacancy be filled; tice, received by a circuit court, is substantiated within six years after tho recoipt and shall regulate the mode of conducting business in the sbippin~ offices to be es- thereof b¥ the court., it shall be in the absolute discretion of the court, if any subse- tablished as hereinafter provided; and shall have full and complete control over quent claim is made, either to allow or refuse the same. Snob court shall, on tb 1st the same, subject to the provisions herein contained. day of Jannary, 1877, render an account to the Secretary of the Treasury of the Unit~d SEC. 4502. Every shipping commissioner so appointed s bnll give bond to· the I' States of all moneys remaining in such conrt, and which have then arisen from such United States conditioned for the faithful performance of the duties of his office unclaimed wages and effecU! as aforesaid, with the date of receipt of each item. for a sum, in the discretion of tho Secretary of tbe Treasury, of not less than and shall annually thereafter, on the lst day of January, render such an account of $5,000, with two good and sufficient sureties tberefm·, to be approved by such Sec· all such moneys then remaining in such court, and which have arisen as aforesaid; retary, and shall take and subRcribe the following oath before entering upon the and all such moneys shall, if not, in the opinion of tho court, necessarily reta.inecl dut.i es of his office: "I do solemnly swear (or affirm, as the case may be) that I for the purpose of satisfying claims, be, on the 1st day of January next after the will support the Constitution of the United Stl!>tes; aml that I will truly and faith- expiration of six years from tho time when it was received by the cout t, pahl into fully d·J!:!Charge the duties of a shipping commissioner to the best of my ability, the Treasury of the United States; and such money shall form a fund for and he and according to law." Such oath shall be indorsed on the commission or certifi- appropriated to the relief of sick and disabled and destitute seamen belonging to ca.te of appointment, and signed by him, and certified by the officer before whom the United States merchant-marine service. such oath shall have been taken. CHAPTER 5.-PROTECTION Mo.'D RELIEF. SEC. 4503. In any port in which no shipping commissioner shall have been ap- pointed, the whole or any part of the busmess of a shipping commissioner shall be SEC. 4554. Every shipping commissioner shall hear and decide any question what- conducted by the collector or deputy collector of customs of such port. The Sec.. soever between a mal'l.ter, consignee, agent, or owner, and any of his crew, which I"etary of the Treasury m3.y increase the salary of such collector or deputy whore both parties agree in writing to submit to him ; and every award so made by him tJ10 some is not :fi.'led by law, to conform to the increaaed duties imposed upon him shall bo binding ou both parties, and shall, in any legal proceedings which may be by the provisions of this title ; and the collector or deputy collector shoJ.l pay all taken in the matter before any court of justice, be aeomed to be prima facie evi- sums collected by either of them in such capacity into the Treasury of the United dence as to the rights of t.he parties; and any document under the hand and official States ; and in respect of such business, such custom-house shall be deemed a ship- seal of a commissioner purporting to be suoh submission or award shall be prima ping office, and the collector or deputy collector of customs to whom such busi- facie evidence thereof. But no commissioner shall charge or cause to be charged ne s shall be committe commissioner ruay engage a cl~rk or clerks (who shall froui the wa~es of ea~h member of tbe crow, fifteen cents. upon b ing so appointed 'talte and subscribe an oath of office in like manner with In respect of discharges, n-om the wages of each member of the crew, fifteen cents tho commissioners) to n.~si~t him in tho transaction of the business of the shipping ollice. Tho nun1l>er aml salaries of such clerks sho.ll be regulated by tho Secre tary Tho motion to reconsider was agreed to. 1876... CONGRESSIONAL RECORD-HOUSE. 3471 Mr. WARD. I withdraw the motion to recommit. The bill has thus afforded attrn.ct a. class of men who are to be found in every sea- occupied some time in reading, but the amendments to the shipping port ready to take advantage of his circumstances and make him act proposed are not very many. their prey. Before proceeding to explain the bill, I desire to offer a few addi- As the laws of other countries competing with us for the great tional amendments. The first amendment I propose is on page 2 of prizes of the shipping trade secured for their seamen special advan- the printed bill, line 20~ after the word "customs," insert "and desig- tages which our own did not enjoy, our commerce suffered from the . nate and regulate the salary thereof, subject to the limitation con- want of enactments duly protecting our sailors, whose condition in tained in section 4594." There was an omission to give the Secretary our sea-ports was one of great injustice to themselves and other citi- of the Treasury power to regulate the compensation of ~hese commis- zens, and disgraceful to our country. sioners. It was the common habit of a large cla-ss of men who infested the Mr. SEELYE. I do not understand whether or not this amend- sea-ports to pander to the grossest appetites of the sailor, and taking ment is intended to take away from the circuit judge the appoint- advantage of his inexperience and the exhilaration naturally pro- ment of these commissioners and to give it to the Secretary of the duced by his being ashore, and his freedom from restraint, to keep Treasury. him in a state of excitement and intoxication, so that he became Mr. HEREFORD. The bill does. powerless in their hands. He was liable not only to be cheated and Mr. SEELYE. Then I think it avery undesirable amendment. It robbed of his wages to an extent tha.t could not be practiced on any would seem as though these shipping commissioners ought to be quite other class of men, but his labor was sold and his services engaged out of the ordinary line of political appointments. The appointment for long voyages when he was unconscious of the nature of the agree- of the commissioners by the circuit judge of the United States court ment he was making. Sometimes, when he imagined he had con- h'\.S thus far secured this end, and it would seem very desirable that tracted for a short trip, he found himself in a vessel bound for the it should continue. East Indies or China. There were not a few instances where mechan- Mr. WARD. I think after I have made my explanation the gentle- ics and persons of various other pursuits in the city or rural districts man will be satisfied that this amendment is not so objectionable as he were drugged, carried to the ship, and passed off as good sailors, their seems to suppose. It merely gives t.he Secretary powerto fix the amount captors pocketing their advance wages, they themselves incapable of the salary of these commissioners, subject to the limitation contained of performing duties at sea and the ships endangered by being in- in section 4594 of the Revised Statutes, which is, that it shall not ex- sufficiently manned. ceed $4,000, except in New York, where it shall not exceed $5,000. Extortion of the most flagrant kinds was practiced. Both sailors That is all there is in the amendment. and ship-masters were victims. When men were abundant a large The amendment was agreed to. proportion of the sailor's wages was taken from him for securing ship- Mr. W .A.RD. I propose another amendment. On page4 of the printed ment for him. One of the consequences of this infamous treatment bill, in .line 67, after tb.e word" master," insert the words" or in case · and of his being frequently shipped while uncoD.scious of what he wa-s of the absence of the owner, consignee, or the sickness or other disa- doing was that he worked grudgingly and under a sense of injury on bility of the master, the agent." Also on the same page, in line 76, board ship, that the captain found difficulty in managing him, and after the word "master," insert the words "or in case of sickness or that he freq_uently deserted at the first port where he landed, taking other disability, the agent;" so that that portion of the section will his cha.p.ce of shipping again under some different name. When there read as follows: was a. scarcity of sailors similar extortion was practiced on the ship- Nothing in this title, however, shall prevent the owner or consignee or master, owners, but frequently there was acombinationamongthemore power~ or in case of the absence of the owner or consignee, or tho sickness or other disabil- ful parties to the bargains, the sailor himself being the chief sufferer, ity of the master, the agent of any vessel, except vessels bound from a. port in the not only from the condition to which he was reduced, but because, 1Jnited States to any foreign port, other than vessels enga:;ed in trade between the from the na'10re of his vocation, he was only a transient stranger. It United Stato.s and the British Nor·th American pos.'IOSSIOns or the West India isl.·mds or the republic of Mexico, and vessels of the burden of seventy-five tons or could only be expected that in such a state of affuirs between officers upward, bound from a port on the Atlantic to a port on the Pacific, or vice versa, and crew, separated by a wide expanse of waters and long intervals from performing himself, as fa.r us his vessel is concerned, the duties of shipping of time from ordinary society and its laws, discipline might often commissioner under this title. Whenever the master, or, in case of sickness or other disability, the agent, of any vessel shall engage his crew, or any part·of the degenerate into tyranny and cruelty on one side, and that, on the same, in any collection district where no shipping commissioner shall have been other, insubordination and even mutiny might arise. appointed, or where such commissioner hav:iug bean appointed shall refusei or by The well-known existence of these evils lonO' attracted the atten- ab once or otherwise be unable to perform the duties of that office, or the co lector tion of philanthropic persons, whose exertions led to the passage of or deputy collector of such collection district shall not claim the right to act in the act now under consideration. The prepond~rating weight of the the capacity of shipping commissiOner by the provisions of the preceding section, then the wa.ster may perform for himself the duties of such commissioner. most relia.ble information from the various ports shows that under its operation the wrongs already described have been checked or de- The amendment was agreed to. stroyed, and the exampled made of offenders have induced a salutary Mr. 'V.A.RD. I propose, also, the following amendment: fear of detection, exposure, and punishment. There has been a marked On page 4, in lines 71 and 72, strike out after the word " of," in line 71, the words improvement in the condition of seamen, and the ship-owners, many "the burden of seventy-five tons or upward," and insert '' less than seventy-five of whom were at first opposed to the act, have found benefit from tons burden." some of its provisions. The amendment was agreed to. Although, for the most part, the opinion of those who have made Mr. WARD. I also .move to amend as follows : due investigation is, in the language of a report adopted by the New On paue 10, line 225, add the following : . York Ship-Owners' .A.esociation, after being carefully prepared by a. And the salaries of officers and clerks appointed by this bill shall be paid out committee of six of its members, that the act is, on the whole, bene- of such fees or other moneys in the Treasury not otherwise appropriated. ficial to the interests of both sailors and ship-owners, if properly in- It is already provided that the fees shall be paid into the Treasury; terpreted and administered in accordance with what the committee but there was an omission to state in the bill that the Secretary of believe to have been the intention of its framers, the conclusion · is the Treasury should pay these salaries out of such fees or other money yet more generally admitted that the law is not free from defects, in the Treasury. . but is capable of improvement. It is believed that, by judicious and The amendment was agreed to. much-needed amendments, many, if not all, of the objections consci- Mr. W .A.RD. I propose now, in order that members of the House entiously entertained against the oot will in due time he removed. may understand the rea.sonM which have induced the presentation of The provisions of the act are numerous, but its main object iH to this bill, to make some explanations, and I will do so as briefly as I provide an officer to se~ that no foul play is practiced on the sei man can. The shipping act is a law of great importance, and the commit- or his employer in the engagement or discharge of crews. The corn- tee have been careful not to disturb its material provisions. missioner appointed for these purposes is, in order to execute them Mr. PAGE. Before the gentleman proceeds, I would like to inquire satisfactorily, invested with various powers which might be safely whether he intends to call for a vote on this bill to-dayf intrusted to a thoroughly just and firm man, but are liable to many Mr. W .A.RD. I do, a.a soon as I am through with my remarks. perversions. In view of the crimes it was intended to prevent, the Mr. Speaker, the act known as the "sl1ipping act of 1872" relating essential rule of making him duly responsible was neglected. The to merchant seamen, and being title 53 of the Revised Statutes, has natural result has followed that the shipping commissioners, being in many important respects fulfilled the intentions of its framers, but actually responsible to no one particuL"Yly, often perverted the powers has been found practically deficient in some of its provisions, and intrusted to them, have seldom made proper reports, and are virt ua.lly thus the benefits expected from its operations have been materially and practically" a law unto themselves." abridged and serious abuses.have been called into existence. It has As New York is the chief shipping-port of the United States, the been in operation from August, 1872, to the present time, and there merits and defects of the law and the enormity of the abuses which has been ample opportunity to jurlge fairly of its merits and defects. exist under it are most plainly visible there. In various degrees the The well-known character of the sailor and his essentially peculiar same results may be seen in other sea-ports. mode of life have long ago led, in the leading maritime nations, to The act directs that to provide means for the payment of the com- the enn.ctment of laws for his protection, especially as to his shipment missioner and the execution of his duties, specified fees shall be paid and dischargefromservice. His occupation is pursued remotely from to him on the engagement and discharge of seamen; that his compen- society at large and under discipline necessarily strict and to a great sation shall not exceed $5,000 a year; and that he .s hall pay the sur- extent arbitrary. Released from his customary restraints, with his plus into the Treasury of the United States_ It does not appear that pay in his pocket and a stranger among strangers, he naturally be- the commissioner at New York haa ever paid any of the fees into the comes liable to temptations and impositions ; aml the opportunities Treasury, although they have greatly exceeded the sum he was au- 3472 CONGRESSIONAL RECORD-HOUSE. JUNE 1, thorized to retain, but has expended them in a manner directly in ments as are herewith submitted are made, the law will be justly ancl v iolation of the provisions of the act. The first five months of its efficiently administered, and become deservedly popular among those operation ended December 31, 1872. ' During that time the fees re- whom it chiefly intended to benefit. ceived amounted to 2'2,112, but the expenditures of the commissioner I will endeavor to present separately and as brie:tly as possible the wera $23,168.87, leaving an alleged balance of $1,056.87 due to him. various reasons for the several amendments now pi"oposed. Thus he appropriated for uch uses as he arbitrarily chose the sum of Section 4501 : The change removing the appointing power from the $21,085.53 cluring the :first few months of his tenure of office. In 1873 several circuit courts to the Secretary of the Treasury is the main I'e- the amount of fees collected was $38,267.50, all of which was expended form proposed in this amendment. It is contrary to sound public or retained, and a claim made of the further sum of 1,088.61, as policy to blend together the creative and judicial functions. This due to him. In 1874 the number of attaches to his office was dimin- may be regarded as an axiom in legislation. The interests of justice ished, but he managed to expend the whole · amount of feeM, being demand compliance with the rule. The courts, however desirous of $56,169, and claimed as due to him 'the further sum of 805.57. There being impartial, can scarcely be fair judges between strangers and is no satisfactory reason for this sudden increase of ne..eceived was $51,718.50, and perhaps under dence of the courts the less impartial are they likely to be. Experi- a salutary fear of the direction of public attention! or in pursuance ence in the various ports has amply confirmed this view, and the of the rule of spending all the money that came under his control, amendment is almost universally desired by the people who are most the expenditnres reported by the commissioner were$51,440.29. includ- deeply interested in the success of the title. They deem it essential ing the balance due for the previous year. ' that this alteration should be made in order to insure them a duo An analysis of the expenditures of the commissioner shows that to measure of:instice. Under the present law some -commissioners have a most serious extent they were ma-de for his personal ends and in discharged their duty with fidelity, but in other instances their con- gross violation of the law. The act provides that he may "engage a duct has been arbitrary and unjust to the sailors, and public intere ts clerk or- clerks to assist him and to act 3.8 deputies at his own proper and money have been sacrificed to persona] gain. The law as it now cost." Regardless of this direction he engaged six clerks, at a salary is left them irresponsible and practically "laws unto themselves." of 1,300 each ; eleven agents and others, a.t salaries amoun:ting to Section 4502: This amendment simply canies out the changes $10,660; a deputy~ at 2,400 ; and paid each of four of his own sons made in the preceding section by substituting the words "Secretary a salary of $2,500. All these sabries were paid out of the fees, and of the Treasury" for " circuit judge," &c. in addition to his own salary of $5,000, although, as has been already Section 4503 : As increaaed duties may by the act be devolved upon shown, he- was only authorized to engage any clerks or dep~ty by the collector, the amendment to this section provides that in certain paying the salary " at his own proper cost." cases he shall have an increase of salary in proportion to the increase Amon~ these glaring violations of the law, the appointment by the of hi& work ; and the law previously not having been sufficiently ex- commissiOner of no less th::m four of his own sons, at salaries of plicit, that all fees he collects under the provisions of this act shall $2,500 each, is not the least conspicuous and :flagrant. The salary is be paid into the national Treasury. more than that paid to his deputy, and it is obvious that fair and Section 4504: It is sometimes difficult and a cause of serious de- just decisions could not be expected from him in any of the cases where lay and injury to ship-owners that the commissioners at some small the appeal might be made to the commissioner in the interest of the sea- places cannot be found. The amendment is intended to obviate the man's or pubhc rights against any of his sons thus favored and exorbi- difficulty bj enabling the master in necessary cases to act as commis- tantly paid from the money collected from the seamen. The com- sioner. mittee are fully satisfied that the duties of the shipping commissioner Section 4505: It being necessary in the larger sea-ports that clerks can be discharged for much less than is claimed for that purpose. should be employed to aid the commissioners in the performance of The amount fixed by the act is probably inadequate, but, so long as their duties, this amendment provides for doing so at the cost of the it is thus limited, due compliance should be made with the law. Government; and, while it gives the commissioner the power of ap- The act requires the commissioner to rent, lease, or procure, at llis pointing and removing such clerks, so as to insure their subordinate own cost, suitable premises for the transaction of business. But he co-optlration with him, it makes them also sworn salaried subordinates rentecl as commissioner, from an association ofwhichhe was president, of the Unitecl States Treasury Department, and thus directly responsi- an office for the annual rent of $5,500, which he pays out of the fees ble to it for the faithful performance of their duties. The commis- coming into his hands aa commissioner, and not, as provided by law, sioner being paid by a salary and prohibited from keeping fees or out of his own salary. The rent paid by him as commissioner to the applying them to any purpose except paying them into the Treasury, association of which he is president is not far from ten times the it is necessary to provide for payment of the clerks. The regulation actually fair rental of such premises as are required, he paying 5,500, of the number and salaries of the clerks is intrusted to the Depart- while rooms more conveniently located for the performance of the du- ment in view of the gross abuses that have arisen under the pres- ties with ~hich he is charged could be ha-d from $500 to $700. At Phil- ent law. In some instances too many clerks have been employed, and adelphia the rent paid for such an office waa 350. The office for which that, too, at extravaO'ant salaries. It is found desirable that the law the exorbitant rent of 5,500 is paid, for the use of the commissioner, should explicitly prohibit all officers and clerks appointed under this is at a very inconvenient distance from the custom-house. Thus much title from taking any fee, and this is done by the amendment. vexation and loss have a!'isen, and in many instances the delay has Section 4506: As the office of commissioner is strictly a salaried been so great that the deparlure of vessels for a whole day has been office, it is proper that he should be provided with an official seal at postponed simply for the necessity that captains should visit the office the public cost. Tho amendment is simplyto this effect, except that, and return to the custom-house. It is regarded as !Jo defect in the act it being thought a-dvisable to make instruments purporting to be the that there is no specific provision by which parties who are aggrieved acts of commissioners and duly authenticated by them "prima facie'' can present their cases on points requiring a strict construction of the instead of "presumptive" evidence, a verbal change to that eftect is law. All cases at New York in which such construction was asked introduced. have been presented by the commissioner himself ex parte. Section 4507: As the office of the commissioner is by the amend- In San Francisco, Boston, Philadelphia, and other sea-port-s the ments clearly and positively a salaried office only, and the amount of same violation as exists at New York of the provisions of the act, so the salary is in ea-ch case to be determined by the Secretary of the far as regards the expenditure of the fees which are paid to the com- Treasury, it is obviously proper that the premises used by the com- mi~sioners, has prevailed. In Philadelphia. numerous complaints missioner should be furnished by the Department. As a matter of haVe also been made in other particulars, indicating the expediency economy they should, wherever practicable, be part of the custom- of a chan~e in the appointing power. Applications have been made house, thus causing no charge for rent. But, besides this, the custom- for a total repeal of the act, as well as for amendments to it. It is house is the most convenient place for the masters of vessels;. and if deemed more desirable to remedy its defects than to destroy it. no part of it can be used as the commissioner's office, then the neiO'h- The primary and essential reform most imperatively demanded in borhood is the most desirable location. These are the objects of this the law is that the power of appointing the shipping commissioners amendment. Considerable delay, vexation, aud loss have frequently shall cease to be given to the United States courts which have juris- arisen from the distance in some ports existing between the custom- diction in maritime cases, and, to take the most pleasant view of the house and the commissioner's office, and much well-founded complaint matter, whose judges, having selected their appointees from confi- is made by owners and masters as to the loss of time and detention dence in them, cannot be regardecl as inlpartial judicial authority in occasioned by going to and fro between the buildings. matters to which the appointees are parties. It is obviously inex- Section 4511: This amendment proposes, in accordance with the pedient to blend the judicial and executive or appointing power. interests of seamen, that the quality of the provisions supplied to The office of the commissioner is created and held under the law of them be a.s far as practicable settled bylaw, and therefore in this re- the United States. Under these circumstances, the proposed bill pro- spect the standard of the United States Navy ration is adopted. vides that the power of appointing the commissioners shall be vested Section 4541 : In this amendment the word "court" is simply and in the Secretary of the Treasury of the United Stat.es, and that, under for obvious reasons substituted for "judge," in order to preserve con- certain restrictions, he shall regulate the amounts of their salaries, formity with previous amendments. their modes of conducting business, and the number and salaries of Section 4545: At present there is no limit to the time the United the cle1·ks and other persons in their employ. More than enough has States courts may hold the money arising from the unclaimed wage's been brought before the Committee on Commerce to prove the abuses and effects of deceased seamen. This amendment requires such mon y, existing under the present irresponsible and arbitrary system. It is if not claimed in six years and not necessary for satisfying claims, to believed that if these funclamental changes and such other amend- be paid into the United States Treasury, ancl as a clearly proper guaru 1876. CONGRESSIONAL RECORD-HOUSE. 3473 against abuses, insists that accounts of all moneys arising from un- it, but who is now absent on duties referred to him by the House. claimed wages and effects shall be rendered to the Secretary of the In order that the bill may have the mature consideration which it re- Treasury every year. quires, I move that it lie on the table. Section 4554: In order to permit plain proof subsequently brought Mr. ·wARD. Will the gentleman state who is the member he re- forward as to the matters named in this section to be admitted as ferred to as absent, and as desiring to discuss the bill t evidence in any court of justice, this amendment provides that awards Mr. SEELYE. The ~entlema.n from Michigan, Mr. CONGER. made under this section by the commissioner as arbiter shall be Mr. WARD. I have the pleasure to state that the gentleman from p1'ima facie and not conclusive evidence. The commissioner being Michi~an [Mr. CoNGER] has examined the matter and is-entirely satis- n. salaried officer, he is prohibited from taking fees aa arbiter. fied w1th what is here proposed. The gentleman from l\laine [Mr . Section 4594 : The amendment to this section is needful to carry HALE] also, who is absent, is in favor of it. out the main principle of the bill, the change in the n.ppointing power, Mr. SEELYE. I have great respect for tho gentleman who haa and provides that all salaries of officers appointed by the Secretary preseRted the bill and for the Committee on Commerce who hav" of the Treasury undac this title shall be paid by the Sec·. :etary of the directed it to be 1·epoded, but I have not had time to read it, and it TI·easury, and gives him authority to direct the manner in which the iM a bill of the very ~ravest significance, demanding the utmost care fees and other money shall be paid into the Treasury. It also pre- before it passes the House. scribes !mch limits as on consideration have been (leemed best for the Mr. WARD. I will not aMk the gentleman the source of his in- salaries of the commissioners. formation, but I will say that it is very limited. 'Ve have had onE\ Table C: As the present fee of 2 a man on shipmen• has been petition alone containing the names of one thousand seamen. It WaP. proved by experience to be a needlessly burdensome tax on shipping, presented by the Speaker p1·o tempore, Mr. Cox. and to yield in some ports an amount of revenue larger than is neces- Mr. HEREFORD. I desire to say in reply to the gentleman from sarily required to carry out the purposed of the act, tbe fee payable Massachusetts that so far as these amendments from the Committee on engaging each member of the crew is reduced to $1, and that for on Commerce are concerned, they do not in any sense affect the great each discharge to thirty cents. It is urged that the present rates objects sought to be accomplished by the present la.w. The interests tempt to eYaaion of the act and non-payment of fees. of the seamen are not at all affected by them. The great objects Table E: Reductions from wages being authorized under this table, sought to be injured by this bill are very few and very simple. The in partial repayment of the fees required by table C on engagements gentleman has just read a decision by a judge in New York, sa.ying and discharges, the amount in each case is reduced from twenty-five in terms-for it wa-9 also sent to me-that this commissioner was not to fifteen cents. restrained from paying these clerks out of these fees. The law says: These are all the amendments. They are in the main very simple, Any shipping commissioner ma;y engage clerks to assist him in the transaction althou~h it has taken some time both to read and to explain them. of the bUBIDess of the shipping office at Iiis own proper cost. I feel tnat I am expressing the unanimous sentiment of the Commit- tee on Commerce in saying that these amendments are certainly called How, then, would it appear t9 any member on this floor if a judge for. The only objection that I have heard raised to this bill (except in the face of that express language should decide to the contrary T in the case of one or two ch:tritable bodies in New York City: of one There is the law, plain and unmistakable. Yet in the face of that, as of which Mr. Dnncn.n ispresident,) comesfrom those who hold places the testimony before our committee showed, this very commissioner as commissioners. We have received from different sections of the in. the city of New York, Mr. Duncan, had in his employ six clerks, country many petitions and letters of the most urgent character in four of them his own sons, at a salary of 2,500 each, eleven agents favor of these changes in the law. and a. deputy, whom he paid out of the fees that he received, while I wish to say for the Committee on Commerce and for myself that the law says th..'tt he shall pay for clerical assistance out of his own we have no other object in proposing these changes than to remove pocket. These are uncontradicted facts. He had six clerks, and four the imperfections of the existing law and render it more efficient. It of them were his own sons, and he paid them a salary of $2,500 a year is believed that some centml power is essential to give effect to the out of these fees, when the law says he shall engage clerks at his own law. It was but the other day that I was constrained to ask this Honse proper cost. to pass a. law in order that the commissioners may be checked in libel- Furthermore, the law says in section 4507 of the Revised Statutes: ing vessels in direct conflict with the law. They hn.ve acted in entire bleEvery shipping commissioner shall lease, rent, or procure, at his own cost, suita- premises for the trallSaction of busine.~. disregard of any authority except themselv~s; and their conduct has been the means of making the law very odious and very unpopular. At his own cost he shall do this. Yet as the testimonv before our If the House should now pass this bill, the law may hereafter requite committee showed, and in fact the commissioner himself idmitted it- f1uther amendment before it shall be fully perfected. When the oc- he did not deny any of these facts; all the testimony comes from casion for such amendments becomes manifest, they can bo made. I the commissioner himself-he rented an office in the city of New now move the previous question. York for $5,500 a year, and paid it out of these fees which were to be Mr. SEELYE. Will the gentleman from New York [Mr. WARD] paid into the Treasury. And when I asked him the question, "From yield to meT what company did you rent that building'" he mentioned the name Mr. WARD. For how longT of the New York Seamen's AMsociation; and when I asked him who Mr. SEELYE. For three minutes. • is the president of t.hat association, he said, "I (Duncan) am the Mr. WARD. Certainly. president of it." In other words, he took from these fees which Mr. SEELYE. Mr. Spen.ker this shipping act of 1872 is certainly should be paid into the Treasury this sum of $5,500, and paid it to one of the most humane, beneficent, and judicions acts for the benefit himself as president of this association. of American seamen that the Amocican Congress ever passed. It Furthermore he stated-this is all from his own statement-that originated in the minds of some wise and saintly ladies of San Fran- he has 1·eceived since be had that office from $45,000 to $50,000 a year, cisco, who saw the inhumanity to which our seamen were subjected; and had never paid one dollar into the Treasury ; he never has made and, after many months and perhaps years of discussion on our or pretended to have made a report to the Government as to·what he eastern coast, this act was matured, presented to Congi·ess, and passed. bas done with these moneys. He nevermade any report; there is no The results of the act so far as the seamen are concerned haYe been pretense that he ever did so. But he pla-ced the money in his own all that was contemplated. The seamen have been protected from a pocket, paying 10,000 a year to his own sons and 5,500 to himself, treatment the like of which for barbarity could hardly be found else- making a smn of 15,500 paid to himself and to his four sons out of the where. No complaint, so far as I know, emana4Js from the seamen fees which ought to have been paid into the Treasury of the United respecting this act. The entire difficulty comes from the sailors' States. boarcling-house-keepers, whose profit and "blood-money" are severely The main salient point in this bill is to rectify these enormities, interferecl with, and from certain ship-owners. All the sailors' board- these outrages, and to take away the appointment from the circuit ing-house-keepers, so far as I understand, are opposed (very natu- judges, with whom the law now fixes it, and place it in the hands of rally) to the execution of the present law. Some of the ship-owners the Secretary of the Treasury. I think it would seem to any fair- are opposed to it, and for similar reasons. minded man that the law now is plain enough that the commissioner It iR very probably true that there are certain infelicities in the sha.ll pay these clerks at his own proper cost, and that he shall rent operation of this act which might very properly be remedied. It is this office at his own proper cost. And yet this commissioner has certainly true, however, that some of the infelicities to which the not done it. He has paid these charges out. of these fees collected honorable gentleman from New York has referred do not properly from those poor sailors whom the gentleman from Massachusetts so belong to it. For instance, I hold in my hand a recent decision of much desires to-day to defend. Instead of pa.ying them into the J ndge Blatchford, of New York, to whom one of these very questions 'l'reaaury, he has paid them into his own pocket and into the pockets respecting the salary of the shipping commissioner there was I'e- of his sons. And under these circumstances we say that a judge who ferred ; and, with great deference to the statements to which we have would decide, in the face of the express provisions of law which l just listened, tho gentleman will permit me to say that Judge Blatch- have read to yon, that the commissioner was to pay this rent and ford holds that the commissioner is not obliged to pay the expenses this clerk hire out of these fees, and not at his own proper cost, is of l1is office out of his allowance of $5,000. not the proper person to have the appointing power. We propose, Now, Mr. Speaker, a bill of such consequence aa this, coming before therefore, to take it from the circuit judges and give it to the Secre- us in a manner to me so entirely unexpected, and I suppose to the sur- tary of the Treasury. pri e of the House, demands far larger consideration than we are Mr. HURLBUT. I would ask the gentleman from West Virgini~ able now to give it. I know of one gentleman at least who has given what action the committee propose to take in reference to Duncan'# very special attention to the subject, and is desirous to speak upon Mr. HEREFORD. That is a matter we shall consider hereafter. IV--218 3474 CONGRE_SSIONAL RECORD-HOUSE. JUNE 1. Mr. HURLJ.;lUT. I hope so. So far as the sailors are concerned they are not interfered with by Mr. HEREFORD. But tha,t bas nothing to do with this bill. We this bill. I hear no complaint from my district from that class, al- propose right here, in order to stop these outmgeous diRpositions of though from t.hat district an enormous number of sailors aro sh ipped . the public money and to place it in the public Trea-sury, to rrivc the Formerly there were many impositions upon them; bnt that whole power of appointment to the Secretary of the Treaslll'y. These are system of imposition on sailors has been broken up, and gre:tt benefit the main objects of the bill and the main changes which it makes in has accrued to them; and I feel confident th:tt gr~at benefit will ac- the existing law. The bill, so far as regards the protection of the crue to all parties concerned in tllis matter by the passage of this sailors, does not change the law in one single mater:inl point. bill. Mr. SEELYE. I have no disposition to criticise the amendments 1\fr. DUNNELL. Mr. Speaker, I wish to occupy but a single mo- that are proposed. I have not had time to examine them. Certai rily ment of tho time of the House. The gent-leman from Ma sacbusetts the judgment of the gentlemen who have spoken and their col- [Mr. SEELYE] and the gentleman from Vir~inia. [Mr. GoODE] have leagues on the committee is entitled to every respect; but this much said that this bill has been sprung upon tne House, and that they should be said in reference to the remarks to which we h:we just ought to haYe time to examine into it and investigate it. If that listened, that while this commissioner ha-s carried on the office at an course were pursued with all the bills that come before the House for expense of '55,000 a year, he has done the work which under the old action, we should make very slow progress in le~slation. This bill system cost $250,000 a year. was reported, I might say, months ago, certainly many weeks ago, This, too, also, is to be said, that the precise question which the and waa made a special order. Everybody has bad presumptive no- chairma,n of the Committee on Commerce ha-s just brought up is ex- tice for at least five or six weeks that this bill would come up at some actly a question which was decided by Judge Blatchford. in New time for discussion and action. York the other day, a construction of the law which declared that I do not wish to enter into a discussion of the details of the bill. I the commissioner had acted in every respect as the law allowed him will simply say, as a member of the Committee on Commerce, that to act. thil3 bill has had a very careful examination. We had three or four One other 1·emark respecting the employment of his sons by this hearings upon the bill; it was carefully examined in all its parts, commissioner. It was necessary, when the commi ioner undt:rtook discussed, anu debated; and, if my recollection is coiTect, it is the to root out the terrible enormities which ha-d been practiced on our unanimous expression of the CommitteE> on Commerce. Certainly I seamen, that he should have men whom be could. trust abont him. can see uo good reason why we should po tpone action on the bill Here was a host of sharks and shysters ready to raid upon these sea- when the chief points of the bill have already been brought out in men, and he took his sons from the business in which they were engaged this discussion. and engaged at larger salaries and with far more prospects of success There is a change in the appointment of these commissioners, and and placed them in this office, and he took them because they were certainly the gentleman from Virginia [Mr. GOODE] ought to aR amended. thesp eJCcessi ve ~har~e~. Mr. O'NEILL. I ask the gentleman from New York [~1· . WARD] 1870. CONGRESSIONAL RECORD-HOUSE. 3475 to yield to me to offer an amendment to make the fee for ~ngaging a Mr. EDEN also, by unanimous consent, moved that the Committee crew fifty cents each and for discharging twenty-five cents each, and on War Claims be disch:;~>rged from the further consideration of the also to offer some other amendments. petition of Jolin C. Hawley, a.ud that the same berefened to the Com- 1\fr. RANDALL. 0 no; let us vote on the bill. mittee on Military Affairs. l\lr. WARD. I cannot yield for an amendment. The motion was agreed to. The previous question' was seconded and the main question or- Mr. Sll"GLETON, by unanimous consent, moved that the Commit- dered ; and under the operation thereof the bill, as amended, was tee on Appropriations be discharged from the further consideration ordoxed to be engrossed and read a third time ; and being engrossed, of the memorial of H. B. Rolfe, relating to an appropriation for the it was accordingly read the third time, and passed. extradition of William Johnson, and that the same be referred to the 1\ir. WARD moved to reconsider the vote by which the bill was Committee of Accounts. passed; and also moved that the mQtion to reconsider be laid on the The motion was agreed to. table. COMMITTEE ON EXPENDITURES ON PUBLIC BUILDINGS. The latter motion was agreed to. Mr. METCALFE, by unanimous consent, submitted the following JAMES CALER. resolution; which was referred to the Committee on Rules: The SPEAKER pro tentpore, by unanimous consent, ]aid before the creased .Resolved, That the Uommittee on Expenditures on tho Public :Buildings be in- by the addition of two members, to be appointed by the Speaker. House a letter from the Secretary of War, transmitting the papers in the case of James Caler, and a report thereon by the Engineer De- GEORGE A. ARMES. partment; which was referred to the Committee on Commerce. 1\Ir. GLOVER, by unanimous consent, from the Committee on Mili- LEAVE OF ABSENCE. tary Affairs, reported, as a substitute for House bill No. 906, o. bill (H. R. No. 3634) to authorize the restoration of George A. Armes to the By unanimous consent, leave of absence was granted Mr. l\IcDILL rank of captain; which was read a first and second time, referred to till next Monday on account of important business; to Mr. DOBBINS the Committee of the Whole on the Private Calendar, and the ac- for four days on account of important business; to Mr. TuRNEY for companying report ordered to be printed. four days; and to :Mr. BANKS for one week. . RECONSIDERATION OF REFERENCES. STF~"\ffiHIP SERVICE BETWEEN UNITED STATES AND BRAZIL. Mr. RANDALL. I move to reconsider the votes by which these Mr. ELLIS, by unanimous consent, introduced a bill (H. R. No. various bills, &c., have been referred and recommitted; and also 3630) to authorize the establishment of ocean mail-steamship service move that the mot; on to reconsider be laid on the "table. . between the United States and the Empire of Brazil; which was The latter motion was agreed to. rea.d a first and second time, referred to the Committee on the Post- OLD D011UNION STEAMSHIP COMPANY. Office and Post-Ro:tds, and ordered to be printed. 1\Ir. DUNNELL, by unanimous consent, from the Committee on PUBLIC GROUNDS L.~ CillCAGO. Commerce, reported back, with a favorable recommendation, the bill Mr. HARRISO~. by unanimous consent, reported from the Committee (H. R. No. 319A) for the relief of the Old Dominion Steamship Com- on Public Buildings and Grounds, as a substitute for Honse bill No. pany; and it was referred to the Committee of the \Vbole on the 2850,.a bill (H. R.No. 3631) to confirm to tho city of Chicago, Illinois, the Private Calendar, and the acco~panying report ordered to be printed. title to certain public lands; which was read a first and second time, CLAIM: OF WILLIAM WEBSTER IN NEW ZEA;LA.ND. recommitted, and, with the accompanying report, ordered to be printed. Mr. JIARRISO~. I enter a motion to reconsider the vote by which Mr. THOMPSON, by unanimous consent, submitted the following this bill has been recommitted. resolution; which was read, considered, and agreed to: Resolved, That the Secretary of State be direct~d, if not inconsistent with the CURRF..NCY. int~rests of the public service, to furnish the Honse copies of the correspondence Mr. TOWNSEND, of Pennsylva.nia, by tmanimous consent, reported between the State Department and the government of Great Britain in relation to from the Committee on Banking and Cnrrency, n.s a substitute for the sequestration of the lands and property in New Zealand claimed by William Webster, an American citizen, by purchase of the native chiefs of that country Hou e bill No. 3:)32, a bill (H. R. No. 3632) amendatory of the act en- before its cession to and occupation by the British government. titled "An act fixing the amount of United States notes, pt'Oviding for a redistribution of national-bank currency, and for other pur- Mr. MAcDOUGALL. I move that the House adjourn, but yield po es," approved June 20, 1874; which was read a first and second for a moment to the gentleman from Indiana, [1\fr. BAKER.] time, recommitted, and ordered to be printed. 1\IIr. BAKER, of Indiana. I ask unanimous consent to offer a reso- lution of inquiry asking information from the Secretary of the Treas- MILITARY WAGON-ROAD IN TERlliTORIES. ury. Mr. JOHN REILLY, by unani..ffious consent, from the Committee Mr. HOLMAN. I call for the regular order. on Military Affairs, reported ba-ck, with a recommendation that it The SPEAKER p1·o tempore. The regnla.r order is the motion to ad- pass, the bill (H. R. No. 180) for the location and construction of a journ. · military wagon-road from Green River City, Wyoming Territory, 11o The motion was agreed to; and accordingly (at five o'clock and fif- the Yellowstone National Park and to Fort Ellis, Montana Territory; teen minutes p.m.) the Honse a.djourned. which was referred to the Committee of the Whole on the state of the Union, and the accompanying report ordered to be printed. ADVERSE REPORTS. PETITIONS, ETC. Mr. JOHN REILLY also, from the same committee, reported back The following memorials, petitions, and other papers were presented adversely the bill (H. R. No. 480) for the relief of Patrick J. O'Rourke; at the Cler\{'s desk under the rule, and referred as stated: whic~ was laid on the table, and the accompanying report ordered to By 1\Ir. BURCHARD of Illinois : The petition of citizens of Wash- be pnoted. . ington City, to ha.ve refunded to them taxes paid for the construction He also, by unanimous consent, from the same committee, reported of a. pavement on I street, 'Vashington City, they having twice paid ba;ck adver.sely the ~ill (H. R. No. 1769) for the relief of George A. for said work, to the Committee for the District of Columbia. 1\i11ler ; which was latd on the table, and the accompanying report or- By Mr. DOUGLAS: The petition of J.D. Gressit, for compensation dered to be printed. for property destroyed by United States troops in 1863, to the Com- He also, from the same committee, reported back adversely the bill mittee on War Claims. (H. R. No. 2369) for the relief of John McCormick, late first lieuten- By Mr. ELLIS: The petition of A. L. H. Crenshaw, for compens~r ant of volunteers, United States Army; which was laid on the table tion for property taken by the United States authorities, to the same and the accompanying report ordered to be printed. ' committee. By 1\Ir. FINLEY: The petition' of John Van Riswick ·a.nd others, AMENDMENT OF RE~JSED STATUTES. for the imprc...-ement of the channel of the Potomac, to th,e Commit- Mr. PARSONS, by unanimous consent, introduced a bill (H. n. No. tee on Commerce. 3633) to amend chapter 5 of title 15 of the Revised Statutes; which By .Mr. PIPER: The petition of Calhoun Benham, for compensatio~ was read a first and second time, referred to the Committee on Naval for professional services rendered rela.tive to the marine hospital ~t .Affairs, and ordered to be printed. San Francisco, California, to the Committee on the Judiciary . By Mr. SAVAGE: Papers relating to the case of T. Worthington, CHANGES OF REFERENCE. to the Committee on Expenditures in the Treasury Department. Mr. EDEN, by unanimous consent, moved that the Committee on By Mr. \VALKER, of New York: The petition of Arcalous Wyckoff, War Claims be discharged from the further consideration of ·the bill for an extension of a patent for an improved boring-machine, to the (H. R. No. 3538) for the relief of Joseph Hartman, and moved that Committee on Patents. the same be referred to the Committee of Claims. By Mr. WALLACE, of Pennsylvania: Petitions for the acknowl- The motion was agreed to. edgment of God and Christianity in the Constitution of the United Mr. EDEN :tlso, by unanimous consent, moved that the Committee States, si~ued · by 4,202 citizens ofPenn.sylvania, to the Committee on on War Claims be discharged from the further consideration of the the J udiC1ary. uill (H. R. ~o. 3539).granting a pension to Margaret Cahill, widow of By Mr. WALLACE, of South Carolina: The petition of J. L. Young, James CaJnll, of Umted States Cavalry, and moved that the same be for compensation for carrying the mail over the Union and Spartan- referred to the Committee on Invalid Pensions. burgh Railroad, South Ca.rolina, in 1860 and 18tH, to the Committee Tho motion was agree.d to. of Claims. 3476 CONGRESSIONAL RECORD-SENATE. JUNE 2, IN SENATE. The next n,mendment was to insert at the end of the sixth section the following : FRIDAY, June 2, 1876. But the term of the circuit court for said (listrict to be held at Parkersbur"'h on the first Monday of August1 1876, shall be held at that time. " Ptayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. The amendment was agreed to. . The Journal of ye&terday's proceedings was read and approved. The bil1 was reported to the Senate as amended, and the a,mentl- PETITIONS AND ?tfEMORIALS. ments were concurred in. \1r. CONKLING presented the petition of .A.rcalous Wyckoff, of third The bill was ordered to be engrossed for a third reading, read the Elmira, New York, praying for t he paosage of a law authorizing the time, and passed. BILL~ INTRODUCED. Commissioner of P atent s to bear and determine his application for an extension of his letters-patent for an improved boring-machine; ~· P.A.ITERSqN asked, and by unanimous consent obtained, leave which was referred to the Committee on Patents. to mtroduce a bill (S. No. 891) for the relief of Robert Small· Mlk ROBERTSON present.ed two memorials of citizens of South which was read twice by its title, referred to the Committee onNavai Carolina, remo"nstrating against the ratification of t.hat portion of the Affairs, and ordered to be printed. treaty with the Hawaiian government admitting the importat ion of Mr. FRELINGHUYSEN (by request) asked, .and by unanimous con- 1·ice into the United States free of duty; which were referred to the aent obtained, leav~ to introdu~e a. bill (S. No. A92) to !3ncourage and Committee on Foreign Relations. pro.mote telegrapJ;uc co?Im~mcatw:n between .A.me;nca and Asia; which was read tWice by Its title, referred to the Committee on Foreign WILLIAM H. NESSLE. Relations, and ordered to be printed. Mr. SHERMAN. Upon the recommendation of the Committee on WITHDRAWAL OF PAPERS. Claims, the bi11 (H. R. No. 37) for the relief of 'Villiam H. Nessie was in- On motion of :Mr. CAMERON, of Wisconsin, it was t1efinitely postponed the other day. I have papersrelating to the claim which I will furnish to the committee. These additional papers cover from Ordered, That. W. H. Dempsey have leave to withdraw his petition and papers the files of the Senate. the point of objection made by the committee, I am told. I move that the action of the Senate indefinitely postponins the bill be recon- PUBLICATION OF DISTRICT TAX-LIST. sidered, a,nd that it be recommitted to the Corrumttee on Claims with Mr. EATON submitted the following resolution; which was con- the additional papers. sidered by unanimous consent, and agreed to: The motion was agreed to. RP.solved, That the commissioners of the District of Colombia. be and they are hereby, directed to furnish the Senate wit,h a copy of the contnwt entered into REPORTS OF COMMITTEES. with the National Republican ·newspaper for the publication of the list of delin- quent tax-payers for the present year and inform the Senate whether the collector Mr. WRIGHT, from the Committee on Claims, to whom was re- of taxes of said District has charged delinquent tax. payers for the Jmblicatiou of ferred the petition of Michael Mayers, ot Sebastian, Arkansas, pray- ~h~~~! ta:b~:~s do:n~e price paid said newspaper; and, if so, by what authority ing compensation for drugs and medicines furnished the Army of the United States during the late war, submitted an adverse report .AMEND~!ENTS TO APPROPRI.ATION BILL. thereon; which was agreed to, and ordered to be printed. He also, from the same committee, to whom was referred the peti- Mr. CHRISTIANCY and Mr. HOWE submitted amendments in- tion of John S. Logan and W. L. Shadwick, of Missouri, asking for tended t.o be proposed by them to the bill (H. R. No. 2571) makinl7 the payment of the sum of $1,000 advanced by the Western Bank of appropriations for the legisbtive, executive, and judicial expenses roceeded to consider the bill (H. R. No.1400) authorizing the tired, to t.he rank of captain of infantry, as held by him December 31, residents and property-owners of Neville Township, county of Alle- 1870, and to place his name upon tho retired-list of the Army as of the ~heny, and State of Pennsylvania, to close the channel of the Ohio rank he held at that date. River on the south side of Neville Island bv the construction of au The bill was reported from the Committee on Military Affairs with embankment or causeway from the head of usaid island to the south- an amendment in line 4, to strike out the word "dll:ected" and insert ern shore of said river. It provides t.hat the Government of the United the word "authorized." States shall not be liable for any expenses incurred in the perform- The amendment was agreed to . . ance of the work or by reason thereof. The bill was reported to the Senate as amended, and the amend- Mr. SHERMAN. Where is thisf ment was concurred in. Mr. BAYARD. This is a small island in the river Ohio upon the The amendment wa-s ordered t-o be engrossed, and the bill to be read border of the county of Alle~heny, in the State of Pennsylvania. The a third time. owners of the island are residents of the State of Peimsylva.nia, and The bill was read the third time, and passed. are separated from their county and State by a branch of the riYer JOH...~ T. KING A....'m L. B. CUTLER. that runs between the mainland :m.d the island. Upon their petition Mr. MORRILL, of Vermont. Imoveto take up the bill (S.No.872) that they might be allowed to have access to the mainland of their for the relief of the family of the late John T. King and of L . B. Cut- State and county by means of a causeway thrown across this branch, ler. the matter was referred to the Chief of Engineers, General Humphreys. The motion was agreed to ; and the bill was read the second time He in turn committed it to Colonel Merrill, the engineer in charge, and considered as in Committee of the Whole. who bas reported that this work will be no disadvantage whatever The preamble recites that John T. Kin~, lately employed as a car- to travel upon the Ohio River, but will be an enormous convenience penter and cabinet-maker about the Capitol, while in the discharge to the parties owning this small island. It is a small branch of the of his duties, was killed by an explosion of (jas in the closet under river, and this causeway will not in any way affect the navigation of the eastern stairway of the Senat-e, leaving a wife, three children, the Ohio. two grandchildren, and a mother-in-law without any mea.n8 of sup- Mr. SHERMAN. I have no objection to the bill if it does not in- port; and that L. B. Cutler, principal assistant in the folding-room terfere with the navjgation of the river. of the Senate, was so injured, at the same time ancl under the same The bill was reported to the Senate without amendment, ordered to circumstances, as to be disabled for life, having a wife without means a third reading, read the third time, and passed. of support, and a mother to whose support be has partly contributed. CLAIMS OF SOUTHERN RAILROADS. The bill therefore appropriates the suih of $3,000 for t.he aid and sup- Mr. GORDON. I move that the Senate proceecl to the considera- port of the family of the late John T . King, and the further sum of tion of the bill (S. No. 177) to authorize the Secretary of War to ad- $3,000 for the aiel and support of L. B. Cutler, to be paid to the Sec- just and settle claims of the State of Georgia against the Government retary of the Interior in trnst for the above-mentioned purposes, who on account of t.he Western and Atlantic Railroad. may, at his discretion, pay the same to the respective parties in an- Mr. INGALLS. Before the Senate proceeds to the consideration of nual installments, or all in one payment, or invest the same for their the bill I would ask the Senator from Georgia if this is the bill upon benefit, as be may think most expetliept. And a further sum equal ~hich the Senator from Vermf)nt [Mr. ED fUNDS] requested informa- to the amount of the previous regular compensation of King antl twn from the Secretary ofWar; and if so, whether that information Cutler from the 19th of May to the 30th of Jtme, inclusive, is appro- bas been received and laid before the Senate 7 priated, to be expended immediately by the Secretary of the Inte1·ior Mr. GORDON. Yes, sir; and the report has been here for nearly a in the manner before stated. month, I think. :Mr. MORRILL, of Vermont. Mr. King was about fifty years of Mr. INGALLS. Has it been printed f age, and a carpenter and cabinet-maker of the first class. He bas Mr. GORDON. It has been in print since the 4th of May. left a family of four children, three of whom were dependent upon Mr. SHERMAN rose. him for support, and two grandchildren and a mother-in-law, seven Mr. GORDON. If the Senator from Ohio will allow me one mo- in all. The other party, chief assistant in the folding-room, is L. B. I:lent; it will be remembered that I gave way time and again to al- Cutler, who is about forty years of age, with a wife and no children, low abundant time for this information, and I trust that now the but a mother who has partly been dependent upon him. He is very bill will receive consideration. much disabled ; I understand will be so for life ; that is, his hands Mr. SHERMAN. I was about to submit to t.he Senator from Georgia will be bent up so that it will be impossible for him to perform mah- whether it would not be right to wait until the Senator from Vermont uallabor of any sort. returns Y It was announced that he would be absent two or three Under the circumstances the Committee on Public Buildings and days. I am informed that he is in New York. Perhaps the time baa Grounds, by which the resolution directing them to consider andre- already expired when his return was expected. I have no knowledge port, by bill or otherwise, upon this subject has been considereu, con- of the contents of the bill; but I think as the Senator from Vermont cluded, as there were so many dependent parties interested, that it gave it attention we ought at least t-o wait until be returns. would be better to appropriate a specific sum and leave it in trust in 'l'he PRESIDENT pro tempm·e. Is there objection to the present ~he bands of some proper person to be distributed, either in purchae- cousideration of the bill f mg a home, or paid out for the use and benetit of the family in an- Mr. SHERMAN. I object until the Senat-or from Vermont returns. nual installments as it might seem best, or that it might be invested Mr. GORDON. I will only say that while I think some considera- in United States funds, so as to allow them te have an annual in..'!tall- tion is due me in the matter, I also recognize the posi.tion taken by ment for their use and benefit, as the Secretary of the Interior should the Senator from Ohio, and I am perfectly willincr that the bill should deem proper. 0 lie over, provided it can be understood by th(} Senate that at the While I am up I desire to say that the accident was not perhaps very earliest moment I shall have it considered. I do not want to the fault of these men who were engaged at the time in this closet, press the bill, in the absence of the Senator from Vermont ; but I can and certainly was not the fault of the engineer in charge of the Sen- s~e n_o good reason, Im~st confess, for delay, as the whole informa.- ate gas-fixtures. It is supposed to have been caused by some person twn 18 here and everytbmg connected with tho bill, both the report who left t~e room with the burner partly open: which permitted the of the Secretary of War and the report of the Quartermaster-General. upper portiOn of the closet to be filled with ga-s, and when the proper . The ~RESIDENT pro tempore. The Senator from Georgia defers explosive mixture had been made of the gas and all:, upon lighting his motiOn to proceed to the consideration of the bill. the ga.<; it exploded. That it arose from this cause is quite evident, because there has been no leakage there of the gas-pipes since, and PORT OF APPR,USAL AT SAINT PAUL, 1\IINN.ESOTA. all that has been done has been to take off the bracket. It is sup- ~r. McMIL~A.N. I move that the Senate proceed to the consider- posed that some party using the closet the day before or early that atwn of the bill (S. No. 4~3) estaulishing the port of Saint Paul, Min- morning, in turning off the gas turned it too far or left it burning, nesota, as a port of appr~usal. and the closing of the door extinguished the flame, and afterward The motion was agreed to; and the Senate, as in Committee of the there was an escape of gas, so that when the burner came to be \Vhole, p~~ceederl to. the ?onsideration <_>f .t.ho bill. It provides that lighted again it caused the explosion. the proVIswns cont:uned In, ani the pnvileges accorded by, sections I think under the c·rcumstauces, cousldering that these men left 3478 CONGRESSIONAL RECORD-SENATE. JUNE 2, their families entirely destitute, there will be no hesitn,tion on the upon the recommendation of the Secretary of the Treasury, to cause part of the Senate to make this appropriation. snch settlements to be made as may be necessary from time to time The bill was reported to the Senate without amendment. for the proper and speedy adjustment of the accounts of the Treasurer Mr. MORRILL, of Vermont. I move that the words "use and" be of the United S~a~es and of United Sta~s disbursing officers, agents, inserted in the eleventh line before "benefit;" so as to read ''for their and clerks, cred1tin~ any of these parties from the appropriation for use and benefit." "losses by default, which is hereby created, with the amount or The amendment wa~ agreed to. a.mounts of any deficiency which may have arisen in their respective The bill was ordered to be engrossed for a third reading, read the acc~_>unts from the ~ailure of any _assistant treasurer, designated or third time, and passed unanimously. natwnal-bank deposrtaryof the Umted States to pay over, asrequ.irecl JUDSOX S. POST. by law, the amount of public moneys deposited therewith for safe- 1\:Ir. COCKRELL. I ask for the·present consideration of Senate bill keeping and disbursement, and charging such amount or amounts to No. 770, for the re1ief of Judson S. Post, of Missouri, which was re- the defaulting assistant treasurer, designated or national-bank depost- ported favorably from the Committee on Claims, and is for a very tary on account of the appropriation. All payments made by such de- just claim. faulting parties, and all sums recovered from them or their sureties on There being no objection, the bill (S. No. 770) for the relief of Jud- this account, are to be paid into the Treasury and carried by warrant son S. Post, of Missouri, late disbursing officer of the United States to the respective credits of the pt~rties defaulting and to the credit of Navy, was considered as in Committee of the Whole. It is a direc- the appropriation hereby created. tion to the Secretary of the Treasury to refund to Judson S. Post, late Mr. BOUTWE.L L. I move to amend in the tenth line by insertin()' a disbursin~ officer of the United States Navy, 20'4.59, being the the word "postmasters" after "disbursing officer~:~." o amount of mterest on a principal amounting to 450.24, and which The amendment -was agreed to. latter amount was a portion of $784.14, claimed to have been due from Tho bill was reported to the Senate as amended, and the amend- him to the United States, and paid by him upon the final settlement ment was agreed to. of his accounts as a diRbursing officer of the United States Navy; :md The bill was ordered to be engrossed for a t.hird rea-din()', read the upon which sum of $450.24 he also paid interest to the United States, third time, and passed. o amounting to $202.59. F. M. BLOUNT. ' The committee proposed to amend the bill in line 21 by striking 1\fr. LOGAN. I move to take up House bill No. 915. out the word "be" and inserting "he." The motion was agreed to; :mel the bill (H. R. No. 915) for there- The amendment was agreed to. lief of F. 1\f. Blount, of Chicago, Illinois, was considered as in Com- 1\:Ir. SHERMAl~. I call for the :reading of the report. mitte~ of the Whole. It proyides for the payment to F. M. Blount, a :Mr. COCKRELL. I can state in a moment all there is in the re- clerk m the office of the as8Istant treasurer of the United States at port. Judson S. Post was a paymaster ; and after he resigned and C_hic~go, Illinois, of $500, to re-~burse him for a like sum paid by left the service, a claim was presented against him by the Treasury hrm mto the Tre:tSury of the Umted States out of his own private Department. Suits were threatened, and he paid the amoimt claimed means, and so paid by him to make good a loss to the Treasury caused with interest, not having his accounts to refer to. When he got his ac- by his having taken, in the discharge of his duties as such' clerk, a counts, he went to the Treasury Department, made a settlement, and counterfeit ·500 United States Trea.~ury note. they found that he had already paid that amount which they had The bill was reported to the Senate without amendment, onlered claimed. They paid him back the principal which he had paid, but to a third reading, read the third time, and passed. the interest which he had paid on that was co-vered into the Treas- NOTARIES PUBLIC. ury, anrl it takes an act of Congress to get U out. There is a letter of the Secretary of the Treasury which explains tbe matter fully. :Mr. CONKLING. I ask the Senate to consider House bill No. 1803 Mr. SHERMAN. ·when a man pays over money voluntarily under in reference to notaries public. . the threat of a lawsuit, be ought not under the common principles of There being no objection, the bill (H. R. No. 180:3) to provide for the law to be paid at all, because the presumption of the law is that he appointment of commissioners for taking affidavits, and so forth for would not pay unless it was due; and the threat of a lawsuit is not the courts of the United States, was considered as in Committ~e of a legal compulsion. That is not eitlier the act of God or of a. public the Whole. enemy that would justify him in paying over money illegaJ.ly; and ·~h~ Committee on the Ju~iciary propo e_u ~o amend the bill by certainly we ought not to pay interest on that interest. strikmg out all after the ennctmg clause and m hen thereof inserting : Mr. COCKRELL. He is not asking for interest on interest ; he is That notaries public of the severn! States, TerritoriPs, and tbe District of Co- only asking for t.he interest which he paid on what tlte Government lumbia. be, nnd they are hereby, anthodzed to take depositions and do all oilier acta claimed, and which l.Jo dicl not owe; he paid interest to tho Govern- in relation to ta-king testimon.v to be used in the courts of tbe Unite(l StateA. take acknowleugments !Uld affidavit.s, in the same manner ancl with the same ctf~ct as ment; and aaks it b~ck. commissioners of the Ynited States circuit coru·t may now lawfully t..1ke or do. Mr. SHERMAN. I should like to hear the report of the commit- tee; it seems to me we are setting a dangerous example. The amendment was agreed to. The Chief Clerk read tho following report, submitted by 1\:Ir. CAPER- The bill was reported to the Senate as amended, and the amend- TO:N from t.he Committee on Claims on the 26th of April last: ment was concurred in. The Committee on Claims, to whom was referred, with accompanying papers, the The amendment was ordered to bo engrossed and the bill to be read bill (S. No. 770) for the relief of Judson S. Post, l:J.te disbursing oflicerof the United a. t.hird time. · States Navy, having had the sa.me under uonsidemtion, subwit the following ro- The bill was read the thirii time, and passed. port: · On motion of Mr. CONKLING, the title was amended so as to read: It a~pea.rs from the papers in the case that on the final settlement of the accounts of cl:umant, as disbmTJng officer. of the United States Navy, he was charged with, A bill to authorize notaries public to take rL.ffidavits and the like in nnd compelled to pay, the sum of $-:-;: -1.14 as principal and :l52.84 as interest on the the courts of the United States. same b·om the 8th of Avril, 1868, at the rate of 6 per cent. por annum. On subsequent investigation it waa found by tbe D epartment that of this prin- SWAMP A...."'D OVER.l!'LOWED L.Al\""DS IN FLORIDA. cipal sum of $7 •.A.l4, $450.24 bad been wrongfully charged against claimant, aml Mr. JONES, of Florida.. I move for the consideration of Senate that amount was refunded to him; but his applicn.tion for r epayment of tho inter- bill No. 49. · est already pai.cl into the Treasury by cln.imant, amounting to $202.5!1, was rejected, Tl.Je motion was agreed to; and the bill (S. No. 49) to confirm to the for the re..'\Son that saiid Commitlsionermay require the governor of said State to furnish :uliliti.onal endence with respect to the character of saill Mr. SHERMAN. I o:fl'er the following resolution, which I think lands before ce1-tif.ring tho ~arne as aforesaid. will meet the general acceptance of the Senate: SEc. 3. That in such town hips in the Stat-e of Florida as are notoriously swamp Resolved, That there be paid out of the contingent fund to Wilbur F. McDaniels, or overfi.owecl, or where satisfactory evidence sba.ll ue furnished to the Commis- a page of the Senate, seriously hurt while in the employ of the Senate, the amount sioner of the General Land Office that snch townships are entirely swamp and over- of his pay during the residue of this session. ftowetl, it shall not lle necessary to subdivide such townships, but to run only the exterior lines; and where large quant.ities of lanr~ are notoriously swamp or over- The resolution wa.s considereu by unanimous consent, and agreed fi.owed, or are shown to lle snell by satisfactory evidence as a.fon·said, the Commis- si_oner may direct ~e S';Irveyor- gene~ to .make segregation survP.ys thereof, run· to unanimously. nmg only the extenor lines, upon application to tho surveyor-general by tile gover· ADJUS'rnfENT OF ACCOUNTS. not· of said State. Aml when surveys nre ma. ~ Sixth Auditor ....•......••.......••..•••••...•.•••.•••.. 233 216 233 . ~ H Treasurer .... . . ..•.....•.•.••...•.•...••••••.••..•••..•. Division of Loans ..... . ....•..•••..••.••••..•••••..••. 138 217 107 161 116 197 Compensation and mileage, ~deemin g National Currency .••..•..•••.....•••...•. 152 114 114 R'ffi!~fo~fo}h:Lo~O:~: ::::::::::::::::::::::::::::::: Senators . .... . ............ . $400,000 00 $363, 000 00 $400,000 00 $37, 000 00 55 39 4!) Officers and emyloyes of Sen- 153 105 117 ate .•.............. . .. .. ... . 146, 268 80 100,050 00 161,682 80 61,632 80 Comptroll~r of th~ Currency .....•••••.•••.•••••.•••.••. 95 65 82 Contin~ent ID.--penses, Senate 143, 640 00 72, 690 00 82,618 00 9, 928 00 Re-;-:.;~~--:~-:.;}l~:~~-i:~:i~:::: 10 3 3 Number of accounts settled to each employe. 90 144 147 115 137 Number of letters received to each employe .. 2l0 673 30 25 30 Number of lett~rs written t{) each employe .. 333 746 169 1~8 179 <.:ost per account ........................... . $16 34 $9 68 20 16 20 TBffiD AUDITOR'S OF:nCE. bhi.!f~~tir~~::e~:::::::::: :::::::::::::::::::::::::::: 59 39 52 22 18 20 Total War Department ........................... . ---- 716 ---- 572 --- 762 Number of accounts settled ................ .. Amount involved ............. : ............ .. 2, 30~ $14, 591, 8l5 00 19, 138 $53, 418, 828 50 ---- ------ ------ Number of employes ....................... . 61 17J NAVY DEP.ARTMEl\T. Expenses ................................. .. $00, 9-JO 00 237,000 00 Average salary of each clerk .............. .. I, 490 82 1, 3 12 !:{ .A.verage amount settled by each clerk .. .... . 23!.1, 210 00 308,779 30 ~:.r~ri~~:b:nf~7c·k~:::·.:::::::::::::::::::::::::::: ~ 1 ~ ~ Number of accounts set.tleU. by each clerk ... . 3!)! lll 5-!J ~q~pm~nt and Recruiting .... .. .. .. . . . ... .. .. .. 9 9 9 .A.verage cost per account .................. .. $33 00 12 30 ~:~~~~-~:::::::::::::::::::::: -.::::::::::::::: ~ ~ ~ FOURTH AUDITOR'S OFFICE. Construction and Repair .. • . • . . . . • .. .. . .. .. .. .. . 9 7 9 N nm her of a-ccounts adjusted .. . . .. . .. . • .. .. 320 1, 111 ~o;ls!~f::~~~~g::::::::::::::::::::::::: 1~ ~ 1~ Number of voucllers embraced in same . . . . . . Amount involved . . . . . . . . . . . . . . . . . . . . . . . • . . . 58, O!ld $17, 442, 757 43 189, 4::il i42, 109, 1as Gl Medicine and Surgery....... .. . . . . .. . . . .. .. • .. .. 4 2 4 Number of prize-claims settled .. . . . .. .. .. . . . ................ . 2,84!l M~~i~K ~~;e~~ed~~~~- ~~~~~~~ 0~~ .. -. 0. 0.-. 0--.--- .. 1, 500 ~~~;~ ~~~~~~~~~~~::::::~:::~~~::~:::: : :_: :::::: J~ Pension Office . .. .. .. .. . .. . . . . .. . .. . . . . .. .. .. . .. .. . .. .. .. 3ti5 li~ 270 2!~ 3G5 Certificates of service furnished Commis- sioner of Pensions . . .. .. . . . . .. • .. .. .. .. • .. . .. .............. .. Number of pay requisitions entered ..•...... 780 a4o 1, 9J Indian Office . . .. .. . .. . .. .. .. .. .. . . . .. . . . .. . . . .. .. .. .. . . . 51 5l .A.m01mt ......... . .......................... . 11, 856, 201 !l8 26, 498, 130 30 Patent Office............................................ 335 294 335 Number of refunding requisitions ........•.. 115 2l8 Bureau of Education .. .. .. . . . . .. .. .. .. .. . . . .. .. .. .. .. • .. 13 11 13 Amount . ........................ . ....•..... . 3:.l6, 608 00 $4, 697, 428 00 Number of allotments recristered . .......... . 1, 867 1, 4:!8 Total Interior Department . . . . . . . . . . . . . . . . . . • . . . . . 1, 039 1 -----sol 1, 029 Number of letters received :md registered .. . Number of letters written ................. . 5, 252 5, 673 17,3. 21, 8.>1 POST-OFFICE DEPART.MENT. Number of clerks emp\oyed ..........•...... 15 43 ExpenseS .................................. .. $27,740 00 $78,328 25 Post-Office Departmont ................................. . 308 374 FIFTH AUDITOR'S OFFICE. DEP.ARTMlli'liT OF .JUSTICE. Number of accounts adjusted ..............·.. 1,347 11, G97 Attorney-Generol's Office .............................. .. 34 29 32 Number of clerksemployed ................. . 8 33 Solicitor of the Treasury ............................... . 16 13 16 Expenses ................................... . $17,840 00 52,400 00 Cost per settlement ....................... .. 1,324 4 4d Total pepartment of .rustice ..................... . 50 42 4d OFFICE OF COMMISSIONER OF CUSTOMS. DEPARTMEl'I'T OF AGRICULTURE. Receipts ...... . ...................... ~------- $53,166, 7;28 09 $159, 117,443 81 Department of .Agriculture.................. . ........... 59 56 59 Disbursements....... . . . . . • . . . . . • .. . . . • . .. . . . 6, 542 912 67 1!!, 726,337 8 l Letters written . . . . .. . .. . .. .. • • . . .. .. . .. .. . . . 5, 426 12, 34.) Total number of employes*...... .. .. .. • .. . . . . • .. .. 5, 308 4, 105 4, 990 Letters received ........ ~ ....... :............ Letters recorded ...... . . . . .. • .. . . .. .. • . • • .. .. 3,683 5, 426 10, sa~ 1o, :.na Returns received and examined....... . .. . . . . .. .............. .. 10,824 k Reduction made by Honse, 22.6 per cent.; reduction made by Senate commit- Number of oaths registered . ..... .. .......................... .. 5, 84l t ee, 6 per cent. Number of appointments registered ...... ·... . ...••....••...... 5,600 Numberof clerks employed................. ll \!!) The committee have come to the conclusion, resting on the jndg- Expen.t~es .. .. • . .. • . . .. . .. .. .. • • .. .. • • .. . .. . .. $20, 440 00 $15,420 07 ment of the Departments and the information from the Departments, :nRST COMPTROLLER'S OFFICE. that as low as the public service can go is a rednction of between 6 ancl 7 per cent., which is a numerical reduction of three hundred and .A.cco~~ revised and balances recorded ..••. 7,580 21,5.13 ReqWSJtions ............................... .. 1,116 4, 4J:) eighteen. Wan-ants entered and posted ............... . 17, 02-~ 4, 407 Mr. Pret!iclent, we are now several years from the close of the war, Letters written, &c ..........••....•• . ....... 3, 7J2 12,232 nnd it is a marvel in the eyes of some people that the public service Internal-revenue tax-lists received ancl en- is utili so large ::tS it is; but we ought uot to forget that althon~h tered . ............................. . ....... ................. . 2, 715 Internal-revenue reports copied, &c . ......... ................. . ;l, 558 ,Pace bas come, although the armies ha.ve clisbanrled, we are sttll Powers of attorney e.xamineU. ami entered. . . 6a 1, 527 dealing with the consequences of the war. The incidents of the war Expenses.................................... $'28, 201 00 $73, 76d 00 are still with us and still felt in these Departments. Now to the end that the Senate may see precisely whether this force is all employed, REGISTER'S OFFICE. I have procured tables which I think will tend very strongly to show Certifi.cat~ of registry recorded .•.•.•......• 2, 7:18 2,608 that the force they ha.ve in these Departments is no greater than is Emoluments recorded . ....•..••.• ... ...• .. .. 7, 269 .7, ~!)6 needed. Hero is a comparative statement of work performed in the Statements of tonnage published .....•.....• 7 26 16, 376 47,979 several Bureaus of the Treasury Dep:utment specified-which I will send to the Chair and would be glad to have go into the RECORD-in if!£r~~f:~~!~r~: :: ~ :~:::: ~ ~:::::::.::::: 1:3, 852 4!), Q.J6 1, 70!) 4, 558 these Departments and several Bureaus and Divisions as compared ~~~1~!t~c£o~n::t.tl~~:~ P:l~co~i; : ::::: 3, 4·.H I 14, 97:! ~th a year previous to tho year 18tH. Accounts rccei ved . ...... . .................. . 14, 111 ~3. 5.38 1876. CONGRESSIONAL RECORD-SENATE. 3483 Compm·ative statement of wm·k performed in tlie several Bureaus of the Statement of the di-sbm·sements of the United States G01;ernment for the Treasury Depa1·trnent, g-c.-Continued. fiscal years 1859 and 1875-Continued. 1 -----1-~--------:-----1-87_5_.____ 1859. 1875. 1 Division receipts and expentUtures: 1 Tre:l8ury Department-Secretary's Office . . . . . . . . . . . $47, 884 36 $476.698 97 l edg~r ~eadings .......................... .. 1, 213 3, 305 First Comptroller........... 27, 751 38 72,454 75 e-:Jtnes m ledgers ........................ - ~ 26,120 66, 6G1 Second Comptroller... . . . . . . 26, 840 00 110,926 97 L ed;!()r accounts. loan division .............. . 1, 500 40, 000 First .Auditor...... . .. .. .. . . 35, 940 00 72,908 81 Number of employes ...................... .. 37 *208 Second .Auditor............. 35,366 87 266,583 02 ..Aserage salary of each employe ............ . $1,397 00 1,176 00 Third .Auditor.............. 132, 650 9:l 246,801 97 Fourth .Auditor............. 26,801 99 77,697 46 Fifth .Auditor............... 17,82!> 33 51,304 83 * Two Iart!:e divisions of the office (note and coupon, and note and fractional cur- Sixth .Auditor . . . . . . . . . . . . . . 172, 196 19 299,620 00 rency) wero not established in 1860. Supervising .Architect ...... --·-·· ........ . 31,423 51 Trea.surer . .. .. . . .. .. . .. .. .. 27, 340 00 414,361 44 Register .. .. . .. .. . .. . . . .. .. . 51, 777 48 243,337 50 Having read some of the items-.- Solicitor ............ : .. . ... . 17, 140 00 Mr. MORRILL, of :Maine. Perhaps that will suffice. ()ommissioner of Customs.. . 20,440 00 49, 159 02 Whoever takes pains to examine this table will be astonished, I Comptroller of Currency.... . . . . . . . . . . . . . . 134, 764 01 think, at the disparity in the work and the service of these years. Light-House Board......... . 9, 240 00 14,201 91 Going back to the year 1860, the work in these Departments was com- :~g;~~:i~:t~:B!1l&;i~ : ·····i7;4oo ·oo ..... ~·- ~~. ~ paratively nominal. Coming to 1875, it is immense. In 1860 in the miscellaneous salaries ......· .. .. .. . . . . . . . . 88, 143 70 First Auditor's Office there were nineteen hundred and eighty-one Department of Justice........... ...... ...... ...... 15,239 61 116, 355 78 subjects examined against seven thousand and sixty-five in 1875. In Commissioner of .Agriculture ..................................... . 77,059 12 Commissioner of Internal Revenue ................................ . 335,166 80 1860 the accounts involved · 157,000,000, against "'1,144,000,000 in 1875. Bureau of Statistics . ............................... ... .......... .. . 59,403 23 The expenses in that Bureau for 1860 were $42,340; in 1875, $76,780; Post-Office Department . .. . . . . .. • . • . . . . . . . . . . . . . . . . . 15fl, 595 00 446,612 39 whereas the work performed is more than fourfold, and with this rel- War Department . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . • . . . 124, 917 13 1, 018, 9{)3 17 ative expense: in 1860, $4.10 per account, as against $3.06 in 1875. Navy D epartment.. ................................ 97.879 41 121,735 20 l nterior Department . . . . . . . . . . . .. . . . . .. . .. . • . . . . . . . . 585, 019 87 1, 314, 388 15 That is true of the entire service in this Department, as I believe. Miscellaneous and contingent expenses...... . . . . . . . 339, 309 42 613,467 73 This is the Trea.sury Department I am speaking of, and it illustrates this general fact, that the civil service as it exists to-day numerically Total .Executive ....... .............. ......... 2, 091,199 43 6, 948,217 74 is justified by the work done and by the demands of the public serv- JUDICIARY. ice for labor to be performed. Tile impression is abroad 1mdoubtedly in the country that the serv- Compensation . .. .. . .. .. .. .. .. .. . • .. .. • .. .. .. . . .. .. . 239, 058 81 391, 002 40 ice might be greatly reunced and that it is really excessive and ex- Expenses' of United States courts.................. . 1, 019,345 77 3, 322, 182 27 travagant. When we look at the figures and see, for instance, that Total judiciary ....... -........... . .......... . 1, 258,404 58 3, 713,184 6_7 in 1860 the ordinary civil expenses of the Government are said to have been $69,000,000, and whtm last year we know that they were MISCELLANEOUS CIVIL. $274,000,000, it puts every intelligent man, of course, upon his inquiry whence this disparity t I present the tables which will explain it. Territorial governments........................... . 177,737 66 247,194 53 ~!~~1.~3~~~~~~:: :::::::::::::::::::::::::::: 38,800 00 365,220 20 It most be remembered that we have passed through since 1860 a 91,210 68 611, 879 89 very extraordinary period in our history requiring a very great ex- Inspection of steam-vessels........................ .. 81,442 33 212,392 02 penditure of money. These tables which I hold in my hand institute Mints and a.ssayoffices ............................. . 141.851 48 164,228 01 a comparison of expenditures for the years 1859 and 1875. In 1859 t-he Total miscellaneous civiL .............. , .. ··--1 1-----------1 531,042 15 ----------- j, 600, 914 65 expenditures were $68,984,690.09; in 1875 t:Q.ey were $274,623,392.84; making a difference it will be seen of $205,638,702.75. It will be seen Total civil ................................... . !), 235, 638 1l 16, 830, 398 18 that t.he business of the committee is to account for that two hun- FOREIGN INTERCOURSE. dred and five and odd million dollars which is in excess of the serv- ice of 1~59. That is accounted for in this way: Three constituent Diplomatic salaries ................................ . 327,132 66 319,379 68 elements enter into it: first, the war and the expenses incident to the Consular salaries............... . ................... . 316,132 21 462,861 43 war; second, the natural growth of the service througll the natural Contingencies of Cl'flsulates....................... .. 95,366 li2 159,518 98 Relief and protection of .American seamen ......... . 210,125 39 35,099 21 growth of the country; and third, that new service which has been Rescuing seamen from shipwreck ................. ;. 10,000 00 1, 896 56 ingrafteu upon the public service since 1859 and 1860. Survey of boundary between United States an.d Brit- This increase ~ill be found in the expenses of Congress; the ex- ish possessions..... . .. .. .. .. . .... .. . .. .. .. .. .. .. . 71, 000 00 39, 865 00 ecutive; the judiciary; miscellaneous civil; t.he foreign intercourse; .American and Mexican claims commission .....•.................. . 20,363 06 .American and Span.iah claims commission ............... . ......... . 14.021 51 miscellaneous; Interior; military establishment; navalestablishment; .American and British claims commission........... . ............. . 2, 093 25 :public debt. The public debt, $100,455,080.60, entered into these ~~=tl~n~~~J:!n~~~~:~: :::::::::::::::::::::::: ::::::::::::::: 32 225 02 $205,000,000 last year. Six mi!lion dollars and more were to the naval 6: 17'-l 66 establishment; military establishment, 19,000,000; Interior Depart- .Alabama claims commission . .. . .. . . .. .. . • . .. .. . . • .. . ............. . 84,374 70 Awards to Bri•ish claimants ............ . ................. ... ..... . 1, 929, e19 oo ment, '33,000,000-I speak in round numbers only-miscellaneous, Contin~ent and miscella.neous................. ..•... 137,233 93 87,547 17 $:32 000,000; foreign intercourse, $2,000,000; miscellaneous civil, $1,000,- 000; judiciary, $2,454,780; executive, $4,000,000; and Congress, $2,- 1, 166,990 81 ............. . 203,000. Deduct excess of repayments .....•.•••.•...... 131, 130 79 -............ . I send the tables to the Reporter and ask that they may be printed Total foreign intercourse .................... . -----------1 1, 035, 860 02 ----------- 3, 195, 237 23 with my remarks. --------=-=-=!========== MISCELLM.'EOUS. Statement of the disbursements of the Unit~a States Gover-nment for the fiscal years 1859 and 1R75. Mint establishment................................. 624,300 63 1, 244, 618 40 ~=~~~;.~~-~~~~- ~: :::::::::::::::::: :~: :::::: -.. ·4i9; 7oo ·oo · Li~ht-house establishment . ......................... 1, 062,450 42 145,780 93 780 635 44 1, 778: 841 52 1859. 1875. Buildin~ aml repairs of light-houses................ 182,254 56 1, 165, 198 72 Refunding excess of deposits for unascertained du- ties . . . . . . . .. .. . . . . . .. .. . . . . . . . . . .. .. . . .. • • • . .. . .. . 609, 613 58 1, 863, 657 85 CIVIL. Life-saving service, including new stations... . • . . • . . 13, 2f>O 97 203,113 32 Congress: Custom-housM, court-houses, post-offices, &c........ l, 595, 723 86 8, 055, 054 86 Senate-salaries ................................... . $283,953 44 .614,698 18 Furn!ture~ &c. , ~or Pl:lbl~c buildings .......................... .. ... . 448,169 78 miscellaneous aml contingent expenses ... . 230,037 28 86,269 94 Repa1~ or public buildmgs .... , ................... . 480,€42 86 382,289 21 House of Representatives-salaries . .............. , . 780,704 41 1, 7~2, 656 76 Collecting customs re\'enue........ ... . .. .... .. . . ... 3, 441,544 14 7, 028, 521 80 . miscellaneous and con- D ebentures and drawbacks under customs laws .... 592, 557 30 1, 629, 328 02 tingent expenses ..... . 496,569 21 247, 6?.5 03 Refundin~ duties erroneously collected............. 15, 5i20 35 9, 810 93 Library-salaries .................... ..... ..... . ... . 9, 000 00 29,294 04 Ma~e hospi~ es~blishment, including buildings. 700,686 80 472, 478 34 miscellaneous and contingent expenses ... . 10,600 00 44, 37tJ 31 Mail-steamship semce............ ... . .. ... . . . . . . . . 614,483 41 650,000 1'0 Public printing-salaries ....... . .............. .. . . 10,022 15 11,336 40 Deficiencies in postal revenues . .................... 4, 200,000 00 6, 562, 216 30 miscellaneous and contingent ex- Suppressing counterfeiting and fraud............... 2, 215 45 120, 615 20 4f:l6, 058 74 1, 674, 615 19 Botanic Garden-s~U:!~.:: :::::::::::::::::::::::: Contin~ent expenses, Independent Treasury...... . . 27. 01 ~ T.:l 95,159 57 5,121 50 12, 145 98 Public tmildin~s and grolmcls in Washington....... 1,444, 909 90 809,176 43 miscellaneous and contingent ex- Ca£itol extens10n, repairs, &c. . . . . . . . . . • . . . . . • . • . . . . 980, 000 00 69,800 00 penses ......................... . 4,144 16 19,913 04 Co umbia Institute for Deaf and Dnmb. ..... . ... ... 5 841 00 77,000 00 Court of ClaimB-t'lalaries .......................... . 32,245 00 30,087 25 Metropolitan police ...... . . . . .. . .. .. . .. .. .. .. . . .. .. . 2a: 698 33 208, 006 6~ miscellaneous and contingent ex- Support of transient paupers............ . . . . . . . . . . . . 6, 000 00 15, 0~ 0 OfJ penses ........................ .. 6, 536 00 5, 000 00 Survey of public lands . ................. .. .. . . . .. .. . 817, 292 94 1, 253. 187 13 Total Congress ......................... . ... .. -2,-354,-991-95- ------ 4, 568, 081 12 ~payment for lands erroneously sold............... 07,276 48 35, o:1o 5.'> Fi\'eper cent. fund to States........................ 33,836 40 !!4, 436 5-~ Relief acts .. . .. . . . .. . . . . . . . . .. . . . . .. . .. . . .. .. .. . .. . 56 5-42 36 157, 81 3 5!1 . EXECUTIVE. E:A~enses of Dislirict of Columl1ia....... . ............. 111' 358 74 339, 5!l3 9ll ~~~;J5ie';a¥~~~:: =~::: :::::::::::::::::::::::::::: 41,-564 40 71,800 00 Smttbso_nian Institution, including building........ 30:910 14 G9, o50 sa 62,08'2 06 96,738 30 lntlf'mrut,mfor swami> lands . .. . • .. . .. .. .. .. • • .. .. . .. 14, 897 15 43,386 94 3484 CONGRESSIONAL RECORD-SENATE. JUNE 2, Statement of tlze disblwsements of the United States GoVeJ'1l11!ent for the Disbursements in 1875 in excess of 1859. jtBcal yea1·s 1859 and 18i5-Coutinued. ~~~~~~!e·:~::~ .:~::: :~:::::::: ::: ::::::~:::~::::·.·.·_-_:::::·.: ::::::: ~: ~~: ~i g: 1859. 1875. ifi~~~~eo~~ -~i;u ·_-_-_-_-_·:.::::: ::::::: :~:::::::::::::: :::·.:::::: ~:: i:~~~: ~ gg ' ~~~tli:e~~~~~~:::~:::::::::::::::::::: :::::::::::::::::::::::: s~: ~~~:~XI ~~ Interior . ... . . ..................................................... :l3,086.900 44 .Agriculturnl Reports ............ . .............. --.. . $60, 000 00 $46,700 00 Payment for coins, &c., destroyed at Chicago. . . . . . . .. .. -.... . .. . 809 04 ~~;t7s:~~~~~~~-::::::::::::::::::::::::: ~:::::::::::::::::: 1~: ~:: ~i~ ~~ ~uild~;~~~~~!~~.:s: ::_: :~ :::::::::::::::::::::: ··--·i7,'oi4 ·82. 897,985 85 Public debt ........................................................ 100, 455, oao Ill 88, 107 81 Compensation m lieu of mmeties ...... -- -- ........ -- . ... -- ........ . 67,134 18 Total disbursements in 1875 in excess of 1859 ..•..•..••.••.•. 205, 638, 702 75 .Assessing and collecting internal-revenue . ......... .. ............. . 4, 289, 442 71 Violations of internal-revenue laws ................ . ............ -- 30,095 00 The excess of expenditures may be classified under each head aa follows: Int~rnal-revenue stamps, paper , and dies . ..... . . . . . . . ..•.......... 627, 649 97 CONGRESS. Refunding internal revenue erroneously collected . . . . ............. . Internal-revenue allowances and draw backs.. . . . • . . . . • . . . . . . . . . .. Redemption of stamps ........... . .................. .......... -- .. . 169,286 77 32,248 73 31,867 05 Se~:=rn:;!~ ..... __ .... _............. _...... . Library, Botanic Garden, and Court $950,045 57 Return of proceeds of captured property-- .. .. .. .. .. . .. -- .. . .. .. . 880,619 34 of claims .... -- ................................. . 73,172 90 Eif~]ii!t~~:::::::~:: ::::::::::::: ~~:: ~::: ~::::: 552,397 97 Public printing ................................... . 1, 18!J, 870 70 150,255 51 330,978 27 EXECUTIVE. ------ $2, 213, 08!1 17 220,000 00 Building for State, War, and Navy Departments. . . . . , .... . .....•. . 1, 049, 059 54 N atnral growth: Government Hospital for InRane. .. .. .. .. .. .. .. .. .. .. . ............. . 215,107 00 Executive proper ..........•.•..•.• eao, 235 60 Charitable institutions in Washington .. - ........... . .. ----- . -- ... .. 229,308 33 State Department ..•.....•.•...••• 34, 65G 24 Expenses of eighth and ninth census............... ----- .. ---- .. .. 23,569 40 Light-House Board .......•....•••. 4, 961 91 Penitentiaries in Territories . .. ..................... . -- ...... ---- .. 14,791 13 Post-Office Department ..•.. . •..••• 288,017 39 Board of health, District of Columbia ..... :........ --.. .. . .... .. 41,388 50 Interior Department •••. : . •..•.•... 729,368 28 Inquiries into causes of st.eam-boiler exploswna .... , ............. . 8, 474 01 1, 087, 239 42 R-efunding proceeds of cotton seized ................ . . ....... -..... . 36,938 72 New: Sou t.hern claims commission. .. .. . . .. .. .. . .. . . . . .. .. -- -- ...... -- ... 51,800 00 Supervising .Architect ...•...••..••. 31,423 51 Re-issuing national currency ........... -- ......... - .. -- ...... -- ... 64,244 76 Commissioner of .Agricul tnre .... .. 77,059 12 Bureau of Statistics ............... . 59,403 23 ~t!:'~~ ~~- 3'65 i>(;~a~-oiriistrict-~i·c~i~i>i~- :::::. :::::::::::::: · 1, 022, 165 13 154, 554 64 167,885 86 Payment of indebtedness of District of Columbia .... ............. .. 1, 300, 000 00 N aturaJ. growth and war: Ex:i>enses of Bureau of Engravin_g and Printing_. .... . .......•..... . 1, 581, 669 41 Treasury Department .....••••••... 1, 724,502 21 . Purchase and management of Louisville and Yort- Department of .Tustice .••••.•....•. 101,116 17 land Canal . . . . . . .. . . ........ -- --.-. - ...•........ -- .... · . · ·- · · ·. ~g~, ~~ ~~ Due wholly to the war: ------ 1, 825,618 38 Vaults safes and locks for public buildings .................... .. Intern~tional exhibition a.~; Philadelphia. ......................... .. 26; 300 00 ' Comptr~ller of C~rr~ncy ..........• 134,764 01 Indemnit:y to Dempsey & O'Toole .... , ....... . ..•................. 29 433 89 Engravmg and Printing ...........• 26,200 00 Distri.buLion Qf seeds, (grasshopper ravages) ....... . ...........; . .. . 30• 000 00 Miscellaneous salaries . ............ . 88,143 70 Unenumera.ted items....... .. ....................... 238, 5!1~ 93 215' 992 49 Commissioner of Internal Revenue. 335,166 80 Judgments of Court of Claims ................................... .. 516• 531 35 War Department ................ .. 893, 9H6 04 ' Navy Department ................ .. 23,855 79 18, 495, 144 2.') Miscelllllleous expenses ••••••••.•.. 274,158 31 Deduct excess of repayments . ................ .. 20,858 43 l, 776,274 65 Total miscella.noous............................. 18, 474, 2e5 8ll -----------1---------- 51, 045, 067 57 JUDICIARY. 4, 857, 018 31 Natural ~owth and war: ~:'~:::sa!l~urts : ::: :~ ::::::::::::::::::::•• :::::: INTERIOR DEPARTMENT. 151,943 59. 2, 302 503, 28 Indians........................................ .. . . .. 3, 532, 874 25 8, 384. 656 tl2 2, 454, 7~0 09 Pension.~ . ........................................... 1, 221, 098 35 2!J, 456, 216 22 MISCELLANEOUS CIVIL. N a.tural growth: Total Interior Department...................... 4, 753, 972 60 :J7, 840,873 04 T eni.torial _governments ......................... .. 69,456 87 Inde-pendent Treasury ..••.••.•.••...•.....•••...•. 326,420 20 MILITARY ESTABLIBHM.ID;T. Public land offices .................•.•••••.......•.. 520,669 9l Inspection of steam-vessels ...................... . 130,9-19 69 6!~S:~ti~~~~eit'£.·_-_-_:::::::::::::::::::::::: ~: ~~f: ~~~ ~~ 12,0, 851, 944, 666 31 334 74 Minta and assay offices ........................... . 22, 376 53 1, 069, 871 50 Quarterma tor's Department.................. . . . . . . 9, 975, 626 95 13, 253, 571 74 FOREIGN INTERCOURB.E. Ordnance Department............................... 1, 318,486 98 1, 7~,965 26 Natural growth: =r?si!R~~r:~:::::::::::::::: ~:::::::::::: ~~~: ~g~ ~g Contingencies of the .Army.......................... ·: 10, 733 15 Signal Service . .. .. .. . .. . . . .. .. .. .. .. .. .. .. .. .. .. .. . • .. ........... .. 344,887 94 99,401 79 50,259 88 i15, 557 59 422,641 58 Salaries and miscellaneous ........................ . New: Claims commissions, &c .......................... . Due wholly to the war: 70,308 01 74,875 50 Refugees, freedmen, and abandoned lands ....................... .. 34,317 36 .Alabama claims commission and Bounties to soldiers .................. . .•............ . .............. 291,480 00 awards to claimants ............................. . 2, 014, 193 70 Re-imbursing States for ra.il'ling volunteers.......... Claims of loyal citizens for supplies .......•........................ 2'27, 176 48 139,958 32 1, 265, 170 40 MISCELLANEOUS. ------- 2, 159, 377 ' 21 Relief nets. .. . .. . . . . . . .. . . .. .. . .. . . .. . .. . .. . • .. . . . .. 108, 379 78 377,831 46 Natural growth: Forts and fortifications.... . .. .. .. . .. .. . .. .. .. .. .. • .. 1, 273, 195 60 1, 128,980 31 Mint establishment ............... . 620,317 77 Improvements of rivers and harbors................ 567,20-2 25 6, 380, 811 18 Coast Survey ...... . ............... . 360,935 44 Re-imbursing Kentucky, expenses in suppressing re- Light-house establishment . •....••. 716,391 10 bellion .. . .. .. .. .. . .. . . .. .. .. .. .. .. .. .. .. . . . .. . .. .. ........... .. 35,490 65 Life-saving service ..........•..••• ·. 189,852 35 Suppressing Indian hostilities . . . --------·~......... . 23, 375 21 88,9 0 30 Collecting customs revenues•..••.•. 3, 586, 977 66 N a.tional .A.sylum for Disabled Volunteer Soldiers ................ .. 911,505 12 Postal revenues, in deficiency ..... . 2, 362, 216 30 Washington and Oregon volunteers ............................... . 8, 574 00 Steamship service ................. . 35,516 59 Horses and other property lost in military service . .. ·.· ............ . 83,720 68 Counterfeiting and fraud ......... .. 118.399 75 Soldiers' Horne .................................................... . 154,604 01 Contingent e.xpenses Independent Miscellaneons...... ... .. . ... . . ......... ... ..... ... . . . 535,311 77 457,935 36 Treasury . ..... . ............... .. 68,140 84 Total military establishment...... .... .. .. .. .. .. 21, 133,859 37 41, 120, 645 98 ~~~t!tc~~t:t~.:: -_:: ·.:::: -_ ·.: 435,894 19 228,235 22 ~i::R::~~-itA;~~: ::::::::::::::: NAVAL ESTABLISHMENT. 28,489 79 93,169 52 Pay and contingencies of the N n.vy ......•..•...•. . 4, 346, 166 12 8, 844, 536 52 6, 542,521 61 New: ~~~:tfo~~~::::::::::::::::::::::::::: :::::::::::: 674,463 26 1, 176, 3~5 43 Metropolitan police .............. .. 179,308 29 92,589 34 2a1, 383 52 Coins destroyed at Chicago........ . 809 04 Ordnance ........... . ............................. . 146,291 66 508,744 91 Revenue-cutter service .......... .. 897,985 85 Provisions and Clothing ...•.........•.•............ 992, 7G9 11 1, 736, 770 G3 CoruJ?ensation in lieu of moieties .. . 67, 134 18 Medicine and Surgery ............................. . 68,736 09 133,175 52 Chan table institutions .........••.. 229,308 33 Equipment and R ecruiting ........................ .. 2, 365, 837 57 1, 175,252 09 Penitentiaries in Territories ..... .. 14, 791 13 Const ruction and Repair ................... . ...... .. 3, 554, 630 92 4, 339, 412 00 Board of Health, D. C . ............ . 41,388 50 ~~]~~ ~:tn:~~::::::::::::::::::::::::::::::::: 457,985 91 1, 812, 043 55 Steam-boiler explosions ........... . 8, 474 01 1, 477, 212 46 2, 519, 755 20 Postage ........................... . 1, 022, 165 13 Relief acts . . . . .. . . . .... .. . . .. . . • ...... . . . ... ...... 15,250 54 140, 2i8 97 Interest on bonds of D. C ........ .. 154,554 64 Transit of Venus ................................................ .. 70,964 43 Indebtedness of D. C .............. . 1, 3CO, 000 00 ~c~ll~~~- ~~~~- ::::::::::::::::::::::::::::: ·.. ·5~; 677 ·2.1· 842,582 22 218,416 19 International exhibition ...•....... Dempsey & O'Toole ...•••.......... 26,300 00 29,433 89 Distribution of seeds .••••••........ 30,000 ('O Total naval establishment . .. • • • • .. . • • ... . . . . . 14, 712, 610 21 21, 497, 626 27 4, 001, 652 99 Improvements: PUBLIC DEBT. Branch mint buildings ............ . 145,780 93 Interest on the public debt.......................... 2, 638, 463 96 103, 093, 544 57 Building light-houses ......... . ... . 982, 944 16 Custom =houses, court-houses, &c .. . 6. 459, 331 00 Total net ordinary disbursements . ............... . 68, 984, 690 09 274, 623, 392 84 Furnitu.re for pulllic buildings .... . . 448,169 78 Columbia. Institute. . .. ; ........ . .. . 71, 159 00 Smithsonian Institute ...•••.••..... 38,140 74 .. 1876. C_ONGRESSIONAL RECORD-SENAT.E. 3~85 Revenue-cutters........•........... $71,092 99 Provisions and Clothing .. _._ ....•.. $744,001 52 Capitol grounds . ___ .•. .. -- ......••• 220,000 00 Medicine and Surgery .....•. _•..•.. 64,439 43 Building for State, War, and Navy Yards and Docks .............. ... . 1, 042,542 74 Departments .. -- ;;,.· ------ ....... . 1, 049, 059 54 Relief acts ........... .. ........... . 125,028 43 Hospital for Insane-: ........ --- ...• 215,107 00 Prize-money to captors ........•.... 842,582 22 Louisville and Portland Canal..... . 107,794 31 $6, 068, 059 43 Vaults, safes, &o., for public build- ings .................................... . lO:l, 487 95 8, 211, e62 ss Doe wholly to the war: ------ $9, 912, 067 40 Less expenditures in 1859 in ex- cess of 1875, as follows : Relief acts .. .. .... .............. . 101,271 2.1 E2, 397 97 PUBLIC DEBT. R efunding national debt .....•.••• 150,255 51 Due wholly to tho war: Expenses of national currency ..... 330,978 27 Interest on the public debt..... .. .. . .. .. .. . .. .. .. . .. .. .. • .. .. . .. .. . 100, 455, 080 61 Sou tbern claims commission ......• 51,800 00 Re-issuing national currency .....•. 64, 24i 76 Totn.l excess of expenditureS in Bureau of Engraving and Printing. 1, 581, 669 41 1875 over 1859 . .. .. .. .. .. .. .. .. • .. .. • .. .. • .. .. .. .. .. .. .. .. . . 205, 638, 702 75 .Judgments of Court of Claims .... 516,531 35 8, 296, 336 18 CLASSIFICATION. Expenditures from moneys re- New: ceived in excess of duties, &c.: Executive ........................ . 167,885 86 Refunding excess of deposits for ~~~~~~~~~: ::::::::::::::: 74,875 50 duties ......................... .. 1, 254, 044 27 4, OOL, 652 99 De'Lentnres and drawbacks, cus- Military establishment ..•..••..•... 585,819 59 toms .......................... .. 1, 036, 770 72 Naval est..'\blishment .............. . 70,964 43 Refunding duties erroneously col- 4,_Do1, 198 37 lected .......................... .. 169,286 77 Improvements: Allowance and drawbacks, internal Miscellaneous ..... ................ . 9, 912, 067 40 r evenue . ....................... . 32,248 73 Military establishment ... _........ . 5, 813, 608 9J Redemption of stamps ............ . 31,867 05 Naval establishment ........... .. . . 2, 138, 8.18 72 Return of proceeds of captured 17, 864, 515 05 property ........ . .............. .. 880,619 34 N atnral growth : Refunding proceeds of cotton seized 36,938 72 2, 213,089 17 3, 441, 775 60 i~~~~ti~~--~::::: -_ -_ ·.·.:::::: ::::::::·. 1, 087, 239 42 - - - - - $34,496,368 69 Miscellaneous civil ................ . 1, 069, 872 50 Less expenditures in 1859 in ex- Forei~ intercourse . .......... .... . 70,303 Ol cess of 1875, as follows : Miscellaneous ..................... . 8, 844, 536 52 Repairs of public buildings .....•.• 98,353 65 Interior .......................... .. 4, 851, 7!:!2 57 Refunding duties erroneously col- 18, 136, 828 19 lected .......................... . 5, 709 42 Natural growth and war: Marine hospital establisllment . ... . 228,208 46 Executive.......................... 1, 825,618 38 Public buildings, &c., in Washing- .Judiciary .. .. .. • .. .. .. . .. .. .. • .. .. . 2, 454, 780 09 ton ............................ .. 635,7:13 47 4, 280, 398 47 Capitol extension ... .............. . 910,200 00 Due wholly to the war : R:w..~~~ -~~~. ~~~-s- -~~~~~~~~=- Executive .. .. .. .. .. .. .. . .. .. .. .. .. 1, 776, 274 G5 32,239 93 A gricultnral Reports ............. . 13,300 00 iti~~~~~~~~:::::::::::::::: ~:~~~:~~~ {g Unenumernted items .••.••.••.•••• 22,700 44 Interior Department.. . .. • .. .. .. .. . 28, 235, 117 87 Milit:lry establishment.... .. . . • . . • . 13, 994, 305 60 1, 946, 445 37 Naval establishment.. ........... .. 6, 068,059 43 Deductexcessofrepayments. 20,858 43 Public debt ........................ 100, 455, 0$0 61 1, 922, 587 94 160, 839, 368 04 32, 570, 781 75 Expenditures from moneys re- INTERIOR DEPARTMENT. ceived in excess of duties, &c.: Miscellaneous .................................... .. 3, 441, TI5 60 Natural growth: Indians ........................... . 4, 851 782 57 L ess expenditures in 1859 in excess - - - - - 209, 4U4, 083 72 Due wholly to the war: of 1875: Pensions ............. ........ .. 29, 235,117 87 Miscellaneous .................................... .. 1, 925, !186 94 - - - - - · 33, 086, 900 44 Military establishment ............................ . 406,947 51 MILITARY ESTABLISHMENT. Naval establishment .............................. . 1, 492, 846 52 3, 825, 380 97 New: Si~nal Service ....•...••........... 422,641 58 Grand totaL ................. :.. • .. .. .. .. .. .. .. .. .. .. .. .. .. • . 205, 638, 702 75 WaRhin~on and Oregon volnn~ers 8, 574 00 Soldiers Home ................... . 154,604 01 Mr. EATON. I should like to say t.o my friend from Maine that 585,819 59 he baa seen the tables and has to his own sati~faction, doubtless, Improvements : Improving rivers and harbors ..•..• ...... ........ 5, 813, 608 93 given good reason for the large increase in the expenditures of the lJue wholly to the war : Government; but there ought not to be a final vote asked on the Pay Department ............•.•••.. 6, 999, 588 23 question now before the Senate until the tables can be printed, so Commissary Dopartment .........• 5£1, f!fl7 06 that we may see precisely the various items. I have thought myself, Quartennal:'ter's Department . ...... 3, 277, 944 79 Ordnance Department . ..•...•...•. 440,478 28 ·having spent a good deal of time in the study of this subject, that Medical Department . .•..••......•• 234. f!51 82 the great difference could not be satisfactorily explained. I am well Contingencies of the Army ........ 24, 82-l 44 aware of the $100,000,000 in regard to the public-debt interest, and Refugees and freedmen ...•.•...••• 34,317 36 the $29,000,000 in regard to the. additional pensions, but there are Bounties . ........................ .. 291,480 00 Claims of loyal citizens ........... . 1, 265, 170 40 one hundred and fifty other millions that I am not so well satisfied Relief acts .. .. . . . . ............... . 269,451 68 of; and therefore I should like to see this matter in print before I :Rt>.-imbursing Kentucky for raising vote. >olunteers ..................... . . 35,490 65 Asvlum for Volunteer Soldiers ... .. 911,505 12 :Mr. MORRILL, of Maine. My honorable friend will have the sat- Horses lost in service . ......•...••. 83,720 68 isfaction, I hope, of being enlightened on this subject ; for here are Suppressing Indian hostilities ...... 65,605 09 the tables giving the items of increase. 13, 994, 305 60 Mr. EATON. I have not the advantage my friend from Maine has; ------ I have not seen the tables. 20, 393, 734 12 Less expenditures in 1859 in ex- Mr. MORRILL, of Maine. The Senator will find one thing, if he cess of 1875, as follows: examines it carefully, as I am sure he will, that the civil service of Military Academy .. , ............ .. 83,257 61 the country is conducted at the present time in such a manner as that Expenses of recruiting .......... .. 14,880 04 Re-imbursing States for raising vol- all sorts of expenditures and appropriations come to the surface. There unteers . .......... - ............ .. 87,218 16 is a specific accountability in the public service that never existed in Forts and fortifications .•••••.•••.• 144.215 29 the history of the Government up to 1870. If the Senator will take Miscellaneous ................... .. 77,376 41 pains to look at the estimates which are annually made, he will see an 406,947 51 19, 986, 786 61 account-current, which is an accurate statement of every branch of NAVAL ESTABLISIDrlENT. the public service, of every dollar appropriated to it and every dollar New: expended ; and unless there is some great inaccuracy about it, in some Transit of Venus ................................. . Improvements : 70,964 43 way overlooked, each Senator may be as well informed regard to a Construction and Repairs.......... 784, 781 08 the expenditures and receipts of the Government, so far as shown Steam Engineering....... . .. . .. . . . . 1, 354, 057 Cl4 through appropriations and expenditures, as he is of the statements 2, 138, 838 &2 of his own county. Due wholly to the war: Mr. President, I wa8 about to conclude this part of the subject by Pay ~d contingent of theNavy .••. 2, 196, 355 49 saying that it is n.pparent first, thn.t we appropriate for these legis- ~£aE~i~~-:-~-~--:---~~-~-::: :~::::: :::: 501,862 17 188,794 18 lative, executive, andjudicial expenses a.ccording to la.w. 362, 453 25 :Mr. BAYARD. Will the Senn.tor allow me to m.n.ke a suggestion! ... 3486 CONGRESSIONAL RECORD-SENATE. JUNE 2, Mr. MORRILL, of Maine. Cert.ainly. Mr. MORRILL, of Maine. To all the salaries in the Departments Mr. BAYARD. I am disposed to concur with the honorable Sena- above those of twelve-hundred-dollar clerks. tor from Maine in his defini,tion of an appropriation bill, and that its Mr. BAYARD. I am very·sure that I have served with my friend object anu its tenor simply should be to provide ruoney to carry into on committees of conference where there was a vecy great alteration efl'ect existing laws. This is what may be termeu the generic de- in the pay of varioUB officers. scripti on of ::m appropriation bill; but I wish to submit to the hon- Mr. MORRILL, of Mafue. Yes, sir; but my honorable friend will orabl e Senator and the majority of the Senate whether that defini- understand me when I finish my remark. . ·was it ever known before tion has not been so overlooked by the invariable practice of this in the history of legislation that an appropriation committee under- body for t he last fifteen or eighteen years, that to establish it now and took to change the entire salaries of the wl}ole force in the Executive adhere to it strict ly, _when we stand in the closing weeks of the ses- Depn.rtments by applying a rule of a certairi per cent. reduction to the sion, would simply be saying to the co-ordinate branch of Congress: whole body of salaries f · "You have, ·according to the accepted idea and invariable custom of Mr. BAYARD. I do not know that it was. legislation of these two Houses of Congress for the past eighteen Mr. MORRILL, of Maine. Of course it never was. years, proceeded to economize by changing the salaries of existing Mr. BAYARD. I merely mean to say that I do not see any differ- offices in the way of amendments to appropriation bills; we recognize ence in principle whether you apply it to one or many. I see no dif- thiA as the prnctice; we have not objected to it; we have accepted it ference in principle between making what you call a horizontal reduc- as proper in practice, although perhaps not in theory; and yet, now, tion of such a per cent. on all salaries and taking the salary of one without notice to you, having suffered you to go on, prepare these man at $1,500 and raising it to $2,000, or reducing it from $2,000 to bills with great elaboration, at great cost of time and pains, we tell $1,500. you now that we propose suudenly to shut down upon you with this Mr. MORRILL, of Maine. If myhon mblefriend was receiving a sal- new, thi t echni cal, lmt perfectly unaccnstomed theory, that an ap- ary of $1,400, and a horizontal rule of 20 per cent. was applied to him propriat ion bill ha,ll not be suffered to change t he provisions of ex- and not to others, I think he would see the difl'erenoe in the principle; i ~:; t.iug law either in respect to the exist ence of an office, or in respect at any mte he would see the difference in the result, and he would fool of t he salary all owed by law for performing it s duties." probably the effect of it. What I am commenting upon here is the Mr. President, I (lo not think this can Le sustained. I uo not thiJ;Jk fact that instead of appropriating for tho salaries as provided by law it either practical or just that it should be proposed now. I will a general horizontal rule is applied to the whole body of salaries, re- agree with the honorable Senator-and when I agree with him I am ducing them accor ding to a certain per cent. Th:tt is unprecedented. always better sat isfied with my own j uclgment-that it would be well Mr. BAYARD. It is not unprececlented in principle. that it shoulu be tmclerstood by each House of Congre s that we will Mr. MORRILL, of Maine. That cannot be done with a diverse not amend exi ·ting laws under color of making appropriations to service without manifest injustice. AB to the rule to which my hon- carry them into effect.. But let us know that in advance; do not say orable friend refers, it has not been the practice, although almost to the co-ordinate branch of Congress, "Your labors for the last six every year some change has been made in somebody's salary. As a months shall go for naught. We know that you have proceeded a.s general1)roposition, such a change has been made with reference to your predeces ors iu office 0 10 and 1875 of $214,424,!:i8'~.16. • Seventh decade, 1851 to 1860 .. . . .......... .. 5G8 3liJ 368 00 6i8, 200. G05 84 To realize the significance and pertinency of this statement it will Eighth decade, 1861 to 1870 ...... .... ...... .. 4, 4:!0: ~!05: 3v8 32 9, 347, 3::!9, 3:36 28 he neces ·ary to consider that this rednction t.ook place in the branch Five years of ninth decade, 1871 to 1875 .. ... . 856, 923, 153 94 3, 304, 950, 546 33 uf the civil service which we are now to appropriate for n.s the ordi- Total ..... : ............................ 6, cOl, 956,954 69 14,797,839, 7·12 7-1 nary expenditures of the Government; and it was a reduction of a little less than two-thirds . .A.o analysis of thls general reduction of expenditures may be item- Increase per cent. second over first decade ...................... . 30 53. 2 tzed thus: On the Arruy the reduction wa.s $2<12,000,000 in round num- Increase per cent. third over secoml decade ..................... . 25-1. 2 142. 1 bers; Navy, $22,264,000. In the Indian service the increase has been Decrease per cent. founh ove r thii'd decatlo . ............•......... 35.9 23.9 Increase per cent. fifth over fourth decade ...................... . 97. 9 ' 32. 6 4,000,000; in Pensions,$14,000,000; and the Departments and all ot.h er Increase per cent. sixth over fifth decade . ....................... . 27 28.4 branches of the public service, 31,000,000. The increase in tho In- Increase per cent. se"\'"enth over sixth decado ....•.... .. .... ..... . 85.1 73. 6 dian service axises from various co~siderat.ions which it is hardly Increase per <'.ent. eighth over seventh decade . ................... . G77. 6 1278. 2 worth while for me in this connection to speak of; hut particularly Decrease per cent. ninth ove r eighth deca.,928,792.67. In 1866 the national uebt, fnnded and unfunded, the :first, second, fourth, :fifth, sixth, and seventh periods, it will be was $2:773,23H,173.69. In 1875 it had been reduced to $2,232,284,531.95, seen, are examples; the third and eighth are exceptions to the rule, being an aggregate reduction of $540,951,641.74. · and embrace· two periods of war which mark our 11ational history. The financial policy enforced sinco 18G6 in the interests of public The growth of the nation, measured by this role, in the second de- economy and the national faith gives the country in 1875 as its re- cade should exceed the first by 30 per cent.; the fourth (the third be- sult a mduction of the nation::tl debt of $540,951,641.74, and the relief ing exceptional) should have been 35 per cent. over third; the :fifth of public burdens by the way of a reduction of the t:ues in the years 97 per cent. over the fourth; the sixth 27 per cent. over the fi.fth; 186ti, 1867, 1868, and 1870 of $319,000,000. the seventh 85 per cent. over t.he sixth; and, the eighth being excep- • During t.he war the political policy seemed to be to "tax, :fight, and tional, the ninth should be 121 per cent. over the seventh. emancipate." The war over, the :financial policy has been the protec- The gross receipts of the Government from March 4, 1789, to June tion of public credit, the redemption of the national obligations, and the 30, 1875, inclusive, were $14,9i3,305,670.59. Of this sum, $12,709,645,- retrenchment of the public expenditures. Undex thlspolicythe pub- 059.91, equivalent to !:i419cr per cent. of the whole sum, has been re- lic faith has been kept, the national obligations have been performed, ceivecl by the present party adrninistrat.ion since 1861. The gross ex- the public debt dissolving and disappearing, the burden of taxation penditures during this period have been $14,797,839,74.2.74, of which count-ed by ,.hundreds of millions has been removed from the indus- 84-frr per cent. has been expended since 18Gl. Thus, of the $2!>,771,- tries of the people, and the net ordinary expenditures of the Govern- 145,413.33 received and disbursed by the National Government, 84-rh ment have been reduced other hundreds of millions, until at the pres- per cent. has been received and disbursed in the last :fifteen years, ent time these expenditures closely approximate the period of peace while 1~10' per cent. alone was disbursed in former years. before the war. It must indeed be conceded that the national expenditures in th~ Just one other consideration, Mr. President, upon this general topic, last :fifteen years, since the republican party came into power, have ansis of the bill up to this time, of the Territories northwest and southwest. This was the sum-total but I understood the Senator to say that the committee had agreed of the civil service in 1789. It must be a matter of great curiosity to measurably with the House in the reduction of the number of officers. contempla-te the comparative insignificance, the nominal character Am I correct in that f of t.he civil service as it existed in 1789. I have it here before me, Mr. MORRILL, of Maine. I do not think I quite comprehend the [holding up a thin-octavo volume.] The whole civil service which Senator's question. we are now nroviding for was summed up in substantially what I Mr. EA.TO~. I may have misunderstood the Senato1· from Maine; 3488 CONGRESSIONAL RECORD-SENATE. Jm~ 2, but I did understand him to say thn.t the committee had agreed with provisions. Among others there is a page or two of amendments to the House mea urably in the reduction of the number of officers. the revenue law which I am sure I have not considered, and . ! know Mr. MORRILL, of .Maine. No ; not quite that. What I meant to the Committee on Finance have not had an opportunity to examine say was that on the principle of reducing the numerical force the and to consult the proper authorities of the Government about to as- committee proposed to agree with the Hou e in reducing the service certain whether they are right or not. I notice through the bill other to such a point as in their judgment would be cons1stent with the important legislative provisioll8. public service; but we do differ as to where that point is. The com- The Senate of the United States cannot deny that the House of mittee do not recommend the same reduction in numerical force. Representatives have the power to propose amendments to an ap- .Mr. EATON. I would ask the Senator, then, if he has it soar- p~·opriation bill, because we have done it time out of mind. There- ranged that he can answer me what reduction of the force has been fore we are precluded from making any point of order upon them. Nor ma.de in the Treasury Department from last year, if any T is it possible to make any such objection, because by the Consti tutiou Mr. .MORRILL, of Maine. I do not think I can state it precisely. itself each House must prescribe its own rules of procedure and its Mr. EATON. Can the Senator state, then, what the whole reduc- own mode of legislation. Hence we have no right to object to their tion is f mode of proceeding or to the changes proposed to existing law. \Ve Mr. MORRILL, of Maine. The whole reduction numerically is are precluded from even a criticism upon their amendments to ap- three hundred and eighteen. propriation bills, from the fact that the House is the sole judge of its Mr. EATON. Three hundred and eighteen employes T own bills, and the Senate has since the foundation of the Government Mr. MORRILL, of Maine. Yes,• sir, and clerks. passed many and important legislative amendments to appropriation Mr. EATON. In all the Departments T bills. Mr. MORRILL, of Maine. Yes, sir; between 6 and 7 per cent. of the I therefore leave that point out of the view; but it is perfectly entire force. manifest that this bill is to be the subject of contest between the two Mr. EATON. I de.sire to state one fact hero. Whether it has been Houses, and now at the outset of the controversy we ouaht to he brought to the att.ention of the honorable Senator fTom Maine or careful that we are right, that we do not.hing but what is right, that not 1 do not know. A committee was appointetl, which bas not yet we assent to everything that is reasonn.ble, and then stand upon our reported, of which the Senator from Massachusetts [Mr. BoUTWELL] position until the encl of this Congress, if necessary. It is manifest was the chairmau-1 have the honor to be upon that committee- there is to be a contest over this and other appropriation bills, and at whoMe duty it was to examine into the various Departments and sug- the beginning of the discussion to-clay we should take our stand upon gest if possible any re-organization of any of them. It was suggested the ground we intend to occupy as to this bill with a full vote, so that by one or two members of that committee that it was wrong as a every Senator, after full investigation, may say that "I know I am matter of principle that the employes of the various Departments right and here I mean to stand." should be required to work but six. hours a day. Taking into consid- The first question presented is, shall we consent to a reduction of eration the number of hours of labor which are performed by all the our pay of $500 a year Y I repeat that, if this was left to me, I would various industries of the country and demanded by them, it was sug- say "yes" at once; if the Honse of Representatives thinks the con- gested that the labor of these Government employes should be in- dition of the country is &.o bad, that our finances are so bad, that it is creased one hour. I am informed that their labor has been increased necessary to reduce the pay of members of Congress, well and good; from six to seven hours, or at least various employes h:.we stated to and, as they propose to reduce their own pay, we nlight very fairly me that they had been so notified. I would suggest that as there are and properly, without any demagogism, with the utmost desire to three or four thousand em ploycs in the various Depa rtrnen ts of the Gov- promote the public good, say, "Very well; we are certainly willinrr ernment-and I suppose 1 understate it-if their term of duty is in- to submit to that sacrifice, if you are." But, if we adopt that prinoi: creased an hour a day, it would be just so many thousand hours a day ad- ple as to Senators and Members, we cannot then refuse to carry out di tiona.l. If there he four thousand, it would be four thousand hours ; the logic of the argument and apply it to other officers of the Gov- and a. very little exercise of arithmetic would show how much reduc- ernment. Who are the officers of the Government affected by this tion of force that would take from the various Departments. · billY In the first place, there is the President of the United States. Mr. MORRILL, of :Maine. I will say to my honorable friend that It is propo eel to forca the r eduction of the salary of the President of the estimates which I have snl>mitted here to-day from the heads of the United States from $50,000, what the law is now, to$25,000ayear. the Departments will be found to have been ba-sed upon that consid- I did not happen to IJe present the other day when the vote was eration already, and that t.hat principle has been applied. t.aken upon the bill to lower the President's salary. If I had been Mr. EATON. So I supposed. here I would have Yoted against that proposition on the ground that Mr . .MORlULL, of Maine. The reduction recommended by the the salary of $25,000 was fixed at the beginning of the Government, head of the Treasury Department is based in part upon the consid- when money was more valuable than now, when the responsibilities eration of additional hours~ or that considera.tion enters into the es- of the President were greatly lessz when his duties and labors were timate. "With additional hours he submits that the public service infinitely less. Therefore, I woula not vote to reduce the salary of can be carried on with the force he recommend . tho President. This bill also operates, as I understand it, upon the ~lr. EATON. Certainly that consideration does not enter far salaries of the judges of all the courts of the Unitecl States to be enongh into his estimate. If you adll au additional hour the reduc- hereafter appointed. We cannot reduce the salaries of those judrres tion will be more than three hundred or four hundred. An hour a dnring their life-time. All we could do now would be to make our~c­ day, if there he four thousand employes, is four thousand hours a day ductions apply to those judges who might come into office hereafter to l.Je added to the service of the employes. The. reduction-! h:\.Ve as others died or their terms lapsed; so that we should. have two sets not my pencil iu my hand-would be more than five hundred clerks. or two classes of pay in the payment of our judges. It seems to me • I submit that this matter should be looked into with some care. I do that would not be wise. not wish to take up the time of the Senate now upon that point. . Another cla-ss of officers more. numerous than all t.he rest-yes, ten The PRESIDING OFFICER, (AJr. ANTHOll.ry in the chair.) The m number to one of any other kind-are the clerks of the various Ex- Secretary will proceed with the reading of the bill. The Chair under- ecutive Departments of the Government. I do not know how many stands it to be the sense of tho Senate that the amendments of the there are, but there must be three thousand at least; consequently Committee on Appropriations shall be acted upon as they are reached. they are more than ten to one probably of . all the executive officers The Chief Clerk proceeded to read the bill. The first amendment of the Government here in Washington. Their pay was fixed in 1853 of the Committee on Appropriations wa.s in lines 10 and 11, to increase and 1854. It was fixed at $1,200, 1,400, $1,600, and $1, 00 a year, ac- the appropriation for compensation of Senators from $333,000 to 370,- cording to grade. We know very well from our own observation of 000, and in line 11 after the word " dollars" to strike out the words: these clerks that they can scarcely get alon~ in the expensive life at And from and after the 30th of June next, the compenli!a.tion of said Senators shall Washington, where hotel-keepers and boardmg-house-keepers expect be $4,500 per annum. to make a year's living within three months, whore marketing is hi~h, Mr. SHERMAN. Mr. President, I am very sorry that the Senate is much higher than. it ought to be, and all the expenses of a family so thin when a question so important as the pay of its own members are far greater than they ought to be. I know very well that, although is involved; but a question far more important i the probable eflect we should have everything here as cheaply as in Ohio, yet as a rule upon the appropriation bills of the wide differences between the two every such article of necessity for a heusehold, like marketing, is at Houses upon the many questions presented by each of their vital bills. least one-third more than it is in Ohio. I had made up my mind for one, until within the last few hours, that Under the circumstances I do not see how any Senator, with the I would vote in deference to the judgment of the House of Represent- responsibilities that rest upon him, can vote knowingly to reduce atives for a decrease in the pay of Senators, upon the ground that the from 10 to 20 per cent. the salaries of these officers, clerks, employes, Honse had fixed their own pay at 4,500, and as they probably woultl the great body of the official life of Wa hington. I cannot do it. I not be willing that Senators should have $5,000 and they $4,500, I will not do it. Their pay wa.s fixed at a time when money wa.s more was willing for the sa.k e of economy to agree with them at their own valuable than it is now; when it was gold. A clerk mif(ht very easily valuation of their own services. I am rather inclined to do it now; iu. 1854 and 1855, when I first came here, lay aside turee or four or but the considerations presented by the Senator from Maine ought to ·five hundred dollars a year, when now he caunot by the utmost he considered by a. full Senate. It seems to me that the vote on this economy do so. fir~:~t proposition ought to settle the fate of the entire bilL I have Therefore I say I will not vote for this general decrease ; but if read it with a good deal of care. The House of Representatives have we apply the reduction to our own salary, the logic of the argument greatly changed the civil senice of the Government. They have not will be to apply it to all others, and to adopt the policy proposed bv only reduced the number of employes and reduced the pay, but they the House. If we, however, agree to the reductitm of our own sal:.i- hn.ve imported and grafted upon the hill very important legislative ries, and apply the reduction proposed by them only to tho e officials 1876. CONGRESSIONAL RECORD-SENATE. 3489 whose salaries have been raised since or during the war, there would Houses of Congress either enlarging or reducing salaries on appro- be some logic in that. Perhaps some such proposition as that might priation bills if they both agree to it, but neither body can force the be advocated and maintained; but when it is proposed to apply this other to do it. 1·eduction to all officers in the Government, including those most There was another case in 1856 still more striking. Then the House poorly paid, I simply say we cannot do it. , of Representatives, in a high party time, undert.ook to direct that cel·- Therefore, I have come to the conclusion that for the present at tain moneys appropriated for the support of the Army should not be least I will follow the action of the committee, to restore the appro- applied to the enforcement of the bogus laws of Kansas. I believe priations to precisely what the law now requires. If then hereafter I had the honor to submit the motion-and I was dead in earnest the House should insist upon an entire revolution of our Government, about it-that no part of the money appropriated in the bill should the wholesale reduction not only in the number of our employes and be applied to enforcing the so-called laws of Kansas, the border-ruf- in the salaries of our employes, including the President of the United fian laws, as we called them. We put the amendment on the Army States, including all branches of official life except the judges who appropriation bill and sent it to the Senate. They disagreed, and we are protected by the Constitution, I will stand against that reduction were held here until October or September; the latter part of Sep- aa being unwise and unjust to those men personally, and injurious to tember I know, for it was' just .before the election. We were :finally the public service. But, if they are williug to apply that reduction compelled, although we were as dead in earnest as any House could only to those officers whose salarie-$ have been increased since or dur- be, to recede on the very ground and principle which I have stated, ing the war, including that of members of Congress, even to a lower that we could not force the Senate to agree to a legislative provision figure than they now propose, I will join with them heartily and in an appropriation bill unless they freely agreed to it. They said agree to their amendments. For the present, I propose to stand by they would not agree to it, and so we remained here and finally had the existing law. to recede. I passed through a contest of this kind before. I remained here Mr. BOGY. If I understand the Senator aright, he was willing to one year until September, I think it was. It was in 1856 that we do then what he condemns now. remained here unt-il September, and the contest I refer to was in 1859 Mr. SHERMAN. Yes; I offered the amendment myself. and 1860. I pa-ssed through a contest just like this at that time. I Mr. BOGY. .A.nd you were supported by your party at that time in remember it very well. We had a republican House of Representa- Congress T tives and a democratic Senate. The House proposed amendments to Mr. SHERMAN. Yes, sir; and we had to recede, just as everybody which the Senat.e disagreed. The Senate piled upon our appropria- else will have to recede under the same circumstances. · tion bills all sorts of amendments, amounting to millions of dollars. Mr. EATON. I shou1d like to ask the Senator from Ohio why he In the last days of the session the bills came to us loaded down with receded T amendments; and then the House took a position which was the Mr. SHERMAN. Because we were compelled to do so. logical sequence of the constitutional ru1e which requires the concur- Mr. EATON. Because you got tired 7 Was that the reason T rence of two Houses of Congress to pa!:!S bills. We took our posi- Mr. SHERMAN. Yes, my political friends would not stand· by the tion, and stood by it, and compelled the Senate to yield to it. Our position taken. Now let me say if there ever was a case in the his- position was that whenever the law authorizes and requires a specific tory of mankind which justified a legislative body in putting on such sum for a specific purpose that we w.ou1d give such sum without a provision and standing by it, it was that case, for of all the infamy abatement or reduction. We did it. Although, at that time, the dis- that ever wa~:> committed by a political party none ever exceeded the position on the part of the House, the parties then being exactly attempt that was made in 1856' to force upon the people of Kansas reversed, was to cut down all appropriations, we carried out the law. laws not of their making, and my friend from Missouri and all other Wherever the law fixed a sum or fixed the amount of a salary, we Senators know it. There never was a case which justified resistance gave the fu1l amount. We did not seek to force the Senate to change more strongly than that. a law, and placed our action on the ground that it was not the right Mr. BOGY. I think the reverse is the fa-ct, that you attempted to or duty of the Rouse to coerce the Senate to agree to any change of force upon the people of Kansas laws which the people did not want. existing law by an appropriation bill that the Senate did not and That is my understanding. could not fairly ai.ld honestly assent to. Mr. SHERMAN. I will not go into that now. At any rate the Then, on the other hand, we said to them, "We will not agree to any House of Representatives, I being one of the party and two or three appropriation proposed by you, either oi an indefinite character or others around me-I see my friend from New Hampshire [Mr. CRAGIN] where the amount was entirely at the will of both Houses of Con- who was with us then-attempted to do what the House attempt to gress, unless the House freely votes it without regard to your desire;" do now. We had to back out then, although we were support.ed by a that is, you shall not coerce us to change the law or to appropriate strong political feeling, and were engaged in as honest a cause as money unless the law demands it, and we will not coerce you to ever man undertook to advocate. We took the wrong measure to change t.he law or to vary the law unless you agree with us th~t the enforce it; that was all. law shou1d be changed. Where changes could be made by the mu- There is another aspect of our coudit.ion that is not pleasant and tual assent of both Houses freely given, without any coercion, moral makes it our duty to meet the House of Representatives in all rea- or physical, those ought to be made; but neither House has~ right sonable measures of economy. I am sorry to say that our receipts to coerce the other to adopt an amendment to a law unless by its own have fallen short of the estimates about fourteen or fifteen million free will and accord. That is the ru1e, and that will be the resu1t of dollars this year. Our customs have fallen off about 10,000,000 and this controversy. There is no doubt of lt whatever. our internal revenue has fallen off about $4,000,000. The increase of As ~ matter of course I think the Committee on Appropriations the tax on whisky and tobacco has, as I expected, caused a decrease ought now to have the deliberate sense of the Senate on these amend- of the estimated revenue to the amount of about $4,000AOOO, and per- ments. If we take our position that these amendments to the exist- haps other causes have operated to bring about this dencit. ing law do not agree with our sense of what is right and say we will Mr. EATON. How much in all f not agree to them, the House of Representatives must recede from Mr. SHERMAN. About fourteen or fifteen million. At the same those amendments. There is no other logic. On the other hand, if time it is to be said that our expenses have been reduced. The ac- the Senate committee or the Senate propose any appropriations of tion of the last Congress, through the Committees on Appropriations any character whatever, not provided for by law, and ask the House of the two Houses, considerably reduced our expenses; so that, while to pass them, and the House decline to pass them, the Ben ate committee our revenues are falling off, our expenses have been considerably less and the Senate ought to recede from the appropriation without ques- than they were last year. The balance of the account is not so much tion or hesitation. .A.s I understand, that is the rule under which the against us as one would suppose. It is auout $6,000,000, my friend Committee on Appropriations have generally acted. from Maine [Mr. MORRILL] tells me. Therefore, under the operation Mr. MORRILL, of Maine. The committee undoubtedly acted upon of the laws of the last session, our expenditures have been reduced, the rule submitted by the Senator, and no appropriation bill is pos- and the deficit, compared with the estimate made at the beginning sible without the prevalence of such a ru1e. The controversies of the of this session, my friend from Maine tells me, is to the extent of two Houses wou1d be endless upon any other supposition than that. $6,000,000, and we ought to curtail om appropriation bills enough more In the end the proposition of law is to control the difference between to make up our sinking fund to the full amount required by law . .A.s the two Houses. I wish to make one suggestion to my honorable I understand my friend from Maine, the present Congress will do that friend. He speaks about a willingness to reduce the compensation and more. We can reduce, or even defeat, several appropriation of Senators. The committee of course express no opinion about that. bills which contain large sums of money, entirely at our discretion. 'l'hat comes within the general rule. That falls under the obligation For instance, there is the river and harbor bill, which may be raised to appropriate according to law. The salary of the President and the or lowered, according to the amount of money in the Treasury. salary of Senators and Representatives was fixed by the acts of 1874. There are the appropriations for public buildings and.public grounds The Senator will find by looking at the act that all the salaries and various works of internal improvement which may be made a touched by it were to remain as fixed by law until further changed. graduating scale, to be raised or lowered at pleasure. There is no What I wish to say is that if the Senate makes an exception in this question, therefore, that in bills which do not affect the ordinary oper- instance the logic applies to the whole service. ations of the Government there are "ample room and verge enough" Mr. SHERMAN. I stated that that was the only reason why I to save even the $15,000,000 of the deficiency of estimated revenuo could not vote for the reduction ; that my disposition at first was to without affecting anything that is vital or necessary to the great accept the proposition of the House as to salaries of members of Con- functions of the Government. gress, but t.hat we could not do that without c~rrying the logic :Mr. MORRlLL, of Maine. I wish to say in this connection that the through the whole of these salaries and doing inj ustice to individuals Senate committee have a]ready concurred with the House of Repre- who cannot afford the reduction. There is no objection to the two sentatives on the question of appropriations for the exterior defenses, IV--219 3490 CONGRESSIONAL RECORD-SENATE. s~ 2, which are estimated at something over $3,000,000 on a bill appropri- Mr . .ANTHONY. Dming the session only, and the pay did not coru- ating but 300,000, so that in the line of the Senator' argument there mence until the Senator or Member appeared in his seat. would be a rednction of the expenditures from the estimates in that Mr. WITHERS. Mr. President, I will say a word or two on the branch. It is undoubtedly true that, in regard to other branches of propo ed amendment. While I am disposed to go as far as any man the ervice not :fixed and established by laws as to salaries like the in the direction of economy and reducing the expenses of the Gov- one we are con irlering, a very large reduction may be made. Are- ernment, yet with regard to these salaries I do not think here is t he duction has already ueen made by the House of Representatives in line in which reduction can be most effectively consummated. I be- the bill referred to by the Senator in regard to internal improvements lieve the extravagance with which this Government is administered, which, I fancy, u~:1y be without any great detriment to the public and which is matle the subject of complaint by the people, arises not service v ery largely reduced here. llut that is not a matter for the so much fi·om the amount of salaries regularly pa.id to the officials as CommittPe <.'B. .A pprop1·iations. from the speculations and abuses which have crept into the Govern- Mr. SBERM.AN. I have said all that I desire to say, and perhaps I ment, and whloh are very fur in exce s of its legitimate expent:;es. 1 ought to apologize for saying this much now, but the Committee on believe that it is the duty of tile Government to pay its emvloye , Finance a ncl t.he Committee on Appropriations are necessarily kin- whether in the Senate Chaml;Jer or at the Cierk's table, a snffi.cient dreu committees. On~ has t-o deal with revenue, the other has to amount to support them. I believe that the salary of 5,000 per au- ueal with expendi tnres, and it is absolutely necessa.r y for the Com- num is not more than sufficient to snppm·t a member of Congress in mitt ec ou :F iuance to uuuerstanu what sum is to be appropriated be- the sphere in which he is expected to move; and, if I may be par- fore they can juuge bow much tax is to be raised and bow much doned for making a personal allusion, I will say that I have thus money must be provilletl. And th erefore it has been the lluty of these found it in my experience. I have a large family· I aru bleR ed, I am t wo corurui ttecs to act in co-operation. If the Committee on Appro- happy to say, with a large family. I am uot blessed with a, large por- p riations should make large appropriations, we should have to make tion of this world's goods. I am not extravagant in my personal large provisions in the wny of t ax es. One great error committed habits, and yet I have found it just as much as I can do to support at the last se sion of Congress was that the appropriations were my family decently upon $5,000 per annum. I have no hesitancy in made so large til at j nst at the heel of the session we were com- making that declaration to tho Seua.te and to th e conntJ-y, and let i t p ell ell to l)a&:> a. very illy-considered tax biJL There is no neces- go for what it is worth. I shall vote, therefore, for putting the sal- ~:;ity for tilat now; beca,use I believe the spirit of botil Houses of ary back to what it was befere. I have no fears or apprehensions Cougress, not only of the Honse of Representatives, which has that my people will comp1ain of it or that they will regard it as more shown it Ly largely reducing expenses, but of the Senate itself, is than my services in t~is body are worth to them. I have nothing iu favor of large and wise economy; a great reduction of expendi- more to say, sir, on the subject. tur ; aml if till is done to anything like the extent that is prorrused .l\1r. ANTHONY. I suggest to the Senator in charge of this bill b. the Commit.tee on .Appropriations of the Senate, I have no doubt that the sections relating to compensation of members of Congre R we shnJl not only Ilave the ordina1·y surplns ·of revenue and enough be passed over until we fix the compensation of the other officers of for tLe inking fnnd, but something over, perhaps. To accomplish it the Government and then treat all alike. If we leave the law as it we must accept from the House of Representatives every wise meas- is as to them, let our compensation stand; if we cut it down, let us ure of ecouomy proposed by them; but they have no ri~ht to force cut ours down also. upon m; any measure in the n:une of economy that the 1::senate does Mr. MORRILL, of Maine. It will be very easy to come back to it pot consider to be wise and proper. 1f we only act on tha,t rule, to if we shall commit that error. yield t o them to tho utmost extent that we can do it without affect- Mr. SARG:b'NT. We can make the change in the Senate. ing the public ser vi ce, and then stand where we believe the law ought Mr. MAXEY. Mr. President, I have always believed, and through- not to Le clmngcu, t h ere ought to ho and can be no conflict . between out life have acted upon the principle, that "the laborer 'is worthy the two lion, es to prevent the adjournment of Congress within the of his hire." In the course of my life I have employed many people; present &cal year, or shortly after. I have always believed that it was right to pay them a fair and just .Mr. ANTHO::t\TY. Mr. Pre ·ident, is not the logic of this bill a little compensation for the services rendered. In my profe ·ional duties djffercnt from tile way in which the Senator from Ohio states it with as a lawyer, when at home, I have invariably charged what I believed regard to t he compensation of memben; of Congress and the compen- to be a fair and just compensation for services rendered to my clients. sa,tion of tbe great body of til e officials at Washington-that is, the I do not base that fee upon the footing or level of what probably clerl~s iu the D epartments T When the salaries of the clerks were fixed would be charged by a young man who had just commenced his pro- at t welve, four teen, sixteen, and eighteen hundred dollars, the salary fessional career, but I am governed by what I believe my services are of m eruLerR of Congress was $3,000. The salary of m~hers of Con- worth. Now, while I may not be as valuable in the Senate Chamber gress Ila.s Lceu raised from three to five thousand dollars ; the sala- as some other and wore distinguished men, yet I believe that I am ri es of the clerks remain where they were fixed in 1853. Now, if we wortil to the State of Texas, in a careful attention to the interests of the are to take the bill logically, it seerus to me tilat the r eduction of the State-and no one will say that I am inattentive-the snm of $G,OOO compensation of clerks above 1,200-I think the bill cuts down 10 a year. I know the fact, and it is well known to the people of Tox a , 11er cent. those above $1,200-then our own compensation should be that when at home my income from my profession is more than double 10 per cent. below· what it was when thee salaries were fixed. That that money. I am losing money by being here, but I agreed to come would make it ·2,700. If the other Honse desire to fix the compen- here for that amount. W'hile I would not vote for an increase of the sation of memuers of Congress a,t 4,500, although I think it is too sala.ry of a member of Congress, I would not vote for a decrease of it. low; if they put that value on their own services and on ours also, I I have never yet heard throughout the length and breadth of the do not sec why we may not consistently agree to that part of the bill State of Texas, which I represent in part, tbe slightest objection to while we resist the reduction of these salaries which are the samo paying a member of Congre ~ ,000 a year, because that Atate is now as they were when oms were only three-fifths of what they magnanimous and generous and her people expect and believe that a are. man should be paid according to the value of his services; and if a Mr. SHERMAN. I for one say to my friend tilat, if the Honse of man is worth being in the Senate, if he ought to be Ilere at all, Ile is Representatives insist on the reduction of the p0,000 and for adhering to the bill - The next amendment wa-S in lines 56 and 57, to increase the appro- as reported from the House in that respect. In that I should con- priation for salary of acting assistant doorkeeper from $1,800 to cur with him. Upon other portions of the bill, so far as I have had $2,592. time to examine it, I would vote against the amendments offered by The amendment was agreed to. the committee of the Senate, and he would vote for them. The next amendment was after the word" dollars," in line 57, to The PRESIDING OFFICER. 'l'he question is on agreeing to the strike out the words : amendment reported by the Committee on Appropriations, which has Chief messenger assisting Doorkeeper, $1,800. been read, in lines 10, 11, 12, and 13, striking out "thirty-three" and And in lieu thereof to insert: inserting "seventy," and striking out all after the word ;'dollars." The amendment was agreed to. Three messengers, acting as assistant doorkeepers, at et,BOO each. The PRESIDING OFFICER. The reading of the bill will be pro- The amendment was agreed t.o. ceeded with. The next amendment was in line 61, to inctease the appropriation The Chief Clerk continued the reading of the bilL The next amend- for salary of Postmaster to the Senate from $2,000 to $2,100. ment of the Committee on Appropriations was in lines 18 and 19, to The amendment was agreed to. increase the appropriation for salary of" Secreta1:y of the Senate, in- The next amendment was in line 62, to increase the appropriation cluding compensation as disbursing officer," from $4,500 to $4,896. for salary of assistant postmaster and mail-carrier from $1,800 to 'fhe amendment was agreed to. $2,088. The next amendment was in line 19, to strike out " horse" and in- The amendment was agreed to. . sert" horses;" in line 20, to strike out" wagon" and insert" wagons;" The next amendment was in lines 63 and 64, to increase the appro- and after the word "for" to strike out the words '' his use, 500," and priation for salary of two mail-carriers from "$125 per month during i.I1sei·t ';the Secretary's office 1,200 ;'' so as to read: the session," to "$1,200 each." .And for hire of horses and wagons for the Secretary's office, $1,200. The amendment was agreed to . The amendment was agreed to. The next amendment was in line 66, to increase the appropriation The next amendment was in lines 21 and 22, to increase the appro- $2,160. for salary of superintendent of the document-room from $1,800 to priation for salary of the Chief Clerk of the Senate from $2,500 to The amendment was agreed to. $3,000 ; and a.fter the W()rd " dollars," in line 22, to add : The next amendment was in line 67, before the word" assistant" And the additional sum of $1,000 while the said office is held by the present incum- to strike out "one" and insert " two," and to strike out "assistant" bent, ancl no longer. and insert "a.ssistants;" and in line 68, to strike out· '' $200" and in- The amendment was agreed to. sert " $440 each;" so as to read : _ The next amendment was in line 25, before the word" minute,'' to Two assistants in document-room, at e1,440 each! strike ou·t the word " and;" in line 26, after the word " clerk," to strike out the words " at $2,250 each" and insert " and ;" in line 28, after the The amendment was agreed to. word "thousand," to insert "five hundred and ninety-two;" and after The next amendment was in lines 69 and 70, to increase the appro- the word "dollars " to insert the word '' each ;" so a~ -to 1·ead. : priation for salary of superintendent of the folding-room from $1,800 Principal clerk, principal executive clerk, minute and journal cleJ:k, and financial to $2,160. clerk in the office of the Secretary of the Senate, $2,592 each. The a.mendment wa.s agreed to. The next amendment wa-a in line 71, after the word "one" to strike The amendment was agreed to. out " clerk'' and insert " assistant ;" so as to read: The next ~tmendrnent was in line 29, after the word "librarian," to strike out the words "$1,800 ;" in lin~ 30, before "clerks,'' to strike One assistant in the folding-room, $1,200. out "five" and insert "sev~n;" and in line ::n, after the word" thou- 'fhe amendment was agt·eed to. sand," to insert the words "two hundred and twenty ; " so as to read: The next amendment was in line 72, before the word "messengers" Librarian and seven clerks in the office· of the Secretary of the Senate, at $2,220 to strike out "23" and insert "20," and to strike out the words'' hUn- each. dred and twenty-five dollars per month each during the session" and The amendment was agreed to. insert " thousand four hundrecl and forty dollars each;" so as to read : The next amendment was in line 32, to increase the appropriation Twenty messengers, a.t $1,440 each. for salary of clerk of printing records from $1,600 to $2,2-.JO. Mr. ANTHONY. I move to amend the amendment of the commit- The amendment was agreed to. tee a.fter line 72, by makin9: the "twenty" read "twenty-one," and 'J'he next amendment was in lines 33 and 34, to-increase the appro- after the word "messengers ' inserting "one of whom shall act as up- priation for salary of five clerks in the office o£ the Secretary of the holsterer under direction of the Sergeant-at-Arms.'' Senate from $1,800 each to $2,100 each. That is to retain in service here a messenger who acts as uphol- The amendment was agreed to. st.e rer, which is very necessary in this large number of rooms, for car- The next amendment was in line 35, to increase the appropriation peting and for chairs, &c. The Sergea.nt-at-Arms, whom I have for salary of keeper of the stationery of the Senate from $1,500 to consulted on the subject, has no doubt it will be an economy. Oth- $2,102.40. erwise the same service will have to be obtained from without at The amendment was agreed to. much greater expense. The next amendment wa~ in line 37, to increase the appropriation for The amendment to the amendment was agreed to. salary of one messenger in the office of the Secretary of the Senate The amendment, as amended, was a~reed to. from 1,200 to $1,296. - The Chief Clerk continued the readmg of the bill. The amendment was agreed to. The next amendment of the Committee on Appropriations was The next amendment was to insert after line 37 the words: in line 76, to inctease the a.ppropriation for salary of chief engineer Four laborers in the office of the Secretary of the Senate. of the Senate from $1,800 to $2,160. . The amendment was agreed to. The amendment was agreed to. The next amendment was in line 77 before the word " assistant" The next amendment was to insert after line 38 the words: to strike out "two" and insert" three;" and in line 78, after ''thou- One special policen:.an, $1,296. sand," to strike out "two hundred" and insert "four hundred and The amendment was agreed to. forty ; " so as to read : The next amendment was in line 41, to increase the appropriation Three assistant engineers,""at 1,440 each. for salary of secretary to the Vice-President from $1,800 to $2,102.40. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 80, to increase the appropriatim_; The next amendment was in line 44, to increase the a.pproptiatiou for salary of assistant engineer in charge of the Senateelevatorfrom for salary of clerk to the Committee on Finance from $2,200 to $2,220. $1,200 to $1,440. The amendment was a.greed to. The amendment was agreed to. 3492 CONGRESSIONAL RECORD-SENATE. JUNE 2, The next amendment was in line 81, to increase the appropriation The next amendment was after the word "dollars" in line 110, to for salary of two fir men from 900 each to 1,095 each. strike out the words: The amendment was agreed to. And the Sergeant-at-Arms of the Senate is hereby directed to advertise in one of The next amendment was in line 82, after the word "each" to in- the ,OOO. That is correct, is it not 'I propriation Committee was to discharge. We have stood by it. If Mr. SHERMAN. It changes the salary after the 4th of March. we were right then, we are right now. Hence, I say, we onght to Mr. LOGAN. It changes the salary, but the committee of the Sen- appropriate money in accordance with the law requiring the money. at.e move to strike out the words which change it, leaving it at If the law is wrong, we ought to repeal the law, but not reduce ap- $50,000, as fixed by law, propriations when the law requires the amount of money allowed to Mr. INGALLS. It does not change the salary of the incumbent. the persons, no matter whether officers, contractors, or others, enti- Mr. LOGAN. Not at all. I understand that. Of course it does tled to it. Their personality makes no difference. Yon leave the not change the salary of the incumbent. I am not speaking of that. amount in excess of the appropriation as a claim against the Gov- That we have no right to do under the Constitution. I am speaking ernment, to produce litigation and trouble; and that is all that it of the law as it exists, applying to the present incumbent and to his amounts to. successor. . Mr. McMILLAN. Mr. President, I think this is a very striking Mr. MORRILL, of Maine. If the Senator will allow mo, the bill illustration of the vice of introducing positive legislation into an as it came from the Honse provides at the rate of $50,000, as estab- appropriation bill. This bill as it comes from the House appropri- lished by law, up to the 4th of March. ates, as I understand, at the rate of 50,000 for the President's salary Mr: LOGAN. Certainly, up to 1877 ; and then after that at the during the present year, and subsequent to that reduces the appro- rate of $25,000. priation to the rate of $25,000, and in the same clause of the appro- .Mr. MORRILL, of Maine. Of course, that does two things. It re- priation bill is a positive legislative provision that on and after the 4th peals the present salary, and contemplates establishing another sal- of March, 1877, the salary of the President shall be 25,000 per annum. ary. 'fhat is a. question not within the jurisdiction of the committee. We have here affirmative legislation upon a matter distinct from It ib impossible for us to consider that question any way. We could the appropriation bill. Wehave pending in the Senate now the veto 1876. OONGRESSIONAL REOORD-SENATE. 3497 of the President of the United States upon a bill embracing the sub- This, now, is the first opportunity we have had, excepting the bill ject-matter of the President's salary, and that is to come up before the that passed a few days ago and which has been vetoed, of restoring the Senate for its action. This same provision now is introduced into this law to what it was formerly as to the President, of going ba.ok to the appropriation bill, and if it is retained there, a majority of the Senate law as it existed before the condemnation of the act increasing these can pa.ss this provision, and the President will be required either to salaries. It is true that our bill bas been vetoed, but for the life of approve that law or to veto the whole appropriation bill. There is me I cannot see why the simple fact that the President has vetoed it an instance of coercion brought to bear upon the Executive which should make a change in the opinion of any Senator who voted for never should be tolerated by the legislative body of the Government; that bill. I voted for the decrease of salary. I voted for it for the and, for one, it would be astonishing to me if the Senate of the United simple rea-son that I considered that that whole act was condemned States should ever consent to such a provision as that. by thevoiceof the people, and I cannot see the reason why we should I voted against the reduction of t.he President's salary when that not repeal the other objectionable portion when we have the oppor- bill was here before. I shall vote in favor of sustaining the veto of tunity. That opport.unity came a few days ago. I voted for the re- the President upon that bill. I have no doubt upon what the policy duction of the salary, and I cannot see now why I should change my of the Government should be in regard to the salary of the Presi- vote. If it was right then, I think I ought to give the same vote dent; and so far as I am concerned I act upon what I consider to be now. When that bill shall be presented for action which has been sound judgment in fixing that salary. But independent of that ques- vetoed, I will vote to pass the bill notwithstanding the veto, and for tion, it seems to me that this is a striking instance of the viciousness the same reason I shall vote now as I would vote on that occasion and of this kind of legislation, and I do hope that it will not meet with as I voted before. approbation in the Senate. Mr. HAMLIN. Mr. President, I gave my vote, which was in ac- Mr. MAXEY. When the bill reducing the President's salary to cordance with my judgment, against tho bill reducing the salary of $25,000 was before the Senate, I voted for the reduction. Among the the President of the United States; and it was a matter of grati:fica- reasons which I had, and which I believe I gave, wa-s that the in- tion t.o myself when his objections to that bill were received here in crea-se was ta.oked to an appropriation bill, and that the Congress of this body. I felt thankful that the President had the independence the United States had swept off a-s far as was within its power all the to veto that bill, and to state, in the manly, straightforward manner ba.ok-salary law. Here we had the opportunity of bringing the law in which he did, the reasons for his objections. I have read the back to what it was aforetime by making it operate on the President newspapers, sir; they furnish us a variety of information in these fromandafterthe4thofMarchnext. Ivotedtheninthatwaybecausei days upon all subjects, and they teach a high code of morals, a-s they thought it right, and I shall vote again in the same way. say; but I have not seen in any press of any authority a single word The Appropriation Committee of the House, it occurs to me, made that ha-s not commended the veto message of the President of the the appropriation correctly, making the appropriation, as will be seen United States. I have seen in many democratic papers-I do not see by reference to the part proposed to be stricken out, at the rate of so much of those as I do of those who harmonize with my own opin- 50,000 per annum up to and including the 4th day of March, and ions-but I have seen no objection anywhere; and, broadcast over from and after that date at the rate of 25,000 per annum. It will be the land, there has come to be, so far as anything can be universal, a borne in mind that the bill reducing the President's salary to $25,000 universal approbation of that veto message; and why'/ Because passed both Houses of Congress, went to the President, was returned $50,000 is a paltry sum for the Chief Executive of this country. He to the House where it originated with his objections. The bill, then, is the man to bestow the hospitalities of your nation; and there is is simply held in abeyance for the a.ction of Congress, which has a running through the minds of all our gooll people a respect for the right to pass the bill over t.hat veto by the vote of two-thirds of ea.oh Government; and they want to see those hospitalities in a moderate House. Now suppose that bill does receive the vote of two-thirds of degree bestowed. They produce their impression upon the foreigner each House, then the President's salary from and after the 4th of March who comes he1·e; he knows what are the hospitalities of other gov- will be only $25,000; and yet this bill, a.s amended, wou]cl make an ernments; and the sum you ::ill'ord your Executive to bestow those appropriation of $50,000 to meet the $25,000 salary in that case. That hospitalities, which are right and appropriate, and which commend does not look to me very reasonable. Sup~ose, however, that the ap- themselves ·t o the good judgment of all men, can be discharged but propriation shall be made at the rate of $25,000 per annum and that in a very humble degree by the limited sum of $50,000. the two Houses shall fail to sustain the other bill by a vote of two- Now, to come to this question, the1·e are some reasons why this thirds. That bill would therefore fall and the law would remain as amendment ought to be adopted, and I will !!tate those: In looking it was aforetime. It would be entirely proper for those who enter- around and in casting ahead, I see that we must all exercise the tain the opinion I do about it to vote then to increase the appropri- Christian virtue of patience; we have got to live here in this hot at- ation to what · the law required; but, as I do believe the $25,000 is mosphere through the long summer months, and it may be a very right, that the bill as it passed before is right, and that it is only held good reason that this clause should remain in the bill, because we in abeyance for the action of the two Houses, as they have the con- know every one of us that it will share the same fate with the Ex- st.itutional right to act notwithstanding the President's veto, I shall ecutive that the bill separately did-reducing that salary; and in vote for the 25,000, or rather I shall vote against the amendment of that patient virtue which we all must cultivate we shall have a se- the Senate committee and sustain the same vote that I gave before, vere test of it perhaps. It will not take us more than two or three reducing the salary to $25,000. weeks longer to originate another appropriation bill and pass it Now it is said (and the Senator from Minnesota makes that point) through this body after this shall have been vetoed by the President. that a portion of the clause stricken out proposes original, substan- I assume he would do it; he cannot do otherwise. We may as well tive legislation, that from and after the 4th day of March, 1877, the see that and look it in the face. salary shall be only 25,000. In so far as that part of it is concerned, Upon a bill which contains nothing but the express provision of I do not think it ought to be t.here, because a p1·oper bill was reducing that salary, I can see no rea.son why a man who voted for passed in both Houses and sent to the President for his signature, that bill should vote to sustain the veto; but when we see the rea- vetoed by him, and that bill does settle the question as an original, sons which the Executive has given, and the reasons which will substantive bill in and of itself properly coming before the two Houses compel him to do the same thing with this bill, I ask if it is wise, I ask for their action; and that is the way the question should be settled. if it is statesman-like, I ask if it is of any earthly use to pursue this Mr. ANTHONY. Mr. President, we have just decided, and I think course Y It ml\y be gratifying to individuals to put this clause here. properly, that our compensation shall be 5,000 a year, which is one- Butforwhatgood 'I Cuibonof I should like very well to know what fifth of the compensation of the President of the United States. When good it can do. It can do no earthly po sible good. It does seem to the compensation of the President was fixed at 25,000 the compen- me, therefore, when I come to the reasons which would control my sation of members of Congress, I think, was less than $1,500 a year. vote not to put it in, that, for the reasons which I have stated, I • The Senator from Ohio can tell me. would not vote for the provision, because I do not believe in it, and Mr. SHERMAN. Six dollars a day. therefore I shall vote to strike it out. But if I held the opinion Mr . .ANTHONY. Then certainly the original relation between the which other Senators do and were in favor of reducing the salary, I President and members of Congress as to salary was fixed at about would not :vote for it here, bot I would vote for it and meet it in a ten to one, and now we propose to make it five to one. distinct proposition by itself. I would do so because we are admon- Mr. KELLY. Mr. President, on the 3d of March, 1873, in an ap- ished of what must necessarily be the result if it is put in here. propriation bill, the salary of the President of the United States was I hope the Senate will have the wisdom not to load this bill in this increased from $25,000 to 50,000; the pay of Senators and members way. of Congress wa increa-sed from $5,000 to $7,500. I suppose that every Mr. CLAYTON. When the proposition to reduce the President's member of the Senate has a very vivid recollection of the condemna- salary was before the Senate originally, I voted for it; and when tion of that portion of that appropriation bill. It was so severely that proposition comes before the Senate again to be considered in condemned that two or three bills were introduced into the Sen- connection with the President's veto, with the lights now before me, ate and I suppose half a dozen into the other House on the very I shall vow again for the proposition to reduce the salary. But it first day of the next session, to repeal that portion of the law which seems to me that the proposition is one which now r equires a two- increased the salary of members of Congress. Nothing was ~ ~irds vote of this body. Until that two-thirds vote is had and the about that clause which increased the salary of the President, fo~ :proposition is disposed of, I should regard it as an improper thing to simple reason that it could not be constitutionally decreased, the Con- anticipate what the Senate may do or may not do by a clause in an stitution providing that the salary of the President shall be neither appropriation bill. I say that I shall, when that proposition comes increased nor diminished during his term of office. If it could have up in its proper shape, vot-e to decrease this salary; but until it is ~een repealed in toto, unquestionably it would have been done. determined by a two-thirds vote of the Senate that the salary shall • 3498 CONGRESSIONAL R.ECORD-HOUSE. JUNE 2, be reduced to $25,000, I cannot vote for a proposition of this charac- people are placed and on the south side are the people of Texas, ter in an appropriation bill. against whom they have entertained a long hostility. Mr. WEST. The Senate bas now been in continuous and diligent The selection of that reservation, Mr. Chairman, wa most unfor- session for five hours, and bas made more than ordinary progress on tunate; unfortunate for the people of Texas and unfortunate for the an appropriation bill of this character. Tho weather is warm, and good of the Indians, if they were to be benefited by the selection. As there is a proposition now pending here upon which I presume many stated by the officers of the United States Army who have been placed of our colleagues, not anticipating it to-day, would be glad to put in contact with these Indians on onr frontiers, the Comanches have themselves on record. I move, therefore, with a view to give them bad foT long years a feud; indeed it bas become traditionary with an opportunity to do so, that the Senate do now adjourn. them that there is a fend between them and the people of Texas as Mr. HOWE. I want an executive session. irreconcilable as were the feuds between the ancient Carthagenians Mr. WEST. I will change my motion and move that the Senate and Romans. The officers of the Govemment have so reported this proceed to the consideration of executive business. fact to the Army. It stanrva- Mr. ]\.fiLLS. I do not propose to consume half of the time given tions, seize the criminals, and turn them over to the civil authorities of Texas, aUtl me by the committee; and I would not claim any of the valuable that the Indian D epartment withholu ration and supplies from tho Indian trihe time of the House at this late day but that matters involved in this concerned until prisoners, stook, and other property captured in these mirls b ~ Inuian appropriation bill are of local interest to the people whom I returned to the Indian a~ent. represent. I shall consume but a few moments of the time of the 1\Ir. MILLS. Now, Mr. Chairman, that is the report of GeJlCr:.L~ committee and will yield the remainder of my time to my colleague, Pope for 1870, 1871, and 1872, I believe. I send up another report to Governor THROCKMORTON. Clerk's desk aud ask that the paragraph markeu bo read. It iR I desire to call the attention of the commit.tee to the condition ~ m the same officer. Texas in regard to the reservation at Fort Sill. There is an Indian ·· The Clerk read as follows: reservation immediately upon the confines Qf our State. The bound- ary t·hat divides that reservation from tile people of Texa-s is _Red The Arapahoes have, almost to a man, been peaceful timing this year. The Chey. eunes as a body have. I believe, also been Ileaceful, thongh some of their young men River. On tho northern side of Red River is a reservation on which comruittctl surue depredations, a.Ull prol.Jablv m1.u·uore•l one ot· two mon in th_o. ~,Jarly the Kiowas and Comanches and other tribes of Indians hostile to our part of the summer. • 1876. CONGRESSIONAL RECORD-HOUSE. 3499 The Kiowas bnve b een altogt-ther the worst Indians we have bad to deal with. to the settlements of Northern Texas, and where there is but one 1 think it almost certain that nearly all, if not quite all, of the depredations and military post within one hundred and forty or one hundred a nu fif ty murllers committed :south of the A.rkan as River since May 1 are to be char~ed to miles, and then a distance of seventy-five miles before you r each au- this t.ribe. Th ey are now, a t hey have been for twenty-five years past, the most other military post-these Indians cross the Red River, go along the faithl ess, cruel, and uureltahle pf all the Indians of the plaQ:ls. The Comanches have joinecl them , howev r, in the dl'predn.tions committed in Texas, which these border of Texas from Red River to the Rio Grande, pass between t he. Indians can never be made to underst'l.nd is embraced in any treaty with them. military post s, commit their depredations, and return again t o their The Tev,s sett.lements are nnd have always been considered by the Indiansleuiti- mate prev, and they cannot be made to under~tand that. any treaty restrains tl~em plains almost before they are known to be off their reservations ; a t least that is the system which has heretofore prevailed under t.be as against th e settiements of that St.ate. I tl1ink the location of t.hese reservations alon~ the northern line of T exas was hardly judicious. Under the circumstances, agents having them in charge. which are known to every officer familiar with the hiRtory of these Indians, the Texas has for long years sufferetl from these depredat ions. Defore farther from Texas these r eservations could be located the \Jetter. Ravin~ estab- the war the State of Texas kept regiment after regiment of troops in li bed the reservation where it is, it wonld :::>erbaps be impolitic to remove it; but the field, in audition to the troops furnished by bhe United States, for the military force st,tioned at Fort Sill ought, under the peculiar circumstances, to be invest.e.d w1th much greater jurisdiction o•er the Indians there than is now the protection of her frontier. I need not remind this House that be- theca e. It is not necessary, however, to add anything to what I have already said on this subject. fore the war, under the administration of General Houston, a man recognized throughout the length and breadth of this country a~ a Now, Mr. Chairman, it will be seen that General Pope says in that friend of the Indians, these depredations were so constant and t errible report that the selection of Fort Sill was unfortunate. He says that that he was obliged to call upon the Legislature of that State, and he the Comanches are too closely Rituated to the State of Texas. He was furnished a regiment of troops for the purpose of protecting the says that they cannot.be made to understand by any number of trea- frontier. No man in Texas or out of Texas who knew the character ties which may be made with them that they are bound to regard of General Houston and his long endeavor to subserve the interests treaty obligations so far a~ the people of Texas are concerned. If ·Of the Indian can believe for a moment that he was a ctuated by any this is the conviction on their minds, it is wise in us, if that convic- other motive than a desire to properly manage the Indians and pro- tion cannot be removed, to remove them as far away from the people tect the people of Texas. of that State as it is possible for them to be, to prevent them from During the war, as a matter of course, Texas had to defend her waging war upon us. borders herself, for the Confederate States could furnish her no as- There is one other measure I ask the committee to a-dopt as a. pre- sistance. And since the war, for the first few years, notwith standing cautionary measure for the protection of our people, and that is that the bordor was crimsoned with blood and all the streams of our coun- tho Commissioner of Indian Affairs shall prohibit the Kiowas and try were _d yed with the blood of our citizens, we were not permitt ed Comanches and the affiliated bands from crossing the Red River at aU. by the Federal Government to defend our people, but were prohib- I hope, Mr. Chairman, the gentlemen will not understand that this is ited by an act of Congress from putting troops into t he field for that a cruel measure toward these people. It is not asked in any spirit purpose. of revenge. It is not asked to gra.tify any revengeful disposition on Later, however, when better counsels prev.ailed, the State was per- the part of the people I represent. It is asked simply as a measure mitted to ,put troops in the field for the parpose of protecting her cit- of safety to the lives, liberty, and property of my pecple. It is just izens against the murders and robberies of these Indians, and in tbe such a measure as we ha-d to adopt toward the Sioux of the North- la~t few years she bas incurred a debt for this purpose and paid out west. They were at one time granted leave to pass beyond the southern money to the extent of. a million of dollars. boundarie~of theirreservations and hunt the buffalo on the headwaters Mr. REAGAN. A million and a half of dollars. of the Republican River, but this right which was granted to them Mr. THROCKMORTON. And by the a~sistan ce of the troops of for the purpose of induJgiug their desire for the chase wa~ perverted, the United States and the valor a.nd vigilant conduct of our own vol- as the Indians always pervert these privileges, to make war upon those unteer troops we _have to-uay, for the first time in a quarter of a cen- whom they understand have taken from them their land and coun- tury, more peace and quiet on the- border than eo;er before. It is a try. They understand that the white people have taken their coun- historic fa.ct, as stated by my colleague, [Mr. MILLs,] that the Co- try from them; they understand that their fathers owned all the land manche Indians believe it to be their duty as well a.s their interest to from the Atlantic to the Pacific Oceans; their traditions th-1t are keep up a constant warfare on the people of Texas. banded down from lip to lip tell them that they have been despoiled Now, one word especially in regard to the suggestion made by my of their inheritance, and they still cberish in their bosoms a spirit of colleague that these Indians should be removed to the Baxter Spl·ings revenge, and will indul~e itM gratification whenever the opportunity reservation. A little more than fifteen months ago General McKen- presents itself, whether 1t be against the people of the North or South. zie and other officers of the.A.rmy, with the volunteers of Texas, drove It is n ecessary, if we desire to act in the spirit of philanthropy, that these I ndians, after many skirmishes and after much loss of life we shaH so restrain them that it shall be impossible for them to grat- among the troops of the United States and the volunteers of Texas, ify their brutal and savage a.Ppetites. to their strongholds, where they made a last st and. In the various Now, I ask that .the Comnnssioner of Indian Affairs shaJl issue his battles and skirmishes that took place there some 3,000 of them were order, and shall enforce it, prohibiting the Kiowas and Comanches, and captm·ed. I n the Indian appropriation Lill of the hst session of all bands affiliated with them, from crossing Red River, just as the Congress the sum of $300,000, I believe, was appropriated for the Sioux were prevented from crossing the southern boundary of their purpose of feeding and clothing these 3,000 captured Indians, upon reservation under the pretense of bunting buffalo on the Republican the condition that they should be removed from this Fort Sill reserva- River, when they really went for the purpose of stealing the property tion that had been set aside for them, and placed upon the Baxter of the people1 and in many instances committing much graver crimes. Spriugs reservation, and they were removed there and are there to- The e Me s1mply police regulations that I propose for the protection day, as I understand. of the people I represent. I have no disposition to injure the Indians. We now propose, a a measure of pea.ce and economy on the part of I would do all I could to help them; because if you do not restrain the Government and of justice to the peoplo of Tex as, that all of them fi·om the commission of these crimes the result will be that they these other t.ribes of Indians shall be removed to the Baxter Springs will go on the war-path and numbers of them will lose their lives. reservation. I would not have my friends from Missouri and Karisas More than one hundred of them have been slain in my State in conflicts believe for a moment that we desire to put these wild hordes upon their between the Inruans and the people during the last few years, as re- borders so that they may depredate upon their constituents. Such ported by the adjutant-general of the State of Texas. If they are would not be the resnlt. lf ·they are placed upon the Baxter Springs allowed to carry on their predatory warfare, it will result in an ex- reservation they will be in the midst of semi-civilized Indians upon termination of the race. the borders of Missouri and Kansas. T~y would . not for n. moment The course proposed by me will enable you to ca.rry on your policy think of going into those densely populatf}d sections for the purpose of improving his condition and of elevating him in the scale of C-ivil- of depredating upon the people of t hose States; they could not go ization. You know very well, gentlemen, that permjtting him to west ward without going through the country of the Cherokees, carry on this continual predatory warfare retards his progress in Creeks, Osages, and other semi-civilized tribes. civilization. I ask this measure in the int-erest of the people whom But situated as they are to-day upon the border of Tex:ts, they can I represent. I urge you to remove them from the Fort Sill reserva- cross the Red River and go along down through t hose widely scat- tion to the tnore distant one, and that the Commissioner of Indian tered settlements and between the military posts, and commit their Affairs shall order that they shall not be permitted to cross Red River flepredations and retnrn before it is known they are in the country. nuder the pretext of hnnting btlffaJo, but really for the purpose of As a measure of. economy to the Government, as a- measure of justice hunting the cattle and horses of the people. I yield t-h e residue of to our people, and as an act of humanit y to the Indians themselves, my time to my colleague, [Mr. THROCKMORTO :r.] this policy should be pursued. Mr. THROCKMORTON. I propose to add a word or two to the It is to be hoped that in the passage of this bill the Commit tee of remarks of my colleague who has just spoken in favor of the amend- the Whole and the House will r emember that it is better for t.bese ments be proposes. Those who are acquainted with this Fort Sill Indians that they should receive their rat ions for short periods of reservation know that the reservation is upon th-.3 borders of the set- time-for not more than a week at any one time-and that tbe.r tlements of the State of Texas. The reservation covers a very large should always be required to answer to the roll-call, every one of scope of territory. And upon that reservation are situated the Arap- them, or be accounted for satisfactorily, before any r ations should ahoes, Cheyennes, Kiowas, Comanches, Wichitas, and other tribes be issued t.o them. known as the affiJiated bands, a very la-rge number indeed, I suppose Under the policy that has heretofore obtained, rations have bPen embmcin~ some eighteen thousand, located within what is known as issued to theso peoplo at long intervals and in great quan t ities, so as the Fort tiill reservation. to be destructive to their interests and :.~ was te of the uonu t.y pro- These Indians, situated as they ~ t:mm~dt\l.telr in c~ose :pro~imity . vided by t he Government for their support and maintenance. This 3500 CONGRESSIONAL RECORD-HOUSE. JUNE 2, system, I fear, has operated also to the enrichment of those whoh:\ve T exas, [1\Ir. MILLS.l Have we anthorit,y to remove these willl tribes had the Indians in charge. among the civilized tribes without the consent of t.he latter 1 Shall I have on my desk, but I will not trouble the committee with read- we not in rloing so break treaty stipulations t ing, a report made by an officer of the ArmY in 1869, embracing the Mr. HANCOCK. I do nottbinkthatque:rtion arises. When it does, testimony of agents, sub-agents, parties employed about the agencies, it will be then time enough to consider it. and interpt·eters to these various Indian tribes. This evidence shows Mr. MILLS. Tho wild Comanches of the plains a!'e now at the Bax- that from week to week, from month to month, and from year to year, ter Springs reservation, where we want thPse other Comanches and these Indians, fed by the Government, received arms and ammuni- Kiowas now at Fort Sill reservation also to be removed. tion; that they left their reservation without any let or hinderance, Mr. GUNTER. I should like to ask my friend from Texas a ques- went down into Texa8, brought back the scalps of women and chil- tion . dren, brought back captive women and children, as well as multiplied Mr. MILLS. Certainly. thousands of head of stock to their reservation. These things w~re Mr. GUNTER. What is the extent of the Baxter Springs reserva- a matter of notoriety. The Indians held their war dances aro.u nd the tion' agencies; they invited neighboring tribes to witness and participate Mr. MILLS. I c3Jlnot answer, nor can I give the extent of the in the proceedings. · Fort Sill reservation ; but I underst probable cost of this removal. Mr. BLAND. I do. Mr. MILLS. I have not made any estimate of the cost; it cannot The CHAIRMAN. The gentleman will state it. be a great deal. The Fort Sill reservation is in the southwestern part Mr. BLAND. I rise to a point of order on the amendment of the of t he Indian Territory and the Baxter Springs reservation in the gentleman from Texas that it does not come within the rule. In nol'theal\tern part. other words, it changes existing law, and at the same time is not in Mr. RANDALL. It seems to me that under treaty stipulations the line of retrenchment. these Indians have a right to be where they are. I not only feel un- Mr. MILLS. What existing law does it change 7 able to accept the amendment on the part of the committee, but I Mr. BLAND. I understand there is a law or treaty with these In- mnst resist its adoption. The treaty of Octobor 1, 1867, provides, I dians, and it certainly does change that, and without the consent of believe-! ask the gentleman from Texao whether it does not-that the Indians. Not only that, but it interferes with other tribes of In- t hese Indians shall be where they are. I am unwilling to violate the dians settled upon this re3ervation under existing treaties and laws. stipula tions of that treaty. · Mr. RANDALL. With permission of the committee I will a.sk the Mr. MILLS. The amendment merely provides for the removal of Clerk to read article 2 of the treaty of 1867 with these Indians. these Indians to the Baxter Springs reservation. Mr. MILLS. I say the point of order comes too late. Mr. SEELYE. I understood the chairman of the Committee on The CHAIRMAN. It is not too l ate to raise the poiut of order at Appropriations [Mr. RANDALL] to raise a point of order on this amend- this time. The gentleman from Missouri bas risen to a point of order ment. on this amendment. Mr. RANDALL. I did not nrise any point of order, but I said that Mr. BLAND. I wish the :uticle of the treaty with these Indians to t hese Indians are where they are under the stipulations of t.he treaty be read in connection with the point of order. It will involve an ex- of October 1,1867; and I o not deem it proper to interfere with their penditure of money to remove these Indians. rights and remove them among other Indians, who perhaps do not Mr. RANDALL. I ask the Clerk to read article 2 of the treaty. want to be assimilated or associatetl with them. I therefore resist The Clerk read as follows : . the adoption of the amendment. .ART. 2. The United States agree» that the followin g district of country, to wit: Mr. SEELYE. I quite agree with the chairman of the Committee commencing at a point where tlie Washita River cro~ses the ninety-eighth m eridian on Appropriations; but, in addition to that, the amendment seems channel west from Greenwich; thence up the Washita River, in the micldle of the maill thereof, to a point thirty miles, by rber, west of Fort Cobb, u.s now estab. to m e contrary to the rule, a.s it is new legislation and is not in the lished; thence due west t.o the north fork of R ed River, provided Said line trikes interest of retrenchment. I supposed the gentleman from Pennsyl- said river east of tl1e one hundredth m eridian of west lon!Ptudo ; if not, then onl y vania bad raised that point of order. to said m eridian line, and thence sonth, on said m eridian hne, to t he said north forK Mr. RANDALL. That did not occur to me at the time. I oppose of Rei!. Ri>er; thence down said north fork, in the middle of the main chann el thereof, from the point where it may be first intersected by the lines above do- the proposition on its merits. scribed t.o the main Red River; thence down said river, in th e midd le of the m ain Mr. MILLS. It is too late to raise the point of order after the channel thereof, to its int.ersection with the ninety -eigh t h m eridian of longit ude amendment bas been discussed. west from Greenwich; thence nort.!J. on said m eridian line, to t h e pla.ce of begiB· Mr. HANCOCK. I wish to ask the chairman of the Committee on Ap- ning, sh::Ul be, and the same is here by, s et apal't f or tho absolu te and undis turbed propriations whether he is quite sure that be is correct in his statement nse and occupation of the tribes h er ein n amed, and for such othl\r fri endly t ribes or individual Indians as, from time to time, they may be willing, (wi th t il e con en t as to the treaty ~naranteeing to these Indians thir!l particular localityY of the United St.ates, to admit among them; and tho United St n.tes now solemnl.v I think he will tind he is somewhat mist aken. I am not very posi- a~ees that no persons except those h erein authorized so to do, and excep t sncb t ive ; but I think under the treaty these Indians are entitled to a lo- officers, agents, and employes of t he GovE'rnment as m ay b e authorized to enter upon Indian r ooervation in discharge of dntJes enjoined by law. shall e \ er bo p er- ca t ion on a r eservation within the limits of the Indian Territory; but mitted to pa.'lS o>er, s ettle upon, or reside in the territory d oom·il,ed in t his articl"l, I do not think the treaty specifically indicates this pa.r ticular locality or in such t~rritory as may be added to this r eservation, for the use of said In- as t he one which they at·e entitled to occupy. dians. - 1\lT. RANDALL. I will send for the treaty. Mr. MILLS. I wish to ~k the gentlem~~ from Pen~sylv;tni:lt Mr. FRANKLIN. I ·wish to put a question to the gentlem~.n from whetber that r efers to this reservation f 1876. CONGRESSIONAL RECORD-HOUSE. 3501 Mr. RANDALL. I understand these Indians are on thR.t reserva- In fact the gentleman from Pennsylvania, [Mr. RA..rmALL,] who ma.de tion as laid down there, and t.hat the treaty not only restricts them objection to the amendment upon the ground of its merits, stated to to that territory, but provides that nobody shall interfere with them. the committee in the hearing of the Chair a few moments ago that Mr. MILLS. I wish to ask the gentleman further! does h e under- he had omitted to raise the point of order at the proper time. There- stand that the Congress of the United States has a1Jy power to make fore I submit that although the point of order might J;e well taken an y treaty wit.h any people in the world ~o put them on this territo~y otherwise, inasmuch as it comes too late, it is necessarily the duty of h elonging to the Creeks, Chocrtaws, Chickasaws, and Cherokees Jn the Chair to rule the amendment in order. •iola.tion of the treaty with them Y 'l'he CHAIRMAN. The Chair desires to remind the gentleman that Mr. RANDALL. That is a question of law, and of Indian practice points of order on this bill were reserved before its comm: ttal, and p erhap,.;, with which I am not as famili ar as the gentleman from that all points of order are pending on the bill all the time. T exas. I am neither a lawyer nor have I been brought in immeiliate Mr. O'BRIEN. But the Chair will perceive that although all points contact with these Indians. But I do know what good faith is; and of order are necessarily subject to the decision of the Chair, having I do understand that when the United States gave to theso Indians a been reserved before the bill was referred to the Committee of the spr cified t erritory, when they r emain upon that territory under the Whole, it is necessary, under rulings which have been made time out terms of the treaty they OUO'ht not b y Congress, without due and of mind, and so often that it would be hardly wor th while to quote full consideration and for fnfi and valid reasons, to be disturbed. them, that the point of order when taken must be taken before the Mr. MILLS. If the J:tentleman from Pennsylvania knows wh~t is amendment is discussed; because it wouhl be folly that an amend- good faith, be ought to know that the Government of the Umted ment should be proposed to a bill of this character in committee and States had no right to t.ake that territ ory from the Choctaws and after an ela.borate discussion on the merits of the amendment it should Cherokees and the Cref.'k Indians aud gi ve it to the Comanchesand fall to the ground because it would still be in time to raise the point Kiowas. They had no more right to give them that territory than of order that it changed existing legislation or wa~ not germane. they had to give Philadelphia to them; not a particle. And it was Mr. HOLMAN. I desire to say a single word on this question. a violat ion of the rights of those Indians to make that contract with The disposition of the point of order simply settles the right of the the Comanches and Kiowas. member to offer the amendment, as in the case o f every other matter Mr. RANDALL. It is a treaty made at Medicine Lodge, in Kansas, brought before the• House; and it has been uniformly held that the with the Indians, and this is the first time I have heard that the point of order as to whether the subject was rightly before the Hou e United States did anything in that mat ter which they had not aright must be made before debate. After consideration, even the >ery to do. They certainly did it in good faith and for the peace both of briefest consideration, it has been uniformly held that the point of the Indian and of the white, and for the safety of the citizen. order cannot be made. The point of order in this case would of cour e The CHAIRMAN. The Chair desires to remind the committee that be well made if made in time; but certainly it is now too late to the gentlem an from Missouri [Mr. BLAND] bas raised a que&tion of make it. order upon this amendment, and to that the Chair desires members Mr. SEELYE. In reference to the objection maue by the gentle- to speak, and not upon the merits of the question. If any gentlemen man from Maryland [Mr. O'BRIEN,] that the point of order was made desire to discuss the point of order the Chair will hear them. too late, I will say that I rose to present this point of order immedi- Mr. BLAND. I had the statute read in order to sustain the point ately upon the offering of the amendment. But I understood the of order, and no one will dispute that this statute is law, and that chairman of the Committee on Appropriations to raise it himself. In this amendment will change it, and that it will require an expendi- the confusion I did not distinctly hear his remarks, but suppo8ed t.hey tnre of money to remove these Indians and to support them on this related to the point of order. Otherwise I would have presented the reservation ; so that, instead of its being in the line of retrenchment, point of order before any debate took plaoe on the amendment. the amendment is in the line of expenditure, and is unjust toward The CHAIRMAN. The Chair desires to state that be is prepared to these Indians on this reservation. And it changes existing law as to decide the point of order raised by the gentleman from Missouri, [Mr. th e Indians now on the reservation at Baxter Springs. It changes BLAND.] a.ll the statutes with reference to those Indians. Mr. THROCKMORTON. I desire to discuss the merits of the point Mr FRANKLIN. I desire to say in addition to what my colleague of order. [Mr. BLU.'TI] has stated, that we have no right to remove these ln- The CHAIRMAN. The Chair will hear the gentleman from Texas. dians as contemplated by this amendment to reservations occupied . Mr. THROCKMORTON. The gentleman from Missouri [Mr. BLAND] by civilized ti·iLes unless they consent to it, or unlesr. we think, in makes the point that there is an existing statute which is in conflict the exercise of that discretionary power with which we are clothed with this amendment. I would ask the gentleman from Missouri if in this resp ect, that the "Lest interests of the Indians and the Govern- he does not know that that was a contract between the Indians and m ent demand that they should be rellloved. the Government of the United States, and does he not know, and does The r~moval of these Indians f rom their present locality is not au- not the whole country know, that these Indians have violated that thorized· Ly law, nor does either justice or humanity demand it. It contra-ct from the time it was made, and to such an extent that the would not' only Le a menace to the peace and quietude of the civil- Commissioner of Indian Affairs ei~hteen months ago removed a por- ized tribes among whom it is sought to bring them, but, sir, it would tion of tbe tribe to the Ba-xter Sprmgs reserva.tion f endanger the peace and prosJ1erity of the great States of Missouri, .Mr. BLAND. I presume the gentleman will allow me to answer Kansas, and Arkansas. This policy is all wrong. his question. He asks whether it be a contract or not. Is it an ex- Wba.t we want on our border is more civilir:ation and less barba- isting law on the statute-book T As to any violation of it, that is an rism. I know it is the policy in some quarters to make the Indian outside matter. We are here considering that law. Territory the home of all the wild tribes of the plains. But I trust a Mr. THROCKMORTON. The gentleman knows that he assisted to higher destiny is in the near future for that God-favored l.:md, and make an appropriation at the last session of Congress to pay troops that the day will soon dawn that will subordinate the ~ople of what conducting a war against these Indians for violation of their con- is known as the Indian Territory to the same laws a.nd the same civ- tract. ilization that we as a nation enjoy. · Now, one word in regard to the question of the increase of expend- Why, sir, the amendment of the gentleman from Texas [Mr. Mq·..Ls] itures. This amendment is in the line of reduction. Why so'/ Be- means only that he desires to shifi; the da,nger. He desires to trans- cause you will find in the bill that there are hundreds of thousands fer it from the borders of Texa~ to the borders of Missouri and Kan- of dollars appropriated for transportation of supplies to these Indians. sas; but it shall never be done without my protest. I shall never If they are placed upon the Baxter Springs reservation, it will save remain silent in my seat and allow such an outrage to be perpetrated thou~ands of dollars in these expenditures., It is therefore in the line against my State. This is a question in which t.he people I have the of retrenchment, and hence the point of order is not well taken in honor to represent are deeply interested. We desire to see the cloud either narticular. of barbarism driven from our borders, and do not intend it shall be The CHAIRMAN. The Chair desires to state that the gentleman more securely fastened there without our protest. The great State of from Massachusetts [Mr. SEELYE] having been under the impression Kansas, between whose people and those I have the honor to repre- that this point of order was raised by the gentleman from Pennsylva- sent a reciprocity of interests exists, is also deeply interested in nia [Mr. RAl\"TJ>ALI,] at the proper time and having acted 011 that sup- this measure; and even if my own State were not involved, her inter- position, it is only jnstice to him that the point of order should now ests in this matter would cause me to protest against the adoption of be entertained. this amendment. Mr. MILLS. Does the Chair desil"o to do injustice to me in order The CHAll,.MAN. The Chair desires to state to the gentleman from to do justice to the gentleman from Massachusetts f Missouri that the discussion of the merits of the question is not now Mr. O'BRIEN. I desire to ask whether we are to be governed by in order. The discussion is now con£ned to the question of order the rules of the House or bY. the misunderstanding of any member Y raised by the gentleman from Missouri, [i\fr. BLAND.] The CHAIRMAN. The Chair will decide the point of order; he :Mr. FRANKLIN. I know the question of order is before the will not answer the question of the gentleman from Maryland, [Mr. Rouse, but by common consent I supposed we were discussing the O'BRIEN.] The Chair desires to state that good faith in the delibera- merits of the amendment. tions of this body should characterize all our proceedings, and tba.t The CHAIRMAN. The question prope-rly under discussi.;>n iH the when a member of the HoD.Me rises in his place and states that be point of order raised by the gentleman from Missouri. understood a point of order to have been raise-d or he would have Mr. O'BRIEN. The point of order would no doubt have Leen well raised it himself, the Chair must take his word for it. The Chair un- taken if taken in time, but the amendment had been offered and had derstood the gentleman from Massachusetts to so state, and upon been considered by the committee, &nd several mombers had spoken that statement the Chair will decide the point of order upon its to the merits of the amendment before the point of order was made· merits. 3502 CONGRESSIONAL RECORD-·HOUSE. J.UNE 2, The Chair will- hold in reference to this amendment that, as he un- this morning. The Indians now leave their reservation in violation derstandsit, it is a change of the existing law, and that, being a change of the spirit and perhaps the very terms of the treaty, go along down of existing law, it must appear in the second place that it is germane the frontier of Toxaa, murder ow· people, plnuder the country of hor es to the subject-matter of the bill, :md in the third place that it reduces and other stock, and return to their reservation. Having drawn tho expenditures. The Chair has no difficulty in holding that it is ger- rations which the Government furnished t!1em in the interest of peace mane, but the Chair does not see llpon the fa.ce of the proposition and humanity, and which they ought t!? consume on their re ervation, that it is a retrenchment of expenditures; on the contrary, it would they avail themselves of this Lonuty of the Government while they a.ppear that it would cost something to have this transfer made; n.nd are engaged in murder and theft on the fr<>ntier. the Chair therefore sustains the point of order, and rules the a.mend- Is there any parliamentary rule that will prevent this Congrc s, ment out. when making an appropriation to carry out the stipulations of this Mr. MILLS. I offer the following amendment, to come in at the treaty in good faith and to preserve the main objects of the treaty same place: and of our Indian policy, from carrying out that other high obliga- And the Secretary of the Interior is hereby directed and required to prohibit the tiou of preserving the lives and property of OLlr people from the law- Kiow:ta, Comnnchea, Apaches, KicE:apoo , Che~ennes, Arapahoes, Wichitas 11 nd loss depredations of 1hese Inilians who are fed by the Government f bands affiliated with them from crossing Red R1ver from the Fm t Sill reservation I submit that the point of order iR not well taken; that this amenil- into Texas, and for that purpose hall use the military force at said reaervation; merit is incident to the bill and connects itself ne.:~essarily with it, a.nd he is also directed to i;,sue rations t() said Indians for only one week at a time, and is in the very spirit of the treaty, t he obligatory law, the con- and then only to such of them 38 shall be present. tract between the Indians aud the whites. It is a proposition to Mr. THROCKMORTON. I would suggest to my colleague that compel the Indians to stay north of the Red River, on this re ervation, instead of .,aying t.he Secretary of the Interior, he say whatever De- and to compel them to be there to receive their supplies and rations. partment of the Government that shall have charge of the Indians. It is necessary to the good faith of the treaty, to the good faith of Mr. SEELYE. I submit that that amenilmentisliabletothesame the law, and to a clue observance of the law both bytheGovernment point of order made npon the last one. The provision contemplates and the Indians, in connection with the safety of the lives and the I think what we all desire and would vote for if it were presented in security of the property of our people. a suitaiJ1e form in a separa.te hill; Lnt it is new legislation, and it is Mr. KASSON. I would like for a moment- not certain but. tha.t it will cause a e not granted in the Const.itntion of the United Sta.tes. ated. The last clause of the amendment, to which I understand the I simply ask that the Indians be required t-o remain where they are, most importance is attached, (and I agree with the gentleman in that,) and as a measure for carrying out that pnrpo e that they shall be re- provides, as a meallS of keeping the Indians on the ret.ervation, that qnired to answer the roll-call once a week anrl draw their rations. In their rations ohall be issued in a particular way. The mere enact- the bill of the last session they were required to be present and ra- ment by Congress that the Indians shall remain there is a brl£Unn jl£l- tions were issued only to those present once a. week. It is the si.m- men; the Indians will not obey it. But if you provide a means for plest manner of keeping them there, becau e if you issue them rations the disbursement ()f the appropriations, so as to require the Indians once a. month, as some of the agents do, they get their mtions :tnd go to be there once a week to receive their rations, I agree that it may down as far as Noeces, eight hundred miles from t heir reservation, answer the purpose designed. I suggest that in teatl of providing and kill our people and despoil them of their property. They have that the Secretary of the Interior shall use the military force there, drawn their rat10ns, their arms, their ammunition, and a.ll their equip- the constitutionalit.y of which I doubt, the amendment should be ments, anil they go upon a campaign into Texas and then come hack confined to the issue of rations, which is certainly within the old rule home again. Now, as a precaution against these raids, we a k that regulating amendments t.o appropriation bills. they shall be required to stay en their reservations, a.nd that as the Mr. REAGAN. I wish to make a suggestion in relation to the means of that they hall have their rntions only once a week. amendment. I think it prol)a.ble that the language of the amend- Mr. REAGAN. I desire to state-- ment had better be modified so as to authorize the Secretary of th~ The CHAIRMAN. The Chair wouM remind the gentleman that Interior to require the Indians to remain upon the 1·eservation and tbe point of order _raisecl by the gentleman from Massachusetts [Mr. not to go south of Red River7 without specifying any authority on SEELYE] is pending. his part over the Army, but leaving him to control that question ac- Mr. REAGAN. I understand that, and I desire to discuss it for a cording to the ordinary practice of the Government; and with that moment, and to add a word to what my colleague [Mr. MILLS] h~ modification I think the amendment will not be subject to the point said. The clause of the bill which it is propo ed to amend makes an of order. appropriation of ·30,000 for paying inst.allment-s to the Inclians and Mr. MILLS. I accept the suggestion, and will modify the amend- for canying out provisions of the treaty under which they are set- ment accordingly. tled on the resorvation, which covors the mtions and supplies fur- Mr. RANDALL. I cannot see but that Congress has the right to nished them. The amendment of my colleague [Mr. MILLS] couples put a restriction upon the manner of the administration of this fund. itself with this appropriation in au incidental way, which I take it is I have looked through the treaty, and I see in it nothing that pre- in hurawny with the object of the bill, and with the object had in vents this. On the contrary, I find there an express provision that view by the t :eaty the provisions of which are intended to be car- these Indin.us shall remain upon their reservation. ried out by t.his bill. Mr. KASSON. That is the law now. There can be no pretense that there is any iu~ongruity between the Mr. RANDALL. But it seems to me-and I make the suggestion to proposed amendment and the portion of the bill proposed to be the gentleman from Texas who proposes this amendment-that this amended. The object of the amendment. is to require the Secretary is not an apprepriate place for it. The item now under considern.tiou. of tho Interior to take step to keep these lndia.ns on their reserva- is for the payment of 30,000 in cash, under the third article of the tiou in conformity wit.h the stipulations of their treaty obligations. treaty. The next item rela.tes to clothing; the next, to pay of carpen- In addition to that, and a :. mean of making them conform t.o the ter, farmer, &c.; the next, to the pay of physician and teacher. But provision of the treaty while receiving the bounty of the Govern- the gentleman will find on page 48 of this bill a general appropria- ment and being fed IJy it, their supplies are to be issued to t.bem at t.ion for the Indians; and I think the amendment would there come limited times, once a week insteacl. of montllly as now, and they are in appropriately. to be issued only to such of tl1em as are present at roll-c·tll. . o fur aR regards t.he specification as to who shall enforce this re- Tbe object of thi. amendment is apparPnt in "ri w of the remarks strict ion, I would prefer to have the amendment say simply "the made by my colleagues [Mr. MILL and Mr. THROCKMORTO . ] who -proper ant.bority," until we determine whether the authority shall he have addressed the Committee of the Whole on the main proposition . in the Interior or the War Department. 1876. CONGRESSIONAL . RECORD-HOUSE. 3503 One of the best mod<.s in the world to keep these Indians at peace The Clerk re~id as follows: is to distribute rations to them at short intervals. Under this system For this amount, or so much thereof as maybe necessary, to furnish subsistence, the Indian is obliged to present himself, and it can be readily seen 100,000: Provided, That the River Crows shall share alike with the other Crow whether or not he is on the w~tr-path. The Sioux Indians, for in- Indians in the subsistence furnished. stance, are now on the war-path, as they have been before. They Mr. SCALES. I am directed by the Committee on Indian Affairs do not come in themselves to draw their rations, but they send their to otl'er the following amendment: relatives, who draw the ra,tions according to the census of the triue The Clerk reau as follows: or band. The resulb is that in this wav the Indians of the Sioux Na- Line 316, page 14, strike out" 100" and insert "130," so it will read "$130,000." tion, although on the war-path, secure by indirection rations from the Government. I think this restriction, if it can be inserted at the Mr. SCALES. I take it, 1\'Ir. Chairman, that the object, as far aa appropriate -pl~~l is proper anu wise, and in the interest of peace. we can, is to appropriate a sufficient quantity to answer the purpose Mr. THROCK.MORTON. I ask my colleague to withdraw his for which it is intended. The appropriation for these Indians lust amendment alHl oifcr it again when we come to page 4tl, where it will year amounted to $165,000. Fift.e en thousand dollars of that was ap- be more app1·opriate. propriated for the removal of the River Crow Indians. Take that Mr. ],fiLLS. I withdraw the amendment for the present. from $165,000, and you have $150,000 left. After consultation with The CHAIRMAN. The Chair hears no objection, and the amend- the Commissioner of Indian Affairs, wecametothe conclusion we could ment is withdrawn. · get along with an increase of $30,000, that is, $20,000 less than we The Clerk read as follows, under the head" Apaehes, Kiowas, and had during the last fiscal year. Comanches:" Now, sir, the number of these Indians is forty-two hundred and For purchase of clot!:llng, as provided in the sa.me treaties, $15,000. twelve, twelve hundred of River Crows and three thoua::md of Moun- For pay of carpenter, f:m:1er, blacksmith, miller, aml engineer, $5,200. tain Crows. The amount appropriated by the bill this year is just For pay of phy ician and teacher, $2,500. the amount appropriated for the Mountain Cl'Ows last year. If yon Mr. HOLM.AN. I suggest to t he cbairm~tn of the Committee on ascertain the number of rations necessary for these Indians, count- Appropriations and to the gentleman from Texas that there would ing a r::a.tion at eleven cent.s, the whole amount will make 168,630, seem to be no impropriety in proposing-a limitation npon theexpeudi- which is largely in excess of the amount now asked for by the Com- tnre of these sums of money, by providing that they be paid to the mittee on Appropriations, and largely in excess of the amount asked lnd:iaLs only on the condition of their remaining pf'aceably within for by the Commissioner of Indian Affairs. the limits of the reservation heretofore assigned to them, ~md that The appropriation as now proposed is only 100,000. We ask it to the Secretary of the Interior shall adopt such regulations as may be be put at $130,000, and as I have said, calculating at eleven cents a necl:lssary to t>ecure that 1·esnlt. Otherwise it would seem that these mtion, and giving tnose Indians one ration each for one year, the tribes woultl be en t itled t •J receive under our appropriations the sev- amount will be a great deal more than we ask for. Does not that cml sums of money provided for ·them whether they comply with demonstrate buyond any sort of doubt that it is absolutely necessary the co11dit.ions imposell in the appropriations or not. It seems quite for them T · clear that the Government should not pay t.h ese sums of money, even It is the established practice of this Government, and bas been for though t.h ey are in pursuance of express treaty stipulations, unless some years, that these Indians must be fed. They are especially the Indians themselves conform to the conditions of the treaty; one friendly to the whites and hostile to the Sioux. They stand, sir, as a of the most important conditions on their part being that they shall sort · of wall between the outer s .. ttlements and the Sioux Indians, not depart from the reservations assigned to them. and they deserve consideration at our hands on this account. Now, :Mr. RANDALL. I snbmittothegent'.eman from Indiana that this can they be fed for one dollar less moneyf I doubt whether they is ouly in accordance with na.tm·ul law. Is there any nation on can he fe~ for that sum. If they cannot, why attempt to supply them the earth that would feed its enemies while they are destroying its on a sum which we must know from this calculation will not answer citizens f · the purpose. Mr. RE.AGAN. Our Government has done that for fifteen ortwenty, I know the an.riety to retrench. No man goes before me in that years. pmpose. I can say to the Committee on Appropriations that they • Mr. HOLMAN. I propose to submit the following amendment, to have done a good work. They are endeu.voring to do a good work '"hich I invite the attention of the gentleman from Massachusetts, now. I arlmit they are actuated by proper and high motives in this [Mr. SEELYE,] who has always felt au interest in this subject: thing; but when we call to their attent.ion these fact , I hope they Provided, however, That the sums of money aforesaid- will give these Indians what will be absolutely necessary for their Emi.Jracing the severa l previous appropriations-four altogether- support, and not have at the end of the year a deficiency to make shall not be paill to or expunded for the benefit of said Indians unless they shall up in feeding theso Indians. remain peaceably '"ithin the limits of tL.e reservat.ion8heretofore aaaigned to them ; Now, Mr. Chairman, these Indians cannot starve. The buffalo are aml this provision shall be carried into ~fleet under such regulations a~ the Secre· disappearing, and their hunting-grounds are no longer available. tary of the luterior may prescribe. The Government says they must be fed. It ba.s engaged to feed them. Mr. RANDALL. I object to the latter clause of tllat amendmeut. Will this House do it f I leave the responsibility with it. The urRt part I t.bink it would be wise to adopt. Mr. RANDALL. In reference to this amendment the committee 1Ir. HOLMAN. Then I will offer the amendment in the following acted advisedly. They deemed the River Crows should be consoli- fom! : dated with the Mountain Crows in the appropriation. At tho end of the twentieth line insert the following: In regard to the appropriation as embraced in the clause which the P.rotided., however, That tl:Je sums of"money aforesaid shall not be paid to or ex- gentleman from North Carolina seeks to amend, I will only say that per.drcl for the benefit of said Inl!ians unless they shall remain peaceably within the Government is in no manner bound to do anything for these Crow tLe- lill!.its of the reservations beret{)fore assigned to them. Indians except a,s gratuity and as a peace-offering, for the treaty ex- Mr. R..iNDALL. That l right. I would like to have that adopted pired two years ago under which we were bound to make these pay- :ts a gen eral provision with reference to all the Indians. meuts. The committee leached the conclusion thu.t $100,000 was a-d- Mr. HOLMAN. I surpose the gentleman from Massachusetts [Mr. equate if properly expended, as we hope it will be under the provis- SEELYE] cloes not object to this. ions of this bill-that it was quite ade11uate for the River Crows as Mr. SEELYE. I think it is right. well as the Motmta:in Crows. Mr. HOLMAN. This clause applies of course only to these four This propoRition brings me somewhat directly to the scope of this items of nppropriation. bill, and that is this whole Indian matter should be transferred to the Mr. RANDALL. If it were applied to the Sioux Nation, it woulu Army, when we shall have the rations delivered honestly to the In- save the Go-vcmme11t half a million of dollars. I hope the gentleman d.ians, thus putting an end at once to the complaints made by the In- from Indiana will modify the ameudm~nt so as to give it a general dians they are being defrauded, that they are being t>.heatecl ont of scope to include all Indians. what is their due. Mr. ROLl\l.AN. With that view I will withdraw the amendment Mark yon, Mr. Chairman, the whole of this money, as I said before, for the present, so that it may be offered at the end uf the bill. is a mere gratuity. There is no stipulution of any treaty by which The CHAIRMAN. The Chair bears no objection, and the amend- we are bound to p2-y this money. I affirm, after careful considera- mm1t is withdrawn. tion with peopl(! hom the Territory where these Indians are located, Mr. SEELYE. In regard to making this a-mendment a general pro- (they are in Montana,) the amount here appropriated is adeq nate- vision, I would Jiko to suggest that there is some legislation contem- that $100,000 is amply sufficient to feed these River and Mountain plated nnd already br011ght Lefore Congress from the Executive De- Crow Inuians if propedy und economically expended. I hope, tbere- llllrtment r eferring to the removal of the Sioux :f rom their reserva- fore, the amendment will not prevail. tion. This a-m endment a,s a general provision might, if strictly in- Mr. MAGINNIS. I move to strike out the last word. terpreted, interfere with such legislation. I think that, so far as it The chairman of the Committee on Appropriations diu me the applies to t.he particular paragraphs under consideration, it is unob- honor to consult me with regard to this appropriation. I found npon jectionable. consultation with the committee of which he is the head that they Mr. RANDALL. The trouble is that the Sioux are now removing hau struck out the entire appropriation for the Crow Indians. our citizens to eternitv . Mr. RANDALL. Will the gentleman allow me to correct him T The CHAIRMAN~ ~fhere is no amendment pending. W6 were consiuering the propriety of striking out the appropriation Mr. HOLMAN. The limitation would of course apply to the In- on the gl'Onnd that we were no~ bound to give a cent. dians remaining- on such territory aB might be assigned t::> them at any Mr. MAGINNIS. The chairman states the question correctly. They particular time. were considering the propriety of striking out the whole :>.ppi·opria- 3504 CONGRESSIONAL RECORD- HOUSE. JUNE 2 ' tion on the ground that the Government was not obliged to give these sistence; so that the entire appropriation for the subsistence of these Indians a cent. Dot I had the honor of showing the committee that two tribes of Crows last year was $115,000. The agencies have been while it was true that the old treaty had expired, a new one bad consolidated, and there is a reduction in the amount of the appropria- been made by Mr. Drunot which had not yet been acted on. I fur- tion of $15,000. ther called to the attention of the chairman the fact that these In- The other $30,000 to which the chairman of the Committ.ee on In- dians were friendly Indians, and were worth half a regiment of cav- dian Affairs has alluded consisted of $20,000 for Indians engaged in alry to us on the frontier as a guard between us and the Sioux; and agriculture and 10,000 for Indians roving. They are under different I believe it was on that ground that the committee agreed to make heads of appropriation. The appropriation for the subsistence of these this appropriation. Indians is reduced by the present bill from what it was last year Mr. RANDALL. I desire to say, in justice to the gentleman from $15,000. Montana, that it was mainly due to the information be gave me and Mr. SCALES. Mr. Chairman, I am sorry that the chairman of the the arguments be used in favor of the Crows that I placed this Committee on Appropriations has thought proper to use language amount in the bill. But the gentleman must admit that there is no here- - • treaty whateve1· by which we are bound to pay a cent. Mr. Brunot Mr. RANDALL. Jnst one minute; what language! might as well have made a treaty with me as with an Indian tribe. Mr. SCALES. I will state it. He has thou~ht proper to use lan- Mr. MAGINNIS. That may be true; but, as I have sa.id, I pointed guage here which he declines to interpret for himself when the inter- out that these are friendly Indians and worth as much to us a.s a troop pretation is doubtful, and which he delegates to me to interpret. of cavalry. The chairman of the Committee on Appropriations asked Mr. RANDALL. The gentleman misunderstood me. I in no man- me whether any of those Indians were engaged in agriculture. I ner reflected on his committee, and I said so. frankly admitted they were not, but ur~~d that t~e appropriation of Mr. SCAJ_.Es. I understood the gentleman to decline to say so. 30,000 should be made for them as Indians roammg. I was told by Mr. RANDALL. I said so promptly. Your committee have a per- the chairman of the committee that some officer of the Department fect right to review the action of the Committee on Appropriations Lad informed him that there were no Indians roaming, so that was in reference to this bill. I understand that, and so far from not exer- stricken out. While I am thankful to the committee for what they cising that right the Committee on Af'propriations has received a sub- have given, I would very much like to have the appropriation put committee from your committee. back for Indians roaming, and give these worthy Indians $30,000 ad- Mr. SCALES. Well, I can say this, that so far as I am concerned, ditional. representing the Committee on Indian Affaira, I did apply to the The Crows and their country have been sacrificed to the Sioux. chairman of the Committee on Appropriations, and was denied the The Sioux have been allowed to invade their reservation and drive opportunity of considering the bill ; at least, he declined to give me them from their agency; and yet they are our faithful friends, and any time within which it could be considered. But I find no fault even now are m:ncbing with 011r troops and acting as scouts for the with that. I am not complaining of that. I only complain of the command of General Gibbon on the Yellowstone. I urge a generous doubtful language used. The gentleman said that we examined the treatment for the Crows. matter only two nights. I saw that statement in a newspaper, and Mr. SEELYJ~. This Indian appropriation bill bas been very cn.re- did not know where it came from, and it is a little suggestive that fully considered by the Committee on Indian Affairs; and with :r:ef- the language in the newspaper is the same identically as that of the m·ence to the point which the chairman of the Committee on Appro- gentleman from Pennsylvania here to-day. priations made, that we have no treaty stipulations with these Indians, Mr. RANDALL. I want to say that I never published anything in I think it might be said that we have no treaty stipulations whereby relation to this matter in the newspapers. And what I say here is we provide nJ.ms-houses for the poor or hospitals for the sick or places that you had given two nights to the consideration of this bill. of refuge for the needy and distressed. There are no treaty stipula- Mr. SCALES. I hope I shall not be interrupted further, for I have tions for these ends. Why, then, do we provide them f Simply be- but a few moments more. All I desire to say is this, that I under- cause it is human and Christian to do it; simply because it would be stand the duty of the Committee on Indian Affairs is t.his: that they unworthy of us not to do it. And when we contemplate the fact that have in charge under the orders of the House all matters pertaining these Indians have been made dependent upon us for their subsistence to the Indians upon which we have to legislate. by us, by our own encroachments upon their hunting-grounds, it be- The bill came before our committee, sir-how T The Commissioner comes the height of folly, even if we might not say of wickedness, to of Indian Affairs, the officer appointed by law to look after these reruse them this. matters, called our attention to the bill, and he asked us to hear him. Now, if we are to provide the subsistence at all let us do it not ex- What was it our duty to do under the circumstances Y The gentle- travagantly; let us do it with economy, but let us do it wisely, It man from Pennsylvania says that he has considered this matter for would not be wise to build alms-houses for the poorwitbno roofs on; two months. The Commissioner had given twelve months of his time to build hospitals for the sick without furnishing any beds. It is not to the questions involved in the bill, and he showed to the commit- wise to furnish these Indian hibes with a part of the subsistence tee after making a calculation that the amount required for rations, they nee.d and refuse them the remainder. One hundred and thirty estimating them at eleven cents each, would amount to 3 ,OOOmore thousand dollars is, as the chairm::m of the Committee on Indian Af- than he had a-sked for, and that he could not get alongwithlessthan fairs has so succe.ssfnlly shown, barely sufficient; it is doubtful $130,000, the amount asked for by this amendment. That is why the whether it be sufficient to meet the ends required. Committee on Indian Affairs offer this amendment. We are not here Mr. RANDALL. I do not know how much time the Committee on to antagonize the Committee on AppropriatioDB. I concede to the Indian Affairs has given to the review of this appropriation bilL, but chairman of that committee all that he claims; I conceue that he is I can answer for my elf and other members of the Committee on A. p- entit.led to great credit from this House and the country for all he propriations that we have given as much as two months to the con- has done in the work of retrenchment ; I wish to detract nothing from sideration of it. I had never beard that our bill was unuer review him; but I think that the Committee on Indian Affairs have duties to by the Committee on Indian Affairs till within a few days. perform, and for one, in the face of every opposition from whatever Now, sir, I affirm, as I believe upon the fullest information, after source it may come or from whatever party, I shall perform my duty. consulting with gentlemen in the Terri torics-not the Delegates alone, Now in re"ard to what was said by the gentleman who last ad- but after consultation all around-that we have been liberal in giv- dressed you, i say that he is clearly in error. It is true there was one ing this 100,000 when we are in nowise bound to do it. I admit tbat appropriation of $100,000; in another place there was an appropria- all that is said as to the disposition of the Crows is true. tion of $20,000; and in all there were appropriations of $165,000, :Mr. SCALES. Do I understand the chairman of the Committee on 15,000 of which was for the removal of the tribo. Appropriations as casting censure on the Committee on Indian Affairs [Here the hammer fell] for reviewing this appropriation bill f Mr. RANDALL. I desire to state in reply to the gentleman from Mr. RANDALL. The gentleman can understand me to say just North ·carolina when he relies on the statements and urgency of the what my language implies. I cast no censure on anybody, but the gen- Commissioner of Indian Affairs that, if we had acted exclusively un- tleman can give his own interpretation to my language as he pleases. der his advice, there would have been no reduction in any part of Mr. SCALES. I want to know what interpretation the chairman this bill. I concede to that gentleman entire integrity of purpose of the Committee on Appropriations })leases to put upon itT and entire integrity of action; but the very fact that he is but of Mr. RANDALL. I have said tha,t $100,000 for this purpose is quite recent occupancy of that Office shows that he i.s not fully advised in :mlple, and I feel I should be doing wrong if I did not st.and here and re~ard to it. I therefore hope that this amendment will not prevail. resist, with the information I have, any a,p propriation additional to The question was taken on the amendment; and there were-ayes that amount. 60, noes 68; no quorum voting. Mr. MAGINNIS. I withdraw the pro forma amendment. Tellers were ordered ; and Mr. SCALES and Mr. RANDALL were ap- Mr. STEELE. I renew it. pointed. I desire to say just one word in reference to this amendment, as I The committee divided; and the tellers reported-ayes 73, noes 7G. think the chairman of the Committee on Indian Affairs bas fallen into So the amendment was not agreed to. nn error as to what the amount of the appropriation was last year for The Clerk resumed the 1·eading of the bill, and read as follows: 1,he. subsistence of the Crow Indians. By reference to the appropria- For seventh of thirty insta.Umel1ts to purchase such articles a.s may be considered tion bill of last year I find that $100,000 was appropriated for the sub- proper lJy the Secretary of the Interior for Indians roaming and for lndia.ns en- sistence of the Crow Indians, of which $15,000 was allowed to be used gaged in agriculture, $150,000. in removing the agencies and erecting a new agency within the limits Mr. SEELYE. I move to amend that clam;e by striking out "150" of their re~;ervation, leaving $85,000 out of that fund for subsistence; and inserting "200 ;" so as to make the amount $200JOOO. and that for the River Crows there was appropriated $30,000 for sub- Mr. Chairman, the reason for this in the first place is that it is 1876. OONGRESSIDNAL RECORD-HOUSE. 3505 needed and in the second place, there is ·a treaty stipulation which time. Immigration still continued to poor into the Black Hills and the Indians provid~s for'more than twice this amount. Two hundred thousand wait.ed in peace. At this juncture of affa.irs a military expedition was sent into their country and they were driven to hostilities. We are now experiencinp; the dollars was furnished to the Indians for this purpose last year. By bitter fruits of war with a barbarous race, wno are only seeking to defend from the treaty of 1868 thirty annual installments of $10 for each Indian invasion the country we had guaranteed to them by solemn t:Peaty. roaming and $20 for each Indian engaged in agriculture were·agreed Mr. SEELYE. We have here a·stateme.nt from the last report and to be paid. Now of these Indian~ there are 43,000 by the IJ?-OSt a~cu­ the most accurate information by a mo~t trustworthy observer, that rate estimat.es that can be made. At the smallest treaty stipulatiOn, these Indians, instead of violating their treaties, have observed them that of $10 for each one, it would amount to twice the sum called for in the face of greatontrages,outragescommitted bytheunwarranted last year and this year; and therefore I trust there will ·be no objec- movements of a military force in that region. Therefore, instead of tion to the amendment. cutting off .the appropriation because they have broken their treaty Mr. RANDALL. Mr. Chairman, this amendment involves the obligations, the argument of the gentleman would lead to the keeping whole consideration of_ the Sioux question. !judge that, if the Com- in of the appropriation and even to enlarging it because they have mittee on Appropriations had this appropriation to consider: now, they kept their treaties. The number of India,ns there is at least 40,000, woul(l give no sue~ sum ?f money fi? th~ ~iscretion. ~f any offic~~ to and by treaty stipulations which they have kept inviolate they ought feed the Sioux natiOn while that natiOn 1s m a conditiOn of hostility. tohave$400,000. The bill pro~oses to give them$150,000; the amend- We know what is the condition there. \Vhat do we see there f We ment I have offered proposes $200,000. · see that these very Sioux Indians whom we are engaged in feeding, Mr. STEELE. I desire to say a word in reference to this report of all of them who are able t.o bear arms, are going off and joining the band the Indian inspector, Mr. Vandever, referred to by the gentleman from under Sitting Bull, and are absolutely joining with him in his indis- Massachusetts, [Mr. SEELYE.] The impression sought to be created criminate crusade upon the white citizens. Only to-day we have in by this report is that the mmtary are reRponsible for the present con- the press a statement that as many as forty-five of our ci~~ens have dition of affairs in the Territory of Wyoming and in that section of been put to death. · country known to the people at large as the Black Hills. This agent Mr. SEELYE. .Will the gentleman allow me a moment f reports that- · · Mr. RANl>ALL. I will speak generally as to the Sioux Nation. The Indians at both the ap;encies are peaceable and well-disposed. The disturb- Mr. SEELYE. I understand that perfectly, and I have later infor- a.n ces now occurring on-this border are occasioned by the raiding of hostile Indians mation than perhaps has fallen to his knowledge, which it will befor from t-he nort-h, who followed General Crook back from his recent expedition. They t h e information and benefit of the House to learn. are now Jetaliating for his invasion, and not for the occupation of the Black Hills I hold in my hand a report of one of the official inspectors of ' the by miner~. Indian service, lately returned from a special inspection of affairs at Further on he says that Red Cloud and Spotted Tail both state the Red Cloud and Spotted Tail agencies, giving very import.a.nt infor- that- mation respect-i ng the hostilities there and what Indians are engaged "There would have been no war if the soldiers had not first gone into tha.t. coun- in them. If the gentleman from Pennsylvania [Mr. RANDALL] will try and made an attack upon a camp of peaceful Indians who were on their return allow, I would like to have the Clerk read a paragraph from that t() the ageney. General CJ'Ook, they say, did not get within seventy-five miles of any camp of hostile Indians. report. ~ Mr. RANDALL. Aft-er I get throngh you can have it read. Wbat He goes on to say : I was alluding to comes to us by telegraph this morning; it is not a The camp that was destroyed consisted of nine Sioux lodges and about fortv r eport a week or a month old. lodges of Cheyennes, who were movin~ slowly with all their women, children, ana old people. 'They knew that the soluiers were approaching, but took no precau- Mr. SEELYE. This report will show us by whom these atrocities tions to elude an attack, for they had done nothing to provoke one. are committed, and also the cause which instigated these atrocities. Now all this goes to show that these people attacked were friendly .Mr. R.Al\TDALL. If it does then it must be words of prophecy, be- Indians. A little further on he says: cause these mmee~ done from necessity, not by authority 1\fr. RANDALL. The gentleman baa not given ns quite all the in- of .law. . T~ proposition 1s srmply to make provision by law for formation concerning the appropriation of last year for this purpose. domg this thing. The estimate last year was for $1,500,000, and Congress at the last ses- Mr. THROCKMORTON. I call the gentleman's attention to page sion reduced it to 1,100,000 ; in other words, t,ook off $400,000 from 24 of the bill which makes provision for the northern Cheyennes and the estimate. The estimate this year was for $1.400,000, and the Com- Arapahoes. mittee on Appropriations have redu~d it exactly the same amount . ~·SEELYE. That is not a provision for then· subsistence; and that it was reduced last year. ' · 1t IS more than probable that dnring the year these Arapahoes and I admit that there waa a deficiency, but I attribute that deficiency Cheyennes wh? are now at the Red Cloud agency may be removed- entirely to mismanagement. There ought never to have been a perhaps to. Anzona. .'f~e object of this provmion is simply that a deficiency at all. The Committee on Appropriations deem that part of th1s appropnatwn may be expended for their subsistence $1,000,000 is adequat-e, if the Indians receive the full value that they wherever they may be. sh?~ld receive of w.hat is due to them from the appropriation of a Mr. RANDALL. I understand exactly what will be the result of m1llion dollars. It 1s alleged-I am not able to prove it, but it comes that .• If we say that there may be taken from this appropriation of to us from almost every quarter-that the justification for the Indians 1,000~000 .$150,000 for anoth~r tribe of Indians, then next year we g.oing upon the war-path is that they do not get what they are en- shall mev1tably have a defimency appropriation aaked for on the titled to and what the Government baa a.~teed to give them. ground we did not give the Sioux enough. Wit.h great respect to Gentlemen conversant with these Ind~an matters ~o so far as to th~ g~ntleman from :Massachusetts, I must say that in my judgment estimate the possible percentage of which the Indian IS deprived in this. IS a mere entermg-wedge for a deficiency next year. If these his intercourse with the agent, and those under the agent, from Indians are at the Red Cloud agency they will be fed there. If they double wei~hts o~ beef, from impure a~d defective flour, from spoiled are. removed elsewhere, t~e ~overnment mnst bear the expenses of t~~tr removal; an approprmtwn must be made for their remo,·al into bacon, and m vanous ways as to quaJ~ty and quantity. It is alleaed that that percentage to which I have aJlnued will range from 30 to AriZona upon the reservation. · 35 per cent. I have no doubt but what the million dollars here ap- Mr. ELKINS. Into the Indian Territory. prOJ)riated, if given to the Army to rlistribute, as provided for in ~!r. RANDALL. Un~il. th~se Inclians are removed, there is no oc- anot.her portion of the bill, will go quite as far as the million and a Ca.Blon to make any d1stmction among the Indians at Red Cloml quarter dollars did last year. agency. I hope therefore that the amendment will not bo adopted. Mr. FOSTER. I understand that the inspections are made now by The CHAIRMAN. Debate on the amendment is exhausted. Army officers. Mr. SEEYLE. I move to amend the amendment by striking out Mr. RANDALL. I am not now speaking of inspection. When that the last word. I want to call the attention of the chairman of the matter comes up, I will show how that is made to cost the Govern- Committee on AJ?propriations .t.o what . ~e has evidently forgotten. ment by means of excessive payments for the inspection of a mere On page 25 of th1s bill there IS a proVIswn, which we have already modicum of goods. I am talking now about the delivery of the aoods pa-sse~, that thes.e '' ~orthern qheyenn~s and Arapahoes shall remove to the Indians. It is the deliberate judgment of those conve~a.nt to tbeu reservation m the lndtan Territory before the delivery of the with the subject that the Indians do not get within 25 or :-JO per cent. supplies appropriated for by the foregoing clauses." · of .th~ amount of goods and food tha~ they should get under the appro- Mr. RANDALL. But there is no money appropriated. pnabon. I hope, therefore, that this amendment will not prevail. Mr. SEELYE. Exactly; and this is a provision that these Indians Mr. LUTTRELL. And the Indians do not get even all the goods may be paid from this appropriation. that the officers inspect. Mr. RANDALL. Whe~ever t~e Indian Co~issioner proposes to Mr. SEELYE. · I mov~ to amend .the .amen~ent by striking out remove them to the Indian Terntory then he w1ll, and of necessity the last word. Mr. Charrman, nothing IS easter than to indulae in muE!t, co~e to Congress for money for that purpose. He cannot move vague and random statements upon this whole Indian questio~. I those Indians down there without an appropriation. While they are have confined myself, however, to actual figures from the best enu- where they are they can be fed as heretofore. • meration that can be made; and I put it to the House that with this Mr. SEELYE. Suppose Congress is not in session; what should number of Sioux to be fed and this cost of rations, $1,000 000 cannot the Commissioner dot He is required to 1'6move them by the bill. be sufficient. ' Mr. LUTTRELL. How many are there of the Cheyennes and Arap- Mr. RANDALL. Why, sir, they told us last year that $1 500 000 ahoes f would b~ required; afl:d ~et they di(l with 1,250,000, even in~luding Mr. SEELYE. About four thousand. the defiCiency appropr1at10n. We are therefore safe in assumina that Mr. LUTTRELL. Forty-two thousand dollars is appropriated for if they ask now for $1,400,000 that amount may safely be redug'ed in them already. the same proportion. Mr. SEELYE. But that is not for subsistence. Mr. SEELYE. The gentleman will pardon me for saying that that Mi. LUTTRELL. On pages 24 and 25, $42,000 is appropriated for is very much as if a ma~ should say that because he had for one year the Arapahoes and northern Cheyennes. reduced the forage for his horse 50 per cent. below his estimate there- 1\fr. SEELYE. That is not for their subsistence. fore be might the next year make a still further reduction of 2s or 50 Mr. RANDALL. It is not asked for in the estimates. The Com- . per cent. missioner of Indian Affairs never spoke to me about it anti I have had Mr. RANDALL. I would not let the Indi:ms have money or sup- frequent intercourse with him as well as with othe~ officers of the plies while they are in arms. · Indian. Bureau. Mr. ~EELYE. I have simply to ~ay that the appropriation last Mr. SEELYE. I withdraw my formal amendment to the amendment. ye~r d1d ~ot cover the amount. requu·ed, ~nd the necessity for a de- Mr. SEELYE's amendment was rejected. fiCI~ncy bill arose ~o~ t?e Indians . breakin~ away from their reser- The Clerk read as follows : vations and enga$rng mJust those raids of which gentlemen complain. APACHES OF ARIZONA .A1H> NEW MEXICO. M.r.. RANDALL .. We ~ere made to pay the bills because of the For_ this am0 000." strike out "$1,000,000" and insert "$1,250,000," to be expended for . Mr. Chairman, the amount appropriated la,gt year for the sub- beef, :flour, &c., for Yankton Sioux and Ponca.s. sistence and care of the Apache Indians of Arizona and New Mexico The amendment was not agreed to. was $450,000. Th.at amount proved entirely inadeq nate to the proper Mr. SEELYE. I am also directed by the same committee to offer care of those Indians. They were reported in a starvina condition the following amendment, to which I think there will be no objection during this winter, and we were compelled to appropriat: additional from any q uarte~· : amounts, which we did in the deficiency bill: :U>,009 for the Apache 1876. OONGRESSIONAL RECORD-HOUSEo 3509 Indians in New Mexico and $50,000 for the Apache Indians in Arizona. gressive Indians, whose history shows they are willing to fight upon That was barely sufficient to carry them through. equa,l terms with anybody. They have been fed, as the gentleman 'l'lle estimate<.l number of Apache Indians in these Territories is has stated. The trn th is no one dare go near most of the Apaches in about nine thousand. I put the number at eight thousand. That New Mexico and Arizona. Such as do seldom come back. The ap- would require 2,920,000 rations to feed them for a year. A ration propriation last year, so far as I ha,ve been able to gather from the costs the Government on those reservations about fifteen cents. That statements of ·the Bureau-the $450,000 appropriated up to the pres- would make the cost of feeding them $438,000. Eight thousand is a ent time, has been expended in this manner; for goods, $28,461.99; low estimate for the Apache Indians in Arizona and New Mexico. for supplies, $301,989.34, and for employes the enormous sum of $23,- There is no reason why we are able to feed these Indians for a less 696; but under the provision of this bill we shall not have to pay amount this year than during the last year. Game is diminishing on those employes, and therefore tl).at will be saved. The expenditure the reservation, and I consider it important that an amount should be for transportation was $16)96.22 and for various sundries $3,760.25. appropriated sufficient to provide for these Indians. They were inclined It makes in the aggregate only $374,103.84. If you deduct the amount to leave the reservation, and it required a military force only a few which the employes cost you will find according to their own show- weeks ago to keep them upon it. It is certain at least that the ing-and I sha,ll take occasion to publish their own statements-there Apache Indians, if they are not fed, will not starve, but will leave the ha.s been up to. this time, excluding the disbursements for employes, reservation and make raids upon the white settlements. I deem it a only $350,000 expended. That is all that is now necessary; but, in matter of economy we should keep up the appropriation sufficient to the abundance of caution, so that nothing shall be lacking to secure feed these Indians. If we do not feed them, we are likely to be in- these Indians in peace-and, as I have said, they are rich Indians, in- volved in another Indian war, which will cost vastly more than to dustrious Indians, a~gressive Indians, willing to fight on equal terms feed the Indians. I hope, therefore, as a matter of retrenchment, for with anybody-in tne abundance of caution we have agreed to an the purpose of saving expense, the committee will accept this a,mend- appropriation of $400,000, rather than the amount shown to be all ment a.nd increase the appropriation to $450,000, which is $75,000 less that has been expended up to this time out of the appropriation here- than was expended last year. wfore made. I ask attention to the tables, which I append to my re- .Mr. RANDALL. .Mr. Chairma,n, these Apaches are bold, rich, ag- marks: . Statcnwnt of disbursements nutde fr ~..... ::::g~~ ;§o :a o .,... d s:s ·; "I:Qi -0 ~ ~ ~ ~Q - - - - - - - - - - - - - - - - - - - - + - - - - + - - - !-- - - - - - - - - - - - - - - - - - - - - -:---1----1·--- Incidental expenses of Indian service in- Dol. Dol. Dol. Dol. Dol. Dol. Dol. Dol. Dol~ Dol. Dol. Dol. Dol. Arizona . -- •.•. --.-- ...•.•.•.••••. --- •••.••••.•••. --· 36,6.'U M .•..•. -······· ..•...•. · ---- - ........ 38312 7,16813 1,068132 4 50 5,684 97 2-17 75 1,15193 California .•.•....••.•.•••••.••••••.•••.••..•••••.••.51,314 70 ·--·-- ··-····· ·--··-·· ·---·- .••..•.. 12,201 88 8,526 29 2,169 58· ---- · 10,300 00 2,029 60 747 39 Colorado .•.....•.••..•• . ·••.......•••.••.••••••.••.•. 2,120 001750 00 ··-···-· ··-·--·· ···--· ····---· 79 00 100 60 ····-·-- · 13 42 ··--·---· 5 00 ··-··---· Dakota. __ ..•• •.... .••..••.•• -----· --·-·· •••• .•.••••. 14, 305 43 120 00 . -- ..• - .. • -.---. 39 25 --- .• --- • - •...• -. 2, 209 65 206 ~ 132 75 . --. - --.. 26 00 93 75 Idaho ...•.•..••••..•...•••••.•••••••••••••. _•.•••••• 5, 095 00 --···- ...••••...•..••. d ~~ ~0 ~ ~a H:;a .·s ~ ~ >, Q dai a:>t.J: ~Po ...,c;s d,.<:j ~ ~ Number of agencies and number of ac- counts on file from each for the pres- Heads of appropriations. t.c :g§ ........ '8~ bO~ a-... Po § ent fiscal ye:u-. f Q ;§.~$ d~ 0 o10 .....0 Ocj S<~> a) A !:I .. ~! ~.; t1~ ~ 4) :;· Q l'l~ ..-.d t;1 Number of agencies :mel number of ac- F-.~ ii counts on file from each for the pres- ~lot 4ll=l =.c~ § Heads of appropriations. ~ t:ll~ ~'+-< '8] · ~.ll-~ ::So 0d ent fiscal year. ~-e~ == .....0 a~ ciiO 4) • 0 .8 I>~= cu .... ~a~ 0 § ~ ctl ~ eg-~ ~ = ~ ....-.90 ~ ~ E-t E-t"'d ~ ~ ~ E;~ ~~ -~~ ~cs ~ ~g 15, 662 61 4, 337 39 74,969 14 25,030 86 So\u:~istence and civilization of .A.rickarees, Gros Ventres, and Manda:ns ..... . ........ . 3!\4 65 408 35 .. • .. • • .. . .. .. • • • . 22, !)46 4.2 80,804 59 4, 195 41 Cellectin_g and subsisting .Apa.ehes of Arizona. and New Mexico .. .... .. ..... ......... . 655 75 70 .alJ'l 27 403,009 18 . 46,990 82 Subsistence of tho Arapahoes, Cheyennes; Apaches, Kiowas, Comanches, and Wichl tas . 471 20 '"2;892'34" :::::::::~ ::::::: .. ...... :~ ... . 152,854 84 147,145 16 1876. CONGRESSIONAL RECORD-HOUSE. 3511. Statement showing db1bm·sements to May 4, 1876, frmn miscellaneous and u1cidental Indian appropriat-ionB for the fiscal year 1876.-Continued. rd I !!!P. ~~ ~~] 1~~§-~ ~.g Q;)~ Q;) s:i§~~-:3 <0~ Q;) § ~J)~:a t'n -5 al _"::l ... Q ~ ~~ ~-iii)~ Po Q Q) ~ >;o! JiS; ~~~ .a~ .!:l·"" Po ~~~~ ~ Pol ~-S o ~~~i~!;s·,· (in;8 v6n~: ·&~:•: :::::::::::::::::::::::::::::::::::::::::::~:: :::::::::::::::::::::::::::::: 50,666 98 85,000 11,156 48 29,754 43 2~. 946 42 (g) Apaches1 .......................................................... ..................................... ... . 450,000 22,467 96 281,142 98 70,492 27 * Buildings. $l:.!,OOO. • t Pay of employes: New Mexico, $20,996.23; Arizona, 136,631.86; total employ6s, &c., Ariwna and New Mexico, $128,120.36, in total apprQpriation of e555,000. Mr. ELKINS. I rise to say one word in support of this amendment tion. The gentleman proposes to give them $400,000. The Territory offered by the gentleman from Missouri on behalf, as I understand it, of Arizona is in the southwest part of the United States, the farthe t of the Indian Committee. The chairman of the Committee on Ap- point of transportation without railway connection, and therefore it propriations says first that these are bold and aggressive Indians; costs more money to get goods there than to any other point of the then he says they are rich and indnstdous Indians. He says they are country; and I submit that $30, which is about the average amount everything else but :peaceable, and that people who have gone near for each head after deducting the expenses of transportation, &c., is them scarcely ever return. I merely desire to observe that his re- too small a sum to feed the Indians. I do not care how the gentle- marks are full of contradictions and betray a painful want of informa- man makes it up or by what kind of arithmetic he reaches his con- tion on the subject of which he spoke. clnsions, I say it is impossible to support these Indians on an average Now for the gentleman's information. I want to say that one band of $30 a year for ea<~h head. They are not industrious, as the gentle- of these Apache Indians are in the main host~le, hut are now on a man says; they have no stock; the~ hunting-grounds yield them reservation. We ha>e a policy with these Indians. It is the policy little or no game, and all they have to depend upon is the small pit. of the Government adopted and promulgated after many trials, and tance from the Government. briefly stated, is to feed the Indians and keep them on reservations Mr. RANDALL. They raise corn. rather than fight them. Yon cannot do this by promising to feed 11_4"r. ELKINS. An Apache never did raise corn.. them and failing to do so. Now the gentleman knows as well as he Mr. RANDALL. They raise corn in Northern Arizona. knows anything that the sum of $525,000 has been given to feed these Mr. ELKINS. That is not done by tbe Apaches; that is on another Indians during the last fiscal year. He knows that there was an ap- reservation by the Navajoes. The gentleman is entirely mistaken. propriation last year of $450,000 in the regular appropriation bill, and There is one more point I desire to make. I appeal t.o the House that $75,000 have been appropriated this year by way of a deficiency. in all candor to consider that this is really a question of blood. Men, I hold in my hand t.he report of General Hatch, the present able and women, and· children have been murdered by these Indians, and I efficient district commander of New Mexico, to General Pope, to the submit the Government had bett-er pay millions of do1lars per annum effect that if he had not recently made speedy disposition of the than to allow its oitizens to be murdered. It is no answer to say that troops, and placed them in the vicinity of one oft hese reservations, there the conduct of bad white men is partly the cause of the Indian might have been nn outbreak. Thiswasabontthe time the last sup- troubles. This Government is able to subdue bad white men aa well plies were exhausted, and the only thing that saved this outbrt>ak as bad Indians, and should protect the peaceable citizen from both. was the check by G~neral Hatch and the appropriation of a certain It is no answer to say that these appropriations are spent here and sum to purchase supplies. there improperly. It is the duty of the Government to check all I appeal to the gentlemen of this committee whether it is not poor these abuses, carry out its policy, and prevent fraud. But its first, economy to try to retrench by starving these Indians, thereby hoping greatest, and highest duty is to protect its citizens, particularly the to save to the Treatmry a sum of 50,000, when it will cost in another poor frontiersman aud his family. I wish to give au instance which direction by the movement of troops in the event of war perhaps occurred in a. recent threatened outbreak at a ranch on 1he stage $5001000 and perhaps $1,000,000. I am confident that the movement -line between New Mexico aud Arizona in the month of February of troops to subdue the hostile disposition manifested by these last, whert\ the Indians had been supposed to be peaceable.. And wh at Apaches nt the Hot Springs agency cost the Government not an in- I relate is of common notoriety and in the records of the Indian considerable sum of money. Bureau. Why is it that this policy is pursued of reducing the appropriation [Here the hammer fell.] at every session, and incurring the risk of an Indian war, large ex- Mr. TOWNSEND, of Pennsylvania, obtained the floor, and yielded penditmes, and the destruction of the lives and the property of the his time to Mr. ELKINS. .. people t The Government has to pay it all in the end. Last ses- Mr. ELKINS. There were three men working at this point on their sion the n.ppropriations were too small, and it is proposejl to reduce farms. They were doing well, and perfectly safe to aU intents and them still further now, when to do so will render an Indian war im- purposes, when in broad daylight they were shot dovm by tbe minent and imperil the lives and property of large numbers of people Apaches while at their plows, their stock taken, and houses burned. on the frontier. I appeal to gentlemen of this House to endeavor to bring this question I desire to submit this point to the chairman of the Committee on borne to themselves and their families; I appeal to you who are here AyJ:lropriations. There are ninety-two hundred and forty-eight In- in this marble palace, or your homes, with your wives and loved ones dulJlB in these two Territories to be provide'd for uy this appropria- safe, suppose that one of yo~r family had been the victim and stricken ,. 3512 OONGRESSIONAL RECORD-HOUS-E. JUNE 2, down in this way, how would you.feel toward the Government if it single member-$6,000,000 voted away in less than an hour by a. had failed in its duty to feed these Indians or in giving protection f House determined upon retrenchment and rGduction of expenditures. I come back, then, to this proposition, that the Government should If during these perilous times, any branch of pu biro improvement and be strong enough to give protection wherever its flag floats, and that work could be suspended for a season, it was work upvn our rivers it should be strong all around against ~d white men as well as and harbors. Human life and blood, the safety of the property of against hostile red men. I do not speak on behalf of Indian agents. citizens, did not callloudlyforthisworktogoon. But, sir, on the other But I ask you to do what is necessary t.o police the country and to hand, an honorable necessity, interest in the welfare of yoqr citizens protect human life. And let it not be said that this Government on the distant confines of the Republic, safety of life and property, is so weak that it is on a level with the government of Turkey, do demand that a sufficient sum be appropriated to retain these In- that cannot afford protection to the people w bo desire to search for dians on reservations. the tomb of Christ in the Holy Land from the wandering Bedouins. But, sir, when the river and harbor bill was up for consideration I You h::w e in the heart of f.his continent and within the jurisdiction did not hear the chairman of the Committee on .Appropriations say a of the Government a few thousand roving, restless Indians that re- ~ord _agalll:st it, nor. tho six. millions it gav~ awa.y; altho.ngh be was sist and defy you more than the Bedouins do Turkey, and render tho suffermg, literally siCk to get an opportunity to oppose 1t, Jet I did lives and property of your citizens in constant . 1876. CONGRESSIONAL' RECORD-HOUSE. 3519 the sw~at of his brow, including the farmers, mechanics, and labor- profits, but they would not. Why f Because we were not in condi- ers, must share in that loss. And this loss to the laboring-man by re- tion to compel them. We wanted the article and .were compelled to duction of the tariff below the true standard will be far greater than have it. The English merchants knew that, and also knew that we the saving he will make in the reduced p1·ices of the manufactured could not get it except from them. That gave them the advantage of articles that he will consume, for the reduction in price, if any, will be us, and then they fixed the price and we had it to pay. During this brought about by prostration in business. time there was a tariff on this Bessemer steel, and our consumers then If we put the tariff so low that we cannot manufacture in this not only paid this tarifi', but they paid an outrageous price for the steel country, then our laborers u:..ust go to the plow. What then will be- besides. But a's soon as we commenced manufacturing it in this coun- come of our farming interests f If every labOring-man raises his own try, what was the result! It commenced falling in price at once, and bread and meat, who will consume the surplus products of the farms f in a very short time we could purchase it' in currency at less rates Where will the farmers find a market Y The free-traders say: If than we could purchase it in gold before we commenced manufact- they cannot find a market in this country they must ship their prod- uring it. A.nd as our manufactories of this steel increased in numbers ucts to Europe, where we purchase our manufactured articles, and and capacity, the competition increased iu the same proportion, and sell them there. But Europe does not purchase but a small portion the price continued to fall, until now we can purchase all the Besse- of the surplus products raised by our present number of farmers. mer steel we want for $60 a ton in currency. I know it is said that What would be the re ult if all of our laborers were turned into its price was made high because there was a patent on its manufact- farmers t The statistics for the last thirty years show that we have ure. I admit·that that made a difference of $5 per ton on rails and not been able to sell abroad more than one-tenth of our surplus from 10 per ton on all other kinds in tpe price; but the great cause of the t.he farmB. Europe has plenty of farmers, and they raise good crops. high price was on account of the European manufacturers having a When the season is good t~ey want but little from us. When the monopoly in its manufacture. But as soon as we commenced manu- crop is a failm·e there, like it is here sometimes, then they want more. faotiurin~ this steel our tariff served a new purpose, and at once be- But a great farming country like this cannot afford to depend upon came a shield of protection to our labor against the impoverishing a foreign market for its products when that market is not able to competition of the cheap labor of Europe engaged in manufacturing consume one-tenth of our surplus. If we wish to be prosperous we this same article, the same aR. a strong breakwater protects the ship- must make a horne market, and that can only be done by building ping within the harbor and prevents its destruction by a heavy sea np manufacturing establishments a.U over the country that will em- driven a~ainst its walls by the furious storms of the ocean. So that ploy millions of Jaborers, who, with their wives and children, will the English manufacturer, after he paid all the expenses of manu- farnish mouths to eat up the products of our farms when cultivated facturing this steel in Europe and paid for shipping it to this country, to their fullest capacity. If these laborers are paid good wages they and then paid our tariff-this steel cost him as much as it cost us to will be prospe1·ons, and can afford to pay to the farmers good prices manufacture it in this country, we paying to our laborers a living that will IIL'tke the farmers pro perous . • price for their labor. . When the farmers and laborers of the country are prosperous they This tariff then protected our manufacturers and prevented them · always feel like enjoying their prosperity. Then they want new from being broken down, becaase it prevented the English manufact- houses, barns, wagons, plows, buggies, harness, reapers, mowers, good urers from putting down the price of this steel lower than we could olothes, hats, boots, shoeld, &c. To make all these would give the manufacture it here and pay our labor a good price unless they did it c:trpenters, bricklayers, stone-masons, blacksmiths, taUors, hatters, at a loss to themselves. By this protection then we have been enabled ;;:hoemakers, merchants, &c., plenty of employment at good wages to build up this home competition, which has uronght down the price aw:l profits. The country being thus made prosperous, the lawyers, of this steel in currency to one-half what its price was in gold before ,ind in t.h is country by labor, tition by sustaining our manufactories, and that can only be done by the tariff that we put upon that class, if it is sufficient to protect a protective tariff. With such a tariff we maintain our manufacto- our labor, does not make the article any dearer to the consumer, and ries, develop our resources, open and work our mines-of coal and iron, upon such articles it is the foreign merchants and manufacturers mal-e more valaable om· stone and timber, improve the cultivation ·w ho pay the duty, and not the consumers in this country. This is a. of our farms, add wealth to the country, increase our population and proposition that can be demonstmt~d and _made clear beyond ques- make our people more prosperous, and at the same time make the ar- tion. The consumers of this country do not pay it for this reason: ticles we manufacture cheaper to our consumers, lighten our burdens A protective tariff builds up and sustains our manufactories. They of taxation by making the foreign merchants and manufacturers pay being numerous, and distributed throughout the country, keep the the duties that go to support our Government on all articles shipped supply equal tQ the demand, and thereby create strong competition from abroad, where we manufacture the same kind in this country. with each other as well as with the articles shipped from abroad. Because Europe is able, on account of her cheap money, cheap la- Tllild competition makes each manufacturer come down in his prices, bor, and cheap transportation, to manufacture and sell to us cheaper and the one that will sell the cheapest gets the trade. This home than we can manufacture the same articles in this country, is no evi- competition is what regulates the. price of all articles in our market dence that she would do so, unless we ru.:e in condition to compel her, and keeps them as chea.p as they are. To illustrate this more fully ancl that we can only be by keeping up our home competition by a take the article of Be emer steel. We did not manufacture that ar- protectiv() tariff. To show how cheap Europe would sell to us if we ticle in this country to auy extent beyonn mere experiments until had no manufactories in operation to create this home competition, 1868. Prior to our manufacture of it we never bought a single ton take the case of l'ranee, in one article alone, after her war with ••f it from Europe for le s than ·112 in gold, and most of the time Prussia. That war destroyed most of her iron manufacturing estab- the price ranged from $130 to $150 per ton in gold. During the war, li hments. A.t its close her people were compelled to have iron, but ··vhen 1 in gold was worth $2.80 in currency, this steel then cost us had no means of their own to regulate the price by any kind of home at the rate of 400 per ton in currency. competition that amounted to anything. The other nations of Eu- The English merchant:B and manufacturers could have sold us this rope had iron to sell and the French people were compelled to pur- gteel for a much less price than they did and still have ma.de enormous chase it. Did thei:Se nations stop to inquire at what price tll.ey c~uld 3520 CONGRESSIONAL REOORD-HOUSE. JUNE 2, sell iron to the French people so as to make a good living profit to her economy has distributed her gifts in infinite variety of form and themselves, without any kind of extortion from their French neigh· material in the sea and in the land, and bestowed upon man n cor- bors who had been so sorely tried by the w:1r f No ; the only thing responding variet.y and a.daptation of faculties, appealing to him for t hey t hought of was how much they could exact from them without n wide and varied exertion in the appropriation and use of the re- any reference to their necessities. Iron, as we ali remember, in 1872and sources placed beneath his hand. It is forbidden that we should all 1873, duriug the time France was being thus bled, went up in price be engaged in one pursuit. more than clonble what it was before the French market was opened No peop_le ever were or cm1 be ~rosperously or happily employed in up to them. And just so it would be with us if we are ever short- one pursmt. The talent of a nat10n cannot be developed by the ex- sighted enough to put our t:1riff so low that we cannot manufacture ercise of the faculties only necessary for one pursuit. The competi- iu this country without impoverishing our labor and crippling all tion of a whole people in one pursuit renders the results of labor the industries of the country. Expecting to supply ourselves with worthless. The law of nature is diversification. This gives to ach cheap goods from abroad, we will be badly sold. Europe will sell to variety of effort its doe reward. France and England are illustrations us cheap goods, and pay our tariff duties that go to the support of of diversified industry, where every faculty has been developed, where our Government, and save our people that burden of taxation, while genius and skill have been cherished until they have made these na- our manufactories are in full blast and we are in condition to dictate tions magnificent theaters of domestic exchange, and enabled them to terms as to price; but when we place onrselves in a condition that cover the seas with n commerce that fills every market and proclaims they and not we can fix the price, then look out. They would rob us their triumphs on every shore. There is no more inviting field fo1· as they did France; all they want is the opportunity. A protective diversified industry than our ~wn country. In the amplitude of its tariff is our sheet-anchor of safety," and whenever we cease to main- territory, in its climate, in the variety of its soil and its products, in tain it we will find our laboring people out of employment, and suf- its inexhaustible a.nd varied deposits of ~inerals, and in its vast and fering for the want of bread. _ . wonderful internal water system it challenges and invites the enter- Europe has wealth and she has greatness, but each is confined to prise and skill of mankind. The duty of this Government, as of every the few. The great masses of her people are poor; they work hard other, and peculiarly of this with our natural ad vantages, is to protect and are permitted to enjoy but few of the comforts of life; most of nnd foster its 1abor. Its whole energies should be bent to the work of them have to put up with a bare subsistence. There capital controls promoting and cherishing every industrial pursuit, and cultivating to labor and forces it to work for low wages. If we allow our working its highest efficiency every faculty and endowment of its people; people in our manufacturing establishments to come in competition and it should render available to the disciplined brain and skilled with this cheap labor of Europe, ca.nnot every one see that ours must lmnd every natural resource. give way to it and full to its level in price or quit the shop and go to Free trade ignores all this, and arrays itself against all govern- the plow f . If they quit the shop, that destroys our manufacturing, mental interference aml care for the labor of the country. It madly injures our prosperity as a nation, takes from our farmers their home makes war upon labor and dQmestic exchange to give supremacy to market; for these laborers would then raise their own bread and meat, foreign commerce, which in the nature of things is but a secondary and turns us over to the foreign merchant to be robhed by exorbitant necessity. The province of foreign commerce is the exchange by one prices as France was plundered after her war with Prussia. On the nation of the commodities which it can produce with others for the other band, if our laborers remain in the shops at the reduced prices commodities of the others which it cannot produce. This is strictly of the European laborer, their fate is sealed, and they will rapidly foreign commerce. But if one nation depends for its mannfacturecl sink to his level, and there remain until a protective policy shall have articles upon purchase and money payments, the money-paying nation been inaugurated that will give them relief. Does any one desire must become exhausted; and as the skill and labor bestowed upon that our 1a.boring people shall be thus reduced f If not, there is but most of the manufactured articles of commerce contribute mo t to one way, in my judgment, to prevent it; and thnt is, to chenpen the their value, adding to the raw material in most cases double and treble interest on our money so that it can be used in business, and then and in many a hundred-fo1d, if they furnish on1y the raw mate1·ial, protect our labor from the cheap labor of Enrope by a. tariff. By so whether it be in breadstuffs or any other material, or partly raw ma- doing, as I have shown, we build up the country and make it pros- terial and the balance in money, and purchase with it their mannfact- perous, make all articles we manufacture cheaper to the consumer, ures, they must inevitably and constantly become the debtor, and supply the .m arkets of the world from our workshops, and make the sooner or later find themselves exhausted. The balance mu t be foreign manufacturers pay our tariff duties that go to the support of against them, for the value of the manufactures consumed in evt1ry the Government on all articles we manufn.cture, and save our people civilized country excee(ls the money of the nation and the value of from that burden of taxation. the export of raw material; and as the mere production of raw ma- M.r. KETCHAM. Mr. Chairman, I .am opposed to the passage of terial can furnish but partial employment, and that of a rude a.nd this bill, both for its policy and for its specific provisions. It is a cheap order~ the larger portion of the people must be unemployed, long step in the way of free trade, a policy that ignores all the obli- and the whole population doomed to the burden and oppression of the gations of nationality and knows no home and no country, and, with- poverty that results from the idleness of any considerable proportion out reference to difference of age, population, wealth, habits, educa- of a nation's population. Money against manufactures cannot sus- tion, or institutions, would make one rule applicable alike to the poor tain a commerce, for no nation has money enough; nor can raw ma- and weak, and to the rich and powerful, and subject a. people sparse terial, including the results of agriculture, against manufactures su - in numbers, and with undeveloped resources, to the unequal contest tain a commerce, for they are all too proportionately distributecl of competition with the accumulated power of nations who hold a among the nations to require sufficient exchange. controlling position in the great manufacturing and commercial inter- Great Britain, under the shield and defense of a rigid protective ests of the world. In this contest, as in all others the weak must go down system, developed all her resources, trained 7,000,000 of her people before the strong. The strong will crush and clear away nll attempts to the highest grades of skilled industry, supplied all the demands of at competition and with relentless despotism tn.ke possession of the her own people with manufactures, and having conquered India and markets of the weak, force upon them the products of their own in- the isles of the sea, and held on to her possessions in North and South dustry, and remit the whole popuL.'l.tion to idleness and its insepara- America, and generally played the hard-handed aggressor all around ble result, moral and pecuniary bankruptcy. This has been the ex- the world, and secured a monopoly of half its markets and resources, perience of the world. Fearful illustrations :1re to be found in with one-third of her population trained t.o manufactures, and insup- 'furkey and Portugal, who voluntarily burdened themselves With the portable except by manufactures, she resolved to become the great policy, and Ireland and India, upon whom it was forced by conquest workshop of the world, and do the world's manufacturing, and force and arbitrary foreign rule. We ourselves have temporarily tried the the world to employ her to do it, and pay her for it at her own price; experiment -on several memorable occasions. Under its blight on and her protective statutes having given her the complete mastery, every occasion we reached the brink of national ruin, and only res- and repealed themselves by their success, the more consistently to in- cued ourselves by resorting to the protection of a tariff on foreign duce the younger and weaker nations to fa.ll into an unequal compe- products to equalize the condition of this country with its competi· tition with her, she formally repealed most of her tarifl's, and pro- tors. There is a form of invasion, that of overreaching trade inspired claimed herself the champion of free trade. She has intrenched her- by avarice, pressing its conquest with all the power of wealth and self in all our sea-ports in the interest of free trade and importation. diplomacy and craft, to depress and destroy the productive power of She has organized and established her free-trade league • filled the the rival nation, t~at its people .may be made tributary to the ag- country with free-trade emissaries, scattered abroad its publications, gressor. This conquest degrades the labor and subjugates the spirit and subsidized the press, and imported here her Oxford professors and all genius of a people, and is more hopelesslydestructivethanany military the brood of the parasites of sbopocracy to popularize free trade; and aggression. The basis of power in every country is its labor. The gifts with their stale and flippant misrepresentations of Adam Smith, and of soil, minerals, all tbe bounties of Providence, are wort.hless, except so their jargon of pedantic nonsense they everywhere beset our people to far as developed a~d improved by labor. It is the wealth of the na- convince them that it is cheaper to buy than to produce, and more profit- tion. The power of physical and intellectual effort is the on1y property able to employ and· pay. foreign labor than our own, and here they of a people worth contemplating. The ex.istin u physical Iesults or find ready coadjutors in the importers, who never add a dollar to tho accumulation at any given time, considered of themselves, are so de- common stock, but gamble wit.h the fruits of toil, and clip their for- st.rnctible and evanescent that they do not deserve to be accounted tunes from the muscle and brain of the masses; and in those who wealth, but the capability of production applied ·t o the physical re- only know of labor in its most abject condition aod llarbaroLts form, sources of a country sustaining the accumulation of industrial results; guided by little more than brute instinct, and who have sub&isted th!s is the wealth of manhood, the most valuable of all wealths, the upon its results at such arm's length that their a sociation with it enduring power that builds up and sustains civilization. But this is has taught them to regard it with contempt and aversion in all con- only achieved by developing all the faculties of a nation. Nature in ditions; and in aU those who, tenacious of their own interest, totally 1876. CONGRESSIONAL RECORD-HOUSE. 3521 "' ignore that of ot.hers who are always eager forGovernm€mt snpport and the free-trade tendencies of this bill, striking as it does at the life of would deny it to all others; who always say my interest, my county, our most important manufactures, we never will resume specie pay- my district, my St ate, but never say my country ; who, because they ment, for we will never have the means to do it with. may need no protection, cannot bear that anybody else should be pro- Inst.ead of reducing this tariff and increasing the free list, we should tected, and would be content to prosper themselves in the midst of place a strong tariff on at least two-thirds of the present free list. It general ruin all around them-all these would use the Government should pay at least twenty-five millions additional duties. I am not for their exclusive benefit, and prevent it from its grand purpose, the speaking alone for manufactures. I am speaking for the Govern- care of the whole people and their welfare. ment and its financial honor; for the a~·iculture, the manufactures, Great Britain and all the other manufacturing nations say to us, the mining, and transportation, and tra-ae; for all the business of the "Do not manufacture at all; leave the market for manufactured country. They are all affected by this question. We are struggling goods to us; content yourselves with planting and sowing and leave under a severe depression. In all departments of employment labor to us the results of science and the mechanic arts. Your people are is suffering. In my own State, great and strong as she is, the ener- not constituted for successful manufacture." Upon this country they gies of her people are paralyzed. Go into her great coal-fields, whose have fixed their eyes as the great receptacle of the diversified labor condition is a reliable index of the business condition of the coun- of Europe. This people, they say, shall hoe and plant and hew wood try-the source of the power that fuses all the ore and propels all and draw water and be content in rudeness and simplicity to produce the factories and all the transportation of the country on land and and furnish breadstuffs and raw material and gold, and leave to En- water-and see there the millions of capital idle, and a hundred rope the science and skill and its wages. All very well for Europe, thousand miners, who, in the depth and darkness of the earth, de- so long as it could last. It would be all very well for them if we velop the wealth of the country and support themselves and families would leave to them all the. high grades of employment for men and with more peril and more courage than ·any other class of men. machinery at their own price, with a payiug employment for their See them on half time and half pay waiting and trusting for better shipping, bringing to us their costly products and lading back with times. But England is worse off than we are. Her land is filled with our raw materials and our money. A single man with his pick and financial distress and the wreck of enterprise, her millions are idle shovel may in a day mine the elements worth but a few dollars that and cry for bread, and her mills and marts are crowded with her constitute when combined a ton of merchant iron; but many hands manufactured goods without a market. She is looking with longing and much machinery must be employed to reduce them to the form eyes to see this bill pass. It would bring her relief more than any of the merchant iron, worth eight or ten fold as much as the rude ele- legislation she can do. Pass this bill, and one brief month will fill ments; and again, a whole well-appointed manufacturing establish- our market with her goods at starvation prices and ' extinguish the ment, with its varied machinery and array of skillful artisans, may be last hope of our industry. Shall we do it f Shall we abandon our profitably employed in converting that ton of merchant iron into pol- own, and defy that Scripture that has denounced as worse than an ished cutlery or into implements or machinery of a thousand forms, nfidel him that will not provide for his own household ' worth a thousand-fold the value of the original elements. So with the Agriculture and manufactures first, and then commerce. Commerce fleece of wool, t.he bale of cotton, the bundle of flax, the cocoon must spring from domestic production, and before it can be sustained of silk, that clothe the peasant and robe the prince. So with the bag that production must supply all the demand of domestic consump- of sand that makes the glittering mirror, and so with the cumbrous tion and furnish a surplus for exportation equal to the importation. rock that to the chisel yields up the column and the arch that sup- This is the only condition upon which a foreign commerce Cjln be port and grace the palace. They all say you may have the ore, the profitable to any people. Commerce has carried civilization to the ends wool, the cotton, the flax, the cocoon, the sandl the rock, and exchange of the earth and been a mighty agent in elevating the condition of them with us for the cutle:ry, the machinery, tne delicate instruments, mankind. Long lines of wharves,statelywarebouses,harbors crowded the robe, the mirror, and the column; and they all say if you will not with rich argosies, and the bustle and display of commerce are poetic surrender the business of manufacturing you most take off your tariff and imposing, aud the subject of justifi.a,ble pride when it brings home and let us into your markets in free competition with yourselves that in profit the riches of other lands; but when it comes like a many- we may have employment for our people and capital. And the import- winged monster to carry away the substance of the country, burden ers and shippers join in the cry and say, either surrender your manu- it with debt, and destroy its financial independenc-e, it is not the dis- factures or abolish your tariff, and give us commerce. To us they play of prosperity, but the delusive pageant that lea-ds to ruin. offer the alternative of either retrograding two centuries in the arts Free trade taunts us with the question, how long do you want pro- and uUimate bankruptcy or the degradation of our labor to serfdom tection! How long will yom· infancy last f To this q nestion we an- to compete with their cheap labor and cheap money. This is the swer, we want protection nntil our home production of all that we choice free trade would give to the labor of this country, and this can produce shall be equal to our home consumption. By that time is the condition upon which it would permit the country to build up our manufacturing interests will be so diffused throughout the oonn- its manufacturing and commercial interests. try that the raw material will be converted in its own locality and With these condit.ions we are .but too compliant. Even under the agriculture will find its market at home, and not waste half its value present tariff, called by free-traders a prohibitory tarifi~ we have im- in wandering across the continent and the ocean to find a purchaser ported the following list of articles of foreign manufacture to take in a foreign land. Then the expense of transportation will be taken the place of our domestic manufactures. There is not one of them off the ponderous and clumsy raw material and provisions and placed whose mat:R.rial we do not produce in abundance and whose manu- upon the compact and costly fabrics whose values will bear it. facture we cannot excel in : Then home competition will furnish cheaper and better fabrics than Copper, ore, pigs, bars, ingots, old. we get abroad, then our infancy will be ended, and with full growth Copper, manufactures of. we will enter into free competition with the manufacturers of the Cotton, and manufactures of. world. We deny that we have always been protected and that pro- Glass and glassware. Iron\ pig. scrap, cast, and rolled. tection is a failure. Up to the adoption of the present tariff we never Harnware, forged iron and fire-arms. had over twelve years of what could be called protection, and then Machinery. but four or five years at a time. The first tariff that protected any- Cutlery, files, saws, and tools. thing was the tariff of 18'24, and that was only partial. The tariff Steel rails. Steel, ingof.s, bars, sheets, and wire. of 1828, a very high tariff, la:sted five years, and then on the sliding Manufactured iron and steel, not spooi.fied. scale of a compromise descended so rapidly that it came to nothing Lead, pigs, bars, and old. in nine yean!, and in its descent gave us the panic of 1837, with its Printing and wliting paper. §~tsions, (meats, poultry, lard, butter, &c.) shinplasters, idleness, and beggary which lasted till 1842, and on the way, in 1840, turned the democrats and free trade out of power. In Silk, and manufootures of. 1842 the whigs established a high protective tariff which rapidly re- Wat-ches, watch movements, and material. stored the country to prosperity, and became so popular for its benefi- Wood, boards, deals, planks, joists, and scantling. Wood, shingles and other luml>er, except sawed or hewed. cence that the democrats in the contest of 1844 made it the labor of Wool, and manufactures of. the campaign to- prove their candidate a better protective-tariff man Wheat and wheat flour. than Henry Clay, and with a C:l>~paign banner with a lie for its White lead. motto swindled Pennsylvania into voting for" Polk, Dallas, and the Zinc, blocks, pigs, and sheets. tariff of 1842." This put tile democracy into power again. In 1846 YeR, to deny our own people employment, and to depress our bosi- they repealed the tariff of 1842, and gave us a revenue tariff" with ~ess and contribute to the distress of the country, we ha.ve paid for incidental protection," which means the protection that cannot be them to other countries in 1872, 240,294,813; in 1873, 232,423,897, prevented. and in 1874, $167,753,194; altogether, $640,4(1,904 in three years. In In 1857 the tariff was again reduced, and we had free trade with fourteen years, from 1861 to 1874, we have paid :in settling balances its most approved agonies: a panic that laated nntillSOO. So that up of tmde $765,867,166, and in eight years prior to 1875, $431,992,761 to the rebellion we bad about twelve years of more or less protection, for the same purpose, in gold. But for this we should have been re- and at such intervals and with such agitation that it served only to lieved of all our financial embarrassments, and long ago our currency awaken the hopes of the people for a little while and then leave would have been at par and redeemed in gold. The balance of trade them to disappointment and despair. Instead of an infancy fostered bas been slowly, but steadily, growing less under the operation of the and raised into strength, we have been occasionally promiRed and present tariff, until it has nearly or quite disappeared. If this tariff caressed for a little while only to undergo with more suffering Lord be continued the balance of trade will be in our favor, and by the Brougham's and Joseph Humes's proposed strangling in the cradle. accumulation of gold in the country in a few years we may be able We rescued ourselves from distress by the tariff of 1824 and 1825, and to resume specie payment upon a sound and enduring basi~. Under again by the tariff of 1842, and again by the tariff of 1860. IV-221 CONGRESSIONAL RECORD-HOUSE. The necesRities of the co.untry have continued the tai·iff of lSGO with appropriate to itself the benefit of excessive reward. High prices for some amer.dments f01· sixteen years, the longest period any tariff has manufactures aftect t.be prices in every department of trade and been let alone under this Go,ernment. It was. not established as has directly raise the price of labor and raw materials of every discription, been t.aid, for the purposes of the war; it was enacted before and with- including provisions, and thus compensate for any increase in the out ml'erence to the war, although with some amendments it has en- price of manufactures. But he says that the high prices of manufact- abled n::; to pay the interest on the war debt. Though assailed as a ures increase the burden of the whole people who purchase them prohibitory enormity by free trade, our imports nuder it in 1874 while they only confer this reciprocal benefit upon the immediate lo~ amounted to about six hundred millions, with a free list of one hun- cality where they are produced. 'fbi is impossible in the nature of dred and eighty millions, of which we might have produced at least things. 'l'he increase in the price of manufactures or of grain or pro- two-thirds, so that on four hundred and twenty millions it raisecl us visions in New York is felt simultaneously in every town ancl hamlet one hundred and sixty million.s of revenue. Under this tariff we and on every farm in the land; and so a tariff protecting a manufa-ct- raised more than one hundred millions dming most of the years tft. urer in Massachusetts or Pennsylvania is felt in its appreciating the war, with st.eadily increasing imports. power upon tbe whole business of the country. 'fhere is not a day's Under this tariff, up to the financial panic of 1873, this country was work or bushel of wheat or pound of beef that is not affected by it more prosperous than ever before. Manufactures sprang into e~ist­ from Massachusetts to Texas. This can no more be prevented than a ence all over the country, agriculture unburdened itself of debt, the wave of the sea can be prevented from seeking its level. people were everywhere employed and liberally rewarded, immigra- . But suppose this is true, wha.t is gained bv this rai ing the price tion crowded to our shores with money and skillful hands, new States of everything f Has a day's wages or a. bushel of wh~at more pur- were populated and organized, and the productive power of the coun- chasing power than·it had w.ben we W{'>re without a tariff and without try filled it with abtmdance: In the ten years from 1 60 to 18i0, in manufactures and prices were low.Y It has more purchasing power for the nine old or Eastern and Middle manufacturing States, our manu- ~be ren:son that the whe3:t has a market and labo.r has employment factures increased 120 per cent. and in nine Western States 257 per for whiCh they both receive the means of purcha-smg, and without a cent.. market and employment they cannot command the means of purchas- Tl1e va-lne of the iron and steel product of the country may be ing at all. Under free trade, wheat and provisions can go to a forei,..,n safely estimated at from onehtmdred and twenty-five to one hundred market. Yes, to a limited extent, not to exceed one-eighth of the pr;d- and fifty million dollars, having trebled in ten years; and of this uctof the country, with the expenses of transportation, insurance, and amount from fifty to fifty-five millions was paid for labor. all the otfier charges that attend it on its long journey to reach a com- The coal trooe of the United States shows an equal ad vance, the petition wHh the produce of all the world. But what is to become of production going up from twenty-two and a half million tons in 1864. the other seven-eighths T The home marketforone-fomth of it is gone to forty-five and a half millions. in 1874, an increase of 100 per cent. with the abandoned manufactures. And what becomes of your Much the larger portion of this coal was consumed by manufactures, labor that found employment in manufactures t A portion of it, the at least 8,000,000 tons in the manufacture of iron and steel, besides a most valuable, the choicest skill goes to other countries to enrich large amount of charcoal. About $30,000,000 in wages was paid for other lands, and the remainder", from two to three millions of opera- labor in mining coal to make iron and steel, besides all used in the tives, are driven by necessity into agriculture, adding their produc- infinite variety of iron and steel manufacture. There were abont150,000 tion to the already marketless millions. What then will grain a.ud mineis mining coal, about 60,000 men engaged in making iron and provisions be worth T It would not be worth harvesting. Then steel, and the wages paiu to these two employments amount to from with free trade foreign manufactures will have the market to them- eighty to ninety million dollars, and from thirty-five t,o forty millions selves without any competitioJI from us, and we shaH be able to buy in Pennsylvania alone. In 1874 the iron-ore product of Lake Superior at their prices, and not ours. Then, with provisions we will pay tbem was worth nine millions. In 1873 five western States, 1\.lichigan, so far as they will take them. Yes, out of a snrpln~ product of two Wisconsin, Inuiaua, Illinois, and Missouri, producerl 372,000 tons of or three thonsa.nd millions of farm products we will exchange three pig-iron, about one-eighth of the whole prouuct of the country, pay- hrmdred millions' worth, if they need them, and as we have noth- ing for labor about $8,000,000; a.nd iu 1874 the product of pig-iron ing else to exchange we will pay the balance of three or four hun- of the whole country was about two and a half million tons. dred million dollars in money, or go into ban1.1'uptcy to pay the In 1860 all the manufactures of the count1·y amounted to about balance of trade against us. This is no tariff. Tbis is free trade ancl nineteen hundred millions, in 1870 to four thousand two hundred and its low prices. · fifty millions. In 1860 we exported of manufactures about fifty mill- .A.s I have aheady said, protection does not permanently enhance ions, and in 1874 over ninety millions. In nine western States in the price of manufactures. Tho home market'being assured and con- 1H60 the value of manufactures was two hundred and twenty-nine fidence in the stability of the protective policy established, capit.al millions, and in 1870 more than eight hundred millions. ~bout will seck investment in manufactures, a-s it has done in the iron bu i- 1,200,000 persons are employed in trade and transportation. At least ness, and the home competition, aided by perfected machinery and half this employment comes from manufactures. Our iron and steel skill, wit.h the abundant facilities of the country, will produce all the manufactories and a great va.riety of cotton and woolen and wood fabrics required by our people, of as good (]Uality and as cheap as manufactories are of sufficient capacity to supply the cotmtry. tlley can be produced anywhere. 1'he question is, who shaH do the The gentleman from lllinois, [Mr. BuRCHARD,] who'seemsto think business and receive the pay, and whether we shall manufacture for tba.t the chief blessing of the world -is low prices, and that the only ourselves, employ our own people and keep our money at home, or object of Government is low prices, and that if western farmel'8 could buy our goods abroad, send our money out of the cotmtry, and deny buy their manufactures for nothing this count.r y would be an Elysium, our people employmentT If anybody doubts that undei' a protective appeared the other day to fi~ht the battle of free trade, anu produced tari.1f our markets can be supplied with cheap goods by ourselves, let a bewildering array of ta bnlated figures to annihilate our manufact- him look to-day at the prices of all American woolen and cotton goods ures, and he seems to have proved Lo .his own satisfaction by these and American iron and its manufactures, and see every market full :figures that the more manufactures ru:e protected, and the more manu- of better and cheaper goods than Englanu ever sent here under free facturing is done in the country, the higher prices become. Figures trade. Our people are getting to know it. They are getting tired of j t is said will not lie. But there is one thing certain, figures, and the free-trade cry, "Buy where yon can buy cheapest and sell where facts which they represent, may both be marle to produce false re- you can sell dearest." They have got to umlerstand what Carlyle sults by incongruous combinations and false relations to each other. meant by cheap and nasty. They do not want English cinder iron Facts, like anything else, may be misappHed. The gentleman gave nor English shoddy. They do not want English prints that lose one- us an illustration of this when he set to work to prove that pro- third of their market valne the first time they are dipped in the wash- tection as a policy permanently enhances the price of manufactures, tub. '!'hey prefer t.bat she should cheat somebody else with them at by citing instances and illustrations of what we admit is the tempo- free-trade prices even if she has to steal American trade-marks to mr y result of a tariff, that for a certain time succeeding the laying on get them off her hands. . · or incrf\asing of a tariff on a given manufacture lts price is increased. The gentleman says, buy where you can buy cheapest and sell While he faiJed to prove his proposition, he accomplished what is cal- where you can sell ·dearest. Where it costs two bushels of wheat to culated to mislead n.ll those who would conteut themselves with his sell one to a foreign market it is, to say the least, questionable say-so without further inquiry. whether this is not rather costly · selling than selling dear. Tran - No such temporary effects truthfnlly illustrate protection. While portation across a continent and over the sea cannot be done for for a time a tariff having excluded or limited the importation of a nothing anu wiJl require a great amount of grangering to reduce it certain fabric will raise the price of the dumestic manufacture, yet to nothing. 1u his ecstasy over the English market he ignore with that very increased price will induce competition to the extent of tl}e contempt the market of our own people for the products of the West, capacity for product.ion which will reduce the prico ultimately as low and broadly proclaims Great Britain the only market, and boaats that as ,vi]} sustain the manufacture. The same law will goven1 here aa the West feeds 15,000,000 of Englishmen. I certainly have no ob governs the price of foreign manufactures. The temporaTy results jection to his feeding all mankind, hut inasmuch as all the bread· exhibited ln his elaborate tables are not the c1·iterw by which to stuffs and provisious shipped from this cormtry to all the world measure the continuous history of a business. In the long run, in amount to less than two hundred a.nd fifty miUions, and Jo.bn Dull either foreign or domestic manufacture or in a.nytbing else, the law gets less than two hundred millions, his 15,000,000 of Englishmen o.f supply null demand regulate the price. fare pretty slim on about $13zJer capita, per annum, the slimmest fO:ed- For the sake of the argument, snppose the tariff sbonld permanently ing any English ever got since they learned to eat beef and drink ale. raise the price of manufa-ctured articles. No branch of business can The farm proteps towMd monopolizing traffic in any manner whatever. Its de- g~ther, inventive genius has been displayed in greater or less degt·ce, 1876. CONGRESSIONAL RECORD-HOUSE. 3525 tin in our day it has culminated in the steam-engine and the electric I would not include in the list to be rejected those who for a good telegraph. The wooden plow of the ancients is abandoned and gives reason, from circumstances beyond control, had failed compliance place to the 'Useful and effective implement of the present time. Agri- with the rules of the Patent Office. Many cases of this kind could cultural tools and conveniences multiply on every side, and the tiller arise, fair subjects for consideration, which might possess merit not of the soil is made glad and enriched by the introduction of speech- to be (lisregarded, but would reject emphatically and absolutely the less bot many-fingered helpers, reducing his labors and causing the plea of ignorance. I am inclined to think, furthermore, that it would earth to bring forth with renewed and manifold increase. "With in- be better to have a ~eneral law controlling these cases, and avoid creased populations come increased means for their support. A t,he neceilsity of special legislation; or even better than that, to leave wise and beneficent Providence implants in man . a fertile imagina- it entirely with the Commissioner of Patents, without reference to tion, and making him the agent to carry out His ~eat designR, di- Congress. This branch of the national Legislature is so large that rects his thoughts to the invention of useful machmes, and ·thereby cares of this character rarely receives proper consideration, and it is . contributing to his comfort, advancement, and happiness. evident that the House is not always, and in fact seldom, willing to The farmer, the soldier, the mariner, the manufacturer, all classes accept. the conclusions of its committee. I speak from knowledge of industry have derived what appliances they have in their vocations when I say that the duties of this committee have been discharged and aro still dependent upon the inventor. In the mansion of the this session with n. single eye to the administration of justice, and rich or the modest home of the poor, on every side wherever is to be with favorit.i sm to none. seen a comfort or convenience, behold the result of the studious and But to return. The history of inventions is one of the most inter- active mind of the inventor. The practical results of this gift are to esting to study. The Congressional Library contains many books be seen in every direction, and in every land and upon..every se:t are suggestive of the benefits conferred upon the world by this class of the monuments of the impulse, the energy, and the efforts of these active intellect-s, who have studied out and brought to light the mul- men of thought, imparting to the peoples of tho earth a grand senti- titude of grand devices and designs once unknown or mysteries, but ment of progress and impelling to new glories and greater and better now so plain and simple. The stories of self-sacrifice, of poverty, action the nations. anxiety, and toil, the hopes deferred, the efforts unrewarded, the trea-s- Mr. Chairman, this may not be the place for pronouncing encomi- ure spent, tell at what great cost this present age enjoys its many ums upon inventions or for an elabomt.e eulogy of inventors, neither blessings. While the record of some mighty leader in battle, shed- do I propose it; but a recent visit to the centennial exposition t.as ding the blood of nations, acquiring glory and renown and position impressed me, and no doubt it has every member of this House, with upon the misery and ruin of his fellow-men, charms the popular eye the grandeur of the conceptions of inventive genius. Observe the and ear, he who has conferred a boon and added to the stock of hu- tmmense en~ine, which at a simple touch moves with ponderous, yet man happiness by some useful invention receives but a passing no- graceful dignity, inspiring every other part of the grand combina- tice and his name perhaps passes into oblivion. The arts of war are tion with life, performing the labors of ten thousand hands, and, like seemingly paramount to the arts of peace. a good servant, accomplishing the desire of its master. What perfect Our present patent laws, while in the main judicious, yet embody unison! what charming harmony of action! .A glance at that alone some peculiarities worthy of consider:ttiou. Notably is that of a pat- should be sufficient to fill every heart with admiration for the invent- ent taken out in a foreign land (in England) to run a stated time, ive and mechanical skill which produces such grand forms andre- which, lapsing for the non-payment of certain fees, cn.uses the Ameri- sults, and dispel the feeling of envy or objection existing against the can patent to die. Issued for fourteen years, it ceases (regardless of legitimate claims of the inventor. the time it has run) with the foreign patent. In making this state- It is true, there may be an honest difference of opinion as to these ment it is proper to say that no legal decision has yet been rendered claims, one argument being that the inventor is as much entitled to upon this point; but it is the opinion of lawyers familiar with pat- his invention as the house-owner is to his property, and that he and ent law that the .American patent would cease by a lapse of the for- his heirs should. remain in perpetual possession, while the other side eign patent; while others maintain that such consequence w~mld declare that his ownership should be limited to a short term of years, follow only upon the expiration of the full term of the foreign patent. and t.hen become public property, open to competition in manufacture, Ihn.ve in vain sougbtfor an explanation of this dependence of Amer- and the inventor deprived of personal benefit, except so far as he may ican law upon foreign law. There is no good reason discoverable why take his chances with general competitors; that the term of the pat- there should be any connection between the two, unless it be in the ent should be arbitrary, without the right of extension, regardless of interest of manufacturers, and this position will not stand the te:st the fact of ina.dequate reward; permitting no sympathy for him on of argument. They are separate and distinct, without any bond of account of poverty, or adverse chcumstances, or misfortunes of any syrupa.thy, and it is felt by inventors and believed by those who kind, leaving nothing for him but the fame he may have acquired, and understand the subject that the law should be repealed. In Great which, in many instances, is taken from him by the sharp, shrewd Britain the law requires the payment of heavy fees at the end of the speculator in patents, consigning the inventor not only to poverty, third and seventh years of the exit~tence of the patent, and if the unt oblivion. Upon this, as upon many other subjects, there are ex- fees are not .Pa.id the patent terminates. Under om· laws the original tremists, and I believe I have stated the extremes. A happy mean fee is all required, except in case of re-issue, and the patentee enjoys would be to give to a patent a long life, so that the patentee could, his privileges undisturbed, at leas"t by the 'Government. Our law with a proper business tact, realize a sufficient amount to reward him seems to be fn.ir, liberu.l, and just, while the English is the reverse, for his time, labor, and ingenuity. and most oppressive to the inventor. But this is the land of inven- The present law, fixing the term at seventeen years, is generous and tion aud of progress. should be satisfactory. Under no circumstances shouJd the patent ex- It is quite possible, and no doubt is the fact, that many things are tend beyond the statute term; for the fact that an extension can and patented which cannot claim novelty to any extent, and are so s1mple may be obtained works a hardship to manufacturers and others who that they hardly merit special privileges. We are made to pay royalty may have invested in paJ:ticular machines, and ~hose purchased rights upon articles of the most simple construction, and upo11 very trivial may be invaded by such extension. 011:e advantage of the single cla.ims, merely because some shrewd thinker has conGeived the idea of term without extension is that the patentee, knowing the necessity, asking fora patent, and the Commissioner in such cases is bouud,if the would be incited to proper exertions to realize from his privilege an art-icle shows originality an dis patentable, to grant the petition. Hence adequate profit or reward. .All exclusive privileges are of necessity we have patents for coffee-pots, inkstands, glove-fastenin!f.s, paper monopolies, and should be so guarded and controlled by wise legisla.- boxes, stove-legs, and kindred articles entering into every day sdomes- tion as not to become oppressive or a burden to the people. .A pat- tic use, and oftentimes separate parts of these trilling but very useful ent is of this character, but the invention which it commissions, being utensils are patented. The consequence is, in many cases, that the pub- the result of individual effort, is entitled to certain consideration and lic is obliged to pay an excessive percentage of profit for thousands protection. If an extension is permitted, as is the case under the old of these every-day conveniences. 'the Government, however, re- law, the patentee should be held toastrict compliance with that law. ceives as large a fee for issuing such patents as for the more impor- One great difficulty the Committee on Patents ha.s had to conteud tant ones; but it is a question, and a pertinent one, whether this fee with in applications for first extensions is the excuse that the appli- is a fair offset to the tax in the way of royalties imposed upon the cant, not understanding the law, has failed in his statements before people. Nevertheless these laws and rules exist, and it would be a the Commissioner and hence ha-d his claim rejected; the Commis- difficult matter to draw the line between inventions that are of suffi- sioner being permitted to extend~ after the expiration of the original, cient importance to be patented arid those which are not. There upon proper application and evidence. Ignorance of the law should would be no doubt as to the cotton-gin, the card-stripper, the sewing- be no excuse. He who has possession of a valuable patent should be machine, the tp.ower, or the electric telegraph ; there mig~t be as to sufficiently interested in it to know the law protecting him, and should the bouquet-bolder, the stove-shaker, or a. patent too~-rnck. comply with its requirements or suffer. Ignorance of law is not an It is an amusing fact that oftentimes the most ridiculous articles effectual plea before the courts, for every man is supposed to know are offered for patent. There ever have been, and always will be the law and is held accountable. So with an application to Congress probably, men who indulge in the vain and illusive idea of perpetual for an extension or an enabling act to apply to the Commissioner. Con- motion, and I am credibly informed that frequent application is made gress is the court, and if the evidence shows that the applicant has for patents for this sort of thing. The God of nature, who by His failed even in some minor detail in his application because of igno- almighty will keeps the universe in motion, has not yet deigned to rance, his claim should be rejected by the'committee. This plan would impart to man the wondrous secret; and although He permits us to relieve the committee of much annoying investigation, ancl would be view His grand designs, the planet-s traveling in their orbits, alJ a warning to applicants to be wa.J:y, lest neglect should prove a bar things coming in their seasons, yet He says to man, "Thus far canst to succes . The present loose system encourages carelessness and may thou go, and no farther." be productive of false representations, iguor;mce of law being a very It seems to be characteristic of inventive genius to indulge in air·· safe refuge in the absence of somo better excuse. cast-le building, and it often leads to most absurd result-s. The fol- CONGRESSIONAL RECORD-HOUSE. JuNE 2, lowing, clipped from a newspaper a few days ago, although intendecl to 1875, inclusive, is here submitted, and tells its own story. It is as a burlesque, is a fair caricature of the extravagance of some mind worthy of examination : in t.he way of inventions: Among the ridiculous patents issued from the Patent Office is one where the in- ventor wanted a patent for an artificial moon. His idea W"a8 to have an immflllse -~ balloon, which wa~ to be moored in the air above tbe town. or city, aml from which would be suspended an ekctric light or great fire. l3y means of this invention we Year. w ere to become entirely inllependentof the moon and dispense with gas-lamps in the streets altogether. St-i ll another wanted a. patent for placing a large propeller-wheel on the bow of a boat. The ve~sel was imply to be startell by a steam-engine, and then the forwm:d motion of the boat" ould cau e t ile water to turn the wheel on the how; and this wheel woultl in turn impart motion to another wheel at the stern, which is to drive 1837 ----------------·- -·----- - ---· · ------· · ----- . 435 e29, 289 08 $.13, 506 98 tho boat fox-ward. The in-.entot's great fear in regard to this invention was that it 183!3 ------ --------·----·-----·-·-- --- ----- · ----- . 520 42 123 54 31, 402 10 would be impossible to build a boat tbatwoul•l be strong euou:;h to go through the 1839 -- -----------------·----·--·-- ---·---· ·-----· 425 37:260 00 34,54:1 51 water a.t the imm ense speed he expected to attain by means of his im·entiun; and 1840 · --------···-----------------· 735 2::!8 473 38, 0:>6 51 :!9, 020 67 his great o~iect was to invent some methou to keep the boat from running more 1841.-----------------·--·---·-·- · 847 312 495 40, 413 01 5'2, 666 87 than fifty miles an hour. 1842---- ·--·--- ---- -- ·--·- -------- 761 391 517 36,505 68 31,241 48 Another want.ed to obtain a patent upon an embalming compound; and wishing 1843 . -- .. --.---.---.----.--------. !:!19 315 531 35,315 81 30,776 96 to show how well it woultl preserve bouies, obtained the body of an infant., em- 1844 ---- -· --------- -- --· ·------- -· 1, 045 380 502 42,509 26 :36,244 73 balmed it in his best manner, and sent tho body to tLe Office as a. model. His model 1845 . ----- ------ ------ ------ -----. 1, 246 452 502 51,076 14 3!J, 395 65 was instantly r eturn{l(l t;> him. · 1~46 - --. ------ ---. - --- . ---- . ------ 1, 272 448 619 50, 264 16 46, 158 'll Applicat;ons for patents for perpetual motic.n are about as frequent as ever. 1847----------- ------··---·----·- 1, 531 553 572 63, Ill 19 41,878 35 Many of these inventions ~how a. g-reat deal of ingenuity, but all of them an utter 18413 ---.-- ------ ------ ------ . ----- 1, 628 607 660 67,576 69 58, 90a e4 lack of .b.11owledge of the simplest laws of nature. 1849 ---------·---·---·----------- · 1,955 . 595 1, 070 80,752 98 77,716 44 1850 ·------ --- -·-·-·-··· ---· ···--- 2,193 602 9!.>5 86,927 05 80, 100 -95 But there are in all departments of life t.he impractical and foolish 1e51 ______ · --- __ -----· _____ -·-- __ . 2, 258 7fio 869 95, 738 61 86,916 93 as well as the practical and wise. Fortunately for us, among invent- 1852 . - ------- ------------- . - - . - - - . 2, 139 996 1, 020 112,656 34 95, 916 91 ors t·he practical predominates. 1853 ---.---- . - . --.---------.-----. 2, 673 901 958 121,527 45 132,869 83 We have the most-perfect patent system in the worJd, and I think 1854 ----------··------·-·----·---- 3,324 86!3 l, 902 163,789 84 167, 146 32 1855 ----·· ------ -----. ----------- . 4, 435 906 2, 024 216,459 35 179,540 33 I have a right to say that the business of the Patent Office is con- 1856 . ----- ------ ------ ---- •• ------ 4, 960 1, ()2.t 2, 502 192,588 02 199,931 02 ducted with more ability and economy than any o~her Department of 1857 -- ----·----··----·-------·---- 4, 771 1,010 2, 910 196,132 01 211,582 09 the Government. The revenues of the Patent Office are always in ex- 1858------------------ ·------····· 5,364 934 3, 710 20:1,716 16 193,193 74 1859 --.--- ------ ------ ------ -.--- . 6, 225 1, 097 4,538 245,942 15 . 210,278 41 ce s of its expenditures, and at this time there is to the credit of this 4,819 256, J52 59 252,8-20 0 Burean in the United States Treasury nearly !:100,000. What ot.her 1860 ------------ ---··- ---- -· ------ 7, 653 1, 084 1861 ------- ---- ----.-. ------ -----. 4, 643 700 3, 340 137,354 44 221, 491 !11 branch of the Government can show such an exhibit as this f And U62 . _- - _• - ___ - - - - - -. - -. - • - . • --- - . 5, 03a 824 3, 521 215,754 99 1 2, 810 39 yet there are those whq pretend they would abolish the Office and 18fJ3 ----------------------------- · 6, 014 7d7 4, 170 195,593 29 189, 414 14 1864 - -- - - - - - - -- - - •. - - .. -- - - - - - - - - . 6, 932 1, 063 5, 020 240,919 98 2·29, 86a oo deprive inventors of all protection. 6,616 :l~8, 791 84 274, 199 34 1865 . --.-------------------- . ---- . 10. 644 1' 937 To get an idea of the magnitude of this department, it is necessary I866 . • • . • • . • . • . • . . • • • . . • . . • • • • • • • . 15, 269 2, 72.1 9,450 495, 665 38 361, 7i!4 28 to pay a visit to the museum of models in the magnificent building of 1I 867 t'tia .. -_______ _- - - . --. -____ •.. -. -___ - - -. •_-_•••• _ __•- -__- -• •_. 20, 21, 276 420 3,3, 597 13. 015 70:> 13, 37d 646,58 1 92 639,263 :J2 t.be Interior Department. This is one of the great sights of the cap~ 681,565 86 6213 679 77 1869 · -- - ------·---·--·------···-- · 19,271 3,624 13.986 693, 145 81 4E'6: 430 78 ital city. The visitor in 'Vashin~ton who neglects the opportunity 1870 ...•.•.·--·------ -------· ----·· 19,171 3,273 13,321 6ti9, 456 76 557,149 J9 of inspectiug this grand mnsenm of the results of inventive genin~ 1871-------.---------. --------- ·- . 19, 472 3, 366 13 033 678,716 46 560, 5G5 08 makes a serinuR omi:-:sinn an 1, 178 98 connection with this allusion to the ruustntm anti Lnilding, 1 wish to 1874 ·---- ---- · -----·- --· --·-··--- · 21,60~ 3, 18 1 1:1,599 73R, 2713 17 679,2 8 41 1875 - - - - . --- - - - - - - -- - - - - - - - . -- -- - - 21, 638 3, 0!14 16,288 743, 4.)3 31i 7:!1, 657 71 ~:;ay that this splenditl marblo and granite strnctnrc was paiu for in ]>art from the rcvenncs of tue Office, tlw coutri bn tions of iuveutors in the form of fees. Tho act of Congl'ess antborizing the builrling was Throngh the courtesy of a geut.lemn.u in the Office, I have obtained approved July 4, 1 J6, and the amount expended from the patent fnud the following facts and figures, which prove the wonderful increase was , ·319,000. of business. He says : To continct this immense bn~>iness it is necessary to have a large In making this estimate I ha;v6 calcula.ted tho cost to the Office to clispo e of an application. wh<'ther it went to pa.ti."J.Lt or was r ejected, for tho rea on tba.t. as a corps of employe8, n.nd many of t.hem, particularl.v the examiners,· rule, re.icctecl applicationR cost tho Office more for examinationR. &c., than t.boso mnst be experts. By experts in tbis connection is not meant good which are allowed. '£here were di Rpose,730 for salaries and $1i3,216 for mis. proficiency as an exaruiJ.J,·r reqnires experience nnd special training. cellaneous e::o..-pcnscs. Heuce tho aYera.c;e ex pen es for application were: 1856. The Commissioner of Patents, in a letter atitlressed t.o tbe Ho.u se of "'i!5.37 in salary a.ncl 6 30 misceilaueouR. or $31.67 total; 1 u5, .18.32 in salary and Repre entatives upon a reduction of the force and salaries, u es the 7 miscellaneou:>, or ~5.32 total; 1875, $19.80 in salary and $'2.72 misoollaneous, or following language, which l:lhould Le conclu sive: $2'?.50 total But 111-ior to each of thrse years there ball been j!T'!lnterl -patents a.11 follows: Pre- I bl'g leave to snggest that the work of t.he Office requires special train in{! ; that vious to 1856, 14,000 ; 1865, 4;),6E4; 1875, 1i 1,000. That is, m 1865 there were three even with the preseut pay it is not possible lnllg to k eep in GoYcrnru<•llt employ antl one-fourth times as mauy pateritH and in 1875 over twelve times as many tO be many of those best fitted by talent and experience fm· the 1luty; that tho creuit of gone o...-cr a.s there were in 1 56, and in 11375 three uncl three-quarters times as many the Office, and the interest of iuventor"R whoRo money supports the office., aml of as in 18C5. 'lho foreign paten::s and the technical literature increased in the same manufacturers, whoso capital to many millions is inYolvc.tl in]1filents, are imperiled proportion. H ence these fi~nues represent about the relative amount of labor in- by inefficient work; aml that tho increased number of patents and tbo gent-ral prog- volveu in tho examination of an appliration in those years. Assuming 1 as the ress of the arts render the proper examination earh Jl'at· more dillicnlt. The crro. standard for 1856, the proopm-tions would be thus: 1856, 1 ; 1865, 3.25 ; 1875, 12. Yet, n eous issue of a single patent may easily invol \O tho 11' ' S of teu times the amount owing to the etlorts of the last few years to thoroughly systematize the Offic:e, the of tho yearly pay of an exaiDiller. These examiners aro not only Lo grant patent.~, increased att.ention a.ud dilij!ence on the part of tho employ6s, and inorease1l facil- but to see that none are improperlv granteu. Im·entors 11a.y to the Government ities for examination due to the reproduction of back dra.wings, &c., the cost in each more than enough to afford the smail pay now allowed. To take possession of this case was nearly 3 less in 1875 than in 1865. There were over twice the number of fund , anu then furni:~h half-paiu (aml consequently poor) smTico, seems like a.fraucl cases t1isposed of in 1875 as in 1865, and seven and one-bali times tho aetna! work of on inventors. 1865 was U1PSON. Then why does not the ~entleman abolish the Office altogether t ~~~~i~~a ::::::::::::::::::::::::::::::::::::::::::::::::: 2, o5: 4,631 1, 7:l8 Mr. R.~DALL. I am not quite certain wnether I would not. Mr. S.AMPso~. 1f the gentleman is in favor of breaking down the inventors of Rhode.Ialand............ ... ......... ........ ......•....•...... 229 943 South Carolina................................................. 46 17, 513 tho country, then let Wm say so. Mr. RXNlJA.LL I do not prflposo it. The gentleman is speaking in my time. I ~:~:~~~~-:: :::::::::::::::::::::::::::::::::::::: :~::: ::::::: i}~ 10,765 6, 939 am not quite certain whether the whole system of patents in t-his country should not be broken up. As l said before, t.'l>ke yoill' sewing-machines, take your agri· f.~~~~+·~f::::~~m~\~~ ~ ~-~: ~ :~m~·\\::\:i .\:::~ ~~ 19,916 2, 709 cultural machines, and what have they done~ 'I' hey have laid contributions upon 12, 1:>0 the body of the people. I have no idea this Bureau shall have any great.('.r facility 12,710 than they now have. I re-affirm the fact that the compezumtion in this Bureau is 9, 209 larger than any other under tho Government. '3, 743 The gentlema.n from Pennsylvania, whose large-he~ted generosity ~~~~~Jl~~~~~:::::: ::::::::::::::::::::::::::::::::::::: 37i 5, 759 is proverbial and whose motives I know are correct, will hardly jus- tify himself upon an examination of his words. I - know he wonld !¥:·:: :~ ::~::: : : : : :~: :~~~ :::::~: . . . _'1 France . ....................................................... 91 not intentionally hamper any D~partment of the Government or ~;!~!~§ 2, 412 place any obstacle in the way of a proper administration. The diffi- culty is that he has not properly considered this Bureau . ft is sep- arate and distinct and different fi·om any other Department. The 3528 CONGRESSION~ RECORD-HOUSE. JUNE 2, people are not taxed one dollar for its support, but it is sustained by some were adopted, it might be abolished. What then f Something a f~w, not in the capacity of tax-payers, but as inventors. And why worse or nothing at all. The h~tt.er wouJd probably be satisfactory. the allusion to sewing-machines and agricultural machines f None No patent system; no protection; resuJt, no inventions. Can it be can certainly have any objection to them. Living millions and mill- possible that auy thinking man believes that inventors puzzle their ions yet unborn will venerate and bless the names of Howe, of Wilson, brains from a simple love of fame Y I believe the principal incentive of McCormick, and other worthies,_ the originators of labor-saving is bread and butter, or, in other words, a living, with a hope of ac- machines. Perhaps they have made fortunes. To fortunes they are cumulating money. Human nature is everywhere about the same in entitled. For a few brief years the Government permits them to this respect, and the inventor is actuated by the same impul e as are enjoy a monopoly, and we living contemporaneous with them must the lawyer, the farmer, the merchant, and the laborer. Take away pay them for their genius. The benefits stop not. with our age, but protection from these classes, and they must suffer. The same with the futm·e, full of centuries and generations, shn.ll enjoy these bless- the inventor, but in a greater degree. His protection is in our a. ~ ~ ·~ Ott> a ....-~dl<:) ~t- !:::d ci! ~ '"' ,0 Po -o~ ...0 Spccitlecl officers and employ6s. l'Zio ""'! c>. ~ .s ~:;; 'HQ .... g dl Po ... t- (X) ..... ~ 't: ~::f 0 F=~dl ]~ ¢,;). Po 1'1 .... ' 'ilZi ~s ~:s .... '0 3$ 0 -.s0 o<- .8 ~~~ ~.9 ~ § § s-.:::1 ~r~ ~-~a 0 ~ .g~ Po ;::l Po ...~ ~ e J t:~ 't: ~~ ~ ~

es of the Sioux Indians with a view to nt>gotiating with them a pay four times as much money as you onght to pay; and secondly, treaty or agreement for the cession to the United States of the rights of said tril>es to the countiy known as the Sioux reservation in Dakota and tlte territory ad- that the Imlians will not get what yon pay. Your proposition is to jacent, or some "t>Ortion thereof. Each person so appointed, not being a 'lalatied negotiate w\th the Indians and to make a bargain with the Indians. officer of the Umted States, shall be entitled to recei"\'"e $8 a day and his actual and I am not very familiar with your Indian negotiations, but I doubt very necessary tra."\'"eling exp'llses while engaged as such commissioner. That the sum, much if a. bargain was ever made with an Indian tribe in the world. of $SO,Oo0, or so much thereof as may he necessary, be, and the same is hereby, ap- propriated to bo expended under the direction of the President, to enable the tribes If tbere is such a case, it has only been in exceptional instances and or their representatives to assemble and confer wit.h such commissions~ and for with tho most advanced tribes. Your bargains, while they are nomi- the expenses of said commission. naUy upon their face with the Indian tribes, have been really made Mr. PADDOCK. I ac<'.ept the amendment. with their guardians ad lilent or what not, their next friends, the Mr. INGALLS. The proposition of the Senator from Vermont is crowd of hangers-on who always surround a tribe, who are their ad- evidently a very great. improvement upon the original bill as offered visers and counsellors, who reaUy tell them what they had better de- by the Senator from Iowa and reported from the Committee on In- mand, and finally what they bad better take, and who get large pay dian Affairs; but I still think that the proposition of the Senator for doing it, and take good care of themselves in every treaty that is from Vermont contains one limitation that ought to be removed. It made. You sent a commission out there to these Sioux gentlemen now proposes that. this commission shall treat with the Sioux for the last fall; they did not make a bargain; they found demands made relinquisl.lment of a certain portion of their reservation known as the which tney dared not accede to, and which, in my judgment, they Black Hills. I am very much in doubt whether the United Sta.tes would have been very unwise if they bad acceded to. Probably, want the Black Hills. But there is one thing that we do want, and strengthened by these instructions, your next collliDission will agree t.hat is peace with the Sioux Indians ; and I am inclined to thirik to whatever they ask, and they will be sure to ask a very large sum. that if this commission go there instmcted to treat with the Sioux The Senator from Kansas says that he doubts whether we want the for the relinquishment of that portion of their reservation upon which Black Hills. I concur in that doubt. I have never seen the Black the gold operations ha.ve been recently conducted it may be a fail- Hills, but I think there is a less eager demand for them on the part ure, and that the commission ought to have unlimited power to treat of the people of the United States to-day than there was six months with the Sioux Indians regardless of any cession of a portion of their ago. I do not want myself tbe Black Hills, but I do want and would reservation. be willing to pay considerable money to exclude the Sioux Indians So far as I can judge from the most reliable reports that have been from occupying that portion of Dakota Territory. They have now a received from that country, it is entirely valueless as a gold-bearing reservat1-on large enough for a good smart empire. It is no sort of region. Not one doUar has been produced for one hundred that have URe to them; they cannot cultivate it and do not intend to do so. been exponded, and the soil and the timber are no better than may he They do not even graze it. There is absolutely no game upon it. It found in a very large portion of the territory of the United States is worthless to them. When they want a buffalo, or a deer, or any- west of the Missouri River and now unoccupied. The Sioux are sen- thing else, they have to leave that reservation in order to get it. At sitive upon this subject. It may be that they will he entirely unwill- the same time they ar*" spread all over it, and you have to send the ing to relinquish any portion of their reservation; and, if they are so provisions that yQu send to them to a great many different points at unwilling, then this commission ought not to be restdcted by the a great cost of ca.rriage. It would be worth money to the United terms of the bill under which they are authorized to act to· the ces- States to collect that tribe on a small reservation, and on a reservar- sion of a portion of the reservation of these Indians, and I therefore tion, if it is to be in that country anywhere, near to some of your nat- think, and I hope the Senato1· from Vermont will so modify his amend- ural thoroughfares-a. reservation upon the .Missouri River. ment as to make this commission absolutely without instrnctions1 and Now, Mr. President, while I think if you undertake to trade with authorize them to proceed to that country for the purpose of making these people you will cheat them and get cheated both, if y~o pro- a treaty of peace upon some terms with the Sioux Indians, because, if ceed by way of legislation you may avoid the imputation of injustice the present condition of affairs is to continue, there will be hundreds if you please. If you will pass a fair act, the act will always remain more of lives sacrificed before anythin~ whatever can be done; and, of record and will speak for itself. It will always vindicate itself if if this is to be insisted upon, it is possible that a satisfactory result it be a fair one. And if yon dare trust your own consciences, you may be indefinitely procrastinated. I hope, therefore, that this com- know your judgments are better as to what would be a fair trade for mission will be authorized to proceed there and ~eat without any the Indians than their judgments can possibly be. You ought to be limitation whatever, and prevent the continuation of the difficulty safer counsellors and better legislators for them, better guides and that now exists upon that frontier. better friends of them, than those half-breeds, those squaw-men, and Mr. EDMUNDS. I hav~ no objection to adding, if my friend thinks the other guardians who have taken possession of the tribes and con- it neeessary, after the description of what they a.re now authorized trol them. So I should very much prefer to trust the honor of the to treat for, (which is a relinquishment of tp.e Indian title to the Da- United States to an act of Congress than to any negotiation that can kota reservation and their rights adjacent,) the words ''or otherwise be made by this commission. for the preservation of peace." That will cover the whole subject, I I shall vote against this substitute. I do not doubt bot that the think. .. Senate will think the old plan of treating is still the safer one. If :Mr. INGALLS. Anything that will not make it obligatory on this they do, they will a.g ree to it. I shall be sorry ; and I am very sure commission to obtain a cession of that portion of the reservation be- the country will regret it a. few yea.rs hence, if they do not this year. fore peace can be obtained will do. Mr. ALLISON. I desire to say a word or two in reference to the Mr. EDMUNDS. As it stands now, it doesnotdo that. They have object of the original bill as presented by the committee. The Sena- full authority to treat for the relinquishment of the whole or any tor from Kansas objects to it because it is limited iu its provisions. portion of this reservation. It does not say " Black Hills." . The difficulty that the committee had in m~king up a bill for this :Mr. INGALLS. That is what it means. purpose was that we not only desired to provide for the acquisition Mr. E .D MUNDS. I think it would be implied in t.he language now; of the Black Hills, so called, hut we desired to provide for what but I have no objection, if it is agreeable to the Senator, after pro- should he done with them after they were acquh·ed. The moment viding for authority to treat for the relinquishment of some portion the United States a-cquires possession of the Black Hills, if they are of this territory or the whole, to add "or otherwise for the preser- of any value whateve1·, they will be seized upon by the people who vation of peace." If that is agreeable to everybody, I will make that are in the hills. Therefore, we provided in this hill that neither the modification. homestead law nor any of the laws in reference to our public lands The ERESIDENT pro tempore. The Senator from Vermont modifies should apply to these hills, because we did not wish to have a per- .his amendment. manent settlement go into these hills, unless some provision should Mr. HOWE. Mr. President, the Senator from Kansas thinks th~ be made at the ~:~arne time for the absolute relinquh:~bment of this proposition now submitted to the Senate is an improvement upon Whole Sioux reservation and the removal of these Indians to the In- that which emanated from the committee. On that point I am dian Tocritory. It would be almo t impracticable to maintain settle- obliged to differ with the Senator from Kansas. The difference be- ments in the Black Hills if the entire country is to be surrounded by tween the two propositions, so far as I understand them now, is that an Indian reservation. Therefore the committee made some specific tbe one proposes to legislate and the other proposes to ne~otiate. provision on that subject. Both have in view the same end. The question is, Which is tne best Agaiu, we are to be called upon within a week to appropriate not mode of attaining that end f The Senator from Vermont objects that less than a million and a half dollars to subsist these Sioux for the 1876. CONGRESSIONAL R.ECORD-SENATE. 3533 coming fiscal year. Alt.bough WE\ are not bound by law or trea.ty as it is t.o preserve peace at the present moment and to arrest what I stipulation to do it, yet we shall have presented to ns, when t he In- cannot nne to the amendment, and there- will be able to report on Monday, considering the proposition made fore I shall vote against the amendment. I am not prepared to say by the Senator from Vermont which has a great deal of merit, and that if the amenument shall carry I shall not vote for the bill thus some portions of the bill. I think on rdlection that the amendment ame11ded, although I have several times pledged myself that I would of the Senator from Vermont is not quite sufficient, although I was never ngain vote for a genera.l Indian treaty. I believe nearly all disposed at fi1·st to favor it. Being anxious for early action on this our Indian troubles have arisen from the treaty system, and wher- matter I _will move, unless my friend from Iowa shall object-be is ever tbere is an opportunity to put an enTevent war are meu who vindicate the Indi- The difference between these t.wo propositions is simply this: There is ans and justify these murders. I do not wish to occupy any such no need of sending the b i 11 back to the committee, becau ewe understan <.1 position. the two points of view. The bill provides, as was stated before, in Mr. THURMAN. I beg my friend not to suppose tllat I intimated such a way that however desirous I might be, for one, of getting tbis any such thing. I certainly never intended it. matter adjusted, I could not vote for it, L>ecause, as stated by the Sen- Mr. BOGY. Whether my friend from Ohio intended it, or not, it is ator from Ohio, [Mr. THURMAN,] it ties everything up to one rigicl so recorded, and it was understood. My friend from Iowa and myself,· and distinct rule and makes a sort of propo ition, and requires a spe- and other members wboru you have placed on the Indian Committee, cies of performance, that leaves no latitude at all for conference or and upon whom you baNe impo eo the unpleasant duty of attending change. That is no way to make an agreement or to st.art to make to Indian affairs, are made here to appear as vindicating the Indians one, unless we are going to abandon the whole idea of having an agree- when they commit murders and outrages. I do not choose to occupy ment and say "We will pass a positive act that this thing shall IJe any such position. I do not justify the Indians, but I say-and it done." For that purposl3 yon need not send out any commi sioners cannot be denied by any reasonable man here or elsewhere-that if at all ; and if the Indians will not do that, we can make them rlo it the wllite man will go to that country in violation of treaty stipula- at the point of the bayonet. But nobody proposes that. Everybody tions, without any right to go there, they must expect to be mur- agrees that these t~:.il>es have rights. I will not spend the time of the dered, not that I would justify their murder, not that I would com- Senate in detining them and explaining them; but they have rights mend it, but it is an inevitable fact. I do . not know what right in that region of country, and having rights, they are entitled to be General Crook, or any other general, has to invade the Indian coun- protected in the enjoyment of them until the.v are deprived of them. try unless he does so by peremptory orders, and I should like to We all agree that at present the only juRt way of depriving them of know who bas a l'i~ht to give such orders, if even the President him- 1hose rights iB to do it by their free consent and on just principl e . self ha.s a right to Ho it. In order to find out how that can be done, my proposition (or really Mr. HITCHCOCK. Does the honorahle Senator assert that Gen- the proposition of the Senator from Nebraska, [Mr. PJ\DDOCK,] for eral Crook is there in violation of orders l mine is only an amplification in form of the one he lias propo ed, anrl Mr. BOGY. I say I do not know. There is the trouble. H we in- it is his now as he has adopted that change of phraseology) makes a tend to discuss that matter in the way innngurated by the Senator simple provision for meeting with these indians and getting them from Ohio, I say we shall transfer the Indian war from the Indian together in a peaceable way to talk the present attitude of the sub- country to the Senate Chamber. I only wish not to be placed in a ject over and see if it is not possible to come to some a~reement for wrong position in regard to this thing. I wish a commission to go to peace between ns and them and for future security, witn open pow- that country authorized to prevent the things that are being done ers, tmbject of course in the end to the approval of this Government there to-day; that is, to bring about peace and good understanding w ben they come back. It does seem to me that is the most sensible with these Indians., way of doing. That is all I have to say. Mr. SARGENT. As if they were in a foreign country f .Mr. INGALLS. It appears to me that the amendment proposed by Mr. BOGY. No; I do not think it is foreicrn ten-itory, but I think the Senator from Vermont is defective in that it does not provide or sa.y it is Indian counky, but to the extent of m~ing a treaty with them whether this agreement shall be valid until it is ratified IJy Congr ss . it is a foreign country as much as if it were a. foreign nation with .Mr. EDMUNDS. It only provides for a negotiation, which neces- whom we were makin~ a treaty. arily implies a ratification by Congress. The fact is, Mr. President, the time has come when this subject has Mr. INGALLS. That would be entirely ineffectual. Of course, to be approached in avery different way, in a kind way. That coun- unle s there is some provision made for conveying assurances to the e try is in a stare of great confusion and great perturbation. Every- Indians that when these ministers plenipotentiary anrlenvoys extm- thing is boiling and seething there; and something must ue done to ordinary to the court of Red Cloud al'e to· have some authority from protect, the unfortunate white men who have been misled into that Congress to carry their treaty iJ?to effect, it will be merely nugatory country. No man desires them to be protected more than I rlo. I do and idle. It will be a powwow, a palaver, a talk that will amount 11ot wish one of them to lo ·e his life. They are our own people on to nothing. the frontier, with whom I am in sympathy. Mr. SHERMAN. It will be a talk of the old folks while the young I will renew the motion I made, unles my friend from Iowa should one are fighting. object to it, and I hope he will not, to refer this matter back to the Mr. INGALLS. Therefore the amendment ought certainly to pro - Indian Committee, so that they may prepare a bill which, I presume, vide, both for the protection of the Government and for the satisfac- ruy friend from Nebra ka [Mr. HITCHCOCK] him elf will not object tion of the Indians, that this treaty shall not IJe valid and biurling to, because I have no doubt be is right-minded upon this subject. until ratified by Congress. I believe the Senator from Iowa [Mr. He said he was in favor of the amendment of my friend from Ver- ALLISON] was in this country last summer with the Senator from mont. I have no donut he would have peace preserved in his own Wisconsin, [Mr. HowE,] and perhaps some others, and at that time St.ate. If that can be done, it is all I desire to do. I think the In- the ::;ioux dem:tnded the sum of $70,000,000 i"or the cession of w ha.t dian Committee could perfect a bill that would meet this object, un- is known as the Black Hills country. The terms of the amendment derstanding now somewhat the sentiment of the Senate. confer plenary power and authority upon the ecommis.sioners to make Mr. ALLISON. 1 hope the Senator from Mi8souri will not press any agreement they see fit with these Indians, and we certainly ou~ht that motion. I will ask that the amendment of the Senator from not to place it in their powe1· to IJind us to 11ay an extravagant and Vermont may be printed, and I think the Indian Committee can extortionate sum for this territory. consider it and the other amendments and make such a proposition Mr. EDMUNDS. Will my friend allow me to explain to him amo- as may be a-dvisaule by Monday morning, if the bill caunot be fin- mentf ished to-day. But I hope it may be finished to-day, and that no mo- Mr. INGALLS. Yes, sir. tion will he made to recommit it ta.y, upon the prinoiples of our Con- be perrrritted to say that it has been a very fashionable thing here to stitution and the principles of all pn1Jlic governm nt it is perfect ly reflect upon the brave and enterprjsing people on the frontier who understood that. these agents, plenipotentiaries a1:1 my friend calls them, have someUmes pushed forward into the so-called Indian country; have 110 power to bind their principal except in t!Je way named. They lmt it should be remembered by onr friends in the East tllat our make a uegotiation, w bich if satisfactory to the prillci pal the principal friends on the frontier are only following the illnstrions examples will uarry out. Aud so with the Iudiaus. 1876. CONGRESSIONAL RECORD-SENATE. 3535 Mr. INGALLS. UmlerthelawsofCongresswe cannotmnkeatreaty With this n;:ncnd~ent. I should he perfectly willing to accE>pt the with them. amenrlment of tho ~enator from Vermont, and I think it covers tile Mr. EDMUNDS. Under the lam~ of Congress I submit that we can whole ~ronnel. make a treaty, beca,use tlle Const.i t.ntion gives 11s t,bat power. Sup- Mr. INGALLS. I !:~hall propo~:~e to amend by adding the following posing we could not, this being t.he last law of Congress, if it should words: become a l aw, itwonld covert.bn.t. But I am indifferent a1;3 to whether Said commis ioners shall make fnll rt>port to the Pre.'!ident at as t>l!t·h· a c1av as it shall be :m agreement that is to be rat.ified by Congre~s. If you practicable, which report~ tolle1bPr with any agreemE>ut made "With siid In(lian nation, want that, then I ngre( tht>re ongbt to be arlrletl words, becan8e ordi- s~ approved, shall be submittt:se tribes were powerful, hovered upon our borders and superintendents, and of the C<>mruissioner of Indian Affairs ~v hat and hemmed in our people, it was the only way of dealing with t.h~ they want of tl.e Sionx Indians, what they think is right bef01!e God problem; but it was a most expensive syst.em, and toward the last aLd t~oir consciences, how. much they are willing to give to support and ,jn t before Congre~ repudiated it•it lo:tdecl upon tho shoulcler~ the Swnx Indians, what they demand of the Sioux Indians to submit of the United States annually millim.is of dollars. Some t-reaties ' to, wb~~ terms .they will impose on t~e~ as peace-loving and good which wero ma{1e, and some notably with these very Sioux: tribes con- men-1f t.he:v Will make snch a propositiOn to us, I will vote it as a ta,ined enormous pro,•isions of tribute to be paid by the Goveru'ment law and enforce it as a la.w, ::md I will compel the Sioux to submit to of the United States to these tribes without any obvious equivalent. it just ~ts I would compel our own people to submit to the law. eit.bf'r of benefit to the Indians themselveH or of peace to the conntry. :Mr. ALLISON. That is precisely what the committee have done I am very mn('h opposed to reviving tllat system. I was very much in the bill before the Senate. in f avor of abolishing it at the time it was hip, from it a,nd go back to the old sham of Indian treaties. My friend but subJect to all the laws of the Umtetl States both for. revenue aml from California points me out the law as it now stands, and I will other· purpost>s, liable to the military arm of tile l nited St.ates tore- read it: pre~s disorders and subject to our general laws where applicable to No ln1lian nation or tribe wit.h in the territory of the United States shall be ac- ili~ooun~ · knowle.tlged or recognized a.'! an imlependent nation, tribe, or power, with whom the Umted S~at-es ~u.y contract by ~·eaty; !->nt no ol;lligation of any treaty lawfully I think this is the only I'elation which the Indin:ns now sustn:in to matle aud ratified w1th any such Inilian nat10n or tribe prior to .M.a.rch 3 1871 shnll the United States. They are not foreign nations in any sense of t.be be hereby invalidated or impaired. ' ' word. If we see tit, in consideration of their poverty or of t.he ne- The only objection I have to the proposition mn.de by the Senator c~s ·ity of giving them the means of civilization, or any humane mo- from Vermont, Sllpported by the Senator from Nebraska. is that it tive, to .advance to them or donate to them, out of the Treasnry of violates the law; it goes back upon what is now the established pol- the Umted States money nece~ary for these purposes I am willina icy of this Government, which is to mn:ke laws for the Indians. You to vote as liberally as n.uy one this side of pruden co for these pnrp:Jses; may, if yon choose, send a, commission to talk with them; but what ~utI am opposed to the theory, as the necessity no longer exists for good will it do f The Senator from Iowa. himself was on a. commis- It, t~at these amounts w.hich we pay are tributes paid by this powerful sion last summer, and I imagine wn..s very glad to get out of it as soon na,twn to any other natiOn whatever, whether a nation of Inclians or as possible-a commission. not authorized by law exactly, but still it a .na.tion under any pretense or designation. was an honest effort to brmg about peace. I have no objection to it. I n.m opposed to any theory which degrades us into the suppo ition But what is the use of sending men there who cannot understand that ~e. purchase peace of lndia.n tribes. If they are our war1l , I their language, to go and talk with the old men of the tribes on the am w1lbug to treat them generously as such. I think it is very much ~eserv.ation w bile the bucks, as~ believe they call them, are off fight- better«? pnr.sue tlJe policy which was laid clown by the House of Rep- mg wtth General Crook or robbmg and plunderina our white people resentatives some fo~u or fi ':e years ago, and as ·en tell to by the Senate who have unlawfull~ gone into the hills '1< It ~ utt:rly useless, money after repeatedcomm1tteesot couference, that all thesemn.tters rest in thrown away; bot, If you pass a law, they will have to support it agreement between onrselYes and these scattered bands of Indians and the Army and our agents will enforce it. · ' and that Congress itself shall det.ermine whether these agreemen~ Mr. PADDOCK. The bill itself provides for the appointment of a ~hall be ratified, whether money shall- be taken out of the 'I'reasm·v commission jnst such as is contemplated by the amendment. m con equence of th~m, and as to any territorial change by which Mr. SHERMAN. Only to get information; not to make a tren,ty or the lands of the lnnator from Vermont in order to satisfy him. gances of every name; and the question aro e upon certain treaties Mr .•HOGY. There is no difference in fact. which were at that time presented, where there were millions billet d Mr. EDMUNDS. I thought I stoo(lup to be connted. What is the upon the Treasury of the United States annually for thirty years to state of business at this moment t come. In that discussion it waa shown that the provisions incorpo- The PRESIDENT pro tempore. On agreeing to the amendment the rated in these so-called treaties, running back a long time, were of the ayes were 15, the noes 16-no quorum voting. most ridiculous and frivolous character; that articles were required Mr. EDMUNDS. I wish the Ohair would count the Senate. t-o be fmnished to the Indians nuder these treaties which were a lit- Mr. THURMAN. Let the yeas and nays be called; that will dis- tle adapted to their necessities or real wants or to advance them in close whether there is a quorum or not. civilization as it would have been to send the most ridiculous or ex- The yeas and nays were ordered. travagant articles which the imagination could devise. It would be Mr. HOWE. I suggest to the Senator from Iowa that he change like sending warming-pans to the West Indies. The whole thing fell his amendment and adopt the phraseology preferred by the Senator down, so many absurdities had been incorporated upon it and so aw- from Vermont, and let us see what it is about which the Senate is ful was the expense. And in the debate in the Senate on the propo- disputing. sition it was said by a prominent Senator familiar with the proceed- Mr. ALLISON. I am quite wining to do so. I can conceive no ings in secret ~:~ession that many of these treaties, which entailed hun- possible difference. dreds of thousands of dollars annually of expense on the United States, The PRESIDENT pro tempore. Is there objection t.o changing the and which by their terms were perpetual, were passed here with a phraseology o this amendment to conform to the proposition of the presence of five or six Senators. It was looked upon, in the light of Senn.tor from Vermont t The Ohair hears no objection. confessions like these coming from prominent Senators an(l from the ' Mr. BOGY. I think it is an improvement in language anyhow. fact that the system was extravagant, from the fact that it was on- The PRESIDENT p1·o tempore. The question is on the amendm(}nt American for us to confess that we were paying tribute to independ- as modified. ent nations, that this was a necessary reform, and OongreBS passed Mr. HITCHCOCK. I thought there was unanimous consent some the law which now is on the statute-book. And when I sa.y that I few minutes ago that the question should be taken on the substitute believe this defeats the legislation, I simply say that you incorporate offered by the Senator from Vermont. it on your bill unnecessarily here, because it may be brought forward The PRESIDENT pro temp01·e. The Ohair thought so too nntil the as an independent proposition ; and it is a clause which must neces- Senator from Wisconsin [Mr. HoWE] objected. sarily arouse the attention of the other House, and in my judgment ltfi·. HITCHCOCK. The proposition of the Senator from Vermont would lead to unnecessary opposition to a solution of this matter, can be adopted at the present time without objection as far as I have which is too pressinjrr to be delayed by abstract questions. That is been able to learn. It is satisfactory both to the Committee on In- what I meant; and. now say iu reply to the Senator from Vermont dian Affairs and to the Senate, unless it be the Senator from Wis- that this would impede and probably destroy legislation on tho sub- consin. j ect. Mr. WINDOM. I want to add that there will be a second objec- Mr. EDMUNDS. The Senator from California, I am ROrry to say, tion to it. has ended with doing the very thing that, when he began, ho said .· 1876. CONGRESSIONAL RECORD-SENATE. 3537 he would not do; and that is, bring forward what may be the tem- that you cannot get to it or come from it without• crossing an Indian per of another br~nch of this Government to operate upon the minds reservation. · of SenatorR and influence our action here, which is contrary to t,he Mr. u,~GALLS. It could be approached from the west side. proprieties of this body or :my other, I believe ; but I did not call Mr. HOWE. But even there you have to cross the ~erritory which him to onler for it. the Indians have hunting rights on, on which they are permitted to Mr. SARGENT. The Senator will find that I kept strictly within hunt. This amendment of mine propose,s that the~v shall relinquish the rule. I did not allude t.o anything that the other House bad everything west of the one hundred and first meridian. That leaves done to influence the Senate, but spoke of the probabilities of legis- them aJl t.he reservation they want or can possibly occupy, the best lation. part of the reservation and that adjacent to the Missouri River. Mr. EDMUNDS. I know that the Senator did not allude to what, Now, will the Senate conclude that that is advisable Y You may had been done elsewhere; but when he ended he said he had made make a treaty with them for the abandonment of what you call the the objection to this amendment at last, finally, as one of his reasons, Black Hills and pay them for it and it will not be five years, the ink because, knowing the ~emper of the other House-l do not use his will be scarcely dry, before the pushing and crowding settlements very words, but the substance; I cannot remember the very words- there will demand another concession and another treaty and another he knew that it was going to impede legislation and prevent this snm of money to be paid. What they do not want is this land. I do thing being accomplished. However sugared the phrase may be, that not think we want it, but a necessity of yours is to take care of is swinging a ftag over our he!l.ds here to act, not upon our own judg- the Indians, and when you agree, as you must agree in any treaty you ment as to what the intrinsic merit of this proposition may or may make, to take care of them, to support them, had you not better ask not be, but as to what view :mother branch of the legislative depart· them at once to give up what they do not want and what you know ment may take of it. I always deprecate t.hat thing being brought you will want or will have to get within a very few years f into either House. The Senator says that that is not within the rule. The PRESIDENT pro tempore. The question is on the amendment I respectfully submit that it is; but it is done, and there is no help of the Senator from Wisconsin. for it now. . It would be a very extraordinary thing for a Senator or Mr. ALLISON. As I understand the amendment of the Senator a member of the other House to say in that branch, "I am opposed from Wisconsin, it proposes to take that region of country north of to this provision of this bill, however good it mn.y be of itself, because the fort.y-fifth parallel. I am well satisfied that the President of the United States will veto Mr. HOWE. '!'hat is their present northern boundary. it." It would be a high breach of privilemend- the lavish generosity of the Government, too idle and lazy to work, ment does what I propose it shall do, and I will venture to ask to have commence.d their work of but.chery, and I say let the question Lave it reportctl once more. now be settled in the only way the Indians will respect. The PRESIDENT pro ter11p01·e. The Secretary will read tho amend- Why, sir, to send this commission there to make a treaty with them ment. while they are on the war-path is simply to eneourago them and The Chief Clerk read as follows: every other tribe in the country to make war whenever they are dis- West of the one hundred ancl first meridian of longitude, north of the forty-fifth satisfied, and to ass111·e them that the Government ":'ill forthwith make parallel of latitude, ll.IlU south of the northern boundary of Nebraska. ha~:~te to trt>at with t.hem and pay them a bounty for misconduct. Mr. ALLISON. Now r~ad it in connection. I am a little doubtful a.bout expressing my sentiments toward these The Chief Clerk reau us follows: sava.ges; and hence I have spoken so very guardedly on this subject. And the sums thus to be provided shall be in consideration for the absolute relin- Some time ago, when this question was before the Senate, in answer quishment by said tribes of all their title to and interest in the following clistrict to some remarks made by the honorable Senator from Massachusetts, of country: t'bat is, the tract of country wt-st of tho one hundred and ~rst rueridian [.Mr. BoUTWELL,] which~ at the time, aroused my feelings a little, of longitude, north of the forty-fifth parallel of latitude, aud south of the northern with reference to a massacre that had been committeed in Minnesota l.Joundary of N el>raska. · several years ago, I took occasion to remark that I ht.l,(l bnt little con- Mr. HOWE. Now, does the Senator from Iowa think that includes fidence in Indian stories; for, if greater liars than the Indians existed the reservation within the limits th:tt I have suggested f on the face of the earth, they had not yet boon discovered. For this Mr. ALLISON. AI3 I nnderstaml the amendment, it proposes that I was taken to task hy numerous gushing philanthropists all over the they ~hallrelinquiih all west of the one hundred and first meridian country. Newspapers in various quarters called me to an account. unavingthe white men in thatTerritory There are no rights of property recognj,zed among them. I think is concerned. the Senator from .Missouri [Mr. BOGY] will hear me out in this state- Why, sir, it is urged here that it should be passed at once because ment.. He is much better acquainted with Indian affairs than I am. large numbers of white men who have gone into that Territory are The law of retaliation is the only law that exists among them. If tl1reatencd by these hostile s::wages, and if we do not pass this bill one Indian kills another, it is the duty of the next of kin of the man and send a commission out upon the plains to talk over the matter killed to kill the murderer, a.ud of the next of kin of the man on the with the Indians, these white men will he massacred. Why, sir, it other side to kill him, and so there is no end to it. You cannot ch~il· is uot probable that such a commission could report until after the ize and Christianize Inuians until you extend the law of the country aujourument of Congress, and the treaty could not be ratified until over them. .Every treaty you make, such as is proposed to be made December. If no more prompt measure than this can he devised, hy this bill to-day, i~:; a barrier thrown in the way of the future ex- there is hut little hope of saving the men who have gone to the Black tension of the laws of the country over the Indian tribes. Hills. This is the position of t.he best Indian men of the country, of such Now, we have a commission on the way there headed by General men as Bishop Whipple, of my own State, who I know is highly Crook, in whlch I have infinitely more confidence than in any com- honored for aU he bas done for the Indians. · I believe that no man in mission that can be sent out under this bill. I believe that at least the country is better acquainted with their wants, and no man knows the rigbt .polioy is adopted so far as the Sioux Indians are concerned. better what the true policy should be in dealing with them. It is one Mr. ALLISON. Does my friend from Minnesota know that Gen· of the cardinal principles which Bishop Whipple lays down that you eral Crook is not within four hundred miles of the Black Hills coun- must extend your laws over them and give them the pr9tection to life try; that his cavalry is passing by Forts Fetterman, Reno, and so on, and property that white men have if you hope to civilize them and to th~Powcler River, and that the farther he travels the f~rther he improve them. Withdraw the protection of life and property ir. a will be from the Black Hills f white community; let the vicious and the idle prey upon the indcs- Mr. WINDOM. I am aware, Mr. President that General Crook is trious, and how much industry would there be in that communi: y f not in ·.. be immedia~ vicinity of the Black Hills, and I am aware also Let those who would commit murder be restrained only by the law of that he is marching toward the main body of these Indians. I believe retaliation, and how much peace would there be in the community! that nothing can be done so effectively to bring about peace with them Until you choose to extend your laws over them and give them the as a good sound whipping, such as General Crook and his army will protection .to life and property, it is idle to talk about their civiliza· administer to them. tion. 1876. CONGRESSIONAL RECORD-SENATE. 3539 Hence I am opposed to this amendment, which proposes again to ferences there has been a conference of a subcommittee of the two make a treaty, for aught we know for all time, wh,ich shall stand in committees, a- careful examination of each proposed amendment, and the way .forever of the extension of our laws over them for their pro- an agreement in all particulars so far 3S the contents of this bill are tection and well-being. concerned. There is nothing in the bill which has not been examined Mr. MORRILL, of Maine. I must call for the regular order, unless fir&t inde-pendently by the respective committees and the differences a vote can be taken at once. examined by subcommittees of the two committees acting together, :Mr. ALLISON. I desire to propose one further amendment, to and with as much care, I think I may say, a.s the gentlemen compos- which I suppose there will be no objection. ing the committees could exercise. About half of these amendments Mr. MORRILL, of Maine. If the vote can be taken without fur- are verbal or for the purpose of correcting typographical errol'S in the ther debate, I shall waive the call for the regular order. print. There is nothing in the bill I believe which affects public pol- Ml·. ALLISON. I move to insert at the end of the bill as it now icy in any large sense. There is nothing in the bill, so far as is be- stands- lieved by the committees, except old legislation which the revisem of_ That the Secretary of War be required to furnish transportation, subsistence, the statutes had failed to incorporate into the Revised Statutes. and protection to the said commissioners during the discharge of their duties. 'The bill was pa-ssed in the House of Representatives upon a state- The amendment was agreed to. ment similar to that which I have made. If the Senate under the The bill was reported to the Senate as amended, and the. amend- circumstances is prepared to accept the work of the comnlittee as it ment was concurred in. stands, I a-sk the Senate to pass the hill ; but, if it is to be read anti The bill was ordered to be engrossed for a third rending, and read examined, of course .it must be postponed to some future time. I ask the third time. for the consideration of the bill; but, if there is objection, of course Mr. SHER~IAN. Let the bill be read at length a-a it now stands. it will take its place on the Calendar. The C.hief Clerk read as follows: Mr. MORRILL, of Maine. If its consideration is to take no time, I shall not object. Be it enacte4, &c., That the President be, and is hereby, authorized, by and with the advice and consent of the Senate, to appoint a commission, to consist of five Mr. BOUTWELL. It is upon that condition that I ask for its con- persons, to visit, as soon as may be, the tribes of Sioux Indians, with a view to ne- sideration. If there is any objection to the bill, it will be placed upon gotiating with them a treaty or agreement for the cession to the United States of the Calendar. · the rights of said tribe to the country known as the Sioux reserv:>-tion, Dakot.'l>, and Mr. MORRILL, of Maine. Must the bill be read T territory adjace.nt, or othenvise for the preservation of peace. Each person so ap- p~inted, not beyng a salaried officer of the United States, shall be entitled to receive ·Mr. BOUTWELL. I do not ask for its reading. It is v~luminous, iS a day and his actual and necessary traveling expenses while engaged as such and of course if its reading is insisted upon it must go on the Cal- commissioner. That the sum of $50,000, or so much thereof as shall be necessary, endar. be, and the same is hereby, appropriated, to be expended under the direction of the :Mr. SHERMAN. If what is now a-sked involves the passage of a President, to enable the tribes or their representatives to assemble and confer with said commissioners, and for the expenses of said commission. And said commis- bill without reading, I must object. I never knew such a thing to sioners shall make full report to the President at as early a day as practicable, occur except in regard to the post-route bill, and then the chairman which report, together with any agreement made with said lndian nation, shall be of the Post-Office Committee was fairly put under oath that it was all submitted to Congress for its approval; and any agreement. when so approved, ri~~ . and not before, sbaJJ. be binding upon the Unit~d 'States and the Sioux Nation. SEc. 2. That the Secretary of War be required to furnish transportation, sub- Mr. BOUTWELL. Then I merely report the bill from the commit- sistence, and protection to the sa-id commissioners during tho discharge of their tee, and a.sk that it lle placed on the Calendar. duties. Mr. SHERMAN. I would take the statement of the Senator from The PRESIDE~'"T p?'O tempo1'e. The question is, Shall the bill pass f Massachusetts as far as I would take any body's statement, but I think The question being put, a division was called for, which resulted- it would be a bad precedent. ayes 21, noes 7; no quorum voting. Mr. BOUTWELL. Very well. Mr. ALLISON. I call for the yeas and nays. The PRESIDING OFFICER, (Mr. ALLISON in the chair.) The bill The yeas and nays were ordered; and being taken, resulted-yeas will be placed upon the Calendar. 30, nays 8; as follows: BILLS INTRODUCED. YEAS-Messrs. Allison, Anthony, Bayard, Bogy, Booth, Boutwell, Bruce, Cbris- Mr. HITCHCOCK asked, and by unanimous consent obtained, ]eave tiancy, Clayton, Cooper, Cragin, Edmunds, Ferry, Frelinghuysen, Hamlin, Hitch- to introduce a bill (S. No. 894) to provirle for the sale of the Fort cook, Howe, Ingalls, Johnston, Kelly, Key, Logan, Monillof Maine, Norwood, PaQ. dock, Patterson, Robertson, Spencer, Stevenson, and Withers-30. Kearney military reservation, in the State of Nebraska; which was read twice by its title, referred to the Committee on Military Affairs, N A YS-Mcssrs. Cockrell, Eaton, Goldthwaite, Hamilton, McCreery, Maxey, Sher- man. and Windom-8. and ordered to be printed. A.B3ENT-Messrs. Alcorn, Barnum, Burnside, Cameron of Pennsylvania, Cam- .Mr. SARGENT asked, and by unanimous consent obtained, leave to eron of Wisconsin, Caperton, ·Conkling, Conovert Davis, Dawes, Deuuis. Dorsey, introduce a bill (8. No. 895) for the relief of C. N. Felton, late a&~ist­ 13 ordon, Han-ey, Jones of Florida~ Jones of N evaua, Kernan, McDonald, MoMilllllle Merrimon, Mitchell, Morrill of Vermont, Morton, Oglesby, Randolpl1, Ransom,ant treasurer of the United States at San Francisco ; which was read S,.·u·gent, Saulsbury, Sharon, Thurman, Wadleigh, Wallace, West, Whyte, andtwice by its title, referred to the Committee on Claims, and ordered Wright~'35. to be printed. So the bill was passed. Mr. BAYARD asked, and by unanimous consent obtlained, leave to EXECUTIVE COMMUI\TJCATION. introduce a bill (S. No. 896) to extend the time during which settJe- ment.s between tho United States and certain railroa-ds may be made The PRESIDENT p1 o tempore laid before the Senate a letter from under the provisions of the act of Congress approved February 27, the Secretary of War, transmitting, for the infoTmation of the Com- 1875; which was read twice by its title, referred to the Committee on mittee on Military Affairs, the petition of Captain J. M. Hamilton, of the Judiciary, and ordered to be printed. the Fifth United States Cavalry, praying that the date of his com- mission as captain be changed from June~' 1867, to July 28, 1866; LEGISLATIVE, ETC., APPROPRIATION BILL. which was referred to the Committee on Military Affairs, and ordered The Senate, as in Committee of the Whole, resumed the considera- to be printed. tion of the bill (H. R. No. 2571) making appropriations for the legis- REPORT OF A COMMITTEE. lative, executive, and judicial expenses of the Government for the Mr. CLAYTON, from the Committee on CiTil Service and Retrench- year ending June 30, 1877, and for other ptuposcs, the pending ques- ment, to whom was referred the bill (S. No. &:!5) relating to civil ap- tion being on the amendment of the Committee on Appropriations, pointments in the Executive Departments of the Government, re- which was, in line 418, after the word "dollars," to strike out the ported it as an amendment to the bill (H. R. No. 2571) making ap- words: propriations for the legislative, executive, and judicial expe~es of Per annum, $33,611.11; and from said tlay to the 30th of June, 1877, both days in- the Government for the year ending June 30, H:!i7, and for oth~rpur­ clusive, at the rate of $25.000 per annum.. 8,135; iu all $41,746.ll; and on and after the 4th day of March, 1877, the salary of the President of the United States shall poses; and it was orderecl to be printed. be $25,000 per annum. REVISIO~ OF UNITED STATES STATUTES. So as to read : · Mr. BOUTWELL. With the consent of the honorable chairman of For compensation of the President of the United States, $50,000. the Committee on Appropriations, I _report from the Committee on The PRESIDING OFFICER, (Mr. ALLISo~.) Upon the pending the Revision of the Laws the bill (H. R. No. 3156) to perfect there- amendment the yeas and nays have been ordered, aud the Secretary -vision of the Statutes of the United States, and I uesire to make a will call the roll. . statement to the Senate for the purpose of ascertaining whether the Mr. COCKRELL. On account- of his serious i~disposition yester- Senate is willing to pass the bill upon the recommendation of the day the Senator from Iowa [Mr. WRIGHT] and I paired upon this CommHtee on the Revision of the Laws in view of the history which bill upon all amendments, excepting this particular nrovision. If the bill has. the .Senator from Iowa were present, he would vote against this The committee of the Senate prepared a bill to perfect 't he revision amendment proposed by the Senate committee and in favor of the of the statutes. The committee of the House of Representatives, nct- bill as it came from the Honse of Representat.ives, and I should vote ing independently, also prepared a bill for the revision of the statutes. the same way. Upon aU the other amendments proposed by the Those bills were printed. There was then an examination made and Committee on Appropriations he would vote Hyea," and I should a comparison instituted by which it was ascert.ained that in a large vote "nay." number of particular amendments there was an agreement of the com- The q.uestiou being taken by yeas and nays, resulted-yeas 31, nays mittees. We assumed that .in those particulam the committees act- 11 ; as follows: ing independently had arrived at proper conclusions. There were also YEAS-Messrs. Allison, Anthony, Bayard, BoothJ...Boutwell, Chrtstiancy, Clayton, differences to the extent of more than fifty. In regard to those dif- Cooper, Cragin, Davis, Edmunda, Frelinghu:ysen~ .1:1.amlln,·Howe1 Johnston, Loga~ • 3540 CONGRESSIONAL RECORD-SENATE. JUNE 3, McMillan, Mitchell, MorrillofMaine, Morrill of Vermont, Morton, No!Wood, Pad- strike out the word "three" and insert "six;" in line 462, before the dock, ratterson, Ransgm, Robertson, Sargent, Sherman, Spencer, W111dom, and Withers-31. word "hundred," to strike out "one" and insert "four;" after the NAYS-Messrs. Bogy, Cockrell, Eaton, Goldthwaite, Hitchcock, Kelly, Key, word "ea.ch" to strike out "eight thonsandfour" and insert "sixteen McCrcerv, Maxey, Stevenson, aml Thurman-11. thousand eight;'' so as to read: ABSENT-Me'ssrs. Alcorn, Barnum, Brnce, Burnside, Cameron of Pel!nsylv!Plia., Cameron of Wisconsin, Caperton, Conkling, Conover! Dawes, Denms, Dorsey, For six chiefs of Bureaus and one translator, at $2,400 eas two. Ten clerks of class two. The amendment was agreed to. The amendment was agreed to. · The next amendment was in lir!.es 616 and 617, before the word The next amendment was in line 640, before the word "clerks," to "'clerks," to strike out "twenty-five" and insert "forty;" so as to strike out "eight" and insert "ten;" so as to read: read: Ten clerks of class one. Forty clerks of class one.• 'l'he amendment was agreed to. The amendment was agreed to. The next amendment was in lines 642 and 643, to increase the total The next amendment wa,a in lino 617, to strike out the word" and" appropriation for the force in the Office f the Fourth Auditor o( the before the words "eight laborers." Treasury from $56,130 to 78,880. The amendment was agreed to. The amendment was agreed to. The next amendment wa-s in line 618, after the word "laborers," t.o The next amendment was in lines 64& and 646, in the appropriation insert: for the Office of the Fifth Auditor of the Treasury, to increase the ap- And four char-women, at $180 e..'tCh. propriation for salary of the Fifth Auditor from $3,600 to $4,000. The ame1'1dment was agreed to. The amendment was agreed to. The next amendment was in line647, to increase the appropriation The next amendment was in lines 619 and 620, to increase the totaJ for the salary of the Deputy Auditor from 2,250 to 2,500. appropriation for the force in the office of the Second Auditor of the The amendment was agreed to. Treas-ury from 142,500 to $22.-),320. The next amendment waa after the word "dollars," in line 647, to The amendment was agreed to. insert "two chiefs of division, at $2,100 each." The next amendment was in lines 622 and 623, in the appropriations The amendment was agreed to. for the office of the Third Auditor of the Treasury, to increase the The next amendment was in line 649, before the word "clerks," to appropriation for salary of the Third Auditor from $3,600 to $4,000. strike ont "five" and insert "seven;" so as to read: The amendment was agreed to. Seven clerks of claas three. • · The next amendment was in line 624, to increase the appropriation for salary of the deputy auditor from $2,250 to $2,500. The amendment wna agreed to. The amendment was agreed to. The next amendment was in line 650, before the word "clerks," to The next amendment was in lines 624 and 625, to strike out "three strike out "four" and insert "five;" so as to read: principal clerks, at one thousand eight" and insert" five chiefs of j'ive clerks of class two. . division, at two thousand one;" so as to read: · The amendment was agreed to . Five chiefs of division, at 2,100 e:wh. The next amendment was in line 650, before the word "clerks," to strike out "six" and insert "seven;" so as to read: The amendment was agreed to. · Seven clerks of class one. The next amendment was in line 626, before the word "clerks," to strike out "four" aud insert "six;" so as to read : Tile amendment was agreed to. Six clerks of class four. The next amendment was in line 651, before the word" clerks," to strike out "five" and insert "three;" so as to read: The amendment was agreed to. Three clerks at $!JOO each. The next amendment was in line 627, before the word "clerks," to The amendment was agreed to. strike out" forty-five" and insert" seventy;" 80 as to read: The next amendment was in lines 652 and 6.S3, to increase the total Seventy clerks of class two. appropriation for the force in the Office of the Fifth Auditor from The amendment was agreed to. $34,760 to '45,160. Tho next amendment was in line 628, before the word "clerks," to The amendment was agreed to. strike ont "twenty .five" and insert "forty;" so as to read: The next amendment was in Jines 656 and 657, in the appropria- tions for the Office of the Auditor of the Treasury for the Post-Office Forty clerks of class one. Department, to increase the appropriation for salary of the Auditor The amendment wa-s a.g reed to. from $3,600 to $4,000. The next amendment was in line 629, before the word" clerks," to The ameudmentwas agreed to. strike out "ten" and insert "five;" so as to read : The next amendment was in line 658, to increase the appropriation Five clerks, at $900 each. for salary of Deputy Auditor from $2,250 to $2,500. The amendment was agreed to. The amendment wn-s agreed to. · The next amendment was in line 659, after the word "eight," to Th~ next amendment was in line 630, after the word" char-woman," to strike out the words "principal clerks, at one thousand eight" to insert the words ''at 400 ; " so as to read : and insert "chiefs of division, at two thousand one;" so as to read: And one char-woman, at $480. Eight chiefs of division, at $2,100 each. The amendment was agreed to. The amendment was agreed to. The next amendment was in lines 631 and 632, to increase the total The next amendment was in line 661, before the word "clerks," to appropriation for the force in the office of the Third Auditor of the strike out the word "four" and insert "eight;" so as to read: Treasury from 141,100 to $214,500. Eight clerks of class four, and additional to one clerk as disbursing clerk, $200. 1\fl·. MORRILL, of Maine. In line 632 "fourteen" should be strick- The amendment was agreed to. en out and "six" inserted, so as to amend the footing. It should be The next amendment waa in line 663, after the word "fifty," to in- $206,500 instead of 214,500. sert " four ; " so as to read : :Mr. WITHERS. That is to correct an error in addition' Fifty-four clerks of cL'I8s three. Mr. MORRILL, of Maine. That is it. I move the amendment. The amendment to the amendment was agreed to. The a.m endment wa-s agreed to. The amendment, as amended, was agreed to. The next amendment was in line 663, to substitute sixty-nine for 'l'he next amendment of the Committee on Appropriations was in sixty-four clerks of class two. lines 634 and 635, in the appropriations for the office of the Fourth The amendment was agreed to. # Auditor of the Treasury, to increase the appropriation for salary of The next amendment was in line 664, to substitute thirty-seven for the Fourth Auditor from 3,600 to $4,000. thirty-six clerks of class one. . The amendment wa.s agreed to. The amendment was agreed to. The next amendment was in line 636, to increa-se the appropriation 'l'he next amendment was in line 665, after the word "and," to for salary of the deputy auditor from $2,250 to 2,500. strike out "eighteen" and insert " nineteen ;"so as to read: The amendment wa.s agreed to. And nineteen laborers. The next amendment was in line 637, to strike out "two principal The amendment was agreed to. clerks, at one thousand eight" and insert "three chiefs of division, at The next amendment was in line 665, after the word "laborers," to two thousand one ;" so as to read: strike ont the word "eighteen" and insert "twenty;" and in line Three chiefs of division, at $2,100 each. 666, before the word "thousand," to strike out "eighteen" and insert The amendment was agreed to. "twenty;" so as to read: The next amendment was in line. 638, before the word "clerk," to Tw·e nty assorters of money-orders, $20,000. strike out "one" and insert "two ;" and in line 639, to strike out The :amendment was agreed to. "clerk" and insert" clerks;" so as to read: The next amendment was in lines 668 and 669, to increase the t.ot,al Two clerks of class fonr. appropriation for the force in the Office of the Auditor of the 'Treas- The amendment was agreed to. ury for the Post-Office Department from $271,050 to $313,320. The amendment was agreed to. The next amendment was in line 639, before the word ''clerks," to Tho next amendment was in line 672, in the appropriations for the strike out "twelve" and insert "eighteen;" so as to read: office of the Treasurer of the United States, to increa e the appropri- Eighteen clerks of class three. ation for salary of the Trea-surer from $6,000 to $6,500. The amendment was agreed to. The amendment was agreed to. 1876. CONGRESSIONAL RECORD-SENATE. 3547 The next amendment was in line 673, to increase the appropriation 11-fr. MORRILL, of Maine. That footing is inaccurate. Insteu.d of for salary of the assistant treasurer from $3,500 to $3,800. $200,020, it should be $214,420. The amendment was agreed to. The PRESIDING OFFICER. The correction will be made, if there The next amendment was in line 674, to increase the appropriation be nu objection. . for salary of cashier from $3,500 to $3i~OO. The amendment, as modified, was agreed to. The amendment was agreed to. The next amendment was in line 700, in the appropriations for the The next amendment was in line 675, to increase the appropriation force employed in redeeming the national currency, in the Treasu- for salary of assistant cashier from $3,200 to $3,500. rer's Office, to increase the appropriation for salary of superintendent The amendment was agreed to. from $3,200 to $3,500 ; in line 702, to increase the appropriation for The next amendment was in line 676, to increase the appropriation salary of two p~incipal tellers and one principal book-keeper from for salary of chief clerk from $2,500 to $2,700. · $2,400 to $2,600 ; in line 703, to increase the appropriation for salary The amendment was agreed to. of one assistant book-keeper from $2,300 to $2,500; in lines 704 and The next amendment was in line 676, to strike out the words "four 705, to increase the appropriation for salary of two assistant tellers principal clerks" and insert" five chiefs of division;" and in line 677, from $2,000 to $2,200 each; in line 705, to provide for two instead of after the word ''thousand," to strike out "five" and insert "seven;'~ four clerks of class four; in line 705, to provide for two instead of three so as to read : clerks of class three; in line 706, to provide for forty instead of thirty- Five chiefs of division at $2,700 ea{lh. six clerks of class one; in line 711, to increase the t.otal appropriation The amendment was agreed to. $129,1:336 to 129,936. The next amendment was in line 679, to increase the appropriation Mr. MORRILL, of Maine. In line 711, "twenty-nine" should be for salary of principal book-keeper from $2,400 to $2,600. stricken out and ''thirty-one" inserted, and the word "nine" should The amendment was agreed to. be made "one," so as to read 131,136 instead of $129,936. The next amendment was in line 679, after the word '' dollars," to The PRESIDING OFFICER. The correction will be made if there insert: be no objection. One principal book-keeper at $2,500. The runendment, as modified, was agreed to. The next amendment was in line 714, in the appropriations for the The amendment was agreed to. Office of the Register of the Treasury, to increase the appropriation for The next amendment waa in lines 680 and 681, after the word "tell- salary of the Register from $4,000 to $4,500. ers," to strike out the words " at $2,400 each " and insert "one at The amendment was agreed to. $2,700 and one at $2,600 ;" so as to read : The next amemlment wa.s in lines 715 and 716, to increase the ap- Two tellers, one at $2,700 and one at $2,600. propriation for salary of assistant register from $2,250 to $2,500. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 683, to increase the appropriation The next amendment was in line 716, before the word "clerks," to for salary of two assistant tellers from $2,000 each to 2,350 each. strike out "four" and insert '' six ;" so as to rea-d : The amendment was agreed to. Six clerks of class four. The next amendment was in lines 684 and 685, to strike out the The amendment was agreed to. words: The next amendment was in line 716, before the word "clerks," to Fi>e book-keepers at $2,000 each. strike out "six" and insert "eight; " so as to read: The amendment was agreed to. Eight clerks of class three. The next amendment was in line 685, before the word "clerks," to The amendment was agreed to. strike out the word "ten" and insert "thirteen;" so as to read: The next amendment was in line 717, before the word" clerks," to Thirteen clerks of claas four. st:rike out "ten" and insert ''twelve; " so as to rea-d: The amendment was agreed to. Twelve clerks of class two. T~e next amendment waa in line 685, before the word" clerks," to strike out "ten" and insert " thirteen; " so as to read : , The amendment was agreed to. The next amendment was in line 718, before the word "clerks," to Thirteen clerks of class three. strike out'' eight" and insert "ten;" so aa to read: . The amendment was agreed to. Ten clerks of claas one. The next amendment was in line 686, before the word " clerks," to strike out '' six" and insert " nine;" so as to rea.Q. : The amendment was agreed to. Nine clerks of claas two. The next amendment was in line 719, before the word" messenger," to strike out "one" and insert "two," and to strike out "messen- The amendment was agreed to. ger" and insert "messengers;" so as to read : The next amendment was in line 687, before the wor~l "messengers," Two messengers. to strike out "four" and insert "seven;" so as to road : Seven messengers. The amendment was agreed to. The next amendment was in line 719, before the word "laborers," The amendment was agreed to. to strike out " two" and insert "three ;" so as to read : The next amendment was in lines 690 and 691, to increase the total And three laborers. appropriations for the force in the Office of the Treasurer from $127,500 to $160,060. The amendment was agreed to. The amendment was agreed to. . The next amendment was in line720, to iucreasethetotalappropri- The next amendment was in line 692, in the appropriations for the ation for the force in the Office of the Register of the Treasury from dhision of loans in the Treasurer's Office, before the word" clerks," $61,630 to $68,640. to strike out ((nine" and insert" seventeen;" so as to read: The a~enclment was agreed to. Seventeen clerks of claas four. The next amendment was in lines 722 and 72'3, in the appropriations for the division of loans in the Register's Office, to strike out" four The amendment was agreed to. · clerks at $1,800 each" and insert: The next amendment was in line 69:l, before the word '' clerks," to Five chiefs of division at $2,500 each, one disbursing clerk at 1,200. strike out " five" and insert "six;" so as to read : The amendment was.agreed to. Six clerks of class three. The next amendment waa in line 725, before the word "clerks," to The amendment was agreed to. strike out "four" and insert "ten;" so as to read: The next amendment was in line 693, before the word" clerks," to Ten clerks of class four. strike out " four'' and insert "five;" so aa to read : The amendment was agreed to. Five clerks of cL-tss two. The next amendment wa& in line 725, before the word "clerks," to The amendment was agreed to. strike out "eight" and insert ''ten;" so as to read: The next amendment was in ·line 694, before the word "counters," Ten clerks of claas three. to strike out "ten" and insert" forty-three;" so as to read: One hundred and forty-three counters and copyists, at $900 each. The amendment was agreed to. The next amendment was in line 726, before the word" clerks/' to The amendment was agreed to. strike out " two" and insert "four;" so as to read : The next amendment was in line 696, before the word "messengers," Four clerks of class two. to strike out "four" and insert "nine_; " so aa to read: The amendment was agreed to. Nine messengers. The next amendment was in line 729, make the total appropriation The amendment was agreed to. for the force in the division of loans in the Register's Office $132,640 The next amendment was in line 6!)6, after "twenty," to insert instead of $106,340. "eight;" so as to read : The amendment was agreed to. And twenty-eight laborers. The next amendment was to insert after the word "dollars," in line The amendment was agreed to. 730: The ngxt amendment was in lines 697 and 698, to increase the total And the office of deputy register of the Treasury is hereby abolished, to take appropriations for the force of the d i viBion of loa us of the Treasurer's effect on and after the :i~th day of June next. Office from $156,010 to $200,020. The amendment was agreed to. 3548 CONGRESSIONAL RECORD-SENATE. JuNE 3, The next amendment was in line 734, in the appropriations for the The next amendment waa in line 764, before the word "messengers," Office of the Comptroller of the CniTency, to increase the appropria- to stdke out" four" and insert" five;" so as to read: tion for salary of Comptroller from $4,500 to $5,000. Five messengers. The amendment was agreed to. The amendment was agreed to. The next amendment was in lines 735 and 736, to increase the ap- 'l'he next ameudment was in line 764, before the word "laborers," to propriation for salary of deputy comptroller from $2,600 to $3,000. strike out "ten" and insert "fifteen; so as to read: The amendment was agreed to. . .And fifteen laborers. The next amendment was in lines 736 and 737, to strike out the words "two principal clerks" and insert" four chiefs of division;" ancl The amendment was agreed to. The next amendment was in lines 765 and 766, to increase tho total after the word " thousand," in line 737, to insert " four hundred ; " so appropriation for the force in the Office of Commissioner of Internal as to read: Revenue from $242,310 to 289,600. Four chiefs of division a.t :!,400 ea{:h. The amendment was agreed to. The amendment was agreed to. The next amendment waR in line 767, before the word "thousand," Mr. MORRILL, of Maine. On line 738 there is an omission. After to strike out the word "fifty" and insert "sixty-six;'' and in line 768, tho word "each" I move to insert "one stenographer at 2,000." It after the word " dollars," to strike out the words: does not chan~e the footing at all, because the footing was made as if Said engrnvillg and printing to be done in the Bureau of Engraving and Print. that were in, 1t being a simple omission of an item which was agreed ing of the Treasury Department: Provided, The cost does not exceed the price pai4 upon in committee. under existing contracts. The amendment was agreed to. .A.nd to insert in lieu thereof : The next amendment of ·the Committee on Appropriations was in To be expenued under the direction of tl1e Secretary of the Treasury. line 738, before the word "clerks," to strike out "six" and insert So as to read : "eight; " so as to read: For dies, paper, and stamps, $466,000; to be expended under the direction of the Eight clerks of class four. Secretary of the Treasury. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 739, before the word "clerks," to The next amendment was in lines781 and 782, after the word "1876," strike out "ten" and insert "fourteen;" so as to read: to strike out the words "and June 30, 1817 ; " so as to read: Fourteen clerks of class three. And the unexpended balance standing on the books of the Treasury to t.be credit The amendment was agreed to. • of the appropriation for stamps, paper, and dies, for the fiscal year ending June 30, The next amendment was in line 739, before the word "clerks," to 1875, is hereby made available for any ex~nditures incurred on account of stamps, paper, and dies, during the fiscal year ending June 30, 1876. strike out "eight" and insert "ten;" so as to read: Ten clerks of class two. The amendment was agree(l to. The next amendment was in lines 783 and 784, to increase tbe ap- The amendment wn.s agreed to. propriation for sala.ries and expenses of collectors of internal revenue The next amendment was in line 741, before the word "messen- from $1,531,000 to ·1,920,000. gers," to strike out "two" and insert "four;" so as to read: The amendment was agreed to. Four messengers. The next amendment was in line 7frl, to increase the appropriation The amendment was agreed t.o. for salaries, expenses, and fees of store-keepe-rs, agents, snrvcyors, The next amendment was in line 741, before the word "laborers," gaugers, and miscellaneous expenses from $1,450,000 to $1,800,000. to strike out " two" and insert " four;" so as to read: The amendment was agreed to. Four laborers. The next amendment was in line 796, before the word" collection" to strike out "one hundred and five" and insert " one hundred and The amendment was agreed to. thirty-one;" so as to reau; The next amendment was to insert after the word "laborers," in And from and after the 30th day of J nne next there shall be no more than one line 742, the words : · hundred and thirty-Que collection districts. Two night watchmen at $720 each. The amendment was agreed to. The amendment was agreed to. The next amendment was to strike ont aft,er the word "law," in The next amendment was in lines 743 and 744, to increase the total line 800, the following words: appropriation for the force in the Office of the Comptroller of the Cur- And sections 3159 and 3160 of the Revised Statutes, fllld all laws and pa.r ts of rency from $80,47"0 to $110,180. laws in conflict with the provisions of the foregoing paragraphs relating to the in· The amendment was agreed to. tarnal-revenue service, are hereby repealed. The next amendment was in line 746, in the appropriations for ex- Mr. SHERMAN. I am directed by the Committee on Finance to penses of the national currency under the Comptroller, to increase the oppose that amendment of the Committee on Appropriations. I have appropriation for salary of one superintendent from $2,200 to $2,400; a letter from the Secretary of the Treasury and the Commissioner of of one teller and one book-keeper, in line 748, from $2,000 each to Internal Revenue on the subject. $2,400 each; of one assistant book-keeper, iu line 749, from $1,800 to Mr. MORRILL, of Maine. Do you wish it passed over f $2,200 ; and in line 751, the total appropriation from $22,690 to $23,740. Mr. SHERMAN. Why not just take the question now f The amendment was ag~ed t-o. Mr. MORRILL, of Maine. It may lead to a division of the Senate. The next amendment was in linE' 754, to increase the appropriation Mr. SHERMAN. I only want the amendment of the Committee "for expenses of special examinations of national banks from $1,000 on Appropriations voted down yro forma. I have here a letter from to 2,500. the Secretary of the Treasury concurring entirely in the view of the The amendment was agreed to. Commissioner of Internal Revenue. The Commissioner's letter was The next amendment was in the appropriations for Commissioner read the other day. of Internal Revenue, to increase the appropriation for salary of Com- The PRESIDING OFFICER. Does the Senator from Ohio propose missioner, in line 756, from $5,500 to 6,000. an amendment f The amendment was agreed to. Mr. SHERMAN. If the amendment is disagreed to, that will leave The next amendment waa in line 758, to increase the appropriation the whole text open to amendment hereafter. I ask that the ques- for salary of deputy commissioner from $3,200 to $3,500. tion be put on the amendment from line 800 to 804 and the amend- The amendment was agreed to. ment negatived. The next amendment was in line 759, to increase the appropriation The Chief Clerk read the amendment proposed by the commit- for salaries of seven heads of divisions from 2,250 each to $2,500 tee, which was to strike out, beginning in line 800, the following each. words: The amendment was agreed to. And sections 3159 and 3160 of the Revised Statutes, and all laws and parts of The next amendment was in line 760, to increase the appropriation laws in conflict with the provisions of the foregoing paragraphs relating to the in· for salary of stenographer from $1,800 to 2,000. tarnal-revenue service are hereby repealed. The amendment was agreed to. The PRESIDING OFFICER. The question is on the amendment The next amendment was in line 761, after the word" twenty," to of the Committee on Appropriations to strike out these words : insert" seven;" so as to read: Mr. MORRILL, of Maine. The amendment may be rejected pro Twenty-seven clerks of class four. fonna at any rate. The amendment was agreed to. The amendment was rejected. The next amendment was in line 761, after the word "thirty," to The reacting of the bill was resumed. insert "five;" so as t() read : The next amendment of the Committee on Appropriations was in Thirty-five clerks of class three. line 807, before the word "statutes," to strike out the word "stat- ute~ · The amendment waa agreed to. The amendment was agreed to. The nex_i; amendment was in line 762, a.fter the word" forty," to in- The next amendment waa in line 811, after the word" only," to strike sert " five ;" so as to read : out the word "ten" and insert "thirty;" in line 812, after the word Forty-five clerks of class two. "agents," to strike out the words "each of whom shall receive a com- The amendment was agreed to. pensation of 8 per day" and insert" to be classified as follows: fivo 1876. CONGRESSIONAL RECORD-SENATE. 3549 at a compensation of $10 per day, ten at a compensation of $8 per day, The next amendment wa-s in line 908, to increase the appropriation and fifteen at a compensation of $6 per day ;" so a.s to read: "for gas, drop-lights and tubing, gas-burners, brackets and globes, And sections 2649, 2650, and 2651 of the Revised Statutes, and all laws and parts candles, lanterns, and wicks" from $10,000 to $15,000. of laws authorizing the Secretary of the Treasury to appoint special agents to be The amendment was agreed to. employed in the customs service, and classifying them and regulating the duties of The next amendment was in lines 915 and 916, to increase the ap- said a~ent.'i, shall be so morlified as to authorize the appointment of only thirty spe- cial a.,.ents to bo classified as follows: lt"'ive at a compensation of $10 per day, ten propriation "for desks, tables, and chairs, and shelving for file-rooms, at. a compensation of per day, and fifteen at a compensation of $6 per day~nd and cases, repairs of furniture, boxes, rugs, chair-covers and caning, actual traveling expenses when actually employed in the duties of such agency. cushions, cloth for covering desk~ locks, screws, hand-saws, turpen- The amendment was agreed to. tine and varnish" from $10,500 to ,15,000. The next amendment was in line 847, in the appropriations for the The amendment was agreed to. office of the Light-House Board, to increase the appropriation for The next amendment was in line 929, to increase the appropriation salary of chief c1erk from $2,250 to$2,500; and in line 851, to increase "for washing towels, brooms, brushes, crash, cotton cloth, cane, cha- the total from $13,310 to $14,360. mois-skins, dusters, flour, keys, lye, matches, nails, oil, powde.rs, The amendment was agreed to. spon~e, soap, ta-cks, wall-paper, and the other miscellaneous expenses The next amendment was in line 8M, in the appropriations for the reqmred for the current and ordinary business of the Department, office of the Bureau of Statistics, to increase the appropriation for and for repairs of machinery, baskets, spittoons, files,· water-coolers, salary of the officer in charge of the Bureau from $'2,250 to ~,500. tumblers, ice-picks, bowls and pitchers, traps, thermometers, venti- The amendment was agreed to. lators, towels, awnings and fixtures, alcohol, window-shades and fix- The next amendment was in lines 855 and 856, to increa..se the np- tures, wire screens, hemming towels, axes, bellows, chisels, canvas, propriation for salary of chief clerk from $1,800 to $2,000. candle-sticks, door nnd window fasteners, bells and bell-pulls, ham- The amendment was agreed to. mers, mallets, leather, gum, and other l)eltiug, stencil-plates, tools, The next amendment was in line 856, before the word "clerks," to whetstones, wire, and zinc, and other absolutely necessary expenses" strike out "thr~e" and insert "five;" so.as to read: from $10,000 to $20,000. · Five clerks of class four. The amendment wn.s agreed to. The amendment was agreed to. The next amendment Wa.B in the appropriations for the officoof the The next amendment was in line 857, before the word" clerke," to assistant treasurer at New York, in line 9'.33, to increase the appro- strike out "four " and insert " six ; " so as to read : priation for 0011'\pensation of the assistant treasru·er n·om $7,200 to $9,000. Six clerks of class three. The amendment W3S agreed to. The amendment was agreed to. The next amendment was in lines 934 and 935, to increa-se the a.ppro- The next amendment was in line 857, before the word" clerks," to priation for compensation of Deputy Assistant Treasurer from $3,240 strike out " four" and insert ''eight; " so ne to read: to $3,600. Eight clerks of class one. The amendment w~ agreed to. The amendment was agreed to. The next amendment was in line 936, to increase the appropriation The next amendment was in lines 860 and 861, ro increa.se the total for compensation of cashier and chief clerk from $3,780 to $4,200. appropriation for the force in the Bureau of Statistics from $33,790 to The amendment was agreed to. $47,640. The next amendment was in lines 937 and 938, to increase the ap- The amendment was agreed to. propriation for c.o mpensation of chief of coin division from $3,600 to The next amendment wns in line 862, after the wonl "and," to $4,000. strike out the words "all the" ancl insert ''for the additional;" and 'fhe amendment was agreed to. in line 865, after the word "CongreBB," to strike out the words " shall The next amendment was in line 939, to increa-se the appropriation be performed by the clerical force herein provided for" and insert : for compensation of chief of note-paying division from $2,700 to The sum of $15,000, or so much thereof ns may be necessary, is hereby ~ppropri.'l.­ 3,000. ted, to be expended, under the direction of the Secretary ofthe Treasury, in pavment The amendment was agreed to. of the services of experts, and for other necessary expenditures connecteu with The next amendment was in lines 940 and 941, to increase the a.p- the collection of fucts relative to the internallldld foreign commerce of the United States. propriation for compensation of chief of note-receiving division from So as to make the clause read: $2,700 to $3,000. The amendment was agreed to. And for the additional duties imposecl upon the Bure..'\11 of St.ltistics by the legis- The next amendment was in line 942, to increase the appropria- lation of the second session of the Forty-third Congrt'ss tho sum of $15,000, or so much thereof as maJ be necessary, is hereby appl'Opriated, to bo expended, under tion for compensation of chief of check division from $2,700 to the direction of tho :secretary of the Trea ury. in payment of the services of experts, 3,000. nntl for other necessary expenditures conm·cted with the colleetion of facts re1'lctivtl The amendment was agreed to. to the internal and foreign conunerce of the United States. The next amendment was in lines 943 and 944, to increase the ap- The amendment was agreed to. propriation for compensation of chief of registered-interest division The next amendment was in line 874, in the appropriations for the from $2,520 to 2,800. officers of the Bureau of Engraving and Printing, to increase the ap- The amendment was agreed to. propriation for salary of Chief of Bureau from $4,500 to $5,000 ; in The next amendment was in line 945, to increase the appropriation line 875, to increase the 'l.pp.ropriat.i on for salary of one aBSistant from for compensation of chief of coupon-interest division from $2,250 to $2,250 to $2,!)00; in line 876, to increase the appropriation for salary $2,500. of ftccountant from $2,000 to $2,200; in lines 879 and 880, to increase Tho amendment was agreed to. the total from 20,330 to $21,280. The next amendment was in line 943, to increase the appropriation The amendment was agreed to. for compensation of chief of fractional-currency division from $2,250 The next amendment was in line 884, in the miscell:meous appro- to $2,500. priations for the Treasury Department, to increase the a~ropriation The amendment was agreed to. for official postage-stamps from $80,000 to $200,000. The next amendment was in line 948, to increase the appropriation The amendment was agreed to. for compensation of chief of bond division from $2,160 to $2,400. The next amendment wns in line 892, to increase the appropriation The amendment was agreed to. ''for investigations of accounts and records" from 2,000 to $3,000. The next amendment was in lines 949 and 950, to increase the ap- The amendment was agreed to. . propriation for compensation of chief of canceled checks and record The next amendment was in line 894, to increase the appropriation division from $1,800 to $2,000. • "for freight, expressage, telegrams, and car tickets" from $4,000 to The amendment was agreed to. $6,000. The next amendment was in line 951, to increase the appropxiation The amendment was agreed to. for compensation of two clerks from $2,160 each to $2,400 each. The next amendment was to insert after line 895 the following: The amendment was agreed to. For rent of bUildings, $13,000. The next amendment- was in line 952, to increase the appropriation The amendment was agreed to. for compensation of six clerks from $1,980 each to $2,200 each. The next amendment was in line 899, to increase the appropriation The amendment )Vas agreed to. . "for care and subsistence of horses for office and mail-wagons, iaclud- The next amendment was in lines 953 and 954, to increase t-he ap- ing feeding and shoeing; and for wagons, harness, and repairs of propriation for the compensation of ten clerks from $1,800 each to sa.me" from $2,800 to $4,000. 2,000 each. . . The amendment .was agreed to. . The amendment was agreed to. The next amendment was in line 902, to increase the appropriation The next amendment was in line 955, to increase the appropriation for "ice, buckets, file-holders, book-rests, Le boon oxhausted as herein pro- each, and the salaries of chief justices anll associate justices shall be $2,500 per an. / i I l87G. CONGRESSIONAL RECORD-SENATE. 355:_1 n'um ea.cu, n.n1l tlte salaries of secret'lrieR of Tenitories shall be 2,000 per annum The next amendment was in line 1452, before the word "clerks," to 4:'ach; and sections ltl4 i alllll87!:1 of the Revised Statut~s. and all laws and parts of strike out "four 'l and insert the word " six;" so as tp read : laws ill conflict with the provisions herewith stated, are hereby. repealed. Six clerks of c~s two. The amendment \Yas agreed to. 1'lle uext amendment was in line 1358, to increase the appropria- The amendment was agreed to. tion for legisl:Jttivo expenses of the Territory of Arizona from $20,000 The. next amendment was in line 1453, before the word '' messen- to $25,COO. gers," to strike out "eight" and insert " nine;" so as to read: 1'he amenl amount of the appropriations for the force in the Office of the Bta.tes or by express enactment of Congress. Adjutant-General from $215,670 to $320,600. The amendment was agreed to: The amendment was agreed to. The next amendment was to insert after line 1441 : The next amendment was in line 1476, to increa-se the appropria. tjon for contingent expenses of the Office of the Adjutant-General District of Colmnbia.: For salaries of the .five members of the board of health, $10,000, or so much there, from $8,000 to $12,000. of as may be necesaary. The amendment was agreed to. The ne~t amendment was in line 14~9, to increase the appropria- The amendment was agreed to. tions for clerks in the Office of the Inspector.General n·om $2,440 to The next amendment was in the appropriatioB for the office of the $2,640. Secretary of War, in lines 1447 and 144tl, to increase the appropria~ The amendment was agreed to. tion for compensation of one chief clerk from $2,250 to ~,500. The ne1:t amendment was to insert after line 1479 the following: The amendment was agreed to. · The next amendment was in lines 1448 and l449, to increase the In thtl l3ureau of Military Justice: · One chief clerk, at $2,000; one clerk of class four; one clerk of class three; two apJ:!ropriation for compem~ation of one di.sbursP!.g clef~ from $1,800 clerks of class two; three clerks of class one; one messenger ; in all, $12,640. to $2,000. For contingent expenses, $500. · The amendment was agreed to. The amendment was agreed to. The next amendment was in line 14:50, to increase tha appropria- The nex:t amendment was to insert after line 1485: tion for compensation of two chief cleJ:ks of division from $1,800 each In the Signal Office : to 2,000 each. Two clorks of class four; one messenger; in all, $4,440. The amendment was agreed to. The next amendment was in line 1451, before the word f' clerks," to The amendm'ent was agreed to. ·. · strike ont "five" and insert " seven;" so as to read : The next amendment was in the appropriations for the Office of the Quartermaster-General, in line 1490, to increase the appropriation for Seven clerks of class four. compensation of one chief clerk from 1,800 to $2,000. 'l'he amendment was agreed to. , • The amendment W88 agreed to. The next amendment was in l.i.ne 1451, before the word "clerks," to The nex:t amendment was in line 1491, before the word "clerks," to strike out "four" and insert "six; " 80 as to read : strike out'' six" and insert" eight;" 80 as to road: Six clerks of class three. Eight clerks of class four. The amendment 'vas agreed to. The amendment was agreed to. IV-223 3554 CONGRESSIONAL RECORD-SENATE. JUNE 3, . I The next amendment was in line 1491, before the word" clerks," to The next amendment was in line 1533, before the word" clerks," strike ont "eig~t" and insert "ten ; " so as to read : to strike out "two" and insert " three;" so as to read: Ten clerks of cla.ss three. Three clerks of class two. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 1496, before the word "laborers," The next amendment was in line 1533, before the word "clerks,'' to to strike out" six" and insert" eight;" so as to read: strike out" six" and insert" eight;" so as to read: Right laborers. Eight clerks of class one. The amendment was agreed to. · · The amendment was agreed to. The next amendment was in line 1535, to increase the total amount The next amendment was in line 1499, after the word "dollars," to of the appropriations for the force in the Office of the Chief of Ordnance insert: · from 20,860 to Z7 ,560. Six temporary clerks of class two; two temporary clerks of class one; eight The amendment was agreed to. temporary copyists, at f900 each. The next amendment was in the appropriations for the Office of the The amendment was agreed to. Paymaster-General, to increase the appropriation in line 1547 for The next amendment was in line 1502, to increase the total amount compensation of one chief cle.rk from 1,800 to $2,000. of the appropriation for the force in the Office of the Quartermaster- The amendment was agreed to. General from $132,680 to $163,920. The next amendment was in line 1548, before the word '' clerks," The amendment was agreed to. to strike out " five" and insert "seven;" so as to read: The next amendment was in the appropriations for the Office of the Seven clerks of class four. · Commissary-General, in line 1506, to increase the appropriation for The amendment was agreed to. compensation of one chief clerk from $1,800 to $2,000. The next amendment waa in line 1548, before the word "clerks," The amendment was agreed to. to strike out ''six" and insert "eight ; " so as to read : The next amendment was in line 1507, before the word "l}lerk," to strik.e out "one" and insert "two,'' and to strike out the word "clerk" Eight clerks of class three. and msert "clerks;" so as to read: The amendment was agreed to. Two clerks of class four. The next amendment was in line 1549, before the words "clerks," to strike out "Lwelve" and insert "seventeen;" and in line 1550, after The amendment was agreed to. the word "two" to insert "two of whom shall be temporary;" so as The next amendment was in line 1507, before the word "clerks," to to read: strike out "three" and insert "four;" so as to read: Seventeen clerks of. class two, two of whom shall be temporary. Four clerks of class three. The amendment was agreed to. The amendment was agreed to. The next amendment waa in line 1550, before the word "clerks," The next amendment was in line 1508, before the word " clerks," to toNine sti·ike out "ten" and insert "nine;" so as to read: clerks of class one. strike out ''four" and insert "five;" so as tQ read: The amendment was agreed to. Five clerks of clasS two. The next amendment was in line 1551, before the word "watch- The amendment was agreed to. men," to strike out " two'' and insert "four;" so as to read: · The next amendment was in line 1508, before the word "clerks," to Four watchmen. strike out "ten" and insert ''twelve ;" so as to read : The amendment was agreed to. Twelve clerks of class one. The next amendment was in line 1551, before the word ''laborers," The amendment was agreed to. to strike out "two" and insert" fivo;" so as to read: Five laborers. The next amendment was in lines 1510 and 1511, to increase t.he total amount of the appropriation for the force in the Office of the The amendment was agreed to. Commissary-General from $29,390 to $37,840. The next amendment was in line 1552, to increase the total amount The amendment was agreed to. of the appropriations for the force in the Office of the Paymaster-Gen- The next amendment was in the appropriations forthe Office of the eral from $49,820 to $69,320. Surgeon-General, in line 1516, to increase the appropriation for com- The amendment was agreed to. pensation of one chief clerk from 1,800 to $2,000. The next amendment was in the appropriations for the Office of the The amendment was agreed to. Chief of Engineers, to increase the appropriation for compensation of The next amendment was in line 1517, before the word "clerks," one chief clerk, in line 1556, from $1,800 to $2,000. to strike out" six" and insert "eight;" so as to read: The amendment was agreed to. Eight clerks of class four. The next amendment was in line 1557, before t.he word "clerks," to strike out ''four" and insert "five;" so as to read: The amendment was agreed to. Five clerks of class four. The next amendment was in line 1517, before the word "clerks," The amendment was agreed to. to strike out "four" and insert "six ;" so as to read: The next amendment was in line 1557, before the word "clerks," Six clerks of class three. to strike on t " three" and insert " four ;" so as to read: The amendment was agreed to. Four clerks of claee three. The next amendment was in line 1518, before the word "clerks," The amendment was agreed to. to strike out " six" and insert " nine;" so as to read: The next amendment was in line 1558, before the word "clerks," Nine clerks of class two. to strike out ''three" and insert "four;" so as to read: Four clerks of clas~ two. l The amendment was agreed to. The amendment was agreed to. The next amendment was in line 1518, after the word "hundred," The next amendment was in line 1558, before the word " clerks," to insert "and thirty;" and in line 1519, after the word ''one," to in- to strike out" three" and insert" two;" so as to read: sert ''thirty-eight of whom shall be temporary;" so as to read: Two clerks of class one. One hundred and thirty clerks of class one, tbirty·eight of whom sball be tern· The amendment was agreed to. porary. The next amendment was in line 1560, to increase the total amount The amendment was agreed to. of the app1·opriation for the force in the Office of the Chief of Engi- The next amendment was in line 1523, before the word "watch- neers from $23,050 to $28,400. men," to strike out "eighteen" and insert "twenty-two;" and in line The amendment was agreed to. 1524, aft.er the word "laborers," to insert "six of whom shall be tem- The next amendment was in line 1568, to increase the appropria- porary;" so as to 1·ead : tion for compensation of one engineer in the War Department build- Twenty-two watchmen and laborers, six of whom shall be temporary. ing from 1,200 to 1,400; in line 1569, to increase the nnmberof watch- The amendment was agreed to. men from two to four, and to change the total amount from $4,080 to The next amendment was in lines 1525 and 1526, to increase the $5,720; so as to make the clause read: total amount of the appropriations for the force in the Office of the forFor compensation of one engineer in the War Department building,. $1,400; and four watchmen and two laborers; in all, $5,720. · Surgeon-General from $161,800 to $214,280. The amendment was agreed to. The amendment was agreed to. The next amendment was io the appropriations for the Office of the The next amendment was in line 1574, before the word" watch- Chief of Ordnance, to increase the appropriation in line 1531 for men," to strike out " two" and insert " five; " before the word "ln.- compensation of one chief clerk from 1,800 to $2,000. borer" to strike out t.he word "one" and insert "two ; " strike out The amendment was agreed to. "laborer" and insert ''laborers; " and in lines 1577 and 1578, to strike The next amendment was in line 1532, before the word" clerks," to' out "$12,160" and insert" 15,040 ;"so as to read: strike out "two" and insert '' three;" so as to read: For :five watchmen and two laborers in the building occupied by the Paymaatcr. General, and for rent of the building, and fud, and miscellaneous items, $l0,000; Three clerks of class three. in all, fl5,040. The amendment was agreed t\). -The amendment was agreed to. . . . • 1876. CONGRESSIONAL RECORD- . HOUSE. 3555 The next amendment was in line 1579, before the word'' watchmen," words "one clerk of class four" and insert "chief clerk, $1,800; one to strike ont "two" and insert "four;" before the word "laborer~' to clerk of cla s three;" in line 1663, after the word. "messenger," to strike out "one J) and insert "two ; 11 to strike out "laborer" and in- insert "and one laborer ;" and in line 1664, after the word "all," to sert "1:1borers;" and in line 1585, to strike out "$8,160" and insert strike out "2,440" and insert "4,960;" so that the clause will read: " $10,320; '' so as to read : Bureau of Medicine and Surgery: For four watchmen and two laborers in the building at the corner of Seventeenth For chief clerk, $1,800; one clerk: of rJass three, _one messenger, and one laborer, and F streets, and for fuel for WI.\I'ming the entire building, including the Ordnance in~~~ . Office, and for operating tbe ventilating fan in summer. repairs of steam-warming The amendment was agreed to. and ventilating apparatus, pay of steam eng)neer and fireman, and for general re- The next amendment was in line 1668, before the word " watch· pairs and miscellaneous itt,ms, i6,000; in aU, i10,320. men," to strike out" two" and insert'' five;" before the word" la- The amendment was agreed to. borer," to strike out " one" and insert " two," and to strike out " la- The next amendment was in the appropriations for the Office of the borer" and insert " laborers," and after "the word " all/' in line 1669, Secretary of the Navy, in lines 1593 and 1594, to increase the appro- to strike out "two thousaJJd one hundred and sixty" and insert "five priation for compensation of the chief clerk of the Navy Department thousand and forty;" so as to read : from $2,250 to $2,500. -- For five watchmen and two laborors for the building occupied by the ·Navy De- The amendment was agreed to. partment; in all, $5,040. The next amendment was in lines 1594 and 1595, to increase the The amendment was agreed to. appropriation for compensation of one disbursing clerk from $1,800 EXECUTIVE SESSION. to $2,000. The amendment was agreed to. Mr. SHERMAN. The Senate is certainly wearied, 88 I know I am. The next amendment was in line 1596, before the word "cl~rks," I move that the Senate proceed to the consideration of executive bus- to strike out "three" and insert "four;" so as to read : iness. · Four clerks of class three. The motion wa-s agreed to; and the Senate proceeded to the con- The amendment was agreed to. sideration of executive business. After three minutes spent in execu- The next amendment was in line 1596, to strike out the words "one tive session the doors were re-opened, and (at four o'clock and eight- een minutes p.m.) the Senate adjourned. clerk," and insert "two clerks;" so as to read: Two clerks of cla.ss two. The amendment was agreed to. The next amendment was in line 1597, before the word" clerks," to strike out '~two" and ~rt "three;" so as to read: HOUSE OF REPRESENTATIVES. Three clerks of cl:l.ss one. The amendment was agreed to. SATURDAY, June 3, 1876. The next amendment was in line 1597, to strike out "one messen- The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev. ger" and insert " two ;" so a.s to read: I. L. TOWNSEND. Two messengers. The Journal of yesterday was read and approved. The amendment was agreed to. WHISKY FRAUDS. The next amendment was in lines 1598 and 1599, to increase the total appro12riation for the force in the office of the Secretary of the Mr. CATE. I ask unanimous consent to introduce a resolution. Navy from $28,780 to $35,620. Mr. PAGE. I call for the regular order. The amendment was agreed to. Mr. CASWELL. I reserve the right to object to the resolution after The next amendment was in lines 1604 and 1605, in the appropria- I shall have beard it read. Mr: PAGE. I will withdraw my objection. tions for the Bureau of Yards and Docks, to insert after the word "dollars" the words "one drangbtsman, 1,800;" and in lines 1607 and Mr. CATE. I offer the following resolution for action now: 1608, to increase the total appropriation for salaries in the Bureau of toResolved, That the special committee of the Honse of Representatives appointed investigate the so-called whisky frauds in Saint Louis, Missouri, are authorized Yards and Docks from 10,360 to $12,760. and direci'A:ld to investigate the question of frauds on the revenue in the manufact- 'file amendment was agreed to. ure of whisky and high wines in Milwaukee, Wisconsin, and whether any officers The next amendment was in line 1616, to increase the total appro- of the United States were concerned therein. priation for salaries in the Bureau of Equipment and Recruiting from Mr. HURLBUT. · I object to that resolution. $11,410 to $11,960. The amendment was agreed to. PRODUCTS OF GOLD AND SILVER. The next amendment was in line 1623, to increase the total appro- Mr. BLAND. I ask to have printed a bill to utilize the products of priation for salaries in the Bureau of Navigation from 67110 to $6,360. gold and silver mines, and for other purposes, being a substitute for The amendment was agreed to. the bill H. R. ~o. 3363, as amended by the col'nmittee. The bill The next amendment was in line 1629, in the appropriations for comes from the Committee on Mines and Mining with a favorable the Bu.reau of Ordnance, to increase the appropriation for compen- recommendation, and I ask to have the usual number of copies printed, sation of draughtsmen from $1,600 to $1,800; in lines 1629 and 1630, and also to have it printed in the RECORD. to provide for two clerks instead of one clerk of class two ; and in The SPEAKER. Is it an original bill or is it a substitute f line 16317 to increase tile total from $7,710 to $9,560. Mr. BLAND. This is a substitute for the bill, reported back with The amendment was agreed to. . amendments and with a favorable recommendation. The next amendment was in the appropriations for the Bureau of Mr. KELLEY. Will it not be time enough when the committee is Construction and Repair, to increase the appropriation, in line 1637, called T for compensation of dranghtsmen from $1,600 to $1,800. Mr. BLAND. I wish to have it printed. The amendment was agreed t{). Mr. KELLEY. I understand that the substance of the bill is such The next amendment was in line 1638, to strike out the words ''one that it is a bill that should properly come from the Banking and Cur- clerk" and insert "two clerks; " so as to read: rency Committee; that it is a bill that is not within the legitimate Two clerks of class three. scope of the Committee on Mines and Mining, but proposes to utilize The amendment was agreed to. the products of gold and silver mines by giving us a new system of The next amendment was in line 1638, before the word "c\erk," to and currency. I move that it be referred to the Committee on Banking strike out "one clerk" and insert "two clerks;" so as to read: Currency. .Mr. BLAND. The bill was referred to the Committee on Mines Two clerks of class two. and Mining and they reported a substitute, and now they report ame'Jld- Tlle amendment was agreed to. ments to that substitute. It seems to me the motion of the gentle- The next amendment wa-s in lines 1639 and 1640, to increase the man comes t.oo late. total appropriation for salaries in the Bureau of Construction and Mr. KELLEY. Let the bill be read, ancl we can then see whether Rt>pair from 9,310 to $12,960. or not it is a bill appropriately belonging to the Committee on Bank- The amendment was agreed to. ing and Currency. The next amendment was in the appropriations for tho Bureau of The SPEAKER. The motion of the gentleman having charge of Steam Engineering, to insert after the word "dollars, in line 1645, the the bill to print and recommit will not do any harm. words " one draughtsman, at $1,800 ; one assistant draugbtsman, at Mr. KELLEY. But ho does not ask to have it recommitted. $1,600;" and in lines 1648 and 1649, to increase the total from$4,660 to The SPEAKER. The effect of the request to print, if granted, will $7,760. be to leave the !Jill in the bauds of the committee. If the request Tile amendment was agreed to. · was that the !Jill he printed and some order of the Honse made in re- The next amendment was in the appropriations for the Bureau of gard to it, that would be another thing. Provisions and Clothing, to strike out the words" one clerk." in line Mr. KELLEY. When the Chair asked the gentleman if be wished 1655, and insert " two clerks;" so as to read : " Two clerks of class to have the bill recommitted, he said" no." three;" in line 16567 before the word "clel'ks," to strike out "two" Mr. HURLBUT. Let the bill be printel). and recommitted. and insert "three;" so as to read : "Three clerks of class one ·" and Mr. BLAND. No, I do not ask that. in lines 1657 and 1658, to increase the total from $11,410 to $14:760. Mr. HURLBUT. It cannot well be printed without recommittal, 'I'he next amendment wa-s in lines 1661 and 1662, to strike out the unless it is to be acted upon now. 3556 CONGRESSIONAL RECORD-HOUSE. JUNE 3, The SPEAKER. The effect of ordering the bill to be printed will A bill (S. No. 599) granting a_pension to Catharine A. Winslow, be to leave it with the committee; it amounts simply to an order widow of the ln.t.e Re:tr-Admiral John A. Winslow-to the Committee that the bill be printed for the use of the Honse. · on Inva.1id Pensions. Mr. HURLBUT. If it is simply a question of printing, then let it A bill (S. No. 626) in relation to the Japanese indemnity-to the go to the Committee on Printing. Committee on Foreign Affairs. Mr. BLAND. I simply ask to have the bill printed. A bill (S. No. 728) for the relief of Martha J. Coston-to the Com- Mr. HURLBUT. I move to amend by adding" and recommitted." mittee on Naval Affairs. Mr. BLAND. There is no necessity to recommit it. A bill (S. No. 779) to provide.for the sale of the reservation of the Mr. KELLEY. The gentleman evidently reports this bill contem- confederated Otoe and Missouria Indians in the States of Kansas and plating some action upon it. It has not been read; it is a bill that Nebraska-to the Committee on Indian Affairs. should come from another committee; it rela.tes to business not with- An act (S. No. 808) for the relief of Charles B. Varney, of Portland, in the r:mge of business confided to the Committee on Mines and Maine-to the Committee on Public Lands. Mining. _ An act (S. No. 863) to change the name of the steamship City of Mr. BLAND. The gentleman is stating what he does not know pre- Brashear to Lone Star-to the Commit.tee on Commerce. cisely, though it may be the fact. The bill has not been read yet; Au act (S.No.l05) for the relief of Dickson Shinault, late assistant and how can the gentleman state what is in a bill that has not been keeper of the light-vessel at Wolf Trap light-station, in the State of read. I desire to have the bill printed. Virginia-to the same committee. Mr. KELLEY. Let the bill be read, and then we will see whether An act (S. No. 118) granting a pension to James H. Woodard-to I have not properly stated its contents. the Committee on Invalid Pensions. Mr. RANDALL. How is this bill before the House f An act (S. No. 294) for the relief of Charles E. Hedges-to the Com- Mr. BLAND. It is reported by order of the Committee on Mines mittee on Indian Affairs . . and Mining. An act (S. No. 369) to exempt vessels engaged in navigating the The SPEAKER. The question is upon the amendment of the gen- Mississippi River and its tributaries above the port of New Orleans tleman from Illinois [Mr. HURLBUT] to the motion of the gentleman from entries and clearances-to the Committee on Commerce. from Missouri, [Mr. BLAND.] 'l'he gentleman from Missouri moves An act (S. No. 413) establishing the port of Saint Paul, Minnesota, that the bill be printed; the gentleman from Illinois moves to amend , ns a port of appraisal-to the same committee. · by adding the words'' and recommitted." · An act (8. No. 471) to re-open the lands of the Fort Sedgwick mill- The question waa taken upon the amendment; and upon a division taryreservation to settlement and occup~tion as public lands-to the there were-ayes 59, noes 34. Committee on Public Lands. Mr. KELLEY. I call for tellers, no quorum having voted. An act (S. No. 539) to provide for an increase of pension in favor of Mr. O'NEILL. Will a call for the regular order stop this f I Martin Kelly-to the Committee on Invalid Pensions. ·want to help the majority of this House to adjourn before the 1st dny An act (S. No. 558) making a further appropria.t.ion for the erection • of September, and to do that I call for the regular order. of Government buildings in Dover, Delaware-to the Committee on The SPEAKER. It is too late to take t.his matter from before the Public Buildings and Grounds. House by calling -for the regular order. An act (S. No. 634) to amend an act entitled "An act to incorpo- Mr. BLAND. I have no objection to printing 3Jld recommitting the · rate the joint-stock company of the Young Men's Christin,n Associ a- bill. . tion of Washington," approved March~, 1867-to the Committee for The SPEAKER. Then, unless there be objection, the bill will be the District of Columbia. printed and recommitted. . An act (S. No. 675) to enable Horace L. Emery to make an applica- Mr. KELLEY. Not to be bro~ght back on$\ motion to reconsider. tion to the Commissioner of Patents for the extension of letters-pat- The SPEAKER. It will be so ordered. ent fm· improvement in cott-on-ginning machines-to the Committee There being no objection, the bill (H. R. No. 3635) was-ordered to on Patents. · be printed and recommitted. An act (S. No. 676) authorizing the construction of a light-house wmsKY FRAUDS. and fog-bell on Round Islo.nd, Straits of Mackinac-to the Commit- tee on Commerce. Mr. HURLBUT. I withdraw my objection to the resolution offel'ed An act (S. No. 67A) for the relief of Ephraim P. Abbott-to the Com- by the gentleman from Wisconsin, [Mr. CATE.] roittee on Public Lands, Mr. CATE. I have modified .the resolution, and I think there will An act (S. No. 769) to alter and appoint the time for holding the now be no objection to it. circuit court of the United States for the fourth judicial circuit, and The resolution, as modified, was as follows: for other purposes-to the Committee on the Judiciary. Resolved, That thespecialcommittooof the House of Representatives appointed An act (S.No: 770) for the relief of Judson S. Post, of Missouri, late to investigate the. so-called whisk-y frauds in Saint Louis, Missouri, are authorized ffi f h U · S N C and directed to investigate the question of frauds on the revenue in the manufact- disbursing o cer o t e mted ta.tes avy-to the ommittee of ure of whisky and high wines in Milwaukee, Wiscoll8in, and whether any officers Claims. of the UniteO: States were concerned therein; to include the transactions and con- An act (S. No. 825) to provide for the more speedy adjustment of tributions-of the whisky ring in the year 1873 in influencing the elections. the accounts of the Treasurer of the United States-to the Commit- The SPEAKER. Ia tllere further objection to the resolution offered tee of Ways and Means. by the gentleman from Wisconsin f An act (S. No. ~2) for the relief of the family of the late John T. There being no further objection, the resolution was adopted. . King, and of L. B. Cutler-to the Committee on Appropriations. ENROLLED JOINT RESOLUTION SIGNED. The following House bills, retumed from the Senate with amend- Mr HAMILTON of Indiana from the Committee ou Enrolled Bills ments, were severally taken from the Speaker's table and referred as reporled that they had exarr.'ined and found truly enrolled a joint indic~ted : . . resolution of the following title; when the Speaker signed the same: A b1ll (~. R. No. 339) for the relief of E. D. Franz-to the Commit· A joint resolution (H. R. No. 115) granting the use .of artillery, tee o~ Clauns. . .. blankets &c. at the national soldiers' reunion at Caldwell Ohio. A bill (H .. R. No. 341) for the relief of LomB Rosenbaum-to the ' ' ' same comnnttee. UNION PACIFIC RAILROAD. A bill (H. R. No. 1071) for the relief of Lieutenant James B. Sin- The SPEAKER, by unanimous consent, laid before the Honse a let- clair, Unit.ed States Army-to the Committee on Military Affairs. ter from the Secretary of the Interior, transmitting, in response to a A bill (H. R. No. 1803) to provide for t.he appointment of commis- House resolution of May Z>, 1876, a copy of the report of Hon. Isaac siouers for taking affidavits, &c., for the courts of the United States- N. Morris relative to the condition of the Union Pacific Railroad be- to the Committee on the Judiciary. tween Omaha and the summit of the Rocky Mountains; which was Mr. RANDALL. I move to reconsider the various votes by which referred to the Committee on the Pacific Railroad. these bills have been referred; and also move that the motion oo re- ORDER OF BUSINESS. consider be laid on the table. Mr. HURLBUT. I now call for the regular order if the chairman The latter motion was agreed to. of the Committee on Appropriations [Mr. "RANDALL] is ready to go on. RICHARD S. KINNEY AND WILLIAM R. JONES. Mr. RANDALL. I am always ready to do-that. I move that the ' rules be suspended and that the House now resolve itself into Com- Mr. HANCOCK, by unanimous consent1 introduced a bill (H. R. No. mittee of the Whole on the state of the Union for the purpose of con- 36.16) to remove the legal and political disabilitieR of Richard S. Kin- -tinning the consideration of the Indian appropriation bi11. ney and William R. Jones; which was read a first and second time. 'l'he SPEAKER. Before that motion is submitted the Cha.ir will The bill was read. It provides that, with the concurrence of two- ask if there is objection to referring the bills now upon the Speaker's thirds of each House of Congress, the legal and political disabilities table to their appropriate committees f of RichardS. Kinney, of San Antonio, Texas, and William R. Jones, There was no obiection. of Laredo, Texas, imposed by reason of their participation in the J late war, be removed. REFERENCE OF BILLS. Mr. HURLBUT. Has the customary petition been filed f . The following Senate bills were taken from the Speaker's table, Mr. HANCOCK. Yes, sir; there are petitions on file in both cases. read a first and second time, and severally referred, as follows: Mr. KASSON. I suggest that the phraBeology of the bill be varied A bill (S. No. 155-) to amend sections 533, 556, 571, and 572, of the so as to provide in the nsual form for the removal of disabilities im- Revised Statutes of the United States relating to courts in Arkansas posed by the fourteenth article of the amendments of the Constjtu- and other States-to the Committee on the Judiciary. tion of the United States. --;- . 1876. CONGRESSIONAL RECORD-HOUSE. 3557 Mr. HANCOCK. I have no objection to such an amendment. Choctaw, Chickasaw, Creek, Cherokee, and Seminole; and of these the Chickaaaws The SPEAKER. Is there objection to modifying the bill in the have refused to send delecrates to the council for the la..'!t four or five vears. The council can be prOductive of Iio possible good until the other departments of manner indicated f a territorial government are provirled for by act of Uongress, as is contemplated by There being no objection, the bill was modified accor~ing.ly. the treaties of 1866 with the five civilized nations. The bill was ordered to l>e engrossed and read a third tune; and If it is argued that the coiillllingling of representatives o£ the civilized with the savage Indians has a good effect upon tho la-tter, th~:~n I suggest, instead of this stu- being engrossed, it was accordingly read the third time, and passed, pendous farce annually convened at the expense of thousands of dollars, that an two-thirds voting in favor thereof. appropriation of e:>oo, to enable a few wise men from the five civilized nations be· Mr. HANCOCK moved to reconsider the vote by which the bill was fore mentioned to visit Fort Sill, where the wild Indians are mostly $athe1~:~tl, would passed; and also moved that the motion to reconsider be laid on the be much more economical and effective. No attempt to enact any 1aw has yet boon made by this council. table. Very respectfully, yonr obedient servant, · The latter motion was agreed to. ELIAS C. BOUDINOT. Hon. ERASTUS WELLS. OBSTRUCTIONS IN OmO RIVER. Mr. HOLMAN. I hope the committee will not strike out this pro- Mr. DUNNELL, by unanimous consent, from the Committee on posed appropriation or that my friend from Missouri [Mr. WELLS] Commerce, reported back a bill (H. R. No. 163?) to re-imburse. cer- will not press his amendment. A very intelligent gentleman belong- tain citizens of Allegheny County, Pellll8ylvan1a, for money pa1d to ing to one of these five civilized tribes came before the Committee on remove obstructions in the Ohio River; which was referred to the Appropriations and presented absolutely conclusive reasons why this Committee of the Whole on the Private Calendar, and the accom- Government should encourage this legislative assembly composed of panying report ord~red to be printed. representatives of the various tribes which have been gathered to- INDIAN APPROPRIATION BILL• . gether in this Indian Territory. We are furnished the last opportu- nity ou the face of this continent for the Indian to achieve whatever Mr. RANDALL. I move the rules be suspended a.nd the House re- he c~n in the progress of civilization. And, sir, I hold it to be the solve itse1f into Committee of the Whole for the consideration of the very highest duty of this Government to encourage these tribes that Indian appropriation bill. have beAn progressing for yea.rs in the pathways of civilization in ac- The motion wa~ agreed to. complishing whatever they can in the betterment and improvement The House accordingly resolved itself irito Committee of the Whole, of their conuition. (Mr. SPRINGER in the chair ) and resumed the consideration of the I hold in my hand a. jonrnn.l purporting to be the journal of the special order, the bill (H. R. No. 3478) making appropriations for the sixth annual session of tho General Council of tho Indian Territory, current and contingent expenses of the Indian Department, and for composed of delegates duly elected from the Indian tribes legally resi- fulfilling treaty stipulations with various Indian tribes, for the year dent therein, assembled in council n.t Ocmulgee, Indian Territory, ending June 30, 1877, and for other purposes. from the 3d to the 15th, i:nclusive, of May, 1875. I have run over The CHAIRMAN. The Clerk will rend the pending paragraph. with great interest the proceedings of that council, that legislative The Clerk read as follows: body, that congress of these Indians, and I felt strongly impressed For this amount, or so much thereof as may be necessary to defray the expenses with confidence that such an assemblage of the representatives of of a !!eneral council of certain Indians in the Indian Territory, as provided by the these Indian tribes cannot fail to be beneficial not only to them, but twel.ftb article of the treaty with t.he Cherokees of .Tnly 19, 1866, the tenth article to :the wild Indian tribes who will be assembled within the limits of of the treaty with the Creeks of June.14, 1866, the seventh article of the treaty that Territory, because it is the policy of the Government to bring with the Seminoles of Mttrch 21, 1866, and the eighth article of the treaty with the Choctaws and Chickasaw! of April 28, 1866, $5,000. them all there in the course of time. Now the amount proposed to be appropriated is trivial. This con- Mr. WELLS, of Missouri. I move in line 1185 to strike out " ·5" gress up to the present time, up to its sixth assemblage, has displayed and insert "1; " so it will read "$1,000." the capacity of these Indians for self-government. They have a Mr. RANDALL. This subject was considered in the committee, and constitution of government somewhat similar to our own, the vari- $5,000 wa.s agreed to. This money is expended in the Indian Terri- ous tribes constituting separate states as it were, and this council tory. Certain representatives of the various Indian tribes met in a enacts legislation upon many subjects common to them all. They congress, a.s it were, to recommend certain laws or regulations which meet together, discuss whatever affects them as individual tribes a.nd shall govern the Indians in that Territory. The amount appropri- whatever concerns their kindred, the Indians scattered over the wide ated 1'1st yea.r was $3,000. The estimate this year was for $7,000 be- wastes of this country from its northern to its southern boundary. cause of increased representation. We heard representatives ou the I do not know any stronger appeal which can be made to Congress one side. and on the other side we heard through the gentleman from for a reasonable appropriation of money, and especially for the small Missouri, who now offers the amendment. After due consideration appropriation here provided, than the fact that these very intelligent the committee agreed. to $5,000, which is $2,000 more than they had Indians are seeking to improve in the science of government of their last year, uut $2,000 less than W:IB deemed adequate by the Depart- own people and the people of other tribes brought into that Territory ment. under their influence. I do not see why we shrsons other than Indians and membf'rR the House as they would receive an expression of the wishes of the of said tribes or nations, the construction of works of internal impruvemunt, antl great majority of the Indian tribes that are represented in council. the common defense and sa' ety of the nations of !laid terr1tory. All laws cnactl's. No law shall be enacted inconsistent with the CunRtitn.tiou of I am glad to hear him raise his voice in behalf of 1hese civilized the United States, or the laws of CongL'es:~, or existing treaty stipulations with tho tribes who are struggling to establish a government of their own, and Unit-ed States, nor shall said conncillegislato upou matters pertaining to tho organ· I tn1st, sir, that in common with myself he represents a Christian izati.on, la.ws, or customs of the sever.U. tribes, except as herein provided for. people-! lHwe no doubt he does-who feel an interest in all efforts, Mr. FRANKLIN. Now, Mr. Chairman, I undertake t.o say that that however humble, of these tribes as they do in those of the common general council baa failed in the object for which it was establi~:~butl, race of mankind to accomplish whatever they may do in progress and and that it not only does not deserve an appropriation of $1,000 but civilization. that it does not deserve an appropriation of one cent at the hands of But, sir, why strike out this appropriation f .I have heard no ob- this Bouse. Listen to me while I read ·from the report of the Com- jection to it heretofore. It ha~ been made I believe every year since missioner of Indian Affairs made in 1875, and bear what he says in the treaty authorized it to be made for a period I think of six years. reference to the consolidated government of the Indians in that Ter- .Mr. FRANKLIN. But why increase it this year 2,000 over what ritory. I read from page 13 : you appropriated last year f Further effort hll8 been nmde by leading men among these different tribes of the ' M:r. HOLMAN. For the reason given by the gentleman from Penn- Indian Tel'l'itory to procure the establishment of a consolidated ~overnment of In- sylvania, [Mr. RANDALL,] which my friend knows is unanswerable, dians by Indians; but it has not ucceeded, and this large population becomes more and that is that the humanizing and elevating influence of this coun- and more helpless under the increasing lawlessness among themselves and the alarming intrusion of outlawed white men. cil has gradually extended to tho more savage tribes of Indians west- ward f om the tenitory of the civilized tribes. It has been our Now, sir, although the Commissioner of Indian Affairs says that policy to throw under thisci vilizing influence of these tribes the wilder there bas been an increase in crime in that Tenitory this council bas Indians within the limits of that same territory, and they are being not enacted one solitary law to suppress it. gradually represented in this council. This council is growing in in- M:r. HOL:MAN. Will my friend allow me to ask him a question f terest and importance, and now it is.proposed that we shall go back Mr. FRANKLIN. Certainly. on this policy instead of advancing on this line of encouraging the Mr. HOLMAN. Has not my friend recently believed that the late Indians in the line of civilization. Commissioner of Indian Affairs was eager to adopt a line of policy Mr. FRANKLIN. Was not this council established for the purpose which would give to two great railroad corporations a strip of land of legislation in that territory and of bringing within its influence twenty miles wide on each side of the ..·oad, which is secured to tlu1m the wilder tribes t Now, I will ask the gentleman if he bas the pro- under the treaty of 1866, as soon as the Government ha.q obtained ceeilings there of the sixth annual council, and I desire him to point control of the landsf Does not my friend believe that the late Com- out to the House where they have enacted a single law of any kind missioner of Indian .A.ffairs was in complicity with a movement to whatsoever f accomplish a purpose which involved millions of money to those two :Mr. HOLMAN. Among the delegates in cotmcillast year there were railroad corporations J represented- 1\fr. FRANKLIN. I will state that I have no rea.Aon to believe that . Creeks: J. R. Moore, 0. Micco, N. B. Moore, P. Porter, D. W. Me- any such state of facts existed a-s the gentleman states. 1876. CONGRESSIONAL RECORD-HOUSE. 3559 Mr. HOLMAN. I think it did. as glorious as it exists to-day. Why, sir, Texas then belonged to Mr. FRANKLIN. Now, I will further state, in reply to the asser- Mexico, Arkansas was a Territory, Missouri did not contain 150,000 tion of the gentleman that there were corporations seeking to grasp inhabitants, and her frontier was the scene of predatory warfare. the lands in this Territory, in vindication of my position that at an Kansas, now with her million of people, with her garden-like farms early day in the session I introduced a. biB, No. 943, which, if adopted by and beautiful cities dotting her grand prairies like jewels in the this House, will tell these Indians thatthelandsshallin no event become crown of a young princess, with her universities and colleges, an1l the property of any corporation, or of anybody else other than the In- her almost thousand miles of railroad, was then the llunting-grouml dians. It will all belong to them-these Indians. Unrler its provisions of the untutored savage. each and every person who is at the time of the passage of the ad a Docs it not become us to meet this question as its magnitude and member of any tribe or nation occupying a reservation in the Territory importance demand ' We shonld throw aside the arts of the dema- of Oklahoma shall be eutitled to one hundred and sixty acres of land. gogue in its consideration. Let each bill introduced here for the or- The bill a,J.so provides that, after the entry and selection of such home- ganization of a territorial government for this Indian country be steads, pa~ents shall be issued therefor, vesting in the partiAs entitled closely scanned and calmly and impartially considered. Let each tllereto a full and complete title in fee simple; and further, sir, the stand or fall according to its own merits. But let us not in the zeal bill requires that the patent shall contain a provision prohibitin~ the of sectional feeling unjustly denounce a just measure. sale or alienation or sale of the same by the patentees or their heirs I know that bills have been introduced here for the organization for a period of twenty years. of Oklahoma Territory that did not deal with the Indians in the spirit And in addition to this, Mr. Chairman, the bill to which I rP.fer di- of equity and good faith, and there may have been the hand of some vides all the balance of the land in the territory among the Indians corporation behind; but I defy those who are declaiming so much therein. It gives the Indians every acre of it. Not one foot of land about the rights of the Indian to point fjo one line or sentence of the is left to be grasped by corporations. bill to which I have referred, and which I had the honortointrodnce There is also a section in the bill which repeals all acts granting for the consideration of this House-let them point to one single line lands in said territory to railroads. For information on this point I or clause that deals unfairly with the Indian. I defy them to do it. will ask that sections 17, 18, 19, 20, and 23 be incorporated in my Now this debate has taken a wide range. Questions have been fn- remarks. jected in this discussion that are somewhat foreign to the amend- They read as follows: ment under consideration. And I a.ssure you, Mr. Chairman, that, had SEc. 17. That the Secretary of the Interior shall cause the lands in said Territory it not been for the remarks of the gentleman from Indiana [Mr. HoL- of Oklahoma to be surveyed; and that each and every person who at the pMsageof 1\fAN] concerning the organization of a territorial ~overnmem for the this act is a member of any tribe or nation, occupying a reservation in said terri- Indian Territory, I should not have digressed in this debate; I should tory, by birth, marriage, or adoption, including adUlts, ~ora, males and females, have confined myself directly to the question at issue. But after the shall be entitled to a llomestead of one hundred and siXty acres of the land em- braced in said reservation of the tribe of which said person is now a member; and remarks that have been made, after the covert insinuations that if in actual possession or occupancy of land, improved or cultivated by him or her, shall have a prior right ro the quarter section upon which such improvements are have been uttered, I have deemed it but justice to myself to thus . briefly notice some of the features of the bill to which I have referred. situated. The homesteads of adults shall be selected by themselves, and those of minors by their respective fathers, if living, and if nott by their mothers or guard- I know it will bear the test of scrutiny; and in the light that the ians. The Secretary shall prescribe the manner in which these selections shall be future will throw upon it, nothing but justice and fair dealing with made, and shall prescribe the rules therefor. All persons entitled t() homestearacticable after the selection and entry of such home- ing to our future commercially, we almost feel that it is the para- steads in manner as aforesaid the Secretary of the Interior shall issue patents there- mount question. • for, vesting in the respective parties entitled thereto a. full and complete title in ft ·o-simple to each of said homesteads so selectetl, including the possessory ri~hts At some future day, at the proper time, and upon the proper occa- of said tribes and the ultimate fee of the United States: Provided, however, That sion, it is my intention to address myself to the consideration of this such patents shall contain a condition prohibiti.ng the alienation or sale of the same question at length, for it is one in which not only the people of my bv the patentees or their heirs for the period of twenty years. own district, but it is one in the proper solution of which the entire ·SEc. 19. That as soon a.~ may be after the passage of this act the Secretary of the Jnterior shall cause to be made an enumeration of all the members of the different country west of the Mississippi feel a. deep concern. tribl!s of Indians now occupying reservations in the Territory of Oklahoma; and [Here the hammer fell.] in making said enumeration each anrl every person entitletl to select a homestead Mr. RANDALL. I do not think that t.he amendment offered bv under the provisions of this act shall be enumerated. He shall then ascertain the the gentleman from Missouri [Mr. WELLS] should be adopted. We number of acres of land in each of said reservations, after deducting therefrom the number of acres subject to be selected as homesteads under the provisions of this should either strike out the entire amount and break up this council act, and the lands reserved for school purposes ; and, under such rules and regu- altogether, or give what is adequate to the payment of the India118 lations as he shall :prescribe, shall cause said lands to be allotted in severalty ro who meet in their representative capacity under treaty stipulations. said members of saJ.d tribes, and in making said allotments due reference shall be The gentleman from Missouri [Mr. FRANKLIN] is mistaken when he haesting in said parties a. full and complete title to the same, including the possessory rights of the Indians, and the ultim.'l.te fee of tho Mr. HOLMAN. There are three different treaty stipulations under United States, and no condition restricting the alienation or sale of said lands shall which the council is held. be contained in said patent, except that any sale made by the patentee shall be sub- Mr. FRANKLIN. There are twenty-five or thirty tribes in the In- ject to the approval of the Secr-etary of the Interior. dian Territory who have not agreed by treaty to any such council • SEC. 23. That all a.cts granting lands in said Territory of Oklahoma to railroads, conditioned upon the extinguishment of the Indian title, be, and the same are being established. If thP.y have agreed to it, I want the gentleman hereby, re-peaTed, and that the lands of any Indian reservation in Raid Territory to point t.o the treaty stipulation. shall rem am the common property of all the Indians rightfully occupying the same, Mr. RANDALL. Here is where the first council was authorized. until such time as said lands shall be selected as homesteadS or allotted in sever· It was authorized first by article 10 of the treaty with the Creeks, alty as hereinbefore provided. and again on the 14th of June, 1866, a further stipulation was made; A fair and impartial examination of its provisions will clearly show and if we are going to pay any respect to this treaty we should give that it mea8ures out full and complete justice to the Indian. It gives them an adequate appropriation to pay for the expenses of the coun- them the whole country. It makes them the largest landed proprie- cil. tol'l:l in the United States. Point me to the State whose citizens own Mr. FRANKLIN. Yon say it is authorized by law. Now I ask you as much land per capita as this bill gives them. if there are not thirty tribes in the Territory, and if it is authorized The condition of affairs there, Mr. Chairman, must soon change. in any treaty with more than four or five tribes f The change will come, and the gentleman from Indiana [Mr. HoL- Mr. RANDALL. These four or five, as I understand it, form the MAN] will not be able to prevent it. AB well might he attempt with original basis of this council, but they are allowed to, or at any rate the motion of his hand to quell the teiTOrs of the tempest. The pub- th.e practice is to bring in representatives of other tribes from time lic mind is awakening to the true solution of this Indian problem. to time. You cannot arrest the tide of civilization and progress in this direc- The fact is, as far as I can see, that this gen~ral council runs conn- tion. ter to the effort to be made to form an Indian Territory there. There What would the gentleman say in addressing himself to this ques- are a portion of the Indians there who desire to have a territorial gov- tion if the Indian Territory occupied the same ~eographical position to ernment with admission as a- Territory and a Delegate on this floor, his State that it does to the State of Missoun' Would he then see just as other Territories are organized. I must therefore ask the in the provisions of every bill introduced here for the organization of House t'ither to strike out the whole appropriation and to break up the Territory of Oklahoma the grasping hand of some corporation f this council and vitiate the terms of the treaty, or else make an ade- Ah, I think not. He would then look at it in its proper light. His quate appropriation to pay the representatives from the Indian voice woulcl be heard here, demanding that this wall of exclusion tribes wllo come to the council under the stipulations of the treaty. surrounding tbis Eden-like land be torn down. Mr. FRANKLIN. I withdraw my amendment. As I havo said before in the cotl.rse of this debate, Mr. Chairman, a Mr. MILLS. I renew it. I hope that the amendment o1fered by new state of affairs presents itself in the discussion of this question. the gentleman from Missouri [Mr. WELLS] will not prevail, and I The condition of the country has greatly changed since those tribes hope that the appropriation will not be stricken out which p't'ovilles wore placed iu this Indian country. T_h e wildest enthusiast. in de- for the continuance of this council, because, sir, this couneil is one of picting the glorious future of his country would not have painted it the means of protection to our people. The Comanche Indians and 3560 CONGRESSIONAL RECORD-HOUSE. JuNE 3, the Kiowa Indians meet with the Choctaws and the Chickasaws and Morinondom twice over in this Indian Territory, and are both of those the Creeks, and all the friendly civilized aBel half-civilized Indians evils to be perpetuated in this Government f in cotmcil together, and I know, for I have personaHy conferred with I say that the soonerthis Government adopts the policy of making those gentlemen, that they_do continually exercise persuasive power territorial governments for the Indians, placin~ them under the juris- with the Comanches to keep them from outrages and from predatory diction of Congress, the better it will be for tne Indian and for the warfare upon onr borders. • Government. This system of things cannot last always as it is. No Now, sir, we have .to keep troops on the confines of the 1\Iexican one will contend that that Territory shall be forever inhabited by border to keep the peace. It is the young Comanche and Kiowa war- Indians, with a so-called government, antagonistic to ours, reared in riors who violate the treaties against the perst1asions of the older the very heart of this colllltry. men of the tribes. The gentleman from Indiana [Mr. HoLMAN] says that these great Mr. FRANKLIN. These are the ones yon want to put upon the railroad corporations will be benefited by the establishment of a ter- borders of Missouri. ritorial government for the Indians. Congress can pass such laws as Mr. MILLS. The gentleman did not listen to me yesterday. I will prevent that; can establish a territorial government for the In- stated to the Honse that it was proved from history of the paat that dians and keep them under our jurisdiction. That must of necessity these tribes have a special enmity against the people of Texas, and be done sooner or later, and the sooner it is done the better it will be against them alone, not against the people of Mi so uri and Arkansas, for the Indians and for us, not only in respect to these tribes, but in and I call upon the gentleman to st.ate if he knows of a single solitary respect to all the Indian tribes. instance where a scalp has been taken in his State f We will have to come to such a policy at last, for it is the only Mr. FRANKLIN. When the Indian meets the white man in battle policy that will keep peace in this country between the Indians and he does not hold up his hair before scalping him and take time to ask the whites; it is the only policy that we can pursue in good fait.h to- him whether he is from Texas or Missouri. I know to be a Mis- ward the Indians; because, however many treaties we make with sourinn is a great honor, but this is the fhst time I ever heard that it them, as for instance we have made with the Black IIill Indians anu shielded any one from th~ scalping-knife of the wild Comanche. with other Indians, we will break them as soon as it becomes to onr 'Mr. MILLS. No; but the Indian in Texas finds the white man on interest to break them, or the Indians will break thorn as soon as the eoil which he holds belonged to his fathers. they think it is for t.heir interest to do so. ·Hence it is that the only Mr. FRANKLIN. His hatred extends to the whole white race, and good faith we can show toward the whites and the Indians is to es- not to the people of Texaa alone. tablish territorial governments over the Indians and govern them as Mr. MILLS. Has the Indian killed any of your people in Mis- we do other people in this country. sourif This amendment may look to that end or it may not ; I care not Mr. FRANKLIN. No; because he cannot get there. for that pa.rticularly, as it is for a small amount. Still if we are to Mr. MILLS. And we want to keep him from coming into Texaa. appropriate money for their councils to carry on their territorial gov- Mr. FRANKLIN. We do not intend that you shall place him on ernments, why should we not place them under our jurisdiction; why the .border of Missouri. not impose upon them some obligation to this Government ; why not Mr. MILLS. But the gentleman is carrying me away from this require that their laws, if they make any, shall be subject to our question. The amendments provide that one of the auxiliaries for revision, as the laws of other Territories are f the civilization of the Indians and the protection of the white people . [Here the hammer fell.] shall be taken away from 11t11 and I oppose it as I would oppose the Mr. MILLS. I withdraw the amendment to the amendment. taking nway of the troops that gnar50; for Da.kota, $2,816; for Ida.ho, $1,751; .Montana., $1, OG. wonld cost very much more than this, and some of whom are aided li'or Nevada. there is nothing charged. For New Mexico it is $2,918 in processes of education. for advertising; for Utah, 1,952; for Wyoming, $1,6tH. Mr. LUTTRELL. I rise to oppose the amendment. In my district Now, I declare here to this House that this is an extravagant ex- there are two occupied Indian reservations. When the gentleman penditure of money, and I do not see why this advert.ising for the says there are seven or eight thousand Indians there, he is very much Government shoul5 to pay this claim. Bttt owjng to t.be wording of of the Secretary of the Interior, $5,000. the paragraph whiCh was in these words: "for payment to the North Mr. HOLMAN. That is certainly not in order. Carolina Cherokee, $3,503.65," instead of the parties being named to Mr. PHILLIPS, of Kansas. I hope the gentleman will not make whom the money is to go, the Secretary declined to make the pay- the point of order. · meuts. I hold in my hand a letter from Hon. John Q. Smith, which Mr. HOLMAN. 0! it is certainly not necessary, and is out of onler. shows the necessity of ~-appropriating the money which was actually As a private enterprise it might do very well, but it is not a matter appropriated by the Forty-third Congress. I wjll ask the Clerk to for the Government. - . read it. Mr. PHILLIPS, of Kansas. It is a shame that we cannot go back The Clerk read a.Sfollows: with the history of our country more than two hundred .and thirty DEP ARTHENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS, years. These lansnages are pe1·ishing every day, and this is the only Washington, D. 0., May 16, 1876. means of preservmg them, and I hope the gentleman will not insist Sm: I have the honor to acknowledge the receipt of your letter of the 3d instant npon his point of order. in which you state, in reply to a communication from this Office. bearing the same The CHAIRMAN. Is the point of order made f date, that you do not feel authorized to disturb the decision of ,your predecessor )fr. PHILLIPS, of Kansas. Does the gentleman insist on the point made April 5, 1875, relative ~o the applica.bil_ity of the appropriation of $3,503.65 "tor payment to North Carolina Cherokees," m the deficiency act of June 2-2 11!74 of order! (18 Statutes, 144,) anrl, in compliance with your recommendation, to submit the fol~ Mr. HOLMAN. Why, certainly I mnst insist upon it. There is no lowin,!! statement of facts showing the objects for which the saicl amount was esti- treaty providing for it and no law authorizing it. mated by this Bureau for presentation to Congress, with a. view to further le!!'islation. Mr. PHILLIPS, of Kansaa. It has been the custom of the Depart- In 1869 S. H. Swetland, now deceased, was appointed special agent of tb.i8 Bureau to make per capita payments to the North Carolina. Cherokee Indians under the act ment for years past to expend money for this purpose. of July 29, 1848. (9 Statutes, page:t 264, 265.) Mr. HOLMAN. The Government :p.as nothing to do with such At the time this appointment waa made no funds had been appropriated, nor matters. were there any at the disposal of the Department applicable to the payment of the exp~nse~ inC?i~ent ~ t~ll! special agency. It appears, however, that Mr. Swetland, Mr. PHILLIPS, of Kansas. The gentleman knows that it has been haVlng signified his Willingness to defray these expenses out of his own resources done for many years. and r~1y npon Congress to re-imburse him for his outlay, proceeded upon the dutieS Mr. HOLMAN. It wonld be of no possible value to any one. to whiCh be was assigned. The CHAIRMAN. The Chair thinks that the amendment is in or- Upon examination of his account, the discovery was made that he used a portion of the money placed in his bands for the Indians in part payment of his expenses der, as it does not change existing law. aUli,OCO. against the faith,) but that is not a reason why we should be careless The amendment was not agreed to. now. On the contrary. The Clerk read the following: Suppose a man steals a horse; I am not bonnd to follow up the For incidental expenses of the Indian service in the following States and Terri- example and steal another horse. We bought the Schoolcraft books tories, namely: In Arizona, $16,000; California., $10,000; Colorado Territory, $3,000; ] 876. CONGRESSIONAL RECO~D-HOUSE. 3567 Dakot.a. Territ()ry, $5 000; Idaho Territory, $3,000; Montana Territory, $5,000; Wabhington Tcnitocy, 5,000; Wyoming Territory, $1 500; N?vad~ Territory, ~ 000; 'l'erritory of New Mexico, 10,000; Oregon, IO,ood; Utah Temtory, $5,COO; in ' all, $78 500: Provided, Tllat .none of the appropriations herein or hereafter made under th~ head of incidental expenses of the Indian service shall be expended in payment of employes m said service, but the same shall be used for annuity goods, subsistence, agricultural implements, for educational purposes, and incidental trans- portation, and for no other purposes. Mr. PAGE. I notice that this paragraph appropriates $5,000 for "Nevada Territory.'' Mr. RANDALL. That is a mistake; it should be "Nevada." The CHAIRMAN. If there be no objection, the word '' Territory" after " Nevada." will be stricken out. There wa.a no objection, and it was so ordered. Mr. RANDALL. I have several ameudments to offer to this para- graph, and I suppose the question can be taken upon them all at once. I move to increase the appropriation for Arizona from $16,000 to. 20,000; for California; from $10,000 to 30,000; for New Mexico, from 10,000 to $15,000; and for Utah, from $5,000 to $10,000. I ah;o move to amend the proviso by inserting after the words "educational purposes" the words "for repairs of saw and flour mills.'' Mr. FOSTER. You do not include anything but millsT Mr. RANDALL. I give them the discretion of expending any of this money for repairs of saw and flour mills. Mr. FOSTER. Not for building new mills f Mr. RAND~.\LL. No new mills. Mr..FOSTER. Why not make it read "for repairs of old build- ings T" Mr. RANDALL. It is necessary to increase these amounts, because of official information which I have received within a few days from the Bureau. Mr. FOSTER. Why not include all agency buildings f Mr. RANDALL. I will modify it so as to read, "for repairs of saw and flour mills and other agency buildings." Mr. FOSTER. That will cover a dam, will it not f 3568 CONGRESSIONAL RECORD-HOUSE. JuNE 3, year before, but I believe the schools failed last year for want of a Mr. KASSON. I rose to make the point of order on the amendment sul.licient amount. at the time it was first o:ftered. I shall not iusi::~t on the point of order I ask that the education of these people be kept up. I believe they if the gentleman from Massachusetts will confine the amendment to are capable of receiving education. I do not ask for the Navajoes, the white men. But I know there are many cases whe.re bunters and the Apaches, the Utes, or any other like Indians of my ~ountry, but others on the plains form regular marriages with Indian ·women. I merely ask it for these Pueblo Indiana, who me deserving of a great do not care about the prohibition of the issue of rations to white men, deal of consideration on the part of the Government, as they have but to refuse them to Indian women and helpless children is some- never given us the least trouble. They do not rob or steal. They thing I cannot assent to. · are peaceable. Ouly three persons were presented for crime in twenty- Mr. RANDALL. I wish to say to the gentleman from Massachu- five years. Such is the history of that people. Property and life are setts that so far as I am concerned I do not object to the pmpose of aa safe in their villages as in this city. I think it is the duty of the this amendment at all. Government to educate them. There are twenty pueblos, and my Mr. MAGINNIS. In regard to the point of order, I will say that if amendment allows $500 to each pueblo, which I believe will keep a this is new legisation, it is certainly in the line of retrenchment and school going for about seven months in the year. I hope there will reform. be no objection to the adoption of my amendment. Mr. SEELYE. It is certainly in the line of retrenchment. In ref- Mr. RANDALL. How much waa approprio.ted last yearf erence to the suggestion of the gentleman from Iowa, I would say that Mr. ELKINS. I do not know how much. it leaves the whole difficulty as it was before. The amendment Mr. RANDALL. I do not think any was appropriat.ed. amounts to nothing unless it includes the women and children. If Mr. ELKINS. I was told by the Commissioner there was something there are honea~ cases like those referred to by the gentleman from appropriated, but not a sufficient amount to carry the schools on Iowa, the hunters and others of whom he speaks are able. to support during the year. the women and children. Mr. RANDALL. It is not embraced in any incidental expense, Mr. LUTTRELL. I hope this amendment will prevail. and there baa been no estimate for it. They were not in any of the The CHAIRMAN. The merits of the amendment are not now be- incidentals, for J have them here. fore the committee. The gentleman from Iowa raises a point of order. Mr. ELKINS. I can say this to the gentleman that the schools Is it that the amendment contravenes Rule 120f were not kept up, but stopped in the middle of the year from the Mr. KASSON. I refer to a part of the amendment. I ask to have land they of course were entitled to their pro rata sha.r e of the The motion was agreed to; and, by unanimous consent, the Presi- funds of the tribe, leaving the balance to be held by the M.iamies as dent Jn'O tmnpm·e was authorized to appoint the conferees on the part a nation or as a tribe in their tribal capacity. Of course, the portion of the Senate. that is not paidovertothethirty-fourwho havecl)ilcluded to become The PRESIDENT pro te-mpore appointed M:s. SARGENT, Mr. HoWE, citizens would etill remain subject to the disposition of the Secretary -and Mr. BOGY. of the Interior, to be applied in the usual way, but the statute pro- COMMON UNIT OF MONEY AND ACCOUNTS. vides that the remainder of the Miami tribe can become citizenized, and\whenever they do so, they will be entitled to withdraw their pro- Mr. SHERMAN: I move that tbe Senate proceed to the considera- portionate share of the tribal assets and funds. tion of the concurrent resolution proposing a common unit of money Mr. EDMUNDS. Where are these Indians located T and accounts for the United States of America and the United King- Mr. INGALLS. In the Indian Territory. Those who have become dom of Great Britain and Ireland. citizenized are residing in Kansas, in the county of Miami. The motion waa agreed to; all(l the Senate proceeded to consider Mr. EDMUNDS. Why should the Ullited States continue to pay the concurrent resolution. to each of these tribes annuities after a portion of this money has The Committee on Finance reported the concurrent resolution with been paid out' amendments. Mr. INGALLS. Simply because the annuities are due to all those The first amendment was in line 5, to strike out the words "foJlow- who have not citizenized; it does not affect those who continue in ing basis, namely," a,nd insert'' general basis herein stated, but sub- their tribal relations. They are still entitled to annuities; they are ject to such modifications as may be agreed upon between the con- still entitled to the general provisions of the agreements that have tracting parties." · heretofore been made. The amendment was agreed to. Mr. EDMUNDS. The Senator understands this Ito mean, then, sim- The next amendment was after the words "legal tender," in the ply that the income of the balance that is left after paying this fifty- :fifth line of the fourth clause, to strike out the words" or circulate odd thousand dollars is to continue to be paid to the Indians f as money," and to add as a :fifth paragraph the following: Mr. INGALLS. That is all. There is no provision for any appro- 5. The action of the convention shall take effect when approved by the respective priation out of the Treasury to pay these different sums. parties theret{), and when laws shall have been passed by the respective couutries Mr. EDMUNDS. As far a.s I am concerned on this examination, I to carry it into effect. shall hav:e to take it, as !'ought to do, on the inspection of the Com- 'l'he amendment was agreecl to. 3578 CONGRESSIONAL RECORD-SENATE. JUNE 5, The resolution, aa amended, reads: Mr. SHERMAN. We take the pound, and one-fifth of the pound Concurrent r esolution proposing a. common unit of money and accounts for the will make a dollar. They change their alloy so as t.o adopt our alloy, United States of America and the United Kingdom of Great Britain and Ire- the metrical system of alloy, nine-tenths fine, one-tenth alloy. They land. will have to change somewhat their coin, and we shall have to change Whereas the magnitude of the transactions in commerce and the intimate social ours. relations between the people of the United States and of Great Britain and Ireland combine to recommend the importance of uniformity in the gold coins and moneys of Mr. HOWE. Shall we have to increase the value of our coin ! account of the respective countries; and whereas, in existing circumstances, a. Mr. SHERMAN. No; reduce it. The Senate will see that the pres- change in the st.a.n dard of the gold eoins of the United Sta.tes could be introduced ent pollnd sterling is $4.86 -fo, and $5 would be the new basis. But, without serious inconvenience, and the United States are -,villing to make such change, to the end of securing such uniformity : Therefore, after all, I wish simply to say that this is a resolution inviting n~go­ Rei;otvcd by the Senate, (the H01J,IIe of Representa,tives concurring,) That the Presi- tiation; and if it results in what we hope it may result in, success, as dent be requested t.o propose a convention between the United States and her Maj. a matter of course it will be a great progress in promoting the com- esty the Queen of Great Britain and Ireland, having for its objoot to secure mii.. m~rce between not only these two nations, but all nations. If it fails, forinity in the coins and moneys of account of the respective countries on the gen- eral basis herein stated, but subject to such modifications as may be agreed upon we are no worse off. So the Committee on Finance directed me to between the contracting parties: make this mport. However, if any Senator wishes to examine into it 1. The money of account in each country shall be tho dollar, which shall be rep- and will look into the reasons, let me say that there is a printed doc- resented by a coin formed of standard gol3, whereof tho pure metal shall be nine- ument here; and if the resolution goes over to-day, I call the atten- tenths parts and the alloy one-tenth part, which alloy shall be of copper, or of copper and silver, the silver not to exceed one-tenth of the alloy. The weight of tion of Senators to it so that there may be no delay when I call it up the dollar of such standard gold shall be twenty-five grains and one-ninth of a grain again. There is a printed document, Miscellaneous Document No. 39; troy-, and shall contain twenty-two grains and sixth-tenths of a grnin troy in pure that gives fully the reasons for adopting this proposition. If anybody gold. Gold coins of two and one-half, five, ten, and twenty dollars, proportioned in wants to study it, or if my friend from Vermont wants to study it, I m weight., may also be issued, of like standard; and the convention shall provide what variations may be allowed from the exact standard of weight and fineness have no objection to its going over. for such g;old coins. Mr. MORRILL, of Vermont. I only desire to suggest that this is 2. Subsidiary coins of silver, copper, or alloys of base metal may be issued within so important a subject that it ought to receive a full discus ion, so CMh country, of such standard and weight as may be provided by their respective that the Senate may fully understand it. My only willingness to have laws, and representing cents or hundredths parts of a dollar, and other convenient decimal subdivisions thereof. it acted on a.t all results from a belief. that Great Britain never will 3. All accounts, representing transactions to be settled in coin, shall be kept in consent to any treaty of the sort; but at the same time I can conceive dollars and cents, or fractional parts of a cent. Sterling money shall be converted that if it is to be acted upon, it will make necessary a con iderable into dollar money by computing the pound sterling as equivalent to five dollars, change in all of our laws in regard to legal-tender and the currency. the shilling to twenty-five cents, the sixpence to twelve and one-half cents, the penny to two cent-s, and the farthing to one-half cent. Besides, this proposes to net by means of a treaty; a,nd then when the 4. An snch gold coins conformed to standard, within tbe allowed limits of varia- result comes before us in the form of a treaty, it will be claimetl th t tion., shall be ale~ tender within each country for debts and obligations payable in the House of Representatives are bound to act, whether they are in golncoin, excepting such as may have been incUITcd within the United States pay- favor of the treaty or not. ablein gold coins of a former at.'\ndard. The coins subsidiary to the dollar shall not be a. legal tender beyond the limits of the country within which they aro issued. Mr. SHERMAN. My friend knows very well that we put another 5. Tlie action of the convention shall take effect when approved by the respective clause on the resolution for the very purpose of obviating that diffi- parties thereto, and when laws shall have boon passed by the respective countries culty, the Committee on Finance amending it by adding: to carry it into effect The action of the convention shall take effect when approved by the respective Mr. MORRILL, of Vermont. Mr. President, this is rather too im- parties thereto, and when la.ws shall have boon passed by the respective countries portant a measure to paas without a discussion that shall let the Sen- to carry it into effect. ate know precisely what is pending. It seems to me that it is alto- Mr. MORRILL, of Vermont. I know that that was put in, and it gether too important a mea~ure to be passed in the morning hour. was put into theHawaiian treaty in the same manner; and yet when AB I understand it, it proposes a negotiation to make the dollar a that treaty came before the otbm· Hou.se it was argued that the House unit, and to reduce the value of the dollar at least 3 per cent. in wM bound to carry it into effect. order to get it upon a level with the currency of Great Britain. I do Now, I cannot say that I have examined this subject enough to dis- · not know but that that may be wise~ but it seems to me that it will cuss it as it ought to be discussed, hut I am very clea1· that it is a hereafter make necessary some very importn.nt changes in our laws measure which ought not to bo passed in the morning hoUl'. · There in relation to our currency and legal-tenders. While this resolution ought to be sufficient time taken so that all Senators may fully under- of course does not do anything more than n.uthorize a negotiation, stand it. the result of which may be accepted or rejected hereafter, at the Mr. SHERMAN. AB to pa.ssiug it in the morning hour, it is obvi- same time I think it is of sufficient importance to command the at- ous that a measure of this kind can only pass i.J;l the morning hour. tention of the Senate long enough to enable them to understand pre- I have no objection to letting it go over, because the attention of tl!o cisely whn.t is intended. Senate has now been called to it, and I am sure every Senator, when be .Mr. SHERMAN. Mr. President, if the Senator from Vermont or bas examined it, will be satisfied. Let it go over, and I will call it any other Senator desires delay on this resolution, I certainly shall up at the first morning hour when there is leisure. There is no time not ask action this morning; but there is no proposition before us to paa8 resolutions of this kind except in the morning hour. If the that has been more carefully considered and more fully matured. It Senator wishes it to go over, I shall let it go over now. was introduced at the beginning of the present session ; it is recom- Mr. MORRILL, of Vermont. Let it go over now. mended by the Treasury Department; and the report ou which it is Mr. SHERMAN. Let it be postponed, but I give notice that 1 will based was prepared by the officers of the Mint and after full corre- call it up at an early day, when the Senat.e shall be somewhat at / spondence not only with officers in this country but in other coun- leisure. tries, especially in England. It is based upon a printed report which The PRESIDENT pro tentpOJ·e. The resolution will be postponed. is upon your files ; it was considered by the Committee on Finance, and reported back on the 25th of April, 1876. The entire scope CHARLES B. PHILLIPS, of it is to invite a. negotiation with Great Britain to so change our Mr. MITCHELL. I move that the Senate proceed to the consider- dollar that our dollar will be one-fifth of a pound sterling, and ation of Senate bill No. 720. that England will adopt our dollar as the common unit of account The motion waa agreed to; and the bill (S. No. 720) for the relief of between this country and Great Britain. That is all there is of it. Charles B. Phillips was read the second time, and considered a-s in It necessarily involves a change somewhat of the coinage of En- Committee of the Whole. It provides for the payment to Charles B. gland, because they would have to alter the fineness of theh coin ft·om Phillips of $1,000, in full satisfaction·of his claim against the United eleven-twelfths to nine-tenths, the alloy in their coin being one- States for one-half of the interest of D. G. Fowler in the wharf-boat twelfth instead of one-tenth as in ours, and we should have somewhat D. G. Fowler, which, upon the information of Phillips, was, on the 2d to reduce the value of our coin. As a matter of course this will only o.f March, 1863, by a decree of the Ynited States district court for the take e:ftect first after negotiation, and then after laws have been southern district of Illinois, declared to be forfeited to the United passed by each country to carry it into effect. So it cannot take ef- States under the act approved the 6th of August, 1861; but this is to fect for two or three or four years. First there must be negotiation, be in full of all claim of Phillips by reason of thl3 proceedings of for- and then Congress must act upon it hereafter; and then the Parlia- feiture in such case. · ment of Great Britain must act on it. So, after all, this is only the The bill Wll6 reported to t~ Senate without amendment, ordered opening of a negotiation that, if successful-of which I have some to be engrossed for a third reading, read the third time, and passed. doubt, because I do not know whether Great Britain will assent to it or not-will make one of the most important progresses on this sub- PETERS & REED. ject probably in the modern history of nations. That is, it will as- Mr. NORWOOD. I move to take up the bill (H. R. No. 2287) for similate the coins of America and Great Britain, so that they will be the relief of Peters & Reed, naval contractors at Norfolk navy-yard convertible one into the other, so that $5 will be one pound; ancl in the year 1860, upon which I do not think there will be any contro- then the assimilation that has already been brought about between the versy. . coins of France and the coins of Great Britain is now so near that a The motion was agreed to; and the Senate, aa in Committee of the very slight change in the French coin-the basis of the treaty be- Whole, proceeded to consider t.he bill, by which the Secretary of the tween what are called the Latin powers-would make the coins of Navy is directed to cause to be paid to Peters & Reed the balances all commercial nations easily interchangeable one with the other, so due them for labor done and material furnished at the Norfolk navy- that five francs woulcl be $1, and $5 one pound. yard in 1860, upon the contracts with them personally, and the bal- Mr. HOWE. How do you propo e to make that assimilatiOn? By ances due them as tbe attorneys in fact of the contractors, John E. increasing the value of the dollar or retlucing the value of the pound 1 McWillia.llliS and F. W. Parmenter, in that ~avy-yard during the same 1876. CONGRESSIONAL RECORD-SENATE. 3579 time, amounting in the aggregate to $15,170.89, a.s certified by the on tbe 1st day of J:muary, 1861, on contracts mads in 1859 and 1860, the sum of engineer in charge· and approved by the commandant in June 1860. $15,170.89, and further find that this sum remains unpaid. This indebtedness existed prior to the rebellion. While the claimants took no Mr. BOUTWELL. Is there a. report with that bill t part in the rebellion and voted against the ordinance of secession, it is not claimed Mr. NORWOOD. There is a report. that they were free from sympathy in the rebellion; yet, as this claim bad been Mr. BOUTWELL. Let it be read. recognized by the executive and legislative departments of the G1:Jvernment, and The Secretary read the following report, submitted by Mr. JoHN in view of the policy adopted by Congress in making payment of the claims of the census-takers of 1860, your committee recommend thll payment of the claim. Your ROBBINS from the Committee on Naval Affairs of the House of Rep- committee deem it the better policy to pay individual clllims wen sustained in fact resentatives on February 25, 1876: · and esuity than pass a general law at the present time which shall admit a whole class 11T6spective of the merits of the several oases in the class. The Committee on Naval Affairs, to whom was referred the petition for the relief of P eters & Reed, naval contractors a.tthe N1,1rfolknavy-yardrn the year1860, have Mr. BOUTWELL. I do not know whether it is worth while to ob- had the same under consideration, with the papers and vouchers in the case, and ject; but it seems to me that this report is defective in not showing report: the basis, especially in rega,r d to the contract :first mentioned, for the That the Chief of the Bureau of Yards and Docks replied to a letter addressed to him by Hon. M. H. DUNNELL, a member of the Committee on Naval Affairs in result urged in the bill. I do not see from the report how the Navy the Forty-third Congress, as follows: · Department or the committee reached a conclusion that any certain BUREAU OF YARDS AND DOCKS, NAVY DEPARTMENT, sum was due to the contractor. That iB my impression from hearing Washington, D. 0., February 9, 1874. the report read. Sm: The Bureau baa the honor to acknowledge the receipt of your letter of the · Mr. NORWOOD. If the Senator will allow me, from the data, aa 24th ultimo, inclosing certain pers, and asking information in reference to the shown there in the Bureau of Construction, they find the amount of Claim of Peters & Reed, as attorney for F. W.ParmenterandJohnE. McWilliams, the contract, they find the amount paid, they find the balance due, contractors for work at Norfolk navy-yard. The r emote period at which this claim originated, and the incompleteness of the and they find that balance to correspond exactly with the bill ren- teoorin in 1862 the building was destrored. I suppose that the con- lams or his attorney. On the 26th of .August, 1859, a contract was made by the Bureau with F. W. Par- tractors furnished the evidence, or at least they furnished their claim menter, of Troy, New York, as principal, and Sidney D. Roberts and Julius H. to the Department and they furnished a corresponding one te the Kroehl, both of New York, as sureties, for the construction, erection, and comple- committee; but there does not seem to have been any means of ascer.. tion of an iron roof to the said victualing establishment. The sum to be paid for taining whether something wa.s due to them or not. this roof was $18,000, t.o be paid to F. W. Parmenter or his attorney. • In both cases Peters & Reed were recognized as the agents anu attorneys of the Mr. NORWOOD. The report refers to sworn vouchers. Contracting parties. Mr. BOUTWELL. But how were the vouchers made if there was With regard to the payments made on McWilliams's contr-Mt, it appears from no account in the Department previous to the war of the quantity of the records of the Bureau that bills to the amount of $13,308.25 were made and paid, except a reservation of $2,661.65, and subsequently one-half of this reservation, bricks laid' 'l'he building was destroyed when the Government came $1,330.83, was paid. There is no evidence on the files of the Bureau that the bills into the possession of the property. There certainly is no evidence for $2,758.73, 2,266.63, or the ~servation, $1,330.83, have ever been paid. a.s to the amount of work done. The aggregate amount of McWilliams's contract is not stated. the price being Mr. NORWOOD. It is stated distinctly in the report that the flO J?Br thousand for laying the bricks, while the number is not stated; nor i.~ there sworn vouchers correspond with the records of the Bureau. How any 1nformation in the Bureau by which it could be ascertained, as all the books and papers in the yard were destroyed when the navy-yard was burned. they got their information I do not know. The only payments on Parmenter's contract for the roof on record in the Bureau The PRESIDENT p1·o tempore. The morning hour has expired. are one of 7,200 and one of $3,600, making $10,800, and leaving a balance of $7,200 :Mr. NORWOOD. I ask for an extension of time. to make the 18,000. It also appears from the records of the Bureau that the bill of 777.99 and one of Mr. BOUTWELL. I think that this hill had better go over. I do $175, both for extra work on the roof, were authorized by the Bureau to be paid not know that I have any objection to it, but there does not seem to but.there is no evidence that either of these last f.hree bills were paid. be a clear claim against the Government. The bill for $661.71, in favor of Petex:s & Reed, for brick~ , is noticed on the books of the Bureau, but there is no evidence of it having been paid. LEGISLATIVE, ETC., APPROPRIATION BILL. In Februru:-y, 1860, t-h e appropriation for this work was exhausted, and the oon- tra{}Lors, through the commandant, ap_P,lied for permission to go on and complete The Senate, as in Committee of the Whole, resumed the considera- their work, and wait for payment until Congress should make appropriations to tion of the bill (H. R. No. 2571) making appropriations for the legis- pay their bil1s. To this the Bureau interposed no objection, and the parties pro- lative, executive, and judicial expenses of the Government for the ceeded with the work and completed their contracts in a satisfactory manner. year ending June 30, 11:377, and for other purposes. In the annual report of 1860 the Bureau asked for an appropriation to pay out- staDfling liabilities on a{}count of the viotnalin~ establishment and to complete the The readmg of the bill was resumed. building; the appropriation was made on the 21st of February, 1861·, for payment The next amendment of the Committee on Appropriations was in of liabilities and completing the buildinl of the basement and five upper stories of the fire-proof buildin~. and the entire Office. of heatm_g tbe same, on the corner of Twelfth street and Pennsylvania avenue if All other buildin_gs of which I have been able to bear are either not available th~ sam~ can be obtained upon terms to be approved by the Secretary of the in- too 8mall to accommodate the entire force. not fire-proof, or cut uu into small room 3: teriOr, $:..0,000. The Se;aton House being not ~-proof, and cut up into small rooms, necessitates For the expenses of removal of the office from the Seaton House, and expense of t.be keepm_g of f.he files upon the lower floor so far as that is possible and necessi- fitting up the rooms of the new office, $10,000. !"'\.ting. by th~ se~aration ?f the "examiner from his papers great additional labor m varwus directions. while the small rooms render it impossible to pruperl:v over- Mr. HAMLIN. My attention has been called to this matter, I will see and operate tbe force of the Office. · state very frankly, by the owner of the Seaton House. The owner T~e new Sbephery. He Mr. MORRILL, of Maine. That probably is the statement. On says it can be done at a comparatively small expense. The $20,000 the question to which the Senator from Virginia refers, it may be rental proposed by the Senator from Vermont for the Shepherd build- within his recollection that when this bill was before the Committee ing represents a building worth 300,000. Why is it that the Govern- on Appropriations this subject was brought to the attention of the ment onnnot-it has land enough here-put up a fire-proof building committee, and a communication from the Secretary of the Interior sufficient to accommodate the Pension Bureau nnd save the money alluded to it in this way : proposed to be paid out here at the rate of $20,000 a yearY In my judgment the present buildings occupied by the Pension Office are utterly Mr. MORRILL, of Vermont. Will the Senator from Texas allow unsafe and unfit for the safe-keeping of such important files as belong to the Bu· me to explain on that point t roo.n. Mr. HAMILTON. Certainly. But it will be seen that the Committee on Appropriations, although Mr. MORRILL, of Vermont, Two or three years ago the Commit- they had a knowledge of the fact th.'l>t some rent must be provided tee on Public Buildings and Grounds reported a bill to authoriz~ the for this service, were not well ad vised as to what to do, and therefore extension of the building on Judiciary Square, which involved an ex- put in this provision for the payment of a rent of $10,000, which was penditure of about $150,000 or $160,000, by which the Pension Bureau understood to be what the Government had been paying theretofore, was to have been accommodated ; and then it Wa;B stated as dis- and then providing that if t.he Secretary of the Interior can procure tinctly and prominently as that the Seaton House was unsafe for the a fire-proof building of suitable accommodations for a rent not ex- public archives a~ it has been to-£1ay. Further than that, the Com- ceeding that now paid for the Sen.ton House, he shall rent it. That mittee on Finnnce reported a bill a year or more ago in favor of tak- was placed in the bill on the information we had ; and then we took ing the Freedman's Bank for this very purpose at an expenditure of the precaution, as I hnve already stated, to advise the Senator from ~lOO,OOO. And yet the first proposition for Judiciary Square was Vermont, the ch~irman of the Committee on Public Buildings and rejected in committee of conference, I think. I know it passed this Grounds, that that subject should be examined with reference to pro- body on an appropriation bill, but was rejected elsewhere, so that it viding some place for the removal of these documents and records in did not finally become a law. The other bill, I think, was never harmony with -#;he views of the Secretary of the Interior; and the acted on. amendment now under considemtion proposed by him is the result, Mr. HAMILTON. That may be so. I do not recollect anything I understand, of that movement. about it. But the Government has gone along, according to t.he Sen- Mr. WHYTE. May I ask the chairman how much annually is pn.id ator, for three or four years risking these archives in that building, for the rent of the Seaton House ! I see $10,000 is appropriated for perfectly contenu with it until another building is finished that a man the use of the Pension Office and the Bureau of Education. wants to rent. That is at the 9ottom of it, and that is the whole of Mr. SARGENT. The communication of the Secretary of the In- it. If the1·e was no such building here, we should not hear anything terior states that the rent proper of the Seaton House is 10,000; for at all about this ; the archives might lie a.s they are. I do not know the upper floors of the building adjoining on the west, used for the that it would hurt anybody ba-dly if the nrchives were ruined. They same purpose, $2,500; for the building on the east, $1,500 ; and then are not very important to the Government ; they are less_so perhaps for necessary repairs, 2,000; making $16,000. Of course a new than those of any other office in the Government without exception. building would get rid of the repairs. Mr. MORRILL of Vermont. That is a great mistake. Mr. WHYTE. The appropriation is only $10,000. Mr. HAMILTON. No, I am not mistaken n.bout that. As the Sen- Mr. SARGENT. I know. It was put in because we had not the ator suggests, it would be infinitely better to take the Freedman's specific information and could not get it. In addition to the rent, I Bank. That is a very good building, and I suppose, as the thing is understand that the heating of it costs $4,000 or $5,000, and that item going, the Government will have to tnke it anyhow. It looks that and the running the elevator are included within the payment way to me. The bank is broken down, and something must be done. proposed for this new building; and ihat being done, we are able to There is also a good deal of land adjoining the bank buHding on which assent to the reductic1n which the House propbSe of $5,000 in the gen- to put up any other buildings the Government may want. You are eral appropriation for fuel and lights ; so that the difference i~ really renting a building now to accommodate the Educational Bureau, in 1,000 in favor of the Government instead of there being an a-ddi- which the pension agent for the city h:JB I do not know how many tional expense. rooms at the public expense. There is not another pension agent in Mr. WHYTE. Except that it will cost $10,000 to remove the Pen- the Union that is furnished with rooms, furniture, stationery, and sion office to the new building. stamps, and I do not know what else, at the public expense. The Mr. SARGENT. It will cost that to remove it anywhere. Government is renting more buildings here, in my opinion, than it Mr. WHYTE. Making an appropriation of $30,000 for the first year has any use for; and this thing is growing everyyear. Yearby year for the Shepherd building. it comes to be a settled thing; so that there will be an·estimate for Mr. WITHERS. The report of the Commissioner says: $.100,000 or $400,000 a year after a while to pay the rent of build- The four years' loose under which the building has been held expired on the lOth ings. • day o£ Au~ust la.st, and it is now retained under a condition of the lease which pro- I hope this amendment will be refused by the Senate, and let the vides for rorther occupancy from year to year, as may be necessary, at the same Government look around and see what arrangement can be made for yearly rental ($10,000) as is therein provided. The adjacent buidirigs, rented by the Pension Bureau between this and the meeting of the next session, the Department at an annual rental of $4,000, in order to supply the demand for nec· essary space, are open to the same objeot.jon as the Seaton House. Effort was made and sa.ve your 20,000 a year. It is too much to pay for a building before the expiration of the four ye..'U's to rent a more snitablo building, but none here for that Office. There is no doubt about that, and I suppose it :fire-proof and of sufficient capacity could be secured. It is e..'\rnestly desired th'l>t would not be paid at all :(or this proposed building if it did not belong Congress be again urged to provide for a building better adapted for the purpoaes to the party to whom it ~s. . of n. public office. Mr. WHYTE. I should like to ask the chairman of the Committee That is the closing part of the report, the preceding portion of it on Appropriations when the lea.se of the Seaton House expires f dwelling especially on the unfitness of the present building for the Mr. MORRILL, of Maine. I am not accurately informed, but I un- purposes for which it is occupied and the want of safety of the docu- derstand within the last few months. My understanding of it is that ments therein stored. the Government le!lBCd it for four years with the right to continue the Mr. WHYTE. '!'he question now pending immediately before the lease another four years. Sennte is not the question, a.s I understand, in regard to the removal Mr. NORWOOD. Four years from what date f to the "Shepherd bUilding, but the question pending is merely to cor- Mr. MORRILL, of Maine. From the date of the lease, which I can- rect the text. ' not state. My understanding is hy hearsay-! have not seen the The PRESIDING OFFICER, (Mr. EATON in the chair.) The ques- lease-that that time expired within the la~t four months. tion is on the amendment of the Senator from 'Maine, [Mr. HAMLIN.] Mr. WHYTE. It hns expired ! Mr. MORRILL, of Vermont. I do not desire to protract this de-· Mr. MORRILL, of Maine. The first four years expired within the bate, for I think it is exceedingly important that we get through last four months perbnps. with this bill to-day. I do desire, however, to say a single word in Mr. WHYTE. Then, ha.s the Government undertaken to renew the reply to the Senator from Texas, [Mr. HAMILTON.] lea.se for four years more Y That this matter has had the constant ntteution of the Committee Mr. MORRILL, ·of Maine. I do not understand. On that I must on Public Buildings and Grounds for a series of years, that we have say I am not particularly advised. I do not understand whether the fully understood the condition of affairs in which the public archives Goverument has dono anything about it. in relation to pensions have been placed, is undoubtedly true; and I Mr. WITHERS. Being a member of the Committee on Pensions, I may say that it is out of no favor to anybody that we propose to hire have some recollection of the subject. The Commissioner of Pensions this building. I have not seen the proprietor. I have endeavored to in his report, I think, brings this ma.tter to the consideration of the have the Commissioner of Pensions obtain some other building, not in committee. I have just sent for his report, and I think the facts for so prominent a position, where the rental would be less ; and to find which the Senator from Maryland inquires will be there found. My a fire-proof building with sufficient amount of accommodations he 3582 CONGRESSIONAL RECORD-SENATE. JUNE 5, has ascertaine(l to be impossible except in this direction. I think there of the Senator from California, aa modified, to the amendment of tho are no public archives the destruction of which would bring a greater Senator from Vermont. disaster on the Government than those of the Pension Office. 1\lr. NORWOOD. I desire to inquire of the Senator from Vermont This is a matter -that concerns every Senator as much as it concerns if he has ever bad any estimate made and tmbmitted to his commit- me. I only present the case as it has been submitted by the Secre- tee as to what it would cost to put up a building at the expense of the tary of the Interior and by the Commissioner of Pensions. Government that would accommodate the Pension and Education I hope that the amendment proposed by t.be Senator from Maine Bureausf will not be adopted, but that the one which ha-s been proposed by the :Mr. MORRILL, of Vermont. I will state to the Senator that when Committee on Public Buildings and Grounds will be. it was proposed here two or three years ago to extend the City Hall Mr. WHYTE. Let the pending amendment be read. building on Judiciary Square it was estimated then that a sufficient The PRESIDING OFFICER. The pending amendment will be amount of accommodation could be obtained for both the purpo es read. indicated by the Senator from Georgia at an expense of about 160,000. The CHIEF CLERK. It is proposed to amend the runemlment of the That building, being a very plain brick building, conld have been Committee on Appropriations by striking out the proviso and insert- extended; but the proposition was rejected, and I think mainly for the ing in lien thereof the following: reason that there was some idea on the part of some members of this Provided, That if the owners of the Seaton House shall refuse to make their build- House or the other that the square might be wanted for other pur- in~ fire-proof, and tho Secretary of the Interior can procure a. fire-proof building of poses, for a. library or something of that sort. am table accommodations, with :privilege of occupying the same as long as it may be .Mr. NORWOOD. To my mind it is evident that it would be very needed for the uses of the Pen8lon Office for a. rent not oxceedinJJ that now paid for poor economy on the part of the Government to rent this building. the Seaton House, he shall rent the same instead of the Seaton .tlouse. . It is. proposeq. to pay $20,000 for a portion of tho building, which is Mr. HAMILTON. I hope that amendment will be adopted. I tho mterest at 'l per cent. on ·nearly $:lOO,OOO, and yet the.GOvernment think it is proper. can put up a building which will accommodate these Bureaus for The PRESIDING OFFICER. The question is on the amendment 160,000. I submit that that is very poor economy, and I shall there- of the Senator from Maine to the amendment of the Committee on fore vote against the propo ition of the Senator from Vermont. Appropriations which has just been read. The PRESIDING OFFICER. The question is on the amendment Mr. WHYTE. I hope that for a year at least we shall remain where of the Senator from Vermont, [Ml·. MORRILL.] we a.re and make no ch:m,ge. It has been indicated here that it will Mr. SARGENT. On that I ask for the yeas and nays. cost $10,000 to make a change, and a temporary change would cer- The yeas and nays were ordered. tainly be very unwise. There are buildings in this city that probably Mr. MORRILL, of Vm·mont. In order that the Senate may under- the Government will become possessed of after a little while-the stand what the question is that is pending, I will ask if the amend- Freedman's Bank building for example; and I think there is some in- ment of the Senator from Maine [Mr. HAl\ILIN] has not been voted dicat.ion in some quarters that we shall have the Potomac Railroad nponT building on our hands before a great many years. These buildings can The PRESIDING OFFICER. It has, and been rejected. be fitted up when owned by the Government and used by it for this Mr. MORRILL, of Vermont. And now the only amendment pend- purpose without the great expense which will be entailed by getting ing is to strike out what is reported in the bill T a twenty-thousand-dollar building or any building of that character The PRESIDING OFFICER. That is the amenclment of the Sen- belonging to a private citizen. ator from Vermont, as modified upon the suggestion of the Senator If this amendment is not adopted, I shall move to strike out the from California. whole proviso, and for the present leave the Pension Office just where Mr. ALLISON. I should be glad to have the amendment reported, it js under the yearly rent that the Government is now obligated to as I was out at the time it W:l8 offered, in order to see what it is that pay. But two or three months only of the year have been consumed we are to vote upon. and we shall be in for three-quarters of a year at least; and therefore The PRESIDING OFFICER. The amendment will be reported. I think it better that the subject should remain open until the next The CHIEF CLERK. It is proposed to stdke out the clause reported meeting of Congress. . by the Committee on Appropriations, and to insert in lieu thereof: 'fhc PRESIDING OFFICER. The question is on the amendment For rental of the basement nnd :five upper stories of the fire-proof building, and of the .Senator from Maine [Mr. liAMLrN] to the amendment of the of heating the same, on the corner of Twelfth street anll Pennsylvania. avenue, if Committee on Appropriations. the same can be obtained upon terms to be approved by the Secretary of the Inte- rior, $20,000. The amendment ·t o the amendment was rejected. For expenses of removal of the office from the Se~ton House, and expense of :fit- The PRESIDING O]fFICER. The question now recurs on the ting up the rooms of the new oftice, ~.000, or so much thereof as may be necoas:uy. amendment of the Senator from Vermont, [Mr. MORRILL,] from the Committee on Public Buildings and Grounds, to the ame~dment of Mr. HAMILTON. I move to strike out the restriction as to the the Committee on Appropriations, which will be read. amount, so as to leave it to be fixed by :Mr. Shepherd. We mightjll8t The CHIEF CLERK. It is proposed to strike out all after the word as well do that, for it will come to that anyhow. "for," in the first line of the amemlment of the Committee on Ap- The PRESIDING OFFICER. · What is the motion of the Senato.r propriations, and to insert : from Texasf Mr. HAMILTON. I move to strike out all the restrictions and al- Rental of the basement and five upper stories of the fire-proof building, and of low the Secretary of the Interior to rent the Shepherd building at heating the samet on the corner of Twelfth street and P6DDSylva.nia avenue, if the his discretion. same can be obt.amed upon terms to be approved by the Secretary of the Interior, &20,000. The PRESIDING OFFICER. The amendment will be reported. For the expenses of removal of the office from the Seaton House and expense of The CHIEF CLERK. It is proposed to amend the pending amend~ fitting up the rooms of the new office, $10,000. ment by striking out the words in the first clause: Mr. SARGENT. imove to reduce the item of $10,000 for removal If the same can be obttl.ined opon terms t.o be spproved by the Secretary of the to $7,GOO. I think they can do it for that. Interior, $20,000. Mr. MORRILL, of Vermont. I shall make no oppositio~ to that. So that, if amended, tlie clause will read : Mr. SARGENT. And add there "or so much thereof a-s may be For rental of the basement and :five upper stories of the fire-proof building, and necessary." I believe that this removal c:tn be made for $5,000. of heating the same, on the corner of Twelfth street and Pennsylvariia avenue. There r,re more rooms, and I believe additional cases will have to be Mr. MORRILL, of Vermont. I suppo E1 that the Senator from had, and perhaps the accommodation that will be furnished will en- Texas has bad his joke and that is all he wants. Of course the able them to make a better arrangement of their records so as to be amendment that he proposes does not apply to the amendment that more accessible, and thus facilitate work, which will cost something. is pending; and, besides, if it did apply, it is out of order because it In conversation with the Secretary of the Interior on the matter, my would be an amendment in the first degree. recoUection is that be stated that the removal and :fitting up could be Mr. H.A.MILTON. The point I wanted to make was that, while this done for $5,000. In deference to the Committee on Public Buildings seems to be a new thing just conceived in order to see whether term.~ and Grounds, who say that it will cost $10,000, I am somewhat indis- can be made with the proprietor of the building contemplated, I for posed to reduce it to the amount of $5,000; but certainly 7,500 ought one believe that the terms have been understood a long time ago. to bo enough. The house bas been built, I think., for t.his express purpose, and with Mr. MORRILL, of Vermont. I will say to the Senator from Cali- the tacit understa.nding on the part of those who would have the fornia that it is mider8tood there will be additional desks required management and control of it that Mr. Shepherd was to rent the for the accommodation of some of the clerks and to fit up some ~f the building to the Government as soon as it was finished at whatever rooms. figure he might fix. Mr. SARGENT. I have no doubt of that; but 5,000 ought to go Mr. MORRILL, of Vermont. The Senator is entirely mistaken. a great way, and they ought not to be :fitted up very luxuriously The words "if the same can be obtained upon terms to be approved simply for every-day working purposes. I am not entirely sure that by the Seoretary of the Interior" were merely inserted for this pur- the Senator had not better a sent to have the amount of 10,000 pose, and no other. It was understood that there was an elevator in ma-tle " 5,000, or so much thereof as may be necessary." the building, that was to be run, :md the Commissioner of Pensions .Mr. MORRILL, of Vermont. I shall ma.ke no opposition. I shall informed the Committee on Public Buildings and Grounds thn.t it was leave it to the Senate. to be run at the expense of the proprietor of the building. I sug- Mr. SARGENT. Then I modif-y my amendment so as to say gested to him that the terms ought to be obtained from him in writ- H $5,000, or so much thereof as may be necessary." ing, so that there could be no conting-ency about it whatever. That The PRESIDING OFFICER. The question is on the amendment wa.s the sole purpose of putting in this provision. 1876. CONGRESSIONAL RECORD-SENATE. 3583 Mr. HAMILTON. The experience we have had in transactions Mr. INGALLS. I understand that the expenses of renting and with Mr. Shepherd for the last four or five years is that he is not heating the premises occupied by the Pension Bureau now aggregate bound by a.nything, but has matters settled according to his own in- about $16,000 annually. terest. Mr. MORRILL, of Maine. Independent of the heatinO'. Mr. WHYTE. I agree with the Senator from Texas. I t hink we Mr. INGALLS. The Senator from Maine corrects me. He says that have had enough experience with Mr. Shepherd in the District of the expenses are 16,000 annually, independent of the heating; that Columbia to satisfy the Government and the people of the United is an additional expense. States; and I hope to-day that the Senate will not direct the Pension Mr. MAXEY. Conceding as true all that the Senator from Kansas Office to be removed to any building belonging to Governor Shepherd, says in rega.rd to the Seaton House building, does it follow that the whether right or wrong. Senate should appropriate $20,000 for the rent of the Shepherd build- Such rent as is contemplated to be given for this building might in- ing f It appears from what has been said that the Shepherd building duce every man to go into the speculation of building houses to rent cost about $300,000. Six per cent. interest on that would be $18,000. to the Government of the United States. Here is a. building on the It is proposed to pay rent on the entire investment of $300,000 at the corner of Twelfth street and Pennsylvania avenue~ the upper floors ra.te of 6 per cent. for the basement and upper stories, leaving $2,000 aml the basement of which (without touching the floor that will over to go toward insurance and taxes, with the entire use of the yield the largeRt rental, the floor upon the level of the street) are to street floor for Mr. Shepherd. It occurs to me that that is not very cost the Government of the United States 20,000 a year-a building wise economy. Second, it appears to me we might construct a build- that, probably, did not cost 150,000 to erect. This will leave the en- ing on our public grounds amply adapted for the pmpose for 160,000; tire lower floor to its owner and proprietor to rent it at high rents and at 6 per cent. the interest would be $9,600. At the end of eight upon the Avenue and upon Twelfth street. The Government is to be years, by saving $20,000 a year rental on the Shepherd building, the saddled with the rest of the building, and we are asked to take the entire $160,000 for that building would be paid; but if we go on rent- Pension Office from the Seaton House, where we are now under rent ing the building, at the ertd of ~i~ht years we shall be no better off and bound to remain for three-quarters ofthe year, and put it into this than we are now, but with 160,uw expended for rent. building of Mr. Shepherd. We are asked also to remove the furni- Mr. MORRILL, of Vermont. I will state to my honorable friend ture and fit the buildiugup for the use of the United States at the ex- that the amount paid for the Seaton House and for accommodations pense of t he United St.ates. Mr. Shepherd could well afford to ex- elsewhere and for heating, which are all included in the proposition pend $10,000 in :fitting up the building for the use ofthe United States for this building; commonly called the Shepherd building, would make with such a tenant at such a. price. I hope the Senate of the United it equal to the sum now paid for the present accommodations, a.s I States will not vote to remove the Pension Office to his building. have been informed. Mr.INGALLS. IhavebeenunfortunatelyoutoftheSenateChamber Mr. MAXEY. The United States Government owns public grounda w bile this discussion has been going on, and only know by inferma- here, and I see no more reason why there should be these large rents paid tion what the precise na.ture of the question now before the Sena.t e for governmental buildings for the Pension Office than for the Treas- is. I am no partisan or advocate of Mr. Shepherd. At the sa.me time, ury, the Attorney-General's Office, the State Department, or this very I am, so far a.s I know, not his enemy ; and I do not understand Capitol. If .the United States Government wants to control its own why the sentiment of any individual Senator or of the Senate col- pension records, and if they are as important as Senators say they are, lecti:vely, or of any considerable number of citizens with regard to then let the Government put up a suitable building upon itsownground Mr. Shepherd, should have any influence whatever upon the determi- and own that building, making it fire-proof, and having it for all nation of this question. time, without the necessity of endangering the reco1·ds or the neces- As the chairman of the Committee on Pensions in this body, my sity of paying . $10,000, as has been proposed, to remove the records attention has heretofore been repea~dly called to the condition of from one temporarily rented place to another temporarily rented the building in which this business is now conducted and where the place. The whole policy seems to me to be wrong. moat important portion of its records are stored and kept. I venture Mr. NORWOOD. The Senator from Kansas said he was unfortu- to say that, if with the consent. of the Senate the business of that nately out of the Chamber when this question came up. He spoke Bureau is longer conducted in the Seaton House, it is, in my judg- about Mr. Shepherd; and he did not understand why there should ment, but very little short of criminal negligence. The building was be any opposition upon a personal ground to Mr. Shepherd. illy constructed even for thQ purposes for which it was originally Mr. INGALLS. I beg the Senator's pardon. I said no such thing. employed. Six or seven stories in height, without any fire-walls or Mr. NORWOOD. I retract it; but I understood that to be the subdivisions in the interior, the partitions constructed of pine now Senator's drift. renderefl in the highest degree inflammable by the long period of Mr. INGALLS. No, sir; that is entirely a misapprehension. time during which it has been subjected t-o artificial heat, with tor- Mr. NORWOOD. I retract it entirely. I was going on to say that tuous passages, with insufficient means of egress and exit, it is scarcely if the Senator had been in the Chamber he would have found that po sible that there could even be an alarm of fire which would not the opposition to this amendment is bused upon the financial view result, not only in the injury and mutilation and loss of the records, of the question so far as I am concerned and others around me who but also in the destruction of human life. I say that if those Sena- have spoken. I stated to the Senate that the rental proposed to be tors w h ') are now opposing the provision that I understand is pending paid here to Mr. Shepherd was equal to 7 per cent. on nearly $300,000. before the Senate would take the trouble to examine that building That is the ground of my _opposition. and advise themselves of the value to this Government of the records The honomble Senator said that when the Government went into that nre kept therein, they would consider the sum of 20,000 or $25,000 the Seaton building it waa "Hobson's choice," nnd that it would be or of $30,000 annual rental in a safe building very profitably ex- criminal to remain there. I do not suppose that that building has pended. deteriorated very much in the last four years. I do not suppose it is Mr. HAMILTON. Will the Senator from Kansas allow me a mo- much more criminal to remain there now than it was to go in there, mentf nor do I suppose that the danger h::J..B been very much enha.nced lately. Mr. INGALLS. Certainly. It seems that just in proportion as this magnificent property on the Mr. HAMILTON. I would inquire why it was that the Government corner of Twelfth street and Pennsylvania avenue ha.s risen toward did not look into the condition of the Seaton House building when the heavens the Sea.ton building bas been deteriora.ted in the same pro- they rented it in the first place f portion; and it has been suddenly ascertained that it is. not only dan- Mr. INGALLS. I understand it was Hobson's choice at that time; gerous, but, as the Senator from Ka.nsas now sa.ys, absolutely criminal, that there was an absolute necessity for some arrangements being for the Government to remain in the Seaton building any longer. made for accommoda.tions for the Pension Bureau. In consequence of The Senator says when the Government went in there it was "Hob- the operations of the late war and the demands upon the Government son's choice.'' The difference between the Government and Hobson is resulting therefrom, the pension-list has expanded from a little over this: that Hobson had to take that horse or take none, because Hobson $11000,000 to very nearly $301000,000 per annum. There are upon the could not make a horse; but the Govel'nment can make a building, pension-rolls at the present t1me something like 270,000 or 280,000 pen- and it could have made a building when it went into the Seaton sioners; and, remaining unadjusted, are more than 60,000 additional House. It can make one now, and at a far less cost, as the Senator claims. I do not know the exact number of employes who are cqn- from Texas [Mr. MAxEY] has shown, than to hire this building at tinually occupied in the adjustment of the affairs of the Pension Office; even $10,000 a year. but I venture to say that, if there should be any destruction of ita If it is in order now, n.s a matter of economy, I move to amend the records and of the testimony upon which a very. large proportion of amendment of the Senator from Vermont, by striking out $20,000 and th~se claims are founded, the loss to the Government and to individ- inserting $10,000. I do it for the rea-son that at that rate Mr. Shep- uals would be absolutely irreparable. They could not be supplied herd would receive on nearly $100,000 7 per cent. o~ his investment. from any other source whateyer. Mr. INGALLS. My opposition to the continuance of tbe Pension I sincerely hope, therefore, that there will be no opposition to some Bureau in the Seaton House is not of recent origin. When the site of change from the present quarters to a location that would be reason- the Shepherd building on the corner of Twelfth street and Pennsyl- · ably secure, upon the ground that the premises to which the location vania avenue was occupied by the Kirkwood House, and long before may be changed are obnoxious, in a. moral or political sense, to any the title had passed, so far as I know, to the p1·esent owner of the individual member of the Senate. It seems to me that would be a property, I called the attention of the Senate repeatedly when the very poor foundation for action in a matter so important and grave appropriation bills were up, to the condition of the public records of us this. the Pension Office, and the danger to which they were exposed. Mr. DORSEY. Before the Senator sits down, I should like to in- I am in favor of the- construction of a building for the t.musaction quire what the Government now pays for the Seaton House f of the business of the Pension Bureau. It has reached dimensions 3584 CONGRESSIONAL RECORD-SENATE. JuNE 5, that in my opinion require such action; but in the mean time what the Senator from Vermont that, if there be objection to the limita- shall be done f Shall the public business still be exposed to the det- tion to this particular place, ho give such latitude to his proposition riment resulting from the condition of those premiRes f The majority as that the Secretary of the Interior.may select that or some other of the Senn.te mn.y not know that in order to facilitate the removal of building, if he can find another building that will answer the pmpo es the records in case of an alarm of fire, at the suggestion of myself and of the Government as well. It seems to me that we ought not to di- other Senators, trucks have been constructed, cases upon wheels, and vide in a case of this kind, so clearly involving the public service and placed in a lower portion of the building, upon which the records the safety of public records, and perhaps human life, upon a simple have been placed, in order that they may be instantaneously removed question personal to anybody either inside or out ide the Senate. 1 in case of danger or alarm of fire. suggest to the Senator from Vermont whether _he cannot modify his Mr. MAXEY. If the Senator from Kansas will permit me, I desire proposition so as to leave it discretionary as to the selection of a to state that it is with me a national question. I have nothing to do proper building. with Mr. Shepherd; I do not know him; but it is a national question. Mr. MORRILL, of Vermont. I should not be at liberty to modify I would ask, if it be true, as stated, that this building cost 300,000, it, because it is the action of the Committee on Public Buildings and and that we get only the use of the basement story and the upper Grounds; but I have no objection to the Senator proposing any amend- stories, and he gets the use of the street-floor, is not 20,000 too large ment he sees fit. a rent to pay on an investment of that amount o.l money f Mr. WITHERS. I will suggest to the Senator from Vermont an Mr. INGALLS. I do not think that 50,000 a year, until a building amendment, which I should like to see substituted for the one pending, could be constructed, would be too much for the Government to ex- if it would be agreeable to him and the Committee on Public Build- pend to insure the safety of those records and the lives of its em- ings and Grounds. I think there is a great deal in the su(l'gestion ployes. That is my opinion. which has been made not to restrict the provision for rentaY to the Mr. BOGY. The question is how much he ought to receive. particular building named, ina mnch as it h..'ts been suggested that Mr. INGALLS. I am not called upon to consider whether that rent other buildings equally suitable for the purposes might be procured would be extortionate and unjust or whether it would be too small and possibly at a less rentn.l. for those premises. The place where the business is at present con- Mr. MORRILL, of Vermont. I shall make no opposition to such a ducted is absolutely dangerous not only to property but to human proposition. life, and it is a matter of indifference what the Government pays Mr. WITHERS . I will state, in connection with the amendment temporarily, so that premises can be secured where that business can which I am going to suggest to thn.t proposed by the committee-and be safely and properly conducted. · I believe it has been mentioned previously-that the sum of 10,000, Mr. MAXEY. Then why limit the Secretnry in the amount of which is in the amendment proposed by the Committee on Appropri- rental or in the selection of a house f ations, was fixed without any adequate or accurate knowled~e on Mr. INGALLS. That is not a motion of mine. I am not in favor the part of the committee aR to the amount of annual rental now of limiting the price or of specifying the location. If there is any being paid for the Seaton building and other buildings similarly used; better place that can be selected, or any lower rent that can be paid, it was merely put in in order to await further and more n.ccurate to secure t.he results that I believe the Government ought to obtain, information. That information now having been procured, and it then I shall be entirely satisfied if the committee secure those prem- appearing that the amount of $16,000 is now being paid for the build- ises or pay that rent. · ings at present occupied by the Pension Bureau, I ruove that the AB I was going on to say, at my suggestion movable trucks or cases word" ten" in the amendment of the committee be stricken out and upon wheels have been constructed and placed upon the street-floor "sixteen" substituted, and th:tt the amendment be so amended as to of the Seaton House, upon which, so far as possible, the records have read: been loaded, to the very grea.t inconvenience of the transaction of Provided, That, if the Secretary of the Interior can procure a fl.re.proof building the daily business there, in order that they ma.y be removed out of of suitable accommodations for a rent not ex:ceerling that now pairl for th Seaton the building upon the first alarm of fire that may be given. In ad- House and other buildings occupied by the Pension Bureau, he shall rent tho same, instead of the Seaton House. dition to that, temporary pipe have been conducted into the diffm·- ent storie~ of the building for the purpose of flooding every floor Mr. MORRILL, of Vermont. I would suggest to the Senator from with water as soon as any alarmma.y be given. The inevitable result Virginia that be amend the propo ition proposed by the Committee of that would be, if the records were not des toyed by fire, they would on Public Buildings and Grotmds by.stJ:iking out after tho words be so injured by water that the loss to the Government and to the "rental of" the words "of the basement and five upper stories;" so officers and to the dependents would be very nearly the same. as to read: .A.s I have said before, the method of escape and of egress from that For the rense entailed in such I'emovaJ. Mr. DAVIS. Tba.t I should liko to have understood; and I should Mr. DAVIS. I understood the Senator from California anu the wi~h t-o l.Jave a proviso inserted, that I hope the Senator from Vir- Senator from Maryland each of them to thiuk and to state that there ginia. will provide for in the amendment he proposes to offer, "not was no provision in the bill as it now stood for heatil1g anu fueL exccctliug the reut now paid." Mr. WHYTE. No; I said there was. 1\f r. WITHERS. That was e:xactl.v the form in which I presented it. Mr. DAVIS. Where do you find it? .Mr. DAVIS. If that is so it wonlU cover any objection that I might Mr. WHYTE. Right in the next clause. have. · Mr. SARGENT. There is no provision for beating the SP.a.ton IIouse Mr. WITHERS. I propose a rent not excee(lingt.he sum now paid except the general a-ppropriation for the whole Department. for the Seaton House aud arlja.cent huiluings. . Mr. DAVIS. There is following this clause a provision for fuel, Mr. MORTON. There is one colli!ideration in this matter that has &c., $15,000; but that, it will be noticed, is general for tlle Depart- been alluded to which I think onght to be cont.ro1ling, and that is the ment. question of the safety of the public records. If those records should Mr. WHYTE. Allow me to correct the Senator. I found it in the Le destroyed a large portion of them could not be restored; money Pension Office clause. There is where I ha-d seen it. There is a. pro- could not do it ; and even if they could be restored it would be a yision for ''fuel" in the Pension Office and "re.pairs of uuilding," &c., very expensive business. I am told there nre a great many records $10,500. There is where I see it. in tho present bniJding. They coulu not be got out in case of fire. · Mr. DAVIS. That is just what I was going to call attention to. It would be idle to think th::tt. We are told it would be as much as Jt will be found in this bill further on that we have provided for the employes could do to get away in case of fire; and certa inly lighting ant fuel, &c., of the Pension Offico. What is the Pension the records could uot be preserved and there would be n. ]o s thnt Office f The Seaton House; aml therefore we have provided for fuel money eoulu not repair. Therefore they ought to be put into a build- and lighting, &c., of tho Seaton House. ing where they would be comparatively safe; a.ml the qncst.ion of Mr. '\VEST. Will the Senator ue good enough to point out that f expense in that connection is a subordinate consideration. The Mr. DAVIS. On page 74, lines 1 '06 and 1807, there is a provision records of a county, of conveyances, of mortgages, when once de.: already, further on in the uill, for fuel, so that point is provided for stroyed, can hn.rdly be restored anywhere perfectly. We know that let the Pension Office go to whatever building it may. It is not the records of Chicago that were destroyed have not 1Jeen restored, necessary here to consider the beating. aml never can bo except to a limited e:A-tent. If these records aro Mr. SARGENT. I see there is a very lar~e number of items me:J?- destroyed they cannot be restored at nU a great part of them, aml tioned here, and there are quite a number of buildings. only imperfect.ly at best any of them. If this building is of the kincl For fuel, gas, engraving and ret()uchin~ plates; for bounty-land warrantR, print- described by the Senator from Kansas it is a matter of the first impor- ing and binilin" the same, engravin~ and' printing pension-nertiJ:icat.es ; for repairs tance to ~et these recortls into a safe building; and the quest.iou ·of of buildin~; a7Hl for other necessary expenses of the Office, including two daily $5,000 or .• 10,000 in the rent is a mere bagatelle. 1£ it was in regard newspapers, ~10,500. to count.y records or in regard to State records in our own States we Does the Senator unuerstand thu.t all these items are included under would give due importance at once to these things. that ap.propriation f Mr. MORRILL, of 1\iaine. Mr. President, I inquire what the ques- Mr. DAVIS. I understand that it includes beating. tion is T Mr. SARGEN'r. I am not sure that the Senator is uot correct. The PRESIDING OFFICER. An amendment was offered. by the Mr. WHYTE. There is $5,000 for furniture just above there. Senator from Vermont [Mr. MonRILL] to strike out all after the word Mr. DAVIS. As the Senator from California wi1l recollect, $5,000 "for," in line 1705, to and includin!5 line 1710, ancl to insert other for carpets, repairs, &c., was put in from the fact that it was repre- matter. To that proposition the ~enator from Georgia [Mr. NoR- sented that certain repairs were necessary, let the Pension Office be WOOD) moved an amendment striking out the wo'rd ''twenty" and where it would, even if it remaineu in the Seaton House, because re- inserting "ten," and then an offer was made by t.h o Senator from pairs are going on there now. I was there some time ago and repairs Virginia [Mr. WITHERS] which was partially acceptetl by the Sena- were going on. If, however, the Pension Office is removed w some tor from Vermont, and the Chair is not quite able to say what is now other building, then the $5,000, as well as the $10,500 on the s~vent.y­ before the Senate. fourth page, will be used in whatever building the Pension Office Mr. NORWOOD. I stated that I would withdraw my amendment may be. Therefore, in deciding the question upon the rent of the in o1·der to allow the Senator from Virginia to offer his. building which we are now considering, the furniture and the heat- Mr. WITHERS. I offer the propo8ition now in this form, to which ing ought not to be taken into consideration, or we ought to strike I ask the attention of Senators: out that appropriation on page 74 when we get to it. For the rent of builuings for tho nse of the Pension Office and tho Bureau of Mr. WITHERS. The Senator bas overlooked that part of this ap- Edncn.tion, $16,.COO: Provided, That if th(j Secretary of tho Intel'ior can procuro a. propriation is designed not for the Seaton House alone, but for the fire-proof builaing of suitable accommodations for a rent not exceeding that now paid for the Seaton Hou e and adjacent lmildmgs, h,e shall rent the samo instead of Patent Office building, several of the rooms in which are occupied said Seaton House and atljacent buildings; and tlte sum of 5,000, or so much thereof by the Pension Bureau, and the Pension Bureau consequently bas to as may be necessary, it~ appropriated for the cost of fitting up and removal to such :pa:v expense in both buildings. fire-proof building. · · ~Ir. SARGENT. My impression is, however, that the general ap- Mr. EDMUNDS. I ask tl1e Senator whether he intends to impose proprhtt1on hinres to tho Interior Department. The $15,000 would 'any limit on the·period of time for which the rental of the new build- cover that. I presume my friend from West Virginia is substantially ing may be taken f cprrect. . Mr. WITHERS. The same period of time that now controls. Mr. PAVJ~. My informa.tion is that the Patent Office and the Sea- Mr. EDMUNDS. But would the amenument proposed by the Sena- toq Jionse aro ~ntirely rlifl'et·ent buildings. tor accomplish thatf Would it not be a. universal authority to rent Mr. WITFJ:ERS: Tb~y are; but t.here are rooms in the Patent Of- for fifty years or any other time f I think it ought to be- kept with- fice occupied uy a portion of the Pension BureaLl• . in the control of Congress in some way. )1r. J?AVJS. Ce~tai~~y ~9: Mr. WEST. To meet that I will ofier a proviso- 1876. CONGRESSIONAL R.ECORD-SENATE. 3587 Mr. WITHERS. Let me reply to the interrogatory of the Sena- are the same. The cost of the new building will be the same as the tor from Vermont. I woultl SUO'O'est to him whether the mention of ol<). tlle Seaton Honse, with tho sub';titntion of one rental for the other, Mr. STEVENSON. All the difference then woultl be $5,000 for the does not carry with it the same condit.ious which apply to the rental transferf of the SeMon Honse now f Mr. WHYTE. And $12,000 for the three-quarters of a year that the .Mr. Ell.&l.UNDS. I do not think it does, except as to the sum, the Government. is responsible for; $12,000 for tlte balance of this year. actual rental; and if it be the object, as l.think it ought to be, to con- Mr. STEVENSON. That would be $17,000. Th::tt is what I am try-· trol the discretion of the Secretary to a Timit.etl period or to the tlis- ing to get at. crction of ContTress from time to time, it ought to be so ~emostjudicious, because that would any dn.y the Government pleased to do so. Landlords are not in the leave it in the power of the Secretary of tho Interior at any time on habit of making such contracts. Now, if this lea.se expires on the lOth giving a year's notice. of August, and no notice has bceu given to tl.le owners of this prop- Mr. WEST. The Senntm· can wortl it now to suit himself, having erty, we shall have a whole year's rent to pay, wllich will be $16,000, received the suggestion. and the $5,000 for removal in addition, making $21,000 thrown away. Mr. MORRILL, of Maine. Now let us come to a vote. Mr. WITHERS. I take it for granted from the report of tl.le Sec- Mr. 'VITHERS. I a.m "Willing to accept t.he proviso of the Senator retary that there "ill be no twelve months' rent to pay from the fact from Verm.o nt, [Mr. MORRILL,] whiclt seems to suit the views of the that be reports here officially- Senators around me, that the lease shall expire on twelve months' 'fhat the four-years' lease under which this building wa.s belU expired on the lOth notice being given by thl> Secr.etary of the Interior at any ti.m~. of August last, and it is now retained under a condition of the lease which providea The PRESIDING OFFICER. Will the Senator from Virgm1a send for further occupancy from year to year as may be necessary at tho samo yearly his amendment to the desk Y rental, t\10,000, as is thorein provided. · Mr. WITHERS. It is impossible to accommodate the views of Consequently, the assumption to be drawn from this is that the everybody. Some prefer a term of years, but I will sf.antlby the pro- first lease was for four years, the Government retaining the privilege viso as I have offeretl it. of continuing its occupancy of the building from year to year at its Tlle PRESIDING OFFICER. The amendment will be reported. option by paying the same rental; and therefore, if the year expires The CHI·EF' CLEHK. It is proposed to strike out all after tl.le word on the lOth of next Angust, if they make arrangements prior to that "for" in tho amendment. of the Committee ou Appropriations and in- time to vacat-e the building, tho reut will expire with the termination sert in lieu thereof the following: of the year. Rent of buildings for the use of the l'ension Office and for tho Bnrean of Educ,a.. Mr. STEVENSON. Is the lease there! t.ion, SlG,OOO: Provided, That., if the Secretary of tholntel'ior can procure a fire. proof Mr. WITHERS. No, sir. buildin« of suitable accommodation for a. runt not cxcecilin:; that now paid for the Seaton tlouso aud :ulja.ccut buildings, ho shall rent tho same instead of the Seaton Mr. STEVENSON. Can any Senator tell me what the provisions 1Jonse an:l such adjacent buildings: an. lic opinion is so great here that the best of Secretaries, in all ages and Moreover, the proprietor of that house states that the whole expense all administrations, have been considerably drawn in in these re- to the Government durin~ the time it has rented tha.t building ha-s spects. only been $14,000 a year, mstead of $16,000~ including heating and all ~Ir. MORRILL, of Maine. The Senator will perceive that is the other expenses. He appeai"M to be accurate about it, and he says also iuentical proposition of ~is collea.gue. that the building at a very small expense can be made absolutely Mr. EDMUNDS. I do not. Was it read f fire-proof. It is fire-proof now, I believe, with the exception of some Mr. MORRILL, of Maine. "For rental of the basement and :five wooden partitions that were put up in order to make it suitable for upper stories of the fire-proof building, and of heating the same, on a hotel. They can be knocked out, and in a very short time the huilu- the corner of Twelfth street and Pennsylvania avenue." ing, he says, can be made fire-proof. Mr. EDMUNDS. That will do it. Now we are asked to pay $20,000 a year for the new building, and Mr. MORRILL, of Maine. But there is an amendment to that by $10,000, as is proposed by the Senator from Vermont, as I understand, the Senator fl'Om Virginia [Mr: WITHERS] to strike out these words to make the removal to it; n.nd then the other contingent expenses and leave it discretionary to have that or any other building. provided for in the bill will make $112,000-$115,000 per annum for Mr. EDMUNDS. That was the amendment I had heard and to rent and contingent expenses alone. I think it is out of allcha.racter, which my attention was drawn. Whether that isiuaccordance with considerin~ the dullness of times, the great number of builuings that the spirit of the act of 1874, I very much don bt, as it leaves a general are empty m the city and that will remain empty until times improve, discretion with the Secretary to rent any building he likes, not er-. to engage on the part of the Government now to pn.y as much as ceeding the up-set price that is named. $20,000 a year rent for a building, and possibly after all if you do not The PRESIDING OFFICER, (Mr. INGALLS in the chair.) In order make a close contract you will have to heat it and do all the other that the Senate may clearly apprehend the question to be voted upon, things requisite to make it tenantable. the Chair will state that the Committee on Appropriations reported Mr. STEVENSON. As I said before, I have no feeling in this mat- to the pending Lill an amemlment, between lines 1705 antl1710, which ter except to get a good building at the cheapest rate; but I say to has already been reau. The Senator from Vermont [Mr. MORRILL] my honorable.frieud from Maine, the chairman of the Committee on moved to amend by striking out the entire paragraph a.nd substitu- Appropriations, tha.t I am not prepared to vote on t.his proviso, he- tin~ one which bas already been reported. The Senator from Vir- cause the Committee on Appropriations cannot give me the informa- ginia [Mr. WITHERS] moves to amend by striking out a portion of the tion which is essential, in my judgment, to a correct vote. I under- paragraph and inserting other words, by way of amendment to tho sta.ml tl.!.at the Government is a t-enant from year to year of this build- text. The question therefore now will be upon the amendment offered ing called the Seaton House. Every tenant from year to year, at by the Senator from Virginia, which the Clerk will read. least by the Kentucky law and I understand by the law of the Dis- The CHIEF CLERK. The amendment is to make the amendment trict, is entitled to six months' notice to quit. You have not given reported by the Committee on Appropriations read: the notice to quit; you have not the time requisite to give the legal For rent of buildings for the nse of the Pension Office and for the Bureau ofEilu- notice between this and August; and if six months' notice to quit is cation, $16,000: Provided, That if tbe Secretary of the Interior can procure a essential, and without such notice the Government is bound to pay a fire-proof building of suitable accommodations for a rent not exceeding that now paid for the Seaton House and adjacent buildin~s. he shall rent the same instead of the year's rent, then I say we ought not to adopt this amel!dment. I Seaton House and such adjacent buildings, ana that any lease made for said building understand the law in this District is that a tenant from year to year shall expire on twelve months' notice from the Secretary of the Interior. And the is entitled to six months' notice to quit; and, if you undertake to sum of $5,000, or so much thereof as llliLY be necessary, lB appropriated for the cost give the Secretary of the Interior this discretion, and he does rent a of fitting up aml removal to such fire-proof building. new bqilding, you will be bound for another year's rent from the Mr. MORRILL, ofVermont. Idonotaccepttheamendment ~the lOth of August next. There is no lawyer in this Chamber who will Senator from Virginia; but I will take the liberty to modify my orig- dispute this legal proposition, if the assumption which I make is trne inal amendment so a.s to read as follows : that the law of the District of Columbia requires six months' notice For l'Cf!t.'\1 of a suitable fire-proof builfling, and heating the same, and repairs, if to quit to a terlant from year to year. 'That is the law in my State the same can be obt.ained upon terms t() be approved by the Secretary of the Inte- rior, terminable at any time upon one year's notice, $20,COO. and usually the law in most agricultural States. In cities it is some- For the expenses of removal of the office from the Seaton :S:ouse and expense of what di:fferent. fitting up the rooms of the new office, $5,000, or so much thereof as may be neces- Now, I say that iny friend from Maine ought not to ask us to go sary. . blindly into a proposition until we have the necessary information; Mr. EDMUNDS. I suggest to my colleague to make the wrmina.- and he had better let this matter lie over until we can see tho lease tion of tkis lease that he proposes nine months instead oftwelve, he- and know what the law is, and then we can act advisedly on what cause that would require a whole year's notice, and if a single day our liabilitiel) are toward the owner of the Seat.on House, who has ran over, the right would be up, while nine months' notice after a cur- rented this property to us from year to year, in consequence of our rent year has begun is amply sufficient for the lessor and would give failure to give him six months' notice to quit. I should prefer to let the United States a certain leeway. it lie over, so that I may vote advisedly as to whether this discretion Mr. MORRILL, of Vermont. I accept the suggestion of my col- ought to be confeued. league. Mr. EDMUNDS. The act of June 2'2, 1874, being a deficiency bill, M1'. WITHERS. I understand the question to be .first on the amencl- provides in these worus: meut I offered. . Ani! herea.fter no contract shall be made for the rent of. any building or part of The PRESIDING OFFICER. The amendment of the Senator from any building in Washington, not now in use by the Government.~~o beuse(l for the Vermont is not before the Senate. . purposes of the Government until an appropnation therefor shall have been made Mr. WITHERS. I will state that on referring again to the items m terms by Congress. which make np the $16,000 of the amount of rent now paitl, I find That does not quite meet the case of the Seaton House, perhaps, that there was an error in the computation. Two thousand dollars for the reason t.hat the building, at the passage of this act, was in of that slliD is reported as an amount necessary for r~pairs, and th~ use by the Government; anu t.here may be, as the Senator from Texas amount actually paiu for rent of buildings now occupied by the Bu- says, a state of things which will leave nl:l in liability to pay rent: reau consequently is $14,000. Inasmuch as I desired my amendment for how long I do not know. That, of coru·se, would depend upon to conform to the amount now paid by the Pension Burean, I will by the circumstances. But in respect of any new. building like this one, general consent strike out "sixteen" and insert "fourteen;" so as to tqere is no authority in the Secretary of the Interior or anybody read: Jl1Se: wjtho11t an ~xpress provision in advance by Congress to rent it. For rent of builtlin~s for the use of the Pension Office and for the :Bureau of Edll- :Mr. 1\!Q~~I~L, of_ ~~aine. On .that point I will state for the Sen- cation, $14,000. ·' 1876. CONGRESSIONAL REOORD-SENATE. 3589 Mr. MORRILL, of Vermont. Will it be in order now for me to move The next amendment was in line 1727, to increase the appropria- my original proposition, as modified, as an amendment to that of the tion for compensation of chief clerk from $1,800 to $2,000. Senator from Virginia t The amendment was agreed to. The PRESIDING OFFICER. Not except by unanimous consent. The next amendment was in line 1728, to increase the appropria- Mr. MORRILL, of Vermont. I would move it as an amendment to tion for compensation of recorder from $1,800 to $2,000. the Senator's proposition. The amendment was agreed to. The PRESIDING OFFICER. The a.mendmentof the Senator from The next amendment was in line 1729, after the word "dollars," to Vermont will come up in its natural order after the pending question insert: bas been disposed of. One clerk, $2,000; three principal clerks, at $1,800 each. Mr. EDMUNDS. Is there any amendment proposed to the amend- ment offered by the Senator from Virginia f The amendment was agreed to. T~e next amendment was in line 1731, before the word "clerks," to The PRESIDING OFFICER. The amendment offered by the Sen- ator from Virginia iR an amendment to the amendment reported by strike out "eight" and insert "six; " so as to read: the Committee on Appropriations, and therefore in the second degree. Six clerks of class four. Mr. EDMUNDS. The Chair is quite right. The amendment was agreed to. The PRESIDING OFFICER. The amendment of the Senator from The next amendment was in line 1731, after the word "twenty," to Virginia iB an amendment to an amendment reported by the com- strike out "two" and insert "five; " so as to read : mittee. Twenty-five clerks of class three. Mr. STEVENSON. Now I raise a question of order both on the The amendment was agreed to. amendment offered by the committee and on the other amendment. The next amendment was in line 1732, after the word "forty," to The law read by the Senator from Vermont, and of which I had no insert'' four;'' so aa to read: notice until he read it, is: Forty-four clerks of class two. And hereafter no contract shall be made for the rent of any building or any part The amendment was agreed to. of an.v buildin.,. in Washington not now in use by the Government, to be used for the purposes ol the Government, until an appropriation therefor shall have been The next amendment was in line 1733, before the word" clerks," to made in terms by Congress. strike out "eighty" and insert "sixty-one; " so as to read : That is the existing law. We have heard a great qeal, especially Sixty-one clerks of class one. from the chairman of this committee, about appropriation bills inter- The amendment was agreed to. fering with existing legislation. Here is an existing act forbidding The next amendment was in line 1734, to increase the appropriation any discretion in any officer of this Government to rent any build- for compensation of one draughtsman from $1,400 to $1,600. ing. Now, I say that this amendment is in direct conflict with ex- The amendment was agreed to. isting law, and I submit it to the chairman of the committee and to The next amendment was in line 1735, to increase the appropriation the President of the Senate that both this amendment and the amend- for compensation of assistant draughtsman from $1,200 to $1,400. ment to t.he amendment are in direct conflict with existing law, and The amendment was agreed to. therefore not in order. The next amendment was in line 1736, bef(lre the word ''assistant," The PRESIDING OFFICER. The Chair would rule as a question to strike out "two " and inse1't " three ; " so as to read : of order that in a legislative sense the amendments are both strictly Three assist'tllt messengers. within the province of tho Senate. It is not a. question of order that The amendment was agreed to. one law can undoubtedly be repealed by a aubsequent law; but as a . The next amendment was in line 1736, before the word" laborers," matter of legislative proceedingathe amendments are both strictly in to strike out " six" and insert " seven ; " so as to read: order. The Cha,ir understands that the amendment of the Senator Seven laborers. . n·om VirO'inia has been modified by common consent by striking out "sixteen9, a.nd inserting "fourteen." The question is on tho amend- The amendment was agreed to. ment of the Sepator from Virginia to the amendment reported by the The next amendme1it wa-s in line 1738, to increa-se the total appro- Committee on Appropriations. priation for the force in the General Land Office from $211,380 to .Mr. EDMUNDS. If I do not take too much time, I should like to 214,320. .. have the Secretary read the amendment of the committee and then The amendment WftB agreed to. the amendment ;proposed to it, just as they now stand, so that we The next amendment was to insert after the word "dollars" in may see the preCise sense and I may know which way to vote. line 1739: The CHIEF CLERK. Tho paragraph proposed to be inserted by the Also, for additional clerks, on account of military bountv-lands, namely : For Committee on Appropriations is: one clerk of class three; four clerks of class two; thirty-five clerks of class one; and two laborers ; in all, $50,640: Provided. For rent of buildin::ts for nse of the Pension Office and for the Bureau of Educa- tion, $10,000: Provided, That if the Secretary of the Interior can procure a fire-proof The amendment wa-s agreed to. building of suitable accommodations, for a rent not exceeding that now paid for The next amendment was in line 1753, a.fter the word "office," to the Se:~.ton Honse, he shall rent the same inetead of the Seaton Honse. insert the words" for the actual expenses of clerks detailed to inves- It is proposed to amend that so as to read : tigate fraudulent land entries, trespasses on the publio lands, and For rent of buildings for the use of the Pension Office and for the Bureau of Edu- cases of official misconduct;" and in Hne 1757, before the word" thou- cation, $14,000: Provided, That if the Secretary of t,b e Interior can procure a fire- sand," to strike out "twenty-five" and insert "thirty;" so as to make proof building of suitable accommodations for a rent not exceeding that now paid the clause read: for the Sroton Honse and adjacent buildings, he shall rent the same. instead of the eaton House and such adjacent buildings; and that any lease made for said For diagrams, stationery, parchment-paper for land-patents, furniture and re· lmilUing shall ex._pire on twelve months' notice from the Secretary of the Interior. pairs of the same, miscellaneous items, including two of the city newspapers, to be .Ancl the sum of f5,000, or so much thereof as may be necessary, is appropriated for filed, bound, and preserved for the use of the Office, for the actual expeilses of clerks ~he cost of fitting up and removal to snch fire-proof building. detailed to investigate fraudulent land entries, trespasses on public lands, and cases of official misconduct, and for advertising and telegraphing, $30,000. Mr. EDMUNDS. I su~gest to the Senator from Virginia to make that not,ice nine months instoad of twelve, which is long enough. The amendment was agreeit to. Mr. WITHERS. I have no objection. The next amendment was to insert after line 1760: The PRESIDING OFFICER. The amendment will be so modified. hdian Office: Tho question is on the amendment of the Senator from Virginia to For compensation of the Commissioner of Indian Affairs, $3,000; chief clerk, the amendment reported by the Committee on Appropriations. $2,000; five cterkg of class four; eight clerks of class three; one stenographer, at $1,600; thirteen cle11ks of class two; thirteen clerks of cla.~s one; six copyists, at The question being put, it waa declared tliat the affirmative ap- $900 e.ach; ono messenger; oneassU!tant messenger; and one laborer; in aU, $69,880. peared to prevail. For blank books, binding, stationery, fuel, li~bts, telegraphing, and miscellaneous Mr. WHYTE called for a division. items, including two city newspapers, to be filed, bound, and preserved for the use 1\fr. MORRILL, of Maine. We can divide in the Senate; let us go of the Office, $6,000. on now. Mr. STEVENSON. ·why was that office left out of the House bill; Mr. ·wHYTE. Very well. can the chairman tell me f Is there not a bill pending to abolish t4e The PRESIDING OFFICER. The amendment of the Senator from Indian Bureau f Was that the occasion of the omission; or for what Virginia is agreed to. The question now recurs on the amendment reason was it that the House dicl not provide for the Indian Bureau f of the Senator from Vermont [Mr. MORRILL] as a substitut-e for the Mr. MORRILL, of Maine. I do not know what motive there was amendment reported by the Committee on Appropriations. . about it. I am noL en 1ightened as to that. I might give my impres- The amendment was rejected. sion. If I were allowed to have an opinion, I should say yery likely The PRESIDING OFFICER. The question now is on the amend- what the Senator suggests was the cause; but I have no reSBon to ment of the Committee on Appropriations as amended by the amend· know. ment of the Senator from Virginia, [Mr. WITHERS.] Mr. STEVENSON. I believe there is a bill now before the Senate The amendl:nent., as amended, was agreed to. abolishing this whole Bureau. I suppose if that bill becomes a law The reading of the bill was resumed. it will be time enough to strike this out. The next amendment of the Committee on Appropriations was Mr. MORRILL, of Maine. Yes, it can bedonethen. It is the duty . in the appropriations for the General Land Office, in line 1726, to of the committee to make appropriations for the service the law re- increa.so the appropriation for compensation of the Commissioner quires. from $3,600 to $4,000. The amendment waa agreed to. The amendment was agreeu to. Tile reading of the bill was resumed. 3590 CONGRESSION1\L R.ECORD--SENATE. JuNE 5, The next amendment of the Committee on Appropriations was in on Pensions, the Senator from Texas cannot be unaware that there the appropriations for tho Pension Office, in line 1775, to reduce the are Yory large frauds 1}erpetrated upon the pension fund of this Gov- appropriation for the salary of the Commissioner from $3,600 to ernment. I have previously stated on this floor, and I reiterate the $3,000. assertion, that from Yarious causes unnecessary here to enumemte, in The amendment was agreed to. my judgment not less than 20 per cent. of tho entire rension-list of 'fhe next amendment was in line 1776, to increase the appropria- this Government. is fraudnlent1,v and wrongfully paid1 amonnting in tion for salary of deputy commissioner from $2,250 to 2,500. the aggregate to not leAs than five or six million dollars. The sub- The n.mendment wns agreed to. ject. has been deemed by the Department of sufficient importance to The next amendment was in lines 1777 and 1778, to increase the recommene assistant messengers. a very large amount could l.Je immediately saveu, probably not less The amendment was agreed to. than a million dollars, without muoll, if any, expenditure at all. The ne~'t amendment was in line 1785, before the word "laborers," .Mr. ED.MUNDS. How many pension agencies are there in t.he to strike out ''six" and insert "eight;'' so as to read: United St.n.tes V Eight laborers. Mr. INGALLS. I do not remember the exact number of pension The amendment. was agreed to. agencies. The next amenclrnent '\'\"as in liues 1786 and 1787, to increa e the Mr. EDMUNDS. About ·sevent.yor eightyf appropriation for compensation of engineer from $1,260 to $1,400. Mr. INGALLS. I should thi ok as many as that. Tho report of the The amendment was agreed to. Commissioner of Pensions would disclose the number. The next amcntlment was in lines 1788 and 1S79, to increase the The method resorted to by the Commissioner of Pensions is to de- total appropriation for the force in the Pension Office from 338,920 tail clt-rks to viRit certain ]ocalitie~ where fraud are allege8, after the wol'll "law" to insert 1he words "$50,000 ;"in line written to the neighborhood to some locn,l authority there, ascerLain 1799,after "stationery" toiusert" 10,000 ;"in llno 1800,after ' 1 samc" whether such a person resides there, wbethersJw is the widow of a cer- to iQserb '; '· ;,,ooo ;" iu line 180:3, after "pension certil.icates" to insert tain soldier who was killed dnring tho war, or mn.ke auy other inquiry "for 'rep:tirs of builaiog;" in line 1805, after "newspapers" to iusort that ruay bo necessary, iosooad of sending a mall out a thousand or '' $10,!JOO," and in line U~OG1 to strike out "50,000 ' and iuscrt "83,- fifteen hundred miles and 11aying his expenses all the way there and 500 ; " so as to make tho clause read: back! For contingent expenses of the Offir~, namely: For actual flxpenses of clerks lle- There is no more difficulty about detecting frauds upon the Pension tailetl to inwstigate liUspectetl attempts at fraud, a-s Jlrovide.d frauds and a,ttempts at fraud . and I do not recollect any specification a$ t.o what these clerks have The PRESIDING OFFICER, (Mr. SARGENT in the chair.) The done. It may be so, but it is a general statement. I i bin k that there question is on the amendment to the amendment of the Committee are frauds practiced, and the Commissioner of Pensions has a suspi- on Appropriations. cion that there other frauds that might be ferreted out.; and he asks The amendment to the amendment was agreed to. this large appropriation to send out clerks. Clerks like to travel The PRESIDING OFFICER. The qnest.ion recurs upon the amend·· around oYer the country whenever they can get an appropriation to pay menta of the committee to the paragraph, from line 179() to line 1807. their expenses. They would go any day in the week if you allowed .Mr. EDMUNDS. Do I understaml that the Chair puts the ques· them to go. tion on all the amendments in this paragraph on page 74 at once'f Mr. WITHERS. Will the Senator permit me to read to him a · The PRESIDING OFFICER, (Mr. INGALLS in the chair.) The gen- pa.mgra.ph from the report of the Commissioner f The Senator says eral understanding has been, in order to facilitate the reading of the it is a merely estimated or supposititious saving. Here is what was bill that instead of waiting to put the question on each amendment done last year by these agents, according to the official rep.ort of the as it arises, the amendments being so numerous, the paragraph should Commissioner of Pensions: be read and then the amendments to it nctecl upon in gross. During the fiscal year, fifteen hundred and thirty claims were invei:Ggated by Mr. SARGENT. Any Senator may call for a separate vote upon any the spocial a~enta of this Office. Of those cases in which pensions had been paid, amendment. three hundren and nine were found to be fraudulent. The names of these pension- Mr. EDMUNDS. Then I merely wish to inquire about the amend- ers were dropped fl'Om the rolls, resulting in a saving of $2,605 per month, or $31,260 annually. Estimating the average ues of oflice, $-1,000. drawings to be attached to patents and copic~. S40,000. And the work of said pho- For Slll'Yeyor-general of Ne,·ada, $3,000; and forth clerks in his omce, $5,000. tolithographing, or otherWise producing plittes aml copie11, referred to in this and 11'or surveyor-general of Oregon, 2,500; au1l for tho clerkR iu his om1:1c', $:),000. tho two next prece£ling paragraphs, shall be done under the supervision of the . l •'?r surveyor.genoral of the Tenitory of Washi.J.Jgton, $2 500; antl for tho clerler of officers or of employes, as made by The next amendment was in Hne 2t69, to increase the appropria- thoprovisionsof this act, or conflicting with anvother of its provisions, are hereby tion for compensation of the examiner of claims from $3,150 to :3,500. repealed; and the words "during the session,"" as used in this act, are intended The amendment was agreed to. to, and shall be construed to mean, four months. The next amendment was in line 2171, to increase t.he appropria- The a.mendment was agreed to. tion for the compensation of law clerk and examiner of titles from The next amendment was to strike out section 5, in the following $2,700 to $3,000. words: The amendment was agreed to. SEc. 5. That the executive officers of the Government are hereby prohibited from The next amendment was in line 2173, to increase the appropria- employin"' any clerk, agent, en,!!'ineer, draughtsman, messenger, watchman, laborer, tion for compensation of stenographic clerk from $1,800 to $2,000. or other eiploye in any of the Executive Departments in the city of Washington, or The amendment was agreed to. elsewhere, except those for whom specific appropriations are made. The next amendment was in line 2174, after the word "dollars," to The amendment was agreed to. nsert: Mr. MORRILL, of Maine. I call attention to some slight amend- One law clerk, $2,000. ments which should be made to the uill. On page 6, line 127, after Tlie amendment wa.s agreed to. the word" day," I move to insert" when actually employed;'' and at The next amendment was in line 2175, after the word "four," to the end of the paragraph, after the word c: dollars," to insert : insert: Provided, however, That any portion of said sum may be used in the discretion of said supetintendent for piece-work. .Additional for disbursing clerk, $200. The amendment was agreed to. So as to make the whole paragraph read: The next amendment was in line 2179, to increase the total appro- For four folders, at. not exceedin"' $3 per day when actually employed, under the direction of the superintendent of the folding-room, $3,000: Provided, hmoever. 'fhat priation for the force of the Department of Justice from $64,060 to any portion of said sum may be useu, in the discretion of said superintendent, for $76,960. piece-work. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 2191, after the words "subsistence Mr. MORRILL, of Maine. On page 10, line 234, in the appropria- of " to strike out " one horse" and insert "horses;" in line 2192, after tions for the House of Representatives, I move to strike out tt eight- the words " repairs of," to strike out "one wagon" and insert " wag- een n and insert "fourteen ;" so as to read: _ons ;"and in the same line, after the word "harness," to strike out Fourt~>en messengers, at $1,440 each. "five hundred" and insert "one thousand;" so a.s to read: For care and subsistence of horses and repairs of wagons and harness, $1,000. The amendment was agreed to. Mr. MORRILL, of Maine. On page 11, line 241, I move to strike The amendment was agreed to. out "$4,200" and insert "$5,000 ;" so as to read: The next amendment was in line 2194, to increase the appropriation Two stenojitmphers for committees, $5,000. for official postage-stamps for the Department of Justice from 1,000 Mr.EATON. I undel'Stand the motion is to add to the $4,200 already to $5,000. in the bill. The amendment was agreed to. Mr. MORRILL, of Maine. It adds $500 to each stenographer and it The next amendment was in line 2197, to increase the appropiationcorrects an error in the bill. for compensation of Solicitor of. the Treasury from $4,000 to 4,500. Mr. EATON. I wish my friend from Maine to understand distinctly The amendment was agreed to. that if the old law provides for the sum of $5,000 I shall not interpose The next amendment was in line2197, to increase the appropriationany objection. for salary of the Assistant Solicitor of the TrellBUl'Y from $2,700 to Mr. MORRILL, of Maine. It is the law. $3,000. Mr. EATON. 'l'hen I make no objection. The amendment was agreea to. Mr. MORRILL, of Maine. My attention has been called to that The next amendment was in line 2199, to increase the appropriation matter from the other side. for salarj" of the chief clerk of the Solicitor of the Treasmy from Mr. EATON. Not that I do not think the committee were right in $1,800 to $2,000. proposing $4,200, but I do not desire that they should go ba.ck on their The amendment was agreed to. views of the law. The next amendment was in line 2199, to strike out "two" and in- Mr. MORRILL, of Maine. My attention has been called to it out- sert "four;" so as to read : side of the Chamber. We have made an error. We have not followed Four clerks of cl;wl four. onr own rule. The amendment was agreed to. The amendment was agreed to. The next amendment was in line 2200, to strike out "two" and in- Mr. MORRILL, of Maine. In line 247, in the apJ•ropriations of the sert "three;" so as to read : House of Representatives, 1-. move to strike out "two" and insert Three clerks of class two. "three," and strike out ''one" and insert "two;" so as to read: Three clerks in the folding-room, two at $1,500 and one at fl,200. The amendment was agreed to. The next amendment was in line 2'202, to increase the amount of I offer that on the same information. the appropriation for the force in the Office of the Solicitor of the The amendment was agreed to. .Treasury from $21,161 to. $28,060. Mr. MORRILL, of Maine. In line 253 I move to strike out "eight- The amendment was agreed to. een" and insert " twelve ;" aml after the word "dollars" in the same 'J:he next amendment was to strike ont section 2, in the following line, to insert "eleven messengers, at $1,440 each;" so as to read: 'Words: Eleven messengers, at $1,440 each; twelve messengers to be employed during the SEc. 2. That from and after the 1st day of July, 1876, the annual compensation of session, at $125 per month. clerks of class four shall not exceed $1,600 l and the au.nual compensation of clerks The amendment was agreed to. of class three shall not exceed $1,450 ; ann the annual compensation of clerks of Mr. MORRILL, of Maine. On the following page the total of the class two shn.ll not axceed $1,300. And para::n-aphs 1, 2, and 3 of section 167 of the appropriations for the House of Representatives should be changed ·Revised Statutes, or so much thereof as provides a different compensation for said clerks, anu all laws and parts of laws in conflict with the provisions of this section, in lines 267 and 268 from 209,243.20 to $221,103.20. a.re herel>y repealed. Aud tho several sums appropriated by this ·act for each of The amendment wa..:~ agreed to. the several offices and employment therein mentioned shall be the salaries and com- Mr. :MORRILL, of Maine. On page 15 in the appropriations for pensations for such offices and employments respectively from and after th~ 30th day of June, 1876. And no officer or employe of the Government shall reqmre 01· the Botanic Garden, in lines 358and 359, I move to strike out "$1,440'· request, givo to, or receive from, any other officer or employe of the same, or other and insert '' $1,600 ;'} so as to rea-d: person, directly or inclirectly, any money, property, or other thing of value, for po. For pay of superintendent, $1,600. litical purposes; anu any such officer or employe who shall offend a;rainst the pro- visions of this act shall at once be dismissed from the service of the United States, · And ill. line 362, to make the total $7,600 instead of $7,440. and also be deemed guilty of a high misdemeanor, and, on conviction thereof, Hned Mr. HOWE. · Before that total sum is agreed to I want the Senate not less than $500 nor more than t:l,OOO, and imprisoned not more than one year, at the to make one or two other amendments in the paragraph. discretion of the judge trving the case : ProtJlded, That hereafter all appointments Mr. MORRILL, of Maine. If the Senator please, we shall come of clerks of either the fourth, third, or second r,IMs shaJI bo made clerks of the ·class next below the one to which the appointment shall be made. back to that presently. 'l'he PRESIDING OFFICER. 'l'he uill will be open to amendment The amendment was agreed to. as soon as the committee have concluded their amendments. The next amendment was in section [3,] 2, to strike out all after Mr. HOWE. Yes; but I want an amendment made which may the word " same," in line 5, as follows : change this sum total. And he is hereby required to issue regulations directing a reduction of 10 per Mr. MORRILL, of Maine. We shall not object to that being acted cent. of the annuP.:l salaries of all the collectors of customs and officers employed in l!ncb service :mel their subordiuates of every grncle whose compensation exceeds on. That can be done at the samo time. $1,200 perannum; tota~e effect on and afterJufyl, 1870: Protrided, That thereduc- The amendment w.as agreed to. · 3598 CONGRESSIOl\TAL RECORD-SENATE. Jm~ 5, Mr. MORRILL, of Maine. On page 17, line 401, in the appropria-.1 Mr. MORRILL, of ~fain~. The footing should be ?,.banged in lille& tiou for t ho employe at the Executive Mansion, I move to ius<>rt 92 and 93 to correspond with that amendment, to $165,52'2.~.;0. af ter t ho word "tis iJer " t lw words "one at t he Preside.nt's door and The amendment wns agreed to. one at t husecretury's uoor." Tl.Jo purpose is to designate two ushers, Mr. SHE~MAN. I_havc. two amen.f~meJ~ts sent.to me ~rom ~be Dtl- illsteacl of two policcme11, and to describe their duttes. partment. fhe ~rst lS ~L Sl!flple mOnt was agreed to. sider the .uncertainty of the tlllle when the. bd~ will become a l~w, Mr. WINDO.M. On page 24, liue 584, in the appropriations for tho and tlte ttmc necessary to make snch consolidat1~n anI,'Teexpen!!e~ of Which reduction shall take effect on the 1st day of July, 1876, or as soon there- gaugers, for salaries of storc-kcepOI-s, anll for misceil:mcous expenses, $1,800,0; 0. after as may 00 practicable. The amendment was agrcell to. So as to read: Mr. MORRILL, of Mniue. On pn~e :l!l, in the same paragraph, Anll it shall be tbo duty of the President, and he is hereby authorized nlHl tli- after the word "hereafter" iu line 789, I move to strike out tlto rec.t.ed, to reduce thenumberofinternal-revenuetli.':ltricts to not exceeding one bun- words: dretl anll tbirts-oue1 in tile manner beretoforo provided by law, which reduction N o gauger shall receive a greater compensation than 5 per tlay ' ; and sball ticnble.take effect on tue 1st llay of July, 1876, or as soon thereafter as may bo prac- That is surplusage; tlte same thing is in the line above. Tho amendment wa.s agreed to. The amen£1ruent waR agreed to. Mr. SHER~1AN. The Senate have restored lines 800 to 804 in the Mr. MORRILL, of Maine. In line 79:1, in the same paragraph, I following words: . move to strike out tho word" said" before" compensn.tion." And sections 1359nnd 13GO of tbe Revised Statutes and a.U laws antl part.'ctionnpon supervisors are hereby conferredaudimposed upon collectors of inter- nal revenue witiliu their respective district.s. In caso of the su.<>.pensiou of a. col- It is simply a transposition of the clerks, without chn11giug the lector uncler I he power horoby conferred, tho Commissioner of Internal Revenue total. Mh:1.ll, n.'l soon thereafter as practicable, report the case t~ the Presitlcnt through the The amendment was agreed to. . Secretary of tho TreMury for such action as be may deem proper. Mr. MORRILL, of Maine. On page 55, line 1332, in the appropria- Under the-la.w now a supervisor of intermtl revenue bas the }lOwer tion for t.h e assay office at Boise City, Idaho Territory, I move to to suspend officers temporarily. That power is here conferred 011 tho strike out " $1,200 and insert" $2,500;" so as to read: Commissioner of Interna.l Revenue. The supervisors have a] so cor- For wageR of workmen, fuel, crucibles, chemicals, repai rs, and other incitlent.'ll ta.in powers of seizure. Those powers are conferred on the collector expensei!, $!,500. of internal revenue in each district. Mr. ED~1UNDS. What is your authority for it f Mr. ED.MUNDS. That is introducing distinct new legislation into !\11·. MORRILL, of Ma.iue. Express application from the Secretary. this appropriation bill. Mr. EDMUNDS. Will you please read it t Mr. cHl;RMAN. His made au8olutely necessary uy the fact that Mr. MORRILL, of Maine. 0, yes! I wns going to say that it in tho bill as it came to ns there is legislation abolishing t·he office of only arises from au omission. The legislation of Congress on tlte supervisor of internal revenue. 'fhe Senate have concurred in abolish- silver question has made it neces~ary to iucrca$ in all these places iug that office, and it is necessary to transfer tlle duties conferred on somewhat the expenditures, and this was omitted. 'fhrougltout the tltose officers to other officers. bill we have done that, but at tltis point wo did not; and since it has Mr. EDMUNDS. Then I merely say I am opposetl to both propo~i­ bcen reported my attention has been called to it by the Director of tions, for I have n.lways tried to stand up for keeping appropriation the Mint. bills free from legislation, with one not.able exception that I will not The amendment was agreed to. refer to now. I will put in my simple negative to this proposition Mr. MORRILL, of Maino. In line 1334, tho word "salaries," should and the other, too. bo changed into " salary." The PRESIDING OFFICER. Tlte question is on the amendment Tlte amendment was ag~·eed to. of the Senator from Ohio. Mr. .MORRILL, of Maino. On page 57, line 1401, in the appropria- The amendment was agreed to. tions for the Territory of New Mexico, I move to insert after the 1tlr. MORRILL, of Vermont. On page 17 an n.meudmcnt was passed word ''five" the word "hundred;" so as to read: over which has not yet been agreed to. I ask to have it amended on For salarie& of ,:tovernor, chief justice and two associate judges, secretary, and line 391 by striking out "the" and inserting "other;" and in tl.Je interpreter anti translator in tho executive office, •15,?00. same line by striking out tho words" in clta.rge of public buildings 'flte amendment was agreed to. and groun(ls;" so as to read: Mr. MORRILL, of Maine. On page 3, line 63, in the appropria- That all tbe duties relative to the Capitol building heretofore perfonned by other tious for the Senate, 1 move to strike out " two" and insert "four,·" officers shall hcreaftet· be perfonned by the architect of the Capitol, whoso office shall be in tbe CapitQl building. so as to read: And after the word "building" I move to strike out: And who shall llaYe tho appointment and direction of the employ~s connected 1 200 Four mail-carriers, at • • The ~memhneut was agreed to. therewith. 1876. CONGRESSIONAL RECORD-SENATE. 3599 Mr. MORRILL, of 1\fainc. I have no objection to that. pose an item of appropriation, :mel therefore is not opeu to a point of The PRESIDIXG OFFICER. The Clerk will report the amenu- on1cr. ment of the Committee on Appropriations as it will read -when Mr. SARGENT. I do not know tlmt I have ::my objection to tho amencle am willing, as far as I am concerned, to forego any of tha.t fancicartments. people have in the District of Columbia or some of the adjoining The amendment is recommended by the Committee on Civil Serv- Sta.tesf ice and H.etl'enchment. I cannot see any good reason -..·by we shonltl not open t.he door to Mr. ED)! UNDS. I move to ameud the amendment by adding to it all to this honorable employment and give a.U an equal chance. It i~:~ the words: . not a scramble for office that I propose; but where yon h:.weacitizeu in the State of California, or in the State of Arkansas, or some othet· And all such appointments shall be made upon a careful and impartial examina- State, who desires to enter upon this labor, give him the same chance tion of the c:mdi(h\te therefor by a board composed of not less than five persons, to be appointed by the President~ by and with the advice and consent of the Son- tha.t the individual has who is lying around Washington here. Dut ate; and the most capable and worthy of the competirors so exrunined shall be the fact of the business, if yotl get at tho facts, is that nearly all selected for such appointments. the appointees .f rom the District of Columbia came originally from This amendment, Mr. President, explains itself, in endeavoring to some of the States; but they have boen so long here that they have provide a careful scrutiny into the qualifications of persons who are become citizoJs of the District of Columbia. selected for performing clerkly duties in the civil service of the Gov- I do not think there will be any harm in carrying out t.his law, ernment, antl I hope avery Senator will vote for it. when. we make reductions, make them from those States which are 1\Ir. SARGENT. Is the original a.mendmeut liable to a point of very laTgely in excess of their qnota. I ha.ve taken the trouble to order f examine this matter somewhat. I find that the State of Maryland The PRESIDING OFFICER. The Chair thinks not. It proposes has more appointees in the Departments of the Government than no now item of appropriation. The ~hair holds that it does not pro- nearly_all the Southern States p_ut togother. It is true that there are " 3600 CONGRESSIONAL RECORD-HOUSE. JUNE 5; some few States that have more than their quota. The District of are persons competent to perform these duties in the Department, then Columbia, however, has more in the Departments than all the South- we shall be able to ascertain when we get them how few we can get ern States, or I might almost add the Western States put together. I along with and how many we can dispense with. cannot see any good reason why the people here should monopolize I think therefore the Senator from Maine ought not to be alarmed, this honorable employment. takin~ the public talk about the good things tnat ought to be done I do not say turn out; I do not say re-organize; but where you for th1s Government, in respect of this measure of the Senator from have to remove let the curtailment come from those States that have Arkansa-s with the amendment to it which I have proposed, which I more than their proportion; but do not turn out a man who is a. am glad to see no gentleman has made any objection to on its merits. · good clerk; keep him there; but if some of the States that have less than their proportion have men who are inefficient, turn them out. My friend ought not to be put in any trouble on the score that it is going to embarrass the passage of the bill. We are bouml in theory - ' That power already exists. This is not for the purpose of putting in to suppose that it will promote the passage of the bill. I ask for the men simply because they come from States that have not bad their yeas and nays on the adoption of my amendment now offered. quota, who are not qualified. No one would ask for that; but, where The PRESIDING OFFICER. The Chair wonld suggest that the everything else is equal, let this honorable labor be open to all parts Senator from Maine having moved to lay the amendment on theta- of the country alike. ble, debate is not in order except by unanimous consent. to Mr. MORRiLL, of Maine. I want say a word or two about this Mr. EDMUNDS. I ask pardon of the Chair. I thought the motion matkr, not upon the merits of it at all, but as a matter of business. was withdra.wn. If this is desirable to be enacted, it can be put upon almost any other Mr. MORRILL, of Maine. I yielded simply to allow Senators to bill of this character during the session. There are reasons, and par- address the Chair. I now renew the motion. ticular reasons, I submit to the Senate, why this Lill ought to pa,ss The PRESIDING OFFICER. The Senator from Maine insists on to-night. If it bad been considered upon objection, and aruonclment.s his motion and the enforcement of the rule. The Chair cannot rec- bad been passed over, of course I should not think of passing it to- ognize any Senator for debate. day; lmt in the way it bas Leen considered, so little, if anything hav- Mr. LOGAN. I do not wish to debate the question, but I merely ing been controverted, it seems to me if it were in t.he Senate we wish to make a. statement which I presume is well known to all Sen- could pass it to-night. If it goes over, the court intervenes to-mor- ators. The amendment propm~ed by tho Senator from Vermont is now row. We are now within less than a month of t.he end of the fiscal the law. I have no reference to the question whether the President year. We cannot afford to have the fiscal year expire with this bill has a right to appoint, but I refer to the law of 1853, by which each on our bands. Therefore we ought to get it to the House of Repre- Department is required to have a commission appointed of persons in sentatives a.t the earliest day practicable. My honorable friend from the Department for the purpose of examining all clerks who apply Arkansas I trust will be content to propose his proposition to some for an a.ppointment. That is the law and it is the rule followeu in other bill not so urgent as tills, the sundry civil, or the very ned bill each one of the Departments without extra pay for extra service. that is brought. forwaru. They are appointed in each Department and these examinations aro Mr. CLAYTON. It properly belongs here. made just as the Senator desires, except in a different form. Mr. MORRILL, of Maine. It does not properly belong to this bill. Mr. McCREERY. I move that the Senate do now adjoru·n. It is legislation. It is not an appropriation. It is as properly here as Mr. EDMUNDS. 0, no, let us stick it out. on any other bill· but I do not see that it is any more so. Mr. MORRILL, of Maine. What has become of my motion t I wish to call the attention of the Senate to this particular point. The PRESIDING Ol,FICER. The Senator from Kentucky moves Everybody will see it, and I hope the Senate will appreciate it: It has that the Senate adjourn. becoru~n absolute necessity for us to return this bill to the House The motion was not agreed to. of Representatives at the earliest period we can, so that the two The PRESIDING OFFICER. The Senator from Maine moves to Houses may confer upon the various items and upon the disagreeing lay the amendment of the Senator from Arkansas on the table. votes of the two branches at a day so early as that there shall be uo .Mr. EDMUNDS. On that I ask for the yeas and nays. hitch in the public service. To that end I will try the sense of the The yeas and nays were ordered. Senate whether they will act upon this proposition now definitely, or Mr. ALLISON. That would carry the amendment of the Senator reserve my honorable friend to some other time to present it. I move from Vermont with it. to lay the amendment on the table. Mr. MORRILL, of Maine. No, I think not. The PRESIDING OFFICER. The Senator from Maine moves to Mr. EDMUNDS. It will carry the whole thing with it. lay the amendment of the Senator from Arkansaa upon the table. The questioo being taken by yens and nays, resulted-yeas 13, nay Mr. LOGAN rose. 22 ; a8 follows : Mr. MORRILL, of Maine. If any gentleman wishes to address the YEAS-Messrs. Barnum, Cooper Cragin, Eaton, Goldthwaite, Howe, Johnston, Chair upon the amendment I will wit.hhold the motion for a moment. Jones of Nevada, Logan, McDonald, Morrill of Maine, Sargent, and Shennan-13· ~Ir. LOGAN. I merely wish to ask a question. I do not know NAYS- Messrs. A Ilison, Anthony, Bogy, Cameron of Wisconsm, Caperton, Chris· tiancv, Clayton, Cockrell, Davis, Edmunds, Hamilton, Ingalls, Jones of Florida, whether or not under the rule the new legislation which is proposed Key, McCreery, Maxey, Morrill of Vermont, Norwood, Ransom, Stevenson, Wad- by the Senator from Vermont, appointing five officers a board to be lei,;.h, and Windom-22. confirmed by the Senate, is a.n appropria.tion. It is true that no sal- ABSENT-Messrs. Alcorn, Bayard, Booth, Boutwell, Bruce, Burnside, Cameron ary is fixed, but that of course will follow afterward. Therefore it is of Pennsylvania, Conkling, Conover, Dawes, Dennis, Dorsey, Ferry, Frelin~huy. sen, Gordon, Hamlin, Harvey, Hitchcock, Kelly-. Kern:m, McMillan, Memmon, as much in the character of legislation as if it were a. direct appro- Mitchell, Morton, Oglesby, Paddock, Patterson, :Randolph, :Robertson, Saulsbury, priation. Sharon, Spencer, Thurman, Wallace, West, Whyte, Withers, and Wright-38. Mr. MORRILL, of Maine. I understood the Chair to rule that as The PRESIDING OFFICER. Thirty-five Senators have responded it does not increase an appropriation it is not out of order. to their names, which is lese than a. quorum. Mr. LOGAN. I beg the pardon of the Chair, however, if I differ Mr. PADDOCK. I move that the Senate adjourn. from him; but it is only in order because there is no salary attached The motion was agreed to; and (at five o'clock and fifty minutes to the appointment, and a salary necessarily must be attached before p.m.) the Senate adjoumed. the bill bee omes a law, anu it will be done by the conference com- mittee, I suppose. If these men nre to be confirmed by the Senate, they will have to be paid. Hence, although the salary does not ap- pear upon its face, there most be a salary attached to the appoint- ment. I insist that it is ~ncreasing indirectly the appropriation. HOUSE OF REPRESENT.ATJYES. Mr. EDMUNDS. Mr. President, I will not spend the time of the Senate in discussing the point of order, inasmuch as the Chair baa MONDAY, June 5, 1876. ruled it is in order, and that I think is obviously according to the rule; but I might say to my friend from Illinois that there is a pro- The House met a.t twelve o'clock m. Prayer by the Chaplain, Rev. vision in the statutes now, an existing law which this merely provides I. L. TOWNSEND. for carrying out, and is only a change in the manner. The President, The Journal of Saturday last was read and approved. by la.w, is now authorized to appoint a board of examiners, &c. This IDAHO CONTESTED-ELECTION CASE. merely changes that existing law and carries it out, by furnishing a Mr. HALE. I demand the regular order of business. more definite means and regulating the method by which that means Mr. HOUSE. I rise for the purpose of submitting a report from shall be applied to the service of the country. the Committee of Elections in the case of Fenn vs. Bennett. I am very glad to have the opportunity on the proposition of the Mr. HALE. Is there anything in ordet· on Monday morning except Senator from .Arkansas of bringing directly to the vote of the Senate a call of the States f the proposition I have submitted, and tha.t is one which I believe, if The SPEAKER pro tempore. No; but the gentleman from Tennes- we are to take protestations of desire for the public service, ought see rises to submit a privileged report from tho Committee of Elec- to make the bill a great deal more acceptable in the other quarters tions. to which it is to go than it will be in its present state, because the Mr. HOUSE. I move that the report be laill upon the table, and or- chief burden of the song of public men this winter ha.s been a ref- dered to be printed, merely asking now that the resolutions accom- ormation of the civil departments of the Government. It has been panying the report be reacl. stated that the service was badly performed by too many persons and The Clerk read as follows: at too large salaries, and all that sort of thing. Now, if we can pro- Resolved That T. W. Bennett was not elected, and is not entitled, to a seatin the pose to the other branch of the Legislature a measure which provides House of Representatives of the Forty.fourth Congress as a Delegate from tlle Ter· tn a olcar and semible way for ascertaining in a definite manner who ritory of Idaho. . r 1876. CONGRESSIONAL RECORD-HOUSE. 360l ~solved, That S. S. Fenn was elected, and is entitled, to a. seat in the B;onse of NUMBER OF ME?t:IBERS OF HOUSE OF REPRESENTATIVES. Representatives of the Forty-fourth Congress as a Delegate from the Terntory of Idaho. Mr. WHITE also introduced a bill (H. R. No. 3650) reducing the The motion was agreed to; and the report was laid on the table, number of members of the House of Representatives to two hundred, and ordered to be printed. and for other purposes; which was read a first and second time, re- MORNING HOUR. ferred to the Committee on the Judiciary, and ordered t.o be printed. The SPEAKER p1·o tempore. The regular order being call~d for, JAMES L. CAIN. the morning hour now begins at twelve o'clock and fifteen mmutes; Mr. McFARLAND introduced a bill (H. R. No. 3651) for the relief and this being Monday, the first business in order is the call of the of James L. Cain, administrator of Hugh Cain, deceased, late of States and Territories, beginning with the State o.f Maine, for the in- Hawkins County, Tennessee; which was read a first and second time, troduction of bills and joint resolutions for refere~ce to their a~pro­ referred to the Committee of Claims, and ordered to be printed. priate committees, not ~o be brought b~k on motwns to reco~s1d~r. Under this call memorials and resolutiOns of State and terntonal JAl\IES L. IDGH. Legislatures may be presented for reference and printing. Mr. CAULFIELD introduced a bill (H. R. No. 3652) for the relief BENJAMIN F. RICE'S HEIRS; of James L. High; which was read a first ~d second time, referred to the Committee on Expenditures in the Department of Justice, and Mr. JOYCE (by requeSt) introduced a bill (H. R. No. 3637) author- ordered to b~ printed. izino- the extension of letters-patent to the heirs of Benjamin F. Rice, A. B. GREENWOOD. anl'for other purposes; which was read a first and second time, re- ferred to the Committee on Patents, and ordered to be printed. Mr. MORGAN introduced a bill (H. R. No. 3653) for the relief of A. B. Greenwood, of Barry County, Missouri ; which was read a first BUREAU OF EDUCATION. and second time, referred to the Committee on Indian Affairs, ancl or· Mr. CUTLER introduced a bill (H. R. No. 3638) authorizing the Bu- dared to be printed. reau of Education to occupy the "Armory" and making an appropri- WILLI.UI F. RUSSELL. ation for the repair and refitting of the same; which was read a first Mr. FINLEY introduced a bill (H. R. No. a654) to relieve William and second time, referred to the Committee on Education and Labor, F. Russell, of Florida, of political disabilities; which was read a first and ordered to be printed. and second time, referred to the Committee on the Judiciary, and or- JAMES W. J. MOORE. dered to be printed. Mr. HENKLE introduced a bill (H. R. No. 3639) for the relief of 1\IA~Y JA!'."E VEAZIE. James W. J. Moore, late of Saint Mary's County, Maryland; which Mr. CATE introunced a bill (H. R. No. 3655) for the relief of Mary was read a first and second t-ime, referred to the Committee on War Jane Veazie; which was read a first and second time, referred to the Claims, and ordered to be printed. Committee on War Claims, and ordered to be printed. JOSEPH FORREST. HORACE K. DRAKE. Mr. HENKLE also introduced a bill (H. R. No. 3640) for the relief Mr. KIMBALL introduced a bill (H. R. No. 3656) for the relief of of Joseph Forrest, of Saint Mary's County, M~rylaud; which ~as Hora-ce K. Drake; which wa-s read a first anu second time, referred read a first and second time, referred to the Comm1ttee on War Claims, to the Committee on Foreign Affairs, and ordered to be printed. and ordered to be printed. WESTERN CHEROKEES. C. N. ll'ELTON. Mr. VANCE, of North Carolina, introduced a bill (H. R. No. 3641) Mr. PIPER introduced a bill (H. R. No. 3657) for th~ relief of C. N. to refer the claim of the Western Cherokees, or "old settlers," to Felton, late asaistan t treasurer of the United States at San Francisco; the United States Court of Claims for adjudication; which was read which was read a first and second time, referred to the Committee of a first and second time, referred to the Committee on Indian Affairs, Claims, and ordered to be printed. and ordered to be printed. J, E. REDFIELD. INTERNAL REVENUE, Mr. GOODIN introduced a bill (H. R. No. 3658) for the relief of J. Mr. DURHAM: introduce{! a bill (H. R. No. 3642) to amend article E. Redfield, late receiver of public moneys at Humboldt, Kansa-s; 3, section 3244, chapter 3, of the Revised Statutes, title 35, internal which was read a first and second time, referred to the Committee on revenue; which was read a first and second time, referred to the Appropriations, and ordered to be printed. Committee of Ways and Means, and ordered to be printed. PROPERTY OF INDIANS DESTROYED DURING LATE WAR. SI8KING FUND. Mr. GOODJ;N also introduced a bill (H. R. No. 3659) to authorize the Mr. DURHAM also introduced a bill (H. R. No. 3643) to amend sec- President of the United States to appoint a commission to ascertain tion! of an act approved March 3, 1875, entitled "A.n act to further the amount and kind of prop{}rty and effects belonging to the Indians protect the sinking fund and provide for the expenses of the Govern- of the Indian Territory, and the value of the same, used, lost, ancl de- ment;" which was read a first and second time, referred to the Com- stroyed during and on acconp.t of the late war of the rebellion; which mittee of Ways and Means, and ordered to be printed. was read a first and second time, referred to the Committee on Indian MRS. SARAH B. M1CAMPBELL. Affairs, and ordered to be printed. Mr. CLARKE, of Kentucky, introduced a bill (H. R. No. 3644) to WILLIAM FUDGE. re-imburse Mrs. Sarah B. McCampbell, of Jessamine County, Ken- Mr. JACOBS introduced a bill (H. R. No. 3660) forthe relief of Will- tucky, for the payment of a succession tax erroneously assessed and iam Fudge, by confirming his title to lands in Wa.."'hington Territory; collected; which was read a first and second time, referred to the which w·as 1·ead a first and second timo, referred to the Committee Committee on Appropriations, and ordered to be printed. on Private Land Claims, and -ordered to bo printed. CA.PTAL.~ LEWIS SOWARDS. The SPEAKER p1·o tempore, (Mr. Cox.) The call of States and Ter- Mr. WHITE introduced a bill (H. R. No. 3645) for the benefit of ritories for bills on leave and joint resolutions for reference has now Captain Lewi~ Sowards, of Pike County, Kentucky; which was read been completed. a first and second time, referred to the Committee on War Claims, CANNON FOR MONUMENTAL PURPOSES. and ordered to be printod. Mr. HARRIS, of .M:assacbnse•t.s, by unanimous consent, introduced IRA WELLS. a bill (H. R. No. 3661) donating cannon for monumental purposes to Mr. WHITE also introduced a bill (H. R. No. 3646) granting an in- Post No.3, Grand Army of the Republic, of Taunton, Massachusetts; crease of pension to Ira Wells ; which was read a first and second time, which was read a first and second time, referred to the Committee on referred to the Committee on Invalid Pensions, and ordered to be Military Affairs, and ordered to be printed. ' printed. HARMAN COLLEY. ORDER OF BUSINESS. Mr. WHITE also introduced a bill (ll. R. No. 3647) to remove the Mr. BOONE. I move that the rules be suspended-- charge of desertion against Harman Colley; which was read a first The SPEAKER p1·o tempore. The morning hour ha-s uot yet expired, and second timo, referred to tho Committee on Military Affairs, and The next business of the moruino- hour on Monday is the second call ordered to be printed. of States and Territories for resoYutions, at which time bills on leave MONEY-ORDER OFFICES. may be introduced, and all resolutions which shall give rise to debate shall lie over for discussion. The call rests with the State of New Mr. WHITE also introduced a bill (H. R. No. 3648) establishing a York; and the unfinished business under this call is the I'esolution of money -order offico in the post-offioe at every county seat in the several the gentleman from New York [Mr. ADAMS] which.was pending at States of the United States; which was read a first a.nd second time, the expimtion of the morning hour on Monday last, the vote order· refenod to tho Committee on the Post-Office and Post-Roads, and ing the main question having been reconsidered on the motion of the ordered to be printeu. gentleman from lllinois, [Mr. MoRRISON.] The Clerk will read the DISABILITY PENSIONS. resolution. Mr. WIIITE also introduced a bill (H. R. No. 3649) repealing section TARIFF LEGISLATION. 4698! of the United States Statutes at Large, and providin~ that an The .Clerk read the preamble and resolution offered by Mr. ADAMs, rncrease of pe-nsion shall date from the existence of the disability; as follows: which wa-s read a first and second time, referred to the Committee on Whereas the fact is apparent that all branches of manufacturing, mechanical, Invalid Pensions, and ordered to be printed. and mining 1>ursuits are at this time greatly depressed, and that aU legislation IV-226 3602 CONGR,ESSIONAL RECORD-HOUSE. JUNE 5, which tends to emb~rrassmel?-t _by the un~ettling of vn!u~ or th~ rende~~g ~f man- which was read a first and second time, referred to the Committee on ufacturing, mechamcal, or nnrung opemti(}ns uncertain IS unw1se and lDJUdieious: Education and Labor, and ordered to be printed. Therefore, . . . Resolved, That in the judgment of this House legislation affecting the tarifl' 18 at SURVEY OF PUBLIC LANDS. this time inexpedient. Mr. WALLING introduced.'1 bill (H. R. No. 3665) to regulate the Mr. MORRISON. I move the reference of that resolution to the survey of the public lands in those portions of the United States where Committee of Ways and Means, and on that I demand the previous irrigation is necessary for agriculture; which was read a first and question. second time, referred to tile Committee on Public Lands, and ordered Mr. COCHRANE. I call for the reading of the resolution again. to be printed. The Clerk again read the resolution. LIZZill F. RIED. The question was on seconding the demand for the previous ques- tion; and, being put, the previous question was seconded. Mr. RICE introduced a bill (H. R. No. 3666) granting a pension to The quest-ion recurred upon ordering the main question to be put. Lizzie F. Ried, widow of William F. Ried, late serge~t Company D, Mr. ADAMS and Mr. TOWNSEND of New York called for the yeas Thirteenth United States Infantry; which was read a first and sec- and nays. ond time, referred to the Committee on Invalid Pensions, and ordered The yeas and nays were ordered. to be printed. Mr. KASSON. I ask the mover of that resolution to modify it. REPEAL OF RESU~1PTION ACT. The SPEAKER pro tempore. Debate is not in order. Mr. NEAL. I introdnce a bill to repeal the resumption act, upon Mr. KASSON. I am not debating; I ask him to modify it by in- wllich I call the previous question. sertiuet the word "proposed" before the word "legislation;" so as to The bill, which WM read, proposes to repeal the act entitled "An make it read "that in the judgment of this House the proposed legis- act to provide for the resumption of specie payments," approved Jan- lation affecting the tariff is at this time inexpedient." nary 14, 1875. Mr. ADAMS. I aru williug to modify it in that way. The question was taken upon seconding the call for the previous .Mr. KASSON. I construe that to be the meaning of it now. question, and npon a t:it·a voce vote the Speaker pro tempore ann01mced The SPEAKER pro tempore. The previous question is now opera- that the ayes appeared to have it. ting on the motion for reference, and no modification is in order. Mr. KA.~SON. I do not think this bill is distinctly understood. I The question was taken; and there were-yeas 116, nays 99, not ask that it be again read. voting 73; as follows : The })ill was again read. YEAS-Messrs. Ainsworth, Anderson, Atkins, John H. Bagley, jr., John H. Mr. KASSON. I raise the point of order on this bill that no notice Baker, Banning, Blackburn, Bland, Blount, Boone, Bradford, Bri.e-ht, John Young of its introduction has been given, and that it is not now in order to Brown, Buckner, Horatio C. Burchard, Samuel D. Burchard, Cabell, John H. Ca!arsons, Payne, Mr. HOLMAN. The bill has been read the second time. John F. Philips, Piper, Poppleton, Re:1, Ren.gan, Rice, Riddle, Savage, Sayler, The SPEAKER pro tempore. The Chair has ruled upon the. point Scales, Seelye, Sin~leton, Slemons, William E. Smith, Southard, Sparks, Springer, of order. Tarbox, Ten·y. Thomas, Throckmorton, Robert B. Vance, Gilbert C. Walker. War- ren, Erastus Wells, Whiting, Whittborne, Wigginton, Wilm, James D. Williams, Mr. WOOD, of New York. I wou1d suggest to the Chair that his Jeremiah N. Williams, Willis, Fernando Wood, and Yeate.s-116. predecessor in the last Congress held that under the second call of NAYS-Mes rs. Adams, George A. Bagley, William H. Baker, Ballou, Blaine, States during the Il¥)rning hour of Monday, when resolutions artl Blair, Bradley, William R. Brown, Burleigh, Cason, Caswell, Clymer, Cochrane, called for, a member having the -right to offer n. resolution could in- Collins, Crapo, Crounse, Cutler, Davy, Denison, Dunnell, Eames, Evans, Freeman, Frost, Garfield, Hale, Haralson, Haruenbergh, Benjamin W. Harris, Hathorn, Hen· troduce a bill for immediate action without previous notice. dee, Henderson, Hoar, Hoge, Hopkins, Hoskins, Hunter, Hurlbut, Jenks. Joyce, Mr. HALE. On the contrary, I think it is very clear that the rul- Kasson, Kelley, Kimball, Ring, Lapham, Lawrence, Lynch, Edmund W. 11. Mackey, ing of the Chair was always the other way; that upon this second Magoon, Maish, MacDougall, McCrary, Miller, Monroe, Mutchler, Nash, Norton, call of States previous notice was always required when the point was Oli•er, O'Neill, Packer, Page, William A. Phillips, Pierce, Plaisted, Platt, Potter, Powell, Pratt., Rainey, John Reilly, John Robbins, Robinson, Miles Ross, Sampson, made. Sheakllly1 Sinnickson, Strait, Stenger, Stone, Stowell, Teese, Thornburg?\, Martin L Mr. WOOD, of New York. The gentleman from Maine [Mr. HALE] Townsend, Washington Townsencl, Tufts, Van Vorhcs, Waldron, Charles C. B. himself held the latter part of the morning hour of Monday for neal'ly Walker, Alexander S. Wallace, John W. \Vallace, Walsh, G. Wiloy Wells, White, • Willard, Andrew Williams, Charles G. Williams, William B. Williams, Alan Wood, the whole of one session of the last Congress by a bill introduced jr.. and Woodworth-99. under this call. NOT VOTING-Messrs. Ashe. Bagby, Banks, Bass, Beebe, Bell, Bliss, Chitten- Mr. HALE. In regard to which I took good care to give notice, so den, Conger, Cook, Cowan, Cox, Danford, Dan-all, Davis, Dobbins, Durand, E.rrbert, that I should not be tripped up by a point of order. Ellis, Ely, Faulkner, Fort, Foster, Fryo, Gibson, Goode, Andrew H. Hamilton, Henry R. Harris, AbramS. HeWitt, Hubbell, Hyman, :Frank Jones, Ketcham, Mr. HOLMAN. I submit that notice of this bill has already been Fra:1klin Landers, George M. Landers, Leavenworth, Lord, Lynde, L. A. Mackey, given; it was not required that it should be given by the gentleman McMahon, Money, New, Phelps, Purruan, Randall, James B. Reilly, William M. from Ohio, [Mr. NEAL.] Robbins, Roberts, Sobieski Ross, Rusk, Schleicher, Schumaker, Smalls, A. Herr The SPE.A.KER pro tempore. The rule, which the Chair will read, Smith, Stevenson, Swann. Thompson, Tucker, Turney, John L. Vance, Waddell, Wait, Walling, Ward, Wheeler, Whitehouse, Alpheus S. Williams, James Will- is this, to be found on page 154 of the Digest: iams, Wilshire, Benjamin Wilson, James Wili!on, Woodburn, and Young-73. In the case of a bill introduced by a motion for leave, at least one day's notice shall be given of the motion in the House, or by filing a memorandum thereof with So the motion to refer was agreed to. the Clm·k, and having it ent.erod ou the Jonrn:tl, and the motion shall be made and During the roll-call the following announcements were made: tho bill introduced, if leave is given, when resolutions are called for; such motion, Mr. ATKINS. My colleague, Mr. Yo.UNG, is necessarily absent from or the bill when introduced, may be committed. the House. The only question is whether it is too late to raise the point of Mr. CABELL. My colleagues, Mr. GOODE and Mr. TUCKER, are ab- order. The Chair rules that the point of order is in time. sent by lea-ve of the House; if hero they would vote "ay." Mr. HOLMAl'i. This same bill was offered before. · Mr. HARTRIDGE. My colleague, Mr. CooK, is absent by leave of Mr. .MORRISON. Tllis bill was never offered before. the House on account of sickness. · Mr. HOLl\fAN. I appeal from the decision of the Chair. Mr. DURAND. Upon this question I am paired with my colleague, Mr . .MORRISON. I move to lay the appeal on the table. Mr. CoNGER, who is absent by order of the House, and I also desire The question wafS taken upon laying the appeal on the table, and to say that my colleague, Mr. .A.. S. WILLIAMS, is also absent by leaveit was agreed to upon a division-ayes 134, noes 35. pf the House. • Mr. WILLIAMS, of Iudiana. I wonld ask the Chair if the attempt M~. HURLBUT. I wish to state that my colleague, Mr. FoRT, is to introduce this bill this morning will be regarded as notice for its ~bsent by leave of the House. introduction next Monday Y '!'he result of the vote was then annmmced as above recorded. '!'he SPEAKER p1·o tempm·e. The Chair will examine the question r.j.'p.e Sf~R pro tempore proceeded with the second call. and decide when it arises, and consult with the gentleman from In- JAMES DICKSON. diana on the subject. PERSONAL EXPLANATION, ¥f. T~ESE. introduced a bill(H. R.No.3662)fortherelief of James Dickson ; wtUc~ w~s read a P.rst and second time, referred to the Com- Mr. BLAINE. If the morning hour has expired, I will rise to a. mittee of Claims, ~md prder~4 to pe printed. question of privilege. The SPEAKER p1·o terupm·e. The morning hour has expired. ~l\~ ~ ~A?IISE"f. Mr. BLAINE. Mr. Speaker, on the 2d day of May this 1·esolution Mr. ROBBINS, of Pennsylvania, introduced f1 bill (R. R. No. 3663) was passed by the House : granting a pension to Emma .A. Ramsey; whjch "'Yas read a :first and Whereas itis publicly alleged, a.ncl is not denied. by the officers of the Union Pa.oifie second time, referred to the Committee on Invalid Pensions, and or- Railroad Company, that that corporation did, in the year 1871 or 1872, become tbe dered to be printed. owner of certain bonds of t-he Little Rock and Fort Smith Railroad Company, for which bonds the said Union Pacific Railroad Company paid aeon ideration largely GRANT OF LANDS FOR EDUCATIO:&AL PURPOS~S. in excess of their actual or marltet value, and that the board of directors of saiu Union Pacific Railroatl Company, though urged, have neglected to investigate sald tr-.ms- Mr. HARALSON introduced a bill (H. R. No. 3664) granting the action : Therefore, pwc~ds of public lands of the United States for educational purposes; Be it resolved, That the Commitroe on the .rudioiary be instructed to inquire if any 1876. CONGRESSIONAL RECORD-HOUSE. 3603 such transaction took Jlla.ce, and, if so, what were the circumstance>~ and induce- from Virginia how he deduced his power. Well, he said it would take ments thereto, from what person or persons said bonds were obtained and upon what three months t.o go through the whole matter, but in about three consideration, antl whether the transaction wa.<> from corrupt design or in further- ance of any corrupt object; and that the committee have power to send for persons months it would reach this point, and tha.t he might as well hegin on me andpapel'l:l. · right there. Well, he began; and three witne~ses testified precisely That resolution on its face, and in its fair intent, was obviousl~T what the circumstances were. I had no sooner got through with that, designed to find out whether any improper thing had been done by than I was advised that in another part of the Capitol, without the tho Union Pacific Railroad Company; and of course, incidentally slightest notice in the world being given to me, with uo monition, no thereto, to find out with whom the transaction was made. The gen-- warning to me, I was being arraigned before a committee known us tleman who offered that resolution offered it when I was not in the the Real Estate Pool Committee, which was origiua1ly orgauizerl to House, and my colleague, [Mr. FRYE,] after it wa.s objected to, went, examine into the affairs of the estate of Jay Cooke & Co., and whose to the gentleman and stated that he would have no objection to it, as powers were enlarged on the 3d day of .April by the following resolu- he knew I would not have if I were present in the House. The gentle- tion: man from Massachusetts, [Mr. TARBOX,] to whom I refer, took especia] Whereas, on the 24th day of .January, A. D. 1876, the House adopted the follow- pains to say to my colleague that the resolution was not in any sense ing resolution : aimed at me. The gentleman will pardon me if I say that I hacl a slight "Resolved, That a special committee of five members of this House, to be selected incredulity upon that assurance given by him to my colleague. by the Speaker, be appointed to in9.uire into tho natme and history of said real- estate pool and tho character of srud settlement, with the amount of l?roperty iu- No sooner was the subcommittee designated than it became en- \"Olved, in which .Jay Cooke & Co. were intereste1L, and the amount pmd or to be tirely obvious that the resolution was solely and only aimed at me. paid in settlement, with power to send for persons an1l papers anu report to tllis I think there had not been three questions ask~d until it was obvious House: " Therefore, · that the investigation was to be a personal one upon me, and that the Be it resolved, That said committee be further authorized and directed to likewi~:~e investigate any and all matters touching the official misconduct of any officer of Union Pacific Railroad or any other incident of the transaction was the Government of the United States or of any member of the present Congress of secondary, insignificant, and unimportant. I do not complain of the United States which may come to tho knowledge of said committee: H·uvided, that; I do not say that I had any reason to complain of it. If the That this resolution shall not affect an.v such matter now being investigatecl by any investigation was to be made in that personal sense, I was ready to other committee under authority of either Hoose of Congress; and for this purpose said committee shall have the same powers to send for persons and papers as con- meet it. fen·ed by said original resolution. The gentleman on whose statement the accusation rested, Mr. Har- rison, was :first called. He stated what he knew from rumor. Then They began an investigation which I am credibly informed, and I there were called Mr. Rollins, Mr. Morton, and Mr. Millard from think the chairman of that committ.eti will not deny, was specifica11y Omaha, a GoYornment director of the Union Pacific road, and finally aimed at me. I had no notice of it, not the remotest; no opportunity Thomas A. Scott. The testimony was completely and conclusively to bo confronted with witnesses. I had no idea that any such thing in disproof of the charge that there was any possibility that I could was going on, not the slightest. So that on three distinct charges I have had anything to do with the transaction. was being investigated at the same time and having no opportunity I expected (and I so stated to the gentlema,n from Virginia, the hon- to meet any one of them; and I understand, though I was not pres- ora.b1echairmanofthesubcommittee)thatlshouldhaveanearlyreport; ent, that the gentleman from Virginia has this morning introduced a but the case was prolonged ancl prolonged ancl prolonged; and when 1a.st fourth, to find out something about the Kansas Pacific Railroad, a week the witnesses had seemed to be exhausted, I was somewhat sur- transaction fifteen years old if it ever existed, and has summoned prised to be-told that the committee would now turn to investigate numerous witnesses. a transaction of the Northern Pacific Railroad Company on a news- Mr. HUNTON. What was the statement the gentleman just madet paper report that there had been some effort on my part with a friend I did not fully understand it. in Boston to procure for him a share in that road, which effort bad lrlr. BLAINE. T~at an investigation has been set on foot by the proved abortive, the money having been returned. I asked the hon- gentleman, aimed at me, in regard to the Kansas Pacific Railroad, orable gentleman from Virginia on what authority he made that m- and that witnesses have been summoned on that question, the trans- yestigation-not that I cared about it; I begged him to be assured I action out of which it grew being fifteen years o]d. did not; and the three witnesses that he called could not have been Now, I say-and I state it boldly-that, under these general powers more favorable to me within any possibility. But I wanted to know to investigate Pacific railro~ds and their transactions, the whole en- on what authority I was to be arraigned before the country upon an ginery of this committee is aimed personally at me; and I want that investigation of that kind; and a resolution offered in t.his House on to be understood by the country. I have no objection to it; but I the 31st of January by the gentleman from Califoruia [Mr. LUTTRELL] want you by name to organize a committee to investigate JAMES G. was read a.s the authority for investigating that little transaction in BLAINE. I want to meet the question squarely. That is the whole Boston. I ask the House to bear with me while I read a somewhat aim and intent; and the gentleman from Virginia and the gentle- lengthy resolution: man from Kentucky [Mr. KNoTI] will pardon me for saying that· Whereas the several railroad comJ>anies hereinafter namecl, to wit, the Northern when this investigation was organized I felt that such was the whole Pacific, the Kansas Pacific, the Uruon Pacific, the Central Branch of the Union purpose and object. I will not further make personal references; for Pacific, the Western Pacific, the Southern Pacific, the Sioux City amlPacific, the I do not wish to stir up any blood on t.his question; but ever since a Northern Pacific, the Texas and Pacific, and all Pacific roads or branches to which certain debate here in January it has been known that there aro bonds or other subsiclies have been granted bytheGovernmoot, havereceivedfrom the United States, under the a.ct of Congress 'of .Jnlv 1, 1862, the act March 3,.1874, gentlemen in this Hall whose feelings were peculiarly exasperated antl the several acts amendatory thereof, money subsidies amounting t.o over $64,· toward me. And I beg the gentleman from Kentucky, the chairman 000,000, land subsidies amounting to over 220,000,000 acres of the public domain, of the Judiciary Committee, to remember that when this matter af- bond subsidies amounting to - -, and interest amounting to$--. t{) aid in the fecting me went to his committee, while there were seven democratic construction of their sevtlral roada; and whereas it is but just and proper that the Government and people should understand the status of such roads and the dispo- members of that committee, he took as the majority of the subcom- sition made by such companies in the construction of their roads of the subsidies mittee the two who were from the South and had been in the rebel gmnted by tho Government: Therefore, army. Be it resolved, That the .Judiciary Committee be, and are hereby, instructed and authorized to inquire into and report to this House, first, whether the several rail- ~Ir. KNOTT. Will the gentleman allow me one word T road companies hereinbefore named, or any of them, have, in the construction of Mr. BLAINE. .Af-ter a moment; [ have not a great deal of time. their railroads and telo:,rraph lines, fully complied with the requirements of law Mr. KNOTT. As the gentleman has made an insinuation, I profcr granting money bonds, and land subsicfies to aid such companies in the construc- to answer it now. tion of their raihoads and telegraph lines; second, whether the several railroad companies or any of them have formed within themselves corporate or construc- Mr. BLAINE. Very well. tion companies for the purpose of subletting to such corporato or construction com- Mr. KN01vr. These railroad investigations were referred to that P.anies contracts for building and equipping said roads or any TJOrtion thereof, and, committee before I ever heard the gentleman's name insinuated in if so, whether the money, land, and bond subsidies grantetl hythe Government have connection with them; and I will say furthermore that I had no act or been properly applied by said compailles or any of them in the construction of their road or roads; third, whether the several railroatl companies or any of them have part in instituting any investigation implicating the gentleman at all. forleited their laud subsidies by failio~ to construct antl equip their road or roads Mr. BLAINE. Then when the invest.igation began, the gentlema.n or any portion of them as re()uired hy law; and, fomth, that, for the furpose of from Virginia who conducted it insisted under t.hat resolution, which making a thorough invest!ga tion of the several Paci fie railroads or any o them, the was obviously on its face limited to the se~nty-:five thousand dollar Judioinry Committee shall have foil power to send for persons and pa.pers, and, after thorough investigation shall have been made, shall report to this llouse such transaction-the transaction \vith the Union Pacific Railroad-he in- measure or mll as will secure to the Government fnll indemnit.y for all losses occa- sisted on going into all the affairs of the Jl'ort Smith Railroad as inci- sioned by frauclnlent transactions or negligence on the part of said milroa.d com- dental thereto, and punned that to such an extent that finally I had my- panies or any of them, or on the part of any corporate or cor:struction company, in self through my colleague, Mr. FRYE, to take an appeal to tho whole the oxpt~mlitures of moneys, bond><, or interest~ or in the disposition of land donated by the Government for the construction of tho roads or any ot them or any portion committee, and the committee decided that the gentleman bad no right thereof, and foc the non-payment of interest lawfully due"the GoYernment, or any to go there. But when he came baok and resumed the examination ho other claim or claims the United States may have against such railroad company began again exactly in the same way, and was stopped there and then or companies. by my colleague who sits in front, not as my attorney, but as my Now, that resolution embraces a very wide scope. It undoubtedly friend. ()mbraces a groat many things which it is highly proper for the Gov- When the famous witness Mulligan came here loaded with infor- o:rnmont to look into; but I think the gontlernan from California who mation in regard to the Fort Smith roa{l, the gentleman from Vir- offered that resolution will bo greatly snrpnsed to :find that the first ginia drew out what he knew had no reference whatever to the movement mado under it to investigate what the Northern Pacific question of investigation. He then and there illsiRted on all of my Railroad Company has done wa-s to bring the who]e force of that reso- private memoranda. being allowed to be exhibited by that man in lution to find out tho circumstn.nces of a little transaction in Boston reference to business that had no more connection, no more relation, which noYer became a transaction at all. I asked the ge:!i.tleman 110 more to do with that investigation than with the North Pole. 3604 CONGRESSIONAL RECORD-HOUSE. JUNE 5, And the gentleman tried his best, also1 though I believe that has letters.] There is the very original package. And with some sense been abandoned, to capture and use and control my private corre- of humiliation, with a mortification that I do not pretend to conceal, sponclence. This man had selected out of correspondence running over with a sense of outrage which I think any man in my position would a great many years letters which he thought would be peculiarly feel, I invite the confidence of 44,000,000 of my countrymen whilt~ I damaging to me. He came here loaded with them. He came here read those letters from t.his desk. [Applause.] for a sensation. He came here primed. He came h ere on that par- The SPEAKER pro tlmt]JOte. The doorkeepers will enforce·the rule. ticular en-and. I was advised of it, and I obtained those letters un- Mr. BLAINE. I beg gentlemen who are my friends to make no der circumstances which have been notoriously scattered tluoughout manifestation. the United States, and are known to everybody. I have them. I The SPEAKER pro tlmtpm·e. The Chair has directed the doorkeep- claim I have the entire right to those letters, not only by natural ers to enforce the rule, and to remove from the Hall persons who .are right, but upon all the precedents and principles of law, aw the man not entitled to its privileges who are making these manifestations. who held those letters in possession held them wrongfully. The com- Mr. KELLEY. I desire to say, l\Ir. Speaker, that so far as my !)b- mittee that attempted to take those letters from that man for use servation extends the applause was within the bar of the House. against me proceeded wrongfully. They proceeded in all boldness to The SPEAKER 11ro tempo1'e. The doorkeepers are authorized to a most defiant violation of the ordinary private and personal rights remove from the Hall any persons who violate its privileges. which belong to every American citizen, and I was 'villing to stand Mr. BLAINE. Now as regards many of these letters I have not the and meet the Judiciary Committee on this floor. I wanted them to slightest feeling in reading them. Some of them will require a little introduce it. I wanted the gentleman from Kentucky and tho gen- explanation. Some of them may possibly, as I have saitl, involve a tleman from Virginia to introduce that question upon this floor, but feeling of humiliation. But I would a great deal rather take that they did not do it. than take the evil surmises and still more evil inferences which might Mr. KNOTT, (in his seat.) I know you djd, be drawn if I did not act with this frankness. Mr. BLAINE. Very well. The first letter I shall read, marked "private and personal," is as Mr. KNOTT. I know you wanted to be made a martyr of. follows: [Laughter.] [Private and personal. I Mr. BLAINE. And yon did not want to, and there is the difference. .AuGUSTA, MAlliE, August 31, 18i2. [Laughter and applause.] I go a little further: you did not dare to. MY DEAR MR. FISHER: I have been absent so much of late that I did not receive Mr. KNOTT. We will talk about that hereafter. your last letter until it was several days old. When I last wrote you I was expect- Mr. BLAINE. I wanted to meet that question. I wanted to in- mg to be in Boston on a political conference about this time, but I found itimpOi'l· voke all the power you bad in this House on that question. sible to be there, and it is now impossible for me to leave here until aft('r om eloo. tion, which occurs Montlay w~~· the 9th. I will try to meet you at tile Parker ~h. HAMILTON, of New Jersey. I rise to a question of order. Is House on the lOth or 11th, availing myself of tho first possible moment for that this lan!Yuage parliamentary f purpose. . Mr. BLAINE. Yes; entirely so. [Laughter.l I cannot, however, allow a remark in your letter to pass without comment. You say that you have been trying- to get a sett.lement with me for :fift.een months. you Mr. HAMILTON, of New Jersey. I do not aSk the gentleman. I have been tryin~ to induce me to comply with certain demands which you made ask the Speaker. I call the gentleman to order. upon me, without taking into account any claims I have of a counter kind. T\1\s The SPEAKER pro tempore. The gentleman will state his point of does not fill my idea oi a settlem-ent, for a settlem~nt must include both sides. order. No person could be more anxious for a settlement than I am , and if upon om next Mr. HAMILTON, of New Jersey. I want to know whether it is in interview we cannot reach one, why then we try other means. But my judgment is that I shall make you so liberal an offer of settlement that order for one ge~tleman on this floor to say to another he da,re not do you cannot possibly refuse it. . so and so¥ .As one of the elements which I wish to take into a.ccount is the note of $10,000 The SPEAKER pro t~mp01·e. The gentleman from New Jersey calls given you in 1863 for Spencer stock, I desire that you will furnish me with tho the gentleman from Maine to order, an~l under the rules the gentle- 1terus of interest on that 'llOtc. M.v impression is that when that note was con- solidated into the large note, which you will still hold, that you did not charge man from Maine will be seated, and if there be objectionable words, me full interest, possibly omitting ono or two years. they will be taken down. I will be obliged if lou will give me information on this point, for I intend to ~h. KASSON. I wish to say the point of order is simply to the use submit to you a. full an ex}Jlicit basis of settlement, and in making it up it is nec- essary that I should have this information. Please send it as promptly as you of the second person, and I hope gentlemen on both sides will use the may be able to give it to me. third person. In haste, very truly yours, Mr. BLAINE. I did not. J. G.BLAThTE. WARREN FISHER, Jr., Esq. Mr. KASSON. You said "you." 'l'he SPEA.KERpt·o tempo1'e. The Chair will say to gentlemen who There is an allusion there to Spencer stock. I took t.his letter up have the privilege of the House, that this display of cheering is en- first because! wish t,o make an explanation as to that. In the month . tirely out of order. of November, 1831, I was summoned to Boston by a telegram to meet Mr. BLAINE. It never ought to be done, and never haa been done l\1r. Fisher and another gentleman on some urgent business. I imme- so much as during-this Congress. diately responded. On getting there I found that they wer6 the pro- The SPEAKERp·rotempore. The Chair·wm enforce the order, and prietors of a newly-invented rifle. The other gentleman was Mr. the doorkeepers will assist the Chair, ancl, if necessary, the Sergeant- Ward Cheney, of Connecticut, recently deceased, well known for his at-Arms under tbe mles will assist the doorkeepers. The gentleman eminence in the silk manufacture, and a gentleman of great wealth from Maine will now proceed in· order. • and high character. One of the ingenious mechanics in his employ Mr. BLAIIVE. I repeat, the Judiciary Committee I understand haYe named Spencer had invented a repeating rifle. It had been tested in abandoned that issue against me. I st.ood up and declined not only various private ways, but it had not received the official sanction of on the conclusion ·of my own mind, but by eminent legal advice. I the Government. They had employed various persons to como to Wash- was standing behind the rights which belong to every American cit- ington during the summer of ldt:il, the first of the war; but these va- izen, and if they wanted to treat the question in my person anywhere rious agents reported, and these gentlemen so reported to me, that what in the legislative halls or judicial halls, I was ready. Then there they called a gun-ring in Washington were so close and were so pow- went forth everywhere the idea aud impression that because I would erful that they could not get an opportunity to bring that new ami not permit that man or any man whom I could prevent from holding to the attention of the Secretary of War,·the present venerable Sen- as a menace over my head my private correspondence there must be ator from Pennsylvania, and they asked me if I thought I could do something in it most deadly and destructive to my reputation. I iii. That was two years and more before 1 entered Con~ress. would like any gentleman on this floor-and all gentlemen on tlus I told them tllat I thought I could. And going back home and floor a.re presumed to be men of affa.irs, whose business has been va- making preparations I immediately came to Washington, and in a ried, whose intercourse has been large-I would like any gentleman very short time I had an interview with Secretary CAl\1ERO~ at the to stand up here and tell me t hat be is willing and ready to have his "\Var Department. He looked at the gun, was satisfied there was private correspondence scanned over and made public for the last something in it, and gave an order to have it tested by the Ordnance eight or ten years. I would like any gent leman to say that. Does it Bureau. It was thoroughly tested, and in the course of two weeks imply guilt T Does it imply wrong-doing f Does it imply any sense the experiment was so satisfactory that they gave a preliminary or- of weakness that a man willprotectbisprivatecorrespondenceT No, der for 20,000 rifles. It was of course, as every gentleman who is sir; it is the first instinct to do it, and it is the last outrage upon any familiar with the war knows, a most eminent success. It was one of man to violate it. the wonderful arms of the war: the Spencer rifle. Now, Mr. Speaker, I say that I have defied the power of the House The company immetliately proceeded to erect an armory in Boston, to compel me to produce those letters. I speak with all respect to but, with all that ingenuity and capital cou]d do, they did not pro- this Honse. . I know its powers, and I trust I respect them. But I say duce, as every gentleman on tbis tloor who was familiar with the this Holli!e has no more power to order what shall be done or not done operations of the war knows, half as many arms as the service wanted. with my priva~e correspondence than it bas with what I shall do in They paicl me not an extravagant but a moderate fee for that service, the nurture and education of my children ; not a parlicle. The right which I was then as much at liberty to take as any lawyer or a.gent is as acred in the one case as it is in the other. But, sir, having vin- on this floor would be in his private relations at home. I wa-s not in dicated that rigbtJ standing by it, ready to make any sacrifice in the Congress, was not nominated to Congress, was not here for two years defense of it, here and now if any gentleman wa.nts to take issue with afterward. me on behalf of this House I am ready for any extremity of contest The winter afterward, or next spring, Mr. Fisher and Mr. Cheney, or conflict in behalf of so sacred a right. And while I am so, I am both toget.her, offered me $10,000 stock in the concern, and I took it. not afraid to show the letters. T~.ank God Almighty I am not A MEMBER. And paid for it 7 ashamed to show them. There they are, [holding up a package of Mr. BLAINE. Yeij, of course; and pa.id for ~t, and owned, and had 1876. CONGRESSIONAL RECORD-HOUSE. 3605 the dividends on it. I made no concealment of it. But I never was still owe nearlv all of the $25,000 which I delivered to !Mr. Pratt, aml thi.3 iR most at the War Department about in any shape or form in my life. Now, harassing ane me the ~76,500 of bonds which I propose to throw off as p1.Wn1eut if the gentleman from Missouri [Mr. GLOVER] wants to investigate of the notes which/on say I owe you, 1 will gladly ~et your ten-thousand-dolfnr let- that case I will save him all the trouble. I will just cut that short. ter of credit ; but i I release those bonds to you as I propose, you can do the smn e If he wants the list of stockholders, why they are all private citizens, for your elf. and very respeotable ones, and the corporation is dissolved, dead, I ·am at a loss to know what yon mean by your repeated phrase that "I have de- nied evff'ything." lV hat have I denied 1 I do not so much as understand what you merged in the Winchester Rifle Company. I will give him all the mean, and woulsirable that we should have a conclusive and comprehensive by my" not mentioning Northern Pacific and denying everything else." r settlement~ and have been ea):!er for that these many montlls. Yon have my obligatwn to deliver to you a specifiecl interest in ~orthern Pooific The account which yon stated June 20, 1872, doos not correspond precisely with which I was to purchase for yon, and in which I never ha dividends, I believe. I think my "ca h memo- you bold. Nothing yon could write woUld change my obligation under that mOUl· randum" of June 25,1 69, for 2,500, with which yon charge me, represented at the orandnm. time a part of the dividends; but being debited with that, I am entitled to a credit The matters between us are all perfectly pla.in and simple, and I am ready to of the dividend. settle them all comprehensiv~ly and liberally. I am not willing to settle those that In other words, as I "reckon it, there are dividends amountin_g to $9,550 dne me, benefit you and leave t-o the chances of the future those that benefit me. with interest sinceuune, 1870, of which I have receh-ed only $2,700 or $2,€00, en- I am willing to forego ancl ):!ive up a great deal for the sake of a friendly settle· titling me thus to a credit of some 7,500. ment, and I retain a copy of this letter as evidence of the spirit of the offer I make. llestdes the cash memorandumJannary9, 1864,$600, which with interestamonnts I think, if we cannot settle ourselves, a fiiendly reference woule t'he bonds duo on your ar- ticle of agrP.ement with me. That is t-o me by far the most urgent and pressing of W ASIIINGTON, May 26, 1864. 1111 the demands connected with our matters, and the one which I think in all equity MY DEAR SIR: Your favor received. I am very glad, all things considered, that shonlrl be first settled, or certainly settled as soon as aDJ. the Government has accepted your proposition to take all your manufacture till If the 6,000 cash is so important to you, I would be glad to assist in raising the 1st September, 1365. It gives a straight and steady business for the company for a same for you on your notes, using Little Rock bonds as collateral at same rate they goarience to me, and if you ancl Mr. Caldwell between yon cannot pay me the 19,t;OO of bor- Only by wresting it from its connection and giving it an evil con- rowed money, I don't know what I sha.ll ~o. Politically I am charged with hein"' struction could I be said at that time to have had the slightest possi- a wealthy man. Pe1·sonally and pecumarily I am laboring under tlie most foarf~ 1876. CONGRESSIONAL RECORD- - · HOUSE. 3607 embarrassments, and the greatest of all these embarrassm~ntsis the $19,~00 which I hamled ove~ ~ndor your orders1 aud not one c~ollar of which I have recmved. Of Ibonds fell so that they were worth about forty cents on the dollar. She wa8 anxious to make herself safe· and I had so much confidence the 625.000 or1gmal debt Mr. Caldwell has paid $6,000, and S6,000 only. Can you - h F S 'th 1 1 t d h I ' d 1 k not give me some hope of relief in this matter 1 It is cruel beyond measure t_o rn t e ort m~ ant lOU ~ t at propo.se to 1er to rna e :;tn ex- leave me so exposed and so suffering. change. The SIX bonds were m my possess10n; and I had previOusly you know my profoun~ ~egard for yon and my faith in you. We have been advanced money to her for certain purposes and held a part of these friends too long and too mti.nultely to allow a shade between us now. bonds as security for that ad vauce. The bonds in that sense, and in Yours trUly, J. G. BLAINE. that sense only, were mine-that t.bey were security for the loan which That will surprise a. great many people. I had made. They were all literally hers; they were all sold finally AuGUSTA, MAINE, October 4, 1871. on her account-not ene of them for me. I make this statement in order to be perfectly fair. • MY DEAR Mn. FISHEn: Yon mnst have strangely misunderstoon Mr. Caldwell's I have now read those fifteen letters, the whole of them. The statement in regard to his paying me all but 2,500 of the 25,000 borrowed money which I ~oaned. the company through him and yon la.st .January. .'Mr. Caldwell House and the country now know all ther~ is in them. They are paid me m .J nne $3,500, and m .Jnly "l,500 more, acoeptmg at same time a draft for dated and they correspond precisely with Mulligan's memorandum, %) Speaker KERR that a1·esolution following an explanation of this kind is in order. That decision has been made several times this session• Mr. JONES, of Kentucky, I desire to say a word. When I rose a .! .s IT1 ... . ;..,.!4 ~ b.O • -em to say if the question asked by the gentleman from Maine was a proper Cash. = o"' question it ought to be answered, and I intended to demand myself 8 0 . . .s «)Q «)IT1 s= ~.8 that it should be answered. s detain the House to make a sho!t Mr. BLAINE. I hope the gentleman will not take the ground that statement of the matters to which he has alluded, and I trust that m this is not a privileged resolution. doing this I shall speak as a member of the committee, and tell calmly, Mr. HOLMAN. I am not making the point; ·but it seems to me dispassionately, fairly, what has occurred before that subcomm.Htee there is the same right to call for a report on any matter which may of which the gentleman from Maine complains. have been referred to that committee. I beg leave to say in advance that the House has witnessed this Mr. BLAINE. No, sir. I say that this involves the good faith and morning a remarkable, not to say an unexampled scene, a scene which the honor of the Judiciary Committee. may have its example in the history of legislation, but if so, it has Mr. HOLMAN. Ah! that is a. different matter. Mr. Speaker, I escaped my observation and reading on the subject. rise to make an inquiry. During the present session of this House two resolutions were The SPEAKER pro tempore. The gentleman from Indiana will adopted, each of which ordered an investigation, each of which was state it. referred to the Committee on the J ud.iciary of this House, and each Mr. HOLMAN. The gentleman from Kentucky [Mr. KNOTT] rose, of which was referred to a subcommittee consisting of Mr. AsHE of as I understood, with a desire to submit eome explanation. If the North Carolina, Mr. LAWRENCE of Ohio, and myself as chairman of previous question should now be seconded would that exclude the the committee, and before the committee has :finished the takinO' of gentleman n·om Kentucky from that privilege' testimony, before that committee has reached a conclusion, ~n effort Mr. BLAINE. I am quite willing that the gentleman from Ken- is made by the gentleman supposed to be mostly concerned m these tuck-y should be heard. I do not want to stop him, but I wish a vote investigations to take the consideration of these questions from the on the previous question. organ of the House and report upon them in person. I need not remind The SPEAKER pt•o tentpo1·e. The gentleman from Maine insists on the House what sort of a report would come from that committee if a vote on his motion for the previous question. it were allowed to be made by the gentleman from Maine. But I ·ay Mr. BLAINE. I do not insist on that now. I insist on the right to that after this House has ordered an investigation and has committed 3610 CONGRESSIONAL RECORD-HOUSE. JuNE 5, I that investigation to a committee of the House it is not only unex- was alluded to almost from the start of the investigation by the sub- ampled, but entirely against legislative proceedings for a gentleman committee; therefore he could not have been surprised in the least to rise and undertake to anticipa,te what the conclusion of that com- to learn in the last day or two that there was to be an investigation mittee shall be and to state what the action of that committee has under the Luttrell resolution. been. I desire to state specifically what occurred on this subject a day or Now, l\Ir. Speaker, in regard to the action of this committee, I will two ago in the committee-room. I was asked, " Is there to be an in- endeavor to follow some of tbe points made by the gentleman from vesti"gation under this Luttrell resolution f" I said to :Mr. BLAI:NE, :Maine, and if I state any of the facts wrong I hope either of the gen- "The resolution will require an investigation that will take mouth!~ tlemen of that committee will correct me, because I desire to state at the hands of this committee. You have expressed a desire that all nothing but what is accurately true in the statement I shall submit the investigation touching you shall be done speedily and concluded to tbe House. as soon as possible. If you desire it, I will not take up any other road The first point made by the gentleman from Mn.ine was that it very except. theN orthern Pacific and the Kansas Pacific, because as to the e soon was discovered that the resolution introduced by the gentleman two railro~ your name has been mentioned as involved in an un- from Massachusetts [Mr. TARBOX] was aimed at him, although his pleasant way ; and for your sake, that yon may get a report before name was not mentioned in the resolutinn, and that he learned this tho tedious examinations of the affairs of all the e Pacific railroads, f.rom the proceedings of the subcommittee. we will take up first the matter which touches you, if you desire it." I beg to say to the Honse that the subcommittee and its ch:tirman 1\Ir. BLAINE said that be desired us to go on. first. learned from the gentleman from Maine that he was the man Yet he is very much surprised after all these things occurred in the aimed at. He does not forget that after the resolution of Mr. TAR- commit.tee-room. He is surprised to find that an investigation is to BOX was referred to the subcommittee at his instance I bad an inter- be undertaken by this subcommittee which involves an examination view with him in the committee-room of the· Committee of Ways and in these specific railroads, and it is to be prolon!?ed, prolonged, pro- Mean , and in that interview the gentleman from Maine spoke of it longed, when we agreed for his sake and at his mstance to skip all as a resolution aff{'cting him. Not only that, but be expressed him- the other inquiries under the Luttrell resolution, until we had dis- self satisfied and p1eased with the personnel of the subcommittee, al- posed of t.hose which seemed to aUacb to Mr. BLAINE. . though two of them, were confederates: And at the instance of the gen- Mr. FRYE. Will my colleague on the Committee on the Judiciary tlema-n from Maine a day was appointed upon which the subcommit- [Mr. HUNTON] allow me to ask him a question in relation to that tee was to enter upon· its duties. And yet he tells this House that he which he has just ment.ioned f learned from the subcommittee that he was the party to be investi- Mr. HUNTON. • Certainly. gated, and not the Union Pacific Railroad, as set out in the resolu- 1\Ir. FRYE. Did not Mr. BLAINE, in that last conversation, object t-i on of Mr. TARBOX. The first I heard either from a member of the that under the resolution the committee had no jurisdiction of a stock House or a member of the committee on the sul)ject was from the transaction between two individuals T gentleman from Maine [Mr. BLAINE] himself, that the resolution re- Mr. HUNTON. Is that your only question f ferred to him, and he wanted the investigation commenced on a given Mr. FRYE. Yes. day, llJlcl proceeded with, with as much dispatch as possible from Mr. HUNTON. I will answer it. I think it very likely he did. And that day. I told the gentleman from Maine that the investigation I I think also that if we had left the question of jurisdiction to Mr. s1wu1U undertake should be as kindly as I could make it, and it should BLAINE there would have been a great many question ru1ed out. be as fah:ly conducted as I could conduct it, but as thorough as it could [Laughter.] But the committee had to decide the question of juris- possibly be. diction for themselves, and they decided that they hadjmisdiction to I acceded to his wish that the investigation should not commence go on. until a day not very distant in the future, I think about ten da.ys·off. Mr. FRYE. I will ask you- The reason why he did not want the investigation to begin at once Mr. HUNTON. I do not desire to be interrupted any further, if the was that he wanted to go to Pbiladelphla during what is known as gentleman will excuse me. the Centennial week, and did not want the investigation to com- Mr. FRYE. Very well. mence until the following week. This request was granted with a Mr. HUNTON. I say that there was no ground for the surprise of • great deal of pleasure anrl on the very day indicated by him, the · the gentleman, and instead of bad faith on the part of this committee very day he requested the investigation to begin, it was begun, and in undertaking this investigation into the affairs of the Pacific rail- from that day to this there has been no hour that the committee roads, it was our bounden duty a-s the organ of the House to under- could devote to this investigation that has not been devoted to it, take it, and to do what we could, whether we got through this ses- except when the gentleman himself prevented it, and I say that more sion or not. And for the purpose of bringin~ to a close tile matters than two weeks' time has been lost to this committee because of the which seem eel to bearuponMr. BL~E-and thts House and the conn try conduct of the gentleman from Maine; I do not mean to attach any knows that there have been publications which drew from him cer- blame to him; the first was the postponement until the week after tainly once if not twice a personal explanation on this floor-for the the Centennial, and the next was a week of indisposition on his part, purpose of getting at them speedily and gettin~.a report into this and even this morning I rose at the hour of four o'clock to come to House as soon as we could, I said: "If you wish, Mr. BLAir-.'"E, we will this city, a distance of sixty miles, to renew the investigation and get not go into all these other roads, but take up the Northern Pacific through with it a8 soon as possible. The gentleman from Maine and Road and the Kansas Pacific Road, because there is connected with his- friends were not present, and the investigation had to be post- those two roads a charge against you." Now, if there is anything poned. And yet he tells the House that the investigation is "pro- unfair in that I cannot see it, and I guarantee that this Honse can- l.onged, prolonged, prolonged," and seeks to make the impression on not see it. the Honse that it is the purpose of the committee to prolong this in- Then about these letters; and that I believe is the gist of his com- vestigation for some sinister purpose. Why he might just as well have plaint before tills Hou e. In order to set that question before the said that we desired to postpone it until after the 14th of J nne, and House properly, I desire to state it as it arose in the committee-room every member of the committee will bear me witness to every word on the evidence. And I beg leave to st.ate here, before I go from tbis I say, that the committee worked in season and out of season; sit- point, that every wit-ness that has been examined before the Com- ting on one occasion nearly the entire day in order to get through mitt,ee, whether his testimony was made in favor of Mr. BLATh"'E or with this investi15ation before the 14th day of June, and every delay against him, was summoned by the committee without any sugges- that has occurred, every day when the committee was not able to be tion from Mr. BLAINE or any of his friends. He did on one occasion in session, it was either because the gentleman from ·Maine was ab- send me a memorandum of witnesses to summon, and my reply on the sent or requested an adjournment. I will not say "every day," for it back of the memorandum was that every one of those witnesses had is possible that there were one or two days when we had n. meeting already been summoned (or were ordered to be summoned) by tho of the full committee, or something of that kind. But the deby has Sergeant-at-Arms. Therefore, every witness who has appeared before been at his instance, has been caused by him; for this subcommitt-ee tho committee, under either resolution, was summoned by the commit- has worked as (I say) no other subcommittee of this House has ever tee without any suggestion from Mr. BLAINE or any of his friends. worked. So much for the prolonginrr of this investigation. Among these witnesses appeared Mr. James Mulligan, of the city of I had no desire, God knows, to pro~ong it. I had no desire to enter Boston, a gentleman whose character is unimpeached and, according upon it; but it was a duty imposed upon me by the House, and I in- to the testimony, unimpeachable. Mr. Fisher was put on the stand tended to discharge that duty, as I have endeavored to discharge every to state 8ome things differently from Mr. Mulligan, nnd he was asked such duty here, with fairness, impartiality, and a due regard to . my the question: " What sort of a man is James Mulligan f" He was duty to the House of Representatives. put upon the stand by Mr. BLAINE, and, after his examination- But the gentleman says that when we bad been examining wit- in-chief had ended, he was asked this question. His reply was sub- nesses under what is known as the Tarbox ~esolution, to his surprise stantially, if not literally: "He is as good as any man I ever knew, he found that I claimed, or the committee claimed, that they had or the best man I ever knew." Mr. Atkins, another witness intro- jurisdiction to investigate certain Pacific railroads, and that he was duced for the same purpose, said substantially the same thing of 1\fr. to be involved iu the investigation of those Pacific railroads as well Mulligan. I desire to say to this House in the beginning tha,t Mr. as under the Tarbox resolution. Mulligan stood before that committee with a reputation for trute Now, the gentleman cannot have forgotten what occurred in that and veracity equal to that of any gentleman on this floor. What connection; and, not having forgotten it, it was his duty in fairness may be his chanwter I know not ; I never saw him until he appeared to have stated it to this House. He knows that this resolution of in the committee-room. 1\fr. LUTTRF..LL, of California, directing an investigation into all the 1\Ir. FRYE. Will my colleague on the committee pardon me one Pacific railroads that had received subsidies from the Government, moment! 1876. CONGRESSIONAL RECORD-HOUSE. 3611 Mr. HUNTON. Certainly. invited to the house of 1\fr. BLAINE. Mr. Mulligan said, "Mr. BLAL.~E Mr. FRYE. From the gentleman's statement in relation to these I decline to go to yonr house; ldonotwaut to talk about what I have questions as to the character of Mr. Mulligan, the impression might been brought here for. I desire to take the stand to-morrow untram- go out that Mr. BLAINE asked those questions. Will the gentleman meled by conversation of any kind with anybody." 'Varren Fisher please state whether or not he, as chairman of the committee, asked went to the house of Mr. BLATh"E. Twice .Mr. BLAINE sent a messen- them f ger down to induce Mulligan to come to his bouse. Mr. Mulligan Mr. HUNTON. I did, sir. still declined, and presently 1\ir. BLAINE and Warren Fisher came into Mr. FRYE. That is a11. the hotel where Mulligan stopped in the city of Washington, (the :Mr. HUNTON. And the witness answered just as I have stated. I Riggs House.) Mr. Mulligan was in the barber-shop undergoing the wanted to know what smt of a witness I was dealing with. I put pleasant operation of shaving, or about to undergo it, and Mr. BLAL"ffi the question for tbe information of the committee. This witness, who followed him into the barber-shop and commenced to entreat and had been summoned from Boston, was put upon the stand, ~.ud I did earnestly to request that Mulligan would p;ive up those lett-ers which not know what he would testify to. If anybody had ever informed BLAINE bad a-ddressed to Warren Fisher. Mulligan declined to clo it. me what Mr. Mulligan's testimony would be or what it would relate Mr. FRYE. Mr. Speaker: if the gentleman- to I had forgotten it entirely. In the course of his examination the A MEl\IBE.R. I object to interruption. fu:st day 1\Ir. Mulligan was testifying very quietly; there was no ex- Mr. FRYE. I ask my colleague of the committee if I may inter- citement in the committee-room at all when he happened to mention rnpt him f that he had in his possession certain letters written by Mr. BLAINE to Mr. HUNTON. Yes, you may. Warren Fisher, jr. The mention of these letters seemed to have a !Ir. FRYE. The gentleman is now stating ev~dence, and I desire remarkable effect upon Mr. BLAL~E, for in a moment or two afterward him to be very careful, beeause, as I remembe1· it, there is no testi- he whispered to 1\Ir. LAWRENCE, the republican member of that com- mony whatever showing or teniling to show that Mr. BLAINE, in a mittee, "Move an adjournment." It so happened that I hear(l the barber-shop, in the presence of the barber, entreated Mulligan for suggestion. Mr. LAWRENCE got up with great solemnity on his coun- those letters. tenance and said, "Mr. Chairman, I am very sick and I hope the com- Mr. HUNTON. It matters not where he entreated him. I am un- mittee will adjourn." [Laughter.] der the impression it was there, but I am not certain. Mr. LAWRBNCE rose. Mr. FRYE. The letters were not read in any barber-shop. Mr. HUNTON. I hope the gentleman is better to-ilay. Mr. HUNTON. I will take him out of the barber-shop. It does not Mr. LAWRENCE. Will my colleague on the committee allow me matter in the least where the entreaty was made. Mr. BLAINE en- to ask a question or make a statement 7 treated him. I give you now the substance of the language of the Mr. HUNTON. Certainly. witness. He entreated him with tears in his eyes, going down on his Mr. LAWRENCE. I will ask my coJleague whether, when I wenL knees, or almost on his knees-- into the committee-room on that morning, the first thing I said to Mr. FRYE. In the barber-shop f him before I had spoken to anybody else~ was not that I hau been ex- Mr. HUNTON. I did not say in the barber-shop. I do not care ceedingly sick during the night f [Laughter.] I bad been to Balti- where it was. It was in his room, I believe; but he made this en- more on the day before; and though I had not indulged in anything treaty. The witness said, "with tears in his eyes, almost, if not that would necessarily make me sick, yet I was extremely sick, so quite, on his knees;"'' 'if you do not deliver those letters to me, I am much so that it was with difficulty I sat there at all. I said simply ruined and my family disgraced.'" Of course I mean to be under- what was true ·when I said that I was extremely nnw ell; and as the stood here that the witness meant that BLAINE's family would be gentleman knows I have been quite unwell ever since. [Laughter.l disgraced through the ruin of Mr. BLAINE. He also threatened to Mr. FRYE. What time was it when it was proposed to adjon.rn l commit suicide. Mr. Mulligan refused to deliver the letters. He Mr. LAWRENCE. It was then half past twelve o'clock, half an said: "~f.r. BLAL.'m, I see by the evening paper that my testimony hour beyond the time when the committee usually adjourns to attend given to the committee to-day is to be assailed"-to use his own the sittings of the House. Now, my friend says that he heard the word, " impugned"-" and in case my character and testimony are remark of 1\Ir. BLAINE asking me to move to adjourn. It was not assailed, I want those letters to justify me in my testimony before necessary that I should state what Mr. BLAIXE had said to me. the committee." :Mr. BLAINE asked: "Do you suppose I am going l\f.r. HUNTON. Nobody asked you to do so . to assail yon Y:' The witness said: "If you do not assail me others .Mr. LAWRENCE. The gentleman says he heard it; but it was not may, and my character is too dear to me not to vindicate. it if I necessary tba.ti should state every ground for asking the adjournment. can." Mr. BLAINE then tried politics with him, and he asked the Mr. HUNTON. Certainly not. witness: "Are you content with your station f" To this Mulligan 1\Ir. LAWRENCE. It was sufficient that I deemed it necessary to said be would like to improve it if he could. Mr. BLAINE said : ask an adjournment. [Laughter.] "Would you like a political office 7" Mulligan replied be did not Mr. HUNTON. The gentleman has stated the matter exactly as it like politics, and did not care about it. .Mr. BLAINE then asked how occurred. He did come in in the morning sick. he would like a foreign consulship f He said he would not like it; Mr. LAWRENCE. Yes, sir. and after that BLAINE said: "Let me see the letters to peruse them." . 1\Ir. HUNTON. But he went to work in a most vigorous style for The witness objected, but he said finally, upon a pledge of honor from two hours. Mr. BLAINE that he would return the letters, they were given him to Mr. LAWRENCE. But I became exhausted. read. He read them over once or twice, and returned them to the Mr. HUNTON. When those letters were mentioned the gentleman witness. Again he made an effort to obtain those letters, and 1\.lr. became sick, and somebody else sicker. [Laughter.] And the mo- Mulligan left the company and went into his room. In a short time tion to adjourn was made at his suggestion. 1\fr. BLAINE followed him. into his room, and this scene occurred be- Mr. LAWRENCE. It ought to be said in justice to Mr. BLAINE tween the parties without any witnesses: Mr. DLAINE again endeav- that so far as anything said by him to me could indicate his purpose, ored to get possession of the letters. The witness again declined to the motion to adjourn suggested by him was not caused by any fear deliver them. The witness says that Mr. BLAINE said : ''I want to of what was ·croing on. reread those letters again, and I want to have them for that purpose." Mr. HUNTON. I never intimated such a thing. The gentleman is Mr. FRYE. I desire to ask ruy colleague a question there. raising men of straw just to knock them over. But I do say that Mr. HUNTON. Very well. after thesa letters were mentioned incidentally by Mr. Mulligan, the 1\fr. FRYE. I want to call his attention-- reference being brought out without a question, (for I bad not the Mr. HUNTON. I trust you will, if I misstated the testimony. remotest conception that he hau any such letters in his possession,) Mr. FRYE. The impression I received from the statement just the gentleman from Ohio did rise, at the suggestion of the gentleman made is that this effort and threat to commit suicide was in the pres- from Maine, and move an adjournment; and he put it upon the ence of witnesses. ground that he was sick, and we had been sitting over our time any- Mr. HUNTON. No; I did not say it was. bow. These are the exact facts. Now, why the mot.i on to adjourn Mr. FRYE. It was notf was suggested to the gentleman, and whether he was absolutely taken Mr. HUNTON. It was not. Etcker at that moment, I cannot tell and do not propose to inquire ; Mr. FRYE. Do not you know he testified it was to himself f but an adjournment was had. We did not like to keep our colleague Mr. HUNTON. I think he did; that it was to himself alone. He there in misery and distress ; on account of his sickness and because asked the witness to let him see the letters again; and the witness we had sat over the hour which we were allowed to sit, an adjourn- said that on a like pledge of honor to return them to him he deliv- ment was had. The committee adjourned until the next morning at ered these letters over a second time to Mr. BLAINE to read and return ten o'clock; and when we met,James Mulligan was put upon the them· and when l\Ir. BLAINE had read them and kept them a short stand again to completehisexamination, which had been interrupted time he refused to deliver them. The witness became excited, de- by the motion to adjourn. He was asked a question which did not manded· his letters, and followed Mr. BLA.INE into the room of Mr. look to the letters, which had no 1·eference to them whatever. He Atkins on the floor below, and there demanded his letters from Mr. said: ''Mr. Chairman, before I proceed to answer that question, I BLAINE; and he not only demanded his letters, but he demanded the desire to make a personal explanation painful to myself." private memorandum which the witness himself had made to use on I will commence at the beginning of his personal explanation. his examination before the committee to refresh his memory. This I will state it substantia1ly as be did, and if I err in any important was taken by Mr. BLAINE, and this also he refused to deliver. particular I trust I will be corrected. Upon the evening of his first Mr. FRYE. Will the gentleman pardon me again for interrupting arrival in the city of WasbiJ1gton, before I knew be w.as in the city, himf · he and Warren Fisher were waited on by l\Ir. BLAINE. They were Mr. HUNTON. Certainly. , .. 3612 CONGRESSIONAL RECORD-HOUSE. JuNE 5, Mr. FRYE. Do I understand the gentleman as stating that Mr. ries at three different times that only one letter however remotely Mulligan testified that he demanded in addition to the letters the touched any matter which the subcommittee were inve tigating f private memorandum f Mr. HUNTON. No, sir; he did not so testify, according to my · Mr. HUNTON. No, sir. Resaid that Mr. BLAINE tookitwhen the recollection. I will tell you what he did testify. letters were handed to him. The memorandum was with the letters · 1\Ir. FRYE. Well. sir. when they were handed to him. 1\Ir. HUNTON. He testified on one or two or perhaps on three oc- Mr. FRYE. It was in the bundle t casions that he did not think that there were but two letters in the Mr. HUNTON. That may be. batch which bore upon the subject-matter of inquiry before the com- Mr. FRYE. Was it so, . mittee, one in regard to the Northern Pacific and the other in regard Mr. HUNTON. I think it was. And when Mr. BLAINE refused to to the Union Pacific. deliver the letters he refused also to deliver the memorandum. Mr. FRYE. Yes, sir. Now this was the statement made by the witness before the com- Mr. HUNTON. That is what he said, but the committee thought mittee charged with the investigation of these subjects. Who has a that as the letters bad been obtained in the manner in which Mr. 1·ight to complain' The gentleman from Maine or the committee f BLAL."ffi had obtained these letters, it was not only their right but Who has a right to complain f The gentleman from Maine or this their duty to determine the question for themselves whether the let- House' Here was a witness summoned from Boston. He did not ap- ters were pertinent to the subject-matter of iuquiry,or not. pear as a volunteer in the case. He came under the compu1sory proc- Mr. FRYE. One other question. The gentleman says iu response ess of the House, and was entitled to the protection of the House to my question that there were two letters, one relating to the Union as long as he wa-s in the city of Washington under his subprena. .Is and the other to the Northern Pacific Railroad. On the day before the authority of this House in bringing witnesses here to testify to' yesterday, when you were pursuing the Northern Pacific inquiry, did subject-matters of inquh-y which the House has thought proper to make he not swear distinctly that there was not one letter which related to be protected or not f It is a question which concerns this House at all to the Northern Pacific T . more than the subcommittee of which I have the honor to be chair- Mr. HUNTON. He mentioned a statement which related to it. man. Mr. FRYE. A statement but not a letter, and that statement not But the gentleman from Maine says that these were his letters. in l\fr. BLAL'm's handwriting. Why, sir, it is an utter mistake as to the law of the ca-se-an utter, Mr. HUNTON. No, sir. eomplete mistake. I say to this House, without the fear of success- Mr. FRYE. Did be not state that the statement was not in Mr. ful refutation, that according to the well-settled principles of Jaw HLAlli"E's handwritingT those letters belonged to Mr. Warren Fisher from the time he received Mr. HUNTON. I stated so. them from the mail until be delivered them over to Mr. Mulligan, and Mr. FRYE. One more question. Mr. .Mulligan was entitled to the possession and ownership of those Mr. HUNTON. I yield for one more. letters from that period. Mr. FRYE. Was there, when this witness was subpcenaed. to Wash- In regard to how Mr. Mu11igan got possession of those letters, he ington, any snbprena duces t-ecum at all f says, and Mr. Fisher corroborates his statement, that those letters Mr. HUNTON. No, sir. · were taken possession of and brought to the city of Washington by Mr. FRYE. That is all. James Mulligan with the full consent and approbation of Warren Mr. HUNTON. I do not see what difference it makes wbetber tbere Fisher. There was no surreptitious possession of these letters on the was a subprena duces tecl£nt or not. The object of a subprena d1tees tP-cwnt part of the witness, but they were brought here with the knowledge is to require the witness to bring papers. If he brings them without and consent of Warren Fisher, and witness brought them for the pur- a subprena duces tecU7n, the object is attained, l>ecause the letters are pose of sustaining his testimony on the stand if it became necessary there; and the witness had a right to brio~ them without a subprena to use them . .And I say, Mr. Speaker, that fromtheverymomentWar- du,ces tecum for the purpose for which he indicated he did bring ren l!'isher received those letters from Mr.BLAINE,l\1r.BLAINE ceased them. to have any control of them. He had no more right to the possession Now I say, sir, that when these facts came out that there was a or control of those letters than he has to my watch now in my pocket letter and a statement, which I believe was stated by ~Ir. BLAINE to or any other piece of property which I may own. Some of the author- have been written by his clerk-when we found from the witness that ities go so far a-s to say that the publication of private correspondence one of these letters in that statement did relate to the subject-mat- may be enjoined by the writer or author of the correspondence if it is ter under inquh-y, that when the solicitude was manifested to obtain attempted on the part of the holder to use that correspondence to the possession of the letters, I ask the House whether it was not only the detriment of the w1'iter's pmperty. But until that is attempted or right but the duty of the subcommitt.ee to demand at the bands of threatened the writer has no right to interfere with any sort of use Mr. BLAINE the restoration of these letters to the witness or their pro- that the recipient of those letters chooses to make of them. duction to the committee' The committee told l\fr. BLATh'E, "If you I will not go further into this question, because my friend, the chair- say these letters are your private papers, surrender them to the com- man of the committee, the gentleman from Kentucky, [Mr. K...~OT'f,] mittee; yon did not get possession of them in a manner which the is fortified with authorities on this subject and will state the law committee think rightful, whatever may be your opinion abont it, more clearly than I can. But if 1\1r. BLAINE-as I have said the law and we desire to see those letters, not to be made public, not to be declares-was not entitled to the possession and had no right to the published as a part of the proceedings of the committee, not to be letters, I ask how he can justify his course before this House in taking given to the correspondents of newspapers to be spread throughout the letters under a promise on his honor to return them and then the length and breadth of the land, but to be inspected by the com- withhold them. mittee in private and used only when found pertinent." Well, the subcommittee thought that, as the letters were obt.ained l\fr. FRYE. Mr. Speaker- by Mr. BI.A.INE under circumstances such as I have detailed, it was 1\fr. HUNTON. I thought you said that you were only going to ask right and proper that they should be given up to the committee or one question mora T 1·eturned to the ~itness, the rightful owner of these letters; and Mr. FRYE. Ah! at that time, allow me to ask if Mr. BLAINE did when the demand was made upon Mr. BLAni•E for the production of not ask the chairman of the subcommittee-- them be asked for time to consult counsel. His demand was cheer- Mr. HUNTON. I am coming to that, if the gentleman wil1 Jet me. fully granted, and an adjournment took place from that day until ten I do not mean to omit an important particular; but let me state. the o'clock the next morning. At ten o'clock the next morning we heard case in my own way. from Mr. BLAINE that be bad not gotten through with the consu1ta- Mr. FRYE. Very well. . tton; that owing to peculiar circumstances he had not been able to 1\Ir. HUNTON. I stated that the committ.ee ought to inspect those get the two counsel together the preceding night. We gave him letters in private, and that wherever there WiS one that did notre- until twelve o'clock. Twelve o'clock arrived; and he still was not fer to the subject-matter of this investigation, either under the Lut- ready. .At two o'clock be came ~before the subcommittee with the trell resolution or the Tarbox resolution, those letters which were opinion of Judge Black and Mr. Carpenter stating that we had no found to be private should not be made public. right to demand these letters; that they were private property per- Mr. FRYE. That. js not what my inquiry was about. taming to the private business of Mr. BLAINE; and that we had no Mr. HUNTON. I am coming to your inquiry; do not be impatient, right to demand them, and Mr. BLAINE should resist the demand. if ~ou please. Now, the committee may have very high respect for the authority Mr. FRYE. Very well. of JuC\ge Black and .Mr. Carpenter, but they were investigating a Mr. HUNTON. I know what the gentleman wants to ask me: if question for the House, and not according to the rules ~rescribed by Mr. BLAINE did not invite me to his house to read these letters. Mr. Carpenter and Judge Black. They did not choose that Mr. Car- r. FRYE. That was not it. penter and Judge Black should decide a question which the House Mr. HUNTON. ·what was it f had ordered them to decide. · Mr. FRYE. I know Mr. BLAINE did invite you, and told you that l\1r. FRYE. Will the gentleman allow me a question t you might read all the letters. But I want to ask you if Mr. BLAINE .l\1r. HUNTON. Yes, sir. did not ask the subcommittee whether, if he produced these letters Mr. FRYE. Did not Mr. Mulligan on three different occasions tes- and gave them to them, they should be examined privately and oQly tify that there was not more than one letter which touched however those put on record that related to the case, and if Mr. HUNTO~, the remotely any subject under investigation, whether the Union Pacific chairman of the subcommittee, did not say no, he would not examine Railroad, the bonds sold the company by Tom Scott, or the Northern them privately f Pacific, or the CentraJ Pacific, or aJl of the rest of those roads named Mr. HUNTON. No, sir. in that resolution T Did he not testify in answer to your interrogato- Mr. FRYE. You say you did not say that t 1~76. CONGRESSIONAL RECORD-HOUSE. 3613 Mr. HUNTON. I say I refused individually to examine them pri- as minute as they could well be, and put wi~ an apparent desire to have eV"e:ry fact stated in a manner that would inculpate you. . vately. I ha.Ye felt that I was in honor bound w communicate this royou as early as pos· Mr. FRYE. Was not that inquiry addressed to you when the sub- sible for your own protection. committ.ee was in session f I am, very truly yours, Mr. HUNTOK. Yes, sir. A. P. ROBINSON. Hon. J. G. BLADi'E. Mr. FRYE. Then I understand you to say that you understood that inquiry to be addressed to you privately Y He came that evening and had some conversation with me; and Mr. HUNTON. I understood it so. . when the gentleman asked if he had seen me, he supposed it was in Mr. FRYE. I understood it differently. reference to the testimony. He did not come to tell me what he could 1\ir. HUNTON. I understood it as I have stated, and I do not think testify to, bnt-- I am mistaken. I said to 1\ir. BLAINE over and over again," Mr. Mr. HUNTON. I did not give way for a speech. BLAINE, I do not want to see your corrt>spondence either public or 1\lr. BLAINE. I have made speech enough. private. I have no right to read it except as a committee-man ; and Mr. HUNTON. The animus of that witness is shown by his letter these two gentlemen who sit on either side of me have the same right more than mine is shown by it . . I do not deny, I never have denied, I have." I did not mean to receive at the hands of Mr. BL4JXE any tha.t I have talked with some half a dozen witnesses. letters or any papers that my colleagues on the committee could not Mr. BLAINE. But he said it was understood you "coached" the see and inspect with me. witness; that is the phrase he used. When I had the honor of an invitation to the gentleman's house to Mr. HUNTON. I say that if he or any other man says that I un- read these lett.ers, I replied to it in the same way: "Mr. BLAINE, I dertook to "post" the witness or to" coach" him, or intimates by any have no right to ~o to your house as a private citizen and read your othertechnical term which I may not understand that there has been correspondence; if I have the right to look at it at all, it is as a mem- an attempt on my part to influence his testimony, it is false, abso- ber and as the chairman of this committee; and if I have no right lutely false. to look at it in that way, I have no right to look at it at all, and will Now I confess that I had talked to these witnesses; but never, not do it." never have I attempted to influence their testimony in the slightest I believe be has statetl on this floor to-day, and if I am wrong I degree. My object in talking to the witnesses was to learn how to hope I may be corrected, that forty-four gentlemen have read these examine them; I thought it my right and my duty. papers. My colleague on the committee, the gentleman from North .Mr. BLAINE. That is just what Mr. Robinson says-that the ob- Carolina, [1\ir. AsHE,] reminds me that when Mr. BLAn~o'E refused to ject was to ~et the strong points against me. prodnce these letters, he or one of the members of the committee asked Mr. HUNTON. I did not give way to the gentleman. I beg him to that the memorandum of the witness should be surrendered to the recollect that I have the floor, and not to attempt to take it from me committee that we might examine it and see whether ~hese letters until I yield to him. were public and bore upon the subject of this investigation, or were I want him to recollect also that I was not under investigation ; I private. That was refused. was not interested in the result ; and though I may have talked to When I refused to go t,o the gentleman's house and read these let- witnesses before their examination, was that as bad as for the gentle- ters, I did it because I did not want, and God knows I do not want now, man from .Maine, who was interested in the result, to take them to his to pry into kis private correspondence; but I thought it was my duty house' I say here upon my pe1·sonal responsibility that not once have as a member of the committee, and my duty to tltisHouse, to demand I attempted to intl.uence tbe testimony of a witness summon eel before at his hands the production of letters and memorandum obtained in me in any investigation ordered by this House. Why, sir, the gentle- the manner in which I have stated. Now it is for this House to de- manOmows that a witness in his examination in the opeu committee- tei·mine whether I did right or wrong, whether the committee did room stated, " In my conversation with you, Mr. HUNTON, this state- right or wrong. If I did wron~ I did it in pursuance of what I thou~ht ment occurred." I never attempted to conceal the fact that on several was my duty to this House to mvestigate thoroughly, and I trust Im- occasions-probably four or five, it may be less or it may be more- partially, the subject-matters of inquiry addressed by the House to l did talk with witnesses, that I might know under which resolution the Judiciary Committee. If I have erred it has been an error of the their testimony came; that I might know how to bring out the facts judgment, and I say to-day that it is a job I never fancied. in the possession of the witness. If that is wrong, .Mr. Speaker, it is Mr. BLAINE. Will the gentleman permit me to ask him a question T an en-or of judgment on my part. I cannot see it. Mr. HUNTON. Yes, sir. Now, these are the facts in this case; and I beg the House to bear Mr. BLAINE. Does the gentleman know of a dispatch received in mind that they have committed these investigations to the hands from Josiah Caldwell in Londont of a committee; and while that committee is :groceeding with its Mr. HUNTON. My fiiend, the chairman of the' Committee on the investigation the gentleman from Maine, who supposes that he is in- Judiciary, [Mr. KNoTT,] will reply to you in full on that subject. volved in this investigation, undertakes to forestall the conclusions Mr. BLAINE. I ask the gentleman if he knows-- of that committee, and make his own statement to the House of the Mr. HUNTON. I do not mean to answer a question addressed pro- result of that investigation. Mr. Speaker, if this practice is to be perly to the chairman of the committee. observed in t.he House, let all references to committees be discontin- Mr. BLAINE. But I address it to the chairman with whom I have ued; and whenever there is an inquiry here which may possibly in- been dealing. I ask the gentleman who is the chairman of the sub- volve a member, let that member get up on the floor and make his committee to state to this IIouse whether on Thursday morning last stat-ement; let that be received a.s the report of the committee; let it the chairman of the full committee, Mr. KNoTT, of Kentucky, did not be adoptefl, and thus let the matter ond. If that is not to be the come to the committee-room and call the gentleman from Virginia practice) let this committee go on with its investigation. If the tes- out, and then or at some other time acquaint him with that facU timony does not implicate .Mr. BLAINE, I undertake to say that the Mr. HUNTON. Now you are done. commit.tee will not only cheerfully and promptly, but with pleasure Mr. BLAINE. I do not know; it depends upon your answer. report that fact to the House. If, on the other hand, tho testimony Mr. HUNTON. You are done, unless I choose to yield to you again. shall involve him in the charges which are under consideration by the Mr. BLAINE. I ask you that question. committee, then rest assured that I, as one of the members of the Mr. HUNTON. And I answer you that if my friend from Ken- committee, mean to report the facts to the House and the conclusions tucky [Mr. KNOTT] does not answer you fully I will. to be drawn from theso facts. Mr. BLAINE. Ah, that is not what-- Mr. KNOTT obtained the floor. Mr. HUNTON. I will not yield to the gentleman any further. The SPEAKER pro tempore. The Clerk will read to those who will Mr. BLAINE. Will the gentleman yield on another 11oint f listen the rule as to those entitled to the privilege of admission to the Mr. HUNTON. Yes. floor. Mr. BLAINE. The gentleman will pardon me for a moment; I will The Clerk read as follows: give him more of my time in exchange. The gentleman has com- No person except members of the Senate, their Secretary, heads of Departments, mented with au attempt at severity upon the fact that I saw these the President's private secretary, foreign ministers, the governor for the time being witnesses before they testified. Has it not been the habit of tho gen- of any State Senators and Representatives elect, judges of the Supreme Court of the tleman from Virginia to see witnesses before they testified f United States and of the Court of Claims, and such persons as have by name received the thanks of Congress shaH be admitted within the h~l of. tbe House of Repre~ent­ Mr. HUNTON. Not my habit, sir; I have seen severaJ. atives or any of tlle rooms upon the same floor or leadmg mro the same; provided Mr. BLAINE. I have received this letter which I wish to read: that ex-members of Congress who are not interested in any claim pentling before Con !!.Tess, and shall so register themselves, may also be admitted within the ball of W ASHDIGTON, D. C., May 23, 1876. the Rouse; and no persons except those herein specified shall at any time be admit. DEAR Sm: I arrived here last night w give my testimony in tbe case concerning ted to the fioor of tho Honse. yourself before the Judiciary Committee. I was summoned to tbe committee- The SPEAKER pro tempore. The Chair will state that numbers of I'oom at ten o'clock this mormng and was sony w tind tho in>estigrtt.ion postponed until to-morrow on account of ~·our illness. I shall endeavor to ca1Laml pay my persons on t.he floor have defied the officers of the House in remain- respecta this evening. I was grcatl.v taken by sm'Pl'ise at being taken aside by ing and force bas been required to put them outside of the Chamber. Mr. HUNTON and somewhat closely interrogated pri'l'ately as w the point-s of the The Chair will also state thatitis theduty of the Doorkeeper and the testimony I should bo able to giYe against~ on. All his inquiries seerued to be Sergeant at-Arms to enforce this rule; and in order that gent,Jemen made with an animus, and the thorough questiollin~ he gave me in this informal manner astonished me beyond measure. I bad no 1ilea. that congrc11sional inYesti- ma,y conduct the public business the Chair states that this rule will be gations were conducted in this way. If they are they cease to be fair and honor- enforced, if neces.~ary, by the police belonging to the Capitol. The allle and degenerate into prosecutions and then into persecutions. gentlema"n from Kentucky will proceed. I learned after leanng Mr. Hm\TOX that he has been pursuing this course with other witnesses who are presumed to have some testimony to give against you. .Mr. KNOTT. Mr. Speaker, within the last two hours I have lis· ldr. HUNTON's inquiries we1·e not merely general, but were, it seemed tes BLAINE." [Renewed laughter.] In an able article on the author's right to enjoin the pu blic.'\tion of private letters, Parker, an eminent judge in Massachusetts and professor in the Harvard law I will say furthermore, .Mr. Speaker, that when this subcommittee school, said : · was mised, long before I had any intimn.tion that .Mr. BLAINE was in- " The receiver of a letter is not a bailee, nor does he stand in a character analo- volved in any manner in the railroad companies to be investigated, I gous to that of a bailee. There is no right to possession, pre.>ent or future"- went to his particular friend and colleague and a-sked him to take a Mark you- position on that subcommittee, which he declined. So much for the "no right to possession, present or future, in the writer." appointment of the snbcommittee. Now as to the celebrated .Mulligan letters-- Thou where did the gentleman from Maine get the right to waylay Mr. FRYE. I should like to ask the gentleman a question. I sup- .Mr. .Mulligan and procure these letters in the manner in which he ad- pose the gentleman referred to .me. mits himself he did, and hold on to them jn defiance of the bailee's 1\Ir. KNOTT. I referred to you, sir. right of possession t Mr. FRYE. I presume if that is so-l have no recollection about The only right to be enforced against the holder is a right to prevent publica- it, but I have no reason to question the gentleman's word in the mat- tion, not to require the manuscript from the holder in order to a publication by ter-if that was so, as a matter of course it was to take the place himsolf. The right of the recei"er- occupied by Mr. LAWRENCE. Mr. KNOTT. Certainly. . The right of the receiver- Mr. FRYE. It was not to take the place occupied by the gentle- then, is to the whole letter. He may read it himself and to others, and recite it man from Virginia or the gentleman from North Carolina f at meetings. He may do everything but multiply copies; and perhaps he may :ll, Candler, Caul- John B. Clarke of Kentucky, .John B. Clark, jr., of Missouri, Clymer, avails himself of the special object of the order to call np that bill. Cochrane, Collinli, Culberson, De Bolt, Dibrell, Douglas, Durham, Eden, Felton, The SPEAKER pro tempo-re. The Chai1· may assume that to be the Finley, Forney, Franklin, Gause, Glover, Gunter, Andrew H. Hamilton, Robert fact; but it does not affect the point of order raised by the gentleman Hamilton, Hancock, John T. Harris, Harrison, Hartridge Hartzell, Hatcher, from Illinois. The Chair has already decided it. Several gentlemen Henkle, Hereford, Goldsmith W. He'\"fitt., Hill, Holman, Hooker, Hopkins, House, Hunton, Hurd, Jenks, Thoma~ L. Jones, Kehr, Lamar,..Fra.nklin Landers, Lane, to-day have called the Chair's attention to the matter with a view to Le Moyne, Levy, Lewis, Lord, Lynde, Maish, McFarland, McMahon, Metcalfe, have the rules suspended, and the Chair has stated that he would re- Milliken, Mills, Morrison, Mutchler, Neal, O'Brien, Odell, Parsons, Pa~rnl', John F. fuse to entertain any motions to suspend the rules. The point of Philips, Piper, Poppleton, Powell, Rea, Real!lln, Rice, Riddle, John Robbins, Mile~ order being now raised, the Chair must decide that no motion to sus- Ross, Savage, Sayler1 Scales, Schleicher, Shcakley, Singleton, Slemon11, William E. Smith, Southard, Sparks, Spring~r. Stenger, Stone, Tarbox, Teese. Terry, Thomas, pend the rules after two o'clock to-day is in order, that being the Throckmorton, Robert B. Vance, Charles C. B. Walker, Gilbert C. Walker, Wailing, unanimous agreement of the House on Friday last. Walsh, Ward, Warren, Erastus Wells, Whitthorne, Wigginton, Wike, James D. :Mr. KELLEY. Would it not be in order to suspeud the rules after Williams, Jeremiah N. Williams, Fernando Wood, Yeates, and Young-125. NAYS-MessrM. Adams, Anderson, Georo-e A. Ba_!!ley, .John H. Baker, William Mr. LORD bad spoken Y H. Baker. Ballou, Blair, Bradley, William R~rown, Horatio C. Burchard, Burleigh, The SPEAKER p1·o tempore. The gentleman from Pennsylvania is Campbell, Cannon, Cason, Caswell, Cate, Chittenden, Cra~o, Crounse, Danford, not in order. Davy, Denison, Dunnell, Eames. Evans, Freeman, Frost, l< rye, Garfield. Goodin, Mr. WILSON, of Iowa. I rise to a point of order. Hale Haralson, Harden bergh, Benjamin W. Harris, Hathorn, Haymond, H~\\ s, Hcnclee, HenclPrson, Hoar, Roge, Hoskins, Hunter, Hurlbut~ Joyce, Kasson, Kel· The SPEAKER pro tempore. The gentleman will state his point of ley, Ketcham, Kimball, King, Lapham, Lawrence, Lynch, Edmunil W. rtf. Mackey, orller. Magoon MacDougall, McCrary, McDill, Miller, Monroe, Nash, Norton, Oliver, Mr. WILSON, of Iowa. My point of order is this: It has been un- O'N.eill, Packer, Pag:€', William A. Phillips, Pierce, Plaisted, Platt, Polter, PraU, derstood by the whole House that when this question of personal Rainey, Robinson, Sampson, Seelye, Sinnickson, Smalls, Strait, Stowell. Thorn· burgh, Martin I. To\\"Dsend, "rashington Town!!end, TuftR, Waldron, Alexander privilege came up all the previous orders of the House had to give S. Wallace, John W. Wallace, G. Wiley Wells, White, Wl1itin~, Willard, Andrew h way to it. Had it come up on any other day than Monday, thu mo- Williams, Charles G. Williams, William B. Williams, Willis, Alan Wood, jt·., and tion to suspend the ·rules would not have been in order 011 any ques- Woo(lworth-97. tion bearing upon it. NOT VOTING-Messrs. Banks, Bass. Beebe, Bell, Blaine, BlisR. Conger, Cook, Cowan, Cox, Cutler, DarraH, Davis, Dobbins, Durand, Egbert, Ellis. Ely. Faulk· The SPEAKER pro tempm·e. The Chair did not understand, when ner, Fort., Foster. Fuller, Gibaon, Goode, Henry R. Harris, AbramS. Hewitt, Hub- this privilege came, that any express or impliecl understanding was bell, Hyman, Frank Jones, Knott, George M. Landers, Leavenworth, Luttrell, i11volved as to the previous orders. L. A. Mackey, Meade, Money, Morgan, New. Phelps, Pnrmau, Randall, John Mr. WILSON, of Iowa. Allow m~ to make my point before you maker, Reilly, James B. Reilly, William M. Robbins, Roberts, Sobieski lWss, RuRk, Schu- A.. Herr Smith, Stevenson, Swann, Thompson, Tucker, Tumey, Van Vorhes, decide it. But it is the right of a member rising t.o :\.personal ques- John L. Vance, Waddell, Wait, Wheeler, Whitehouse,Alpheos S. Williams, James tion here to have that detm·mined independently of any point of Williams, Wilshire, Benjamin Wilson, James Wilson. aud Woodburn-66. order, and to call into requisition all the rules of the House to enable So the motion was agreed to. him to do it; aud to-day, this being Monday, the motion t.o suspend During the roll-call the following announcements were made: the rules on the retmlution connected with that question of privilege :Mr. DURAND. I am paired with my colleague, Mr. CoNGER, who I claim to be in order. The honorable Chair will take care· in ruling is absent by order of the House. My colleague, Mr. A. S. WILLIAMS, on tbiR qoel:!tion of personal privilege whether he is going to rule out is also absent by order of the House. the right of a member to have a hearing upon this floor. Mr. VANVORHES. I am paired with my colleague, Mr. VANCE, on The SPEAKER pro tempore. The Chair bas denied no right to be all political questions. I regard this matter as more of a persoual than beard to the gentleman from Maine. He adheres to his decifjjon, that a political question. If I am entitled to vote, I will vote "no;" but after two o'clock to-day no motion to suspend the rules can be made. I will not vote, if there be objection. Mr. McCRARY. I rise to appeal to the Chair whether a motion Mr. WHITING. My colleague, Mr. FoRT, is absent by leave of the to refer the resolution is iu order f House. The SPEAKER p1'o tcmp&re. Undoubtedly it. is in order. Mr. CASWELL. My colleague, Mr. RusK, is absent. If here he Mr. McCRARY. How so, if the special order precludes everything t If it cots off a motion to suspend the rules, does it not also cut off the won1d vote "no." .Mr. PAGE. The gentleman from Nevada, Mr. WOODBURN, is ab- motion to refer Y The SPEAKER pro tempm·e. The gentleman from Maine rose to a sent by leave of the House. Mr. WILSON, of Iowa. I am paired with Mr. WADDELL, of North personal explanation-- Carolina, on all political questions. Mr. BLAINE. I did not. The result of the vote was then announced as above recorded. The·SPEAKER pro tempore. The Chair will first finish his remarks. Mr. BANNING moved to reconsider the vote by which tbfl resolu- Mr. JONES, of Kentucky. It was the statement of the Chair at. tion was referred to the Committee on the Judiciary; and also moved the t.ime that the gentleman rose to a personal explanation. Mr. BLAINE. But it was not the statement of the gentleman from that the motion to reconsider be laid on the table. The latter motion was agreed to. Maine. . The SPEAKER pro tempore. The gentleman rose to a privileged ~SSAGE FROM THE SENATE. question, and the Chair stated it to the House a,s one of ''personal A message from the Senate, by Mr. SYMPSON, one of their clerks, privilege." iniormed the House that the Senate had passed bills of the following Mr. BLAU.,TE. To a question of privilege, which is as different as titles; in which the concurrence of the House was requested: . anything can be. A bill (S. No. 619) to carry out in part the provisions of the act en- The SPEAKER pro temp&1'e, The gentleman rose to a question of titled "An act to abolish the tribal relations of the Miami Indians, personal privilege. · and for other purposes," approved March 3, 1S73; and Mr. BLAINE. Of high privilege, which is different from a personal A bill (S. No. 720) for the relief of Charles B. Phillips. explanation. The message further announced that the Senate had passed with- Mr. BLAND. It is now :five o'cloc , and, as we cannot do anything out amendment the bill (H. R. No. 2456) to release any title of the to-day in the way of business, I move the House do now adjourn. United States to a certain tract of land in Braxton County, Virginia, Several MEMBERS. 0, no; withdraw it. to Sarah Wilson. :Mr. BLAND. Very well, I withdraw the motion. [Laughter.] The message also informed the House that the Senate further in- Mr. McCRARY. I rise to a point of order. The Chair has decid- sisted upon its amendments to the bill (H. R. No. 1594) making ap- ed, when a motion was made to suspend the rules and pass the reso- propriations for the consular and diplomatic service of the Goveru- lution. that motion was excluded by the fact that the special order meut for the year ending J1me 30, 1877, and for other purposes, dis- for this day excluded all other business. My point of order is, that, agreed to by the House of Representatives, and asked a further con- if tho special order is of such high privilege as to exclude the motion ference with the Honse on the disagreeing votes of the two Hom~es to suspend the rules, it is also of such high prhilege as to exclude thereon, and ha.d appointed Mr. SARGENT, Mr. HoWE, and Mr. BoGY the motion to refer this resolution. I now call for the special order. as conferees on the part of the Senate. Mr. HOLMAN. This resolution is before the House regularly. CAPTAL~ .J. M. HAMILTON. The SPEAKER pro tetnpm·e. The Chair will state that this resolu- tion has come up, as he supposes, properly before the House after the The SPEAKER pro tempore, by unanimous consent, laid before the question raised by the gentleman from Maine of privilege or personal House a letter from the Secretary of War, transmitting the petition expln,nation, whichever it was; and the resolution at the end of his of Captain J. M. Hamilton, United States Army, for change in date remarks was before tho House without objection, but not to be dis- of his commission; which was referred to the Committee on Milita.ry posed of irregularly. Now the disposition of the resolution is prop- Affairs. erly beforo tho Honse upon t.ho motion of the gentleman from Ohio GEORGE W. CHILSON. [Mr. B.u.'NING] to refer it. The question is on the motion of the The SPEAKER pro tempore also, by unanimous consent, laid be- ~entleman from Ohio. In putting that motion no order of the House fore the House a letter from the Secretary of War, transmitting a li! violated and no ooo prt'judiced. copy of the papers in the case of George W. Chilson, recently decided Mr. PAGE. I call for the yeas and nays. iu the Court of Claims; which was referred to the Committee on The yeas and nays were ordered. Mill tary Affairs. . .. IV-227 • 3618 CONGRESSIONAL RECORD-SENATE. JUNE 6, A. GATES LEE. Also, a paper relating t.o the establishment of a post-route from Con- The SPEAKER pro tmnpore also, by unanimous consent, laid be- quest to Spring Lake, Cayuga County, New York, to tbe eame com- fore the House a letter from the Secretary of 'Var, in relation to pa- mittee. · pers in the case of A. Gates Lee, (House bill No. 2756 ;) which was Also, a paper relating to the establishment of a post-route from 1·eferred to the Committee of Claims. Waterloo, via :Magee's Corners, to Tyne, Seneca County, New Yo:rk, to the same committee. INSANE HOSPITAL INVESTIGATION. Also, the petition of A. Senedacer, nnd 57 citizens of Wayne County, Mr. MUTCHLER, by unanimous consent, submitted the following New York, that certain lands adjoining the navy-yard in Brooklyn, resolution ; which was read, considered, and agreed to: . New York, be set aside for market purposes, to the Committee on Ruolr1ed, That the Committee on Expenditures in the Interior Department have Military Affairs. permission to print the testimony taken in the investigation of the management Also, the petition of W. H. Dennis and other citizens of Zurich, of the Government Hospital for the Insane. Wayne County, New York, of similar import, t-o the Committee on PASTURAGE LANDS IN ARID REGION·S. Naval Affairs; · Mr. LANE, by unanimous consent, introduced a bill (H. R.No. 3667) By Mr. O'BRIEN: The petition of B. Deford & Co., of Baltimore, to provide for. the settlement of pasturage lands · in arid regions of Maryland, for compensation for tbe destruction of their tannery and ·the United States ; which was 1·ead a first and second time, referred other property at New Creek, Mineral County, West Virginia, to the to the Committee on P1,1blic Lands, and ordered to be printed. Committee on War Claims. TERIUTORIAL GOVERN!ttENT FOR INDIAN COUNTRY. Also, the petition of l<"'rancis A. Gibbons, for compensation for grain Mr. SPARKS, by unanimous consent, presented the protest of the furnished the Quartermaster's Dep~Lrtment, United States Armv, in 1854 and in 1863, to the Committee of Claims. ~. chiefs and head-men of the Great and Little Osage Nation of Indians, By Mr. O'NEILL: The petition of Henry Frank, of Philadelphia residents of the Indian country, against the establishment of a ter- Pennsylvania, for compensation for subsistence furnished the United ritorial government for said Indian country; which was referred to States Army, to the Committee ou War Claims. the Committee on Indian Affairs, and ordered to be printed in the By Mr. TEESE: The petition of James Dickson, of Newark, New RECORD. Jersey, for compensation for the seizure of his vessel and cotton in The protest is as follows : 1863 by the United States authorities, to tbe Committee of Claims. To the honorable Senate and Home of R~ruentatives in Oongress tUsembled, WtUh· By Mr. WELLS, of Mississippi: The petition of citizens of Missis- i·ngton, District of Oolumbia: sippi, for such legislation as will secure the immediate consideration We, your petitioners, chiefs and head-men of the Osa~e Nation of Indians, resi- dent in the Indian Territory, learn with some alarm of tne intro(luction of several by the proper Government officialB of their applications for pensions, bills into Congress for .the establishment of a territorial form of government over to the Committee on Invalid Pensions. the Indian country heretofore guaranteed by treaties to the peaceable possession of By Mr. WHITE : The petition of Ira Wells, for an increase of pen- the various Indian tribes resident therein forever, most of whom bold their titles in sion, to the same committee. fee-simple b.Y patent of the United States or by purchase of grantors holding such patents, which purchases have been confirmed by act of Congress. We entertain Also, the petition of Lewis Sowards, for a pension, to the same com- grave fears that the introduction of these bills is in the interest of extensive rail· mittee. road corporations, for the purpose of securing land ~nts contingent upon the ex- tinction of the Indian title. We fear that the est.abhshment of a terri tonal govern- ment o>er our country would be regarded as but the stepping-stone ro opening np the same to settlement by citizens of the United States and consequent extinction of the Indian title. In fact, we have grave apprehensions that the establishment of a duly-organized territorial ~overnment wonld be regarded by the courts as con- IN SENATE. ferring, under existing Jaws, the rights to citizens to settle upon the unoccupied lands thereof. This, we feel, woula be a grievous wrong upon the Indians, the TUESDAY, June 6, 1876. rightful owners of the soil b~ purchase; a wrong committea by a. ,1!1'6&t Government -Prayer..by the Chaplain, Rev. BYRON SUNDERLAND, D. D. upon a weakpeo~;~le,in violation of its solemn treaties; a wrong which in itself seems The Journal of yesterday's proceedings was read p.nd approved. almost to tletermme om future existence as a people. We cannot believe that the Government of the United States, our assumed protector and guardian, will perpe- trat~this wrong upon us, and for these and other reasons we do most; earnestly pro- HOUSE BILLS REFERRED. test against the establishment of a territorial government over the Indian country. The following bills from the House of Representatives were sever- LEAVE OF ABSENCE. ally read twice by their titles, and referred as indicated below: By unanimous consent, leave of absence was given as follows: A bi1l (H. R. No. 3636) to remove the political disabilities of Rich- To Mr. FAULKNER for ten days. ard S. Kinney and William R. Jones-to the Committee on the Judi- To Mr. PAYNE for eight days. ciary. To Mr. FROST for four days, on account of important business. A bill (H. R. No. 3187) to amend title 53 of the Revised Statutes, To Mt·. RusK for one.: week. relating.to merchant seamen-to the Committee on Commerce. To Mr. BENNETT for ten days from the 7th instant, on account of PETITIONS AND MEMORI.ALB. important business. To Mr. HATCHER for five days, on account of business. Mr. WINDOM presented the petition of 1,011 citizens of Minnesota, To Mr. THOJ\IPSON for three days from Monday. praying for an appropriation to complete the Fox River improve- To Mr. WmTE for .ten days from tbe 6th instant. ment and for the construction of a canal along the Wisconsin River And then, ou motion of Mr. LUTTRELL, (at five o'clock and twen- from Portage City to Prauie du Chien, Wisconsin, in accordance·with ty-five minutes p.m.,) the House adjourned. tbe third plan recommended by General Warren ; which was referred to the Committee on Commerce. Mr. WRIGHT presented the petition of 655 citizens of Iowa, pray- PETITIONS, ETC. ing for an appropriation to complete the Fox River improvement and The following memorials, petitions, and· other papers were pre- for the construction of a canal along the Wisconsin River from Port- sented at the Clerk's desk onder the role, and referred as stated: a~e City to Prairie do Chien, Wisconsin, in accordance with the third By Mr. ATKINS: The petition of Lytle Newton, for a reconsidera- plan recommended by General Warren; which was 1·eferred to the tion of his claim, disallowed by the southern claims commission, to Committee on Commerce. the Committee on War Claims. He also presented the petition of Hugh Devlin, Daniel Strain, and Also, resolutions of the general assembly of the Presbyterian Church other citizens of Webster County, Iowa, praying for the passage of a of the United States, in relation to the claim of Betbel College, to law reqnestin(J' the Supreme Court of the United States to cause to be the same committee. issued by the Federal courts of Iowa a general injunction restraining By lli. HARTRIDGE: Memorial of the Atlanta (Ge<>rgia) Medical all persons from mining or any other operation whatever except the Academy against the passage of the bill to incorporate -the National cultivation of the soil by the actual settlers, on all so-called Des Snr~cal Institute of rhe District of Columbia, to the Committee for Moines River lands in that State; which was referred to the Commit- the lJistrict of Columbia. teo on the Judiciary. . By Mr. LEVY: Memorial of John R. Williams, for compensation Mr. JONES, of Nevada, presented a petition of citizens of Lyon for property taken and nsed by the United States naval forces, to the County, Nevada, praying Congress to adopt some legal measures tO Committee on War Claims. prevent the further immigration of Chinese; which was referred to By Mr. MAcDOUGALL: A paper relating t.o the establishment of the Committee on Foreign Relations. a post-route from Macedon, via Macedon Center and West Walworth, Mr. WHYTE presented the petition of G. T. Beauregard, of Louis- to Lincoln, Wayne County, New York, to the Committee on the Post- iana, praying for .the removal of his political disabilities; which was Office and Post-Roads. referred to the Committee on the Judiciary. · Also, a paper relating to the establishment of a post-route from REPORTS OF COMMITTEES. North Huron to Lomini~ville, Wayne County, New York, to tbe same committee. Mr. SPENCER, from the Committee on the District of Columbia, Also, a paper relating to the establishment of a post-route fr~m Wal- to whom was refeued the bill (S. No. 777) to incorporate the National cott to North Walcott, Wayne County, New York, to the same com- Sanitary Abattoir Company of the District of Qolumbia, reported mittee. ad ver~ely thereon; and the bill waa rejected. Also, a paper relating to the establismnellt of ;:t. post~roqte from He also, frolll the same committee, to whom was referred the bill Butler to Butler Cente1, Wayne County, New York, to the same com- (S. No. 815) to establish a zoological park near the Capitol in the Dis- mittee. tdct of Oolwnbi~, and to incorporate a company to maintain the same 1876. CONGRESSIONA1 RECORD-SENATE. 3619 aml construct a railroad thereto, reported adversely thereon; and the construction of the Kansas and Neosho Valley Railroad and its extension to Red River," approved July 25, 1rl66. bill was rejected. Second, an act entitled" An act granting lands to .the State of Kansas to aid in Mr. SPENCER. I am also directed by the Committee on the Dis- the construction of the southern branch of the Union Pacific Railway and Telegraf.lh tl:ict of Columbia, to whom wa,s referred the bill (H. R. No. 2676) to from Fort Riley, Kansas, to Fort Smith, Arkansas," approved July 26, 1866. regulate the assessment and collection of taxes for the support of the Third, an act entitled "An act granting lands to aid in the construction of a rail- government of the District of Columbia, and for other purposes, to road anu telegraph line from the States of Missouri and Arkansas to the Pacific coast," approved July 27, 1866- report it with an amendment in the nat.ure of a substitute, and I give Have issuf\d any bonds or securities of any kind predicated upon the conditional notice that I shall call the bill up soon for action. grants of the lanas of the lndians of the illdian 'l'erritory claimed by said com· Mr. SHERMAN. I am directed by the Committee on Finance to panies or corporations under the above. mentioned acts; and, if it be ascertained that such bonds or securities have been so issued, then it shaH be the duty of the said submit a report on the resolution of the Senate of the 24th of Janu- committee to discover the amount of the s:\me, in whnt bands they o.re held, and ary, instructing the Committee on Finance to investigate the books whether or not the public faith of the United States is pledged for their payment and accounts of the Treasury Department, with a view to explain cer- or redemption. · tain discrepancies, &c. The committee have, in obedience to the order Reilolvedjurtht:r, That the said committee, in the discharge of the duties hereby imposud, be, and they are hereby, authorized to call for persons and papers, and be of the Senate, complied with their duty, and present the results of required to report the result of their investigations to the Senate aa early as prac- their investig~tion in a written report, which they ask to have printed. ticable. The PRESIDENT pro tempore. The report will be printed, under Mr. INGALLS. Let the resolution lie over. I wish to look at it. the rule. The PRESIDENT pro tempo,-e. On objection, the resolution goes Mr, THURMAN, from the Committee on Land Cla.ims, to whom was referred the hill (S. No. 2'24) enabling claimants to lands within the over ; and it will be printed. · limit-s of the Territories of New Mexico, Colorado, and Arizona to in- JOSEPH WALSH. stitute procedings to try the validity of their claims, rep01·ted it with- Mr. CRAGIN. I offer t4e fo11owing resolution: out amendment. Re.~olved, That the President, if not incompatible with the public service, be re- :Mr. WINDOM:, from the Committee on Public Lands, to whom was quested to furnish the Senate-with copies of all the papers now on the files of the referred the bill (H. R. No. 236) to give consent of the United States Department of State in the ca.~ of .Toseph Walsh, whow.'l8 unlawfully and in vio- to the appropriation of certain proceeds arising from the sale of the lation of existing treaty deprived of his prop~rty by certain parties in the repub- lic of Mexico. · swamp and overflowed lands in Alabama for the purpose of furnish- ing other and additional accommodations for the indigent insane and Mr. EDMUNDS. How can we vote for that! We do not know idiotic persons resident in said State, reported it without amendment. that he was unla.wfuily deprived of his property. Mr. WRIGHT. The Committee on Claims, to whom was recom- The PRESIDENT 1Jro ten~po1"e. Does the Se:Qator from Vermont mitted the petition of J. A. Briggs, executor of the estate of C. M. object to the present consider:ltion of the resolution' Driggs, deceased, praying compensation for certain cotton taken by Mr. EDMUNDS. I think it bad better go over. • the United States military authorities during the late war and sold The PRESIDENT pro tempore. Objection being made, the resolu.- and the proceeds covered into the Treasury, with additional papers, tion will lie over. · have instruct-ed me to report the same back and ask to be discharged FRANCIS T. NICHOLS. from its further consideration, and recommend that t.l1e claim be re- Mr. THURMAN. If the morning bu.siness is through, I move that jected. I wish to state in this connection that the claim was referred the Senate take up the bill (H. R. No. 26) to remove the political dis- at the last session of Congress to the Committee on the Judiciary. abilities of Francis T. Nichols, of Louisiana. It has been reported They reported adversely, and their report was concurred in. It was upon favorably by the Judiciary Committee of the Senate. referred to the Committee on Claims at this session. We submitted The motion was agreed to; and the Senate, as in Committee of the a written report thereon, which was concurred in. Additional evi- Whole, proceeded to cousi£ler the bill. dence in favor of the claim was afterwal'{l submitted and referred to The bill was reported to the Senate without amendment, ordered the commit.tee with the order of recommittal. We have examined to a third reading, read tho third time, and passed, two-thirds of the this additional evidence and find nothing in it whatever to change or Senate voting in favo1· thereof. in any way to affect the conclusion to which we arrived at the time LUTHER HALL. we made our former report. I am therefore instructed to report the petition back and recommend that the claim be rejected. Mr. WAD LEIGH. I move to take up 1::5enate bill No. 398. The report was agreed to, and ordered to be printed. The motio11 was agreed to; and the bill (S. No. 398) for the relief of Luther Hall was read the second time aml considered as in Com- BILLS INTRODUCED. mitte of the Whole. It authorizes the Commissioner of Patents, upon Mr. LOGAN asked, and by unanimous consent obtained, leave to due application made to him therefor, and upon the same evidence introduce a bill (S. No. 90~l) for the relief of E. A. Clifford, postmaster and rules of law as in ordinary extension cases, to extend the patent at Evanston, Illinois; which was read twice by its title, referred to granted to Luther Hall and S. S. Hemenway September 27, 1859, and the Committee on Post-Offices and Post-Roads, and ordered to be numbered 25605, for a machine for shaping heels of boots and shoes, printed. for the term of seven years from and after the passage of the act ; Mr. FERRY asked, and by unanimous consent obtained, leave to and tbe patent so extended shall have the same etfec tin law as if introduce a bill (S. No. 904) for the relief of William C. Nichols, originally granted to Hall for the term extending to the end of the late a.ssistant trea.snrer of the United States at Chicago, Iilinois; term for which it shall be so extended; but no person shall be liable which was read twice by its title, and, together with the accompany- for infringing such extended patent by reason of any manufa-cture, ing papers, referred to the Committee on Finance. nse, or sale subsequent to the 27th day of September, 1873, and prior Mr. CAMERON, of Pennsylvania, asked, and by unanimous con- to the passage of the act. sent obtained, leave to introduce a bill (S. No. 905) in relation to Mr. EDMUNDS. I should like to bear.the report read. vacanciesiu the office of appraiser of customs at any port of tho The Chief Clerk read the following report submitted by Mr. KER- United States; which was read twice by its title, referred to the Com- NAN, from the Committee on Patents, February 4: mittee on Commerce, and ordered to be printed. The Committee on Patents, to whom was referred the petition of Luther Hall, BELLIGERENCY OF CONFEDERATE STATES. of Boston, praying that an act be passed authorizing the extension of the letters- patent hereinafter mentioned, respectfully report: Mr. BOUTWELL. I offer the following resolution for present con- That said Hall is the first and original iuventorof certain valuable improvements sideration, to which I presume there will be no objection: in maebines for trimming the heels of boots and shoes, for which letters-patent of the United States were granted to him and S. S. Hemenway September 27, 1859, Resolved, That the President be requested, if not inconsistent with the public in- numbered 2560;>, which expired the 27th of September. 1673. The said Hall be- terests, to furnish the Senate with a. f• ··c simile copy of the original draught of the let- l!towed time, labor, and skill in inventin"' and perfectin~ the improvement patented, ,.... ter of the Secretary of State to the minister of the United States at the court ot St. and the letters-patent were issued t'rJ tlw Stmate of the United States, That the Coiiliilittee on the Judiciary term would amount to a l::LJ'ge sum of money. Immediately after the makingof such be, and they are hereby, instructed to ascertain whether or not the railroad corpo- written contract, a.n(l more ~han ninety days before t.he patent expirecl, the petitioner, ratiom~, or any of them, mentioned under acts- by the direction of the agent of the association, went to the attorney of the a.s.'iocia- First, _an act entitled "An act granting lands to the State of Kansas to aid in the tion and executed what he was informed were the necessary papers to apply for !3620 CONGRESSIONAL RECORD-SENATE. JuNE 6, the extension of the letters-patent; and he fully believed that the application for cases to the disapproval of Congress." I am a little afraid that as by the extension of tht~ patent was properly made by the association, and would be an act of Congress this bill provides for a specific way to pass a law ~rant.ed. Subse9.uently, and about the time the letters-patent expired, the petitioner and says it shall be a law, it would be a little out of the usual cate- learned, for the first time. from the agent of the heeling assooiation, that the applica- gory and Congress would have no power afterward to rectify that tion for the extension of the letters-patent had not been made to tho Commissioner of Patents, said agent alle~ng in excuse that the omiswn wa11 by the negligence of the legislation. attorney of tbe association. The petitioner relied upon the association to file in time Mr. HITCHCOCK. It would be a law undoubtedly without that and prosecute the application for the extension of the letters-patent, and, but for until Congress should disapprove it. this reliance, he would have procured an application for the extension t() have been Mr. EDMUNDS. · Yes. made before it was too late to £1o so. It appears that the said McKoy Heeling-ma- chine Assooiation bas been and is manufacturing and·selling machines which em- Mr. HITCHCOCK. And it would with that, precisely in the same brace the improvement invented by the petitioner, and which was secured by the manner. aforesaid letters-patent. Mr. EDMUNDS. But the disapproval by Congress of a territorial The petitioner bas been and is without any considerable means, except his daily law would have a different effect from the repeal by Congress of an wages as a mechanic, and he bas made a contract with a responsible party whereby, in the event that said letters-patent are extended for his benefit, it is believed be act of Congress, I think. So I would suggest an amendment by put- will realize a fair and just compensation for his invention and improvement. t.i ng in a proviso "that acts so becoming laws as aforesaid shall have The·committee are of the opinion that the petitioner is entitled t.o relief, and rec- the same force and effect, and none other, as the other laws of the ommend the passage of the bill herewith reported. All of which is respectfully submitted. Territory." I am sure there is no objection to that to guard against The bill was reported to the Senate without amendment, ordered a possibilitv. to be engrossed for a third reading, read the third time, and passed. Mr. HITCHCOCK. I have no objection to the amendment. SAMUEL JONES. The PRESIDENT pro tempor 28, 1850, was resumed as The bill was reported to the Senate, ordered to a third reading, in Committee of the Whole. rea.d the third time, and passed. The Committee on Public Lands reported the bill with an amend- HARRISON H. DODDS. ment to strike out the second and third sections, in the following words: Mr. INGALLS. I move the present consiaeration of Senate bill No. SEC. 2. That all lands in the State of Florida which have been retnrnecl as im- 737. J!racticable to survey by reason of being swamp or overflowed shall be certified to The motion was agreed to; and the bill (S. No. 737) granting a said St-ate as swamp and overflowed lands by the Commis ioner of the General pension to Harrison H. Dodds was read t-he second time, and consid- Land Office: Providfd, however, That said Commissioner may require the governor ered as in Committee of the Whole. It proposes to pla-ce on the pen- lands of said State to flll'·uish additional evidence with respect to the character of said before certifying the same as aforesaid. sion-roll, subject to the provisions and limitations of the pension laws, SEC. 3. That in such townships in the State of Florida as are notoriously swamp the name of Harrison H. Dodds, late private in Company C, Sixteenth or overflowed, or where SSt.tisfactory evidence shall be furnished to the Commis- Ohio Volunteer Infantry, and Company D, Ninth Regiment Ohio Vol- sioner of the General Land Office that snch townsllips are entirely swamp and unteer Cavalry. overflowed, it shall not be neces.s ary w subdivide such townsbips1 but to run only the exterior lines; and where large quantities of land are notonously swamp or The bill wa.s reported to the Senate, ordered to be engrossed for a overflowed, or are shown to be such by satisfactory evidence as aforesaid, the Com- third reading, read the third time, and passed. missioner may direct the surveyor-generol to make aegre~ation surveys thereof, running only the exterior lines, upon application to the surveyor-general by the A. F. M'MILLE~. governor of said State. Aml when surveys are ma£1o as herein authorized the sur- Mr. CLAYTON. I move to take up House bill No. 3033, which was veyor.general shall report the same, with maps thereof, to the General Land Office, representing and describing what land was swamp and overflowed according to the reported yesterday from the Committee on Military Affairs. best evidence be can obtain. And it sh:ill. be the duty of the CommisRi.oner of the The motion was agreed to; and the bill (H. R. No. 3033) for the relief General Laud Office to certify over to the State of Florida as swamp and overflowed of A. F. McMillen, late captain First United States Heavy Artillery, all the lands represented as such upon the maps or in the returns of the surveyor. was considered as in Committee of the Whole. It provides for pay- general, or whith shall be determined to be such upon the testimony taken befote surveyor-general, the decision of the surveyor-general thereon w be subject to ing to A. F. McMillen, late captain First Colored United States Heavy the the approval of the Commissioner of the General Land Office. Artillery, $1BO, the amount of three months' pay proper, as provided by the act,s approved Ma,rch 3, 1865, and July 28, 1866. The amendment was agrf'.ed to. The bill was reported to the Senate, ordered to a third reading, read Mr. EDMUNDS. I should like the Senator from Indiana to tell the third time, and passed. us what the bill means, a.nd what is the necessity for passing it on W. H. JE~'IFER. the present state of the law T .Mr. DENNIS. I move to take up Senate bill No. 773. l\lr.;McDONALD. The Senator, of course, is familiar with the act The motion was agreed to; and the bill (S. No. 773) to remove the of 1850 granting swamp and overflowed lands to the State of Arkan- political disabilities of W. H. Jenifer1 lat.e first lieutenant Second Cav- sas and other States named in that act. In 1860 a supplemental act alry United States Army, was read the second time, and considered as 'that was passed extending the provisions of the act of 1!:l50 to the St.ates in Committee of the Whole. had l>een admitted into the Union since the passage of the :first Mr. ANTHONY. Is there any report in this case f ac.t. It also contained a proviso limiting the right of election and The PRESIDENT pro tmnpore. There is no WTit.ten report: Tho bill confirmation to two yerrrs after there should be a. regular session of was reported from the Committee on the Judiciary. the General Assembly of the State in which the lands were situate, The bill was reported to the Senate, ordered to be engrossed for a where they ha.d been previously surveyed; and if not surveyed, third reading, read the third time, and passed by a two-thirds vote. within two years after the survey should be made. There was no legal Legislature in the State of Florida after the VETO POWER IN ARIZONA TERRITORY. passage of the act of 1860 until after the close of the rebellion and the Mr. IDTCHCOCK. I move to proceed to the consideration of House re-organization of the State, and then within two years from the re- bill No. 1970. organization of the Stat-e the State availed itself of the provisions of The motion was agreed to; and the bill (H.·R. No.1970) relating to the act of 1t:!60 so far as to make and certify its selections; but more the approval of bills in the Territory of Arizona was considered as than two years having passed, the Commissioner of the General Land in Committee of the Whole. Office declined to confirm the selections thus made. The Committee on Territories proposed to amend the bill in lines 19 Mr. EDMUNDS. On what ground f and 23 by striking out the word "three" and inserting ''ten" as the Mr. McDONALD. On the gro"Qnd that the statute of limitations number of days allowed to the governor. had run against the State ; that is, more than two years had trans- The amendment was agreed to. pired after the passage of the act of 1860 before the selections were Mr. EDMUNDS. I call the attention of the chairman of the Com- made. mittee on TerritoTie8 to the language of the bill, which says that this Mr. EDMUNDS. How many acres are selected f territorial act passed in a certain way shall l>ecome a law, and sug- Mr. McDONALD. The report of the Commissioner of the General gest whether it is not necessary, in order to put it on the same foot- Land Office to the committee states the numl>er of acres embraced ing as other territorial laws and not give it the approval of Congress in the selections, which I am not al>le to state. It is upon the files in advance, to say "that all such laws shall be subject as in other of the committee. 1876. CONGRESSIONAL RECORD-SENATE. 3621 ' Mr. EDMUNDS. About how many acres f seems to stand upon the old law, and is not an enlargement of it, and Mr. McDONALD. I am not able to state the quantity, because my as it is said to stand merely upon a point of time, I shall interpose memory does not serve me on that subject. If it is important, the no opposition to the report of the committee on this bill. files of the committee will show the letter of the Commissioner of the Mr. McDONALD. That is all. It stands simply on the point of General Land Office on tha,t subject. time. Mr. EDMUNDS. Is this bill recommended by tlte Interior Depart- The bill was reported to the Senate as amended, and th~ amend- ment? ments made as in Committee of the Whole were concurred in. Mr. McDONALD. It is not recommended nor is it opposed by The bill was ordered to be engrossed for a third reading, read tho the Department of the Interior. The Commissioner of the General third time, and passed. Land Office simply declined to confirm the selections because more HORACE GLOVER. than two years had passed after the passage and taking effect of the Mr. KEY. I move to take up the bill (S. No. 811) for the relief of act of 1860. · Perez Dickinson, the surviving partner of James Cowan, deceased, Mr. EDMUNDS. Is that the sole point presented in the report heretofore trading and doing business under the firm name and style from the Interior Department t of Cowan & Dickinson, of Knoxville, Tennessee. Mr. McDONALD. _That is the sole ground on which the Interior Mr. WRIGHT. I wish to suggest to my friend from Tennessee Department refused to act; and the answer is that there was no legal that there are but five minutes left of the morning hour, and I am Legislature, no legal body authorized to. make these select.ions !l'ft~r very certain that bill cannot pass in the morning hour, and I know that time had passed, and that the selectwns have been made w1thm the question ba.s been up before and has always provoked discussion. the time since there was a legal Legislature, within the two years. Mr. KEY. I do not wish to impose on the Senate this morning. This matter was fully considered in the committee, and the second Mr. WRIGHT. I should willingly give way if I supposed the Sen- and third sections, which extenued to Jands that had not been !Sur- ator could get the bill through. veyed, were stricken out, and the bill wa-s confined simply to the sur- Mr. KEY. I hope, then, I shall be allowed to bring it up to-morrow veys and selections. The committee were unanimous in favor of the morning. I yield this morning to the Senator from Iowa. bill as t.hus amended. Mr. WRIGHT. I do not wish to be understood as antagonizing my Mr. EDMUNDS. I should like to ask the Senator from Florida- friend, but I understand the case. 'fhere is a little House bill, No. perhaps be knows-a-s a mere matter of public information, about ~ow 159'2, that I sbonld like to have passed. I move to take it up. many acres of land are embraced in this bill f The motion was agreed to ; and the bill (H. R. No. 1592) to re-im- Mr. JONES, of Florida. I am not prepared to state the number of burse Horace Glover. for property unlawfully seized and sold by the acres that are embraced in the selections covered by the bill at this United States Government was considered as in Comp1ittoo of the time, because I did not conceive it important to ascertain the number Whole. It is a direction to the Treasurer of the United States to pay of acres. to Horace Glover or his legal assignee or representatives the sum of Mr. EDMUNDS. Cannot the Senator give us an estimate t 388.50, being the amount realized by the United States Government Mr. JONES, of Florida. I suppose there are at least from five hun- throuah the unlawful seizure and sale of Glover's property; but dred to eight hundred thousand a~res. I am not sure as to, and can- Glove~, or his legal assignee or representative, is to release and assign not state positively what, the number of acres is. I will say to the to the United States all ~laim or right of action against any officer of Senator from Vermont that this is a matter that affects very deeply the United States or his sureties on account of the seizures. the interests of my State. The Supreme Court in 1869 gave a con- The Committee on Claims report the bill with an amendment, struction to the act of 1850 under which those lands passed to the which was in line 11, after the word" claim," to strike out the word State of Florida. Just one paragraph from that decision will show "or" and to insert "to said money and." the view they take of it : The amendment was agreed to. By the second section of the act of 1850 it was made the duty of the Secretary of Mr. EDMUNDS. I should like to hear the report read. the Interior to ascertain this fact and furnish the State with the evidence of it. Mr. WRIGHT. I will state to the Senator from Vermont in a mo- This was swamp land. ment that it seems that this man's property was seized because of an Must the State lose the land, though clearly swamp land, because that officer ha.s alle"'ed violation of the revenue laws, and being perishable was sold, neglected to do this 7 The right of the State did not depend on his action, bnt on and the money passed into the bands of the United States officer. It the act of Con!ITess ; and though the States might be embarrassed in the assertion turned out afterwad that he was acquitted entirely of any offense of this right by the delay or failure of the Secretary to ascertain and make out aO'ainst the Government; it was fonnd that be was entirely innocent. lists of these lands, the right of the States to them could not be defeated by that delay. ~fy friend suggests that the word " assignee" had better be stricken out of the bill because of the genera,l feeling that it is thought to be Under the act of 1850 the title to these lands rest-ed absolutely in tme public policy and better that the person immediately interested the State; the duty of making the selections wa.s devolved on the should receipt for it. I have no objection to striking out those words, Secretary of the Interior; and the Supreme Court held in the case as there are amendments to the bill anyhow, and it will have to go before me, the case of the Railroad Company 1'8. Smith, in 9 Wallace, back to the Honse. that the right of the State could not be affected by the failure or The PRESIDENT pro tempore. It is moved to strike out, in line 6 omission of the Secretary of the Interior to prepare the lists and have and line 10, the words "assignee or." the selections made in accordance with the law. The lands are in The amendment was agreed to. this condition: The Government of the United States are not willing Mr. WRIGHT. Will the Clerk be kind enough to read the first to make title to anybody; they say they have no right to regard these part of the bill t It is suggested that it says "the Treasurer of the lands as part of the public domain; the State of Florida can make Uniter a I do not know but that it is too late to make any criticism upon third rea-ding, read_the third time, and passed. that species of disposition of these lands. Certainly the States get THOMAS F. WILDES. the benefit of them, and that perhaps is better than their going into Mr. SHERMAN. I ask the indulgence of the Senate to act upon the hands of private speculators. But in most of these case~ it has House bill No. 3179. turned out, if you take the opinion of intelligent travelers, writers, There being no objection, the bill (H. R. No. 31i9) granting a pen- ancl citizens of the States, that what are called swamp lands are sion to Thoma-s F. Wildes, late lieutenant-colonel, One hundred and really in a large degree not swa.mp lands, but good lands, and that sixteenth Regiment Ohio Volunteeers, was considered as in Com- it is a mere means of getting into the bands of the State or its au- mittee of the Whole. thorities lar~e quantities of the public domain to be disposed of for The bill was reported to the Senate, ordered to a third reading, such beneficial uses as they may think fit. Certainly, as this case read the third time, and passed. 3622 CONGRESSIONAL RECORD-SEN.LL\.TE. JuNE 6, AMENDMENT TO APPROPRIATION BILL. The PRESIDENT pro tempore. The question is on the amendment Mr. MORRILL, of Vermont, submitted an amendment intended to to the amendment. be proposed by him t,o the sundry civil appropriation bill; which was Mr. EDMUNDS. On that I ask for the yeas and nays. ref~rred to the Committee on Appropriations, and ordered to be The yeas and nays were ordered. · pl'inted. Mr. THURMAN. I should like to have tho' Senator from Vermont IMPEACHMENT OF W. W. BELKNAP. explain to me whether the amendment requires that they shall turn out the excess now in or whether it is ouly to operate upon appoint- The PRESIDENT pro tentpore. The hour of one o'clock having ar- ments in the fnture f rived, legislative and executive business is suspended and the Se:p_ate Mr. EDMUNDS. I suggest to the Senator from Ohio that that proce-eds to the consideration of articles of impeachment exhibited point is not now precisely up. The question is on the amendment to by the Hoose of R-epresentatives against William W. Belknap, late the amendment, which merely provides that this appointment bo Secret-ary of War. 'l'lle Sergeant-at-Arms will make proclamation. made as proposed in the original amendment after an exammation The Senate then proceeded to the trial of the impeachment of by a board, from which the most worthy and competent thns ascer- William W. Belknap, la.te Secreta.ry of War. tained sha.ll be selected. That is all the pending question. The Senate sitting for the trial of the impeaehment of William W. Mr. THURMAN. The question, then, is not on the original proposi- Belknap having adjourned then resumed its tionf LEGISLATIVE SESSION. Mr. EDMUNDS. No, sir ; but on the amendment to it. The PRESIDENT pro tentpore. The Senate resumes its legislative Mr. WEST. If the Senator from Ohio will allow me, I will state session. The unfinished business of yesterday is the business in order. to him that the language of the proposition of the Senator from Ar- kansas is the language of the statnte now relating to the Treasury LEGISLATIVE, ETC., APPROPRIATION BILL. Department, and the construction of that Department is to make 110 The Senate, as in Committee of the Whole, resumed the considera.- removals except when vacancies occur either by death, resignation, tion of the bill (H. R. No. 2.=l71) making appropriations for the legis- or otherwise. Then the cllanges are made in favor of the States lath·e, executive, and judicial expenses of the Government for the whicl.J lack their quota; but the Department makes no removal un- year ending J nne 30, U377, and for other purposes. der the statute, and this is a ·similar provision of law. The PRESIDENT P''O tempore. The pending question is on the mo- Mr. CRAGIN. Except the latter part of it. tion of the Senator from Maine [Mr. MORRILL] to lay upon the table Mr. CLAYTON. I ask that the amendment of the Senator from the amendment proposed by the Sena.tor from Arkansas [Mr. CLAY- Vermont be reported separately. TON] and t~e amendment. to the amendment offered by the Senator The Chief Clerk read the amendment to the amendment. :ft'om Vermont, [Mr. EDMUNDS.] Mr. CLAYTON. I simply want to say tha.t we already have upon Mr. MORRILL, of Maine. I understood tha.t the vote was taken the statute-book authority for the President to constitute a board npon my motion. and to take such steps for the ascertainment of the qualifications of The PRESIDENT pro tempore. The vote was taken by yeas and those applying for positions in the Department, as fully in my judg- nays, but there was no quorum voting, which loaves that the pending ment as a member of this body a.s seems necessary. If the Seuator question. . from Vermont desires to put in force t.he civil-.service ro1es again, it Mr. MORRILL, of Maine. I will withdraw that motion, if I can seems to me that conld be accomplished by offering ::m appropriation do so at this time. for that purpose. As I unden~tand, the civil-service regulations fell Mr. EDMUNDS. It cannot be withdrawn after the yeas and nays to the grotmd for t.h e lack of an appropriation to continue them. If have been ordere{l. we constitute this board, it will be simply prescribe such regulations for the admission of time. per ons into the civil service of the United States aa may I.Jest promote the efficiency Mr. CLAYTON. I should like to ask the Senator from Vermont thereof, and ascertain the fitness of each candidate in respect to ago, health, char- before he takes his seat whether it is his intention to have all the and acter, knowledge, and ability for the branch of service into which he seeks to enter; a.Ppointees of the Treasury Department subjected to this examina- ni.ayfor this purpose he may employ suitable persons to conduct such inquiries, and prescribe their duties and establish regulations for the conduct of persons who tion f ma.y receive appointments in tbe civil service. (Revised Statutes, section 1753.) · Mr. EDMUNDS. It is my int.ention to have exa.ctly what my proposition fairly imports. I will not go into a discussion of how Then the next section provides th:tt- much it imports, because I desire to deal with entire candor; but if Persons honombly dischargf'd from the military or naval service by reason of dis- I have time, na the saying is, I desire to say that all the classes ~f ability resulting from wounds or sickness incnrrell in the line of duty shall be appointments that my friend's amendment refers to, and tha.t I un- preferred for av.pointments to civil offices, provided they are found to posseas the derstand him to mean it to refer to, although the language is not busineas capaCity necessary for the proper .discharge, of the duties of snch offices. clear-those in the Executive Departments here in Washington-are It seems to me that these sections cover all that is necessary, ex· intended to be embraced by my amendment. cept, I think, a reasonable appropriation ought to be made for extra Mr. CLAYTON. My amendment not- only includes the clerks, but pay to officers of the Government who ma.y be designated in each De- the messengers and laborers (:\mployed in the various Departments. If partment for its service, or, if necessary, power given to appoint my amendment doed not include them, I certainly meant to make it agents in lieu of officers of the Government at the pa.yment of a rea- do so. sonable snlary. Mr. EDMUNDS. Then my friend means what his proposition ~oes. Mr. HOWE. Mr. President, I am extremely reluctant to vote not state. His proposition says "a.ppointments." We appoint a clerk, against any proposition which is offered with a. view of improving we hire a laborer. the chara.cter of our civil service. I will not vote against any prop- Mr. CLAYTON. Do we not appoint n. messengerf osition which, in my judgment, will have the effect of improving :Mr. EDMUNDS. We appoint a messenger, probably. I do not that service. I sha.ll be obliged, with the present light I have, to know how that is, but I should be perfectly willing to have this test vote against the amendment of the Senator from Vermont, for the applied to them, and I think it desirable for messengers often per- satisfactory reason to myself that I honestly believe that instead of form clerical duties and a1·e intrnst.ed with most important work. I its improving the service, it would demoralize the civil service. am not at all disturbed at the danger of having an examination into One thin~ which your examining committee can determine, and t.be fitness of a man for a messenger, not the slightest. If there be ten the only thing entering into the fitness of a man for one of these from Arkansas and only three to be appointed, then I say the three clerical positions, is the amount of his literary attainments ; but men from Arkansas ought to be appointed who will make the best when you determine which of two or which of a dozen men is the messengers, who are most worthy and most competent. farthest advanced in literary pursuits, you have not begun to deter- Mr. CLAYTON. I ag1·ee to that. 1 want to do the best thing, of mine the question of his fitness for clerica.l duties. He may be one course. of the best scholars extant and be totally unfit for a.ny clerical posi- l!r. HAMLIN. Mr. President, I am almost disposed to vote for tion in these Departments. It is diligence, fidelity, a spirit of a.ccom- any measure that will increase the competency and efficiency of the modation-- cleri~n.l service or the service in any of the Departments. I wish Mr. EDMUNDS. Does not that fall under the bead of worthiness to do so. But the question as presented involves me in embaTI'ass- and competency f ment. As I understand, the Senator from Vermont has proposed an .Mr. HOWE. That falls under the head of worthiness and compe- amendment to the one already offered by the Senator from Arkansas. tency; but they are questions which no exi.\Jllination by a board of I will vote for the amendment proposed by the Senator from Ver- examiners can determine. Trial and trial alone will determine them. mont because, whatever may be the result, it is a look, in my judg- You make the head of the Department responsible and hold him re- ment, in the right direction ; but, if it be adopted by the Senate and sponsible for the character and the conduct of every man who is in made a part of the proposition submitted by the Senator from Ar- his Department, and then you may look for reasonable service, if you kans.'l.S, then I shall vote against it, because the two things are incon- get a proper man at the head of the Department; but you put the gruous. You seek to improve your service, and then you undertake best man in the United States at the head of a Department and make to fix the limits within which you shall get your appointees, whether his subordinates responsible, not to him, but responsible to some board they are as well qualified as others or not. I should like to vote upon having no connection with him and not responsible to him, and he the two propositions distinct: against the one and for the other. I loses control of his employes from that moment. will vote for the amendment of the Senator from Vermont; but, if it ~1r. President, I know how diligently the idea is held out that if is incorporated with the first one, I will then vote against them both; you do not have some such machin(:\ as t-hat of au examining com- because there is more of evil in the first than there is of good in the mittee to intervene, these clerical positions are rated as mere politica.l secoudl. and, indeed, the one part negatives and nullifies the other. gifts for partisan services. It may .be they are . . The inference is Mr. .J!;DMlJNDS. Not entirely. that as long as such is the case incompetent men will be put into of- Mr. HAMLIN. No, I willnotsayentirely; butitba.sthattendency, fice in order to promote the election of shiftless and worthless men to the Senator will admit. I think if you are ~oing to improve your Congress and other positions. I have not understood myself tba.t service you want the best men, those best qualified, most efficient, and that was exactly the shortest way to get into Congress or to get into most competent. ._ any other desirable position, to appoint worthless men to subordinate Mr. SHERMAN. I should like to have read for the benefit of the positions. I supposed a better way, in the face of an intelligent Sen at~ the proposition of the Senator from Vermont alone. people, was to promote the appointment of good, competent men, The Chief Clerk read the amemlment to the amendment. worthy men. I do not believe any man can promot-e his election to Mr. SHERMAN. This proposition requires a board of officers to be the Senate from the State of Vermont by gathering up all the vaga- appointed, by and with the advice and consent of the Senate, to pass bonds he can find on the street-corners, although they talk politics upon all appointments for the Executive Departments at Washing- very glibly, very loudly, and crowding these Departments with them. ton, covering all the d.ifterent Departments of the Government. In I do not think the Senator from Vermont will testify that he baa ever the first place, it is totally impracticable for a single board to pass tried tha.t, and I do not believe he will testify or admit that he would upon the appointments of the various officers of the Government think it a safe experiment. . here. Besides, the Constitution of the Unit.ed States declares that I know there is a great deal of odium at the present day heaped the power to appoint shall be vested either in the President of the upon that old adage " To the victors belong the spoils." That is an United States or in the beads of Departments. Each head of a De- unworthy sentiment, and it is an untrue one in every point of view. partment has the power to appoint; and yet here is to be a board, There are no spoils under our system for victors to control. There not responsible to any head of a Department, controlling and govern- are duties which every national election charges upon the victors; ing all the appointments made in all the Departments of this Govern- a.nd the one great duty, which includes all others, i.e to administer ment. It seems to me it is totally impracticable, with due deference the Government to the best interest of the American people; and I to the opinion of the Senator from Vermont. want every administration, be it with me or against me, to fill that On the other hand, if Congress really desires to promote civil service duty charged upon it, and to be as unrestricted in the discharge of reform ana will make a suitable appropriation to carry it into effect, that duty aa it is possible for it to be. the law now upon the statute-book is ample and admirably expressed, The PRESIDENT pro tempore. The Senator's time has expired. WM adopted after full debate and with words carefully chosen so as Mr. HOWE. Well, I am through. to give the President of the United States power not only to appoint Mr. MORRILL, of Maine. .Mr. President, I think the amendment pne but several boards, not only to appoint several boards, one for of the Senator from Vermont is madequate to accomplish the purpose 3624 CONGRESSIONAL RECORD-SENATE. JuNE 6, he evidently has in view. It provides a commission without any of the United States in the Departments in Washington, and not un- means of executing i t - dertaking to examine every country postmaster (as the present Jaw Mr. EDMUNDS. If we cannot get the commission we shall not requires if you do anything about it at all) that his neighbors waut need the means ; and if we get the cr mmission we shall try to find to have occupy a seven-dollar store-I say I cannot doubt that when tho the means. · committee come to consider this proposition, as it will be carried by re- Mr. MORRILL, of Maine. We have had a little experience on that committing the bill with it for their consideration, if it lacks an ap- point, I will say to my friend from Vermont. When we had an am- propriation or lacks any other matter of detail, to make it what it ple method of doing it, we could not get the means. I remember that ought to be to achieve the end in view, the committee will consider within the last eighteen months the President of the United States it, and will so roport. gave notice to the Con~ress of this nation that unless an appropria- My honorable friend from Mame says that on this particular bill tion was made he would withdraw the rules and regulations he had this is especially objectionable, because this is the most difficult bill made in regard to the public service on this branch. He had aJI!ple of any. I had not so supposed before. The largest part of this billis authority under the act of Congress; he had taken the necessary merely to provide compensation for the fixed officers an(l employes steps as he supposed in his way; I do not stop to comment on the of the Government; it does not contain any policy; it does not con- system established; but the Congress of the United States absolutely tain any large amount of discretionary appropriations, as the miscel- refused to make the appropriation; and now, I submit to my hon- laneous bill for instance does, and as the deficiency bill always doe~. orable friend, what encouragement is there to suppose that if it is This is a bill like the pension bill, and so on, which has less of in- renewed in this shape he will meet with any better success T trinsic difficulty in it than any other. Therefore, Mr. President, if . Mr. EDMUNDS. The encouragement is that I trust Congress is in we are to legislate at all upon appropriation bills, which I have said a better mind now than it· was then; and, second, I trust if this over and over again, with one notablo exception, I think we ought amendment of mine be adopted together with that of the Senator never to have done, this is the bill. from Arkansas, and without it if his should be moc.lified in any way, But my friend from Maine says that I am actin~ inconsistently my- the Committee on Appropriations will feel it to be a pleasure, as well self in proposing this amendment only twenty mmutes or less after I as a cluty, to bring in an item to pay necessary expense. had opposed one by the Senator from Ohio on the grouml that it was Mr. MORRILL, of Maine. I am not going to argue the proposition legislation. [only reply to that that if the Senate, as it has shown, at all. It is incomplete in itself and does not improve the case one is of the opinion that legislation upon this bill is suitable where there particle over what it is now under the statute. It provides for a is a necessity for it, then there is the highest nece~sity when we are commission. That is already provided for amply. The President may providing for the clerks and appointees in the Departments at Wash- appoint them to-morrow, and if you can persuade him and give him ·ington that we should provide for reducing the oxpenses of the Gov- the means, he will do it doubtless . .It neit.her fixes the salary nor ernment by taking pains to select the most worthy and tho most com- prescribes the duty particularly of those parties, nor does it provide petent, in order that the least number of men and at the least ex- funds to pay them. That is all for the future, and of course it will pense to the tax-payers may be employed in this public service. That be all left open. Therefore, I submit it is no more complete than the is the 'proposition. · . proposition we have now. But the honorable Senator from Ohio says or intimates that we are But that is not my objection. My objection is that I do not think invading the Constitution, because we are putting a bridle upon the it lies in the way of my honorable friend from Vermont to raise this power of appointment mentioned in the C()nstitution as being capa- question of legislation on an appropriation bilL Not twenty minutes ble of being attributed to the head of a Department in the clause before my honorable friencl proposed this legislation he objected to a which says that the President shall appoint or that Congress may by matter that he supposed was legislation proposed by the Senator from law vest the appointment in the heads of Departments of officers of Ohio, [Mr. SHER~IAN.] the United States. Sir, there have been laws on the statute-book Mr. EDMUNDS. But the Senate overruled me. ever since the Government was formed ancl nobody has suspected un- Mr. MORRILL, of Maine. The Senator, after some explanation I til now that they were unconstitutional, that when yon come to regu- believe, withdrew his point. late the power of appointment that the Constitution confers on the Mr. EDMUNDS. I gave it up as entirely impracticable. Now I President a..tion of a committee. superseded tho motion to suspend ·the rules. Then Mr. McCRARY AJ\IENDl\IENT OF THE RULES. rose, after that ruling, saying distinctly, not as an a.rgument relating to the ruling, " I rise to a point of order. My point of order is that Mr. RANDALL. I ca.ll for the regular order, and ask that the uti- the call for the special order supersedes also this motion to refer." finished business of Sa(;urday be now Jlroceeded with. Now, that point of order of the gentleman from Iowa[Mr. McCRARY] The SPEAKER pro ten1p01·e. The unfinished business of Saturday is was overruled by the Chair, and it is that decision of the Chair which the report of the Committee on Ru!es, made by the gentleman from is not in the J ourn::tl. Pennsylvania.; [Mr. RANDALL,] proposing to add to Rule 152 that In regard to the suggestion of the gentleman from illinois, [:Mr. which the Clerk will read. · SPRINGER,] allow me to say that our rules specifically require that . T~e Clerk read as follows: there shall be in a separate place at the end of tbe Journal a state- And on any question referred to them by the Honse in relation to the currency, ~,he said committee may, during the present session, report at any time. ment of all the points of order upon which the Chair has rqled. Of course it is absurd to suppose that this statement at the end of the Mr. RANDALL. On that I ask the previous question. Journal, which is a mere collection of these rulings for convenient :Mr. KE.LLEY. Ihopemycolleague will allowsomediscnssion. This reference, is required to be made when the Journal itself does not is a very important proposition. show the truth of the statement. It is merely a collection of the rul- Mr. R~DALL. How much time does my colleague ask! ings which the Journal shows to have been made. There is no pos- :Mr. KELLEY. .A. few minutes, if no more. I speak formyselfonly sible significance in this matt.er except to have our Journal correct; when I ask for a few minutes. it does not affect either siue of the question. It is merely for the cor- Mr. RANDALL. I have no objection to giving us much time for rectness of the Journal. The public, of course, will oruspend the rules has ten minutes. • can be made.· . Mr. KELLEY. Mr. Speaker, we are within a few days of the final Then Mr. McCRARY said: adjournment, if we may believe popular hope and expectation or at- I rise tQ appeal to the <.:hair w hellier a motion to refer the resolution is in order 7 tach significance to the idea of the chairman of the Committee of Ways and Means, who has proposed by resolution the 12th of this That was not exactly making a point of order. month as the day for adjournment. Of course adjournment at that Mr. GARFIELD. If the Chair will look at the bottom of the (late is impracticable ; but we nea.r the time for adjournment. And colnmn-- now, when deliberation has become impossible, one of the most im- Mr. HOAR. At the bottom of the fu·st column on the forty-third portant committees in the Honse, one that is charged with the con- page of the RECORD; that is what I refer to. sideration of that subject which is of most vit.al moment to a suffering The SPEAKER pro ten~po1'e. The Chair observes that at the bot- community, the currency, comes in after· six months of wasted time tom of the first column of the forty-third pacre Mr. McCRARY did and asks t.hat the rules ma.y be set aside that it may force bills through clearly make that point of order, and also the other one ; at the same untler the previous question at any time, having given us an indica- time both points were made. Bnt it seems to the Chair that tho lat- tion of the fairness with which it will execute the new power by the ter point of order was included in the ruling of the Chair upon the first fact that .this change of rule was attempted to be put through at fivo point. The Chair would state that the Journal might well be cor- o'clock last Saturday afternoon, when but one-third of the Honse was rected in that regard to show that the point of order was made, and in attendance. . that it was overruled in the general ruling of the Chair. The Chair For four months after the committees ha.d bern appointed the coun- did not rule specifically upon that point, but his general ruling com- try understood that the Committee on Banking and Currency ab- prehended it. stained from the consideration of the business coitfided to it, because Mr. HOAR. One observation, with great respect to the Chair. The another committee, not known to t.his House and consistin~ in part very fact that the Chair was of opinion that Mr. McCRARY's point of only of members thereof, were considering question~ belongrng le~it­ order was covered by the first mling of the Chair is itself a decision imately to it. At length I tried to goad them into emaucipatmg of tha.t point of order; that it is covered by the priuciple previously themselves :fJ:om the cont.rol of a body unknown to either this Honse asserted. And if that is a ruling on the point, it should appear in or the laws of tlle country-a committee consisting, J say, in part of the Journal. · gentlemen not members of this House and not responsiulo for the The SPEAKER pro tempore. The gentleman from Massachusett.s performance of its duties-and received assurance that it had escaped [Mr. HOAR] will unde tand the Chair when he says that he intended from the restraint. Since then, two months more have gono, but the the ruling to be t!lls: that the resolution of the gentleman from committee has presented no practical measure to tho House for con- Maine, [Mr. BLAINE,] whatever its character, had no ot.h er privilege sideration. I may say, as Lord LondondelTy t:!aid whou the resump- than if it had been introduced on some other_day than Monday; tion act wa-s under discussion in England and gentlemon were talk- 1876. CONGRESSIONAL RECORD-HOUSE. 3627 ing of overproduction and underconsumption, "Gentlemen, you are right to discuss it and gave our reasons against the enMtment of such not discussing the real question; the disease of the country lies in an outrageous law, whwh the gentlemaT.l has so emphatically stat.ed the currency; the question of the day is a quest.ion relating to the bas paralyzed all the industrial interests of the conntryz...the republi- currency." Yet the Committee on Banking and Currency has not can majority refused the right to discuss or amend it. They refused submittc>d a ~;in~le measure or any evidence that it has had the ques- ns the right to la,y before tlie country what would be the paralyzing tion under consideration. and destructive effl:'ot of such a.n act as that. And now on the eve of an adjournment, when baste and confusion I think it comee., I will not say from the gentleman from Pennsyl- prevail, the settled rules of the House are to be set aside in order that vania peculiarly, but, if he speaks for his party, it comes with bad measures relating to this subtle and complex question may be dic- graco from him to say that the rights of the minorir.y were held sacred tated by the committee, may be forced through under the previous then and are not held sacred now. It was because the rights of the question, and, as I have said, may be adopted when one-third only of minority were overridden that the resumption act was passed. lt came tile Honse are in their seats. I am opposed to changing the rules. from a caucus of t.h e republican party and we wer(» denied the right If the committee has been derelict, as I believe the country will hold to djscuss it; and in the other end of the Capitol, if I may be allowed that it has, let it bear the penalty. Nothing that it can now report to allude to what occurred there, when the question wa a-sked of the for the relief of the people is likely to become a law. With the im- gentleman in charge of it what it meant, he refused to answer any peachment before the Senate, with the dog-days approaching, the question. He refusPd to answer whether it was resumption or not, Senate will not be likely to consider and adopt anything this House whether it was inflation or contraction. His only response was that may without deliberation send to it, and the passage of which bas each must determine it for himself. I sayr white I agree and always required such a modification of our rules as removed the restraints have agreed on this subject of t.he repeal of this resumption act of upon hasty and improvident legi~;lation. There will be no time for 1879 with the gentleman from Pennsylvania, it does not come with the President to consider such a bill; and any measure, should it hap- good taste from him to refer to the minority having no rights on this ; pen to receive the concurrence of the Senate, that passes may be subject, for I again repeat that if the rights of the minority had been vetoed without the responsibility of a veto, by being pocketed by respected by the republicans on the other side of the House the re- the Execntive. · sumption act never would have passed, and this paralysis of trade, Sir, the country demands the consideration of the currency ques- these bankruptcies all over the country, would have been prevented.- tion. Those who at the opening of this session, believing with un- And, sir, there is but one par~y responsible for the consequent dis- doubting faith in their theories, demanded the early resumption of tress and impoverishment of the American people, and that is the specie payments are now praying for the repeal of the act providing republican party. They will be held responsible on the ides of No- therefor. The gorge of the country rises at what we are doins- now vern ber next and deservedly rebuked by a verdict that will come from in increasing our gold indebtedness for the purchase of depreCiating the people, from every village and every hamlet throughout the silver and the cancellation of greenbacks. This country laughs to length and breadth of the land. They will say this state of affairs scorn that legislative wisdom which proposes to increase the volume has been brought about by the resumption act, passed under the gag- of fractional currency by substituting silver thus dearly bought for Jaw by the republican party, and they will hold you responsible for fractional notes of like denomination, leaving the amount in circula- it, the democratic party having voted unanimously against it. tion just what it now is. Mr. RANDALL. I now yield to the gentleman from Ohio, [Mr. Let us now, at the end of six wasted months, have bills brought GARFIELD.] fairly before the House, under the rules; let them be subjected to Mr. KELLEY. One moment, if my colleague will allow me. such consideration :md discussion as the lateness of the season will · Mr. RANDALL. I have yielded to the gentleman from Ohio. permit. If, as I have already said, the Committee on Banking and Mr. KELLEY. A single moment; and I hope my colleague will Currenc-y for four mouths was improperly restrained from considering not object. its duties and for two more has staggered under the grea.t responsi- Mr. GARFIELD. I will yield :to the gentleman from Pennsylvania bility resting upon it, let the country understand it. Our rules are for one minute. wise; they are supported by the results of experience. They guard Mr. KELLEY. It is in response to the personal remark made by the rights of the minority, a thing that used to be sacred on the other the gentleman from West Virginia-- side of the House ; and let them stand. Jtlr. RANDALL. 0, yes; go on. Gentlemen may tell me that this change is p~oposed in order to se- Mr. KELLEY. I wish to say that the majority on this question in cure the adop\ion of a measm·e that I desire: the repeal of the re- the last Congress refused- to hear my protest and the reasons sustain- sumption act. Sir, any da.y during more than six months past a bill ing it; and I am unprepared to have the majority of the House do so for that purpose could have been reported; we conld have discussed now. I wa.s opposed to that bill, and, h:td opportunity been allowed, it and disposed of it deliberately. I am in favor of it. I believe the was prepared to show that it must produce the baneful consequences industries of the country are paralyzed by the existence of that act, it has. I demanded debate on it, as I do now upon any bill touching that it is a standing menace which para.lyzes production and trade. the currency. I believe t uat no relief can come to the suffering toilers and men Jtlr. RA...li{DALL. Just one word. The gentleman is strangely in- of energy and enterprise until that act shall be repealed. Why then consistent in his action. This amendment of the rule does not pro- resist the change of rules t Who will tell me what hellish brood of pose to cut off any debate. It proposes to give a committee of this bills may follow that act if the committee be authorized to report Honse the privilege of bringing before the Honse for consideration, and any bill at any time Y T.he bill referred to cannot become a 1:\w. I only for consideration, unless the House shall determine otherwise,. a have inrit.y and fntnre comfort and happiness are involved to an extent Mr. HEREFORD. Will the gentleman from Pennsylvania let me beyoud what they are involved in any other measure now agitating ask him a question f the public mind. It has no purpose to restrict debate. 'l'he SPEAKER p1·o temp01·e. Does the gentleman from Pennsyl- I would remind the gentleman that when the old Committee of vania yi€.ld f Ways and Means was divided, the duties of that committee were as- Mr. KELLEY. I have but a moment. Bills may be reported which, signed to three committees; and two of the divisions were given however objectionable they may be to the country, may be accept- special opportllllities to bring their business before the Honse; while able to those at the other end of the Capitol, who would prevent the the other committee, that of Banking and Currency, wa-s debarred repeal of the resumption act from becoming a law. But, at any rate from that privilege. We find ourselves, whether by change of rule in vindication of the right::~ of the minority, in vindication of tho purity or by cnstom, in this position to-day, that this great question in which of legislation, I ask that this rule be maintained, or that the supposed the people are so much interested is prevented from being brought wisdom of the change may be vindicated by applying it to every before the House for consideration except under a two-thirds vote. committee of the House. Now, is it not fair that the people through a majority of their Repre- I again say that I ask gentlemen not to relie\e the Committee on sentat.ives here shall at least have the opportunity of expressing their Banking and Currency from the odium with which it bas covered sentiments and giving effect to their views by the action of a majority f itself by refusing to engage in the consideration of the duties con- Mr. KASSON. I wish to ask the gentleman whether the Commit- fided to it by removing any of the restraints now imposed on im- tee of Ways and Means aT.ld the Committee on Appropriations have provident legislation. the privilege of reporting for action at any. time bills which have not Mr. HER..KFORD. I ask the gentleman from Pennsylvania [.Mr. been referred to them f · RANDALL] to yield to me for a few minutes. 1\Ir. RANDALL. The gentleman from Iowa perfectly understands Mr. RANDALL. Certa.inlv. . the rights of the Committee of Ways and Means and the Committee Mr. HERE.FORD. Mr. Speaker, I only desire to say a word in re- on Appropriations. . ply to a remark which fell from the lips of the g~ntleman from Penn- Jtlr. KASSON. Would not this give to the Committee on Banking sylvania [Mr. KELLEY] a moment ago, that. the time was when the and Currency a greater right than is given to any other committee 'f rights of the minority on this side of the House were heJd sacred by Mr. RANDALL. This would give that committee an analogous the majority on that siue. I w~mt to a-sk the gentleman tllis, for we right to that which already belongs to the Ways and Means and Ap- both stanideration, and there- R. Harris, Ha.tcher, Hathorn, Hays, Hoar, Holman, Hooker, .Hubbell, H.vman, fore asks the indulgence of the committee in again reailing the rule : Fl'anl.: Jones, Lamar, Lane, Lapham. Lo;d, Luttrell, Lynde, L.A. Mackey, McMa- hon, Morrison, N~w. Payne, Phelps, Plaisted, Purman. James B. Reilly, William M. No appropriatitm shall be reported in such ~eneral appropriation billR, or be in Robbins, Sobieski Ross, Rusk, Sayler, Schumaker, Slemons, Stevenson, Stowell, order as an amendment thereto, for any expenditure not previously authorized by Terry Thompson, Tucker, Turney, John L. Vance, Waddell, Wait, John W. Wal· law, unless in continuation of appropriations for such public works and objects as lace, G. Wiley 'Veils, ~eeler, White, Whitehouse, Wike, Alpheus S. Williams, are alreadv in progress ; nor shall any provision in any such bill or amendment James ·w illiams, Wilshire, Benjamin Wilson, Woodburn, and Young-76. thereto cliangin~r existine; law be in order, except such as, being germane to the subject-matter of the bill, shall retrench expenditures. So the report of the Committee on Rules was agreed to. ' During the roll-call the follo·wing announcements were made: This rule has for its object the exclusion from appropriation bills Mr. DURANJJ. My colleague, Mr. A. S. WILLIAMS, is absent by of subjects of general legislation. No provision reported in such bill order of the House. If present he would vote "no." I desire also to or amendment thereto which changes existing law is in order, except state that my colleague, Mr. CONGER, is absent by order of the House. it be germane to the subject-matter of the bill and retrenches ex- Mr. BRADLEY. My colleague, Mr. HunBELL, is absent by leave penditures. · of t be Honse. Whether a particular provision be germane to the subject-matter Mr. TUCKER. I voted just now in the affirmative. But I have or not is a question which will generally admit of little doubt, and since leame.Ai the point of order is overruled. SEC. 4. That the management of all Indian affairs, aml of all matters arising out Mr. KASSON. Is the second section now before the House f of Indian relations, be, and the same are hereby, transferred from the DepartiTJent Tlle CHAIRMAN. It is. of the Interior to tho War Department, and the same are hereby placed under the Secrt~tary of War agreeably to such regulations as the President may prescribe: Mr.· KASSON. I move, then, to strike ont all of the section down And provided further, That the Office orCommissioner of Indiau Afta.irs is hereby to the proviso. My present object in offering this amendment is to abolished, and the execution of all laws and parts of laws applicable to the man- call th attention of the Committee of the 'Vhole, and particularly agement of lnllian atfait·s aptl of ruatter.'l a.risiug ou.t of Indian -relations is hereby of th~ gentleman from Pennsylvania, [Mr. RANDALL,) the chairman loilged with the Secrt~ta.ry of War: And prQvitJ,ed fttrther, That the duties now be- ing intrust6(l to a.ml performed by Indian aJ!eilts and other officials aud employes of the Committee on Appropriations, to a point to whiCh I expressed of every kind and description will be performed by officers, soldiers, and employes on Saturday my desire to call att.ention respecting certain financial of the Army. . statements that be made to the House on that day. Of course my The Speaker, in his ruling upon this section, held tha,t upon its honorable friend is aware that a statement coming from the chair- face it was incomplete, and that it contemplatetl distinctly and un- man of the C~mmittee on Appropriations or the chairman of the Com- equivocally furtiler and a-dditional legislation in order to effectuate mittee of Ways and MeanM is accepted by the country as much more the intention of tile House as evinced therein. And, for this reason, significant than one made by other members of the House not hold- it did not appear that by its own enactment. there would be a retrench- ing those official positions. When the gentleman made the statement ment of expenditures. ·The Speaker held tilat it was impossible for on Saturday, I apprehended that it would strike the country with the Chair t-o look into the future and determine whether the future surprise, as it surprised me, and I heard it with some little pain. I necessary legislation would, in all respects, sustain the -provisions regret that in his desire to sustain a measure that is controverted as of the section, and carry out the proposed retrenchment indicated a partisan measure, he made a statement to the country touching in it. the wants of the Treasury which was calculated to affect injW'ionsly Furthermore, the Speaker held, in deciding the point of order raised the credit of the United States as well as the intorests of the tax- on section 4, that tile abolition of an office is thtl retrenchment of ex- payers. Tile fin~t statement is: penditure, and that, if such auolition ht>d been begun and perfected I say hero in my place, speaking from information received from the Treasury by that bill, he wonld have bad no hesitation in holding tha.t such an Department, that the~e reductions have become to-day a ~ecessity. The estimates abolition did accomplish a retrenchment of expenditures. But sec- of the receipts of this Government for the present fiscal year are deficient-- • tion 4 did not provide, as does section 2 of the bill under considera- Mr. SEELYE. I belie>e the gentleman is discuHsing the point of order. Mr. RANDALL. Dtjficient twenty or thirty mGlions. tion, that tile duties imposed upon Army officers a-nd soldiers should be performed by them without additional compensation. Mr. RANDALL. I never made that statement. On account of theEe uncertainties and the incomplete legislation Mr. KASSON: . proposed in scotion 4 of the legislative bill, the Speaker helt to that extent. I Mr. WOOD, of New York. I understand the gentleman. I hold in agree with the gent1ema'n ; we should have more surplus. my hand a statement from the Treasury Department of yesterday's Mr. RANDALL. That is not a part of the receipts as heretofore, date, which I think shows very clearly a very large deficiency between neither is it in accorOrts, and then we might expect to see a somewhat more favorable an ordinary inierest, fails in that, with the exercise of vigilance, in- ~hange. telligence, and large experience, of what use is it for the gentleman Now I desire to call attention 1o the fact that within the last year from Pennsylvania [Mr. KELLEY] to reason with such a one that while imports have diminished the excess of exports over imports has the prosperity of this country is to be increllSed and its revenues re- largely increased. My recollection is, without having refreshed my plenished with the existing tariff and currency f I say, as I said the memory in the examination of figures, that the total exports are a other day, if you mean to extin~ish the foreign commerce of this hundred millions-during the last twelve months have been in exces8 country, then-you are intelJigent mmaintaining the existing tariff; and of the importations. In that condition of things I do not think to at so long as you do maintain it your revenues will inevitably diminish. the imports will continue to diminish so much in the future ·as they [Here the hammer fell.] have in the pnst, and I believe that we have renehed bottom fi~ures. Mr. BURCHARD, of illinois. I withdraw my amendment. That is one reason why there has been a falling off in customs receipts Mr. KELLEY. I renew it. Had the gentleman who has just closed from what was estimated. The estimates were made on a supposed in- his remarks [Mr. CHITTENDEN] embraced production with trade, and creaseofreceipts that would result from the increase oftarifi'dutiesby said that no man could either import an article or produce one with- reason of the 1·epeal of the 10 per cent. reduction, but we did not derive out probable loss, he would have covered the whole field; as it is, he any additional receipts from that source; the imports moro largely CQ'IlJers but an unimportant part of it. fell off. It is my impression that the imposition of the 10 per cent. The gentleman from Illinois [.Mr.-BURCHARD] invited our attention additional duties resulted in a diminution of the revenue received to the fact that our exports are increasing. Yes, sir; in default of a from customs, rather than in an increase. home market we are exporting and selling our manufactures at a loss I may say that the receipts from internal revenue have not equaled in foreign markets. I hold in my hand a paper from Indianapolis the estimates, but the revenue received from internal revenuet! have received t'Mrough this morning's mail showing that out of 26,000 exceeded those received for the preceding year, while those received skilled laborers recently employed in that city over 12,000 of them for customs duties have fallen off. I think we may safely expect that are !lnd for some time have been without employment, and that those the revenue for the next fiscal year, while it will not be larger in who nre at work are receiving but from one-half to two-thirds of my opinion from custome, will exceed that of this year from internal their former wages. How can these idle and impoverished. people revenue. One reason why there has been a diminution from internal purchase Jtnd consume either taxable or dutiable goods? revenue has been the fact that Congress is in session, and the business A recent Jetter from the president of the board of managers of the puulic, those who are engaged in the manufacturing of distilled spirits Philadelphia house of correction reports tb:1t of twenty-two hun- as well as tobacco, are uncertain as to what will be the legislation of dred and forty-two commitments to that institution in three con- Congress. . They are not producing in proportion to the want.s of the secutive months, eleven hundred and fifty-one, or more than one- community; they are producing tobacco and distilled spirits, RS I half, were voluntary commitments. He says : might say, only from hand to mouth, and are not throwing upon the Do not suspect that these ;people seek ahelt~r in order that they may live without market the goods they do produce, and that reduces the receiptsfrom work; they engage ea.gerly 1n th" rough work of ditching and quarrying, thou~h those sources. Such will continue to be the case until Congress ad- many of them are skilled mechanics or were brought up to clerical employments. journs, when you will see a revival of receipts ·from both sources. What contribution can these people make either to the internal or Therefore I do not think the chairman of the Committee on Appro- the customs revenue f Skilled mechanics, competent clerks, wearing priations [Mr. RANDALL] need be a prophet of evil for the future in the jail uniform, working in gangs under armed gu'lrds, locked up at regard to what revenue receipts will be. I do not say this to antag- night, each in his separate cell n.s a. prisoner, for the poor privilege onize his efiorts at economy, but to correct his statements as to the of food and shelter ! probable revenues for the next fiscal year and his prophecy of a bank- The pictures of Incli.:t.napolis and Philadelphia are but portraitures rupt Treasury. of the condition of the working-people of all our cities and mamtfact- [Here the hammer fell.] uring towns. Why this destitution! Has Providence withheld its Mr. CHITTENDEN. I heard without surprise the other day the bounties 1 Has scorching drought or drenching rain swept the crops statement made by the chairman of the Committee on Appropria- from our fields T Do the forces of nature refuse to move the machin- tions [Mr. RANDALL] concerning the probable deficit in the revenues ery standing idle in every part of the land f No; na:ture is as boun- for the year succeeding July 1, 1~76, and I heard without surptise that teous and as wise as ever, the fields as fertile; but man, as he is statement subst.antially confirmed by the Secretary of the Treasury. embodied in the American Congt·ess, has produced this idleness by I am surprised, however, that gentlemen of large experience and withdrawing the medium of exchange th:J.t ena'Jled the producer to large intelligence should come here and discuss this question of rev- pay the laborer, and laborers to·purchase and consume the necessaries enue perfectly unintelligently in re~ard to the causes which have di- of life they had produced for each other's use; and by putting on the minished our. revenue. I beg to inttmate to the gentleman from Illi- statute-book a law which through three years and six months should nois, [.Mr. Buncaum,] who has long been a member of the Committee notify every man that if he produced articles not to be sold for six on Ways ~tnd Means of this House, that his arguments and his theories months, he must sen them at steadily declining prices, has paralyzed in re~ard to the falling off of customs dut,ies and their probable res- energy and arrested production. This is what has stricken the rev- toratiOn next year are defective and at variance with the real condi- enues of the country. To charge these as results of the tariff is to tion of the commerce of this country. . utter nonsense. The policy of England is free trade; and pitiable as The reason why the customs revenues are reduced and still to be is the condition of the American laborer, thq,t of hi~ English cola borer reduced is that a man cannot, as a general rule, take a new dollar, in- is worse. Free trade and hard money! She stag~ers, I might almost vest it in foreign merchandise, bring that merchandise home, pay the say, under the weight of her accumulated capital; for in that coun- duty on it, sell it, and get his own money back again. That process try, the Finstncier tells us, there is no market for money, and the of loss ~u1.s been going on for three or four years. Gentlemen have daily papers tell us that those who borrow on three months' notes get argued variously here in regard to the reduction of our foreign com- money at the rate of 1t per cent. per annum. merce. There is some force in what has been suggested by the gen- She, too, suffers from our unwise legislation on the currency ques- tleman from illinois, [Mr. BuRCHARD,] but I know from experience tion; for in reducing the consumptive power of the freest livers, the that the existing tarift' has become in large measure prohibitory, and most liberal consumers of the world, the American peop1e, we have so cultivates smuggling and all sorts of vicious practices that an paralyzed not only our own revenues, bnt those of the country h~nest man with honest money and honest energy cannot compete whose chief customer we were; and every financial and commercial With the scoundrels who, under that tariff, are bringing goods into paper in England will tell you that there is no .hope of the revival of this country across all our borders and by aH devices. the industries of free-trade, hard-money England, unti1 paper-money, I say again, as I said the other day, that gentlemen may theorize protectionist America shall permit her people again to pronuce and upon this question, they may discuss and rediscuss forever the ques- consume freely. In insisting upon contraction and. resumption cap- tion of free trade and protection, and it will ao no good. I am not a ital ha.s overreached itself. free-trader; I have always been a protectionist, according to my un- :Mr. RANDALL. I want to direct the attention of the Honse to a d~r:'tandiDg: of the meaning of that te.rm. But we h~ve got a pro- fact which causes the deficiency to appear much less than it would hibitory tariff. And the gentleman's estimate of a defimency of thirty- if the law in reference to the 8inking fund had been executed by the five or forty millions next year, backed, as I believe it to be, by the Secretary of the Treasury. The act of February 25, 1862, :18 now em- opinion of t.he Secretary of the Treasury, is more likely to he exceeded bodied in section 3694 of the Revised Statutes, provides that- tha.n diminished. The coin paid for duties on imported goods shall be set apart as a. special fund, Having no position of influence or of authority, I have taken occa- a.nd shall be applied as follows: . sion within the laat month to say many times in private, with that States. Firat. To the payment in coin of the interest on the bonds and notes of the United earnestness which every man who knows anything of me knows to be Second. To the purc.ha.seor payment of I percent. of theentiredebtof the United characteristic-! have said emph!J.tically to several gentlemen at the States, to be made within each fiscal year, which is to be set apart as a. sinking other end of the Capitol that unless they met this question of retrench- fund; and the interest of which shall in like manner be applied to the purchase or ment, consenting to every reasonable proposition of economy, they payment of the public debt~ as the Secretary of the Treasury shall from time to time direct. would find, if they were republican, that they were doing that which Third. The re8idue to be paid into the Treasury. IV--228 3634 CONGR.ESSIONAL RECORD-HOUSE. JuNE 6, Now I say thn.t the Secretary of the Treasury bas not applied 1 per colonel, nor shall the officers detn.iled to discha.rge the duties heretofore performed cent. of the coin receipts of the United States from customs to the by agents at any Iudian a~rency be of lower rank than that of first lieutenant in the re!!Ular Army: And p1·ovidedfurther, That the Inspector General of the .Army sinking fund; but since the receipts have fallen off he has added, as shall discharge the duties of inspector of Indian affairs, and shall be rcl}uirccl to part of the amount required to go to the sinking fund, the green- make nn annual report to Congress of the numbers and condition of the Indian backs which were authorized to · be canceled under the resumption tribes; and such ofticers shall not be required to give other bonds than are now re- act. quired of iliem by la.w, but shall be helcl responsible for any neglect of duty or mal- administration thereof, and shall be subject to trial therefor -by military r.ourts- Mr. KASSO~. But did he not buy the greenbacks f Did people martial, accordin.!t to the rules and articles of war; and tho provisions of this sec- give him the greenbacks f tion shall bo applicable to all officers of the .Army char_gerl with dutiea under this :Mr. RANDALJ.J. This is an evasion of the law ; and you cannot act so far as responsibility for neglect of duty and ruala.ss the jurisdiction now exer- great extent, as other bills pending before the House, is in order. cised and possessed by tho Secretary of tho lnteiior in relation to all acts of the Commissioner of Indian .A.ffairs, board of Indian commissioners. or otherwise, and Althongh the amendment moved by the gentleman from Virginia shall sign all requwitions for the advance or payment of moneys out of the Treas- is in substance the bill already passe'OOds! . Mr. SEELYE. Now it is quite appa.rent that this statute provides o Mr. RANDALL. This section only provides that the distribution for precisely tl1e work that is here· required to be done over again. shall be made at military posts as far as practicable. Only this statute requires that all these bids or proposals from the War Department., the Navy Department, and the Interior Depart- Mr. SEELYE. It is very impracticable. The CHAIRMAN. The Chair is prepared to decide the point of ment shall be filed in the returns office of the Interior Department. order. The gentleman raises the point of order that this section con- And here we are ordering that this sn.me work shall be done over travenes Rule 120. The Chair regards this section as simply a limi- again, at the expense of very great clerical service, by the Second ~'ttion up~m the appropriations made, or a direction of the manner in Comptroll11r of the Treasury. which the appropriations shall be expended. The section therefore Mr. R~DALL. I see. the point which the gentleman desires to does not contravene the rule and is in order. make. I would suggest that only the actual contract made should Mr. -wiLSON, of Iowa. I was absent oy order o~ the House exam- be filed wit.h the Second Comptroller. ining a witness in an investigating committee when the committee .Mr. SEELYE. That is all, I suppose, that would be necessary. passe(l over lines 744 and 745, in the first section of the bill, which Mr. RANDALL. The object of the first paragraph of the section is read as follows: · to secure fo-r the use of (;ongress a tran5cript of all bills made, so that we shall be able to see instantly, on looking over them, whether For support of school for the Sacs and Foxes of the Mississippi at the agoocy in Iowa, 61,000. in the administration of Indian affairs the contracts have been a warded to the lowest bidder. I desire to offer a verbal amendment, to insert after the word "school'' :Mr. SEELYE. Will the gentleman allow me a moment f I think the words ':Oand farmer." • he misapprehends me. That little agency ha.s a farmer as well as a school-teacher, and it Mr. RANDALL. If the gentleman will hear me I think he will find is at the suggestion of the Commissioner of Indian Affairs that I offer that I apprehend what he means, and that I propose in a measure to the aruendm"ut. reach it. I would suggest tho striking out tho wonls in the eleventh Mr. RANDALL. Is the appropriation sufficient for lloth f 1876. CONGRESSIONAL RECORD-HOUSE. 3639 Mr. WILSON, of Iowa. Yes, sir. must givo some credit to the reports of his subordiuates, and virtually M1·. RANDALL. There is uo objection to that. The only reason the entire control is in the hands of t.he agents. why it was left out was because it was not inclucled in the esti- I propose that any citizen who shall receive the certificate of a Unite1i mates. States judge, or the judge of a territorial supreme court, certifying to The amendment was agreed to. his character and fitness, shall receive a license when he presents it to .Mr. .MAGINNIS. I offer the following :rmendment: the agent, and that license shall be approved when it reaches the De- SEC. 7. That the certificate of a judge of a district court, or of a. judge of a sn. partment at Washington. The certificate of the court shall be bind- preme court of any Territory, given under the seal of the court, attached to the ap- ing upon both. In this way the trade will be thrown open to all plication of any citizen of the United Stat~ for license to t.ra.de wit.b the Indians, proper applicants and a vicious system broken up. I trust the amend- which certificate shall set forth that such person ia of good moral charactet· and a ment will be adopted. flt person to be in the Intli:rn country, shall be acccpt.ed by the agent to which it is directed, and by the head of the Department in char~e of 'indian affairs, a.s concln- 1\fr. RANDALL. I have no objection to that amendment. sive evidence of the fitness of such person to receive a license to trade with the In- ' The amendment was agreed to. dians, subject to the provisions of law and regulations issued in accordance there- Mr. RAl~ DALL. I move that the committee rise and report the with; and upon compliance herewHh a ilcense shall be wanted to the applicant, which licensa shall be approved by the head of the Department having jurisdiction bill to the House. of Indian affairs. The motion was agreed to. . I have altered this amendment on consultation with the gentleman The committee accordingly rose; and Mr. Cox having taken the from Iowa [Mr. KASSON] so as to induce him to withdraw the objec- chair as SPEAKER pro tempore, Mr. SPRINGER reporterl that the Com- tion which he made to it the other day. mittee of the Whole on the state of the Union h:ui had under con- The object of this amendment is to break up the odious monopolies sideration the bill (H. R. No. 3478) making appropriations for the which have characterized our trade with the Indians almost since current and contingent expenses of the Indian Department and for the adoption of the non-intercourse acts. I am frank to say that the fulfilling treaty stipulations_with various Indian tribes for the year evil is of no recent date. It is a moss-covered fungus of iniquity ending J nne 30, 1877, and for other purposes, and bad directed him which had its roots in the decaying condition of the Indian Bnreau to report the same to the House with sundry amendments. long Lack, but which has developed into peculiar forms of hideous- Mr. RANDALL. I ask the previous question npon the bill and the ness during the rottenness of the past years. amendments. Every one in this House and in the country has been humiliated by The previous question was seconded and the main question ordered. the exposures made of abuses in this direction during the last few The Clerk proceefled to road the amendments reported from the years. They have been painful and humiliating to us all. We have Committee of the Whole on the state of the Union. seen injustice done to individuals and the robbery of Indians per- The following amendment was read: mitted, whole tracts of country turned Qver to the domination of spec- On page 39, after line 931, insert: ulators and reservations extended over the public lands for private P-rovided, That none of said sums shall be paid to said Indians until they cease benefit. I say this regardless of the persons to whom these privileges their hostilities against white people. · have been brranted. So long as these monopolies are to be granted it 1\fr. KASSON. Is that l:tnguage satisfactory to the gentleman from is no matter to me who enjoys the benefits. My opposition is not Pennsylvania f directed against individuals, but against the system under which Mr. RANDALL. There was no objection made to the amendment these abuses are possible and under which these special privileges are in committee. granted. . :Mr. KASSON. My doubt is whether it should not come 'i n further '!'he history of American trade with the Indians is not a recorcl on, so as to relate to the Sioux. that we can ue pecnlia.rly proud of. Fraud and avarice have nurtured Mr. RANDALL. It is intended to relate not only to the Sioux but passions not only between the red and white, but rival traders in times to other tribes, including the Comanches. past have marshaled tribe against tribe and originated intertribal No separat-e vote being asked on any of the amendments reported wars which have done far more to reduce the Indian to nothingness from the Committee of the Whole on the state of the Union, they than all the encroachments and conflicts of the whites. were agreed to. When our non-intercoun;e law was adopted, it was intended not to Mr. RANDALL. The section of this bill relating to the Indian rob but to protect the Indians. It was never intended to be a cover Bureau having been agreed to, it becomes necessary to change the for fraud, nor designed to set up monopolies for the enrichment of phraseology of the bill to mnke it conform therewith. I therefore traders against the interests of the Indians ; but under its provisions, ask unanimous consent to substitute the words "Secretary of War" during the subsequent administrations of the Department, monopo- for "Secretary of the Interior" wherever they occur in the bill. lies did grow up and strengthen themselves until they becar&e the Mr. KASSON. I would sri(J'gest to the gentleman that in lieu of rule of Indian trade. the words " Secretary of W a1~' he use the words "Secretary having In 186.1) an effort was made, originated, I believe, by the gentleman jurisdiction of Indian affairs." from. Iowa, [Mr. KASSON,] to cure these abuses, and an amendment .Mr. RANDALL. I accept the suggestion. was made to an appropriation bill, which is now the second section There being no objection, the proposed change in the phraseology of the law in the Revised Statutes, which provided that thereafter of the bill was ordered to be made. all loyal citizens who were of good, moral character should be able The bill, as amended, was then ordered to be engrossed and read a to obtain upon application, without cliscrimination in favor of per- third time ; and being engrossed, it was accordingly read the thin! sons, license to trade with the Indians. That law has been evaded time, and pn.ssed. in a way which I will explain, and which evasion my amendment is :Mr. RANDALL moved to reconsider the vote by which the bill wa-s intended to prevent in future. And certainly we ought to try in every passed; and also moved t.hat the motion to reconsider be laid on the way to prevent monopoly of trade on these Indian reservations. I table. submit that when an Indian is an industrious hunter, and by his in- The latter motion was agreed to. dustry in the chase and skill in woodcraft and trapping he secures a large qnantit.y of robes, furs, and peltries, lie should be allowed to ORDER OF BUSINESS. sell them where he can get the most for the product of his toil, aml also be should be allowed to purchase where he can get the most for 1\fr. BOONE. I move that the House now proceed to business on his money. the Speaker's table. I make that motion for the purpose of reaching What would be thought if the Government were to establiub such Senate bill No. 590, providing for an agreement with tho Sioux Nation a system of trade in all our villages and give to one or more traders in regard to a portion of iheh· reservation, and for other purposes. the right to establish the prices a.t which goods should be sold and Mr. REAGAN. I believe the regular order now is the morning the rates which the working-man should. receive for the product of hour. The bill referred to by the gentleman from Kentucky [Mr. his laborf How lo11g would tho people of this country stand it f Boo~'"E] is a very important bill in its consequences, and I feel bound Why should not the Indians have the benefit of that competition to take every step I can take to prevent its being acted upon until which everywhere is the best re!!11lator of prices f there has been an opportunity for its consideration and discussion. And gravel' evils have resultccl from tllis system. Under its cloak Therefore I call for the regular order of business. the corrupt rings have been fmmed, and the chief abuses of the In- The SPEAKER pro tentpore. If the gentleman insists upon the reg- dian service have occurred behind its convenient cover. It has en- ular order, the morning hour will now begin. abled the corrupt agent to keep every one off the reservation except Mr. REAGAN. I do insist upon it. his confidants and accomplices; ancl thus 1mder an almost impen- Mr. FRANKLIN. I move that the House now adjourn. etrable cover, and beyond the reach of detection, much of t.hat lmholy The motion to adjourn was not agreed to; upon a division-ayes work has been done which bas brought such odium npon the Inuian 80, noes 101. service. It is to this system I object, anu the amendment is intenueu .Mr. DUNNELL. I call for the regular order of business. to break it up. The SPEAKER pro tempore. The regular order being called for, the Under the law of 11365 the question of gootl morals and fitness of morning hour will now begin at four o'clock and twenty mi11utes. any applicant for a license to be in the Indian country is left to the The business in order during the morning hour is the call of commi t- determination of the agent. He places on the application of his pal tees for reports of a public nature, and the call rests with the Com- a favorable indorsement and denies it to all other applica.nt.s, and be mittee on Public Lands. is not obliged even to report this rejected application to the Commis- Mr. LUTTRELL. I desire to make a report for which the House sioner of Indian Affairs. I am glad to say that the present Commis- has given leave. Aioner, for whom I have a high regard, has intimated his desi.ro to The SPEAKER pm tempo1'e. The regular order being demannds, approved Decem- tho commissioners of the District of Columbia to remove the jail on ber 28, 1874, and for other purposes." Judiciary Square to grounds near to the Washington Asylum for the use of the District was read the second time, and considered as in BILLS INTRODUCED. Committee of the Whole. Mr. PADDOCK (by request) asked, :md by unanimous consent ob- The oommissioners of the District of Columbia are empowered by tained, lea.ve to introduce a bill (S. No. 908) granting a pension to tho bill t.o toar down and remove the jail situate on Judiciary Squnre, Benjamin Woosley, of Nebraska; which wa.a read twice by its title, in tho city of Washington, and with the material thereof, and such referred to the Committee on Pensions, a.nd ordered to be printed. other as nmy be necessary, to locate and construct, within the present Mr. SAULSBURY (by request) asked, and by uuMENT TO APPROPRIATION BILL. the work of tearing down, removal, and construction. Mr. FERRY submitted an amendment intended to be proposed by Mr. MORRILL, of Vermont. I a.m directecl by the Committee on him to the bill (H. R. No. :3022) making appropriations for the con- Public Buildings a.ntl Grounds to offer the following amendment: struction, repail·, preservn,tion, a.nd completion of certain public works SEC. 3. That for the removal of earth and rubbish, grading, sewerage, and other on rivers and harbors, ann for other purposes; which was referred to improvements of Judiciary Square, tho sum of $2,000 is hereby appropriat"u ont of the Committee on Commerce, and ordered to be printed. any money in the Treasury not otherwise appropriated, in lieu of money to have been deri vod from tho sale of the jail on said square, :md appropriated June 3, 1874. RAILROAD GRANTS IN INDIAN TERRlTORY. The amendment wa-s agreed to. Mr. INGALLS. The Senator from Texas [Mr. MAXEY] yesterday . . The bill waa reported to the Senate as amended, nnd the amend- morning introduced a resolution which was laid over on my objec- ment was concurred in. tion. I hn.ve examinell it and see no rea.son why it should not pass. The bill wa.~ ordered to be engrossed for a third reading, read tho I ask for its present consideration. third time, and passed. The Senate proceeded to consider the following resolution, snb~it­ COMMON UNIT OF M0:8EY .AND ACCOUNTS. ted by Mr. ~IAXEY yesterday; Mr. SHERMAN. I move that the Senate proceed to the considera- Resol·ved by the Senate of the United States, That the Committee on the Judiciary tion of the resolution called up by me the other day in regard to a be, and they are hereby, instmcted to ascertn.in whether or not the railro.'\d corpo- rations, or any of them, mentioned under acts- common unit of money bet-ween t.he United States and Grent BriLa.in. First., an net entitled "An net g-ran tin)! hmds to the St.'\00 of Kansas to aid in the I send up the report of the committee, which can be read if any Sen- construction of t.be Kansas nnd Neooho Valley Railroad and its extension to Red ator desires. River," approved July 25, 1866. The motion was agreed to ; and the Senate resumed the considera- Second, an act entitled "An act granting lands to the State of Kansas to aid in tbe construction of the southern branch of the Union Paci lie Rail wa.y a.nrted Mr. EDMUNDS. As the Senator from Texaa is not here, I ask that into dollar money by computing the pound sterling as equivalent to five dollars, the resolution be )aid aside until he comes into the Chamber. the shilling to twenty-five cents. tho sixpence to twelve and one-ha.lf cents, the penny to two cents, aud the farthing to one-half cent. The PRESIDENT pro tmnpore. The resolution ·will go over for the ·t All such goltl coina conformed to standard, within the allowed limits of vnria- present. tion1 shall be a!e~ tender within each country for debts anll ulJli,gationH va.rablo in CIIEBOYGAN, MICIDG.AN, A PORT OF DELIVERY. gola-coin, exceptin~ such a..':l may have been incurred within tho UniteU St.a~ pay- able in gold coins of a forml'r standard. The coins subsidiary to t·h e dollar sb;lll Mr. CHRISTIANCY. I move to take up the bill (H. R. No. 2140) not boa legal tender beyond the limits of the country within wbjch they are issued. establishing Cheboygan, in the State of Michigan, a port of delivery. 5. The action of the convention shall take effect when approved by the respective The motion was agreed to; and the Senate, as in Committee of pa.rties therero, and when laws shall have been passed by the respective countries to carry it into effect. the Whole, proceeded to consider the bill. It declares Cheboygan, Michigan, within the collection district of Michigan, to be a port of Mr. EDMUNDS. I should like to bear the report read. If the Sen- delivery instead of Duncan City; and the office of deputy collector ator io going to explain the matter, I will not ask for the reading of now located at Duncan City is to bo removed to Cheboygn.n. tho r('port. 1876. CONGRESSIONAL RECORD-SENATE. 3643 Mr. SHERMAN. The report itselfwaa mainly prepared by the offi- uniformi~. The difficulties of the ch.a nge from British money to dollars are very cers of the Treasury Department, and contains a good deal of tech- small. Four shillings of account are a cfollar, and a people accustomed to naming prices in shillings will easily perceive the relation. nic:i.l information that I suppose would not, without careful examina- The pound is $5, the sbillmg twenty-five cents. . The smaller coins are out of tion, be accessible to members. It is only five pages of printed mat- harmony, but decimal coins wotild of course be introduced. ter, and perhaps it had better be read, and the Senator will have the Fourth. Finally, the gold coins of each country, if confoiOlDed to standard, should whole case before him. I would rather have it spread upon the record be legal tender within the other. In fixing the stanclard for the proposed dollar, it has been made practically the than any speech I could make. fifth of the legal pound sterling, put not exactly so to the most remote fraction. The Chief Clerk read the following report submitted by Mr. SHER- The pound contains of pure gold 113.001605 grains, and one-fifth of that would be MAN from the Committee on Finance on the 1st of }'ebruary: · 22.600321. (One ounce or 480 grains 1YJ 2 fine= £317s.10td.or £3.89375, (or440 grains pure gold;) therefore, 44 %.11!1315 = 113.001605pure grains of gold in one pound.) The great facility to commercial arnd social intercourse which would be afforded To fix t.be weight so as to include tht>o throo-llundred-and.twenty-{)ne.millionth by a nriiform international money and lan~uage of accounts i~ acknowledged. It part of a grain seems an· unnecessary refinement, and therefore 22.6 grains pure is, however, to be feared, a desideratum as rar off from accomplishment as theintro· gold to the dollar, or 25% grains of gold, nine-tenths fine, are taken. (Therefore, duction of a general language. To expect difterent nations to alter their estab- 226 grains pure gold= $10, and of standard (o/. 0 ) golcl = $9.) British coin in circu- lished moneys aml int.roduce new ones is, except umler extraordinary contingen- lation, even tile new c.oin included, doe.~ not exceed 113 grains pure t9 the pound, cies, unreasonable. But circum tances growing out of the disorders of our paper which j!ives tho basis of t.he dollar-weight selected, and the actual deficiency over cu rr ency have made it easy for the United States at tllis time to take such a step, full-weighted coin is but one in one hundred thousand parts, and practically inap- which under other conditions would be inexpedient and unwise. The great bulk preciable. of our mont-y contracts are now made and payable in a paper currency depreciate-d The marked superiority which the dollar seems t.o have over all other units of and tluctuaung. It is tlxpccted that this currency wUJ be gradually appreciated. gold moneys is well known. It is desirable, of course, tbat any unit of moneyshoultl In the course of such appreciation the dollar in paper will stan.nttltl in tions to the dollar of coin. In ono of the stages of the change the :(>a per dollar will gold, s quite inade9.uate asia unit for a gold standard. Again, it is most convenient be equal in value to the tifth of a pound sterling goltl; in another, It will equal five that tho decimal divisions of the unit sliould not extend below the hundredth part, fmncs in gold. When our present gold is at 10~, then the paper tlollar is worth 96! and these also should be represented by coins. The franc is centesimally di>idecl cents in golu, or five francs; when gold isl02i in our paper, then the currency is in accounts, but (as before stated) the lowest current money is the sou of fi>e worth 97! cents, or one. fifth of a pound sterling. If at one of these s~es the coin centimes, equal to one cent. On the other hand, the pound sterling is so large that dollar were changed and tixed so aa to correspond to the value of the paper dollar its cente.~imal division is of the valne of our half-dime, and a most inconvenient of the time, we would have our coin brou9ht in harmony, as the ca-se mi~ht be, long-drawn, millesimal division, both in coins and accounts, would be indispensa- either with the British or French svstem or moneys, and since the mass of these ble. Compare with the franc and pound our dollar. It is. indeed, a minute gold outstanding currency contracts wouftl represent in dollars the same relative value, coin, but not inconvenient for circulation in smaller payments, while greater ones to fix the coin dollar on one or the other such basis, and so circulate it, would be are effected by ita larger multiples, the five, ten, and twenty dollar pieces. Its perfectly fair to the creditor class. The occasion ill, therefore, most opportune to hunrlredth is about equal to t.he sou and half-penny, and is quite small enough for make such an alteration in om· gold moneys }Jreparatory to resumption, as will the least settlements of trade. bring thtlm b1 harmony with one or other of those wel1-establishetl money sys- If the change proposed should be made, old contracts pal able in the present ~told tems of Great .Britain or the fr-anc countries. It would be a step at least toward dollar'"could be settle(l with all convenient approximation m the now dollars, on the a universaln10ney, although tho final accomplishment of that end might be >ery basis of ""L02i in new for $1 in old coins, that is by adding 2f per cent. remote. The resolution wa.s agreed to. If the United States are prepared for a change, the question pre.<~ses, with which of the foreign money sytltems sllould we harmonize~ 'fhere can be no doubt that J. W. P. HUNTIXGTON. it should I.Je with that of Groat .Britain, provided certain modifications were ad- Mr. KELLY. I move that the Senate proceed to the considera- mitted by that rountry. The frimc basis of money bas a recommendation in the fact of a con~iderable ex- tion of Senate bill No. 454. tension on the continent of Europe, ancl for a time it was expected that it might The motion was agree(l to; and the bill (S. No. 454) for the relief apread over the whole continent, but. the iutroduction by thtl Germlln Empire of of the sureties of J. 1V. P. Huntington, deceased, late superintendent the mark as its n ew unh of moneys has dispolleu tha.t prospect. 'fhe further de- of Indian affairs in Oregon, was considered as in Committee of the velopment of the franc system is, therefore, probably permanently arrested, and if aTee also So I am opposed to the amend.n:ent on that ground. with the statement made by the Senator from Wisconsin t.ha.t the There is one other ground, and that is that no five men, in my beads of Departments ought to be responsible for the appointments judgment, can be nominated to the Senate and be confirmed by this ma.cle in their own offices. I believe further that they ought entirely body who are capable of passing upon the abilities of the five thou- to control them; and for that very reason I am in favor of t.he sand persons that will offer for appointments here. Why, sir, you principle of the amendment offered by the Senator from Vermont. want a competent book-keeper at one point; you want a competent Do the heacls of Departments under the present practice control in th~ Patent Office fora particular branch of service; you want the appointments in their own offices? All Senators here know man a competent man in the Patent Office for another particular bra.nch that they cannot under the present system ; that the appointments of service, and so on; it goes through the whole service of the United are made through the influence of members of Congress, of Sena- States. Why, sir, give me the intelligent bead of a. Bureau in any tors and political men. The control is taken out of the bands of branch of the Treasury service, and I would rather have his opinion the heads of Departments, and the public service in fact suffers with regard to the capability of an employe than that of this board l•y the practice. I am opposed to that entire system. It tends to of five men who ma.y be appointed by the President and confirmed make everytl?lng corrupt and everything mercenary. It occupies a by the Senate. Take t.he Light-House Board, for example. What large portion of the time of Senators aml Representatives, and is the five men can be appointed and confirmed by the Senate of the United must annoyin~ part of the duties they now have to perform-duties States-who are they-tha.t will be so competent to pass npon the which, accordmg to the true theory of the Constitution of our Gov- capabilities of an applicant to serve in that Light-House Board as ernment, they have nothing to do with; for according to the theory the bead of that board! 'Who so compet~nt t of our Constitution the heads of these Department.s should control But, says an objector, members of the Senate, members of the and run their own Departments and have the control of the patron- House force political bummers on the Departments. I think I have • age which belongs to them. That patronage does not belong to Sen- seen ators and Members of Congress. The whole theory of tho Constitu- them specimens of them. Very likely that may be true. Then let tion has been reversed in modern t.imes in that respect. I am for and letbegood pruned. Prune the Departments, pnt out the dead-wood, men only be either oftered by Senat.ors and Representa- going back to the true principle of the Constitution and placing the tives or accepted by the Departments. That is the way to purge your respont;ibility and the power of appointment and the running of these service. offices in the bands of those who were supposed by the Constitution The PRESIDENT pro tempore. The Senator's time bas expired. to be responsible. Now the objection is made by the Senator from ·wisconsin that The question is on the amendment submitted by the Senator from Vermont [Mr. EDMUNDS] to the amendment of the Senator from tllese examinations by an examining board are confined merely to Arkansas, literary attainments. Are they sot If they are, it shows an incom- ordered. [Mr. CLAYTON,] upon which the yeas and nays have been petency on the part of the members of the board; for what is it that The question being taken by yeas and nays, resulted-yeas 11, nays confines their duties to an examination as to those particular qualifi- cat.ions f There may be some truth in it; but if that is the course 28; as follows: taken they have clearly neglected their duties. Their duties should Ferry,YEAS-Messrs. Allison, Anthony, Chriatiancy, Conkling, Cragin, Edmunds, Hamlin, Kelly, Morrill of Vermont, and Wadleigh-lt. be to inquire into the competency of an applicant for the position for NAYS-Messrs.llarnum, Bogy, Bruce, Caperton, Clayton, Cooper, Dennis, Eaton, which be applies i and that I understand wouM come within the fair Hamilton, Howe. Johnston, Jones of Florida, Jones of Nevada.. Key, McCreery, coustruction of tne amendment presented by the Senator from Ver- Maxev, Merrimoo, Mitchell, MoiTill of Maine, Norwood, Paddock, Robertson, mont. I sbould say that any examining board that would confine Saulsbury, Sherman, Stevenson, Whyte, Windom, ancl Wright-28. ABSENT-Messrs. Alcorn, Bayard, Booth, Boutwel~ Burnside, Cameron of Penn· their examination merely to the literary attainments of an applicant sylvania., Cameron of Wisconsin, Cockrell, Conover, Davia, Dawe.~. Dorsey, Fre- would fail to have the first conception of their duty; they would lmO'lmysen, ~ldthwaite, Gortlon, Harvey, Hitchcock, Ingalls, Kernan, togan, misapprehend their duty. Mc'Donald, McMillan, Morton, Oglesby, Patterson, Randolph, P.ansom, Sargent, I am not prepared t.o go into the constitutional question which has Sharon, Spencer, Thunna.n, Wall:we, West, and \Vithe~ been raised here; but I am inclined to agree with tho Senator from So the amendment to the amendment was rejected. Vermout tl1at a provision of the kind which is her~ proposed might The PRESIDENT pro tempore. The question recurs on the amend- be sustained upon constitutional grounds. It should, I think, how- ment proposed by the Senator from Arkansas, [Mr. CLAYTON.] ever, leave to the Secretaries the choice, and not confine them to a Mr. CHRISTIANCY. I move to amend the amendment, to follow CONGRESSIONAL RECORD-SEN-4-~TE. JUNE 7, immediately after the printed portion of the amendment offered by here that a.ll such attempts to make political capital out of the dis- the Senator from Arkansas: tribution of the offices of the Oovernmeut are a part of thol:le things Pr01Jided, That the District of Columbia shall be entitled to three times the num- which have brought upon the public service that disgrace to which ber of appointments to which it would be entitled on the basis of popubtion. it has been sul>jectecl. No, sir; let us have no discrimination; let The amendment to the amendment was rejected. merit be rewarded either in the soldier or in the citizen; but do not Mr. EDMUNDS. I move to add the following provision to this give a preference to any one class of our citizens over another. amendment: Sir, leave this matter where it properly belongs; leave it with the Provided, That the foregoing provision sball be subject to the provisions of sec- heads of Departments ; let them make their selections from such per- tion 1754 of the Revised Statutes of the United Stn.tes. sons as they believe. competent to perform the clerical duties of their That section is as follows: offices, and then you will h1.ve a better public service than you will Pt'lrsons honorably discharged from the milit..•lry or naval service by reason of have by attempting to limit the power of the beads of Departments disability resultiu~ from wounds or sickness incurred in the line of duty sh:ill be and restricting them in the performance of their official duties. I am prefriTed for appomtments to civil offices, provided they are found to possess the therefore opposed to this whole concern. Let the public business of business capacity necessary for the proper discharge of the duties of such oftices. thjs country be m~naged by persous who are responsible for its man- If this amendment is to be adopted of making a dist.ribntion by agement, and in my opinion you will have a better public service than States, unless we put in this provision, that it shall not affect the dis- you have at present. charged soldiers, the result will be that a large number even who are The PRESIDENT pro t.empo1·e. The question is on the amendment now emvloyed will have to be discharged, because it happens from proposed by the Senator from Vermont to the amendment of the Sen- an unhappy geogrn.phic:tl and political circumstance that ninety-nine ator from Arkansas, upon which the yeas and nays have been ordered. one-hundredths of the discharged soldiers are in the States that have Mr. MAXEY. I understand this amendment is the law now, and I' more nearly their proportion, if not more, of appointees already. I will vote for it simply becanse it is the law. therefore hope everybody will vote for this amendment of mine. The question being taken by yea-s and nays, resulted-yeas 37, na.ys Mr. CLAYTON. I have here an amendment of a similar chara.cter 3; as follows: recommended by the Committee on :Military Affairs, and I ask the YEAS-Messrs. Allison, Anthony, Barnum, Bo:zy, Bruce, Burnside, Caperton, Senator to see whether it will not covtr his amendment, though in Cluistiancy, Clayton, Cockrell, Conkling, Cooper, Crag'in, Edmunds, FeiTy, Hamil· different language. I understand the law already n.pplies to appoint-1 ton, Hamlin, Hitchcock, Howe, Ingalls. Jones of Florida, Jone11 of Nevalia, Kelly, Key, Maxey, Mitchell, Morrill of Maine, Morrill of Vermont. Paddock, Robertson, ments to be made. What I suppose the Senator wants is to cover th~ Sherman, Stevenson, Wadleigh, White, Windom, Withers. and Wright-37. reductions. NAYS-Messrs. McCreery, Merrimon, and Saulslmr.v-3. Mr. EDMUNDS. I ask for the yea-s and nays on my amendment. ABSENT-Messrs. Alcorn, Bayard, Booth, Boutwell, Cameron of Pennsylvania, Mr. CLAYTON. I think I shall move this as a substitute. Cameron of Wisconsin, Conover, Davis, Dawes, Dennis, Dorsey, Eaton, l!'relin"- huysen, Goldthwaioo, Gordon, Harvey, Johnst{)n, Kernan, Logan, McDonald, MO. The yeas and nays were ordered. Mjllan, Morton. Norwood. Qglesby, Patterson, Randolph, Ransom, Sargent, Sha- Mr. CLAYTON. I ofter this as a substitute for the amendment of . ron, Spencer, Thurman, Wauace, and West--33. the Senator from Vermont-- So the amendment to the amendment was agreed to. Mr. EDMUNDS. We have an amendment in the second degree The PRESIDENT pt·o tentpm·e. The qm·stion is now on the amend- now. · ment of the Senator from Arkansas as amended. The PRESIDENT pro tempore. Does the Senator from Arkansas Mr. CLAYTON. I call for the yeM and nays. offer an amendment T • The yeas and nays were ordered. Mr. CLAYTON. I offer it as a substitute for the amendment of the Senator from Vermont, if tbat is in order: as an amendment to his it Mr. SARGENT. I should like to hear the amendment reported as now stands. a.mendment. The PRESIDENT p1·o tempm·e. It will be reported aa amended. The PRESIDENT pro tempore. That is not in or(ler. The amend- The Chief Clerk read as follows : ment of the Senator from Vermont is already in the second degree. Mr. CLAYTON; I ask the Senator to read the section of the stat- That the appointments in all the Executive Departments of the Government ute again. Perhaps I can accept his amendment. shall be so arranged as to be equally distrihuted between the several States of the United States, TeiTitories, and the District of Columbia, according to population · Mr. EDMUNDS. We shall have to have the yeas and nays any- and the principle of equal distribution of appointments as above providucl for shall how, though I shall be very glad to have the support of my friend. apply in making reductions of force in said Departments: ProvidJ-.Al, That the fore- I will read the section again. gomg provision shall be sul1iect to the provisions of section 1754 of the Revised Statutes of the United States. . Persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty shall be :Mr. MORRILL, of :Maine. · So far as any principle is involved in prefeiTed for appomtments to civil offices, provided they are found to possess the the amendment, I have no objection to it; but it is l~gislation,' dis- business capae1ty necessary for the proper discharge of the duties of such offices. tinct legislation. Up to this time we have ignored that entirely on Mr. CLAYTON. I think that covers the same thing that! am try- t.his bill. Tl.Jat has been one of the most distinct principles which ing to get at. I have no objection to that. It covers the reductions, the Senate has adhered to up to this time. That was the principle I think, as well as the appointments. on which the committee acted in presenting this bill to the Senate; Mr. EDMUNDS. My proposition simply is that in making this and if it is violated in this instance, it seems to me that we ignore a geographical partition by the compass and the chain of t.he selection principle the ignoring of which may be very troublesome to us befot·e of people to fill Department offices, it shall not affect the fundamental we get though with this bill. Therefore I shall feel constrained to right of a soldier, wherever he lives, if he is fit to fill one, to get it vote against t.his amenclment. if be can. :Mr. CLAYTON. The appropriation bill clearly provides for re- Mr. SAULSBURY. In my opinion this whole matter in reference ducing the force of the di1l'erent Departments of the Government; to the appointment of the subordinate employes in the Executive De- and this amendment simply goes on one step further to say how that partments ought to be left to the be..'tds of Departments. You ought force shall be reduced. It certainly is perfectly germane to the bill, to have men at the head of the Departments who are capable to dis- and I do not see why it should not be considered as appropriate. charge the duties of their offices, and to them ought to be left the Mr. WITHERS. What the chairman of the committee has stated discretion of selecting the persons who shall carry out their wishes in is clearly correct. The Appropriation Committee of the Senate have, the administration of their respective Departments of the Govern- in consjderation of what has been the expressed wish of the Senate, mont. If you attempt to limit and restrict the authority of the heads amencled this legislative, executive, and judicial appropriation bill of Departments over their employes, you will have the same kind of by striking out various provisions of it which proposed legislation; and service you now have. But if you put the proper men at the head they expected to sustain thell!selves in this position by declarhw 0 to of the Departments, holding them responsible for the proper admin- the Senate and the country that an appropriation bill is not the istration of the affairs of their Department, they will be exceedingly proper place .f or legislation. As long as we can stand upon that princi- careful to employ none but proper men to carry out their wishes. ple it is possible we may be able to sustain ourselves in any contest This attempt to restrict the hea.ds of Departments relieves them to a with the other Honse; but if we present ourselves an amendment to certain extent of a responsibility for their management. the bill which violates the principle on which we have stricken out I am therefore in favor, first, of the appointment to the head of the various clauses of their bill, it seems to me we cut the ground from Departments of pr()per men, and then of letting them have the con- under us, and it would leave us entirely open to the attacks of those trol of the employes under them. who assert the right of the House to legislate in an appropriation A word now in reference to the provisions of the section read .by bill. Therefore I think it would be exceedingly indiscreet on the the Senator from Vermont. I have as high a regard for the men who part of the Senate to add this legislative amendment to the appro- fought the battles of the country as has anybody else; but I am priation bill. against any distinctions and preferences being exercised toward any Mr. HAMLIN. I concur in every word that the Senator from Vir- particular class Of American citizens. I do not believe that simply ginia. has said; and yet there is one suggestion which I want to make because a man ha~ worn a uniform he is any better than anybody to him for the purpose of seeing whether it will influence his mind. else. He is none the worse on that account ; nor is he any the better It does not quite influence my own. I think I shall vote with the on that account. Reward merit, whether you .find it in the soldiery Senator from Virginia; but we shall have an incomiug administra- or whether you find it in the civilian, but do not attempt to discrim- tion on the 4th of March next; I do not know what' sort of a. one it inate between classes of citizens in this country. I know there has will b~, and it is not material to the point which I make. When you been a feeling of discrimination in favor of the soldiery, prompted run your eye over the country yon will a-scertain that there are very more often. by political considerations than by any desire for the many States that have never had cabinet ministers selected from those public good ; and I should not be honest to myself if I did not say various States; and in kindness to those States this proposition 1876. CONGRESSIONAL RECORD-SENATE. 3647 should require that selections be made from those States. It is just Mr. CLAYTON. I have examined it and find that it is correct. as sensible when applied to thoseoffices,and indeedthereisaddition_a l Mr. WlTHERS. With the permission of the Senator from Arkan- sense in it. I think perhaps that my fTiend from Virginia and I had sas I will state that my oujection to the measure did not arise f1·om better yield our objections in consideration of the fact that we should any know ledge of these facts. get an excellent Cabinet. I have no doubt that the rule that would Mr. CLAYTON. I did not say it did. I only said that it was a co- requh·eaDepartment to appoint its subordinates from a locality, when incidence. the subordinate to be appointed is not the equal of another, would Mr. WITHERS. The coincidence may go for what it is worth. Up apply precisely as well and with as much force to officers of a higher to the present moment I have been in entire i~norance of the number to grade; and that would be an inducement for some to vote for the wllichwewereentitledorthenumberinthedifferentDepartmentshail- amendment. It will not quite induce me to vote for it, however. ing from Virginia. I have no knowledge whatever on that subject. Mr. CLAYTON. I did not want to 1:1peak upon this subject :tgain; My information, however, was preciselypredicated uponthefactwhich but there is one very singular coincidence that I cannot help notic- I stated in my remarks; but as the subject has been introduced, I ing. .All the gentlemen who seem to find fault with t.his amendment will say that it is not at all surprising that both the States of Vir- happen to represent States that have a very l:trge preponderance over ginia and Maryland should have a. larger number credited to them what woultl be due them under this provision. than their proper quota, estimatcu upon the basis of the amendment .MJ.'. HAMLIN. That is not true of my State. of the Senator from Arkansas, for the reason that persons comin~ to :Mr. CLAYTON. I have here a tabulation of this subject, made t.he city of Washingtop from other localities hoping to get appomt- upon the Blue Dook of 1875. If there bas been any great change it ments in some one or other of the Departments, and failing to do so, must have taken place since then. I will see how it is with regard aud having to :fix upon a residence, naturally locate either in Virginia. to .Maine. Maine is entitled to fifty-five employes in the Treasury or in Maryland in order to be accessible toW ashington where they may Department upon tlle basis of population; she has eighty-seven. She prosecute t.heir claims upon the Depa.rtment.a or their applications for is entitled to six in the Post-Office Department; she has eight. She appointment-s, and then if subsequently appointed to any office they is entitled to twenty in the Interior Department; she htts twent.y- are credited to the State of Virginia. or to the State of Mar.vland as four. In the War Department I believe, however, she is entitled to the case may be. Notably I will recall the instance of Mr. Caleb more than she has. In the War Dupartment she is entitled to seven- Cushing, who certainly nobody ever supposed to be a Virginian, or t een aud has eight. In the State Department she is entitled to eight claimed tha.t he w:ta a. Virginian, and yet when nominate9- as min- and has none. In the Navy Department she is entitled to three and ister to one of the great powers he claimed to be from Virginia. be- has four. · If the Senator from Virginia desires information in regard cause he had his residence just across the Potomac; and I could name to tbe force from his State, I will sa.y that Virginia is entitled to ninety- a good many other instances of this kind. nine in the Treasury Department and h:ta ninety. There she hn.s not Mr. CLAYTON. I did not intend to say that any Senator here as many as she is entitled to by nine. In the Post-Office Department would be actuated by any motive of th~t kind. I do not believe they she is entitled to eleven and has twenty-one; in the Interior Depart- would. The question has been stated here- about these little petty ment, to twenty-one and has thirty-six. In the \Var Department nearly appointments and the scramble for office, &c. I cannot believe tlla.t all the States have less than they are entitled to. any Senator on this floor would be actuated for one moment uy such Mr. NORWOOD. Is the record of Georgia upon the Senator's list f a motive; but it is like the upsetting of Tony Weller's stage-it is a Mr. CLAYTON. I think Georgia has far less than she is entitled "very strange coincidence." Yon remember he undertook to convey to h::we. a party of gentlemen to the polls and it so happened he upset the stage Mr. MERRIMON. How about North Carolina T in the exact spot where he upset it a year before under similar cir- Mr. CLAYTON. North Carolina has less th::~on she is entitled to clllll8t:mces, and in each case the gentlemen ups~t were of opposite have. politics to Tony and by reason of the mishap were unable to get to Mr. NORWOOD. I should like to hear the statement in reg:-..rd to the polls. That was a strange coincidence, and so is this; but I do Georgia. not mean to say that any such unworthy motives as some persons Mr. CLAYTON. Georgia is entitled to ninety-nine in the Treasury might assume have anything to do with the views of tho gentlemen Department, and has eight. There you see a considerable difference. who have spoken against this proposition. She is entitled to eleven in the Post-Office Department and has eight. I only want to say in conclusion, as was said before, that the In the Interior Department she is entitled to thirty-six and has amendment is simply to apply the provision of existing law, which is three ; in the War Department to thirty and has none ; in the State now applicable to the Treasu.ry Department, and which was put upon Department to fourteen and has four; in the Navy Department to an appropriation bill just like this, to all the other Executive Depart- 1i ve and has none. That is about the proportion in regard to most ments of the Government. So far as the criticism made by the Sena- of the Southern States and a great many of the Western States. tor from Maine, in relation to CalJinet appointments, is concerned, Mr. MERRIMON. I ask the Senator to publish the list from which everybody knows that that ha-s no bearing upon this case. This sim- he is reading in his remarks. . ply applies to the appointees in these Departments, not the heads of Mr. EDMUNDS. I ask the Senator where he gets these figures t Departments. I ask to have the list from which I reoo incorporated Mr. CLAYTON. From the Blue Book of 1875. . in my remarks. · Mr. EDMUNDS. Who tabulated it J The list referred to is as follows : A table showing the number of persons engaged as ojJicers, clerks, and entployes in each Departrn.ent at Washington, together with the nurnber each State and Territory would be entitled to upon the bMis of a division according to 1·epresentation and the number actually entployed fron~o each State and Territory. Treasury. Post-Office. Interior. War. Stare. Navy. Printing. R. R. po. cl. (3,~.) (365.) (1,200.) (1,000.) (455.) (150.) (1,550.) and mess. (2,100.) States and Territories. - - - - - - - - - - - - - - - - - - - - - - -1 - - - - r - - - - - --11--l --~ ---:-- - - - - , - '- ---- Alabama. . ..................................................... . sa 21 10 3 32 9 26 1 12 ...... 4 .••••• 40 . ••••• 56 . ••••• Arkansos ··-·······-··-········-· ······ .••••••••••••••••• ···-·· 4~ 8 6 3 16 3 13 1 6 1 2 · ··•·· 20 2a ···-·· California. ............................... _•... _........ _•.••••.. 44 12 5 4 16 8 13 2 6 12 2 20 28 .••••• Connecticut ...•••..•..•••••• _................................ . . 44 47 5 13 16 21 13 ll 6 6 2 3 20 28 . ••••• Delaware .....•..••.•.•••••••••••......•..••.••......•.••...•.. 11 14 ] 2 4 4 3 4 2 2 ...... ..... . 5 7 .••••• Florida. . ········· --······························ .............. . 22 4 2 3 8 7 .•.•.• 3 1 ..•... 10 14 . ••••• fli':Jl~:::: ~: ::::: ~::: ::::::::::::::::::::::::::::::::::::::::: 209 99 8 ll 8 36 3 30 14 4 5 45 63 .••••• 80 24 6 76 46 5a 9 29 19 10 2 95 133 . Indiana. ................................ ·····-·······-·· •••..... 143 58 27 9 52 26 50 6 20 7 7 65 91 .••••• Iowa. ··················--···················· .. ·········-····· 99 34 11 5 3G 32 30 11 14 10 5 45 63 .••••• Kansas . ....................................................... . 33 16 4 "8 12 13 10 6 5 2 2 15 21 ···••• t~;~~ :::::::::::::::::::::::::::::::::::::::::::::::::::::: 110 33 1:3 2 40 4 34 4 15 4 5 1 50 70 .••••• 66 15 8 4 24 7 20 3 9 3 3 30 42 ·-···· 55 87 6 8 20 2i 17 8 8 3 4 25 35 .••••• Maryland .....• ···-······ ..••••••...••• ···-········-······· ..•. 66 1L4 8 34 !!4 48 20 51 9 4 3 3 30 42 .••••• Massachusetts ............... ·-···········-··-· .....•.....••.•. 121 126 14 16 44 20 37 40 17 16 6 1 55 77 ...... ~;~::: ~ ~: ~:: ~ ~: ~~::::::::::::~ ~: ~:::::::::: ~::::::: ~:::. 99 H 11 10 3& 3l 30 11 14 10 5 2 45 63 .••••• 33 2-~ 4 3 12 26 10 3 5 4 2 15 21 . ..... 66 19 8 2 24 11 20 1 9 2 3 ..... .:; 30 42 .••••• 143 26 27 3 52 u 50 10 20 6 7 65 91 ..•.•• Nebraska.·················-··············· .................... . 11 5 1 3 4 12 3 1 2 :2 5 7 .••.•• Nevada. ... .......... -· ....•.•.. ... : ••••••••. -· ..... ·-··-· ····-· 11 3 1 4 3 !l 2 1 5 7 ·•·••• S:: t~iY~~~~·~:::::::::::::::::::::::::::::::::::::::::::::~ 33 77 363 300 67 47 4 D 42 4 10 30 12 28 132 126 20 14 10 23 110 145 10 16 5 11 50 4 9 45 "'17 2 4 2 3 5 15 35 16!) 21 ··•••• 49 .••••• 2Jl 1. . .... 3648 . CONGRESSIONAL. RECORD-SENATE. A tabl.e showing the number of persons engaged as offieers, clerks, and entJ>loyes in eaclt Department at Washington, &-c.-Continued. Treasury. Post-Office. Interior. Wnr. State. Navy. Printing. R. R. po. cl. (3,!WO.) (365.) (1,200.) (1,000.) (455.) {150.) (1,550.) and tuess. (2,100.) States and Territories. od od ~ od ~ ..0 .g rd~ od 'iI» .g od~ rd od ~ rd~ 4) I» rd I» 1!:;! I» ~ ~ I» od I» I» .a8 .a ~ 4) # ~ -aa 0 Q 0 !:;! 0 !:;! 0 0 ~ !:;! !:;! ~ P. $ :Q P. $ $ 9 'a '3 'a P. ~ ~ ~ 8 - - -- - - 1- ~ ~ ~ ~ = 8 ~ ~ = ~ ~ = 8 Jl;l ~ = ~ ~ - - -- - - - - - -- - -- - - - - - - -- ~ a 8 = ~a ~ North Carolina. ................................................. 88 18 10 3 32 6 26 1:J 5 4 40 56 Ohio ...... ......................................... .............. 220 140 28 15 80 107 67 34 30 17 10 1 100 140 11 4 1 2 4 4 1 2 1 ··-· ·· .... .. 5 7 ~i;~!~k::i· 3 ::::::::::::::::::::::::::::::::::::::::::::: _":":":': South Carolina .. ................................ . ............. . 297 22 55 269 9 20. 34 2 6 27 5 108 8 20 I 7tl 5 6 90 7 17 90 5 3 41 3 8 24 6 3 14 1 3 13 1 135 10 27 18!1 14 35 Tennessee ..................................................... 110 18 13 7 40 14 34 1 15 3 5 2 50 70 Texas ........................................................... 66 8 8 1 24 2 20 2 9 3 3 30 42 . ... u Vermont .................................. ..................... :t1 49 4 8 12 20 10 9 5 5 2 15 21 11 H ~~!±!~~~~·_:_:_:_:_:_:_:::: 99 90 21 36 61 30 21 8 10 3 45 63 Arizon:~. :::::::::::::::::::::::":::::::::::::::: ........................................................ 33 64 11 27 42 4 4 8 7 1~ 10 3 ....... ...... ...... ···-·· 12 3 4 5 5 3 9 2 15 21 ...... ...... ...... ........ ···· ·· ....... 2 15 21 Colorado .......... ... .. .... .. ... . . ... .. .. . .. ... ... .. .... .. ... .. .. Dakot..'lo ........................................ v . . . . . . . . . . . . . . . . 11 11 4 4 12 12 1 1 3 3 5 5 1 2 2 15 15 21 21 Illabo ... ........................................... ............ 11 4 12 3 5 2 n 21 Utah ...... ..................................................... 11 4 12 3 5 2 15 21 'Vasbington ............................................ . ...... 11 4 12 2 3 5 2 15 21 11 4 12 5 1 15 21 iia~M~~~~ ~:::: :·::.·::::.:·.:·.:·::::.:::·:. ·:.:::: :::::::::::: ::: : n 3 2 4 12 2 3 5 1 2 15 21 Di~:~trict. of Columbia ............. ...... ...... . .. .... .. . . .. .-...... 11 604 4 82 12 295 13 256 5 59 2 4!> 15 21 Mr. SAULSBURY. I desire to ask the Senator from Arkansas if wherever it may be, where 95 per cent. of them are capable; or, to he does not know that now frequently appointees are accredited to put it in another way, where 95 per cent. of the people who would certain States that they never have been in, and whether, if this apply are capable of performing the duty, and only 30 or 40 per cent. amendment should prevail, it would in practice amount to anythingf in another section of the country are capable of doing it. The rule Are there not in all the Departments now persons accredited to dif- must be universal. The principle of my friend's proposit.ion, there- ferent States who, perhaps, were never in the States to which they fore, is wrong by making it geographic!l.l. If you could find that in t.he are accredited f They come and apply for certain appointments, and Departments a head of Department was preferring one section of they get the influence of a Senator or member from a different State country to another because it was a section, then he ought to be dealt than their own, and they go iu as appointees from th~Lt particular with nndoubtedly; but to undertake to put him in a box which State. I know that I had occasion at one time to look over the ap- is measured by geography, when you look at the condition of our pointments from the State of Delaware in the Treasury Department, people as it unfortunately happens to be, it appears to me is doing I think there were only some six in the Department whom I could wrong. find credited to my State, and there were but one or two of them Mr. WHYTE. Mr. President, we have heard for a long time many that I had ever heard of as being Delawareans; but there were some comments upon that which has become almost an axiom of politics, persons who had app1ied to some former Representative of the State th&,t, "to the victors belong the spoils;" but this looks very much as and he had given them a letter of recommendation, and in some way if it was proposed that the Senate should divide the spoils with they had assumed to be citizens of the State, and were appointed as mathematical precision. The population of the different sections of such, whereas perhaps more than one-half of them never were in the country is to be recognized as the mode by which appointments the State. So I apprehend it is in regard to many of the States. are to be distributed. Now, sir, the theory of our Revised St-atutes If, therefore, the Senator's i)>mendment should provail, which seems seems to be that the efficiency of the service is to be promoted by se- to be fair on its face, it would amount to nothing practically, because curing the best persons wherever they can be fonnd, and I think that if I had any influence with the Departments (which perhaps very for- that theory carried out in practice will best subserve the public in- tunately I have not) and were to see proper to recommend some per- terest. son from Texa-t~, he would be accredited to the St.ate of Delaware, if This thing of introducing the rnle of three into the distribution of the recommendation availed. It would amount therefore practically office is almost as bad as the principle of "addition, division, and si- to nothing so far a~ the citizens in the respective States are concerned; lence." It is far better that the President should have the power and all legislation of this character, which amounts to nothing prac- that be now has under the Revised Statutes, wit.hout being tram- tical, we had better let alone. That is my opinion. I shall therefore meled by any other provision of law, to make such regulations as vote against the amendment. he may deem fit for the purpose of winnowing, if you please, the :Mr. EDMUNDS. I ask the indulgence of the Senate to sa.y one Departments of the Government of the bummers, as I beard a Sena- word. I believe I have two minutes left on my old amendment, which tor call some persons who are presumed to be in office-! hope there is enough. are none in reality iu any of the Departments-but for the purpose Mr. President, these appointments, it appe!lrs to me, are appoint- of ridding them of the drones and lazy persons who may have crept in ments which belong, so far as you can apply that word to any such through the influence of politicians, not of course of Sen&tors or Repre- thing, to the people of the United States; that State lines have noth- sentatives, but outside politicians. They should be cloored out, allfl a ing at all to do with them except as a matter of convenience in the rule estahlished which will work well for all parties in the country, that distribution of offices, because they should be distributed all over the only the competent, the efficient, and the worthy may get places in the Union; all the people should have an equal chance. But when you different branches of the civil service, giving preference, as we have are going to employ a body of persons to do something that requires voted and indicated to-day by our action, to those who have lost their special information and skill or some sort of education, then I think health in the service of the country. if a particular section of the country, be it North or South, East or I trust that this proposition of the Senator from Arkansas will not West, happens to possess a larger proportion of citizens who areca- prevail for the reason which I have stated, and for the additional pable of filling that cla-ss of officers than another portion of the coun- reason that we ought not to ingraft upon an appropriation billlegis- try does, that portion of the country naturally and justly ought to latiou of this character. have a larger proportion of the people who are appointed. If, for The PRESIDENT pro tempo1·e. The question is on the amendment instance, in the State of Illinois the proportion 6f people who cannot of the Senator from Arkans~ as amended, upon which the yeas and 1·ead and write is less than 5 per cent. ; and if in the State of Arkansas nays have been ordered. the proportion of people who cannot read and write is above 30 per The Secretary proceeded to call the roll. cent., then, I submit, without regard to State lines-1 only speak of Mr. WHYTE, (when his name was called.) I should like to vc te on States as merely indicating sections of country; the country as to this question, but I am under the impression that I have paired with Departments is common to everybody; there are not any State lines- the Senator from Minnesota, [Mr. McMILLAN,] and therefore I prefer if it happens that in that particular geographical part of the country not to vote, though I should vote" nay" if he were present, and h~, I that is called the State of Arkansas there ·are five times as many am sure, would vote "yea." people in proportion to the population who are entirely incapable of Mr. RANSOM. I should like to vote on this amendment, but I am filling such offices, then I submit that the proportions ought to go paired on the bill generally with the Senator from New J ersey, [.Mr. according to capability in the whole nation. It would be nnjust to FRELINGHUYSEN.] I would vote "yea" if at liberty to do so. pick out the 600,000 people there are in Arkansas when only a pro- Mr. WINDOM. I am paired with the Senator from West Virginia portion of 60 per cent. of them are even.capable of reading and writ- [Mr. DAVIS] on all political questions; but not regarding this as one in\ in and to e~olude the 500,000 people the State of Minnesota, or I vote "nay." 1876. CONGRESSIONAL RECORD-SENATE. 3649 The roll-call having been concluded, the result was announced- The object is to give an additional clerk of class fonr to the Com- yeas 22, nays 23; as follows: missioner of Customs; and I .make this motion on the authority of a YEAS-Messrs. .Allison, Barnum, Bogy, Bruce, Caperton, Clayton, Cockrell, letter received from him and a statement made by him, to the effect Dorsey, Ferry, Gordon, Hitchcock, Ingalls, Jones of Nevada, Kelly, Key, Mc- tbn.t an examination recently made, at the instance of the Senate Creery, Maxey, Mitchell, Paldthwaite, Hamilton, Hamlin, Howe, is a large amount of uncollect-ed balances which have run through Johnston, Merrimon, Morrill of Maine, Morrill of Vermont, Norwood, Sargent, thirty or forty years, from which he thinks a large saving could be Saulsbury,-Sherman, Windom, and Withers-23. made if be had the additional force necessary to look up the matter ABSENT-Messrs. Alcorn, Bayard, Boutwell, Burnside, Cameron of Wisconsin, and prepare it. There a,r e some three or four million dollars of bal- Conover, Crngini Davis, Dawes, }"'relinghuysen, Harvey, Jones of Florida, Kernan, Lol!an, McDonn d, McMillan, Morton?.-9~lesby, Patterson, Randolph, Ransom, ances, I think, uncollected that have run throngh a great many years; Sh.;;ron, Spencer, Thurman, Wadleigh, wa1lace, West, and Whyte-28. but he ha.s no clerk whom he can spare from the current dnties for this 1VOrk. Believing that it is in the line of economy, and that much So the amendment was rejected. more money can be saved than the cost of this clerkship, I move the Mr. CLAYTON. I believe this vote disposes of the n.mendment of amendment at his instance. I think it ought to be adopted. the Senator from V f\rmont also. Both fall together. I now offer the The amendment was agreed to. following to come in at the end of the third section of the bill: Mr. JQNES, of Nevada. I desire to offer an amendment on page 4, Provided, That, in making any reduction of force in any of the Executive Depart- aftor the word "each" and before the word "three," in line H2, to in- ments, the head of such Department shall retain those persons who may be q uali- tied who have been honorably clischarged from the militarv or naval service of the sert: United States and the widows and orphans of deceasecl so\diers and sailors. To pay William H. St. John, in charge of Senate store-room and document-wagon, $1,200. . . I desire to state that this amendment is recommended by the Com- mittee on Military Affairs. It speaks for itself, and I shall make no Mr. SHERMAN. Is there any recommendation for that f further remarks on the subject. I ask for the yeas and nays. Mr. JONES, of Nevada. I will say that the Committee on Appro- The yeas and nays were ordered; and being taken resulted-yea-s priations have no objection to it. It will be observed by all Senators 43, nay 0 : as follows: that this is one of the most useful and hard-working men in the em~ YEAS-Messrs. .Allison, .Anthony, Barnum, Bogy Booth, Bruce, Cameron of ploy of the Senate. Pennsylvania, Un.perton, Uhristiancy, Clayton, Cockrell, Conkling, Cooper, Dennis, Mr. SHERMAN. Does the amendment come from the Committee Dm'S~y, Edmunds, Ferry, Goltlthwaite, Hamilton, Hamlin, Hitchcock, Howe, In- on Contingent Expenses f galls, .Tones of Nevada, Kelly, Key, McUreery, Maxey, Merrimon, Mitchell, Mor- Mr. JONES, of Nevada. Yes, sir. rill of Vermont, Morton, Norwood, Paddock, Ransom, Robertson, Sargent, Sher- _man, Stevenson, Whyte, Windom, Withers, and Wright-43. Mr. MORRILL, of Maine. By an arrangement made in committee NAY-0. for an adjustment in regard to this labor, which has heretofore been ABSENT-Messrs . .Alcorn, Bayard, Boutwell, Burnside, Cameron of Wisconsin, provided for in gross, it is in this bill provided for in detail. It is Conover, Cragin, Davis, Dawes, Eat.on, Frelinghuysen, Gurdon, Harvey, Johnston, said by the Committee on Contingent Expenses who have examined Jones of Florida, Kernan. Logan, McDonald, McMillan, Morrill of Maine, Oglesby, Pattel'son, Randolph, S!\ulsbnry, Sharon, Spencer, Thurman, Wadleigh, Wallace, the question that we have cut them a little short in the number of and W est-30. laborers necessary. This amendment is occasioned by that action. So the amendment wM agreed to. The amendment wn.s agreed to. Mr. MORRILL, of Maine. On page 7, after the word "Represent- Mr. JONES, of Nevada. In line 82, I move to strike out" three" ativ~," in line 159, at the end of the appropriations for the Capitol and insert "eight;" so as to read: police, I move to insert : Eight skilled Ia.borers. Provided, That so much of the joint resolution approved July15, 1870, as author- Mr. EATON and others. What is the object of that f izes the employment of an additional police force is hereby repealed, to take effect :Mr. JONES. of Nevada. This amendment increases the number of b-om and after the 30th day of J nne next. skilled laborers from three to eight. These skilled .laborers, as the I ought to state what the effect of that is. It is an amendment Ser~eant-at-Arms informed the committee, have quite important which does not increase but decreases expenditure. By a statute duties to perform. They frequently are employed as messengers. of 1870 three temporary po1icemen were authorized to be employed E~ght is much less than the number now employed in that capacity. during certain improvements in the Botanic Garden. There is no It makes the difference between $2 and $2.75 per day in their pay. longer any use for them, but still they have continued to be appro- He finds it impossible to get the proper kind of persons for that serv- priated for. T~is reduces the appropriation by so much. ice at $2 a. day. This amendment increases the number of skilled The amendment was a,areed to. laborers by :five; and in an amendment which I am abont to offer we Mr. MORRILL, of Maine. On the same page, line 140, I move to shall decrease the number of unskilled laborers by five. strike out the word "fifteen" and insert " _thirteen," and in the same Mr. EATON. That was the question I was about to ask in regard line strike out "thirty" and insert "twenty-eight;" so as to read: to. For fuel and oil, * ' "' ; for miscell'\Ileous iteiDS, exclusive of labor, fl3,000; The PRESIDENT pro tempore. The question is oil the amendment in all, $28,740. submitted by the Senator from Nevada. The amendment was agreed to. :Mr. SAULSBURY. Does it increase the number of employed Mr. MORRILL, of Maine. On page 13, line 308, I move to strike Mr. JONES, of Nevada. No; it increases by :five the number of out ''twenty" and insert" eighteen;" so as to rt'm.d: the skilled laborers, and I n.m about to offer an amendment to de· For miscellaneous items $18,000. crease the nnmber of unskilled laborers by five. Mr• .MERRIMON. I should like to ask the Senator a question. This is among the contingent expense.s of the House of Represent- What is the difference in costf Does it increase the cost f atives. -. Mr. JONES, of Nevada. It provides for :five more skilled laborers The amendment was agreed to. and gives them seventy-five cents a day more than they would get Mr. MORRILL, of Maine. On page 16 at the bottom of the page, under the provisions of the bill a.s it stands. line 388, I move to strike out "heating, and ventilfJ,ting and repairs;" Mr. SHERMAN. Let me ask the Senator what the skilled laborers so as to read : get new f . Provid.ed, That the Aro.h itect of the Capitol shall have the care and superintend- Mr. JONES, of Nevada.. Two dollars and seventy-five cents a day. ence of tho Capitol, including lignting, &o. Mr. SHERMAN. Are there eight employed T And then on page 17, line 391, after the word "the,". strike out Mr. JONES, .of Nevada. A great many more than eight. The "officer" and insert " Commissioner·" so as to read "Commissioner amendment I propuse is a reduction of the present force. of Public Buildings and Grounds." ' Mr. MORRILL, of Maine. I think it is rather an inconsiderable r The PRESIDENT . pro tentpore. That clause has already been matter anyway. It is rather a regulation of the force than any ma- amended so as to read : terial increase of the expenditure. As I have already said, by an Ana providedjurthe;r, ThataJl the duties reL'ltive to the Capitol building hereto- adjustment in this bill of the labor abont the Senate, the Committee on fore performed by other officers shall hereafter be performed by the arohitect of Appropriations intended to provido for the labor specifically; to ap- the Capitol, &Al. propriate for so many laborers, and no more. Now the Committee Mr. MORRILL, of Maine. The object is further to amend that, so on Contingent Expenses think that we have not been exactly discreet as to confine the duties devolved on the architect to those which in the adjustment of the.labor into cla-sses, and this is simply to dis- were formerly devolved on the Commissioner of Public Buildinas. tribute the labor from one class oi what is called skilled labor that It is thought by certain Senators that the language here includes does a certain sort of work about the building to another class of too much ; that is, it includes heating and ventilatiug and repairs, common labor. I understand that to be the upshot of it. wherea-s the chief duty should be the genern.l supervision of the Cap- The amendment was agreed to. jtol, including lighting. Mr. JONES, of Nevada. In lines 87 and 88 I move to strike out The amendment was agreed to. ,, seventeen" and insert "twelve;" so as to read: Mr. WINDOM. I propose an amendment . . On page 25, line 591_, I And twelve laborers at the rate of $720 per annum, during the session of the Sen- move to strike out the word "two" where it occurs the second time ate. in the line and insert " three ; " and I ought perhaps to say, being a This makes the reduction which I have just alluded to. member of t.he Committee on Appropriations, that I do ~ot make the The amendment was agreed to. motion from the committee, though I believe with their consent. I Mr. JONES, of Nevada. In line 104 I move to strike out "two" ~ave notice of it. I am prepared to state the reasons why I make it, and insert" three." This is to keep the number of riding pages in 1f that is desh·ed. • the employ of the Senate what it is to-day; and they are &aid to be IV-229 3650 CONGRESSIONAL RECORD-SENATE. JUNE 7, the hardest worked employes in the service of the Senate. Certainly and insert "five" before ''thousand," raising the appropriation to it would seem almost an impos~ibility to get along with two; at least 5,000; so as to read: so think the Committee on Contingent Expenses. It is to keep the For Bohmic Garden, for improving the ~arden, procuring manure, tools, fuel, number of riding pages the same as now. and re_pairs, ::md purchasing trees and shruos, under the direction of the Library Tho amendment was agreed to. Committee of Congress, $5,100. Mr. JONES, of Nevada. In line 137 I move to strike out "five" Mr. SHERMAN. I should like to ask the Senator from Wisconsin and insert " tE~n." This increases from five to ten thousand dolla,rs why a drive is not made through the Botanic Garden to the Mall t the appropriation for renovating, refurnishin~, and taking care of Mr. HOWE. That is a matter over which the Library Committee in the way of renovating the rooms in the wrng of the Capitol in- bas no jurisdiction. cluding this Chamber. Last year the ~ppropriation was $9,000, anrl Mr. SHERMAN. Has not t.he Library Committee jurisdiction over there was a deficiency of $6,000. We think the cost will probably be the Botanic Garden t I merely asked the question because this is an from eight to ten thousand dollars this year of refurnishing, refit- n.ppropriation for the Botanic Garden, and it seems to me there ought ting, and taking care of the property of the Government in the com- to be an appropriation insomewayto extend the road or drive through mittee-rooms, &c., in any event. 'l'he appropriation lnst year, as I the Botanic Garden. have just stated, was $9,000, and there was a deficiency of $6,000. It :Mr. HOWE. I hope there will be a very good rea.son why that shall is supposed that 10,000 will cover the necessities of the ensuing not be done in a short time, if there is not a good reason now. vear. Whatever is not used of course will be covered back into the Mr. MORRILL, of Maine. If I may be allowed, the jurisdiction of Treasury. the Library Commit.tee is confined to vegetables, and that of the com- Mr. HAMILTON. If they expended $6,000 more than was esti- mittee of the Souator from_Vermont [.Mr. MoRRILL] to the public mated last year, it would seem that that ought to do for another groundR. year. We cannot put in ne.w furniture and new carpets every year. The PRESIDENT pro tempore put the question upon the amend- Ten thousand dollars for this purpose seems to me to be an enormous ment, and declared that the noes appeared to prevail. sum. .Mr. HOWE. I call for a division. I do not think there is any in- Mr: JONES, of Nevada. This will be no more than the average of tention to vote the amendment down. It costs $2,000 a year now to yea.rs, ratl1er less than the average expenditure from year to year in warm and beat those builclings. That would leave but $1,000 of the this department. present appropriation for tools, manure for trees, boxes, and all other Mr. EATON. Will the Senator from Nevada tell me where tho nece8Sary expenses. amendment comes in f I did not hear. Mr. MORRILL, of Vermont. It is expended under the direction of Mr. JONES, of Nevada. In line 137. Mr. Smith, a very careful man. Mr. EATON. What is it to strike out f Mr. INGALLS. What was the appropriation last year t · The PRESIDENT pro tempore. To strike out "five" and insert Mr. HOWE. The s..1.me-$5~000. Mr. Smith, I believe, bas the repu- ''ten" before" t.housand." tation of being one of the most economical men we have in the serv- Mr. JONES, of Nevada. It is for furniture and repairs of furniture. ice of the Government. I am told he gets more work out of the money Mr. EATON. Will the Senator from Nevada inform us what there be spends than any ma.n we have. is to be done there that it makes it necessary to raise this appropri- The PRESIDENT pro te1npore. The question is on the amendment ation from $5,000 to $10,000 f of the Senator from Wisconsin. Mr. JONES, of Nevada. I take for the average of years the sum The amendment was agreed to. that bas been spent for this particular purpose; and I think it pref- Mr. HOWE. On the same page, in line 343, I move to strike out erable to appropriate a sufficient sum to cover the expenses than to "five" and insert ''nine" before "thousand," raising the appropria- have a deficiency bill presented here, as we bad this year for $6,000, tion for the purchase of books for the Libmry from $5,000 to $9,000, $9,000 having been appropriated for this purpose last year. which has been the usu:tl appropriation. Mr. EATON. That does not make it certain that it requires $9,000 Mr. STEVENSON. May I ask the chairman whether the present more now. librnry is not now insufficient to contain the books T Mr. JONES, of Neva-da. I cannot estimate how much furniture Mr. ROWE. Yes. sir, it is. will be needed or how much repairs. I have not examined the vari· Mr. STEVENSON. I should like to know if any step is going to be ous committee-rooms, nor got estimates from furniture-dealers to find taken toward a new libmry. Docs the committee propose anysnoh out how much it will take to keep them in order. I simply take the thing Y My vote will be somewhat regulated by that, as it is of no statement of the Serge!Lnt-at-Arms and of those who are supposed to use to buy books if we have no place to put them. I would ask the know something about it, who tell me that this will be about the chairman if there is any prospect of a report recommending other ac- amount necessary to keep the rooma in proper condition. You have commodations for the Library! to put in a good many rooms new cv.rpets, new furni tnre, and all the Mr. ROWE. There will be a report and a bill laid before the Sen- desks here have to be revarnished. I am sure I cannot tell the Sen a. ate within a day or two having that object in view. The Librarian tor exactly what is done with this money; but I presume that it is thinks it very inexpedient to be left without a small sum which would honestly applied for the purposes mentioned in the item. be available at the sales of books which sometimes take place. Mr. SAULSBURY. I think this is a small matter at any rate; but Mr. EDMUNDS. .And especially sales of rare books. we ought not to adopt an amendment tmless we know the necessity Mr. ROWE. The opportunities are not very frequent, and the Li- for it. The committee who have ba.d this matter nnder consideration brarian wants to h11.ve some provision made to take an, Cock-rell, Cooper, Mr. MORRILL, of Maine. I expla.ined it when it was adopted. It Dorsey, Ferry. Goltlthwaite, :.Ip.tchcock, Iogalld, Kelly, McUreery, Maxey, Merri- repeals a joint resolution adopted in 1870, which provided for three mon. Paddock, West, and Wnaht-18. policemen iu the Botanic Garden during the repairs that were then ABSENT-Messrs. .Alcorn, 'Barnum, Bayard, BoJZy, Boutwell, Bruce, Burnside, . t a k· mg 1 It h · d · f · Th · Cameron of Wisconsin, Caperton, Conklin"', Connver, Davis, Dawes, Denni::~, Fre- P ace. as rema1ne 1n orce ever smce. ere 18 no oc- linghuysen, Harvey, Howe. Jones of Florida, K~man, Logan. M{1Donald, McM.il- casion for three policemen there now, or any number of policemen at Ian, Mitchell, Morton, Oglesby, Patter.·on. Randolph, Ransom, RolJert..on, Sharon, all, and they have, I suppose, been acting in some other capacity. :Spencer, Thurman, Wadleigh, and Wallace-34. The amendment simply l'epeals the joint resolution and reduces the So the motion to lay on the table was agreed to. appropriation by so much. I now simply move to change ''June 30 The amendments were ordered to be engrossed and the bill to be next" to " June 30, lt!76." read a third time. The PRESIDENT pro tempore. The qnest.i on is on the amendment The bill was read the third time. of the Senator from Maine. Mr. EATON. I ask for the yeas and nays on the passage of the The amendment was a.greed t.o. bill. Mr. MORRILL, of Maine. On page 6, lines 127 and 128, I move to Mr. SHERMAN. It is hardly worth while. strike out the words "under the direction of the superintendent of Mr. COCKRELL. We ought to have the yeas and nays. the folding-room ; " so as to make the clause read: The yeas and nays were ordered. For four folders, at not exceeding $3 per day, $3,000 when actually employed. Mr. MERRIMON. There are a great many amendments to the bill The amendment was agreed to. that I should like to vote against, taking them as a whole; but I do Mr. MORRILL, of Maine. The proviso to this clause now reads: not want to be placed in the position of voting against one of the reg- Provided, however, Thn.t any portion of Mid sum may be used, at the discretion ular appropriation bills necessary for the support of the Government. of said superintendent, fot· piece-work. I shall therefore vote in the affirmative. I 'k t b d" · , , · The Chief Clerk proceeded to call the roll. move to str1 e ou t e wor said before ' snpenntendent" and Mr. RANSOM, (when his n:J,me was called.) On this bill I am in ·ert the word " the." 'l'he amendment was a!!l'eed to paired with the Senator from New Jersey, [Mr. FRELINGHUYSEN.] If Mr. MORRiLL, of Ma~e. I ho.pet by general consent, the Secretary . he wore here he wo';lld vote "yea," and I should vote "nay." will be authorized to make the sums total correspond to the amend- The roll-call haVlng been concluded, the result was announced- ments. . yeas 33, nays 7; as follows: The PRESIDENT pt·o ternpo1·e. The Chair hears no objection and Y~4-S-MessTs. Allison, An~hony, Booth, Burnside, Cameron !Jf P no.sylvania, ·11 b d b th S t ' Christiancy, Clayt~n, Cooper, Cragm, Edmunus, Ferry, Goldthwmte, Gordon, Hn.m- th, at WI • e one Y e e~re ary. iltou, Hamlin, Hitchcock, Ingalls, Johnston, Jones of Nevada, Kelly, Ke.v, Merri- The bill was reported to the Senate as amended, and the amend- monl Morrill of Maine, Morrill of Vermont, Norwood, Paddock, Sargent, Sherman, ments made as in Committee of the Whole were concurred in. Waaleigh, West, Windom, Withers, ann to stand in the way of the appro- !tlr. EDMUNDS. I do not wish t-o antagonize anything, bnt the priation bills. bill introduced by the Senator from Indiana, [Mr. MORTON,] conform,. Mr. MORRILL, of Maine. Then I have nothing to say. ing the legislation of Congress to the recent decision of the Supreme Mr. SHERMAN. I move t.o takA up Senate bill No. 263, and I give Court of the United States in respect of the protection of the citizens notice to Senat.ors who desire to discuss t}le bill that I hope they will of the United States in their civil and political rights, which has do it to-morow. been reported from the Committee on the Judiciary, is of great im- The PRESIDENT pro tempore. The question is on the motion of portance; and-and I am not debating the merits of the bill, but only the Senator from Ohio. describing it so that the Senate c..'l.n see what it is-as it is in perfect The motion was agreed to; and the Senate, as in Committee of the harmony with that. decision, I cannot but suppose it will receive the Wholo, resumed the consideration of the bill (S. No. 263) to amend the general, if not the unanimous, concurrence of this body, being for a laws relating to legd tender of silver coin. great constitutional object. Therefore I wish to get it up so that we Mr. MORRILL, of Vermont, obtained the floor. may all have au opportunity to vote npon it and pass it if possible. Mr. MORRILL, of Maine. Now I understand the Senato:c from Ohio But my friend from Ohio, [Mr. SHERMAN,] as I understand from will yield to me to pa.ss an appropriation bill which will not take fi.f- him in private converRation, wishes to proceed with the considemtion teAn minutes-t.he fortification bill. of what is called the silver bill, which I believe has been up already. Mr. MOR.RILL, of Vermont. I yield to that. If the Senate is willing to take notice, so far as I may properly ask Mr. SHERMAN. Let this bill beL the cons.id- hundred feet in length; ancl that said draw shall be opened promptly, upon rea.- eration of executive business. After ten mmutes spent m executlve sonablo signal, for the pa sage of boats or raft-s; but in no case shall unreasonable delay occur in the opening of said draw before or after the pa sage of trains ; aud ses ion the doors were re-opened, and (at four o'clock and twenty thR company, corporation, or individuals having the charge or control of said minutes p.m.) the Senate adjourned. bridge shall, for the security of navigation, maintain, from sunset to snnri e, throughout the year, such lights on said bridge as may be required by the Light- House Board. SEC. 2. That all railway companies desiring to use said ponton bridge shall have, and be entitled to, equal ri~hts antl privileges in the use of the same, and in the usa of the machinery and fixtures thereof, and of all approaches thereto, under and upon such terms an1l comlitions as shall be prescribed by the Sec1·etar.v of HOUSE OF REPRESENTATIVES. War, upon hearing the allegations and proofs of the parties in case they shall not agree; and the United States shall have the right of way for postal and telej:,rraphic WEDNESDAY, June 7, 1876. purposes across said l.nid.~e; and no greater charge shall be made for tho trans- mission o>er the same of the mails, the troops, and m1mitionsof war of the United ·The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev. States than the rate per mile paid for the transportation over the railroads or I. L. TOWNSEND. public highways leading to saitl bridge; and in case of any litigation arisin~ from anv obstruction, or allc_ged obstruction, to the navigation of -the said Missouri The J onrnal of yesterday was read and approved. River, created by the construction of said bridge under this act, the cause or ques- JOANNA NAY PAGE. tion arising may be tried before the district or circuit court of the United States of any State wherein the obstruction exists. Mr. BLAND. I rise to a privileged motion. I find bythe REcoRD SEc. 3. That the right to alter or amend this act so as to prevent or remove all of this morn in()' that yesterday leave was obtained for the withdrawal material obstruetions to the navigation of said Missouri River is hereby expre sly from the files of the House of the papers accompanying House bill No. reserved, without any liability to the Government for damages on account of the 1723 for the relief of Joanna Nay Page. I desire to enter amotion to alteration m· amendment of this' act or on account of the prevention or requiring the removal of any such obstructions; and if any change be made in tlle plan of reconsider the vote granting such leave, inasmuch as a report of the construction of said ponton bddge, such change sball be subject t.o t-he approval of subcommittee has been made ad erse to that claim. the Secretary of War; and any cban!!e in the construction or any alteration of sa ill The SPEAKER. The motion will be entered. bridge th:tt may be directed at any time by Congress or the Secretary of War shall be at·the cost and expense of the owners thereof. Said bridge shall be constructed, CIVIL-SERVICll~ REFORM:. as near a.s may be practicable, upon the line heretofore s11rveyed and established by Mr. HURLBUT. I am directed by the Committee on Civil-Service theN ebraska City Bridge Company. SEC. 4. That any bridge authorized to be constructed under this act shall be bnil t Reform to report back certain testimony, and to move that it be or- and loe.ated under and subject to such regulations for the seourity of navi.~ation of dered to be printed and recommitted. said river as the Secretary of War shall prescribe; and to secure that object the There being no objection, the motion was agreed to. saitl company or corporation shall submit to the Secretary of War for his examin.'lo- tion and approval a desi_!!Il and drawings of the bridge and a map of the location, THOMAS D. WRIGHT. giving for the space of one mile above and one mile below the proposed location Mr. JONES, of Kentucky, by unanimous consent, introduced a bill tho topography of the banks of the river, tbt' ehore lines at high and low water, the directwn and strength of tho currents at all stages, and the sounrlings, accurately (H. R. No. 3668) for the mlief of Thomas D. Wright, of Carrollton, showing the bed of the stream, the location of a.ny other brirlge or bridges, and Kentucky, for tho destruction of his property by the Federal troops shall furni!lh such other information as may be required for a. full and satisfa~tory in the year 18G2; whicu was reau a firi:lt aml seconu time, referred to understaudin~r of the subject; and until the said plan and location of the bridge are the Committee on War Claims, and onlered to be printed. approved by the Secretary of War the bri(lgo shall not be built. K:\UL HEL'\EMAN AXD OTHEUS. Mr. CROUNSE. I repeat that this billlta.s the unanimous inuorso- Mr. DAVY, by unanimous consent, introuuced a bill (H. R. No. ment of the Committee ou Commerce, and also tb~ approval of the ~~669) for tbe relief of Emil Heinemau, Francis Pa.yson, and George engineer of the "Tar Department. There can be no objection to it; H. Morgan; which was read a Jirst a.ml second time, referred to the and it is important that it should be p~sed promptly. Commit.tee of Ways and Means, unu ordered to be printed. The bill was ordered to be engrossed and rea-d a third time; and being engrossed, it was acconlillgly read t.he third time, aud passed. COIDUTTEE ON 1~XPE~DITUHES OX' PUBLIC BUILDINGS. l\11·. CROUNSE moved to rccoutiider the vote by which tlle uill was Mr. COX. The Commit.tee on Rulus, who are authorized, I believe, passed; and also moved that the motiou to reconsider be laid on the t.o report at auy t.ime, have directed me to report back, with a favor- table. able recommeudation, the following resolution: T~e latter motion was agreecl to. .Raolvea, That Role 103 he so amende!l a to st.rike out the shth clause, referrinf.rr to the committee on public accounts nnu cxpcmlitm·cs rclatin~ to public buil.' · CO:\fillTTEE APPOINTIIIENT. in..,.s and insert at the em\ of saitlrolo thofolluwin~ additional clause: "A commlt- The SPEAKER announced the appointment of Mr. PHELPS to fill ~ ~n so much of the public a~counts and expenditures as relates to the public the vacancy upon the Committee on Foreign Affairs occasioned by the buildinrrs, to consist of seven mombers; ., aml tlli.s amendment shall continue in f01·ce o~y during the present session. resignation of .Mr. BARNUM. Mr. Speaker, the only amendment here proposed is to increase the ORDER OF BUSINESS. number of members on this committee from fivo to sevon, in conse- Mr. WILLIS. I a.sk unanimous consent--. quence of the absence and sicJmess of some members. Mr. THORNBURGH. I demand the regular order of business. The resolution was agreed to. Mr. \VILLIS. I have the floor, and I hope the gentleman from Mr. COX moved to reconsider the vote by which t.he resolution was Tennessee will allow me to go on. adopted; and also moved that the motion torcconsider be laid on tho The SPEAKER pro tempore, (.Mr. BLACKBURN in the chair.) Does table. , the gentleman withdraw his demand for the regular order of busi- The latter motion was agreed to. ness? The SPEAKER subsequently announced the appointment of Mr. .Mr. THORNBURGH. No, I insist on it. POPPLETON and Mr. BELL as tlle additional members upon the Com- mittee on Expenditures on Public Bnilt.lings. · PUBLIC LANDS IN ALABAMA, ETC. RAILROAD TRACKS IN SOUTII WASillNGTON. The SPEAKER pl'o tempo1·e. The morning hour now begins at twelve o'clock and twenty-five minutes, and the regular oruer of Mr. HARRISON, by unanimous consent, reporte(l from the Commit- business is the call of committees for reports of a public nature, the too on Public Buildings and Grounds a memorial of residents of Wash- call rt>sting "\rith the Committee on Public Lands. ington City for the removal of railroad tracks now used in the south- The pemling business is the bill,reported by the gentleman from ern portion of tho city of Washiugton, and also a brief on the rigltt Louisiana (Mr. Morey) from the Committee on Public Lands, the of Congress to repeal the privileges aml franchises heretofore granted bill (S. No. 2) to repeal section 2303 of the Revised Statutes of the to the Baltimore and Potomac Railroatl Company and other. railroau United States, making restrictions in the disposition of the public companies having grants to enter South Washington ; and moved that lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and the same be ordered to be printed and recommitted. Florida, and for other purposes. The Clerk will report the bill. The motion was agreed to. The Clerk read as follows: BRIDGE ACROSS THE MISSOURI RIVER AT NEBRASKA CITY. Be it enacted, ti:c., That section 2'303 of the Revised SlAtntes of the United States, Mr. CROUNSE. I ask unanimous consent to report from the Com- confining the disposal of the public lands in the States of Alabama, Mississippi Louisiana, .Arkansas, and Florida to the provisions of the homestead law, be. and mittee on Commerce a short bill, which I desire to have put on its tho same is h ereby, repealed : Provided, That the repeal of said section shall not passage. I believe there will be uo objection to it. The report of ba.vo tho effect to ·impair the right, complete or inchoate, of any homestead set- tho committee is unanimous; and the measure has the approval of tler, and no lane\ oocn pied by such sett lcr a.t the time this act shall ta.ke effect shall tho War Department. bo subject to entry, pre-emption, or sale: A.nd provided, That tho public lands af. f cctcd by this act l'lball be offerecl at public salo, as soon as practicable, from time There being no ohj~ction, the bill (H. R. No. 3670) reported as a to tiwe, and according to the provisions of existing law, and shall not bosubjcct to substitute for House bill No. 175, authorizing the Nebraska City pl'ivate entry until they are so offered. Bridge Company to construct a ponton-railway bridge across the Mis- The amcnn, AlpheusS. Williams, WilliamB. Williams, Wilshire, in justice to those interested in this bill, I must respectfully decline to Benjamin Wilson, WoOdburn, and Woodworth-83. :vield the floor. So the bill was passed. • .Mr. TOWNSEND, of Pennsylvania. I should like the gentleman During the roll-call the following announcements were made: to yield to me for only five minutes. Mr. DURAND. My colleagues, 1\ir. A. S. WILLIAMs and Mr. CoN- lir. PAGE. Was it not the agreementwhen the bill wasnp before GER, are absent by order of the House. that the amendment of the gentleman from Indiana [Mr. HOLMAN] Mr. BRADLEY. l\Iy colleague, Mr. W. B. WILLIAMS, is absent on 'Jhould be accepted T important business. 1\Ir. WALLING. No, sir. Mr. DURHAM. On this bill I am paired with Mr. HUBBELL, of Mr. PAGE. Or at least that a vote should be taken upon itT Michigan. Mr. WALLING. No, sir; there was no agreement except that at The result of the vote wa-s then announced as above recorded. the close of the hour the discussion should be closed, and the vote The bill was ordered to be engrossed and read a third time; and taken on the bill without amendment. being engrossed, it was accordingly read the third time, and passed. 1\fr. KASSON. Was it not understood it should apply only to tim- .Mr. W ALLL~G moved to reconsider the vote by which the hill was ber lands! pru:~sed ; and also moved that the motion to reconsider be laid on the Mr. CLYMER. Is this unanimously reported from the Committee table. on Public Lands T The latter motion was agreed to. Mr. WALLING. It is, and under the order of that committee I LEAVE OF ABSE~CE FOR SPEAKER. now demand the previous question, having already formally with- drawn all pending amendments reported from the Committee on Pub- The SPEAKER. The Chair feels the necessity of asking the fur- lic Lands. · ther indulgence of the House. He asks that he may have leave of Mr. TOWNSEND, of Pennsylvania. Let me ask the gentleman a ah~ence for ten days, though he may not be absent for so long a time. question. Is there objection to this request 7 Mr. WALLING. I decline to be interrupted further. There was no objection. The SPEAKER pro tempore. The gentleman from Ohio, [Mr. W AL- APPOINTMENT OF SPEAKER PRO TE~IPORE. LING,] on behalf of the Committee on Public Lands, withdraws the The SPEAKER. The Chair, subject to the approval of the House-,. amendments reported by that committee, and demands the previons appoints the gentleman from New York [Mr. Cox] as Speaker during question on the third reading of the bill. his absence. Is there objection to thls appointment T 1\fr. SAYLER. I desire to say on behalf of the Committee on Pub- There was no objection, and Mr. Cox took the chair as Speaker lic Landa that there are three members of the Committee on Public pro tempo1·e. Lands who favor an amendment to this bill. MAILL'W OBSCENE BOOKS, ETC. On seconding the demand for the previous question there were- ayes 71, noes 49; no quorum voting. The SPEAKER pro tentpore. The calling of committees for reports Tellers were ordered; and Mr. WALLING and Mr. PAGE were ap- has now reached the Committee on the Post-Office and Post-Roads. pointed. Mr. CANNON, of Illinois, from the Committee on the Post-Office The House again divided; and the tellers reported-ayesl02, noes 56. and Post-Roads reported back, with the recommendation that it uo So the previous question wa.., seconed. pass, the hill (H. R. No. 2575) to amend sections 3893 and 3894 of the The SPEAKER pro tempO're. The question is, Shall the main ques- Revised Statutes, providing a penalty for mailing; obscene· books and tion be now ordered Y other matter., therein contained, and prohlbitfug· lottery-circulars Mr. DUNNELL. I desire to ask the gentleman who has charge of passing through the mails. this bill a question. 'Vill he permit any further debate upon itt The bill was read, as follows: Mr. WALLING. I cannot. It has beeiJ debated at great length. Be it enacted. etc., That section 3893 of the Revised Statutes slla.llbe-, and is hereby, Mr. TOWNSEND, of Pennsylvania. Will the gentleman from Ohio amended so as to read as follows : "Every obscene, lewtl, or lascivious book, pamphlet, picture :paper, print~ or allow an amendment to be offered for consideration f other publication of an indecent character, aud every article or thmg designed or 3656 CONG-RESSIONAL RECORD-HOUSE. JuNE 7, intended for the preventjon of conception or procuring of abortion, and every Mr. CANNON, of Illinois. I withdraw the request for the further article or thing intended or adapted for any indecent or immoral use, and every reading of the bill. written or printed card, circular. book, pamphlet, advertisement, or notice of any kin£1 giving information, dit'ectly or indirectly, where. or bow, or of whom, or by The 8PEAKER pro ternp01·e. The morning hour has expired, and what means, any of the hereinbefore-mentioned matters, articles. or things may be tile bill goes over. obtained or made, o.nd avery letter upon the enYelope of which, or postal card upon whlch, inclecrut, lewd, obscene. or la.'lciYiOJlS dclinrations, epithets, terms, or lan- ALASKA COMMERCIAL C0l-1PANY. gna~e may be Wlitten Ol' printed, are hereby lleclarcd to be non-mailable matter, and shall not be conveyed in t.he mails, nor delh·ereu from any post-office nor by :Mr. WOOD, of New York. The Committee of Ways and Means any lett-er-carrier; and any person who shall knowingly ueposit or can e to be de- have unanimously directed me to report back the following resolu- posited, for mailing or tlelivcry, anything dedared by thi!:l section to be non-mail- t.ion and ask its a_d option: able matter, and any pcr.·on who shall knowingly take the 81\me, or cause the same Whereas the Committee of Ways and Means, after a full and com]}lete investi- to be t-aken, from the mails, for the purpose of circulating or rlisposiug of, or of )!ation into the law and facta relating to the granting of the "lease to the Alaaka aiding in the circulation or dispo!iition of the same. shall be deeme(L guilty of a mjs- Commercial Company for the right to take fur-seals on the islands of Saint Paul demeanor, and ~hall for each and every offense be fined not less tha.n$100 nor more ancl Saint Geor~e, report that they find that the lease aforesaid was made in ac- than $5,000, or imprisoned at hard labor not less than one year nor more than ten cordance with tlle act approved July 1, 1870, aml has been compli&l with on the part year~ or both., at the discretion of the court.. " of the lessees, and is for the advantage of t-bo United States: Thoreforo, And all offense-a committotl under sajll ori•rinal section 3893 of the Revised Stat- Resolved, That in tho opinion of thlS House there is no just ground of complaint utes prior to the approval of tl.rls act may Ge prosecnte.l and puni!:lhed nnder the against the Alaska. Commercial Company or the officers of the Government who saitl oricinal section in the same manner and with tho same effect M if this aot had were intrusted under tho law with tho power to make and see to the performance not been passed. of thelea.~e aforesaid, and that it is entitled to tho enjoyment of the franchise so SEc. 2. Tbat section 3894 of the Revised Statutes be, and is hereby, amended by lonJ! as it faithfnll.v performs all the requirements and stipulations of the law and striking out the word ''illegal" in the fir!lt ljne of said section. contract under whlch it holds its rights and so long as the act shall remain in force. Mr. CANNON, of IlJinois. This bill is reported nmtuimonsly by the Committee on the Post-Office and Post-Roads. If pa-ssed it does not I will only state to the House that after four months of very patient materially change the two sections of tho Revised Statutes that are and thorough examination and investigation the · committe~ have proposed to l>e amended. Section 3893 of the Revised Statutes is per- unanimously agreed upon this report, ana I have been directed tore- fected by the bill so as to provide a complete penalty for the mailing port the resolntion back to the House and ask its adoption. I call of all kinds of matter therein prohil>ited to pass through the mails. for the previous question. The other section, section 3894, provides that "megal" lottery cir- The previous question was seconded and the main question ordered; culars shall not pass through the mails. In some States lotteries a.re and unller the operation thereof the resolution was agreed to. legalized, in others they aro prohibited, so that we h:we matters mail- Mr. WOOD, of New York, moved to reconsider t.he vote by which able in one State that are not mailable in another. The object of the the resolution was adopted; and also moved that the motion to re- amendment to t-hat section is to secure nniformity and prohibit lottery consider be laitl on the table. circulars of any kiud from passing through the mails. This bill, or 'l'he latter motion was agreed to. one substantially like it, was reported before, and, ou the suggestion WALLABOUT BAY, BROOKLYN. of various gentlemen and with the consent finally of the committee, it was recommitted anout Bay, in it uo placed npou it::; pn.ssage. I call tho previous question. the State of New York, to the city o.f Brooklyn, with amendments, The previous q ue~SI ion was seconded and the main question ordered; aull to ask its imme(Uate pass:tge. and under the operation t!Jereot the bill was ordered to be engrossed The bill and amendments were read. and read a third time; and being engrossed, it was accordingly read The SPEAKER pro tempor~. Is there objection to the considera- the thiru time, antl pnssed. tion of this bill now f .Mr. CANNON, of Illinois, movt!d to reconsicler the vote by which Mr. LANDERS, of Indiana. I object . the bill was pa&~ed; and al~So movetl that t.he motion to recolll3ider be The SPEAKER 11ro tempo1·e. Then the bill is not l>efore the House. laid on the table. Mr. WILLIS. I trust the gentleman from Indiana, [Mr. LANDERS,] The latter motion was agreed to. in view of the fact that I am willing to make any e~la.nation neces- sary to remove his doubt-Mregarding this matt-er, will withdraw his PO'T-ROADS. objection. Mr. CLARK, of Missouri, from the Committee on t.he Post-Office and Mr. THORNBURGH. Will the gent.lem:tn answer a question f Post-Roads, reportoll hack, with amendmen~, the l>ill (H. R. No. ~1628) Mr. WILLIS. I am ready to answer it. · estaulishing post-roads. Mr. THORNBURGH. Why is the Secretary of the Navy selected The Clerk proceeded to read the amendments. to dispose of pn l>lic ]and in~tead of the Secretary of the Interiorf :Mr. HOAR. These amendments relate to post-roads simply, I pre- Mr. WILL IS. I will answer the gentleman in regard to everything sumef in this bill. The SPEAKER pro tempore. The chairman of the committee in- Mr. THORNBURGH. I only wish that question answered. forms the Chair that there is nothing in the l>ill in the shape of leg- Mr. WILLIS. This land is in the heart of the city of Brooklyn, islation except in the establishment of po t-roatls. where there are 500,000 people, who without reference to party are Mr. HOAR. I presume it is not necessary to read them . I under- demanding that this land, which is covered by water and produces stand that these post-roads are put into a bill of this kind on the re- pestilence, disease, and death, shall be sold. The terms and provis- quest of any meml>er a-s a matter of course, and there is no necessity ions provirlee taken from it by a. motion. tion, which is, why the Secretary of the Navy, instead of the Secre- :Mr. CANNON, of lllinois. I will not call for the readjng of the tary of the Interior, is selected to dispose of public land! engrossed bill, but I ask that it be read in full on the third reading. Mr. WILLIS. The reason is-- ' 'l'he Cle1·k proceeded to read t-h e bill. Mr. HURLBlY.l'. I rise to a point of order. 1\ir. O'BRIEN. Is this a. third reading of the bill f The SPEAKER pro temp01·e. The gentleman will state his point of The SPEAKER p,.o iertllJore. It is. ortler. :Mr. WILSON, of Iowa. Has the call for the reading of the en- Mr. HURLBUT. :My point of order is that, the bill being objected grossed bill been withtlmwn f to, debate is out of orcler. The SPEAKER pro tempore . . It has. The Cllair nnderstands that The SPEAKER pro tempore. The bill is not before the Honse, ob- the object of the gentleman from Illinois is to exhaust the morning jection having been made. hour so a.~ t.o verify the bill. Mr. WILLIS. I think the objection will be withdrawn. Mr. CANNON, of Illinois. If l>y unanimous consent the morning Mr. LANDERS, of Indiana. I nuclerstand that this question is to hour can now be consiUered as closed, I am willing to dispense with be l>rou~ht back to Congress again-- the reading. The t;PE.AKER pro tempore. No debate is in order. The SPEAKER pro temp01·e. The Chair cannot ent~rtain such a Mr. LANDERS, of Indiana. And upon that understanding I with- motion dttrin•J' the morning hour. draw my ohjection. Mr. CANNON, of Illinois. Then I must ask for the reading of the Mr. OLJV ER. I renew it. bill. :Mr. WILLIS. I hflpe the gentleman will not renew it. This is a. The Clerk resumed the reading of the bill. bill of pul>lic uecessit.y . . 1876. CONGRESSIONAL RECORD-HOUSE. 3657 Mr. OLIVER. I insist npon my objection. 1\fr. MILLIKEN. I understand he is in the committee-room. Th~ SPEAKER pro tempm·e. The bill being objected to, it is not Mr. KASSON. After the gentleman from New York [~1r. LORD] before the House. has occupied the floor I presume there will be no objection to the SAMUEL B. NELSON. gentleman from Massachusetts proceeding, and meanw bile there will Mr. COCHRANE, by unanimous consent, introduced a bill (H. R. be opportunity to advise the gentleman from Maine. No. 3671) for the relief of Samuel B. Nelson; which was read a first Mr. TARBOX. Upon that suggestion I am very happy to yield for anu second tJme, referred to t.he Committee on Patents, and ordered the present. t,o be printed. EVIDENCE IN PACIFIC RAILROAD INVESTIGATIONS. PACIFIC RAILROAD. Mr. HUNTON. I ask my friend from New York [~1r. LoRD] to Mr. LAWRENCE. I ask that there be printed in the RECORD the yield to me a moment thai I may present a resolution for the printing bill which I send to the Clerk's desk. It bns been fully agreed upon of evidence. by the Committee on the Judiciary, and I a.ak that it be printed in the Mr. LORD. I yield for that purpose. . RECORD for information. It is a bill to provide a sinking fund for Mr. HUNTON, by unanimous consent, submitted the following res- the Pacific Railt·oad. olution; which was rea~, considered, a,nd agreed to: The SPEAKER pro tempore. The title of the bill will be read. Resolved, That the Committee on the J udiciar.v is authorized to print the evidenoo The Clerk read the title of the bill, as follows: taken before said committee umler the resolution offered by Hon. Mr. LUTTRELL, and untler the resolution offered by Hon. Mr. TABHOX. .A bill to amend the act entitled ".An act to amend an act entitled '.An act to aid in the construction of a. railroad and telegraph line from the Missouri River to the Subsequently, during the course of Mr. LoRD's speech, the follow- Pacific Ocean, and to secure to the Government the use of the same for postal, mili- ing occurred : tary, and other .purposes,' approved July 1, 1862," and other acts in relation to the Mr. BLAINE. The gentleman from New York kindly yields to me railroad compames therein mentioned. to enter a motion to reconsider the vote by which the resolntiOJJ. The SPEAKER pro t&m.pore. Is there objection to printing t.h is bill offered ~his morning by the gentleman from Virginia [~1r. HUNTON'] in full in the RECORD T in regard to printing certain testimony was adopted. I only enter Mr. HURLBUT. I object. · that motion now. I will expl!l.in the rea..'iOn for it afterward. Mr. KASSON. Has not the bill already been printed f The SPEAKER pro temp(Yre. The motion to reconsider is entered. Mr. LAWRENCE. Several amendments have been made to the Mr. LORD. I yield for the introduction of several bills. bill. I ask that it be printed as a separate bill and recommitted. SMYTH COUNTY, VIRGINIA. There being no objection, the bill (H. R. No. 3672) was received, read a first and second time, ordered to be printed, and recommitted Mr. TERRY, by unanimous consent, introduced a bill (H. R. No. to the Committee on the Judiciary. 3673) for the relief of Smyth County, Virginia; which was read a ORDER OF BUSINES~. first and second time, referred to the Committee of Claims, and or- dered to be printed: Mr. DURHAM. I object to any further busine.ss that will be in ERASTUS T. BUSSELL. the way of my calling up House bill No. 2284, which is the oldest Mr. LANDERS, of Indiana, by unanimous consent, introduced a bill S})ecial orrler now on the Calemlar. (H. R. No. 3674) to enable Erastus T. Bussell, of Indianapolis, Indiana, Mr. LORD. I propose to call up a special order, being the bill for to make application to the Comissio.ner of Patents for an extension of the dist.rilmtion of the unappropriated moneys of the Geneva award. letters-patent for a" combined rubber and spiral steel spring;" which The SPEAKER pro tempore. The gentleman from New York [Mr. wa-s read a first and second time, referred to the Committee on Pat- LORD] and the gentleman from Kentucky (Mr. DuRHAM] rise to call ents, and ordered to be printed. up each a special order. Mr. LORD. The Geneva award bill was made a special order for CONGRESSIONAL DOCUMENTS FOR THE ARMY. Monday last at two o'clock. Mr. BANNING, by unanimous consent, introduced a bill (H. R. No. Mr. DURHAM. The bill (H. R. No. 2'284) to amend section 2324 of 3675) to provide military headquarters and posts with copies of all the Revised Statutes concerning mineral lands is the oldest special publications made by authority of Congress; which \vas read a first · order now upon the Calendar, having been made the special order for and second time, referred to the Committee on Military Affairs, and the 9th of March last. I am Slll'e it will not take ten minutes to pass ordered to be printed. th~ bill. . DISTRIBUTION OF GENEVA AWARD. The SPEAKER pro tempore. The Chair will submit the question to the Honse, and let the Honse determine between the motions of The House, according to order, proceeded to the consideration of the gentlemen. the bill (H. R. No. 2685) for the distribution of the unappropriated Mr. DURHAM. I am perfectly willing to yield to the gentleman moneys of the Geneva award. · from New York [Mr. LORD] if I may have the assurance that my bill Mr. LORD. I ask that the bill, with the amendments reported by will be taken np after his bill has been disposed of. the Committee on the Judiciary, be read: The SPEAKER pro tempore. The Chair would state that the earlier The bill was read, as follows : S"J)ecial order is the one referred to by the gentleman from Kentucky, Be it enacted, tic., That it shall be the duty of the court of commissioners of .Ala- bama claims, in the mode and subject to ail the conditions, limitations, and pro- (Mr. DURHAM.] visions of chapter 459 of the laws of the Forty-third Congress, except as changed Mr. DURHAM. I will yield to thegentlemanfrom NewYork [Mr. or modified by this :wt, to receive and examine the claims mentioned in section 2 LoRD] at t.his .time, as his bill seems to be of more gtmeral interest of this ad, and to enter judgment for the amounts allowed therefor in three classes. thau mine. Afterward I will call up my bill. SEc. 2. That the first class shall be for claims directly resulting from damage done on the high seas by confederate cruisers durin~ the late rebellion, inolmling Mr. BANNING. There is an older special order, or at all events a vessels and cargoes attacked on the high seas or pursued therefrom, although de- more importa,nt one, than that of the gentleman from Kentucky, [Mr. stroyed within four miles of the shore, except as provided for in section 11 of said DuRHAM)-that is, the bill to equalize the bounties of soldiers-which chapter 459. The second class shall be for claims for the Y.ayment of premiums for I shall insist upon after the Geneva award bill has been disposed of. war risks, whether :{laid to corporations, agents, or indiVIduals, after the sailing of any confederate crwser. .The third class shall be for claims for sums actually ,Paid Mr. DURHAM. All right; we will try our strength on our bills. for insured property destroyed on the high seas by such confederate crrusers The SPEAKER pro tempore. The question is upon the motion of except claims for which judgments have been entered under section 12 of said the ~entleman from New York [Mr. LORD] to proceed to the consid- chapter. eratiOn of the Geneva award bill. SEc. 3. That in examining claims in the second class it shall be the duty of the conrt to deduct any su~ in any way received by or repaid to the claimant, dimin- PERSONAL EXPLANATION. ishin~ the amount paid for any such premium, so that the actual loss of the claimant Mr. TARBOX. I l'ise to a question of "Privilege. only shall be allowed ; and no claimant in the second class who has been paid snch loss shall be entit.l ed to receive from any insurance company recovering in the thil·d Mr. KASSON. Is it a question of privilege! class any further sum on account of such loss. The SPEAKER p1·o tempore. The gentleman will state it. SEc. 4. That the judgments renclered by said conrt under this act shall be paid by 1\fr. TARBOX. It is a personal explanation. the Secretary of the Treasury out of the sum of money paid to the United States Mr. LORD. How long will the gentleman take for his explana- pursuant to article 7 of the treaty of Washington, and accruing therefrom, not ap- propriated to claims provable under the pa'Ovisions of said chapter 459 and the act tion! . extending the time for the filing of claims thereunder. Mr. TARBOX. Not more than fifteen minnt.es. SEc. 5. That judgments entered in the first class shall be paid before judgments The SPEAKER pro tempore. The gentleman from Massachusetts of the second cla..'!8 are paid and judgment.s of the second cla.ss shall be paid before [Mr. TARBOX] will proceed. judgments of the third class are paid. If the sum of money so unapprol'riated shall be insufficient to pay the judgments of the first class, they shall be pa1d accordi'lg Mr. TARBO;K. When on Monday last the gentleman from Maine to the proportions which they severally bear to the whole ammmt of such unap~ro­ [Mr. BLAINE] occupied the floor in a personal explanation-- priated sum. If such snm shall be sufficient to pay the judgments of the first Mr. KASSON. Before the gentleman proceeds, I would inquire class and not sufficient to pay the judgments of the second class, the latter judg- whether the gent.leman from Maine is on the floor; and, if not, I ments shall be paid according to the proportions which they severally bear to the residue of such unappropriated sum. If such sum shall be sufficient to pay the would suggest whether it would not be more delicato for the gentle- judgments of t.h e first and second classes and not sufficient to pay the jud~enta man from Massachusetts [Mr. TARBOX] to postpone his personal ex- of t.h e third class, they shall be paid according to the pt'Oportions which they sev- planation in order to enable the gentleman from Maine to be present. erally bear to the residue of such unappropri'ated sum after the payment of the judgments of the first and second -classes. .Mr. TARBOX. In response to the gentleman from Iowa [Mr. KAs- SEc. 6. That in other respects the said judgments shall be reported and paid in SON] I will say t.hat I should be very happy t.o have the presence of the mode provided for the payment of judgments by sairl chapter 459 and the act the gentleman from .Maine when I ma,y occupy the floor in an ex- providing for the payment of jud!{ID.ents rendered and to be t·endered thereunder. planation touching a matter in which lle is concerned, providerl I can SEC. 7. That all claims filed or that may hereafter be filed in saicl court in the name of one or more claimants, rclatin"' to a vessel in which ot.h er claimants are have some assurance when that gentleman's presence may be ex- interested, shall be deemed and held to 'be le~aHyfiled the same as if all the parties pected. in interest had joined in the filing of the petition. 3658 CONGRESSIONAL RECORD-HOUSK JUNE 7, The amendments reported by the Judiciary Committee were read .have the attention of the House, I will demonstrate to it, I think, as follows: beyond all question. In this regard the majority report does not At the end of the first section add the following: · differ from one of the minority reports. The minority report, mn.do by Such claims to be filed with the clerk of said court within six months from the Mr. LAWRENCE, of dhio, is predicated on the theory that this award passao-e of this act; and said court is hereby continued until July 22, A. D. 1 77. was wholly and absolutely in favor of the United States, and the Ins~rt after the words " vessels and cargoes attacked," in the third line of the United States the sole owner n.nd custodian of the money awarded. second section, the words "or taken." The Clarendon-Johnson treaty was rejected under the inspiration Mr. LORD. I yield to the gentleman from Kentucky, [Mr. KNoTT,] of Senator Sumner, notably because it was bn.sed upon the vicious that he may offer a substitute. principle of former treaties made with Great Britain, France, and Mr. KNOTT. As a substitute for the bill which has just been read, Spain, which provided for payment directly to individuals, thereby I offer the measure reported by the minority of the committee. failing to recognize the true principle upon which all claims a.o-ainst The Clerk read as follows: a foreign cmmtry for the destruction of property should be based. A bill to amend the act entitled "An act for the creation of a court for the acljudi- 1\Ir. Sumner denounced the Clarendon-Johnson treaty "as a bundle cation and disposition of certain moneys received into the Treasury under an award made by the tribunal of arbitration constitutecl by virtue of the first arti- of private claims," and asserted the principle whiph it is believed cle of the treaty concluded at Wasbin,e:ton the 8th day of May, A. D. 1871, be- will be recognized in all future treaties, that if a nation has lost a tween the United States of America and the Queen of Great Britain," approved port.ion of its t.a xable property by reason of the unwarranted acts of June23, 1874. another nation, the claim for damages should be made and recovered Be it enacted by the Senate a.nd House of Representatives of tM United States of A mer- by t-he nation, and whenrecovered the amount should be distributed ica in Congress assembled) That so much of the twelfth section of the said act a.s pro- vides that " no claim shall be admissible or allowed by tho court by or in behalf of to the actual sufferers, subject, of course, as a matt-er of law to .the any insurance company or insurer, either in its or his own right, or as assignee or right of taxation. . otherwise in the right of a person or part;y insured, unless sucli claimant shall show The treaty of Washington was the result of a claim on the part of to the satisfaction of said court that during the late rebellion the snm of its or his losses in respect to its or his war-risks exceeded the sum of its or his premiums or the United States that Great Britain by its unwarranted recognition other gains upon or in respect to such war-risks; and, in case of any such allowance, of belligerent rights in favor of the seceded States and allowing its the same shall not ue greater than such excess of loss," be, and the same is hereby, citizens t.o aid the cruisers, which, but for such recognition, would .repealed. not have been on the sea, caused great injury to the material intere,.sts SEc. 2. That any claimant excluded by the provision hereby repealed shall have the like period of time within which to present, file, ami prove its or his claim after of this nation; and it was proposed that the commission which framed the P.assage of this amendment as. he could have h~ after the passage of tho said the treaty "should agree upon a sum to be paid by Great Britain to act If not so excluded. A..nd the time of the durat10n of the court created by the the United States in satisfa-ction of all the claim.s." (See papers re- said act and its powers are hereby extended for a period sufficient to enable it to lating to the t-reaty of Washington, volume 1, pages 9 and 10.) hear and dispose of such additional claims and tho claims already referred to it; Instead of following this suggestion, but in ha.rmony therewith, the which period shall not exceed one year from the e:xpirJ.tion of the time for filing claims under this section. . treaty of Washington w~ made, which contained the following arti- Mr. LORD. I now yield to the gentleman from Ohio [Mr. LAw- cles. RENCE] to offer a substitute. Now, t,Q these articles I ask the attention of the House to show how Mr. LAWRENCE. I desire in the first place to offer some amend- clearly the proposition is demonstrated that this is the money of the ments to the original bill. ' nation, received by the nation, to be distributed accordi11g to ita sense Mr. LORD. I have not yielded for that purpose, but only for the of justice and according to actual merit: offering of a substitute. At the proper time I will yield for amend- ARTICLE L ments to the original bill, but not now. It is only fair that the prin- Whereas differences have arisen between the Government of the United States cipal quest,ion should be first discusse(l. and the go>ernment of Her Britannic MajP.sty, and still exist, growing out of the Mr. LAWRENCE. I thought it better to offer all the propositions acts committed by the several vessels which have given rise to the claims generic- ally known as the "Alabama claims;" now. * * * * * * * Mr. LORD. No, sir, I object. I have only yielded for the purpose Now, in order to remove and adjust all complaints and claims on tho part of the of allowing a substitute to be offered. United States, and to provide for the speedy settlement of such claims, which are ~!r. LAWRENCE. I understood when the committee acted on this not admitted by Her Britannic Majesty's government, the high contracting parties agree that all the said claims, growing out of acts committed by the aforesaid t•essels matter that t he arrangement was otherwise; but I will offer the fol- and generically known as the "Alabama claims," shall be rejdrred to a tribunal of arbi- lowing substitute: · tration. · That all bonds of the United States in which tho money awarded to the United And it is important that the House should rememl>er that the word States by the tribunal of arbitration at Geneva bas been invested, after paying all "Alabama" was used generically and typically, ( anrl in regard to this charges thereon and judgments as determined by the court of commissioners of Alabama claims under eXIsting law, shall be canceled by the Secretary of State I presume there will be no dispute,) to cover all the losses occasioned ancl the Secretary of the Trea-sury; and all money, if any, arising froiP said award by the confederate cruisers on the high seas. or from bonds in which it has been invested shall be covered into the Treasury. From the foregoing art-icle it will be seen that in the most compre- Mr. LORD. I now move to recommit the bill and several amend- hensive words the treaty of Washington provides for the reference of ments, in order that the de bate may proceed with that motion pend- to such tribunal of all claims growing out of "the several vessels" which found a place upon the "high seas" under cover of the recog- in~he SPEAKER pro tempore. The motion will be entered. llition by Great Britain of belligerent rights in the Confederate States. Mr. LORD. Mr. Speaker, as near as can be estimated there re- The claims and vessels are described in the argument of the counsel mains unappropriated of t.he moneys paid under article 7 of the treaty of the United States before the tribunal as "losses growing out. of of ·w ashington over $10,000,000. the acts of crui&ers of the confederates designated by the typical name PROPOSITIONS TO BE SUSTA.INED. of the Alabama:'' (Volume 3 of papers relating to the treaty of Wash- First. The a·ward made in pursuance of such treaty was in favor of ington, page 209.) And it appears by the award of the arbitrators the United States as a nation against Great Britain as a nation, ab- that claims were presented for losses occasioned by a large number solutely free from any trust or legal claim, to be distributed by the of such cruisers. former according to its sense of justice. Therefore the last Congress I now call attention to the second article of the treaty : had the power to legislate as it did in favor of aetual sufferers, and with ARTICl-E II this exercise of it-s discretion this Congress ought not to interfere. The arbitrators shall meet at Geneva, in Switzerland, at the earliest convenient Second. The claim made by the underwriters that section 12 of day after they Rhall have been named, an«l shall proceecl impartially and carefully chapter459of the laws of theForty-thirdCongressshould be repealed of to examine anrl decide all questions that shall be laid uefore them on the part the government.s of the United States and Her Britannic Majesty, respocti>ol~. rests on no legal, equitable, or meritorious basis. Those who make All que tions considered by the tribunal, including the final award, shall be decided this demand have been paid, in fact overpaid several millions of dol- by a majority of all the arbitrators. lars. This sum they should not divert from those who paiU. t.hem. Ea-ch of the high contracting parties shall also name one person to attend the Third. Those who lost property on the high seas, and those who tribunal as its agent, to represent it generally in all matters connected with the arbitration. were compelled to pay war premiums by reason of the confederate ARTICLE VIL cruisers should be paid from such unappropriated sum to the extent • • of their actual losses. The said tribunalshallfirstdetermine as to each vesselseparatelywhetberGreat Fourth. If any interlocutory decision of the tribunal of arbitra- Britain has, by any act or omission, failed to fulfill any of tho duties set forth in tion, organized under the treaty of Washington, appears to be in con- inconsistent the foregoing three rules, or recognized by the principles of international law not with such rule.~. antl shall certify such "fact as to each of the said vos . flict with the foregoing positions, although the award is binding as sels. In case the trihunal find that Great Britain has failed to fulfill any duty or between the nations, such decision is in no nmnuer binding ou the duties as aforesaid, it may. if it think proper, proceed to award a sum ill gross to United States, in regard to its own citizens, jo1' the clain~s for all prop- be paid by Great Britain to the United Stares for all the claims referred to it; and ertg destroyed by such cmisers are toithin the protisions of the treaty a-ud Great in such case the gross sum so awarded shall be paid in coin by t-ho government of Britain to the Government of the United States, at Washington, \Vithin 'are satisfied thereby. Neither the claims for war premiums nor for in- twelve months aft·-r the tlato of the award. surance could have been added to the award without allowing a The award shall be in duplicate, ono copy whereof shall be deliveretl to tbe a~ent double claim. of the United States for his Government, and the other copy shall be delivereu to Fifth. The residue after the payment of such actual losses should the agent of Great Britain for his government. be paid a-s a secondary loss td insurers excluded by section 12 of said Thus by the express terms of the treaty the snm in gross was to be chapter: paiu for all the claim~ 1'efen·ed to the t1·ibunal. L:._THE A.WARD WAS TO THE lThTIED STATES AS A NATION. ARTICLE VIII. I now proceed, Mr. Speaker, to discuss the first proposition, that Each Government shall pay its own a;;ent and provide for the proper remunem- this award was to the United States as a nation; aD(l this, if I can tion of the counsel employed by it and of the arbitra.tor appointed by it, and for the 1876. CONGRESSIONAL RECORD-HOUSE. . 3659 expense of preparing and submitting ita case to the tribunal. All other e;xpenses already appeared, is an error; either tribunal would only examine connected with tll.e arbitration a.hall be defrayed by the two·governmont.a m equal individual claims as evidence. It also states that- moieties. • ARTICLE XI. It was not necessary, if indeed it would not have b~en indelicat~. to insert a stip- The hlrrh contracting parties engage to consider the result of the proceedings of ulation as in the treaty that the United States should f:uthfnlly adnumster such sum might be aw:u·ded to them in gross in accordance with the judgment of the the tribunal of arbitration and of the board of asseasors, should such board be ap- tribunal. pointed, as a full, perfe::t, and final settlcm;e-nt of all the claims Mreinbefore referred to · and further engage that every such claun., 1ohether the sa1n.em.ay or may not have Why indelicate to bind a nation more than the indiyjdnals com- be~n preRented to the notice o.f, made, preferred, or lai4 before the tribunal or board, posing it f Why indelicate to bind this nation mo1·e than the representa- 8hull, from and ojter the conclusion of the proceedings o.f the ~ibun~l ~-r board, be con- tives of the th1·ee nalious contpmJing the "board of assesB01'B 1" sidered and trP.ated as finally settled, barred, and thenceforth tnadmub'tble. The reasoning of the minority is very far from being sufficient to . The award of the tribunal is in entire harmony with thls proyjsion reve1·se the axiom, Expressio unius est exclusio alterius. But it is a suf-- of the treaty of W m~hington. fi.cient answer to the speculations of the minority report to say that Therefore all claims growing out of the acts of the confederate a "gross sum" was awarded and the "board" was not appointed. cruisers on the high seas, generically or typically known by the And it must be remembered that had this board of assessors been ap- name of the Alabama, whether presented or not to the tribunal or pointed every proceeding as to the award would have been the same whether allowed or . The President desires to have the subject discussed as one between the two gov- * * * In the discussion of t.his question and in the treatment of the as t.o aU the claims so satisfied, or to such of th~m us should prove to entire case, you will be careful not to commit the Government as to the disposition be the most. meritorious. of what may b~ awarded. * * * The Government wishes to hold itself free to From these provisions it appears that, in all its parts, the treaty of decide as to the right.<> and claims of insurers upon the tel'lllination of the case. If Washington was made for and between t.he two governments. They Government, the value of the property captured or destroyed be recovered in the name of the the distribution of the amount recovered will be made by this Gov· alone were to conduct tlle proceedings and to bear the expense. The ernment, without comroittalaa to the mode of distribution. , claims to be oatisfied were "all the claims," 1ohethm· or not presented to or allowed or di.Ballowed by the t1·ibttnal of a.1·bitration. The rules in· We also quote the view of Great Britain; (See Foreign Relations of corporated were to bind the governments the same as "the duties the United States, part 1, page 377 :) (theretofore) recognized by the principles of international law." Mr. Gladstono, then prime minister, said: This international treaty recognized no individual right, but, as be- persons "It appears to be implieti that the government submitted the claims of certain not subjects of Her Majesty to arbitration. fore suggest.ed, repudiated the long-established lleresy by which the "This is alt()get.ber a mistake. No claims of individuals have been submitted ro citizens of one nation, through commissions, could prove claims di- arbitrntion in relation to the Alabama. rectly aO'ainst another nation, thus involving practices often discred- "What was submitted to arbitration waa entirely a question between the two itable a~d tending to bring the nation the claimants represented into government.<>." disrepute. Both the dignity and interest of the nation, as well as Now I ask the attention of this House to the decision of the court its superior power to do justice, uphold the principles un shall be made in dU}Jlicate, and one copy thereof shall be The court of commissioners of .Alabama claims was, by the act of the 23d of delivered to the Secretary of State of the United States, and one copy thereof to the ;rone, l874, constituted a court, not in form merely, but in every essential attribute representative of Her Britannic MaJesty at Washington. of o. court. * • * Its j UTisiliction is certainly liroi ted to a. particular class of sub- All sums of money which may be awanled unrler thls article shall be payable at jects, but withln the range of its jurisdiction ita power to hear, to decide, and to Washlngt()n in coin within twelve months after the delivery of each report. enter jud~ment is a.s complete as could be claimed for any coUTt of the most en- Thus, whether before the trihnual or the board, the two govern- larged jurisdiction. ments were t.be partiel'l, and the award was to be paid to the United In Williams vs. The United States, pages 2 and 3, the court say: States, without limitation, to be «listrilmte, as ha.s .ment of all the claims comprehemlell in the terms of the treaty. * • * 3660 CONGRESSIONAL RECORD-HOUSE. JUNE 7, It is clear the QQvernment had the right to prescrib('. the terms on which claim- by the exculpated cruisers should not be paid, n,nd the judgments anti'! shouM present tbrir claims. They were not strong enough to compel payment should be modified accordingly. Th~refore it a'Ppears that both jnH·· of the money uy Great BritaJn, and when this Government obtaine{l it the claimants harl no legal right to it except that which this Government, by its own acts, chose tice and policy combine. rn· requiring this Congress to uphold the to accord. action of the last Congress in relation to the money paid to this Gov- Raynor, Justice, in Hubbell vs. The United States, page 3, says: ernment under the Geneva award. Nothing can be found in those proceedings to limit or control good faith on the As its moue of dist1·ibution was" within the power of the Congress," part of our Government in making such allowance to claimants before us as in their this Congress ought not to disturb it. Any other rule, particularly as JUd~ent and discretion Congress mi~;ht think proper. In fact, the very able com- relating to the distribution of money, would, as in this case, lead to mittee to whom the British board of rrade referred the investigation of the points great confusion. Questions resting in discretion, after having been at issue say in their report: decided by acompeteuttribunal, arenotafterwardreviewable, whether "The proper compensation for the losses occasioned by the cruisers is the ques- tion we have to oxamiDe, but wif.h the mode of distributing that among the various in legal or legislative forums. claimants the American QQvernment alone is concerned." ll.-TBE CLADI OF THE ID\DERWRITBRS. And the position taken by the Board of Trade of Great Britain is The underwriters assume that they have a. specific interest in this thus indorsed by the court of coilliilissioners of Alabama claims. fund :md that the award would have been less to the extent of the In the recent case of Rhind vs. The United States, in which the amount of their claims had the tribunal of arbitration taken the same point was distinctly before it, the court say: view of their rights as did the last Congress. The award was made in favor of the Government and not in favor of th('. claim- As has been seen, the insurance companies are put by tho act of the ants. The Government thus vindicated the national honor, but it did not assume la.st Congress, not only upon the same footing with other claimants, to pay any particular class of claimants nor any particular claim. Having obtained the money by its own act and at its own cost, it had therighttoprcscribetheterms but are preferred to them, and allowed to prove losses outside of those on which'tbe distribution should be made. occasioned by the inculpated cruisers, including war premiums paid The.clistingoished counsel of the United States, William M. Evarts, by way of re-insurance. Caleb Cushing, andMorrisonR. Waite,nowChief Justice, stated-see But it is a great error to claim that the Geneva· award would have volume 3, page 16, of the papers relating to the treaty of Washington : been any Jess if the underwriters hacl stated that they bad mado That these claims were all preferred by the United States as a. nation againRt profits amounting to millions of dollars by reason of such cruisers be- :Britain as a nation. ing on the sea, and had such tribunal held that they were not enti- It .is evident that Great Britain did not become liable to any citizen tled to receive anything more. of the United States for any loss sustained by him by reason of such lt will not be disputed but that the basis of the Geneva award was cruisers. Neither could such citizen make any legal claim therefor the value of the vessels and cargoes destroyed by tho confederate upon his own Government. The wrongs done by Great Brit.ain to cruisers inculpated by the tribunal of arbitration. Claims for in- the United States were treated throughout as -a national claim. The surance were predicated on the value of the vessels or cargoes in- moneys pn.id therefor were paid."by the government of Great Britnin sured; so in either case, whether the owners or the insurers made the to the Government of the United States," and "the United States" is claim, the awa.rcl as to value would be the same. This seem~ to be made the respondent upon the prosecution of any claim before the conceded hy the distil~~ished gentleman from New York. The un- court organized by the act of Congress. derwriters presented tlleir claims; the war-premium claimants pre- From t.he foregoing it follows that the Forty-third Congress had sented their claims, in pursuance of t.he invitation of the Govern- the power to emwt chapter 459 of the laws of that session. ment. One or both of them may have been an aid iu estimat,ing the It should be stat.ed also that "a treaty may supersede a prior act of value of the \easels and cargoes, but the Recessary office of the tri- Congress and an act of Congress may supersede a prior treaty." (Fos- bunal was to ascertain the value of the property de-stroyed, leavin,.,. ter vs. Neilson, 2 Peters, page 314; The Cherqkee Tobacco, 11 Wallace, the United States to ascertain the actual sufferers; in other words~ page 621; Taylor vs. Moden, 2 Curtis, page 454.) Bot we choose to to trace the losses to their respective sources. rest the power on the higher ground that the nation recovered tile Now, if the House please, the doctrine of subrogation is the founda- money in question as a nation, for so much of its taxable property de- tion-stone upon which the ins01·ers have finally rested in regard to stroyed, to distribute it" according to its sense of justice" to actual their claims. They have talked something about a trust. But this sufferers by reason of the presence and ravages of the confederate idea of a trust cannot exist in the light of the fact that this money cruisers. was recovered by the nation. The underwriters have bllen back, The tribunal of arbitration was first to determine whether Great therefore, upon the right of subrogation. They say that had the Britain had by any act or omission failed to fulfill certain duties to Geneva tribunal taken the same view of their claims as did the last show a reasonable foundation for awardiug to the United States a Congress, the award would have been so much the less. We say that "gross sum" or organizing a board of assessors. inasmuch as the award was necessarily made from evidence of tho The determination of the tribunal as to liability was but interlocu- value of the cargoes and vessels destroyed, it made no difference tory so far as the government a'n d its constituent parts are con- whether an insurance company had ever been beard of or not. AU cerned. It could in no manner, I repeat, control the United State~:~, they ha£1 to furnish was evidence. Not one dollar of their claims en- because, by the express terms of the treaty, the sum awarded was to tered into the award. Not one dollar of their claims could have gone he "a full, perfect, and final settlement of all the claims thereinbe- into the award, nor one dollar of the war premiums, without allow- fore referred to," namely, "All the • * * claims growing out of ing a double claim. Therefore, if the value of the property destroyed the aet.s committed by the several vessels which have given rise to was $15,000,000, and if the war-premium men had paid $8,000,000, the claims generically known as the Alabama claims." and the insurance men ~,000,000, to have allowed n.U these c1ai.ms In no way was it referred to the tribunal of arbitration to settle would have been to nearly double the amount. To have allowed the questions between the individual citizens of the United States, and war-premium claims would have added abont $8,000,000; to have al- the nation reserved to itself the supreme right to do justice. lowed the insurance claims would have added over $5,000,000 more, While the Forty-third Congress by section 15 of said act provided and increased the claim from $15,000,000 to 28,000,000. for ..a further distribut.i on ':in payment of other claims," should there The agent of the United States, J. Bancroft Davis, (volume 4, pages be a residue, yot it is evident that it supposed that the actual losses 7 and 8 of the papers relating to such treaty,) says: it provided for would exhaust the amount of the award. We devoted our energies toward securing such a sum as should be practically an Now I wish to call the attention of the House t·o tho r•osition in indemnity to the su.ffere·rs. Whetllcr we have or have not boon successful can be which this matter would be left if we overruled the action of the determined only by the final division of the sum. last Congress in doing what it did in furtherance of justice. Had such The insurance companies who seek the repeal of section 12 are not supposition proved to be true, the recognition of the present claim in fact sn.iferers. If they were, as has been seen, they have their of the underwriters ·would I:esolt in setting aside all the jud~ments remedy and a wider range for damages than other claimants. The rendered by the court of commissioners of Alabama claims; 1f paid, claim to subrogation is always a legal claim. such companies could properly claim the amount due them from the The underwriters, therefore, most place the. right to be subrogat~ on United States. a legal ba.'!is. Their claim under the right of subroua.tion is as founda- The rule of damages asserted in section 12 is not only in con- tionless as the assumption that the Geneva award would have been flict with such claim, but the act in question ueparted from the con- less but for their dema.uds, or that the money is held for them in trust. cluaions of the tribunal of arbitration, as construed by the under- First. Subrogation exists in favor of an insurer who has paid a loss writers, in several other particulars: on the policy of insurance " to all actions against the person by w bo e First. By directing that the difference in valne between the amount negligence or wrong the loss was caused." (Dixon ou Insurance, page of insurance and the vessel destroyed should be paid to the owner 151.) of the vessel. Second. Subrogation must therefore be based on a legal claim which Second. In allowing an insurance company, under section 12, to the.insured could have enforced. The stream can rise no higher thau include all its losses hy both the inculpate. the sufferer for what he lost. The inducements for such contract woulU 10 law be vmu, upon the famthar prmc1 ple that one natio?. to_g:~ve to the mtizcna of another this bounty are matters of liberality a man cannot assign that to which he has no legal claim, certainly and conmliat10n, b?t. not of strict legal ri.ght. • . •. • . . not that to which he could never have a }eO'al claim. At common AI! pers<.ms recei-yrng benefit under thls comm1s~1on succeed not m ~u~of any . o . . cons1demtwn movmg from them, but by an article of a treaty whwh g1ves as law the conveyance of a mere nght of expectancy IS void. (Tooley bounty from this nation to American citizens a. compensation for'losses. tJB. Dibble, 2 Hill, 641.) If h' b th 1 h th · · · A power to seize future a.cquired property does not operate even in . t IS e e aw w en e treaty treats With ~he citizen ?f a for- equity as an assignment thereof. (Reeve vB. Whitmore, 9 Jurist, new e~gn state, how much stronger ~he rul~ when nat10n deals With a na- series, pa(J'e 1214.) twn. Bnt of course, wbe~ th_e rnsurer ts.the actual sufferer, he should Adeeu does not convey property which diU not belong to the grantor be protected. under the prmCiple for.w~ICh.we co~tend. So f~r, and at the.timeof tile execution. (Dunn t'B. Thompson, 1 Common Bench, so far only, dldWebster-orGreat Bntam-rntendm the cases cited hy page 379.) the honorable member, [Mr. WARD.] A cause of action, a.g before admitted, may be anticipated, by the COn- lV.-THE CLAmS 0~' 'l'HOSE WHO LOST PROPERTY BY THE CONFEDERATE CRUISERS tract of in1-1urance. If an insured vessel is rnn down by another ves- AND oF THOSE wno PAID WAR PREMimrs. sel under circumstances making the owner of the latter legally liable It may be hard to distinguish between the claims of those who had to the former, the docrine of su broga.tion would aid the insurer, but property destroyed on the high seas by the so-called exculpated cruis- only because of such legal right. Assume that the destroyed vessel er-s and those who lost by being compelled to pa.y war premiums by ·was at fault and the generous and wealthy owner of the surviving reason of the existence of such cruisers. Practically the question vessel, of his own grace, had inuemnified the loser, could the n111ler- need not be settled. The proposell bill puts in the £rst class the own- writer claim the moueyf ers of sucli ve~els, a,nd persons who had property destroyed therein. If the underwriter could not claim the money in the precise case Some q_nestions are raised in regard to those who paid war premi- supposed, where the vessel run down was at ·fault, how would it be urns which I propose now to consider. The principal objection (ancl in the case where a generous owner whose vessel had inadvertently to this I call tho particular attention of the House) made to paying destroyed the other shoul.<.l say, '' Sn·, I will protect you ; you have the losses they sustained is that the tribunal of arbitration held the not come out of what proved almost to be a watery grave, charging claims for such "i~creased insurance" indirect, and our GQvernment upon me.the fault. But admit that it is your own fault. I am rich anu cousenteu to their withdrawal from the consideration of the tribunal. you are poor; therefore I will give you $5,000 to indemnify you." The term indirect was introduced by the counsel for Great Britain.' ·wm any lawyer in this House, will those who presented the minority It is not necessary to ascertain or discuss its precise significance. If report, claim that under such circumstances there was such a legal a right conclusion was made, it makes no difference if a wrong reason claim that the insurance company could claim the right of subrogation t were given. Therefore, in the case before the Congress, there is not even the After performing the yreliminary duty of ascertaining whether shadow of a legal right for the insurers, who have been more than Great Britain had failed to perform certain duties, the tribunal, be- paid, to take the money in question from those who have paid them. fore it could award a" sum in gross," bad to ascertain the amount of The remotest possible semblance to subrogation they would create the dama.ge done by" each vessel" inculpated. All other claims hatl iuto a devouring Moloch, to constune the money which should go to been withdrawn or excluded except the claim for the destruction of their benefactors, to those who paid.them at lea-st two or three mill- vessels a11d their cargoes, the value of which the tribunal proceeded ions of dollars more than they paid out, as appears from the follow- to ascertain. . ing table. The valuations made by the British and American cases differed We have not the precise evidence how much the insurers made; very largely. From all the statements before it the tribunal came to I mean those insurers who caunot prove their claims under the act the conclusion that the value of the vessels and cargoes so de troyed of last Congress, which I beg the House to remember they have the amounted to 15,500,000. Nothins-could beallowed for sumspaidfor rigut to do if they lost anything. But we can approximate to it. warprcmiums,notbingforsumspaiubyinsnrers,because,ineithercase, Here is the table: it would have been to allow a double claim. But by a-scertaining the Claims for war f.remiums filed with Secretary of State. ___ ......... $6,141l, 219 71 value of the property destroyed absolute justice coulc.l be attainec.l. Claims not filet, estimated lly insurers from $3,oco,ooo to 14,000,000, If the owner had been paid by the insmer, as against the owner, the say ............................. , ................................. _2,_ooo_,oo_o 00 insurer would be entitled to the money. If the insurer had been paid · · 8, 146, 219 71 by war premiums, those who paid them as against the insurer would Paid out by insurance companies.................................... 5, 750, li93 oo be entitled to the money. In otherworus,a.scertaining the value of tile - - - - - property, the loss could and should be traced to the actual sufferer. 2, 3J6, 526 71 Therefore the rejection or withdrawal of either the war premiums or Leaving f.boir actual profits, so far as has been ascertained, in round insurance claims, both of which were presented, had no sibrnificance• . nnrubers, 2,GOO,OOO. Probably this aruonn tis too small by half. We There is another answer which has been before suggested. By the l1ave one specific case to which I call the attention of the Hou.se, that e~press terms of the treaty the award of such snm Hill gross" was of t.be Columbia Company: to be iu satisfaction of aU· the claims referred to the tribunal. 'l'hese The hooks of the Columbia Company show that it received for war claims were as broad a-s the high seas, and covered all the destructions r~f~~~~~~~~-:~-~·~·~·~·::~·~·~·~·~·~·~·~·~·~·~·~-~·~·~·~-~·~·~·~·~·~-~-~·~-~·~·~·~·~·~-:-~t~:m· ___ ~ $1,018,760 00 :;.~1~J'l~Jt~~~e~e~!eli~~e!~ ~f::t:1J.:, all claims" generically (or To Great Britain it was a matter of profound indifference to which 780 713 00 • class of claimants the money wa-s paid. By ohjection antl argnmP-nt Profits ............................... , ............ . 1, 138, 047 oo its counsel sought to reduce the amount of tbe award. On the otller I 3662 CONGRESSIONAL RECORD-HOUSE. JUNE 7, hand, the United States, most anxious to secure certain national rules, the United States as "the sufferers" were not made apparent by every consented to the withdrawal of certain claims without passing npon statement and proceeding involved in the history of theca e. their merits, yet reserving the power to do justice. Neither Great In what way would the award be ''an indemnity to the sufferers," Britain nor the United States had any intention, in their respective at- as proclaimed by the agent of the United States, if such f;ufferers titudes, to pass upon the question as to who were the real sufferers, were sa-crificed on tile altar of negotin.tion from which tJ1e nation re- . certainly not to foreclose them. ceived such "inestimable ad vantage t" So far did the United States As all these claims were referred to the tribunal of arbitration it take the control of this whole matter that it, as the successor of the made no difl'erence whether it allowed or disallowed them, for they confederacy, took the Shenandoah and sold it in Great Britain, (Ala- were absolutely satisfied by the award, all(l therefore should be paid bama Claims Correspondence, volume 3, pages 319, 447 ;) which seiz- according to the intent of the treaty of Washington and pursuant to ure prevented the owner of one of the ships d~stroyed by the She- the declaration of the State Department. The war-premium claims nandoah, before it entered Melbourne, from bringing his libel in a were referred to the tribunal of arbitration. British court. . Now, I wish to call the attention of the House to the declaration It is objected that those who paid war premiums have in some way made in t.his regard by the government of Great Britain, and the received back the amount paid by them. It is a sufficient answer to reply of the United States showing that the minority report is greatly this to say that in regard to this cla-ss the bill provides: in error in giving the least significance to the position assumed by It shall be the duty of the court to deduct any sum in any way received by or some, that these cla.ims, because withdrawn, were not referred to the repaid to the claimant, diminishing the amount paid for any such premium, so that tribunal. the actual loss of the claimant only shall be allowed; and no claimant in the second The treaty was madP. in 1871. ·In 1872 the Queen of Great Britain, class who has been paid such loss shall be entitled to receive from any insurance in proroguing the two Houses of Parliament, stated: company recovering in the tbird class any further sum on account of such loss. In the case so submitted on behalf of the United States, large claims have been Therefore, if the premium itself were insured or repaid or a-dded to included which are understood on my part not to be within the province of the ar- the price of the goods, or diminished by non-payment of tonnage , l>itrators. (See volume 2 of such papers, page 582.) duties, or otherwise, the facts will be ascertained by the court and The Secretary of State responded, pages 583 and 584: only the actual loss will be allowed. But we say both the reason of -I f they were not within the province of the arbitrators, wby should the arbitrators the case and the evidence concur in the following propositions: give them consideration, • • .t or why should they express their individual 1. The claimant~:! who paid snch ·war premiums were compelled to and collective opinion with regard to them ' pay them because such cruisers were on the sea. If not within "the province of the arbitrators," why should the British ~rovern­ 2. In order to obtain credit in the purchase of foreign goods, they ment, • • * upon the statement of the agent of the United States that they will not be further insisted upon before the tr1bunal, ask for the entry of an order were required to procure such increased insurance, or, if exporting, * • • "that they be henceforth wholly excluded from all consideration~" they had to pay such increased insurance on account of the war risks. A very significant reason why the United States should not raise 3. So many American Yessels sailed under neutral flags, the com- the question aa against the claimants is found in the fact that tilis petition made it impossi !Jle to add the increased insurance to the price Government withdrew such claims for a consideration largely ad- of the merchandise. vantageous to itself. 4. These claimants are actual losers to the amount of the premi- The American minister (volume 2 of papers relating to the treaty ums paid by them, less such amount as they may have received from of Washington, page 516) says: dividends or otherwise. I think the principle declared in this article (the fifth) for future observance be- 5. The owners of vessels bad to pay such war premiums, for they twel'n the two nations is one which, if settled and maintained, must be of inesti- were compellAd to carry freight in competition ·w ith all vessels sail- ' mable advantage to the United States. ing under neutral flags, and not only lost the premium but had to The Secretary of State, in writing of these ''indirect claims," page take freight at less rates than the neutral ·vessels lying side by side, 476,says: until the former were dri\"en from the sea. Now, I wish to call the attention of the Honse to what the evidence The United States now desire no pecuniary award on their account. • • • In was before the subcommittee. Not only was it proven that the war the correspondence I have gone as far as prudence would allow in intimating * • • that we should be content with an award that a. state is not liable in pecuniary premiums could not be added to the freight or the price of the goods, damages for the indirect results of a failure to observe its neutral obligations. * !Jut it was proven by one witness that he offered to bring goods from * * This Government expects to be in the future, as it bas been in the past., a China for fifteen cents less per hundred than was offered by the neu- neutral much more of the time than a belligerent. tral vessels, and that he continued in business until his fifteen vessels In regard to the withdrawal of the claim for indirect losses (page were driven from the sea because he refused to hoist a neutral flag 526 of such papers) the following appears: anti- abandon the flag of his country. In consideration thereof the President of the United States, by andllwith the ad- Many of these owners bore up heroically, preferring that their ves- nee and constnt of the Senate thereof, consents that he will ma'ke no claim on the sels should be" driven from the sea," rather than to sail under a for- part of the United States 41. respect of indirect losses as aforesaid before the tri- eign flag. bunal of arbitration at Geneva. You of the South, who so heroically stood by the "lost cause" be- The British minister writes, (page 532)- cause you believed yon were right, can but honor the men whom the That the Senate considered that the adoption of the wider principle with regard lust of gain could not seduce to abandon a flag which they so in- to indirect claims would be an equivalent for the consent given by the Presiuent tensely honored and which now floats again over a great and united that he woulu make no claim for indirect losses before the tribunal of arbitration at Geneva. people. May it thus float forever. It is stated by the Secretary of State (page 533) that the President, to The abstract right of those who paid the war premiums to recover preserve such a tre._'tty," has been willing to make large concessions." them Ilas been settled by "the court of commissioners o.f Alabama The American minister writes (page 560) to the Earl of Granville: claims" in ascertaining the loss in the insurance cases which have found a standing before this court under the act. of the last session. I am now authorized * " * to say that the Government of the United States re)!ards tho new rule * * * ns the consideration for and to be accepted as a fbal Now, if the House pleasE-\, I wish to call particular attention to settlement of the three classes of the indirect claims put forth in the case of the these decisions. I have already said that the insurance companies United States. had a better foundation for their claims in regard to damages t.han The Secretary of State (page 579) says: any others who lost. Some of them have lost and have been before This is an attainment of an end which this Gi>vernment bad in view in the .put- t.he tribunal created by Congress to award this fund to tb.e proper ting forth of those claims. We had no desire for a pecuniary reward, but desired claimants, and the question bas been distinctly presented. It is an expression by the tribunal as to the liability of a neutnll for claims of that claimed that the war premiums are necessarily indirect. We have character. · no such term as indirect in American law. We speak of damages as The counsel of the United States (page 223, volume 3) state- direct and consequential. The Court of Claims has held that war That the United States did not insist on extravagant damages; their object was premiums are the most direct of damages in three or fonr cases to a higher one, and one more important to them. which I will refer. I have copies of the records in court-- The learned counsel (pa.ge 224) say: [Here the hammer fell.] We • * * have acted accordingly * • • regarding a mere question of the Mr. KELLEY. I move that the time of the gentleman from New amount of national damap:es to be awarded as secondary to the higher considera- York be extended. tion of the welfare and the honor of the United States. Mr. LORD. I shall want but a very few moments. Without this last statement it is evident that the United States The SPEAKER pro tempore. Is there objection to the gentleman never intended by withdrawing the indirect damages to extinguish from New York proceeding! an claims therefor as between this Government and its own citizens. No objection was made. Notwithstanding, such recognition of the belli~erent rights of the Mr. LORD. In the case of The Mutual Marine Insurance Company seceded States great.ly prolonged the war, and this Government paid vs. The United States, No.l098, the company paid for war premiums more to protect its commerce from the cruisers created thereby than for re-insurance of its war risks the sum of $2,511.57 and was allowed, the whole amount of the Geneva award, yet not having presented or less scrip received, $470, 2,041.57. for its own advantage having withdrawn or acquiesced in the rejec- In the case of The Merchants Mutual Marine Insurance Company tion of its own claims ·for indirect losses and also the indirect losses vs. The United States, No. 257, the ,company waB allowed war pre- of individuals who had also borne their part of the national los es, it miums paid for re-insurance of its war risks, 2,550.88. would seem more than unjust for the United States, which acted vol- In the case of The Ocean Mutual Insurance Company vs. The untarily in the premises, to cover any portion of the award into the United States, No. 1093, the company "paid for re-insuring war Treasury before the payment of all individual losses, even if the io- risks" 27,209.59 and received for war losses re-insured , 22,057.15. tnnt to pay tb.e losses of individual8 so denominated by tile agent of The balance itrecovered in its judgment, namely, $5,152.44. 1876. CONGRESSIONAL RECORD-HOUSE. 3663 In The Commercial Marine Insurance Comp3.ny t•s. The United Before sfating as to the thircl class created by tho bill, I will say States, No. 1089, the company paid for war premiums by way of re- there are some who think that -prisoners taken by the~:~e cruisers an•l insurance $30,!"l99.8:~ and received for re-insurance losses $10,556.40 suffering injuries the1·eby shonld be paid before any of tho money and recovered in its judgment tho balance, $20,243.43. goes to insurance companies; but the difficulty of reaching tlmt class That the underwriters who demand the repeal of section .12 have is so groat, that I still adhere, as a matter of jny the tribunal, it may be considered RECESS. · by the Government of the United States whether anv cour11e cau be adopt ·d re· specting the first-mentioned claims which would relieve the tribunal from the 1\Ir. MORRISON. I move that the House take a. recess until half necessity of deciding upon the present application of Her Britannic Majesty's past seven o'clock, and I a~k unanimous consent that to-night's ses- government." DAVIS. sion shall be set aside for debate upon this subject only, no business to be transacted. Mr. McCRARY. I desire to retain my place in this discussion, and No. 113.-Mr. Davis to Mr. Pish. I do not wish to go on before to-morrow morning. [Telegram.] 1\lr. MORRISON. I will say to the gentleman from Iowa that there GENEVA, June 19, 1872. (Received at 6 p. m.) are a number of gentlemen here who desire to speak to-night. The counsel write me aa follows : No objection was made. "We are of the opinion that the announcement this day made by the tribunal must be r eceived by the United State.~ a.'! detenninati\'6 of its judgment upon the 1\Ir. DURHAM. I would suggest to the gentleman that he make his question of public law involved, npon which the United States have insisted upon motiou for a recess until eight o'clock, a.'i the houris late now. taking the opinion of the tribunal. We advise, therefore, Ihat it should be sub- Mr. MORRISON. I will modify my motion so as to move that the mittea to, as precluding the propriety of fm·ther ins ist~~ upon the claims covered House take a reces1:1 until eight o'clock. by this declaration .of the tribunal, and that the Unirea Stakf!, with the view of maintaining the clue course of the arbitration on tho other claims without adjourn. LEAVE OF ABSENCE. ment, shoulu announce to the tribunal th.c'lt the said claims cm-erecl hy its opinion will not be furthbr insisted upon before the tribunal by tho United State.'l, anu may Mr. MAcDouGALL was granted leave of absence for two weeks be excluded from all consideration by the tribunal in making its u.wa.rd." from to-morrow. DAVIS. . ~ / 1876. CONGRESSIONAL RECORD-HOUSE. 3665 No. 114.-Mr. Fish to General Schenck. the juclgment of that tribunal. If a government has that right, then LTelegram.) with equal propriety she may depart from all principles of interna- DEPARTMENT OF STATE, tional law. The Government of the United States, after all national w~hington, June 2"2, 1872. claims had been thrown out, still insisted upon the payment of t.he Send following by telegraph, and also by mail, without delay, to Davis, Geneva: private claim of: he:r cit.izens, and among them the claims of the in- "Mr. Fish w Mr. Davis. sumnce companies, our Government representing all the time that it "Your telegram of 19th informs me that the tribunal has made a declaration wanted payment for them in order to indemnify them out of the stating that tho arbitrators have arri vocl at the conclusion that a class of the claims sum awarded, leading the arbitrators to believe that they were pre- set forth in tho case presenrod in behalf of tho United States do not constitute, upon the principles of internati~nal law applica?le to such cases, a good fou_nda.- sented in good faith. We insisted that the sum t.o be aw3J'ded should tion for an award of compensation or computation of damages between nat10u , be large enough to cover all private claims, otherwise the United and should, upon such princjples, be wholly excluded from the consideration of the States might be called upon to"make up to the private claimants tribunal in making up 1ts award. what the arbitrators failed to give. Now, after we have insisted be- "You also inform roe tl!a.t tho counsel of this Q-Qvernment before the tribunal at Geneva have advised in writing that they are of opinion t.hat the announcement fore the arbitrators that these claims should be allowed, how can we thus made by the tribunal must be receivecl by the Unitocl States as determinative refuse to pay them' of itsjuugment upon the question of public law involved, upon which the United It would be claimed at once by Great Brit.ain that we presented to States have in is ted upon taking the opinion of tho tribunal; that the counsel ad- vis , therefore, that thiR juugment be submitted to as precluding the propriety of the Geneva tribunal and asked that certain private cln.ims or direct further insi ting upon tho claims covered by the declaration of the tribunal; and loses be allowed, and then disposed of the money awarded to pay that the United States, \vith a view of maintaining the due course of arbitration on such specific claims contrary to the spirit and cleci ion of said award. the other claims, without adjournment., should announce its opinion that tbecl..'lims I ask yon could we in the disbursement of this money thus violate referred to by the tribunal will not be further insisted upon by the United States, and may be excluded from its consideration by the tdbunal in making its award. tho f the Geneva owner, including the right to recover the vessel if restored, and all moneys ro- covered on account of its loss or destruction. tribunal. I claim, sir, that we have no mo~al or legal right to depart from In the case of Hall & Long vs. Railroad Company, 13 Wallace Re- IV--2:30 3666 CONGRESSIONAL RECORD-HOUSE. JUNE 7, ports, 376, the court held "that the insurer stood practically in the was paid over by Great Britam to the United States, not as a trust position of a surety he is entitled to n.ll the means of indemnity which fund to be distributed to particular claimants who hn.(l proved losses, the satisfied owner held against the party primarily liable." It rests but as a sum of money absolutely within the discretion of Congrc, s as upon the broa-dest and clearest prin.ciples of law and justice, ~ec.ause to its disposition. Whether we accept tbis judgment as right or not, the insurance and the rate of premmm are based upon the prmmp1es it is now too late to re-open the question and proceed upon any theory of subrogation. If the nnderwritersarenot entitled to the indemnity, which would limit the right of Congress to distribute this money, or then, sir, I ask, w~o is entitled to it T For the o~er has alrea~y been even to retain it in the Treasury for the benefit of the whole peop1~ indemified for his loss under the contract which he made with the if it bad seemed good to do so. But it did not elect to retain it in the insurance company. Treasury, but, on the contrary, the conclusion was reaehed that the The English lawyers before the Geneva tribunal even admitted the fund should be dist1'ibuted, not as a trust fund, but to those parties, and right of the insurance companies to be subrogated. The counsel for to those only, who had sustained actual loss and dama.g e by the acts Great Britain said: of the confederate cruisers. ~ The American irum:rance oompanies who have paid the owners as for a total loss It was also decided that this distribution should be mac.le within are in our opinion, entitled to be subrogated to the rights of the latter, according certain limits clearly defined by the act. It provided that those who to the well-known principle that au underwriter who has paid as for a total loss ac- had sustained losses by the inculpated steamers without insnrance quires the. rights of th~ assured in resp~ct of the suqject-rnattJ:r of insurance. should be paid in full. Thot~e sufferers were placed in the most meri- This prinCiple wasexplamed and acted on m the well-known English cases of Ran- dall vs. Cochran, 1 Vesey, sr., 98, and the Quebec Fire Insurance Company vs. Saint torious class, and justly so. It next provided that those who had had Louis, 7 Moore's P. C., 286, and is well recognized by the courts of Amenca.. partial insurance should be indemnified as to the excess of their losses over the insurance received. Next that insurance companies shonld In 1835 Mr. Webster said: be indemnified for actual losses paid by them on war risks, whether There is no more universal maxim of law and justice throughout the civilized those losses occurred through the acts oftheincnlpated orexculpn.ted* and commercial world than that an underwriter who has paid any losses on a ship or merchandise to the owner is entitled to whatever may be received from the steamers, after crediting the total amount of war premiums received property. His right a~rues by the very act of payment, and if the property or its on wn.r risks. By this action the legal doctrine of subrogation was proceeds be afterward recovered in whole or in part, or whether the recovery be entirely disregarded and rejected evidently upon the consideration from the sea. from the captors, or from the justice of foreign states, such recovery urged in the discussion: that no one, whet.ber private individun.ls or is for the benefit of th.e underwriter. insurance companies, sustaining loss had or could have any legn.l Suppose this money was handed over to the court to be distributed claim npon the Government· in the distribution of this funu, for the according to legal principles and accor~ing to the ~rms of the Geneva reason mainly that the losses were the result of seizures lega11y mane arbitration; does any lawyer npon this floor believe that the court during a state of recognized war. The equitable and not the lep;:tl would not hold that as between the underwriters and the insured, doctrine is the underlying basis upon which the whole act rests. It whatever claims the insured may have had to this money, it becomes was admitted, and it cannot be denied, that the insurance companies subrogated to the insurance company upon their payment of the policy proved the loss; but because they prove£1 it it did not follow t.hat they of insurance T sustained any portion of the damage. As a matter of fact these lo ses I think, sir, that this whole matter in the first pla-ce ought t.o have were, except in a few cases involving no great amount, recouped been referred to the judicial tribunals of the country, and let every by imposing war rates of insurance upon the insured, and to the ex- person who claims any portion of this money submit his claim to the tent that insurance companies were not thus indemnified they were decision of the Supreme Court of the United States. It is the proper allowed a lien upon the fund. tribunal to settle this disputed question, and we ought not to be afraid This statement covers all classes which were inc1ucled in t.he dis- to let the question of title to this fund be judicially determined, and tribution provided for by the legislation of the last Congress. Thn.t without doubt all claimant.s would be satisfied with the result and legislation excludes all claims for war premiums, all claims for loss justice would be done between the high contracting parties and the by exculpated cruisers, except so far as the latter losses were allowed cestui que tntst. to the insurance companies as an offset against the a.g gregate amount Entertaining the views which I have already expressed, I cannot of war premiums received. vote for the bill presented by the maJority of the committee. It takes Now, then, I lay down the proposition that it is neither competent the money that we collected from Great Britain and gives it to a class nor wise for this Congress to disturb this legisln.tion. Whatever might of claimants who were not recognized before the Geneva tribunal. be our views, if the question wore still an open one, we are bound Such a distribution of the funds is clearly against all principles of by the principles settled and concluded by the Congress upon whom law and justice, and it will greatly impair the high character and fell the duty and the responsibility of dealing with the question. It standing of the America.n nation among the peoples of the Old World. is in fact in the nature of res adjudi.cata. But on the other ha,-nd I am Mr. HEWITT, of New York. Mr. Speaker, I ought perhaps to ex- equally clear that it is our dut.y to correct any failure of that Con- plain bow it happens that I undertake to discuss this bill at all, for gress to carry into e1f'ect the principles upon which its legisln.tiou was 1t seems to me that it belongs rather to that class of legislation which intended to be based. In fact in the closing debate upon the adop- concerns the lawyers, especially of the House, rather than laymen tion of the report of the conference committee this doctrine was dis- and men of business, but my friend and colleague from New York tinctly avowed, and it was conceded on both sides that the presont [Mr. LoRD] requested that I should make an examination of the Congress would necessarily be called upon to rectify errors, supply bill, probably because he wished to have the views of a man of busi- omissions, and provide for the further distribution of the fund upon ness. I took it up and followed the subject with great interest, and the principles of equity and justice. Now two manifest errors ap- the result was that I ha-d to read the entire discussion in the Forty- pear to me to be incorporated into the law of the last session, the . third Congress and all the treaties and the instructions of the State first of which arose ·from confounding what n.re known as mutual-in- Department, and everything in fact that has been donE\ by Congress surance companies, having no cn.pitalstock and making no profits, in reference to this important matter, and I have arrived at some with insurance companies having a capttal stock upon which divi- conclusions which differ from the conclnsions which are contained in dends are paid. The latter class are organized for the profit of the the report of the majority of the committee and the two reports of stockholder alone, and in no respect differ from corporations organ- the minority. ized for manufacturing or trading purposes. They engage in a law- The most important subject of discussion in the Forty-third Con- ful business for the express purpose of mn.king money for the stock- gress was the distribution of the sum of money awarded by the inter- holders. Mutual-insurance companies on the other baud ha.ve no national tribunal which met at Geneva to pass npon what are com- such object in view. They take profit ont of no one. They have monly known as the Alabama claims;' and no discussion was ever therefore no profits to divide and they have no stockholders among more thorough and exhaustive, receiving as it did the careful atten- whom to divide profits. They merely provide a ma-chinery, so to tion of the lea-ding members of the Senate and the House. The result speak, for the distribution of losses, and not of profits; and all that was the act which it is now proposed to supplement by additional they have to do is to assess the losses incurred by any one associate legislation. upon the whole number of associates for the time lJeing in proportion I agree fully with the proposition laid down in the majority report, to the amount of insurance taken by each. In other words, they are that it would be unwise to unsettle the principles upon which this self-insurers, and therefore they are in reality uninsured. This will legislation wa-s baaed. In fact, it is difficult to conceive of a caae in be made plain by imagining that ten merchants send out their car- which legislation, framed upon a new basis of settlement, would be goes without any insurance whn.tever. Some of these cargoes arrive more productive of confusion and unmitigated evil. Under the ex- at their ports of destination safely and some are lost. In the course isting ln.w a court has been organized, awards have been made, prec- of time it naturally occurs to the owners that the loss in any partic- edents have been established, equities have been defined, and money ular case may bo too heavy for one to bear alone, and they agree to bas been paid beyond recall. No one would be reckless enough to distribute the loss over the whole number in proportion to the value pull down the edifice which ha-s thus been laboriously constructed of all the cargoes. The loss when made remains a loss without pos- and begin to build anew. Principle and policy alike concur in this sibility of indemnity from any source wl1atever. Therefore in the case to preserve, and not to destroy. But while we are thus limited aggregate these ten merchants are just as much uninsured as if they by the underlying principles embodied in the conclusions of the last hn.d never combined to distribute the loss among the whole number. Cong~·ess, it is the right and the duty of the existing Congress to cure Hence, the mutual-insurance companies belong in the most meri- wl1n.tever defects may have been discovered in the law aa it stands, torious category; and, but for the fact that they are called "insurance and to carry to their logical consequences the principles upon which companies" anythe Senator m~ rs, and no power can despoil us of it. We alone by our dissensions from Kansas [Mr. L~GA.LLS] yesterday upon the b11l (H. R. No. 1652) c:. · 1 destroy this rich inheritance. Over brothers' graves let l>roth~rs' giving the approval and sanction of Congress to the route and ter- quarrels die. Let there be peace between us, that these swords which mini of the Citizens' Railroad and to 1·egulate its construction and we have learned to use so well, may if used again strike only at a com- operation. The Senator from Kansa.s reported the bill adversely; mon foe. Let us sing anthems of peace; let the song be taken up but, as the committee were divided, he asked that it be put upon the throughout the land; by the shores of the great lakes, by the waters Calendar. I move that the Journal be so corrected as to contn.in tbe of the Gulf, in the land of the loom and spindle, in the land of gold, request of the committee, that the bill ue placed on the Calendar on broad prahies, on sunny savannas, let the chorus again and again ·w ith the adverse report. · . break fortll, "Peace on earth, good will toward men." We have bad l\Ir. SHERMAN. I think the bill ha-s been placed on the Calendar. enough war. Too many widows' weeds are scattered in this land; too The PRESIDENT pro tempore. The Chair is informed that the many orphan children arc gazing upon and lamenting the pa-st. lt Journal is right. was a just and righteous war, bravely fought and nobly won. Thank 1\!r. WEST. I followed the Secretary as he read the Journal, and God it is over; and let us hope it will be revived .only in memory. did not hear it so stated. I think the time has arrived for the ravages of this war to entirely The PRESIDENT p1·o temporo. The Secretary will read the entry disappear. Where any turbulent elements still exist the law sh.o~ld in the Journal. baTe its just swa.y, however much we may dread such necess1tws. The Secretary read as follows : Al1d unto every citizen is there a duty assigned. As to what that is Mr. INGALLS, from the Committee on the District of Columbia, to whom was re- no honest patriot can doubt. The elimination of bias and bigotry ferred the bill (H. R. No. 1G52) giving the approval and sanction of Congre . to the route and termini of the Citizens' Railroad and to regulate its construction and and the general education of the high and low of every section will operation, r eported it without amendment, and t.h at it ought not to pass. be found the b:ue source of onr national prosperity; and as the mind is Mr. INGALLS. I move that the bill be placed upon the Calendar. expanded, reason will come forth from the dark obscurity of ignorance The PRESIDENT pro tempm·e. A bill goes upon the Calender when to balance with a nice hand the scales of justice. reported adversely if it is not postponed indefinitely. America will not di~. As the time demands them great men will The Journal was approved. appear, and by their combined efforts render liberty and happiness more secure. The people will be ready and answer in every emergency PUBLICATION OF DISTRICT TAX-LIS'!\ that may ari e. If they have been able to direct and manage affairs The PRESIDENT pro tmnpore laid before the Senate the following wisely in the past, how much additional power will they have in the communication; which was read, referred to the Committee on the future with which to mold and invigorate the mighty fabric of the District of Columbia, and ordered to be printed: Republic. The union of national prosperity with social harmony, OFFICE OF THE COID!ISSIONERS OF TaE DISTRICT OF COLUMBIA, which is sure to come, will be indicated by one rapid reconstruction. Washington, June 7, 1 76. Wisdom and knowledge from their highest pinnacles must no longer Sm: In answer to the resolution of the Senate of the 2d inst-ant directing- the view the progress of national greatness, but its perfection. From commissioners of the District of Columbia to furnish the Senate with a copv of the Maine to Alaska will resound the shouts of rejoicin~ which will arise contract entered into with the National Republican newspaper for the publication of the list of delinquent tax-payers for the present year, and to inform the Senate from millions of intelligent and happy freemen. ·with such watch- whether the collector of taxes for the District has charged delinquent tax-payers words as freedom, equality, and fraternity no factor of discord will for the publication of such list in excess of the price paid said newspaper, and if be apparent. The seed has been. sown and the harvest shall be reaped, so, by what authority the same has been done, we ha>e the honor to send herewith copy of the contract with the National Republican newspaper and a statement of and such a one a.s has never been known before in the history of na- athe collector of the District., from which it will bo seen that in the opinion of the tions-a llarvest of peace, prosperity, and virtue. collector no excess of the price paid for said publication bas been charged delin- But before this millennium dawns there will be still much to accom- quent tax-payers. plish. However, we may comfort ourselves with the reflection that Very respectfully, W. DENNISON, the path of virtue is sometimes dark ; if we follow it steadily diffi- J". H. KETCHAM, culties and embarrassments will melt away. The cloud will one day S. L. PIIELPS, roll off, and the bow of hope and promise will be fotmd in its place. Oommis8ioners of the District of Oolumhia. LPt us surrender no vital principle ; neither let us waste precious Hon. THOMAS W . FERRY, President United Statu Senate. tt.L:Ic in the idle discussion of obsolete issues. The policy to be adopted must bo one that will build up our waste places, cover our broad acres PETITIONS AND MEMORIALS. with waving grain, send our ships into every sea, start our factories, Mr. SHERMAN presented a. petition of citizens of Iowa, praying bridge our streams, and make the hum of industry resound on all the passage of a law authorizing the Federal courts in that State to sides. Let us go on as an orderly, law-abiding people, and wait pa- grant a general injunction restraining all persons from mining or tiently for the time when the reward cometh; for the time when a other operations, except the cultivation of the soil by actual settlers, sense of justice shall once more animate tbe hearts of all, and malice on the so-called Des Moines River land grant; which wa.s refeiTed to and hate shall give place to brotherly love. the Committee on the Judiciary. With the ardent prayer that our Government may remain an ever- Mr. l\IORRILL, of Vermont., presented the petition of Sarah E . Cook, la ting tmit, and that the great Commonwealth of Louisiana regain James F. O'Brien, and others, of ·washington, District of Columbia, and then maintain her lofty position among the sisterhood of States, praying that the District commissioners IJe authorized to inclose the I shall close with the prediction that this Government" of the people, Holmead burial-ground; which was refeiTed to the Committee on the for the people, and by the people" will not ·perish from the face of District of Columbia.. the earth. Ur. SPENCER presented the petition of W. B. Sherrell and other And then, on motion of Mr. REAGAN, (at nine o'clock and twenty- citizens of Morgan and Winston Counties, Alabama, praying for the five minutes p. m.,) the House adjourned. establishment of a mail ron te from Hartsell to Houston, Alabama ; which was referred to the Committee on Post-Offices and Post-Roads. l\Ir. GORDON. I present the petition of S. D. Lee, of Mississippi, PETITIONS, E'I'C. praying for the removal of his political disabilities. I will state that this petition has been presented once before and by some mistake was The following memorials, petitions, and other papers were pre- mislaid. I move its reference to the Committee on the Judiciary. sented at the Clerk's desk under the rule, and referred as sta,ted: The motion was agreed to. By Mr. BLACKBURN : The petition of Samuel Lee, to be re-im- bursed the amount expended by him in contesting for the seat of GLE..~WOOD CEMETERY. Ron. JOSEPH H. RAL.~Y in the Honse of Representatives, United Mr. SHERMAN. I ask, I believe with the consent of the Senator States Con~ress, to the Committee of Elections. from Alabama., [Mr. SPENCER,] that the bill(S. No. 475) to amenda.n By Mr. 1! OSTER : The petition of Omar P. Norris, for additional act entitled "An act to incorporate the proprietors of the Glenwood compensation as a United States Army officer, to the Committee on Cemetery," approved July 17, 1854, reported adversely by him yester- War Cln.ims. day, be recommitted. I do this at the request of one of the parties in- By .Mr. HOAR: The petition of Sidney S. Turner, for a renewal of terested. a patent, to the Committee on Patents. l\1r. SPENCER. I ha,ve no objection to a recommitment, but the By Mr. LAPHAM: The petition of soldiers of the late war, for an bill would have to be changed very much in order to meet the ap1Jroval equalization of bounties, to the Committee on Military Affairs. of the D!Rtrint Committee. By Mr. PHELPS: The petition of W. A. Norton and others, pro- Mr. SHERMAN. Certainly, it will be open to amendment in the fessors and instructors in Yale College, for au additional appropria- committee. tion to tbe board for testing iron and steel and other metals, to the l\Ir. INGALLS. Would it not be better for the purposes of the Son- Committee on Appropriations.' ator from Ohio to allow the bill to go on the Calendar f . 3670 CONGRESStONAL REOORD-SENATE. JUNE 8, Mr. SPENCER. It is already on the Calendar, with the adverse re- Mr. HOWE, from the Joint Committee on the Library, submitted port of t.he committee. a report accompanied by a bill (S. No. 910) to provide for the con- Mr. INGALLS. I shall violate no confidence in saying tha.t the struction of a new library building. committee, I believe, are absolutely and irreconcilably divided upon The bill was read and passed to the second reading, and the report the bill. It would be impossible to get a conclusion of the committee wa..s ordered to be printed. upon it, and therefore it is utterly useless to recommit it. Mr. LOGAN, from the Committee on Military Affairs, to whom Mr. MERRil'\ION. I beg to say a word touching this matter. The were referred the following petitions, asked to be discharged from Senator from Kansa-s and myself were charged, a8 a subcommittee, their further consideration; which was agreed to: with this bill. We did not agree, and the committee discharged us A petition of citizens of Charleston, South Carolina, praying to have from its further consideration. I desired that the bill should be at donated to them a certain amount of condemned cannon for the erec- least reported back to the Senate without recommendation, so as to tion of a bronze monument to cemmemorate the battle of Fort Moul- come fairly before the Senate without any prejudice on account of trie, fought June 26, 1776; any judgment of t.he collliDittee. I think that ought to have been The letter from ·the Secretary of War, transmitting the petition of done, and I believe I shall venture to request that the bill be referred Captain J. M. Hamilton, praying that the date of his commission be again that we may consider it again and see if we cannot report it changed from June 6, 1867, to July 28, 1866; back without prejudice and allow it to go on the Calendar without The petition of Alexander Brigham, praying the passa~e of an act &ny report at all, either adverse or favorable. giving him back pay and bounty for services rendered m the First Mr. SHERMAN. I should be very glad indeed if the committee Michigan Cavalry ; • would be willing to let the bill stand upon the Calendar without any The petition of James T. Shelley, praying to be re-imbursed for the recommendation. It is a very common proceeding to do so. amount of certain moneys expended by him in recruiting, organiz.. Mr. INGALLS. There is no written report accompanying the bill, ing, and drilling troops for the United States Army during the late so that, practically, the suggestion of the Senator from Ohio is met. war; There was a mere formal report on the bill from the committee, we ·The petition of Charles Edward Nott, of ·Northampton, Massachu- being unable to agree. setts, praying Congress to provide by law for a permanent centen- Mr. MERRIMON. I wish to make a further remark. This bill re- nial star on our national flag ; lates to a grave-yard, and involves a great deal of feeling on both Tbe memorial of Tarvin C. Grooms, late of the One hundred and sides. On one side they are capitalists, on the other side there are fifteenth Regiment Indiana Volunteers, praying compensation as first those who have buried their dead in that pla-ce and want some voice lieutenant from November 15, 1863, to February 1, 1864; and in its control. It is a subject that appeals very strongly to the sym- The memorial of James G. Gibbes, of Columbia, South Carolina, pathies of everybody, as well as to the sense of right. I think it praying the Government to refund him moneys advanced to Uniou ought to be placed before the Senate at least without any action on soldiers during the late war. ~he part of the committee, further than to be discharged from its He also, from the same committee, to whom was referred the -pe- further consideration. tition of William Martin, late of the Fifty-third Regiment Indiana Mr. SHERMAN. I shall not ask that the bill be recommitted if Volunteers, praying for ba-ck muster and pay ru; chaplain of the Fifty- the Senator from Kansa-s states that it will stand upon the Calendar third Indiana Volunteers, asked to be discharged from its further without recommendation. I am perfectly willing, after what has consideration, and that the petitioner have Jeave to withdraw his pe- been said already, to let the matter stand as it is. I made the motion tition and papers; which was agreed to. at the request of a gentleman known to Senators themselves, an offi- Mr. ALLISON, from the Committee on Pensions, to whom was cer of the Government, who has a good· deal of interest in the ca..se. referred the bill (H. R. No. 2620) granting a pension to Jonas A. Mr. SPENCER. The Senator from Kansas has stated the case. Bigelow, Company K, Fourteenth Regiment Ohio Volunteer Infantry, The committee were divided, a majority being in favor of an adverse submitted an ad verse report thereon; w hioh waa ordered to be printeu, report. I do not know bow we can make any statement on the floor and the bill was postponed indefinitely. of the Senate which would change tbe conclusion of the committee. He also, from the same committee, to whom was referred the bill Mr. SHERMAN. Upon the statement made by the Senator from (H. R. No. 1849) granting a pension to Abigail S. Dawney, reported it Kansas that the bill may stand as a formal report, I think it just as without amendment. well to let it remain on the Calendar. It will be open to amendment Mr. KEY, from the Committee on Post-Offices and Post-Roads, to when it is reached, and I will not press a motion to recommit. whom was referred the bill (H. R. No. 3495)·for the relief of the mail contractors on route No. 19319, in Tennessee, rE.\ported it without REPORTS OF COMMITTEES. amendment, and submitted a report thereon; which was ordered to be Mr. SPENCER, from the Committee on Military Affairs, to whom printed. was referred the bill (H. R. No. 1581) for the relief of John Gowers, Mr. WINDOM, from the Committee on Public Lands, to whom was late of Company C, One hundred and eleventh Regiment New York referred the bill (S. No. 547) for the relief of settlers upon certain Volunteers, reported it without amendment. lands in the State of Minnesota, reported it without amendment. He also, from the same committee, to whom was referred the bill Mr. BOOTH, from the Committee on Pensions, to whom was re- (S. No. 286) for the relief of W. S. McComb, of th~ State of Georgia, ferred the bill (H. R. No. 2701) granting a. pension to Nancy H. Black- asked to be discharged from its further consideration, and that it be nail, widow of Thomas Y. Blacknall, late private Company L, Sev· referred to the Committee on Claims; which was agreed to. enth Tennessee Cavalry, reported it without amendment, and sub- He also, from the same committee, to whom was referred the bill mitted a report thereon; which was ordered to be printed. (S. No. 109) for the relief of the estate of I. M. Micow, of the State of He also, from the same committee, to whom was referred the peti- Alabama, asked to be discharged from its further consideration, and tion of citizens of Butler Cotmty, Pennsylvania, praying the passage that it be referred to the Committee on Claims; which was agreed to. of an act granting a pension to Hamilton Gillespie, late a private in Mr. WEST. I am instructed by the Committee on Appropriations, Company K, Eighteenth Regiment Pennsylvania Volunteers, submit- to whom was referred the bill (H. R. No. 3263) making appropriations ted an adverse report thereon; which was agreed to, and 'Ordered to for the service of the Post-Office Department for the fiscal year end- be printed. ing June 30, 1877, and for other purposes, to report it back with . MARY H. BARTLETT. amendments. I am instructed also to give notice to the Senate that Mr. BOOTH. I am also instructed by the Committee on Pensions, to-morrow at one o'clock this bill will be called up for action. to whom was referred the bill (S. No. 803) to repeal an act granting a Mr. WITHERS, from the Committee on Pensions, to whom was re- pension to Mary H. Bartlett, approved January 28, 1873, to report it ferred the bill (H. R. No. 1680) granting a pension to Mrs. Henrietta. without amendment. This bill repeals the pension of this lady be- J. Foust, submitted an adverse report thereon; which was ordered to cause she was married at the time the bill giving her a pension was be printed, and the bill was postponed indefinitely. approved. I ask for its immediate consideration. He also, from the same committee, to whom was referred the bill By unanimous consent, the Senate, as in Committee of tho Whole, (H. R. No. 3037) granting a pension to Samuel D. Falls, late unas- proceeded to consider the bill. It repeals the act granting a pension signed recruit Ninth Regiment Minnesota Volunteers, reported it to Mary H. Bartlett, widow of E. W. Bartlott, late acting steersman without amendment, the committee adopting the report of the House on the United States steam-ram Monarch, approvedJauuary28, 1873. committee. The bill was reported to the S~:~nate without amendment, ordered Mr. INGALLS, from the Committee on Pensions, to whom was re- to be engrossed for a third reading, read the thircl time, and passed. ferred the bill (H. R. No. 2198) granting a pension to Mrs. Martha R. OFFICERS DETAILED AS INSTRUCTORS. Robinson, of Portsmouth, Ohio, reported it without amendment. Mr. GORDON. I am instructed by the Committee on Military Al.- He also, from the same committee, to whom was referred the bill fairs, to whom was referred the bill (S. No. 166) to amend section (H. R. No. 31) granting a pension to Patrick Glackin, reported ad- 1225 of the Revised Statutes of the United States, to report it with versely thereon; and the bill was postponed indefinitely. an amendment and ask the immediate consideration of the bill. It He also, from the same committee, to whom was referred the bill is important that it should be acted upon now. (H. R. No. 1936) granting a pension to John Haley, submitted an ad- By unanimous consent, the Senate, as in Committee of the Whole, verse report thereon ; which was ordered to be printed, and the bill proceeded to consider the bill. It was reported from the Commit- was postponed indefinitely. tee on Military Affairs with an amendment in line 5 to strike out He also, from the same committee, to whom was referred the bill "twenty-five" and insert "thirty;" so as to read: (H. R. No. 2295) granting a pension to Thomas Leach, submitted an That section 1225 of the Revised Statutes of the United States bo so amended adverse report thereon; which was ordered to be printed, and the ;lS to read, "but the number of officers so detailed shall not exceed thirty at any bill was postponed indefinitely. time," instead of twenty, aa in said section provided. 1876. CONGRESSIONAL RECORD-SENATE. 3671 1\-Ir. GORDON. The bill merely authorizes the increase of the num- "duly;" by inserting after the word ''circuit," in line 4, the words ber of officers detailed to drill the boys and to teach military tactics "justice or;" in line 6, by striking out "at law or in equity;" in line at the different academies, under the law of Congress. 7, after the word "court," by inserting ''and duly served;" in line 7, The bill was reported to the Senate as amended, and the amend- after t.he word "shall," by inserting "unless otherwise provided in ment was concurred in. the order or decree;" in line 9, after the word "proceeding," by in- The bill was ordered to be engrossed for a third reading, read the serting "duly served with such injunction;" and after the wor.ds third time, and passed. "United States," in line 11, by inserting "and elsewhere;" so as to BILLS INTRODUCED. make the section read : Mr. HOWE asked, and by unanimous consent obtained, leave to in- That an injunction dul:y issued by the circuit court of any judicial circuit of the troduce a bill (S. No. 911) to fix the salary of the Commissioner of United States, or by the cJicuitjusticeor juclgeof any judicial circuit of the United States, in an action or proceeding pending in said court and duly served, shall, un- P ensions; which wa-s read twice by its title, referred to the Commit- less otherwise provided in the order or decree, be binding on and operative against tee on Pensions, and ordered to be printed. the defendant or defendants in said action or proceeding dnly served with such in- Mr. MORRILL, of Vermont, asked, and by unanimous consent ob- junction in every judicial circuit of the' United States and elsewhere. tained, leave to introduce a bill (S. No. 912) for the relief of Thomas The amendment was agreed to. H. Halsey, paymaster United States Army; which was read twice by The next amendment was to strike out the second and third sen- its title, referred to the Committee on Military Affairs, and ordered tions, in the following words: to be printed. SEc. 2. That the sai$1 defendant or defendants shall have the right, on due and Mr. COCKRELL asked, and by unanimous consent obtained, leave proper notice to the plaintiff or plaintiffs in said action, to move to dissolve. vacate, to introduce a bill (S. No. 913) to establish post-roads in Missouri; or modify the said injunction for the judicial circuit in which said motion is made, and the circuit court or circuit judge shall have jurisdiction on sufficient cause to which was read twice by its title, referred to the Committee on Post- dissolve, vacate, or modify said injunction in and for the judicial circuit of the cir- Offices and Post-Roads, and ordered to be printed. cuit court or circuit judge in which said motion is made. BILL RECOMMITJ.'ED. SEC. 3. That every circuit court or circuit judge of the United States shall have jurisdiction, according to the rules and practice of the· court, to punish, as for a con- On motion of Mr. WINDOM, it was tempt of court, any person violating within the judicial circuit of said court or Ordered, That the bill (H. R. No. 2473) to authorize claimants upon even-num- judge an injunction legally issued by- any other circuit court or circuit judge, and duly served on said person in the judicial circuit in which the said injunction was bered sections of land within the twenty·mile limits of the Northern Pacific Rail- issued. · road to make proof and vayment for their claims at the ordinary minimum rate of f1.25 per acre be recommitted to the Committee on Public Lands. The amendment was agreed to. RAILROAD GRANTS IN INDIAN TERRITORY. The next amendment was to insert at the end of section [4] 2: A.nd p1'0Vided further, That this section shall not apply to any case unless the Mr.?tiAXEY. I offered a resolution the daybeforeyesterdaywhich same shall have been instituted within seven years next after the first publication went over under the objection of the Senator from Kansas, [Mr. IN- or performance of such play or drama. GALLS,] who now withdraws his objection. I proposed that the So as to make the section read : resolution should instruct the Committee on the Judiciary. I have SEC. 2. That it shall be no defense or bar to an action or a motion on the part of been since informed by the chairman of that committee t.hat, on ac- the proprietor or owner of the origial manuscript of a theatrical Jllay or drama to cmmt of the amonnt of work they have, he prefers it to go to the restrain and enjoin the public performance, represent-ation, or exhibition of said Committee on Railroads. I ask that that change be made. play or drama on the stage, in violation of the rights of said proprietor or owner in The Senate proceeded to consider the following resolutions, submit- or to said play or drama, that the said play or drama has been printed or published: Provided always, That the said play or drama was not printed or published bofore ted by Mr. MAxEY on the 6th instant: the plaintiff in said action or on said motion became proprietor or owner of the Resolved by the Senate of the United States, That the Committee on the Judiciary same by purchase or otherwise: And providedjttrthtr, That this section shall not be, and they are hereby. instructed to ascertain whether or not the railroad corpo- apply to any case unless the same shall have been instituted within seven years rations, or any of them, mentioned under acts- next. after the first publication or performance of such play or drama. First, an act entitled "An act granting lands to the State of Kansas to aid in the The amendment was agreed to. construction of the Kansas and Neosho Valley Railroad and its extensiona to Red Rh·or," approved July 25, 1866. The bill was reported to the Senate as amended, and the amend- Second, an act entitled "An act granting lands to the State of Kansas to aid in ments were concurred in. the conatruction of the southern branch of the Union Pacific Railway and Telegraph The bill was ordered to be engrossed for a third reading, read the from Fort Riley, Kansas, to Fort Smith, Arkansas," approved July 26, 1866. third time, and passed. Third, an act entitled "An act granting lands to aid in the construction of a rail- road and telegraph line from the States of Missouri and Arkansas to the Pacific PAY OF P. B. S. PINCHBACK. coast," approved July 27, 1866- · nave 1ssued any bonds or ·securities of any kind predicated upon the conditional Mr. MITCHELL. I move that the Senate proceed to the consider- grants of the lands of the Indians of the Indian Territory claimed by said compa- ation of the report made by myself from the Committee on Privileges nies or corporations 1mder the above-mentioned acts; and, if it be ascertained that and Elections, on the 17th of April of the present year, providing such bonds or securities have been so issued, then it shall be the duty of the said for the compensation and mileage of Mr. Pinchback, late a, contest- committee to discover the amount of the same, in what hands they are held, and whether or not the public faith of the United States is pledged for their payment ant for a seat in this body. or redemption. The resolution was read, as follows: Resol·v edjurther, That the said committee, in the discharge of the duties hereby Resolved, That P. B.S. Pinchback, late contestant for a seat in the Senate from imposed, be, and they are hereby, authorized to call for persons and papers, and be the State of Louisiana, be allowed an amount equal to compensation and mileage required to report the result of their investigations to the Senate as early as prac- of a Senator from the beginning of the term for which be waa a contestant up to ticable. the period of the determination of the contest by the Senate. The PRESIDENT pro tempore. The question is on the motion of Mr. MITCHELL. I ask that the report be read in this case. It is the gentleman from Vermont, [Mt. EDMUNDS,] to amend the resolu- very brief. tion by striking out "the Committee on the Judiciary" and insert- Mr. SAULSBURY. I hope the Senator from Oregon will not offer ing " the Committee on Railroads." that resolution this morning. Certainly it will lead to debate, and The amendment was agreed to. if the object is to pass it in the morning hour, it will not be accom• Mr. MAXEY. I move that the. resolutions be referred to the Com- plished. mittee on Railroads. · Mr. MITCHELL. If it be not passed in the morning hour, it car- The motion was agreed to. tainly will not be passed at this session, it seems to me. SEWERAGE ON TmER CREEK. Mr. SAULSBURY. It certainly will not be passed in the morning Mr. MORRILL, of Vermont, submitted the following resolution; hour. It will lead to debate. which was considered by unanimous consent, and agreed to: Mr. MITCHELL. I hope the resolution will be taken up. I think .Resolved, That the commissioners of the District of Columbia are hereby directed ~a matter of justice. to Mr. Pinchback and to this body the resolu- to inquire and report to the Senate whether the system of sewera"e alono- Tiber t10n ought to be considered. Creek north of the Capitol has been completed, and, if not, to fi:trn.Tsh an e';timate I The PRESIDENT pro tempore. The Senator from Oregon m{}V68 the of. the cost of connecting sewers to~ the surface-water of the valley of sai.d present consideration of the resolution which has been read. Tiber Cree~ and the se.veralstreets crossm~ the.samail and to state w~t effect. if The question being put, a division was called for. any, the failure to drain the surface-water m saJ.d va ey has had or will probably have upon the public health. Mr• MORRILL, of Vermont . I d esrre · t o ask the Senat or from 0 re- gon if he purposes to take up this resolution to the exclusion of the CIRCUIT-COURT JURISDICTION. re(J'ular order for one o'clock 7 Mr. CONKLING. I move that tbe Senate proceed to the consider- Mr. SHERMAN. It does not interfere with that. ation of the bill (S. No. 240) relating to the jurisdiction of the circuit Mr. MITCHELL. It does not interfere with it. courts of the United States. Mr. MORRU.L, of Vermont. I have no objection, then. The motion was agreed to; and the Senate, as in Committee of the The question being put, there were on division-ayes 16, noes 20; Whole, p1.!ocebded to consider the bill. no quorum voting. The Chief Clerk proceeded to read the bill. Mr. MITCHELL. I call for the yeas and nays. Mr. CONKLING. I venture to suggest that there is a virtual sub- The yeas and nays were ordered; and the Secretary proceeded to stitute for the bill, consisting of two sections. If the Secretary will call the roll. jn~t .read ~he ~m~ndment, doubtless no Senator will care to hear the Mr. WINDOM, (when his name was called.) I am paired with the ongmal b1ll; It IS somewh~t long. Senator from West Virginia [Mr. DAVIS] on all political questions, The CHIEF CLERJL The committee report to strike out the second and as this has somewhat that appearance from the vote now being and third sections of the bill. taken, I decline to vote. I would vote for taking up the resolution if The Committee on the Judiciary proposed to amend the first sec- he were here, and I presume he would vote against it. tion by inserting after the word ''injunctions," in line 3, the word The roll-call wa.s concluded. 3672 CONGRESSIONAL RECORD-SENATE. JuNE 8, Mr. CONKLING, (after having first voted in the affirn;ative.) I THE CALENDAR. voted to take np this resolution, which I am in favor of uomg. I am Mr. WITHERS. I movo fLat the rc ·illue of tbe morning hour be paired with ruy colleacrue 0 [1\Ir. Klm~ AN] who is unavoidably ab- devoted to the calling of bills on the Calendar subject to objection. sent, and has been for several days, on all political questions; and The motion was agreed to. on referrincr to my friend the Senator from Kentucky [Mr. STEVEN- The PRESIDENT pt·o tempote. The first ca.se on the Calendar will SON] he eJ...~resses the opinion that this is a political question; and be reporlied. therefore I prefer to withdraw my vote. Mr. ANTHONY. There was an understanding some tirJ.e ago when The PRESIDENT pro temp01·e. Permission will be given to with- a certain point on the Calendar had been reached that the concur- draw the vote if there be no objection. The Chair hears none. rent re olutious anu the resolutions shoulu come up and be consiu- Mr. RANSOM. I am paired on political questions generally with ered. As t.he Calendar is called now, the resolutions have no chance the Senator from New Jersey, [Mr. FRELINGHUYSENj] and after the whatever. I think they ought to come in with the bills and the gen- statement made by the Senator from Minnesota and the Senator from eral orders, according to the dates at which they were reported\ NewYork,on the advice dtheSenator from Kentucky, Iwillnotvote. There is a concurrent resolution there that I am very anxious to reach, Mr. MORTON. I suggest that I understand the three Senators who though I should not want to take it up at this period of the morning have gone to Mississippi on the investigatin~ committee are paired hour. I make the suggestion, therefore, that when the Calendar of on all political questions, and I believe this IS regarded a.s one. unobjected cases is next called the resolutions, concurrent and Sen· Mr. COCKRELL. I will say that the Senator from Minnesota [Mr. ate, shall have place according to their date. Ai3 they are put on the McMILLAN] and I are paired on the bankrupt law, and on nothing Calenda.r behind the general orders, they will never be reached oth- else. As to whether he is paired with anybody else on any other erwise. I hope that will be generally understood, and that the Sec- question I do not know. retary will take notice. :M:r. COOPER. On all political questions I am paired with the Sen- The PRESIDENT JJ1'0 tempm·e. Is there objection to the suggestion ator from Minnesota, [1\Ir. McMILLAN,] and therefore do not vote. of the Senator from Rhode Island Y The Chair hears none, and that I do not know how he would vote on this motion to take up. order will be observed. The Secretary will report the first caso on Mr. 1\fERRIMON. Mr. President, is this a political question T the Calendar. 1\ir. SARGENT. That is not a point of order. DANIEL H. KELLY. The PRESIDENT pro tempore. The Chair is unable to determine; that is for the Senator from North Carolina to decide. The bill (S. No. 685) to place the name of Danie1 H. Kolly upon the Mr. MORTON. I understand that the Senator from Massachusetts muster-roll of Company F, Second Tennessee Infantry, was read the [Mr. BouTWELL] and the Senator from Wisconsin [Mr. CAMERO~] second time, and considered as in Committee of the \Vhole. are paired on all political questions with their colleagues on the~~­ J\.Ir. WITHERS. Let the report be read, unless the Senator from sissippi Committee, [Messrs. BAYARD and McDoNALD.] That this 1s Illinois, [1\Ir. LOGAN,] who reported the bill, will state the circum- regarded as such I have no doubt. stances of the case. The result was announced-yeas 19, nays 19; as follows: Mr. KEY. Let the report be read. YEAS-Messrs. Allison, Anthony, Booth, Clayton, Crauin, Ferry, Hamlin, Hitch- The PRESIDENT pro ternpore. The report will be read. cock, Logan, Mitchell, Morrill of Vermont, Morton, Paddock, Patterson, Sargent, The Chief Clerk read thefollowingreport,submitted by 1\Ir. LOGAN Sherman, Spencer, West, and Wrigh~B. from the Committee on Military Affairs, on the 3d of April: NAYS-Messrs. Barnum, Boey, Caperton, Christiancy, Cockrell, Dennis, Eaton, The Committee on Military Affairs, to whom was referrecl the petition of Deliln.h Gi:>rdon, .Johnston, Kelly, Key, McCreery, Maxey, Mernmon, Norwood, Saulsbury, Kelly, having had the same under consideration, submit the following report, which Stevenson, Wh:vte, and Withers-19. was submitted to the Forty-third Congress to the same petition, and recommend ABSE:NT-Messrs. Alcorn, Bayard, Boutwell., Bruce, Burnside, C~meron of the passage of the accompanying bill: Pennsylvania, Camero~ of Wisconsin, Co~ingbCo~over, Cooper, DaVlS, Dawes, Dorsey, Edmunds, Frelinghuysen, Goldthwmte, amilton, ~arvey, H~we, Ing~, [Senate report No. 378, Forty-third Congress, first session.] .Jones of Florida .Jones of Neva-da, Kernan, McDonald, MoMill:1n. Morrill of Mame, MAY 2'2, 1874.-0rdered to be printed. ~lesby, Randolph, Ransom, Robertson, Sharon, Thurman, Wadleigh, Wallace, and Mr. LOGAN submitted the following report, to accompany billS. No. 841: windom-35. The Committee on Military Affairs, to whom the petition of Delilah Kelly was So the motion was not agreed to. referred, having bad the same under consideration, submit the following report: MESSAGE FRO!\! THE HOUSE. This is the petition of Delilah Kelly, who claims to be the widow of Daniel IT. Kelly, decea ed, late a private of Company F, Second Regiment Tennes ee Volun- A message from the House of Representatives, by 11Ir. G.~· AD~Is, teers. The evidence sb.ows that deceased enlistet.l in the military service of the its Clerk, announced that the House had pa.ssed the followmg bills; United States about December 1, 1861, at Couche's Gap, Tennessee, under Captain David Fry; that while on their way in Lee County Virginia., tho command was in which the concurrence of the Senate was requested: attacked by alar~~ force Qf rebels, and, after a hard :fight, continuing from two A bill (H. R. No. 2575) to amend sections 3 93 and 3894 of theRe- o'dock till dark, we deceased, the captain, ancl several others were taKen prison- vised Statutes, providing a penalty for mailing obscene books and ers. The recruiting papers were in the hands of deceas6U, who had been made or- other matters therein contained, and prohibiting lottery circulars derly sergeant, ant.l, by di:rection of said Captain Fry, were destroyed th? nigbt after their capture, on wli.ch account no return was ever made of the enlistm nt pa-ssing through the mails; . . . . of deceased. The decea ed was sent to the rebel prison at Richmond, where he A bill (H. R. No. 3670) anthonzmg the Nebraska C1ty Br1dge Com- died. pany to construct a ponton-railway bridge across the :Missouri River The fads in this ca~e are testified to by Captain Fry and one Thomas Davis~ at Nebraska City, in Otoe County, Nebraska; both of whom were taken prisoners with deceasNl The particulars are staten minutely, and so clearly as to satisfy the committee of their truthfulness, aud the A bill (H. R. No. 3478) making .appropriations for the current ~nd si~rnature of Captain Fry: is verified by the War Department. contmgent expenses of the Indian Department and for fulfil~g The committee, being fully satis!ied of thejll8tice of this claim, recommend the treaty stipulations with various Indian tribes for the year ending passage of the accompanying bill. June ~0, 1877, and for other purposes; and Mr. LOGAN. My attention is called to the fact that the Senator A bill (H. R. No. 3628) establishing post-roads. from V.rrginia asked me a question. I did not hear him. The message also announced that the House had passed the bill (S. Mr. WITHERS. I merely asked for a statement of the facts to No.2) to repeal section 2303 of the Revised Statutes of the United obviate the necessity .o f reading the report. States, making restrictions in the disposition of the public lands in Mr. LOGAN. I did not designedly refuse to answer. I was con- the States of Alabama, Mississippi, Louisiana; Arkansas, and Florida, versing with another Senator at the time. and for other purposes. J\.Ir. Wl THERS. The report is satisfactory. I saw that the Senator ENROLLED BILL SIGNED. was engaged. The bill was reported to the Senate, ordered to be engrossed for a The messa!Te further announced that the Speaker of the House had third reading, read the third time, and passed. si!Tned the :nrolled bill (H. R. No. 2456) t6 release any title of the U~ted States to a certain tract of land in Braxton County, West Vir- NICITOLAS VEDDER. ginia, to Sarah \Vilson; and it wa.s thereupon signed by the President The next bill on the Calendar was the bill (S. No. 527) for the relief p1·o tempore. of Major Nichola-s Vedder. NATIONAL-BANK RECEIVERS. 1\Ir. WITHERS. Thore is an adverse report in that case, and also Mr. SHERMAN submittecl the following report: in the next case. Let them go over. The committee of conference appointed by the two Houses on House bill No. The PRESIDENT p1'0 tempo1'e. The bill will be passed over. 2441 authorizinO' the appointment of receivers of national banks, anu for other BOUNTIES TO COLORED SOLDIERS AND SAlLORS. puri>oses, after fun and free con:(erence, hav~ agreed upon the following report, to wit: The next bill on the Calendar was the bill (S. No. 637) to provide That the House recede from its disagreement to all the Senate ~endmenta ex- for the payment of bounties, &c., to colored soldiers and sailors and cept No. 11, and agree to the same: their heirs. . That the Senate recede from its amendment No. 11, and ap-ee to the same, with Mr. WITHERS. There is an adverse report in that case also. an amendment, as follows: Amend the proviso ~o that it will read: . Provided, That such savings banks now established shall not be reqUll'ed to have Mr. JOHNSTON. Why not let it go off the Calendar T a. paid-in capital exceeding 100,000. The PRESIDENT JYI'O tentjJOre. The bill will be passed over. .JOHN SHERMAN, INDIAN APPROPRIATION BILL. JOliN A. LOG AN, HEl\""RY COOPER, On motion of Mr. WINDOM, the bill (H. R. No. 3478) making ~p­ Manage1·s on the part of tl!e Senate. propriations for the current and contingent expenses of the Indian s. s. cox, Department and for fulfilling treaty stipula.tions with various Indian J. A. KASSON, SCOTT WIKE, tribes for the year ending June 30, 1877, ancl for other pUl'poses, w_as Managers on the part of the House. read twice by its title, and referred to the Committee on Appropna- The report was concurred in. tions. ) 1876~ OONG"RESSION AL RECORD---SEN~TE. WESTEIL~ Al'o.'D ATLANTIC RAILROAD. of silver :which m:.tybeu ed as a legal tender,to 5. · If tha.t coulil he Tlw next bill on _the Calenda-r was .the bill ( S. No. 177) to author- adoptecl, then haruly any oth 'r amendments would ·be pressed by me; ,/ "t izo the Secret·ary of War to adjust arm of remove even the twent'Y-dollrer limitation; but the gretes would be paper lunacy has obtained a footing in the land." And · he thiuks open wide enough at ~~to let loose an irrepres ible ~UJd unlimited in- fib a-lly the p1au of gold resumption not a whit better than that of the undation in the eud. The policy of paying small debts in silver and· demagogues aml rogues. . large debts in gold, however, will be couted by the people uhles the This confident assertion :from so hlgh an aut.hority, imbedded in a metals Rha!l ?e made of equal ya'l ue. SmaU debts due to the poor large array of histrorical fact , glittering with flashes of denunciation must be pa'ld mas good money as large debts doe to the rich-; nor for tLo e who mny enterta:in a different conclusion drawn from tho should even savings-banks be compelled to pay in gold in lump sums same facts, might have deterred me from venturing to sugge ·t any what they may ha,ve received in silver driblets. doubt as to its infallibility, bnt, fortunately for me, I fine something of 11pecific j:rravity; an~ w 11 t 11 il d th l W h to measure value you mu.;t have somethln;r of vnluu-soml'thing'-that requir la- . I prac wa Y g1ve ns s ver, an no mg e se. e ave the voice bor0procluceit. 6-ohlhast!:lisrequisite. 'l'~e-ktarupoan.goludollarsa_,smcftect: o£ Jacob but the hand of Esau. Having no feeling in thl matter to "This Government pled~et! Itl'l honor that tills coin t>~nino-teut-h finn nncl contains make tne waver a hah·'s breadth from what I believe will most conduce 25.8 g-rains i~ weight." The Government st::unp on every piecE\ of coin il'l a ecrtifi- to the public welfare and maintain a decent respect for natioua-1 bon- cat to mankiml that tho bearer bu .~ rendered a. .;ervico unto 1:1oci 'ty which is mcas- esty, I have nronoscd .~.- J.' some amendmeuts, ancl .r.~t lllo to linu' t the amount ure!l by_ that soclOtyio piccopayable returu, of met..'ll, antlt-hat heSuch on demand. is ntit:fefl to an efJul 'alent ervico -from a..dmft hasne>cr yet uccn dishouoree redeemed Y No, sir; ·we make uo promises l<'REI.I:IrGIJUYBEN.}The objection was made by friends of that amendment that it of that sort. "\Ve have promiseu to re(leem Uuited tate uote nn(l woulu baV"e a tendency to make· gold rise in plice. Now sir, I ay ~old ought to rise. Every other commoditv in this country-butcbers1 meat, groceries, provis- he1·e is a bill preseutcd which nominally propo es to do thit~ but in a ion -ev rything that enters fnto domestic use has risen, so that in relation to them coinage of uo greater present value than the paper it elf! It needs grt>enbacks are really at a. d~:preciation of fully 40 per cPnt., while in relation to no seer to prophesy, if we take the first step in the issu of ~;ilver upon gold, whlch has been shom of on of its chief uses by being deruonctiz11d, th same the uar:;it:~ of this bill, that such a step can never uo retraced, but mu, t greenbacks are at n. depreciation of only 10 or 12 per cent. The em.• ct of tl!is is to discourage mining enterprises ana depre. R ruinin,g intoresta. If the Government be followed by the universal and unlimited employment of silver a ev r intends to resUllle sp cie payments tllcso interests t1hould be stimulated and tho exclnsive metallic currency of the United States. encow·a<'ed by every lehritimate moans. If tho uircct proposition were to be made for the adulteration of our Two yt.>ars ago golu was too cheap; now it is not cheap enough. It standanl of legal tender there are few that wonlcl have the ltunliboon and one-hal£ of silver to one of gold, while it stanus to- We have no silver dollars now in circulation-and h:1Ve had none any at tl.le rate of over eighteen to one. Now let me read how easy for 11 quarter of a century-and when we bacl, there was a sufficient it was to get gold. for a resumption of Apecie payments two years ago protection from inflation or from any nnd ue i, sue in the fact tbat sil- a contmstecl witlt tLe insuperable diOiculties pre. en ted a few days ver wa formerly valued at a much higl1er 'Price than it is uow. Tint ago. There wa then no lion in the way and no lack of courage. I here it is proposed to resuscitate silver d,ollar upon a staudard of a will again read from the earlier and, as I tl.link, better speech: gone-by century, ignoring the great depreciation of ilvt·r, and then Gentleruen ask, "llow will you get the gold with which to resume specie pav. to practically make a fomfohl increase of the amount whicl.l may be monts 1" As n g-eneral propolrltion, Iwonlti say that t.hoGovl:'mment should board us d a a legal tender. If the adulteration of the coinage of a nation gol•l; tlJat it hould take no part in tho gold gnmblin~ of thls COlllltry. I admit it de erves the blasting condemnation with which hi torians have vis- would be a gr~ut inju tire to the debtor to t!U.Y that specie payment shall be re· swned imlll(l(ha.tely, beouuse ho contracted his uebt when currency was worlh ited it for ages, this mC'a nre when fully dev~:~lopc~d will not e capa about what it i::~ to-t.lay, uml it wonlU not Le just to make lnm pay in an appreciatct hearcl, Apeaks for his side 1·e:uly tl!an tlle.v are to-da.y. of the Chamber, althongh in a whollydifi'orentvoice from thatof his It lS as thou g h you were owiu~ a certain debt and you a ked your creilitor when great predeces or, llento11, and if hili words f:hould be as mncb re- you shoult.l pay it, and he ahoulo t.l10 currency of tlle conn try at any stated time, tion wn.s last before the en ate and need not and docs not now co t each man v.-onltl h::t'l'e hlslittle amount of gold anu it wonlcl flow into tho country the Government more tuu.u 1Hty-two pence per ounce. Tha gold COt-,t in a. thonsantll'actolin.n streamH. Tbore woultl be JJO doubt about it. The p eople of the dollar propo,ed yiclUs about 13 per cent. profit, that is to say, woulcl be rootl,r. Gold. "rill bo fouud all over this couJJtr.V when you do not uam::~h tLe gold co t of 1,000, exclusive of the cost of coinage, woullo, as in the C!l.'IO of gold, to jlllll{e from the amouut in its po 8e ;o~ion nntl U1e Je. bill i.'i to be auany tl10 pub· to tl.te Uuitt..\cl State es.copt cnt~toms. When tho coantry suall havo lie. Silver llulUou fur coinage itllllU'chasou with sums mlvnncoe payable in gold, fractional currency would not be surrendered for dig~ers, not qual'tz-miners, when they might perhaps earn even moro silver worth 12 to 15 per cent. less. by digging potatoes. Thus far as we stand to-clay tho way is clear. At present we bavo This measure would also be a great wrong upon the laboring-men no silver dollars, and even not enough subsiuiary silver coins yet to of the country. They have been long imposed upon by a depreciated replace the fractional currency; but in the Treasury and in the coun- currency. They are impatiently waiting for a return to specie pay- try there is not less than $150,000,000 in gold-probably more- anu ment , when wages and all articles of consumption shall be adj usted upon a resumption upon a gold standard aU this would be ready for upon a solid basis, and wages very likely would be adjusted upon circulation. There would be so much capital for the redemption or thi silver basis because it is metallic ; but, being 10 or 12 per cent. maintenance at par of so much paper. Bnt start the is ue of silver below that of gold, the laborer would be the sufterer to that extent, legal-tender upon a lower standard than golu, as this bill proposes to and would be the loser of one day's work in every ten, while what- do, and no gold would show itself except for export and perpetual ever he consumed would still be likely to bea.r the old inflated prices. ostracism. 'l'be cheapest money WCiuld be the only money to be hail, I£ be still ow.ed a mortgage on his bouse or farm, it would have to be and a resumption even upon that inferior standard could not take paid in gold, but his $~0 of wages would be paid in silver. Would place until the entire amount required should have been furnished. not that be sett.ing at defiance the divine command, "Thou shalt not To purchase silver bullion and coin it might require a series of years. have in thy bag divers weights, a great and a small " So far as resumption is concerned, we must bear in mind that we have Hard-money men may jump at the conclusion that silver in the no silver dollars, while we have a very considerable snm in golcl. place of paper would be some remedy for our present inflated cur- Whether this is in the hands of the Government m· in the hands of rency, but it would be only a change; intrinsically perhaps better, the people, it will be equally servieeable in tho work of resumption. but much more inconvenient; not any reduction of the amount re- No such extravagant quantity of gold would be required to be sub- quired to be in actual circulation, because of no higher current value. stituted for paper money to bring the latter to par as has been some- The evils of inflation would remain in full force and to the same ex- times estimated. In addition to what we now hold, it is probable tent. .All hope of unity in monetary affairs would be forever extin- that one hundred·millions would be more than enough. Even goltl guished. If the time should ever arrive when it should be thought is much cheaper and the stock of the world twice as large as at tho advisable to unload our depreciated silver, the difficulties in the way beginning of the present century. Our annual export of cotton, would be greatly multiplied. The Government would be unwilling amounting to $11:39,000,000, is all paidforbytlle ''plutocrats" in gol1l, to assume the loss, and debtors would be still less willing to accept or its equivalent. Our exports of wbea.t and flour and other provisions of a higher standard in the payment of debts. Wo should ne.::essarily are paid for in gold or its equivalent, which, with petroleum and to- fall into the examples of former ages, and, as silver became depre- bacco, amount to two hundred and fifty millions more. We have only ciated, clip the gold coins, if any remained, or 1·educe the quantity of to pinch our imports and we shall at once increase our board of golacks--tha.t is, pay more touching both its form and substance. . when be can pay less T First, let us examine the bill in its details with a view to its prob- · To cover every contingency, suppose that, being in commercial able -practical operation. The first section provides for the coinage value less than or equal to greenbacks, it does got into the Treasmy, of a silver dollar of 412.8 grains of standard silver, aud that said dollar and that in the fluctuations of both or either it is enhanced-t hen shall be a legal-tender for any amount not exceeding $20 in any one first come first served. The most active holders of greenbacks would payment, and shall be receivable in payment of all dues to tho United drain the Treasury's till, and the Government would be compelled to States except duties on imports; and that the trade-dollar of 420 suspend specie payments after resumption. As soon as that contin- grains standard silver shall no longer be a. legal-tender. gency did occur no more silver would flow into the Treasury, and The circulating medium of the United States consists of greenba-cks silver-specie redemption would have the fluctuations of the tides and bank-notes convertible into green bas below the other is simply to left, some form of credit had to be used, as some form of credit bad adopt the lower standard and to abandon the only benefit-mntual long before been used, as money ; a portion of this loan by the people corrections-which is claimed for the double standard. It is not tho was so used from necessity-that necessity which is supreme law. "double standard" in any proper sense where all offices of both mu t Now, wo are compelled to speak of the Government and the people from the nature of things be performed by one. as distinct things ; but so far as revenues and debts are concerned, the Is it argued that with silver currency we shall escape the llug-bear revenues of the Government are derived from the people, tho debts of jnflation that haunts the timid mind' Silver currency cannot be of the Government are paid by the people,·a.nd in this regard at least inflated, because it costs labor to get silver. Costs whom anl1 bow the Government is the corporation of which the people are tho stock- much' The man who does get it; a dollar in service to get as much bolders. as will pass for a dollar. So long as it costs a dollar in service to get Let us suppose a corporation composed of one hundred stockhold- a national note for a dollar, there is no more danger of inflation in ers, having exclusive possession of an island cultivated on joint ac- one system than the other. This much for the substitution of silver count: Tbo corporation owes a large debt, larger than it can imme- for national notes as currency in the general business of the country diately pay, one-quarter of wbicll, say :;;50,000, is held by the stock- on the basis of value proposed in the bill. holders in the form of certificates of indebtedness. The directors Let us examine for a few moments the theory of substituting sil- say to the stockholders, the corporation owes you .this amount, and ver for gold in tbe payment of the principal and intere t of the funded we must borrow the money and pay you. Tho stockholders answer, debt. If we have a right to do this, it is purely technical. At tlte these certificates we bold aUBwer our purpose as money; if yon bor- time when we agreed by law to pay principal and interest in coin row the money to pay us, you will have to assess us to pay the interest gold was cheaper than the silver which· it is now J)ropo ed t.o pay, on the loan ; besides all this, our relations to each other have been and that was tho reason of our election to pay in gold. At that time adjusted on those certificates; these relations will bo disturbed and the silver dollar which we now propose to pay bacl no existence in confused if they are retired; if they should bo retired, -we know we fact; it was only a legal :possibility, a very "barren ideality," for it shall have to pay the interest on the loans which absorb them, and had passed out of memory and did not enter into the imagination; it that 10 per cent. of OUT number will then fmnish us certificates of was as obsolete then in fact as it is now in law. The revenues which tbeir credit1 which we shall be compelled to use as money precisely were set apart for the payment of this uebt wore collected in gold, as the certificates we now nse. Then tho directors would answer for there wa.s no silver with which to pa.y them, and no one contem- their parrot-talk, we the corporation owe you, the stockholders, and plated there would be anl· Tho silver dollar was not so much clim- as a point of honor we must assess you to pay tbe interest on what inatod from the law as it flropped ont of it. What shall wo gain now we shall borrow to pay you. by availing omsclves of a technical legal rigbt to J::1Y iu siJver that 1876. CONGRESSIONAL RECORD-SENATE. 3681 which we elected to pay in gold when it was onr intel'est to do so, struction, was still a bnsinese, givin~ employment to vast numbers of and which election has determined the market value of our bonds a,t men and stimulating every industnal pursuit into the hi~hest ac- home :md abroad, the price at which they arc bought and sold f tivity to supply the demand created by the war. The war wa.s a We shn.ll scale down our funded debt 13 per cent., say "'200,000,000. great fiTe, into which every man was throwing his goods at an extr:wa,- But if the argument be correct that the use of silver for all pur- ga.nt price, which the nation borrowed the money to pay. Reveling poses of money will bring its value on the 1msis of the proposed coin- in the riches of the pay, we did not pause t:o reflect that we, the peo- age to that of gold, then shall we take nothing by our device, for ple, were the nat ion, and must pay the debt ourselves. Our riches 13anquo we shall have filed our mind. were like fairy gold. We squandered our inheritance borrowed of What shall we lose f We shall lose the high estimation of public the world and discounted onr future at usurious interest. No man opinion, which is the world's conscience. We shall lose that fine is so prodigal as the borrower who does not thiuk of pay-day, none sense of honor which is the soul of credit, and which it is even more so poor as be when pay-day comes. profitable to the debtor to observe than to the creditor to exact. In But onr prosperity continued years after the close of the war. Yesl the distinction between a moral obligation and a legal right we shall we seemed to be rich on tho very waste of the war; the evidences of place ourselves upon the lower plane. our own indebtedness were counted as riches. We, the nation, owed A nation that owes vast · sums, and whose policy it is to use its us, the people; the fairy gold had uot vanished. There was one ele- credit at the lowest rate of jnterest, cannot afford even to seem to ment of prosperity more real while it lasted, an active demand for seek a temporary advantage by availing itself of a technical right. labor to supply the vacuum created by the war. In the daze of the By keeping upon the high plane of moral obligation, by maintain- hour prices were factitious, extravagance the habit, credit inflated, ing our credit to a nice sense of honor in the forum of the conscience ancllabor wasted in unprofitable enterprises. of the public opinion of mankind, we shall not only honor ourselves But there is no such inexorable creditor as time, and pay-day has and our institutions, but we shall receive a t.e mporal rewa.rd far ex- come. Seven hundred and fifty million dollars collected in taxes ceeding any the tempter can offer. By so doing we shall be able to every yea,r is a. burden n pon the industries of this people which no convert our funded debt into a security, (and there ii a world of magic can conjure away. There are those who :fa.ncy we are suf- meaning in the word security; it does not mean insecurity,) into a fm'ing from overproduction; as if there could be too great a pro- security bearing an interest of 3 per cent. per annum. If we begin duction of what is necessary to the sustenance, the comfort, and en- to palter in :b double sense, and keep the word of promise to the ear joyment of life, while vast numbers are in want. Overproduction only, we shall lose the opportunity to save quadruple our questiona- means inability of conaumers, and every one is a consumer. It is not ble gaim~. too much capital at one end, but too little at the other. We com- Sornet.hing has been said of the Shylock spirit of the creditor which plain that capital does not seel~ new enterprise. How can it, success- exacts the pound of flesh. The phrase is somewhat musty. It is to be fully, when taxation is higher than interest in many other countries. remembered that the heroism of Antouio is shown in his willingness I am not of those who believe that relief can come from all this ex- to submit to the penalty of his bond as he understood it as well as cept through patience, labor, ancl economy. Through these I know the rapacity of Shylock in exacting it; and it is only an evidence of it can, and there is no other way opened up. a satl tendency in human nature that the rapacity is immortalized, What would a man or a. corporation do when embarrassed by debt T tl1e heroism is forgot. If Antonio had promised to pay ducats- One thing, certaiuly: reduco the interest to the lowest possible rate. elected to pn,y gold ducats when that was his rightful advanta~e, A. nation may use its credit with greater advantage than an individ- afterward sought to discharge the debt in silver when he founu a. ual or corporation. It is perpetual, and the markets of the world are profit therein, the world's verdict in the case of Shylock vs. Antonio open to it. What species of loan will command the lowest rate of would have been different; Portia's legal quibble as am-icus Clwice interest J A long loan, on account of it8 permanence as an invest- would hardly have been justified, her divine appeal for mercy sadly ment, and a loan on call, by reason of its convertibility at pleasure. out of place. The national bond which would unite these qualities in the highe~t Sir, t.here is one rule of morals which can seldom mislead : in a degree would be perpetual, but convertible at the pleasUTe of the doubtful question which involves your own interest, give the doubt holder. against yourself. The nation which observes this rulo will find its The English consol is a perpetual 3 per cent. worth 95 per cent. reward exceeding great in this world as certainly as the man who and practically as steady a8 gold. The difference between 3 and 5 does will in the world to come. per cent. on our national debt compounded for thirty-five years would I have reached certain conclusions which I shall state, not in their pay it off. Visionary as it may appear, that is one effect which I be- logical or natural order, but in tl.mt which is most convenient for my lieve can be accomplished by a bond perpetual in terms, interest purpose: · · payable in gold 1 and convertible at the pleasure of the holder into First. That the funded debt of the Government should be paid in United States notes. go1d. How can such a bonn be put upon the market successfully T By Second. That the "double standary the business of the Northern States was never more prosperous tban machinery is a loss of effective power. Friction is to be avoided as during the war. Whyf The war, though it was the busine s of de- much in one C'ase as iu the other. Examine the practical working of IV-231 3682 CONGRESSIONAL RECORD-SENATE. JUNE 8, our ban king system and see if there be not some unnecessary machinery threes, a result I could contemplate with very considerable philo- and waste of power. sophic; composure, even if it were nearer than I anticipate; whilo The Government could only have two objects in issuing green backs: the catastrophe of an entire disappea.rauce of our cm'fency would he first, to obtain a loan without interest; second, to furnish a form of effectually prevented by the option of the Government t.o redeem it credit which should circulate as money. in gole more ea y to which bank officers and stockholders are supposed to. It does every- create a stringency on the bankin~ plan whenever we reach anys,vs- , tbintr pertaining to banking which a bank might, could, would, or tern of specie payment by investing in British consols. But iM t.he sl10uld do, except discount bills and sell exchange, which, in addition ban kin~ system so perfect t.bat it can discover so small a flaw as this to receiving deposits, are the only thingR a bank shoulu do, and which and call it fatal t Are bank-notes subject to 110 vici situues Y no one proposes the Government shall do. While human nature continues as it is, with its thirst for suduen The issuance of bills of credit to circulate as money is not a func- riches, its spirit of speculation, its ruoral epidemics, its periods of ela- tion of banking, but of government, and no bank or individual is tion and depression, we shall be subject to financial crises at the meet- permitted to exercise it under any wise policy except by the consent ing of ingoing and outgoing tides. Even bank officers are not steel and delegation of government. That is evidenced by the cruie we against human emotions or proof against moral epidemics, the excite- exercise t.o guard the privilege. It is a privilege, and that is an odiom1 ments of hope and despondency of fear. 'Vhen revulsions come, as part of it. True, it is a free privilege, but only free to those whose come they will, what can ba.uks do to mitigate them f The da.uge1· circumstances or ability enable them to avail themselves of it. t-o l>anks is from all sides. Their dcpo~itors will be clamorous for pay, If the present syst.em owes ita confessed superiority to the fact (as their note-holders for gold, their debtors mwer so little able to a., si t it confessedly does) that it is based upon the Government credit, why them. They must contract from every quarter, add calamity to mis- not go one step further anu use the Government credit directly in fortune, and redouble the ruin which tbei.r uotes redec~mal>le in golcl place of lending it at 1 per cent. (out of which the expenses of tbe have made them powerle s to with tanu. In no American system of Government's connection with banks must be deducted) and paying banking we have ever had or shall have can any bank in the most 5 or 6f prosperous times redeem its obligations except by going into liquiua-• lf one-quarter the thought and attention had been given to im- tion. Albert Gallatin truly said: ~ proving the national currency there has been to dovetailing into it The bank-note is a. direct promise to pay on the part of the maker, with an im'·' - the hank-uote and maintaining and reconciling a system artificially plied promise never to ask payment on the part of thu reooi ver. complicated, the greenback would have been at par with golu long The interconvertible system has been called intlation. Nothing can 31YO, 0 be further from tho trntb. Under it no one can put a dollar iu circu- lt seems to be apprehended on the one hand that without banks of lation without depositing security for a dollar. Iu that it resembles iRSne there would be a deficiency of currency-that is, that it is nec- and bas u.ll the advanta~es of the national-bank system. Under tbe ~ssary to pay some one to keep up a supply of currency-and, on the national-bank system a bank desiring more currency deposits United other, tbat but for the intervent.ion of bankM the Government would States bonds in the Treasury, gets cnrrency, and draws interest on the " inflate" the currency. Suppose the Government to-day could sub- bonds depositeu; under the interconvertible system, whoever wants st.itute greenbacks for the bank-notes in circulation the volume of more currency must deposit bonds jnt~t as the banker now does, but, currency would be the same, the quality no worse. Do you fear there unlike tbe banker, he would draw no interest. 'Vhatever defects are would be a failure of the necessary machinery for the proper distri- chargeable to the latter system, inflation is not one of them. nut, bution of currency to meet the wants of the people and for the ac- unuer the banking system, whatever profit there is on circula ~iQn is commodation of business! Have the receiving of deposits, drawing an inducemer t to inflation; to 3.n unwise expansion of credit. From exchange, and lending of money suudenly become so unprofitable or the very nature of the system of banks of issue expansion and con- irksome a business 1hat no one will engage in it without the added traction are periodical and ruinous. Banks only issue currency for lll'ewium of a power t-o issue money! the sake of the profit on circulation; they will inflat.e it whenever it. Suppose the substitution made, and to-morrow the currency should can be done with profit, and inust contract whenever their safety is be made convertible into a perpetual 3 per cent. gold bond, would menaced. They contribute alike to t.he excitements of speculative not that improve the currency to the value of such a bond f Make periocls and to the depressions which follow. the bond interconvertible with currency; will not that give it addi- Dean Swift by his Draper letters prevented the circulation in Ire- tional value, by making it the receptacle of the money of estates of land of a copper coin authorized by act of Parliament and certified decedents and bankrupts under administration and giving it a power by Sir Isav.c Newton to be of the weight and fineness requirecl by of a.bsorbing money temporarily idle but wa.n ted "on call 'I" Is there law, beca.nse t.heprivilegeof makin~iti httd been granted to a. private au apprehension that its absorbing qualities would become so great party. The idea of farming out to uanks the privilege of supplying that the currency of the country would rush into it and disappear the people with cun·ency is an absurdity whose enormity is only con- from circulation f That could only happen when such a bond was cealeu by custom. It is reconciled to the habits of men, not to their worth a premium in gold; then the gold of the world would seek it convictions. as an investment, uatil our 6 per cent. bonds cqulr tudes of business. It would at all times be controlled by the banks standard proposed by the Senators from Nevada and Missouri, nor to who would share with the Government the privilege of issuing cur- go further than is proposed by the Committee on Finance. rency. It is a mechanical method of feeling tho way up to the specie The two main question are: point by a series of experiments instead. of rising there through nat- First. Shall silver coin be exchanged for United States notes as ural causes. In what respect is it superior to the interconvertible well as for fractional currency f And, plan with a bond payable in gold f The bon(l it offers bears a higher Second. Is it wise to recoin the old silver dollar with a view to ex- rate of interest. It would compel the Treasury to keep a large gold change it for United St.ates notes f reserve, and enable the banks gradually (and I suppose this t.o be the The bill as reported emuodies both proposit.ions. It is purely a merit of the plan iu the minds of its advocates) to convert United volunta1y process. No one need surrender his notes for coin unless l1e St.n.t.es notes into gold and monopolize the whole field of circulation. wishes to do so. We do not take advanta~re of a puulic creditor to One thing is certain, under any system either the greenback or the force upon him silver coin, for we have given him the assurance of bank-note will disn.ppear from our circulation. No arbitrary fixing positive law that we will on the 1st day of January, 1879, pay all of the amount of gref'nbacks will or OUf:!bt to keep them in circula- notes or demands against the United Stn.tes in coin. We cannot, or tion as mere tenders to bank-notes. We shall eventually have one rather public sentiment will not, al1ow us to pay in gold coin sooner. system or the other. If we have the banking system, there will be By this bill we authorize the Secretary of the Treasury to the extent no 1·en.l retmmption, no holding of golu as a reserve which gives an of the sinking fnnd to pay silver coin to the holder of our notes in absolnt.e assurance of payment ou presentation-thecredit. of the bank- exchange for them if he demands it. In spite of all that has been note will still depend upon the credit of the Government behind it. said about the depreciat.ion of silver, and of our coin being wort.h There will be a great many banks of issue located at points distant less than United States notes, we know there is an eager demand for from business centers, and not of the most convenient access. The silver coin. The long lines of people awaiting their turn at the doors profit on circulation given to the banks will be a premium offered for of your custom-houses show an anxious desire to surrender your prom- iufl&tion, a,ncl a temptation to it, which even the superior human na- ises for bright, shining coin. The instinct of the people, more wise ture of the avern.ge bank director will not always resist. than the calculations of the broker, assures them that hard money, Again, it is urged that under the int.erconvertib]e system the Gov- real money, the result of ancl the representative of labor, is more do- ernment will become a borrower of the idle ca.pital of the country. sirable than a promise to pay money, and especially a promise that Why, sir, tho Government is a borrower now to the amount of more may be broken, changed, evaded, or postponed. than 2,000,000,000, and it can cert:linl;v be no disadvantage to trans- By the law as it stantls only fractional currency, one kind of paper fer any portion of this loan from the idle capital of Europe to that money, is redeemable in silver coin. United States notes alt,hough of this country and from a higher to a lower rate of interest. But it based upon the same promise and of the same or more intrinsic is a stm,nge miSLlSe of terms to call the conversion of the greenback, value than fractional currency, because a legal tender for all sums, which is one form of Government obligation, into a bond which is are not redeemable iu silver coin. Therefore fractional currency is another form of obligation, borrowing. That ought to be the right this day more valuable than United Stat.es notes. Why f :Because of the holcle1· of the greenback if the Government does not reueem they can at will be converted into silver coin, and United States in gold. Equally strange is it t.o call that a loan by the Government notes cannot be. The first effect" of the issue of silver coin is to ad- if the 11oider of the United States boncl converts an obligation which vance the value of fractional currency. In like manner this bill if it bears interest to one which does not. The whole theory of the plan passes will advance the value of United States notes. It will be is to organize the credit of the Government so that the interest paid resumption of specie payments in silver. It will tie our promise!! to Ahall be reduced to the lowest possihle amount; that a creilitor of the pay to the solid basis of a metal which has always been a standard of GoYernment shall at all times have the option of taking a bond which value, is now, and ever will be, and which can only var.v in a com- bears interest, or notes without intel'f'St that will circulate as money; paratively slight degree from the more precious metal which is now and tha.t the bond and note alike shall appreciat.e to par with gold and ever will be the hightst standard of Yalue. with as much ra,pidity as is equitable to existing contracts; and that Now, sir, it is admitted that we are able to pay a portion of our we shall have one currency, good for every purpose, bearing one de- indebtedness. Indeed, a specific fund bas been set a~ide by a law of vice known of all men; not representing a privilege, but the credit the highest sanction to pn.y 1 per cent. of our entire debt, together of the nation ; not regulated in bank parlors, but by the necessities with the accumulation of interest on the funu created by this appro- of tho time; not an idle promise to pa.y if you do not want payment priation, called the sinking fund, and this annual sum to be taken and a broken one if you do, but convertible at all times into au in- from our customs duties is to be applied to the payment of our debt. strumeut which is a draft at sight upon the treasury of the world. What portion of our debt ought to .be annually paid is purely aqnes- Tbe Senator from Ohio in his speech advocating the silver bill elo- tion of puulic policy and iut.erest. We have heretofore paid our queutly reminded us that be proposed to re-introduce the dolla.r of the bonded debt; but this deut is now so Y::tlua.ble that it is worth 18 per Revolution, and invoked upon it the blessing of sacred memories. I cent. more than United States notes ancl5 per cent. more than gold. W:l.S not aware before that any silver dollars were coined. by the United It is therefore manifestly our interest to apply this fund to the pay- States in the revolutionary period of our history. ment of United States notes, ani! this we can now do not only with Sir, we have currency that is consecrat-ed by memories more recent the assent but upon the demand of the holclers of our notes. Why and not less glorious. We can preserve it as a memento of a heroic upon this demand f Upon what ground of honor or interest can we time, make it the symbol of unbroken faith and the pleclge of a fm- refuse to pay this note now due while we are using large sums to pay ternal reunion, whose consummation is alone worth the precious blood bonds not due. They pay a large premium for our uonds worth more that it bas cost. than gold, while we refuse to pay our notes now due and daily quoted Much as I hope for the whole good that can be accomplished by at a depreciation of 12 to 14 per cent. Whatever other l'easons are this system, I do not imagine that if anopteu it wi1l at once start the given for this anomaly we cannot pretend that we are not able to pay laggard wheels of industry and make the waste places glad, but I (10 these notes while we are paying out thirty millions a year in gold to believe it will inspire hope, courn.ge, and confidence, ancl that its aim- buy bonds not due. plicity and justice will commend it to the reason and conscience of Nor can we refuse to pay silver coin for our notes because it is de- the American people. preciated compare(l wit.h gold. That is a question for every holder Mr. President, 'there is one monarch of the world to-day whose of our notes. When be uemands silver it is idle, yes, it is dishonora- throne is above s $3,336,348 at par with · Again, sir, there is a popular instinct which we ma.y call the ''in- gold, ancl when specie payments wore suspendetl antl silver circu- stinct of hoarding," which impels the provident classes of every na- la.t.cu only in the Pacific States and Territories; and since tho hade- tion and tribe of men to hoard the precious metals aH the safest form uollar was substituted for the old silver dollar t.here ha been 1 ned of wealth, either to gratify avarice or to prepare for immediate or np to April 30, 1876, of tratle-dollars the large sum of $14,9l.:l,330. surely approacbing .wants. This instinct is as well gratifie po"" ibility of a dearth of tary exchange. It is the cheapest mode in which we can t·edee m change by issuing silver coin in exchange for United States notes. It Unitef this currency t.o get silver coin may create a serious want of small pays wllere it goes anti a paper dollar whi1;h only promises to pay. change. It is this want that the House of Representatives has at- It will prepare the way for full resumption in gold. To the extent tempted to guard againtst by a bill pened March 3, 1875. let it be understood that this subject shall come up immediately niter This boarnate, wheTe it had to the Committee on the Judiciary. the concurrence of every member of the committee, should have The SPEAKER pro temp&re. The motion will be entered. thought it necessary to state that he regardecl it as vicious. We are ORDER OF BUSINESS. not in the habit of passing clnims in that way. I did believe and Mr. LORD. I move that the Honse proceed to the consideration of still believe this to be a fair and honest claim. the unfinished business relating to the Geneva award. I yield for a The Senator also suggests that he does not believe any precedent moment to tile gentleman from Ohio [.Mr. BANNING] for a motion. can ue found for thi~. The report itself and the record show that there llas been more than one precedent, perhaps half a dozen almost, CO:!\!Mill\'l.CATION BETWEEN COLORADO AND NEW :rt!EXICO. for this very legislation. I said when I was up before that there Mr. BANNING, by unanimous consent, reported from the Commit.tee were precedents for this legislation. I did not say so without hav- on Military Affah·s a letter and accompanying report from the Secre- ing examined t.hem and without knowing that it was so; and there- tary of War, relating to lines of communication between Southern fore I regret very much that my friend should have esteemed this Colorado and Northern New Mexico; which were ordered to be printed, bill and styled it fishy, and thu.t he did not think there were pre- and recommitted. cedents for it. There are precedents for it. 'Then, so far · as the time is concerned, these persons have been DISPOSITION OF SECRET-SERVICE FUND. lrnoc1.."ing at the door of Congress and have never been able to get !-Ir. LORD. I yield now to the gentleman from Illinios, [Mr. any relief. This is the third or fourth Congress they have been CAULFIELD.) here, and before that they were endeavoring to have the matter set- Mr. CAULFIELD, by unanimous consent, reported from the Com- tled before the Department. mittee on Expenditures in the Department of Justice the following I have no particular anxiety to press the bill ; but these men have resolution; wllich was read, considered, and agreed to: been delayed so long, and they have been so literally broken up from Reholved, That the Committee on Expenditures in the De{)artment of Justice be the fact tbat they took these fees believing they had a right to them authorized to print the testimony t..1oken by said committee m reference to the dis- under a former decision of the Department and were afterward re- position of the secret-service froid. quired to pay and did pay them at the sacrifice of almost everything Mr. CLYMER moved to reconsider the vote by which the resolu- they had on earth, and have now been for years knocking at the door tion was adopted; and also moved that the motion to reconsider ue of Congress t.o be re-imbursed. • laid on the table. Mr. CLAYTON. I move that the Senate adjourn. The latter motion was agreed to. Mr. GORDON. Will the Senator withdraw that in order that we may have a few minutes' executive session T ORDER OF BUSINESS . .Mr. CLAYTON. I withdraw my motion for that purpose•. Mr. CLARK, of Missouri. I rise to ::i parliamentary inquiry. I de- EXECUTIVE SESSION. sire to know whether the consideration of the Geneva award billl.tas such priority as to preclude the morning hour 1 If not, I call for the Mr. GORDON. I move that the Senate proceed to the considera- regular order. tion of executive business. The SPEAKER pro tempo-re, (Mr. BLACKBURN.) The Chairwillstate The motion was agreed to; and the Senate proceeded to the con- to the gentleman from Missouri that, in his juclgment, it is within the sideration of executive business. After ten minutes spent in execu- discretion of the Honse, if it flO desires, to defer the morning hour. tive session the doors were re-opened, and (at five o'clock and five .M.r. LORD. I understood that I was recognized, and I made my minutes p.m.) the Senate adjourned. motion. I am at least entitled to have the question put whether the morning hour shall not be excluded. Tho SPEAKER p1·o tempo1·e. The gentleman from New York is en- titled to take the sense of the House upQn the exclusion of the morn- ing hour. HOUSE OF REPRESENTATIVES. ~Ir. REAGAN. In relation to the motion of the gentleman from New York and the opinion which appears to be indicated by tho THURSDAY, J'ltne 8, 1876. Chair, I wish to say that while I have no objection to taking np the The House met at twelve o'clock m. Prayer by Rev. A. l!'. STEELE, bill in relation to t.be Geneva award, and do not wish to throw any of Washington. obstacle in its way, yet if the gentleman f1·om New York can have The Journal of yesterday was read. t.he House by a majority vote to take up that bill when the que. tion cf order is ruade that the morning hour is entitled to precedence, it CORRECTION OF THE JOURNAL. enables this Honse to suspend the rules by a majority vote. I merely Mr. BLAND. I rise for the purpose of correcting the Journal. I mention this point, not that I feel any interest in the present ques- nnderstall(l that the motion which I mado to reconshler the vote grant- tion, but only because, as I understand, the rules of the Honse cannot ing leave for the withdrawal of papers accompanying House bill No. be overridden except by a two-thirds vote. 17:t3 for the relief of Johanna May Page, is ascribed to Mr. HENDEE, The SPEAKER pro tem1Jm·e. The gentleman from Texas will re- when it was made by myself. member that the permanent Speaker of the Honse has over and over The SP.E AKER pro tempore. The correction of the Journal will be again decided that it was competent to tlo away wit,h tho morning mado. hour whenever the pleasure of the House should be so indicated. SWEARING IN OF A 1\I.El\IBER. The present occupant of the Chair is indisposed to overturn a ruling Mr. HOUSE. I desire to Rtate that Mr. Spencer, from the fifth so well Rettlcd. congressional district of Louisiana, is present, and I aak tllat he be Mr. REAGAN. I do not wisl1 to question the decision of the Speaker sworn in. of the House; but it is a little singnlar that a maJority of the Hou~e Mr. ·WILLIAl\1 B. SPENCER appeared ancl qualified by taking the should be able to set a.si5 of the Digest. I INDIAN APPROPRIATION BILL. ask that the rule be reacl. The SPEAKER pro tem1J01·e. The Chair desires to lay before the The Clerk read as follows: Honse one or·two executive communica,tions, and he wHl state that The consideratiQn of the nnfinisliefl business tn which t.bn House may be engaged the communication from the Indi:tn Department came t.o the House at u.n a1ljonrnment ~:~hall be resumeu as soon as the Journal of tho n ext clav is reacl, several days ago and was mislaid, having been placed with other ::m•l at tho same time each day thereafter until diRpo. ed of; and if, from any canlle, 11apers in fb similar em·elape. otbet' bmriness shall intcrveno, it sha.U horesumed as snon as RUCIJ. other l.lll. iut·!ls it~ cl.Jspo, e(l of. Aml the consideration of all other unfinisbecl uusi uess ~:~hall he re- T.I.Je SPBAKER p1'o tempote, by unanimous ccu ent, laid before the sumerl whenever the cla s of busiiless to which it belongs shall b~ in oruer under IIou.se a let~er frorn the Secretary of tho Interior, transmitting a sng- the rule~;. 1876. CONGRESSIONAL ll.ECORD-HOUSE. 3689 Mr. CANNON, of lllinois. I cnll for t.be re~nlar order. the rule which gives unfinished business the precedence, because of The SPEAKER pro te111pore. The gentleman from New York [Mr. the necessity of securing a continuity of business and of procedure LouD] is cntitleu to t.he floor. in· the House. The rule provides: Mr. CAl~KON, of Illinois. The regnla.r order is the unfinished bnsi- The consideration of the nnfinished business in which the House may be ~n­ uess pending in the last morning hour, which was upon the passage Wl:;ecl at an adjnurnment shall be resumed as soon as tho Journal of the next day of a post-route bill. is read, and at the same time each day thereafter until disposed of. Mr. GARFIELD and Mr. CLARK of Missouri. Thnt is the fact. Another rule limits this, so that the unfinished business pertaining ~.1r. LORD. On account of the pressure of this bill and o.thers, I to that particular occasion or time shall come up as unfinis}led busi- move to dispense with the morning hour. • ness. The Chair, therefore, will submit to the House, for the ma- Mr. CANNON, of Dlinois. In reply to that I call for the regular jority to cletermine, the question whether or not they will proceed order. · now to the consideration of the unfinished business of the ruoruing Tbe SPEAKER p1·o tempm·e, (Mr. Cox.) The regular order would be hour of yesterday or the Geneva award bill. the consideration of the unfinished business in the morning hour, the Mr. CANNON, of Illinois. I desire to make one statement, or rather bill reported from the Committee on the Post-Office and Post-Roags. inql1iry, in reference to the rnling of the Chair, and its bearing also Mr. LORD. I movo to dispense with the morning hour. upon the merits of the question. The Committee on the Post-Office aml The SPEAKER p1·o tempore. That is equivalent to raising the ques- Post-Roads desire to have a bill considered which I think can be con- tion of consiueration. sidered and. passerl within an hour; a bill that will save many hun- Mr. REAGAN. Can a majority of the House suspend a. rule and do dred thousamls of dollars to the Government in the letting of con- away with the morning hourf tracts. Under t.be ruling of the Chair I pnt it to the Honse whetQer Mr. O'BRIEN. \Ve have a hundred precedents for that. we sbonld not have this morning instead of being crowded out b.'i" the 'fhe SPEAKER pro tempm·e. That. is often done on appropriation wrangling of private iudividuals as to who sltall have a few millions bill, , &c., on ·other days than Mondays. of the Geneva award . .Mr. CLARK, of Missouri. I will raise the question of considera- The SPEAKER pro tempore. The question is this: Will the Honse tion. now proceed with the consideration of the unfinished business of the The SPEAKER 1}1'0 tempore. The unfinished business is the morn- morning hour of yesterday' ing-hour business coming over from yesterday, and the gentleman The question was .taken; and it was decided in the affirmative. from New York [Mr. LORD] moves t.o dispense with the morning hour, POST-ROUTE BILL. w bich raises the question of consideration. · Mr. HOAH.. I rise to a question of order. TbeSPEAKERprotem.pore. The morning hour now begins attwenty- The SPEAKER pro tmupore. The gentleman will state it. fiye minutes to one o'clock, and. the first thing in order is the unfin- 1\lr. HOAR. The morning hour being required under the rules, it ished bnsiness of the morning hour yesteruay, a bill (H. R. No. :~628) ca.nuot be dispensed with on any other day but Monday, except by est.a blisbing post-routes. . unanimous consent. I respectfully ask leave to say a word or two on :Mr. LORD. I will move that the Geneva award be taken up at the this question, which is Oile of tbP. rilost important and involves the expiration of the morning hour. rigllt of all the committees of this House, except perhaps two or The SPEAKER pro tempore. The Chair will recognize the gentle- ttlrce of them. I uni.lerstood the honorable gentleman who just now man at the end of the morning hour for that purpose. occupied the chau· [Mr. BLACRBUR~] to state that the perma.nent :ftlr. BRADLEY. I ask the gentleman from Illinois to yield to me Speaker of the House had ruled over and over again that the morn- for a single moment. in~ hour might be dispensed with. Mr. CANNON, of Illinois. The bill is under the charge of the gen- Tho SPEAKER pro tempm·e. That bas been done. tleman from Missouri. " Mr. HOAR. No such ruling has taken place when I was present. Mr. MORRISON. 1 demand the regular order of business. My impres ion is that an examination of tho rulings of the Speaker The SPEAKER pro tempore. The question is on the en~p:ossment would show that they were simply that the morning bonr could be and third reading of the bill. mspensecl with by unanimous consent; becanse to set aside this rule Mr. CROUNSE. I move an amendment to the bill t{) strike out line by a majority vote is to destroy the right of every committee of this 557, page 24, "from Kearney, Nebmska, to Custer Cit.y in the Black Honse to have its two morning bours for tbe consideration of its busi- Hills," because it bas alreauy been provided. forin the other bill. . ness, and to put the business of the House under the cont.rol of t.hose The amendment was agreed to. committees lmving the right to report at any time, wbich would be The bill, as amended, was ordered to he engrossed J:~.nd read a third dest ructive of the equality of members upon this floor. If there has time; and being engro~:~sed, it was accordingly read the third. timo, and been any such precedent. est.ablished this session, it must have been passed. without being noticed, for it woulu overturn the universal practice Mr. CLARK, of Missouri, moved to reconsider the vote by which of this House ever sillce its rules were established, and would be a the bill was passed; and also moved to lay the motion to reconsider ruo t uangerous precedent. on the table. .Mr. BURCHARD, of Illinois. I ask the gentleman from Massa- The latter motion was agreed to . chusetts [Ur. HoAR] if he intends to say that it bus not been the LEAVE TO PRINT. practice of the House to take up unfinished. business as the regular Mr. KERR. I ask unanimous consent to print as part of the de- order, to the exclusion of the morning hour, until that unfinished bates some remarks on tbe bill reported from the Committ-ee on business was disposed of f Foreign Affairs, to carry into execution the provit:lions of the four- Mr. HOAR. Undoubtedly the unfinished business comes up before teenth amendment to the Constitution. the morniug hour; that is, when business bas once been entertained. There was no objection, and leave wa-s gmnted. [See Appendix.] by the House aud comes over in regular order, that unfinished busi- MAIL CONTRACTS. ne s is taken up and. completed before the morning hour begins. That is not the proposition bere. If the Geneva award bill be the Mr. LUTTRELL, from the Commit.tee on the Post-Office and Post- unfinished business comin~ over from yesterday, then it will come up Roadt3, reported back a bill (H. R. No. 2684) to amend sections 246 under the rnle, as I hope It will. I do not want to interfere with it and 251 of the act entitled "An act t.o revise, consoli:ntmt>nt," approvefl J nne 8, 18i2, Mr. REAGAN. It is not the unfinished business of the morning as amend c!lby the twelfth section of th o act entit1etl "Au act making appmpria- tions for the servico of tho P ost-Otlice Department for the fiscal year endiu rr .Tnne hour. 30, 1875, and for other purposes," approveu Jnne 2.1, 1874, be amended to roatf'as fol· 1\Ir. BURCHARD, of Illinois. The Geneva award bill was made a lows: SEC. 246. That before the bond of a bidder provided for in the aforesaiil section special orcler to the exclusion of all other oruers, and even of motions is "approYed there shall be indorsNl thereon t.lle oaths of the sureties therein, t.'\k~n to suspend the rules, until illsposed of; hence I take it to be the regu- before an officer qualifietl to au minister oaths, that they ru·o owners of real e. tale lar order of business. worth in the aggregate a sum double th•• amount of saillbond OYOt' and abo\''' all Tho SPEAKER ]J1"0 tempore. Whatever might be the opinion of the debts due and owiug by them and all judgment!!, mortga~es, aucl xccutions Chair, be can only dcciue the question accon.lingto the practice which against them, after allowing all cxemptiunii of every character whattl\'er. Ac- companying said bond, and as u part thereof, there shall be a series of iuterrog:1- has prevailed in the House, and according to what has been freqnently torics in print or "''"!-'iting, to be pre:;cribed by th" Postm;lster-General ami an- done this session, that js, where there is a collision of this kind, as to swered by the sureti~ under oath, sholrill;;'tho amount uf real estate owned by which bu~:~iness shall take precedence, the Chair bas uniformly sub- them, a brief description thereof and its probable Ya.lne, where it i:~ situated; in mitt.ed the question to tho Honse. In regard to matters of this very what county and State tho recor.t evidence of their title exists; the ch:wactcr· of tho incumbrance thereon, whether by mol't.gage or jud~ ent, aurl a. ref erence t.o nature, such as dispousiug with tlle morniug hour, that has been doue the Stato, couut y, ~toll otlico in which tho recortl evidence of such iucum\Jranco t'X- over and over again. '!'here is no doubt of the fact that in the rnorn- ists; wbat exemptions under the provisjons of State laws or otherwlilo caa be lllg hour the uni.inished business is tbo bill r oported from the Com- claimed in favor of tho s m·ctics again st said real m~tat.e : and if tho snroties !;!.mil h11owinp;ly and wi!Hully make falso a.ns wer. thereto thoy shall be duemcol g nilty mlttee on the Post-Office and Pos t-Roatl~:~ ; and that wonltl seem at first of por:jury. awl, ou couviction thereof, be punished as is provided by Ia.w for com- sight to l.Jo the very first business to be atteuded to this morning unuer mh;siun of tllu crime of p ~::tjury. 3690 CONGRESSIONAL RECOI{D-HOUSE. Ju:NE 8. "SEC. 251. That after any regnla.r bidder whose bi'J has been accepted sba.ll fail to BRIDGE ACROSS THE l\ll SISSIPPI. enter into contract for the tr!\nsporta.tion of the mnils according to his proposal, or, having entere(l into contr:J.Ct, sh:~.ll fail to commence tbu performance of the Mr. SLEMONS, from the Committee on the Post-Office and Post- service stipulated in his or their contract as tl;erein provided, the Postma,'ltcr- Roads, reported back, with an amendment, the bill (H. R No. 1741) Gt>neralshall proceed to contrnct with tho next lowest bitlid too high, in which ca.Con_gress to give a fixed and permanent value committee yesterday very important to rue that woulcl not be in- to all money it makes a legal teuiier in payment of honest debts; and wh Prea.<> the cluded under the head of evidence strictly and technically because American Congress is only tho concentrate(} voice and power of the American people, not un been gi von to the bond holding no non bt agree to the suggestion. crecliturs of tho GoYernmcnt (in violation of th..'l.t contract by which that debt was Mr. LORD. I did net yield for any debate or discussion. I merely created) by prornisiug to pay its priucipal and interest. in gold, while the business yielded to the gentleman from Maine for a moment. of thO COUntry is transacted and honcstlriYate debts paid in legal-tender notes pOS· sessin_g less purchasin.g power tban gol ; lJy demonetizin~ silver, which was a le- Mr. BLAINE. It will not take more thnn a moment. f!altender wlmu said debt was created; by permitting the issue of national-bank Mr. HUNTON. I will detain the House but a minute. I desire notr.s for which the people are annually taxed $20,000,000; by permitting national- to :my that we have no sort of objection to publishing the dispn.tch tp bauk notes to circulate as money without pos~:~essing any of its q •·alities, said notes which allusion bas been made for what it is worth and the proceed- being simply tho evideuco of the imlei.Jtedness of certain corpor:ttions, payable in l e~al-tender notes; by exhanst.in .~:r this country of gold by forcing Government ings of the committee yesterday morning. bonds into the bands t>f foreign holders, to whom we have paid over $700,000,000 in 1\'lr. BLAINE. Then just insort in the resolution "includiug the interest during the past twtJlve vears; by calling in aml paying $400,000,0UO of bonds proceeuin_gs before tho committee and the dispatch of Josiah Cald- ill gold before they Wure due; Uy rundering everything erse in the COtmtry value- well." • lel:ls b~· measurin~ its value wit'h a standard having no exi tence; by paralyzing iuclu. tties, destroyiug credits, and bankrupting the people; by promising to r edeem The SPEAKER pro tentpore. That can only be done by unanimous l e~al-tender notes at a stated time without one dollar in the Treasury for that pur- consent. pose-all of which has been done without being petitioned for by the people :md 1\Ir. BLAINE. The gentleman from Virginia accedes to the propo- against their interest : Therefore, sition. Who is there to object 1 Resolved, That the Committee on Banking and Currency be, and are hereby, in- structed to prepare and report to this Honse a.t its earliest convenie1rce a bill or Mr. SOUTHARD, (in his seat.) I object. bills covering the following: Mr. BLAINE. You must rise if you object. Fir·st. 'J hu immediate repeal of the act approved .Tanua.ry 14, 1875, pled¢ng the Mr. SOUTHARD, (having risen.) I object. faith of the Government to redeem its outstanding legal-tender notes with gold Mr. BLAINE. The gentleman from Ohio objects. I do not (lel:l.y January 1, 18i9. . Secoml. Making legal-tender notes and silver coin bearing the stamp or impress the priuting of the testimony. of the United States with its value marked thereon a.leg_a.l. tender equal wit-h gold Mr. SOUTHARD. I desire to say one word. I object to tbe publi- of like stamped value iu payment of all debts, pnl>lic auu privato. cation of anything tha.t purports to be evidence unless it is evidence Third. The substitution of lrgal temler for nationaJ.bank notes and authorizing a system of free ban kin~. 'vitho11t circulation. before that committee. I make my objection for that reason. l!~unrth. The repeal oCtile act of March 18, 1869, promising t{) pay the5.20 bouds Mr. BLAINE .•You did not object to its being suppressed,but you of tho Government in coin, and providing for their payment in lawful money, ac- object to its being published. cording to the contract under which said bonds were issued. The SPEAKER p1'o ternpore. This was n. request for unanimous con- Fifth. Authorizing and direc.ting the Secretary of the Treasury to iss_ne legal- teuder notes to tht'i par value of any bonds of the Government depoiited as secul'ity sent, and the gentleman from Ohio objects. for Raid notes upon the pay'mont of the interest accrui:rg on said bonds wbilo so Mr. LORD. I yield now for a moment to the gentlema.n from h r ld together, with 1 per cent. to the GoYernmcnt by the owners of said bonds for Maryland, [Mr. O'BRIEN.] tlrc use of said not~ll, allll authorizing and directing said Secretary to retnru saitl Mr. HUNTON. The mot.ion to reconsider has not beeu laid ou the bouds to their rightful owuers after proper notice has been l!h·cn and the payment int.u t.ho Treasury of o. like stmi in par Yalue of le,!!al-tende1· notes. table. I make that motion now. · And be it further. reNolved, That it is the sense of tbi1:1 Hnttse that neither gold nor Mr. BLAINE. The motion to reconsider is not. up. silver shoulcllonger be regarded as arbitrary standarda of value in payment of debts Mr. HUNTON. I understood the gentlemn.n to call it up. or Rottlement of exchanges; that they arc jnRt as good, but no bet.ter than paper Mr. BLAINE. I did not call it up. I asked for unanimous con- bearing tbe impress, and representiug tbe entire wealth, intelligence, and Jabot· of a p·ea.t and free governme-nt like the United States. aml for this reason Congress sent. If the motion is before the Honse, I am entitled to the floor should ~ive to each equal value in the payment of all debts. upon it, and it is debatable. Be itjm·thCY resolved, That it is tho duty of the Government to furnish ::r. cRrrency, The SPEAKER pro tempm·e. The Chair did not understand the gen- with a fixed value, equal to the requirement"> of business aml the demaull of an in· tleman from Maine to call np the motion to reconsiue~·· Tho Cb[~ir telligent people, and that no issue of gold, silver, or paper should be permitted to exceed that demand. put the question to him, an <.I the gentleman said he did not call it np. Mr. BLAINE. I would have something to say ou it if it was c:.Llletl Mr. KASSON. I ebject to the introduction of the resolution. Mr. LORD. Let it be referred. npilr. HUNTON. I rise to a question of order. I make the point of Mr. KASSON. I object. order that the gentleman from Maine cannot call up his motion to The SPEAKER pro tempore. The resolution is not before the House, reconsider for one purpose to the exclusion of another. objection having been made. The SPEAKER pro tempore. The gentlema,n did not call up thf\ RAVAGES OF GRASSHOPPERS. motion to reconsider. The Chair put the question to the gentleman from Maine if he dill so, and he said he dicrnment." The recor•l shows that such gross Rum was vbtained-wM obt.ained in the name The SPEAKER pro tempore. Does the gentleman from New York of tho Go,·ernment; that it was in fu.l:l "satisfaction of all the ctaimR," "all the yield to the gentleman from Maine f daD? age that h~s ensued from that cause; " t?at. cL'\ims of iusm·ance companies Mr. BLAJNE. Merely for one word of expla.nation. ag:un~t the Umted Statei have always been dismlsSell by both Congro-s anrl the Mr. EDEN. I call for the reguta.r order. Treasury Departm•·nton the ground that they were paid for the risk and could not ask the GQvernment t{) holcl them harmless. The SPEAKER pro tempore. The regular order is the reading of The fault of England first caused millions of dllllarsin war/remiums to flow into tbetitle of the bill which thegentlemanfromMaryland [Mr. O'BRIEN] the treasuries of insumnce companies; destructions afterwar causei half as much desires 1o call up. to flow ont for war losses. Whi~h most directly ensued from the fault of England, this inflow or the outflow Mr. O'BRIEN. It is a bill to give a gentleman from Maryland re- averagmg at least a year later~ lief from political disabilities. E. W. METCALF, Mr. BLAINE. Let him have it. Owner of Ship Delphine. Mr. McCRARY resumed the floor. W. H. JENIFER. Mr. O'BRIEN. I ask unanimous consent to take from the Speak- PERSONAL EXPLANATION. er's table and put upon its pass:tge the ill (S. No. 773) to remove the Mr. TARBOX. I rise to a question of personal privilege. political disabilities of W. H. Jenifer, late first lieutenant Second Mr. McCRARY. I thought I bad the floor. Cavalry, United States Army. · The I::;PEAKER pro tempo-re. For what purpose does the gentleman The bill was read. It removes from W. H. Jeuifer, late first lieu- from Massachusetts rise Y tenant Second Cavalry, United 8t.ates Army, all political uisabilities Mr. TARBOX. I rise to :1. question of personal privilege. imposed upon him by the fourteenth amendment of the Constitution Mr. LORD. I desire to have the question presented to the House of the United States by re:lBon of participation in the rebellion . whether this question of privilege shall interfere wit.h the business of There being no objection, tho hill was taken from the Speaker's the House. I desire to make the motion, as I admit that the Hou~e table, read three times, and passed, (two-thirds voting in favor ha-s control of the question, that the question of privilege be post- thereof.) poned until after the consideration of this bill for to-day. 1\ffiSSAGE FROM THE SENATE. I admit thn.t a gentleman may rise to a question of personal privi- lege, but what I claim is that the House by a majority vote may con- A message from the Senate, by Mr. SYMPSO~, one of their clerks, in- trol the matter, and therefore I desire that the question of privilege formed the Ho.u se that the Senate had pttssed, without amemlmont, shall be postponed. _ the bill (H. R. No. 2134) making appropriations for fortifications and The SPEAKER pro tempare. The Chair would state that on mn,tters for other works of defense, and for the armament thereof, for the fis- of personal privilege it has been the uniform custom here to allow a. cal year endiug June 30, 1077, and for other pu1·poses. gentleman to rise and state it, and, if it be necessary under t.he rules, The message oJso announced that the Senn,te bad agreed to the re- the Chair can submit the matter to the 'Houl:iC whether or not they will port of the committee of coufet·ence OJ:Ltbe disagreeing votes of the entertain it as a qnest.ion of personal privilege. · t-;vo Houses on the bill (H. R. No. 2441) autboriziug the appointment Mr. LORD. I yielded to the gentleman from Iowa. of receivers of nationn,l banks, and for other purposes. The SPEAKER p1·o tempore. If the gentleman insists, the Chair will The message also announced that the Senate bad po.ssed, with put the question to the House whether the gentleman from Massachu- amendments, in which the concurrence of the Rouse was requested, setts shall bring before the House the question of porsonal privilege. the bill (H. R. No. 2571) making n,ppropriations fo::: the legislative, The rule on the subject is 38 follows: executive, and judicial expenses of the Government for the year end- ing June 30, 1B77, and for other purposes. .Aii.d when flo proposit.ion is submitted which relates to the ptivileges of the House, it is his duty to entertain it, at le'lSt to t.he extent of submitting the qum~tion to the The message also informed the House that the Senate had passed Honse a.s to whether or not it presents a. question of pridlege. bills of the following titles; in which the concurrence of the House was requested: · . Mr. TARBOX. I do not know, Mr. Speaker, that I quite compre- A bill (S. No. 803) to repeal the act granting a pension to Mary H, hend the· ruling of the Chair. Have I tb e .floor, or is the question Bartlett, approved January 28, 1873; whet.her the floor shall be given to me or not f A bill (S. No. 685) to place the name of Daniel H. Kel1y upon the The SPEAKER pro tempm·e. The Chair will st-ate that if any gen- • muster-roll of Company F, Second Tennessee Infantry; tlema.n asks thn,t the matter shall be submit.ted to the House aa to . the entertainment of this question be will submit it under the rules. A hill (S. No. 240) relating to the jurisdiction of tho circuit courts of the United States; and As nobody bas asked it, the question is in order. The gentleman will A bill (S. No. 166) to amend section 1225 of the Revised Statutes of suspend, however, until the Chair will have read to the House the the United St~tes. rule with reference to persons privileged to be upon the floor of the Honse. The Chair is informed that numerous counterfeits of tickets LEGISLATIVE, ETC., APPROPRIATION BILL. of admission have been signed, and that persons not entitled to be Mr. WELLS, of Missouri. I move that tht} legislative, &c., appro- upon the floor hn,ve been upon the .floor to-day, yesterday, and t.he day priation bill, which has just been returned from the Senate with before. amendments, be taken from the Speaker's table n.nd referred to the The Clerk read as follows: Committee on Appropriations, ll.nd tht~t the l>ill, with the amendments No person, except members of the Sen'l.te, their Secretary, heads of Departments, of the Senate, be printed. · the President's private secretary, f01·eign minis\ers, the governor for the time bein!; The motion was agreed to. • of any St.'lte, Senators and Representatives elect, judges of the Supreme Court 01: the United Ster- has a doubtful Union rer.ord, but alone of one who not only was not mitted to go forth to the country wit.hont certain of its mis tatemeuts in the confederate service but was in the Union Army other than by having been refuted on the spot. ·[Laughter from the Republican sicle substitute! [Laughter and a.pplause.] of the House.] Mr. BLAINE. I yield to my colleagne, [Mr. FRYE.] Mr. FRYE. I desire to ask the gentleman now, as he says what I .Mr. FRYE. I desire to ask the gentleman from Massachusetts a stated was untrue, whether or not lle did have a copy of Mr. BLAINE's a question or t.wo. · speech on his desk 7 Mr. TARBOX. I am not under the catechism, but I will listen to Mr. TARBOX. Mr. Speaker, the gentleman should not make a the gentleman from Ma.iner charge and then cross-examine the man he charges with an offense, in Mr. FRYE. Please sta.te whether or not it was on Monday when or«ler to find ont whether it is true or not. yon came to me and aske«l .t o be relieved from your promise that I Mr. FRYE. Well, was it true 7 [After a pause.] I have nothing rdnrned and relieved you; whether it was not on MondayT further to say. Mr. TARBOX. The gentlemg.n is right. I will state it fully. On Mr. BLAINE. I deRire to state the transaction to which my col- Monday, when I came into the House at the opening of ihe ession, I league has referred. I never supposed the occa ion would arise when met. the gentleman from Maine, and suggest.e d to him that inasmuch I should desire or be induced to state it ·in t.be Honse. as Mr. BLATh"'E had returned I might as well introduce the resolution Before I came away from my home last autumn to resume my pnl.>- then, that day, Monday; to which he replied t.hat he p ferred to 1iold lic duties here, I did a many gentlemenhavedone, prepared a speech me to my understanding. I then went to my desk. Some time after- upon an absorbing public question. It was upon the currency. That ward, I would not state the length of:ime, perhaps half an hour; the speech was printed at the newspaper office with which I was for gentleman came to me and asked whether I was willing he shoulU ex- many years connectetl. It was printed in confidence. It was sacrcflly amine the resolution I had prepared. I expres eel mt willingness nnd confiderl to the .Associated Pre s with t.he intimat.ion on the top of the ba.n«led it to hlm, and he retired with it, and was absent some little speech that whoever found himself in possession of a· copy of it be- space. When he returned and handed me back my resolution, he fore its publication was in possession of it wrongfully. said that he relieved mo from my obligation. Circumstances of a varying character ari ing postponed the deliv- :Mr. FRYE. I desire to ask the gentleman a further question, ery of tho speech from the month of December, when I bad expected whether or not he imposed upon me or indicated to me by any words to deliver it, until the lOth of February. Meanwhile, five or six whatever that there was any privacy in the statement made to me weeks before I did deliver it, I asccrtainerl that the ge.ntleman from about his purpose in offering that resolution 7 Massachusetts [Mr. TARBOX] llad a copy in his possession. I think Mr. TARBOX. What! 'he offered it to some new paper men to publish. How it came into Mr. FRYE. Whether you indicated to me by any words you re- his possession I do not know. I never ha.ve been able to ascrrtain. garded the conversation between you and me to be private f I have surmises. I as ert that it was there, and that it was in hi~ Mr. TARBOX. lly no manner of means, sir; and permit me in possession for weeks, and that his holding it was as gross a violatiOn commentary on that to say I make no compbint, upon any law of ob- of the primal 1aws of honesty as though he had held my watch. I ligation between gentlemen of which I know, of the use which bas have never recognized the gentleman since. I have only recognized been made of that. I was applying the principle laid down by the him to-day to state this fa.ct. distingni bed colleague of the gentleman iu another case. [Laughter I now call up the motion to reconsider the re olntion for printing and applause.] certa,in evidence taken before the Judiciary Committee. 1\fr. FRYE. 1 simply desire to state, further, that this communica- 1\Ir. TARBOX rose, tion of what the gentleman from Massachusetts had said to me was The SPEAKER p1·o ternpm·e. The gentleman from 1\Iassacbusetts 1876. CONGR.ESSIONAL RECORD-HOUSE. 3697 rises. Does the gentlema.n from .Maine yield to the gentleman from to lay it upon the table. I do not want to be heard in reply to any- .Massachusetts i body, but upon that resolution . Mr. BLAINE. I will hear what he has to say. l\Ir. REAGAN. I have had no connection with what has been go- Mr. TARBOX. I une heard upon the point of order f Mr. BLAINE. One moment, Mr. Speaker-- Mr. BLAINE. 0, no; I merely insi8t that I have the right to call The SPEAKER p1·o temp01·e. No, sir; there is no necessity of dis- up the motion under Rule 49. cussing t.hat matter on a point of order. The Chair must come to Mr. SPRINGER. I desire to state in explanation that I object to the point of order and decide it for the furtherance of the public busi- the taking up of the motion to reconsider, but I do not object to the ness. The Chair is not here to listen to anything but in expla-na- gentleman from Maine [Mr. BLAINE] rning to a personal explanation tion of the rules which he is bound to enforce. The Chair desires to in reply to the remarks of the gentleman from Massachusetts, [Mr. ask the gentleman from Iowa [Mr. McCRARY~ and the gentleman 'fARBOX.] from New York [Mr. LORD] whether they have not already claimed Mr. BLAINE. I have none to make; I have no personal explana- the floor on the Geneva award bill, and whether some progress was tion to make. not had thereon aft-er the morning hour f Mr. SPRINGER. Then I object. Mr. LORD. We did claim the floor on that bill. Mt-. BLAINE. Object to what T. Mr. GARFIELD. But no progress was made in its consideration. Mr. SPRINGER. To the taking up of the motion to reconsider. The SPEAKER p1·o tentpore. . Did the gentleman from Iowa [Mr. Mr. BLAINE. That is for the Speaker to decide. I have already McCRARYl claim the floor f made all the reply to the member from Massa-chusetts that I nd equippell large part of the fund bas beon distributed. in British ports and let loose upon the hjgh seas to prey upon Ameri- But, sir, I proceed to show, as I believe I can, from the treaty itself, can commerce and to destroy American shipping. This, in a word, from the proceedings at Geneva., and from the award, that the Gov- was the cause of our complaint against Great Britain. It was main- ernment of the United States has retained the cont.rol of this fund ; tained by the Government of the United States from tho very com- that it was paid to this Government as a nation, without any require- mencement that the losses which onr American ship-owners and our ment that it should be distributed to particular claimant , hut with American merchants suftered by reason of these crniseL'S were caused the distinct under tanding that the Government retained the right by the hasty recognition of the belligerent rights of the confederacy to distribute it in its own discretion. and by the subsequent course of the government of Great Britain in :Mr. HOOKER. Will the gentleman allow me to ask him a ques- permitting rebel cruisers to fit out in and sail from her ports. As one tion for information! of the results of these causes the rates of insurance went up to enor- Mr. McCRARY. Certainly. mous proportions. The insurance companies who insured American Mr. HOOKER. Are you prepared to state whn.t proportion of this ships charged very high war prAminms; and as a result of the busi- award has been paicl to these insurance companies in comparison to ness of insuring American ships and cargoes aga.i nst war risks, the what has been paid to actnallosers t insurance companies, which are now claimants for a portion of t his Mr. McCRARY. Mr. Speaker, under the law as it stands insurance fund, realized a profit in the aggregate of more than $2,000,000. Va- companies are entitled to their actnallosses, and I am told that they rious ships were destroyed that were not insured. Persons who paid, have claimed and recovered a small amount, a very small amount, be- because these cruisers were abroad upon the ocean, large sums of cause there were few companies that did not make money out of war money as war premiums now ask, and I think justly, to be indemni- risks. fied from this fund. Mr. CAULFIELD. The amount of claims put in was $48,000, and It is not my purpose to enter into detail. My task shall be to es- they proved 12,000. tablish the proposition that it is wit.hin the power of Congress to Mr. McCRARY. Now, sir, I insist nuder the treaty it was intended exercllie a discretion in the distribution of this fund and so to ills- that if a sum in gross should be paid to the United SLates, that sum tribute it as to pay the actual losses, so as to pay the actual sufferers should be paid to the Uniteu States as a nation without re triction as the amounts which they lost by reason of Great Britain's wrong. I to t.he disposition of the fnnd by this Government. By reference to maintain, Mr. Speaker, that Congress is not bound to pay over this the treaty it will be seen that two plans were proposed for the settle- money or any part of it into the coffers of corporations that were ment of these claims. first it was proposed that the arbitrators enriched by the recognition of the confederacy by Great Britain and might, if they saw fit, provide for the appointment of asses ors be- by the fact that confederate cruisers were J?e'rmitted to be abroad fore whom all private claimants should pre en t their claims and prove upon the ocean. If, sir, this great arbitration between these two them up. Or, if that was not agreed to, then it was proposed and great nations has had no other result than this, that the fund received provided that a sum in gross might bo paid by the government of from Great Britain in order to carry out the award must be carried Grea.t Britain to the Government of the United States. into the coffers of corporations that lost nothing but really enriched And now I want to call the attention of the Honse to the two arti- themselves by reason of the wrongs for which our damages were cles of the treaty, the one which provides for the appointment of as- allowed, then our boast as to the honor that has been conferred upon sessors, and the other which provides for the payment of a sum in this nation by the treaty of Wa-shington and the Geneva award is an gross. I ask the especial attent.ion·of the House to the difterence empty boast. uetween these two articles, because the difference is very striking, Now, I maintain the proposition that the Government of the United and, as I think, very significant. If the proposition to refer the States has not put itself in this attitude; but has from the beginning claims to assessors had been adopted, then it was proviued that to the end of this great and to us highly honorable controversy reserved those as essors should be gnlded and governed in the allowance of. the right to distribute this fund as right and justice and good faith claims by the deciBions and findings of the board of arbitration. But may dictate. If I cn.n settle that proposit10n, I think there will be in case a sum in gro s was allowed to the Government of the United little doubt a.s to what the House will do with the pending bill. The States, a very different provi io:.1 was made. In the latter ca e there report of the majority provides a just, an equitable, a fair distribu- is no limitat.ion to be found in the award except this : that the , nm tion of this fund, a distribution such as I am sure the Honse will not paicl to the Govemment of the United States shall be in satisbction hesitate to agree to, if we shall find that this discretion exists. of all the claims referred to the tribunal. 187G. CONGRESSIONAL RECORD-HOUSE. Let me can the attention of the House to the exact language of But, sir, the counsel of this Government were not false to their these tw·o articles, and comment brietly on them. Article 7, which client and to their high trust. They did not fail to do their duty. relates to the payment of a, sum in gross, provides as follows: They did not violate the order and the instruction w hicb this Govern- In case the tribunal finds that Great Brit.'l>in has failed to fulfill :my duty or du- ment had given them. They were careful from the beginning to the ties as aforesairl, it may, if it think proper. proceed to award a sum in gross to be end of the negotiation to make it a negotiation between the two gov- llaiu by Great Britain to the United States. ernments alone and not in any manner to commit this Government For what t For such claims as the arbitrators have specifically to do injustice as between its own citizens. Our counsel, in pursuance allowed f :For any particular claims, to satisfy any cla..ss of claims to of this instruction, said to the tribunal: the exclusion of others Y No, sir. These claims are all preferred by the United States as a nation against Great To be paid l1y Great Brit.'l>in to the United Sta.tes for aU the claiw.s refe:rred to it. Britain as a nation, and are to be so computed n.nd paid. For all the claims referred to the tribunal. Now, sir, that is pecu- Now, sir, what did they mean when they said that this money was lia.r language, and it. must have been inserted in the treaty for a pur- to be paid to the United States as a nation T It follows inevit-ably pose. I shall show, Mr. Speaker, presently that this language is re- that it was not paid to the United States as a mere attorney or agent veated, with little variation, several times in the treaty and in the or trnstee for any class of claimants whatever. award. Mr. HURD. The nation mav be a trustee. But when you contrast it with article 10, which provides for the Mr. McCRARY. The nation', my friend from Ohio says, may be a appointment of assessors, the House will di cover at onco why this trustee. So it may. But you must put your finger on the authority difterE:nce, why this peculiar language in one article which is not which makes it a trustee. Where is the anthorit.y in all these pro- found in the other. Article 10, which relates to the allowance of ceedings for saying that this Government accepted the position of a claims by assessors, is as follows: trustee, much less of a trustee for the insurance companies or for any In case the tribunal finds that Great Britain has failed to fulfill any duty or duties particular class of theseclaimn.nts T Why, sir, from the very beginning as aforesaid and does not award a sum in gross, the high contlading parties agree this Government insisted that aU these wrongs and injuries result- that a board of a sessorsshall be appointed to a certain and cletermine what claims ing from the recognition. of the confederacy aB a. belligerent nation are valid and what amount or amounts shall be paid by Great Britain to the United were just claims of damages on behalf of the citizens of the United Staws on account of the liability arising from such failure as to each vessel- States. The Presitlent in his message as early as 1870 recommended Here is the point I call the attention of the House to- to Congress that all these claims be allowed and paid by this Govern- as to each vesselaccording to theextent of such littbility, as decided byt.hearbitru.tors. mont as a basis for a claim to be made theraafter by the United States Now,-Mr. Speaker, why was not that language in article 7! Why against Great Britain. It is not to be presumed, sir, that this Govern- was no limitation put upon the Government of the United States as ment, for the sake of collecting money to be paid over to the insurance to the (lispoaition of this fund! It was provided in case assessors companies, intended to sacrifice the rights of other claimants whose were appoiuted th~y should be guided by the decisions of the arbi- claims were far more meritorious. · trators, and it was provided if a sum in gross was paid to the United Well, sir, did the Government of the United States ever waive its States it should be for "all the claillli! referred to the tribunal." right to distribute this fund in its own discretion T If so, when and Now, sir, it is very plain that a different mode of distribution was where! Not surely by the awaffl which it consentecl to and nnder intended under section 10 from that which is provided under section which it received the money, for I will now undertake to show to the 7. I will show as I proceed why it was that the ~bitrators were House that the most conclusive of all the proof on this subject is the carefult and why it waa that this language was inserted; that it was award itself, and that, Mr. Speaker, is the instrument under which simply and so1ely because it was the settled policy of the United the money was paid. If anywhere the e is to be found evidence to States to insist that this Government should not be committed as to show what the United States was to £1o with this fund, surely it must the mode or manner of the distribution of any gross sum that might be in the award, the final end, conclusion, and summing up of the be allowed. Hence it was that when they provided for a sum in whole matter. If the United States is a trustee for auy particular gro s they provided nothing but that it should be in satisfaction of cla.ss of claima.nts, surely we will find some evidence to th:~>t effect in all the claims; but when they came to talk about submitting these the award which directed the money to be paid. claims to assessors, then they inserted the restrictions. Now let us turn to the award for a moment and see how careful It was of importance to Great Britain in case the claims were to be the representatives of the United States were to carry out and not .settled by assessorst without any maximum sum being named in the violate or disregard the injunctions of the Government in regard to treaty, that the rules should be laid down whereby these claims should leaving the United States perfectly free and in no manner committed be determined and the amount paid to each claimant should be fixeu. as to the mode of distributing this fund. I read now from the a warn But, ~:>ir, when it was proposed to pay a sum in gross to the United itself: · States in satisfaction of all claims, it became a matter of no conse- The tribunal, making use of the authority conferrea upon it b;y article 7 of the quence whatever to Great Britain wha.t the United States did with said treaty, by a. majority of four voices to one, awards to the United States a. the money. sum of $15,500,000 in gol(i, as the indemnity to be paid by Great Britain to the United States, for the satisfaction of all the claims referrecl to the con~demt10n of l shall recur again to some other features of the treaty before I con- the tribunal, conformably to the provisions conta.ined in article 7 of tho afm·esa.iu clude, but I pass now to show by the proceedings at Geneva that this treaty. Government is not committed as to the disposition of thi~:> fund. Our policy on the subject was declared in language that cannot be mis- Now, there are two or three things that I wish to call attention to understood in the instructions given by this Government to our coun- in that part of the award. The money was awarded to the United sel at C'..eneva., from which I read as follows; and as I regard this as States, not to any claimants, not for any particular cl:limants, but "as very significant, I would like to have the eryone of the ~aid c!a.ims, whetber the same may or may not have been pre- came necessary in the course of that negotiation for our counsel to sen tea to tho no tic , of, or made, preforrecl, or· laid before the tribunal, shall hence- determine the question whether we should withdraw from the arbi- forth be considered and treated as finally settled, barred, and inadmissible." tmtion or tie the hands of this Government in that way, it would And yet, Mr. Speaker, it. is seriously contended that by that award have been the im:perat.ive duty of the counsel on the part of the the Government of the United States holds this fund as a mere trus- United States to insist upon a withdrawal from the negotiation. They tee to pay to a certain class of cla.iruunts. The award was not for were commanded by their Government to see to it that the Govern- specific claims. If snch .had been the purpose of the tribunal, it ment of the United States was left free as to- would haYe been very easy to have expressed it. The tribunalfound ,_The disposition of wha.t may be awarded" and especially free "to decide as to no difficulty in expressing its iuea in reference to t!J.e allowance of the rights and claims of insurers upon the termination of the case" aml to clis- ~~~~.,~~Jes~~mu.f:~rb~~~ tho name of t.he go•e,·mncnt "without committal as claims by assessors, and it would have found no difficulty in sa~·ing, "the tribUllal awards to the United State~ $15,GOO,OOO for the p:.trpose :1700 CONGRESSIONAL RECORD-HOUSE. JuNE s, of paying the claims of certain claimants, according to the decisions of t.he award, which declares that the sum awarded is the indemnity to be paid by of the tribunal." It would ha.ve been easy, I say, to have inserted Great Brit.ain to the United States for the satisfaction of all claims referred to the consideration of the tribunal. language of that sort; but, sir, our counsel stood there, anti they had been instructed by their Government that they were not to submit to He further says : anything of that sort; that this Government would not take the The arbitrators, be it Qbserved, do not say that it is for the ~~atisfaction of cer- money if it should be bound by the award t() do anything with it tain specific claims among those referred to the consid<>ration of the tribunal, but which it did not believe to be right and just in its dealing8 with its of all the claims so refeiTed conformably to the provisions of the treaty. own people, and hence it was that all Great Britain demanded, all And again, and moreespecia,Jly upon the point which I am cliscoss- 1 the United States submitted to was, that it would take tbis money ing, as to whether the counsel of the United States carried out the and it would be considered a full settlement of all the claims referred instructions given to them by this Government, Mr. Cushing in a to the tribunal, not all the claims allowed by the tribunal, not all the more recent opinion sa.ys: claims coming within the interlocutory decisions of the tribunal, but The counsel of the P'nited States were specially instructed by the Government all the claims referred to the tribunal. to avoid committin~ the Unite.d Stat~a to any tbe01',V of distribution as re~rards Why, sir, it is even provided that this fund paid to the United either claims or ola1mants, and especially not to commit the United States in the States shall be in full satisfaction for all claims whether presented to matter of the claims of insurers. the tribunal or not. How could the United States become a trustee * * • * * . 5. The counsel of the United States ob£1yed the instructions given them, and did for the payment of specific claims under an instrument like that f not commit tho United Statt>s to any thoory of distribution whatever, either by way A trust is not ordinarily created without some langua,ge being used of inclusion or of e.xclnsion, but left that question to be determined by the wisdom implying that there is a trust. NQ man can read the award of the and discretion of Congress. . tribunal which I have read to the House and say that it was in the The United States at Geneva laid before the tribunal all the claims of citizens of the United States which had been presented to tho Government, without vouching minds of the arbitrators to limit, prescribe, and control the mode for the YHliility of any of them; but insist-ell that the United StAte! were not bound of distributing that fund. by t.ho printed schenr Government in making such allowance to claimanta before tribunal and ha~ viola,ted its promise to the people aud t.o the claim- us as in their judgment and discretion Congress might think proper. Jn fact, the ants, and has so conducted that negotiation that the citizen who lost vc~y able committee, to whom t.he British board of trade referred the investi~ation of the pointa at issue, say, in their report: "The proper compensation for the tosses his all can recover nothing from this fund, and t.he insurance com- occaaioned by the cruisers is the question we have to examine; but with the modo pany that made its million shall carry off its whole claim f Sir, you of distributing that 3IDong the various claimants the American Government alone disgrace the nation when you say it acted as attorney in this case, is concerned." and you disgrace it more when you undertake to show to Con- [Here the hammer fell.] gress and the American people that when acting a~ attorney it cou- Mr. LORD. I ask tha.t the gentleman be allowed to continue; but ducted itself in this way. No lawyer could reLain his place at the I had agreed that at this point of time I would yield an hour to the bar in any respectable court on the face of tho earth who should so gentleman from Kentucky[Mr. JoNEs] on a.nothermatter. Doesthe betray his client. gentleman from Iowa [Mr. McCRARY] prefer to continue his remarks Mr. LORD. I move the consideration of the Geneva award bill lte now or at some other time f ,POSponed until half past seven o'clock this evening, and that in the Mr. McCRARY. I shall conclude in a very few minut-es, and I pre- mean time Mr. JoNES, of Kentucky, be permitted to caJl up a bill fer to go on now. which I understand had precedence of the Geueva awa,rd bill, but WaB The SPEAKER p1·o tempore. If there be no objection the gentleman yielded in order to give me the floor. will proceed. The SPEAKERp1·o . ten~pore. The Chair hears no objection, and it There was no objection. will be orderedaccordingly. 'fhe Chair understands that no business :Mr. McCRARY. Further on in this same opinion this court says: whatever is to be transacted in case a night session is had. The Government of t,he United States accepted the sum awarded in full settle- :Mr. LORD. I intended that :J,s part of my motion. · ment of all the claims comprehended in the terms of the treaty, and soon after- CONSULAR AND DIPLOMATIC BILL. war-d Congress passed the act providing for its distribution among the claimants, .which is to be our chiuf guide in the actual work of distribution. It is clear that Mr. SINGLETON. I move to take from the Speaker's table a bill the Government had the right to pre8cribe the terms on which claimants should (H. R. No. 1594) making a,ppropriations for the consular and diplo- present their claims. They were not strong enough to oompel payment of the ma~c service of the Government for the year endinO' June 30, 1877, money by Great Britain, and when this Government obtained It the claimants had and for other purposes, and move that the House further insists on its no legal rights to it exCt'pt that which this Goverruilent, by its own acts, chose to owcord. They must, therefore, take their respective shares of it subject to all the disagreement-to the amendliients of the Senate and agrees to the com- conditions whWh the Government has thought fit to appoint, or 110t take them at mittee of conference asked for on the part of the Senate. all. The motion was agreed to. I might read from numerous opinions of that court; but I will con- The SPEAKER pro tempore. The Chair appoints as the committee tent myself with reading only from one more, which is a very recent of conference under the order just ma,de Mr. SINGLETON, Mr. RAN- case. I refer to the case of Rhind vs. 'l'he United States, in which the DALL, and Mr. W ALDRO~. court say: CHEBOYGAN. The award was made in favor of the Government Md not in favor of the claim- Mr. BRADLEY. I move, by unanimous consent, to take from the ants. The Government thus vindicated the national honor; but it did not assume Speaker's table the amendment of . the Senate to the bill (H. R. No. to pay any particular class of claimants, nor any particular claiii). Having ob· t<.~ined the mone:y by its own act aud at its own cost, it ha.cl the right to prescribe 2140) establishing Cheboygan, in the State of Michigan, a port of de- the terms on which the distribution shQuld be made. It certainly had the power livei'Y· · to exclude certain claimants and to include others less meritonous. In the act The motion was agreed to. now before us, claimants are excluded who believa themselves justly entitled to a part of. the fund; but they .hM·e no power 1() assert their right to it. -'Under the The Clerk read the amendment of the Senate, as follows. powers committed to us we have in some instances rejected altogether claims :!?re- At the end of the bill insert the following: sented at Geneva, a.nd in many more instances we have largely reduced such claims And all acts and parts of acts declaring Duncan City a port of entry are repealed. in amount. The amendment was concurred in. So I think, Mr. Speaker, I have shown that by the treaty itself, :Mr. BRADL.EY moved to reconsider the vote by which the amend· by the proceedings at Geneva, by the terms of the award, and by the ment was concurred in; and also moved that the motion to recon- decisions of the only court to which these questions have been sub· sider be laid on the table. mitted, it has been settled that this fund was paid to the United The latter motion was agreed to. States to be distributed among the sufferers by reason of England's wrong in its own discretion. ENROLLED BILLS SIGNED. It is claimed that the United States acted in that arbitration a~ Mr. HAMiLTON, of Indiana, from the Committee on Enrolled the attorney or as the agent of these claimants. I deny it. There is Bille, reported that they had examined and found truly enrolled bills no evidence to support it. All the evidence contradicts the proposi- of the following title; when the Speaker pro tem.pore si~ned the same: t-ion. But sir,- if the Government of the Unit.ed States did assume An act (H. R. No. 26) to remove the political disabilities of Francis the position of an agent or an attorney it was alike the agent and rep- T. Nicholls, of Louisiana; resentative of all the claimants named and r~:~ferred to in the treaty An act (H. R. No. 2288) granting a pension to Fannie S. White; of Washington. And if gentlemen could sustain the proposition that An act (H. R. No. 3033) for the relief of A. F. McMillen, late cap- this Government was there in the cap:wity of an agent, not to settle tain First United States Heavy Artillery; and great questions of international law, but to collect certain claims An act (H. R. No. 3179) granting a pension to Thoma.,520 To ?t!r. WELLS, of Mississippi, for three weeks from June 10. annually. , Very respectfully, ORDER OF BUSINESS. B. H. BRISTOW, oecretary. The SPEAKER.pro tempore. The gent.l eman from Kentucky [Mr. Hon. T. W. FERRY, JONES] is entitled to the floor. President of the Senate. Mr. PAGE. Has not a motion been made to adjourn T PETITIONS AND MEMORIALS. The SPEAKER pro tempore. The gentleman from Kentucky bad the floor before the motion wa-s m.'lde to adjourn and has the right Mr. KERNAN presented a petition of citizens of Pittsburgh, Penn- to state his motion. sylvania, praying for the repeal of the bankrupt law; which was re- Mr. JONES, of Kentucky. I desire to call np the bill (H. R. No. ferred to the Committee on the Jndiciary. 2798) to authorize the Washington, Cincinnati and Sai.nt Louis Rail- He also presented a petition of citizens of Cleveland, Ohio, praying roacl Company to construct a na.rrow-gange railway from tide water for the repeal of the bankrupt law; which was referred to the Com- to the cities of Saint Louis and Chicago. This bill ha-s been a special mittee on the Judiciary. order since the lt:lth of April. It is a short bill and I think we can Mr. INGALLS presented a petition of delegates of the Cherokee pass it in half an hour. I do not propose to {liscuss it unless it is Nation of Indians, praying the passage of a law extending the t.irne opposed and questions are asked in regard to it. llut I hope the bill in which to make applications for pensions by members of that nation will be read and attentively listened to by the House. who were in the late war; which was referred to the Committee on Mr. NEAL. I move that the House take a recess until half past Pensions. seven o'clock. · Mr. PATTERSON presented a memorial of citizens of Cbnrlest.o n The SPEAKER pro tem.pore. The gentleman from Ohio moves that Count.y, South Carolina, remonstrating against the adoption of that tho House take a i:ecess until half past seven o'clock when, by pre~ portion of the proposed treaty with the Hawaiian government whi~h vious order, the House will meet for debate only on the Geneva award admits the free importation of rice into the United States; which bil]. was referred to the Committee on Foreign Relations. Mr. HARRIS, of Virginia. I hope the House will vote down the REPORTS OF COMMITTEES. motion for a recess. The bill called up by the gentleman from Ken- Mr. DE'to.TNIS. I am directed by the Committee on Comm~rce, to tncky is a short bill and ought to be acted upon. whom was referred the bill (H. R. No. 2799) to amend certain E:ectious Th) question being taken on the motion for a recess, there were- of titles 48 and 52 of the Revised Statutes concerning commerce ruJd ayes 56, noes 54. navigation and regulation of steam-vessels, to report it back with So (further count not being demanded) the motion wa.s agreed to. amenuments. I will state that the bill has been in the hands of the And accordingly (at four o'clock and thirty minutes p.m.) the House committee for a considerable time, but owing to circumstances over took a recess until seven o'clock and thirty minutes p.m. which they had no control it has not been acted upon until the pres- ent time. EVENING SESSION. BILLS INTRODUCED. Mr. INGALLS (by request) asked and by unanimous consent ob- The House re-assembled at half past seven o:clock p. m., Mr. Cox tained, leave to introduce a bill (S. No. 914) to repeal an act entitled in the chair as Speaker pro tempore. ".A.n act to incorporate the proprietors of the Glenwood Cemetery," The SPEAKER pro tempore. The session t.his evening will be de- approved July Zl, 11:!54; which was read twice by its title, referred to vot.ed to t.he discussion of the Genova award bill; no vote to be taken the Committee on the District of Columbia, and ordered to be printed. and no other business to be transacted. Mr. RANSOM aaked, and by unanimous consent obtained, leave to After a pause, introduce a bill (S. No. 915) to remove the political disabilities of D. Mr. NEAL. There seems to be no gentleman present to address H. Hil~ of North Carolina; which was read twice by its title, referred the House, and I therefore move that the House do now adjourn. to the \Jommittee on the Judiciary, and ordered to be printed. The motion was agreed to; and accordingly (at seven o'clock and forty minutes p. m.-) the House adjourned. SAMUEL H. CANFIELD. Mr. WRIGHT. If there be no resolutions, I move that the Senate proceed to the consideration of Senate bill No. 71~. . PETITIOl;S, ,ETC. The motion was agreed to; and the Senate, as m Committee of the The following memorials, petitions, and other papers were presented Whole, proceeded to consider the bill (S. No. 715) for the reJief of Sam- at the Clerk'R desk under the rule, and referred as stated: uel H. Canfield, postmaster at Seymour, Connecticut. It direct the By :Ur. RILL: Memorial of citizens of Morgan and Walton Counties, Postmaster-General to allow Samuel H. CanfielU, postmaster at Sey- Georgia, for a post-route from.Rutlcdge to },air.Play, Georgia, to the mour, Connecticut, credit for such a sum of money, not exceeding Committee on the Post-Offi.ce.and 'Post-Roads. $35~, as shall cover the amount of money-order funds aud po:;t-offit:e 1876. CONGRESSIONAL RECORD- SENATE. '3703 stamps which shall appear to the Postmaster-Genera], upon satisfac- ter their lands under the pre-emption law. It provides also that the tory evitleuce to him, to have been stolen from the office of that post- heirs of persons who have made valuable improvements upon these master on ihe night of the 30th of Murch, 1874. lauds may enter the lands in accordance with the pre-emption law. The bill was reported fi·om the Committee on Claims wit.h an 1<1uther, it makes a small appropriation to provide for the survey of amendment in lines 5 anfl6, to skike out" uot exceeding $352" and the lands. insert "not exceeding $193.:36 on his account for stamps, nor exceed- The PRESIDENT pro tempo•re. The question is on the amendment ing $158.oii on his money-order account;" and after the word" stolen," of the Committee on Public Lands. in line 12, to insert •'without fault on lris part." Mr. SHERMAN. I have found out where this reservation is. I Mr. EDMUNDS. Let the report be re8d. . ought to state to the Senate that it is a very valuable reservation. I The Chief Clerk rea.d the following report, submitted by Mr. WRIGHT was there a number of years ago. It is about two hundred miles from from the Committee on Cl:.tims May 31: Omaha, is it not f The Committee on Claims, to whom was referred the bill (8. No. 715) for the re· Mr. HITCHCOCK. Ye.s, sir. Her of Samuel H. Caufield, postmaster at Seymour, Connecticut, submit tbe fol- Mr. SHERMAN. At that time there was a town on the reserva- Jowin~ report: tion. Is there not a town there callell Oldtown, and also a fort T It appears from the report of the special agent of the Post-Office Department ap- Mr. HITCHCOCK. There was a town near there at one time, I will pointed to examine the facts and all the circumstances attending the alle~ed loss m this case, tllat Mr. Caniield is a first-class man, anill was afterward called up for of Mexico where there is a great deal of wealth as I understand, t.o consideration, and on motion of tlte Senator from Vermont [Mr. En- the importance of having this com·munication opened to Texa . lt MUNDS] was postponed indefinitely. I hau not an ~pportunity at would open up a vast trade between that portion of Texas all(l all the that time to say anything on the bill, and it seems not to have been States, especially the Western and Northwestern States. From Maz- 1 1876. CONGRESSIONAL RECORD-SENATE. 3705 atlan to Guaymas there is a district of country between the Gulf shore Mr. WEST. The amount asked for in this bill is no great sum, and aniduahnr- proposed route between these pomt.s. . veying party sent down there to Mexico would be met on tho confines Mr. EATON. I should like to ask my friend one question, and that of that territory with the objection that. they wore intruders; bnt is where he gets his information t.hat there is any such amount of going there by co-operation between this Government and the gov- sugar or tobacco raised on this territory that he is speaking of as there ornment of Mexico, they will have that official and authoritative is on the island of Cuba f I have been unable to find any such infor- sanction which will enable them to pursue their labors. Hence this mation. appropriation is asked for from the Government of the Unitet.l States, Mr. CAPERTON. I hope the Senn.t orfrom Connecticut will inves- and it .is but a very small trifle in contrast with what has been dono t.if{ate this question; and I am sure if be-bad investigated it he would for other sections of the Union. This is a proposition to inquirf>., to have found. this to be the fact. Of course they do not raise as much examine, t-o see whether there is not some outlet through southern sugar there now as they do in Ctlba; but the idea I intended to con~ territory to the Pacific Ocean. Yon of t.he North have yournorthern vey was that being a. tropical country they have the opportunity by communications; you have had your millions and your hundreds of climate and by soil to raise sugar probably to as great an extent as millions spent to facilitate that communication and to benefit. your in Cuba. They do make a great deal of sugar now, alld they make a property. We ask you to give us this little amount to see·whether great. deal of tobacco; they abound in every variety of tropical.frnits. we cannot find our way to the ocean, and we are· met here by an ob- This is a point interesting to us, that the Mexican tropics are the jection that it is too much money. Mr. President, it is not generons, only tropics with which we can have railroad communication. To get it is not fair or equitable. If we are required to build our roads, to Cuba we have to cross the ocean. Here we shall have a continuous open the highway to us, show ns the route, at leaat go t.o that ex- milroad line connecting with the railroads throughout all portions pense on behalf of that section of the Union. I have no expectation of this country, extending and ramifying through the Ea~t and West, that we can pass this bill now; but I think, out of consideration for that will connect with this .tropical region which would furnish us its claims, at least the motion to reconsider and place. the bill on the an almost inappreciable amount. of products. Calendar, where it can receive the consideration of the Senate, should I say, sir, that apart from the grca.t question as to whether this can be accorded by the Senate. be adopted as an interoceanic line, it is exceedingly important in Mr. MAXEY. Mr. President, I trust the Senate will place this bill that point of view. It will have the effect of establishing commercial upon the Calendar so that we can in the future consider the matter relations and social relations with the government of Mexico. That with some degree of care. If by this appropriation more intimate re- is a matter of great importance to us; and I submit to the Senators lations can be established with Mexico, if we can make it to the in- from California, who are so much interested in the Chinese question, terest of Mexico to maintain close commercial relations wit.h us, we that it is all-important that we should cultivate pleasant relations shall thereby aid very greatly in settling the Rio Grande trouble, with Mexico, in order that she may co-operate with us in keeping which is now disturbing the country, and ha-s occupied so much of the back that tide of Chinese immigration which threatens not only to time of the other Honse during the present session of Congress. If overrun California but other portions of the cotmtry. by this course we can secure another outlet to the Pacific Ocean, we In view of the fact that it will have the effect to establish commer- thereby bring about a competition which is in the interest of promot- cial relations with Mexico-one of tho most important countries on ing tJ;ade and transportation, and thus benefit every citizen through- the face of the globe in every re.spect, so far as commerce is con- out the length and breadth of the land. corned-or as it will tend in t.hat way, I think there should be no The city of Austin is now connected by rail with the rest of the hesitation on the part of Congress in making this small appropria- conntry. There is a railroad chartered to the Rio Grande; and if tion. If it should result, as I said before, in ascertaining that tbi~ is that road can connect with a road· through Mexico to Topolovampo, tlle best interoceanic line of communication between the Chesapeake we shall have possession of the trade of all that country. The result Bay and the Pacific, it will be a very important result. But apart will be of advantage in two respects: First, in promoting commercial from that, the important interests that we have in our commerce with relations with that country, and in settling the Rio Grande troubles; Mexico ought to command the assent of Congress without hesitation. and second, in bringing about competition between the present roads The PRESIDENT p1·o tempore. The question is on the motion to and a new road to the Pacific Ocean. reconsider the vote by which this bill was postponed indefinitely. For these reasons I hope the motion to reconsider will be adopted The Senator from Vermont has called for the yeas and nays on that so that the matter can be fully investigated. motion. Mr. CHRISTIANCY. Mr. President, I am not at all opposed to t.he The yeas and nays were ordered. route of road proposed here. I am not opposed to the construction of Mr. WEST. Mr. President, I trnst at least that the Senate will the roa(l. I should certainly be glad to see it constructed ; it might favor the restitution of this bill to a condition of business that will be of great national importance; but I am opposed to any further llermit of its consideration. 'f.his now is a motion not to pass the Government aid or subsidy to any railroad whatever, whether it be in bill, but to reconsider its indefinite postponement and give us at some the North or in the South. future time an opportunity to consider it, as, with the few minutes ·Mr. MAXEY. I will state to the Senator that this bill has nothing left of the morning hour, we shall have no opportunity to do now. on earth to do with the question of subsidy. In addition to what the Senator from West Virginia has said, I Mr. CHRISTIANCY. I understand that, and I am coming to that should like for a moment to ask the attention of the Senate to the point presently. · fact that this bill which has been charged with being the origination Our experience in the past in reference to encouragement by the of the War Department and officers of the Army was not so origi- Government to railroad enterprises has not been such as to recom- nated, but it was presented here by a member of the Senate; and mend that policy for the future. There was, it is true, before the con- was, by the chairman of the Committee on Railroads in the last Con- struction of the Union Pacific and Central Paeific Railroads, a great gress, referred to the War Department under the request of that com- national necessity for the immediate construction of one railroad to mittee; and a board was convened in New York who presented the the Pacific, and that sooner than jnivate enterpriMe could accomplil:lh re1mlt of their examination of the subject in a recommendation that the object. But I look upon all . the legislation since tha.t time a~ a survey shonld be made. wasteful and extravagant in the extreme, and it ought to be checke<.l 1\!r. EDMUNDS. Where is that report f from this time forward. It is said this is not a subsidy. It is true it :Mr. WEST. Here it is in full; I will hand it to the Senator. I is not a. subsidy; that is not the form of it; but it is making an ap- repeat .that the matter waa referred by Congress to the War Depart- propriation which in the end is to result in favor of some railroad mont; that the Secretary of War convened a board, and tho result of company to be hereafter established. The principle of it is precisely their investigatioi!S is submitted to us in an official document that that of a railroad subsidy, and it is nothing else. Now whenever we have. private capital, whenever the interest-s of capitalists will warrant the Mr. EDl\fUNDS. ·'Vhy do you say Congress refen-ed it to the War construction of such a road; it will be built., and whenever they nn- Dnpartment t dertake V) build such a road they can easily obtain tlle necessary survey Mr. WEST. Referred by the Senate. aml establish the necessary route, which should be done at. their own Mr. EDMUNDS. I wish the Senator would read a resolution of expense, as well as the construction of the road itself. 1 sco no dif- that kind. ference in principle. Mr. ·wEST. By the committee. . It is said here, however, by the Senat.or from Louisiana l Mr. WEST J Mr. EDMU~TDS. By a committee of th~ Senate. Is tba~ what you that a private company may not ue able to outaip leave from the gov- call ''Congress f" ernmcnt of Mexico. I t>houhl think tllat the diplomacy of the United • 3706 CONGRJESSIONAL RECORD-SENATE. States might succeed in obtaining t.hat leave for a company as well priations for the service of the Post-Office Department for t be fiscal a.s for the Government, and in my opinion it would be a much easier year ending June 30, 1877, and for other purpo es. thing to obtain. I see nothing, therefore, in that objection. The PRESIDENT p1·o tempore. The bill will be rcail. I do not wish to take up the time of the Senate. I have merely Mr. ·wEST. I suggest that we act on the amendments of the Com- stated briefly my objections to the adoption of this motion to recon- mittee on Appropriations as they are reached in order ill the reading sider. of the bill. The PRESIDENT pro tempm·e. The morning hour has expired. The PRESIDENT pro tempore. If there be no objection, that conr e STATUE FROM VER:\IONT. will be pursued. The Chair hears no objection. Mr. WEST. I desire to preface tho consideration of the bill with Mr. MORRILL, of Vermont. I do not desire to speak on this ques- a few general remarks in regard to it. tion, but I rise to give notice to the Senate that to-morrow morning The salient features in all appropriation bills at the pre ent. time immediately after the close of the morning business I shall ask the are perhaps the contra-sts in which they are submitted t.o the consid- Senate in behalf of my colleague and myself to take up the resolu- eration of the Senat.e with the action that has been had upon them tion from the House of Representatives, which bns been for some in the Honse of Representat.ives, the two bodies being somewhat at time lying upon the desk of the President, in relation to a statue to variance with respect to the proper economies of the Government at be given by the State of Vermont t-o Statuary H≪ and we shall this time. want to occupy perhaps twenty-five or thirty minutes in relation to I will state that when this bill came over from the other end of the the matter. Capitol it proposed an appropriation of $33,589,109. It is now sub- CONSULAR AND DIPLOMATIC APPROPRIATION BILL. mitted to the Senate, with the approbation of t be Committee on Ap- propriations, with a recommendation that the sum of $36,946,3GO be Mr. HoWE was, on his own motion, excused from serving upon the appropriated, being equivalent to an addition recommended to the committee of conference on the disagreeing votes of the two Houses Senate over and above the amount appropriated by the House of on the bill (H. R. No. 1594) making appropriations for the consular $3,357,241. The considerations that have governed the committee in and diplomatic service of the Government for the ye..·u ending June mak.inl?' their recommendation have been somewhat varion . In the 30, 1877, and for other purposes. bill as.1t came from the Hou e there were propositions of a general By unanimous consent, the President p1·o femJJm·e was authorized to legislative character, looking to an anticipated and possib1e reduction .fill the vacancies. of the expenditures that upon the information of the Senate com- The PRESIDENT p·ro tempore appointed Mr. FREI..INGHUYSEN to fill mittee are not practicable. That is to say, the Senate committee rec- the vacancy occasioned by excusing Mr. HoWE. andalso Mr. WITHERS ommends non-concurrence in the legislative features o.f the bill. in the place of Mr. BOGY, excused yesterday from service upon the Those legislative features embrace three points: First, the re-arrange- committee of conference. ment and re-a-djustment of the salaries of all postmasters thronghont MESSAGE FROM THE HOUSE. the country. On that point the matter more properly belongs to the Committee on Post-Offices and Post-Roa-ds, who have the subject un- A message from the Honse of Representatives, by Mr. G. M. ADA1'118, der consideration; and from the information laid before the Commit- its Clerk, annJunced that the House had passed the following bills; tee on Appropriations they were of opinion that the just and economi- in which it requested the concurrence of the Senate: cal method as at present applied was more for the interest of the Gov- A hill (H. R. No. 2684) to amend sections 246 and 251 of the act en- ernment and of the people than the recommendation made by the titled "An act to revise, consolidate, and runend the statutes relating House in itS bill. to the Post-Office Department," approved June 8,1872, as amended by The next recommendation of a legislative character proposed by the the twelfth section of the act entitled "An act making appropriations House in the bill looks to a chanl?'e in the compensation made to the for the service of the Post-Office Department for the fiscal year end- different railroad companies throughout the country. Some of the Sen- ing June 30, 1875, and for other purposes," approved June 23, 1b'74, ators will bear in mind that this has been a vexed question for years, and and for other purposes; and after extended controversy between the Government and the railroad A bill (H. R. No. 882) for the relief of Mrs. James K. Polk, of Nash- companies an adjustment and agreement were arrived at somewhat ville, Tennessee. upon compulsion as against the companies, but admitted and sanctioned The message also announced that the Honse bad concurred in the by them some two years ago. Now, in the direction of economy, in amendments of the Senate to the following bills: the judgment of the other !Jra.n ch of the legislative department, it is A bill (H. R. No. 1800) for the relief of Kendrick & Avis; Kuner, proposed to open the question again. That subject is also under Ziseman & Zott; Kuner & Zott, all of Saint Louis, Missouri; and consideration by the Committee on Post-Offices and Post-Roads, and Nacbtrieb & Co., of Galion, Ohio; so far as the Committee on Appropriations could inform themselves, A !Jill (H. R. No. 2135) relating to the execution of custom-house they are of opinion that a curtailment in that direction would not be bonds; advisable and would not meet the sanction of the people. One of its A bill (H. R. No. 2140) establishing Cheboygan, in the State of Mich- first effects would be to entirely take away the system of rail way igan, a port of delivery; post-office service. Under the limitations of the bill as it came from A bill (H. R. No. 2434) to correct an error in section 5271 of the the House an absolute discontinuance of the railway post-office serv- Revised Statutes of the United States; and ice throughout the country, and entirely throughout the country, A bill (H. R. No. 3573) to amend an act for the relief of certain set- would necessarily follow. Besides, if their propositions should be tlers on the public lands, approved December 28, 1874. acceded to, there would be necessarily a further reduction of what The message further announced that t.be House had passed the bill is known as the fast-mail service throughout the country, with the (S. No. 773) to remove the political disabilities of W. H. Jenifer, late withdrawal of the through line.:~ from Boston to New York, from first lieutenant Second Cavalry, United StateM Army. Springfield to Albany, from Albany to Bnffalo, Cleveland, Chicago, The message also announced that tlre House further insisted upon and Saint Louis; from New York to Philadelphia and Pittsburgh. its disa-greement to the amendments of the Senate to the bill (H. R. One other matter of the proposed legislation refers to the details of No. 1594) making appropriations for the consular and diplomatic serv- the management of the Post-Office ~imply with respect to what are ice of the Government for the year ending J nne 30, 1877, and for other known a-s depredations. It is not a material matter, nor flid it teml purposes; it agreed to the further conference a.<~ked by the Senate on in the direction of any great economy ·; consequently the proposition tbo disagreeing votes of the two Houses thereon, and had appointed bas not met the approval of the Commit.tee on Appropriations. Mr. 0THO R. SINGLETON of Mis..'lissippi, Mr. SAMUEL J. RANDALL of Now, wit.h respect to the amount appropriated, let me tell the Sen- Pennsylvania, and Mr. HENRY W A.LDRON of Michigan managers at the ate that we have met the House of Representatives part of the way at same on its part. · least in the direction of economy. We have not gone to the full extent ENROLLED BILLS SIGNED. that they desire; but we appropriate less money this year for the service of the Post-Office Department than we appropriated last year. The message also announced that the Speaker of the House had The continual growth of this service is well-known to every Senator sjgned the following enrolled bills; which were thereupon signed by here. The demands from his region and section are constant; and not the President p1'0 tempore: long ago we passed a bill establishing post-routes that, without the A bill (H. R. No. 26) to remove the political disabilities of Francis action that the Senate committee now recommends, it will he impos- T. Nicholls, of Louisiana; sible to carry into effl3ct. A bill (H. R. No. 2288) granting a pension to Fannie S. White; The annual increase of the Post-Office service is estimated at some- A bill (H. R. )To. 303:~) for the relief of A. F. McMillen, late captain thing like 8 per cent. We have not admitted the po sibility of such First United States Heavy Artillery; and . an increase, but we have conceded something to the recommendations A bill (H. R. No. 3179) granting a pension to Thomas F. Wildes, of the bends of the \arious Departments, and granted them, as far as ]ate lieutenant-colonel One hundred and sixteenth Regiment Ohio we felt justified in doing so, such appropriations f.I.S would meet the Volunteers. necessities of the service; and I take very great pleasure in aying POST-OFFICE A.PPROPRIA110N BILL. that there is no dissent on the part of any member of the general or Mr. WEST. Agreeably to notice given yesterday in t,he Senate, I subcommitteeonappropriationstowbom this bill was confided. They de ire now to call up the post-office appropriation !Jill. como here united, and recommend that the entire reductions that are The PRESIDENT pro tempore. The Senator from Louisiana moves suggested by the House of Representatives shall not be conceded, bnt that the Senate proceed to the consideration of House bill No. 3263. that we shall do something in the direction of economy, and try to The motion wa:s agreed to; and the Senate, a-s in Committee of the contribute toward making this branch of the public service ~:~elf-suA­ Whole, proceeded to .consider the !Jill (H. R. No. 3263) making appro- taming. • 1876. CONGRESSIONAL RECORD- · SENATE. 37()7 I have felt it duetosaythis much in reference to the general features not be curtailed, because it concerns the efficiency and the safety of of th~:~ bill, hecause I know that the first inqniry with reference to all the whole mail service. appropriation bills in this Congress is, how far do the two Houses .Mr. WEST. If I vex the ear of the Senate with umlue frequ·ency: uiffer in their efforts at economy Y I trust that the bill will now be it is because of the confidence that seems to l:le reposed in me by my. proceeded with; aml I shall be glad to offer any explanation that associates on the commit.tce. I should be very glad to fiud some of may be required in the considemtion of its specific provisions. them here giving me support and t.aking from me the irksomeness of The PRESIDENT pro tempore. The bill will be reaO,OOO to which this item has grown up in the five dollars a day, according to the nature of their expenses. · past. I do not understand we are cutting off anything here that the Mr. KERNAN. That is, they get a salary and expenses besides f law fixes at Ro much, but I feel sure that if we appropriate $110,000 Mr. WEST. Yes, sir. we shall be able, especially in these lower-priced times, to get along Mr. KERNAN. I do not desire to press this matter unreasonably; very well. !think to a reduction of that kind by the House we should but I cannot conceive why we should have sixty detectives. 'Ve have be willing to conform, unless there are very strong reasons given to all the postmasters charged wit.h looking after the safety of the mails; the contrary. I think atS to many of these items we should endeavor we have the district attorneys of the various districts, who are bound to reduce them down. Certainly the business was done much more to prosecute offenses against the postal laws whenever their attention cheaply years ago. Trne, it was not then so large, you may say; but is called to them; and we have all the marshals, When I once, as a there was a great deal more of peculation and a great deal .more ne- young man, had a little familiarity with ferreting out troublesome cessit.y for special agents in the old days when the mail was carried things, at a time when the mail was opened every four or five miles by stages, where there were great frauds perpetrated which are not in every State, you did not have any corps of ~leteotives. When it possible now when there is so much railway service. I hope we shall was ascertained that the ordinary officers did not find the money that refuse to agree to this amendment, and concur with the House in was missed, anacorps of rueu which bas uecn very carefully almost absolutely certain that this appropriation is one that should sclectctl, autl they lrave certaiuly remleret.l very valuable service . !3708 CONGRESSIONAL REOORD-. SENATE~ JcNE 9, to the Department in the detections which they have made, in the direction can you more justifiably, beneficially, or a-dvi cdly spend t.}lA arrests and convictions which have been had under their supervision; money of the public than in this very service f · and in many of the cases it is the work of weeks, if not months, to I would ask the attention of the Senate to the figures I am a bout follow up the simple intimation, the simple circumstance upon which to present. In "the year 1868 the petcentago of the deficieney of the they fasten. That requires skill and vigilance and endurance-a. post-office service was 28 per cent.; in 18fi9, 22 per cent.; in 1870, 17 sen·ice by night aud a service by day; :md in that service there per cent.; in 1871, 17 per cent.; in 1872, 17 per cent.; in 1873, 20 per have been four hundred and ten arrests during the past year; ninety- cent.; the rise being due to the increased compensation of postma.-,- one convictions ha-ve been had, and there are still pending 0110 hun- ters and the re-adjnst.ment of mail transportation. Then we coml3 dred and forty indictments. Owing perhaps to the condition of t.he down again in 1874 to 17 per cent. Then the efi'ects of the panic are country, resulting from the war-for 1 think all wars are demoraliz- evidenced in the receipts of 1875, and the perceut.age is 20 per cent. ing-we have unfortunately found more of that class in our commu- Now again it is about 11:3 per cent. So it w~ll be seen that the whole nity th:m there was at another and an earlier t.ime. When you look tendency has been in the direction of economy, and from the fullest at the service which they have performed, its bre:ult.h, and the pre- and most careful consideration of the subject, without the least in- ci e duties which they discharge, I can only express my own judg- clination in the world to yield to the requirements of t.he Department ment t.hat I believe the best interests of the .service aro promoted by unless they were well and tho1·onghly snl.Jstantiated, the Committee not reducing this number. It. may be done; but my own judgment on Appropria.t.ions has made this report, and tbose Senators who difli>r is tha.t the best interest-s of the service do not require it. with the majority on political qucst.ions should bear in mind that Your postal service is one which, to be carefully :1Dd properly ad- t.heir representat.ives were present in the committee, and after a care- ministered, must be taken as a. whole. There are a great many sub- ful digest of all the features in tho bill they have seen the ncnessity jects connected with it; but when we come to act practically upon and given their consent to these recommendations. any of the details of the service, it is wise and wen to examine care- Mr. WITHERS. I wish to state in connection with the las.tremark fully, and we do not do our duty if we do not examine very carefully, made by the Senator who repQrted the bill that, so far as I am ap- what is the effect of our action upon one branch as connected with prised, this bill does come before the Senat-e with the approval of th~ another. In that view, taking into consideration t.he honest admin- whole committee. It is true that the postal service can be adminis- istmtion of the Department, and knostmaster-Gcneral, under thulaws governin_g the transporta- That the followin~ sums be, and they are hereby, .lppropriated, out of :my money tion of the mail by railroad, are complied with, be paid a less rate than S25 per mile in tho Treasury not otherwise appropriated, namely. of road per a.nnom. But the sum paid to any railroad company for such transpor- The amendment was agreed to. tation shall not exceed $500 per mile for such service for :my one year. SEc. 8. That all mail-cars or parts of cars shall be heated, lighted, fitted np, and The next amendment was in section 3, lines 5 and 6, to strike out furnished in a suitable and accepmlJle manner by the railroad companies for the the words: character of sen-ice for which said cars or parts of cars are required: And pro- To be paid out of any money in the Treasnry·not otherwise appropriated. vided, That a mail-car shall be attached to, or part of a mail.car furnished on, any passenger train run, as the interesta of the postal service may require and the So as to read : Postmaster-General direct: Prwided, however, That no railroad company shall be For steamship service between San Francisco, China, :md J'l.pan, t25J,OOO. required or permitted to furnish car space for the transportation of the mails in rout~ agent'! , bagga~E>, or railway postal cars not actually reqnireecertified to by the officer, and accompanied with a statement of the Mr. SARGENT, (to Mr. WEST.) You do not want to pass it in a service upon which he has been engaged." SEc. 13. That section 4020 of the .Revised St:ltutes be so amended as to read as double form f · follows: Mr. WEST. It is not material, and Iwillnotinsistonitsretention. "SEc. 4020. The Postmaster-General may appoint one special agent as snperin. The amendment wa.s rejected. ten dent of the railway postal service at a. salary at the rato of $2,500 a yeru·, and not to exceed six special agenta as assistant superintendents of the railway postal The next amendment was to strike out sections 5 to 14 inclusive, service at a salary at the rate of $1,600 a year each; and the superintendent and ns follows: asl'istant snperintendenta shall receive such additional allowances only as are yro- SEc. 5. That tbe respective compensations of postmasters of the first. second, and vided for by section 4017, which allowances, together with their salaries, sbal be third r.lasses shall be a onual ~:~aln.ries, assigned in even hundreds of ·dollars, and paid out of the appropriation for the transportation of the mails; and the Auditor payable in .quarterly paymenta, to lJe ascertained and fixed by the Post.master- of the Treasury for the Post.Office Department shall char~e to the appropriation General from their respective quarterly returns to the Auditor of the Treasury for for the free·deliverv system the salary and allowances maae to one special ag:ent the Post-Office Department, or copies or duplicates thereof, for four quarters im- who may be detaile'er$100, and not over t400, perqu~rter, 50 per cent.; and all over $400 Mr. WEST. I shall be ready to answer the Senator's proposition per-quarter, 30 per cent., the same to be ascertained and allowed bv the .Auditor of the Treasury for the Post.Otlice Department in the settlement of the quarterly ac- when we come to consider that section; but I will now ask the con- counts of such postmasters: Provided, That when t.he aggregate a.nnual compensa- sent of the Senats that the motion of the Senator from Virginia be tion, exclusive of commissiom on money-ordur business, of any postmaster of this taken, which would facilitate business very much. The motion of the 3720 CONGRESSIONAL RECORD--8EN~4.TE. JUNE 9, Senator from Virginia is to strike out all from section 5 to section 14 the reference of these provisions to the Committee on Post-Offices inclusive and refer those sections to the Committee on Post-Offices and Post-Roads. and Post-Roads. The mot.i ou was agreed to. The PRESIDING OFFICER. The question is on agreeing to strike Mr. SHERMAN. I wish to make some observations on t.he bill out aU from section 5 to section 14 inclusive, and refer the same to itself. I was so much flattered by the remarks of the Senator from the Committee on Post-Offices and Post-Roads. The question is first Louisiana, especially his compliment to me as a financial manager, upon striking out. that I almost feel regret in calling the attention of the Senator t.o the The motion to strike out was ag-reed to. mistake into which he fell, which was very natural, because it is in The PRESIDING OFFICER. The question now before the Senate regard to a matter that occurred two years ago. I think it is proper is upon referring tho matter thus stricken out to the Committee on that I should call attention· to the fact tliat I was right and he was Post-Offices and Post-Roads. wrong in the matter of recollection of what occurred two years ago The motion to refer was agreed to. when he said l1e followed me. The truth was I refused to follow The next amendment was in section [15] 5, line 3, to insert befOre him. I have before me now the debate upon the post-office appro- the word" cost" t.he word "average;" sons to make the section rend: priation bill. I was one of the committee on the part of the Senate No st:m:tped envelopes or newspaper-wrappers shall be sold by the Post-Offico to manage the matter. The House had reduced the po tage on news- Department at less (in addition to the legal postage} than the average cost, includ- papers to one and a half cents per pound, much below even the pres- ing all saL1ories, clerk hire, and other expenses connected therewith. ent rate, and the committee of conference met. The Senator from Mr. WEST. I shall be very glad to answer the question of the Louisiana waa the chairman .and Mr. Ramsey, then Senator from Senator from Delaware as to tho increased cost of these stamped en- Minnesota, and myself, the other conferees. We met, and the Senate velopes or newspaper-wrapperR. There will be an increased cost, .conferees agreed to report fixing the rate at one and a half cents per probably so small in special instances as not to be observable, but pound. Th1>t was the rate, I believe, proposed by the Honse of Rep- really in the aggregnte amounting to a considerable sum. This pro- resentatives. I refused to sign the report, so th'l>t my friend and I vision was put on for the purpose of protecting the interests of en- separated there. velope manufacturers throughout the country, they complaining-in Mr. WEST. The Senator is mistaken. He was not on that com- the opinion of the committee with a great deal of propriety-that the mittee with me. transportation of the Post-Office Department throug~out the country Mr. SHERMAN. Here is the RECORD. I will read what I said. was made use of free of charge for the purpose or w1th the result of Mr. WEST. Is my name to that report f enabling the Post-Office Department to undersell the dealer in en- Mr. SHERMAN. Yes, sir. velopes; that in no place in the United States can you buy stamped Mr. WEST. Where f [Ex:J.mining.] Certainly; but the Senator envelopes but at the post-office, and they are offered for less than the was not on that committee. He defeated that proposition in the dealer across the way can offer an envelope with a stamp upon it. Senate and then he was put on the next committee. He never served I on that committ-ee with me. This proposition is to charge, in addition to the original cost of print- ing, the clerk hire in handlin(J' and the expense of transmitting. It Mr. SHERMAN. I have the RECORD before me. increases the revenue of the Post-Office Department, exacts from the Mr. WEST. Where is itT people a very small trifle, and at the same time does not encroach or Mr. SHERMAN. Here it is. infringe upon the privat~ business of envelope manufacturers. It is Mr. WEST. I ask the Senator whether he ever se1-ved on the con- evidently just, and I hope it will meet the appropation of the Senate ference with me f I as it bas of the House. Mr. SHERMAN. Certainly I did. Mr. SARGENT. I do not know that I ought to raise any ~bjection Mr. WEST. I ask the Senator's pardon. to this matter. I was not in committee the moinent when this prop- Mr. SHERMAN. My dear sir, here is the RECORD. Of course you osition was considered, and I will not object to it, provided the com- cannot deny it. mittee were clear upon the point that this was a well-considered pro- Mr. WEST. Weshallsee. vision of law. I should like to ask my friend from Louisiana if the Mr. SHERMAN. I will give the Senator the book in a moment. committee were decidedly of opinion that this section ought to be Here is the report of the conference committee, and it is signed: adopted. If there was debate and doubt upon the matter; I wish to J'. R. WEST, express my opinion upon it. ALEX. RAMSEY, Mr. WEST. There was none. The committee were clear on the Manag.n"a on the part of the Senate. subject; and if the Senator will recur to the debates in the House of J'.AS. N. TYNER, S. S. MARSHALL, Representatives on this subject, he will :find that a very elaborate MaMgera on the part of the House. statement was made there by a member from Massn.chnsetts, [Mr. HoAR.] The section was put on in the House by the unanimous con- Mr. WEST. Who was the other person f currence of the House itself, and in committee it was co11sidered Mr. SHERMAN. I was the other conferee. I rose and opposed· the thoroughly and concurred in. report, and it was defea.ted. Here is what I said: Mr. SARGENT. It is very well known that the principal fraud in- Mr. SHERl\f.A..'l'. I regret very much that I was not able to a.l!l'ee to the report of flicted upon the post-office revenue is in the use of stamps separate the committee of conference on account of the very la:t·ge reduction it makes in the rate·of postage on newspapers. It is reduced by thls bill to one-half the present from envelopes, on account of the rea-diness with which defacing-ink rate. The present rate of postage on newspapers is 20 cents perannumon a weekly is wa.shed off. They have never been able to invent any kind of ink paper. These papers weigh ab(lut 2 ounces, so that 52 papers wei~hing 104 ounces that would make permanent defacement, unless it contained acids, are now carried through the mails at 20 cents, or a triBe over 3 cents a pounll. '!'his bill reduces the post.'\ae on newspapers to 11 cents a pound, or 30 a ton, to be dis- which could not be used on account of injury to the fingers of persons tributed allover the U'nited States. In other words, it is a reduction in the rate of canceling the stamps. This fraud has been avoided in a very large postage on newspapers to one-half. The postage on periodicals is by a. soruowhat degree by the use of stamps with envelopes. Directing an envelope different scale; the precise rate I am not able to state, bnt no doubt the Senator is canceling the stamp, and it cannot be used a second time. If the from Louisiana can tell Mr. WEST- Three cents. effect of this section should be to increase very much the cost of these Mr. SITEJ.tM..Ut. I mean the old mto on periodicals and large magazines. envelopes, of course persons would resort to envelopes bought of Mr. WEST. The same, 3 cents. other persons, not of the Post-Office Department, and there will be no Mr. SrrEitMAN. The proposition now is to fix the rate of posta.,.e at 1! cents a more stamped envelopes used. They will resort to the system of pound on newspapers and at 3 cents a pound on periodicals. On both the reduction is about ono-half. To reduce the rate of postage on newspapers at thls time, when stv.mps, where I am told at least 25 per cent. of fraud is committed. we are looking around for new sources of revenue, when our expenses are coming If the committee, however, considered this matter well and in that close to our receipts, seems to me a most unwise mea ure, improvident, and unjus- view, aside from the claim which was made by the envelope manu- tifiable in every sense of the term. I cannot therefore consent to it. facturers, I do not know that I ought to antagonize my own opinion In the amendment sent to the House the Senate propo~ed a rate of post3.ie of 4 cents a pound on all newspapers and periodicals alike- to that of my committee. The amendment was agreed to. That wa.s offered by me, and I suppose that was the reason I was The next amendment waa to strike out sections 16 and 17, as fol- put on the committee- lows: which was perhaps a very slight advance on the present rate, but it v.-as a uniform SEC. 16. That all mailable matter of the third class. referred to in .sections 3878 rat.e and therefore much preferable rate either to the House or the rate now in force. and 3911 of tbe Revised Statutes of the United States, may weigh not exceeding The debate goes on between the Senator from Louisiana and myself, four pounds for each package thereof; and postage shall be charged thereon at the rate of one cent for each two ounces or fraction thereof ; that 'lll acts and pa1ts of in which my honorable friend from Maine [Mr. MORRILL] came to my acts inconsistent with this Mt are hereby repealed; bnt no thin~ herein contained relief and opposed the report of the committee of conference very shall be held to change or amend section 3879 of said Revised Statutes ; and that urgently. The Senator from Maine, after speaking at some length, all annual reports of universities, colleges, and other institutions, and annual cata- says: logues, shall be deemed third-class matter. SEc. 17. That all acta or parts of acts in conflict with the provisions of this aot The same spirit which yields this now will yield it forever. That is my answer nre hereby repealed. ,to all that. Nobody has suggested any necessity for it. It is jnst as easv to put the tax at three cents, where 1t was before, as it is to put it at one and a half cents. Mr. WITHERS. I movo that these sections be stricken out with It is optional with Congress. N othin~t on earth stands in the way of it..-OOnflTeS- a. view to bave them referred to the Committee on Post-Offices and sional Record, volume 2, part 6, Forty-third ill is carefully drawn. BENJA..."d..N F. BEVERIDGE. There is a provision in regard to the costs of the snit and the manner in which those costs shall be paid. It provides that they shall be Mr. SPARKS, from the same committee, reported back adversely a paid out of the funds belonging to the eastern band of Cherokee In- bill (H. R. No. :l379) for the relief of Benjamin F. Beveridge; which dians, who are the claimants in the suit; but that not exceeding was laid on the table, and the accompanying report ordered to be $10,000 shall be expended as costs. It also provides that an attorney printed. shall be employed and the amount of fees shall be determined by the JOHN JACKSON. Court of Claims. This bill meets the approbation of the Depart- Mr. SPARKS nlso, from the same committee, reported back ad- ment and of the parties interested, and has the unanimous indorse- versely a bill (H. R. No. 1276) for the relief of John Jackson; which ment of the Committee on Indian A.:ffairs. was referred to the Committee of the Whole·House and placed on the Mr. BLOUNT. From what source are the costs of the suit to be Private Calendar, and the majority report and views of the minority, paid f What is the idea of the committee as to that f submitted by Mr. LANE from the same committee, were ordered Mr. MORGAN. The idea of the coJDmittee is that the costs of the to be printed. suit, the incidental costs of the suit outside of attorneys' fees, shall EDWARD C. HOWARD AND DANIEL HARNETT. be pa.id out of the fonds of the eastern band of Cherokees. Mr. BLOUNT. Where do the attorneys' fees come from f Mr. VAN VORHES, from t~e same co~itt.ee, repo~ted b~k the Mr. MORGAN. It is provided they shall be paid out of the amount memorial of Edward C. Howard and Dn.mel Harnett, m 1·elatwn to recovered in .the Court of Claims. . their being driven from their land in Brule City, Dakota, by the au- Mr. BLOUNT. If any shall bo recovered f thorities of the United States, when the same was included in an In- Mr. MORGAN. Yes, sir. The attorneys' fees are to be fixed by the dian reservation, and moved its reference to tb,e Committee on Pri- Court of Clai1US, and only such fees shall be paid as are allowed by vate Land Claims; which motion was agreed to. the court. MARIANO TRISARRO. · The bill merely settles the controversy between these two tribes, which haa been a matter of great a.nnoyance and a source of trouble Mr. TUFTS, from the ~a.me committee, reported adversely upon the and demoralization. For the best interests of the Indians it should depredation cln.im of Mariano 1'risarro ; a.nd the same was laid on be settled. That is all I have to say in regard to the bill. I move the the table, :md the report orde~ed to be print-ed. previous question. · JOSE MARIA GONZALES. Mr. V.ANCE, of North Carolina. I think the point of order is not Mr. TUFTS also, from the same committee, reported adversely upon well taken, because the bill does not propose to appropriate money the claim of Jose Maria Gonzales ; and the same was laid on the out of the Treasury of the United States; it proposes to approprin.te table, and the report ordered to be printed. $10,000, or so much thereof as may be necessary ,out of the funds held in trust by the Secretary of the Interior for the Indians, and I think M. LADD AND J. L. WILLIAMS. therefore that the point of order is not well taken. Mr. MORGAN, from the same committee, reported a bill (IJ. R. No. The SPEAKER pro tentpore. The Chair will rule that this is a. re- 3686) authorizing the Secretary of the Interior to adjust the claims appropriation, the United States being trustee, and there being no of Moses LaddandJohn L. Williams, half-blood Menomoneeindin.ns, necessity for this bill unless are-appropriation is necessary. The Chair and the Secretary of the Treasury to pay amount due; which was therefore sustains the point of order. read a first and second time, referred to the Committee of the Whole Mr. MORGAN. Then I move that the bill be referred to the Com- on the Pri v.ate Calendar, and, with the accompanying report, ordered mittee of the Whole on the Private Calendar, and I ask that it be to be printed. made a special order for a week from to-day after the morning hour. B. A • .SHEPPirnD. Mr. HOAR. Would it then take the place of other bills that would otherwise have preference f Mr. MORGAN also, from the sn.me committee, reported back the The SPEAKER pro ten-pore. It would not take the place of an a.p· bill (H. R. No. 2780) for the relief of S. A.. Shepperd; and moved that the committee be discharged from the further consideration of the propriation bill. Mr. RANDALL. One week from to-dn.y is private-bill day ancl, I same, and that it be referredtotheCommittee onPrivateLandClaims. think, objection day. The motion was agreed to. !tfr. BRIGHT. I object to making the bill a special order. A. D. FISHER. The SPEAKER pro tempore. Objection is made, and the morning Mr. MORGAN also, from the same committee, reported back the hour has expired. bill (H. R. No. 1023) for the relief of A. D. Fit~her; and moved that Mr. MORGAN. I will ask, then~ that the bill be made a special the committee be discharged from the further consideration of the order one week from to-morrow instead of one week from to-day. !'lame, and that it be referred to the Committee on Public Lands. Mr. HOAR. I object. The motion was agreed to. - ORDER OF BUSINESS. EASTERN BAND OF NORTH CAROLINA CHEROKEES. Mr. GLOVER. I ask unanimous consent that the call of the com- mittees shall be cont.inued until all the committees have been called. Mr. MORGAN also, from the same committee, reported back, as a Mr. BUCKNER. I call for the regular order of business. substitute for House bills No. 3358 ancl No. 3361, a · bill (H. R. No. 3687) to authorize the eastern band of North Carolina ·Cherokees to EVIDE.NCE IN PACIFIC RAILROAD INVESTIGATIONS. institute suits to provide for the purchase of lands and to have a Mr. HUNTON. I call u·p the motion made by the gentleman from final settlement, and for other purposes; which was read a first and Maine [:Mr. BLAINE] to reconsider the vote by which the resolution second time. was adopted by the House authorizing the printing of the evidence The bill was read at length. taken by the Committee on the Judiciary under two resolutions for Mr. MORGAN. I ask that the substitute I have reported be put investigating matters relating to the Pacific Railroad. upon its pa-ssage. The purpose of this bill is simply to enable the Mr. PAGE. I hope the gentleman will not insist on that motion in eastern band of Cherokee Indians to bring a suit against the Chero- the absence of the gentleman from Maine, [Mr. BLAL~E.] kee Nation. Mr. HUNTON. I move to lay the motion to reconsider on the table Mr. BLOUNT. Before the gentleman goes on to speak of the merits Mr. P A.GE. It was understood by the Chair yesterday and by the of the bill I raise the question of order that it involves an appropria- House that the gentleman from Maine should have a right to be rec- tion of money, and ought to go to the Committee of the Whole. ognized on the motion to reconsider. Mr. MORGAN. I will refer to that before I get through. There is The SPEAKER pro tempore. The Chair understood that the gentle- no apnropriation of money provided for by the bill. man from Maine stated that the rule was that any gentlemen could Mr. BLOUNT. I think differently from tbe reading of the bill. call up the motion to reconsider after yesterday. Mr. MORGAN. It provides that $10,000 which may be expended Mr. P A.GE. The gentleman from Maine stated very distinctly to in the payment of costs shall come out of the funds of the Indians. the House that this motion could be called up after yesterday by any There is no provision for the appropriation of one cent of money. gentleman, and the Chair stated that he would recognize the gentle- I was about to say that a controversy had arisen between the east- man from Maine to call up the motion on the first opportunity after ern band of Cherokee Indians, who live in North Carolina, and the the Geneva award bill was disposed of. Cherokee Nation west of the Mississippi, in regard to the right of The SPEAKER pt·o tempore. The Chair would certainly have recog- the North Carolina Indians to participate in the funds of the na- nized the gentleman from Maine if he had been here to call up the tion. The matter haa been repeatedly before the Department, and motion. generally there ha.s been adverse action upon it. A.ny bill providing Mr. P A.GE. I ask the gentleman fwm Virginia not to press the for the payment of that fund ha-s never, I believe, been _reported upon motion nntil the gentleman from Maine can be here. · favorably in Congress; but in one instance, I think, a bill of that Mr. BLAINE, (entering the Hall.) I am here. character did meet the approbation of the Department. The SPEAKER pro tempore. The gentleman from Virginia calls up This bill does not ·provide, nor does it attempt to provide, for the the motion to reconsider offered by the ·gentleman from Maine; and distribution of a part of this fund to the Cherokee Indians of North moves to lay that motion on the table. Carolina. It merely provides for the investigation of the controversy Mr. BLAINE: Do you think that in accordance with the under- 3726 CONGRESSIONAL RECORD-HOUSE. JUNE ~' standing had on this floor yesterday t I put that question to the Mr. BLAINE. And does he decline to allow me an opportunity to Chair. move an amendment to the resolution directing the printing of the The SPEAKER '}!1'0 ternpo1'e. Any understanding with the Chair is testimonyf stated in the public RECORD ; whatever it was, the Chair will abide Mr. HUNTON. I stated to you on a former occasion what I was by it. willing to do, and you declined to accept it. Mr. BLAINE. I think the Chair gave me the assurance that I Mr. BLAINE. What was itT should have the floor on this (11Jestion. Mr. HUNTON. The REcoRD will show. Mr. HOAR. The Chair has.just said that if the gentleman from l\fr. BLAINE. I do not remember what the gentleman refers to. Maine had been present he would have recognized him. The SPEAKER pro tempm·e. The Chair will state in addition, what The SPEAKER pro tempore. The Chair would very gladly have the gentlem:tn from Maine [Mr. BLAINE] very likely knows better recognized him. For all the Chair knows this matter of printing than any other member of the House, that there is a rule specially may be important. applicable to this matter, and the Chair bas no inclination to break Mr. BLAINE. It is very important; but I want the whole of it the rule, which is this: printed. I have not looked at what the RECORD records; I hope the When a motion has been once made and carried in the affirmative or negative, it Chair will. shall be in order for any member of the majority to move for the reconsideration Mr. BUCKNER. I rise to a pointof order. This is a day set apart thereof on the same or succeeding day ; and such motion shall take preoerlence of for the consideration of private business. all other questions, except a motion to adjourn, and shall not be witbdrawu after Mr. BLAINE. Very well; let the gentleman from Virginia with- the said succeeding day without the consent of t he Honse; and thereafter aoy member may call it up for consideration. · draw his motion. Mr. BUCKNER. I am not talking about the gentleman from Vir- Mr. BLAINE. That is just what I called the attention of the Chair ginia or the gentleman from Maine either; I am insisting upon the to yesterday, and why I insisted on yesterday that I should have the enforcement of the rules of the House. opportunity to call up my motion to reconsider. And I received the Mr. RANDALL. Let us have gentlemen take their seats. We may. assurance of the Chair, as I thought, with the assent of the Hon e, as well be quiet. that I should not be deprived by anything that took place yesterday The SPEAKER pro tentpore. Gentlemen will take their seats. The of the opportunity to call up my motion to reconsider. RECORD shows the following; but before reading it the Chair will state The SPEAKER p1·o tentpore. The only assurance given by the Chair to the gentleman from Maine and to the House that this matter comes is that recorded in the RECORD. up by no motion of the Chair. Mr. RANDA.L L. I was not present on yesterday, and therefore I Mr. BLAINE. The Chair does not usua.lly ma.ke motions, as I un- do not know what agreement was made. nut I would like to remind derstand it. , the gentleman from Maine [Mr. BLAINE] that by enterin~ his motion The SPEAKER pro tempore. No intimation of that kind can be to reconsider the other day be took advantage of the omission of the made against the present occupant of the Chair. gentleman from V-irginia [Mr. HUNTON] to make the usual motion to The RECOHD reads as follows: reconsider and table. If I am deprived of that right b~ the ruling of the Chair or by any other canse, Mr. HUNTON. I think you are wrong about that. then any other ~entleman can call It up and .1 do not have the parliamentary con- Mr. BLAINE. How did I take advantage of the gentleman from nection with it to which I am entitled. Virginia? I went to the Clerk and asked him if the motion to recon- Mr. GARFIELD. After to-day. sider bad been made and tabled, and he told me it had not been. Mr. GARFIELD. That was not a question, as the Chair read it, l\fr. RANDALL. I know that, exactly. but an affirmative statemP.nt. Mr. BLAINE. Then what advantage did I take of the gentleman f The SPEAKER pro tempore. Very well. Mr. RANDALL. It took from him, by your q nick knowledge of the Mr. BLAINE. Yes, after to-day; but if I am deprived of that right the motion to rules, after his omission to ma,k e the usual motion, an ad vant:tge. I reconsider goes into the hands of any _gentleman whom the Chair may recognize admit that you could do it. • who can call up the motion and move to lay it upon the table. Mr. BLAINE. Was that any more advantage t ban-- Mr. BLAINE. Will the Chair accept a suggestio~ and allow the Mr. RANDALL. Allow me ·one moment. Having taken that ad- whole of it to IJe read f vantage of the omission of the gentleman from Virginia, [Mr. HUN- The SPEAKER pro tem.pore. After the ruling of the Chair, the REc- TON,] I submit that tht} gentlem:tn from Virginia was entirely within ORD reads as follows : the practices of the House, and entirely within the rules of due court- Mr. BL.All'E. Then I understand tlie Chair to rule that I lose my control over esy, in also taking advatage to-day of the gentleman from Maine [Mr. the motion to reconsider. BLAINE] in moving to lay the motion to reconsider on tile table. The SPEAKER pro ternpare. No, sir; the Chair baR ruled no such thing. The Chair Mr. BLAINE. If the gentleman is talking about taking any ad- rules tbat for the present the Geneva award bill is before the House. The Chair vantage-- will recognize the gentleman from Maine fMr. BLAL"qEl the moment he rises on the Mr. RANDALL. I am not through yet. Now, as to the telegram, floor when there is no other matter properly pending before the House. I insist that the gentleman from Virgini:t-I was not here on Mon- How could the Chair rule otherwise t day either-but I understood that the gentleman from Virginia. was Mr. BLAINE. I stated yesterday- willing that the telegram should go in and be of record for what it The SPEAKER p1·o tempore. If tile gentleman from Maine [Mr. was worth. BLA~E] had risen at any time after the morning hour to-day for the Mr. BLAINE. It could not go for any more. purpose of calling up his motion to reconsider, the Chair would have Mr. RANDALL. I am not speaking of that at all. I do not under- recognized him. staml that the gentleman from Virginia objects that the telegram Mr. BLAINE. I stated yesterday that during the first two days should go in with the testimony. after the order to print was made and the motion to reconsider entered Mr. BLAINE. But I call the attention of the gentleman from Penn- the universal ~le and courtesy of the House gave the floor to the sylvana [Mr. RANDALL] to the fact that neither the chairman of the person who entered the motion to reconsider. That was the reason Commit.tee on the Judiciary nor the chairman of tht} subcommittee why I was somewhat strenuous in insisting upon calling up the mo- on the judiciary has ever yet intimated to this House or to me what tion on yesterday, which was the last day under that rule that tile they proposed to do with regard to that telegram. matter remained within my control. I then interrogated the Chair Mr. RANDALL. Let the gent.leman a.sk this Honse now that that to know whether I would lose my control of the motion to reconsider, t~legram shall be embraced in the testimony. sllould it pass over yesterday on account of my failure to obtain the . Mr. BLAINE. Yes; I am after that very thing; and I want the floor. · official telegram. The gentleman from Kentucky, [Mr. KNOTT,] The SPEAKER pro tentpore. And the Chair replied as bas been after keeping it in his pocket fo.t five days and then for three days read from the REcoRD. · longer-- Mr. BLAINE. I now understand that the gentleman from Virginia [ Cries of ''Regular order!" ] [Mr. HUNTON] proposes to come in and call up my motion to recon- 'fhe SPEAKER pro tempore. Debate is not in order. sider and move to lay it upon tho table, so as to prevent mefromha.v- Mr. BLAINE. As I understand, gave it ~o the Associated Press; ing the opportunit-y to move to have included in the testimony of the but he bas never given it to the House, never. committee to be printed the Caldwell telegram and the proceedings Mr. GLOVER. I call the gentleman from Maine to order. I say before the Committee on the Judiciary day before yesterday,in which that he is violating the rules of the House. there was some testimony not under oath, but still as valuable as if Mr. BLAIN E. Very well ; I am sorry that the ru1es are not observed it were given by the chairman of the Committee on the Judiciary. by the other side of the House. Mr. HUNTON. I rise to a point of order. Mr. BLACKBURN. I rise to a question of order. The SPEAKER pro tempo1'e. 'l'be gentleman will state his point of The SPEAKER pro tempore. The gentleman from Maine and other order. members will be seated. The gentleman from :Maine was speaking Mr. HUNTON. I would inquire of the Chair if this matter is de- out of order after the regular order was called, as no one knows bet. batablel ter than himself. The SPEAKER pro tempm·e. It is not debatable, but the Chair is .Mr. BLACKBURN. I rise to a parliamentary inquiry. Is it proper always very glad to hear gentlemen upon points of order. that the record should bear the utterances of a member, delivered out Mr. BLAINE. Does the gentleman from Virginia [Mr. HUNTON] of order as declared by the Speaker f decline to withdraw his motion to lay on the table my motion tore- The SPEAKER pro tempore. The Chair would state that there is consider? no rule upon that subject. The old custom was-and there was once Mr. HUNTON. Yes, sir. a rule to that effect-that such utterances should be excluded from / 1876. CONGRESSIONAL RECORD-HOUSE. 3727 the official report. The Chair is not aware that such a rnle is now in Cochrane; Collins, Cook, Cox, Culberson, Davis, De Bolt, Dibrell, Durham, Ed"'n, existence. The Chair would say to the gentleman from Maine that, Ellis, Felton, Finley, Forney, Fra.nklin, Gause, Glover, Q.Qode, Gunter, .Andrew H. Hamilton, Robert Hamilton, Hancock, John T. Harris. Harrison, Rartridgo. Hart- while he gave the House the assurance, as reported in the RECORD, that zell, Ha.tcher, Henkle, Hereford. AbramS. Hewitt, Goldsmith W. Hewitt, Hooker, he would recognize the gentleman from Maine to call np this motion, House, Hunton, Jenks, ThomasL. Jones, Knott, Lamar, Franklin Landers, George he did not, nor conld he, preclude thereby any other member from M. Landers. Lane, Levy, Lewis, Lord, Luttrell, Lynde, L. A. Mackey, Maish, Mc- calling up the motion at the proper time. How could the Chair do Mahon, Milliken. Mills, Morrison, Nea.l , Parsons, John F. Philips, Piper, Ponple- ton, Powell, Randall, Rea, Rea~an,, Rice, Riddle, John Robbins, Roberts, Miles Ross, otherwise f How could the Chair take the gentleman from Virginia Scales, Schleicher, Sheakley, Singleton, Slemons, Southard, Sparks. Spencer, Sprin- off the floor f ger, Stone, Tarbox, Terry, Thomas, Thompson, Throckmorton. Tucker, Turney, .Mr. BLAINE. The gentleman from Virginia could do otherwise Robert B. Va.nce, Charles C. B. Walker, Gilbert C. Walker, Walling, Ward, Eras- very easily. • tus Wells, Whittborue, Wigftinton, James Williams, James D. Willia.ms, Je1emiah N. Williams, Fernando Woou, Yeates, and Young-121. The SPEAKER pro tempore. The Chair should not have any im- NAYS-Messrs. .Anderson, William H. Baker, Bell, Campbell, Chittenden, Cut- putation cast upon him by the gentleman from Maine. ler, Durand, Hardenbergh, Raymond, Hill, Hopkins, Hurd, Kehr, Le Moyne, Mc- Mr. HUNTON. I call for the regular order. Farland, O'Brien, Potter, John Reilly, Savage, William E; Smith, Walsh, Wbit.e- The SPEAKER pro tempore. The question is on the motion of the house, and Willis-21. . NOT VOTING-Messrs.Adams,GeorgeA. Bagley, John H. Baker, Ballou,BankR, gentleman from Virginia to lay on the table the motion to recon- Bass, Beebe, Blaine, Blair, Bliss, Brallley, Wilfui.m R. Brown, Horatio C. Burchard, sider. Burleigh, Cannon, Cason, Caswell, Chapin, Con_ger, Cowan, Crapo, Crounse, Dan- Mr. WILSON, of Iowa. Mr. Speaker- ford, Darrall, Davy, Denison, Dobbins, Douglas, Dunnell, Eames,· Egbert, Ely, Ev- The SPEAKER pro tempore. The motion is not debatable. ans, Faulkner, Fort, Foster, Freeman, Frost, Frye, Fuller, Garfield, Gibson, Goodin, Hale, Haralson, Benjamin W. Harris, Henry R. Harris. Hathorn, Hays, Hendee, Mr. WILSON, of Iowtt. I know that; but I want to make a mo- Henderson, Roar, Hoge, Holman, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, tion which I think the Chair will entertain. Frank Jones, Joyce, Kasson, Kelley, Ketcham, Kimball, K~~· Lapha~J Lawrence, l Mr. SOUTHARD. I would like to ruake an explanation. Leavenworth, Lynch. Edmund W. M. Mackey, J,{agoon, ..MacDougall, McCrary, McDill, Meade, Metcalfe, Miller, Money, Monroe, Morgan, Mutchler, Nash, New1 i The SPEAKER pro tempore. The Chair will hear the point of the Norton, Odell, Oliver, O'Neill, Packer, Page, Payne, PJielps, William A. Phillips, gentltman from Iowa. Pierce, Plaisted, Platt, Pratt. Punnan, Ramey, James B. Reilly, William M. Rob- · Mr. WILSON, of Iowa. I raise the question of consideration on bins, R{)binson, Sobieski .Ross, Rusk. Sampson, Sayler, Schumaker, Seelye, Sinnick- this business. I do not believe that the majolity will cut off the son, Smalls, A. ReiT Smith, Strait. Stenger, Stevenson, Stowell, Swann, Teese, Thornburgh, Martin I. Townsend, Wasbingt{)n Townsend, Tufts, Van Vorhes, J obn gentleman from Maine frorp a hearing. L. Vance, Waddell, Wait~ Waldron, Alexander S. Wallace. John W. Wallace, War- • The SPEAKER p1·o tempore. The Chair would st~te that that point ren, G. Wiley Wells, Wheeler, Whit~1 .Whitin~. Wike, Willard, Andrew Williams, comes too late. Alpheus S. Williams, Charles G. Wiuiams, William B. Williams, Wilshil'e, Benja- Mr. WILSON, of Iowa. How so f . min Wilson, James Wilson, Alan Wood, jr., Woodburn, and Woodworth-146. The SPEAKER p1·o tempo're. Because the motion to lay on the No quorum voted. table is pendinO', Durin~ the vote, Mr. WILSON, of Iowa. The gentleman from Virginia called up Mr. BEEBE stated that he was paired with his coHeague 1\fr. DAVY, the motion, and moved to lay it on the table; but- who, if present, would vote against the proposition, while he would The SPEAKER pro tempore. And it is now pending. vote for it. 1\Ir. WILSON, of Iowa. · But it is in order, according to the Digest, Mr. DURAND stated that his colleagues, Mr. CoNGER and Mr. A. S. page 85, to raise the quest,ion of consideration. WILLIAMS, were absent by order of the House. · The SPEAKER pro tempore. The motion to lay on the table has Mr. DOUGLAS stated that he was paired with MI·. MAcDoUGALL, been pending, and the regular order is called for. who, if present, he presumed would vote "no," while he himself Mr. SOUTHARD. I would like to say one word in explanation of would vote " ay ." what occurred yesterclay. The gentleman from Maine then insisted Mr. MORGAN said: I am paired with Mr. PLATT, of New York, on on calling up his motion to reconsider, and one of the reasons which he all political questions during his absence. If he were present I would urged why he should have that right was that if it were not allowed vote" ay," while he would not vote, I presume. him at that time he would lose the control of the motion. He then Mr VAN VORHES stated that his colleague, Mr. VA.NCE, was ab- from his place on this floor gave it as his opinion that if he werE\ not sent by leave of the House. allowed the right to call it up then he would lose his right to the 1tir. SPRINGER. I rise to a parliamentary inquiry. It is in refer- floor. • ence to the vote that is now being t::Lken. Mr. BLAINE. The Chair assured me otherwise. Mr. PAGE. Wait until the vote is announced. The SPEAKER P'I'O tempm·e. The Chair did not give the gentleman Mr. SPRINGER. It pertains to the announcement of the vote. any sueh assurance and the RECORD does not show it. Mr. BLAINE. How can you make a parliamentary inquiry about Mr. SOUTHARD. My point is that the gentleman, not having the the ·announcement of a vote f opportunit,y at that time to call up his motion, has, by his own ad- Mr. SPRINGER. The gentleman will know when I make it. mission, lost the right to the floor, and has no ground for claiming it Mr. BLAINE. It is not in order. I object to it. There is nothing to-day. in order but the announcement of the vote. Many MEMBERS. " Regular order I" Mr. SPRiNGER. The point of order is in order. . ' Mr. KASSON. I rise to a point of order. Mr. BLAINE. The announcement of the vote is in order. The SPEAKER pro tempore. The gentleman will state it. Mr. SPRINGER. The gentleman mistakes his position on this floor. Mr. KASSON. It will be very brief. Yesterday I understood the He is not now in the chair. The Speaker is m the chair, and I rise Chair to rnle the gentleman from Maine out of order in attempting to make a parliamentary inquiry of the Chair. . to call up his motion, because under the rules of the House a special The SPEAKER p1·o tempm·e. It is customary here, and was often order was pending. To-day, under a like rule of the House, only pri- practiced while the gentleman from Maine was Speaker, to address to vate business is in order. Therefore, the point I wish to make is sub- the Chair parliamentary inquiries. I stantially that made by the gentleman from Missouri, [Mr. &ucK- Mr. BLAINE. Duri.Qg the roll-call f Never! NER,] that, under the ruJes of the House and in accordance with the The SPEAKER pro tempm·e. The roll-call has been completed. ruling of t,h e Speaker yesterday, it is not in order for any gentleman Mr. BLAINE. Then the vote shonld be announced. to call up this matter of general business. The SPEAKER pro tempore. The gentleman from Maine knows The SPEAKER pt·o tempore. The Chair will overrule that point of it is not proper, and under the rules hardly decent, to confer with the order. Chair in tha.t peculiar style. Mr. BLAINE. On what ground f Mr. BLAINE. I know very well-[ the Speaker p1·o tempore at the The SPEAKER pro tentpote. The Chair is not bound to give his same time beating with his gavelJ-1 know very well this is done to reasons. gain time. The vote shonld be announced. There is no quorum, Mr. BLAINE. I never heard.the Chair refuse to give the reasons and this is to gain time and get a quorum. I demand the vote be for his ruling. announced. The SPEAKER pro tempore. The gentleman is out of order now. Mr. SPRINGER. I deny the right of the gentleman from Maine to Mr. BLAINE. IM it out of order to ask the Chair to state the rea- impugn my motives. sons for his rulings t Mr. BLAINE. The clerks have prepared the vote, and I demand it The SPEAKER pro tempo1·e. The gentleman has no right to make be announced. The Chair will announce it when it is handed to him. a colloquy with the Chair in this way; and ho knows it very well. The SPEAKER pro tempore. He cannot announce it before it is Mr. BLAINE. The Chair does not seem disposed to have any col- handed to him. · loquy. Mr. BLAINE. The Clerk has it ready. I demand that the vote be The question being taken on the mot.ion of Mr. HUNTON to lay on announced. the table the motion to reconsider, the Speaker pro tempore announced Mr. DAVIS. I rise to a question of order. that the ayes appeared to prevail. Mr. BLAINE. I demand that the vote be announced. Mr. GARFIELD called for the yeaa and nays. [The Speaker pro tempm·e during these remarks kept beating with The yeas and nays were ordered. his gavel.] The question was taken; and there were-yeas 121, nays 23, not Mr. SPRINGER. I demand that the gentleman from Maine take voting 146; as follows : his seat and be in order. The SPEAKER p1·o tempore. If the gentleman from Maine does YEAS-Messrs. Ainsworth, .Ashe, Atkins, Ba«by, John H. Bagley, jr., Banning, not preserve order, and take his seat, the Chair will call, under the Blackburn, Bland, Blount, Boone, Bradford, Bri;ht, John Young Brown, Buckner, Samuel D. Burchard, Cabell, John.H. Caldwell, William P. Caldwell, Candler, Cate, rules, the help of the officers of the House to enforce order. [Cries Caulfield, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri, Clymer, on the democratic side of "That is it!" "That is it!" and applause. J • 3728 ' CONGRESSIONAL RECORD-HOUSE. JUNE 9,· The gentleman from Maine, and every member of the House, will be Mr. MORRISON. I desire to ask unanimous consent to offer a reso- seated. lution. Mr. BLAINE. I will be seated with pleasure when the rest are The SPEAKER pro tentpore. The gentleman from . Maino [Mr. seat.ed. BLAINE] raised a point of order and had a rule read which in the The SPEAKER pro tempm·e. The gentleman from Maine said the opinion of the Chai.r is not applicable at this present stago of the Chair should have announced the vote before. The Chair had not business. It is sufficient for the Chair to say that even the present the vote in his hand at the timo the imputation was made. It waa occupant of the Chair may make rulings without gi ling reasons .for intended to go out to the countl·y as an imputation of unfairness them; otherwise the whole business of the House might be taken up upon the part of the Chair. The Chair will now proceed to ann once in hearing points of order. in a proper and formal way the vote on this question, and all the 1\Ir. BLAINE: I have never seen-- statements to the contrary are positively and infamously false. The SPEAKER pro tem,pore. If the Chair calls the gent.leman from 1\Ir. BLAINE. That is not very parliamentary language on the part Maine to order now he gives no reason for it, for it is apparent that of the Chair. he is out of order in interrupting the Chair. [Applause on the floor The SPEAKER p1·o tempore. On the motion to lay on the table the and in the galleries.] motion to reconsider the yeas are 121 and the nays are 23. 1\Ir. BLAINE. Does the Chair decline to hear a statement f Mr. PAGE. No quorum. The SPEAKER pro tempm·e. The gentleman knows the roles very Mr. SPRINGER.· I rise to a parliamentary inquiry. well, and he knows that he cannot interrupt the Chair while ma.k ing The SPEAKER pro tempore. On the vote just taken no quorum a ruling, but he can appeal from the decision of the Chair when has appeared. made. · Mr. PAGE. I move that the House adjourn. Mr. PAGE. There is a motion pending to adjourn on which the The SPEAKER 'pro tempo1·e. The Cha.i r ha.s not recognized the gen- yeas and nays are demanded. tleman from California, [Mr. PAGE.] The Chair recognizes the gen- The SPEAKER pro tentpore. The gentleman from Maine [Mr. tleman from Dlinois, [Mr. SPRINGER.] BLAINEl intercepted the inotion to adjourn by a point of order. Mr. PAGE. Is anything in order except a motion to adjourn, ·or a Mr. BLAINE. If the Chair will bear me on the point of order-- motion for a call of the House 1 The SPEAKER pro ten1.pore. Yon h:we spoken. The SPEAKER pro tern.po1·e. The Chair understands his business. Mr. BLAINE. I Lave not spoken to it .. A quorum not having appeared on the last vote there are two things Mr. BROWN, of Kentucky. · I rise to a parliamentary inquiry. I in order; a motion for a call of the House, or a motion to adjourn. want simp1y to know whether this is tbe American Congress-- N01~ constat that the gentleman from Illinois [Mr. SPRINGER] may not Mr. BLAINE. That is what I want to know. make the one or the other of these motions. Mr. BROWN, of Kentucky. Or a school in which we are merely Mr. PAGE. I have just made one of them. pupils of the schoolmaster from Maine f The SPEAKER pro tempo1·e. The Chair has not recognized the gen- The SPEAKER pro tempot·c. The gentleman is not in order. tleman from California for that purpose. 1\Ir. BLAINE. It is the most surprising American Congress that Mr. SPRINGER. I have risen to a question of order. ever assembled. [Laughter and applause.] Mr. BLAINE. Nothing is in order but a motion to adjourn or for The SPEAKER pro tempore. The Chair recognizes the gentleman a call of the House. • from lllinois, (Mr. MORRISON.] The SPEAKER pro tentpore. The gentleman from Maine is not the Mr. MORRISON. I ask unanimous consent to have read a resolu- Speaker of the House. tion which I propose to offer when it shall be in order. Mr. BLAINE. I am a member of it. Mr. PAGE. I have made a motion to adjourn upon which the yeas Mr. SPRINGER. The parliamentary inquiry I wish to put, if the and nays are demanenson, Stowell, Iilinoi~, [Mr. MORRISON] it is this: that this telegram sha~l no~ ouly Swann, Teese, 'l.'boruburgb, Martin I. To.wn send, W aslungton Townsend, Tufts, be publisbecl as suggested, lm~ that ther~ may be proceedmgs m the Van Vorhes, JohnL. Vance, Wadtlell, W a1t, Walerrunent. Until the legislative branch of the propriety do otherwise than go on and make some remarks on the Government has acted the parties have no standing in court; yet in bill to such ears as I may possibly be able to reach. point of fact it might be a title which has a perfect equity; every Mr. DUNNELL. I thiuk it is due to the honorable gentleman from duty incumbent on the ~antee had been complied with on his part, Texas that he have a respectful hearing. and he ~:~t.a.nds in the position to demand, and upon his demand a per- 'rhe CHAIRMAN. The Chair has appealed to the members of the fect titl~ in fee would have been awarded to him by the former gov- committee to observe that respectful bearing to the House that will ernment under which he lived; yet, as he bad not got such a title, he enable the gentleman from Texas to proceed with his remarks with must necessarily beclepenc1ent on the legislative branch of the Govern- some hope of being beard. It is not in the power of the Chainpan to ment for the protection of the title left in this inchoate state by the force members of the committee to pay attention. former government. Mr. HANCOCK. I have not any dramatic exhibitions to make. I This is the concl1tion of quite a number of titles reported on by the desire merely to offer a few plain remarks on the bill now under con- surveyor-general in this instance. Some of them are probably titles sideration. It is probably too tame and commonplace a subject to which would be regarded as complete and legal titles, such as those arrest t.be attention even of those who have heretofore objected to known as pueblo grants, which are not met under our lantl system, the passage of the bill. and it is proper that they too, for the purpose of putting the parties in This is a bill relating to certain land titles claimed by citizens of the condition of enjoying the rights of property as guaranteed to the Territ.ory of New Mexico to which they assert a right in virtue them under the treaty, should receive such legislation as has been of grants of different characters made to them by the Spanish or extended to them, and that their titles shoulu l>o perfected in such Mexican authorities, a right which is recognized by the eighth article form as to put the holders of them in such a position as to readily -of the treaty of Guadalupe Hidalgo, which I send to the Clerk's desk, present their titles in court for protection and defense. and I :18k that that article may be read. This being the position, then, in which parties are placed by the The Clerk read a-s follows : treaty, and the character of property that is comprehended by that M~:>xicans now established in tenitories previously bolonging to Mexico, and treaty, it becomes necessary on the part of the legislative branch of which remain for the future wit.hin the limits of the United States as detined by the Government to make provision for ascertaining not alone the the present treaty, aball be free to continue where they now rr.sido or to remove at any timl) to the Mexican republic, retaining tho property which they posses~ in character of the titles, but also the particnl:u pieces of land th~t the said t~nitories or clisposit,g thereof and removlDg tho proceeds wl10rever thoy shoultl be rightfully embraced within their limits. In fulfillment of please without their being subjected on thi~ account to any contribution, tax, or that duty, Congress passetl a bw July 22, lti54, to which I invite the charge whateT"er. attention of members who wish to unuerstantl t.his question, provid- Tlwso who shall prefer to remain in the said U.rritories may either retain the ti- tle and rights of Mexican citizens or acquire f.hoso of citizens of the United tit.atcs. inrr for the appointment of an officer termed the "surveyor-general But they shall be under the obligation to make their elect.ion witl.Jin one ycm· from olNew :Mexico." Section 8 of that act specifics the duties which that the elate of the exchange of ratifications of this treaty, and those who shall remain officer shall perform with reference to tbo cha,racter of property em- in the said territory after the expiration of that y~r without having declared their braced in the eighth article of the treaty of Guadalupe Hidalgo, aml intent-ion to retain the char:wter of Mexicans shall be considered to have elected to become citizens of the United Slates. is in these words : In tho saicl territories property of every kincl now belonging to Mexicans notes- Tha.t it shall bo tho ssion of th~ terri. Mr. HANCOCK. By that section of the treaty of Guadalnpe Hi- tor.v to tho Unitetl States _by t~o tre::ty of Guarlalupe :p:~ualgo .of Ld~d! denot mg the dalgo it will be observed that the rights of property of every ch.a racter, various grades of title, w1th hicly, :mtl the nature of theu· titles to tho 3732 CONGRESSIONAL RECORD-HOUSE. land, such report to be made according to the form which may bo prescribed by l\fr. LA·wRENCE. About how many of these grants are Mexican the Secretary of the Interior, which report shall be laid before Congress for such and how manv Spanish f action thereon as may be deemed just anll proper, with a vi~w to confirm bona fide ~ants and give full effect to the treaty of 184ill>etween the. United Stntes and Mex- Mr. HANCOCK. I am not able at once to answer that question; ICO; and, until the final action of Congress on such ciaims, all lands covered there- but there is n. list here which will show the proportion of Spanish by shall be reserved fr?m sale or other dispo~al. b.v tho G,oyernment! and shall not and the proportion of l\Iexicnn titles. I think tlle larger nnmbcr, bo subject to the donatiOns granted by the prev10rrs prons10ns of this act. and those embracing the largest district of conntry,· were maue 11rior By rever in~ the order of the different provisions of this section, to the revolution. I have not made a calculation. and commencmg at the last clause of tho section, we find that all l\fr. LAWRENCE. I have heard it said that there is a class of the lands in the TeTritory of New Mexico are tied up beyond the these grants known as Amarjo grants, many of which are alleged to reach·of individuals for any purpose, placed out of the control of the be fl'audulent. I do not know the facts myself. Commissioner of the General Land Office or of any other officer of Mr. HANCOCK. I have not met with any grant of that kind hero. the Government, until the question now under consitleration shall be There are a good many pueblo grants. I have not made the calcula- finally settled, until the claims set up by the citizens of that Terri- tion to which the gentleman calls my attention, but others have; &nd tory, under grants from Spain or Mexico, shall have been passetl upon. estimating the popnlation to be what it is stated to be, if tho lands Hence the necessity of either passing upon those titles and confirm- embraced in this bill were divided up equally and sold it would not ing or rejecting them, or, if we are not able to confirm them or reject amount to one hnndred acres apiece. them, then disapproving of the report of the surveyor-general and 1\!r. LAWRENCE. Has the Commissioner of the General Land sentling the matter back for fnrt.her investigation, in order f.hat there Office examined this, antl have we his opinion upon it f may be an end to the uncertainty tha:t overhangs t.he property of the .Mr. H.\NCOCK. Not so far as I know. Government there, and that the lands of the Territory may be put 1\Ir. GUNTER. With the consent of the gentleman, I will state in a condition to be ap_propriated by citizens who may go or have gone t.hat I understand the Secretary of the Interior bas investigated all there since the treaty, and who are probably going there from year these claims which have been acted upon by the .surveyor-general or to year, as is usually the case iu all our western Territories. commissioner-for he was acting in the attit.ude of commissioner- We must either act upon these grants in compliance with .tlte law and that he has approved of the various claims reported here and to which I have just referred, or we must. repeal that law and leave asked to he confirmed ; has recommended them to the House to be the citizens who claimrights1.mder grants or cessions or titles of any approved by its action. That is my understanding. characte-r from Spain and Mexico to protect themselves as best they Mr. REAGAN. The gentleman will allow me to say that the report mav after we shall have refused-and a failure to perform is a re- was made by the snrveyor-genera.l, aml the Secretary of the Interior fusal-to carry out the stipulations contained in the eighth article of transmits the report to Congress. That is all there is about it. the treaty of Guadalupe Hidalgo. 1\Ir. GUNTER. My understanding is that it was the duty of the Referring to the commencement of this section in regard to the Secretary of the Interior or commission to approve the action which duties of the surveyor-g.;;neral, we find that while he is called a sur- had been taken ; that he did approve it and made the report to Con- veyor-general he is, in point of fact, a judicial officer. He is consti- gress. tuted a judicial tribunal, with all the necessary attributes of a tri- l\Ir. HANCOCK. I will state further, in reply to the gentleman bunal to enable him to investigate the character of these titles and from Ohio, that this bill seems to conform to the character of grants to determine their merits with reference to the laws untler which mn.de by Mexico and by Spain in prohibiting the confirmation of a they have been granted, with full power to send for persons and larger amount tha.u eleven leagues iu any one grant subsequent to papers, to administer oaths, to hear testimony, and to come to a do- August 1 , 182:l, the time of tho passage of what is known as the termination upon this subject as would any other judicial tribunal. national colonization law. From that time this was the maximum But his action is not binding at all, as will be seen by reference to amount which could be granted to any one individual. the next clause of the section, although it might be prima facie cor- The necessity for legislative action arises not alone from the treaty rect, like the decision of any other judicial tribunal. He does not stipulations, but from the fact that no provision has been made by present his decision either to Congress or to the Commissioner of the which the parties interested in these titles could establish them by General Lund Office to be accepted as a determination of the rights of any action under our laws. It is a subject exclusively within the the parties who appear before him. It is his duty to report to the control of Congress under that clause of the Constitution which pro- Secretary of the Interior, whose duty it is to examine the report made vides that- to him of the various titles that have been considered by the surveyor- general; and in the next paragraph of the section it is made the duty Congress shall have power to dispose of and make all needful rules and regula- tions respecting the territory and other property belonging to the Unired Stares. of the Secretary of the Interior to report to Congress the various titles acted upon by the surveyor-general and which be conceives One of the needful rules and regulations respecting the Territories should receive the confirmation of Congress us titles that have been and the property, too, belonging to citizens of the United States is rightfully granted, or us evidence of such rights to lands, to enable fotmd in this very act to which I refer, the act of July 22, 1854, as Congress to perfect the titles in the parties. necessary to eun.ble the parties who set up a right under grants or This is nearly in the same line of action that Congress has taken concessions of any character received from Spain or Mexico to come upon titles to land claimed by parties in the various terrilories which before the tribunal which we established and make good the claims we have obtained under treaties with other governments, as well as which they assert to these lands. the titles set up by individuals in California and heretofore in New Aft.er we have established our own tribunal and have subjected Mexico. It is not that this is action of Congress in ratification of these parties to the trouble and expense of coming before it and bring- valid titles, but it is the perfecting of evidence of a. right to land by ing the evidences of their title, and after twenty-eight years have giving the parties that which carries out the spirit and gives force passed bywithouttheir havingobtaiued the adjudication of their rights, and effect to the provisions of the eighth article of tho treaty of Gua- it would seem a. little remarkable that we ourselves should say that dalupe Hidalgo; a duty devolved npou this Government when we ac- we yet hesitate, unless there can be shown some evidence of wantl of cepted that as one of the terms of the settlement of the war of 1846- fidelity on the part of the officer. No statement based upon any fact, '48, and charged ourselves with the duty of carrying out the obliga- so far as I know, has been made that the officer acting in the capac- tion to those citizens within that Territory in the same manner that ity of snrvoyor-geneml of New Mexico has not performed the duty Mexico woulcl have done had the Territory remained a part and parcel with ability aud fidelity. Nor have I heard any one impute to th~ of the Mexican republic. Secretary of the Interior want of fidelity in the discharge of his duty Mr. LAWRENCE. How much bnd does this bill involvef in presenting this report with his recommendation to Congress, un- Mr. HANCOCK. I do not know; but a very considerable number less the remark of my colleague [.Mr. REAGAN] should be construed of acres. into a reflection upon that officer. So far as I have seen anythinrr Mr. GUNTER. It involves about two million :five hundred thou- coming from him, he seems to have acted with his usual care and sand acres. circumspection as to the subject-matter which it was his duty to pre- Mr. HANCOCK. I think the gentleman is mistaken, unless he has sent to Congress; and I will assume, until the contrary is shown, that mado a calculation. both thesurveyor-gene,raland the Secretary of the Iuterior haYe a.ctetl Mr. GUNTER. That is what I understood from the Commissioner not only within the scope of their jurisdiction, but faithfully and hon- of the General Land Office. estly. Mr. HANCOCK. I am glad the gentleman has called my attention l\fr. REAGAN. I do not wish it to be understood that I have re- to that point, and I will refer to it in proper time. flected npon the integrity of t.he action of the surveyor-general or Mr. GUNTER. It is not all in one claim, not in favor of any one any one else. What I did was to question the authority of that offi- individual, but of several thousand claims. cer to do what is asserted here he has done and what I deny he ha.d Mr. HANCOCK. How many thousands do you say 7 the right to do. I never imputed anything else. Mr. ELKINS. There are 23,000 claims on the property now. Mr. HANCOCK. I did not understand what you meant to deny. Mr. HANCOCK. I will state in reply to the gentleman from Ohio l\1r. REAGAN. I denied that he had any judicial power, that he [Mr. LAWRENCE] who makes a, very pertinent inquiry, that some of had the right to pass upon titles. these grants are nearly two hundred years old; a,nd some of them l\Ir. HANCOCK. I suppose if the surveyor-general bad been cal1etl aro for very large tracts of land. Under the government of Spain a. judgo my colleague would have recognized him as a. j nd.icial officer, and of Mexico every settlement of individuals in the form of a town, since it is made his duty to bring these parties be.fore him, to swear called a pueblo, was entitled to large grants of land. Under the gov- witnesses, and to pass upon the sufficiency of title. l"rnment of 1\Iexico, after the revolution of 1823, every town was en- .Mr. REAGAN. I do not wish to iuterrupt my collea.gue. titletl to a grant of four leagues of la.nd, embracing the town and the Mr. HANCOCK. You do not interrupt me. ~urrounding submLs. Mr. REAGAN. I trust I understand what is meant by a judicial 1876. OONGRESSIONAL RECORD-HOUSE. 3733 officer without reference to the name he may have, and I am obliged in theSE} ca-ses, for we are aware that oor ~u prernc Court has decided that confirma- tion by a.ct of Congress and approved survey under it are snfficil'nt evidence of to my colleague for the suggestion that I may not know only by name title without any patent; but we believe it due to these claimants, whoso original what a judge is. I know this officer has to summon witnesses and title papers have heretofore been surrenrlered to t he Government, that theysboulcl report the facts to Congress; but I also know he has no power to not be put to tho trouble of providing each for himself or herself a copy of the vest or divest any title out of or into any one, and therefore that be treaty of Guadalupe Hidalgo, of the act of Congrr.ss of July, 1854, of the act con- firming such title and the sur"l"ey made under it, in order to feel assured that the lacks judicial authority. land, which in some of these cast's bas been in possession of these clairu:mt-s or Mr. HANCOCK: Here are the powers conferred upon the surveyor- tht>ir ancestors for one hundred years, is really their property. general: .As American citizens, they are entitled to a simple eVIdence of title, and such as That it shall be the duty of the surveyor-general, under such instructions as may is given to our citizens who acqnire real estate from the Government by the vari- be given by the Secretary of the Interior, to ascertain the origin, nature, character, ous modes provided by our laws. * " * In some of the acts heretofore passed in reference to lands under said treaty with Mexico patents have been reqmred to and extent of all claims to lands- be issued, while in others this has been overlooked; hence we provide jurther1Mre To ascertain their origin and nature. Mark th:1t bnguage- in this bill that in all cases in which confirmation has been had without the issuing of patents, such patents shall be issued, thJtS placing all claims under said treaty upon an under the laws, usages, and customs of Spain and :Mexico. equal basis. How can he do that unloss be passes upon the lnws of Spain and Mr. HANCOCK. I desire to say a word simply in application to Mexicot the titles embraced within this bill of the reasoning set out in this And for this purpose may issue notices, summon witn~es, administer oaths, passage from the fourteenth volume of the Opinions of the Attorneys- nnd do and perform all other necessary acts in the premises. He shall make a full r eport on all such cwms as ori!!inated befor~ the cession of the.territory to. the General which has just been read. The simple act of confirmation, United States by the treaty of 'Guadalupe Hidalgo of 1848, denoting the v:mons going no further, would be but doing half justict~. You would still grades of titles- leave the party interested in the title so confirmed, if he should be ! presume my collea~e could enumerate more than a dozen different driven into the courts for the protection of his rights of any grade grades of title emanating from Mexico and old Spain. He bas to de- or character, to lJring into the court a.f an ignorant people, without wealth, without know l- several mints, and issue through the Treasury and its several offices, such coin to edge of om language or our forms of judicature. I am not prepared theSEC. amount of 20,000 000. 2. That the silv-er bullion required for this purpose shall be purchased from without fuller and more explicit information than I now have to take time to time, at market rate, by the Secretary of the Treasury, with any money in this leap in the dark in reference to as many litigated claims a.s there the Treasury not otherwise appropriated; and the resulting coin may be issued in are embraced in this bill, and to say by one sweeping act that we will the ordinary disbursement of the Treasury, or in exchange for leg:al-tender notes confirm the titles to one and a half millions of acres of land, even at par; but no purchase of bullion shall be made under this act when the market rate for the same shall be such as will not admit of the coinage and issue or ex· taking the amount as stated by the chairman of the committee, thongh change as herein provided \vithout loss to the Treasurv, and any gain or seignior- the gentleman from Arkansas [Mr. GUNTER] says that it is 1,000,000 age arisin~ from this coinage shall be accounted for anO. paid into tho Treasury as acres more than that amount. I am not prepared to vest titles in this provided under existing laws relative to the subsidiar~ coinage: Providtd, That vast amount of land under such circumst,anccs. the amount of money at any one time invested in such silver biillion, exclusive of such resulting coin, shall no.t exceed e1,000,000• .My own judgment is that duty to New 1\ie:s:ico and her humble SEC. 3. That the trade-dollar sha.ll not hereafter be a le~al tender; and the Sec- population, as well as to the United States, whose interest it is that retary of the Treasury is hereby authorized to limit, from time to time, the coinage the public domain should be protected, requires that this bill be re- for thereof to such an amount as he may deem sufficient to meet the export demand the same. committed, and that, if all these titles are brought here together LEAVE OF ABSENCE. again, they shall come here under circumstances which will enable the committee to tell us whether we are askecl to confirm T"alid titles By unanimous consent, leave of absence was granted as follows: or inchoate titles, and whether there are controversies between dif- To l\Ir. ODELL for five days; ferent claimants to the same land. To 1\Ir. M01-."EY for two weeks, on account of important business; I have nothing to add, except to tell an anecdote in regard to the To l\Ir. WOODWORTH for fifteen days, on account 8f important busi- country about which my colleague spoke, between the Nueces and ness; the Rio Grande. I will take up the case where he left off. In 1854 To Mr. POWELL for four days; a commission, consisting of two gentlemen, went there to investi- To l\Ir. SLEMONS for twenty days from to-morrow; gate . and aJlow Mexican titles. One of them was a htlmorous gen- To Mr. BURLEIGH for one week; tleman and a very frank man. He returned very soon; and a friend To l\Ir. CHITTENDEN for four clays; meeting him asked, "How is it you are back so soon¥ We expected To Mr. W ALDRO~ for one week; you to be there all the fall." ''Well," said he, "we got tl1rough with To l\Ir. KELLEY for three days; all the land that was between the Nueces and the Rio Grande; and To Mr. WHITING for five days; and as there was nothing more to do, we .thought we would come home." To 1\Ir. WILLIAMS, of New York, for ten days, on account of impor- A commission dealing with fivo thousand acres of land at one stroke tant business. · (CONGRESSIONAL RECORD-SENATE.. :JUNE 10, REFRESHMENT. IN SENATE. Mr. !-..,OSTER, by unanimous consent, submitted the-following reso- lution; v;·hich was read, considered, ancl agreed to: SATURDAY, Jttne 10, 1876. Resolved, That the Committee of Accounts be requested to furnish thls House Prn.yer by Rev. P. H. BURGHEN:ETT, of Washington, District of with such refreshment as bas been customary. lumhia. PACIFIC RAILROADS BO~S AND SECURITIES. The Journn,l of yesterday's proceedings was read and approved. Mr. ·wrKE, by unanimous consent, submitted the following reso- HOUSE BILLS REFERRED. lutions; which were read, considered, and agreed to: Resolved by the House of R,epresmtatives, That the Committee on Indian Affairs The following bills from the House of Representativ~s were sever~ be, and tl1ey are l.Jereby, instructed to ascertain whether or not the railroad corpo- ally read twice by tbeir titles, and referred as indicated belo-w: rations melJtioned, or any of them, under acts enti led ''An n.ct grantin.,. landti to A bill (H. R. No. 2684) to amend sections 246 and 251 of the act en- the State of Kansas to aid in tlle construction of the Ksmsas and Neo;bo Valley titled "An a-ct to revise, consolidate, and amend the statutes relating Railroad and its extension to Uerl River," approved July 25, 1866; and "An act to the Post-Office Department," approved June 8,1872, as amended by granting lands to the St.ate of Kansas to aid in the con~;truction of a southern branch of the Union Pacific Railway ancl Telegraph from Fort Riley, Kansas, to the twelfth sectiou of the act entitled "An a-ct making appropriatiom~ Fort Smith, Arkansas," approved July 26. 1866; and ·'An act granting lan£1s to aid for t-h e service of the Post-Office Department for the fiscal year end- in the constructi· ·n of a railroad and tele~ph line from the States of Missouri ing J nne 30, 1875, and for other purposes," approved J nne' 23, 1874, and Arkansas to the Pacific coast," approved July27, 1866, have issued any bonds or securities of any kind predicated upon the conditional _grants of the lands of the and for ot.her purposes-to the Committee on Post-Offices and Post- Indians of the Inclian T{lnitory claimed by said comparues under the 11aid a{lts. Roads; and And if it be ascertained that such bonds or secn.tities have been issued, then it A bill (H. R. No. 882) for the relief of Mrs. James K. Polk, of Nash- shall be the duty of said committee to ascertain the amount of tbe same, in what ville, Tennessee-to the Committee on Claims. l1ands they are heltl, and whether or not t.he public faith of the United States has been pledged for their pa:vmen"t or redem11tion. :MEAD'S STATUE OF ETHAN ALLEN. Be it further resolved, .That the sa.id committee in the di!!charge of thPir duties The PRESIDENT pro tempore laid before the Senate the following be authodzed to call for persons and papers, and to report the result of their in- vesti,gat:ion tQ the House as early as practicable. concurrent resolution from the House of Representatives: Resolv~>d by the House of Representatives, (the Senate coneurrin51,) That the thanks Mr. WIKE moved to reconsider the vote by which the resolutions of this Conl!l'ess be presented to the governor, and through him to the people, of were adopted; and also mo.ved that the motion to reconsider be laid the State of Vermont for the statue of Ethan Allen, whose name is so honorably on the table. identified with our re"\"olutionary hj,q tory; that this work of art is accepted in the The latter motion was agreed to. name of the nation, and assigned a place in the old Hall of Representatives, alrea.rly set aside by Coni!I'ess for the statues of eminent citizens; and that. a copy of this HE.XRY S. FRE.XCH. resolution, signed by the President of t-h e Senate and 1be Speaker of the House of Representatives, be transmitted to the governor of the State of Vermont. 1\lr. MILLIKEN, by unanimous consent, from tbe Committee on War Claims, reported back a bill (H. R. No. 473) for the relief of The Senate proceeded to consider the resolution. HenryS. French, of Nashville, Tennessee, with amendments; which Mr. MORRILL, of Vermont. Mr. President. before coming to the were referred to the Committee of the Whole on the Private Calendar, work of Larkin G~ .Mead, presented b;v the State of Vcrmont as a part and, with the accompanying report, ordered to he printed. of her contribution to the Statuary Hall, I hope it will not be disa- Mr. l\!ILLIKEN moved to reconsider the vote j ntit taken; and also greeable to the Senate if for a moment I allude to the Hall itself. moved to lay the motion to reconsider on the table. The rare archit-ectural proportions of the olcl Hall of the llom'!e of The latter motion was agreed to. Representatives, upon which all beholders dwell with deHght, and its ALLAN EDDY. association with the memories of American st.atesmen aml orators for a half of a century, forbade its demolition or any mutilation of its pecu- Mr. BRADLEY. I ask unanimous consent to put on its pl)k:sage a liar elegance and symmetry; and the propriety of its preservation bill granting a pension to Allan Eddy, a soldier of the war of 1 81~. and assignment as a national St.atuary Hall seems to have been a.lready Mr. BELL. I ohject, and I demand the regular order of busir1ess. vinuica,ted. There was no outlay for a new structure, but merely a Mr. BRADLEY. I ask that a letter be read which I thiuk will re- law to perpetuate tho old. Its unrivaled monolithic columns of move all objection. breceia.ted or conglomerate marble, reminding us of an ext.i net or Mr. BELL. I insist on the regular order. abandoned quarry on the Gunpowder River, w honce these graftd speci- SEIZURE OF COTTO~. mens appear ·t o have heen rescued almost as relics from among the Mr. BLOUNT, by unanimous consent, from the Committee on Ap- lost arts of nature, will now remain in a hall destined to be qnite as propriations, reported back a bill (H. R. No. 2368) authorizing pay- sacred as Fanneil Hall or Inclependence Hall, and where its treasures, ment for cotton seized after May 29, 1865, and moved its reference to unlike those of the Parthenon of Athens, it may be hoped, will for- the Committee on the Judiciary; which motion was agree<\ to. ever escape alien as well as domestic spoliation. Wl..Jen the roof shall Mr. RANDALL moved to reconsider in aU the cases just acted on; be replaced by one that will be fire-proof, as the whole of the Capitol and also moved that the motion to reconsider be laid on the table. manifestly should be, and the Bky-light properly enlarged, the fitness The latter motion was agreed to. . of the Hall for its patriotic purposes will be fully demonstrated and Mr. HAMILTON, of Indiana. I move the House take a recess until scarcely anywhere excelled. eight o'clock this evening for the purpose of going on with the debate In this Hall once ~athered such men as Webster, Clay, and Calhoun, on the Geneva. award hill. John Randolph, Felix IJrundy, and George JticDuffie, John C. Spencer, The motion was disagreed to. Rollin C. Mallory, and John Quincy Adams, Tristam Burges, Tom. And then, on motion of Mr. KEHR, (at five o'clock and thirty min- Corwin, and Thad. Stevens, supplemented by a long procession of utes p. m.,) the House adjourned. other brilliant names not without. honor in t-heir own country. Here war was declared against. Great Britain; here that Navy which super- seded gunboats was created; here momentous questions as to the tariff, PETITIONS, ETC. public lands, and the national bank have been debat-ed and deter- The following memorials, petitions, and other papers were pre8ented mined; and while the furniture has been and galleries will he re- at the Clerk' desk under the rule, and referred as stated: moved, the old Hall will forever remain redolent with t.he eloquence By 1\ir. CHAPIN: The petition of 29 citizens of Newburyport, Mas- and the well-earned fa.me of many whose services to the Republic sachusetts, for the repeal of the check-stamp tax, to t.he Committee of were and are gratefully appreciated. · Ways and Means. The contributions of statuary thus far made by the States show By Mr. GOODE: Papers relating to the petition of Edward L. that in point of a.rtistic merit they will not be infedor to works chosen Young, for compensation for injUiies received in the naval service, to by other instrumentalit-ies, and t.heexamples already in placE\ are suf- the Committee on Naval .Affairs.· ficient to indicate the future imposing grandeur of a silent congreRs, By Mr. HlLL: A paper relating to a post-route from Clarksville, assembled in marble and bronze, representing some of the most dis- Habersham County, to King's Store, Rabun County, Georgia, to the tinguished Americans of a past era, and standing forth here to guard Committee on the Post-Office and Post-Roads. forever the immortality of the Republic. Trno, there are not yet so By Mr. MAGOON: Memorial of tbe Legislature of Wisconsin, for many present but that inquiries are made with regret for the absent. the establislmtent of a tri-weekly mail from Marquette, via Kingston, When shall we behold Old Hickory from Tennessee, and the great to Portage, Wisconsin, to the same committee. Commoner from Kentucky T Can old Virginia for~et John .Marshall Also, the petition of Henry L. Mann, Samuel Merrie~ and 58 other and Patrick Henry 'f Are not William Penn and Nathauiel Macon, citizens of Fair Play, Grant County, Wisconsin, that the present tariff Oglethorpe and Stark, Tom. Benton and Sam Houston, and Douglas on lead be retained, to the Committee of Ways and Means. also worthy of conspicuous remembrance among those who are to By Mr. VANCE, of North C:uolina: A paper relating to the estab- stand as monuments to the glories, both State and national, of om· lishment of a post-route from Blue Ridge, North Carolina, via Tryon, early hist.ory f There are names conspicuously identified with t.he to Campohello, South Ca.rolina, to the Committee on the Post-Office origin and progress of each State _whose fame will not only be likely anil Post-Roads. to endure, but to grow brighter and more valuable with the lapse of By Mr. WALSH: The pe1ition of John Fulton, for compensation time, just as the patTiotic treasures of Statuary Hall will become in for cord-wood, grain, and hay taken and used uy the United States the oeuturies we may hope they are destined to endure more a.nd Army in 186:3, to the Committee on War Claims. more precious, loved, aud revered. By Mr. WHITT HORNE: Tlwpetitionof JohuP. ·wmiams,of Gibson The early history of many of the States is marked by featnres of County, Tennes ee, for compensation for a horse lost in the war with enduring as well as of romant.~c interest, and they have often eu- .Mexico, to t.hc Committee of Claims. gagcd tllo attomion not only of their own citizens but of the world. 1876. CONGRESSIONAL RECORD-SENATE. 3739 The gravity of the events, military, political, and religious, bas fur- a flock of volunteers stood ready to follow. Uncouth as his language nished abundant themes to historians, orators, n,nd poets, and t.b e might sometimes be, it was never deficient in homely vigor, and he lives of the leading men of the times illustrate the proverb that truth was ever the trusted patriot, whether thE? question involved was with is often stranger than fiction. Virginia and Kentucky, Louisiana New Hampshire or New York, with the Uanadas or with Congress. and Illinois, Pennsylvania and Ohio, each and all have th~ir legend- There were more than one of the old thirteen States which contrib- ary lore as affectionately and reverently pondered over as that fur- uted not more to the independence of our whole country than even nished by the Knickerbockers of New York or by the Puritans of the limited and scattered population where Et.ban Allen bore so large Now England. . a sway. In the days when all were young there appears no more stubbornly It would be a trespass upon the proprieties of the occasion to pre- independent. State than that defended by the Green Mountain Boys, sent at any length a biography of one whose history every school-boy and her early bist.ory lacks no element of fascination for eit.her youth knows by heart, and yet enough of personal anecdote to indicate a or age. Vermont, decorated by Connecticut River on one side and few traits of character may not be out of place. It will be. remem- Lake Champlain on the other, was the theater of border war between bered that the January declaration of independence by Vermont 1be English aud French, and her thick woods of evergreens and sugar- amounted to this: "Free and independe~t of all nations and king- maples were often traversed by the war· parties of the Adirondacks doms, except the kingdom of God;" but the people were as true to and Mohawks and the Iroquois, whose disputes about the title to Congress as the needle to the pole. When Allen's brother Levi fled their bunting-grounds may have been quite m~ bitter and bloody as to Canaaa, Ethan promptly petitioned to have his estate confiscated those of later contending parties. Here women and children were for the benefit of the State. Levi, hearing of 'this, challenged his too frequently seized by a stealthy foe and subjected to cruel captiv- brother to fight a duel; but Ethan refused, on the ground that it ity among savages; and settlers often tilled the soil while their fire- would" be disgraceful to fight a tory." locks were kept within reach. Good land could be bought cheaper Failing in his expedition to capture Montreal in consequence of the here than much poorer land in Massachusetts, where it is related that failure of Colonel Brown to co-operate in an attack upon the oppo- a whole t.ownsbi p was sometimes sold" for £460, three barrels of cider, site side of the city, he was captured himself and put on board aves- a11d thirty quarts o~ rum;" but the early settlers of Vermont not sel of war bound for England. He acknowledges some favors as to only had to buy their lands, but in order to keep them they had to his treatment while a prisoner, but bitterly refers to the great '' plu- fight for them. One crusade was no sooner ended than another be- rality" of the abuse received. While handcuffed and fettered with gan. Nor were the savages and wild beasts their most formidable foes. irons weighing thirty pounds, to which an iron bar was attached The country had never been explored or surveyed, and charters from eight feet long, upon being insulted he twisted off with his teeth in . the King conflicted and clashecl one with another. New Hampshire a fit of anger a tenpenny nail which bad been in~erted in the bar of grants were confused by those of Massachusetts and Connecticut, and his handcuffs, and astonished the lookers-on still more by the tor- were overlapped by those of New York, which was even then aspir- rent of invectives he poured out against those who had given the ing to win the title of "the Empire State." The King in council was provocation. After between two and three years' imprisonment he Jlerplexed by rival claims. New York had been pi1shed back by Mas- returned to enjoy again the confidence of the people, who found he sachusetts and Connecticut to within twenty miles of the Hudson, bad served the cause of independence abroad with the same zeal he but was in no mood to be pushed by Vermont, and bad obtained a exhibited at home; and his prominent traits of character had lost decision which extended her jurisdiction eastward over the whole of none of their peculiar charms, and his words had all of their former Vermont to tb,e Connecticut River, and now not only claimedjnris- tough, gamy energy. clict.ion but also claimed property rights. To this the hardy settlers Whether he appeared before Congress in person or by letter, his would not tamely submit, and successfully resisted. After a.strnggle opinions were no less clear than emp'batic. In 1781 be wrote to Con- of years they secured their propert.y and complete jurisdiction over gress that- it and themselves. Thoy had paid Governor Benning ·wentworth, ! am as resolutely determined to defend the inrlependence of Vermont as Con- of New Hampshire, for their grants, and they resolutely clung to them gress is that of the United States; and rather than fail, I will retir~ with the hardy at all risks. They had added tenfold, sometimes a hundredfold, to Green Mountain Boys into the desolate ca>erns of Lhe mountains, and wage war their value, and had no idea of any pa-ssive surrender. When the with human nature at large. courts at Albany decided against them, Allen told their attorney The first man sentenced to be bung in the State had drawn to- that "the gods of the valleys are not the gods of the hills," and left gether on the day from remote places a. multitude of people to wit.- him not a little bewiluered as to what court the land snits were ness the execution ; and w ben, by some official interposition, the thenceforth to be appealed and adjudicated. When pa-r ties came to execution had been postponed, they became dangerously clamorous enforce these decisions they were warned away "on pain of suffering that there should be no postponement. Allen thereupon mounted a the displeasure of the Gre-en .Mountain Boys," and, if they dill not stump, where this tribune of the people failed not to display his obey, the intruders were subjected to the penalt-y of the "Beach power, telling them all, in conclusion, to go home a.nd come back upon Seal," or, according to Ethan Allen, were "chastised with the twigs a certain day," when they should see somebody hung, if not the pris- of the wilderness." "The transferring or alienation of property," oner, he would be hung himself." Thus law and order prevailed. said Allen," is a sacred prerogative of the true owner-kings and A catalogue of the literary, political, and theological works of Al- governors cannot intermeddle therewith." When New York offered len, however useful and pungent at the time some part of them may large rewards for the apprehension. of Allen and others, be retaliated have been, are not calculated to add much to his fame. He was for by oft'tmng a s.malJ and contemptuous reward for their obnoxious at- a time a free-thinker, and felt that he should be as well treated, as torney-general, and stated in his proclamation that " althou~h thoy he said himself, in " the world of spirits as other gentlemen of my have a license by the law aforesaid to kill us, and an indemniticat.ion merit." .. for so doing by the-same authority, yet they havenoindemnification There are other incidents in the life of Allen of greater consequence for so doing from the Green Mountain Boys." and of not less personal significance than those I have enumerated, Ethan Allen was one of those marked characters which are the ex- requiring, however, too much space to present; hut the one which c1nsive outgrowth of a new country, grand in proportions ancl odor- gives most luster to his name and which the statue presented by Ver- ous of the forest. He was a chieftain never loth to court danger, a mont is intended to honor, is that of Ticonderoga, and occurred more pioneer of rough-and-ready sagacity, and a leader whose will was than a year prior to our national Declaration of Independence. often the paramount law. In spite of all the adverse statecraft of Our grievances with the mother country had multiplied without surrounding colonial governors, supported as he was by a band of fit diminishing those of the settlers in Vermont, and had also enlarged associate , he achieved success, and must be reckoned as one of the the ambition of Colonel Allen, by giving him what he called a "relish heroic founders of the State. Both his swonl and his pen were sharply for martial glory." Already widely h-nown as a brave defender ot the employed in this service, and his tongue was wont to wake the mount- rights of his follow-men, he at once espoused the cause of American ain echoes with "a flood of language" which, if adding little to the liberty, and contributed his full share not only to the independence graces of history, failed not to tire the hearts of the people. of his State, but to the independence of the United States, and in Allen was born in Connecticut, January 10, 1737, and migrated to that behalf won the first victory of the Revolution. Vermont in 17G9. lie was then thirty-two years of age, in the very The battle of Lexington was fought April19, 1775; and Massa-chu- prime and beauty of manhood, six feet and four inches in height, and setts, .the hot-bed of rebellion, with Connecticut, burned to retaliate, as an athlete would have made no mean figure at the Olympian games and with that end in view both conceived the idea of seizing upon of the ancient Greeks. When the young painter Benjamin West, upon Fort Ticonderoga. But when their limited expedition arrived in going abroad, first saw t.he statue of Apollo Belvedere, as De Pnv re- Vermont they found Colonel Allen and his Green .Mountain Boys or- lates, he exclaimed, "How like a young Mohawk wanior !'' ·The ganized for the same enterprise, and they would have no other leader. muscular and well-rounded proportions and gigantic stature of Allen, On the 9th of .May, 1775, having made a forced march from Ben- though perhaps more of a Hercules than of an Apollo, doubtless nington, two hundred and thirty strong, they arrived at the lake op- excited similar admiration at first sight among the pioneers of the posite to Ticonderoga. There they had great difficulty in procuring embryo State ; and this admiration wa-s daily augmented by his re- boats, and only got the officers and eighty-three men across as the sounding words, qua.int wit, and daring exploit.s. His image became day began to dawn on the morning of the lOth. No time was to be indelibly stamped upon the State, and the people, electritied by the lost. Allen briefly harangueu his men in a speech, which if not as recital of his adventures, and always sure that he was no sham, are classic as that of Napoleon at the battle of the Pyramids, was effect- still proud to claim him as a veritable hero. Fertile in resources as ive enough to make at ·least one century look back upon him. He· he was himself, there were around hlm others wiser, even some wiser told them it was" a desperate attempt; which none but the bravest brothers; but a policy once suggested or determined, he was the en- men dare attempt. I do not urge it on any col.itrary to his will. gine, always fired up, to swiftlycarryitinto execution. When he led, You that will undertake voluntarily, poise your firelocks!'' It is 3740 CONGRESSIONAL REOORD-SENATE. JUNE 10, needless to say that e\ery man poised his firelock. At the head of memorial of gratitude for his great services to his St.a.te and country, his center file, Colonel Allen led the way to the wicket-gate, where but also as an enduring contrilmtion to the history of the times when the sentry, after snapping llis fusee at him in vain, retreated, but States f?unded upon high principles o~ republican liberty were b~ing closely pur ned by Allen and his comrades to the interior of the fort. created m the new world, devoted as 1t must seem by Providence to The garri on were surprised. Allen I'nshecl to the lodgings of the the establishment and development of equal right among men. commander, Captain Delaplace, and onlered him to come forth in- Ethan Allen was a man of gifts rather than acquirements, althougt stantly or he would sacrifice the whole gani on. ''At which," to use he was not by any mean deficient in that knowledge obtained fro.rr the words of Allen, "the captain came immediately to the door with reading and from intercourse with men. But it was the naturalforce his breeches in his band, when I ordered him to deliver me the fort of his character that made him eminent among the worthies wbc instantly. He asked me by what aut.bority Idemandedit; I answered founded the Republic and pre-eminent in that little band of brave him,' In the name of the Great Jehov-ah and the Continental Con- and intelligent men who, by the sheer force and intensity of their gress I"' . true devotion to the protection of the rights and interests of the Green 'The prompt surrender of "old Ticonderoga" followed, together Mountain Boys, founded the State of Vermont. with the garrison of about fifty men a.nd officers, one hundred pieces The disorders that led to the formation of the State began at a date of cannon, one mortar, and a number of swivels. The next step was earlier by some years than the Declaration of Independence. They to send part of the force to Crown Point, which was easily captured, arose froQl the local and apparently trifling circumstance of conflict- having only a few men, hut with an armament about equal to that ing land grants made respectively by the colonial governors of New of Ticonderoga. "This surprise," in the words of Allen, "was car- Hampshire and New York. ried into execution in the gmy of the morning of the lOth of May, It happened by that destiny that is sometimes said to do nothing 1775. The sun seemed to rise that ·moming"·ith superior luster, and amiss that Ethan Allen and his coadjutors upheld tlle grants of the ·Ticonderoga and its dependencies smiled to its conquerors, who tossed governor of New Hampshire and resisted those of the governor of about the flowing bowl apd wished success to Congress and the lib- New York, although the latter were in point of strict law possibly the erty and freedom of America." better title. In the midst of those trouble , w bile the settlers under The point of time happily chosen by the scnlptor, Larkin G. Mead, the New Hampshire grants were defending their posse sions and homes to represent the hero, appears to have be~n just after he knocked at by force against the New York claimants, the contest between the the door of the commander of the fort and had ordered him with colonies and the British government culminated in open rebellion. thundering voice to come forth instantly or the whole garrison would A few weeks after the battles of Lexington and Concord Ethan be sacri.ficed. There was a moment of suspense; the invaders, with Allen, acting under the suggestion of the General As embly of Con- cocked guns, stood in line ready for any fray ; Allen not knowing necticut, from which colony the New Hampshire grants ba-d been what might yet remain to be encountered, but with his sword firmly chiefly peopled, with a force of only two hundred and thi.rty men, sur- grasped, and his left arm and band clinched across his breast, stands prised and captured the British fortress of Ticonderoga, within the like a giant, conscious of soma power to crush a foe, sternly resolved acknowledged jurisdiction of the colony of New York, thus obtaining to crush or be crushed, and nothing loth to proclaim the exalted the first affirmative triumph of the Revolution in and for the colony sources of his authority. whose, government had, ns he and his fellow-settlers believed, tram- It will be generally admitted, I think, that the conception of char- pled with cruelty and oppression upon their right . The circum- acter by the arti."'t is truthful, and that it has been displayed with stances of the capture were dramatic in the highest degree; they are wonderful sklll and vigor. The costume is in close harmony with familiar to all and need not be repeated at large. But it was signifi- the times, the sash having been copied from one be wore, and all the cant, as it bas been in recent times, that the dmwn. swonl was neces- details are handled and fini bed in the highest style of art. If there sary to make effective the n,uthority of Congress; when the gray was anything lacking in the life 01~ character of Allen necessary to morning of victory opened, as Allen himself expressed it, with a sun- perpetuate his memory, it would seem to have been supplied·by the rise of ''superior lnster," and with libations for "success to Congress genius of the sculptor. and the libertv and freedom of America." Vermont tenders this offering with that holiest sentiment of tho After a fewv months devoted to defending the possessions of ltis human heart., which would honor the great deeds of ancestors in fellow-settlers, as well as to the interests of the general canse of tho order that they may be emulated by futuro generations, and tenders colonjes, we find him with that d.esperate dari.ng charactorist.ic of bis it also to strengthen the bonds of affection which may serve to unite nature, although holding no regular commission under Congre s, and cement to~cther our great sisterhood of States. taking the most difficult and dangerous service under Generals Schuy- Mr. ED.)lUNDS. Mr. President, what may be fitly said on an oc- ler and Montgomery, against 1\Iontre::tl. . casion like this must be brief and necessarily inadequate to a full In the course of this duty, and really through the failure of tho sup- portrayal of the chief qualities and deeds .of the men to whom, by porting troops, he was captured in attempting the reduction of thut statues and orations, we make grateful memorial. town. He wag taken to England and thence to South Carolina, and Wherever civilization, even in its earliest germs, has found a foot- kept a prisoner until he was finally exchanged. During this period be ing, an instinctive sentiment has led to the endeavor to perpetuate was made to submit in every way to the extremist rigor ever practiced the memory of those who bav~ been leaders, and have impressed in civilized warfare upon a captive whose status was umlefinocl. The their individuality upon the progress of society, by effigies in some British officials, in the doubt thnt existed whether he should be exe- enduring material that should give to succeeding generations a vivid cuted as a traitor or held as n. prisoner of war, seemed determined idea of tbeirpersonalityand,asfar as possible, of their most noble acts. that he should suffer more than the punishment of both conditions, In the long career of mankind, when written accounts of }Jattles and subjected him to every privation and misery, and heaped upon and triumphs and rulers have passed away, there still appear to ns, him daily contumely and insult; but the high spirit of a brave man exhumed from the bosom of the all-embracing earth, the portraits and patriot rose in exact proportion to the cruelties showered upon in bronze or more enduring marble of the great actors in founding him. Undismayed and unsubdued he asserted the liberty of speech states, in contests, in government, and the progress of arts, from the (the only liberty left to him) with that rough but caustic wit and good very morning of the world. . · . sense that commanded the respect of those who were the instruments Italy gives to us not only the monuments and statues of 1mpenal of his oppression. Exchanged at last at New York, in .May, 1778, and republican Rome, but also mementoes of that dim and earlier after reporting to General Washington at Valley Forge, he returned civilization, the marks of which are founu so abundantly in tho pic- to Bennin~ton, Vermont, "the capital of the Green .Mountain Doys," torial inscriptions upon t11e Etruscan vases and other ceramic works. where, as he says in his narrative, he" arrived on the evening of t.h e TJ:le old Assyria opens to our gaze the treasures of Nineveh and the last of Ma,y, to their great surprise; for I was to them as one roso most instructive examples of the culture and progress of her early from the dead, and now both their joy and mine was complete. Three dynasties, while Egypt furnishes from the heart of her pyramids sculp- cannon were fired that evening, and next morning Colonel Herrick tures and inscriptions that give information of her ancient career gave orders, and fourteen more were discharged, welcoming mo to that otherwise would have been long lost; and Troy, mythical or real, Bennington: thirteen for the United States and one for young Ver~ unbosoms from her thrice-buried walls the story of Priam and his mont." sons; and but for the objects in pottery and in stone found in so many No sooner had he reached his home than be took again his acknowl parts of our Western World its history beyond four centuries wonld edged place as the chief leader o~ the Green Mountain Boys in thei! have remained practically a blank. Dim as is the light that these unhappy contest with their neighbors of New York and in the great old memorials give, it is far better than the impenetrable darkness cause of freedom for all the States. that would exist without them. Almost at that moment of time the affairs of Vermont took the It is even now, perhaps, not too much to say that the people who completed form of a constitutional, organized, and independent gov- would send something of their history to the remotest generations ernment, tho first eleetion under a written constitution having taken wHl do it not so much by treatises or manuscripts or printing upon place on the first Tuesday of March, 1778. But New York, as well paper or by solemn archives of parchment as by objects sha.ped by as New Hampshire indeed, was unwilling to give up her pretensions cunning hands in bronze or stone, expressing the story of human ex- to dominion over the beautiful and fertile valley of Lake Champlain perience and human endeavor that will appeal to the understanding and the magnificent country of hill and moontain between it and the and sympathies of distant ages by suggestion and symbol, rather Connecticut. than by consecutive narrative. · Congress, too, turning its face, as is always natural, toward the most If this be so, the placing of a statue in the gmnd historic Hall of powerful claimant, inclined to ignore the independence of Vermont, the Capitol is not merely a ceremony calculated to gratify the pride while the British forces in Canada constantly threatened the young of a State, but it is a contribution to the most enduring of historic Republic with disaster and destruction. Then the bold and reckless :records. · We then dedicate this heroic statue of a hero not only as a soldier Allen was transformed into ,the astute and wily diplomatist, 1876. CONGRESSIONAL RECORD-SENATE. "3741 1 and he set off against each other the pretensions of New York and Mr. EDMUNDS. I cannot ascertain whether it is proper and right New Hampshire and the clai.ms of .Massachusetts to the territory of until it is taken up, so that we can hear the report read. Vermont and at the same time negotiated with the British authorities The qu-estion beiug taken by yeas and nays, resulted-yeas 33, to such purpose that he protected the whole northern frontier from nays 4; as follows: · invasion, and.so rendered, as he intended, the best possible service to YEAS-Messrs. Allison, Bogy, Booth, Capert{)n, Christiancy, Cockrell, Cragin, the general cause, although the conduct of Congress and New York Eaton, FetTy, Hamilton, Howe, Ingalls, .Johnst{)n, Keliy, Kernan, Key, McCreery, and New Hampshire might have excused the infant State, beset on Maxey, Merrimon, Morrill of Maine, Morrill of Vermont, Mort{)n, Norwood, Pad- 'd · h · l b dock, Patterson, Robertson, Saulsbury, Sherman, Thurman, Wauleigh, Wallace, every 1 e, m ecuring er own mterests a one y an easy arrange- Withers, and Wright-33. ·meut with the British Crown. . NAYS-Messrs. Anthony, Conkling, Dawes, and Edmunds-4. After infinite difficulty and. delay, during which the great spirit of ABSENT-Messrs. Alcorn, Barnu.in, Bayard, Boutwell, Bruce, Burnside, Cam- All hi fl. t · d d d th V t t h ld f t eron of Pennsylvania, Cameron of Wisconsin, Clayton, Conover, Cooper, Davis, en c e Y sus ame an encourage e ermon ers 0 0 asDennis, Dorsey, Frelinghuysen, G1>ldt~waite, G1>rQ.on, Hamlin, Harvey, Hitch- to their position of independent equality, Congress and the contend- cock, .Jones of Florida, .Jones of Neva.rl;l, Logan, McDonald, McMillan, 1\litchell, !ug parties acceded to her demands, and Vermont, among the first- Oglesby, Randalph, Ransom. Sargent, Sharon, Spencer, Stevenson, West, Whyte, born of separate and independent States on this continent, became and Windom-36. in 1791 also the first star a~ded to the constellation of the American So the motion was agreed to; and the Senate, as in Committee Union. of the 'Whole, proceeded to consider the bill (H. R. No. 648) for To be the founder of a free state is perhaps the greatest fortune the relief of Andrew J. Barrett. It directs the Secretary of the that can happen to any man. Ethan Allen ca,n be justly described Treasury to pay to Andrew J. Ba,rrett the sum of $154, in payment as such. Others of his compeers, such as Warner, Ba,ker, Cochran, of draft numbered 3609 on the United Sta,tes depository at Richmond, and the Fays, were also illnstrious chiefs and leaders, but to Allen Virginia, dra,wn by Peter A. Kellar, the disbursing agent, upon \V. more than to any other one belongs, I think, the honor of the achieve- M. Ha,rrison, the officer in cha,rge of the United States depository at ruent; and in thischaracterhisname is now a household word among that place, in favor of Andrew J. Barrett; the draft bearing date all the inlutbitant,s of the State ; and it is also honored and revered Jan nary 28, 1861, a,nd being for the first payment for ta,king the eighth iu every part of our Union as tha,t of one of the boldest and most census. persistent spirits of the Revolution. Mr. EDMUNDS. Let the report be read. When peace and order and iud.epemlence had been obtained, Allen The Chief Clerk read the following report submitted by :Mr. CA...'U- quietly and gladly retired from pul>lic service, and occupied the short ERON, of Wisconsin, from the Committee on Claims May 22: 1·emainder of his life ln the simple pursuits of a husbandman near The Committee on Claims, to whom was referred the bill (H. R. Na. 648) for the Burlington. He expired on the 12th of .February, 1789, a,nd was l>uried relief of Andrew .J. .Barrett, have considerB9- the same, and submit the following in the cemetery of Green Mount, in that town, where his State, in report: · t' f his · h t d t h' A draft for $154 was drawn by Peter .A.. Kellar, disbursing agent for the eighth gra teful appreCJa lOU o serviCes, as erec .e 0 IS memory a census, on the 28th of .January, 1861, in favor af Andrew .J. Barrett, then assistant monumental column, now surmounted by a statue the voluntary United States marshal, in Virainia, for payment in part w him for services ren- ofiering of citizens of the Sta,te. dered in taking this census, and' drawn on W. M. Harrison, iii charge of the Uniteeen paid over on this draft if it had been pre- which was referred to the Committee on Post-Offices and Post-Roads, sented to the drawee at once, was turned over to the confederated ·and ordered to be printed. State of Virginia, and by her applied to making war against the United States. ANDREW J, BARRETT. I should be glad to l1ave the cbairm:m of the committee or some- Mr. CAPERTON. I move to take up House bill No. 648 for the body t;ell me upon what principle it is that this gentleman living in relief of Andrew J. Barrett. Richmond, this draft ha,ving been drawn against a fund that waa Mr. EDl1UNDS. I hope that bill will not be taken up. I am very there and ready to respond, did noli present his draft for a long time, anxious to get to a matter of general importance. I ask a division if at all, until tbe public enemy had taken possession of the money on taking it up. and used it. When I get that question answered I hn.ve one or two Mr. WRIGHT. Before the division is taken I wish to make one more to present. . snggest.ion. I suppose the obje({t of the Senator from Vermont is to M:r. WRIGHT. I desire to say with reference to this bill that I ascertain whether we have a quorum before we proceed with any shall have to plead entire ignorance upon the snl>Ject for the reason husiness. I am not in favor of proceeding with any business unless that it passed the committee at a time when I was not present. The we ha,ve such a quorum. Senator from West Virginia, who called the bill up, is, of course, fa- 1\!r. EDMUNDS. That result will be reached by a division. miliar with all the circumstances, and I shall not pretend to answer Mr. WRIGHT. I wish to suggest whether it would not be better the question that has been suggested. This is a bill, as I remarked, simply to take up the Calendar of unobjected cases without a divisioll, which passed the committee at a time when I was absent from the and let the struggle to obtain the floor on individual cases come up city, and I do not know anything about the particulars. after it is ascerta.ined we have a quorum. Mr. CAPERTON. The report was made by the Senator from Wis- · The PRESIDENT pro tempore. The question is on the motion of consin, [Mr. CAMERON.] I know nothing about thQ case except the the Senator from West Virginia to proceed to the considemtion of the fa-ets set forth in the report. It seems to me there ought not to l>e bill which he has named. · any question about the payment of the · debt. This party had ren- The question being taken by a division, the ayes were 22, and the dered the service to the United States Government, and he was paid noes 7; no quorum voting. in a draft. For the reasons set forth in the report he could uot ob- Mr. SHER~IAN. I call for the yeas and na,ys. tain his money, and the only question is whether it is due to him and The yeas and na,ys were ordered. proper that it shoUld be paid to him. Mr. CAPERTON. If the Senator from Vermont will hear the bill Mr. EDMUNDS. The law and justice, if I correctly unc.lcrstand .read he will see that it is proper. It will not take a minute to dis- the law and appreciate sentiments of justice, are perfectly in accord, pose of it. It was refen·ed to the committee a,bout two months ago, that where a man who owes another draws a draft in his favor, a and was considered by them and reported favorably. It only in- check on the bank, (for that is what this case is, it being on th~ as- ·vol ves the smn,ll sum of $154. sistant treasurer at Richmond,) where he bas funds for the payment CONGRESSIONAL RECORD-HOUSE. JUNE 10, of that check or draft, and does not present it for payment within a reading of the report, but it does not disclose tho facts to which I reasonable time, and that in n. matter of payment is as soon as the refer. course of ordinary busines.~ will bring it around, and the bank fails Mr. SHERMAN. I hope.the bill will be postponed. It ought not to and the money is lo t, the man who owed the debt and gave the pass in its present condition, because it is plain that this man held a. draft is discharged in law: ancl justice, too. Here the United States draft that would have been paid if presented in due course. He held the money devoted for this pmpose in the hands of its public must have held it for three or five months without presentation ant! depository in Richmond. It gave this man an order on it for pay- then pre entefl it tothecaptorsofthe money, whorefused to pay it. It ment., he living in Richmond. He ne~lected to p1·esent this order, as seems to rna that unless he explains the long delay between January this report states, be never presented 1t, and by and by, three or four and May, if that was the time when the draft was refnsetl by the au- months after, the State of Virginia "scoops," as they say out West, thorities of Virginia, he is r,learly not entitled to the money, and by the whole ofthat money into her treasury and disposed of it. Can it the commercial law of any State or any conntry he has lost his right be said there is any justice in going back and callin~ on the to it. If in the mean time the fund on hand at the time of tho draw- drawer of that draft to make it good f It is certainly not the law in ing had been stolen or lost in any way he wonM have lost the money commercial countries, if I correctly nnderst.and it. by his neglect. It seems to me we ought not to set a precedent of Then there is another circumstance. I should be glad to have the that kintl unless the cause of delay is clearly explained. Senator from West Virginia, who probably knows or can ascertain, Mr. WRIGHT. I wish to make an inqnil·y. If the Senator from inform me what became of Mr. Andrew J. Barrett. If it should turn West Virginia propose-s to press this bill to its passage now, I wish out that Mr. Andrew J. Barrett1 being a man of function down there to say a very few words in connection with it. If he a.oes not intend was one of the very people who assisted in abstracting this money to press it, I shall not take np the time of the Senate. I suggest to from the United States depository and t.urning it over to the confed- him, however, that, as the Senator from Wisconsin [Mr. CAMEUON] erated authorities, t.hen I think, and an additional principle of equity who reportetl the bill and is familiar with all the circumstances, is might come in, that he wonlJ not have any strong claim upon the not present, perhaps it might be as well not to insist on its passage Trea-sury of the United States. I think that is a fact that ought to at this time. I think there are matters in connection with this report be ascertained. We ought to know the whole history of this transac- which wonld be a complete answer to very much that has been saill tion, because, I repeat, that it is publicly known, it is notorious, that and which it is very proper to answer. The inquiry with reference a great many thousand dollars of the money of the United States in to the status of this person toward the Government may not be suf- tlw possession of this Mr. Harrison was taken possession of by the ficiently answered by the report; and yet I have thought that per- confederate State of Virginia and appropriated to her use in carrying haps in that respect there is a sufficient answer, as the report found on military and ot.her operations. That being a notorious fact, we in his favor. We know perfectly well that we never havo reported ought certainly to have a very careful inquiry, in order to know what in favor of any person who occupied a doubtful status toward the diligence this man used to get his money, why he did not present his Government. The Department itself says this is a just claim and draft, and whether he had anything to do with the seizure of this ought to be paid and would be paid but that his accounts were closed. property and cash of the Unit-ed States and turning it over; because But, all the circumstances considered, I suggest to my friend whether if he had I take it everybody would agree that it is no part of our it would not be well to have the bill passed over until tho Senator who business to pay him over again. He would be taken to have had . a reported it shall be present. chance to get his money. Mr. CAPERTON. I have no objection to letting it take that course. There is another curious thing here. It appears that Barrett paid The PRESIDENT pro tempo1·e. The bill will be placed back on this draft over to William Thompson, sheriff of Boone County. The the Calendar, if there be no objection. The Chair hears none. draft lay in Thompson's hands for a long time and when he attempted to REDEMPTION OF UNUSED STAMPS. use it by turning it over to J. M. Bennett, the auditor of public accounts of Virginia, Mr. Bennett refused to take it. I suppose Mr. Bennett, Mr. KERNAN. I move that the Senate proceed to the considera- the auditor ofpublic acc01mts of Virginia, afierthis long time, which tion of tho bill (H. R. No. 1100) relative t() the redemption of unnE.ed I take it was during the rebellion, did not wi~:~h to take as cash a, draft stamps. I will nsk the clerk to read the bill and the letter of the drawn by the United States on its money in the hands of Harrison, Commissioner of Internal Revenue, Mr. Pratt; which, very likely, the United States depositary, which the State of Virginia had already will be satisf:tctory. The bill is reported unanimously from the Fi- entirely absorbed. She bad already got the money, and he did not nance Committee. propose to allow this draft against it. Mr. THURMAN. Unless the Senate is disposed t.o go on with the I think that we should be setting a very extraordinary example of Calendar of nnobjected cases, I will move that th~ Senate adjourn. the administration of public justice to private claimants if we pay Mr. KERNAN. I suggest that the letter of the Commissioner be this sum, which, to be sure, is small, but the principle is a great one, read, and then we can see if the Senate will not pa..'lS the bill. It is a to this man until we know something more of the history which at- House bill and has been here a good while. Ouly a few persons are tends this tmnsaction; because it will not be at all surprising if it interested in it. turns out that this Mr. Barrett was one of the confederates who as- Mr. THURMAN. I withdraw my motion. sisted to capture this money against which he had this draft ant funds. 1876. CONGRESSIONAL RECORD-HOUSE. 3743 EXROLLED DILL. ENTRY OF GOODS AT L~TEmiEDIATE PORTS. ~lr. HA~IILTON, of Indiana, from the Committee on Enrolled Bills, Mr. BRADLEY, by unanimous consent, introduced a bill (H. R. reported that .they had examiuetl and founu truly enrolled a bill of No.3687) to amendsectiou3117 of theRevit:~ed Statutesof t.lte UniteJ the following title; when the Speakt\r pro tempore signed the same: States relative to entry of goods taken or uelivered at intermediatJ An act (H. R. No. 1071) for the relief of Lieutenant James B. Sin- ports; which was reatl a first and second time, referrcu to the Com- clair, United States Anny. mittee on Commerce, a.nd ordereu to be printed. EXTRADITIO.!'i TREATY WITH GREAT BRITAIN. LIGHT-HOUSE AND FOG-BELL O.Y ROUND ISLAND. l'lte SPEAKER pro tempore. 'l'he Chair lays before the Honse a Mr. DURAND. I am instructed by the Committee on Commerce met-! age from the President of the United States, transmitting are- to report back favorably the bill (S. No. 676) authorizing the con- port from the Department of State in relation to the construction of struction of a light-house and fog-bell on Round Island, Straits of the extradition treaty with Great Britain. Mackinac, and move that the committee be discharged from the fur- The Clerk read as follows: ther consideration of the same, and that it be referred to the Com- To tile House of Representatives: mittee on Appropriations. · · I transmit herewith, in answer to the resolution of the Honse of Representatives The motion was agreed to-. of the 30th day of March last., a report from the Secretary of State, with accom- panying papers, which presents the correspondence and condition of the question DONATION OF CONDEMNED CANNON. up to the day of its date. U.S. GRANT. Mr. JOHN REILLY, by unanimous consent, from the Committee on WASHINGTON, June 10, 1876. Military Affairs, reported back, with the recommendation that it do The message ancl accompanying papers were referred to the Com- pass, the bill (H. R. No. 3396) donating one condemned cannon and mittee on Foreign Affairs, and ordered to be printed. carriage to the Soldiers' MonumentAssociat.ionof Susquehanna Coun- ty, Pennsylvania; and the same was referred to the Committee of the AGREEMENT WITH SIOUX NATION. Whole on the Private Calendar, and the accompanying report ordered Mr. BOONE. I ask unanimous consent to take from the Speaker's to be printed. table the bill (S. No. 590) providing for an agreement with the Sioux Mr. JOHN REILLY also, by unanimous consent, from the same Nation in regard to a. portion of their reservation, and for other pur- committee, reported back, with the recommenda.tion that it do pass, poses, in order that it may be referred to the Committee on Indian the bill (H. R. No. 3570) granting condemned iron cannon for a mon- Afi"airs. ument to General Kearney; and the same was referred to the Com- There being no objection, the bill was taken from the Speaker's mittee of the Whole on the Private Calendar, and the accompanying table, read a first and second time, referred to the Committee on In- report ordered to be printed. dian Affairs, aud oruered to he printed. COIDIUNICATION BETWEEN NEW MEXICO AND COLORADO. TAXES PAID BY BALTBfORE A..l.~D OIDO RAILROAD COMPANY, ETC. Mr. BAKER, of Indiana. 1 desire to offer the resolution of inquiry mittee Mr. JONES, of Kentucky, by unanimous consent, from the Com- which I send to the desk. on Railways and Canals, reported back an executive docu-- Mr. BLA.ND. I demand the regular order. ment in reference to the lines of communication between Northern :Mr. BAKER, of Indiana. This is simply a resolution of inquiry. New Mexico and Southern Colorado; anu the same was referred to I trust the gentleman will allow it to be read. the Committee on Appropriations. The SPEAKER pro tempore. The resolution will be read for infor- MEDICAL CORPS OF THE .ARMY. mation, after which objections to its present consideration will be in Mr. BANNING. I ask unanimous consent to report from the Com- order. · mittee on Military Affairs the bill (S. No. 320) to reduce the number The Clerk read as follows: and increase the efficiency of the Medical Corps of the United States Resolved, That the Secretary of the Treasury, if not incompatible with the pub- Army. . lic service, be, and he is hereby, requested to report to tbi.a House the amount of I will say that an exa-ctly similar bill has already passed the House, . int.ernal-revenuo taxes paid by the Baltimore and Ohio Railroad Company and its branches and by the Central Pacific Railroad Company and its branches from the and the Committee on Military Affairs agreed unanimously to it. I 1st flay of July, A. D. 1Bfl4, to the 31st day of December. A. D. 187l, on undivided ask that the bill be passed at this time; but if any one wishes to lis- profits, on profits used for construction or improvements, or carried to the account cuss it, I will withdraw it. of any fund. The SPEAKER pro tempore. Is there objection to the consideration Mr. BLA.ND. I havo no objection to that. of t.he bill now f - There being no further objection, the resolution was agreed to. No objection was made. CHANGES OF REFERENCE. The bill·was read. It reduces the number of assistant surgeons now On motion of Mr. BRIGHT, by unanimous consent, the Committee allowed by law to one hundred and twenty-five; abolishes the office of Claims was discharged from the further consideration of the bill of medical st.ore-keeper; aml provides, in addition to the grades now (H. R. No. 3019) for the relief of William R. Wilmer, late collector of allowed by law, for four surgeons with the rank, pay, and emolu- internal revenue for the fifth district of .Ma.ryland; and the same was ments of colonels; eight surgeon& with the rank, pay, and emoluments referred to the Committee on Ways and Means. of lieutenant-colonels, to be promoted by seniority from the medical On motion of Mr. BRIGHT, by unanimous consent, the Committee officers of the Army. That the act shall not be construed to deprive of Claims was discharged from the further consideration of the fol- any medical officer or store-keeper now in office of his commission iu lowing bills and petitions; and the same were referred to the Com- the Unit.ed States Army. mittee on vVar Claims: The bill was ordered to a third reading; and was accordingly read · The bill (H. R. No. 3236) for the relief of Robert L. Lindsay, late the third time, and passed. captain of the Fiftieth Regiment Missouri Volunteers; Mr. ·BANNING moved to reconsider the vote by which the bill was 'fhe bill(H R. No. 3529)for the relief of Dr. Mary E. Walker; passed; and also moved that the motion to reconsider be laid on the 'fhe bill (H. R. No. 3357) for the relief of Mary and Albert F. Lava- table. lette, executors of the estate of Elie A. F. Lavalette, deceased; The latter motion was agreed to. The bill (H. R. No. 1098) for the relief of Charles H. Frank; UNITED STATES COURTS IN COWRA.DO. 'flle petition of John J. Busby; and · The petition of Robert E. Finne!, for goods furnished the United Committee Mr. PATTERSON. I ask unanimous consent to report from the States Army during the rebellion. on Territories the bill (S. No. 546) to furthet· the adminis- trat.ion of jnstice in the State of Colorado; and if necessary, I will RANGE-LIGHT IS MAUMEE BAY. make a short statement in reference to the bill. 1\Ir. KERR. I am instructed by the Committee on Commerce to Mr. WILSON, of Iowa. Let us hear the bill read. · report back the bill (H. R. No. 2898) to provide for the construction The bill was read. It provides for the establishment of a district of a range-light in Maumee Bay, Ohio, with au amendment in the court in Colorado when aclmitted as a State. nature of a substitute, and to move that the bill and substitute, to- The bill was orrevent or restrain any philosophical, mechan- peal section 821 of the Revised Statutes of the United States and to ical, or scientific exhibition or expenment which may be made at said centennial provide an oath for grand and petit jurors in the courts of the United exhibition under such regulations as shall be prescribed by the proper officers or States. managers thereof: Provided, however, Thn.t nothing herein con tamed shall be construed to authorize a.ny person other than the inventor thereof or hi ageut.'i · The pending question is upon the motion of the gentleman from or assigns to exhibit any new and useful improveml'nt, combination, or mechaui- Kentucky to reconsider the vote by which the bill was ordered to be cal contrivance not heretofore manufactured nnd. solu. engrossecl and read a third time. Mr. KNOTT. On that motion I call the previous question. The question was upon ordering the bill to be engrossed and read The previous question was seconded and the main question ordered; a third time. and under the operation thoreof the motion to reconsider was agreed Mr. LYNDE. The only object of this bill is to enable parties who to. are inventors of machines or philosophical apparatus to exhibit a't the Mr. KNOTT. I now move that the bill and the pending amendments centennbl exhibition the machines of which they claim to be invent- be recommitted to the Committee on the Judiciary. ors without being interrupted by parties who may claim that snch Mr. KASSON. That is right. machine is an infringement upon previous patents; and tbo bill ap- Mr. lL.'WTT'S motion was 3greed to. plies only during the exhibition. There is a great deal of feeling, as is well known, between parties who have patents for machines accom- AMENDMENT OF REVISED STATUTES. plishing the same object, and there may be a confli t between them Mr. KNOTT, from the same committee, reported back the bill (H. as to whether the patentee is tho original inventor of the machiue. R. No. 353) t.o amend section 1911 of the R.evisecl Statutes of the United This bill is to prevent the getting out of an injunction prohibiting States, with the amendments of the Senate thereto, with a recommen- the exhibition of such a machine at the centennial exhibition. It haR dation that the amendments of the 1:5enate be concurred in. nothing to do with the ultimn.te sett.l ement of the rights of the pn.r- _The amendments of the Senate were rea-<1, as follows: ties, but merely to permit the exhibition of such machines easels as provided for in the original section, though no table. affidavit be made as required by this amendment. Tile latter motion wa~ agreed to. Mr. DUNNELL. I would like to have the gentl~man from Wiscon- IMPROVEMENT OF THE FOX A.ND WISCONSIN RIVERS. sin [Mr. LYNDE] state what are the provisions of the act of which Mr. LYNDE also, from the same committee, reported back, with a this is amendatory. favorable recommendation, the bHl (S. No. <392) to amend chapter 166 Mr. PAGE. I would like to ask the gentleman a. question. of the laws of the second session of the Forty-third Congress. l\1r. LYNDE. Certainly. The bill provides that the Secretary of War may apply so mnch of Mr. P.A.GE. This bill, just reported by the Committee on the Ju- the $25,000 appropriated in the second section of tile act of March 3, diciary, is intended to carry into effect the act of 1875, is it not f 1875, to aid in the imp1·ovement of the Fox and 'Visconsin Rivers, in Mr. LYNDE. It is. the State of Wisconsin, as may be necessary to pay the salaries of the Mr. PAGE. I t does not change the la--v in any pn.rticular, only commissioners to a.ssess the damages for prop·e rty so taken, &c. renders the act of 1875 operative. .M.r. LYNDE. I will state that by the second section of the act of Mr. DUNNELL. Let the gentleml\n from Wisconsin [Mr.. LYNDE] March 3, 1875, 25,000 was a-ppropriated for the Fox and Wisconsin state what the original act is. river improvement, to be applietl for the payment of the property Mr. LYNDE. The section in regard to which the gentleman from taken aD(l the expenses provided for in the previous section. -The Minnesota asks reads as follows : act further provided that commissioners should a-ssess the damages SEc. 5. That it shall be nnl!l.wful for aliena of the following classes ro immigrate for property taken or overflowed, and this bill merely provides that int very important bill, and ought to be the followillg title, with amendments; in which the concurrence of considered carefully by the Honse. I ask that it may be read by the the House was requested: clerk. A bill (H. R. No. 32u3) making appropriations for the senice of the \.Mr. HURLBUT. I would suggest that it would be more intelligi- Po ·t-Office Department for the fiscal year ending June 30, 1877, and Ole to the House if the Clerk will read the bill as it is proposed to be for other purpos' . amended by the committee. If so read I think the House will un- The message also announced that the Senate had corrected a cler- derstand it better. ical eiTor in the second and thlrd paragra,phs of the report of the com- The SPEAKER pro tempore. If there be no objection the bill will mittee of conference on the disagreeing votes of the two Houses on be read as proposed to be amended by the committee. the bill (H. R. No. 2441) authorizing the appointment of receivers of There was no objection. national banks, and ·for other purposes, by changing the number of The bill, as proposed to be amended, was read as follows : the Senate amendment from eleven to ten. Be it enacted, &c., That from and after the passage of this oot the plaintiff in RECEIVERS OF NATIONAL BANKS. any action at law or proceeding in _e quity, if found entitled in such ·p roceeding or ootion to recover damages for mfriugement of any patent, shall recover only for The SPEAKER p1·o telnpore. The message just received announces such damages for infringement a.4 shall have occurred for and during the term of that the Senate has amendecl .the report of the committee of confer- one year immediately "P.receding the notice of infringement, and after such 'notice ence on the bill (H. R. No. 2441) authorizing the appointment of re- shall be given and until the date of the judgment: Provided, That, where no other ceivers of national banks, aml for other pmposes, by changing the notice of infringement shall be given, the commencement of a suit for such infringe- ment shall be construed as notice. • number of a Senate amendment from eleven to ten. If there be no SEC. 2. That the measure of thf\ plaintiff's da.ma~es shall be the same in law and objection, the amendment will be concurred in by the House. in equity; and the rule in all cases shnll be to give to the pl!l.intiff, as far as pOS· There was no objection, and it was ordered accordingly. sible, a reasonable recoml?ense for his time, labor, in;!enuit.y, and expense. Where a reasonable recompense m form of a license fee has been established, that <>hall be DAMAGES FOR INFRINGEMENT OF PATENTS, taken as the measure of damag-es; and, where no such license fee ha8 been estab. Mr. LYNDE. A few days a.go the bill (H. R. No. 3370) to amend lished the court or jury may determine, from the evidence, what would be a rea- sonauielicense fee, according to the circomstances of the _case. And, whenever the the statutes in relation to damages for infringement of patents wa-s court shall be of opinion toat the d'\mages ought to be increa eel the court may in- reported, with all?endments, for the purpose of printing and recom- crease the same, not exceeding, howevf\r, three times the a.mount of the license fee, mitment. I now move to reconsider the vote by which the bill was as shown, together with the costs. And the court shall have power, when necessary recommitted, in order that it may be put on its passage. to prevent injustice, to diminish the dama:!eS in like manner. A.nd no other re- covery for damages or profits shall be :illowed except as provided in this section. The motion to reconsider was agreed to. SEc. 3. That every patent, or any interest therein, shall be assignable in law. by The question recurring on the motion to recommit, it was not agreed an instrument in writing; and the patentee, or his assigns or legal reJ.lresentatives, to. may, in like m:mner, grant. and convey an exclusive right under tho patent for the The SPEAKER pro tempm·e. The bill is now before the House. whole or any specifieh to perpetuate testimon.v showing, or In some cases large amounts of money have been invested and large tendin,g to show, that any applicant or patentee w~ not the first and origina1 in- manufacturing establishments built upon the belief that a party holns: R~ may file a bill or petition in tl1e circuit court of any district in which the parties having inventor, when in point of fact the prior right to the invention was the right to sue for infringement of said patent, or of any of them, resicle or may claimed by another party. This bill provides that where such a party be found, setting forth the llate and subject of the patent, and the name of the brings suit for infringement, he shall not be permitted to recover patentee, the names anrl residences of the several parties interested in saicl patent damsges for more thn,n one year previous to the time of having noti- so far as known to him, the names of witnf'sses proposed to be examined, and -his desire to perpetuate ttlstimony, as aforesaid. On the dofentlaut bPing brought into fied the defendant that he claims there is an infringement. This court in the usual w3-y, thecolut may enter an order or orders in the case, directing will enable the defendant to make inquiry into the ri~ht of the plain- when and where the evidence shall be taken. lloth parties ma.y attenrl at the time tiff to the patent, to determine whether he is infringing or not, and and place, or times and places, so desi.,.nated by the court, or at such times and then either to settle or abide the consequences; for after notice is places aM they may a;ree, and then an8 there introlluce such legal testimony as they may soo'fit. beanng on the que>~tion aforesaid; which evidence, when so taken, given the party may .rest as long as he sees fit before he brings his shall be filed among the records of the court; and the same, or dul.r-certitied ~opies action. The bill further provides that where no notic~ is actually theroof, shall thereafter be received in all suits on said patent to which the said given, the commencement of the suit shall be considered notice. plaintiffd or petitioners, or any of them, and any of the defendants, or thoseclaim- Mr. EDEN. Suppose that the plantiff has had no notice of an in- mg by, throu~h. or under them, shall be parties. Aml the complainant OI' petitioner in any sn.ch proceed in~ shall, within thiTty days after the filing in the court of any fringement which has been going on for a long time. In that case such testimony, file in lihe Patent Office a certilicate of the clerk of the court setting does he have no remedy under t.hls bill' Such infringement may forth when and where such testimony was taken and the names of the wib:les&es occur in a distant part of the country, and the owner of the patent examined, which certificate shall be enterecl of record by the Commis ioner of may for a long time have no information of the fact. Patents in thl\ assirnment-records of the r~atent Office. Any number. of persons, whether jointly interested or not., may join in said petition; ancl, if necessary, sev- Mr. LYNDE. Well, sir, the owners of patents are very apt to find eral petitions may be filerl, at the election of the petitioners, in different districts out when there is any infringement; for where the patent is really of where any other parties interested iu said patent resides or may be found. Each any value they have their agerits and attorneys all through the United party to said petition shall pay the cnsts of taking it O\Tn testimony, but all the costa of court shall be paid by the petitioners; but the court may, in it-s discretion, States. The evil which may arise in such a case as that supposed uy assess upon the complainant or petitioner any part vr all of the le*.al costs. the gentleman, does not begin to compare with tho evil now felt by SEC. 6. That the four hundred ancl ninety-third 11ection of the .IWvised Statutes manufacturers who have suits brought a,gainst them when they had be amended to read as f,,uows: - . no idea that they were infringing any body's patent. "The price to be paid for uncertified printed copies of specifications aml draw- ings of patents shall be determined by the Commissionet· of Patents, within the Mr. EDEN. It seems to me that in snch cases as I have supposed limits of fifty per cent. in excess of the cost of printing the same." great injustice may be done to the owners of patents. Mr. LYNDE. Our patentlawsconfer especial privileges upon these Mr. LYNDE. I am instructed by the Committee on the J ndiciary parties; and of course there is no injustice in making such provisions to ask the House to concur in t.he amendments made by the commit- . as will protect manufacturers and the people generally against any tee, and then to ask that the bill, a-s amended, be put upon its passage. abuse which may arise in this way, or against the improper recovery Mr. OLIVER. May I ask the gentleman a question f of damages where the parties using the patents are entirelv innocent. Mr. LYNDE. Certainly. Every lawyer who is accustomed to patent suits understands very 1\lr. OLIVER. I understand that the bill applies to actions now well that in almost all of these patent cases there is a nice question as pending as well a-s to actions hereafter to be begun. Am I right t to w hetber the defendant is infringing or not. The Government goes Mr. LYNDE. It applies to all actions. on issuing patent after patent; and the party holding a pate.nt of Mr. OLIVER. It seems to me a dangerous and unusual thing to subsequent date may believe he is the holder of the original patent; ameud the law so a to change the rule of damages on actions now and yet somebody previously having the patent brings a euit against pending in court. I desired to know what was the provision of the thls subsequent patentee, and claims that this subsequent patent is bill in regard to that. an infringement of his, and shuts up his shop or his manufacturing es- Mr. LYNDE. It applies to all actions; and I think no injustice is tablishment. He has a right to close it entirely and destroy his prop- doue by the bill in that respect. There is certainly no injn tice in erty. Now this law merely provides that he must give notice to the applying the provisions of the bill to existing actions, if it is proper party or else he should only be entitled to 1·ecover damages for one to apply them to actions which may be brought hereafter, for the year previous to the suit being brought. reason that even in existing actions plaintiffs would only he ullowed IV-235 3746 CONGRESSIONAL RECORD-HOUSE. JuNE 10, to recover damages for one year previous to the commencement of t.he edge of the owner of the patent-right that his patent has been in- suit, no notice of infringement having been given. fringed, and under this bill be. can recover nothing for such wrongful Mr. OLIVER. Perhaps there might have been no infringement use. within the year. If we propose to prot.ect this kind of property at all, it seems to me Mr. LYNDE. If there wa.s no infringement within the year, then that we ought not to pass this bill. A great many innocent parties are no damages would be recovered. , interested in patent-riy an infringement of his patent, and that without and they are trying to dispose of them in an honest way. regard to the fact of uotice or the time when he shall have discovered Now, sir, while they are thus endeavoring to sell their rights other that infringement. I am opposed to any limitation in the bill which parties are infringing on the patent in different parts of the country will, where it is clear there ha.s been an infringement of the patent, without their knowledge, and if a year passes before they discover restrict -t he right of the patentee to ·recover damages for that in- such use, they have no right of action under this bill and no protec- fringement. tion whatever for their property. . Mr. LYNDE. From my observation in patent suits, I think that This it seems to me is against the entire policy of our patent laws. the patent law at the present time works more injustice than it does We say that a man shall have the right of action in case his patent benefit to the American people. But whether that is true or not, it is is infringed, and then we say that if any man steals an invention and certain that the law is made use of at the present time by patentees uses it secretly the patentee shall not have the right of action un- and patent lawyers for the purpose of breaking up or oppres ing, or less he discovers t.he theft within one year. extorting large sums of money from the manufuctming and industrial Mr. LYNDE. I believe the gentleman's five minutes have expired, interests of om country. And this law is reported merely for the pur- :1nd, as the1·e are but five minutes left before the morning hour will pose of protecting the community against those abuses. expire, I must a-sk the previous question. I believe, for one, Mr. Speaker, that if a person ha.s a patent from .Mr. EAMES. Will not the gentleman allow me to make a single the United States Government he ought not to be liable in damages remark! to any previous patentee who may bring suit against him for infringe- llr. LYNDE. I mnst insist upon the previous question. ment, because it is the duty of the Government to examine every ap- . Mr. VA.NCE, of North Carolina. I hope the gentleman will allow plication that is made for a patent in the Patent Office. They have me to make a remark. I think I ought to have a right to say a word, scientific experts there whose duty it is to determine as to every as I am connect-ed with the Committee on Patents. patent npplied for, whether it infringes on any previous patent or not ; .1\.lr. LYNDE. I am compelled to insist upon the previous question. and when it is found that that is not done, the patent is then issued. Mr. VA.NCE, of North Carolina. Then I hope the House will vote The patentee, then, goes forth to the country with his patent to me- it down. chanics and manufacturers, and the people believe that lie hn.s the The SPEAKER p1·o lempm·e. The gentleman from Wisconsin de- right, as inventor of that patent, and that they have a right to use mands the previous question, and the Chair bas no alternative but to the machine. But here comes a prior patentee claiming it is an in- put the question. fringement of his patent. The case comes on in court; experts are The question was put upon seconding the previons question; and called, and men who follow the business of testifying a.s a profession- upon a division there were-ayes 71 noes 53. hired experts, who receive large fees for giving testimony in patent Mr. CANNON, of Dlinois. I call for tellers, a.s no quorum voted. cases-come forward and swear that the subsequent patent is an Tellers were ordered; and Mr. LYNDE and Mr. EAMES were ap- infringement upon the prior patent, and the manufacturing estab- pointed. lishment is necessarily closed. It is to remedy this evil that this bill The House divided; and the tellers reported-ayes 85, noes 28; no is presented and its passage recommended. quorum voting. Mr. COCHRANE. That certain abuses have grown up in the ap- Mr. CANNON, of lllinois. I call for the regnlar order, as I believe plication of the patent laws there can be no question; and I quite the morning hour bas expired. agree with my friend who has just taken his seat that it is very un- The SPEAKER pt·o tempore. The Chair wuuld state that the morn- fortunate in many ca.ses that parties should be put to expense and ing hour has expired. trouble in defending unjust snits which may be brought against them Mr. COCHRANE. I call for the regular order. for alleged infringements of patents, where in point of fact there has Mr. LORD. I move that the House resume the consideration of the been no infringement. But that is not the question to which I spoke. Geneva award bill. The gentleman from Wiscon.Sin has not replied to the suggestions At this point Mr. SAYLER took the chair as Speaker pro tempore. which I made. SILVER COIN. The letters-patent which are granted to an inventor guarantee to him the right of property in the thing which he bas invented. He Mr. COX. I nsk my colleague to yield to me for a moment. has the same right of property in his invention aa he has in the horse Mr. LORD. Certainly. which he owns, or in the farm which he owns; and any one who in- Mr. COX. I thank my colleague for yielding to me to enable me fringes that patent, any one who violates that right of property, to ask the House to finish up some mattenJ from the Committee on should be held amenable for that violation. And I am opposed to any Banking and CuiTency which have been placed in my charge, and as bill which provides that although a party may be able to show in a we are authorized to report at any time I ask to report back from court of j nstice that he has sustained damages from the infringement that committee unanimously what is known as the Payne silver hill. of a patent to the extent, say, of $10,000, yet that because, forsooth, The House bas thoroughly discussed it, and upon a motion to snsptmd he can only show that he has sustained within a year damages to the the rules has given it a majority. I do not propose now to discuss it, extent of $1,000, ajnry is to be precluded from allowing him the $9,000 because it has had full discussion. damages which he sustained prior to that year, and that he is com- I bring it up at this time simply because I am informed by the pelled to take only the $1,000, the amount of damages which he sus- Treasurer of the United States and other officers connected with the tained within the year. fiscal affairs of the Government that the passage of the bill is impera- Mr. LYNDE. I move the previous question. tively demanded, not only in the interest of this city and the com- Mr. SAMPSON. I ask the gentleman to allow me to have a few mercial centers, but for the purpose of re-issuing the coin already in moments before he demands the previous question. the Treasury. The committee reportt! a substitute for the bill intro- Mr. LYNDE. Certainly; how much ti!D-e do you want f duced by Mr. FROST, of Massachusetts. I a.sk that it be put upon its Mr. SAMPSON. Not more than five mmutes. passage, and on that I call the previons question. :Mr. LYNDE. I will yield to the gentleman for that time. Mr. PHILLIPS, of Kansas. I object, if it is not in order. Mr. SAMPSON. I was not aware, Mr. Speaker, that there would Mr. COX. The committee ba-s a right to report at any time. be a bill of this kind report.ed from the Judiciary Committee this The SPEAKER p1·o tempore. The committee baa a right to report morning, or I should have given it some attention. The theory of at any time under the amended rule. • our laws is that we will protect the property of pat.entees; that prop- Mr. COX. I report from the Committee on Banking and Currency a erty of this character is entitled to protection the same as any other. su bstitnte for Honse joint resolution No.109, for the issue of silver coin. This bill proposes that no person shall be protected in his rights of The Clerk read the substitute, as followM: property in a patent, except to secure damages for oue yea1Js use, Strike out all after the enacting clause and insert the following: That the Secretary of the Treasury, under such limits and regulations as will unless lie can give actual notice to the parties infringing that they best secure a just and fair distribution of the same through the conn try, may issue are trespassing upon his rights; that is, if a party sees proper to in- the silver coin now in the TreMury to an amount not exceeding LO,OOO,OOO, in ex- fringe upon an invention and nse it in secret, and the patentee is not change for an equal amount of legal-tender notes; ani!. the notes so received in ex- able t-o discover its use for a year after the same has terminated, he change shall be k11pt as a special fund, separate anrl apart from all other monev in the Treasury, and be re-issued only upon the retirement and destruction of a like can secure no damages therefor. Now we have an extensive country. sum of fractional currency received at the Treasury in payment of tive to the subsidiary coinage: Provided. 'l'hat clisposed to allow both committees to tender their united wisdom and t.h e amount of money at any one time invested in such silver bullion, exclusive of such resulting coin, shall not exceed $1,000,000. exp~rience to solve the question; but the gentleman from Pennsyl- SEC. 3. That the tmdo-llolla.r shall not hereafter be a legal tender; anrl the Sec- v.tma [.Mr. ~LLEY] had no doubtful voice. He nrged. the Ways and retary of the Treasury is hereby authorized to limit, from time to time, the coinage Means, as clld my colleague, [Mr. WooD,] n-s the proper and only thereof to snob an amount aa he may deem sufficient to meet the export demand organ for initiating and reporting remedial legislat.ion on currency. for the same. Here is what the gentleman from Pennsylvania said: Mr. COX. I demand the predous question. Mr. KELLEY. Mr. Speaker, in connection with what the gentleman from New Mr. PHILLIPS, of Kansas. I hope the gentleman will not do that. York ·[Mr. Cox] -has just said, I would like to call bis attention and that of the Mr. REAGAN. Will the gentlem~n allow me to offer an amend- House to the fact that the distinction made in the successive distribution of the ment to strike out two or three words f President's me.ssa~e is a philosophic one. They refer all questions relating to the greenback to the Liommittee of Ways and Means. As was sup;gested bytheotber l\fr. COX. I am authorized by the Committee on Banking and Cur- gentleman from New York, [Mr. Woon,] tho greenback is a part of the national rency to allow my colleague on the committee, the gentlema.n from debt. But it is more than that, sir. It is money. It is the cm1-ent mon11y of the Ptmnsylvania, [.Mr. TOW:NSEND,] to move an amendment striking out realm. It is the legal tender with which all private (lebts and almost at[ "PUblic "$20,000,000" and ineerti.ng "$10,000,000." debts may befaid. It is the substance of which currency is t.h e shadow. Checks, drnfts, bills o oxchnnp;e, bank-notes are liquidated in money, and therefore that By leave and favor of the House I am permitted to make a few which is at once part of tho debt of tho country anfl the legn.l-tender mouey of the remarks touching this silver legislation. country ha-s always been referred to thoUommitt.ee of Ways n.nd Means. * * • Before entering upon the brief discussion, may I be allowed to The conclusion of this mn:tter, Mr. Speak~r, at that time, was a say that these matters have long since been considered by the Com- submission of such questions by my acqniesceuce to the Committee mittee on Banking and Currency t They were considered and ordered of Ways and Men:ns. The gentleman from Iowa [Mr. KASSON} thus to be·reported long before the House gave th::~t committee the privilege emphusizf\d this submission: to report at anyt.ime. Premising that the committee diduot crave such Mr. K.Asso!'l. I ask permission of the chairman of the Committee of Ways and an honored privilege, and th~tt they have no wish to abuse it, I may Means to say a single word. It is this: Th'lot if this resolution is adopt~d, as I pre- say that they have instructed me to use the courtesy of the House sume it will be, rn.nd I do not oppose it,) I desire it may be distinctly nmlerstootl by the HouRe and tho country that ori~nallegislation touching the payment or re- only for nrgent purposes. demption of the notes kno""ND as legat-tender or greenback will be with the Com- The bill which ha.s already passed was one that seemed too urgent mittee of Ways ani Means, and not with the Committee on Banking and Currency. to be disregarded any longer. The demand for "change" was im- . I distinctly wish to h!J.•e that understood-for one at least, and for others around perative·and popubr. As I have already shown, the daily and hourly me here--th:l.t the question will be with that committee. interests of trade and business required that bill as a sluice to allow I submit, therefore, that if any committee is to he reprehended for the free issna~ce of the silver coins already authorized this session. lack of n,ctivity in this matter it is not tbe Committee on Banking I have shown authentically what amount bas been placed in circula- and Currency. Or, to be more logical, it does not lie with the Ways tion and what amount remains retarded by the slow processes pro- and Means to derogate from ns because of any dilatoriness. They vided. The bill just passed was an indispensability. It was not in- are to say it mildly, equally charged and equally responsible for any tended to be a contraction or inflation measure. The a.rgument fori t is non-action. one entirely temporary. It is the ab oonveniente. It cannot be disr~­ The simple trntb is, that it JS a problem where no hurried agree- garded. ment was possible. No report from any committee, or from u,ny party, The bill now before us bas a like approval by the guardians of the would have received general acquiescence. Mint and Treasury. It has been well considered by the committee. At la-st it seems to hnve be~n regarded that the Bn.nking and Cur- The bill (No. 3647) now under consideration would continue the sup- rency Committee possessed the most patience and studiousness in ply of silver coin for change, until the demand is filled. Those who dealing with the problem; and it is a matter of regret that in its de- are conversant with this branch of our public service do not think liberations we ha.d no Moses like t.he gentleman from Pennsylvania twenty millions too large. · There is some export demand for this [Mr. KELLEY] to guide us through the wilderness to the promised lancl! subsidiary silver. At present prices of silver bullion it can be coined Mr. Speaker, having t.hns vindicated our committee for its seeming at a profit of fmm 6 to 7 peT cent. About fifty millions will be re- slowness, let me commend it for its wisdom. It has done nothing to quired (a.nd I say this authoritatively) for purposes of change in the disturb the business interests of the country. The House has already country. It will take the place of fractional currency; antl it is very approved '>f one of its bills on this silver question. Because we have clear that, unless these billi or some additional coinage bills axe passed, been as yet unable to frame a substitute or make acceptable condi- more fractional currency will have to be printed. That would be a tions upon the repeal of the futile resumption act, it does not follow step ba.c kward in the way of resumption. The people will not re- that when a full committee appears to consider and report, that we trograde. will not obey the precept of the Honse in giving us leave to report The Treasury bas issued about $8,500,000 and they have about seven at any time and present something upon that topic for legislative and a quarter yet on band. These two bilh; will make no excess, and action. I sincerely hope both will pass at once anfl together. As to the bill now before the House, which bears the paternity of the Mr. Speaker, I trust it will not be considered either indelicate on honorable gentleman from Pennsylvania, [Mr. RANDALL,] some re- my part or emb::J.r rassing to any other committee that I should report marks may be added by leave of the Honse in explanation of its these bills from the Banking and Currency Committee. The honor- provisions. able gentleman from Massachusetts, [Mr. HOA.R,] who is not now pres- The first section of this bill a.ddsto the subsidiary coin already au- ent, in tile most complimentary and respectful way intimated that the thorized, and which has been issued, all too slowly, to take up the presentspeaker pro tentpore should b~ chary of indulging iu the active fractional currency, twenty millions. Under this bill our mints may business of legislation on the floor. 1 agreed with him; but it is within make and the Treasury issue this amount. his exception that I am instructefl to finish the business delegated to To eflectuate this minting and issuance the Secretary of the Treas- me before the honorable Speaker, [Mr. KERR,] now so la.mentabl)' ury may buy, from time to time, at market ntes, with any money in stricken with illness, intrusted to me the engrossing duties as tempo- the Treasury, the silver bullion. It allows no increase of the bonded rary chairman. I perform these trusts best by pursuing my line of debt. That objection is obviated. The coin is to issue as in ordi- duty on which lie thes~ bills as to silver coin, long since passed upon na.ry disbursements, or on exchange for legal-tender notes at par. by the committee of which I am chairm:m. Hence it takes up what it gives out; and no valid objection going to It was urged recently in debate by the distinguished champiou of thlj volume of the currency is t-enable as valid to the l.:lill. It will be t.he greenback currency [Mr. KELLEY] tha.t the Committee on Banking noticed that the bill forbids any loss to the Treasury either in the and Currency should not have the right to report at any time; because coinage or issue; the cost of purchase at the market rates must cover so long a time has elapsed without report from that committee on these such expense. The gain or seigniorage is to go into the Treasruy n.ll-importa.nt questions. under t.he existing laws. But the committee, by au amendment t,o I have obtained leave to present these remarks, to state, in jsutifica- the original bill, prudently provide that the amount inve ted in bull- tiou of the seeming inaction of our committee, that we were not the ion at any one time-excluding the resulting coin-shall not exceed sole custodians and interpreters as committee-men of the difficult .fis- a million of dollars. The wisdom of that proviso is in its caution~ 1876. CONGRESSIONAL RECORD-HOUSE. 3749 We do not know what. the condition of the Treatmry may be; nor of the bullion, and the profit or seigniorage arising therefrom shall do we delegate to the Treasury the whole discretion as to the pur- accrue to the Government; provided, that the total amount of silver chase of bullion to any great extent. coin issued under this act shall not exceed the sum of $2f>,OOO,OOO. It is known t.hat the act of January 14, 1875, to resume specie pay- This m:ty be reported favorably. Why f Saint Louis receives from ment contemplated this issue of silver coins, equal in number and Utah, Colorado, and the l\fexicos ores in sacks and in rocks. She ha-& amount to the fractional currency of simibr denominations. Besides mu.nufactories for separation. Many millions are embarked in thls it gave to the Secretary of the Treasury discretion to issue the coins, enterprise and more millions are ready. It seems good sense to allow as we provide in this bill in the ordinaq disbursements of the TI·Aas- t.hese ores to be separated by our native chemistry and enterprise ury, as through the mints, sul>treasuries1 post-offices, and public de- instead of sending them to Wales. If this be done, why not allow positories. This act wa.s simply re-enforced by our legislation of this the resulting bullion to be coined for private parties and t.he seign- session. It is a policy we do not propose to repeal in connection with iorage retained by our Government f · the resumption act. But that is yet to be considereu fully. If it be considered wise aml When this bill was first presented it bad in it a provision for twenty- expedient, the trouble, expense, and 1isk of coinage will be saved, five millions. We have reduced that amount to twenty millions; and and the coins go out. If private interests do not use this privilege, one of the Banking and Currency Committee, [Mr. TowNs~rno, of no harm can come from the passage of the bill. If. the bill now be- Pennsylrania,] will present ~t further amendment limiting the amount fore the House be a failure, then perhaps this bill yet to be consid- to ten millions. He will give his reasons, and thAy are entitled to ered may be a ·proper and useful substitute. the consideration which experience and judgment bestow on that Another bill is pending before the Senate. It has a wider scope, just gentleman. and may find a more intelligent consideration than in this ha-sty leg- That twenty millions is not too mnch, IS testified to· by the Trena- islation of to-day. The amendment of the gentleman from .Missouri urer of the United States, and will appear by the facts whi~h I state. [Mr. BLA.J.~] looks toward such a policy. I m.a.y be pardoned for sug- The coinage statistics show that there was uuder the act of 1ffi3 forty- gesting its features, and the reasons for it, a.s I learn them from the ·eiO'bt millions of silver chnnge out. Director of the Mint. It may be objected that the money of the Treasury will have to be The proposed dollar of 412.8 grains with silver at fifty-two pence used to provide this additional coin. But bas it not already been corresponds very nearly in gold value with the paper dollar. (Gold , shown t.hat in the long run it is cheaper to issue the silver, which at 112t.) runs forty or fifty years and costs to make ~t about as much a.s to make It is to be a legal-tender in sums not exceeding $20, and receivable the fractional currency per annum f The economies favor the issue without limit in payment of dues to the Treasury except duties on of silver. imports. Besides, is silver disregarded as the legal-tender of the Constitu- Under the provisions of the aet for the resumptio•1 of specie pay- tion f If the organic law is unchanged, is it questionable whether ments the paper dollar may be expected to graduallJ appreciate, and the silver of legal standard can be limited as t.o amount when used by January, 1879, be at par with gold. ns a. legal-tender! But I do not propose to argue that. It is not probable that silver will materially appreciate in value We ha.ve a. coin, legalized, of peculiar quality and for a peculiar during the same period, and on the contrary, the inilications are that purpose. In the last section of this bill we propose to discourage the it will still further depreciate. The paper dollar proposed by that trade-dollar. It. answers no wise purpose, except for export. There Sena.te bill may therefore be expectecl to have a higher gold value is a rea on wl1y our bill should take away from• that trade-doll11.r its than the proposed silver dollar, which, although a legal lender in legal-tender quality. Itisnotourst:mdard. Its uses at homearenot sums not exceeding $20, cannot be expected to enter into circula- now as valuable as they were. But for export its demand may con- tion to any considerable extent, especially while th.e one and two tinue, and the Secretary of the Treasury is authorized, from time to dollar bills continue out. The principal demand for the new dollar time, to coin such trade-dollars, so as to fill the export demand. By will be for the payment of internal-revenue dues to the United States, this, all know, is meant the demand in our Japa;nese and Chinese for ·which it will be used in preference to legal-tenders as long as it trade. can be procured at a lower rate than the latter. Assuming this as Its gold value is ninety or ninety-one cent.s. · It is a legal tender the probable result, the inquiry naturally arises as to the mode of the for its face-value at one hundred cents, to pay a debt of $5of gold on Treasury for getting rid of these dollars. If of less value than legal- the Pacific coast. tender notes, no one will accept them in exchange for the latter; a.nd The difference between the bullion vll!lue of silver and the nominal bein~ a legal tender for only $20, they could not be paid out to any or tale value is, say, 8 per cent., and this is realized by depositors in- consulemble extent in the ordinary disbursements of the Treasury. stead of the Government. The Federal depositmi.es, under present AB these do1lars may, however, pay any dues to the Government laws, cannot refuse to 1·eceive tra-de-dollars. This trade-dollar inter- equally with legal-tender notes, they will, until the issue has been feres with the Government business of coining small silver, and has considerable, maintain a value nearly equal to the legal-tender notes; become redundant on the Pacific coast. There are two millions of it but whenever the issue shall be in e:.wess of the demand for the pur- in circulation, and the chief hnm of its redundancy and existence is pose indicated, they will, provided silver shall not m~terially ad- inflicted upon the retail dealers. vance in value, depreciate and become a drug in the market. If this In this connect.ion I will read a letter from the Director of the Mint, should prove to be the case, the United States Treasury would find it of June 8,1876. It is confirmatory of the committee's conclusion and difficult to get riu of the amount which it would be obliged to rooeive its recommendation as to the trade-dollar will f\SSist us in our votes: in payment of dues. · T.REASURY DEPARTMENT, One of the objects of issuing this dollar suggested by the Senate Ojfice of the Director of the Mint, June 8. 1876. bill appeam to be to re-establish the old relative proportion of silver Sm: I received at two p.m. your not~ of yesterday inr.losing bill H. R. No. 3:198 to gold in the coinage, 16 to 1, but that would not amount to much~ for the issue of coin and other purposes, and requesting my opinion thereon, and especially in relation to the trade-dollar clause. with a restriction of legal tender. In the present attitude of the prin- 'fhe general provisions of the bill appear to pro>"ide for the most convenient cipal European countries with respect to silver a.s a monetary standard mode of issuing silver coin additional to that which is to be exchanged for frac. and the undoubted large excess of supply over demand, may it not tional currency. be unwise to attempt to establish a double standard on a basis which The section relating to the trade-dolla.r is necessary if its coinage on private oo- count is to be continued, and princi,P:tlly for the reason tnat under ensting laws would value silver say 12 per cent. above its commercial relation to and the reduced value of silver bullion, a seigniorage or ~ain arises in its coinage gold f Let this be weighed by thoughtful legislators. \ which is realized by the depositor instead of accruing to tne G<>vernment. If it were admitted that the true policy of this country is to estab- The section, if passed as 1t now stands, will prevent :my person from being com- lish a double standard, the time ha.s not arrived even to consider pelled to receive this coin at its nominal value, and the provision placing its coin. age under the control of the Secretary of the Treasury will enable that officer to what the mtio of the two metals should be. We should first see what restrict the amount of coinage to the actual requirements of the export trade. decision shall be arrived at by France, Belgium, and Holland. Unless In tlJis connection I wke the libe1·ty of suggesting that it would be better to coin those countries adhere to the double standard, its establishment by tbe trade-dollar exclusively on Gi>>ernment account in the mode proposed, and the United States would, in the present condition of affaim, practi- with the powers and functions which a bill now pending iu the Senate confers upon a new dollar of the weight of 4l2.8 grains of standard ail ver, instead of issuing two cally be the adoption of the silver standard, and open a market for silver dollars so near alike in value. the surplus of the world, and without any reasonable prospect of ar· Very respectfully, resting the decline in the value of silver. H. R. LINDERMAN, Director. Instead of issuing a dollar of 412.8 grains, it would no doubt be Ron. S. S. Cox. Ohairwm Oom.mittet on Banting and Ourrency, far better to coin the trade-dollar exclusively on Government account · House of Representatives. and give it precisely the same character and uses wllich the pending Before I conclude, Mr. Speaker, allow me to call attention to a bill bill provides for the proposed new dollar. This would make the referred t-o our committee by the gent.leman from Missouri [Mr. trade-dollar an active and useful domestic coin, and would not lessen WELLS] yet to be considered. It may not be out of place to say that its value for export to the oriental nations. it has been favorably regarded. The coinage might be large, but there would be no danger of redun- It is a bill providing for the issue of subsidiary silver coin, and it dancy. .ena-cts that any owner of silver bullion may, with the approval of The export of ten or twelve millions to China annually would ef- the Secretary of the Treasury, deposit the same at any coinage mint fectually prevent that. With this export value no serious embar- or the assay office New York, and receive payment therefor in sub- rassment could arise in case silver should fall considerably lower; but sidiary silver coins at a rate of price per standard ounce to be fixed it would not be so with the proposed new dollar, M it would have no , and announced from time to time by tb"' Director of the .Mint, with export value except as bullion. the approval of the Secretary of the Trea.snry ; such price to be based The value of the trade-dollar is one and one-half cents more than .on the market rate. The cost of coinage shall devolve ou the seller the proposed dollar of 412.8 grains, and h:ming an export demand .· 3750 CONGRESSIONAL RECORD-HOUSE. JUNE 10, equal to abouf. one million per month. Greenbacks would be readily of fractional currency outstanding of the first four issues down to the 5iven in exchange for it, and if used to pay internal duties the Treas- last issue, which was made last February, is only $1tl,OOO,OOO, while ury would find a ready market for it. the gentleman's bill is to supply its place by an issue of subsidiary It iA quite certain that the trade-dollar, if these suggestions be coin to the amount of $20,000,000. But that fractional currency is adopted, can be made a much more active and useful coin than the still coming in. It comes in every day. The day on which I was at proposed new dollar, anu tllat the eft'ect would be to more surely and the Treasury and obtained this statement, May 25 last, there had rapidly appreciate the \alue of greenbacks; and it would be much come in of it $324,000 for the purpose of being destroyed. No man can more likely to preserve a purchasing power equ~ l to greenba-cks, and tell precisely within the. next twenty years how much of it will be with gold, after resumption, than a dollar of 412.8 grains. destroyed, for it will be corning in all the time, until the whole of it . I present these propositionA not so much by way of unreserved ap- that can be obtained comes into the 1'rea ury. proval as to provoke careful reflection. To arrive at any conclusions as to the amount that may be needed In conclusion, Mr. SJ ~aker, :~.llow me to thank the Honse for their we have to arrive at those conclusions by analogy, by ascertaining leave to present these fact.s and principles bearing upon our silver what has been the destruction of other paper currency. .A.nd I find issues. in the report of tho Comptroller of the Currency that out of tho In presenting this bill and explaining possible and future bills, we $60,000,000 that were issued by the United States from July 17, 1861, to ta.k e one more steady step forward to reach the legal tender of the December 31,1862, in fives, tens, and twenties, the whole amount out- Constitution, to obtain a currency which is worth what it costs to standing on the 1st of November, 1875, wa.s only $69,707, or one-ninth get it out of the earth. of 1 per cent. ; while this bill proposes to supply a deficiency of 40 If we utilize the labors of our mines by recurring to the universal per cent. of fractional currency. standard from which silver cannot be eliminated, there will be, in more Mr. BUCKNER. I would ask the gentleman if he thinks there is ways than one, a spur to production, a revival of trade, and increa.sed any dan,(!er of our getting too much gold and silver in the country f demands for labor. When, as in our country at present, labor is de- Mr. TOWNSEND, of Pennsylvania. Not if it is of therightweight pressed and the productive classes unemployed, it becomes us to ap- and standard. proach as nearly as possible a rigid standard. The increase or diminu- Now in New York Sta.te, of two hundred and eighty-six ba.nks, the tion in the measure of value so as to disturb that st:tnuard is injustice maximum circula,tion was $50,754,515; and after six years' notice to all. Legislation may not avail to protect against such injustice, for all of those notes to come in, after which time thAy would not be but certainly it ie our duty to avoid all artificial stimulants or nar- payable or redeemable a.t the Treasury, there was left out only cotics in the political body. Nature, a-s well as commerce and trade, $1,336,()()1}, equal to 2M per cent. of the whole amount. .A.nd again, if left unshackleu, will work out the fiscal problems of our time and thirty of those banks in the city of New York Are still re<.leeming country far better than hasty, selfish, or sectional legislation. their circulation as a matter of honor, although exonerated from it Why, then, sh{}uld we discriminate in our le~islation against silver, by the law; and of their 7,763,000 circulation there is only now un- a product of our own land t It is a product1 like wheat. It costs to redeemed $142,365, equal to n.bout lfo\ per cent. get it. Its beauty and brilliancy are infenor to no metal. Softer In Wisconsin, of two hundred and forty Stat.e banks, there are un- than copper, harder than gold, its malleability makes it a medium, redeemed only 1/Jtr per cent. .And of all the national banks which and our organic Jaw regards it as a legal medium of exchange. Its failed in 1870 there is but 1M per cent. of the circulation outstanding. very duP.tility gives it a quality a.s wonderful as that of any metal. Of the $50,000,000, then, of fractional currency which we have It may be drawn out into wires finer than hair. A grain of it may issued, the whole alilonnt that we can reasonably expect that the be extended by the genins of mech:wi~m four hundred feet in length. Government will ever be advantaged by would be about 5 per cent., Its tenacity is not los.~ remarkable. Its alloy with copper by fusion and not more than 10 per cent. at the utmost, which wonld ue about not only makes it Lmnler, but gives it a ringing sonorousness which $5,000,000. I am willing, howe,Ter, to make an reasonable allow- is beginning to make music in the pockets of the million. It may be ance and let the bill stand at 10,000,000, which would be to allow too heavy for la.zy cffemiuacy, but it is none the less precious when that 20 per cent. Qf the issne of the fractional currency would not be jin~lecl in the hancl of toiL. Our Government has fixed its standard, redeemed. as llave Britain, Austria, and France. Let ns maintain it, as our I am opposed t.o the issue of any more of this suhsicliary coi~, this fathers arlvanceu it, above and out of the slough of the continental deprecia.ted currency, than may be absolutely necessary for the every- cmrency! . day wants of trade. The experience of t.he conntry shows that there This white meta.l is not a new coin. I have seen its old mines in never was necessary more than 41,000,000 of fractional currency. Cartagena, which were onco worked by Spanish slaves under Roman There never was outstanding in the hancls of t.he people at any one masters, as Peru and Mexico have worked their mines under Spanish time more than fortv-one millions and two or three hundred thousand ~astery. The ancients used silver for coin, and made the coin unal- dollars of these fractional notes. It would be an erroneous policy, loyed. Hungary, Saxony, Norway, and .Asiatic Rm~sia have had and therefore. to issue more than was necessary for the wants of the peo- yet .have therr mines of silver; but all nations, ancient and modern, ple. If we take off 10,000,000, from the $41,000,000, it would leave fail in its production in comparison with our owu mining miracles. $.11,000,000. But the gentlArnan proposes in this bill to add to that The stories of Monte Cristo and the fables of .Aladdin and the Orient $20,000,000, making the whole outstanding subsidiary coin and minor do not touch the realities of Nevada witi.J its inculculable bonanza.s. currency over $51,000,000, a.nd inflating the currency to that extent In our present emergencies, and when the bulk of the currency of witl) a kim1 of currency that will necessarily be depreciated, because our cour.try is provincial paper; when it iA, therefore, non-exportable; it is 'an overplus. when it is neither the stanclard of wages nor prices; when it is not Now it is the f:tct with regard to thls very subsidiary coin that be- the legal tender wllich industry deserves or the Constitution contem- fore the wa.r and while it was in circulation, there being at t.hat time plates, is it not a heroic and wise movement toward honest money, to about $50,000,000 thereof, it made a plethora in the subsidiary silver prepare with caution and receive with prudence this remarkable meta.l currency of the country, and it was with the greatest difficulty that placed by Providence within the bosom of the earth, to be delved men who had large amount-s of it could get rid of it at par. Besides after as a factor in the exchanges of our ent.erprising country and busy that, it is a tax and a burden on the laboring man, because the greater world! Well might the Psalmist exclaim : '' 0, Lord, how manifold part of his purchases are made in this kind of coin at the grocers, are Thy works l In wisdom hast Thou made them all. The earth the butchers, and the bakers, and the store-keepers generally; and is full of Thy riches." knowing that they will have to pay their bills in this kind of coin to Mr. EDEN. I rise to a point of order. This bill makes appropri- their creditors in the commercial cities, and that in doing so they ations, and should have it.s first considertl.tion in Committee of the have to submit to a discount, they always take cat·e to protect them- Whole. selves by putting an additional price upon all articles which the poor Mr. COX. The point of order is mnde too Jato. man has to buy. The SPEAKER pro tempm·e. The Chair overrules the point of order. For these rea.sons, therefore, that it will be beyond the wants of Mr. REAGAN. I ask to have my :1.mendment read for information. the people and a tax upon the laboring classes to adopt the bill in Mr. COX. I have no objection to the gentlema.n's amendment be- this present shape, I hope that my amendment, which will carry the ing read. amount of currency far enough, will be adopted by the House, and Mr. TOWNSEND of Pennsylvania, Mr. REAGAN, and Mr. LAN- that the amount propo ed by my colleague, [Mr. RANDALL,] being too DERS of Indiana rose. much, will be voted down. The SPEAKER p1·o tempore. The gentleman from New York, the Mr. COX. I now yield to the gentleman from Texas [Mr. REAGAN] chairman of the Committee on Banking and Currency, yields to his to bave llis amendment read. · colleague on the committee, the gentleman from Pennsylvania, [Mr. Mr. REAGAN. I would like the gentleman to allow me :five min- ToWNSEND,] .thnt he may ofter an amendment. utes on my amendment. I do think the HoUHe ought to hear me five Mr. TOWNSEND, of PeunsylYania. I move to amend the bill by minutes on this subject. striking out "$20,000,000" and inserting" 10,000,000." The SPEAKER p1·o tempore. Does the gentleman from New York I desire in a very few words to explain the reason wherefore I offer yield T that amendment. The object of my colleague from Pennsylvania Mr. REAGAN. This is not a question upon which to gag members. [Mr. RANDALL] in introclucing the bill was to supply a deficiency Mr. COX. The gentleman says I would gag members on this ques- which he imagined existed in the fractional-currency system of the tion. Why, sir, I was about to yield to him the time he asks. country arising from the destruction of the fractional notes. I think, Mr. REAGAN. I hope the gentleman will do so. sir, I can show that the amount is far beyond what is or will be the Mr. COX. If the gentleman from Texas will withdraw the word actual deficiency that will arise from the destruction of those notes. " gag'' I will. I pave a table from the Treasury showing that the whole amount .Mr. REAGAN. Certainly. I read the n.mendment which I propose. 1876. CONGRESSIONAL RECORD-HOUSE. It is in line 4 of section 2, to strike ont the words "or in exchange notes paid for the bullion will go at once into circulation. There is, for legal-tender notes at par;" so that it will read: therefore, no feature in this bill which proposes in the least to con- SEc. 2. That the silver bullion reqnired for this purpose shall be purchased from tract the currency or to destroy any portion of the greenback circu- time to time, at market rate, by the Secreta.ry of the Treasury, with any money in lation. The million of dollars of silver bullion having been pur- the Treasury not otherwise appropriated; and the resulting coin may be issued in chased with the $1,000,000 of notes in the Treasury, the bullion is the ordinary disbursement of the Treasury; but no purchase of bciilion shall be made under this act when the market rate for the same shall be such as will not then minted, the Government secures the seigniorage, and that amount ail mit of the coinage and issue or exchange as herein .Provided without loss to the of coin is issued and goes into circulation. Treasury, and any gain or seigniorage arismg from this coinage sh:tll be accounted Mr. REAGAN. I would ask the gentleman from Pennsylvania if for and paid into the Treasury as provide(} under existing laws relative to the these words," or in exchange for legal-tender notes at par," do not subsirliary coinage: Provided, That the amount of money at any one time in- vested in such silver bullion, exclusive of such resulting coin, shall not exceed take those legal-tender notes out of c~rculation f il,OOO,OOO. Mr. RANDALL. No, sir· it only t!llows $1,000,000 to be used at any one time for the purchase of silver bullion for coin, and there- What I want to say is that in a time of contraction and depression sult in coin when it is paid out makes the debit and credit sides of the like this it seems to me to be an nowise policy to take from the cir- Government account exactly even. culation of the country any amount of the legal-tender notes. We Mr. REAGAN. The gentleman is talking about one clause of the have just p3 sed a bilJ, the effect of which is apparently to retire ten bill and I about another. The clause I am referring to is this: "And millions of Trea.sury notes in the interest of the banks and against the resulting coin"-that is, the coin made from the bullion pur- the interests of the country. These words "or in exchange for legal- chased-" may be issued in the ordinary disbursement of the Treas- tender notes at par" are also, whatever the intention of the committee ury, or in exchange for legal-tender notes at par." wa~, in the interest of the banks and against the interests of the people Mr. RANDALL. It is not my object to retire any of the legal-tender of the country, to the ext~nt of proposing to retire Trea.sury notes to noMs in any way by this bill. I do not know how that clause came place it in the power of the banks by the issue of currency to take up in, and I am willing to have it struck out. twenty millions of coin. Mr. REAGAN. If that clause is struck out I will support the bill. If the gentleman will allow that amendment, I am nnxions to see Mr. TOWNSEND, of Pennsylvania. That is the clause making pro- this bill pa.ss, anthorizin~. the issue of $20,000,000 in subsidiary coin vision for pnttil1g into circulation the silver coin resulting from the to be disbursed by the Government in any payments which it may bullion purchased. have to make, if yon put this oodit.ional silver coin in circulation Mr. RANDALL. The object is to put the silver coinage into circu- and keep it out of the power of the banks to subscribe for it, andre- lation, not to destroy the greenbacks. tire from circulation $:JO,OOO,OOO of the present circulating medium, Mr. GARFIELD. Has the gentleman any objection to an amend- which the business of the country requires. I am indebted to the ment providing for the retirement of an equivalent amount of paper courtesy of the gentlem::m from New York, and will not trespass fur- circulation as this coin is issued f ther on the time of the Honse. Mr. RANDALL. I would object to that, because I do not want to .Mr. COX. I now yield to the gentleman from Indin,na [Mr. LAN- trench upon that question at all. I may just as well say here that in DERS] to have an amendment rea"(} only. my remarks upon the amendment to the ruJes the other day I desired The amendment of Mr. ·LANDERS, of Indiana, w;ts read, a.s follows: to say that I believed the Committee on Banking and Currency would Strike out all after the word "offices," in the sixth line, and insert a.s follows: give, and I now say that under that expression of the HoUBe I think One hundred million dollars in silver coin as hereinafter provided. they are bound to give us, an opportunity to vote for some ;1Ct that SEC. 2. That t.he silver bullion required for this purpose shall be purchased at its market rntes by the Secretary of the Treasury, with any legal-tender notes not may modify the resumption act. As I understand that act, I do not otherwise appropriated, and the resulting coin may be issued in the ordinary dis· think it contains any provision to give it force and effect. The re- bursementa of the 'l'reasury; and no purchase of bullion in exchange for said legal- sult is that we are bst approaching the day fixed for the act to go tender notes shall be made under thiS act when the market rate for the same will into effect wit.hont any preparation whatever for resumption. not admit of it.s coinage and issue without loss to the Government1 and any gain or seigniorage arising from its coinaJ:te shall be accounted for and paid into the Trea- Mr. KARSON. That question is not now before the Honse, and I smy as now provided by law relative to subsidiary coinage ; and the coinage of the must object to its being debated at present. bullion shall be one-half in resumption of specie payments, and hence I must say that at this late hour I am Mr. HURLBUT. If the gentleman from New York [Mr. WILLIS] prepared to vote for and shaH most gladly support any bill for the will yield to me, I will move that the House do now adjourn. The repeal of that portion of the resumption act of 1875 which ..names a gentleman can complete his remarks on Monday. specified day for resumption. Mr. WILLIS. There is a gentleman on this floor who desires to par- Mr. FRANKLIN. Why not let us have a fair and square vote on ticipate in this debate, and purposes leaving the city to-night. I the repeal of the resumption act f That is what we want. promised to yield a portion of my time to him, and it would be a vio- Mr. COX. I yield for t.be purpose of allowing the amendment of lation of good faith if I yielded now to a motion to adjourn. The the gentleman from Texas [Mr. RE'AGA'N] to be offered. That being member to whom I refer is the gentleman from Mississippi, [Mr. admitted, I shall call the previous question. WELLS.] Bnt before yielding to him I desire to yield for a moment · Mr. REAGAN. I move the amendment which has been already to the gentleman from Ohio, [.Mr. POPPLETON,] who has a report to present from the Committee of Elections. read at the Clerk's desk. Mr. COX. I now call the previous question absolutely. CONTESTED ELECTION-ABBOTT VS. FROST. The previous question was s£~conded and the m:-~in question ordered. Mr. POPPLETON. I rise to make a report from t.he Committee of The question being taken on the amendment of Mr.-TOWNSEl-."'D, of Elect.ions in the case of Josiah G. Abbott vs. Rufus S. Fro t .. I ask Pennsylvania, to strike out $20,000,000 and insert $10,000,000, it was that the resolutions be read, !loud move that the report be printed and not agreed to. · lie on the table. · The question th(ln recurred on the nmendment of Mr. REAGAN to The resolutions reported by the committee were read, as follows: Rtriko out in section 2 the words "or in exchange for legal-tender Resolved, That Rufus S. Frost wns not elected. and is not entitled, to a seat in the notes at par." Honse of Reprc-~nta.tives in the Forty-fourth Congross from the fow-th t'Ougres- Mr. KASSO'N. That takes away tho popular right to exchange. sional district of M a~ allbusett..nimous consent, the belongs Congress will be besieged with these claims for thirty years bill (S. No. 619) to carry out in part the provisions of the act entitled to come. Year after year it will give rise to long discussion, until "An act to abolish the tribal relations with the Mi!l.mi Indians, and finally it will be paid with heavy interest. So, whether on the score for other purposes,'' approved March 3, 1873, was taken from the of doing our duty to others or of consulting the economy of the Gov- Speaker's table, read a :first and second time, and referred to the Com- ernment or the comfort and convenience of Congress, now is the mittee on Indian Affairs. . time to dispose of this matter. · LOUISIANA. lliVESTIGATION. I now yield to the gentleman from Ohio [Mr. LAWRENCE] for a question. Mr. LEVY, by unanimous consent, submitted the folfowing resolu- Mr. LAWRENCE. I will ask the gentleman from Mississippi tion; which was read, considered, and agreed to: whether the Geneva award covered anything but damages for the toResotved, That the special committee appointed by the House of Representatives destruction of ships and cargoes f investigate the custom-house and other Government offices in Louisiana, and also the alleged outrages at Coushatta, be, and is hereby, further instructed to in- Mr. WELLS, of Mississippi. We have not the data upon which the vestigate and report upon the outra~es alleged to have been recently committed in arbitrators made their award. the parish of West Feliciano.. in srud State; and tbat said committee, or any sub- Mr. LAWRENCE. Were not all other claims withdrawn f committee thereof, is invesWd with authority to visit said parish, make the neces- sary investigation, to summon and administer oaths to witnesses, and to send for Mr. ·wELLS, of Mississippi. Not withdrawn. persons and papers; and in regard to this additional duty is clothed with all the Mr. LAWRENCE. Or excluded f powers heretofore conferred on said committee by resolution of this House. :Mr. WELLS, of Mississippi. They may have been excluded. Mr. LAWRENCE. Then the Geneva award covered nothing but Mr. LEVY moved to reconsider the vote by which the resolution damages for destruction of ships and cargoes. If that be so, would was adopted; and also moved that the motion to reconsider be laid on it not be a breach of faith with Great Britain for Congress to appro- the table. priate this money to any purpose except to pay those who suffered The latter motion was agreed to. from the destruction of ships and cargoes f PORT ROYAL HARBOR. Mr. WELLS, of Mississippi. I will answer the gentleman by say- Mr. SMALLS. By unanimous consent introduced a bill (H. R. No. ing that I understand the award was given for the purpose of com- 3690) to authorize the construction of docks, warehouses and other pensating actual sufferers. buildings for shipping accommodations at Port Royal Harbor in South Mr. LAWRENCE. It was given for the purpose of compensating Carolina; which was read a first and secon9. time, referred to the those who had ships and cargoes destroyed. Committee on Commerce and ordered to be printed. Mr. WELLS, of Mississippi. And those who had ships n.nd cargoes destroyed may have been imprisoned and lost their health, and were AMENDMENT TO REVISED STATUTES. therefore sufferers. Mr. DIBRELL. I ask ·unanimous consent that the bill (S. No. 166) Mr. LAWRENCE. Would it not be a breach of faith for Congress to amend section 1225 of the Revised Statutes of the United Sta.tes .1876. CONGRESSIONAL RECORD-SENATE. be taken :!Tom the Speaker's table and referred to the Committee had there been no such rule I would have moved to reconsider and on Military Affairs, with le:1ve to report back at any time. table the reference of the bill jm~t introduced. The bill was read. CAPTAIN M. L. COURTNEY. Mr. BANNING. Wby not put it on its passage T The SPEAKER pro tempore, by unanimous consent, laid before the Mr. HOLMAN, I wish to inquire what the effect of the bill is 1 No one can tell from the reading of it. I think it had better go to the. House a letter from the Secretary of War, transmitting a report on House bill No. 3091, for the relief of Captain M. L. Courtney, Twenty- committee. Mr. BANKS. I object to grantingprivilegetotbe committee tore- fifth Infantry; which was referred to the Committee on Military port at any time. Affairs. WHI~ AND COLORED TROOPS. · ~ Mr. DIBRELL. Very well; let it take the usual course. The bill wa~; taken from the Speaker's table, read a first and second The SPEAKER pro tempore also laid before the House a. letter from time, and referred to the Committee on Military Affairs. the Secretary of War, transmitting a. statement showing the differ- BILLS REFERRED. ence in the cost of remounting, clothing, and providing labor for white and colored troops; whicn was referred to the Committee on The SPEAKER pro tempo·re. The Chair desires to ask the House to Appropriations. • allow bills from the Senate upon the Speaker's table, to be taken up LEAVE OF ABSENCE. and referred. Mr. WALLACE, of South Carolina, was granted leave of absence No objection was made. The following bills from the Senate were severally taken from the forMr. one week. BAKER, of Indiana, was granted leave of absence for four days Speaker's table, read a first and second time, and referred as indicated from Monday next. below: Mr. EVANS was granted leave of absence for ten days from the A bill (S. No. 720) for the relief of Charles B. Phillips-to the 12th instant. · . Committee on '\Var Claims. Mr. NASH was granted leave of absence for three weeks from Mon- A bill (S. No. 49) to confirm to the State of Florida the swamp and overflowed lands granted under the act of September 28, 1850-to day next. Mr. THORNBURGH was granted leave of absence for :five days. the Committee on Public Lands. Mr. CABELL was gmnted leave of absence for one week. A bill (S. No. 454) for the relief of the sureties of J. W. P. Hunt- Mr. RAINEY was granted leave of absence for ten days. ingdon, deceased, late superintendent of Indian affah·s in Oregon- Mr. SMALLS was granted leave of absence for ten days. to the Committee on Indian Affairs. Mr. HARALSON was granted leave of absence for six days. A bill (S. No. 737) ~an tin~ a pension to Harrison H. Dodds-to the Mr. HUNTER was granted leave of absence for ten days from Mon- Committee on Invalid PensiOns. A bill (S. No. 767) granting a pension to Theodore Gardner-to the day next. Committee on Invalid Pensions. Mr. STOWELL was granted leave of ~bsence for one week. A bill (S. No. 774) to remove the political disabilities of Samuel COMMI'ITEE ON MISSISSIPPI LEVEES. Jones, of Virginia-to the Committee on the Judiciary. · The SPEAKER pro t~pore anJ~,nnced the appointment of Mr. A bill (S. No. 398) for the relief of Luther Hall-to the Committee SPENCER, of Louisiana, in place of .IIr. Morey, on the Select Commit- on Patents. · tee on the Mississippi Levees. A bill (S. No. 842) authorizing the commissioners of the District of Columbiat.o remove the jail on Judiciary Square to grounds near to ENROLLED BILL SIGNED. the Washington Asylum for the use of the District-to the Committee 1\Ir. HAMILTON, of Indiana, from the Committee on Enrolled Bills, on Public Buildings and Grounds. • · reported that they had examined and found truly enrolled a bill of A bill (S. No. 685) to place the name of Daniel H. Kelly upon the the following title; when the Speaker pro tempo·re signed the same: muster roll of Company F, Second Tennessee Infantry-to the Com- An act (S. No.2) to repeal section 2303 of the Revised Statutes of mittee on Military Affairs. the United States, making restrictions in the disposition of the publio A bill ~S. No. 803) to repeal "An act granting a pension to Mary H. lands in the States of Alabama, Mississippi, Louisiana, Arkansas, and Bartlett, approved January 28, 1873, to the Committee on Invalid Florida, and for other purposes. Pensions. Mr. HURLBUT. I renew my motion that the House now adjourn. A bill (S. No. 240) relating to the jurisdiction of the circuit courts The motion was agreed to; an~ accordingly (at four o'clock and of the United States-to the Committee on the Judiciary . . thirty-five minutes p.m.) the Honse adjourned. A bill (S. No. 715) for the relief of Samuel H. Canfield, postmaster at Seymour, Connecticut- to the Committee on Claims. A bill (S. No. 816) granting a pension to Laura M. Knowlton-to PETITIONS, ETC. the Committee on Invalid Pensions. The following memorials, petitions, and other papers were pre- The following bills of the House, returned from the Senate with sented at the Clerk's desk under the rule, and referred as stated : amendments, were then taken from the Speaker's table, and, with the By Mr. O'NEILL: Memorial of the National Tobacco Association Senate amenilinents, referred as follows : of the United States, against any decrease of the duty on imported A bill (H. R. No. 1970) relating to the approval of bills in the Ter- cigars, to the Committee of Ways and Means. ritory of Arizona-to the Committee on Territories. By Mr. W~LLS, of Missouri: The petition of William Roach, that A bill (H. R. No. 1592) to re-imbmse Horace Glover for property he be paid a portion of the money appropriated by Congress for the unlawfully seizBd and sold by the United States Government-to the relief of the sufferers by the explosion at the United Stat.es arsenal Committee on Claims. in Washington, District of Columbia, June, 1864, his daughter Ellen, Mr. RANDALL. I move to reconsider the various votes by which who contri,buted mainly to the support of the petitioner and his fam- the bills from the Speaker's table have been referred.; and I also ily, having been killed by said explosion, to the Committee of Claims. move that the motion to reconsider be laid upon the table. The latter mot.ion WM agreed to. POWDER MAGAZL.'m AT CHELSEA, MASSACHUSETTS. Mr. FROST, by unanimous consent, submitted the following pre- IN SENATE. amble and resolution ; which were referred to the Committee on Public Buildings and Grounds : MONDAY, June 12, 1876. Whereas the powder ma.~tazine located upon Mystic River, in the city of Chelsea. Massachusetts, threatens danger to the lives and property of the people of that Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. city and also of Boston, and endangers the safety and perpetuity of the Bunker The Journal. of the proceedings of Saturday last was read and ap- Hill monument: Therefore, Resol-oed, That the Committee on Public Buildin~s and Grounds be requested to proved. consider the propriety of reporting a bill providing for the removal of the said pow· MICHAEL W. BROCK-VETO MESSAGE. der magazine to a location where such danger cannot exist. The PRESIDENT pro tempore laid before the Senate the following REAL-ESTATE-POOL INVESTIGATION. message from the President of the United States; which was read: Mr. GLOVER, by unanimous consent, submitted the following reso- To tM Senate of the United States: I return herewith, without my approval, Senate bill No. 165, entitled "An act for lution; which was read, considered, and adopted: the relief of Michael W. Brock, of Mei~s County, Tennessee, late a private in Com- Resolved, That the Select Committee of Investigation on Real·Estate Pool and pany D, Tenth Tennessee Volunteers.' Jay Cooke & Co.'s Indebtedness have leave to sit during the session.s of the Rouse. The objection to affixing my signature to this bill may be found in the indorsement (which accompanies this message) by the Adjutant-General of the Army. WILLIAM A. DOUGLASS. U.S. GRANT. Mr. J. H. BA.GLEY, by unanimous consent, introduced a bill (H. R. EXECUTIVE MANSION, Jane 9, 1876. No. 3691) for the relief of Will~am A. Douglass, postmaster at Hun- The PRESIDENT pro tempore. The Secretary will read the in- ter, Greene County, New York; which was read a first and second dorsement. time, referred to the Committee of Claims, and ordered to be printed. The Chief Clerk read as follows : Mr. RANDALL. I believe that under the rule all bills introtluced WAR DEPARTMENT, ADJUTANT-GENERAL'S OFFICE, by unanimous consent are referreu to committees, not to be brought Washington, June 8, 1876. back into the House on motions to reconsider. Respectfully returned to the Secretary of War. The records of this Office show that Michael W. Brock, Company D, Tenth Ten- The SPEAKER p1'0 tempore. . That is the rule of the House. nessee Volunteers, deserted November 24, 1864, due the Uniteu States for horse and Mr. RANDALL. I desire to call attention t.Q that fact, because horse-eq uipments, carbin.e, saber, and pistol, all complete. .:l756 CONGRESSIONAL RECORD-SENATE. JuNE 12, ------------------------------------------------.-------------------------------------------------- H e presented satisfactory evidence of his having left tba ser vice by proper author- The message further announcefl that Mr. CHARLES FosTER, of Ohio, ity, and the charge of desertion has been remond and tile soldier furnished an had been appoiuted a manager on the part of t lle House on the dis- honor able discharge. No evidence ha:; been presented to this Office to est.'l.blish that be was erroneously agreeing votes of the two Houses on the bill (H. R. No. 1594) making charged with Government ,Prop£'rty. appropriations for the consular and diplomatic service of the Govern- If satisf11.ctory evidnnco LS furnished showing conclusively that this soldier was ment for tht:} year ending June 30, 1877, and for other purposes, iu etToneously charged with Go>ernmeut property taken at the time of his reported plnce of 1\ir. WALDRON, excused. tle.<>~rtion , the charge will be removed; and in that C..'l.se the inclosed act for his re- lief will be unnecessa.ry. . · The me sa.ge also announced that the Honse had agreed to the re- E. D. TOWNSEND, port of the committee of conference on the disagreeing votes of the Adjutant-General. two Houses on the bill (H. R. No. 2441) authorizing the appointment The PRESIDENT pro tempore. The question is, Shall the bill pass of receivers of nationaJ. banks, and for other purposes; and that it notwithstanding the objections of the Preside.n t' had agreecl to the amendment of the Senate to the foregoing report. Mr. COCKRELL. I move that the bill and accompanying message The message further announced that the House had passed the bill be re~erred t? the Committee on Military Affairs, and that tbe papers (S. No. 332) to amend an act entitled "Au act to ameml and supple- be prmted. · • ' ment an act entitled 'An act to estn.blish a nuiform system of bank- The motion was n,greed to. ruptcy throughout the United States,' approved March 2, 1867, and PETITIONS AND MEMORIALS. for other purposes," approved June 22, 1S74, with an amendment, in which the concurrence of the Sen:.1te was requested. Mr. MERRIMON presented the petition of D. H. Hill, of Charlotte, The message also annnnnoed that the Hon e had agreed to the North Carolina, prayin&' for the removal of his political disabilities; !lmendments of the Senate to the following bills : which was referred to tne Committee on the Judiciary. A bill (H. R. No. :~53) to amend section 1911 of the Revised Statutes; He ~lso presented the petition of Theodore Barnes and other citi- and zens of Washinqton occupying stalls and stands iu the Center or A bill (H. R. No. 1071) for the relief of Lieutenant James B. Sin- Washington mar.~ret-honse, praying Congress to pass the bill (H. R. cla.ir, United States Army. No. 2339) to amend the charter of the Washington Market Company; ~NROLLED BILLS SIGNED. . which was referred to the Committee on the District of Columbia. Mr. CHRISTIANCY presented the petition of George E. Warner, The message further announced that the Speaker had signed the late ~• private in the Seventeenth New York Indepenclent Battery, following enrolletl bills: . . praying for an ext~nsion of time. within which to prosecute his claim An act (S. No.2) to repeal section 2303 of the Revised Statutes of for a pension; which was referred to the Committee on Pensiollil. the United States, making restrictions in the disposition of the publio Mr. PADDOCK presented the petition of \Villia.m A. Brown and lantls in the States of .Alauama, Mississippi, Louisiana, Arkansas, and 400 other citizens of Nebraska City, Nebruskt, praying that Con 0!!Tess Florida, and for other purposes; . take some action for the protection of the port of Nebraska City n,nd A bill (H. R. No. 1071) for the relief of Lieutenant James. B. Sinclair, the improvement of the Missouri River at that point; which wa.s United Sta,tes Army; referred to the Committee on Commerce. · A bill (H. R. No. 1800) for the relief of Kendrick & Avis; Kuner, M~. EATON. I pr~sent a ~em~_>rial of citizens of New Haven, Con- Zi emann & Zott; Kuner & Zott, all of Saint Louis, Missouri; and necticut, remonstratmg agamst the passage of House bill No. 3187, Nachtrieb & Co., of G'alion, Ohio; to amend title 53 of the Revised S~a.tutes, known as the shipping act. A bill (H. R. No. 2135) relating to the execution of custom-house It is signed by very eminent gentlemen, shipping-merchants ancl bonds; other business men. I move that the memorial be refel'red to the A bill (H. R. No. 2140) establishing Cheboygan, in the State of Mich- Committee on Commerce. igan, a port of delivr.ry ; The motion was agreed to. A bill (H. R. No. 2434) to amend section 5271 of the Revised Stat- Mr. CONKLL~G. I present the memorial of the Albany Institute, utes of the United States, relating to extradition; a venerable institution, existing since 1793, signed by its president A bill (H. R. No. 3573) to :1lllend an act for the relief of certain set- John V. L. Pruyn, and its other officers and members, favorinO' th~ tlers on the public lands, approved December 28, 1874; and establishment and maintenance of n,n international bureau of weights A bill (H. R. No. 2134) making appropriations for fortifications and and measures. I move that the memorial be referred to the Commit- for other works of defense, and for the armament thereof, for the fiscal tee on Foreign Relations. year ending June 30, 1877, a.nd for other purposes. The motion was agreed to. • REPORTS OF COMMITTEES. Mr. WALLACE presented a memorial of ten business men of Mc- Connellsbnrgh, Pennsylvania, remonstrating against any change in the Mr. JONES, of Florida, from the Committee on Claims, to whom tariff laws at the present time; which was referred to the Commit- was referred the petition of L. 1\fa,djson Day, of Louisiana, praying tee on Finance. for the return of the purchase-money of certain real estate 8ohl to · Mr. CRAGIN presented the petition of Isabelle George, of Goffs- him by tho mru-shal of the United States of the district of Louisiana. town, New Hampshire, widow of Albert T. George, prayinO' to be al- in pursuance of a. decree of the district court of the United States lowed a pension; which was referred to the Committee on°Pensions. for Louisiana, under the act of Congress of July 17, 1852, known as the confiscation act, submitted a report thereon, accompanied by a MESSAGE FROM THE HOUSE. bill (S. No. 916) for the relief of L. Madison Day, of Louisiana. A message from the Honse of Representatives, by Mr. G. M. ADAl\fS The bill was read and paased to the second reading, and the report its C~e~k, announ?ed tJ;i.at th~ House had passed the following bill~ wa-s ordered to be printerl. and JOmt resolutiOn; m wh1ch the concurrence of the Senate was Air. COCKRELL. I wish the Senator would withhold the report. requested: I desire to make an adverse report as a member of the committee A bill (H. R. No. 2752) to change the name of the schooner May- dissenting from the views o.f the majority. It has been usual in all .fiower; these cases to have both reports presented at tho same time. A bill (H. R. No. 2860) to facilitate and encourage philosophical Mr. JONES, of Florida. The majority of the committee instructed mechanical, and scientific exhibitions and experiments at the centen~ me to make the report on the fol~owing day after their meeting, and nial exhibition ; I ha.ve delayed it until now. I supposed the minority report was A bill (H. R. ~o. 3398) for the issue of coin and other purposes· ready. However, I have no objection to deferring my report until A bill (H. R. No. 3200) to change the name of the steam-barge Dol- the Senator from Missouri is ready to submit the views of the mi- phin, of Clayton, New York; nority. · A bill (H. R. No. 3678) to change the name of the pleasure-yacht Mr. COCKRELL. I think thatr would be most convenient. Lydia to that of Sylph; :Mr. WRIGHT. I suggest to tny friend from Missouri that there will _ A bill (H. R. No. 3688) t.o amend an act entitled "An a>Ct supple- be no difficnlt.y in .filing the views of the minority at any time here- mentary to the acts in relation to .immigration," approved March 3, after, and the report of the majority can be made now. 1875; and Mr. COCKRELL. Very well. . A joint resolution (H. R. No. 109) for the issue of silver coin. Mr. JONES, of Florida, from the Committee on Claims, to whom The message also announced that the House had passed the follow- was referred the bill (H. R. No. 1807) for the relief of Anthony Law- ing bills: son, surviving partner of the firm of Lawson & Brewis, of Alex- A bill (S. No. 320) to reduce the number and increase the efficiency andria, Virgiuia; reported it without amendment, and submitted a of the. Medical Corps of the United Stat.es Army; report thereon; which was ordered to be printed. . A l.lill (S. No. 546) to further the administmtion of justice in the 1\Ir. PAD DOCK. I desire to submit the views of the minority of State of Colorado ; the Committee on Public Lands on the bill (S. No. 445) for the relief . A bill (S. No. 692) to amend chapter 166 of the laws of the second of settlers on public lands in the State of California. The majority session of the Forty-third Congress; and report in this case was made on the 2t;th of March last by the Sena- A bill (S. No. 863) to chn,nge the name of the steamship City of tor from Indiana, [l\1r. McDoNALD.] I move that the views of the 'Brashear to Lone Star. minority be printed. The message also announced that the House had disa(J'reed to the The moti<.m was agreed to. a~eu.clments of the S~nat~ to the b~ (H. R. ~o. ~71) m;king appro- BILLS Th"TRODUCED. prlatiOns for the legislative, execnt1ve, and JndtClal expenses of the Mr. MORTON a-sked, and by unanimous consent obtained, leave to Government for the year ending June 30, 1ci77, and for other pur- introduce a bill (S. No. 917) to enable E1·; ~stns T. Bnssell, of Indian- poses. apolis, lud.iana, to make applicaLion to the Commissioner of Patents ' '· 1876. CONGRESSIONAL RECORD-SENATE. :3757 for extension of letters-patent for a "combined rubber a,nd spiral time, with t.bo nnderst:mrling that when we meet on ThorstbOll by which the evil can be remedied: Therefore, The PRESIDING OFFICER. The Chair wns gomg to state what Ilesolted by the Senate and House of Representatives of the United States of A mer- · the Chair understood to be the proposition of the Senator from Mary- ica in Oo11gress assembled, (two thir!Lt of each Hou$e conct,rn·ng therein,) That land, that ·tho meeting on Thursdn.y shonlU be merely ·formal for the t.he ~ollowing amendm~nts to the Constitution be, and are hereby, proposed to the L~gtslatures of the several States : purpose of adjourning till Frillay, when it is necessary for the Senate ARTICLE-. to meet as a court of impeachment. SECTION 1. .All postmasters, marshals, a,ssessors. and collectors, exceyt coUectors Mr. COCKRELL. There will be then no business at all transacted of custom duties, sh:ill be chosen for a t-erm of four years at a genera election by on Thursday, so that the presence of any of the Senators will not be the electors of the district, city, town, or village in which the duties of their offices required. The President will have to be here, of course, and some are to be performed. oue Senator to make a motion to adjourn. SEc. 2. The Con,"''ess shall enact suitable laws to execute t-ho foregoing articlH, and to insure the faithful dischaqe of the duties of such officers, and for their re- The PRESIDING OFFICER. The suggestion requires unanimous moval by the President for ofJcial misconduct; and, in case of a removal, for an consent. The Chair bea-rs no objection. appointmtlnt until the next general election, :md for filling vacancies in such offices. Mr. EDMUNDS. I do not think it ought to be entered in the Jour- ARTICLE-. nal. I do not think it ever bas been. SECTION 1. The Congress shall enact snit'\ble laws for the prevention and pun- The PRESIDING OFFICER. In the REcoRD. ishment of official misconduct and to insure official accountability. Mr. EDMUNDS. In the CoNGESSIO~AL RECORD. But an under- SEC. 2. No person indicted for bribery or for converting the public money, or standing of this kind does not go into the Journal as an order of the called as a witness in relation thereto, sbn.U be excused from testifyin!! on the ground that his testimony will tcncl to criminate himself; and any person con vic ted Senate agreed to by the Senate. . of such bribery or conversion shall not be pardoned, and shall be disqualified from The PRESIDING OFFICER. The Senator is correct. The Chair holding any office of honor, trust, or profit under the United States. should have said that it would so appea.r in the RECORD and he meant The joint resolution was referred to the Committee on tho Judiciary, to say "the RECORD." 1\11'. WHYTE. I have moved that the Senate adjourn. and ordered to be printed. The PRESIDING OFFICER. The Senator from Maryland moves JAMES M'DONALD. that the Senate adjourn. Mr. BEEBE introduced a. bill (H. R. No. 3695) granting a pension · The motion was agreed to; and (at one o'clock and thirty-nine min- to James McDonald; which was read a first and second time, referred utes p. m.) the Senate adjourned. to the Committee on Invalid Pensions, and ordered to be printed. DR. JEREMIAH PHELAN. Mr. WHITEHOUSE (for :Mr. BLiss) introduced a bill (H. R. No. !l696) authorizing tho President to appoint Dr. Jeremiah Phe]an an assistant surgeon in the United States Army; which was read a first ROUSE OF REPRESENTATIVES. and second time, referred to the Committee on Military Afl:"airs, and MONDAY, June 12, 1876. ordered to be printed. Al\1END:MENT OF RESUMPTION ACT. The House met at twelve o'clock m. Prayer by the Chaplain, Rev. I. L. TOWNSEND. Mr. WHITEHOUSE also introduced a joint resolution (H. R. No. The Journal of Saturday last was read and approved. · 122) to amend the resumption act of Jan nary 14, 1875; which was read a first and second time, referred to the Committee on Banking ORDER OF BUSINESS. and Currency, and ordered to be printed. The SPEAKER pro tempore. The morning hour begins at half past CONDEMNED CANNON FOR MONUMENTAL PURPOSES. twelve o'clock; and this being Monday, the first business in order is Mr. HARDENBERGH introduced a bill (H. R. No. 3697) authoriz- the call of the States and Territories, beginning with the State of ing the Secretary of W a.r to deliver to the commissioners of Forest Mathe, for the introduction of bills and joint resolutions for reference Park, Saint Louis, Missouri, eight condemned cannon to be used in to their appropriate committees, not to be brought back on motions constructing the base of the statue of Ex-Attomey General Edward to reconsider. Under this call memorials and resolutions of State and Bates; which was read a first and second time, referred to the Com- territorial Legislatures may be presented for reference and printing. mittee on Military Affairs, and ordered to be printed. BOARD OF NAVAL COMMISSIONERS. WILLIAM R. WILMER. Mr. HARRIS, of Massachusetts, introduced a bill (H. R. No. 3692) . Mr. HENKLE introduced a bill (H. R. No. 3698) for the relief of for the establishment of a board of commissioners for the Navy of William R. Wilmer, late collector of internal revenue for the fifth tho United States; which was read a first and second time. district of Maryland; which was read a first and second time, re- Mr. FOSTER. I call for the reading of that bill. ferred to the Committee of Ways and Means, and ordered to be The bill, after being read at length, was !'eferred to the Committee printed. on Naval Affairs, and ordered to be printed. ?tffiS. ELIZA KEARNEY. CHANGE OF NAME OF NATIONAL BANK. Mr. HUNTON introduced a bill (H. R. No, 3699) to increase the pension of Mrs. Eliza Kearney, widow of Lieutenant-Colonel James Mr. THOMPSON introduced a bill (H. R. No. 3693) changing the Kearney, corps of topographical engineers, Unitetl States Army; name of the First National Bank of Amesbury to the First Nationa,l which was read a first and second time, referred to the Committee on Bank of Merrimac; which was read a first and second time. Revolutionary Pensions, and ordered to be printed. .Mr. KASSON called for the reading of the bill; and it was read in full. _ ANNE E. HARPER. The bill was referred to the Committee on Ba.nking_and Currency, Mr. HUNTON also introduced a bill (H. R. No. 3700) for the relief and ordered to be printed. of Anne E. Harper, of Alexandria County, Virginia; which was rea.c'l I V -.236 :3762 CONGRESSIONAL RECORD-HOUSE. JUNE 12, a first :md second time, referred to the Committee on War Claims, STA.l\fPED LETTER AND NOTE SHEET. and ordered to be printed. Mr. CLARK, of Missouri, introduced a bill (H. R. No. 3712) to HOSPITAL STEW.ARDS. authorize the issue of a stamped letter and note sheet; which was Mr. FOSTER introduced a bill (H. R. No. 3701) to provide for a read a first and second time. better compensation and to raise the standard of hospital stewards Mr. HURLBUT. Let the bill be read. United States Army; which was read a first and second time, re- The bill, having been read in full, was referred to the Committee ferred to the Committee on Military Affairs, and ordered to be printed. on the Post-Office and Post-Roads. MONEYS ERRONEOUSLY CREDITED TO POST-OFFICE DEPARTM&'\'T. COLLECTION DISTRICT OF THE MIAMI. Mr. CLARK, of Missouri, also introduced a bill (H. R. No. 3713) Mr. HURD introduced a bill (H. R. No. 3702) to change the name to enable the Postmaster-General to place to the credit of the proper of the collection district of the Miami; which was read a first and account any moneys erroneously deposited to the credit of the Post- second time, referred to the Committee of Ways and Means, and Office Department ; which was read a first and second time. ordered to be printed. Mr. HURLBUT. I call for the reading of that bill. SUPREME COURT REPORTS. The bill, having been :read in full, was referred to the Committee Mr. HURD alsointroduceda.jointresolution(H. R.No.123)directing on the Post-Office and Post-Roads. the Attorney-General to furnish a set of Supreme Court reports to the JOHN HOSTAT. clerk of the United States district court at Toledo, Ohio; which was Mr. GLOVER introduced a bill (H. R. No. 3714) for the relief of read a first and second time, referred to the Committee on theJ udiciary, John Hostat, a soldier of the war of 1812; which wn.s read a first and and ordered to be printed. second time. SECTION 1588 OF REVISED STATUTES. · ·The bill was read in full, referred to the Committee on Milita.ry Af- Mr. DURHAM introduced a bill (H. R. No. 3703) to correct an error fairs, and ordered to be printed. in section 1588 of the Revised Statutes; which was read a first and DISTRICT COURT FOR WESTERN ARKANSAS. second time. Mr. GAUSE introduced a bill (H. R. No. 3715) to confer jurisdiction The Clerk proceeded to read the bill in full. in certain cases on the district court of the United States for the Mr. DURHAM. I did not call for the reading of the bill. western district of Arkansas; which was read a :first and second time. Mr. TOWNSEND, of New York. I call for the reading. Mr. FOSTER I call for the reading of that bil1. Mr. HOLMAN. The gentleman from Kentucky can withdraw the The bill, having been read in full, was referred to the Committee bill if he thinks proper. on the Judiciary, and ordered to be printed. · Mr. DURHAM. I cannot do that. The bill is a very short one. · I· The bill, having been read in full, was referred to the Committee on SUSPENDED EMPLOYES OF BUREAU OF ENGUAVING AND PRINTING. the Revision of the Laws, and ordered to be printed. Mr. WILLARD introduced a bill (H. R. No. 371()) for the relief of . J, D. BOND & BROTHER. suspended employes of the Bureau of Engraving and Printing, United States Treasury Department; which was read a first and second time. Mr. RIDDLE introduced a bill (H. R. No. 3704) for the relief of J. Mr. FOSTER. I call for the reading of the bil1.- D. Bond & Brother, of Wilson County, Tennessee; which was read a The bill was read, and referred to the Committee on Appropriations, :first and second time, referred to the Committee of Claims, and or- and ordered to be printed. dered to be printed. ABA FAULKNER. CHEAP TRANSPORTATION OF FREIGHT. Mr. DIBRELL introduced a bill(H. R.No. 3705) forthereliefofAsa Mr. POTTER intTOdnced a bill to provide for the cheap transporta- Faulkner, of W a.rreu County, Tennessee ; which was read a first and tion of freight between tidewater on or nen,r the Atlantic Ocean a.ncl second time. the Ohio and Mississippi Valleys; which was read a first and .second Mr. FOSTER. I call for the reading of the bill. time. The bill, having been read in full, was referred to the Committee on Mr. FOSTER. I call for the reading of the bill. War Claims, and ordered to be printed. The Clerk proceeded to read the bill. Before he had concluded, WILLIAM BULLARD. Mr. LORD said: I understand that the morning hour has expired. Mr. DIBRELL also introduced a bill (H. R. No. 3706) granting re- The SPEAKER p·ro tempore. The morning hour ha.s just expired. lief to William Bullard; which was read a :first and second time, Mr. PIPER. Then I call up the unfinished business. referred to the Committee on Invalid Pensions, and ordered to be Mr. FOSTER. I ask unanimous consent that the C3ll of the States printed. be completed for bills for reference only, the bills not to be read. RESUMPTION OF SPECIE PAYMENTS. Mr. HOLMAN. I hope that will be done. Mr. HAYMOND introduced a bill (H. R. No.3707)providingforthe Mr. POPPLETON. I object. gradual resumption of specie payments, and to repeal the portion of Mr. PIPER. Before calling up my motion to suspend the rules, I section 3 of the act of January 14, 1875; which fixed the date for the will yield for gentlemen who desire to report and introclnce bills. resumption of specie payments on the 1st day of January, 1879; which ARMY APPROPRIATION BILL. was read a first and second time. Mr. ATKINS, from the Committee on Appropriations, reported a Mr. FOSTER. We want to hear that. bill (H. R. No. 3717) makins appropriations for the s11pport of the The bill, having been read in full, was referred to the Committee on Army for the fiscal year endrng June 30, 1877, and for other purposes; Banking and Currency, and ordered to be printed. which was read a first and second time. ENOCH L FOLSOM. Mr. G~FIELD. I desire to reserve all points of order on that bill. Mr. HAYMOND also intJ:oduced a bill (H. R. No. 3708) granting a The SPEAKER pro tempore. The same will be noted. Mr. ATKINS. To-morrow morning I will move to suspend the pension to Enoch L. Folsom, of Lake County, Indiana; which was rules and that the House shall go into Committee of the Whole on the read a first and second time. The bill,having been read infull, was referred to the Committee on state of the Union on this bill, and shall spend to-morrow in gener::tl debate upon it and the next morning that we shall take up the bill Invalid Pensions, and ordered to be printed. under the five-minute rule. SOLOMON YEWEL.L. :Mr. WALLING. I object. Mr. LANDERS, of Indiana, introduced a bill (H. R. No. 3709) grant- Mr. RANDALL. The gentleman from Tennessee only gives notice ing a pension to Solomon Yewell, late private in Company H, Thir- that he will make that motion. teenth Indiana Volunteers; which was read a first and second time. Mr. GARFIELD. Let him move to suspend the rules and make Mr. HURLBUT. Let the bill be read. the order now. The bill, having been read in full, was referred to the Committee on Mr. HOLMAN. That is not necessary. Invalid Pensions, and ordered to be printed. Mr. ATKINS. Upon suggestion I will move to suspend the rules so as to make that orfler. MARTIN V. DAY. Mr. HOLMAN. Although there is no impropriety in that course it Mr. HARTZELL introduced a bill (H. R. No. 3710) granting a pen- is certainly not necessary, as the gentleman from Tennessee can make sion to Martin V. Day; which wa& read a fir~:~t and second time. a motion to suspend the rules to go into Committee of the Whole on The bill, having been read in full, was referred to the Committee on the state of the Union, on the bill to-morrow as well as to-day, ancl then Invalid Pensions, and ordered to be printed. it will require merely a majority vote, whereas to-day it requires a two-thirds vote. A. J. SMITH. The SPEAKER pro tempore. Unanimous consent not having been Mr. STONE introduc-ed a bill (H. R. No. 3711) to authorize the Pres- given to the course proposed by the gentleman from Tennessee, he ident of the United States to place the name of A. J. Smith, late now moves to suspend the rules and make the proposed arrangement. colonel of the Seventh Cavalry, on the retired list; which waa read a The question wa.s taken, and (two-thirds voting in favor thereof) :first and second time. tbe motion wa.s agreed to. Mr. HURLBUT. I desire to have that bill read. Mr. WILSON, of Iowa. It does not require a two-thirds vote to sus- The bill was read in full, and was referred to the Committee on pend the rules to go into Committee of the Whole; a maJority can do Military Affairs, and ordered to be printed. that. 1876. CONGRESSIONAL RECORD-HOUSE. a 3763 The SPEAKER pro tempm·e. A majority can do it on an appropria- A. J3ridgeland, at present consul to Havre, France, to the Comjllittee on Expendi- tion }Jill, and the Chair will correct it in that regard. tures in the State Department ; and that said committee be authorized to se-nd for persons and papers, to investigate said charges against said J3ridgeland, and report MRS. MARIA B. CRAIG. thereon to the Houso. Mr. BANKS, by unanimous consent, introduced a bill (H. R. No. Mr. HURLBUT. There is a mistake in the wording of the resolu- 3718) for the relief of Mrs. Maria B. Craig; which was read a first and tion; the testimony was not taken before the Committee on the Ju- second time, referred to the Committe.e on Invalid Pensions, and or- diciary, but before the Committee on Military Affairs. dered to be printed. Mr. CALDWELL, of Tennessee. I will modify the resolution by HENRY A. CHEEVER. substituting the "Committee on Military Affrurs" for the "Commit- Mr. BANKS also, by unanimous consent, introduced a bill (H. R. tee on the Judiciary." No. 3719) granting a pension to Henry A. Cheever, late first lieuteu- Mr. KASSON. What are the chargesf I hope consent will be given ant and adjutant Seventeenth Massachusetts Infantry; which was to the gent1eman from Tennessee [Mr. CALDWELL] to state what are read a first and second time, referred to the Committee on Invalid the charges. For one, I am ignorant, and I presume we are all igno- Pensions, and ordered to be printed. rant, of what is involved in these charges. HEIRS OF MOSES cox. .Mr. HURLBUT. If the gentleman will modify the resolution so na to embrace in it and have printed all the testimony taken in that Mr. REAGAN, by unanimous consent, introduced a bill (H. R. No. case, I will not object to it. 3720) for the relief of the heirs of Moses Cox, deceased; which was Mr. BANNING. That is right. read a first and second time, referred to the Committee on Indian Af- Mr. CALDWELL. of Tennessee. I modify the resolution accord- fail'S, and ordered to be printed. ingly. A.MENDME~TT OF UNITED STATES STATUTES. The question was then taken ; and (two-thirds voting in favor :Mr. LYNDE, by unanimous consent, introduced a bill (H. R. No. thereof) the rules were suspended and theresolution,asmouified, was 3721) to amend chapter 304 of the statutes of Congress of 1874; which adopted. was read a first and second time, referred to the Committee on Bank- JAMES F. BUCKNER. ing and Currency, and ordered to be printed. Mr. TUCKER. I move that the rules oo suspended so o.s to dis- JULES BLANCHEZ. charge the Committee of the Whole on the Private Calendar from Mr. DUNNELL, by unanimous consent, introduced a. bill (H. R. No. the further consideration of the bill (H. R. No. 3486) for the relief of 3722) for the relief of Ju1es B1anchez, late of Brownsville, Texas; James F. Buckner, and that it be now passed by the Honse. which was read a first and second time, referred to the Committee on The bill was read, as follows: War Claims, and ordered to be printed. . Be it enacted. de., That the propel' accounting officers of the Treasury Depart- Mr. SAVAGE. I desire to know whether it requires unanimous ment be, and they are hereby, authorized and directed, in the settlement of the ac- counts of James F. J3noknor, collector of internal revenue for the fifth district of consent for the introduction of these bills nowf Kentucky, to oredit and allow such amounts as are shown to have been stolen or The SPEAKER pro tempore. It does require unanimous consent, embezzloo by his late deputy collector and cashier, George N. Jackson, it being and the gentleman from California yields for that purpose. first proved to the satisfaction of the Secretary of the Treasury that such embez. Mr. SAVAGE. I object to any more bills being introduced in this zlement or larceny did not occur through any fault or negligence of said Buckner : Pf'ovidR.d, That the said Buckner shall assign and transfer tethe United States, and way. for their benefit, any bond or othor security,lion by judwnent, or otherwise, against IMMIGRATION FROM .AND EMIGRATION TO CB1NA. the said Jackson or others, and the right to prosecute all suit or suits thereon or The SPEAKER p1'o tempore. The gentleman from California [Mr. for the enforcement thereof, and the exclusive benefit of all such shall inure to the United States. PrPER] calls up the unfinished business, which is a motion made on Monday before last to suspend the rules and pass a joint resolution Mr. HOLMAN. Will the gentleman from Virginia allow me· to ask reported by the Committee on Commerce. him a question' The joint reso1ution will be read. Mr. TUCKER. Cert~inly. . The Clerk read as follows: Mr. HOLMAN. I uriaerstand that this officer gave an official bond Resolved by the Senate and House of Representatives, That tho President of the to the Government, and his deputy gav~ a proper bond to him; and United States be, and he is hereby, reque-sted to submit to the govetnment of the it is now proposed to relieve the collector and throw upon the United 'l'a Taing Empire (China) an additional article to the treaty of July 28, 1868, be- States Government the duty of collecting the penalty of the bond tween the United States of America and the Ta Tsing Empire (China) to the fol- given uy the person who committed the embezzlement. Now, I sub- lowing effect: The United States of Amcrir.a do hereby reserve the ri~ht to reg- mit that if such is the state of facts we are asked to go further in ulate, restrict, or prevent the immigration of Chinese subjects into tne United States oxcept for commercial pursuits, and reciprocally, the Emperor of China this bill than we have ever gone before in my experience. It is pro- does reserve the right to regulate., restrict, or prevent the immigration of citizens posing that the United States shall collect this money instead of its of the United SW.tes into tho Ta Tsing Empire (China) except for commercial pur- being collected by the officer to whom the bond was given. suits. Mr. TUCKER. My friend is mistaken. :Mr. PIPER. I have moved that the rules be suspended and the The SPEAKER pro tempore. Debate is proceeding by unanimous joint resolution be passed. consent only. The question was put on the motion to suspend the rules ; and tho :Mr. FOSTER. I suggest that the report in this case be read. Speaker pro ternpore announced that the ayes had it. · Mr. TUCKER. I have no objection to the report being read, but I Mr. WALLING. I call for a division. think I can make a statement in a few minutes that will answer The House divided; and there were-ayes 78, noes 7; no quorum every purpose. I ask consent for that purpose. voting. There was no objection, and leave was granted accordingly. Mr. HOLMAN. If no further count is called for, I suppose the joint Mr. TUCKER. As a. member of the Committee of Ways and resolution may be considered as passed by a two-thirds vote. Means and as chairman of the subcommittee I have examined this Mr. HURLBUT. No quorum has voted. case with very great care. I think my colleague upon that commit- The SPEAKER pro tempore. If the gentleman insists upon a fur- tee will agree that I am not apt to report in favor of the release of ther count it will be roken; otherwise the Chair will declare the joint any party from his legal liabilities, unless the circumstances are very resolution passed. strongly in favor of such a proposition. After a very careful and Mr. TOWNSEND, of New York. I raise the point that no quorum full examination of the case I am satisfied that this relief ought to has voted. be given to this party. The SPEAKER pro tempordina.tes are ex:- Mr. TUCKER. I will answer the quest.i on of my friend from In- clmled by clear proof, your committee are of opiuion that justice, sustained by nu- diana, [Mr. HOLMAN.] merous preceuents, requires that the legal liability of the collect.or may l>e properly 'l'he gent]~mau asks me what steps have been taken by this party 1·eleased by the Go,·er.nment. The collector is the al!ent of the Government, an agent wbof!e duties are such as to recover on the penal bond given by the deputy. Steps were im- to authorize him to employ subagents; in fact, the law OX"[lressly authorizes it. To mediate1y taken; suit was immediately brought. Tha sureties on hohl tl:Je collector to responsil>ility for a lack of infallibility in the selection and in the bond were worth eight times the amount of the penalty at the tho supervision and guarding of these snbagen ts, 110 that the Government shall be time the bond was given, and up to the time of the death of the party absoluwly secureu against loss, would be to make the collector not a mere l>ailee but an insurer for the Government. Such a measure of liability would l>e fraught and the time the suit was brought.. 'l'hat question was very ear- with public detriment, because it would deter upright men from uuderraking offi- nestly inquired into by me as a member of the committee. The snit cial duty which in volvell such hazard, and leave the offices to be tilled by irrespon- was brought, and is now pending; and my friend from Indiana. [.Mr. sible men. It is the interest of the Government to induce honest men to take HOLMAN} is mistaken in snpposing that it is proposed to hand over office, aue willingly incurred. to the Government the duty of bringing this suit. The only thing we propose is that the collector be exempted from 1iabi1ity, but ~5ha,ll ,. Mr. HOLMAN. I would like to ask the gentleman a question. Un- assign to the Government all the benefit of this bond which he bas d-er the law the collector, I believe, determines what shall be the taken and all the benefits of any lien which he may obta.in by judg- character of the security given to him by his subordinates. ment or otherwise. Mr. TUCKER. Yes, sir. Mr. HOLMAN. But would it not be safer at any rato for the col- Mr. HOLMAN. He determines what shall be the form of the bond, lector to pay over the ammmt. which is so amply secured according who the sureties shall!Je, a.ml what slJall be tile penalty. This wilole to the statement of my friend from Virginia' Lot him pay over that matter is by the 1aw placed exclusively under the control of the col- amount, at least, rather than devolve upon t.he Government the prose- lector. In this case he fixed the penalty of the bond of his subordi- cution of the suit. nate at $25,000. Now, what steps have been taken by the collector And there is one other question which I am very anxious to have to enforce tbe penalty of that bond' presented, and to which I desire an answer from t.he Committee of Mr. TUCKER. I am coming to that in a moment. The only doubt ·ways and Means, as being of importance in this case. I understand I had about this case was on just that point, whether the collector the law to be this: In such a case, on the recommenda.tion of the had used due diligence in fixing the proper penalty for the bond. juuo-e trying the case and the district attorney; after the facts have The proof is that previously the pena.lt.y in the boml of this officer bee~ all judicially investigated, the Treasury Department is author- was $10,000, wbich was afterward increased to $15,000; but when ized to remit the liability of the officer, to remit t.he penalty of the Buckner came in, he required a bond to ue given in tile penalty of bond, and relieve the collector from the responsibility. Is not that $~Z>,OOO, one-fourth the penalty of his own bond. It seemed to me, the law! therefore, t.ba,t he bad used due diligence in fixing a proper penalty, Mr. TUCKER. I think not. I hope that is not the law. because it cannot be said that if a proper penalty had beeu fixed tl1ere Mr. HOLMAN. 'l'ben, if it is not the 1aw, bow does it happen that would have !Jeen no lo~s. Wby, sir, $-2,000,000 wertl collectecl every the Treasury Department is authorized to compromise the ca."e after year by this collector; and in order to cover all possible liability the judgment is rendered, on the recommenda.tion of the district attor- bouy over $500,000,000 have been unjustly wrung from tho people. Third. To force a large majority of sailll>onds out of the country and into the of this House specially charged with the investigation of the merits hands of foreigners to whom said interest is paid, which, had just and honest leg- of the case should not be accepted a-s more satisfactory than any islation prevailed, would have been reduced to a rea onable rate and paid to our own opinion of the judge who may hereafter try the caseY people in lawful money, and retained within the country to develop its resources. Mr. HOLMAN. 0, not at all. Fourth. To create n. uemand for goltl in excess of the production of om· mines, to pay the interest on said bonds held in foreign countries, thereby depleting this 1\Ir. BROWN, of Kentucky. .AP, I understand, this case has had a country of that commodity. most exhaustive and thorough investigation by the cornimttee on ~til Fifth. To bring the corrupting influence of foreign capital to bear upon our elee- 3766 CONGR.ESSION.AL RECORD-·HOUSE. JUNE 12, tiona, public officials, and the press, the result of all of which, it is charged, bas Wait, Waldron, Charles C. B. Walker, Gilbert C. Walker, .Alexander S. Wa1laco, been to enrich the few at the expense of the many, to paralyze business, exhaust John W. Wallace, Walsh, Warren, G.Wiloy Wells, Wheeler, White, Wbitehon e, the resource.'! and impair the confidence of the people, and to bring public officials Whiting, Wil1ard, Andrew Williams, .Alphens S. Williams, Charles G. Williams, into general distrust: Therefore, William B. Williams Wilshire, Benjamin Wilson, James Wilson, .Alan Wood, jr., Resolved, That the Committee on the Judiciary be directed to inquire into the Woodburn, and Woodworlh-166. truth or falsity of said char~es and allegations, and, if found true, whether said corruJ.>t action does not invalidate said law, and also whether said law was not in No quorum voted. violation of the contract under which said bonds were originally issued, and for that Durin~ the roll-call the following a.nnouncementswere made: reason unconstitutional and void. Mr. TuCKER. I am paired with the gentleman from Dlinois, Mr. Resolved, That said committee bave power to send for and examine persons and BURCHARD, who, if present would vote in the negative, while I should papers, either of the Government or any firm or corporation having business con- nooteire; that the appointment Goldsmith W. Hewitt, Holman, Hooker, House, Hunton, Jenks, Thomas L. Jones, bad been tende.r ed by Mr. KERR to several of his constituency-at least two-and Franklin Landers, Levy, Lord, Luttrell, Lynde, Maish, McMn.hon, Metcalfe, Milli- by each of these gentlemen it had been declined. It was under these circumstances ken~....Mms. Morrison, Neal, ParsonsiliPhelps, John F. Philips, Piper, Poppleton, Pot- that Mr. KERR conferred upon Greene the nomination for an appointment in the ter, Nandal1, Rca, Reagnn, John Re' y, Rice, Riddle, John Robbins, William M.Rob- regular .Army, which, after examination before tbe proper board, was given biro· bins, Roberts, Miles Ross, Savage, Sayler, Scales, Sheakley,Singleton, William E. and your committee most emphatically declare their conviction of the perfect and Smith, Southard, Sparks, Splinger, Stenl!er, Stone, Terry, Throckmorton, 'l'urney, absolute propriety of the action taken by Mr. KERR in. the premises. It does ap- Robert B. Vance, Walling, Erastus Wells, Whitthorne, Wigginton, Wike, James pear from the testimony that the money, !50, was prod by Greene to Lawrence D. Williams, Jeremiah N. Williams, Yeates, aml Young-H)·~. Harney upon assurance given by Harnoy that for tbe sum of ~ be (Harney) NAYS-Messrs. Bagby, Banks, Bell, Bradley, Candler, Caswell, Chapin, Hancock, could secure the appointment; thil.t Harney dillreceivethemoneyfromGreene and Hendee, Hurd, Frank Jones, Kehr, George M. Landers, Lewis, O'Brien, Schleicher, reported to him that he had paid the same to Mr. KERR. Thompr'\1 to this charge, and that Har- to the best of his recollection, he swore entirely to tl1e truth. When ney said to him in reply to his question that he had never said that this report, however, was being circulated, and when it came to the there was any money transaction between him and Mr. KERR, but knowledge of Mr. KERR, he endeavored to find out the author of the that it was only the social relations that he referred to. Harney in anonymous letter. Knowing, ashe did, the circumstances of Greene's his testimony on the witness-stand denied having ever talked to a appointment, and although at the first blush it might seem rather an newspaper reporter on this subject or in that direction :to any one. unnatural circumstance that a man occupying the position of Speaker He denied that be had ever applied to any member of Congress to ap- of t.h is House should go to work through his personal friends and point Mr. Greene because of any benefit that might accrue to him out through an attorney to hunt down the author of an anonymous let- of it. That was his testimony as given on the stand. One witness, ter, yet when we come to consider the feeble condition of the man, Morgan Jones, testified that while a member of the same Congress when we come to consider the toils with which by circumstances be Harney approached him in the interest of Greene, askin~ his appoint- was surrounded, his action was natural and was just what any man ment, and saying that if it could be mooe it would be to his advantage, under the circumstances should have done . . and he would have a nice present for the appointment. We have also Harney, as I have said, had but one falsehood to tell, and in that I the testimony of Meyer Strouse; also a member of the same Congress, repeat consisted the danger of this story. The falsehood was in say- who testified, by the way, that he was on intimate and familiar terms ing that be had handed the amount he had undoubtedly received from with the witness Harney; that Harney had applied to him for the Greene to Mr. KERR ; and this was the only circumstance and the only appointment of Greene, saying that he might thereby make three fact that in any way affected the honor or the integrity of Mr. KERR. or four hundred dollars. We have these contradictions of Harney on Sir, there have been some charges made, and I desire in this connection thesematerialmatters testified to by him. to refer to the testimony of the witness Mr. JosephS. Moore, that this There is another matter that Harney had taken care to notice. He charge against Mr. KERR bad grown out of some conspiracy hatched was cross-examined in relation to the rooms occupied by Mr. KERR in the city of New York, corruptly hatched for the purpose of break- during that session, and he was able in some way to give such a state- ing down the reputation and character of the Speaker of this House. ment to the committee of the location and situation of the rooms oc- I want to address myself to this matter as contained in the testimony cupied by Mr. KERR at that time as that he was not contradicted. I of Mr. M~ore. I do not and shall not refer to any newspaper articles have not been able to satisfy my mind as to whether it is not true upon the subject, but only to the testimony of Moore. After having as he testified that he had accompanied Greene to the rooms of Mr. visited the Speaker and after having learned the circumstances of KERR, although Greene testified positively that no such thing occurred, the case, he returned to the city of New York, and after an interview and Speaker. KERR is very confident and clear in his recollection also with Harney he wrote a letter to the Speaker, in which he charac- in the same direction. Harney was, however, fortified upon that, terized this as a conspiracy; and when the Speaker came first before and on cross-examination his story was not disproved. I am hap· the committee and gave his informal statement and denial, he spoke py, however, to say that in thecontra.dictionsof Harneyin his man- of the matter as a conspiracy. ner before the committee the committee were satisfied that he was Now, Mr. Speaker, upon that point I have but a word or two to say. not testifying to the truth. I have felt it my duty to say this as a This story of Harney's was no new invention. He told it ten years ago member of the committee, having met this witness face to face, and to Greene; and the evidence of a conspiracy is contained wholly and it is a fact well known to every lawyer present at least, that it is entirely in the testimony of the witness Harney. Moore based the half the question as to the value of a witness's testimony whether facts upon which he based this charge of conspiracy upon what Har- you can have him confront the jury or not. He was present and tes- ney had said to him. Moore testifies that when he first went to see tified to the committee, and I am happy to say that notwithstanding Harney, Harney told him that he was pressed to make this statement. all these circumstances which I have detailed I have no idea that so lle tells him likewise that his lips were sealed, and that if he de- far as the corruption of Mr. KERR is concerned there was one single 3768 CONGRESSIONAL R.ECORD-HOUSE. JUNE 12, scintilla of truth in his testimoey. But it was a falsehood, taken ad- adopt thi.s report without a single dissenting voice, so that he may vantage of by a bad man for the purpose of blackening, or attempt- be hereafter, as he has been in the past, au honor to his country, a ing to blaeken, the reputation of a good man. [Applause.] tower of strength to his colleagues upon thi floor, and a comfort Just here let me say one word, and the House will pardon me for and consolation and pride to his wife and children. Mr. Speaker, I saying it, in connection with investigations by committees of Con- now ask the adopt.ion of this report. gress and the manner in which they are conducted. An investiga- Mr. BLACKBURN. I do not desire to say a word on this subject, but tion by a committee of Congress ruay be an instrument of great only to afford t.o my colleague on the committee, the gentleman from good in remedying evils tllat have crept into the public service, and Ohio, [Mr. DANFORD,] the opportunity to say that wllich I am sati~­ likewise may result in great public benefit by unearthing villainies fied he bas only failed to say IJy inadvertence. In reference to the fact and scoundrelism generally. But when such investigatioru are made thatGreene,ofNewYork, the appointeeinquestion, was a republican- use of by a bad man like Ha.ruey for the purpoRe of blackening the one. of the circumstances wbi~ll tended to give color to the charge reputation of an honored and esteemed citizen, they become the very agamst Mr. KERR. I only destre that my colleague on the commit- worst instruments tha.t can be used in a country like ours. The testi- tee might a{}d, as part of his own utterance, that it appears in testi- mony of Harney, his appearance before one of . our committees as a mony thn.t two men-one named .Jackson, mentioned by the Speaker witness, in my judgment was the natural outgrowth of the investi- in his evidence before the committee, and the other Williams, com- gations which have been conducted by some of the committees of municating with us by letter from Princeton, Indiana-both had the this Houso during the last six months. appointment tendered to them by Mr. KERR, and both declined. They We have seen such committees, composed either of ent.ire standing were bot.h then republicans, and one at least is now. committees or of subcommittees, mousing around and dragging to Mr. DANFORD. Certainly, that i~:~ true; and while Greene was a public view the private correspondence of citizens, publishing the republican, several members from New York-M:r. JONES and one or bank accounts of public men, without charges and without specifi- two others-who n.pplied to Mr. KERR for the appointment of Greene cation against them. I have thought at times, during the present were democrats. The testimony likewise shows that Greene brought session of this Congress, that in some quarters there was an evident to him recommendations from prominent citizens of the city allll feeling of gratification when a public official could be smirched. I State of New York witllout regard to party. remember reading some two months ago the bead-lines in a newspa- .Mr. CLYMER. I yield to the gentleman from Illinois, [.Mr. HURL- per, in which it was announced that " Grant is caught at last," fol- BUT.] lowed by a dispatch actually rejoicing at the prospect that the Pres- Mr. HURLBUT. Mr. Speaker, the reputation of our public men is ident of the United States had IJeen found, as they announced, con- among the best riches of the country, and the man or men who would cerned in some questionable transaction, referring in that case to the unjustly and untruly detract from the reputation of any public man expenditure of money in connection with the New York election not only directs a stab at the character of the person attacked, but is frauds-the President of the United States, whom we should all honor doing the utmost mischief to the fa.ir fame and success of the nation. and respect for the position he occupies, a great soldier who led our I did not wait for this report. With me the long record of an hon- armies from Donelson to Appomattox, from victory to final triumph, orable life outweighs and ha-s outweighed all these loose defamers who is now in the last year of his second term as President of the that tllis baser time encourages upon the track of detraction and scan- United States, the successor of Washington, Jefferson, and Lincoln. dal. I only rise on this occasion to express hy my voice, aud by ruy Sir, it is a sad spectacle when any committee of the House of Repre- vote which is to come, the idea that for one, as an American Repre- sentatives, or n.ny citizen of this country, can express gratification at sentative, having before my e.ves the honor of the people ana the the mere idea of connecting the President of the United States with honor of this House which is the honor of the people, I am glad hero any questionable tmnsaction. to be able from the heart to say that, whatevershadow this moment- I remember another committee of this House that brought a cer- ary imputation may have caat upon the days of the distinguisbc1l tain witness here to testify against the President of the United States Speaker of this Honse, days which some of us fear are numbcreu al- in regard to the breaking up of the marital relations of that witness ready, yet let it go forth by the unanimous voice of tbe people through by the President. He came before that committee without one cor- their Representatives that the regis of a long and honorable life hn.s roborating circumstance, without a single fact to support the testi- protected him from the envenomed shaft of malice; that the clond is mony he was a!Jout to give. Yet, in the hope that the public char- removed; and that if his sun goes down, it shall go down in fltll honor acter and reputation of the President might be blasted or smirched and esteem from all honorable men of whatever party. [General ap- forever, it might be his family relations broken up, a committee of plause.] this Congress felt called upon to bring before them this witness and .Mr. CLYMER. I ask the previous question on the adoption of this examine him upon the subject, until they found he was a lunatic. report. I have in my mind at this fime a committee of this House that by The previous question was seconded and the main question ordered. the process of an officer of this House has gone to the office of one of Mr. GARFIELD. I ask that the question on the adoption of the the telegraph companies of the country and seized I do not know report be taken by a rising vote. h.o w many hundred ponnds of telegraphic messages, indiscriminate, Mr. CLYMER. I hope that will be done. from citizens of all classes, in relation to private and public affairs Mr. BLACKBURN. I trust the suggestion of the gentleman from alike, to be moused through and searched over by a committee of the Ohio [Mr. GARFmLi>] will be adopted. Rouse of Representatives. · The affirmative vote being c~lled for, all the members -present rose. I ask is it wonderful that such conduct, such operations as . these, Mr. BANKS. Let there be a count; it makes a record. should beget an occasional Harney in the way perhaps of retaliation T Mr. GARFIELD. I ask unanimous consent that it be entered on I believe the man was carrupt, that he was bad, and I say from my the record that the report was unanimously adopted. heart that I believe such men as he are the worst class of men that Mr. MILLIKEN. By a rising vote. can be found in our countJ:y. · Mr. CAULFIELD. I move that the count be dispensed with. I am happy to say, after going through all this t-estimony, after The SPEAKER pro ternpm·e. Unless there be objection tbat will be hearing the clear statement of Mr. KERR, after he gave to the com- done, and tbe record suggested by the gentleman from .Ohio will be · mittee his satisfactory explanation of the appointment of Greene, that entered. he had no applicants from his own district, that be offered it to two 1\lr. BANKS. There should be a coUJlt of the votes; it makes a personal friends who declined, that the time for the appointment record. was dmwing to a close, that he made the appointment be did upon The negative vote having been called for and no member rising, the the application of his colleagues upon the floor of this House-l am result was announced-ayes 210, noes none. happy to say that we all think the testimony is clear and conclusive The SPEAKER pro tempore. The report is adopted by a unanimous as to the entire innocence and integrity of Mr. KERR in this matter. vote. There is another thing, however, that weighs in my mind more than Mr. GARFIELD. I renew my request that it be recorded that the all these circumstances; that is, a good 11am.e, a name that he has report was adopted unanimously by a rising vot,e. borne in this Congress without reproach for many sessions. Has it The SPEAKER pro tempore. It will be so recorded. come t.o this, that a man's ·good name shall conn t for nothing in this Mr. CLYMER. I ask that the report and the accompanying testi- country f Our strength as a people, the perpetuity of our institutions mony be printed. depend upon tile character of the good men that we have produced. · There bein~ no objection, it was ordered accordingly. I should be loath to believe that a.ny man occupying the high posi- Mr. LEAVENWORTH. It seems to me, Mr. Spea.ker, that it would tion that Mr. KERR occupies to-day before the country could be found be highly proper that this Honse should furnish to Mr. KERR in the guilty of any transaction like the one charged in this case. most formal manner a certified copy of our proceedings on this occasion. I hope that the vote in favor of this report will be the unanimous I move that such copy be furnished to him by the Clerk of this House. vote of this House, without one dissentient voice, that every gentle- The SPE.AKERp1·o ternpo1·e. The gentleman from Now York moves man upon this floor who knows the Speaker of this House as we all that the Clerk of this House furnish the Speaker of the House in the know him will join in wiping out this attempted stain upon his most formal way a certification of the proceedings on the report of character and reputation. I trust that by our action here to-day we the Committee on Expenditures in the War Department. Ths Chair will enter our protest against thls wholesale slander of public men, bea.rs no objection, and that order is made. and enable Mr. KERR to present to his count rymen, to this House, ORDER OF BUSINESS. that has elevated him to the third highest posit.ion in our Govern- ment, a character that will enable him to say to every one hereafter, The SPEAKER pro tempore. The ques~ion now recurs on the mo- "My fame is as white as it was before the breath of this scandal tion of the gentleman from Pennsylvania [Mr. O'NEILL] that the touched it." It is our duty to him, as a· just and upright man, to Honse adjoum. Does he withdraw it Y 1876. CONGRESSIONAL RECORD-HOUSE. 3769 Mr. O'NEILL. I agreed to yield to the gentleman from New York, kansas, and vest the title to the same in him, to the Committee on [1\ir. WILLIS,] who desires to finish his speech on the Geneva award. Public Lands: Mr. LORD. I move that the House now resume the consideration By Mr. JENKS: A paper relating to a post-route from Brockway- of the bill for the distribution of the unappropriated moneys of the ville, via Dubois, to Luthershnrgh, Pennsylvania, to the Committee Geneva award. on the Post-Office and Post-Roads. Mr. HURLBUT. In view of the peculiar circumstances attending lly Mr. McCRARY : The petition of Thaddeus S. Stewart, for action the adopt.i on of the report just agreed to there ought to be no fur- upon his pet.i tion for a pension, to the Committee on Invalid Pensions. ther business to-day. By Mr. PLAISTED: The petition of Samuel Kealiber, for a pen- Mr. LORD. I think so, too. sion, to the Committ-ee on Revolutionary Pensions. Mr. O'NEILL. I insist on my motion to niljourn. I do not think By Mr. SAVAGE: Papers relating to the cln.im ofT. Worthington, the House desires to transact further business to-day. late colonel Forty-sixth Regiment Ohio Volunteers, to the Committee MESSAGE FROM THE SENATE. on Militnxy Affairs. . By Mr. ·w ALLACE, of Pennsylvania: Petitions for the acknowl- A message from the Senate, by Mr. SYMPSON, one of their clerks, in- edgment of God and Ch1·istianity in the Constitution of the United formed the House that the Senate had passed a bill (S. No. 525) to Stat.es, signed by 1,083 persons residing in the States of Kansas, Ne- amend section 994 of the Revised Statutes relating to justices of th~ braska, California, Oregon, and Colorado and Wa.shlngton Territo- peace in the District of Columbia; in which the concurrence of the ries, to the Committee on the Judiciary. Honse wa-s requeste~. Also, petitions of similar import, signed by 3,645 persons residing J. A. YECKLEY. in the States of Wisconsin, Iowa, and Missouri, to the same com- Mr. DURHAM, by unanimous consent, introduced a bill (H. R. No. mittee. · 3724) for the relief of First LieutenantJ. A. Yeckley, Twentieth United States Inf::tntry; which was read a first and s~cond time, referred to the Committee on 'M ilitary Affairs, and ordered to be printed. AMENDMENT OF THE REVISED STATUTES. HOUSE OF REPRESENTATIVES. Mr. PAGE, by un:1nimous consent, intr~duceda bill (H. R. 3725) to amend sections 5185 and 5186 of the Revised Statutes; which was TUESDAY, June 13, 1876. read a first and second time, referred to the Committee on Banking The House met at twelve o'clock m. Pmyer by the Chaplain, Rev. and Currency, aud ordered to be printed. I. L. TOWNSEND. FORT SILL. The Journal of yesterday was read and approved. Mr. BANNING, by unanimous consent, reported back from the Com- GO-SI UTES. mittee on Military Affairs a letter from Colonel Mackenzie, relative to Th~ SPEAKER pro tempo·re, by unanimous consent, laid before the matters at Fort Sill; which was recommitted to the Committee on House a letter from the Secretary of the Interior, transmitting au es- Mililary Affairs, aud ordered to be printed. timate of an appropriation for the removal of t.Le Go-si Utes to the Uinta.h reservation ; which was referred to the Committee on Appro- SALE OF MILITIA ARMS. . priations. Mr. BANNING also, by unanimous consent, presented the petition TAX ON DOMESTIC BEERS. of B. Kittredge & Co., of Cincinnati; John L. Moore's Sons, of New :Mr. HANCOCK, by unanimous consent, submitted the following York, and other wholesale dealers in military and sport.ing arms in resolution; which was read, and referred to the Committee of Ways Saint Louis, New Orleans, and Philadelphia, setting forth that new :md .Means : and good arms issued by the General Government to the StaLes for the arm:1ment of the militia, bearjng the inspection-mark of the Gov- Resolved, That the Committee of Ways and Means be, and hereby are, directecl to inquire into the propriety of relieving from roxation all domestic, formentcrl, ernment, have been thrown upon the market in the city of New York or brewed beers. and other pl:wes, :1nd asking for legislation preventing executives in LAND CLAIMS lli FLORIDA, LOUISIANA, .AND MISSOUIU. States from selling arms i~sued for the armament of the militia; whjch was referred to the Committee ou the· Militia. 1\Ir. WELLS, of Missonri, by unanimous consent, introduced a bill (H. R. No. 3726) to extend tbe provisions of an act ent.itled "An net LEAVE OF ABSENCE. for the final adjustment of land claims in the Smtes of Florid~t, Louisi- By unanimous consent, leave of absence was given as follows: ana., and Missouri, and for other purposes ; " which was re:1d a first To Mr. BRADLEY for ten days; and second time, referred to the Committee on Private Land Claims, To Mr. BURCHARD, of Illinois, for one week; and ordered to be printed. To .Mr. BLAIR for five days; J.Al\fES ~1. SEEDS. To Ur. SCALES for ten days; and To .Mr. AsHE for two weeks. Mr. BANNING, by unanimous consent, from the Committee on Mili- tary Affairs, reported back, with an amendment, the bill (H. R. No.1578) GENERAL LAFAYETTE'S GRANDSON. for the relief of James M. Seeds, and moved that the bill, as amended, The SPEAKER pro tentpore. The Chair desires to lay before the and the accompanying report, be printed, and referred to the Com- House the following letter from Thurlow Weed. mittee of the Whole on the Private Calendar. The Clerk read :1s follows: The motion was agreed to. NEW YORK, June 9, 1876. H. NELSON. MY DEAR Srn: Half a century ago General ta.fayette revisitecl America., and as th!j guest of the nation made a. triumphal tom· of the States. As you know by Mr. JOlli~ REILLY, by unanimous consent, from the Committee reauing and trnditiou, the a.fi'ection and enthuaiasm and gratitude awakened by that on Military Affairs, reported back, with an adverse recommendation, visit have no parallel in the world's history. Would it not be equally appropriate the bill (H. R. No. 1395) for the relief of H. Nelson, of the county of auC. wise half n. century after the visit of his grandfathrr to invit.e Oscar Lafayette as the guest of the n.'\tion to attend the centennial anniversary of our Independ- Warren, State of Peunsy l vn.nia; and the same was laid on the table, ence1 and the accompanying report ordered to be printed. Our committee has decided to invite M. Lafayett-e, but it has occurred to me that PATRICK O'CO:NNELL. Congress might think prop!jr to give broader and deeper effect to a patriotic idea. Very truly yours, Mr. JOHN REILLY also, by unanimous consent, from the same THURLOW WEED. committee, rep11rted back, with an adverse recommendation, the pe- Ron. S. S. Cox. tition of Patrick O'Connell, late captain Company F, First Ohio Vol- The letter was reforred to the Committee on the Cent.ennial Expo- unteer Infantry; and the same was lruu on the table, and the accom- sition. panying report ordered to be printed. The question was then taken on Mr. O'NEILL's motion that the POST-OFl?ICE APPROPR.IATIOY BILL. House a.djourn, a.nd it was agreed to-ayes 94, noes 42. The House accordingly (at three o'clock and forty-five minutes p. Mr. HOLMAN, from the Committee ou Appropriations, reported m.) adjourned. back the bill (H. R. No. 32G3) making appropriations for the service of the Post-Office Department for the fiscal year ending J nne 30, 1877, and for other purposes, wit.h Senate amendments, with Lhe recom- PETITIONS, ETC. mendation that the amendments of the Senate be non-concurred in. The following memorials, petitions, and other pa,pers wer~ presented The amendments of the Senate were non-concurred in. n.t the Clerk's desk under the rule, and referred as stated: .M r. HOLMAN moved to reconsider the vote by whicll the Senate By Mr. BAl\I'NL.~G: The petition of Alvah W. Hicks, for compen- amendments were non-concurred in ; and also moved that the motion sation for extraordinary, perilous, and va-luable setvices in running to reconsider be Ja,id on the table. the blockade at Fort Pillow in J nne, 1862, to the Committee on Mili- The latter motion was abrreed to. tary Affairs. . l\1ARY E. SHELTO:Y. Also, the petition of Lows Sonntag, of Company I, Third New Jer- Mr. TERRY, by unanimous consent, from the Committee on Mili- sey Cavalry, that the records of the War Department be so changed tary Affairs, reported back the bill (H. R. No. 1661) for the relief of as to show ·that he was honorably discharged from the Army, to the Mary E. Shelton, and moved that the committee be discharged from same committee. the further consideration of the same, and that it be referred to th~ By Mr. BRADLEY: The petition of John H. Rnssell, that Congress Committee on Invalid Pensions. confirm to him the location of certain l:mds at the Hot Springs, Ar- The motion was agreed to. 3770 CONGRESSIONAL RECORD-HOUSE. JUNE 13, STATE-BANK-CffiCULATION TAX. and that it be laid on the table, and the following letter ordered :Mr. ROBERTS, by unanimous consent, introduced a bill (H. R. No. to be printed in the RECORD; which motion was agreed to: 3727) to reduce the tax on circulation of State banks to an amount TREASURY DEPARTMENT, April 20, 1876. equal to that paid by national ba.nks; which was read a first and Sm : I have the honor to acknowledge the receipt of a. bill to amend sections 5190 second time, referred to the Committee of Ways and Means, and or- and 5497 of the Revised Statutes regulating the deposits of pul.Jlic moneys, (H. R. dered to be printed. No. 1852,) on the merits of which :rou ask my opimon. WILLIAM H. CARMEN. Under the provisions of the billm question, collectors of internal revenue who e offices are located more than twenty miles from any authorized depo itory will not Mr. STRAIT, by unanimous consent, from the Committee on Mili- be prohibited from depositing their collections with private bankers nor the bauk- tary A:fl'airs, reported back a bill (H. R. No. 1240) for the relief of ers prohibited from receiving the same. William H. Carmen, with amendments; which were referred to the some Ullder the present law and regulations such collections must be deposited with public depository daily or aa soon as the same shall amount to fl,OOO, anti at Committee of the Whole on the Private Calendar, and, with the accom- the close of each month regardless of the amount accumulated. panying report, ordered to be printed. It is of course very desirabl6 that money belonging to the United St:l.tes shall, as soon aa practicable, pass from tho hands of the collectors to the Treasurer's CL·euit ALFRED FRY. in the subtroasurv offices or national-bank depositories, where it can be helcl with greater safety a1.id be sul.Jject to the demands of the Government for cuiTent dis- Mr. STRAIT also, by unanimous consent, from the same committee, bursement. futernal-revenue taxes are payable only in CUITCnt funds, anu I am reportecl back a bill (H. R. No. 1312) for the relief of the heirs of aware of no convenience or nec6ssity of tlHl public service which would be aorvotl Alfred Fry; which was referred to the Committee of the Whole on by permitting their deposit, when collected, m private banks. t.he Private Calendar, and the accompanying report ordered to be Very respectfully, B. H. BRISTOW, Secretary. printed. Hon. WILLIAM R. MORRISON, J,OAN 0 ARTILLERY TO PATERSON, NEW JERSEY. Ohainnan of OommiUee of WayR and Means, How;e of Representatives. Mr. CUTLER, by unanimous consent, introduced a joint resolution (H. R. No. 125) authorizing the Secretary of War to loan to the au- DETAIL OF OFFICERS. thorities of the city of Paterson, New Jersey, four pieces of arlillery, Mr. TERRY, by un:mimous consent, from the Committee on Mili- to be used in celebrating July 4, 1876; which was read a first and tary Affairs, reported back a bill (S. No. 166) to amend section 1225 second time. of the Revised Statutes of the United States with the recommend- The joint resolution, which was read, authorizes the Secretary of at.ion that it do pass. War to loan to the city of Paterson, New Jersey, from the most con- The bill, which was read, provides that section 1225 of the Revised venient Government arsonal, four pioces of artillery, to be usecl by Statutes of the United States be so amended as to read; "That the said city in celebrating the 4th of July, 1876, said artillery to be re- number of officers so detailed shall not exceed thirty" instead of turned immediately after said celebration at the risk and expense of twenty in said section provided. said city authorities. Mr. HOLMAN. Does this come before the House by unanimous Mr. FOSTER. I do not know I will object to the introduction of consent T this resolution. In common with a great many other members I have The SPEAKER pro te1npore. It does. received applications of this kind for loan of cannon. I will not be Mr. HOLMAN. It was objected to on yesterday. so ungracious as to object to the passage of the resolution, but I call The SPEAKER pm tentpore. It is too late to object now. the attention of the House here is an enterin~-wedge to the loan by Mr. HOLMAN. It shows the absolute necessity of insisting on the the Government of a great many cannon, for if you loan in this in- regular order. My friend from Tennessee asked the passage of that stance you must in all others. bill out of order yesterday. The joint resolution was ordered to be engrossed and read a third Mr. DIBRELL. No, on Saturday last. time; and being engrossed, it was accordingly read the third time, Mr. HOLMAN. Well, on Saturday last. It waa not to be expected and passed. · it would be again offered out of order. llr. CUTLER moved to reconsider the vote by which the jointreso- Mr. TERRY. It was referred to the Committee on Military Affairs lution was passed; and also moved that the motion to reconsider be on Saturday and was acted on this morning, and I was instructed laid on the table. to report it to the Houst} favombly. . The latter motion wa.s agreed to. The SPEAKER pro tempore. What has been dono this morning has CI.QTHING TO ENLISTED MEN IN THE NAVY. been done by 1manimous consent. Mr. HOLMAN. I perceive it is too late to raise the question of Mr. ROBBINS, of Pennsylvania, by unanimous consent, from the order on the bill or to object to its consideration at this time. I am Committee on Naval Affairs, reported back adversely a bill (H. R. No. aware a bill that is in conflict with our general purpose of retrench- 1090) providing for the outfit and yearly allowance of clothing to en- ment while it happens to favor our local interests is apt to receive listed men and boys in the Navy; which was laid on the table. favorable consideration. I am aware of that, bot I belioved that E..."iLISTED MEN IN THE NAVY. inasmuch as this legislation was directly across the track we are at- Mr. ROBBINS, of Pennsylvania, also, by unanimous consent, from tempting to pursue it could at least be postponed until its impolicy the same committee, reported back adversely a bill (H. R. No. 2007) could be made manifest. With the steady effort to reduce the num- to protect the interest of enlisted men and others in the Navy; which ber of officers down to some reasonable proportion the argument is was laid on the table. constantly raised in favor of increa.sing rather than diminishing their number. UTAH WESTERN RAILROAD. I know of no reason why for the purpose of furnishing professors Mr. HARDENBERGH, by unanimous consent, from the Committee to the inMtitutions of learning throughout the country, in which in- on Military Affairs, reported back a bill (H. R. No. 2652) granting the evitably a large degree of favoritism must be shown, n large body of right of way to the Utah Western Railroad through Rush Lake mili- employes on the part of the Federal Government should be kept up tary reservation; which wa-s referred to the Committee of the Whole at a heavy expense, a system creating in many iust:mces unhappy on the state of the Union, and the accompanying report ordered to be results in the institutions of learning in view of the difference be- printed. tween the salaries paid by the Federal Government and those paid SIGNAL SERVICE. by the more carefully organized institutions of learning. This dis- Mr. HARDENBERGH also, by unanimous consent, from the same crimination produces dissatisfaction and discontent. committee, reported back a bill (H. R. No. 222) to extend the opera- Mr. ATKINS. Will the gentleman allow me to suggest that at tions of the Sign:1.l Service of the Army so as to benefit the public this time there is a surplns of·officers of the Army and there is likely health; which was referred to the Committee of the Whole on the to be one for some time, and that it is well to !l.Ssigu them to some state of the Union, and the accompanying report ordered to be dutiesT · printed. :Mr. HOLMAN. I do know it; and my friend from Tennessee is ORRA WILDER. a.ware of the fact that so long a.s this kind of legislation is kept up and new places for Federal officers are furnished, so long will the Mr. HARDENBERGH also, by unanimous consent, from the same restoration of the Government to its old ba.sis and to the simplicity committee, reported back adversely the petition of Orra Wilder; of the olden times be absolutely impossible. If it is found that there which was laid on the table, and the accompanying report ordered is a supernumerary body of officers, then, instead of dispensing with to be printed. · · their services and retrenching expenditures, the question seems to be HEmS OF D. S. MILES. to find what new field of employment can be found for them under Mr. HARDENBERGH also, by unanimous consent, from the same the pay of the Federal Government. committee, reported ba-ck adversely the petition of the heirs of Colonel But, sir, the bill is before the House. I was not aware of its being D. S. Miles; which was laid on the table, and the accompanying re- reported out of order, and·I do not now obJect to it, because it is too port ordered to be printed. late to object. l\Ir. WILSON of Iowa. Please allow me a few minutes. DEPOSITS OF PUBLIC MONEY. The people I have the honor to represent are very much interested Mr. THOMAS, by unanimous consent, from the Committee of Ways in the passage of this bill. Cornell College, at Mount Vernon, Iowa, and Means, moved that the committee be discharged from the further was one of the first institutious of learning in the country to test tho consideration of a bill (H. R. No. 1852) to amend sections 5490 and practicability of teaching military science and tactics in connection 5497 of the Revised Statutes regulating the clepo~its of public money, with acn.demic studies, under the law of Congress authorizing the 1876. CONGRESSIONAL RECORD-HOUSE. 3771 Secretary of War to detail military officers for that purpose. From ing the whole body of our people, and for the benefit of every child careful inquiry into the work of the gentleman detailed, (Lieutenant no matter how humble it may be, who should receive from the law Webster,) I am well satisfied that the experiment is successful. Two exactly the same benefits as any other child, no matter how f::,~.vored hundred young men are organized, uniformed, and armed, outside of by fortune. It is because this is a measure of special and cla-ss leg- West P~int. The officer asserts their equals in regartl to the acquire- islation that I object to it. / ments of every mental and physical acquisition in that particular line Mr. WILSON/ of Iowa. One word in reply. I agree with the gen- are difficult to find. The boys like it, their pa.rents indorse it, and the man in his views relative to universal education. I have just this to faculty testify to marked improvement in hithert.o commendable de- say, that if Congress will permit us to draw on this sole depository of portment. The State University has lately applied for and has had this class of knowledge until we have educated one'set of boys, then assigned an instructor, Lieutenant Schenck, from t.he War Department, we will find our instructors at home. under whose management the university students are being success- Mr. DIBRELL. This application came up from the East Tennes- fully or~anized and educated in military tactics and science. see University, situated at Knoxville, with upward of three hundred So far the success has been all that could be desired ; but the limits students, one of the finest institutions of learning in the country. of the law have been reached, and colleges in other States are asking When Senator KEY of my Stat-e made application to the Secretary of for details. We must surrender one of these gentlemen or increase ·war for an officer for this purpose, he was told that the number al- the number the Secretary of War may detail. lowed by law had already been detailed. He introduced a bill to in- . I can imagine no good reason why in time of peace a few of the regu- crease the number of officers to be so detailed from twenty tq twenty- lar-A.nry officers cannot be allowed to impart the instructions in civil five, and the Senate increased the number to thirty, and passed the institutions of learniT'g they have received .f rom the General Govern- bill. I hope thr gentleman from Indiana [Mr. HoLMAN] will with- ment at public expense. There is much that is taught in a military draw his objection to this bill. We have a surplus of Army officers, school that is valuable if a boy never sees active service, especially and we cannot obhin better instructors than they are for this purpose. the mental discipline resulting from the very thorough study of mathe- Mr. BANNING. One word only. The object of this bill is to give matics. Besides this, the private schools have no other depository of to the young men throughout the country some of the advantages learning of this kind from which to secure professors to fill these par- that are now enjoyed only . by the young me'h who are fortunate ticular chairs. It has been earnestly urged here this session that we enough to be appointed to West Point. Under the law as it now is have a surplus of Army officers and that many of them should bemus- twenty officers may be detailed, not to colleges alone, but to any tered out. Why not permitt.hem first to give the countrythe benefit school in the country that has an attendance of one hundred and fifty of their acquirements in military training f Let the information they students. These details are made only to such institutions as ask for possess in this direction become the property of several claases in them. When the gentleman from Indiana [Mr. HOLMA.."i] objects some of our colleges in ea-ch State and the chairs afterward can be to this detailing of Army officers for this purpose and says that it has easily filled from the graduates. been attended with unhappy results, I reply to him that it is not the It will only be a question of time when each State can furnish mil- fanlt of the law, but the fault of the institutions. No officer is forced itary education as readily as any other. upon any institution; no institution in the country obtains the serv- . Our future soldiers may as well receive their training at home as ices of one of these officers unless it a-sks for him. abroad. The repugnance felt by many ofour best families to send- This bill increases by ten ·the number of officers that may be de- ing their boys away from home to a military school will not prevent tailed fox: this purpose. Those ten are already asked for by schools them from permitting t.he boys to acquire much that is beneficial in that wish to add military education to that already afforded by the the discipline of a soldier. · institution. As has been already stated, there is a stirplus of officers The objection raised by the gentleman from Indiana, that the differ- who might much better be performing this duty of teaching the ence lletween the salary paid the officer and member of the college young men of the country than loafing around military posts anu faculty creates jealousy, does not obtain in Iowa, because we pay our doing nothing. faculties as much as the Government pays a lieutenant, and in some The Government can w~ afford to do this, to permit these officers to colleges much more. educate our young men and prepare them for military service if we I hope my friend from Indiana will waive his opposition just long ever again shall need such service. Every gentleman on this floor enough to let us become possessed of this art from its proper source. knows full well the advantages that would have resulted to the I sympathize with him in most of his efforts toward economy, but in country bad this course been pursued before the war. . Iowa we consider liberal expenditures to educate, tho truest econo~y. This bill has already passed the Senate. It is no new idea, but an .My district supports five colleges with complete faculties, the number old one; one that has been adopted and in force ever since the war. of students in each numbering from three hundred to seven hundred The number of officers to be detailed is increased by this bill from and fifty of both sexes. The State of Iowa pays $5,000,000 annually twenty to thirty, because the people throughout the country ask for to support the common schools. Congress cannot stop us from educat- them. When my friend from. Indiana [Mr. HOLMAN] says that this ing in every direction. We waut you to help us just here. advantage applies only to colleges and not to the general public, I Iowa College, at Grinnell, has succeeded in securing an instructor think he makes a very feeble objection to the bill. At present these in military science outside of the regular Army. I am inclined to officers can educate young men only at West Point. This bill allows think, however, that he received his education at West Point, which officers to be detailed to thirty different colleges throughout the coun- proves that such education is in demand even outside of colleges that try and to give to the students of those colleg~ the benefit of the ed- have the benefit of an officer from 'the War Department. The bill ucation these officers have received at the expense of the Government. under consideration increases the number that may be detailed from The objection that this only goes to the aristocratic colleges is with- twenty to thirty, and I do not think they could possibly be better em- out foundation. This bill proposes to increase the opportunities of ployed. I thank the gentleman from Virginia [Mr. TERRY] for his military education from the fewtothemany. Whenmyfriendmakes courtesy to me. that objection, he shows that he has not studied the bill. I hope it Mr. HOL?t!AN. A single word in reply to the gentleman from Iowa. will be passed without further objection. The gentleman seems to miRapprehend the spirit of my remarks. Mr. TOWNSEND, of Pennsylvania. I am in favor of this bill, be- I object to the bill not simply upon the grounds I have mentioned, cause I know of the good results that have come from the detail of offi- which is that it stands in the way of retrenchment and a dim- cers of the Army for service in military academies. There is a military inution of the number of employes of the Government, but I object academy in my district at Chester, under the superintendence of Col- especially to the bill because it belongs to a cla.ss of legislation which onel Hyatt, which academy has for its instructor an officer of the is more fatal and ruinous to this Government than any other cla-ss of Army. It is one of the best mathematical institutions of the country legislation. It indicates a tendency to legislate not for the whole and at the same time one of the best-drilled military institutions in people of the United States, nofi in the interests of the whole mass of the United States. Competent judges who have witnessed the drill the people, but in the interest of special and privileged classes. of the students there have no hesitation in saying that it is not sur- Will you tell me, sir, why a few institutions of learning, by the aid passed by the drill at West Point. of the Federal Treasury, shall be benefited or encouraged while the ·with regard to the objection made by the gentleman from Indiana, great body of the American peoplE>, those who have not even obtained [Mr. HoLMAN,] that this applies merely to aristocratic insti~tions, the benefit of a common-school education, those who are yet without I want to say to him that the military academy of which I speak is a common-school facilities, are limited in the opportunities of educa- purely democratic institution; it has the education of boys from all tion, are debarred of these opportunities to receive the fostering care parts of the country, the poor as well as the rich; and a better insti- of the General Government t tution of the kind is nowhere to be found. Before the war it was .Mr. HURLBUT. Where did Ohio get her common-school fund under military discipline; the school was in charge of a gentleman from, or Indiana l who had been in the Army. It was then in a high state of military Mr. HOLMAN. Why is it that Congress is willing to promote the discipline and excellence, and it afforded during the rebellion several fortunes of colleges and the higher grades of education, while every young men who afterward turned out to be excellent officers of the effort made to meet the wants of the whole people of the country, Army. the living masses of our children who are to take upon themselves I think this is the best way in which we can employ our super- in a few years the reins of government, meets the objection that that numerary officers of the Army, to allow them to give this military kind of legislation does not come within the purview and power of instruction to the students of academies- and colleges, so that here- Congress~ Special legislation is unhappily the favorite employment after when a war may come upon us, whether foreign or of an interne- of the Congress of the United States; we are constantly enn.cting cine character, there shall be men educated and capable of disciplin- laws in the interest of particular cla-sses. The legislation of such a ing the armies that we may find it necessary to employ for national body M Congress should be confined to the enactment of laws affect- defense. I tt'u.st, therefore, that this bill may pct6S. 3772 CONGRESSIONAL RECORD-HOUSE. JUl\'E 13, Mr. TERRY. I now yield to the gentleman from Illinois, [Mr. aection; and the Seer tary ball rcquiro a. bond in each This bill proposes s:mply to allow a det.ail of thirty instead of twenty, c.ase, in double the value of the property, for the care amlsaie-keeping thereof, and making ten additional officers disposable for this purpose. I had no for the return of the same w4en required. (See section 1667.) idea that any gentleman here would object to the measure. I do not Mr. HOL:MAN. I ask the gentleman whether be approves of tbl3 believe any gentleman would have objected except the gentleman class legislation involved in the first section of this bill T from Indiana, [Mr. HOLl\IAN,] and his grounds of objection, consider- Mr. HOOKER. Well, Mr. Speaker, in answerto the inqnirv oftlJe ing the section of country that he represent , are astonishing; for gentleman from Indiana I will not say that I do not suppo.se any- his section, like my own, li•es to-day, so far as education is concerned, bouy thinks it would be pos ible to constitu.}e a military academy upon the bounty of this nation. in every school in this country, but I do approve the allowing of offi- Mr. HOLMAN. My friend will allow me to say, however, that it cers of t.he Army who ma.y be disengaged a.nd where without any ad- is a boutit.y which extends to every child in the corumlinity, which is ditional expense it can be dono, to instruct the pupils in the various not specially applied to a few out of many thousands of youth, and schools designated in the original act. I do approve of it. I see no these the most favored already by fortune. impropriety in it, and I am unable to see the force of the argument Mr. HURLBUT. If the gentleman will increase the Army so that that, because the benefit inteocrsit.v within the United titate. having capacity to educate, at the same time, of these univer ities, who in the end become teachers of tbe Jowel' not less than one hunurcd and fifty ruale students, detail an officer of the Army to schools, and finally instruct all the people of the country in this ru:t. •' 1876. CONGRESSIONAL RECORD-HOUSE. 3773 Let me say a word about the object ancl necessity of this kind of Indiana as arguing that because you cannot impart military instruc- instruction in this country. Military science has been limited to a tion to every single youth in the land yon should impart it to none f single school. I cannot say it is due to the fact I propose to speak :Mr. HOLMAN. The gentleman from Mississippi scarcely supposes of, but it will have in the end the effect of creating a class of men that a branch of learning which may come into use once perhaps in devoted to military science alone, and who in case of trouble, whether the progress of two or three generations should be the subject of the among ourselves or with foreign nations, will become themselves special fostering care of this Government as a feature of its general the sole representatives of this military art, and military science. system of education. It is a bra.nch of learning the necessity for And we turn to them, sir; to them alone. The whole country is which is happily pa~sing away. It was well enough for the Middle taught to regard them as the only persons upon whom we can rely Ages, and it was a natural feature in the conflicting despotisms of for defense. Why T Because there is no other military education, Europe, where organized armies kept the people in subjection. It is generally speaking, except that which is given to them; and as a the education of monarchies, not of republics. But the idea is becom- matter of course they will, having rendered the country great serv- ing abhorrent even in liberal monarchies that education in the mur- ices in this way, in good time become the representa.tives of the derous art of war should be a special object of the Government. The civil power as well as of the military power; and thus seriously will grand idea that it is through the education and agencies of peace that 'Le undermined the very foundations of republican or democratic gov- the whole human race should be elevated swells the heart of our ernment. .period. In these circumstances does the gentleman think it necessary Does tho gentleman from Indiana propose or deSire any snch result that the Federal Government should foster by a heavy taxation of the as this f I know he cannot. I know he does not. But that is the people education in the art of war f eft'et:t of the policy which be advocates. I am not for war. For the .Mr. HOOKER. Tbat is avoiding my inquiry. whole of my life I have resisted, as fa1· as I wa~ able, any appeal to Mr. HOLMAN. No, sir; when this Government, through its great arms. I am not afraid to repeat what I have said here often, a.nd in and prosperous States, shall have furnished to every child in the land m~7 own part of the country still more frequently, that we bave never the benefit of a common-school education, so that he shall be pre- gaiued anything by an appeal to arms that we could not better have pared to enter on the high duties of citizenship armed and equipped, gaiued in other ways. But it takes two men to keep peace, while one it will have accomplished a great work worthy of the Republic and man can make war. Therefore we must be prepared for war. And of the age. I would rejoice in seeing that standard of education raised to be prepared for war it is not enough that we have a class educated higher and higher, but I insist that it shall in its progress be so to that kind of business which sometimes comes to a republic as well directed that it shall reach alike every child of the Republi-c so far as as to an empir~ or monarchy. The whole people must be capable of the system of education shall be under the fostering care of the Gov- defending themselves; and the country never will and never can be ernment, whether remote or direct. able to defend itself until the whole people shall have more or less of The spirit of special legislation should be dying out. Favoritism this instruction and this faculty. And this is the best, the wisest, and in legislation is against the spirit of the age. Thls, I hope, is one of the most democratic method that can be devised to impart this edu- its last struggles. The spirit of universality is the one that inspires cation to the young people of the country who need it anddesireit. the nation, especially in all its purposes for the education and eleva- I hope, therefore, inasmuch as this bill from the Senate is only a tion of it!~ people. limitation or restriction upon the idea, fixing a point beyond which .Mr. BANNING. I would ask the gentleman if this does not make we hall not go, that the House will give its assent to it. the military edncation of the people far more general than it now is T Mr. HOLMAN. Can the gentleman from Massachusetts possibly Mr. HOLMAN. It applies to but a handful of the youth of the assume that this measure is in any sense a men.sure of general appli- nation. My friend claiming to be a republican-! use the term in its cation, when a great number of the children of this na.tion are not highest sense-and a democrat and is yet favoring a system of legisla- even provided under the fostering care of this Government with the tion that would open up superior opportunities to a. few boys who uenefits of a common-school education and a still vaster number under have alrea.cly had superior advantages of education by good fortune the fortunes that surround them can only have the benefits of a com- above their fellows, and wonltl furnish to bhem at the expense of the mo~-school education, and no efforts are being made on the part of whole people the opportunity to pursue a class of studies from which the Federal Government to increase the facilities of the great body the great mass of tbe youth of the country are debarred. Is this of our children to obtain even those benefits? Nor do gentlemen as- democracy f sn me that the Federal Government should take the general subject of Mr. BANNING. The gentleman is defending a system which pro- education under its charge. Can the gentleman, therefore, say that poses to educate our youth in this branch only at one college, while a bw like this is general in its purposes which is so partial in its ef- this bill proposes to educate them at t.hirty. fects that it reaches only to the sons of those of our citizens who are .Mr. HOL:\IAN. Why, certainly not; the one college is for the ben- able to secure to their children much beyond the benefits of a com- efit of the Government, not for the benefit of education. I would mon-school educar.ion f Can a Jaw be more partial than this f And willingly see West Point abolished; but it bas been the po1icy of the you do not even propose to extend this law to all the colleges in tile Government through long years to foster that institution as a nec~s­ various States. You do not confer even upon the young men of all sHy of Government, and traditions have gathered around West Point the higher in t.itntions of learning in each State of the Union the investing it with a glow of patriotism and almost of reverence to the benefit of this particuJar form of education which the distinguished American people. \Ve preserve it as a tradition of the Republic and gentleman esteems so valuable for the citizens of this country; an agent of Government, not as simply an institution of learning; I 1:annot imagine a Jaw more partial even in its operation, anti I hold while this bill involves a matter of the common education of the that a republican ~overnment forgets its highest ol.lligation when it whole .people. :My friend forgets that the moment that he breaks confers upon any class of citizens, except in connection wi~h the ad- loose from the grand doctrine of America, the fundamental idea of ministration of the government, rights and oppor~nnities which do our Government, that whatever appertains to the rigllts and immu- not belong in common to the whole people. I abhor that legislar- nities of the citizens shall be equal anti common to all-t11at whenever tion which confers special benefits on the few and withholds ~hem he breaks loose from that principle and ventures into the traditions from the greater number. We can well understand why in that great of the middle-age system, then he meets at every step the' principles country from whence we drew our origin a few illStitutions of learn- of republican government springing up to confront him. Let us have ing, aud notably those of Oxford and Cambridge, shoultl be fostered laws of education t.hat shall not discriminate in favor of a portion of by government and should have become pillars of the state. It is our citizens, but apply alike to all. It is for that reason that I object because there the state in the main rests npop a favored cla.ss of its to a system of legislation which in the matter of education singles people. But that auy one should contend that in a goverument of the out a handful of our youths and gives them, at the expense of t.he people that system of education shou.ld be fostered which reaches and nation, further ad vantages of education than those they already enjoy benefits only a favored class, while multitudes of the generation that in being educated in the hi2her branches of learning. is coming are left destitute of the benefits of that degree of education Mr. ATKINS. I desire to know if this debate is continuing under which would fit them for citizen hip, is to me incomprehensible. any rule 7 I hold on the subject of education that whatever qualifies a citi- Mr. TERRY. I did intend saying a word in reply to the gentleman zen for the duties of citizenship should be alike common to aU, and from Indiana on the matter of economy, but so much has been said that any legislation upon that subject which does not tend to that upon this subject that I will not further detain the House, but will I'esu lt is not in harmony with the genius and spirit of our republican call the previous question. iu titutions. It is true that the Federal Government, in view of the Mr. HOLMAN. I attach no such weight to the question of econ- greater efficiency and noble rivalry of the States, may not enter upon omy as I do to the question of principle involved here. t!Je general field of education, but the spirit of our institutions de- Mr. BANKS. I hope the gentleman from Virginia will aJlow me to mands that every aid the Federal Government shall extend t.o the answer a question put to me lJy the gentleman from Indiana 7 high cause of education should be as broad as the Republic and reach Mr. TERRY. I yield for that purpose. in its beneficent influences every child of the nation. Mr. BANKS. The gentleman asked me a question and I want to The defense of West Point and the Naval Academy has always answer it in the affirmative. He inquires if this measure is one that been that they were not simply institutions of learning, but neces- reaches tue common schools of the country, if the pupils of the com- sary agents of the Government in the organization of its armies; in- mon schools are to reap the advantages of it, and I answer that they stitutions having no relations to the general education of the people, are. There are no common schools without the higher school of edu- but the organization of the military and nn.val forces of the Govern- cation. It is from them that we get teachers and professors. an<1 ii ment. there is to be a.ny military education iu this country of a general ~ha.r­ Mr. HOOKER. I desire to make a single inquiry of the gentlema.n acter it must come from this mea~ure and no other. from Indiana. Am I correct in understanding the gentleman from Now the gentleman from Indiana does not propose, a>~:J I undcrstanll 3774 CONGRESSIONAL REOORD-HOUSE. JUNE 13, him, to interfere with the military school at West Point. He sustains peace. a~o_!lg individuals a;nd _among nations as ~ knowledge that that. Under his idea all the milit.ary education of the country is each mdiv1dual or each nation 18 prepared for war if forced upon him to be obtained there from professors under the favor of the Govern- or it. ment. Is that a democratic institution or a democratic idea ' And What is it that keeps the states of Europe at peace at this moment, not only that, but he desires that all the education of a military char- with their ~ven millions of armed ~en f It is the knowledge that acter shall be limited to the pupils of that school, and that all the every state IS prepared for war, and if war should once commence it people who have military knowledge shall have been trained in that would involve the whole of Europe. It is this preparation for war school Does the gentleman from Indiana call that a democratic the- that preserves nations from war. What led the first Napoleon to his ory f Certainly not. If you are to have military education you must destruction f It was his belief and declaration that the peop1e of provide measures for general instruction. If this principle is ex- England were a nation of shop-keepers and would not fight. What tended, as I have no doubt it will be, and if this policy, of which this led us into our controversy so much as the belie! on the one side and is but the beginning, shaJl be successful, I venture to say that it will the other that its opponents would not fight f provide military instruction for ordinary purposes in every common To be prepared for war, to comprehend and fully understand its schcol in the laud. terrible conditions and results, is the best way to obtain and main- Mr. HOLMAN. Was not the experience of the last war such as to tain peace. That was iu fact the legacy of Washington. "There is a teach our people that acquirements in military sience were of such a rank due to the United States among nations," he said "that will be character that in a free Government like ours all that was requisite withheld, if not absolutely lost by the reputation of weakness. If in that field of learning could be acquired almost upon the impulse we desire to avoid it we must be able to repel it. If we desire peace, of the moment' Were not some of the most successful generals of the it must be known that at all times we are ready for war." The gen- Army men who bad never devoted themselves at all to military science. tleman from Kentucky [:Mr. JONES] ought to be able to comprehend until the tocsin of war was sounded f And when I look at the dis- that this is a measure in the interest of peace. For myself I would tinguished gentleman from Massachusetts, [Mr. BANKS,] and the never have uttered one wordinfavorof it, and would not now, except gentleman from Illinois [Mr. HURLBUT,] and others who honor this as a measure of peace. floor by their presence and shed luster upon arms in tho L'\te war, I Mr. JONES, of Kentucky. As an answer to some extent to my own know there can be but one answer to that question, that is, that question, I desire to call attention to the section of the Revised Statutes among a free people preparation for war is always made, and there is to which this bill relates. Section1225, after providing that the Presi- no necessity for wa ting the time of our youth in acquiring that dent may detail an officer of the Army to act as president, superin- branch of learning, when from the very spirit and nature of our insti- tendent, or professor of any estab1ished college or university having tutions we are always armed and equipped. capacity to educate at the same time not less than one hundred and Mr. BANKS. There is but one answer to the question which the fifty students, goes on to provide that- gentleman propounds, and that is that the advantage in the beginning The number of officers so detailed shall not exceed twenty at any time, and they of the war, as I doubt not every volunteer officer and soldier of the shall be apportioned tb ronghont the United States, a.s nearly a.s inay be practica- northern army and of the southern army perhaps will admit, was abso- ble, according to population. lut.ely and overwhelming with the graduates of West Point Academy. I hold that under that provision the Secretary of War or the Presi- In the commencement of the war every man in the Army believed dent must distribute these officers fairly and justly &mong the States. that it was scarcely safe to enter upon a campaign unless we had one Mr. TERRY. Inasmuch as nobody bas spoken a~ainst the bill ex- or more of these officers in command of the volunteer forces of the cept one gentleman, I yield to my friend from Georg1a, [Mr. BLOUNT,] Army. It is, however, true that after two or three years' experience who I understand desires to oppose it. in active service the volunteers a{!quired skill; and I do not ~tand Mr. BLOUNT. Mr. Speaker, I am somewhat surprised that a propo- here to say that their skill was not equal to that of the graduates of sition of this sort should come from a committee on this side of the West Point Academy. But I will say this, and every soldier on this House; for it involves the right of the Federal Government to take floor will justify me in saying it, that no volunteer officer, at least of charge of the proper education of the people in the several States. the northern Army, ever for a single moment had that credit with the The gentleman from Mississippi [Mr. HoOKER] urges that this amend- country, the Government, or the people for whatever services he might atory bill provides only for an addition of ten officers to the number have performed that these graduates of West Point Academy uni- allowed by existing law. But is that meeting the question properly' versally received from the Government and the people. That was If this power does not reside with the Federal Government, is it not because the West Point graduates were supposed to have been thor- time that instead of acting on what has been done we should correct oughly educated in their profession and the volunteer officers were what has been erroneously done. If we may go forward in building suppose<}: not to have been so educated. It was an injustice to the up these institutions in the several States, where is the limit of our volunteer for which the country never can atone. power' Where are the boundaries f Where is the voice that shall Mr. JONES, of Kentucky. Will the gentleman allow me to ask say, "Thus far shalt thou ~o, and no farther'" }~or one I belie>e that him a question f this country is not now askmg for this measure. The cry is not coming Mr. BANKS. I would prefer not to be led away from my argu- up from the States for military edncation; the cry is not coming up ment. for an increase of expenditures. The sentiment of the people does Mr. JONES, of Kentucky. I want to ask the gentleman if he baa not fa.vor any excuse for multiplying Army officers. If we have too observed how this system has been carried out heretofore' Have many of them, more than the public service requires, let us not seek these officers lJeen assigned generally among the States in proportion to perpetuate them upon the people of the country by assigning them to population, or what baa been the practice in that regard 7 to the business of educating the people. . Mr. BANKS. It has been an experiment. Whenever a university Mr. HOOKER. Will the gentleman allow me to answer his inquiry! or one of the higher schools in Kentucky, for instance, has asked the Mr. BLOUNT. I will in a moment. If the excuse is that you have Government to assign an officer to a military professorship in that too many Army officers, then respond to the cries of the distressed institution, the request has been granted if there have been such people of the country; restrict the number of officers; reduce ex- officers to be assigned. penditures; take your heavy hand off the industries of the people. Mr. JONES, of Kentucky. I understand the law very well ; but I Mr. HOOKER. The gentleman will allow me to say that I am not ask the gentleman if he baa observed how these professors have been aware of anything in this bill which forces these instructors upon assigned, whether to the States generally or to particular sections f any State. They are never sent anywhere except at the instance of Mr. BANKS. They have been assigned wherever they have been colleges that apply for them under the law. There is no power to required; that is the intention of the law. send them unless they are called for. If they are not wanted in any Mr. BLOUNT. That is not true in practice. State, they certainly will not be sent. Mr. JONES, of Kentucky. With the permission of the gentleman Mr. BLOUNT. If they are wanted, what right have we to appro- from Massachusetts, [Mr. BANKS,] I would ask the gentleman who priate money to meet a wish of that kind! Where will the gentle- reports this bill [Mr. TERRY] if it provides for a fair and eqnal assign- man find t.be power to appropriate money for such a purpose 'f If wo ment of these officers among the States, or is it left discretionary have power to do this, why have we not power to legislate broa(Uy with the Secretary of War or the President where to assign them T on this whole subject of education f My colleague [Mr. CooK] says If the bill does not provide for that it should do so. With such a pro- that no appropriation is asked for. I will tell him of one thing that vision I would not object to the bill; without it I would be opposed is asked for, retrenchment in the expenditures of the Government. to its pa-ssage. If these officers are useless for the military purposes of the country, Mr. BANKS. The assignment is made at the discretion of the Gov- let us not maintain these expensive salaries; let them be abolished. ernment, because the number of officers for this purpose is not equal The distinguished gentleman from Massa-chusetts, [Mr. BANKS,] for to the calls upon the Government for them. If you will increase the whose wisdom and patriotism I have the highest regard-who never number of these officers you will have them in every section of the speaks without winning my attention and respect-has attempted to country, and in every school wherever wanted. defend this proposition on a ground which I think is entirely unten- Mr. BANNING. Will the gentleman from Massachusetts [Mr. able. He says th:tt we tried the assignment of three officers for this BANI{S] permit me to answer the question of the gentleman from purpose and found advantage from it; we then tried twenty and Kentucky, [l\lr. JoNES f] found anvantage from it; and therefore we should increase the num- Mr. BANKS. I prefer to go on. The gentleman from Indiana [Mr. ber. Sir, if that is the way we are to proceed where will be the end f H OLM:AN] has said that this was a proposition to extend a murderous We have thirty-seven States with a vast number of colleges sc:tt- system of policy; that is, the policy of war. Permit me to say that it tered through them. The measure now proposed is not expected by is exactly the opposite of that; it is a measure to strengthen the policy any one to meet all the demands in this direction. When you have of peace. There is nothing that tends so much to the maintenance of inaugurated this movement, where is it to stop f i876. CONGRESSIONAL RECORD-HOUSE. 3775 Mr. Speaker, for one I feel that it is t.he duty of the Representa- education to ponder awhile upon this second annual message of the tives of the people n.t this hour to meet wherever they can the demand first President of the United States. for retrenchment. I appreciate the benefits to be de1ived from the Mr. TERRY. I must insist on the demand for the previous question. assignment of these officers to this duty. I would like to have one in The previous question was seconded and the main question or- my own State; and I believe there is a pending application of that dered; and under the operation thereof, the bill was ordered to a kindr But, sir, because we would like to have the services of these third reading, and it wa.s a-ccordingly read the third time. ' officers for nothing, I will not violate what I deem to be a principle Mr. LANDERS, of Indiana, demanded the yeas and nays on the of the Constitution, I will not violate the demand of the day for re- passage of the bill. trenchment. Why, sir, we have a perfect army of officers. The gen- The Honse divided; and there were-ayes 24, noes 133. tleman from Massachusetts [Mr. BANKsl attempts to magnify the The SPEAKER pro tempore. Not a sufficient number. great advantages of military education throughout the States. Sir, Mr. HOLMAN demanded tellers on the yeas and nays. we are isolated; we are separated by a vast ocean from• the other Tellers were ordered; and Mr. HoLMAN and Mr. TERRY were np- gre:1.t powers of the world. Why should gentlemen try to alarm us pointed. • on thissubjectf For one I have no fear of an invading foe. We have The House again divided; and the tellers reported ayes 38, noes a gallant people ready for war whenever it shall come and capable not counted. of defending the country from all harm. So (more than one-fifth of those present having voted in the affirm- Mr. SPARKS. Will the gentleman allow me to aak him wherein ative) the yeas and nays were ordered. this increases expenditures t ' The question wa.s taken; and it was decided in the affirmative-yeas Mr. BLOUN.T. I will answer with a great deal of pleasure. If 122, nays 50, not voting 117; a.s follows: these Army officers can be spared from the military service of tlm YEAS-Messrs. Adams, Atkins, Bagby, George A. ~ley, William H. Baker, country to be assigned to educational purposes, then they are not Ballou, Banks, Banning, Beebe, Samuel D. Burchard, William P. Caldwell, Cand. needed for the military purposes of the Government; and, if they are ler, Cannon, Cason, Caswell, Cate, Caulfield, Cochrane, Collins, Cook, Crounse, Cutler, Danford, Davis, De Bolt, Denison, Dibrell, Douglas, Dunnell, Durand, Dur- not needed, I say we have no right to maintain them for the purpose ham, Eames, Egbert, Finley, Franklin, Frost, Garfield, Gause Glover, Goode, of devoting their services to the education of the people. Gunter, Hancock, Benjamin W. Harris, Harrison, Hartridge, Hatcher, Hendee, Mr. TERRY. Mr. Speaker, so much has been said about the ques- Henderson, Abram S. Hewitt, Hill, Hooker, Hurlbut, Jenks, Thomas L. Jones, tion of economy that I will say one word. We do not propose by Joyce, Kasson, Kehr, Ketcham, Kimball!. Lamar, Lapham, Leavenworth. Levy, Luttrell, Lynch, Edmund W. M. Mackey, L. A. Mackey, Magoon, McDill, McMa- this measure to increMe tho expenses of the Government a single hon, Metcalfe, Miller, Monroe, Mutchler, Norton, Oliver, O'Neill, Packer, Page, dollar. We have at present upon the rolls many officers whose serv- Phelps, William A. Phillips, Plaisted, Poppleton, Potter, Pratt, John Reilly, Riddle, ices are not now required in the Army. If the gentleman from Geor- William M. Robbins, Robmaon, Miles Ross, Sampson, Schleicher, Shea.kley, Single- gia [Mr. BLOUNT] or the gentleman from Indiana [Mr. HoLMANl will ton, Sinnickson, A. Herr Smith, William E. Smith,·Sparks, Spencer, Stenger, Stone, 'Earbox, Teese, Terry, Thomas, Martin I. Townsend, Washington Townsend, Tufts, bring forward a bill to reduce the number of Army officers, r will Turney, Van Vorhes, Robert B. Vance, Wait, Gilbert C. Walker, John W. Wa.l- vote for it; but while we have this large number of supernumerary ~. Ward, Whitehouse, Whitthorne, Wigginton, Charles G. William8, James officers doing nothing, I say let them be assigned to the ci vii institu- Wilson, Yea.roa, anil Young-12'2. tions of learning, and let them earn their pay by giving instruction NAYS-Messrs. Ainsworth, Anderson, Blackburn, BloU11.t, Boone, Bradford, John Young Brown, Buckner, John H. Caldwell, Chapin, John B. Clarke of Ken· there. tucky, John B. Clark, jr., of Missouri, Clymer, Culberson, Dobbins, Ellen, Forney, Mr. HOLMAN. Why, sir, a bill reducing the number of our Arniy Fuller, Andrew H. Hamilton, Hardenbergh, Hartzell, Haymond, Goldsmith W. officers is now pending in the Honse. Hewitt, Holman, Hurd, Franklin Landers, George M. Landers, Lane, Lawrence, Mr. TERRY. I demand the previous question. Lewis, Lynde, Milliken, Neal, Parsons, John F. Philips, Piper, Reap;an, Rice, John Robbins, Savage, Sprin~~r, Thompson, Throckmorton, Wallin~, Wike, Willard, Mr. TOWNSEND, of Pennsylvania. Will the gentleman allow me James Williams, James 1J. Williams, Jeremiah N. Williams, and Willis-50. to offer an amendment 7 NOTVOTING-Measrs. Ashe, John H. Baglf'.y, jr., John H. Baker, Bass, Bell, Mr. TERRY. No, sir; I cannot yield. Bmine, Blair, Bland, Bliss, Bradlf'.y, Bright, William R. Brown, Horatio C. Burch- ard, Burleigh, Cabell, Campbell, Chittenden, Conger, Cowan, Cox, Crapo, Darrall, Mr. TOWNSEND, of PeDDBylvanin.. Will the gentleman o.llow it Davy, Ellis, Ely, Evans, Fanlkner, Felton, Fort, Foster, Freeman, Frve, Gibson, to be read f Goodin, Hale, Robert Hamilton, Haralson, Henry R. Harris, John T. fiarris, Ha· Mr. TERRY. Yes, sir. thorn, .H.'l.ys, Henkle, Hereford, Hoar, lloge, Hopkins, Hosk.ins, House, Hubbell, The Clerk read as follows : Hunter, Hunton, Hyman, Frank Jones, Kelley, IGn:r, Knott, LeMoyne, Lord, Maish, MacDougall, McCrary, McFarland, Meade, Mills, Money, Morgan, Morri- Provided, That section 12'25 of the Revised Statutes be so amended aa to extend son, Naah, New, O'Brien, Odell, Payne, Pierce, Platt, Powell, Purman, Rainey, the privilege of a. detail of a.n officer of the United States Army to any educational Randall, Rea., James B. Reilly, Roberts, Sobieski Ross. Rusk, Sayler, Scales, Schu- institution within the United States having a capacity to ednca.te one hundred maker, Seelye, Slemona, Smalls, Southard, Strait, Stevenson, Stowell, Swann, male students at the same time, the number of officers 1:10 detailed not to exceed Thornburgh, Tucker, John L. Vance, Waddell, Waldron, Charles C. B. Walker, tliirty in alL AlexandE\r S. Wallace, Walsh, Warren, Erastus Wells, G. WilevWells, Wheeler, White, Whiting, Andrew Williams, Alpheus S. Williams William B. Williams, Mr. 'l'OWNSEND, of Pennsylvania. I ask the gentleman from Vir- Wilshire, Benjamin Wilson, Alan Wood,jr., Fernando Wood, Woodburn, and W()()(.l· ginia to allow that amendment to be offered. worth-117. Mr. TEURY. I am not instrnctod by my committee to permit any So the bill was passed. amendments; and I must decline to comply with the gentleman's re- During the vote, quest. Mr. WILLARD stated th:1ot his colleagues, Mr. WALDRON, Mr. WILL- Mr. GARFIELD. I ask the gentleman to yield to me that I may IAM B. WILLIAMS, Mr. BRADLEY, 3ond Mr. HUBBELL, were absent by read a single paragraph bearing upon this subject. leave of the Honse. · Mr. TERRY. Very well. Mr. J. H. BAGLEY stated that he was paired with Mr. EvANs. Mr. GARFIELD. Tho remarks made by the gentleman from The vote was then announced as above recorded. Georgia [Mr. BLOUNT] were so striking on two points-first, on the Mr. TERRY moved to reconsider the vote by which the bill was constitutional power of this Congress to do anything in regard to passed; and also moved that the motion to reconsider be laid on the education in the States and, second, in regard to our less need of edu- table. cation of this sort in an isol:1.ted country like ours-that it has oc- The latter motion was agreed to. curred to me to read a paragraph from a very venerable document to which I am sure everybody in the Honse will listen with pleasure. ENROLLED BILLS. I read from the second annual message of George Washington to Mr. HAMILTON, of Indi:1.na,from the Committee on Enrolled Bills, the Congress of the United States. After recommending Congress reported that they had examined and found truly onrolled bills of the under the Constitution to take into consideration the care of manu- following titles; when the Speaker signed the same: factures, the ad van cement of agriculture and commerce, the estab- An 3.Ct (H. R. No. 40) to re-imburse B. F. West & Co., of Martin's lishment of uniformity of weights, measures, and the like. He says : Ferry, Ohio, for internal-revenue st3.IDps stolen from Cambridge (Ohio) Nor am I less persuaded that yon will agree with me "in opinion that there is post-office ; nothing which can better deserve your patronage than the promotion of science An aot (H. R. No. 353) to amend section 1911 of the Revised Stat- nnd literature: Kn?wledge is in every country the surea~ basis .of _public happi- utes of the United States, defining the jurisdiction of Washington ness. In one m which t.he measures of Gove..."'Dment recetve therr unpresaion so Territory; and immediately from the sense of the community as in ours it is proportionably essen- tial. To the security of a free constitution it contributes in various ways: by con· An 3.Ct (H. R. No. 2441) ~uthorizing the appointment of receivers vmcing those who are intrusted with the public administration that every valua- of national banks, and for other purposes. ble end of government is best answered by the enlightened confidence of the peo- ple, and by teaching the people themselves to know and to value their own rights. COURT OF CLAIMS. to «liscern and provide again.s t invasions of them; to distinguish between oppreS: The SPEAKER pro tempore, by unanimous consent, laid before the sion and the necessary exercise of lawful authority, between burdens proceedin~ from a disregard to their convenience and those resulting from the inevitable e:n- Honse a letter from the Secretary of the Treasury, in reference to a gencies of society; to discriminate the spirit of liberty from that of licentiousness bill of the Honse (B. R. No. 3481) extending the jurisdiction of the cherishing the 1irst, avoiding the last, and uniting a. speedy but temperate vigi: Court of Claims, and for other purposes, with accompanying papers; lance against encroachments with an inviolable respect to the laws. which was referred to the Committee on Patents, and ordered to be Now listen, and remember this is an address to Congress: printed. Whether this desirable object will be beat promoted bv affordin.,. aids to semina- MILITARY ROADS IN ARIZONA. ries of learning alr~y est~blished, by the ins~itution of a nation'al univer io/. or The SPEAKER pro tempore also, by unanimous consent, laid before by 3;DY other expedients, will be well wort.h y of a place iu the tlelibemtions of the Legtslature. the Honse a letter from the chief clerk of the War Department, trans- mitting a 1·eport of the Chief of Engineers on a bill (H. N. No. 3008) I commend to the gentleman who has so mnch fea.r of the consti- to provide for the construction of military roads in Arizona; which tutional powers of this Congress to do anything in encouragement of was referred to the Committee on Military Affaim. I 3776 CONGRESSIONAL RECORD-HOUSE. JU.NE 13, W AREBOUSES, ETC. determine the width of the span and height above high-water mark, The SPEAKER pro tempore also, by unanimous consent, laid before and also that any change required by the Secretary of War shall be the House a letter from the chief clerk of the 'Var Department, trans- at the expense of the company. As this bill may lJe reported. by the mitting copies , 1 1 1 In view of these facts, the question presents itself should the people Estimated condition of the Trea81tMJ for 1877. of the United States bear this burden, even if they were able to do Estimated expenditures, (see report of Secretary of the Treasury, sot Admit that our material interests were in a condition of great December 6, 1875, pa~e vi) ............. _.... ..... ... .... .. . ... . . $269, 265, 000 00 prosperity; admit that we were where we were a few years ago, Add to t-~is sinking fund, (see report of Secretary of the Treasury, page vu) ·. .................. .. • • • • .. • • • • • • • • • • • • • • • • . • • • .. .. .. • • . 34, 063, 377 40 when all of us wero doing well and making money, and many of us ------ saving something besides our expenditures. I submit, that however Total . ....... _........... _........... . • .. . . . . .. . . . • . • .. .. . . . 303, 328, 377 40 wealthy the people may be it is not necessary that so large a number To this add deficiency for 1876 .•••• _................ _•• • ••••••••• _ 24, 6()-.:!, 3~2 55 of officials should be employed for governmental purposes, or that Total to be provided for ............ _................... .• • • • 327, 930, 75r) 95 such a large expenditure of money should be incurred. I believe it To provide for this take same total receipts as the present year. . . 281l, 2-t7, 3H7 76 is demonstrable that our Government can be maintained efficiently, the public interest better preserved and protected by a reduction of Probable deficiency at end of fiscal year 1877 .•••. _.......... 41, 683, :172 19 at least 35 to 40 per cent. in the number of employes and in the gen- _In these statements it wi11 be observed that the required contribu- erD.l disbursements. tion to the sinking fund is provided for. Though it is my belief that But are the people able to bear their large burdens at this time the Government is not indebt-ed to this fund at all, o"\\-ing to the large even if the present scale of expenditures are necessary f What is the purchases by Mr. BouTWELL when Secretary of the Treasm·y of out- present condition of the 'l'reasury f For this is a pertinent and indeed standing bonds, yet in view of the positively expressed intention of a vital question we should ask ourselves in thitl connection. Mr. Bristow in his last annual report of adhering strictly to the re- A government, like an individual, should live within its means . . If quirement of the Jaw which sets n,part a portion of the coin receipts in either case the cost of living is in excess of the income, t.he deficit ns a special fund for this object, I do not see why it shonld not be must be provided for in some way, either by levying contributions included as one of the obligations of the Government. To consider upon others, by borrowing, or by retrenchment. I have nscertained the legal-tenders and fractional currency redeemed under recent acts from the best available official sources the present condition of the of Congress as complying with the law of 1862 as proper appropri.a.- Treasury at this time, the end of the present fiscal year. My data is tion to this fund is, in my opinion, an evasionof the clearly expre ed entirely reliable if we can place confidence in the official statements determination of the Secretary in his report to Congress referring to of those who have the immediate charge of the Treasury. this subject. The sinking-fund account, therefore, stands thus: Statement of conditi()n of the Treasm-y, June 30, 1876. Sinking-fund account, ( offic;ial,) 1875 a.n d 1!::!76. For 1875: Tbe estimate. pf receipts for the present year (see report of Secre- Due ... .............................................................. $31,096,54!J tary of the Treasury, 1875, page vi) was ....... .. ... .. . ......... ~7, 456, 145 14 Applied ................. . .......................................... . 2:l,l711,400 Tbe actnal receipts for eleven months and estimate for the present month is officinJ.ly stated................ .. . . . . .. • . . . . .. . . . . . . . .. 286, 247, 387 76 Balance due ............. __ ... .................................. . 5,926,14~ For 1876: Difference between estimates and !-'eceipts . .. . . . . ......... . 11, 208, 757 38 Due . ...................................................... $32,140,914 Applied .. . • . . . . . • . . . . . . . . . . . . . . . . . . . . . . .. • . .. .. . .. . . . . . . . . 13,000,000 The expenditures for same period was estimated (report of Secre- tary of the Treasury, pa~e vi) at . .. .. . .. .. . .. . . .. . . . . .. .. . .. . . . 268, 447, 543 76 Balance due ......................................... .. 19,140,914 Actual experulitn.rP.H for eJeveu months and estimate for present month, as officially llt.'\ted, not including sinking fnnd . . . . . • . . . . 263, 138, 853 53 Nowdue .......... -................................. ......... ..... 2.'l,G67,05J (See report Secretary of the Trensury, December, 1876, pages x and xi.) 5, 308, 690 23 Add to this the balance due the sinking ;fund, after · Such is the condition of the public finances. It is obvious the Gov- deducting 13,000,000, the only bonds called for ernment caD.llot bear the burden which has been imposed upon it iu this year ......... _...... ..,~........ . .. • • . . . . . . .. $32, 293, 692 32 the appropriations, in View of its decreased and decreasing resources. 13, 000, 000 00 19, 293, 692 32 Further taxation is out of the question at this ti.n}e, and should not be resorted to even if practicable. There is but one honest course Deficiency at end of present fiscal year ..................... . 24, 602, 382 55 left, .and that lies in a general, radical change in the scale of official NO'l'l~. -The retired legal-tender and fractional currency redeemed are no part of eipenditure.. 'l'his is our duty if we are true to those we represent, t¥ sinking_fUDd under the act of February 25, 1862. · and the speeijl misswn of this House. 1876. CONGRESSIONAL R.ECORD-HOUSE. 3779 Our legislative syst.ern was modeled after the English system. Fortification bill, inoludmg torpedoes and armaments, reported February 15: England has her House of Lords, corresponding with our Senate; her Estimates, (see Book of Estimates, pages 73,74, 83, and 126) ...••.• _. $3,406,000 00 House of Commons, corresponding with onr House of Representatives. Committee recommended ............... _................. -.. • • • • .. . 315, 000 00 The government of England is no longer in the Crown, nor in the pc·en;; of the realm;· it is in the people ns represented in the House of Reduction .••..• -···· .. ···-···· .. -····-- .. -·-- .... ·-······--· 3,091,000 00 Commons. So the Government of the United States is to-day, or ought Appropriation for present year ......... -.-.- •.••.• - ..• - •• -••••• _... 850, 000 on to be, in the people; and so far as we here are faithful to the interests and liberties and rights of the people, here should be the power of Reduction.·-··--·· ...... - ••. -- .. --··-·-·--···---··-·--··..... 535,000 00 the Government in controlling everything relating to the question of Has become a law. expenditures. Sir, the House of Commons fixes the budget; no House of Lords ever dared to make an issue with the House of Commons as Legislative, executive, and judicial, reported Maroa 8: Estimates, (see Book of Estimates, pages 9a, 32, 34a, 50, 51a, and 58) 20, 836, 307 00 to ~xpenditnres of the public money. The Honse of Lords does not Committeerecommended .. -•• -..... -••• -......... -........... -..... 13,009, !:!07 61 amend a money bill coming from the House of Commons. The chan- cellor of the exchequer opens his budget; he presents to the House of Reduction···-···-·-·-·--· .. ._ ............. --·····--· ...... _._ 7,826,499 39 Common:i what, in his judgment; are t.he necessities of the govern- ment; he presents a detailed statement of the resources of the govern- Appropriation for pres&nt year ....... -- .. ·-··- .. ·-······-· ......... Ji 734,225 00 ment; ho makes his recommendation; the ministry support his rec- Reduction ..... -....... _., .......... -.... - ... --·····-··-···-·· !i, 724,417 39 ommendations, and the House of Commons vote upon it. Sometimes they modify, alter, and amend materially, but generally in the line Returned to the Senate with nine hundred and fifty-two amendments non-concurred in ....•... ···-·-···-··- ............ -··--·····-··· ... 3, 500,000 00 of decrease, although I have known instances where the budget bas Passed the House April28. been materially increased by the action of the House of Commons as River and harbor bill, reported April 3: against the ministry. Whatever that determination may be, when Estimates, (see Book of Estimates, pages 127 et seq.)··- ...... _...... 14, 301. 100 00 thn.t budget. is transmitted from t.he House of Commons to the House Committee recommended .• -........ -- .......... - .. . -- •••.•. -...... 5, 872, 850 00 of Lords, it is adopted almost always nent. con. as a finality. Not so here, sir; and I hope my apprehension may not be realized that our Reduction •• _•. -.--- •.. -... - ••• - ••• -- ...... _......... _••. _... 8, 428, 250 00 bouse of lords will make issue with us at this time as to our budget Appropriation for present year .. -····--·· .. --·····-··· .•• _........ 6, 643,517 50 on the question of economy. But if that issue shall come, I hope we will go before the people on it and let that court of final resort judge Reduction .• _......... _..................... _......... •• • • • •• 770, 667 50 bet.ween us. Pl8sed the Houae April10. What has our Committee on Appropriations done f I said at the In the Committee on Commerce, Senate. beginning of these remarks that our budget wa-s nearly closed. The Deficiency bill, reported Aprilll : Committee on Appropriations has reported to the House the eleventh Estimate, (see Executive Document No. 155; Forty-fourth Congress, general appropriation bi1l. There remains but one more, and when first session) ..............• - ............ -•.. _............... .. .... 2, 723, 471 70 that bill shall have been reported to the House we will have the en- Committeerecommended •• -···-·········-······· .. •·•••• .. ······-··· 662,315 07 tire amount of expenditure which the House of Representatives, so br as I know and believe, intend to allow for carrying on the Gov- Reduction .••••• ,_ ........ -•.•••••• _•• ,_ ................... _,_ 2,061,156 63 ernment during the next :fiscal year. · Appropriation for la.styear .• _. ,_ .............. ·-· __ ••• _.. -· __ •.. •• .. 4,~ I cannot say that I justify every detailed item of expenditure pre- sented in these bills. I took exception ori{.,rinally to the diplomatic Reduction··---· .............. --······ ..................... __ , 4, 041,384 11 and consular appropriation bill as reported from the Committee on Has become a law. Appropriations. I had grave doubts about the abolition of several Postroffice bill, reported April 29 : • consulships which under existing law certified to invoices of mer- cbandi e and had a material influence on the amount of duties to be Estimates, (see Book of Estimates, page 141) ·--- ................... 37,939,805 99 collected under the ad-valorern system. I had my fears that the rev- Committeerecommended.-·-······· .. --·-· ····-· ···-·· ·-·--· ........ 32,189,109 00 enues of the country would be affected by the abolition of those con- Reduction·-···· .. ·-···-··· ....................... - ...... _. •. 5, 750,696 99 sulates, and I looked upon the trifling expense involved in keeping them up as of little consequence compared with what, in my judg- Appropriation for present year._ .......... _....... ,_ .......... _..... 37, 524, :i6l00 ment, were larger and graver national considerations. I could go on · Reduction ..... _................ -........................... _. 5, 335, 252 00 and show particular items in other bills, isolated propositions, which of and by themselves I might have some doubts about, but tllo whole Returned to Senate with non-concurrence of House .•••• _•.••••.•• _. 3, 350, 008 00 purpose, scope, a.nd theory upon which these reductions of public ex- Passed the House May 17. peuditure have been made are in my judgment politic and wise, and Navy bill, reported May 5: we have no duty here on this side of the House except to sta-nd by Estim~tes, (see Book of Estimates, pages 816 et seq.) .••••• •••••••••••• 20, 871, 666 40 them as the declaration of a principle, as a practical, ever-living Commlttee recommended .... - .... -...... -•• -.... _- ••••• _••••• __ • . • • 12, 808, 655 40 illustration of the truth of our professions to the people of economy 'Reduction ............ _.................. -..................... 8,003;01100 and reform. Now let us see what the Committee on Appropriations and this Appropriation for presentyear ••••••••••••.•. -···········--·······~· 17,011,306 90 House propose in the way of reductions. It is well occasionally, and especially at this time, to take "an observation," in marino language, Reduction ....... - .............. ... ........................... 4,202,651 50 of the exact situation of the ship of state and how this Honse pro- In the Senate committee. pose~·to meet the existing deficiency in the revenues of the Govern- Passed the House May 23. ment. I present a concise statement relating to each of the appro- Indian bill, reported May 18: priation bills as reported from the committee, as acted upon by the Estimates, (see Book of~stimates, pages 91, et seq.) .......... -....... 5, 7~. 995 64 House, and as compared with the estimates and the appropriations Recommended by COmiDlttee ••••• : ••• - •• ·······-···--· ..... _. __ ... _. 3, 905, 77l 27 made by the la-st Congress for the same service: Reduction ................ -······--·-··" .. ·--·---·-·.......... 1, 882,224 37 Situation of the following-named bills, June 13, 1876. Appropriation for present year .... -.......... _....... _.•• _•• __ . _.. __ 5, 360, 5.14 55 Military Academy, reported January l1 : Estimates, (see Book of Estimates, pages 70, 75, 76, 77, and 134) .. _.. f437, 470 00 Reduction.... _......... -...... _............. --···--··----- .... 1,454, 783 2B In the Senate committee. Committeerocommended ···-·············-···········-···········-· 231,241 00 Summary showing reductions on the several bills as reported from :Reduotion . -•••••••••••••••••• -- ••••••••••••• -••••• _•••••••••• -206, 229 00 estimates: Appropriation for present ye'l.r ••••••••••••••••••••••••••• _••.••.• _•. ~4, 740 00 ~:iir~~~Io~~i{~ ::::~: 206,229 ()() :::::::::::::::::::::::::::::::::::::: 429,637 50 Fortifications, including torpedoes, &c..•.• _••..••.. ___ .. _........ .. 3, 091, 000 00 Reduction --·- ................................................~ 00 Deficiency·-··-· ................ . ......... ·-·····-··· .. · .. ----···-·- 2, 061, 156 63 In conference committee. Legislative, executive, and judiciaL ............................... .. 7, 826, 499 89 :Passed the House Ja.mmry 31. ~~~~-X:ffi~:.~~~~~:.-:::::::::::::: :::::::::::::::::::::::::::::::::: 5, 750, 696 99 8, 428, 250 00 Pension bill, reporled J l\Duaty 1t: Same as estimates . ........ ....... -............. ··-·-··-·····-- .. ·-· 29 533 500 00 Naval t~eiTice.. _................ ·- ·- .... -· .••••• ·---·- .•• --· •••.•.• _. 8, 063, 011 00 Indian service .••••• · -·····-·-· -- ... ·---· ... - ...... -- .......... _•••• 1, 882, 224 37 Appropriation for presentyear·--·-····· .. ······-·· .. •• .. ·••• .. ••••• 30: ooo: 000 00 Reduction ....•. ···-········- .. ·-·-· .. ··-· ................ _. .. ---- 466,500 00 Amount carried to page 5. _....... _. __ . _... _......... _.... _. _. 37,738:rosi Has become a law as pas86Cl House. Consular and diplomatic bill, repcrted January 28: From appropriations for present year: ~stim~tes, (see Book of Estimates, pageH 61, &c.) ....... _............ 1, 352, 485 00 Military Academy···-·-·-····· .. -- ... -.. --··· ..................... . 133,499 00 omm1ttee recommended . _•••••• _........................... .. _.... 922, 847 50 Consuhtr and diplomatic.. . . . . . . ......... _•..•••• _............... __ . 428,437 50 Fortifications, including torpedoes, &o ................. -······-··-·· 535,000 00 Defi.ciency ........................•• -· ... ··-·- •••••.• _.. ·-· ••.• , -· -· 4, 041,384 11 Reduction .......... ····-·········-·-· ... _•• ··--····-··-· .. ·-· 429,637 50 L~j!;Islative, executive, and judicial ............ ·---· ....... - ....... . 5, 724,417 39 [~~~~~:·:~;;:;;:;;:;;;:;:·:::;;;;;;;:::::::::::~:~~~~~~;~ Appropriation for present year ........... -· ••• u . . . . . . . . . _ . . . _ . . . . . ~~500 TIO, 667 50 5, 335, 000 00 4, 202,651 50 Reduction •• -......................... ----·--" .......... --··· 428,437 50 1, 454, 783 28 Conference committee re-appointed by th& Hous&, P-assel! the House April10. Amount carried to page 5 ..••.• -••••••• : ••••• _••••••. _........ ~. 625, 840 28 ""---- . 3780 CONGR.ESSIONAL RECOR.D- HOUSE. JuNE 13, .Army bill, reported June 12, 1876: Switzerland} our transatlantic sister-republic·, has no war depart- Estimates, (soo Book of Estimates, pages 67 and 77, inclusive)...... 33, 348, 708 50 ment and no stanuing army. She has no government tt·oops, and Recommended . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . • . . . . . . . . . . . . . . 23, 2.34, 477 12 needs none. If an emergency arises when a.n a.rmy is required, she Reduction . . . . . . . • . . . . . . . . . . . . . . . . • • . . . . . . . . . . .• . . . . . • . . . . . . . 10, 094, 231 38 licshavenonecessityforstandingarmies. Theseinstitutions good use for solU.iers to regulate popular elections, to organize legis- are inconsistent with the nature and theory of free opinion. The mili- latures, to administer laws. The only use we have for soldiers at all tary power is one of force; it belongs to arbitrary rule. The civil power is to serve as a nucleus for orgauization and a protect ion for the In- is one of thought; it belongs to the government of popular liberty, dian frontier. For this last, we need as little or less than twenty-five uncontrolled and untrammeled by other considerations than public years ago. We havo now industrious, prosperous, well-governed good, as determined by the will of the people. Under our sys tern the Sta.tes, where then we had but frontier settlements. The Indian military is, or should be, subservient to the civil authority. The Army, tribes are weaker, more peaceful, submissive. Railroads and im- as such, and those who control it, have no rigbts or privileges not proved communications give t.he means of moving troops for frontier accorded by the law, which itself is but the emanation of the people's police auU. give greatly increased effect to the same force. For voice. frontier use and defense ten thousand men wonlellion. United States Treaaury notes outstandmg payable on demand rn gold Notwithstanding the addition of the Southern States, without a to the extent of five or six dollars to one in gold in the Treasury to currency, with all of their industries paralyzed, their cotton fields redeem tb.em, and of course their legal-tender quality will be t~ken idle, their laborers and mechanics almost in a state of starvation, the from them, notwithstanding his views to the contrary. It does not policy of contraction was steadily carried forward by the republican require a person of very great genius to see that, inca$ a run should party until our available circulation was reduced to a sum not ex- be made upon the Treasury for payment or redemption of the out- ceeding $638,000,000, less than one-half what it was for the Nort.hern standing not-es, the- United States, just like any other corporation States alone at the close of the war. To this legislation baa been doing a banking business, would have to suspend. In the event ~f added .another law which now stands upon your statute-books, pro- such a contingency arising, I would like to as~ some. wh~ ~avor this posing to rea~h a specie standard by the year 1879, which, according financial scheme about how much below par, m the1r opmwn, these to the best lights we have now, would reduce your circulating me- notes would sink f dium to the sum of about one hundred and fift.y or two hundred mill- It seems to me that the proposition to return to a specie standard ions of dollars, or to less than one-third what it is to-day. involves one of two things: either a retmn to bard money o~ paper I know that some of the leading republican speakers in Ohio last issued dollar for dollar, or a returl\ to the old system of bankmg, or fall asked the question, '~When did the republican party contract the one in substance the same. To the second alternative I am oppo ed. currency f " And that in answer to the question they proceeded to Neither do I believe that the people of the United States will ever show that the withdrawal of forty-four millions of the currency was consent to a return to that iniquitous system of robbing the many for accomplished by Secretary McCulloch during the administration of the benefit of the few. In the last annual report of the Comptroller Andrew Johnson, _bnt they n·eglected to tell the people that McCul- of the Currency he makes use of this language: loch was a legacy hapded down to President Johnson by his prede- cessor, Mr.. Lincoln, and that the withdrawal of that a.m ount of cur- The experience of this COJl!ltry, previous to t.he or,.anization of ~he national b~k­ ing syswm, has ~?hown that m twentv years an amount equ.al to 1ts whole bankmg rency was in pursuance of an act of a republican Congress, and that circulation was lost in the hand of the peoP,le, the lo8s by btlls of broken banks awns the republican party is, therefore, responsible for it. It will not do bemq C'JmputecL to have been at the rate of 5 per csnt. per ammn~. 1876. CONGRESSIONAL RECORD-HOUSE-! · 3785 With this showing before them I do not think the people of this I believe there is a democrat on that comrni ttee wbo would notsay that country ought to be in great haste to return to a system of banking on be thought it ought to be repealed; but when you ask them why specie such as we are invited to by this republican party legislation. they do not report a bill for its repeal, yon will be told that wbilo We hear a great deal of talk about ''honest money" among a cer- they favor its repeal, they think something should be substituted in tain cla-ss of politicians, but for one I do not want any more of that class its place, and that the democrats cannot agree upon a plan for re- of honest money, that one-twentieth of the entire circulation of the snmp.tion to take the place of this republican plan which it is pro- country becomes entirely worthless in tbe hands of the people each posed to repeal. year, their loss being pocketed by that class of bankers who are not In God's name, gentlemen, if you mean what you say, and you are above playing the knave by enriching themselves at the expense of really in favor of the repeal of this iniquitous law, why not report their less-favored neighbors. And not only a twentieth, but in some your bill for its unconditional repeal, and discuss your substitute af- years, according to this same authority, the people who are compelled terward; or do you mean to bold the present law over our heads as a. to handle this money have been known to suffer a loss of one-fiJtlt. of means of driving gentlemen who hold the same views that I do into the entire bank capital of the country. Who is there among the the support of measures for specie resumption dictated by the bond- business men of the country that is willing or desirous to return to holders of the East, and but little if any improvement upon the pres- specie payment unless some system can be devised that will promise ent lawf If such is your intentions, I serve notice on you now that better results than those given by the Comptroller of the Currencyf you will have to wait until yon get a Congress composed of different And what better system can bedevised whileyonhave but$150,000,000 men than the present. We do not propose to be driven by a sma.l l gold in the country to form tha.t basis of which we hea,r so much talk f minority of the democrats on this floor into the support of any scheme It is not a specie b:tSis to which yon are invited to return, for you which wonld involve the destruction of the dearest rights of our con- cannot return to that whlch yon never had, and I affirm that you stituents, ancl the dishonor of ourselves as their representatives on never had in this country a specie basis in the true sense of those words; this floor. No, gentlemen; if that is your plan you might just as but, on the contrary, four-fifths of your circulation, in many instances well a_b andon it at once, and not wait until yon are driven to do your before the war, was built upon creilit, and credit alone, there not dut.y by the uncontrollable force of public opinion. If you persist being more than one dolla,r in coin iu tho vaults of the banks to re- in your refusal to do that which the plainest dictates of common deem five of the paper dollars tha,t were in circulation, and that on justice requires at your hands, you will be repudiated by the people their face purported to be redeemable in coin, but which every ma,n whom you have bet,raybd, as you will richly deserve to be. I speak of sense knew to be a glaring falsehood. It seems to me, therefore, now to the democratic majority on this floor, for it is to them that nnless we have deliberately uetermined to return to the olcl credit the people look for relief in this matter. Will you continue to refuse system of banking, that it is scarcely less than criminal to talk of a to do that which in your hearts you confess ought to be done merely ret.urn to a specie basis, so long as our supply of specie is so limited for the purpose of forcing upon us a measure which yon know would as at present. receive no support upon its own merits f Or will you not rather like President Grant in his message in 1873, speaking of the currency, honest men, as you are, come forward and 1·epeal this law and then uses this language: submit your plans and let them stand or fall by their merits or de- In view of the great actual contraction that has taken place in the currency, and merits as independent measures Y Give us a chance to have a square the comparati\"e contraction continuously I!Oinrr on, due to the increase of popula- vote upon the repeal of this law, and then do not complicate it with tion, increase of manufactories, ami all the inaustries, 1 do not beli~ve tlUJre is too any proposition for forcecl resumption of specie payment. You can- much uf it now for the dullest period of tl1e year. not bring about specie payments by acts of Congress before the busi- ness int.erests of the country are ready for it, and to my mind it is If Grant was right in using this language when we had over six utter madness to attempt it. All such attempts will be futile and huuclred millions of currency, what shall we think of the party which will end in the ba,nkruptcy and ruin of thousands of our most enter- proposes, notwithstanding consta,nt increase of population, to reduce prising business men, who are more or less involved and are now . our circulation to less than two hnnured millions! I do not 'vish to straining every nerve to keep up. On the other hand, whenever we be understood from what I have saiu as being opposed to a specie are in a condition to maintain specie payment, after we have resumed standard when that can be reached without bringing bankruptcy and it will take but little legislation to bring about the resumption, and ruin in its train. On the contrary, I would be glad to see the ng them. delphia, declaring tha~ new and good al1Il8 issued by the General A ca~ual survey of the condition of the people and Government of Government to the St..-,) and, measured by it, the burial ground at South Adams, Massachusetts, to the Committe~ the value of all ~m?s of property and the p~ICe of every description on Military Affairs. of labor ruled b1gh m amount. Confidence m the final redemption of ~y ~!r. H(/LMAN: Memor~al of P. R. Sa~er, of Madison County, the currency was then wanting, and this feeling of insecurity pro- Ilhnms, ~gamst the ~quand~nng of the pubhc lands, against a monop- duoed.a general desire to excha~ge it for prop~rty and thereby pre- oly of smd lands or m the tinances of the country, and against favor- serve Its value. Then, the passion for speculation and accumulation itism in legislation, to the Committee on Public Lands. of wealth, created during the war, was universal and irresistible. Our Also, ~be petition of. citizens of Jackson County, Indiana, for the people had become extravagant and reckless. This state of t.hings restoratiOn of the pensron of George Green, a soldier of the Mexican was soon followed by a practical reduction of the amount of legal- war, to the Committee on In valiu Pensions. tender notes, and so continued until the amount was reduced to less Also, the. petition of archi~ect~:~ of the city of Washington, District than four hundred millions. A general shrinkacre of the value of of Colurubm, that House b1ll No. 23~8 be amended so as to include property and a general reduction in the price of labor were experi- the public buildings of the District of Columbia in its provisions to enced throughout the entire country. Confidence in the ability and the Committee ou Public Buildings and Grounds. ' intention of the Government and people to discharge the national By Mr. ROBERTS: The petition of Margaret Kenah, widow of debt was established on a firm basis. To these great and rapid cbanO'es Patrick Km:~ab, Company D, First United States Artillery, for a pen- may be added the fa~t that since 1863, and durin~ this period, the sion, to the Committee on Invalid Pensions. currency has been gradually yet surely concentratmg at a few great By Mr. TOWNSEND, of Pennsylvania: RemonstraHce of Henry money centers, producing as a natural result a scarcity of money at Rowe, Geo~ge C. Rowe, :rbom~ Lindse~, Edmund Burke, and 160 other points, a shrinkage of values, the destruction of individual and ot.hers, a.gamst thereductwn of Import duties upon foreiO'n goods which mutual confidence, the hoarding of currency, and the prostration of enter into competition with t,heir respective manuf:ctures to the all kinds of business and occupations, resulting in a general outburst Committee of Ways and Means. ' from the people for relief. Incident to this state of distress may be · By Mr: WAITE: The _petition of William H. Lathnm, for an hon- mentioned the :fact that, since 1860, there has been a large increase orable discharge as an acting volunteer lieutenant in the Navy to the of national and State indebtedness over the increase of population. Committee on Naval Affairs. · ' The taxes of the United States, individual States, counties, and mu- The following petition was presented at the Clerk's desk under the nicipal corporations are fivefold what they were in 1860, while our rule without having indorsed thereon the name of any member of population bas not increased in proportion. These fa~ts, considered the House, and referred as stated: The petition of citizens of Web- m connection with the disastrous depreciation of property every- ster County, I~wa, that the United States Supreme Court be requested whe~e, show the real condition of the country in a strong ,but fai.t h- 1i? cause to. b.e Issued by the Fode~l .courts of Iowa a general injunc- fullight. Our people are overburdened with taxes; their earnings twn restrammg all persons from mmmg, or any other operation what- are absorbed and their- hopes and energies are paralyzed by them. ever, save and except the cultivation of the soil by the actual settlers Believing, at the time, that the condition of our industries was on all so-called Des Moines River land in Iowa, to the Committee on owing in part to the want of a sufficient and flexible circulat,i.I)g me- Public Lands. dium, early in the session I introduced a bill to repeal the tax of 10 per cent. on the issue of State banks and private bankers. I wa.s in- duced to believe if this were done we could retain in our several States a domestic or local currency that would supply onr necessities ·and afford us some relief. I felt and believed then that such a local HOUSE OF REPRESENTATIVES. circulation would have the same relative value and be controlled by WEDNESDAY, June 14, 1876. the same general financial laws that operate upon our national paper currency; that such currency would remain at home in circulation The House met at twelve o'clock m. Prayer by the Chaplain, Rev. among our people and would not be carried away; that it would be I. L. TOWNSEND. treated by the people of our sister-States just as our nat-ional cur- The Journal of·yesterday was read and approved. rency is treated by the people of foreign countries. I followed my 3788 CONGRESSIONAlJ RECORD-HOUSE. JUNE 14, bill into the committee-room of the Committee on Banking and Cur- own bills now, at a time of depreciation, is a decided advantage to rency, and while that committee of intelligent gentlemen dicl me the them; but it is another inducement to injure the business of thew hole honor of a patient hearing, they failed to be impre ed with the merits . country by an i11-timed contraction. of my scheme of relief, and my bill slumbers on the Speaker's table. It is said, and in high official circles too, that it is impracticable to Such, then, are 'he conditions and nece.ssities of our people and conn- re nme at once, for the best of reasons: we have no gold; and this trv, antl the ·q uestion naturally arises, what can and shall be done by seems to be true ; for on the 24th of February last the Secretary of Congress to secure relieff To stand still is to see the ship sink with- the Treasury, in answer to a resolution introduced in the Honse by out an eflort to save it. To furnish relief is to save the ship. De- Mr. SAYLER, said the amount of gold then in the Treasury subject to st-ruction will follow if nothing is done7 and it can only follow if we the redemption of legal-tender notes was 13,341,423.76; that tbe attempt and fail. whole amount on hand that day was 91,987,028.17; all of which WHS Wbile the a.bsence of currency is paralyzing the energies of our appropriateJ. to other and legitimate claims, except the above sum of people, it must be apparent that the amount of coin and currency is $1~,341,423.76; anrl as the Government is obliged to have from ninety either insufficient in volume or, if sufficient, it has ceased to ciJ:cnlate to one hundred millions of JZOld annually to meet interest demands, as a medium of exchange. · custom~:~ duties, now receivable in gold, cannot be accepted in lega.l- The Ortance of this question. It is the war They rallied, however, in 1844 upon the same issue, and upon the' power of the Government; without money armies in the field ca.nnot admission of Texas into the Union. While they did tha.t, I beg· be supported. It is the civil power of the Government; without money leave to call the attention of this honorable body, and particularly the machinery of our Government cannot be operated. It is the com· the democrats of this House, to the platform which was adopted by' mercia! power of t.be nation; without money our commerce cannot that party in 1840, 1844, 1848, 1852, and 1856, five consecutive na- be floated, and it is the most important power of all the interests of tional platforms adhering to the same declaration of princi pies. Here • the country; the grand lubricator of all its industries. it is. Your attention, if yon please, to the seventh and eighth articles This being so, I wish to beg the indulgence of the House while I of the democratic national platform: shall endeavor candidly to review something of the r~lations of this ~EMOCRA.TIC :PLATFORM OF 1840 AND 1856. subject toward the country, and particularly its relations to the demo- 7. That Congress has no power to charter a national bank; that we believe such cratic party. an institution one of deadly hostility to the best interests of the country, dan~er­ Mr. Chairman, in 1789 the Government of the United States had a ous to our republican institutions and the liberties of the people, and calculated to place the business of the country within t.he control of a concentrated mr.ney foreign debt of $53,000,000; it had a home debt of 22,000,000; mak- power, anrl above the laws and the will of the people; [aml that there ulli of.U sound and as little liable to fluctuations as any other comm.ercial. country. resolution proposing to substitute legal-tender notes for national-bank Mr. Henton used the following langua.ge in his Thirty-Years View: notes; by their vote on the Morgan substitute on the same day to wind up the n11.tional banks and to make legal-tenders receivable for He deprecated the spirit which seemed to have broken out ngainst State banks,· it was a spirit whlch argued badly for the rights of tlte States. Those bank!i were all taxes, customs, and other debts due to the United States, and by created by the States, and tho works of tho States ought to be rwpected. (Page 456.) their unanimous vote against the resumption act of January 14, 1875, Again he says : which proposed to supersede the legal-tender notes of the United States. . The spirit of hostility to the State banks was of recent origin, and seemed to keep You find that there is not one broken link in the democratic policy, pace with the spirit of attack on the political rights of the States. When the first F ederal bank was created in the year li91, it was not even mafle by its charter a and if we are asked where we stand at the present time we mnst plaro of deposit for the publio moneys. Mr. Jefferson preferred the Stute banks at place the democratic psu-ty on this old cardinal doctrine and principle, that time, and so declared himself in his cabinet opinion to President Washington. or it must prepare for a new departure, and into an unknown sea... (Page 456.) For my p'1rt, I propose to adhere to the old principle, to stand by the We find that up to that time the democratic pa.rty, adopting as its old policy, and to demonstrate that the democratic party ha.s been policy opposition to national banks, being either passive or in favor consistent in its majntenance of this old principle. of State banks, ur~ed the retirement of small State bank-notes by Now, it is just as well established thM. the democratic party as a refusing them for Federal revenues, by advocating t he introduction party has been the advocate of Treasury notes as that they have been of coin in the place of small notes, and the payment of Federal reve- opposed to the national-bank system. nnes in gold, silver, and Trea.snry notes. And if I can have the attention of this House, Mr. Chairman, I pro- Now, when we enter upon the ground afterthat timo tpere may be pose to demonstrate it as plainly as if written by a sunbeam on the some confusion in relation to the democratic policy, but still the road face of the heavens. can be traced, and I propose to follow it up and show from the rec- Who was the author of the Treasury-note system f Mr. Jefferson, ord the policy adopted by the democratic part.y. in his letter to Mr. Epps, stated it was practiced by Virginia in its In 1863, when it was proposed to charter the national banks, when colonial state ; that Virginia had issued notes bearing interest bot- the vote was taken in the Senate upon the proposition, there were tomed upon a tax. They were soon sequestered, dis~ppeared from but two democr11.ts for to twelve against it. In the House there circulation, went into the hands of ·guardians, executors, and others, were two democrats for and forty-two against it. When the supple- occupying a. fiduciary relation. Others were issued bearing no inter- mental bank bill of 1864 was"'n its passage there was in the Senate est, a,n d they circulated freely at par as long as they remained. I no democratic vote for and seven against; in the House not one have an extrll.ct from hjs letter which I propose to read to this House, democratic vote for and sixty-five against it. Among the democrats and to which I call attention as he proposed to apply the doctrine to who voted against it were Messrs. EDEN, HOLMAN, MORRISON, RAN- the nationn.l Government. Here it is. · DALL, and FER~ANDO WOOD. In volume 61 pages 139 and 140 of his Correspondence, letter to- Again, upon the subject of taxing the Government bonds and se- John W. Epps, June 24, 1813, he says: cnrities held by the banks in the different States of the United States, ~d ~o the nati?n ma~ con~ue to. issue its b.ill~ a.s far as its wants require and when that proposition was submitted upon Mr. Fenton's amendment, the limJ,ts of the mrcuL'ltion will admit. Those liiDJts are understood to extend with the democrats stood fifty-three for it and none against it. We :fincl us at present to $~00,000,000, a greater sum than would be necessary for any war. But this, the only resource which the Government could command with certainty, that while t.h e Government had about $2,500,000,000 funded in bonds, the States have unfortunately fooled away, nay, corruptly alienated to swindlers constituting a bank capital in part and retired for the purpose of and shavers under the color of private banks. Say, too as an additional evil, that sanctuary and shelter from ta,x ation, the democratic party as a party the disposal funds of individuals, to this great amount 1uave thus boon drawn from were opposed to such legislation as being in the interest of the money improvement and usefulentewrise, and employed in the useless, usurious, and de- moralizing pracUces of bank directors and their accomplices. power and against the interests of the ma.ny. In the war of 1755 our State availed itself of this fund by issuing a paper money But that is not all. On Mr. SHERMAN's Senate bill of July 7,1870, bottomed on a specific tax for its redemption, and, to insure its credit, bearin"' an being a proposition to increase the amount of national-bank-note cir- interest of 5 per cent. Within a very short time not a bill of this emission was t.o culation the democratic vote in the House was 4 for and 44 against be found in circulation. It was locked up in the chests of executors, guardians widows, farmers, &c. We then issued bills bottomed on a redeeming tax but it, showing that they were opposed to the increa.se of the circulation bearing no interest. These were readily received, and never depreciated a single of these incorporated institutions. So far as the previous legislation farthing. * * • H Treasury bills are emitted on a tax appropriated for their was concerned upon the subject, Mr. RANDALL in the House June 14, redemption in fifteen years, anii (to insure preference in the fu·st moments of com- 1870, offered a substitute for the Senate bill, which substitute pro- petition) bearing an mterest of 6 per cent., there is no one who would not t.a.ke them in preference to ba\}k paper now atloat, on a principle of patriotism a.s well posed to issue $300,000,000 of legal-tender notes to redeem the out- as inwrest; and they would be withdrawn from circulation into private hoartls to standing national-ba.nk notes and put them out of circulation. Upon a considerable amount. Their credit once established, others might be emitted, that proposition the democrat.ic vote of the Honse stood 42 ayes and bottomed also on a tax, but not bear in g interest; and if ever this credit faltered, open public loans, on whlch alone these bills should be received as specie. These, 5 noes. .Mr. Morgan, of Ohio, on the same day offered a substitute operating as a sinking fund, would reduce the quantity in circulation so as to maiu- to repeal the national-bank act and proposing to authorize the Secre- tain that in an equilibrium with specie. It is not easy to estimate the obstacles tary of the Treasury to have executed gold Treasury notes to the whloh, in the beginning, we should encounter in ousting the banks from their pos- amount of $400,000,000 to redeem the national-b!l.nk notes and for session of the circulation; but a. steady and judicious alternation of emissions and loans would reduce them in time. • * .. But, it will be asked, are we to have no other purposes, and that aU taxes, duties, a.nd imposts of every kind banks 1 Are merchants and others t.o be deprived of the resource of short accom- payable to the Government of the United States should be receivable modations, found so convenient¥ I answer, let us have banks. * ... • There is in gold, silver, or Treasury notes ~t the option of the person making not a bank of discount on the continent of Europe (or at least there was not one the payment; and upon the redemption of the public debt all out- while I was there) whlch offers anything but ca-sh in exchange for discounted bills. No one baa a natural right to the trade of a money-lender but he who has money to standing Treasury notes shall be redeemed at par in gold or silver in lend. Let those, then, among ns who have a moneyed capital, and who prefer em- a manner to be provided for by law. The democratic vote was 34 for ploying it in loans rath.er than otherwise, aet np bank, and give cash or national to !:J against it. Again, in U!70, January 17, Mr. .McNeeley moved to bills for the notes they discount. suspend tbe rules and put the following resolution on its passage: There is the tap-root of the Treasury-note system, advocated first Resolved, That the Committee on Banking and Currency be, and they are hereby, by the great apostle of democratic teachings, the forerunner, the instructed t.o report at an early day a bill providin~ for withdrawing from circula- head-light which has thrown its beams along down the path of pos- tion the nationnl-bll.nk currency, and for issuing mstead of snch currency Treas- terity and which may illumine the nation now and carry it out of the ury 1wtes, usually known as "greenbacks." wilderness in safety. This was afterward recommended by Van Bu- *Words in brackets added in 1848. ren, advocated by Calhonu, voted for by Benton, Buchanan, and . 1876. CONGRESSIONAL RECORD-HOUSE . 3793 other exponents of the democrn.tic party. Calhonn stated in his old coins of the country, but one that has received the approbation great speech in 1837 upon the subject of these Treasury notes : and, if you please, the love of our fathers when it used to clink music But whatever may be the amount that can be circulated, I hold it clear that, t.o to their ears. They wero in favor of gold and silver and against de- that amount, it would be as stable in value as gold and silver itself, provided the monetizing silver, as they had traveled together fTom the days of Gove-rnment be bound to receive it exclusively with tlwse metals in all its dues, and that Abraham down to the present time; but while they were in favor of it be left perfectly optional with those who have claims on the Government tore- them they were not exclusively in favor of them. This Government ceive it or not.-Appendiz to Oong1·essional Globe, first session Twenty-fifth Con- never could have been administered solely upon gold and silver. It haa gress, page 36, 1837. . always resorted to the issue of notes. The old continental money-the But these notes were not only voted for and advocated by those two hundred millions of it at the end of the revolutionary war-was great exponents of the democratic party, but the legislation of tbe only as the shell left in the nest after the eagle was hatched and had country put its seal on the great question and put it beyond any dis- flown, and the emblem bird continued its flight until ir; beat its wings pute as to what was our true policy. But in 1837, so soon after spe- against the gates of the setting sun. And those old warriors were cie circulation, why was it that bankruptcy spread broadcast all well paid in an unbounded domain, and with that liberty the herit- over the country T Simply because f he Governm,ent was without age which their children enjoy to-day. And if the democratic party revenue and the people without money. The Government attempted in the Saint Louis convention will unbare its arm and advocate that to ~npply it by pledging its credit, putting out Treasury notes to cir- doctrine, it will rescue the fortunes of the sinking nation. Let it culate as money, which, as decided by the Supreme Court of the unbare its arm and display the action of its larger muscle in spread- United States in 1819, were held to be legal tenders to the Govern- ing a shield over the head of the millions, in the interest of labor, ment of the United States. From that time down to the present, instead of getting upon its kllees and crawling recreant before the both in democratic and republican administrations, the Government golden gods set up to be worshiped in this country. has constantly adhered to the policy of Treasury notes. Well, now we stand and look out upon the future, and there are Now, to the record, to see whether lam right or wrong. The act of three meaaures of financial policy which we may adopt. Shall we Congress of HH4 authorized their issue and it was approved by Mad- adopt the State-banking system f Shall we adopt the national- ison. The act of October 12, 1837, authorized the issue of ten millions, banking system t Or shall we adopt the Treasury-note syt:~tem of making them receivable in payment of all duties, taxes, debts due to furnishing a paper currency to the United States T Some have advo- the United States. The act of ltlay 21, 1838, made them re-issuable. cated a. State-bank system. According to Madison andJeffersonaud The act of March 12, 1839, authorized the issue of the remainder of others, as they have generally been established in the Uniterl ~ates, the notes which had not been issued. The act of March 31, 1840, ex- they we~e placed upon an immoral basis, and no financiaL ~'~.'l~tem tended the time of issue t.wel ve months and made them re-issuable. could ever rest securely upon it; because we are told by Amasa The act of February 15, 1841, authorized the issue of five millions Walker, who investigated this matter, that the average issue of . additional. The act of January 31, 1842, authorized five millions to these State banks has been about 4t to 1, say 4 to 1 in coin. The be issued in place of others red~med. The act of April15, 1842, au- State bank-notes are neither the representatives of gold in the vaults thorized the re-issue of any that had been taken np. 'l'he act of July nor are they substitutes for gold in the vaults; because if there be 22, 1846, authorized the issue of ten millions additjonal. That was only one g~lu dollar for four of issue when yon have redeemed the during tue .Mexican war. The act of August 6, 1846, provides, (and one dollar, three remain without representation or substitution. As now the attention of every Representative in this House if I can get a matter of course that system founded upon a theory of that de- it,) provides- scription would be delusive in the end to the people; for when the That on the 1st day of January, 1847, and thr:reajter, all duties, ta.:xes, sales of financial gale begins, when there iB the least disturbance abroad, public lands, debts, and sums of money accruing or becoming due to the United the foundation of the system is shown to be upon sand, instead of the States. and also all sums due for postages, or otherwise, to the gene:ra.l Post-Office solid granite wl;lich should underlie it. It is not based upon national Department, shall be paid in gold and silver coin only, or in Treasury notes, issued credit, but upon the credit of a corporation. Hence, while no member under the authority of the United States. (9 United States Statutes at Large, page 6i.t of the democratic party will quarrel with any State that sees proper to adopt it as a system of its own, we would say that the theory aa So you find the democratic party so far aa that was cpncerned put practiced heretofore is, according to the views of the old statesmen the Treasury notes upon a par with gold and silver, and gave the and according to the test we have developed, an experiment which great legislative equation to ~old and silver and Treasury notes, aud has proved a failure, and we cannot recommend it. there it permitteu it to rema.m until disturbed by other legislation. Then will you adopt the national-bank system T It ha.q been a. The act of January 28~ 1847, authorized the issue of twenty-three dQctrine of the old democratic party to oppose all monopolies and millions additional, receivable in like manner for all taxes. all financial connections etween the Government and banking cor- The act of December 23, 1857, authorized the issue of $20,000,000 porations. At the very threshold yon find that these national banks additional, receivable in like manner. The act of March 3, 1859, au- are the monopolists of all the currency of the country. In respect thorized the issue and re-issue of notes, extended to July 1, 1:::!60. to these banks, the State governments crawl like Lazarus at the gate So we find that Treasury notes were issued by every democratic of the rich man, waiting for the crumbs to fall from their tables. administration; and after the inauguration of the civil war they were These corporations are nothing but sheer, unmitigated monopolies, issued by both parties as inuispensable to move the armies and float which have met the reprehension of the democracy in all times. the navies. And, as the language was used by the Supreme Court Not only so, but we find that the.y have certain privileges extenfled of the United States, there was not gold enough to have answered to them in the exemption from taxation of all stocks, bonds, and other the purposes of the Government for three months, and the nation securities of the United States hold by national banks in the States. from necess1ty had to coin its credit. So we find that they were not These are exempted from taxation according to the act of June 30, only used in time of war, but they were used in time of peace; twenty- 1864, chapter 172, section 1. three years of peace during these fiv(} successive democratic admin- But, in addition to that, they are founded upon a merely delusive istrations with tbe broad seal of the legislation of the country stamped and dangerous basis so far aa their deposits are concerned. They are upon them. And now let me make the inquiry here: When, since the required to keep only 25 per cent. reserve, lawful money, in redemp- foundation of the Government, was there a more safe, uniform cur- tion cities, 15 per cent. in other places~ making an average of about rency than from the time of the issuing of these Treasury notes dur- 20 per cent. According to the last report of the Comptroller of the ing tLose democratic administrations T Currency the deposits of these banks amounted to 675,358,346. Otily Mr. Chairman. what is the conclusion of this matter T In the lan- one-fiJth of this amount is secured by the charters, which would be guage of the act of August 6, 1846, the democratic party have been $135,071,669. Four-fifths are not secured, amounting to $f>40,2~3,677. for Federal currency, for gold and .silver, or Trea.surynotes issued un- Thus we find that, though the circulation may be secured by the der the authority of the United States. And here it stands to-day, as deposits of bonds, the actual deposits of the banks have no secu- I have shown, by every vote they have given. If we wish to find rity except about 20 per cent. of reserves which are held for that the landmarks of the democratic party, if the House will excuse the purpose. The remainder is based upon the c.redit Of the national sophomoric lan~uage of the school-boy, when we look out for it we banks or their stockholders; and the individna.l stockholders are will see it loommg up • bound only to the extent of their stock ; there is no individual lia- As some tall cliff, that lifts its awful form, bility beyond this. A Vanderbilt may hold one thousand dollars' Swells from the vale, and midway leaves the storm, worth of stock in a national bank, anu if it fails he escapes with the Though round its breast the rolling clouds are spread, payment of his thousand dollars. In addition to that, the 10 per cent. Eternal sunshine settles on its bead. tax excludes all competition in relation to this matter. There it stands to-day, the nncrumbling, imperishable monument, Let us test this matter further. '!'here have been forty national- fixing the wisdom of the legislation of the country. Not even tbe bank failures in the United States. Let the Comptroller of the Trea~­ rough blows and tornadoes of war and civil convulsion could disturb ury, who sits as a financial Neptune swaying the trident over the or unsettle the great democratic doctrine and teaching of the conn- financial sea, point to a single broken national bank that has ever try. Even while the waves rolled high in our civil commotion, tlillt paid its depcsits. There is no such case; and generally the deposit- same old doctrine was thrown out like the sheet-anchor of a man-of- ors have found poor comfort in raking among the detritus of a bank- war, and still i( will hold this nation in safety if it will only abiJe rupt court to get some partial satisfaction . by it and if tbe Saint Louis convention will be true to its teachings. . But that is not alL With all the frailties and imperfections of So we find the democratic party is not a rag-money party. It never thes~ banks, let us look into some of their other constit.ueuts. .Mr. has lifted its voice or voted against gold and silver. We can appeal Amasa. Walker, in· giving the somces of their interest, makes the fol- to the record. It never has proposed to demonetize silver, one of the lowing summary, which I apply to the figures as they exist at the IV-238 3794 CONGRESSIONAL RECORD-HOUSE . . JUNE llf, present time, as appears from .the report of the Comptroller of the Capitol; when the old hero Andrew Jackson stood up in his might, Currency for December, 1875: seized the veto power and wielded it as the warrior wields'his battle- The loans and discounts of the national banks were .............••..• 1980, 222, 951 ax, and it descended crushing through bone and brain, and the an- Overdrafts. . ...............•..................•......•.......•..... 4, 4GB, 484 tagonist sunk prostrate at his feet. United. States bonds to secure circulation...•.................••..... 370, 321, 700 Such were the allegations that were made against it then. But I United States bonds to secure deposits ..........•....•....•......... 14,097,200 United States bonds on band ...........•............................ 13,989,950 do not intend to let it rest even at that. Andrew J &ckson demon- Other stocks, mortgages, &c ..•.........• . ...........•........•..•.. :13, 505, 045 Rtrated a power and a determination in relation to one United States bank. What do you suppose the old hero would do now if turned Total drawing interest...... . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . 1, 416, 605, 330 loose among twenty-three hundred of those that have sprung np like Upon the other hand the actual capital of these banks at the same dragon's teeth apparently from the old rootf Would lie not go out time was- to battle like Samson with the jawbone of an ass among the Philis- Capital stock paid in....... . . . . . . . . . . . • . . . . . . . . . . • . . • . . • . . . . . . . . . . . • . f504, 829, 769 tines f But there are not only illustrations from the past; but to bring it ~~so~~~d.::::::: ·::.:::::::::::::::::::: :::::::: ·.::: : :::·:. -.::::: ~~~; ~; ~~ nearer home, and to make it more applicable to these banks thero- Total capital............................................. . . . . . 692, 150, 799 selveR, let me say that I have reliable information that in considera- tion of Mr. Chase having been the author of the national-bank sys- Deducting the latter amount from 'the former, we have $724,554,531 tem, they proposed to form a bank combination to run him for the a{:! the pure credit element of the currency; that is mere indebtedness Presiuency, or to secure his nomination. AU the presidents, all the of the banks but for which, although it was neither money nor cap- directors, all the clerks were to combine to manipulate the primary ital, they were receiving interest over and above all their actual cap- conventions for the purpose of securing his nomination. UaL . Mr. LAWRENCE. They did not succeed very well. Let me call attention to a very simple illustration of the operation Mr. BRIGHT. They did not succeed, but the will was there; the of t.hese national banks. They are drawing 6 per cent. interest semi- animus was there. annually in gold upon their bonds. Converting this semi-annual gold .Mr. LAWRENCE. How many delegates did they get 7 interest into legal-tenders makes an actual interest of about 7t per . Mr. B_RIGH';I'. No matter for t.hat. I will give you something else cent. The Comptroller of the Currency states that, after the pay- m relatiOn to It. ment of all expenses, taxes and otherwise, the dividends of the!!e in- :Mr. LAWRENCE. Very we11. stitutions are lOt per cent. Add to this 7t per cent., and it ¥lakes 18 Mr. BRIGHT. I have it from reliable information that there was per cent. interest which the stockholders of these banks are drawing a bank agreement or conspiracy that eachoone of t.he banks should be upon credit aod upon capital. put under contribution to furnish one dollar out of every thousand Mr. LAWRENCE. The dividends include the interest received on dollars of their circulation for the purpose of influencing legislation Government bonus. in their behalf. Does the gentleman deny that T Mr. BRIGHT. Assuming, then, that I am mistaken and that the in- Mr. LAWRENCE. I would like the gentleman to furnish the proof. terest of the bonds is included in the lOt per cent. dividend as reported Mr. BRIGHT. H you call for the proof it can be had. by the Comptroller of the Currency, excluding the surplus fund on Mr. LAWRENCE. I would like to see it. which no dividend is declared, such a statement will still illustrate Mr. l:miGHT. I do not care to give the names unless it becomes the point which I have in view. necessary. But I have it here indorsed with the authorjty of are- But to the illustration. The national banks declare a dividend of spectable gentleman from New York, aud indorsed by a member of lOt per cent., and from a computa.t.ion in regard to all the other in- Congress in this Honse who was a bank officer, a barik presiuent, and dustries in tbe country it appears that they produce-and I wish this knows the facts. And if it is necessary his letter shall be published, and important fact to be understood and to go to the country-that all made evidence of the fact which I stated. And if you wish, other other industries of the country produce only about 4 per cent. interest evidence shall be produced. or less on the amount of capital invested, leaving 6t per cent. advan- Mr. TOWNSEND, of New York, (in his seat.) Is that a subject for tage so far as the national banks are concerned, and it is only a ques- another investigation f · tion of time when the banks shall eat up the other industries of the Mr. BRIGHT. The letter is called for; here is the letter: country. 214 D STREETN. W., W ASHINGTO:li, D. C., June 1, 1876. And not only that. I am not done with them yet. The dan~er of these institutionM, with the rapidity and concert of their action, is from DEAR Sm: I was told some months since by Dr. EGBERT, member of Congress the twenty-seventh district, Pennsylvania, that when he was president of a that they are in a situation to enter into coJDmercial conspiracies by national bank, I think in Mercer, Pennsylvania, that they were assessed $1 upon the contraction and expansion of their currency and the manipula- each thousand dollars of their circulation as a fund to secure legislation in their tion, if yon choose, of your Agricultural Department statistics so interests; and be said he supposed this was general throughout the country. This would give an annual fund of about $350,000, and yourself can compute its corrupt- that they can absolutely control the price of productions in this coun- ing inftuence as well as any on{'. Dr. EGBERT was six years at the head of a na- try. Yes, sir, and they will do it if they are left free and unrebnked tional bank. in this country. Yours, very truly, When your crops are ready for the market, when the bard-handed EGBERT HASARD. HoN. J. M . BRIGHT, M. C., Washington, D .. 0. agriculturist, who has borne the bnmt an·d the heat of the day, who When Dr. E. returns I will introduce him to you, and he will repeat it. has sweltered beneath the sun to produce his crops, has wrung them from the earth by his rugged toil, wby, sir, you find a set of manipu- That letter was submitted to Mr. EGBERT, who sits near me here, lators 1eady who can contract the currency and thereby keep out the and was approved by him, and he is ready to-day, so far as he is con- produce from market and purchase at their own terms. And when cerned, to testify, and there is other testimony on the subject. once they have secured this, then they can expand again and they .Mr. HARDENBERGH. The gentleman will allow me to say that I can throw it into the power of any pets or favorites to reap a large have been cashier of a national bank for twenty years and the sub- profit out of the labor of the man who has furnished the capitalist ject of politics has never been mentioned·in it, and not only that, but with the subject of his speculation. let me say that there are thirteen directors, twelve of whom are repub- Aud that is not all. They cannot only perpetrate commercial con- licans and one a democrat, and no man has ever mentioned a word of spiracies, but they can embark in political conspiracies; and there is politics in connection with that bank. the dangerous element to the liberties of this country. Whenever Mr. LAWRENCE. I will ask if the gentleman has ever been called this Government denudes itself of its power, abandons the control of upon to make any contribution for political purposes T its money, which is the highest act of sovereignty, to these corpora- Mr. HARDENBERGH. Neve1·, sir. tions, it bas put itself and all the people in the hands and in the Mr. TOWNSEND, of New York. If any member of this House bas power of these corporations. I am not speaking without warrant. I been giving money to influence legislation here he ought to be inves- uo not propose to guess and blunder along through these statistical tigated. [Laughter.] facts to do these corporations an injury. Not at all. I propose to Mr. B~IGHT. I have no objection to such an investigation and speak within the record; to have at my back the verification of facts to my friend from New York being appointed chairman of the com- to support the assertions I make. mittee to investigate. First, as far as the question of inclination is concerned and the in- :Mr. TOWNSEND, of New York. Ah, they do not appoint chairmen terference of these institutions wit.h the legislation of the country. from this side of the House. Speaking of the political influence of banks, .Mr. Madison, in a let- Mr. BRIGHT. I tell you, furtberm~;>re, that I think a highly penal ·ter to Thomas Jefferson, April23, 1796, wrote as follows, in relation act ought to be passed imposing a penalty for any bank director or tp the ratification of a treaty: officer implicated in charges of this sort. I make no imputatiou upon The banks have been powerfully felt in the progress of the petitions in the cities my friend from New Jersey [Mr. HARDENBERGH] or upon any bank for the treaty. Scarce a merchant or a trader but what depends on discounts, and officer here; but the facts I have stattld are verified by authority, at this moment there is a general pinch for money. Under such circumstances a. and I therefore make the statement, and it is credible. If these bank director soliciting subscriptiollS is like a highwayman with a. pistol demand- coi·porations are permitted to come here to influe~e the legislation ing the purse. of the country, I think it is time that a check and 1'6bnke should be Not only so, but I might ·refer to the action as charged upon the given to them. I proclaim here that they are the enemies of human bank power by General Jackson, Mr. Benton, and others; what it liberty and the constitutional rights of the people, the invaders of did in olden time; how it was charged that it- subsidized the press, the legislation of the country. Their relation to the people is a corrupted the ballot-box, throttled the State banks, fought its way financial one. That relation is a pecuniary one; it is one for the through both Houses of Congress, and thundered at the doors of the purpose of traffic; it is one for the purpose of making the people 1876. CONGRESSIONAL RECORD-HOUSE. 3795 bleed money. There is nothing in harmony between them and the tuations as compared with gold and silver. Othello's occupation will industries of the country, except as they can make profit out of them. be gone. Bu.t at the same time, while I make these remarks in relation t-o [Here the hammer fell.] these corporations, it is in no unfriendly spirit toward any member or Mr. RIDDLE. I ask unanimous consent that the gentleman from any corporator that may have interest in them. They are lawful in- Tennessee be permitted to finish his remarks. stitutions. Every citizen of the United Stutes has a right to embat·k The CHAIRMAl.'f. The Chair hears no objection, and the gentle- in them if he sees proper to do so. I would not have these banks man will proceed. wound up summarily, but let them go into liquidation gradually, for Mr. BRIGHT. I am much obliged for the courtesy of the House. the safety of the people and the prosperity of the industrial interests As gentlumen are aware, I have not tronbled the House before this of the country. The people are owing them $1,000,000,000, and if you session, and I do not know that I shall do so again. I therefore beg were to force them into settlement immediately it woul<.l bankrupt indulgence while I finish my remarks. I promise to make them as the whole country, and for that reason, although the evil is there, I brief as possible. would let it grow like tares among the wheat until the time to put in L(lt me pursue the question a little further; let me present another the sickle for the harvest, without doing injury to any one. aspect of this case, and show the country one of the reasons of the Now, Mr. Chairman, I conceive that these national banks are part war that is made upon the currency of the national faith. · Though of a system which ought not to be tolerated at all; aud I come to there is a clamorfor the payment of all the bonds of the United States another proposition, and t.hat is to the consideration of the Treasury in gold under the act of 1~69, I wish to call the attention of Repre- note. I maintain, sir, first, that it is the cheapest, that it is the safest, sentatives to one featlll'e of that law, and it is this: that the faith that, it is the more democratic currency. These legal-tender notes of t.he Government is pledged to the payment of these bonds in "coin cost one-fourth of 1 per cent. in their manufactnre; they bear no in- or its equivalent." Now at the time that law was under discussion terest. I have told you what the interest is on the national-bank it was never contemplated that, should the greenback currency of notes. This Treasury note is safe as the GoTernment itseJf. All the the United States ever come to par with gold and silver, it should not taxing powers of the Government are pledged for its payment; all be used in the solution of the bonded debt. Do you understand itT the mountains of gold and silver, all the cattle on a thousand hills, Do you see why it is that they wish to get clear of the legal-tender all the national funds are pledged for the security of this note. Now notes of the United Statesf Do you see why it is that they wish to there is no better security. The security of the national banks is not supersede these notes as rapidly as possible T For when you make to be brought into competition for one moment with it. It bas been them by law receivable as ~old and silver, they will rise to the value indorsed by the Government, iridorsed by the democratic party, in- of gold and silver; they will be 'the equivalent of gold and silver, dorsed by the people. The people are sa.tisfied with it, and no petitions and your bonds will be solvable in legal-tenders without deprecia- come from the masses asking you to supersede it. Have any such tion. But the policy has been to put it out of the power of t4e Gov- petitions come f Never! never! never! ernment to pay off this indebtedness in its own money according to Now, Mr. Chairman, there are some remarkable facts connected contract. It bas been the policy to wind cord after cord of legisla- with the Treasnry-note system of the United States. It can be well tion around the people, until you have bound them hand and foot, verified that during the Mexican war, when gold and silver were taken and abandoned them a prey to the heartless exactions of a pampered out into the heart of Mexico for the purpose of paying our soldiers, avarice. we had $10,1)00,000 of Treasury notes, which were sent along with Suppose that Treasury notes should come to a pal' with gold and "the gold and silver; and how did the matter stand between the Treas- silver; suppose that your bonds should be solved in legal-tender, pry notes and gold T Would you believe it f The Treasury note was being the equal of gold and silver, and what would be the condition worth 6 per cent. more than American gold in the heart of that coon- of the country then T There would be a solution, there would be an try, because tl1ey di(l not wish to be encumbered with the gold. outlet; there you co~d find elasticity. If you should havetoomany The faith of the Government was sufficient. Even British merchants legal-tenders, the taxmg powers of this Government could absorb would sell gold to purchase United States notes; would take these them; they could l)e carried to your destruction account, leavingjust notes to Liverpool or London and there pay debts to the United enough for the wants of the people and without detriment to any- States or its citizens for productions of this country, and were well body. satisfied with their bargain. In addition to this, Ub.e banks of the country can bank upon them From 1837 to _181:>1 Treasury notes were at a pa,r with gold. There as well as upon any other capital, and with far greater safety to the waS(lO depreciation of them at all, and they remained without de- people than the present national-bank circulation. premation until the Government Itself saw proper to set its seal of But, 1\Ir. Chairman, we are told that it is unsafe to intrust Con(J'ress condemnation upon them, t.o shake its head and tell the holders of with the power of issuing Treasury notes, and it is gravely argued these notes that it would not receive them in payment of interest upon here in this House by gentlemen who would aspire to fill the White public bonds or in payment of customs dut~es. This was the time House that Congress is not to be intrusted with this power. Whyf when your Treasury notes first received their depreciating influence, Because it is supposed that here is a wild, corruptible, and infiamma- wbich has continued to this day. ble body of legislators, who are not to be intrusted with the financial At the time the Government was fixing this depreciation upon its affairs of the nation, which is one of the highest acts of sovereignty. notf'-a Thaddeus Stevens declared in this Hall that the Government was Why did you not make the same objection to their being intrusted depreciating its own currency, turning its back upon its own credit.; with the taxing powers of the Government; the war-making power and he condAmned the measure with reprehension such as perhaps the of the Government ; the administrative powers of the Government ; · Government deserved at that time. It surely does not lie in the mouth the legislative exposition of the Constitution of the United States T of the Government, it certainly does not lie in the mouth of any ad- Why did you permit all these things, and still complain tha.t Con- vocate of tlie Treasury note issued during the recent war, to say that gress is presumed to be a licentious body and is not to be intrusted there is a discount upon this note as compared with gold. The fault wit h this power! Was there ever a more impudent proposition T lies at the door of the Government itself; it is not the fault of the And what would you do with a great power which contains such dan- currency. ger to the people of this country that a great and enlightened body . What did G~nera~ Grant say up.on tb~s subject T and I suppose be of representatives of the people are not to be intrusted with itT JS good authonty with our republican fnends. In 1873 he said: "It What would you do with itT Why, you would tear it away from is the best ever devised." It is based on the nation's faith and the the Government of the United States, to do what with it f Lug it n~tion's we.alth. When .I have a legal tender .in my po?ke~, if you along U?d lay it down to. irresponsible corporations and aband?n the II Will make tt an unqualified legal tender, I will regard 1t as a title- whole field to them, leavmg the Government and the people Without deed to all the labor ?f the country, to all the mines in the conn try, a currency at a~l, ~xcept as administered. b! these corporn;tio~s. Ridic- and to all the lands rn the country to the extent of the dollar itself. ulous T Why, It·-Is the acme of t.he rtdlculous to mamtam such a That is the meaning of it. I proposition. Just hear what :Mr. Benton said on that subject in his But we are told that the greenback is a piece of paper, that it is Thirty Years' View, volume 1, page 450. He saill: "rag m·oney." So are your bonds "rag money." The American Con- The Government ought. not to delegate this power if it could. It was too !ITeat stitution is on paper; the title-deed to -your land is O!l paper. But a po~er to be trusted to any. bankin_g company whatevur, or to a.n y authority ~ut all these are symbols which represent something that you can rep the highest and mos~ responsible whJc~ was known t? our form of government. • . . . . · . . ose The Government Itself ceases to be mdependent; 1t ceases to be safe when the upon ; and there 18 not an American Citizen to-day who IS afraid to national cUITency is at ~e will of a company. The Government can undertake no lean upon the strong arm of his Government, for it will not waver grtat enterprise, neither of war nor peace, witliont the consent-and eo-operahon of beneath him in its currency, particularly in making good every one that comJ?any; it cannot conn~ itsr~vunu~sfor.six mo~t~ ahead without referrin; of its Treasury notes. t? the action of thatcompany-1ts frie;»dshipo~ 1ts ennnty Its concurrence or oppo81• . . . . . tion-to ~ee ~ow far that l. Jmpany Wlll permit money to be scarce or to be plenty; Why, Slr, flurmg the "!ar of 1812-1814, m the Mex1ca.n war, and mall bovo: far.•t ~lllet ~emoney syst~m go on regularly or throw it into disorder ; how the wars we have bad smce, the Treasury note has been the champion far 1t w.1ll smt tho mterests or P:>hcy of that company to create a tempest or suffer of the prowess of the nation. Your gold has fled from the country a calm m the moneyed oc~. ;rhe people are not safe ~hen snch a company has ancl burrowed in the ground The green back representing the such a powe~. The temptation Is too great, the oppo;tumty too easy, to pu~ up and . , . •. ' . na- put down pnces; to makeand break fortunes; to brmg t.hewholecommun1tvupon tiOn S faith, has gone forth W1th our Army and Navy to victory. 1ts knees to the Neptunes who preside over the flu."" and reflux of paper. Alt prop- ! have stated that the Government has depreciated the Treasury erty is at. thei: memy. The .Price of. real estate, of every growra~ crop, of .every note. It only remains for the Government to re-enact the law of 1e4o staple articl~ m the market., Is. at therr commann .. S~ks are. their playthmg-s- k. rr th f th G t 11 t bl · . ' t.herr gambling theater, on whiCh they garuble d:uly mth as little secrecy and as rna mo e revenues 0 . e. overnmefl: co ec -~ em gold and Silver little morality, and far more mischief to fortunes, than common gamulers carry on or Treasury notes, aud tt Will come t.o 1ts equatiOn. Such a measure their operations. wil~ falllik~ a bursting bomb into Wall ~treet, an_d will blo": up all Now, Mr. Chairman, let that group of appalling objections to such therr gamblmg-shops, and the currency will be relieved from :t.ts fine- transfer of powers strike and startle not only tbisuouy, but the Amer- ··. . . . • 3796 CONGRESSIONAL RECORD-HOUSE. JuNE 14, ican nation, with the vast snrrender of powers they have made to Comptroller's report, 1875, pages 10 and 11. Collected un- those corpora;.ions. Would that my voice could ring trumpet-tongued der law of 1874 from excess of circulation . .... ...•.• . .... $25, 000, 000 Comptroller's ~port, 1875, page 102. To redeem surrender throughout this nation. I would arouse the people from their night- circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . • 5, 376, 183 mare slumber to a sense of their endangered liberties and indu1:1tries. Comptroller's report, 1875, page 103. To redeem broken One other idea. I call upon this House to bear witness to the fact banks in bands of receiver...................... . . .. . . . . 1, 478, 341 that during the various issues of the Treasury notes of the United Comptroller's report, 1875, page 111. Held by national banks to secure deposits ...... . ......................... 148,500,000 States where is the man who has lost a single dollar by virtue of the In Treasu.·y to pay current expenses ...... . . . . . . . . . . . • • . . 11, 000, 000 issuance of one of thoRe notes f Another picture. We have had nine Comptroller's report, 1875, pape 40. Estimated amount bank panics in the United States, and it can be verified by the best held in State banks, savings-oanks, and trust companies, authority that it has cost the people a thousand millions of dollars to 10 per cent. on deposits amounting to over $1,100,000, 000. 110, 000, 000 Amount in redemption banks which can only be loaned on get through with each one of these bank panics, beingalossof 9,000,- call . . . . . . . • • • . . . • . . . • • . • • . . . . . • ... . . . . . • • . • • . . . . . . • . . • • . 158, 926, 597 000,000 the people have suffered at thehandsof the banks, while not one dollar bas been lost because of Treasury notes. Who is afraid 496, 281, 121 $532,166,240 of the comparison f Where is the danger f Who would mislead the 230,038,242 peoplef · What did President Grant say on the subject in his Cowdrey letter, It thus appears that the amount in actual circulation is only $2:30,- Ontober 6, 1873 f 000,000. And for what purposef I will repeat a. summary which I No one now distrust-s the value of his paper dollar; "n the contrary, it is seized had occasion to produce in a. speech addressed to the House on the and boarded with the same avidity now that the gold dollar bas been in former 28th of March, 187 4 : like adversities. To spread over illimitable territory; to distribute among forty-five millions of Who distrusts these Treasury note13 f Who is it f Where is the people; to furnish money for the salable part of $40,000,000,000 of property; to pay national. State, county, city, corporation, and individual indebtedness amount- skeptic f With his shriveled lips of scorn crying out rag money to mg to $10,000,000,000; to pay-for the marketable part of $10 000,000,000 of annual the democratic party, when he is advocating and pandering to the only -productions; to pay annual taxation, United States, State, connty, and· town, rag-money institutions in this country, the rag cnrrency, not money, 1611,000,000; to pay annual interest ou the public ami private debt, 300,000,000; in this country-the national banks. Are they money f No; they are to pay for the annual construction and operation of railroads, $1,000,100,000; to pay for annual imports into the United States, $642,000,000; to pay for the &npport of not. Have they the nation's stamp upon them any further than to schools, colle~es, churches, book concerns, newApapers: for building houses and secure the redemption of the circulating notes and to receive them towns, founding new St&tes, and to _pay for the personal expenses of the millions for certain revenues Y No; they are not money in any of its essen- who move every day upou the railroads and public thorough! ares, ~0,000, 000 more. tial features, except that they are received by the people through the And still we hear the cry of contraction, contraction l Contrac- operat'on of the forces of Government. In that way they become tion is the relief of all our woes; while upon the other hand, your quasi money, and only in that way. country, your population is in expansion, your productions in ex- But I have not dane with this subject quite yet. Bear with me a pansion, and your wants in expansion, and moving with race-horse little, Representatives, if you please, as I propose now to call the at- speed in the opposite direction, while you would compress and bind tention of the House to some facts which I think ought to go before and cripple every expanding industry in the country. An absurd the country. We find we had some financiers who imagined that the proposition, to say the most and the best for it, with dne respect to gold basis was to be reached through the contraction of the currency those who advocate the doctrine. of the country. As evidence that we have not enough money, let any inuividual On the 31st of .A.ugnst, 1865, the public debt reached its high~st cast hiR eye across the country. Why do you see your commerce lan- point, as appears from finance report, 1867, pages 3 and 4, the most guishing f Why do you see your commerce now blnshmg before the of which was used as a currency. The following issues were so used: commerce of other countries f Why do you look upon your mute mills $107, 148, 713 and manufacturing establishments f Why does the nation bow its 6:~ra:t?s ~l~ci~b~~::::::::::::::::::::::::::::::::::::::::: 85, 093,000 ear in vain to hear the dull thunder of its looms and the rumbling of Five per cent. legal-tender notes ................................... . 33, 954, 230 its machinery f Why does the nation look upon so many laborers and Coin interest legal-tender notes .................................... . 217, 024, ltiO operatives who have been expelled from the fields and shops and Seven-thirty notes . ... . ..... . ..................................... .. e30, 000, 000 United States notes, legal-tenders ...•.•.•.•••.•••••.•• ~ .•••••.•••.•. 433, 160, 000 mills, and wandering as vagrants through the couutry and through Fractional currency . ............................................. .. 26,344,742 yonr streets, and with their children clamoring for bread and clothed Casb in 1.'reasury . ........ ~ ........................................ . 88,218,055 in rags and tatters T Why is it that you see yonr lands depreciated in Total United States currency ....•••..•.••••.••.••••• ·-··· ••.. 1, 820, 92~,200 their value, a.nd your productions reduced in a corresponding ratio' National bank . ...... . .............................................. 131,452,000 Why so many. houses sold to meet the taxes of the state f 'Vhy are State bank-notes.................................................... 240, 000,000 all these things f And why is there a clamor rising from the mouths of the millions, deep-toned, admonishing the country that there is Total circulation 31st of August, 1865 .•••••.••..•••••...•.•.•...••.. 2, 192, 395, 627 Add confederate treasury notes ...... . • • • • • . • . • • • . • • • • • . • • . . • . • . • . . . 450, 000, OUO something financially, criminally wrong in the administration of the monetary affairs of this country T 2, 642, 395, 6.27 Representa.tives, you have only heard the crepitation of the volcano; Confederate notes perished : soon you will hear the explosion of the crater unless there is relief. Amount of currency, November 1, 1875...... . . . • • • •• • • • • • • • • • • . • • • • • . 762, 204, 483 And it is wise to give that relief before the lava is thrown high and Contraction apparent ................................................ 1, 430,191,144 far over hill and plain in scorching, consuming fires upon the authors of the people's wrongs. By act of June 3,1864, Revised Statutes, section 3476, it is pro- Tell me that ·contraetioa is the remedy ! .A.y, sir, this Goverument vided that: owes its people relief and protection against bankruptcy a.nd ruin as 'I"reasury notes bearing·interest may be paid to any credit.or of the United States much as to defend them from personal violence. And if any man at their face value, excluding interest, or to any creditor willing to :recc.ive them at stands in the way of it, whether he thinks he is innocent or not, the par, including interest. people will visit a terrible retribution upon him or the p3trty that Mr. McCulloch said : dares to withhold justice and their due demands from them. A very large portion of which were in circulation as currency * * * of which No, Mr. Chairman, it is unavailing to point us to New York and $604,138,949 were a legal tender, to wit, United States notes, $133,160,569; 5 per cent. noted, $33,954,230; compound-interest notes, 217,024.160. tell us that they have an abuntiance there. No, sir; it is only the apoplexy in the head while there is pining atrophy in tbe limbs. But the following table will show the true condition of the Treas- The blood is all in coagulum in the veins. Financial death has ury at this time : · seized upon the country and relief must be had. Give the people Estimate of currency oornpiled from reports of tlte Compt1·oller of the Cur- their own money, the nation's money, the nation's faith, the nation's rency, 1~5, page 47, ~c., bg J1tdge Martin and amended bg 'myself. blood; and let it circulate and you will soon see the ·blood going to Amount of currency N ovem bar 1, 1875: the extremities and returning to the heart, and its quick and hound- Fractional currency . .................................................. $40, 681 629 ing pulsations, with the ruddy glow of health upon the nation's Oltl demand notes . . • • • . • • • •• . • • • • • . . . • • • . .. . • • . • • • • • • • . . • • . • • • • . . • . . . 69, 707 cheek, will admonish us that a.ll is well a.nd the people prosperous National-bank notes ................................................... 348,216, 90'2 and happy. Legal-tender notes ................................. . ................... 373,236,244 But there is another idea to which I wish to call the attention of Aggregate ...................................................... 762, 204, 4!:!'2 the House. It is this: That if you wish a contented and prosperous Reduction of currency in 1875: and happy people you must give them currency enough or facility to Fractional currency. • • • .. . • . . • • .. . • •• • • •• • • • • . • . • • • • • . • • . . 16, 704, 069 obtain it; you must let the taxing powers of the Government rest Old demand notes . . • .. . • . . • • • • • . • • . • . . • • • . • • • • • . • . . • • . • • .• 5, 707 easily, lightly, and equally upon them, so that they will bear the bur- Legal-tenders.............................................. 8, 763,756 dens of the Government like heaven's atmosphere all expanded over National-bank notes . ...................................... 3, 710,264 ]'m'ther reduction of le~al-tender notes up to May 31, 1876, them, without bearing harder upon one than upon another. As Mr. as per Comptroller's statement . ......................... 3, 112,576 Hamilton said : National-bank notes to same date.......................... 13,588,746 The ability of a country to pay taxes must always be proportioned in a greal de- gree to the quantitlJ of m.cr~ tn circulat«m and to the celerity with which it circulates. 35, 885, 119" There is another fact to which I wish to call the attention of the The following currency is taken out of circulation: House. You may talk a great deal about the balance of trade be- Comptrollel"s report, 1875, page 36. Legal-tenders held to tween this country a.nd foreign countries. I have a statistical table redeem national-bank notes . . • . . • • . . • . . . . . . . . . . . . . . . . • . 16, 000, 000 Comptroller's report, 1875, page 33. Legal-tenders held to here elaborately prepared by Mr. Grosvenor in his excellent work. redeem mutilated notes,. • • . . • . . .. . • . .. . . • • • • • • . .. • • • . • • • 20, 000, 000 Dpes Protection Protectt It is as follows: . .. -· 1876. CONGRESSIDNAL RECORD-HOUSE. 3797 Movement of cur-rency and intports C011tpared. sad result is that before twelve mont.hs shall roll around, although my own State of Tennessee is as prosperous as any Southern State, Per capita. 10,000 individuals in that State will have t.he shelter sold from over their beads to pay the interest upon these bonds. Now, sir, this condition of affairs has been superinduced in part by lJ Year. Currency. Importa. legislation. I say it not with a view of recrimination, but simply to recount a blunder. Here was a cotton tax levied of $70,000,000. The people found that ·they could not pay th~ interest on the debt and engage in this product)on and support themselves, and ti:J.e conse- quence was that they were driven from the cotton-fields and the rice 1829 .••••• •·•••••••••• .••••••••••••••••••. $95,700,000 ~1. 834,049 $1 70 $4 61 and sugar plantations to raise breadstuffs for their own support. 1830 ..••.•.•••••.•••••.•••.•.• ·-······ · ··· 93,000,000 56,489,441 7 20 4 31 Now, listen to another important fact, you men of the West, you 1831.. •••• . .••.•.•••••.•••••..•.•.......•. 111, ooo, ooo V83, 157, s98 880 625 Representatives of the West-listen to another important fact iu con- 1832 . •• . •• .•••••• ••••..••• ••••••..••.. .• . • 112, 01)(), oool 'lt), 989, 793 8 20 5 til 1833................. .• • • . • • . . . . • • . • . . . . • . 119, OOQ/000 88, 295, 576 8 50 6 25 nection with this matter; in 1859-'60 this section of the country to 1834...... .••• •• . ..• •• .•••••..... •.•••... . 139,000.000 103, 208,521 960 709 which I have alluded produced 4,861,291 bales of cotton. In 187:2 it 11:l35 ..•••• ·•·••• .••••• ••··•· ··•••• .•...... 183,000, 000 129,391,241 12 40 8 64 produced 3,930,508 bales of cotton. Why this falling offY Prior to 1836...................................... 205, 000, 000 168, 233, 675 13 30 10 93 1837. • . . . • • • • • . . • • • • . • . . • . . . . . • • . • . • . • . • . . 222, 000, 000 119, 134, 255 1400 7~ that time there had been a regular progression in proportwn to the 11:138 ..••••.•.•••••.••• ···•·• ••••••........ 203,000,000 101.264,609 12 50 6 23 population and area of country, and if that progression had. been kept 1839....... •• • •• . • • . . • . • . • • • . • . • . • • • • . • • • • 222, 000, 000 144, 597, 607 13 40 8 68 up there should have~ been 7,000,000 bales of cotton produced last 1840 .••.••..••••.•••••.•••..•.•.....••.... 190,000,000 88,951,207 11 20 5 21 year, and with wise legislation there would have been that produc- 1841...... . ••• • • . • • • • • . • . • . • . . • . . . . . • . . . . 187, 000, 000 112, 477, 096 10 70 6 38 1842........ .•• . •• . • . • •• . ••• • • . •• . •• .•• • . . 143,700,000 . 88, 440,549 800 487 tion, and that product would have brought into the country gold 1843. .. • •. .. . • . • . . . • . . • .. • . • • . . •. • •• . .. • • . 128,500,000 58,201, 10!:! 6 90 4 15 from foreign markets, which would have been sent to the West in ex- 1844. .. . •• • . . • .. . • • . . • . . . •. . • • . •.. •• . . . . • . 175,000,000 96,950, 168 9 10 5 03 change for the products of its grain-fields. I give here a table-show- 1645 ...••••••••••••••• •••••• .•••.......... 1 6, 000,000 101,907,734 9 40 5 15 ing the production of cotton in the United States from the year 1d40 1846. ••• •• . • . . . • • . . . . • •• • ••• •• .•. • •• . . . • .. !!02, 500,000 110,354,174 9 90 5 42 1847.......... • •...•..••.•••• ~-.......... 225, 500, 000 138, 534, 480 10 70 6 60 until the year 1873: 1848. . • • . . • • • • . • • . • . • • • . • • • . • • . • • • • • • . . • • . 240, 000, 000 133, 870, 918 11 10 6 25 1849 .•...•.•••..••.•...••...••.• ···••• .... 23-1,700,000 13 4. 86 4. 37 • 1843-'44. •••.•. ..... .. 2, 030, 409 346,750 1, 629,500 412 7. 73 4. 71 the quantity of money is the purchasing power of the people, an~ the 11:144-'45 . ...... ....... 2, 394, 503 389, 000 2, 083, 700 415 5. 63 3. 9-2 consuming capacity will be limited by the purchasing power. Hence, 1845-'46........... 2, 100, 537 422, 600 1, 666, 700 411 7. 87 4. 80 you find that we have had a contraction within the last twelve 1846-'47.............. 1, 778,654 428, 000 1, 241,200 431 11.21 6. 0:1 1847-'48.. .• . • . • . . . . . . 2, 439,786 616,044 1, 858,000 417 8. 03 3.93 months of thirty-odd millions of dollarsa.sshown here. More than that 1848-'·1 9........ .•. . . . 2, 866, 93a 642,485 2, 27 770, 739 2, 9:>4, 606 420 10.30 6. 2.2 1856-'57 . . . . . . . . . . . . . . 3, 093, 737 819, 936 2, 2.i2, fij7 4-14 13.51 7. 73 as are subject to taxation, you have to increa-se the burden of taxa- 18:>7-'58 . • . . . . . . • • . . . . 3, 257, 339 595, 562 2, 590, 455 44.l 12 :.!3 6. 91 tion upon something else, and with a diminished currency you have 1858-'59........ ... . . . 4, 018,914 927, 651 3, 021.403 447 12. oa 6.·6A an oppressed and clamoring and a distressed people, o. people on the 1R59-'60 .••..... ... .. . 4, 861, 2!!2 97!:1, 043~ 3, 774,173 461 11. 00 5. 97 highway to national bankruptcy. 1!~61- ' 6~ . . • . . . . . . . . . . . 3, 849, 469 843, 740 3, 127, 568 477 13.01 8. 50 1862-'63 .•..............•••. ··•··· ······ ...... ······ ..... . 31.29 22. 46 That is the result of it; but in regard to that section of the country, t e63-'64 .••...................... _ . . . . • . . . . . . . . . . • . • . . . . . . . ..... 67.21 27.17 those that produce the staples for foreign market, whenever you in- 1864-'65 ....•..•• •••.....••. . ..... . ..•........ -... . ... . . . . 101.50 19. ll crease your import duties the foreign merchant who buys the raw 1865-'66 . . . . . . . . . . . • . . 2, 269, 316 666, 100 1, 554, 664 441 83. 31"3 15. 30 material tells the producer that he cannot pay him a high price for 1866-'67 ..•..... -~.... 2, 097,254 770, 030 1, 557,054 444 43.20 10.98 1867-'68 . . • . . . . . . • . • . . 2, 519, 554 906, 636 1, 654, 816 445 31. 59 10. 52 his production and export it to his own country and manufacture it 1868-'69 . . . . . . •.. . • . . . . 2, 366, 467 9'".lfi, 374 1, 4ti5, 880 444 24.85 12.12 and pay for its re-shipment, and subject to high customs duties. 1869-'70.............. 3, 122,551 865, 160 2, 206, 480 440 29.01 9. 1:!9 In this way the increased tariff reduces the price of the raw mate- 1870-'71... .. . . . . . • . . . 4, 362,317 1, 110, 196 3, 166,742 442 23. 98 8. 55 rial, resulting in this condition of things-that there is a low price 1871-'72 . . . • . • . • • . . • . . 3, 014, 351 1, 237, 330 1, 957, 314 443 20. 48 10. 78 1872-'73 . • • . . • • . • . • • . 3, 930, 508 l, 201, 127 2, 679, 986 464 18.15 9.65 for the raw material and a high price for the articles consumed; that is the unequal and grinding effect of the system of contraction on the country. It is that which afflicts the country. The country is ·T he result of the legislation of Congress was that a few years ago in an agony under it. These burdens must be removed. by a change you had to make fuel of your grain because you wereJleprived of in our whole financial system. Industry must be unshackled, and if your market. not unshackled, sooner or later, I believe that this House will be Mr. TOWNSEND, of New York. Will the gentleman allow me a swept as by a besom by the people, and other Representatives will be qnestionf put here who will respond to the wants and distresses of the country. Mr. BRIGHT. Certainly. I wish to say another word in behalf of my section of the country, Mr. TOWNSEND, of New York. Was not the production of cotton if you will pardon me, in relation to its distress, and that distress is last year greater than ever before in the history of the country f intimately connected with your prosperity. I have heretofore stated Mr. BRIGHT. No, sir; it was not. to our northern friends that you may destroy the industry of that Mr. TOWNSEND, of New York. Was it not about 5,000,000balest section of the country, but, like the dead Siamesetwin, it will spread Mr. BRIGHT. Well, it may have risen nearly to that amount. mortificat.ion to every industry you have. Now, there have been some Mr. TOWNSEND, of New York. Five million bales f legislative blunders committed in relation to that section of the conn- Mr. BRIGHT. Yes, sir; but by this time it ought to have risen to try and its prosperity. It emerged desolate and forlorn from the war, the amount of 7,000,000 bales, and with proper legislation and indus- with its labor system prostrated, with its currency destroyed, its peo- try ypu would have had that amount; it would have been so if yon }lle in debt, and with the necessity devolving upon them of repairing had legislated in the interest of industry instead of the money power, theirrailroads and means of transportation, and before long they found which has been gripping the life out of our people and yours. themselves $500,000,000 in debt at an annual interest of $30,000,000. Mr. Chairman, I will draw my remarks to a close as fast a-s I can. They are without farming implements, without manufactories, with- I am very much obliged to the House for their patient indulgence, out the means of clothing themselves, or supplying themselves with and I only desire to call attention to another fact or two. other articles of consumption; all these things had to be brought We have heard a great deal upon the subject of specie resumption, from another portion of the country, and all the money that they could all looking to that end as the halcyon age, the golden age. Let us realize from their productions was sent north for the purpose of buy- consider a few facts in relation to that matter. .According to the re- ing articles to consume; for the purpose of buying agricultural im- ports that have been made upon the subject we have of gold and sil- plements, for the purpose of paying the interest on their private and ver coin in the country $140,000,000, all told. The Government. needs public debts, and the money going from them never to return. One of that $132,000,000 for the purpose of paying the interest upon the 3798 CONGR.ESSIO'NAL RECORD-HOUSE. JuNE 14, bonds and for the sinking fund. That would leave 8,000,000 for the Gov.ernment has been to get further and further from resumption. purpose of furnishing a ban kin~ capital and a general circulation and In the first place, it funded its floating debt and made the interest for aU the other wants of a penod of gold resumption. payable in coin. Then in J869 it pas 'ed a law to make the prin~ipal Now, let us examine into the possiuility of this thing. Our inter- payable in coin or its equivalent, increa ing the debt '50U,OUO,UOO. est-bearingnational debt abroad amounts to about·$1,600,000,000 gold, On the 12th of February, 1873, iL demonetized silver amlllmited pay- to say the least; some place it as high a-s $2,000,000,000. The interest ment to gold, so far as to make tho means of payment scarcer than upon that amount, taking it at its minimum, is $100,000,000 a year. before. 1t expelled the gold from the country to pay a foreign debt Our carrying trade in foreign vessels, which has to be paid in gold, is by unwise legislation. As I showed in a speech of January 25, 1875, $60,000,000, as estimated by Mr. Grosvenor; and we lose by smug- the Government has paid as principal and interest on the public debt gling and undervaluation of invoices some $50,000,000; making about $1,800,000,000 in gold, when it might bn.vo been paid in silver: $210,000,000 of money balance against us, not a trade balance. There saving "'200,000,000 to the people. Again, the ~ecie value of the na- is no delusion in a money balance, no shifting of invoices t-h at will tion's df'bt in 1835 was about 1,200,000,000. We have already paid correct it, lJce.wse it is an inflexible thing. You have 210,000,000 of $1,800,000,000 in gold; and it will yet, according to the same pro- a gold money balance against you. cess, take $9,000,000,000 more to wipe out the national debt; and it Of; nnual production of gold and silver we have a total of $63,000,000, will yet take $25,000,000,000 more of taxation, ucc'lrding to the scale of gold only about $40,00u,OOO. Put them together, and you hav~ a adopted, in order to raise the revenues for that portion taken from it money balance of 147,000,000 against you, and increa ing every day. to pay the national debt. Now, bow will you get to your golU basis under yonr financial sys- There is one other fact to which I wish to allude. This demoneti- tem t Have you not been trying it for a number of years T Has not zation of silver, which I developed more than twelve months ago, your golden Pactolns swept by you only to delude you and pass to a was so artfully done that I do not believe the President of the United foreign country Y Have you not been rolling the stone of Sisyphus States knew the effect of the bill which he wa-s signing. Why uo I without reaching the top f Have you not been attempting to sip the say sof In February, 1873, the silver dollar wa-s demonetized; it retreatmg wave of Tantalus T And, instead of getting nearer to the dropped from the coins of the nation; and six months after that, in goldeu sbore, you have ueen driven farther away out into the ocean, October, 1873, a-s appears by Mr. McPherson's Hand-book of Politics the unknown sea. Where is the arithmetic that will calculate you for 1873, General Grant in a letter to Mr. Cowdrey said: back to the golden-re~Sumption shore upon which you hope to land f The pamc has brought greenba{}ks about to a par with silver. I wondertbatsil- In 1870 tbe gold premium was 10 per cent., and now it is 14 per ver is not already coming into the market to supply the deficiency in the circulat- cent. ing medium. When it does come, and I predict that it will soon, we will have maility; some, it may be, for their political and personal The same aid was rendered to and similar privileges were granted influence, and so distributed geographically as to ''do the most good." by these acts to other companies to enable them to construct branch This gives the companies the advantage of supplying by the persna- roads tributary to the great trunk lines of the Union Pacific and Cen- si:ve power of argument all that can be said in their behalf; and yet tral Pacific. The bonds were all issued and lands granted under and they defy the order of this House requiring thelli to register with the since the act of 1864. When these laws were passea it seems to have Clerk the names of these attorneys and agents, so that it may be been understood by Congress, and it was decided by the Attorney- known to all how far their advice is disinterested. General iu December, 1870, that the co111panies were bound to pay the in- We have seen the effect of the persuasive power of these agencies terest as it accrued senti-annually on the sztbsidy bonds, but it has recently on other and memorable occasions-occasions to which I need not now been decided by the Supreme Court that the Government is requirall refer. (Ho01se Report No. 78, third session Forty-second Congress, to pay this interest as it accrues, and that the companies are not page 189, 227; also Credit Mobilier report, same session, No. 77.) obliged to repay it until the maturity of the subsidy bonds about the But they all show that in a legislative contest almost every ad- year 1898-abont twenty-two yP-ars hence-except as this may be re- vantage is with the companies and against the Government. paid to a limited extent annually by "5 per cent. of the net earnings" This hill has been met at every step with a power of argument, with of the companies and " one-half the compensation for services" ren- a determined opposition, with urgent and successful appeals for de- de1·ed the Government in carrying freights, mails, &c. (House Report lay, such as no other measure has encountered. No. 440, first session Forty-fourth Congress, pages 6, 120, 175, 275.) The lobby in opposition to it swarm in the corridors of the Capitol, The Supreme Court, however, did not decide that the Government besiege the committee-room where it is consider:ed, and appeal in pub- would not be entitled to or that the companies could not be required to lie and private to individual members of Congress with arguments pay simple interest on the semi-annual advaces of interest from the against it. time thereof to the maturity of the subsidy bonds. This is an open No such agencies are here in behalf of the Government and people, question. In order to have in one view certain information material whose interests the bill is designed to protect. 1 to a correct understanding of the bill, I present the following table: Stat-ement of subsiclies to Pacific railroad8. Names o£ companies. 1. Central Pacific ...•.••..•.•.•..••......•.. Nov. 18,1897 $25, 885, 12!) 00 $46, 593, 216 00 . $126, C19, 733 30 $332, 408 00 $598, 334 00 $930, 74~ 00 2. Kansas Pacific .....•...•...•.•.........•. Nov. 17, 1896 6, 303, 000 00 11, 345, 400 00 30, 831,774 36 87,327 00 157,190 00 244,517 00 3. Union Pacific . ..............•.........•. Sept. 3, 1897 27,236, 512 00 49, 025, 721 00 133, 230, 206 60 355, 261 00 639, 470 00 9!>4, 731 00 4. Central Branch Union Pacific ......•...•. Oct. 20, 1 96 1, 600, 000 00 2, 880, 000 00 7, 820, 564 96 22, 2~9, 00 40, 138 00 62, 378 00 5. Western Pacific .... ............... ·.•..... Sept. 5, 18!)8 1, 970, 560 00 3, 547, 008 00 9, 639, 197 41 23, 855 00 4:2, 939 00 06, 794 00 6. Sioux City and Pacific ...........• ...•..... Jan. 1,1898 1, 628, 320 00 2, 930, 976 00 7, 965, 095 16 20, 7'.23 00 37,302 00 58, 025 00 - - - - - - - - - - - - -------- I-~------I -------- 1 ------ Total. ..•.•....•...•.•.....•.•.••......•.•.......•.... 64,623,512 00 116,322,32116 316,112,;>71 79 841,873 00 1,515,373 00 2,357,246 oo Simple interest.................. . .. ....••• .... .. . ... .. . . .....•.. ...... .... .. . .. . 116,322,321 16 l)ifference . . • . . . . . . . . . . . . . . . . . . . . . . • • . . . . • . • . . . . . . . . . . . • • . . • . . . . . . • . • • . . . . . • . . . . 199, 790, 250 63 Approximate estimate Approximate estimate of 5 I of half earnings for services to Govern- ment as claimed by per cent. of net earnings Approximate estimate of 5 as claimed by Government on basis of reports to In- per cent. of net earnings as claimed by companies. Apfroximate estimate 0 the land. grant to Statement of laricls act- Names o£ companies. the Treasury Depart- terior Department not de- (HoUB6 Report, 440, first ducting_ interest on mort- session Forty-fourth Con- which each company uaJly patented. ment. (See rl'port, gage aebt. (House Re- gress, pal!es 13, 14. 15, 16, is entitled in acres. 440,first session ]'orty. port, 440, first session 97, 99, and especially pag~ (d.) fourth Congress, pages Forty-fourth Congress, 17.) (c.) 9, 16,99.) page 13.) • ~: i~~~ ~:1:~:::::: :::::::: .~~>..e:.~~ -~~~· -~ ~~~-~~:~. 3. Union Pacific . ......... . .... 224,338,000 for 1874 -..... -------~~~: ~~~ :~r-~~:~. $128, 452 • 307,418 for1875 ....••..•........•......•..... fA;:a~e1sio~~W. ~9,100, 000 6, 000,000 1~000. 000 $764,607 74 516,555 19 1, 625, 402 28 4. Ce~tral Broncb Union Pa- . s. w~~i-ii Pooill~::~::: ::~: :~: :::::::::::::::::::::::::: :::::::::::::::::::::::::::::: .--~~·-~-~~: -~~~~ :::::::::: Included in Central 245. 166 186, 453 28 Included in Central Pacific. Pacific. •· s~:c~~ :~. ~~~- : : : : : : : : : : : : : : : : ~· : : : : : : : : : : : : : : : : : : : : : : : : : : : : : ~----;n,~~- ..............••·.:~~-:: 1876. CONGRESSIONAL RECORD-HOUSE. 3801 1 NOTES TO PRECEDING TABLE. making no provision for their creditors, or at least none for the Gov- (a) This would be the correct amount, a.ssuming that the Government is not en- ernment as a creditor. titled to credit a••1f sv:m on current interest advanced by the Government on sub- The leading ptwpose of tl!e bill now before the House is simply to 1'8- sidy bonds until their maturity. But the Government i.s entitled to credit on such quire the companies to pay into the TI·easu1'.lf specified sums semi-annu.ally to advances half the railroad and telegraph services rendered by the companies to the be invested and accumulate on interest so that at sonte time in the futu?·e- Government at the time paymPnt is due for such services ancl5 per cent. of the net annual earnings of the companies. The requisite sinkin~ fund would depend some. n.ot so soon as the contpanies agreed to pay, bnt q.u:ay beyond tltat-the Gov- what on these, so that the above amounts are not precisely accurate. ernnumt may hope to be re-in~>bltrsed, so that the companies may not escape (b) The Central Pacific Compan.v was aided by "subsidy bonds" on 737.50 miles, tile payment of these immense millions, and thereby require them. to be dmwn from Sacramento to Ogden; the West,e rn Pa-cific on 123.16 miles, from Sa-cramento in taxes from the labor of an, already overbu1·dened people. to San Jose; and these two companies are consolidated, making 860.66 miles. The Central Pacific has also been consolidated with the California and Oregon Railroad, But before I come directly to this feature of the bill permit me the San Francisco, Oakland and .Alameda Railroad, and the San Joaquin Valley briefly to state some of its other provisions. Railroad. These combined roads are all in length 1,219 miles. The reports of the SPECIA.L PROVISIONS OF THE BILL. Cenhal Pacific Company show the earnings, expenditures, &c., of the one combined road, with no account kept (as it is understood) by which the earnings of the sub· The first section in substance provides as to all railroad companies sid-y-bond-aidec:l road can be ascertained. The :proportion of 860.66 to 1,219 is not a whieh have received aid from the Government that the Secretary of. t>!\tlsfactory moue of ascertaining either earnm~ or expenditures. (See House the Treasury shaH at all times withhold payment of any money due Report No. 440, first session Forty-fourth Congress, pa~es 9, 16, 99.) (c) In Senate Report No. 341, first session Forty-fourth Congress, it is said. from the United States to such company to the amount of any and The Union Pacific Railroad Company has furnished your committee with a state- all claims due from it to the United States. ment of the amounts which the company bas charged to the United States for serv- This merely extends the principle of the act of March 3, 1!373, to ices rendered from April, 1867, to December 31, 1875. other companies aided by the Government as well as the Pacific com- The gross amount for these nine years is ....... • .••••••••••.••••.•• $1, 290, 252 89 panies. (Report 440, page 71.) . Average yearly amount earned in nine years......................... 810,028 10 The second section simply gives the Government a right of set-off Of which the Government retains one-half annually................. 405,014 05 when sued by any such company or the right to bring a separate To thiS add 5 per cent. of the amounts which the company admits are action. net earnings by declaring a dividend of 8 per cent. upon the capital The right of set-off does not exist at common law, but is authorized arock of $ii6,475,000=tlividend, $2,918,000, 5 per cent. upon w~chis. 145,900 00 in equity. It is authorized by statute in the Court of Claims. (Re- Undisputed annual amount to be relied upon from the Union Pa. vised Statutes, section 1059.) This bill extends it to all courts. cific Railroad Company.......................................... 550, 014 05 The third section gives the United States a right to recover inter- The parties representing the Central Pacific Company before this committee have est from any railroad company aided by the Government upon all not at the present time obtained from California a statement of the amounts which claims for money due if payment be unreasonably withheld. If un- the company have charged t.o the Unit-ed States, and the committee, for the present lawfully withheld it would be unreasonably withheld. If not paid purpose, uses the statement presented by the Secretary of the Treasury in Senate Executive Document No. 25, present session, page 9. when required by law it would be unlawfully withheld. The act of March 3, 1797, gave interest to the United Stat-es against From June 30, 1810, to June 30, 1874, the gross amount for these four revenue officers and persons accountable for "public money" in case years is ..................... . .......... . .. . .•..............•...•.• fl, 406, 092 48 Average yearly amount earned in four years is...... . . . • . . . • . . . . . . . • 3.51, 523 12 of default in settlement from the time of receiving it. (1 Stat- utes, 512.) This does not seem to have been carried int.o the Revised Of this the Government retains one-half annually................... 175, 761 56 Statutes, but they give interest in suits on bonds, (section 963,) bal- To this add 5 per c.ent. of the amount which the company admits are ances due the Post-Office, (section 964,) in suits on debentures, (section net earnings by declarin~ a dividend of 8 per cent. upon the capital stock of 54,275, 500=divulend, ,4,342,040, two-thirds of which arises 965,) onjudgnwnts in civil causes in circuit and district courts, (sec- from the road aided by the United States, $2,894,693, 5 per cent. tion 966,) and on overdue internal-Tevenue taxes, (sections 3184 and upon which is...... ...• .. . ... •• ...... ....•• ...... .•.•.• .•••••.... 144,734 65 3185.) . Undisputed aunual amount to be relied upon from the Central It is not necessary to say whether any other law, statutory or com- Pacific Railroad Company.. . . . . .. • .. . . . . . . • • . . . . . . . . • .. .. • . • . 320, 496 21 mon, could g]ve interest, but the committee deemed this provision at (d) Patent-s are probably not taken out in view of the decision of the Supreme least advisable if not necessary. If these companies can escape in- Court that until patented ihe lands are not taxable. (House Report No. 440, Forty- terest on the 5 per cent. of net earnings they owe the Government, it fourth Congress, first session, page 194. Niawanger vs. Gwy-:nne, 20 Ohio.) This will make it profitable to litigate and delay every payment as they shows how section 21 of the act of July 2, 1864, apparently in the interest of the are now doing. Government, wa-s really in the interest of the cQJnpanies. (Ibid., page 62:) At the present sess1on of Congress a bill has been passed through the House The demand made upon them under the act of June 22, 1874, does authorizing the unpatented lands to be taxed. not·in terms ask for interest, though the declarations filed in the suits WHAT THE GOVERNMENT HAS GIVEN THE COMPANIEB. commenced do, and while the act itself is apparently in the interest of the Government, yet if it could be held as superseding remedies From this we can see something of the lavish bounty bestowed a-s a given by the act of 1862, it might be really in the interest of the com- gift npon these corporations, useful we all admit, essential to the public panies. One misfortune of much of this railroad legislation is that interest, of more than national utility. and importance, but immense it seems to point one way but leads in another. in their demands on the Government ; a land grant of 27,390,166 This Bection is proper at least to remove all doubt. acres-an empire in extent-which should render these companies I present a copy of the declaration and · bill of particulars in the grateful to the Congress that gave it, and ready and anxious to per- suit brought against one of these companies, as follows: form every obligation. If these companies should even at the ma- UNITED STATES OF AMERICA., turity of the subsidy bonds pay the aggregate of semi-annual interest Ma.8aachusetts District, ss: advanced and to be advanced by the Government on them, the Gov- ernment would still lose the interest on its advances of interest, which, compounded, amounts to the enormous sum of nearly $200,000,000, UNITED S'fATES VII. UNION PACIFIC RA.ILROAD CORPORATION. l Cmcuir CoURT, May 7, 1875. subject to comparatively small reductions by crediting "half serv- Plaintiff's declaratiQn. ices" of the companies to the Government and " 5 per cent. of net And the plaintiffs say that the defendant is a corporation, du1y established · and earnings," and which in any event would probably leave more than existing under and by virtue of an act of the Congress of the said United States, $100,000,000, transferred in semi-annual payments through thirty approved Ju1y 1, A. f>. 1862, and entitled "An act to aid in the construction of a years from the labor of the people to these corporations, with no re- railroad and telegraph line from the Missouri River to the Pacific Ocean, ancl to secure to the Government the use of the same for postal, military, and other pur- turn, as they claim, ever to be asked or expected. The bill now be- poses," and by certain other acts of said Congress in addition to or in amendment fore the House asks no return for these lands-no return of this of the said first-named act; that in and by said acts of Congress large privileges and $100,000,000 of interest on advances of interest. great amounts of land.s and bonds of the said United States we.re granted to the defendant corporation upon certain conditions, and were accepted upon the same This is hopelessly gone-gone forever- conditions by said corporation; and that the said defendant corporation in its or- Gone where the woodbine twineth. ganization and establishment under said act and the acts in addition to and in amendment thereof, and by its acceptance of the said cha.rter, privileges, and ADMITTED INDEBTEDNESS OF RAILROAD CO.IrlPANIES TO GOVERNMENT. grants aforesaid; and by its assent to the act first aforesaid named, du1y filed by tne defendant corporation with the Department of the Interior, as required by the But these companies adn~it that they have agreed to pay the Govern- said act, became bound by the said conditions and obliged to perform the same ; ment the principal of the subsidy bonds at maturity, 64,623,512; they that amon~ the said conditions and obligations which the said defendant corpora- admit their liability at the same time to pay the aggregate of interest tion is obliged to keep and perform is the following one, namely: That after the on these bonds to that time advanced, less the credits thereon, which said defendant corporation has completed its road, and until the said bonds granted by the said United States to said corporation and the interest thereon have been may in the mean time arise from half their services to the Govern- paid1 at least 5 per cent. of the net earnings of the said road shall be annually ap- ment and 5 per cent. of their net annual earniugs, if they shall ever plien to the payment thereof, to wit, of the said bonds and interest. · pay any such net earnings as they have not y.et, though such pay- And the :plaintiffs say that said road was completed November 6, A. D. 1869, and ments have lon~ been due. (House Report No. 440, Forty-fourth Con- that the sa1d bond.s and the interest thereon were not then and have not since been paid; [and that since .t he said date of November 6, A.)). 1869, there have gress, first sessiOn; pages 6, 19, 99.) been each year net earnings in the operation of said road; 1 and that thereupon After applying these half services and 5 per cent. of earnings there and thereafter it became and was the duty of said defendant corporation, until will remain to be paid the Government on the 1st of Jan nary, 1898, said bonds and interest shou1d be paid, to pay to the said plaintiffs annually 5 per as nearly asmaynowbeestimated, 144,945,8:33. (.Thid., 440,page 19.) cent. of the net earnings of said road to be applied to the payment of said bonds and interest; yet the said defendant corporation, wholly neglecting its duty in the NO PROVISION FOR PAYMENT. premises, has failed and refused t.o pay to the plaintiffs the 5 per cent. as afore- said, or any part thereof, for either of the years that have elapsed since said No- The companies do not claim that they are making any provision by vember 6, A. D. 1869, and now owes the plamtiffs the full amount thereof and in- a ~mking fund or otherwise to meet this immense liability when it terest the-reon, according to the bill of particulars hereto annexed, amounting in all to shall mature, nor do they deny that they are paying ont in dividends the snm of $1,180,619.34. GEORGE P. SANGER, to their stockholders largely the earnings of the companies while United Staus A ttqrney. 3802 CONGRESSIONAL RECORD-HOUSE. JUNE 14, Bill of particulars. 1876, and the last or forty-fourth December 31, 1897, added to the amount of twenty- four semi-annual payments of $96,060 each, the first payment to be maue June :io, 1886, and the last at the date of maturity of the bonds, December 31, 1897, com- pounded semi-annually, at the rate of 5 per cent. per annum, is $25,42-1,559.80. The pt·oposed forty-four semi-annual payments of $37!l,OOO each by the Union Pacific, and of 284,105 each by the Central Pacific, and the twenty·four propo ed Net earnings of defendant cor- payment.~ for the last portJon of the period.. of $125,000 each by the Union Pacifio poration from .... Company and of $96,06U each by the Central Paoific Company are the same iu value as twenty payments of $375,000 each by Union Pacific Company and of $284,105 each by Central Pacific Company for the first part of the periou of twenty·two years (or forty-four half years) and of twenty-four semi-annual payments of 500.000 each by the Union Pacific Company ancl of S3S0,165 ea, 762,300; 7 per cent. dividend on this is ..... ~ 2, 573, 361 fund, and make reasonable dividends to stockholders besides. Surplus ........... _.............................................. 333,144 THE FlBsT·MORTGAGE BONDHOLDERS. This 7 per cent. is over 11 per cent. dividend on the selling value of The first-mortgage bondholders have no le.gal 01' moral ground of romplaint. the stock at sixty cents on the dollar, and more than 22 per cent. on Their mortgages, by the express terms of section 10 of the a-ct of its actual cost to those who built the road and received the stock in 1864, "are authorized to be issued on the respective road, propm·ty, and payment. (Report No. 440, pages 16, 21, 149, 203, 287.) equipments" of the several companies-on nothing 11tm·e. (Honse Re- Thus it will be seen this company can provide the requisite sinking port No. 440, Forty-fourth Congress, first session, pages 23, 76; Coe fund and make a liberal dividend besides. vs. Columbus Railroad, 10 Ohio State Rep. 372.) This estimate is based on the report made to the Secretary of the Neither the fmnchille nor 1·evenues are pledged to these bondholders. Interior by the company for the fiscal yea.r 1875, giving net earnings On the contrary, they accepted a mortgage, wiih provisions in the 6,148,365. But the annual report of tile directors to the stockhold- law which gave the Government a right to appropriate the revenues ers, made March 8, 1876, for the year 1875 shows the surplus earnings in satisfaction of interest and principal of subsidy bonds before any 7,011,784. (House Report No. 440, first session Forty-fourth Congress, claim could arise from thi~ sou1·ce either in favor of first-mortgage page 226.) Here is an additional surplus of $863,419. This would in- bondholders or stockholders. crea-se the dividend 2t per cent. This estimate permits interest to be This results from the sixth section of the act of 1862, by which the paid from net earnings on "sinking-fund mortgage-bonds." These companies hold their lands, right of way, and some or all their fran- bonds are a second mortgage on the land grant and a mortgage on the chises, "upon condition that the companies shall pay said bonds at ma- road subsequent to that of the Government. As against the GoYern- turity." ment mortgage they have no claim on the revenues of the road. They This is in the nature of a first m(}rtgage or lien in favor of the Gov- may well look to the land sales for payment. This would exclude ernment on the revenu.es of the companies. It imposes a duty t6 pay, from the computation $857,940 allowed to be deducted for interest be- an~ the duty implies an obligation t-o provide the means, and the rev- fore providing the proposed sinking fund . . .A.nd now can this com~ 3804 CONGRESSIONAL RECORD-HOUSE. JUNE 14, pany continue to pay t The reports of the company made t.o the Sec- This is no unusual mode of adding to the value of the stock. The retHry of the Interior show that notwithstanding the panic of Septem- Government directors, in the report of September 13, 1872, referring to ber,1873, and the depression in business since, the net earnings have the obligation of the company to pay 5 per cent. of its net earnings gone on increasing at the rate of a million a year, a.s follows: to the Government, say : Here it may be well to state, as illustrative of the company's ability to discharge Year. Receipts. Expenditures. Net earnings. this 5 per cent. claim, that up to Au~st 1, 1872, the Union Pacific company batl furnished toward the construction of tne Colorado Central Railroad, in money a.nd material, 1269,244.94, besides ~,387.54 for equipment loaned; had ~Klvanced to the 1865 ............................................................................ . Utah Northern Railroad . in material, freight, &c., $91,000, and to the Ut-ah Sonthern 1866 ........................................................................... .. Railroad, in material, f:-::~ight, &c., $99,109.52, or an aggregate of $494,742. We un- derstand that the grand total for all of th~se roads now amounts to $1,400,000. 1867 . . . • . • . . .. .. . • . . • • • .. • • . • .. . . 11, o1s, 19:> ~ $658, seo 54 ............... . We do not question the wisdom of a olicy which tends to secure to the trunk 1868 •. .. . • .. .. .. . . .. .. . . .. .. .. .. . 4, 186, 832 09 3, 213, 565 83 ............... . line the business which the said sevc·.-a roads may command. It could not well 1869 . .. • .. . .. . .. . .. • .. • . . • .. .. .. . 7, 342, 271 16 5, 894, 268 63 $1, 448, 002 53 afford to bave said business diverted from it. The policy, however, should be so 1870 . .. . .. . .. .. • . . .. .. • . .. . .. .. . . 8, 344, 371 08 5, 649, 573 45 2, 6!14, 797 63 ordElred as not to interf\jre with whatever present or future claim the Government 1871 . . . • .. . . • .. • . . .. .. . . . . . . .... . 7, :i62, 015 19 ............... . .............. .. may have for re-imbursement. 1872 ............. ................ 7,962,170 78 ............... . ............... . We h.ave herein expressed the opinion that the Union Pacific Railroad, properly 1873 ............ :.... .. .... ...... 9, 633,965 09 4, 691,999 50 ............... . managed, can be made to meet all just demands upon it., including the Government 1874 ....... ...... ..•.•.. ... ..... . 10,246,760 16 5, 089,789 17 5,151i, 970 99 lien. 1875 ............................. 1 11, 52"2, 021 54 5, 373,655 87 6, l48, 365 67 It is not an exceptionally expensive road to operate. With a. careful, prurient management, located at the head of the roarl, clothed with necessary power, making itself thoroughly familiar with the character, resources, and needs of the country The increase in surplus for 1875 is stated in the annual report to tribut-ary, a. most gratifying increase in the revenues of the company could, in our the stockholders at $1,303,607. At this rate of increase the dividend judgment, be effected. (Senate Executive Document No. 24, Forty-thirll Congress, for next year could be increase-d 4 per cent. over the estimate for 1875, first session, pages 4 and 5.} and this is to go on increasing. In this estimate no a~count is taken of the land-grant bonds, which The report to the stockholders for 1875 says: are set down in the report of the company to the Secretary of the The future of your property is no lono-er in doubt. The steady growth of its lo- Interior at $7,812,000. cal trade; thecontinualand une~ecte

rence between the two governments as to the iut.erpretation or effect apply to this cas~ either in more.generallaw,aswill beobsetvccl from · of t he1 reaty ; but it seems to them obvious that the subiitanUal object of the ad- tho following letter, respecting the disposition of such cases on the jonmmPnt must be to give the two governments an opportunity of determining whcilier the claimR in question shall or 1:1hall not. be submit.ted to the decision of part of Congress : the arllitrators, and tlt•~t any difference between the two governments on this point COliOfONWEALTH OF MASSACHUSETTS, mav rual;c the adjournment. u~vroductiYe of any usefnl efl'ect, smtl, aftRr a. delay of Eur.utive Department, Boston. Jamw.t·y 24, 187:1. mnny mouths. (lll!'in~ wl!iuh both nations may bo kept in a. st.a.to of Jlainful sus- DEAR Sm: While I wos on the Committee of Claims for six yt>ars several1'nses peuse, ruay end in a. result which, it is to be presumed, both goverllDlents would of insurance companies were presented where property bad been lost or destroyed CONGRESSIONAL RECORD-HOUSE . JUNE 16, . on which they ha.d paiay how much the oil the con. idoration, term , and conditions of ~:al e, the Secretary of the Navy shall city shall pay. mako, execute, and ddiver to the cit.y nf Brooklyn a good and sufficient d ~ed of Now, Mr. Spea.ker, I h:we never known in the little experience I conveyance of the land above described, as soon as the terms agreed upon shall have had in the sale of lands iu the State of New York we ever se- ha,·e been complied with. lected the purchasers to determine the value of the property to be The amendment reported from tho Committee on Naval Affairs was sold. Gentlemen say on the other side, here are two other gentlemen to the second section, to insert before the words" the Secretary of the selected by the Government. Very well; taat is right; but there Navy" the words "they shall report their conclusions to the Secre- should be .four ~lected by the Government-four intelligent, disin- tary of the Navy, who shall lay them before Congress at the begin- terested men, who should determine the value of this property. Bnt ning of it.s next session, and if Congress shall ratity the same and the gentleman who introduced this bill tells us it has to come back authorize it to be done.'' to this House at the next session of Congress and we are to mti fy it.. Mr. HOLMAN. I have no donbt this measnre is rigbt, but I reserve That is so. It is to come back here. But what evidence will we have the right to object. I wish to hear the reading of the paper sent to when it comes back of the value of this property except f.ho report of the Clerk's desk. I must object to any mea~ure passing this House this commission f Do we go behind their report to see what the value uutil we can underst.and what it is. of this property is T Not at all. We have to depend entirely upon Mr. O'NEILL. I hope the gentleman from Indiana will permit this tba.t report; and that report is made by two men who are interested bill to pass. I think it will be a blessing to the citizens of the city in making the amount as small as possible, other two who may per· of Brooklyn to have this swamp filled np in some way with buildings. haps be independent men, and the fifth to ue appointed by tl.Jese fonr. Mr. HOLMAN. If gentlemen insist on the passage of a bill t'hrough I desire to amend this bill by striking out the words "two of whom the House without anybody understanding it, I shall have to object shall ue the mayor and comptroller of the city of Brooklyn," and in- peremptorily. I am only asking now, reserving the right to object, serting in their place the names of Elbridge G. Spaulding of Bn1fn.lo, to have the paper read at the Clerk's desk. I object to business being late treasurer of the State of New York, and George Geddes, of Ouon- presented in such a manner that no member can know what is its daga, both gentlemen of high intelligence and unimpeachable char- nature. I 3,sk the paper be read. I have no doubt it is right, but I acter. I object to its being Jeft t,o the mayor and comptroller of t.he wish to understanle what it is worth. 3836 CONGRESSIONAL RECORD-HOUSE. JUNE lG, I do not care who the .commissioners are, provided their appoint- parties, the entire press of the city, and the neighboring communi ties ment is not made in snch a way as to defeat tile object of t.he bill. I uuite in askiug the General Government to cede this land to the city. do not care whether the appointment he ma.rle by tho President of The board of aldermen and the board of supervisors have nrgecl their the United States or by t-he Secretary of the Navy, or whether private RevresentatiYes in Congress from that city by resolutions to try and individuals be named in the bill. But I think that by appointing secnro thl~ much-needed reliof for the city of Brooklyn. the mayoTof the city of Brooklyn, who is a republican, and tile comp- To meet these wishes of the people negot.iations were opened with troller, who is a dt-mocrat, and the Secretary of tho Na.vy nppointiug tho Navy Department by the officials of Brooklyn about a ye:1r ago two others, and those four agreeing upon a fifth, a fn.i r conclusion would having that ouject in view. A propc~ition was mad"' to exchange be arrived at. The gentleman from Indiana, as I understand, pro- certain lands with the Unit.ed States, but the negotiation failed be- poses that the President shall name the commission. If such is the cause the cousent and authority of Con~ress had not been obtain<'.u. wish of the Honse, I do not desire to oppose that proposition. Still, As I observed before the Naval Committee, the advocates of this I must submit that the proposition contained in the bill is a fair one, measure invite the closest scrutiny. A fa.ir and eqnital>le tran ac- and I should like to have a vote taken upon it. tion is all that is contemplated; so that, wilile the city of Brooklyn In my judgment, the passage of this bill is of the utmost impor- will secure:\ much-needed relief for its inhabitants, the Government tance, not only to the people of the city of Brooklyn and of Long will not fail to receive ample compeusatiou therefor. Islaml, but it is equally so to the Government itself. The object of Another reason why it will benefit the Government is that in atldi- the bill is to enable the city of Brooklyn to acquire title to those tion to receiving full considei·ation for laud in an unimproved condition, marshy n.nd overflowed lands of the United States adjoining its navy- which is 1186le8S to it and virt.ually not needed, its remaining lauds yard at that point for. the purpose of erecting a public market willl>o greatfy enhanced in value on account of the improvements thereon, which shall combine the advantages of a central location which will be made on the portion ceded. and the indispensable requisite of a suitable water front. I have said there coulcl be no reasonable opposition to sellincr these It is proposed on behalf of the city that a full equivalent shall be lands; ancl there is no opposition except from a few of the old line ~fficei'S ~ paid for the land desired either in cash or by the exchange of other of the Navy, whose theory is that the Government should ho1d on to la.nrl adjoining the navy-yard equally if not more valuable for navy- all it gets, especially where the Navy Department is interested, and yard purposes. The bill provides that the precise terms or conditions that the necessities of the people shoulcluot in auy ease enter into of the sale or exchange shall be determined by a commission to be the question. But even this opposilion is confined to a few, a.ud lllo appointed for that purpose. not imagine that this House--SOlve itself into Committee Section 5 limits the service of chaplains in the Army to forir years, of the Whole on the state of the Union to resume the consid~ration but does not prohibit- their re-appointment by the President, by and of tllo Army appropriation bill. with the advice and consent of the Senate. This change is mani- The motion was agreed to. featly desirable. Tile House accordingly resolved itself into Committee of the Whole Section 7 provides for a court of inquiry and courts-martial, dispena- on the state of the Union, (Mr. BLACKBURN in the chair,) and re- ing with the more expensive form of having a judge-advocate and a sumed the consideration of the bill (H. R. No. 3717) making appro- court of military justice. pria.tions for the support of the Army for the fiscal year ending June Section~ requires the appointments to the rank of second lieuten- 30, 1877, and for other purposes. ant to be made from the Military Academy and from the enlisted men .Mr. ATKINS. Mr. Chairman, I promise the committee the merit or non-commissioned officers. This I regard as an important reform, of brevity, if my remarks shall possess no other. for the reason that it helps to keep up the esprit de corps of the en- The bi1l making appropriations for the Army for the next fiscal list.ed men, excites their military pride and aspiration by being placed year has been maturely conside-r ed by the committee in charge of it. directly in the line of promotion. No outside or politic:.&:l or personal Every available source of authentic information has been consulted, favoritism can defeat the just reward of obedience and soldierly con- that no injury should bo done this important branch of the public duct. service. Section 9 requires that post-traders shall hereafter be appointed It will be remembered that a bill orne months since was reported by the Secretary of War on the recommendation of the council of ad- to this House bythe honorable gentleman from Ohio, [Mr. BANNING,) 1 ministration and the approval of the commanding general, thus di- chairman of the Committee on Military Affairs, entitled "An act to viding the responsibility of those appointments. This reform I think regulate the pay and allowances of Army officers," which aft.er con- will readily commend it...~lf to the House without argument. Recent sideraule discussion passed this House and is now pending in the Sen- events would seem to justify it, if not require it. ate. This bill reduced the pay and allowances of the. General, the Section 10, among other things, provides that the paymasters shall Lieutenant-General, the major-generals, and the brigadier-~enerals. be reduced from fifty to forty in number by dropping the junior - The bill now before the Bouse has been made to conform m many commissions. I do not undertake to say that forty are enough to do respects to the provisions of that bill, and also to another bill to pro- the work efficiently. It is proper for me to add that the Paymaster- mote the efficiency .of the Army! which was reported by the same General thinks forty not enough. But t.be Military Committee, and committee and passed. I refer now to House bill No. 2935. especially its gallant and able chairman, insists that the reduction to In the adjustment of the salaries of the general officers the Com- forty should be made. I am free to say that if the . House should go mittee on Appropriations did not descend in tile scale of reduction tOo up to forty-five I should not regard it as extravagant. But in con- the basis of the Banning bill. That bill fixed the salary of the Gen- nection with this Pay Department I wish to call the attention ofthe eral u.t $10,000 per annum; we have left it at $12,000: So with the House and of the War Department to tho rather singular fact that Lieutenant-General the salary was fixed at $8,000; we make it $9,000. the disbursements in the Paymaster's Department increase over a half A -rrduction, exclusive of allowances in the first instance, of $1,500; million of dollars every year. I herewith append the following table in the second a reduction of $2,000. As both of these offices expire showing the disbursements to the regular Army by the Pay Depart- with the death or resignation of their present incumbents, it was ment during the fiscal years 1860 and 1871, and the disbursements deemed advisable not to reduce them any lower, as it might have the chargeable to the appropriations for the fiscal years 187J, 1873, 1~74, appearance of personality. In the case of the major-generals, this 1875: ' Statement showi1tg tM disbursement& to the re.gttla1· Army b-y the Pay D~pat·rnumt during the ji..scal years1860 and 1871, and t¥ disbursements chm·[Jeable to tlw appropriations for the fiscal years 187lt, 187:3, 1874, and 1875. Disblll'86ments Disbursements Disbursements Disbursements Disbursements Disuursements during fiscal dming tiscal chargeable to chargeable to chargeable to ch:u·geable to ear 1860. year 1871• fiscal year fiscal yea• fiscal year fi~>cal year Y 187~. 1873. 1874. 1875. . ~¥~.rl~¥~:.~~~~:~:~~~~~~~ ~~ ~~~~ ~~~~ ~~~~:~~~ ~~~~~~~~ Strdce pay to officers............................................. . Ret1red pay to officel'S . . . . . • • • . . .. • • • • . • • • .. . . . . . • . • • . . • • . .. • • • . • • . Ef'tra-dutypay to enlisted men .... ·-·-··........................... Ttavel pa,y and subsistence to enlisted men ....................... . I) 15, l8'J 381 14 • l I 113, 493, 144 50 } 18,233,126.., 594,861 32 678,708 34 27,979 86 f!), 059,146 99 649,516 26 674, 713 20 28,470 :w i9. 525,836 74 682, 316 00 673, 927 57 2'J, 587 20 I $3. 1oo, 397 78 l' 4• ~: ~4{ ~~ 413, 617 90 6'l:4, 271 91 67,.5, 187 53 28.571 42 269,385 60 133,584 68 166, 425 37 4~. 358 93 service pay, enlisted men ........ _.• __ ........................... _, I ~~;eg:~~~-~~~ ~~.:::::::::::::::::::::: :::::::: ~::::::: ~:::::: ......... ...... Trove mg expenses, paymasters' clerks ............ _•.•••.•...•. _................... } 1 ' ~~: 1: ro 92, 4:l1 02 479,181 97 206,448 86 24,b76 03 23.1, 6l4 16 24,893 23 265,666 73 23,059 49 2.')(), 414 53 127, 441 27 2"24, 826 34 21, 969 1>7 252,215 05 39'2, 619 56 129, 696 03 15, 119 34 ~r~~~~1: ~~~~~~~ 54,150 46 71,045 79 67, 485 32 65, 756 83 13, 959 99 22, 319 49 :::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::: 117,716 97 22,211 69 24,845 85 13, 620 7il 9,175 73 1 Total. •... -- .. - ...•• - .•. -- •••.•••••. ---- ...•..••• - ............ --15-,-182,_38_1_15-l·--15_,_63_2,_1_7_8-7-1·l--1-0,-683-, 181 60 W 11, 797, 8107s m71 130 92 11, 188, 556 Add amount due and unpaid, (short appropriation) .•••..•.••.... _..••• _............ .. • • • • . • .. • • . • •• • . . • • • .. • • • • • • . . . . . . . • . • . • .. . • • • .. . • • .. . • .. . . • • .. ' soo; 000 00 12,171, 130 92 38:38 CONGRESSIONAL RECORD-HOUSE. JUNE 16, NoTEs.-Prior to the .fiscal year 1871 the disbursements for items 11, 12, 13, 14, purchased for 1,446 colored men. 1,965. Excess for the two colored regiments hav- ancl15 wex e made by the Quartenuaswr-General's Department. m~r 193 men less than 1-he two white re_!,rimonts, 313. Inc-luded in the disbar ements for 1871 is the amount (one year's pay and allow- The scouting aml tiel do vio- the action of the committee from economic considerations, to say lence to their equality under the Constitution f In either case, jt oc- not.bing of the efficiency and ·gor of the service. This change, in curs to me that the removal of this discrimination would be desirable the judgment of the committee, is a real reform, and as such they do from their stand-point. · . not hesitate to commend it cordially to the House. But to do justice to my own views I must say that I am influenced I have no respect for any sickly sentimentalism born of prejudice in my action, (and I believe I can say about as much for the majority on either side of this question. 'l'be negro has been made the equal of the Committee on .Appropriations,) not by any political considera- of the white man before the law, and he who agitates the issue now tions in the advocacy of this change in the laws, but altogether by settled on either side for political and partisan ends is a pestiferous economic reasons. demagogue, whose patriotism is sacrificed on the altar of self-a~gran­ It bas been found by actual experiment and comparison that colored dizement or to the .Moloch of party. The statesman sboulu 1gnore troops cost much more than w bite ones. In the first place it costs more to the issue, and treat the question from the stand..point of justice and a recruit colored troops than w hit.e ones, for the reason that Lbe colored sound economy. man does not like the life of a soldier as well a white man does. It The other feature of this bill which may elicit an honest difference takes more time to recruit a given number of the former than it does of opinion is the reduction of the .Army. With the exception of .Alaska the latter, and of course at greater expense. In fact, I am informed Territory, we have no mo1·e territory now than we bad in 1 60. Then by Army officers that it is now difficult to induce colored men to join there were more Indians than there are now, anu a much larger pro- the .Army at all in any reasonable numbers. Its restraints and disci- portion of them were wild and unfriendly. Then, too, the Govern- pline do not snit their ideas of freedom. ment had trouble with the Mormons of Utah, which required a con- Nor are they as efficient soldiers, especially in cavalry and frontier siderable military force to prevent outbreaks and preserve the lives service. The death rate among them is also greater than among white and property of the people. The .Army consisted in 1858-'60 of 14,.000 soldiers. non-commissioned officers and enlisted men. 'I'he following table It is foreign altogether to my purpose to attempt any explanation will show the cost of the .Army in the years 1858-'GO and 1873-'75: of the facts. Suffice it, they are authenticated by .Army records and by still more convincing evidence, the increa-sed sums of money which Army appropriatwns, fron~ Army law, including only what 'i-s in bill for tllis are re-quired to maintain colored troops over and above the amounts year. which are necessary to keep the same number of white soldiers in For 14,000 troops: the field. 1857-'58 ---·-· ... - .•. --· --··········-· .• -..... ·--· ·--·-· --·- ...... _. f12, 230, C40 73 But for fear some one may suppose that I am speaking from preju- 1858-'59. ........ __ , __ ........ __ , ________ , .. ____ , ---·----·--- 15,22-2,266 14 dice-and that I have any undue antipathy toward the colored man, 1859-'60 ··- ...... - ...... -· .... -· .,,_ ·- ·----· ·--· ·--· . .,_.- --······ •. 13,647, 3'25 28 I utterly deny; upon the contmry, I have every disposition to help For 30,000 troops: him-I desire to refer the Honse to the letter of General Bingham 1872-'73- __ _, ··---- .. - .. ---·- -- ··-···· ·········-·· ··--·· ·-···· ·--··· 27,501,393 32 a-ddressed to myself in answer to verbal inquiries on this subject: 1873-'74 .... . ,,. ______ ... _.......... ---· ---- -· ------ ·---··. --.------ 30,396, 00::! 1 1874-'75- •• -· -- .. __ .. - ... --. ·--· -·.-- .. - .. ·--- ------ .. ---- .. ----· -· · 27,698,500 00 WAR DEPARTMENT, QUARTERMASTER-GENERAL'S OFFICE, Washington, D. 0., June 10, 1876. The reductions proposed by this bill are as follows: Sm: In compliance with the verbal request you made of me on the 7th instant) The estimates for the Army for 1877 are .. ____ ·-- .. -··---·--·-- ..• . $33; 697,14? 00 the ,000 men of all have been reduced to 22,000." This is the exact provision of the origi- arms, while our little Army musters only 25,000 men. In other words, nal Army bill as referred to the Military Committee. Great Britain gets five soldiers for what it cost~:~ the Unitefl State~:~ to Now, if this provision is unwise or the reduction too great, before secure the services of one and a quarter. If our Military Department any mischief or injury can result from it, Congre88 will be in session. were managed as economically as that of Great Britain, we ought to again in December, and the clause can be repealed. get an army of 100,000 ~:~oldiers for our expenditures of ~7,000,000, This, in connection 'with the fact that our Appropriat.ion Commit- instead of getting ouly one-fourth a-s many. tee, whose abilit.y we all acknowledge, and whose well-considered Tb~ army of :France costs about $88,000,000 per annum; and for economies are receiving the approval of the country, recommend it, this sum that republic secures an effective army, mustering in time prompt me to make no opposition to this feature of tho bill. of peace no less than 441,000 m6n. Here we see for an expen~e but Nearly all the other provisions of the bill are in the direction of litt.le more than half as much again as is asked for by the Secretary of I economy and reform, and will, as I have argued before and repeat War, an army of more than sennteen times the size of our own is now, make our Army organization far more efficient and useful. 'maintained. One word as to the economies of the bill. The re-organization of Sir, to consider further the increased and increasing expenses of the A1·my and the reduction of Army officers' pay bas not only been our own ol'ganization. In 1872, with an Army of ::30,000 men, the dis- severely criticised, but sneered at by gentlemen upon this floor, and bursements by the Pay Department alone amounted to $10,G83,181.60. even characterized'' as le~islation to punish the Army." The House, The Fort.y-third Congress reduced t.he Arn1y to 25,000 men. The however, passed the pay b1ll and the re-organization bill, and the Ap- disbursements to the Army by the Pay Department for 1873 were propriation Committee in the bill now before us adopt the reductions $11,797,810.78; for 1874, 11,797,810.78; for 1875, 12,171,130.92. This recommended. has been our Army management-a reduction of the fightin~ strength Under this bill the Army officers will be paid as follows: of the Army of 5,000 men, and an annual increase in pay ot one-half The Genel'al, $12,000 a. year. million of dollars, or an increase in three years in the pay of a reduced The Lieutenant-General, $9,000 a year. Army $1,487,949.:l2. .A major-general,$7,000 a year. .A brigadier-general, $5,500 a. year. Au examination into this matter will show that the reduction of .A colonel, $3,500 a year. 5,000 men by the Forty-third Congress waa not followed by a corre- .A lieutenant-colonel, $3,000 a year. sponding reduction of officers. A further examination will show that A major·, 2,500 a year. after deducting the la.rge amount of money paid our 2,168 commis- .A captain, (mounted,) $2,000 a year. .A captain, (not mounted,) $1,801.1 a year. sioned officers for qua.rters, forage, and fuel, we have been paying .An adjutant, 1,800 a year. them more money than we pay the entire army of 25,000 non-com- A regJ.mental quartermaster, 1,800 a year. missioned officers and privates. .A first lieatenant, (mounted,) 1,600 a year. This Congress was asked to appropriate by Secretary of War Bel- .A first lieutenant, (not mounted,) $1,500 a year. A secon«l lieutenant., (mounted,) $1,500 a year. knap for 'the support of the military establishment $33,m)7,178.50. To .A seconn ample fortune, ten ful demand of money by the War Department to defray the expenses upon a competency, ten upon a bare livin~, one ~o. the ~oor-hou~e, of t.ho military establishment. while the balance are supported upon family charities, which constat Adopting many of the reforms and reductions provided for in the of old clothes and cold victuals. bills report-ed by the MilitaryCommitteewhich have pas edthisHonse, Yes, Mr. Chaii·man, these salaries are sufficient, and not only suffi- the Appropriations Committee present the lnll nntler consideration. cient but satisfactory to the Army officers themselves, who recog- This bill appropriate~:~ $23,155,077.12 for the support of the military nize the necessity of a reduction of expenditures and expect to bear establishment 'for the next fiscal year, being $10,193,631.38 less than their proper proportion. the amount asked for in the estima.tes of Secretary of War Belkua.p. Mr. Chairman, to say that our Army management and Army legis- Mr. Chairman, this reduction is commendable for more reasons than . lation have been extravagant, wasteful, and hurtful to Army discip- one. }l.rst, because our financial condition demands of this House line has been too fully shown by development!:! made Rince this Con- the exercise of every reasonable and proper economy ; second, because gress commenced and too often proven upon this ftoor for me now to the reforms and new legislation upon which these reductions are ba.MCd detain the House with their rehearsal. will add to the efficiency and us~fulness of the Army, as is fully 1876. CONGRESSIONAL RECORD-HOUSE. 3841 sllown in the testimony of Army officers before the Military Com- this bill is now closed, and it will be read by paragraphs for amend- mittee. ments under the five7minut~ rule. The honorable gentleman from Tennessee [Mr. ATKINS] says he Mr. MILLS. I would like to ask the gentleman who has this bill will have to hold the Military Committee responsible for the reduc- in charge why it is that in reporting all the appropriation bills to tion mu.de in the lnli of the amount allowed officers for commutation this House the Committee on Appropriations have cut down the pay of q u;},rters. _ of all the officers and empJoyes of the Government except in the naval All officers serving without troops at posts where there are no pub- appropriation blll f lic quarters received before the war and during the war the follow- Mr. RANDALL. I believe that the naval appropriation bill is not ing amounts for commutation of quarters. I read from paragraph now under consideration. I can answer any question that pertaiUB 1081 of the Army Regulations of 18o3, page 161: · to this bill. The following rates of monthly commutation for quarters, when officers are serv- The Clerk n~ad as follows : ing without t.roops and a.t posts where there are no pulllic quarters which they can That the officers of the Army shall be entitled to the pay herein stated after their occupy, have been esta.lllished: respective designations: First. At Boston, New York, Philadelphia., Baltimore, Washington City, Charles- The General, e12,000 a year. ton, Key West, Mobile, anu New Orleans, and at all posts and stations in Texas, and Mr. FOSTER. I move to amend the clause relating to the pay of in tho Territmics of New Mex:i.C'l, Oregon, and Washin!!ton, $9 per room. Second. At Detroit, Chicago, and Saint Louis, and at a'li places east of the Rocky the General of the Army by striking out $12,000 and inserting $13,500. MountainR not heretofore enumerared, $8 per room. And I propose to make a like motion in relation to the next clause Third. At San Francisco, 20 per room; a.t all other places in California, $12 per applying to the pay of Lieutenant-General of the Army. The amount room. named in my amendment is the amount now paid the General of the At the time this wa.~~ the rule the pay of officers was less than it Army. . The compensation of the General and Lieutenant-General of now is, the currency of the country much less valuable, and the ex- the Army waa fixed, not because the Congress of the United States pen e of living much greater. · or the people of the United States thought that the offices required Of late this amount has been increased to $18 pPt room per month that amount of pay, but because a grateful people desired to give to throughout the country; so that now a colonel when on detail will the officers holding those positions a competency for distinguished. receive $90 a month or 1,080 a year as oommutation for quarters, services. For that reason, and that reason alone, was the salary of while the colonel upon the frontier, who lives in a tent and daily risks the General of the Army fixed at $13,500 a year. his life in Indian warfare, gets no commutation of quarters. It should be remembered also that these offices expire with the A lieutenu.nt-colonel, or a major, having a good time on duty at the lives of the generals now occupying them. I appeal to the gentle- Cen"tennial, draws $70 a month as commutation of quarters, while men on the other side of the House, especially to those who fou~ht the lieutenant-colonel or the major on duty in the field draws no com- on the opposite side during the late war, to stand by this propositwn mutation of quarters. of reward to these distinguished generals, and let them continue to The captain on detail draws $54 a month na commutation for receive what a grateful people in .the hour of their triumph thought quarters, and the lieutenant $36. they ought to receive. The bill gives these officers on detail as commutation for quarters Mr. MILLS. Why not makft the salary of the General of the Army the following amounts : A colonel, $12 per room per month, $60 a the same as ·that proposed for the Admiral of the Navy, $13,500 a month, or $720 a year; a lieutenant-colonel, or major, $48per month, year' or $576 a year ; a captain, $36, or $432 a year; and a lieutenant, $24 a Mr. FOSTER. We are not dealing with the Admiral of the Navy month, or 288 a year. now. In the opinion of the Milit:u-y Committee, this was a fair and just Mr. BANNING. Inreplytomyfriend from Ohio [Mr. FOSTER] I have reduction to make. The House, in passing the pay bill, approved but this to say: the General of the Army is now receiving $!8,081.91 this reduction. This makes a saving of $107,839.30 a year. , a year. The pay for the General of the Army was first fixed when I ask to have read the following extract from the letter of a dis- General Grant was appointed to the position, and during his time it tinguished officer of our sen ic~ on this subject. was reduced a small sum. The Clerk read as follows: The Committee on Military Affairs took this matter fully into con- The old allowance when I entered the .A:rmy for officers was $9 per room. It is sideration and reported to the House in favor of reducing the pay of now 18. Cut it down to 12, in other words, cut down the estimate fot· appropria- the General of the Army to $10,000 a year, believing that that was tion for renting officers' quarters 33! per cent. This will hire them better quarters sufficient pay for that officer at that time. He was then living at than they get m garrison. In fact, the pay of bfficers bei.B.g fixed by law, but the allowances being largely fixed by officers at Washington, tbQ allowa.nces are largely Saint Louis. Since then orders have been issued transferring the iu excess of the pay, and have continually grown that way. headquarters of the Army to Washington, and the Committee on Ap- The pay of captain is now $150 per month, as against $125, or thereabouts, in 1861. propriations have reported in favor of giving the General of the Army The allowance for quarters is jllllt double, or 100 per cent. iu.crease, as against 20 $2,000 more; that is, $1,000 a month. per cent. of pay. In the English army offi~s in their colonies receive double pay; in ·India. qnad- I think that is good pay in this country at this time. It is large ruplt'. In ours the officer finds his compensation de~rea.se as his service and risks pay for him. grow greater. For instance, a captain taking the field has no quarters or fuel for The gentleman sn.ys this was given to him because he was a dis- fii s family; has to board them somewhere out of his $150 a month. In garrison he tinguished soldier in the Army. I grant it; but how many distin- ba modest quarters assigned him and fuel brought him. He has a cook-stove, some pine-table , and five chairs, and his $150 a month besides. Let him get a detail in guished soldiers of the Army who were major-generals, r~~ular-.Army a city and he finds himself allowed 54 a month for quarters and an av&age of $40 officers-such as Stanley, who saved the battle of Franklin-are to- for tuel, or an addition of two-thirds to his pay. day not only not receiving the pay they then received, but reduced This is either too large for allowances or too small for pay. from the pay of major-general and simply receiving the pay of a col- Again, by taking the reduction out of the allowances, the condition of the officer on duty with his men is more nearly like that of those who are more favored. Re- onel in the Army! Not only Stanley, but hundreds of others have ducing the allowance will do something toward preventing such a pressure of been thus reduced. · officers to get on all sorts of boards which take them to cities; boards to bny horses, This Government cannot pay these men with money. Money will boards to examine fire-arms, centennial boards, &c., and the morale of the Army would be thus far improved. not reward them. They did not risk their lives or give their blood BclieVi.n.,. that the q ne tion of where to pare would come np and that some paring for the money to be paid, but for their country. is mevitabYe. I would respectfully invite your attt>ntion t~ the result of my fifteen But, sir, to-day, when the Government pays the General of the' Army years' experience as a captain in the line. I woultl not turn any laundress away, $12,000 a year, is it not paying him well T It pays him more tflan any but would dispense with them as fast as they naturally pass out. For a. last item, q nit bnilUing forty-thousand-dollar houses for second lieutenants officer of the Government except the President of the United States. of ordnance t~ live in, rutd quit building one-hundred-and-fifty.thousand-dolla.r I would gladly give this to the distinguished General of our Army, houses for commanders of ordnance depots to live in, even if it aoes employ men but it is not mine to give. Nations must be just before they are in somebody's congressional district. For further information on this h63(1, look generous with the people's money. Nay, I do not believe it is the at ordnance buildings at Rook Isla.nd. right of a legislator under any circumstances to be generous in giving Mr. HURLBUT. Who is the writer of that letter T more of the people's money than necessity requires. Let us in place Mr. FORT. Give his name. of increasing these salaries decrease them, and thus reduce the bnrden Mr. BANNING. The letter was written to a gentleman on the Com- of taxation imposed upon the people. Let us not give it all to the mittee on Military Affairs, the gentleman from Virginia, [Mr. 'l'ERRY.] General of the Army, but let us also be just to others. Let us reduce The writer is an officer on duty on the frontier. I do not choose to as far as may be right the burden of taxation, which to-day is piled. give his name in order to submit him to persecution. upon a million and a half of the very men who fought in our Army to Mr. FORT. We do not want any anonymous letters here. save the Government and who are now getting nothing. Mr. BANNING. The letter is not anonymous, but the letter of a This is a fair reduction. The House has agreed to it once. I trust gallant and able officer. it will stand by it now. I believe this is enough. It is as much as I trust this bill will receivQ the cordial support of the House and the couutry will justify us in giving. It is as much as we ought to be pa-ssed without unnecessary delay. I am glad, sir, that the pro- give. The Milit.ary Committee agreed to it. The House agreed to it visions of the pay bill of the Military Committee are embodied in when it was less. We ought to stand by it now, because I think it is this bill for another reason than those I have mentioned. When the enough. pay bill passed this House many gentlemen who generally vote right, [Here the hammer fell.] wlJO diU.nothave an opportunity to examine that bill, followed blind Mr. HURLBUT. I move to strike ont the last word. leaders and voted against an economy which is not only fair and just, I do not intend to antagonize the clear nght of the majority of this but which is generally approved by the men whose salaries are re- House, which I have always believed in, to shape legislation; nor duced. do I intend to throw any obstacle in the way of the rapid progress of The CHAIRMAN. By the order of the House general debate upon business. Especially it was not my intention to attack the reduction IV-241 . 3842 CONGRESSIONAL RECORD-HOUSE. JuNE 16, made by this bill u.s it had been passed upon by the House already in ·that any cutting that has beendoneasagainsttheArmy basrn.ther been the military bill. But as the question ha-s come up here now, I de- done by those who stood by the Union in every respect during the sire to submit to the House there is a great deal of force in the sug- conflict. gestion made by the gentleman from Texas. This House has no right I do not think that this bill in any degree impairs either the effi- to place the Admiral of the Navy, whose assimilat-ed rank is precisely ciency of the Army or the esprit de oorps at all. No such purpose is the same as that of the General of the Army, upon a different and intended. better footing. And as the naval appropriation bill continues this Of all the appropriation bills that have been submitted to the House pay of $13,500 to the Admiral of the Navy, it is simple justice to the there has been none, so far as I have been able to see and know, that ~ General of the Army he should stand upon the same basis, given by has received more generally the approval of the Department with the the nation long ago. The two ranks are precisely alike. Therefore, discharge of whose duties it is connected than has this bill. There sir, I hope we may have a fair and distinct vote on that question -and is really no comp1aict, so far a.a I know on the part of the Department upon the one which is to follow in regard to the rank and pay of the as to the changes proposed, although there may be a difference of opin- Lieutenant-General of the Army. ion as to some minor points. There is really no objection to the bill Mr. RANDALL. I wish to direct the attention of the gentleman on the part of the War Department. from lllinois to the fa-ct that in theNavy the officers partook of prize- Mr. FOSTER. I do not propose to make any factious opposition money, from which officers of the Army were debarred. Naval officers to thie bill. Perhaps I will not occupy the floor again. I ro e simply not only bad that opportunity and realizeO. enormous benefits, but to say that the gentleman from Ohio, my colleague, the chairman of the same advantage is open to thom in the future. the Committee on Military Affairs, and the chairman of the Commit- Mr. HURLBUT. And is that the reaBOn therefore you should keep tee on Appropriations have stated to tbe House that this bill is in their pay high f accord with the views of the Army officers and of -the War Depart- Mr. RANDALL. No, I wish it to be equal. The pay of the Admi- ment. Tbey have failed to produce a single line from any single ral should be $12,000. officer to that effect, and I wish to say that so far as my int-erviews Mr. HURLBUT. But bas it not been passed f with those gentlemen are concerned, I should be disposed to take Mr. RANDALL. It has not been considered, so far as I know. · We ex:tctly the contrary view on this question. have raised this pay from what the House and what ~he Military Mr. RANDALL. I spoke of the main, of the large reductions; I Committee recommended. did not speak of the reduction of these salaries. Of course they Mr. MILLS. It is being considered as an amendment to the naval have human nature as well as the rest of us. appropriation bill. Mr. FOSTER. This bill, for the number of officers and the size of Mr. HURLBUT. The pay of the Admiral so far as the action of the the Army proposed, so far as I can juy assigning him to this honorable position of staff officer to in- and it was not agreed to. cur a larger expense than he would if he were in garrison or in the The Clerk resumed the reading of the bill, and read the following: field. I think it is just and right, and I hope-the substitute will be A second lieutenant, {not mounted,) $1,400 a year: Provided, That for the first adopted instead of the section as it now stands in the bill. · four years' service second lieutenants {mounted) shall receive $1,300 a year and 1\lr. RANDALL. I hope the amendment of the gentleman from seconlllleutenants {not mounted) shall receive S1,200 a year. Illinois will not prevail. The third section gives no additional pay .Mr. HURLBUT. I move to strike out the proviso of the paragraph to an officer because of his assignment to staff duty, and in my judg- just read. I make that motion in order that I may have the oppor- ment. there should be none, for the officer who is assigned, taking in tunity to state to the House, from some knowledge of this matter, his period of service, takes his chance as to that assignment. Indeed that the first four vears of service of an officer who comes from West thme has been no little criticism in reference to these assignments of Point are among the most expensive years of his life. During that officers to staff duty. time he is compelled to provide himself with his outfit and all tho Mr. HURLBUT. And very properly so. necessary equipage of his position. I do not believe in the justice of Mr. RANDALL. There bas been much criticism which I do not ma.king the distinction proposed by the Uommittee on Appropriations propose to discuss, as it would be entering upon 1)ersonal matters, in in this proviso: that for the first four years' service the pay of second reference to wllich at tllis time I do not wish to allude. The fact is, lieutena.n ts shall be cut down $200 a year. Mr. Chairman, these staff assignments are very desirable and much Mr. BLOUNT. Is not that outfit procured from the pay of the songht after. There. are no officers hardly in the Army anywhere who lieutenant while at the Military Academy Y do not desire them. They are gen'3raUy very pleasant positions. The .Mr. HURLBUT. No; he never has enough of that pay left over consequent increased pay has been the occasion, as we learn, of a. for the purpose. good deal of feeling and heart-burning in the service. "\Ve therefore l\fr. BLOUNT. I understood from the course of the debate on the have deemed it best to do away entirely with this discrimination as Military Academy bill that the outfit of the lieutenant when he left to pay in favor of staff officers. . the Academy was provided from the surplus of his pay as a cadet. Let me say t-o the gentleman from Illinois that this was done after Mr. HURLBUT. That is not so. There never is.a sufficient surplus a good deal of re:tlection and consultation. · for .t he purpose. Mr. HURLBUT. Let me state to the gentleman, in order that the Mr. BANNING. I would say to the House that this proviso was House may understa.nd this matter intelligently, that the law and 3844 CONGRESSIONAL RECORD-HOUSE. JUNE 16~ 1·egulations as they stand provide that if you take a captain from the came. He is unfit for the office of a minister in any chnrch. His line and make him an aiu to the General of the Army, he shall have life, for the period of fifteen years he has been in the service, has the rank and pay and emoluments of a colonel, which is entirely too unfitted him for the kind of duty from which he was taken when he much, I admit ; and that if you detail the same officer and make him was made a chaplttin. I am unable to conceive of any good reason aid to the Lieutenant-General, he shall take the rank and pa.y and why these men who are to serve in the Army as chaplains should be emoluments of a lieutenant-colonel, and that is too large a premium. compelled every four years to seek re-appointment. I say it is simply Bnt, sir, I believe the amendment I have suggested will relieve all degrading a high and sacred office. this heart-burning. I do not make so broad a distinction between Mr. ATKINS. I differ with the gentleman from Minnesota. I · such service and the line service. Yet the amendment provides that think, sir, as regards th~ chz,plain who proves himself efficient and the officers assigned to staff duty shall have a sufficient increase of worthy there will be no difficulty in his being re-appointed to his pay to meet the necessary and inevitable expense under the circum- position without any office-seeking on his part. If, on the contrary, st-ances. he shouldnot be an acceptable chaplain, it would be rather hard on Mr. RANDALL. The impression made upon my mind and the con- the soldiers to have him fasteiJed like a barnacle upon them all his clusion which I have reached satisfy me that any difference in ref- life. I think that the change proposed is a good one. If he is an erence to pay given to the officer by reason of favoTitism becaust) of efficient man, there will be no difficulty about his being re-appointed. his assignments we may as well understand are a species of favor- If he is inefficient, it would be rather hard upon the service to haTe itism, officers having been known to assign their own sons upon their him remain all his life, or as long as he chooses, in a position for staff; that any difference in reference to pay will continue the heart- which he is not fit. burning of which I have already spoken. The House can readily see Mr. BANNING. I move to strike out the last word. that when increased pay is give~, to these special assignments to the I wish to say to the gentleman from Minnesota [Mr. DUNNELL] that st:Yf how that will bring about heart-burning. To remedy all such this was a suggestion that came from the Military Committee. It heart-burning in reference to these assignments the best way, in my came originally from General MAcDouGALL, a member of that com- judgment, is to provide there shall be no discrimination at all a.s to mittf'.e, and I wish to give the gentleman the reason for it. 'fhis pay, 'OO.d that is what this bill proposes to do. change was recommended because it tuTned out on examination t.hat Mr. KELLEY. If my colleague will permit me, I would like to. the majority of the chaplains in the service are not very worthy men; suggest to him that the modification proposed by the gent.leman from that as a whole they are not very useful men. This amendment was lllinois seems to me to be an equitable one. introduced in order that the appointments might be made over again, Mr. RANDALL. It is in the right direction. and that the Army might get the advantage of having better chap- Mr. KELLEY. It is a long step in the r.ght direction. And I do lains. not think that the difference between the office filled by the officer On this subject we have much testimony; and I desire to have read assigned and the grade above him, a.s between a captain and a major, the opinion which General Palmer has of the Army chaplains, and or between a major and a lieutenant-colonel, or between a lieutenant- then I believe my friend from lrlinnesota will have n~ objection to colonel and a colonel, would lead to heart-burning, or would be so the law being made as proposed in this bill. I hope every gentleman material as to induce gentlemen to seek assignment.s. Nor do I be- will listen to this passage, that he may see the reasons for the change. lieve that in perhaps a majority of cases in time of peace would this The Clerk read as follows: pay the additional expenses entailed by the assignment. I think that I cannot leave t.b is subject, however, without bringing to your attention what this might be done by general consent. It would be a long step in almost every intelligent officer considers the greatest incubus in tho Army-tha.t the right direction. is, the post chaplains. A more useless and worthless set of drones anti idlers were • Mr. RANDALL. It is not far enough. That is the only trouble . It still leaves the occa~ional heart-burnings that would arise from never fastened upon any hotly of men. The men who have been appointed to these posit.ions are generally characterless men. who are no example to either the offictetter send them on to the Texas frontier, for I believe strike out these cha.plaius in the Army who had been appointed on gentlemen are clamoring here, and no doul>t justly, for protection the supposition and in fact uuder a law which made them perma- against raiders and marauders who come into Texas from the .Mexi- nently in the Army. The proposition of the Committee on Appropri- can territory. If I had my own way I would seud all these troops out ations is that in all future appointments it shall be for four years of the Southern States and send them to the frontier, for that is the only only. There is a good delll of force in the argument as to the charac- place where they are needed, and for the protection ofthe frontier in ter of these chaplains who are willing to go into the Army. Some- my jud~ment 20,000 men is sufficient. times we get chaplains in the Army who do not come up to the Mr. ATKINS. This section only applies tp the regiments; it does religious standard, and hereafter every four years we can adopt tha not apply to the mean force. old Methoilist policy, of probation and if a chaplP.i n does not come up Mr. SCHLEICHER. I offer the following amendment: to the requirements of the service we can get rid of him. As it is In section 6, lines 1 and 2, strike out the words "is hereby reduced to eight" and now, a bad chaplain is fastened upon the service for his life-time. insert" sh:1ll hereafter be twelve;" and in line 3, strike out the wortls ,-, twenty- There is a great deal of force in the amendment proposed by the Com- three" and insert "reduce to eighteen." mittee on Military Affairs which applies to chaplains hereafter ap- The effect of this amendment is to reduce the total number of reg- pointed, but the Committee on Appropriations hesitated to ma.ke war iments, but it. increases the cavalry service. The service actnally upon chaplains, even though-sometimes chaplains that have received done upon the frontier is done by the cavalry. You ne-ed infantry appointments do not have those evangelical qualities which ought to only for garrison duty. I will read one sentence from General Onl's predominate in that cla-ss of human nature. testimony before the Special Committee on the Texa.s Border Troubles: Mr. BANNING. Isuggesttothe gentleman thathemakean amend- Question. I suppose that only cavalry is available for active purposes~ ment to strike out the words " hereafter appointed ; " so that it will Answer. The cavalry is much morerapidlycmJCentrated atanypointon the river read: than infantry would be. This sort of service requires cavalry, for these men are all That all chaplains shall be appointed for a. term of four years only, subject to mounted, and to send infantry after them would be like sending the tortoise to re-appointment by the President, with the advice aml consent of the Senate. catch the deer. Mr. ATKINS. The gentleman can submit that motion to the com- He refers to the Mexican raider upon our border, and the raiders in mittee and the committee can act upon it. these cases are all mounted. The question wa-s taken on Mr. Dum."'ELL's motion to strike out the The same is true of the Indians who commit depredations in Texa-s, fifth section of 1!be bill, and it was not agreed to. and therefore infantry is only useful on the border for garrison duty. Mr. BA.J.'lNING. I now move to strike out the words "hereaft.er ap- This amendment is for the purpose of making the total number of pointed," so as to make the section apply to all chaplains, those now re~ents thirty-one. Now I propose to reduce the total to only in the service as well as to those hereafter appointed; and I wish to thirty-one regiments, but have them distributed in a difterent man- sav that the letter read here from General Palmer shows that it ner, so that hereafter there will be twelve regiments of cavalry and should apply to all chaplains. onlyeighteenregimentsofinfantry, insteadoftwenty-three, asthe bill The question wa-s taken on Mr. BANNING's motion ; and there here proposes, and you cannot reduce the cavalry without involving were-ayes 35, noes 27 ; no quorum voting. very great injury on the people of the frontier. Tellers were o1·dered ; and Mr. DUNNELL's and Mr. BANNING were I therefore propose that this section shall be amended as I have appointed. indicated. The proposition of the Committee on Appropriationg 'l'he committee divided; and the tellers reported ayes 42, noes not is that the present number of cavalry regiments, ten, shall be reduced counted. to eight and that t.he present numberof.infantry regiments, twenty- So the motion was not agreed to. five, shall be reduced to twenty-three, making a total of thirty-one The Clerk resumed the reading of the bill, and read as follows: regiments. I propose to reduce the total number of regiments to thirty, SEc. 6. That the number of cavalry regi.ments is hereby reduced to eight, and the instead of thirty-one, but to have them proportioned iu a different number of artillery and infantry regiments to twenty-three. And the Secretary manner; thatis, thatthereshallhereafterbetwelveregiments of cav- of War, as soon as the requirements of the service will permit, holding in view the alry and ouly eighteen regiments of infantry. least expense on account of transportation, shall cause the reduction to be made by the merging of the enlisted men into other organizations, either of their own or Mr. THROCKMORTON. I would inquire of the chairman of t.he other regiments, by the consolida.tion int() troops, companies, or otherwise, and the Committee on Appropriations [Mr. RAND~] what will be the dif- assignment of the commissioned officers to duty with the consolidated troops or ference in cost between the proposition of the Committee on Appro- companies, or with other regiments of their respective arms: Provided, That the priations and the proposition of my colleague, [Mr. SCHLEICHER 1] officers of the discontinued regiments may be assigned to other regiments of their respective arms, according to their da.tes of commission, as vacancies may occur, 1\Ir. RANDALL. I think the expense of a cavalry regiment now is and any officer, on his own application, may be honorably discharged with one about $708,000 a year and of an infantry regiment about 330,000 a year's pay; and sections 1104 and 1108 of the Revised Statutes are hereby repealed, year. It must be remembered that there are more men in a cavalry and hereafter there shall be no distinction in the service on account of color. regiment than in an infantry regiment. Mr. DURHAM. I move to amend that section in the third line by Mr. HURLBUT. A regiment of cavalry costs more than twice a-s striking out the word "three" after the word "twenty," so as to re- much as a regiment of infantry, partly because the cavalry regiment duce the number of regiments to twenty instead of twenty-three. is larger. Mr. Chairman, at the commencement of the last session of Con- Mr. ATKINS. In answer to the gentleman from Texa-s [Mr. gress my recollection is that the whole military force of the United THROCKMORTON] I will say that the cost of a cavalry regiment is States amounted to 30,000 men. During the last Con~ress the mili- $708,216 a year, of an infantry regiment $331,985 a year. As the gen- tary force was reduced 5,000, and now under this bill J. see that the tleman from illinois [Mr. HURLBUT] has said, a cavalry regiment Committee on Appropriations propose to reduce it ~,000. I had sup- costs more than twice as much as an iufantry regiment. posed after making some very thorough investigation of this subject Mr. SCHLEICHER. Allow me one moment. I would call the at- during the la-st Congress that the standing military force of the United tention of gentlemen who are familiar with the service to this fact, States ought not to exceed 15,000 men. It is true that I am willing that if the number of men in a cavalry regiment is made as small as to submit in some degree to the estimates made in this regard by the in an infantry regiment the service will be so heavy upon the troops Military Committee and by the Committee on Appropriations, but if that there must be very frequent remount-8. With a small force all I could have my own way I would not have one single man in the the regiments would be continually in the field, and the horses service exceeding 15,000 men. I am willing however, to concede would have no opportuuity for rest. If a cavalry regiment should that the number stand at 20,000, and my amenKment contemplates re- be made as small as an infantry regiment the additional cost in the ducing the force to 20,000, and when we come to the second clause of way of remounts would make the total expense as large as it is now. this bill I shall offer an amendment, in c~e my amendment prevails, Mr. RANDALL. There are twelve companies in a cavalry regi- to make it conform to the first one. ment and only ten companies in an infantry regiment. Now, why do I make this statement f When I look to the vast · Mr. THROCKMORTON. I trust the amendment of my colleague North west, to the Middle and the Eastern States, I do not find any cause [Mr. SCHLEICHER] will be adopted, for I think the reasons why it there for military force except upon the frontier; but as soon as I pass should be are very cogent. I will not speak of any other portion of a certain line, dividing the North from the South, I find a company the country than that with which I am personally acquainted. From here and a company there in States where, in my humble judgment, the Canadian Fork, on the northern border of Texas, to the Rio there is no ne?essity for a standing Army. Let mo illustrate. In my Grande, is about seven hundred miles in a direct line,. rather more own congressiOnal district ever since the cessation of hostilities there following the line of frontier. From Brownsville to :F;l Paso, on the has been a company quartered at Lancaster, in the county of Garrard. Rio Grande, is some one thousand or twelve hundred miles more,- I am sorry to say that they perform no services. · making a total line of frontier of about sixteeij. hQ.ndred 111-iles, whic}J. I may refer also to another company stationed at Leb::mon, .Marion is exposed on the one band to Indian depredations and on the other County, in the district of my distinguished colleague, [Mr. K...•WTT.] to Mexican 1·aiders. 3846 CONGRESSIONAL RECORD-HOUSE. JUNE 16, It is a fact, which mnRt be known to every gentleman on this floor Army at all. If in the great zeal and patriotic ardor for economy it who is at all acquainted with the necessit,y of the kinu of service re- must be reduced, I hope the House will so reduce it that as little in- quired on our frontiers, that infantry is almost entirely useless. They jury as possible will result to those sections that are very inadequately would be of but little service, except it be at Fort Sill, where they protected, and have been to an extent and for a length of time, in might be of service in restraining the Indians about the agency. But 1he language of t.be gentleman who has just taken his seat, as to make for the pursuit of Indians and the protection of the expo ed line of it a disgrace and reproach to the Government. frontier, infantry are almost entirely worthless. That applies equally When gentlemen speak of there not being a necessity for as many well to portions of the Territories of New Mexico and Arizona, and troops a.s heretofore, they seem to overlook the changed condition of perhaps other portions of our territory. the country and especially the changed policy in reference to the use In the active duty, the :field uuty required of the Army, with a of troops. When the frontiers were as before, the condition of the comparatively few exceptions, cavalry troops woulu renuer ten times Indian service did not necessitate by one half as many soldiers as at the service that infn.nti·y troops could do. I do not know what num- the present time. We have undertaken, and probably wisely, to con- ber of infantry is now engaged in that service, but the troops so en- trol by military presence the Indians. Hence we find the great body gaged should be almost entirely cavalry. Althou~h a cavalry regi· of the Army employed in that duty. 'I'here is imminent necessity for ment may cost more than an infantry regiment, still I believe that in them in the extreme North west, where the Sioux are now threatening the end it would be a grea.t deal preferable in the way of economy to war. A large portion of the Army is employed in New Mexico and adopt the proposition of my colleague [Mr. ScHLEICHER] in lieu of Arizona, and some considerable number in the Indian Territory. I the proposition of the ~entleman from Kentucky, [Mr. DURHAM;] believe seven or eight companies are emplo~·ed at Fort Sill. and I hope the proposit10n of my colleague wiH be adopted. At an early day of this session, in company with my colleagues, I Mr. RANDALL. A bill bas already passea the House to reduce the called upon the President. We laid before him the facts, which were number of cavalry regiments in the Army. Tpe present number of not unknown to him, with reference to the condition of affairs on our cavah·y regiments in the Army, if I am correctly informed, is only Mexican frontier; that along the Rio Grande, from its mouth to a. ten. The proposition of the gentleman from Te~as [Mr. ScHLEICHER] distance of over four hundred miles in the interior, a citizen of the is to increase the number of regiments of cavalry to twelve, or to United States bad no protection for life or person ; . that in many in- make the number two more than we now haYe. I do not t.hink that stances our citizens were compelled to abandon their property and is desirable. There might be some propriety in continuing the num- seek safety in little towns and villages. His reply was that he had ber of cavalry regiments at what they now are, and make the reduc- no disposable force suitable for that purpose; that if be bad cavalry tion of the Army apply entirely to the infantry and artillery. If I sufficient he would like to put it there; that it was dispo ed as well am well advised, I think it is a practice in the Army to mount some as it could be, in the judgment of those having charge of that branch of the infantry whenever a necessity requires it. of the service; that if he had the power he would properly mount Mr. MILLS. I wish to ask if my colleague, the chairman of the and arm the infantry, thus giving to that exposed frontier protection. Committee on the Texas Border Troubles, [~1r. ScHLEICHER,] has not This subject has been one of most laborious investigation by a com- reported from his committee and recommended that there be two mittee of this House at this session. The report of its labors has auditional cavalry regiments provideu f been lying on members' desl{S for two months, and those who have Mr. RANDALL. The Committee on Military Affairs, which is the had the .inclination to look at it must feel that we have had can e final arbiter in such matters so far as this House is concerned, reported for war with Mexico almost any day for the last ten years, and even a bill which wa passed by the Ho'nse reducing the number of cavalry before that time. regiments to eight. I hope the amendment increasing the numbcl' of At present there is a little lull and cessation of incursions in that ca.valry regiments will not be adopted. immediate section of the country by reason of the faot that a revo- Mr. HURLBUT. This section 6 contains some of the most impor- lution ha.s been going on on the other side of the Rio Grande, which tant changes that are proposed to be maue in the organization of the has given employment to the desperadoes and marauders who have Army. I will ask the House to bear with me, although I may be out- heretofore been engaged on our frontier. 'I'hat is about over, and we side of the strict rules of order, in speaking of the different proposi- cannot doubt that the incursions will be resumed, probably wit.h in- tions which are made he1·e, and showing what, in my judgment, will creased force and determination. Cortina, the chief of the ba.ml of be the conveniences and inconveniences of the changes proposed. robbers, has made his escape, and will make his return to his fast- The present number of oavalry regiments in the United States nesses in Tamaulipas, and he will make an effort to re-imburse him- Army is ten, of artillery regiments five, and of infantry regiments self for his losses ther day, ~he people if thero was a reduction of the force of the Army it must necessarily are asking how they may protect themselves against armed bands of come from the Texas frontier. Now what will be the pitiable posi- idle and hungry workingmen. tion of the people of Tnxas when the three thousand men, the extent Nearly three years more of this honible !He lies before us. I warn to which this bill reduces the Army, are withdrawn from the Texas my colleague [Mr. RANDALL] that any economy that will prevent the frontier! You impose upon the State of Texas the duty of raising Governmet;tt from doing as the British government did, ride down additional f:>rces and maintaining them out of their own resources. the starving people with dragoons, bayonet them by t.he infantry, and Is that right~ Why did they come into the Union if t.hey are to main- force them into submission to legal robbery, may, if the t;esumption tain themsel_ves a~ainst all foreign powers t One of the main reasons act is to be maintained and enforced, deprive the Government of the why States come mto this alliance is to gather additional strength to power to enforce the law. maintain themselves a~ainst all foreign powers. But if the resumption act should be repealed, if we quit burdening I am very much afratd, Mr. Chairman, that we have indulged this the community with increased· taxes for the purchase of silver for idea of economy in this House until it has become a mania, and we small change, and give them the currency they once had, a medium are always talking about economy. Why, sir, you may save every of exchange sufficient in volume to enable the employer to buy labor, dollar you now spend by dissolving the Government entirely." That and the laborer, having sold his skill and knowledge, to pa.y for and would be economy, and you could save two or three hundre(l millions consume tho products of others, we may escape the need of an army of dollars a year by it. · in our manufacturing centers. lJut, on ihe other hand, if the fimtn- [Here the hammer fell.l cial legislation now prevailing is to be maintained, I warn my col· 3848 CONGRESSIONAL RECORD-HOUSE. JUNE 16, league and all other mad economists against depriving the Govern- I think I am entirely safe, Mr. Chairman, in saying there are five ment of power to maintain order in our mining and manufacturing thousand men east of the Mississippi River. The gentleman from interests. Texas has studied this subject more thoroughly than I have, and if I Mr. RANDALL, We do not want to employ the Army a.g ainst the am not correct, be will please correct me. I think I am entirely safe poor. in saying that east of the Mississippi River there are at this time five Mr. REAGAN. What we should do is to make all proper reduc- thousand men. There are posts at the eastern extremity of Lake tions in the expenditures of the Government. In making those reduc- Superior, at Mackinaw, at Detroit, and at Port Huron, and a long tions, however, we should look to the practical necessities of our series of posts in the northwestern section or the Uniori, remote from people. the Indiam frontier, and not required for any purpose of defense, The chairman of the Committee on Appropria.tions [Mr. RANDALL] where the number of companies range from two to seven in the ag- suggests that on looking over the distribution of the present military gregate. I think I am safe in saying that at least five thousand men force of the United States he finds that t.here are some three thousand are now stationed where they are not required for any military serv- troops stationed along through the Southern States where there are ice. Suppose it is necessary, a.s was tmggested by the gentleman a no Indians, no hostile enemy; and be supposes that we could well little while ago, that they will be needed for the enforcement of our dispense with that number of troops. But whatever may be the revenue laws, suppose it should happen in eome portion of the countr¥ cause of the present distribution of the troops a reduct.ion of the force it should be necessary to use some of our soldiers for that purpo e, by the number suggested by him will not, I apprehend, have the an event to be regretted and deplored, yet I do not think any one effect of taking them away from the Southern States. If it would do will be willing to agree there would be any necessity for having so so I would agree cheerfully to support the reduction. But we can- many as five thousand men for that purpose. not, at least for the present year, under the policy which has been :Mr. .MILLS. My colleague stated that when the Texas delegation pursued by the existing Administration, expect that the troops will called upon the President to a.sk him for protection of the frontier, be taken away from those Sta.tes. he stated tnat he bad no disposable force to afford any more protec- Some of them may be necessary for ordinary purposes, as hae been tion than was given to the frontier of Texas. The gentleman from suggested, for the purpose of enforcing our revenue laws. Others may Indiana must remember that force on the east side of the Mississippi be used there for other purposes which I will not now spe .k of, be- River is to be continued. The only question, then, is, if you are going cause t.hey are not material to the object I have in view. to reduce the Army, are you going to take away the protection we If we look for what constitutes the real necessity for troops, we now have upon our frontier f will find it is the protection of the people on our frontiers. When we 1\Ir. HOLMAN. Why maintain the posts with five thousand men compare the present military necessities with those of the past, we to the ea.st of the Mississippi, where they are not required for any ought not to lose sight of some material facts. One of them is, that military service f by the extension of railroads across the continent, by the advance- Mr. MILLS. That is a question between you and the President of ment of isolated settlements into the different Territories, we have the United States. not only not shortened the pre-existing exposed frontiers, but we have .Mr. HOLMAN. We have troops stationed at Detroit, Port Huron, increased the extent of frontier settlements which demand protection and at Mackinaw, in Michigan. at the hand.s of t-he Government. Mr. HURLBUT. Does the gentleman wish to know why' "\Ve cannot therefore expect, if the Army has done its dut.y in the The CHAIRMAN. The time of the gentleman from Indiana has past, as we presume it has, that it can do the same duty with a less expired. . number of troops or with the same efficiency when greater service is Mr. HOLMAN. I hope I will be allowed a single moment to make required. . a suggestion. There is a demand for troops not only along the 'J'exas border but I only wish to say that in point of fact, without reference to the in the neighborho.od of the Sioux Indians and elsewhere in the Ter- motive, there are on the east side of the Mississippi at least five thou- ritories. The Indians, on account of encroachments of white settle- sand men. I have not been able to see any detailed statement for ments upon their territory and on account of their disturbed condi- the last two years showing the exact number in the various posts east tion, are restless and disposed in many instances to be hostile. I trust of the Mississippi River. But., judging from the numbers two years we will in a spirit of humanity deal with that problem, but we must ago, I think I am entirely safe in saying that there are at least five be so prepared a.s to protect our people. thousand men now east of the Mississippi River. If that be true, the .My colleagues have called the attention of the House to the fact only question with reference to the protection of the frontier of Tex~ as of the actual condition of war which has continued a.long the Texa.s to the military demands of the country is what should be the character border upon the Rio Grande for ten years past. Evidence has been of this force. sn bmitted by which it is shown that millions and million"! of dollars' Now I desire to submit this proposition more as a proposition than worth of property have been destroyed, and hundreds of citizens, as an amendment, that the cavalry regiments be limited to ten and not only private citizens but officers of the Government, have lost the infantry and artillery regiments to twenty. The question as to their lives for lack of sufficient defense and protection on the part of the number of men, whether 25,000 or 22,000, is not involved in this the Government. I concede, so far as protection upon our border proposition. That comes up when that portion of the paragraph is against Indians is concerned, it bas been better for t.he last two or reached. I ask the gentleman from Texas if that would not be en- three ye·a rs than for a long time before, but it is not as efficient as de- tirely satisfactory f siTed and as efficient as it ought to be. 1\Ir. HANCOCK. That is the number now, and the President stated In addition to what the Government spends for the protection of that he was not able to give more men for the service on the frontier. our frontier against Mexicans and Indians, I desire to call the atten- .Mr. HOLMAN. Having consulted with the other gentlemen who tion of the committee to the fact that up to the 23d of December have been concerned in preparing this bill, I make the motion-! be- la-st the government of Texas has paid out ·1,536,489 for the defense lieve it can be put as an amendment to the pending proposition-that of her borders. It has not yet been re-imbursed to the State of Texa-s. the cavalry regiments be ten and the number of artillery and infantry I take it that it is better the Government should take the defense of regiments twenty. I offer that as an amendment to the substitute now the frontier into its own hands by its own troops than to drive Texas pending. or any other State at its own expense to protect the frontier and then l\Ir. HURLBUT. If my friend from Indiana desires to know the to remain for a long time without being re-imbursed. We owe it to manner in which the Army is distributed I will be happy to furnish the people, a.s it was suggested a while ago, in a government like ours, him the information. A.s a matter of fact all the ten cavalry regi- that our ci.tizen.s ought not only to feel proud of their citizenship, but ments of the United States are now in active service on the frontier; to feel absolutely secure of the protection of the Goverument. every one of them. Every man that they can carry is in active serv- [Here the hammer fell.] ice on the frontier, either the Indian or the southwestern frontier. Mr. HOLMAN. I trust the argument presented with ~uch force The gentleman from Indiana asked why troops are required at as coming from the Texas frontier can be fully met, while at the Detroit and at Port Huron. I will tell him. These are the points same time the reduction proposed by this bill can be made. In other to which regiments that are exhausted and depleted by having been words, I hope the Army can be substantially reduced to 22,000 men, in southern climates are returned every four years or every three and at the same time the cavalry force, the important force for the years in order to recruit. . protection of the frontier, can be kept up so as to prevent any loss of My friend from Philadelphia talks about the artillery. Why, sir, protect.ion which the Government ought to afford to that section of this Government has established a line of fortresses at vast cost all the Union. along our coast, and to-day there are not men enough to police and The gentleman from Texas [Mr. MILLSl stated that General Sher- take care of those great and costly fortresses. Gentlemen ask what man, in discussing this subject, had said that a reduction of the Army danger is there of an attack on the sea-coast 7 I do not know that meant a reduction of protection to the frontier of Texas. That was there is any now. But is it economy to allow those great works to what he stated, if I understood him correctly. fall to pieces that cover New York and that cover Philadelphia f Or Mr. MILLS. He so stated to me: "You have most of the troops do they consider it more economical to remove the troops whose duty in your State, and a, reduction of the Army must mean a reduction of it is to garrison them, and have that work done by men hired by the that force." Ordnance and Engineer Departments in the most costly way it can Mr. HOLMAN. That meant that a reduction of the Army would be donef be a reduction of the cavalry force. Now it is clear to my mind that The llonclusion, to my mind, is inevitable, from looking over as care- the Army may be reduced to 22,000 men without any reduction of the fully and as conscientiously as I can t,he disposition of the present cavalry force, and yet every facility for protection furnished that force of the Army of the United States, that any reduction whatso- Texas or any other section might desire. ever of the effective force of our Army is a mistake, and invo.1ves se· 1876. CONGRESSIONAL RECORD-HOUSE. 3849 rions da11ger. The Committee on Appropriations in this case, as in with a capital of $5,000,000 or $6,000,000, has closed all its mi11s. A all others, have proceeded not only without warrant, but without au- savings-bank in New York City, which had $1,900,000 of rleposit.s on thorit.y. They have not followed either the existing law or the pro- the 1st day of January, has failed. And now the point which I ad- posed law. dress to the gentleman from Pennsylvania is that if he will institute Mr. RANDALL. I would remind the gentleman that the Army wa-ti an honest and careful investigation in regard to each and every one reduced by a repuhlican House very much in this way. We are fol- of those disasters he will discover that tl.te resumption act had no lowing t-he line of that example. more to do with either of them than it had to do with the death of Mr. HURLBUT. Not exactly. Yonr Committ.ee on Military Affairs the late Sultan of Tm·key; not a bit more. reported a bill which was passed here by a strong majority for the Mr. LAWRENCE. Will the gentlemen tell us what had anything reduction of the Army. But it expressly forbade tlle rednction of a to do with them f single· musket or a single saber. And now the Commit.tee on Appro- Mr. CHITTENDEN. . Certainly, if you will give me time. I am priations has gone on not only to reduce the number of regiments be- familiar with the cases. low what was proposed by the committee that had that matter in Mr. KELLEY. If the gentleman from New York [Mr. CmTTENOEN] charge, but to strike off three thousand more men from the effective does not see that the fact-s he adduced make out my case, Omuip- force of the Army; and they have done it at their own peril and risk. otence cannot give him the power to perceive the relation of cause Mr. BANNING. If the gentleman from Indiana. will withdraw his and effect. amendment I will renew it. Mr. CHITTENDEN. I re-affirmmyposition; and if the gentleman 1\Ir. HOLMAN. I withdraw tho amendment. will take the trouble to investigate, he will find that I am right, 1\Ir. BANNING. I renew it. without the least mistake. I :desire to point out to my friend from Indiana the mist.ake be Mr. RANDALL. I ask for a vote. makes in his amendment, and I hope the gentleman from Texas will Mr. HOLMAN. I believe I will withdraw my amendment. I de- agree with me. As I have already stated and as I repeat again now, sire, however, to say tha.t if the ten regiments proposed in this amenu- the great difficulty in the matter of expense is not in the fighting . meut, reducing the infantry and art-illery down to twenty regiments, portion of the Army, but in the officers. Some of the companies are would be satisfactory to the gentlemen who represent the Texas scarcely a corporal's gna.rd. frontier, I should, so far as my own vote is concernecl, be strongly in- Mr. HANCOCK. We are satisfied with the proposition of the ~il­ clined to adopt the amendment in that form. But it does not seem itary Committee, and only ask the Committee on Military Affairs to to me that the gentlemen from Texas have any special desire about stand to it. this matter. The bill as already passed by the House fixerl the num- Mr. BANNING. We do stand to it. And I wieh to say to my friend ber of cavalry regiments at eight; and there was no special objection from Indiana that. the present organization of cavalry regiments to it at the time of its passage. would permit the increase of six hundred, or, as I have said, six Mr. HANCOCK. But those regiments were required to be filled up hundred and fifty-seven more men, and then tbeywould not be full. to tha maximum number. The Military Committee reduced the nnmper by two, in order to do Mr. HOLMAN. ·I hope it will be borne in mind that this does not away with the expense of two regimental headquarters and twenty affect the reduction of the force down to 2'2,000, inasmuch as that is company headquarters, and so as to pm·mit the filling up and strength- involved in a subsequent proposition. · ening of the re~iments and the companies as has been recommended But the argument presented to-day by the gentleman from Pennsyl- by General Shendan and the most of our Army officers. This, I think, vania, [Mr. KELLEY,] even if it were offered in a spirit of badinage, that was a proper reduction to make. It sustains the cavalry force as it is possible in a government like ours for an Army to be kept up strong in men as it now is, and admits of its being made stronger. It for the purpose of overawing the people, is, to my mind, the strongest then reduces the number of infantry regiments, and makes some that reason why the doctrine of our fathers that in time of peace the Army now have only one hundred or one hundred and twenty men and should be reduced to the smallest possible number, and should be uaed companies that have only four or five, stronger in fighting force. I only for the purpose of protecting the frontiers against the Indians, believe that was correct. And. my friend from Indiana proposes an should be solemnly maintained. That argument of the gentleman amendment that carries us back to the ridiculous position of an army from Pennsylvania, even if it were uttered, as I hope it was, in tbt' of officers in place of an Army of men. Now, I do not think tha,t spirit of pleasantry, makes me tremble when I contemplate the fact with this understanding he will insist npon his amendment. I be- that there are five tq.ousand men of our Army ea-st of the Mississippi lieve with the gentleman from Texas that we need this cavalryforce, River; and if I thought it possible that in this Government of ours, and that as arranged in the bill of the Committee on Military Affairs, in this centennial year, the organized Army (not the militia force it will be more useful to tho frontier than if an increase be made in drawn from the body of the people) could be required to be used for t.he number of regiments. Therefore I hope the matter will be al- the enforcement of the laws of the land, I should in this centennial lowed to stand in that shape. The only ditferenoo between the bill yearfeel-- of the Committee on Appropriations Rnd our own is the reduction of Mr. KELLEY. Will the gentleman in this centennial yearpermit the number of regiments and a reduction of three thousand in the me to ask him a question T number of troops. This reduction will not, to any great extent, take Mr. HOLMAN. I should feel that we were not entering npon a place before December, though I do not think that is correct. The century of peace and prosperity, but a century in which the bayonet worst feature, however, of this bill is the possible reduction of our woulcl play its part in the civil administmtion of the Government. artillery. We had better make a reduction in the infantry of five, six, Mr. KELLEY. Will the gentleman allow me- or eight regiments than dispense with a single regiment of either Mr. HOLMAN. I have treated the gentleman from Pennsylvania cavalry or artillery, because this part of our Army can bo made use- courteously, and though he always speaks admirably, I hope he will ful only by age and experience; and this is the part of the Army we allow me to finish my sentence. most need. [Here the hammer fell.] .Mr. RANDALL. Why, then, does the gentleman recommend are- :Mr. KELLEY. I wonld like to ask the gentleman from Indiana a duction to eight regiments' question in my own time. Mr. BANNING. I have told the gentleman that we recommend a The CHAIRMAN. ·noes the gentleman from Pennsylvania make reduction t.o eight cavalry regiments becanse if all the cavalry force a pro fm'ma amendment f we now bave be put into eight regiments we have room for six hun- Mr. KELLEY. Yes, sir; I move to amend by striking out the last dl·ed and fifty-seven more men than we now have iu ten regiments. two words. I desire to ask the gentleman from Indiana for a brief Mr. RANDALL. Then we have only to provide for filling up to the answer to this question : whether he supposes that the fathers of the maximum eight cavalry regiments. country ever contemplated that Congress would by adroit legislation Mr. BANNING. Yes, sir; we have only to provide for that. prohibit laborers from following their honest employments and doom [Here the hammer fell.] . them to destitution; whether he thinks the fathers believed that Mr. CHITTENDEN. I do not rise to oppose the amendment. of the under our republican institutions the laboring mass would become gentleman from Indiana, [Mr. HOLMA.N,] neither am I quite pre- such .inborn slaves that if thus oppressed they would offer no protest pared to advocate a reduction of the force of the Army. I am very or resistance T much inclined to think, however, that there are but two purposes for Mr. HOLMAN. I am very glad that the gentleman has asked me which the United States need an Army at present, namely, the pro- that question; I will answer it with very great plea-sure. It is a tection of the Texas frontier and the care of the Indians. happy reflection that in the end of this century we can call to mind My particular object in rising is, if possible, to relieve the anxiety that the purpose of our fathers was to organize a government "of of the "father of the House," tbe gentleman from Pennsylvania, [Mr. the ·people "-- KF..LLEY,] in respect to the necessity of maintaining our Army in order Mr. KELLEY. So I supposed. to enforce the resumption act, and I wish to give him on this point an Mr. HOLMAN. "By the people"-- easy problem to settle. Within the last ten days, in the States of Mr. KELLEY. So I supposed. Massachusetts, Rhode Isl:md, and New York, where mon{\y is abun- :Mr. HOLMAN. "And for the people." dant, there have occurred and been noted in the public prints several Mr. KELLEY. And not for capitalists alone. :fii·st-class commercial disasters, which are only the principal ones, Mr. HOLMAN. Not a government resting on the bayonet, but on there having been many others of which no notice bad appeared in the sovereign will of the people. the newspapers. A first-class manufacturing establishment in Ma.ssa- .Mr. LAWRENCE. Yes, sir; that is in the Cincinnati platform:. chu.sett.s, with $2,500,000 of capital paid up, has failed . . A first-class [Laughter. J- commercial establishment in New York City, owing $1,600,000, has Ml'. HOLMAN. I say further, that our fathers- failed. · The great Sprague Manufacturing Company of Rhode Island, .Mr. ATKlNS. I rise to a point of-order. 3850 CONGRESSIONAL RECORD-HOUSE. JUNE 16, Mr. KELLEY. I would further a-sk my friend from Indiana-- The question being taken on the motion of Mr. ATKI~ , it was Mr. HOLMAN. I trust that my friend from · Pennsylvania will agreed to; there being ayes 73, noes not counted. allow me to finish my answer to one quest ion before he asks another. The committee accordingly rose; and Mr. PHILIPS, of Mi smm, The CHAIRMAN. The gentleman from Tennessee [Mr. ATKINS] having tu.ken the chair as Speaker P?'O tempore, Mr. BLACKnUR~ r~­ rises to a point of oroor. ported that the Committee of t.he Whole on the state of tho Union Mr. KELLEY. Are not a majority of t.he working-people-- had had under consideration the Union generally, and particularly 'l'he CHAIRMAN. The gentleman from Pennsylvania is not in order. the bill (H. R. No. 3717) making appropriations for the support of the Mr. KELLEY. Is my time out T Army for the fiscal year ending June 30,1877, and for other purpot:~Cs, The CHAIRMAN. ThegentlemanfromPennsylvaniaisnotinoTder and had come to no resolution thereon. because, as the Chair has stated, the gentleman from Tennessee has Mr. ATKINS. I move that when the Committee of the Whole on risen to a point of order. the stat,e of the Union resumes the consideration of the Army appro- Mr. KELLEY. I beg pardon. I did not hear the Chair in the priation bill all discussion on the pending section be closed in five tumult. [Laughter.] minutes. The CHAIRMAN. The gentleman from Tennessee [Mr. ATKINS] Mr. PAGE. Pending that motion, I move that the Honse do now will state his point of order. adjourn. . Mr. ATKINS. My point of order is that there is no question before Mr. RANDALL. I hope the gentleman from California [Mr. PAGE] the committee. will not press that motion. The CHAIRMAN. The point of order is well taken, and the de- Mr. PAGE. 0, yes; let us adjourn. bate between the gentleman from Penn sylvania [Mr. KELLEY] and Mr. MILLS. The question now under consideration in Committee the gent.Jemau from Indiana [Mr. HOLMAN] is uot in order. of the Whole is of more importance than all the other questions in- .Mr. HOLMAN. I move to amend by striking out the la-st clause of volved in the bill. I hope therefore that debate upon it will not be re- the pending proposition. strict.ed to five minutes. Mr. SCHLEICHER. I accept t.hat amendment of the gentleman. Mr. RANDALL. I would remind the gentleman from California )h·. HOLMAN. Mr. Speaker, I have been fortunate at any rate in that we have doue nothing for three days with the distinct under- accomplishing one end, which is that the records of this hour shaH standing that we should proceed with this bill to-day. not go down into the coming century bearing the expression of the Mr. HOLMAN. We yielded yesterday with the expectation that gentleman from Pennsylvania [Mr. KELLEY] a.s a serious utterance. we should have to-day for the bill. I would regret, and so would the gentleman from Pennsy l vaniar--how- The motion of Mr. PAGE that the House adjourn was not a.greecl to. ever by questionable legislation, by adroit mea ores in the interest of The question recnrrin~ on the motion of Mr. ATKINS that debate capital, labor may have been oppressed-that those who control the in Committee of the Whole on the pending section be closed in five administration of this Government should in this centennial year e~­ minutes, it was agreed to. connter resistance of the law which would call for the exercise of the Mr. ATKINS. I movo that the House again resolve itself into Com- military power of the Government to suppress it. I regret that in mittee of the Whole on the Army appropriation bill. this centennial year such an utterance, except in the spirit of pleas- The motion was agreed to. antry, should go upon our records and float down the coming century. The House accordingly resolved it.self into Committee of the Whole Therefore I consider myself fortunate in having elicited the subse- on the state of the Union, (Mr. BLACKBURN in tbe chair,) and resumed quent utterance of the gentleman showing that his original remark t.he consideration of the bill (H. R. No. 3717) making appropriations was not made seriously, and that he does not apprehend such resist- for the support of the Army for the fiscal year ending June 30, 1877, - ance to the law as would justify the employment of military power; and for other purposes. that he does not believe that in a Government like this the military Mr. ATKINS. I yield to the gentleman from Indiana, [Mr. LAN- power could be use.d to subdue the people. It cannot be done, and it DERS.] will not be done. Mr. LANDERS, of Indiana. Mr. Chairman, I have not engaged Mr. KELLEY. Will the gentleman permit a brief and pertinent t.he attention of this House to auy great extent, and I regret tho inquiry¥ necessity of occupying its time now. I would not have thought of .Mr. HOLMAN. It.will have to be very brief. seeking the floor at all but for the remarks of the gentleman from Mr. KELLEY. Is it not true that 14,000 of the 26,000 working-peo- Pennsylvania, [Mr. KELLEY.] I do not think that his statements ple of Indianapolis, the capital of the gentleman's own State, are are without authority, such as he refers to. He says tbat he has without employment, and many of them living on garbage t obtained his information from the papers of Indianapolis. I presuml3 Mr. HOLMAN. 0, no; my friend putR the matter too strongly. there are some papers there that are anxious to get up a sensation, Mr. KELLEY. That information I get from the papers of Indiana. though .it be at the expense of the city; but it is not true that the Mr. HOLMAN. I trust 1 have not heard the gentleman aright. I people of Indianapolis are in such a destitute condition as is repre- agree with him that the laboring masses of the people of this country sented by the gentleman from Pennsylvania. It is true that Indian- are sorely oppressed, but- . apolis has been improving very rapidly, and large numbers of work- Mr. KELLEY. The papers of the gentleman's own State testify ingmen have been attracted there, especially during the past year, that the unemployed workingmen gather decayed potatoes and other when that city was prosperous while other cities were not. It wa,., garbage from the fronts of ·stores and other places where they have understood, Mr. Chairman, that there was some destitution in that been thrown. city, that some laboring-men w~re out of employment and had no Mr. HOLMAN. It is no doubt true that large numbers of people means of support. The authorities of the city called a meeting and in that recently prosperous city have been thrown out of employment, ma'(]e arrangements under which they have commenced improve- and like men they have made their appeals to each other for help and ments on the public works. They have invited every workingman like men they are standing shoulder to shoulder and fDTnishing aid to come forward that needed labor for the support of his family, and. and succor to each other. But, thank God, neither at Indianapolis all that have applied have obtained employment. When the call nor elsewhere are the laborin~-men of this country reduced to such a was made about four hundred responded. condition that they ar~ not still able to stand up in the light of day .It was agreed by tbe citizens of Indianapolis that they would give feeling that they are men, with the surroundings of men and tho rights employment to all laboring-men having families; and that they of men. would encourage the young men who were needy to leave the .c ity ami. Mr. KELLEY. I quote from their statements a.s published in the seek employment in the country, as the farmers in many places could Indianapolis papers. One at least admitted editorially that a respect- employ them ; that those desiring to leave should be furnished with able, well-known, worthy workingman and his family bad been liv- money to enable them to do so. This is the arrangement that ha~ ing on garbage, on decayed potatoes thrown out from market stores. been made at Indianapolis; and I will say that so far as I know (and Mr. ATKDTS. I move that the committee rise in order that the I am in communication with Indianapolis daily) there is no destitu- Honse may close debate on the pending section. tion there at this time that is not provided for. Mr. HOLMAN. I hope that the gentleman from Pennsylvania will .AP. to the cause which has produced this embarrassment, I agree take back his imputation upon the people of my State. The mag- with declarations often made by the gentleman from Pennsylvania, nanimity and brotherly feeling of the laboring masses themselves [Mr. KELLEY;] that is, "that of contract.ion of the currency," which have not proved insufficient to protect the rights of labor there as was the immediate result of the resumption act. I regret this condi- well _a s elsewhere. Labor is not so oppressed that the fearful result tion of affairs as much as the gentleman from Pennsylvania., but do stated by the gentleman has been reached. not wish it exaggerated . .Mr. ATKINS. I call for the regular order. The CHAIRMAN. The que~ion is on the amendment of the gen- The CHAIRMAN. The Chair feels that it is not necessary to re- tleman from Texas [Mr. SCHLEICHER] which will be read. mind the gentleman fmm Indiana that his rAmarks are not in order, 1\Ir. SCHLEICHER. The gentleman from Indiana [Mr. HoLMAN] the gentleman from Tennessee having moved that the committee made a motion to strike out the last clause, and I accepted that rise In ~der that a motion may be made to close debate on the pend- amendment. ing sect10n. The CHAIRMAN. The Chair understood the gentleman from In- Mr. LANDERS, of Indiana. Mr. Cbairma.n-.- dia.ua. to make a merely formal amendment for the purpose of sub- Mr. HOLMAN. I trust that the gentleman from Tennessee will mitting remarks. withdraw his mot.ion in order to allow my colleague [Mr. LANDERS] Mr. SCHLEICHER.• I stated that I accepted the amendment. to be heard. The CHAIRMAN. According to the understanding of the Chair, Mr. ATKiNS. We shall never get through this bill if gentlemen the amendment. was formal and was withdrawn at the conclusion of are to discuss the currency question upon it. the gentleman's remarks. 1876. CONGRESSIONAL R.ECORD-HOUSE. 3851 Mr. SCHLEICHER. Then I renew it for the purpose of bringing communication from the Clerk of the House; which was referretl to to the nJ.tcutiou of the committee the increase of cava.l ry force. the Committee on the Rnles: The CHAIRMAN. The Chair will state that under the direction W Asmxorro~. June l5, 1876. of the House deultte has been closed. Sm: !have tbe honor to state that, in obedience to the ON"ler of tho House of the Mr. SCHLEICHER. Have I not the right to answer the remark lO~h instant directing t.be Clerk of the Hou"e "to inquire into tho cau;;e of the in- te~'l:uption of its proceedings of that date by the brea.king of a. pnno of glass in the made by the gentleman from Imliana. ['Mr. HOLMA.l.~] that the Texas ceiling of the Hall and to repm:t the facts to the House with such 1'000Dllllemh1tion delegation ma- horse to George A. Lemert, late a captain in Company F, Ninety- that in section 3688 to the payment of intere.'lt on the public debt, and that in sec- seventh Regiment Ohio Volunteer Infantry in the war of 1861. tion 3689 to various objects too numerous to detail here. . It will be observed that while section 3679, qttoted above, provides that no De- Mr• .MORRISON. I move that the House adjourn. partment shall in any one fiscal year involve the GoYernment in any contract for The motion was agreed to ; and accordingly (at four o'clock and the futiiTe payment of mone.v in exce s of the appropriation for that year, section forty minutes p.m.) the House adjourned. 3732, also quoted above, confers, by clear implication, upon the heads of the War and Navy Departments full authority, even in the ab ence of any appropriatiou, to purchase or contract for clothin,e-, subsistence, forage, fuel, quarters, or trans- portation not exceeding the nece ities of the current year. The latter provision PETITIONS, ETC. 1s special and exceptional in its character, and is to be regarded as excluded from The following petitions, memorials, and other papers were pre- tho operation of the former more general one. Bnt if any of the appropriation bills above enumerated should fail to be matured before the expiration of the cur- sent~d at the Clerk's desk under the rule, and referred as stated: rent fiscal year, the Government would be greatly embarrassed for want of the By Mr. JONES of Kentucky: The -petition of J.D. Allen, for a necessary funds to carry on the service. Precluded from ex:pendin.~ money nnt pension, to the Committee on Invalid Pensions. appropriated, the Departments would have to suspend the service, so far as the By Mr. PACKER: The petition of Mrs. Mary A. Edelen, for an appropriations for it should have fulled to be made. A careful examinaHon of this subject will demonstrate the embarrassed comli· increase of pension, to the same committee. tion all branches of the Government will be in-and especially t-he executive-if Alse, remonstrance of citizens of Northumberln.nd County, Penn- there should be a. failure to pa,'!s the necessary appropriation bills before the 1st of sylvania, against a reduction of the tariff, and a,sking that the tariff July, or otherwise provide. la,ws may remain uncha.nged, to the Committee of Ways and Means. meaaure I commend this au bject mo t earnestly to your oonsideration, and urge that some be speedily adopted t o avert the evils which would result from non-action By 1\fr. RICE: The petition ofT. Worthington, late colonel of the by Congress I will venture the suggestion, by way of remedy, that a joint reso- Forty-sixth Regiment Ohio Volunteers, for a pension, to the Com- lution, properly guarded, mi,.bt be passed throuJ!h the two Houses of Congrc mit tee on Invalid Pensions. extending the provisions of a~ appropriations for the p1·esent fi cal year to the next Also, the petition of James Co, for a pension, and for compensation in all c.1.ses where there is a failure on the lst of July to supply such appropriation; each appropriation so extended to hold good until Congress shall ban passed a cor- for services rendered the United States in the war of 1812, to the responding appropriation applicablo to the new fiscal year, when au- moneys ex- CoiQ.mittee of Claims. pended ~er laws enacted for this fiscal ye:tr shall be "deduct-ed from the corro- By Mr. SPRINGER : The petition of Phmbe M. Tayloe, for a re- spondin_g appropriation for the nex.t. hearing of her claim for corn furnished the United States Army, re- "joint To make my ideas on this subject more clear, I have C!l.used to be drawn up a resolution" embodying them more fully. jected by the southern claims commission, to the Committee on War U.S. GRANT. Claims. EXECUTIVE MANSION, June 17, 1876. Also, memorial of citizens of Des Moines Valley, Iowa, in reference Joint resolution to provide for defraying temporarily the ordinary and necessary to certain lands in that State, to the Committee on Public Lands. expenses of the public service. Whereas the ordinary and necessary expenses of the _public service in its various branches, comprising among others the expenses which especially pertain to tho legislatiYe, executive, and judicial departments of tho Government, to the consu- lar and diplomatic service, to the postal service, to the support of the Arruy nnd to the maintenance of the Navy, are ~renerally met by annual appropriations which IN SENATE. expire at. the end of the current fiscal year; and whereas no public fonda will be available to defray these expenses as the same sh:ill accrue after that period unle. s appropriations shall have been previously made therefor by law; and wberea to SATURDAY, June 17, 1876. avoid the .great embaiTassment to the public service that might otherwise ensue it is expedient to make provision for defrayin_g temporarily sucb of the e expenses Praver by the Chaplain, Rev. BYRON SUNDERLAND, D. D. aa would be unprovided for in case some one ot: the usual annual a.ppropriati•'n bills The Journal of yesterday's proceedings was read and approved. designed to provide therefor should fail to be matured by the end of the fiscal year now current: Therefore, BILLS BECOl\ffi LAWS. Be it resolved by the Benate .and House of Representative& of the United StatP.S of A message from the President of the United States, by Mr. U. S. .America in Congress assembled, That in case any of the followin~ appropriation GRANT, jr., his Secretary, announced that the following acts, having bills for the fiscal year en din.~ J nne :10, 1877, shall not have passed by tho commence- ment of such year, so that the funds to be appro{>riat.ed thereby may then be avail- been received by the Presiuent on the 3d of June and not having able for expenditure, that is to say, the bill providing for the legislative, executive, been returned by him to the Senate within the ten days prescribed and judicial expenses; the bill providing for the consular and diplomatic expenses ; by the Constitution, had become laws without his signature: the bill providing for the service of the "Post-Office Department; the bill providin~ for the support of the Army; and the bill providin,e- for the naval service, the ap- Aa act (S. No.3) for the relief of Alvis Smith; propriation act for the current fiscal year corresponding in its general description An act (S. No. 43) granting a pension to Urial Eundy; and object to such appropriation bill shall extend to the fiscal year next ensuing Au act (S. No. 121) granting a pension to John Pierson; and until such appropriation bill is enacted and takes effect, to the end that the pro- An act (S. No. 545) granting a pension to Julia Scroggin. visions of such appropriation act which apply to the ordinary and necessary ex· penses of the public service for the current tiscal year shall in like manner be :tp· FAILURE OF APPitOPRIATIONS. plicable to similar expenses which may accrue during the period intervening bo- twoon the end of the current fiscal :vear and the time when such appropriation bill The PRESIDENT pro tempore laid before the ~enate the following for the next ensuing fiscal year sh.all be enacted and take effect. message from the President of the United States, which was read: The PRESIDENT pro ternpore. The message will be printed and To the Senate and House of Rep1·esentatives: referred to the Committee on Finance, if there be no objection. The near approach of a new· fiscal year and the failure of Congress up to this time to provide the necessary means to continue all the functions of government, Mr. MORRILL, of Maine. I was going to suggest that it be printed makes it my duty to call your attention to the embarrassments that must ensue if and lie on the table, and in the mean time we can consider as to the the fiscal year is allowed to close without remedial action on your part. best disposition to make of it. Article 1, section 9, of the Constitution declares: "No money shall be drawn from the Treasury but in coniequenoe of appropria- Mr. DAVIS. I ask that it be printed to-day. tions made bylaw." The PRESIDENT pro teTilpore. The Secretary will give the Printer To insure economy of expenditures and security of the public treasure, Congress notice to have the message printed at once. has from time to time enacted laws to restrain the use of public moneys except for Mr. SHERMAN. I think the communication ought to go to the the SJ?ecific purpose for which apJ?ropriated and within the time for which ap- propnated, a.nd to prevent contracting debts in anticipation of appropriate appro- Committee on Appropriations. I suppose that committee can at once priations. consider it. ·Revised Statutes, section 3679, provides: The PRESIDENT pro tempore. The chairman of the Committee "NoDepartmentof the Government shall expend, in anyone fiscal year, any sum on Appropriations m:tde the suggestion that it lie on the table for in excess of a_ppropria.tions made by Congress for that fiscal year, or ~olve the Government m any contract for the future payment of money in excess of such the present.. appropriations." Mr. SHERMAN. Very well. Section 373'2 provides: The PRESIDENT pro tempore. The message will lie on the table "No contract or J>Urcha..~e on behalf of the United States shall be made, nnle..ss and be printed, if there be no objection. the same is anthonzed by law or is under an appropriation adequate to its £ulfl.ll. ment, except in the War and Navy Departments, for clothing, subsistence, forage, EXECUTIVE COMMUNICATION. fuel, quarters, or trausport.'\tion, which, however, shall not exceed the necessities of the current year." The PRESIDENT pro tempore laid before the Senate a communica- Section 3678, as follows : · tion from the Secretary of the Interior, transmitting a protest from "All sums appropriated fo'r the various branches of expenditure in the public the leading men of the Osage.Na.tion against the establishment of a service shall be applied solely to the objects for which they are respectively made, and for no others.' territorial government over the Indian country, together with a copy Section 3690, that- of a letter from the Commissioner of Indian Affairs forwarding the ".All balances of appropriations contruned in the annual appropriation bills, and same to the Interior Department; which was referred to the Com- made specifically for the service of any fiscal year, nnd remaining llllOKpended at mittee on Indian Affairs, and ordered to be print.ed. the expiration of such fiscal year, shall only be ~/Jr!ed to the payment of expenses properly incurred during that year, or to tlie fu1 ent of contracts properly made PETITIONS A.~D MEMORIAI.E. within that year; and balances not needed for such purposes shall be carried to the surplus fund. This sect.ion, however, shall not apply to appropriations known as Mr. CONKLING presented a memorial of citizens of Savannah, permanent or indefinite appropriations." Georgia, remonstrating against the passaO"e of House bill No. 3187 to The effect of the laws quoted, taken in connection with the constitutional pro- amend title 53 of the Revised Statutes relating to merchant seamen; vision referred to, is, as above stated, to prohibit any outlay of public money toward which was referred to the Committee on Commerce. defraying even the current and necessary expenses of Government after the expi- rat ion of the year for which appropriated, excepting when those expenses are He also presented the petition of Andrew Lutz, late major of the provided for by some permanent a.ppropri:l.tion, and excepting in the War and Navy Eighth New York Volunteers, praying to be allowed the pay dne him Departments. under section 3732. as such officer from August 1, 1861, to November 22, 1861; which was The numlJer of permanent appropriations are very limited, and cover but few of referred to the Committee on Military Affairs. the necessary expenditures of the Government. They are nearly all, if not quite all, embnwed in sections 3687, 3688, and 3689 of the Revised Statutes. That con- He· also presented a memorial of ship-owners of the port of New tained in section 3687 is applicable to expense& Qj collecting the Hvenwfrom, customs, Yor~, remonstrating against the r-assage of House bill No. 3187 to 1876. CONGRESSIONAL RECORD-HOUSE. 385:1 amend title 53 of the Revised Statutes relating to merchant seamen ; MESSAGE FROM THE PRESIDENT. which was referred to the Committee on Commerce. A message in writing from the President of the United St ates was Mr. ROBERTSON presented the petition of J. D. Allen, of Barn- communicated to the House by Mr. U. S. GRANT, jr., one of his sec- well, South Carolina, praying for a pension; which was referred to retaries. the Committee on Pensions. PENSION AGENCY IN CHIC.(\GO. BILL INTRODUCED. Mr. HURLBUT. by ~nanimous consent, from the Committee on Re- Mr. CRAGIN asked, and by nnanimou consent obtained, leave to form in the Civil -Service, submitted a report on the pension agency introduce a bill (S. No. 9'23) authorizing the appointment of Acting at Chicago; which was recommitted to the committee, and ordered Pas ed Assistant Surgeon Francis V. Greene as surgeon, and Acting to be printed. Passed Assistant Surgeon Joseph J. Sowerby u.s assistant surgeon in FIRE-WORKS ON THE FOURTH OF JULY. the Navy; which was read twice by its title, and, with the accompa- Mr. CHITTENDEN. I hold in my hand a letter of rrreat public nying papers, referred to the Committee on Naval Affairs. interest but of doubtful relation to l!'ederal business. I ask the in- IMEEACHMENT OF W. W. BELKNAP. dulgence of the House that it be rea.d, and referred to the Commit- The PRESIDENT p1·o tempore. If there be no further morning tee on the Centennial Celebration. businPss, pursuant to order legislative and executive business will The Clerk read the letter, as follows: be suspended, and the Senate will proceed to the consider:!~'ionof.the Nos. 100 A.:"\D 102 BROADWAY, New York, June 12, 1876. articles of impeachment exhibited by the House of Reprc.:enta1.1ves DEAR Sm: The inclosed circular of the National Board of Fire Underwriters against William W. Belknap, late Secretary of War. ufon the danger likely to arise by the use of fire-works in the coming celebration The Senate then proceeded to the trial of the impe~chment of o the Fourth of July, of this year, indicates somewhat the anxiety upon the subject William W. Belknap, late Secretary of War. in insurance circles, but we fear that it may not command t he public a.t.tention to t he extent which its importance demands and which would follow the discussion of The Senate sitting for the trial of the impeachment of William W. the subject in Congress. It may not strike you as being a propr r subject to occupy Belknap having adjourned then resumed its the attention of the House, or it may be that the introi:luctiou of t he matter mi:rht call forth political squibs or opposition and the cry of an endeavor to r estrain the LEGISLATIVE SESSION. liberty of the pa.tr~otic citizen, but as the verified statistics show that of t.h e earned The PRESIDENT P''O tempore. The Senate resumes its legislative wealth of the country since 1 70 seven hnmlred millions have been de troyed by business. firehwe do not know of a 'luestion more important than this and it should not be "w istled down the wind.' INDIAN APPROPRIATION BILL. The necessity of preventing so enormous a destruction of earned values is so ap- Mr. WINDOM. There will be undoubtedly a. quorum here in a very parent that it admits of no que tion. Possibly this greatloss has much to do with few moments. I move that the Senate proceed to the consideration the present mercantile troubles which so seriously affect the community, and it must impoverish the nation unle sit is checked. of the bill (H. R. No. 3478) making appropriations for the current and Yon will, no donbt, remember that the coufla!ITation which so nearly dMtroyed contingent expenses of the Indian Department and for fulfilling treaty PortJand, .Tuly 4, 1866, originated from the carefess use of fire-works, anu there is stipulations with various Indian tribes for the year ending June 30, rea.-10n to apprehend that other cities will sufle r by the avproaching celebration, unless some national effort to restrain carelessnes and provide against such emer- 1877, and for other purposes. gencies can be inaugurated. \Ve bring the subj ect to your attention, hoping ~hat Mr. CO~KLING: "May I inquire how many Senators voted a mo- some method may suggest itself to you by which the interests of the whole coun· rueu t agof try will be enlil!ted to prevent fires from these sources. The PRESIDENT pro tempo1·e. Thirty-five voted in triaL It occurs to us that possibly the Secretary of State might consider it worthy of a short proclamation by the Pl'esident. W e leave the matter in your hands for Mr. CONKLING. Is that a quorum f such action as may suggest itself to you ; and if some such notice can be secured The PRESIDENT pro tentpore. It is not a quorum. yon would r ender the country a. public service. The date is so near that any ac- Mr. CONKLING. I do not object to this proceeding, but I want to tion taken should be prompt know as we go along. Yours, most respectfully, B. C. TOWNSEND, Mr. WINDOM. I think there must be a quorum in the Senate. &cretary, A . .D. The PRESIDENT pro ten1.pore. The Chair is not aware how many Hon. S. B. CHITTKNDEN, Senators are in the Senate in legislative session. There were thirty- House of Representatives, Washington, D. 0. five who voted in trial. Mr. FORT. I su(J'gest that that communication ought t-o go to the Mr. INGALLS. This bill is of t.oo much importance and involves Committee for the District of Columbia, for that is the only place in too many questions of very serious moment to the country to be con- the United States over which Congress has exclusive jurisdiction. sidered by less than a quorum of the Senate. I shall certainly object :Mr. CHITTENDEN. I accept that suggestion. to the motion of the Senator from Minnesota. unless a quorum is ascer- The motion, as modi:fi~d, was agreed to. tained to be present. The PRESIDENT p1·o tempore. The Senator from Kansas objects RAILROAD IN WASHINGTON TERRITORY. to proceeding with the bill unless there is a quorum. Mr. TERRY. I ask unanimous consent to call up and have passed Mr. SHERMAN. It might be taken up and read through. the bill (S. No. 46) granting the right of way for a railroad and tele- The PRESIDENT JJ-ro tempore. If the Senator from Minnesota in- graph line to the Walla Walla and Columbia River Railroad Com- sists on his motion, the Chair will order a call of the Senate. pany across Fort Walla Walla military reservation, in Washington Mr. WINDOM. I move that the Senate adjourn. Territory. The question being put, there were on division-ayes 14, noes 15; No objection was made. no quorum voting. The bill was read. It provides that the right of way, not exceed~ Mr. WINDOM. I ask for the yeas and nays. ing one hundred feet in width, through the lands of the Fort Walla. The yeas and na.ys were ordered ; and the Chief Clerk proceeded to Walla military reservation in "\Vasbington Territory is thereby granted call the roll. to the Walla. Walla and Columbia River Railroad Company, a corpo- - Mr. PADDOCK, (when Mr. HITCHCOCK's name was called.) I de- ration organized under the laws of said Territory, for the purpose of sire to say for my colleague that be is too ill to'be present in his seat. constructing a railroad and telegraph line; provided, that the saitl Mr. WINDOM, (after having voted in the negative.) I vote "yea" ri(l'ht of way, and the width and location thereof through said land§~, ' with the understanding that there is not a quorum present. If there a;d the regulations for operating said railroad within the limits of is a quorum here I shall vote ''nay." · _ the reservation so as to 1nevent all danger to public property shall The call having been concluded, the result was announced-yeas be submitted to and approved by the Secretary of War prior to any 19, nays 16; as follows: entry on said lands or the commencement of the construction of said YEA~Messrs. Allison, Christia.ncy, Cragin, Dawes. Edmunds, Frelinghnysen, works; provided also, that whenever said rights of way shall cease llamilton, Howe, Ingalls, Johnston, Mon-illof Maine, Morrill of Vermont, Morton, to be used for t.he purposes aforesaid the same shall revert to the Sherman,Apencer, Thurman, Wadleigh, Windom, and Wrig:ht-19. NAYS..::...Messrs. Bogy, Booth, Cockrell, Conkling, Davis, Eaton, Ferry, Key, United States. McCreery, Maxey, Oglesby, Paddock, Randolph, Ransom, Robertson, and Whyte- Section 2 provides that Congress reserves the right to alter, amend, W . or repeal the act. · ABSENT-Messrs. Alcorn, Anthony, Barnum, Bayard, Boutwell Brnce, Burn- The bill was ordered to a third reading; and it was accordingly side, Cameron of Pennsylvania, Cameron of Wisconsin, Caperton, Clayton, Cono- ver , Cooper, Dennis, Dol'8ey, Gi>ldthwa.Ue, Gi>rdon, Hamlin, Harvey, Hikhcock, read the third time, and passed. Jones of Florida, Jones of Nevada, Kelly, Kernan, Lo~an, McDonald, McMillan, Mr. TERRY moved to reconsider the vote by which the bill was Merrimon, Miwhell, Norwood, Patterson, Sargent, Saulsbury, Sharon, Stevenson, passed; and also moved that the motion to reconsider be laid on the W:ill:we, West, and Withera-38. · table. So the motion was agreed to; and (at twelve o'clock and forty-five The latter motion was agreed to. minut.es p.m.) the Senate adjourned. MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SYMPSON, one of their clerks, informed the House that the Senate was ready to proceecl upon the impeachment of William W. Belknap and to receive the managers on HOUSE OF REPRESENTATIVES. the part of the House, and that the Senate Chamber was prepared with accommodr.tions for the reception of the House of Representa- SATURDAY, June 17, 1876. tives. The House met at twelve o'clock m. Prayer by the Chaplain, JOHN A. SHAW. Rov. I. L. TOWNSEND. Mr. HARDENBERGH, by nnb.nimous consent, from the Committee The Journal of yesterday was read and approved. on Military Affairs, reported back, with a favorable recommeuuation, I CONGRE.SSIONAL RECORD-HOUSE. JUNE 17, the bill (S. No. 509) for the relief of John A. Shaw; which was re- Section 3G78, as fol1ows : "All sums appropriatecl for the various branches of expemliture in the public ferred to the Committee of the Whole on the Private Calendar, and service shall be applied solely to tho oujecta for which they are respectively made, the accompanying report ordered to be printed. and for no others.' Section 3690, tha.~ PUBLIC GROUNDS IN CIDOAGO. "All balances of appropriations contained in the annual a.ppropri.'lotion bills, and Mr. HARRISON. On the first day of this month a unanimous re- mad(\ specifically for the s n·ice of any fiscal year, and remaining unexpcnar-ly all, if not quite The bill was read. It provides that all the right, title, and int.erest all, embrace{I in section 3687, 3688, and 361ID of the Revised Statutes. That con- of the United States in and to the public grounds in that portion of tained in section 36e7 is applicable to expenses (lf collecting the revemwfrom custmns, that in section 3688 to the payment of interest on the public debt, and that in sec- the city of Chicago known as " Fort Dearborn addition to Chicago," tion 3689 to various objects too numerous to detail ltere. subdivided, platted, and recorded under the authority of the Secre- It will be observed that while section :l679, quoted above, provides that no De- tary of War about the year A. D. 1839, be, n.nd hereby is, conveyed to part.ment shall in any one ti cal year involve the Government in any contract for the city of Chicago, together with all the accretions and riparian the future payment of money in excess of t-he appropriation for that year, section 3732, also quoted above, confers, by clear implication, upon t.ho heads of the War rights and all reversions and remainders thereto belonging; provided, and Navy Departments full authority, even in the absence of auy appropriation , to however, that this act shall in no respect impair the aedication here- purchase or contract for clothing, subsistence, forage. fuel, quarters, or t.ranspm·- t~fore made of said grounds, or any private rights therein. tation not excee(Hng the necessities of the current year. The 1atter provision is :Mr. WILSON, of Iowa. Is this the report of any committee f special and exceptional in it.'! character, and is to be·ro.garclecl as excluded from the operation of the former more general one. llut if any of the appropriation bilL'! Mr. HARRISON. It is the unanimous report of the Committee on above euumerated should fail to be matured before the expiration of the cnn·ent Public Buildings and Grounds. The report was presented on the fiscal year, the Government would be greatly em baiTasscys that this post-office appropriation bill is a very mns~ do something to bring the two Houses to an agreement upon important measure. So it is; but he is endeavoring to force the Sen- some principle of action. Let gentlemen think for a moment what ate to agree to a proposition to deprive the people of"this country of they would say here if the Senate should refuse to pass an appropri- existing postal facilities. ation bill unless we would consent to some changes in the law, or in .Mr. HOLMAN. That the gentleman knows is not true. a great variety of laws, which the Senate wanted ; and then they Mr. KASSON. I submit to the gentleman that, in respect to what will understand so mew hat the situation as it is now, when the House is known as the fast-mail service in which 15,000,000 people are in- ·demands like action on the part of the Senat.e. terested, the gentleman has proposed in the post-office appropriation Mr. HOLMAN. Will the gentleman allow me to put one other ques- bill such rates as imperil, if they do not in fact insure, the discon- tion f tinuance ottQat service. Mr. KASSON. Yes. .Mr. HOLtiAN. We proposed in that bill no such thing; and the Mr. HOLMAN. The gentleman speaks about changing laws. gentleman knows it. Mr. KASSON. Make it a question, not a speech. 1\Ir. KASSON. I must say that I cannot answer for the gentle- Mr. HOLMAN. Can the gentleman say that any change of law has man's brains, but I will for mine; and that, in my opinion, is the occurred or been attempted on any appropriation bill that bas passed effect of the bill. the House at this session that has not occurred time and again in his Now, Mr. Speaker, this is going into t.be details of a bill, .which .own experience on appropriation bills f I did not care to do, because of the importance of the principle in- Mr. KASSON. I answer emphatically that never in my experience volved and the question presented by the President's message; but did I see an attempt macle on an appropriation bill to change the organ- I felt it due to us on this side of the House to state distinctly the ization of the Navy or the Army. Once I did see a simple transfer of principle of le~slation upon which, as I conooive it, we stand; all(l the Indian Bureau to the Military Department. that is that ne1ther the Senate can by' refusing to maintain the Gov- Mr. RANDALL. Where did Mr. Orth put his bill chn.ngino- the law ernment force this House to change a law at the peril of the Govern- in regard to the diplomatic system Y And where did Mr. Keflogg put ment, nor can the Honse do it as against the Senate and the Presi- his bill re-organizing the Treasury Department f dent; and that upon these appropriation bills we should comply with Mr. KASSON. The bill of Mr. Kellogg waa a mere economical re- the law of the land and vote the bills required by law. Gentlemen arrangement of certain officers; and authority for its introduction cannot fail to see that the claims of the men who have their pay fixed was given by two-thirds of this House. by law are as good as if the appropriation for them were mado. It Mr. ~.4-NP~~. The diplomatic service was changed in 1874 on an must be made at some time. And when they propose to destroy the appropriation bllJ. . diplomatic and consular service if they do not succeed-- Mr. KASSON. It was only done under the old rule by a motion to Mr. RANDALL. Every man in this House save two voted for that suspend the rules, adopted by a two-thirds vote, so as to make it in diplomatic bill. · order; and it involved no radical change. Mr. HOLMAN. "The gentleman voted for it himself. · Mr. RANDALL. The minority heretofore in my experience has al- .Mr. KASSON. We did not vote for that part of the bill, but on the ways been in favor of suspenqing the rules for anything looking to contrary opposed it-that part which struck off blindly a largE\ por- re~rep94tnent; but this session we found ourselves here with an in- tion of the instruments of our commercial prosperity in the dilferent p.deq-q.~t~ number to suspen4 t4e rules; and we had to change the parts of the world. rules. .Mr. RANDALL. I say on the passage of that bill every man save · 1rif. KASSON. Bqt the 11~b~~ 4!!8 b~e~ q_(1~qu~te heretofore in two voted for it. J 1876. CONGRESSIONAL RECORD-HOUSE. 3859 l\11-. KASSON. The gentleman knows he called the yeas and nays would like that the Honse should come to some tmderstanding as to for the purpose of making just such a statement as that which he how long this debate is to run. If a gentleman on this side is to speak now makes, in order if we voted against it to sa.y that then the repub- of course some gentleman on that side will reply, and I would like to lica.n party as represented here ia opposed even to carrying on so m uch know when this discussion is to close. of the Government as the other side chose to leave; and if we voted Mr. RANDALL. Wben the gentleman from West Virginia rose I for it, to claim an approval by us of his whole bill. He knows dis- was about to endeavor to close debate by calling the previous ques- tinctly we never yielded to the proposition to abolish various places tion. of diplomatic and consular importance throughout the world con- The SPEAKER p1·o templn-e. The Chair has recognized the gentle- nected with the commerce of the United States, or with the honor man from West Virginia. and influence of onr nation abroad. Mr. HEREFORD. I must confess, Mr. SJ?eaker, that I was sur- Mr. RANDALL. I did not think upon so slender a provocation prised when the gentleman from Illinois rose m his seat and told this that side of the House could be put to flight on the question of econ- Refuse that he and his party intend to hold us on this side of the omy. I supposed they cast their vote according to their judgment. House responsible for not passing just such an appropriation btu as Mr. KASSON. With our own reductions of so many millions in the they deem proper at the other end of this building. I accept, so far appropriations made by the last and republican Congress, with our as I am concerned, that responsibility. The people of this country, agreement to reduction in the last Navy bill, our agreement to reduc- irrespective of party, in their party platforms have pledged them- tion in tho fortification bill, and our agreement to reduction in every selves to economy and reform. But what step in the direction of instance where, in our honest judgment, you did not imperil the Ad- economy and reform have we ever seen taken by the other side of ministration, the gentleman still talks about o~r opposition t6 econ- this Honse f Every single proposition that is made of any magnitude. omy. If economy is to reduce expenditures without reason and or of any importance whatever toward economy is met and fought against judgment, why have not this committee doubled, trebled, step by step by that side of the House. quadrupled their economy! They are not half economists on that MI. }'OSTER. Will the gentleman from W eat Virginia allow me principle. They could have cut off half the Government or utterly to ask him a question ! · destroyed it, insteau of a quarter of it, and still call it economy. Mr. HEREFORD. Yes, sir. Mr. RANDALL. I agree, if we bad the co-ordinate branch of the Mr. FOSTER. I would like to·have the gentleman address himself Governmen~ with us, there could have been a reduction of tp.e ex- to the reductions made in the river and harbor bill. ~nditures of this Government wit.hont any peril under the Admin- Mr. HEREFORD. I will tlo so with great pleasure. lStrat.iou, but with great relief to the tax-burdened people, of twenty Mr. FORT. In that bill was there not appropriated 400,000in the millions more than we have reported. gentleman's own district to improve a few dry creeks Y Mr. KASSON. Instead of economy consistent with the due admin- Mr. HEREFORD. I will state, by way of parenthesis, that the bill istration of the Government, we have thn.t sort of economy which which I had the honor to report for the improvement of rivers a.nd re-arranges the order of the Government as the bull arranges tho harbors appropriated between $800,000 and $900,000 less than the ap- china on the shelves of a chinn.-shop when he is turned- loose into it. propriations of last year. And I will ask my friend from Ohio [Mr. [Laughter.] Economy is orderly retrenchment, justified by facts FOSTER] if he did not vote for tbat same river and harbor bill f I given, by facts ascertained, and justifieu by those most intimately should like an answer from the gentleman. I ask him if he did not acquainted with the. necessities of the Government. In every in- vote for the river and harbor bill himself 7 stance where lihose reasons existed and those facts were given this Mr. FOSTER rose. side of the House bas voted for the reduction. There it:~ not a single Mr. FORT. I aaked the gentleman from West Virginia a question; Department of this Government which has admitted that they could and I did not vote for the bill. sacrifice without detriment to the public service even one clerk that Mr. HOLMAN. One at a time. this side of the House has not cheerfully voted for the reduction. Mr. FOSTER. Does the gentleman from West Virginia want an And so it has been with ti.ll tlle appropriations, where we thought we answer! · could dispense with any disbursement for the next fiscal year. It is Mr. HEREFORD. Yes, sir. not fa.ir nor just, therefore, to say there is any opposition to economy Mr. }'OSTER. I found that the gentleman from Pennsylvania, on this side of the House. Gentlemen know it is our interest as well [Mr. RANDALL,] the chairman of the Committee on Appropriations, as our duty to go to the last point in retrenchment and economy con- and t)le gentleman from Indiana [Mr. HOLMAN] were not opposing sistent with the success of Government and with our obligations to the bill, and I voted for it. the people. of the country; and we will do it. Mr. HOLMAN. I voted against it. Mr. HOLMAN. I wish to ask the gentleman this question. He has Mr. }'OSTER. Where was t.he gentleman's voice at that time f complained of the delay of the Committee on Appropriatio.ns. Mr. HOLMAN. You voted to suspend the rules. I said all tP,at Mr. KXSSON. That is going back to another matter, and I hope could be saiu on a motion to suspend the rules. I demanded the yeas the gentleman will not keep me on the floor for that purpose. and nays. Mr. HOLMAN. But one moment. When the Secretary of War, Mr. FOSTER. And where was the gentleman from Pennsylvania J ndge Taft, came into that office and reduced the estimates of his at that time f We did not hear his voice. predecessor, reducing those estimates some $5,000,000, did not the state Mr. RANDALL. The gentleman from Pennsylvania was here, as of things which justified him in making that reduction show it was he always is. The record shows where he was. proper the House of Representatives should be patient in its eftorts The SPEAKER pro ternpo1·e. The gentleman from West Virginia to reduce appropriations-patient for still further reduction justified has the floor and will proceed. by the same circumstances aml by the estimates which had been sent Mr. HEREFORD. To answer more fully my friend from Ohio, [Mr. in for their appropriation bills! FosTER,] before taking up the thread of the remarks I was about to Mr. KASSON. No, sir; for a long time had elapsed since the former make, I will say that the river and harbor bill, which I had the honor estimates had been sent in, and since they had been sent in there had to report, and for which the gentleman himself vot.ed., not only was been a change of administration of that Department. $800,000 less than the appropriations of the preceding session, but it Mr. HOLMAN. Did it not apply to all the other bills f was over $8,000,000 less than was recommended by the Secretary of Mr. KASSON. It did not apply to all the other bills. There was the Treasury and the Secretary of War ; over $3,000,000 less than was no other such change in admmistration. He simply omitted those asked for by the A(lministration, as the gentle=nan will find by turn- things which a further lapse of time had shown it was possible to ing to the Book of Estimates, on page 126. So much, then, Mr. Speaker, dispense with or postpone. Not content with that, the gentlemen for the river and harbor bill. go beyond.what that admittedly honest and intelligent officer ha-s Now, with the permission of my friends on the other side of the said was right and proper, and propose to mount on the Army appro- House, if they will give me their attention for a few minutes, I will priation bill, which could pass without trouble except for that very try to tell them why it is that the people of the United S.ta.tes are fact, provisions going far beyond what the Secretary said could be holding the party in power to such strict accoul\tability. It is this: done-to pnt on provisions destroying part of the Army, leaving the When you turn to the report of the Secretary of the Treasury you frontiers unprotected and our permanent forts unguarded, and insist- find that on the 1st of July, 1866, the public debt of the United States ing that we shall not maintain the Army accoruing to law unless we had reached the highest figure, and waa then $2,773,236,173. Since destroy at the same time a fourth or a fifth part of it. that period what has be!3n dmwn from the people of the United It is that conduct to which we object on this side and to which we States t If you turn to the reports of the Secretary of the Treasury, shall continue to object. you will find that since 186t:i to the present time you hav~ collected Now, Mr. Speaker, I come back to the m:j~>in point for which I rose, from the people $4,682,000,000, nearly $2,000,000,000 more than the and that is to say that there is absolute necessity for us to do one whole debt. No man can deny these facts. Your debt on July 1, thing or the other in order to save the Government of the country 1866, was twenty-seven hundred and odd million dollars. Since from dishonor and discredit, caused by our action or non-action. that time, as the report of the Secretary of the Treasury shows, you We must either re-appropriate now what remains of former appropri- have collected over $4,600,000,000, nearly 2,000,000,000 more than the ations, or rather make them applicable by this resolution to the serv- whole debt; and yet what is your indebtedness to-day as it is shown ice of the next fiscal year, or else our conference committees must by the last report of the Secretary of the Treaaury 7 come to some early understanding with the Senate upon that old Mr. HURLBUT. Will the gentleman allow me to interrupt him a ground on which we have so often met-upon that established rule single moment Y which is founded in sound reason,justice, and experience. Mr. HEREFORD. Wait a Jit.tle. Mr. HEREFORD rose. The SPEAKER pro tern.pore. The gentleman from West Virginia Mr. ATKINS. Before the gentleman from West Virg~ia begins I declines to yield. 3860 CONGRESSIONAL RECORD--HOUSE. JuNE 17, Mr. HEREFORD. I say it is shown by the last report of the Sec- knew· all that before. But he goes further; he proposes to Congress retary of the Treasury that we were in debt on the 1st of July, 1875, a measure, a precedent for which does not exist in the annals of the $2,270,000,000. The people of this country are asking this Congress, Government, a proposition that the Government may spend what they are asking m:en here of n,ll parties-democrats, republicans, and money it requires whether Congress makes any appropriation or not. liberals-what have you done with nearly $5,000,000,000 since 1866 T He sends us the form of a joint resolution which provides that the You have only decreased your debt about $450,000,000, and we have Government may go on under existing laws, which expire by limita- paid you nearly $5,000,000,000. tion at the end of the fiscal year, and spend as much money as is now Mr. HURLBUT. I wish to make a parliamentary inquiry. I wish provided for the coming fiscal year until Congress shall act in the to know whether it is in order for the gentleman from West Viro-inia matter. to SllY "you have increased our debt" and "you have done" so and so f Mr. FOSTER. I would like in good faith to ask the gentleman a I want to know whether he means to exclude that side of the House question. :from any responsibility for the debt; whether be bas the right to say Mr. WOOD, of New York. Very well. "you" and " your." Mr. FOSTER. Will the gentleman state what course the Admin· The SPEAKER p1·o tempore. Does the gentleman desire the Chair istration could take on the 1st of July in case these appropriation to pass upon a. matt.er of rhetoric f The Chair declines to do so. bills are not passed before that timef · Mr. HURLBUT. It is not a matter of rhetoric, bnt of order. Mr. WOOD, of New York. I will answer the gentleman. I sup· Mr. HEREFORD. That is the trouble with our friends on the other pose the Administra.tion, under those circumstances~ would do pre- side. They come here and talk to us about being in favor of unio?, cisely what my friend from Ohio [Mr. FosTER] or myself would do; peace, and harmony and brotherly love, and yet no ~entleman on th1s if we had not the money of our own properly to be used for any spe- side of the Honse can arise and make a few remarks upon any sub- cific and legitimate purpose, we could not expend it. If the money is ject that it is not thrown into his teeth that he happens to h:we been not appropria.ted, I agree with the President and my friend from Ohio born or to represent a districteonth of Uason a.nd Dixon's line. Upon that it cannot be expended, for to do so without authority of law any and upon all occasions that must come np. It has been so every would be a violation of the duty of the President. There is no ques- session since. I have been here; and whenever we talk on this side of tion of that fact. the Honse about retrenchment and reform the" bloody shirt" is au But I do not apprehend any such result. I cannot comprehend that answer to us. If we talk about peculations and frauds in high places the President himself, when he put his name to that document for or in low places, the answer is the " bloody shirt." Thank God, I be- the reasousj.herein stated, could have assumed for one moment that lieve that the people of this country are about to rise in the might the two Houses of CongreBS would finally conclude to ditler on the and majesty of their power and say to those who breathe such a spirit, question of appropriations. I apprehend it was for another motive, "We desire your presence in the national councils no longer." I be- for another purpose, that that message was sent to us. Itrwas to co-: lieve the great mass of the American people are in favor of this. erce one branch of Congros8 into yielcling to n demand upon the part But let me come back for a moment to the matter I was discnBSing of the Executive anlic t;ay that our committees of investigation are intended to strike down money does not know the amount to be appropriated f While I do · some loyal man or '' assassinate cha.tl:!cter." That is the answer to all not assume that we have original and absolute control, still as a por- of them, but the people think differently. They are coming back all tion of the law-making power of the country we have the right to the time to the question what has become of the $5,000,000,000 which judge. have been drawn from the people during the last ten yeaTs. Gentle- Mr. KASSON. Will my friend yield- men on the other sido, when the question of economy comes up, say Mr. WOOD, of New York. As I said the other dtty, while under that they are in favor of econo~y, but they oppose any steps in that our system of government the legislative branch is modeled upon direction, and they come to-day in the person of the gentleman from that of England, the House of Commons in Engl:md is never inter- -- , Illinois [Mr. HURLBUT] and make a threat to this House that if we fered with either by the Crown or by the House of Lords in reference ~o not continue these appropriations upon the same magnificent and to any money bill it may initiate or pass; but the appropriation extravagant scale they have been doingwhile they have been squan- made by the House of Commons is final. They tell the government dering $5,000,000,000 tlley will holcl us responsible to the people. As how much money is necessary to be expended, they make the arwro- far as I am concerned, I accept the responsibility, and I shall go be- pri:ltion of that amount of money, and that' appropriation is nevor fore the country with my feeble ability and oppose all men and all interfered with. parties who will not vote for retrenchment ::md reform and who Mr. KASSON. Now, will my friend yield-- will not give the widest scope to inform the people through investi- Mr. WOOD. of New York. In a moment. While! do not hold that gating committees and otherwise what has become of tho $5,000,- this House sh'o uld take that independent position, while I know thab 000,000 wrung from the hard earnings of the people during the short under the practice of our Government the assent of the Senate is period oi ten years. nece!!Bary to all our money bills, and the assent of the President is 1\lr. WOOD, of New York. Mr. Speaker, I should regret exceed- also necessary unless we pass them over his vet<>; yet I deny the right ingly that Congress should fail to pass the necessary appropriation of the President of the United States, or of the Senate of the United bills before the expiration of the fiscal year. I should regret very States, or of any other power in this land, to take from this Honse its much any embarrassment that the Government should feel in conse- right to originate those billR, it,s right to consider them, its right to quence of any differences that might possibly exist between the two refuse or to assent to any amendment made by tbe Senat.e, it.s inde· Houses on questions of money. I am quite sure, sir, that, in common pendent right, without intimidation or coercion, or in1luence of an with a very large majority of the members of this House, I am re- executive or any other character, to judge for itself what it is right solved to do everythin~ I can do consistent with the sense of duty and and proper to do. the oath of office whicn I took at the beginning of this Congress, to This House is responsible to the people, and is the only branch of make the appropriations that may be required for the proper conduct the Government of the United States that does represent the people, of the Government for the ensuing year. coming as it does directly from the people. The Senate does not But when I say this, Mr. Speaker, I am compelled to express my directly represent the people of the United States. The President of regret that the President has seen proper to send us this communic~ the United States once in four years is the creature and the creation tion. I think, sir, he has been very, very badly advised, and I think of the people. The members of this House, coming from the people that the responsibility which he ostensibly from his position neces- every two years and returning to them every two years for its judg- sarily must assume for sending us that communication should be ment upon their conduct, while they are m~mbers of this House are properly placed upon other shoulders. directly responsible to the people. In the first place, there wa.a no necessity for this communication. Mr. KASSON. Will the gentleman now yield T In the second place, the message itself does not contain one single Mr. WOOD, of New York. Certainly. new idea; and in the third place, I recollect no instance which estab- Mr. KASSON. I would ask my honorable friend to read 1he clause lishes a. precedent for a communication of this kind sent to Congress of the Constitution which gives to this House the exclusive right to under circumstances such as now exist. The President tells us, and originate appropriation bills. And I would also a.sk him if he does • calls attention to the fact, that it is the House that is to be instructed not remember that even revenue bills may be amended by the Senate f upon this subject. The President tells us the appropriations will The gentleman alluded to the practice in England; that is wholly expire on the 30th of the present month. We knew that. He refers different from the practice in this country. us to the law upon the subject, and that no money can lle drawn from M:r. WOOD, of New York. I have not denied the proposition of the the public Treasury except in pursuance of law in pursuance of ap- gentleman from Iowa. propriatwns made beforehand. We knew that. He tells us in addi- Mr. KASSON. But the gentleman said that this House had the ex· tion that after the 30th of this month the Treasurer will not have elusive right conferred on them by the Constitution-- power to respond to any obligation that exist against the Govern- Mr. WOOD, of New York. 'I say that this House has the right to ment. We knew that, sir. ori~inate the bills for the appropriation,of public money. I therefore repeat that so far as reference to law is concerned we ~Ir. KASSON. Will the gentleman read that clause f 1876. CONGRESSIONAL RECORD-HOUSE. 3861. Mr. WOOD, of New York. The clause refers directly to revenue :Mr. RANDALL. And there is not an item in any appropriation bills. bill that has come from the Committee on Appropriations at this Mr. KASSON. Revenue bills are not appropriation bills, session that has not been duJy considered by that committee. Mr. WOOD, of New York. I have seen that clause of the Consti- Mr. KELLEY. I am not considering the dead past ot· how the re- tution so construed as to apply to money bills of every character, be- ports of committees of conference have been disposed of. cause they pertain to the revenue. Therefore the gentleman is not Mr. RANDALL. I am looking to some of the wounded. strictly accurate in his strained. construction of even my hasty de- Mr. KELLEY. I am looking to the living future. What are to be claration of what our constitutional rights are. the provisions of the appropriation bills that are yet to be agreed Why is it assumed that there is to be a dead lock between the two upon and reported by the committee Y When are they to be reported Houses f Who assumes itt Are we to construe this assumption as to and considered by the House Y Are they to be passed under tho the result of a determination on the part of the other branch of Con- previous question in accordance with intimations just given by the gress to refnse it.s assent to our bills t Is it the intention upon their gentleman's significant allusions to the past, and then sent to the part to produce a dead lock if we do not consent to their modifica- Sena~ and thence to the Executive f No, sir. The message js not tion of our bills f Do they propose to bring the executive power to indecorous or inopportune. Tho President sees what every good cit- bear upon us, and to say in advance that they will place as before the izen sees-that if action such as he suggests be not had the Govern- people of this country in such a position that the creditors of the ment will be paralyzed twelve days hence. Government will hold us as a party responsible for the exercise of Mr. RANDALL. Just as the people's industries are now. what we consider our le~timate and proper function f Is that the ob- Mr. KELLEY. Its custom-houses will be closed; its postal arrange- jeot f Is t.he presidential canv~.ss to be opened in advance in this ments suspended; its commercial credit dishonored by any draft ar- way f History furnishes very many instances of precedents .to con- riving after the 30th of this month for payment from any one of our firm my suspicion of what is the intention in this case. consular and diplomatic representatives. If ever an exigency called Responsibility! Why, sir, we will take that; we will always take upon the President to brin~ "the state of_tho Union" to the attention the responsibility of our public acts when they commend themselves of Congress aud to su.bm1t a measure to its consideration, the im- to our conscience. The people of t.his country are compelled in their pending exigency does. individual affairs to retrench; and they do not understand why we What does the President suggest t Does he, as the gentleman from should keep U{l an expensive, extravagant organization of the Federal New York [ M.r. '\VOOD] intimates, or~oinate or attempt to originate a Government while they themselves are so dependent, so impoverished, bill f Does he trench upon the prerogatives of the House f No. He and so destitut-e. If our friends on the other side threaten to go be- sees the possibilities of the future; h'3 sees the grounds and breadth fore the people upon the naked issue whether this Honse should con- of the controversy between the two Houses ; and he a.sks that a law tinue this paraphernalia of Government, ~tablished upon such a recently repealed, which had existed, I think, for the whole life of splendid and extravagant basis, or retrench as propof!ed by the House the Government, allowing the application of unexpended balances to of Representatives, we will go there; and if we are to understand the uses of the Government shall be revived in order that the two that the presidential election is to determine whether the party in Houses may have time to deliberate and agree upon appropriations power shall maintain its exorbitant scale of disbursement, whether for the coming year. He takes no part with either House. He has it shall keep up this immense horde of paid followers, whether it shall no intimation to make as to the wisdom or ot.herwise of any pending have its emissaries and agents, paid out of the public Treasury, in bill or of those yet to be reported in this seventh month of the ses- every precinct and almost in every man's bouse-if that, sir, is to be sion by the Committee on Appropriations. But in substance he says: the ~ound on which we are to go before the country in the coming ''While you are in conflict let the functions of the Government be prestdential canvass, I have no doubt of the result. The American exercised to tho extent that they can be upon unexpended balances people are not in a mood at this moment to continue that which is of appropriations for this year." subversive of their liberties and rights as well as absolutely destruct- If any man be ingenious or fastidious enough to find a purpose to ive of their material interests. trespass or trench upon the prerogatives of this House in this sug- • I hope that the usual course between the two Houses in attempting gestion, his ability in that way is keener than mine. to adjust their disagreements as to these bills may continue. I hope ~fr. WOOD, of New York. My friend from Pennsylvania cannot there will be no strong, resolute, determined effort upon the part of have forgotten that the President sends us a form of law by which either House to adhere to anything which in itself cannot be defended we shall agree to iutrnst to the beads of the Departments of the Gov- solely upon the ground of the public good. As one member of this ernment tbe expenditure of any amount of money they may please. House, I desire no partisan or political advantage in this matter. I There is now upon the Clerk's desk a form of law draughted in the Ex- desire to vote the moneys necessary to the support of the Govern- ecutive Mansion, to bo passed by Congress, in the shape of a joint ment. I do not want to embarrass the Administration. I want the resolution. machine to run on in its integrity, but on a basis that shall come down ~r. KELLEY. Yes; in order to show by what asimpleprocessthe to the actual condition of the American people. For that I shall strug- impending danger ma.y be averted, the project which my colleague has gle and contend to the last. proposed, and properly, to refer to one of the committees of the Honse, Mr. KELLEY. My friend from New York [Mr. WOOD] says that is submitted by the President in the form of a joint resolution. He be thinks the President has been badly a~vised, and that such advice says the "better to express my meaning I embody it in the form of a has influenced him to make the communication he has made to us this joint resolution." Where is the indignity upon the House Y Wherein morning. Sir, I do not think any man is ever badly advised by going does that trench upon the prerogatiYes of the House f Wherein is it to the Constitution of the United States for counsel; and I find in sec- improperf I fail .to see anything improper here. tion 3 of article 2 of the Constitution a provision defining the duties The gentleman (lenies the right of the President to originate a bill. of the President, which says: He denies the right of the Senat.e to originate a bill. He deplores the fa-ct that we are not English, while I thank God that we are Ameri-· He shall from time to time ¢ve to the Congress information of the state of the Union, and recommend to thetr conaidemtion such measures as be shall judge nec- can. He deplores the fact that the functions of t4e Government in essary and expedient. this particular are not vested in the majority of this Honse alone, This is the 17th of June; to-morrow is Sunday. Beyond that while I rejoice in the fact that the Senate may, by express provision there are eleven working days of the fiscal year; and nuder a recent . of the Constitution, amend and alter t.he action of this House. In law prohibiting the expenditure after the expiration of the year of the event of disagreement between the :ijouses conferences may be unexpended balances, the Executive will be without one cent of had. So that tM best sense of either or both may be applied to our money which it may apply to the support of the GoYernment. But legislation. A bill cannot become a law until both Houses have had elt!ven days of the fiscal yeru.· remaining and three appropriation bills separate discussion and a-ction upon its provisions. not yet agreed upon by the Committee on Appropriations. I believe that in a multitude of counselors there is wisdom and Mr. WOOD of New York. May I remind my friend from Pennsyl- sn.fety, and that this truth is again illustrated by the danger the Presi- vania-! thi;;k he was here at the time-that appropriation bills have dent seeks to avert; for, sir this session of this body will show the 1 been passed in this House without even being read at the Clerk's desk f country the danger of a single-Honse Legislature. Let us look at our One bill appropriating millions of dollars was passed through the own experience. It has shown the wisdom of the reference of all House in five minutes. questionM to committees. As the country has grown and the number Mr. KELLEY. I will remark that the majority of that Congres.~ of Representatives has increased, the number of standing committees wns not an opposition majority and bad not sought to force a dead has been enlarged. When t came here the duties now pel"formed by lock between it and the maJority at the other end of the Capitol. the Ways and Means, the Appropriations, and Banking and Currency Mr. RANDALL. Does my colleague know how much time it took Committees were performed by one committee, known as the Com'- ~o pass the sundry civil bill at the last session t It embraced appro- mittee of Ways and Means. It was found wise to divide the fun:ctions· priations to the amount of $27,000,000, but it was passed in about two and submit them to three committees, to thirty-tbree gentlemen in- minutes and a half on the morning of onr departure. We were de- stead of to nine, by increasing the number of members of ea:ch as weil bauedfrom suggesting any reductions or anything else, and there was as of committees. Yet, sir, one of the first act.s of the· majority of this- not one man iu ten in this House w110 knew what was in that bill. House was to consolidate the business of the House within the juris- As one member of the conference. committee I refused to sign the re- diction of a single committ.c e; to divest every committee whose busi- port. ness required or should require an appropriation of its power, and to Mr. FOSTER. Neither do members know what is in these bills. vest it in the Committee on Appropriations. Thus having concentrated Mr. RANDALL. Yes, sir; everyappropiation bill this session save the labors, duties, and power in one committee, great blunders have one ha.s been discussed. · beeu made. Mr. FOSTER. Not one man in ten understands what is in them. Mr. RANDALL. Name them; let us hear what they are. 3862 CONGRESSIONAL RECORD-HOUSE. JuNE 17, Mr. KELLEY. ·why, the att-empt to change the function of the calling the attention of Congress to its duty when the faith and several Departments of tho Government T credit of the Government are in peril, and the Government itself is Mr. RANDALL. That is a very light blnndor-a very tender mode fractiously threatened with paralysis. of expressing it. 1\Ir. BLACKBURN was at this point called to ihe chair as Speaker Mr. KELLEY. Th~ transfer of the Indian Bureau to the \Var De- pto tempore. partment wa.S a matter well worth. consideration; it was a subject Mr. COX. I would not take. up the time of the House now except which might \Yell have had-the ~onsideration of the Committee on for certain imputations which have been thrown on the famous re- 1\IilitarY .A:ffaiis . .a,nd of· the Coimmttee on Indian Affairs. trenchment rule, 120. This rule I had the honor to introduce from the Mr. RANDALL. It had both. Committee on Rules. It is my pleasure to defend it. Besides, I speak Mr. KELLEY. It should have been amply discussed in this House, because of remarks made by the distinguished gentleman from Penn- as it would have been if reported by the appropriat-e committee. sylvania [Mr. KELLEY] in relation to the Committee on Banking and Mr. RANDALL. ·Ithad both. 'fhe Indian Committee recommended Currency and the silver bills. the transfer after the Committee on Military Affairs had acted on it. BANKING AND CURRENCY OOM:MITI'EE DEFENDED. • We followed the line of their su&gestions except as to reduction. As to the last matter, let me say tliat the House will recollect that Now go on with yonr blunders, ana I will explain them one after an- at the beginnin(J' of this session there was a discussion as to which other as fast as you state them. committee should take charge of the currency business. It was con- Mr. KELLEY. I will not enumerat-e them. tended by gentlemen on one side that the Committee of Ways and Mr. RANDALL. You cannot. Means was the only proper committee, because the greenback was . Mr. KELLEY. I leave them to the sense of the country. currency, and because, being a debt also, it had charge of it by vir- -Mr. RANDALL. You ought to be informed, and therefore you ought tue of raising ways and means to support the Government. It was to state them. · argued that to it belonged the exclusive jurisdiction on that sub- Mr. KELLEY. What is that you say! ject. It was contended, on the other hand, that the Committee on Bank· Mr. RANDALL. You ought to be informed. ing and Currency should take control. As the author of the measure Mr. KELLEY. I am. dividing the old Ways and Means into three committees, I was com- Mr. RANDALL. You do not state the blunders. You have made pelled to speak. My remarks were to the effect that it would be a declaration you cannot snstain. well if all the wise men of both committees and in Congress should Mr. KELLEY. I propose to discuss the question at issue aa it give their best attention and judgment to the solution of our most strikes my mind. difficult and perilous problem. But the gentleman from Pennsylvania Mr. RANDALL. Give the House a little detail of your mind. · took great care in that debate to assume for his Committee of Ways Mr. KELLEY. I apprehend that the country will brand them all and 1\!eans that it was the only committee which should have the as blunders, or something worse, and I assert unhesitatingly that the power to consider and report such measures. Now, sir, when ha com- whole legislation thus att-empted to be interpolated into appropria- plains of the committee of which I am chairman, may I ask if any tion bills was to force a dead lock between the two Houses on those report has ever come from the Committee of Ways and Means T Cur- bills. Why is it that within eleven or twelve days of the end of the rency bills have been referred to it as to my committee. We have fiscal year bills are still withheld by that committee T Why is t.heHouse reported something to remonetize silver. Has his committee reported :md the Senate and the Executive and the country not to know what anything' · in the last days will come forth from that committee t Contemplat-. :Mr. KELLEY. Will the gentleman allowme to state my position T in~ the facts just alluded to, with the fact that almost every appro- Mr. COX. I prefer not to yield now. pnation bill is loaded with legislation, under the rule I have referred Mr. KELLEY. Let me say that I held that the Committee of to aml which I have the right to refer to-- Ways and Means had the right over the money and bonds, and that 1\Ir. RANDALL. It is all in the direction of economy. the currency or bank paper belonged to the Committee on Banking Mr. KELLEY. I have the right to say the country will believe, and Currency. as I believe-- Mr. COX. It is enough to say that we have had no rel?ort on money 1\Ir. RANDALL. Not in extravagance. or greenbacks or any kind of currency from the ComiDlttee of Ways Mr. KELLEY. I have the right to say the country will believe, and Means. But why should I blame it on account of this T No as I believe, that the object has been, not economy-not economy, committee of this House, no party in this House, has been ready sir, but a dead lock. · thus far to make a satisfactory report. · Nor has the recent con- Economv ! Was not the fractional currency good enough t Why vention of the repub1ican people at Cincinnati given any definite issue gold~bearing bonds to buy a new form of fractional currency, conclusion on that matter. All conclusions have been general and if economy were an object T inconclusive. There are no remedies proposed. Why, sir, in Cincin- Mr. RANDALL. Not any dead lock about that. . nati tho other day, was it au uncertain or a certain sound as to the Mr. KELLEY. Why sell bonds bearing interest in gold, and buy repeal of this resumption law f I say to the House what I said the material to make fractional cnrrencyT Forty millions of dollars of other day, that the Committee on Banking and Currency will take ~old at 5 per cent., and in twenty years you will have paid $40,000,000 that matter up for consideration as soon as a quorum appears. We mterest and still owe the $40,000,000 bonds, with much less than have no desire to postpone it now that a privilege is afforded us tore- $40,000,000 to show for the 0,000,000. You had a fractional cur- port at any time. A quorum will be here on Monday. All intima- rency which when the holder lost a piece he lost it, and the Govern- tions of disinclination to consider and report on that critical question ment gained its denominational value; but when the holder loses a will be easily repelled by the franknesa and future action of that silver coin which you have bought with gold, he loses it and the committee which has been peculiarly honored by the House. Government loses its intrinsic value. In the face of such wanton ex- THE Gli.EAT RULE OF RETRENCIJMENT-120. travagan laid down by Cushing, ~ 2039. In- This Congress will not shame the history of its origin, nor degrade stances of the value of this principle may be given pertinent ta our the lofty privileges granted to it by the Constitution. It will not newly-amended Rule 1201as when blanks are left for salaries, rates, allow them to be abridged or frittered away by making itself the &c. These are filled up m committee, but on the report the House supple slave to an exacting Sena.te or a grUB-ping Executive. It is, may reduce their amount. To increase requires recommittal. So, too, by organic law on t~ matter, the master. deductions from custom duties may be entertained by the House, but SENATORIAL ASSUMPTION. payments out of the revenue must be consiuered in committee. If, I am not sure that it might, malgre all usage to the contmry, bo therefore, the Senate objects to the reductions of our appropriations, held that the Senate has no more right to originate or destroy the we plant ourselves upon this priceless princ_iple, lying at the root of fundamental propositions or substance of. our monetary reform bills parliamentary law and frugal legislation, namely, to guard closely than it has to pass bills of attainder, ex post facto orretrospectivelaws. and make facile the blessed privile~e of retrenchment; consider long, When it has proposed amendments, and we do not concur, is it not ~eedfully, carefully, andjealouslytne dangerous privilege of increM- its duty to yield formally to the House f Is not the House the egg rng burdens. Whereas, as I have shown, under our rule of many years' or source of the only money bills to be passed f Does merely propos· standing, only amendments on appropriation bills were allowed so as ing an amendment give the right to defeat or reject the bill alto- to increase, the new order plainly recognizes the sacred, traditional, getherf rational, and invalua.ble popular right of curtailing expenditures! A distinguished English parliamentarywriter, :Mr. Hatsell, rejects as To this branch of Congress belongs the credit of building this smooth precedents all the proceedings of both Houses from 1641, when Charles and broad highway to reform. Without it all platforms and plat- I went to the Commons to arre tits members, until the restoration. itudes, all promises and pretentious to economy are at~ ashes! · May we not ask, are not all recent precedents found in the Senato over- MENACE FROM "EXECUTIVE AND SENATE. stepping the express constitutional privilege of the House to the con- Yet we are confronted at the closing of this Congress with the men- trol of money bills equally valueless f If it were not so, would not an acing challenge of the Senate. \Ve have sent to them onr bills, :framed architect who is consulted as to n.ltemtions in a house claim the right in the spirit of economy. The consular and diplomatic bill was passeu to tear down and build anew 1 Ma.y notthis peen liar authority of the here after much difficulty and contention, but it passed almost unan- House as to money bills exclU(ling the Senate from any proprietorship imously. The Senate at once disagrees with the House. The legisla- in the substantial Jegisla.tion be the very method intended to prevent tive, judicial, aml executive bill, which had forty days and forty the "dead lock" so often threatened and so often feared f May it nights of a deluge of debate, passed almost unanimously. The Senate not be the plan adopted by the sages of the Constitution to keep the a sumes and presumes at once to usurp our function. By a thousand wheels running without hazard of losing supplies by conflicting amendments it would make it not only a _n ew bill substantially, but bodies f would thereby resuscitate the old bills, as to which the popular repro- But it is not necessary to assume or assert so much as this proposi- ba.tion is fresh and uncompromising. Our other bills are to share the tion involves. It is enough to say now to the House as a matter of same treatment. Let us meet this contest ii l'otttrance. Let us be political ethics: Stand on your superior vantage-ground I Adhere to patient. The people are behind us. Let the House stand upon the an- yom" own rule of action and your own principle of retrenchment! cient ways. Let us re-assert its undoubted privilege. No prerogative Bate not a jot of heart or hope, but press right onward to the relief of power, no assumption of equality in this matter, is to be tolerated. of a deficient Treasury and a plundered people! Thus acting you No pretentious dignity or increasing usurpation of power on the part will be crowned with the approbation of a grateful constituency. of ~he Senate will excuse the representatives of the people from the THE CO~STITUTIONAL PROVISIO~. coura~eous performance of their duty. If these bills fail and the very In this grapple between the representatives of State sovereignties orga.msm of government itself stops, as is threatened by the menacing and the Representatives of the people it would be as well before the message read to-day, forwant of the motive power, the corrective will final struggle and test to know precisely in what consist the respect- be applied by the popular mandate, from which ther~ is no appeal, ive elements of strength. What is their vigor as derived from the and before which the Senate is impotent. Constitution f If in seeking this knowledge we find our quarrel just / There is, therefore, in this dilemma no other course for us but re- we shall have the added strength of conscious rectitude, and we will sistance to encroachment. If the Senate will copy the example of not fail. the House of Lords in some of its attempts to encroach on the Com- The first clause of the seventh section of the first article of the mons, let them at once make it a standing order to "r~ject a.t sight" Constitution declares that- all of Om' appropriation bills. Much better and braver would be this All bills for raising revenue shall origma.te in the House of Representatives; but contemptuous treatment than the pretense of considering our bills in the Senate may propose or concur with amendments as on other bills. detail only to reject them en bloc. · Now, what is meant by bills for raising revenue T Does the clause JEALOUSY OF THE SENATE. apply to all "money bills," and does it include "appropriation bills T" It is in the. beauty of proportion aud its compensa tiona of power I ma.intain tha.t it does, and that that was the meaning of the clause. that our Government finds its best eulogy. Let one branch encroach Bills for spending as well as for the raising of money are to be consid- upon another, and it will become as Mr. Madison once said of Greece: ered as belonging in their origin to the House. "All clauses," says ahe was undone as soon as the King of Macedon obtained a seat Cushing, ''relative to taxation are divisible into two classes, namely, among the Amphiotyons. It was not alone the monarchical form of those which relate to raising revenue only and, second, tho88 which the new confederate, but the disproportionate and disturbing force. embmce both the raising and spending of money." The constitu- Give to the Senate a power over appropriations ungra.nted and tions of New HampBhire and Massachusetts use the term "money pernicious, and you not only give it a force in our Federal economy bills" to include the raising and appropriation of money. In Georgia, dlsproportioned and jarring to the general harmony, but you place and perhaps in other States, appropriating moneys is used in order to upon the House itself a responsibility disproportioned to its power. be more cautious and definite. I would not pilloe too much confidence in the Senate. It may be as CO~TEMPORANEOUS DISCUSSIO~. , fatal as too much jealousy of the people. If a Senate which comes In the discussion of this clause in the constitutional convention, as within one vote of impeaching Andrew Johnson, to aggrandize its will appear in Madison's Debates, volume 3, pages 1306, et seq., all the own power, could thus arrogate more than it should, are we not wise eminent debaters regarded " money bills" as within the signification to be jealous of its power when it would breed confusion and dis- of ''revenue." To originate aml tax, to tax and appropriate was, by content by tampering with or denying great reforms made by the the constitutional fathers, consiuered grouped in one subj,ect-" money popular decree and by the popular branch T bills." "Money bills "-the exact language of English statesmen- TAXATIO~ THE GREAT ISSUE IN ADMIXlSTRATION• . had reference to all uses of the morrey raised. History teaches that in all contests for power between the governed ENGLISH DEFINITIONS OF MONEY BILLS. and the government anu between different departments of the gov- Iu oruer, however, accurately to define tho 'iO:Qst.i;.tQ.tioDal clause, we 3864 CONGRESSIONAL RECORD-HOUSE .. go with the commentator J ndge Story to its source. He makes no large share of thepropertyoftherealm; a reason whichinnovalidsense question as to the origin of this clause: applies to our Senate, which represents not their own estates, nor the It is borrowed from the British House of Commons, of which it is the ancient and people, nor their property. If the Senate may simply propose amend- indisputable privilege and right, that all grants of subsidies and parliamentary aids ments or simply concur in them, it does not derogate from the high shall begin in their house, and are first bestowed by thom, although their grants are not effectual to all intents and purposes until they have the assent of the other privilege of the commonalty to restrain lavish and improvident ap- two branches of t.h e legislature. (2 Story, ~ 831.) propriations. To allow the Senate to concur is easy and pleasing; to BLACKSTO?\'"E A.I.'\D STORY AS AUTITORITY. allow them to propose amendments is respectful and conrteons; but Blackstone, with his usual perspicuity, enforces the statement of to allow them to so propose as to add immense sums to gra.tify the Story by a clear statement of the functions of the Commons in this craving of a greedy Executive and a horde of salaried parasites, is to relation. I quote from his first book, page 169 : place in peril pf explosion or escape the very motive-power for the The peculiar laws and customs of the House of Commons relate principally to machinery of government. To allow the Senate to reject our bills, to the raisin!! of taxes and tho election of members to serve in Parliament. permit radical alt~rations, and to change the conditions of the dis- First, with reg:ml to taxes, it is tho ancient, inctispntable privilege and ri~ht of bursement of money-would it not give the Senate equal power with the House of Commons that all grants of subsidies or parliamentary aids do oogin the House in raising and spending moneyf Would it not nullify and in their house and are first bestowed by them; although their grants are not ef- render meaningless the clause of the Constitution which Judge Story fectual to all intents and purposes until they have the assent of tho other two branches of the legislature. The .~eneral rr.ason given for this exolnsive privilege derives from the British constitution f Would it not in effect destroy of the House of Commons is that we supplies aro raised upon the body of the peo· the equilibrium of the Federal system, by giving to ~evada., with its plo, and therefore it is proper that they alone should have the right of "taxing them· fifty thonsand people and its bonanza Senators, a power of taxation selves. to nullify New York, with its :five millions of people and its diffused But such an experiment will hardly be repeated l1y the Lords under the present improved idea of the privilege of the House of Commons, ana in any case where a wealthf Waa the equality of the States intended to be outside of money bill is remanded to the Commons all amendments in the mode of taxation the Constitution or within it f If within it, then Nevada in money are sure to be rejected. bills mnst remain as .to New Y~rk as .1 in 100. This is the very his- In reading the history of similar legislation in England, I find in tory of the compromise by which this debata.ble clause was fixed in May's Parliamentary Practice that we are conforming to the English the Constitution. mode in this respect. I shall take leave (by the favor of the House) J ndge Story says that the same reasons do not exist to the same ex- to make some elaborate remarks upon this subject. They touch the tent, for the same exclusive right in our Honse of Representatives in constitutional functions of the House. They are entirely unpartisan regard to money bills as exist for such a right in the Honse of Commons. in conception as in delivery. Had be lived to see the demoralizing results of our civil war ; had be The English system as to appropria ion bills allows peculiar privi- read our investigations and reports of malfeasance in office; had he leges for retrenchment-never for increase except under extraordi- observed the tendency of the Senat~ to grow in power by the patron- nary circumstances; and shall we, the Representatives of the American age it fed on; had he seen governors of States newly elect rush people,-we·who are specially charged with the initiation of money from their local capitals to secure the cnrule chair of the Senate for bills-shall we be behind the Commens of England in claiming the its six years of easy dignity, unrestricted patronage, and self-content- privilege which they fought for against the prerogative of the Crown ed power; had be seen the luxury of living, the frippery of fashion, and the assumptions of the House of Peers f I trnst there is spirit the magnificence of our Federal city, the mushroom growth of mere- enough in this House, irrespective of party, to maintain Hs organism tricious ostentation, the pride of official presumption, and the long as it was intendecl to be and as it was modeled aftertheEuglishsystem. retinue of obsequious clientage which follows in the wake of sena- Why, sir, do not gentlemen know that to-day in the House of Peers torial dignity, not to speak of the pomp of the unrepresentative they dare not amend au appropriation bill from the Commons, but southern Senator or the liveried carriage of a northern Senator; had that perfunctorily and with certain formalities they assent, and" as- he seen the senatorial fasces united to scourge Andrew Johnson, a sent" only to those bills making appropriations? faithful Executive, for resisting senatorial decrees, he would have Let me quote from Mr. May : found many counterparts in our day to remind him of the worst days The legal right of the Commons to ori,!tina.te grants cannot be more distinctly of Roman decline, and many reasons which did not occur to him as a recognized than by these various proceedin~rs; and to this right alone their claim contemporary of Clay, Webster, and Calhoun for the almost exclusive appears to havo been confined for nearly three hundred years. The Lords were not right of the Honse over that senatorial patrona,ge which can only live ori~inally prcoludell from amendin~ bills of supply; for thP-re are numerous cases in tue journals in which the Lords amendments to such bills were agreed to ; but by confirmations and supplies. in 1671 the Commons allvanced their claim somewhat further by a. resolving nem. Was it not enough to give to the Senate a part of tho treaty-making con., "That in all aids given to the king by the Commons the raio Ol" tax ought not power and the exclusive confirming power as to Federal appoint- t.o be altered; " and in 16i8 their claim wn.s urgetl so far as to exclude tho Lords ments f 'Vas it not enough to give the Senate the veto over the Ex- from all power of amending bills of supply. On the 3d of July, in that year, they resolved- ecutive will as to his snbordina.tes f Granting these powers, why " That all nids and supplies and aids to His Majesty in Parliament are the sole docs not the same reason exist here as in En~land for the deposit of gifts of the Commons; an1l all bills for the granting of any such aids and supplies this dan~erous purse power in the House f 1s not the lower Honse ought to begin with the Commons; and it is the undoubted and sole ri~ht of the here, as m England, presumed to be nearer the fountain of popular Commons to direct, limit, and appoint in such bills the ends, purposes, considera- tions, conditions, limitations, aml qualilications of snob grants, which ought not to will and intelligence f Does it not more readily, both as to time and be changed or altered by the Honse of Lords." It is upon this latter resolution desire, answer the popular call to hinder all evil courses in the Execu- that all proceedings between the two houses in matters of supply are now founded. tive Departments f Has it not more speedy means to investigate The principle is acquiesced in by the Lords, and, except in l\ases when it is ..5.19; six boxes of lemons, . were called to supper. The landlord wa.s the first to discover it. As Six boxes lemons, $78; two hundred aml five pounds sugar, e2:l58. soon as he took the mush and put it into his milk, he said : "Ugh! yon Six boxes lemons, $75 ; two hundred and thirty·two pounds sugar, $26.58. have ruined this mush; you have put too much salt in it." " Well," The next is "one hundred fa11s." [Mr. WlLLIAMs, of Indiana, here said the landlady, " I did not put in any more than I ought to put in imitated the action of using a fan, amidst great laughter.] it." The landlord said " I did not know you put any in, and so I Two hundred and thirty-fourpounds granulat-ed sugar, e26.91. salted it." "Why, mother," said Sallie, [laughter,] "I salted it be- · Two hundred and thirty pounds powdered sugar, $26.45; six boxes lemonR, fl2. cause I supposed you had forgotten it." Said the traveler," I thought Six boxes lemons, 872; one hundred and niiiety-eight pounds granulated sugar, it was fashionable, and so I salted it." And now it ha.s become so tl2.77. Six boxes lemons, $72 ; two hundred and five pounds granulat;ed.sugar, 2.1.58. fashionable for every gentleman to talk on this floor that I thought Six boxes lemons, $72. I w.ould try it, and now propose to throw in my handful of salt. Three boxes lemons, t36; one hundred and ninety·nine pounds granulated sugar, [Laughter.] · . $22.88. I want to say something about these blunders which have been The total is $1,293.08. Now, who were running this Honse then T committed, a.s we are told, on the other side, and in such sharp and [Laughter.] The trouble with a great many of our friends here, and fluent languDer next. 20th day of July. Mr. FOSTER. Will the gentleman allow me to ask him a question T Mr. WOOD, of New York. It seems to me that if the chairman Mr. HOLMAN. Yes, sir. of the board of managers representing the House is correct in his as- Mr. FOSTER. Were the laws then in force which exist now, to sumption that the Senate believes that the Honse should be in ses- which reference is made in the President's message T sion during the trial, the adoption of this resolution would compel a Mr. HOLMAN. They were substantially in force. convening of both Houses on the day named ; because, unless both 1\fr. FOSTER. I think not. Houses convenes at that date, this resolution will substantially Mr. HOLMAN. The same principles governed substantially at that amotmt to nothing, if I understood the remarks made by my colleague time. The act making appropriations to supply deficiencies for that before he offered the resolution. year was not passed until the 25th of J nly. The act making appro- Mr. LORD. I propose to follow up this resolution by a joint reso- priations for sundry civil expenditures was not passed until the 20th lution that the two Houses shall adjourn to that time, say to the 20th of J _u ly. In other words, four of the appropriation bills in 1861::!were day of November, or to an earlier or later day in that month as may passed after the be~i.nning of the fiscal year and after the 1st d.'l.y of be fixed upon by the two Houses; but I think a day shonld be :fi:xed J oly. And, indeea., gentlemen who have been here any length of before the commencement of the next regular session of Congress. time will remember, or can ascertain by looking over the statutes, Mr. LAWRENCE. I desire to make an inquiry. I would inquire that during the long sessions of Congress it has very frequently oc- whether the managers have examined the question whether the pres- curred that numbers of the appropriation bills did not finally get ence of the Honse of Representatives be necessary in order that the through both branches of Congress until after the close of the fiscal Senate may go on with the prosecution of this impeachment case f year. Mr. LORD. Several of the managers have considered that ques- Mr. FOSTER. The gentleman understands very well that at the tion, and, as one of the managers, I have no doubt the Senate may time to which he refers unexpended balances were nsed ; and since go on as a court independent of the session of Congress. It is an in- that time there has been a law requiring them to be covered into the dependent tribunaL It may adjourn when it pleases. The Honse 1Teasury. · may be represented by its managers, although, of course, the House Mr. HOLMAN. The unexpended balances were at that time cov- must authorize its managers to go there. Severa.! Senators concur in ered into the Treasury. this opinion, but the diflicnlty is that some Senators do not concur, Mr. FOSTER. No, sir. and it seems to me to be settled in the minds of all the Senators, or Mr. HOLMAN. There have only been certain modifications of the pearly all of them, that it would be impossible to keep a quorum of law on the subject since that time. the Senate to try this case as a court of impeachment after the ad- Mr. RANDALL. I call the previous question on the motion to refer journment of Congress. But they are willing to come here a few days the President's message. before the .ordinary time for the meeting of Congress in order to try The previons question was seconded and the main question ordered; the case. and under the operation thereof the President's message was referred Mr. REAGAN. If it is understood on the part of the managers on to the Committee on Appropriations. the part of the Honse and the proper authorities of the Senate that a Mr. RANDALL moved to reconsider the vote by which the message joint resolution adjourning Congress until some day in November will was referred ; and also moved that the motion to reconsider be laid follow this resolution, I hope the House will adopt the resolution. on the table. It is the best thing we can now do. If the case is now taken. up it The latter motion was agreed to. will be full midsummer before we c>ould get away. I apprehend that IMPEACHMEXf OF W. W. BELKNAP. most members here will feel the necessity of not remaining here un- til September or October of this year. I will not be inclined myself, Mr. LORD. I desire in behalf of the managers appointed to con- however, to put it at as late a day in November as the gentleman duct the impeachment against Ex-Secretary Belknap to snbmp; a suggested. I think that the time required for the trial of this case resolution; On appearing in court this morning the defendant again will necessitate a meeting of Congress at as early a day in November made application for an adjournment until November, giving various as may be convenient. I certainly would be disinclined to fix a day reasons therefor; among them the great difficulty of bringing and later than the 20th of November; and it seems to me that the lOth retaining witnesses here in the month of July. Witbput detailing of November would be the better time for Congress to adjourn to. all the reasons given for the motion, I desire to say that the rea-sons As to that, however, I will not insist. presented were such and the reflection of the managers on the sub- What I wanted to say was this: As I have heard the expression of ject had been such that we asked leave of the Senate to confer with opinion among members, I think I but reflect that expression when I the House on this point. say that, situated as we are, in view of the time that must necessarily I desire to say to the Honse before submitting the resolution which be occupied in that trial, it will be prudent for the House to adjourn the managers have prepared: first, that the question of juri.sdiction over. .. ..... 3872 CONGRESSIONAL RECORD-HOUSE. JuNE 17, On the subject of whether the House ought to be in session during the one band, appears by his counsel, and the House, on the other the time the Senate is sitting as a court of impeachment, if it were hand, appears by its managers. necessary fm· me to give an opinion on that subject, I should say, from The managers on the part of the House and the counsel of the de- such examination aa I have been able to give it, that I do not agree fendant have the right to make motions there. It no more belongs with the gentleman from New York [Mr. LORD] in the opinion he has to the Senate t.o settle this question of itself, without hearing coun- expressed. By parliamentary law the House is presumed to be in ses- sel-- sion while the trial is in progress. Occasions might arise when the Mr. RANDALL. Why not f managers would be required to call upon the House for instructions. Mr. LORD. I will explain, if the gentleman will hear me. It no As I understand both the law and the precedents, as well as the ne- more belongs to the Senate to settle this question independently of cessities of the case, it is proper that the House should be in session the motions and arguments of counsel than it belongs to any other while the trial is going on. A friend near me suggests that any judg- tribunal to determine a question of that kind without argument; and ment of the Senate must be reported to the Honse. it is very evident (we must meet this question and we may as well I trust it will be t.he pleasure of the House to adopt the resolution meet it now) that the Senate having once, on the motion of the m::m- which has been presented. !would be ~lad thatthetermsof the res- agers, since the question of jurisdiction was settled, declined to ad- olution should not be changed so as to fix a later time than the 20th of journ, that body of its own motion will not alter that order. There- November. fore unless the managers are authorized to assent to the adjoumment 1\Ir. RANDALL. My judgment is, and I desire to express it simply in some form the result will be that the trial will go on in the month as a layman, in the direction of propriety ancl perhaps of common of July. sense, that this question is one for the court to determine, one that Mr. RANDALL. The Senate, after having declined to agree to an b&ongs exclusively to the court. The court sitting in this case is the adjournment, wants to throw upon this House the entire responsi- Senate of the United States. Whatever they may determine upon, bility of a postponement. - I do not doubt the House will accede to. But that court is the body Mr. LORD. I think that is not a fair inference. to determine this question, and I do not think the House is called upon Mr. RANDALL. That is the effect of the gentleman's proposition. to act upon it until they are apprised of what the Senate wishes in I sa.y it respectfully. this connection. Mr. LORD. I do not think the Senate can be charged with that, 1\Ir. LORD. Will the gentleman yield to me to make a statement for this reason: After this second application the managers, having that I perhaps ought to make f • tho~~ht of the matter somewhat, linanimously concluded in the light Mr. RANDALL. Certainly. of au the facts -presented to them that it would be far better uncler Mr. LORD. The Senate has twice passed on this question. I de- all the circumstances to assent to this proposition for an adjournment. sire members to hear the statement I am about to make. Before the Mr. WOOD, of New York. Will my colleague allow me to ask him question of jurisdiction was decided, an application was made on be- whether the Senate bas not the power to postpone this trial without h:ili of the defendant to adjourn the trial until November or Decem- any consent on the part of the managers representing the Housef ber next. That application the Senate, after mature deliberation, Mr. LORD. Undoubtedly the Senate, like any other court, has refused. After the question of jurisdiction was settled, an applica- that absolute power. But I say we may as well act in view of the tion was again made upon the part of the defendant, accompanied by certainty that the Senate, having once upon motion of the House de- statements of quite strong reasons, for the adjournment of the case clined to adjourn the trial, will not do so unless the House assents. until November or December next. The House opposed the applica- Mr. RANDALL. They have absolute power in the matter; let tion through its managers, and the Senate refused it. The Senate them exercise it. therefore bas twice paased upon this question, once before the ques- Mr. WOOD, of New York. Although this question is a very grave tion of jurisdiction was settlecl and once since, and in obedience to one, it is one very easily determined. This House bas presented ar- the motion of the managers of the House the application in each case ticles of impeachment; it has selected a board of managers; the case was denied. bas been properly presented to the Senate sitting as a court to try But a new state of affairs is now preoented. More deliberation has this defendant. The case rests with that court. The managers are been had in regard to the matter. As one of the managers-and I representing the Honse, and the court has the power, and must take think all of the managers concur with me-l have no doubt what- the res-ponsibility, of adjollf!.ling the case. ever that if the trial now goes on and all these witnesses are brought Mr. REAGAN. I must, w1th some deference, express a doubt about on here, the result will he that the trial will be postponed, and the the disposition of a question like this on any partisan ground. I can witnesses must be brought on again. understand bow the Senate, constituted as it is with a majority of Mr. RANDALL. Allow me to ask the gentleman a question. republicans and being charged with the trial of a lat~ republican Mr. LORD. Certainly. cabinet officer, should feel some degree of hesitancy in taking the re- Mr. RANDALL. It iswbetbertbeseone hundredand ninety-seven sponsibility of an adjournment of the trial at this time without some witnesses will not have to come on here in November; and whether concurrence on the part of the House. So far as I am individually they had not better come on now than to invade the short session of concerned, I feel no disposition to put upon them an unpleasant Congress and drive us on to the 4th of March without concluding our alternative. If in their judgment and that of the managers the pub- business f lic interests would be best consulted by the adoption of the resolution Mr. LORD. I will answer the gentleman. The one hundred and which has been proposed and by following it with a concurrent reso- ninety-seven witnesses will never come except at the expense of the lution to adjourn oyer until some time in November, I think it is more defendant, and the defendant will not bring them. fair and just to pursue that course. It seems to me better to do this Mr. RANDALL. Then why not go on with the trial nowf You than that the Senate should upon its own motion adjourn the trial; cited that matter of the witnesses as a reason for postponing the trial. for if that be done, it must be adjourned until the beginning of the Mr. LORD. I did not mention the one hundred and ninety-seven next regular session, so that the whole trial would be thrown into witnesses. that session. It seems to be the desire that the trial should be ad- · Mr. RANDALL. You mentioned the witnesseB. journed until November; and I would suggest an earlier day in No- Mr. LORD. I did not suppose the gentleman presumed for a mo- vember than that indicated in the resolution, though I will not ment-- · myself propose an amendment. Mr. RANDALL. I saw it stated very authentically that there will :Mr. HOLMAN. I only wish to suggest that if the Senate sittinfJ' be one hundred and ninety-seven witnesses. · as a court of impeachment should think proper to postpone this triai Mr. HURLBUT. That is only a newspaper statement. to anvparticular (lay between this time and the meeting of Congress Mr. RANDALL. No; it was on the authority of the officer of the next ~December, then, inasmuch aa it is generally conceded that the Senate who was to summon them. House must be in session for the purpose of being, in form at least, Mr. LORD. It is fair to the gentleman to say that the defendant present during the trial, the House would, of course: concur in the has served upon the managers a list of witnesses numbering one adjournment over to that day; so that there could be no possible em- hundred and ninety-seven. barrassment. Mr. RANDALL. That is all that I say. Mr. LORD. Does not the gentleman understand that the Senate, Mr. LORD. Bot I say that number of witnesses will never, in my upon the motion of the House, represented by its managers, have de- judgment, be called at the expense of the Senate. clined to grant any further adjournment. We may as well meet this Mr. RANDALL. Then you can go on with the trial the sooner. question squarely. It is absolutely true that unless the managefij are Mr. LORD. I want the House to tmderstand that the Senate bas in some way authorized in their discretion to assent to the adjourn- decided this question both before and after the question of jurisdic- ment the trial will go on. tion was settled, as moved by the mang,gers on the part of the .Ho~e. Mr. RANDALL. Let it go on. Therefore, as the case now stands, unless the House authonzes 1ts ME. LORD. If it is thought preferable that the trial should go on managers to consent to this postponement, or in some other way gives in July rather than in November let the House say so, and let us its consent, the t.r ial must proceed on the 6th of July next. meet the question squarely. The Senate certainly will not adjourn Mr. RANDALL. Let the Senate take the absolute responsibility of the trial without the assent of the House. the postponement of this trial; it belongs to the Senate sitting as a Mr. HOLMAN. I wish to make this remark to the gentleman from court of impeachment to settle that question, and then the House will New York, [Mr. LoRD.] I apprehend the House has reached the acquiesce. There is no occa.sion whatever fQr the House to be brought conclusion that this really is a question for the court trying the im- in to share the responsibility of a postponement of the trial. peachment to determine; and if a case shall be presented which will Mr. LORD. The gentleman mnst remember that the defendant, on justify and render it proper that the trial should be postponed to a l 1876. CONGRESSIONAL RECORD-HOUSE. 3873 future day, if that is the determination of the court, no matter what Mr. JENKS. I simply rise for the purpose of asking this House to may be the day fixed between this time and the time of the next have the manhood to do its simple constitutional duty, whatever that regular meeting of Congress, the House would certainly concur in may be. There is no utility and no manhood in attempting in any tllat a-ction and agree to adjom·n to the time fixed by the Senate for particular to forget that duty which is honestly and fairly by the the resumption of tbe trial. Constitution placed upon our shoulders. The Constitution says that Mr. LORD. Why does the responsibility upon tllis question rest the House of Representatives shall have the whole power of impeach- on this court any more than the respocsibility for a similar questiC\n ment, shall prosecute all impeachments; and that implies that we, would rest upon any other court 7 What difference is there in this as prosecutors in the exercise of an honest discretion, shall assume all regard between the Senate sitting as a court of impeachment and any the duties and responsibilities of prosecutors, whatever they may be. other court! Now, what is the duty of a prosecutor in any criminal court of the I ask the gentleman whether the courts do not pass on this ques- land Y Will there be a continuance without consulting the prosecu- tion after hearing parties on both sides f tor in reference to it Y And will this House say that the Senate has Mr. HOLMAN. Certainly this does not differ in its general outline the right or should assume the privilege of directing this continu- very materially from cases before a court. The House of Represent- ance without consulting the prosecutor' This case will ultimately atives, representing the whole people, is one party, while the im- and inevitably result in a continuance; and it would be a singular peached officer is the other, and the Senat-e sits as the high court of spectacle to bring witnesses here and to hold the session during the impeachment. Of conrse the Senate sitting as a court of impeach- whole summer, which would likely be the case, at great expense and ment can concur in whatever determination as to continuance shall with no utility in the world, for the simple reason that the House de- be reached. That, of course, is clearly possible. And suppose the clines to step up manfully and do what a prosecutor would do in any House, as I assume, is of the opinion this case, unless continued regu- other case. The ends of justice, and of expediency, and of everything larly, unless ground be shown to justify continuance in the judgment e.lse would be best subserved by permitting that to be done now which of t.he Senate, should go on; then the question would be whether a must inevitably result at last. case strong enou~h on the part of the defense can be presented to It seems to me that we should accept the fact-s of the ca-se as they the Senate to jtldtify a continuance. I only make the suggestion with are. If we meet on Nove)llber 10, even if a quorum of the House be a view to what seems to be the judgment of the House from the opin- not present, if its officers be present, so that the House may adjourn ions already expressed. from da,y to day, the trial can go on. The Senate will not sit, so far Mr. SINGLETON. I hope this mot.i on will not prevail. It is evi- as I can learn from the individual opinions of members, and hear the dent from the number of witnesses likely to be subpamaed that this case through unless the House be in session . . The result will be that trial is going to be a protracted one. If you postpone it to the 20th the public business will be retarded. Why, then, should we not take of November, as suggested, you will scarcely get a majority of the the position which the Constitution gives us in this prosecution, and mem bars here at that time, and the trial cannot commence until there thus consult the general interests of the public f shall be a quorum present. Mr. JONES, of Kentucky. :Mr. Speaker, I believe this ·case ha-s A MEMBER. Your Sergeant-at-Arms can bring them. passed entirely from the jurisdiction of the House of Representatives. Mr. SINGLETON. The Sergeant-at-Arms can bring them, but he We stand now before the court of impeachment in the attitude of will hfl.ve a hard time of it, traveling over thlrt.y-seven States to clients, as my friend from New York has well said. The House has hunt them up, consuming a month perhaps in the accomplishment of presented articles of impeachment against this officer, and has in- this task. · structed its managers to prosecute tho::;e a-rticles of impeachment I think I see the drift and tendency of this whole matter. If you before the high court of the Senate. Now, for one, I am utterly op- postpone to the beginning of the next session or near that time, the posed to doing anything which looks like a recession on the part of whole of that session will be consumed in the trial of the case, and this House. We can do nothing. The matter. is entirely under the then, this House having taken the initiative in the matter, if the ap- jurisdiction of the court of impea-chment ; and I believe that this propriation bills or anything else important in its character cannot case can be carried on without the presence of the House at all. be done, or shall fail for want of time, the responsibility will fall on Is it necessary, I would ask the gentleman from New York, that a the shoulders of this House. By adopting this resolution we shall client should always be present in the prosecut.ion of a case? What have gi~n precedence to this trial, to the exclusion of other legisla- more have we to do' We have no more articles of impe:tohment to tion claiming our whole time, it may be to the 4th of March, when get up. We have nothing more to do, unless it be done by a recession the session must end. . or the suggestion of a compromise. Let it go on now, that the public business shall not suffer in De- Mr. REAGAN. ·will the gentleman from Kentucky allow me to cember for want of proper attention. I do hope this resolution will ask him whether, in his recollection of all the impeachment trials not be adopted, but that the responsibility will be left with the Sen- that have occurred, he ever knew a trial to be carried on by the Sen- ate to take such steps in relation to the matter as it may think ate, or trying body1 when the impeaching body was not in session 1 proper, having full power to do so. Again, the question will arise af- :Mr. JONES, of Kentucky. I do not know that there has been such ter the 4th of March next, in case the trial is not concluded, whether a case, but I adhere to the position that it is not absolutely necessary you can prosecute it after that time, whether with the expiration of for the House to bt in session quring the whole trial. this Congress the impeachment will not be at an end, even though a I ask what more has the House to do f It has no more articles of decision shall not have been reached. I move to refer the resolution impeachment to get up. They are all presented already, and our at- to the Committee on the Judiciary, that these several points may be torneys are there to prosecute them before the court ; and the case examined into. is absolutely under the discretion of the Senate sitting a-s a court, Y.r. REAGAN. In rep!y to the closing remark of my friend from and it is for the Senate to say whether it will postpone or not. Mississippi, I simply desire to say this: that in reference to the ques- I would ask the gentleman from Pennsylvania [Mr. JENKS] if it tion he propounded about the adjournment of this Congress suspend- ha-s not often been the case in court that a postponement or continu- ing or rendering impossible the completion of the Belknap trial there ation is made without the CC\nsent of the opposing counsel, and merely is, as I understand it, no difficulty whatever. It will be remembered by an arbitrary rule or by the rules of court T '!'hat is often the case that in English and American history there are many instances where in the courts of the country. I contend that the Senate in this ca-se like cases have gone over different parliaments and different legisla- is sitting simply as a court, and that it should sit as a court after the tive bodies. So there is no need to indulge in any apprehension on a, as proVIdes for a greater number, 18 hereby for. the be~ter co11ect10n o t e revem~e, w JUSt say to my JS ~u- repealed: P·rovi..:. ·a That section 1194 of the Revised Statutes is hereby repealed. gmshed fnend that we propose to do 1t when we change the admm- ' . . ,, istration. Mr. ATKINS. I move to amend by stnking out 9,170,788.50 and Mr. FOSTER. That will not happen very soon. _inserting "$9, 154,788.54.". That reduces the appropriation ,$16~000. Mr. ATKINS. It will happen next March. Mr. RANDALL. That 1s made necessary by the reductiOn m the :Mr. BANKS. I hope the gentleman from Tennessee will let these total force of the Army. weather observations stand until he changes the administration. Why The amendment was agreed to. does be want to make war upon one hundred men engaged in the in- }lr. HURLBUT. I move to amend the paragraph by striking out noccnt occupation undm· the instruction of the Government of re- these words: porting t'!:!e changes of the temperature so as to give in advance to And after thelst clay of January next there shall be no more than forty pay· every business man twenty-four hours' notice of what changes in the masters for the Army of the United States, the reduction being made by droppina Weat]1er are likely to take place f I think that mi2:ht ~· be deferred from the rolls the junior commissions un.til the maximum of forty is reached; an so much of section 118:! of the Revised Statutes and of the act of March 2, 1875, until the administration shall be changed. What an admission does and the joint resolution of March 3, 1875, as provides for a greater number, is the gentleman on the other side make when he proposes to let thieves herebd. repealed: Provided, That section 1194 of the Revised Statutes is hereby re- run away with one hundred and twenty or one hundred and twenty- peale · five mill' on dollars of revenue every year until there is a change of This portion of the paragraph proposes to limit the number of pay- administration. masters in the Army to forty. Of course it is not liable to any point Mr. RANDALL. The only way to stop thieving is to put honest of order, because it is a 1·eduction of the number of paymasters now officers in. authorized ·by law. But I desire to state to the House my conviction Mr. BANKS. What position is that for these gentlemen f from examination of the subject that in the scattered condition of onr Mr. RANDALL. What have the Committee on Appropriations to Army that number of paymasters is not sufficient to pay the men at do with the collection of the revenue f the different isolated posts their pay regularly every two months, as Mr. WELLS, of Missouri. I desii·e to say that I have had several under the law they should be paid. conferences with General Myer, who is at the head of this corps, and I beg gentlemen to consider the time which is lost by these pay- he said that with three hundred and fifty men he cau get along sat- mast-ers in moving around to our different isolated post-s scattered all isfactorily. . · _ through the country; the tim~ they must occupy in traveling, which He has told the committee that he did not intend to establish new they are compelled to occupy in traveling. They will be compelled in stations, and that he had all the stations necessary. He said further that way to occupy more time than it would take to pay the troops. It he could conduct his Bureau with the reductions made by the com- is true that during -the war we were able to pay a la,rge body of troops mitt.ee, not only this reduction, but reductions amounting to large concentrated together, where they were assembl~d by regi~ents wit_h sums made in othet· items for the support of this Bureau. I believe their pay-rolls all made out, and they were pa1d off rap1dly.• It 1s 3878 CONG.RESSIONAL RECORD-HOUSE. JUNE 17, just as much troubie now for a pa,y master to pay off a single company The question recurring on the amendment of Mr. RAL~DALL, it was of men at a post as it was then to pay off an entire regiment. agreed to. In addition to that, there is to be considered the great distance be- The Clerk read a.s follows : tween our several garrisons and posts in the interior. The time which For postage on letters and packages received and sent by officers of the Army, the paymaster must take to travel from post to post will render it im- on public service; cost of telegrams; compellilation of citizen witnesses attending po sible, in my judgment, and as I am informed by the Paymaster- upon courts-martial, military commissions, courts of inquiry; traveling elqlenses General, for them to regularly and faithfully pay the men in accord- of paymasters' clerks, eso.ooo. • ance with the law. Mr. ATKINS. At t.he suggestion of the Paymast-er-General, I move Mr. RANDALL. In 1874, I think it was, the Army was reduced to a.mend by adding to the paragraph just read the following: from 30,000 to 20,000 ; yet in 1875 ten paymasters were added to the Pr01Jided, That the appropriations under the head of Pay Department in this act number in the Ar.llly. shall be accounted for by disbursing officers under the title of "pay, &c.. of the Mr. HURLBUT. Certainly, that ilil correct. Army of 1877;" so that the total amount appropriated for that purpose shall not Mr. RANDALL. Now we propose to make a further reduction in be exceeded. the Army. In tho judgment of the Committee on Appropriations The object ie to simplify the accounts and save clerical labor. there was no necessity for that increase in 1875, and therefore we Mr. HURLBUT. The amendment is correct. have provided here for reducing the number of paymasters to what The amendment was agreed to. it wa.s prior to that time. Mr. HURLBUT. I ask the gentlemen on the other side to consent Mr. HURLBUT. I beg to say in reply to my friend that the reason that the committee now rise. w by these ten paymasters were added in 1875 was expressly upon the Mr. HOLMAN. 0, no! fact brought to the knowledge of the Committee on Military Affairs Mr. RANDALL We want to get this bill through to-night. and the Committee on Appropriations of this Honse, that the then 1\lr. HURLBUT. vVell, you cannot do it. There are nine pages existing number of forty paymasters did not secure that punctuality remaining. There is no quorum present, and you are at tile mercy in the payment of t.hese isolated garrisons which the men had a right of any member who chooses to raise that point. to expect from their Government. · Mr. MORRISON. Gentlemen on the other side will be complaining · Mr. RA.l\TDALL. There was really no occasion, as a large minority because we have not pas ed the appropriation bills. in this Honse thought at the last session, for any increase at all in Mr. HURLBUT. You have been seven months doing this much, the number of paymasters. I do not know, of course, what were the and I am willing you shall have an hour or two lon~er . .motives of those who by their votes forced that legislation upon the The CH.A.IRMAN. Does the Chair understand tne gentleman to statut.e-book; but I think this House is perfectly safe in assuming make a motion that the committee rise? the position that forty paymasters are enough to pa,y the force we Mr. HURLBUT. Ye , sir. propose to have in the Army, when forty were enough to pay an army The question being taken on the motion that the committee rise, of 30,000. . there were-ayes 22, noes 47. Mr. HORLBUT. Has not the gentleman the report of the Pay- The CHAIRMAN. The committee refuses to rise. master-General on this suLject f The Clerk read as follows: 1\lr. RANDALL. 'fhe Paymaster-General of course resists this re- Subsistence Department: duction just as every body else whom we have come in contact with For subsistence of re_gular troops, Indian scouts, and Indian prisoners, $1,948,686. resists reductions. But he did say to some members of the commit- Mr. ATKINS. I move to amend so as to make the amount of this tee, if I am correctly informed, that he could get aloug with forty-five appropriation $1,908,686. paymasters. The committee divided ; and there were-ayes 47, noes 11; no quo- Mr. HURLBUT. And therefore you gave him forty! rum voting.• Mr. RANDALL. No, sir; we believed there was no occasion for Mr. HURLBUT. I make the point that no quorum has voted. At the appointment of these ton additional paymasters last year. this time in the evening, long after the usual hour for adjournment, The amendment of Mr. HURLBUT was not agreed to. I must insist on the point of order. The Clerk read as follows : Mr. BANNING. You ought to have made it this morning. Miscellaneous : Mr. HURLBUT. No, sir; I never made it before. For the pay of seventy-five contract surgeons, $107,700. The CHAIRMAN. The Chair will appoint tellers to see whether a Mr. ATKINS. I move to amend the paragmph just read by strik- quorum is present unless a motion to rise is made. ing out "seventy-fl. ve" before the words ''contract, surgeons." The Mr. HURLBUT. I insist on my point of order that no quorum is object of this amenclment is to give the Surgeon-General discretion present. to employ as many contract surgeons as be pleases with the amount The CHAIRMAN appointed 1\fr. HURLBUT and Mr. BANNING as of money appropriated. tellers. .Mr. HURLBUT. Then you do not limit the numberf The committee again divided; and the tellers reported-ayes 52, Mr. RANDALL. No, sir; the Surgeon-General may want more than noes 13; no quorum voting. seventy-five. 1\Ir. ATKINS. I move the committee rise. The amendment was agreed to. The committee divided ; and there were-ayes 48, noes. 32. The Clerk read as follows: So the motion was agreed to. The committee accordingly rose; and the Speaker pro tempore.hav- -For the pay of forty-two payma.y unanimous consent, submitted the following Ferry, Ohio, for internal-revenue stamps stolen from the Cambridge resolution; which was read, considered, and agreed to: (Ohio)post-office; . Resolved, That the Clerk be directed to inform the Senate that the House of Rep· A bill (H. R. No. 353) to amend section 1911 of the Revised Statutes resentatives has appointed Hon. SAMUEL S. Cox, Representative in the House from of the United States, defining the jurisdiction of the courts in Wash- the State of New York, as Speaker pro tempore during the present temporary ab· ington Territory ; and sence of the Speaker. c A bill (H.·R. No. 2441) authorizing the appointment of receivers of Mr. MORRISON also, bytmanimoos consent, submitted the following national banks, and for other purposes. resolution; which was 1·ead, considered, and agreed to: POST-OFFICE APPROPRIATION BILL. R esolved, Tha.t the Clerk of the House inform the President of the United States that Hon. SAMUELS. Cox, one of the Representatives of the Sta.te of New Yo.r·k Mr. WEST. I should like to call up the appropriation bill for ~t~e has been appointed Speaker pro tempore during the present temporary abseuc(l. of post-office service, which has just been returned to the Senate, in the Speaker. 1876. CONGRESSIONAL RECORD-HOUSE. 388l Mr. .MORRISO~ moved to reconsider the votes just taken; and also MESSAGE FROM THE SENATE. moved that the motion to reconsider be laid on the table. A message from the Senate, by Mr. SYMPSON, one of t.heir clerk"', in- The latter motion was agreed to. formed the House that the Senate was ready to proceed upon the im- DEFAULTING COLLECTORS OF INTER.l.~AL REVE.."fUE. peachment of William W. Belknap, and to receive the managers on Mr. SOUTHARD. I ask unanimous consent to submit the follow- the part of the House, and that the Senate Chamber was prepared ing resolution in reference to defaulting collectors of internal rev- with accommodations for the reception of the House of Representa- enue. .. tives. The Clerk read as follows : ORDER OF BUSINESS. Whereas the following resolution pa.ssed the House on the 13th day of March, The SPEA.KER pro tempore. The Honse is in Committee of the 1876, to which the Secretary of the Treasury has failed to reply, to wit: Whole for the consideration of the Army appropriation bill, and the "Resolved, That the Secretary of the Treasury be, and he is hereby, requested to gentleman from Kentucky [Mr. BLACKBURN] will resume the chair. state to this House the actual balance due from collectors of internal revenue, who are not now in office, since the organization of that Bureau; that the names of such Mr. BUCKNER. The understanding is that this order will not ex- ' defaulting collectors be given with the amount due from each, and the total amount tend bevond two o'clock. due from all of those who are in default; that he also inform this House of the The SPEAKER p1'o ternp01·e. At two· o'clock the District of Colum- names of the defaulting creditors who have been sued, with the date of the suit, bia Committee will be recognized. · together with the date of resignation of the defaulting collectors, and the name of the President by whom and tlie time when appointed:" Therefore Mr. HOLl\IAN. I hope no decision will be made on that point un- Be it resolved, That the Secretary of the Treasury be, and be is hereby, directed til the occa-sion arises. to inform this House why he has not complied with the foregoing resolution. The SPEAKER pro tempore. The decision has been so often made Mr. KASSON. I object to that, as I understand the information is in regard to the right to the floor of the District of Columbia Com- nearly completed, or was so last week, having required a gread deal mittee at two o'clock on the third Monday of each month that it is of labor. not necessary to reserve it. - ~ Mr. SOUTHARD. There is a letter and also a telegram from As- 1\.lr. HOLMAN. Never on an appropriation bill. sistant Secretary of the Treasury Conant which can be read, and if 1\fr. HENDEE. I understand that the' Chair has already given his they are read, I think there will be no further objection to my reso- decision. lution. ARMY APPROPRIATION BILL. Mr. KASSON. !object to entertaining the question, for if I am cor- The House accordingly resolved itself into Committee of the Whole · rect there is no need of adopting any such resolution. on the state of the Umon, (Mr. BLACKBURN in the chair,) and resumed ORDER OF BUSTh~SS. the considemtion of the special order, being the bill (H. R. No. 3717) Mr. HENDEE. I demand the regular order. making appropriations for the support of the Army for the fiscal year Mr. ATKINS. I ask, by unanimous consent, that the House go into ending June 30, 1877, and for other purposes. Committee of the Whole on the state of the Union on the Army ap- The CHAIRMAN. The Clerk will report the portion of the bill propriation bill. I think there will be no objection to allowing me now under consideration, to~ether with ~he pending amendment. ·to make that motion, as I think we can get through with the Army · The Clerk read the followmg paragraph: appropriation bill in half an hour, or an hour at the furthest. Subsistence Department: For subsistence of regular troops, Indian scouts, and Indian prisoners, 1,948,686. .Mr. RANDALL. I hope the gentleman from Vermont will not ob- ject to that, as that will give the District of Columbia Committee The amendment moved by 1\Ir. ATKINs, and pending, wa-s to strike the floor at two o'clock for the disposal of business of that committee. out "$1,948,686" and insert in lieu. thereof "$1,908,686." Mr. HENDEE. I have no objection, provided we are not precln.ded The amendment was agreed to. from going on with District of Columbia business at two o'clock. I The Clerk read the following paragraph: presume if the Army bill occupies till 'two o'clock, the District of Quartermaster's Department: Columbia business will then be called without any morning hour and For the regular supplies of the Quartermaster's Department, consisting of stoves call of States. for heating and cooking; of fuel for officers, enlisted men, guards, hospitals, store· houses, and offices; of forage in kind for the horses. mules, and oxen of the Quar- Mr. ATKINS. We can finish before two o'clock. , termaster's Department at the several posts and stations and with the armies in t.he The SPEAKER pro tentpm·e. There can be no doubt that the Dis- field; for the horses of the several regiments of cavalry, the batteries of artillery, trict of Columbia Committee has the right absolutely to the floor and such companies of infantry and scout.s a.s may be mounted, and for the author- at two o'clock, and at that hour can take any committee or any mem- ized number of officers' horses, including bedding for the animals; of straw for soldiers' bedding; and of stationery, including blank books for the Quartermaster's ber off the floor. Department, certificates for discharged soldiers, blank forms for the Pay and Quar- Mr. ATKINS. We will give up the floor at that hour if we are not termaster's Departments, and for prmting of division and department orders and then through with the bill. reports, $3,410,667.93, in arlilition to the unexpended balance of the appropriation The SPEAKER pro tempore. The gentleman from Tennessee a-sks for the service of the fiscal year ending .June 30, 1874, which is hereby made avail- able for the service of the year ending .June 30, 1877. that by ·unanimous consent the House go into Committee of the Whole for the purpose of resuming the consideration of the Army Mr. ATKINS. I offer the following amendment: appropriation bill. In line 87 strike out "$:3,410,667.93 " and insert in lieu thereof "$3,360,667.93." Mr. POPPLETON. I must object for the reason that there is un- The amendment was agreed to. . finished business coming over from last Monday which I am very Mr. HURLBUT. I would like to ask the gentleman in charge of desirous should be disposed of. I refer to the resolution offered by the bill what is the amount now unexpended which is re-appropri- myself under a motion to suspend the rules. ated in this section T .Mr. ATKINS. I move that the rules be suspended, and that the Mr. ATKINS. 'l'he amount is $189,932. House resolve itself into Committee of the Whole. The Clerk read the following paragra~h: The SPEAKER pro tempore. A motion to suspend the rules is not For purchase of horses for the cavalry and artiller:y, and for the Indian scouts, in order before the morning hour on Monday. and for such infantry as may be mounted, 104, 7!-!4.89, m addition to the unexpended Mr. HOLMAN. With all respect to the Chair, I submit that ~ balance of the appropriation for the same purpose for the year eni:Nng Jtme 30, motion to suspend the rules for the purpose of going into Committee 1874, which is hereby made available for the service of the year ending June 30, of the Whole to consider an appropriation bill is in order, and that 1877. the rule in regard to motions to suspend the rules after the morning 1\Ir. HURLBUT. I desire that the record shall show all along as hour on Monday does not apply in the ca-se of appropriation bills. we proceed precisely the amounts of money actually voted. I there- Undoubtedly a motion to suspend the rules to go into Committee of fore :lilk the gentleman from Tennessee to state in this connection the the Whole may be entertained at any time by a majority of the amount of unexpended balance here transferred to the service of the House. next fiscal year. Mr. SPRINGER. It is undoubtedly trne that with reference to ap- Mr. ATKINS. I will do so. The amount is $645,215.11. propriation bills a majority may at any time suspend the rules. The Clerk read the following paragraph : The SPEAKER p1·o tempore. The point made by the gentleman For transportation of the Army, including baggage of the troops, when moving from Indiana [.Mr. HOLl\IA..'Ij] is well taken. Rule 104 says: either by land or water; of clothin~ and camp and garrison equipage from the de- pots 'of Philadelphia and Jeffersonville to the several posts and Army depots, and The House may at any time, by a vote of a maJority of the members present, from those depots to the-troops in the field; of horse equipments and of subsist- suspend the rules and ordel'8 for the purpose of going into the Committee of the ence stores from the places of purchase and from the places of delivery, under con- Whole House on the state of the Union. tract, to such places as the circumstances of the service may require them to be The motion to suspend the rules for the House to go into Commit- sent; of ordnance, ordnance stores, and small-arms from the founueries and armo- ries to the arsenals, fortifications, frontier posts, and Army depots; freight.'!, wharf- tee of the Whole to consider an appropriation bill fa therefore in ag~ tolls, and ferriages; the purchase and hire of horses, mules, oxen, and harness, order. ana the purchase and repair of wagons, carts, and drays, and· of ships and other .Mr. ATKINS. I make that motion. sea-going vessels and boats required for the transportation of supplies and for Tho motion was agreed tQ. garrtson purposes ; for drayage and cartage at the several posts ; hire of teamsters ; transportation of funds for the pay and otherdisbursin~ departments; the expense LEAVE TO PRINT, of sailing public transports on the various rivers, the u-ulf of Mexico, and the At- lantic anll Pacific; for procuring water at such posts a.s from their situation require Mr. B-A.a.~KS. I madesomeremarksonSaturdayon the Signal Serv- it to be brought from a distance; and for clearing roads and for removing obstruc- ice, and I ask leave of the House to print some remarks in , addition tions from roads, harbors, and rivers, to the extent which may be required for the thereto on the origin of the service and the extension of its pur- actual operations of the troops in the field, $2,817,804.65, in alldition to the unex- poses and objects. pended balance of the appropriation for the same purpose for the year ending June 30, 1874, which ·s hereby made available for the service of the year ending June 30, There was no objection. [See Appendix.] 1877. 3882 CONGRESSIONAL RECORD- HOUSE. JUNE 19, :Mr. ATKINS. I offer the following amenclment: see that the amount of 15 per room per month, making in the ca e In line 146, before the word" ships," insert the words "hire of;" so that it will of a colonel 60, is not too much, and I hope the amendment will pre- read •' of hire of ships and other sea-going vessels." vail. The amendment was agreed to. Mr. LUTTRELL. I would like to suggest that on the Pacific Mr. ATKINS. I will state also that the unexpended balance made coast and in the Territories this room rent must be paid in gold and available in this paragraph is $682,195.35. · silver coin. I think, therefore, that the amendment shouM pre·vail. The Clerk resumed the reading of the bill, and read as follows: The question was taken on Mr. HuRLBUTS amendment; and on a. division there were-ayes 40, noes not counted. For hire of quarters for officers on military duty, hire of quarters for troops, of So the amendment was not agreed to. srore-houses for the safe-keeping of military srores, of offices,I and of grounds for camp and summer cantonments, and for temporary .f~'Ontier s~atiO!JS i for tho con- Mr. ATKINS. I move to amend the paragraph in line 169 by strik- struction of temporary huts ancl stables; and for repamng pubhc buil;es, gravel and grade the walks and av~nues, and to keep the as shown by the schedule, amounting to ............... -...... -......... 5, 507 00 grounds in complete order; and the Secretary shall transmit such report to Con- - - - - - gress at the commencement of each session, together with an estimate of the ap- So that the agl!l'egate sum actually needed to pay claims for cavalry propriation necessary for that purpose. andartilleryhorsesis .................................................. _ 28• 397 53 All of this matter is under the Quartermaster's Department, and Making a summa.r y of the foregoing, we find that there is needP.d to there is no major in that Department to do this duty. pn.y claims reported to the Secretary of the Treasury, December 3, 1875, Mr. HOLMAN. This matter is under the control of the Secretary from appro~riations for barracks and quartern .... .. .. ........ -........ 66, 296 04 of \Var f For barrac sand quarters subsequent to December 3.................. 7, 048 78 Mr. BANNING. It is under the control of the Secretary of War, Total............................................................ 73,344 82 and, if this amendment is adopted, he can detail any major or colonel To pay claims for cavalry and artillery horses reported to Seeretary,-·- = or captain or lieutenant he may see fit to perform this duty; but December 3, 1875, less amount paid as hereinbefore shown . ...... . .... 2-~. 890 58 under the law as it now stand~:; he must detail a major. Claims for cavalry and artillery horses subsequent to December 3, 1875. 5,507 oo Mr. HURLBUT. I have no objection to the amendment. Mr. ATKINS. I think the amendment is all right. Total ............................................................ 28,397 58 The amenC!.JJent offered by Mr. BANNING was agreed to. And these amounts in?lude only claims actually allowed by the accounting offi.. Mr. FORT. I move as an additional section that which I send to cers, and embrace no estimates of amounts that may be needed to meet allowances the Clerk's desk, to which I suppose there will be no objection. to be made. . In r oply to the request of the committee that a statement of facts bearing upon The Cierk read as follows: the liability of the Government for these claims be made, I can only say that such That no bonded officer charged with the disbursement of any of the money here- liability has been determined by the accountin~ officers of the Treasury, to whom by appropriated shall be subject to the orders or C?ntrol of any post, division, or de· all of the claims were submitted, and that the claims have been carefully examined partment commander so far as relates to the disbursement of such money, and and the amount called for is undoubtedly due. shall be subject to tho orders of superior officers in his department, and to the or- I am, sir, respectfully, your obedient servant, ders of the Secretary of War . .A.. M. GANGEWER, Mr. ATKINS. What is the purpose of that amendment Y · Acting Auditor. Ron. B. H. :BRISTOW, Mr. FORT. .A. bonded officer has to account to his superior officers Secretary of the Trearu:nJ. in the disbursements of money, and ought not to be subject to what- The amendment offered by Mr. EDEN was then agreed to. ever order a post commander or a division commander or any other The Clerk read the following: commander may think proper to make. He pays. out money accord- For construction and repair of hospitals, $3G,4!l4.42, in adilition to the unexpend· ing to law, and should not be subject to the will of the officer who ed balance of tbe appropriation for the same purpose for the year ending J nne 30, ·may happen to be in command at the -particular place where· he is 1874, which is hereby made available for the service of the year ending June 30, discharging his duties. 1877. Mr. ATKINS. To whom will he be subject by the amendment f Mr. ATKINS. I move to amend the paragraph just read by strik- Mr.l!"'ORT. He is subject to aU orders in his department. If he is ing out" $36,494.42" and inserting" $61,494.42." . a subsistence officer, be is subject to the orders of the Subsistence De- The amendment was agreed to. partment; if in the Quartermaster's Depart-ment, he is subject to the Mr. .A.TKlL~S. I will say that the unexpended balance referred to ordern of that Department and to the Secretary of the War. I will in this paragraph is $13,558.70. say that the amendment was sent to me by an experienced officer, The Clerk read the following: who is in the habit of disbursing money. For purchase and manufadure of clothio~ and camp and garrison equipage, and Mr. HURLBUT. I do not like the amendment; and I propose to for preserving and repacking stock of clothing and camp and garrison equipage and make a point of order upon it. materials on hand at the Philadelphia, J efl"ersonville, aud other depots of the Quar- Mr. FORT. The point of order comes too late; t.he amendment termaster's Department, $383,221.21, in addition to the unexpended balance of the appropriation for the same purpose for the year ending Jtme 30, 1874, which is hM been discussed. hereby made available for the service of the year ending June 30, 1877. Mr. HURLBUT. I could not make the point before the gentleman yielded the floor. Mr. ATKINS. The unexpended balance referred to in this para- 'fhe CHAIRMAN. In the opinion of the Chair, the gentleman from graph is $16,778.79. illinois is hardly precluded from raising the point of order, as there The Clerk resumed and concluded the reading of the bill, the last bas been no debate except by the gentleman offering the amendment. section of which was as follows: Mr. FORT. The amendment cannot be out of order, because it SEc. 11. That when any officer travels under orders, and is not furnished trans- refers to the money appropriated by the hill, and no other. portation by the Quartermaster's Department, or on a conveyance belonging to or Mr. HURLBUT. It is out of order simply because it proposes to chartered by the United States, he shall be allowed eight cents a mile, and nu more, for each mile actually traveled under such order, distances to be calculated by the change existing law, and is not in the interest of economy: shortest usually traveled route; and so much of sectio!ll273 of the Revised. Stat- If the House will bea~ with me, I will state why the proposition utes, or of any act, as conflicts with the pro·d sions of this section, is hereby re- 011'ght not to be adopted. It proposes simply to continue and aggra- pealed ; and no part of the sum appropriated by this act shall be used for the pay- vate the worst evil existing to-da.y in our Army; that is, the organ- ment of any officer of the field or line who, by ap_POintment or otherwise, shall be in the performance of any duties of a civil nature m or about any of the Executive ization of staff corps who are independent of the fighting force of the Departments of tlle Government other than for his pay and allowances as an officer Army. of the Army. :Mr. BANNING. And with no responsibility to tJ;le commanding :Mr. HOLMAN. I move to amend section 11 by inserting after the general. words" convey·a nce belonging to or chartered by the United States" Mr. HURLBUT. There may be occasions when it is absolutely these words : necessary for the safety of t.he command that the commanding gen- Or on a land-~nt railroad on which the troops and supplies of the United Sta.tes eral should interfere in this matter; and it ought to be left to his dis- are entitled to oe transported free of charge. cretion. Mr. RANDALL. It seems to me that the amendment undertakes Mr. HURLBUT. I would suggest to the gentleman from Indiana to adopt Army orders by a legislative enactment. [Mr. HOLl\1AN] that instead of saying "a land-grant railroad" he The CHAIRMAN. The Chair feels sufficiently advised to rule upon say "any railroad." There are some railroads which are not land- the point of order. In the judgment of the Chair, the amendment grant roads upon which the United States are entitled to have troops clearly proposes a change in e:xisti.n~ law, and it does not propose a and supplies transported free of charge. . reduction of expenses. Hence the tJhair does not hesitate to sustain Mr. HOLMAN. I accept the suggestion, and will modify my amend- the point of order made by the gentleman from illinois. ment by striking out the words ''land grant." :Mr. l!~OSTER. I move a pro ]orma amendment to strilm out the The amendment, as modified, was then adopted. . last word of the pending paragraph, in order to call attention to n. Mr. BANNING. With the consent of the gentleman having charge statement made by the gentleman from Indiana [Mr. HOLMAN] on of the bill, [Mr. AI:KINSJ) I des~ to move an amendment to the Saturday last~ That gentleman complained of the non-action of the paragraph relating to national military cemeteries. Senate on the :cost-office appropriation bill. I have learned this The paragraph referred to was as follows: morning that the bill has been in the possession of the Houso, and For maintaining _and improving national military cemeteries, $125,000; which is only went to the Senate this morning. hereby re-appropnate for head-stones for soldiers' graves, under the act approved 1\Iarch 3 Mr. HOLMAN rose. 1873, being an act making appropriations for the support of the Army for the yeal: Mr. ATKINS. I rise to a question of order, -that this discussion :is enlling June 30, 1874. not in order. 3884 CONGRESSIONAL RECORD-HOUSE. JUNE 19, The CHAIRMAN. The point of order made by the gentleman from the Committee on Military Affairs to the fact that the saving to the Tennessee [Mr. ATKINS] is well taken. Government will not be so much in the abandonment of certain posts MESSAGE FROM THE SENATE. as in the immense cost of Army transportation necessary to carry on these expeditions, which will be saved by the establishment of these The Committee of the Whole rose informally; and Mr. RANDALL two new posts. having taken the chair as Speaker pro tempore, a message from the Mr. RANDALL. I should like to have some statement a~ to the Senate, by Mr. SYMPSON, one of their clerks, announced that the Sen- amount. Does it require $200,000 to be expended f ate insisted upon its amendments disagreed to by the House to the Mr. HURLBUT. The gentleman from Tennessee has all the fig-J bill (H. R, No. 3363) making appropriations for the service of the ures. Post-Office Department for tbe fiscal year ending June 30, 1877, and Mr. RA...~ALL. Then let us have them. for other purposes, asked a conference with the House on the disa- lt!r. THORNBURGH. I move to substitute for the amendment of greeing votes of the two Houses, and had appointed Mr. WEsT, Mr. the gent1eman from Montana the following, which is the proposition HAMLIN, and Mr. DAVIS as conferees on the part of the Senate. agreed to by the Committ.ee on Military Affairs. ARMY APPROPRIATION BILL. The Clerk read as follows: The Committee of the Whole resumed its session. That the sum of $200,000, or so much thereof as may be necessary, is hereby ap- Mr. MAGI~""NIS. I offer that amendment which I send to the desk. propriated for the construction of such military posts or depots at such points as Mr. HOLMAN. Before that amendment is read, I wish to say that may be selected by the Secretary of War : P1·ovided, That all existing military posts the maintenance of which may be rendered unnecessary by the erection of these in my remarks just referred to by the gentleman from Ohio [Mr. Fos- new posts shall be abandoned as soon as practicable. TER] I said nothing about the time when the post-office appropriation bill went to the Senate. I simply said that the House promptly non- Mr. MAGINNIS. I am satisfied with that proposition, and am concurred in the Senate amendments, and, a~ I thought, on last Mon- willing to withdraw my own in order that the proposition of the day. I believe that is correct. Military Committee may be tested. Mr. FOSTER. Yes, sir ; but you complained further that the Sen- Mr. HOLMAN. That would not seem to be in order. It does not ate had taken no action. seem to alter ·the proposition, but it would not be in order as it is a Mr. HOLMAN. I was not aware that the bill had not gone back to pending bill before the Honse. the Senate. I presumed it had been promply returned. If not, I sup- The CHAIRMAN. The Chair does not understand the ~entleman pose it was because the Senate had adjourned. offers this substitute as a bill pending in the House, but simply as a 1\!r. .FOSTER. I merely wished to correct the gentleman. substitute for the amendment of the gentleman from Montana. Mr. HOLMAN. If the Senate had adjourned when .onr action was Mr. HOLMAN. The rule of the House is that no bill pending in taken, of course the bill could not go back till the Senate met again. eitller House can be offered as an amendment to another bill. Mr. FOSTER. While the gentleman wa~ complaining the bill was The CHA.ffiMAN. The Chair does not understand the substitute here in the House. ' is a bill pending in the House. There is no objection under the rule Mr. HOLMAN. I supposed that it went back promptly while the t9 taking a part of any proposition and offering it as an ameudment Senate was still in session. to another. The amendment of Mr. MAGINNIS waa read, as follows: Mr. HOLMAN. I understood it was the bill of the committee. Add to the bill the following: Mr. THORNBURGH. No, it is only one section. There is no suoh For this amount, or so much thereof as may be necessary, for the erection of two bill pending. I was prepared to offer this as a substitute for the bill ~ilitary posts upon the Yellowstone and Muscle-shell Rivers, as recommended by the pending in the House. The Committee on Military Affairs did not Secretary of War and the General and Lieutenant-General of the Army, $200,000: propose to report back the bill, but to report this substitute for it. Provided, That the military posts the continued occupation of which will be ren. The CHAIRMAN. The Chair understandsthatthegentlemanfrom dered unnecessary in the opiniou of the Secretary of War by the erection of said military posts shall be abandoned as soon as practicable. Montana accepts it as a substitute instead of his proposition Y Mr. THORNBURGH. Yes, sir; I ask that the letter of T1ieutenant- lli. MAGINNIS. The law now authorizes the erection of these Genera.l Sheridan be read, in order that the committee may have in- posts, and all that is neces ary is an appropriation. The provision formation as to the necessity for these two posts being established. of the statutes on the subject I have·not before me, but I know that The Clerk read as follows: these posts were provided for by law upon the personal request of the HOUSE OF REPRESENTATIVES, Lieutenant-General, made before the Committee on Appropriations Washington, D. 0., Febrr.tary 18, 1876. several years ago. Congress authorized the posts, but their building DEAR Sm: I requested the honorable chairman of the Committee on Military was delayed until the YelJowstone was proved to be navigable. I Affairs to solicit you to detail at length the reasons existin~ for the establishment of the posts recommended in your annual report and provided for in the inclosed now call the attention of the chairman of the Committ-ee on Mili- bill. In the press of business while you were here this was overlooked. It would tary Affairs [1\fr. Bru.~NING] to the fact that ·this amendment is in greatly aid in carrying out the recommendations of your report if such a sta.tement substance identical with a bill unanimously directed to be reported could be laid pefore the committee, as also your estimate of the lowest sum that by his committee, and which has been for some time in the hands of would be required to carry out your plans in the establishment of these posts. The threatening news from the northern Sioux gives additional force to yolil' the gentleman from Tennessee [Mr. THO&~BURGH] to be reported to recommendations, and to the belief so long entertained that the only way to con- this House. trol them is in the establishment of depots for troops and supplies in these positions 1\fr. THORNBURGH. I ask the amendment be again read. which threaten their haunts and hiding.pl:wes, and from which they can beroaohed 'fhe amendment was again read. in the winter-time without the necessity of such long and dangerous marches as must be made from any of the posts at present occupied. Mr. MAGINNIS. I yield now to the chairman of the Committee on With high regar(i, your obedient servant, Milita,ry Affairs. MARTIN MAGINNIS. Mr. BANNING. Mr. Chairman, the Committee on Military Affairs Lieutenant-General P. H. SHElUDAN, have some time since unanimously agreed to this appropriation. Ohicago, 1Uinoi8. They agreed to it after looking thoroughly into the subject. Upon [Indorsement.] the recommendation of the Secretary of War, the General of the HousE MlLrrARY CmiMITrEE. Army, and Lieutenant-General Sheridan, we reported it to the Ap- I hope General Sheridan will answer the within inquiry in his corrected report. Respectfn.Uy, &c., propriations Committee, and I had hoped the appropriation would H. B. BANNING, have been made earlier in the session. Whether it is too late to be Chairman Military Committee. made a,vail able this year or not the gentleman from Montana can an- swer better than I can. I can only say we unanimously agreed to it. A bill to provide for the construction of military posts on the Yellowstone and The gentleman from Tennessee [Mr. THORNBURGH] has the bill of the Muscleshell Rivers. committee and will give the reasons why the committee agreed to it. Whereas Lieutenant-General Philip H . Sheridan and Brigadier-General Alfred I think he also has the letters of the Secretary of War and the General H. Terry have, in their reports to the Secretary of War for the year 18"/5, set forth of the Army. I hope the appropriation will be made, particularly if the·great importance and 1m mediate necessity of the construction of military posts at certain pomts on the Yellowstone River, in the Territory of Montana, and in the it can be made available at once. I understand two expeditiOns have military department of Dakota, and such recommendations have been transmitted now reached that country, and there is another yet to go. to Congress with the approval of the Secretary of War: Therefore, lt!r. RANDALL. Let me ask the question whether this proposi- Be it enacted by the Senate and House of Representatives of the United States of America. in Oongressasscmbled, That the sum of 200,000, or so much thereof as may tion does direct the abandonment of those other posts f be necessary, is hereby appropriated for the construction of such military posts or Mr. MAGINNIS. Yes, the proviso directs that. depots, at such points as may be selected by the Secretary of War. Mr. BANNING. I will answer that in this way-- Mr. RANDALL. The amendment will answer that. Let the Lietttenant-Generat Sheridan's reply to the foregoing communication from the Mili- amendment be agt1in read. tary Committee House of Representatives. The amendment wa.s again read. CmcAGO, February -, 1876. Mr. BANNING. I will answer the gentleman from Pennsylvania The necessity for two military posts on the Yellowstone has been apparent to ns fully as I can. My recolJection of the testimony of General Sher- me for two years past, and I have recommended their establishment in my annual idan is that lle stated . as many aa six posts could be abandoned by report.\!. So strongly have I been convinced of this necessity that I have, without any eAtJense to the Government, made an examination of the Yellowstone River, making this appropriation. The amendment does not providejor the and selected the points' at which they should be built. · a,bandonment of any particular six posts. I think tile committee did The Indian question in the Black Hills must now be settled by the establishment not recommend any particular posts should be abandoned. We could of the Indians on the Missouri River, and in the accomplishment of this purpose not do that, but left it to the General of the Army and the Secretary the two points mentioned will have to be located, one at or near the mouth of the Big Horn River, the other at or near the month of Tongue Rh•er. These posts can of War. be supplied by steamboat up the Yellowstone, and can be constructed of material Mr. MAGINNIS. I wish to call the attention of the chairman of found m the vicinity of the points selected. I think I can have them ~uilt for 1876. CONGRESSIONAL RECORD-HOUSE. 3885 tiOO,OOO each; or, in other words, I will try to build both for $200,0no, instead of with the Government. They occupy a country on the Yellowstone f300,000, mentioned in the bill. which is covered from the East by the Bad Lands, so that it is very The Black Hills country ,..,.m probably be covered with towns and villages during the next five or six years. Its value will cause tho extension of the Northern Pa- difficult to make expeditions there from that direction. General cific Railroad on the south side of the Yellowstone as far as the Gallatin Valley in Terry, as the gentleman will see from the public prinU!, is now en- :Montana. and will also build another railroad from North Platte station, on the deavoring to penetrate the Bad Lands to reach the Indians from that Union Pacific Railroad, to the hills. direction. On the other band, it is very difficult to make an expedi- I am of the belief that the larj?est deposits of gold are farther west than where the miners are now working. 'I he headwaters of Wind River are gold.bearing; tion from the south, as General Crook tried to do last winter. And the Owl Creek Mountains are gold-bearing; the Big Horn Valley is gold.bearing; it is equally distant from Mpntana. The object, then, of these posU! Powder Riverisgold-bearin~; also Clark's Fork of the Yellowsrone. ~esides this, is to establish depots right in the heart of that hostile country by the Black Hills ba.ve abunoance of good timber for the treeless country south of which these hostile Indians can be reached, and the supplies can be them and west of the Missouri River. The success of all these interests depends on the establishment of the two posts put in there by water at greatly less cost than at present, and from named. which the Indians can be reached without the long, hazardous, and Military operations have now been commenced against the hostile bands of Sioux expensive marches now required to be made. Indians by request of the Interior De:partment; and I consider this appropriation The gentleman from Indiana is aware that we have now three small so necessary that I especially request lllllilediate action on it. armies moving on these points, designed to be occupied by these very P. H. SHERIDAN, same posts. Those expeditions are accompanied by immense wagon- .IAeutenant· General. trains, and by mule-trains carrying provisions. Mr. ATKINS. Will my colleague have any objection to inserting Mr. BANNING. May I ask the gentleman a question t in his amendment a provision for the abandonment of those six forts · Mr. MAGINNIS. Yes, sir. to which he alludesf Mr. BANNING. Are these expeditions now moving with the ex- Mr. THORNBURGH. They cannot at present be named, for future pectation of getting this appropriation, a.nd m~king their winter events may show some one which might be named and placed in the quarters theref bill it would be necessary to retain. Therefore I hope that provision Mr. MAGINNIS. They st.arted out with that expectation, and this will not be inserted. amount asked for would have been placed in the regular estimates Mr. MAGINNIS. The question of what post shall be abandoned but for the fact that the Army officers desired that the appropriation depends largely on the direction in which the Indians shall fall back. should be ma(le in advance of the regular appropriations, aud asked Mr. THORNBURGH. This appropriation is in the line of economy, the Committee on Military Affairs to report an appropriation in a. for the purpose of shortening the lines of transportation over which separate bill, which should have passed long before this. The columns we have 1o transport troops, supplies for troops, and supplies for the all marched with the anticipation of favorable action by Congress. Indians. There ar~ to-day somt\ half dozen interio posts, away from. Every officer of the Army connected with military operations in the river, away from the railroad, in that country where it is neces- that country concurs in the necessity of these ports, as bases from sary for us to keep a continuous supply of munitions of war and sup- which to conduct successful operations against the Indians. They can plies for the Indians, that can be and will be abandoned on the es- be supplied there ea-sily and cheaply by the Yellowstone River, which tabli!~hment of these two posts which can be supplied by river trans- proves to be a fine navigable stream. And gentlemen must see at a portation by means of steamboats, and ·thns save a great expense in glance the great cost of supplying expeditions which must make the way of transportation to the Government. long marches by wagon and pack trains. Besides that, the length of Mr. HOLMAN. Will the ~entleman allow me to make an inquiry f march greatly jeopardizes the success of such expeditions, and every Mr. THORNBURGH. I y1eld to the gentleman for a question. failure makes the Indians more confident and hostile. It is folly. to Mr. HOLMAN. Is it not one main motive urging the establish- maintain an army unless you are willing to permit its officers to take ment of these two posts in the Yellowstone region that it will pro- the military means which are necessary to success. Gentlemen may, mote the interests of the Northern Pacific Railroad either in its without meaning it, thwart the efforts of our soldiers and bring de- business or the continuation of its construction! Is not that quite feat and disaster on them; but I warn them that the cost of that a strong motive in favor of the _establishment of these two posts f will be great to this Government. Mr. 'l'HORNBURGH. The establishment of these posts is not in the Mr. HOLMAN. These northern Sioux to whom the gentleman from interest of any railroad. That wa-s a consideration which had nothing Montana. refers cannot be well gathered around these military posts to do with the action taken by the Committee on Military Affairs. on reservations. Their motive was purely and alone to save the Government the ex- Mr. MAGUfNIS. The authorities do not want to gather them there. pense of transportation to posts remot-e from rivers and from railroads; The gentleman must not confound the hostile with the treaty Sioux. to save the immense Army transportation that costs the Government Mr. HOLMAN. The tendency of the northern Sioux is to drift hundreds of thousands of r the Bad Lands. And so with General Mr. MAGINNIS. The Missouri River posU! can be abandoned. Crook moving from Fort Laramie, he also bas to carry his supplies Mr. HOLMAN. That will not give any material relief. Thore with him by wagon and pack trains; and the distance traveled by mnst be a relief resulting from the abandonment of the posts around these military expeditions gives the Indians sufficient notice, so that which the great body of the Sioux have been gathered in order to they are enabled to avoid any punishment and escape entirely from make this a measure of economy; and I am very apprehensive that the military arm of the Government. after the expenditure of this large sum of money it may be folmd Now if these posts are located there in the heart of the ln(lian conn; from the requirements of the Indian service or from some other cause try right where these tribes pass back and forth when going out upon that these posts are of little importance. their hunting .expeditions or to commit depredations, it will be a very Mr. MAGINNIS. I think I can in a few minutes demonstrate to great memmre of economy as far as the control of the Indians is con- the gentleman from Indiana that these posts should be established cerned, and a very great protection to the entire region of country I for purely military rea-sons. I agree fully with all the gentleman where they roam. If the base of supplies were near the Indians the from Indiana. says about the Sioux at the agencies he has spoken troops could move out rapidly and strike and punish these northern about. But the gentleman must understand that there is a band of Sioux who are constantly desolating our frontier. And we should northern Sioux under Sitting Bull who have never made any treaties then have the satisfaction of knowing that the Government was not 3886 CONGRESSIONAL. RECORD-HOUSE. JUNE 19, feeding and caring for Indians at the Sioux agencies during the winter Walsh, Ward, Warren, Erastus Wells, Wike, James Williams, James D. Williams, who could go out during the summer murdering and plundering our Jeremiah N. Williams, James Wilson, Yeates, and Young-99. . NOT VOTING-Messrs. Ainsworth, .Ashe. ~org~ A. Bagley, John H. Bagley, citizens without f~ar of punishment of any kind. This appropria- Jr., John H. Baker, Bass, Bell, Blaine, Bliss, Braarsons, Payne, William .A. PhilliJ>S, Pierce, Potter, Rainey, Reagan, John Reilly, Robinson, .Rusk, Sampson, Committee, and ask that they be printed in the appendix to the tes- Schlmcher, Sinnickson, Smalls, Straft, Stone, Teese, Terry. Thornbur~h, Throck· timony taken by that committee. morton; Washington Townsend, Tuft.s, Van Vorhes, Wait, Waldron, .Alexander S. There ·was no objection, and it waa so ordered. Wallace, John W. Wallace, Whiting, Wigginton, Willard, Charles G. Williams, William B. Wi1liams, and Willis-97. DISTRICT OF COLUMBIA BUSINESS. NAYS-Messrs. Anderson, Atkins, Bagby, Banks. Beebe, Blackburn, Blount, Boone, Bradford, Bright, Cabell, John H. Caldwell, William P. Caldwell, Campbell, Mr. BUCKNER. I am directed by the Committee for tl1e District Camller, Cate, Caulfield, Chapin, Chittenden, John B. Clarke of Kentucky, John of Columbia to report back to the House, with a recommendation that B. Clark, jr., of Missouri, Cochmne, Cutler1 Davis, De BoU, Dib•ell, Douglas, Du- the same do pass, the bill (H. R. No. 3411) authorizing the repavement rand, Durham, Eden, Faulh.~er, Felton, Finley, Forney, Franklin, Gunter, Andrew H. Hamilton. Hardenbergh, Benjamin W. Harris, Henry R. Harris, Hartzell, Hero- of Pennsylvania avenue; also, the joint resolution (H. R. No.100) pro- ford, Goldsmith W. Hewitt, Hill. Holman, Hopkins, House, llunton, Jenks, Frank viding for a joint committee to frame a permanent form of govern- Jones, Thomas L. Jones, Lamar. Franklin Landers, Lawrence, Le Moyna, Lynde, ment for the District of Columbia, and for other purposes, ancl to L. A. Mackey, Maish, Meaa~e, Sheakley, SinJ!leton, William E. Smith, Southard, state of the Uni(ln. Sparks, Springer, Stenger, Taroox, Thompson, Turney, Robert B. Vance, Walling, The motion was agreed to. 1876. CONGRESSIONAL RECORD-HOUSE. 3887 Mr. BUCKNER. I now move that the House resolve itself into tee have, however, directed me to move in one of these amendments Committee of the Whole on the sta.te of the Union for the purpose of to strike out the names of two of these citizens, leavinz that of Mr. consiuerin~ the bill and joint resolution just referred from the Com- Clark, so that the commission shall consist of General Gillmore, Gen- mittee for the District of Columbia. Pending that motion, I also move eral Wright, and Mr. Clark, the architect of the Capitol. t.lutt aU debate upon said bill and joint resolution in Committee of the 'l'be first amendment reported by the committee was read, as fol- Whole be limited ·to one hour. lows: The motion to limit debate was agreed to, and the motion to go into In the sixth line of section 1 strike out Adolph Clnss and Charles M:lson. Committee of the Whole was agreed to. · The amendment was agreed to. Tbe House accordingly resolved itself into Committee of the Whole, The next amendment reported by the committee was read, as fol- Mr. SAYI.EU in the chair. lows: The CHAIRMAN. The House is now in Committee of the Whole In the second line of section 8, after the words "District of Columbia," insert for tho purpose of considering the bill authorizing the repavement of "under the direction <1f said paving commission." Pennsylvania avenue and the joint resolution providing for a joint committee to frame a permanent form of government for the Distdct The amendment was agreed to._ of Columbia, and for other purposes; upon which the gentleman from The next amendment reported by the committee was read, as fol- Missouri [Mr. BucKNER] is entitled to the floor. lows: In the fourth line of section 8, after the word "down," insert the following : REPAVEMENT OF PEl\"'NSYLVANll AVENUE. And it shall be the duty of the board of water commissioners and of the Wash- ington Gas-light Company, under the direction of said paving commission, to take Mr. BUCKNER. It is known perhaps to the House that the Senate up, lay, and r eplace all gas-pipes, water-mains, and connections on said Pennsyl- some time since passed an act authorizing the repavement of Penn- vania avenue, at such time and places as said paving commission may direct. sylvania avenue, which was referred in this House to the Committee The amendment was agreed to. for tho District of Columbia. In order to obviate any constitutional The next amendment reported by the committee was read, as fol- objection that mi§O'ht grow out of the introduction of a bill of this lows: character in the enate, it was thought best, out of abundant cau- Add as a new section the following: tion, that the House should originate the bill on this subject, on the SEc. 9. The sum of $3,000 is hereby appropriated, out of any money in the Treas. groimd that it appropriates money to be derived from property-hold- ury of the United States not heretofore appro.~,>riated, and a like amount is diroctml ers on Pennsylvania avenue to the repavement of that street; and it to "be paid by the District of Columbia. commtssioners to the said paving commis- sion, to defray the necessary expenses of said commission. has been thought by some that there might be a constitutional objec- tion on the ground that the Senate cannot originate a revenue bill. The amendment was agreed to. At a proper time, therefore, I shall ask that the bill from the Senate Mr. NEAL. I desire to offer some a,m endments. on this subject be laid on the table. The bill to which I now call the The CHAIRMAN. Does the gentleman report them from the com- attention of the House corresponds in all its important features with mittee! the bill passed by the Senate, so far as regards the mode of repaving Mr. NEAL. No, sir; I offer them on my individual responsibility. the street and the proportion of expense to be borne respectively by I move, in the first place, to insert" five" instead of "three," in line individual property-holders, by the District, and by the General Gov- 26 of section 2, so as to provide that "the contractors shall keep the ernment. The amendments made by the House committee do not said pavement in good order for the term of five years." I will interfere with the general features of the bill from the Senate. I state the effect of this amendment is simply that tho contractors make this explanation in order that the House may understand why shall guarantee this pavement for the term of five instead of three a new bill is presented here. years, as in the bill. I rlesire to explain briefly the provisions of this bilL It provides The amendment was agreed to. in the first plaee for the appointment of three commissioners-two Mr. NEAL. I have an additional amendment. I move in the same Army officers, and one civilian, the present Architect of the Capitol, section, line27, to strikeout the word "or" and insert the worll ''and," Mr. Clark. These commissioners are to determine the character of and to strike out the word "a" and insert in lien of it "ten;" and in the pavement, and are to have charge of the appropriation of money line 28, after the word "as," insert the words "an additional security for the purpose of improvin~ this street. and;" so it will read: According to my calculation the total cost of this pavement will Provided, That said J?avement shall be of the best mat.eriaJ, laid in tho most sub- be from $250,000 to $260,000. This estimate is upon the basis of $4 stantial manner, autl Without unnecessary delay, and that a ~ood and suilicient bond per superficial square yard. Of this amount the Government of the to the United States, with sureties t() be approved by the commission, shall be ex- acted, gmtranteeing that the terms of any contract or contract'J ma~e shall bo United States will pay $125,000; the property-holders, somewhere in strictly and faithfully observed, and that the contracror shall keep tho said pave- the neighborhood of $43,000; and the District of Columbia by general ment in good repair for the term of five years; and said commission shall retain 10 taxation about 92,000. _ per cent. of the cost of the work as an additional security 8Jl.d guarantee fund to The Senate bill fixed $4.60 per superficial square yard as the ulti- kee_p the same in repair for the said term. mate limit of the expense. We have reduced that limit to $4, be- The amendment was agreed to. cause from the evidence before us we have very little doubt that a.n Mr. HOAR. I move the following amendment, to come in as an excellent pavement can be laid down at this figure or even less. I additional section: believe thE" bids will be at a much lower figure, and yet secure us a The Clerk read as follows : pavement which will be satisfactory to the connt.r y. SEC. 10. Said commission shall also cause so much of I street as lies between The bill provides that the Washington and Georgetown Railroad Eighth and Tenth streets northwest to bo paved at a cost"of not more than $2.50 Company shall pave inside their tracks and for two feet on each side per square yard above the proceeds of the old pavement, the cost thereof to lle of the track; that the cost of that paving shall be paid by the rail- paid in themannersetforthin the third section for repaving Pennsylvania avenue. road company. It provides further that the Government of the Mr. BUCKNER. It seems to me that amendment is unnecessary. United States shall pave up to the line where the railroad begins to Mr. HOAR. I am entitled to the floor on my amendment. pave; that it shall pay for the pavement fronting the Botanical _Gar- The CHAIRMAN. The Chair supposed t he gentleman from :Mis- den and the reservations belonging to the Government. It is further souri rose to some other point. provided that the Government (and this is also the provision of the Mr. HOAR. I will yield to the gentleman from Missouri, chairman Senate bill) shall pay one-half the expense of paving the street inter- of the Committee for the District of Columbia. sections, and the District of Columbia one-half; that the private 1\Ir. BUCKNER. I understand this amendment applies to that por- property-owners shall pay one-third of the expense of paving on their tion of Pennsylvania avenue north-- • frontage, the District of Columbia one-third, and the Government Mr. HOAR. 0, no; just hear my statement. This amendment ap- of the United States one-third. plies to a little piece of I street between Eighth and Tenth streets. Perhaps the House may desire to hea.r some reasons for this provis- It is a part of I street wholly occupied by private residences, and is ion. It grows out of the bet that in 1871 the private parties owning one of the worst pieces of pavement in the city, as everybody knows property on Pennsylvania avenue from the Capitol gate to the Treas- who has bad occasion to travel over it. It was paved at the entire ury building paid $19.55 per front foot for the present pavement, expense of the owners some years ago. It is a pavement now almost which is absolutely in a state of decay and destruction; while be- unfit to pass over in a carriage. This proposition is made at there- tween the Treasury Department and Georgetown in 1872 a similar quest of those who live there, quite a number, and provides that the pavement was laid at an expense to the property-holders of only $4.40. expense shall not exceed $2.50 per square yard and shall be assessed During the la~t year that pavement has been taken np and a new by this commission. concrete pavement laid at the expense of the District of Columbia, 1\Ir. BUCKNER. I hope the amendment will not be adopted. the property-holders paying nothing. Hence it has been provided in There are a grea.t many streets here which ought to be repaired now, the Senate bill (and we agree with the Senate on this point) that and a great deal of money might be spent. If we make provision in these property-holders shall pay only one-third of the cost, which this bill for the repaving of this portion of I street because it is bad, will be about $6.70 per front foot; that the Government shall pay requests will come up for the repaving of all the other streets in the one-third, and that the District o~ Columbia by general taxation shall cjty at once. I hope the amendment will be voted down. pay the remaining third. Mr. HOAR. This is a simple thing, but important to tho persons With this explanation of the provisions of the bill, I send to the dwelling on that street. They think, having at their own expense Clerk's desk several amendments agreed to by the committee. Be- laid -this pavement, they ought to be permitted now to lytve -this little fore they are read I will state that this bill a~ introduced by myself piece repaved at their own expense. provided for a commission to consist of two Army officers and three Mr. -BUCKNER. I hope the amendment will be voted down. private citizens-Mr. Cluss, Mr. Mason, and Mr. Clark. The commit- Mr. HOAR. I demand a division on the amendmtmt. CONGRESSIONAL RECORD-HOUSE. JUNE 19, Mr. BUCKNER. I hope not. vides that the sidewalks adjacent to the Government property on the l\1r. HOAR. I will not press it if the committee having the bill in Avenue shall be repaved with this stone, which would be entirely un- charge seriously oppose it. I will not press the division. necessary, and is not provided for in the bill as it now stands. It The amendment was rejected. would be adding unnecessarily to the cost required at the bands of Mr. THORNBURGH. I move the following, to come in as an ad- the Government. dit.ional section. :r.;u. J. H. BAGLJ?Y.. I wish simply to say that the gentleman from The Clerk read as follows : Ohio [Mr. NEAL] lS· mistaken. The amendment does not make it SEC. 10. The expense of laying down such service-pipes and sewer connections obligatory on the commission to decide on any stone. It leaves it shall be assessed by the commissioners of tl1e District of Columbia in the manner entirely with the commission. That is the idea of the amendment. provided by: the fourth section of this act, upon the property in front of which they The amendment was not agreed to. shall be lrud; and the provisions of the fourth and sixth sections of this act in re- Jation to the collection of the asses!'lments for the expenses of said pavement are Mr. BUCKNER. I move that the bill be laid aside, to be reported here~y ~ade applicable to the ~~;ssessments for the expense of laying down such favorably to the House. serv1ce-p1pes and sewer connections. The motion was agreed to. Mr. LEAVENWORTH. 11-Ir. Chairman, it will be observed this bill PERMANE~T GOVERNMEYr FOR THE DISTRICT. makes simply provision for assessing and collecting the expense of this pavement, but it makes no provision whatever for assessing and The CHAIRl\IAN. The Clerk will now read the joint resolution, collecting the expense of this service-pipe and sewer connections for which is also before t.he Committee of the Whole. gas and water. It has been suggested there is some general law upon The Clerk read as follows: which it can be done, but it would be very remarkable there should Joint resolution (H. R. No. 100) providing for a joint committee to frame a perma- be a general law under which you could not assees and collect the nent form of government for the Distrfct of Columbia, and for other purpo es. expense of this pavement., and yet at the same time, under which Resolved, d'::c., That a joint committee, consisting of three members of the House you could assess and collect the expense of this service-pipe and and two me~?ers of. the Senate, to be appointe~ u.v th.e Speaker of the House and by th~ presiding o~cer of the Senate, respecti\'ely, 1s her eby appointed, whose sewer connections. If the gentleman can find such a law, my amend- duty It shall be, dunng the recess of Congress, to prepare a suitable form of gov- ment would be unnecessary, but I have examined the law somewhat ernment for the District of Columbia and ap_propriate tlraughts of statures to be carefully since the organization of the old District government, and enacted by Congress for carrying the same into effect, and r eport the same to the two Houses, respectively, on the first day of the next session thereof. It shall also I can find no authority in the board of commissioners to make any be the duty of said joint com1nitteo t-o prepare and submit to the next session of such assessment. If there is such a law, the gentleman can point it this Con~ess a. statement of the proper proportion of the expenses of the p:overn. ont. Inasmuch as this bill makes such special provision in regard ment of tne District of Columbia, or any branch thereof, including interest on the to paving, it is remarkable there should be in the general law some funded debt, which should be borne by said District.and the U nit.ed States respeot- ive~y. together with the reasons upon which their conclusions are bas~. Said power by which similar provisions should be found in reference to committee are authorized to employ such assistance as may be needed to enable this service-pipe and sewer connections. them to discharge the duties hereby imposed on said committee· and the sum of Mr. BUCKNER. I bad prepared some such provision as that, but $5,000 is hereby appropriated, or so niuoh thereof as may be necess~ry to defray the I was told by a gentleman who was perfectly familiar with the law necessary expenses of said joint committee. ' and practice in this District that there is a general law covering just Mr. BUCKNER. By direction of the committee, I send to the desk such cases, and that the District commissioners ha« the right to assess an amendment. and collect the expense of such service-pipe and sewer connections The Clerk read as follows: . upon the property affected thereby. . . Strik~ out iJ;t th~ thir~ line, a~r the word "t~a~" to th~ ":ord "respectively," Mr. LEAVENWORTH. If there be any such law, which I have m the SI~th _line, mclus1v~, aild msert "a CO!IJmls 10n conSisting of two residents not been able to find, the result of adopting this amendment would be of the Distnct of Columb1a aild one non-restdent thereof, to be appointed by the merely that this section would be super.tluous, for this amendment Speaker of the House, and two residents of said District and one non-resident thereof to be selected by the presicling officer of the Senate." which I propose is in perfect harmony with the bill. It authorizes the same persons to assess the expenses, and provides for collecting Mr. RANDALL. Will the gentleman explain the effect of that' tbe amount in the same manner. Mr. BUC.IrNER. The effect of this amendment is, instead of a joint Mr. BUCKNER. 'l'he tax for the pavement ought to be kept by committee of the House and the Senate, as in the original bill, to au- itself, that for the water connections should be paid by the prop- thopze the appointment _of six persons, three of whom shall be resi- erty-holclers. dents of the District of Columbia and three non-residents, to report Mr. LEAVENWORTH. In my amendment this is kept by itself, to Congress at its next session some form of permanent government and the amount is assessed upon the property in front of which each for the District of Columbia; and aJso to determine what proportion connection is formed. of the expenses of the District should be borne by the General Gov- The question being taken ou Mr. LEAVENWORTH's amendment, ernment. The reason of the change is simply that, upon considera- there were ayes 10, noes not counted. tion, the committee came to the conclusion that it would be impos- So the amendment was not agreed to. sible in the coming recess, on account of the political excitement, to Mr. J. H. BAGLEY. I offer the amendment which I send to the get a committee of Congress or any number of them to decide or even desk. to discuss this question as it ought to be so as to make a report to The Clerk read as follows: this Congress. There is no more important question, so far as the Gov- .At the end of the first. section insert the following: ernment is concerned and this District is concerned, than to have a It shall also be the duty of such commis ion to select and tletermine the best permanent form of government for the District; and also to have it kind of stone to be used in making the street-crossings across Pennsylvania ave- determined what proportion the Government shall pay of the ex- nne and the streets and avenues intersecting the same, and across the triangular penses of this District. spaces above mentioned, and to have snch street-crossings made of such kind of stone as they or a ma;jority of said commission may agree upon. It shall also be This provision, ex~ept as to the character of the commission, is the duty of said commission to select and determine the best kind of stone for pav- precisely identical, almost word for word, with the provision in the ing the sidewalks adjacent to the property of the United States fronting on said act of 1874, when this present temporary government was estab- avenue, and to have such sidewalks paved with such stone as they or a majority of lished. The act of Congress of 187 4 provided that a committee should the said commission may agree upon. be appointed to prepare a form of government as well as to deter- Mr. J. H. BAGLEY. My object in offering this amendment is to mine this other important question. That committee did report to supply a deficiency in the bill by giving the commissioners the dis- the Senate, but the report fell still-born and nothing has been done. cretion of naming the ind of stone to be used in ma.king the cross- The consequence is that this District is in a very extraordinary con- ings. And in relation to the sidewalks, my object is to do away with dition, with no permanent form of government, and with no under- the old brick sidewalks ajacent to the Government property on the standing in regard to its relations to the Government. Avenue and to replace them with stone. Mr. RANDALL. I desire to say that it may be very proper that Mr. BUCKNER. There are two objections to this amendment. there should be on this commission three resident's of the District of One is that it requires the commissioners to determine what sort of Columbia, but the other three should be non-residents. Every one stone should be used in making the crossings. ·we do not want to knows that the natural feeling of those three from t.he District wonld encumber this bill wit.h anything of that sort. That is one objection. be to lighten the burden upon property here. There should be three And then, in regard to the sidewalks, the amendment ma.k es it the that are non-residents, and who may be presumed to act in the inter- duty of the commissioners to determine the best stone for paving the ests of the United States Government. I would suggest t.hat the gen- sidewalks adjacent to the properL-y of the United States. That is tleman change the amendment so that three shall be residents of the hardly germane to this bill, and it is not necessary to encumber the District of Columbia and the other three non-residents. bill with any amendment of that sort. As to making the crossings ~Ir. BUCKNER. The amendment provides that. with any particular kind of stone, however desirable that may be, Mr. RANDALL. No, sir; I think not. in a certain contingency it would not be necessary at all if the com- Mr. BUCKNER. I think it does. missioners should decide to adopt the asphalt pavement or any other Mr. RANDALL. No; it only says that the other three shall be hard pavement. non-residents. ltlr. NEAL. If I understand the amendment of the gentleman from Mr. BUCKNER. We desiro that the Government shall be inter- New York rightly it is whol1y and entirely unnecessary. As regards ested as well as the District. the first point in the amendment the bill as it now comes from the Mr. RANDALL. I would like to have the Government have the committee provides for the very thing which the gentleman seeks to same force in this commission as the District. provide for. Again, the amendment proposed, if adopted by the com- Mr. HENKLE. The read.in~ of the amendment again will show mittee, will add largely to the amount of money that must be paid that it has. I ask for the readmg of the amendment. out of the Treasury of the United States. For the amen~ment pro- The Clerk again read the amendment. - 1R76. CONGRESSIONAL RECORD-HOUSE. 3889 Mr. RANDALL. That makes it four District commissioners to two intention of the fathers, and is in accordance with the spirit of our non-re idents. institutions, that the relation of this Congress to the people of the - Mr. BUCKNER. 0, no ; it does not mean that. District of Columbia should be the same as that of the Legislature Mr. BLAND. Yes, it says so certainly. of a State to the different municipalities of the State, and that the Mr. BUCKNER. Then I was mistaken. District, of Columbia, as a municipality, should have the right to Mr. BLAND. It gives four commissioners for the District and two elect its own officers, to make its own municipal regulations, and outside of the District. - .. direct its own affairs in every particular, while Congress at the same Mr. RANDALL. I suggest an amendment, that two of the com- t_ime is to exercise that supervisory authority over it which the Legis- missioners appointed on the part of the House shall be non-residents latures of the several States exercise over the municipalities of the of the District, -and one a resident of the District, and that of the States. Under that regulation, I believe that we should establish three appointed on the part of the Senate, two shall be r.eaidents of this new government for the District of Columbia. In this centen- the District, and one a non-resident. nial year of the Republic I plead for the principle of self-rule as a Mr. BUCKNER. We have no objection to that; that is what we right, and that we should not stand before the nations of the Old designed. World here, and right under the shadow of the Capitol, denying to Mr. RANDALL. Yes; but you leave the House to appoint two the people the right of self-government. residents and the Senate to appoint two. Mr. LAWRENCE. I wish to say a word-or two upon this subject. Mr. BUCKNER. That is not what the committee intended. It is undoubtedly competent for the House, while providing for the Mr. RANDALL. Then the language does not convey the intention appointment of this commission, to give some directions a.s to the man- of the committee. ner in which they shall perform their duty. The single purpose of Mr. BUCKNER. I am willing to accept the suggestion of the gen- this amendment, as I understand it, is to direct the commission in tleman from Pennsylvania, [Mr. RANDALL.] - framin~ a form of government for the District of Columbia to incor- The amendment offered by Mr. BucKNER, as modified at the sug- porate 10 their system the principle of suffrage. gestion of Mr. RANDALL, was then agreed to. - My friend from Massachusetts [Mr. HoAR] says very truly that the Mr. WILLARD. I offer the following amendment to the joint reso- Constitution provides that Congress shall have exclusive legislative lution: power over the District of Columbia. So the constitution of every Provier the records of titles to said make a partition his associate would have to take his share in two real estate show such separate interests, or whenever tho fact of such ownership pieces; be would have to divide in one part with the man who orig- becomes otherwise 1..-nown to those charged by law with making such assessment. inally owned the whole undivided half, and then he would have to SEc. 2. That in all cases in which aBSessments of taxes against such real estate so owned have heretofore been made, each separate owner, upon prima facie show- divide the part be owned with another person. Therefore, instearl of in~ of his interest by transcript of his recorded title or by his affidavit of owner- taking his interest·in one piece, be would have his interest impaired ship, shall be entitled to pay his proportion of the wholeta.xsoassessed.and thereby iu value by being cut up in several pieces with the several aasociates relieve his said interest of the lien of said taxes. And in all eases in which salo8 with whom he would have to make several partitions. of such real estate so owned have heretofore been made, in default of payment of tho taxes dno thereon, tho owner of each separate interest shall be entitled tore- Suppose that the gentleman from New York l.M:r. ·wooD] and my- deem tho same by the payment or tender to tho purchaser thereof of his proportion self owned a piece of land together. He pays his tax, and so much of tho taxes and other charges that would havo to be paid as now provided b.\' law of my part of the land is sol(l for my unpaid tax as is needed ; one- to redeem the whole I?roperty, and shall thereupon be re-invested with tho title to half of my interest in the land·is sold to some one else, and the other his said interest in srud property. half is left to me. I come in and compel the gentleman from New Mr. BUCKNER. This bill explains itself, and I rlo not see that York to set off so much in one pie~e, dividing his interest from mine; there is any necessity for me to make any remarks upon it. and t.hen the m!ln to whom the sale bas been made comes in and com- Mr. HOAR. The gentleman from .Missouri says that this bill ex- pels the gentleman from New York to make another partition with plains itself; then it seems to me that it explains one of the most ex- him. Thus, instead of having one piece of land in ono place, when traordinary propositions that I ever beard. The idea of having every the division is made, the gentleman from New York would have two separate and undivided interest in real estate separately taxed, so that pieces of land in two di1f'erent places, and in that way we will have if there are twenty heirs and one of those dies leaving twenty more seriously impaired the value of his property. heirs the public are obliged to deal separat.ely with each of thoSAinter- It is for that reason that wherever the common law prevails men ests in the real estate is as strange a one as I ever heard of. But the who own a piece of real estate in common cannot sell by metes and latter clause of the bill is still more unjust. bounds any portion less than their nodi vided part. Each one may Mr. BUCKNER. The bill provides that wherever two or more per- divide his undivided half by selling a les.Serundivided interest. Does sons own undivided interest in real estate the tax on that real estate not this proposition reported from the Committee for the District of should be a-ssessed against each of said interests separately, and each Columbia destroy or seriously impair the value of the land owned by party shall be entitled to pay his proportion of the whole tax. so a-s- the man who pays his tax f Bow do you get over that f sessed and thereby relieve his interest of the tax. Mr. BUCKNER. I do not understand that to be so. Mr. HOAR. Leaving the Government to deal on the question of Mr. HOAR. That is the law everywhere. taxation with the other undivided shares. ~Ir. WOOD, of New York. I am apprehensive that this bill, if en- Bnt the latter clause of the bill seems to me to be absolutely uncon- acted into a law, would lead to serious difficulties. I think it would stitutional. Here is a man who under existing law bas bought at a tax be very embarrassing to those men who are copartners in real estate, sale real estate to which he is entitled by the laws in force; but this and much more embarrassing to the Government itself. bill provides that any owner of a divided interest may redeem his The principle of taxation upon real estate is not to recognize indi- land sold for taxes, so that the man who bas in good faith bought the vidual ownership. We do not know who owns the land; we tax the property at a tax sale for its full value is bound to become a joint land. If the Governmen~ should enter into a recognition of the in- 1~76. CONGRESSIONAL RECORD-HOUSE. 389:3 tere~:~ts of the different persons who have entered into a copartnership Mr. HENDEE. I have no objection to the aodification suggested. for purposes of speculation in real estate, receiving from A a portion I move to amend by striking out " time" and inserting " day and of the tax and from B another portion of the tax, crediting and re- hour." ceipting to each for his portion of the tax, it would lead to complica- The amendment was agreed to. tions and difficulties which would result in loss of revenue to the 'fhe bill, as amended, waa ordered to be engrossed and read a third Government, and would lead to litigation between the parties them- time; and being engrossed, it was accordingly read the third time, and selves in interest. passed. I see no rea-son for departing from the well-established usages in Mr. HENDEE moved to reconsider the vote by which t;he bill was every St.ate and every municipality in the United States with refer- passed; and also moved that the motion to reconsider be laid on the ence to taxation upon real estate. We do not know who owns the table. land ; we do not cru:e who owns the land. The land is assessed so The latter motion was agreed to. much by way of tax, and when the tax is paid the land is released, and not before. In receiving a portion of the whole tax, no relea-se JOINT-STOCK COMP.L."'ff"-YOUNG MEN'S CHRISTIAN ASSOCIATIO~. can be given or should be given for $1 of the amount of the whole Mi-. HENDEE also, from the Committee on the District of Colum- tax which is due upon that piece of land. bia, reported back, with a recommendation that it pal38, the bill (S. I am afraid of this experiment, this innovation upon the well-es- No. 634) to amend an act entitled "An act to incorporate the joint- tablished rules and regulations in reference to the system of munici- stock company of the Young Men's Christian Association of Washing- pal taxation tbronghout the whole United States. I think we had ton," approved March 2, 186i. better stand where we are in that matter. If men are so foolish-and The bill was read. I think no common-sense m:m would do any such thing-as to own Section 1 empowers the joint-stock company of the Young Men's real estate in copartnership with anybody else, then they must take Christian Association to borrow, .on the security of the real estate now the consequences. I hope, therefore, that this bill will not pass. owned by it in square No. 407 in the city of Washington, not exceed- llr. BUCKNER. I do not want to occupy further the time of the ing the sum of $.'33,000, at a lawful rate of interest, for the purpose of Honse with this bill; and I move that it be referred to the Committee paying off the debt now dne from the company to the Freedman's Sav- of the Whole, in order that wo may take up other measures of more incrs and Trust Company. importance in the hands of my colleagues on the committee. &ction 2, in order to secure the amount authorized to be borrowed The motion was agreed to. by the preceding section, authorizes the joint-stock company to exe- cute and deliver its note for the amount borrowed, bearing such law- PUBLIC BUILDING IN ALBANY, NEW YORK. ful rate of interest and payable at such time, principal and interest, Mr. ADAMS, by unanimous consent, introduced a bill (B. R. No. as may be agreed upon between it and the persons from whom it may 3739) to amend the act approved March 12, 1t!72, entitled "An act to borrow the money, and, to secure the payment of such note and in- authorize the construction of a fire-proof building in Albany, New terest, to convey the property to two trustees in fee-simple, with York;" which was rea..d a first and second time, referred to the Com- power in the trustees, or the snrvi vor of them, to sell the property mittee on Public Buildings and Grounds, and ordered to be printed. at public auction in case of default made in the payment of the note, BRIDGE ACROSS THE POTO~IAC. or any installment of interest due thereon, upon such terillS and after such notice by advertisement as the trustees, or the survivor of them, Mr. HENDEE, from the Committee for the District of Columbia, may deem best for the interest of all parties concerned, and to con- repo1·ted back, with a recommendation that it pass, the bill (H. R. No. vey the same to the purchaser in fee simple. 11~1) to authorize the Secretary of War to construct a bridge across 'fhe third section provides that the rents and revenues derived from the Potomac River, at or near the Three Sisters Islands, and appro- said property shall be retained by the board of directors of said joint- priating $140,000 for that purpose; which wa-s referred to the Com- stock company and applied to the payment of the indebtedness herein mittee of the Whole on the Private Calendar, and the accompanying authorized, and shall not be applied to the payment of interest on the report ordered to be printed. capital stock of said corporation until said indebtedness is fully paid. RECORDING DEEDS, MORTGAGES, ETC. The fourth section provides that nothing therein contained shall be Mr. HE.N DEE also, from the same committee, reported a bill (H. R. construed as authorizing said joint-stock company to encumber said No. 3740) providin~ for the recording of deeds, mortgages, and other real estate for any other purpose or in any other manner. conveyances affectmg real estate in the District of Columbia; which Mr. HENDEE. Mr. Speaker, a bill precisely like this was passed was read a first and second time. in this House after a report and explanation by myself. The same The bill was read. It provides that sections 446 and 447 of the Re- bill waa also pa-ssed by the Senate. As this bill has come from the vised Statutes, relating to the District of Columbia, passed at the Senate, if now concurred iu by the Honse and it should receive the first session of the Forty-third Congress, 1873 and 1bi4, be repealed; signature of the President, it will become the law. and that the following be enacted in lieu thereof: The bill was ordered to :t third reading; and it was accordingly AU deeds, deeds of trust, mortgages, conveyances, covenants, agreements, or any read the third time, and pa-ssed. instrument of writing which by law is entitled to be recorded in the ollice of the Mr. HENDEE moved to reconsider the vote by which the bill was recorder of deeds shall take effect and be valid, as to creditors and a.s to subse- passed; and also moved that the motion to reconsider _b e laid on the quent purchasers for valuahle consideration without notice, from the time when table. such deed, cleed of trust, mortgage. conveyance, covenant, agreement, or inl!tru- ment in writing shall, after bavmg been aoknowled~ed, proved, or certified, as the The la.tter motion wa-s 3.ocrreed to. c:\So m•loy be, be delivered to the recorder of deeds tor record, and from that time GLENWOOD CEMETERY. only; and the recorder of deeds shall note on each deed or other instrument of writing required by law to be recorded, the time of delivery of the same to him to Mr. HARDENBERGH. I am directed by the Committee for the be recorded. District of Columbia to report back a bill (H. R. No. 2235) to -amend The second section provides that the act shnll not be so construed au act entitled "An act to incorporate the proprietors of Glenwood as to affect any deed or other instrument of writing heretofore re- Cemetery," approved July Zl, 1854, with a substitute, (H. R. No. 3741.) corded. The SPEAKER p1·o ternpore. The substitute will be considered as 1tfr. HENDEE. I do not propose to read the sections of the Re- an original bill. vised Statutes referred to in this bill; but I will state the purpose of Mr. HARDENBERGH. Very well. It is an act to amend an act the measure. As a preliminary to that, however, I desire to say that entitled '·An act to incorporate· the proprietors of Glenwood Ceme- ruy colleague on the committee, the gentleman from Massachusetts, tery," approved July 27, 1854. [Mr. CRAPO,] reported some two months since a bill very similar in The bill, which wa-s reoo, provides that nothing in the act of in-' form to tbis; and it was passed by this body and the Senate, bnt was corporation shall prevent the owner or owners of any lot or lots vetoed by the President upon the ground of ambiguity. In this new therein from making improvements or decorations therein without bill we have obviated that difficulty. let or hinderance as may not be inconsistent with the objects and Under the existing law in this District, deeds may be withheld purposes of said cemetery. • from record for six months by the party holding them. This haB led The bill was ordered to be engrossed and read a third time; and and might hereafter lead to much fraud as between purchasers and being engros.~ed, it was accordingly read the third time, and passed. sellers of real estate. The object of this bill is to make every deed take Mr. HARDENBERGII moved to reconsider the vot~ by which the e.m~ct from the time when iti shall be entered for record; and it is bill was passed; and also moved that the motion to reconsider be provided that the recorder shall note upon the instrument the time laid on the table. when it is received for record. Then, as a matter of course, every- The latter mo~ion was agreed to. body purchasing or having anything to do with property obtains from CELEBRATION OF THE FOURTH OF JULY. the record notice as to the true state of the case. Thls is aJl. there is Mr. HARDENBERGH also, from the samecommittee,reported back of the bill ; and I hope that it may pass. a joint resolution (B. R. No. 127) relative to the celebration of July Mr. REAGAN. I call the attention of the gentleman from Vermont 4, 1876; which was read a first and second time. [Mr. HENDEE] to the fact that the bill now provides for recording The joint resolution, which was read, authorizes the commissioners "the time of delivery" of the deed or other instrument to the recorder. of the District of Columbia to expend the sum of 1,000 in the pur- I suggest that we should provide for noting the day and the hour. chase of fire-works to aid in the celebration of the approaching cen- Such a modification will conform to the law in a number of States, tennial anniversary of American Independence. where the provision has been adopted in order to avoid confusion or Mr. HARDENBERGH. A petition was addressed to the commis- difficulty from the legal principle of the indivisibility of a day. I sioners of the District of Columbia. asking them to appropriate a sum think the amendment I suggest may be useful. of money for the purchase of fire-works for the celebration of tlie cen- 3894 CONGRESSIONAL RECORD-HOUSE. JuNE 19, tennial anniversary of the Fourth of July of American Independence. and which is ruining the park, and we will burn that up to the tune The commissioners referred that petition to the Committee for the of the finest music the .Marine Band can give. [Laughter.] District of Columbia. There was also a request that the Government But seriously, I appeal to the gentleman in all seriousness, is he should make an appropriation for the same purpose on their part. going to permit us to have no fire-works in this city on the Fourth Tbe committee is disposed to do what is right in t.he matter. I ask of Julyf [Lau~hter.] the House whether they will consider any other sum is necessary than Mr. CHITTENDEN. 0, no; nothing of the sort. that provided for in this joint resolution. The money here appro- .1\.lr. HARRISON. Patriotism, sir, is dying out. They have sho~n priated is to be taken from the funds belonging to the city held by down in Cincinnati that it does not exist there. It is all hazy. the commissioners, and this merely authorizes them to make the ex- fLaughter.] And here the gentleman wants this Congress to ac- penditure for the purpose specified. The point for this House to con- knowledge that we have no patriotism. Sir, I will never con ent to it. sider is whether, in addition to this sum, Congress shall make a further [Cries of"Never,Never!1'] Nor do I think this Housewill. I will appropriation on its part. The committee express no opinion on the stand here if it takes me all summer voting for fire-works on the next ma'1ter, but leavo it entirely to the consideration of the House . }'ourth of July. [Laughter.] Andlask my republican friendstoaid .Mr. REAGAN. Mr. Speaker, I have no objection to facilitating the me in voting for it. If my democratic friends will not vote for it celebration of the Fourth of July, but I do not think we ought to I will turn republican. I will be with the party that is faithful to appropriate money to aid the people of one city to celebrate it when the Fourth of July. ' we do not appropriate for others. In tha.t respect I do not think it Mr. CHITTENDEN. But it should be done prudently. Let us not is just. do anything which may end in burning up the cit.y. Mr. HARDENBERGH. This joint resolution does not propose to Mr. HARRISON. The gentleman I believe claims to be what is appropriate money belonging to the Government, but it simply au- called an independent, and I do not wonder that be does not want any thorizes the commissioners to expend the sum of 1,000 out of the fire-works. I think every man should belong to some great party in funds belonging to the cit.y fot· that purpose. this country. 'fhe gent.leman comes here and talks to us as if he were A MEMBER. How much does the joint resolution appropriate f a free-lance. And this shows what a man becomes by joining the Mr. HARDENBERGH. This simply authorizes the commissioners free-lances. If he would turn republican be would be in favor of the of the District of Columbia to expend $1,000 out of the money in their Fourth of July, for he would not dare to go with that party before hands coming from the people of tbis District of Columbia. They the country without it. If be would turn democrat he would want foood they had no right to spend any such sum for the purpose speci- it, because patriotism would be big in his bosom, as big as it is in fied without the authority of Congress. It would be strange, in the mine. [Laughter.] centennial year, when the people are aroused everywhere tbrou~h­ Let us have the Fourth of July. Let us have fire-works. And if out the country to a sell86 of patriotism, if here, in the capital CJ ty something must be burned, let us put them where they will burn up of the Union, beneath the very dome of that nation's Capitol, not a something without doing any harm. Let us put them where they single fire-work should be -allowed to explode. It would look very will burn out this railroad track, iron and all, that crosses our park. strange, Mr. Speaker, and therefore the commissioners of this District, Let us put them where they may burn up those low buildings that having no right to appropriate the money of the people for that pur- lie away down in the neighborhood of the Tiber. And when they pose, have asked Congress to give them the power which this joint are burned out we will have a. magnificent park in the cit.y of Wash- resolution simply proposes to do. It appropriates the small sum of ington, and that park dedicated to the Fourth of July, 1876. $1,000, and I do not see why the House should hesitate. .Mr. HARDENBERGH. I see no particular occasion for the display :Mr. LAWRENCE. Let the people here raise their own money to of all this eloquence on a matter of this kind. It seems to me one of get up this Fourth-of-July celebration. the simplest propositions-ever presented here. My friend, the l$en- M.r. NEAL. Mr. Speaker, I represent the minority of the Com.m!t- tleman from New York, with all his patriotism, with all hisleg.sla- tee for the District of Columbia, which was opposed to the report. of tive tact and ability, stands here this afternoon and votes 2HO,OOO to this joint resolution. The gentleman from New Jersey has very elo- pave for this District of Colombia a street that wealth may ride over quently referred to the celebration in the nation's capital in this the and enjoy w bile he refuses to the toiling millions an amusement to cost centennial year of the one hundredth anniversary of American Inde- a thousand dollars on the centennial anniversary of American liberty. pendence, but I think it would be much more to the credit of the Mr. NEAL. Will t-h e gentleman allow me one question f people of this capital, much more to the credit of this Congress, to Mr. HARDENBERGH. Certainly. appropriate 1,000 and let it be paid t.oward the extinction of the in- Mr. NEAL. Only this morning a poor laboring-man of this city ap- debtedness of this District rather than to be wasted in fire-crackers peared before our committee, making complaint that he had been and tomfoolerv of this kind. unab1e for six years to obtain payment of a debt due him by the Dis- Mr. CHITTENDEN. It may by some be considered a very serious trict amountin~ to the little pittance of $40. Now, my question to venture to say anything against the use of fire-works on the Fourth the gentleman 1s whether it would not be better to take this thou- of July ; but, sir, this proposition reminds me that I had the honor to sand dollars and apply it to the payment of such just debts f present to the House on Saturday last a letter calling the attention of Mr. HARDENBERGH. Let the commissioners go back and com- Congress to the fact that within the last few years, since 1870, pel delinquents to pay their taxes and there will be money enough $700,000,000 of the people's property has been burned in our country. to pay these just claims. We have here the singular spectacle pre- I was myself an honored messenger to carry 100,000 to the city of sented of a municipal government in the shadow of the Capitol of Portland1 :Ma.ine, a few years ago, when it was devastated by Fourth- the United Stv.tes without power to grant a. single dollar for a cele- of-July tire-works. The bo~s, or the city authorities, very nearly bration of the Fourth of July, and when they come here and a k burned that city up in celebrating the Fourth of July. . Congress to give them th::l.t power, it is doubted whether it should be I believe, Mr. Speaker, this is a s~rious question, and that it be- granted. comes·an important question whether Congress shall appropriate or Mr. WHITE. Will the gentleman allow me to a.sk him a question f recommend the appropriation of anvbody's money for the unguarded Mr. HARDENBERGH. Certainly. burning of fire-works in such a city as this. I acknowledge and honor Mr. WHITE. Have cities as a rule the authority to vote money the patriotic spirit of the gentleman from New Jersey. I share that collected from the taxes of the people to celebrate the Fourth of July f spirit with him. I procure for my own children, and superintend my- Mr. HARD ENBERGH. Everywhere throughout the country. And self, a certain amount of fire-works on every Fowth of July. And I let me say that having had the honor to present the joint resolution would cultivate a proper disposition in respect to that day, especially which was passed so handsomely by this House for centennial cele- this yea.r. Bot it is another thing, in the present conditiOn of the brations in which the people might all harmonize·and agree, my own country, for Congress heedlessly, and without due consideration, to city is coming forward to the front and appropriating a large sum of recommend the expenditure of large or small sums of money for such money ~or that purpose; and every little village and hamlet through- a. purpose. In this particular exigency, with dangers peculiar to the out the country is giving of its means for the same purpose. centennial year confronting us,. we are requested l>y respectable and Mr. WHITE. Has it not been decided to be unconstitutional f influential men and underwriters in the metropolis of fhe country to Mr. HARDENBERGH. I am unable to answer the question of the take some steps in order that great disasters may if possible be avoided gentleman as to whether the question has been tested in the courts on that day. I have, within forty-eight hours, presented a memorial or not, but I would invite the patriotism of the people of the conntry appealing to the wisdom of Congress to direct t..he att.ention of the peo- to do it everywhere. ple of the country in some way to the danger of this growing evil, Mr. FOR'f. Of course the courts have no jurisdiction over the with such suggestions as are calculated to diminish it. I therefore Fourth of July. hope that we shall at least suggest prudence by refusing in this case [Loud cries of "Vote!" "Vote!"] to recommend this .expenditure, though it be only a thousand dollars, :Mr. BLAND. I only clesire to say, that in my country when we for fire-works at Washington on the Fourth of July. want a Fourth!of-July celebration we usually go out among the neigh- Mr. HARRISON. I must say, sir, that I am astonished that the bors, and some will supply a little money and some a quarter of mot- gentleman from New York should rise here in this House and ask us ton or of beef, and some bread, and we meet together and bave a social to abolish the Fourth of July. Sir, v. hundred years ago on the 4th Fourth of July at our own expense. I desire to move an amendment to of July our nation was born; and now the gentleman would deny the the resolution of the gentleman, if he will accept it, and it is that the boys, the coming young America, the privilege of burning fire-works Speaker appoint the honorable gentleman from New Jersey as a com- in celebration of it. He is afraid of burning up things. Why, sir, we mittee of one, and let him take the hat and go around amon~ the will have the fire-works beliween here and the Smithsonian Institu- members and the people generally, and I think we can raise money tion, in tha.t park where the railroad is which we cannot remove, enough to avoid this difficulty. 1876. CONGI~ESSIOl{AL RECORD-SENATE. 3895 .Mr. CIDTTENDEN. One word, Mr. Speaker. Thehumorandmusic LEAVE OF ABSENCE. of the captain of the Marine Band cannot make it appear to the intel- Mr. Ross, of New Jersey, waa granted leave of absence indefinitely ligent gentlemen of this House that I said.anything against the proper on account of sickness. use of fire-works on the Fourth of July. [Laughter and applause.l Mr. BROWN, of Kentucky, was granted leave of absence for ten I seriously called the attention of the House to the great fact that days on account of sickness of himself and family. within a few years seven hundred million dollars' worth of property, 1\lr. FAULKNER was granted leave of absence for twelve days. equal to about one-third of the national debt, has been burned up, and Mr. GARFIELD was granted leave of absence for ten days. that in a large measure by the careless nse of tire-works. .My plain, ac- Mr. HARDENBERGH was granted leave of absence for one week. knowledged object was to make some impression here and upon the country so that fire-works, wherever authorized and indulged in on the WITHDRAWAL OF PAPERS. Fourth of July next, shall be guarded with more than the usual care; On motion of Mr. O'NEILL, by unanimous consent, leave was that the boys, when they go forth in the morning, shall be warneti by granted for tho withdrawal from the files of the House of the papers their fathers or guardians to be careful, and that the city authorities, in the case of Henry Frank. wherever they are in nse, shall enforce stern police measures to avoid The result of the vote on the motion to a-djourn was then announced; great disa~ters. It mq.y save us immense loss; and, unimportant as and accordingly (at four o'clock and fifty-five minutes p.m.) the House this discussion is, if it gets into the newspapers, however unimportant it adjourned. may now appear to us, the accidental introduction of the subject dur- ing this half hour may save the country $100,000,000. I am in favor PETITIONS, ETC. of fire-works, but I say let every man furnish his own, [laughter,] The following memorials, petitions, and other papers were presented and if the city of Washington or the government of the city has not at the Clerk's desk under the rule, and referred as stated: $1,000 at its disposal for such purpose I would carry round the hat By Mr. HARRIS, of Virginia: The petition of G. E. Vv. Sbarretts, and let the people here subscribe rather than that any careless action of Washington, District of Columbia, for compensation for labor done on the part of this House shall seem to furnish any apology whatever in preparing Government salary tables, to the Committee of Claims. for an indiscriminate and heedless use of these dangerous combust- By Mr. JONES, of Kentucky: The petition of Dr. William H. Cur- ibles, of which all of ns are always more or less afraid, on the glo- ran for compensation for services rendered as assistant surgeon of rious Fourth. [Laughter.] the Twentieth Kentucky Regiment of Volunteers prior to date of his The SPEA.KER pro tempore. Does the gentleman from :Missouri in- muster into service as assistant surgeon, to the Committee on Mili- sist on his amendment 7 tary Affairs. Mr. HARDENBERGH. I hope the gentleman will not try to make By Mr. WALSH: The petition of Elizabet.h Barrett, widow of Sam- nonsense out of the resolution. If be does not wish to vote for it be uel C. Barrett, deceased, a private in Capt.ain Heeter's company of can vote aga.inst it. the Forty-fourth Regiment of Maryland Militia in the war of 1812, .Mr. BLAND. I will withdraw the amendment. for a pension, to the Committee on Revolutionary Pensions. Thl3 question was on the engrossment and third reading of the joint By Mr. WOOD, of New York: The petition of John Monte, for an resolution; and on a division there were-ayes 56, noes 85; no quo- increase of pension, to the Committee on Invalid Pensions. rum voting. Mr. HARDENBERGH. I call for tellers. The SPEA.KER pro tempore. No quorum having voted, the Chair will order tellers, and ~ppoints Mr. HARDENBERGH and Mr. HOLMAN to act as tellers. Mr. HOLMA.N. We are both on the same side. [Laughter.] IN SENATE. Mr. HA.RDENBERGH. I wish it understood that the gentleman TUESDAY, June 20, 1876. from lndiann. is with me. The SPEA.KER pro tentpore. Then the Chair appoints Mr. BLAND Prayer by Rev. P. H. BURGHENETT, of Washington, District of as teller in place of .Mr. HOLMAN. Columbia. - • The House again divided; and the tellers reported-ayes 62, noes The Journal of yesterday's proceedings was read and approved. 56· no quorum voting. EXECUTIVE COIDIUNICATION. iir. COCHRA.NE. I move that the House do now adjourn. The question was put ; and on a division there were-ayes 102, The PRESIDENT pro tempo1·e laid before the Senate a communica- noes 62. tion from the Secretary of War, tr:msmitting a report and maps of ACCOUNTS OF CONSULAR OFFICERS. the last inspection made by Major Cyrus B. Comstock, Corps of En- gineers United States Army, of the Sout.h Pass improvement of the The SPEAKER pro tempo1·e. Before announcing the result of the Mississippi River; which was referred to the Committee on Com- vote on adjournment, the Chair desires to lay before the House some merce and ordered to be printed. executive communications and some requests for leave of absence. 'fhe SPEA.KER p~·o tempore, then by unanimous consent, laid before TREASURY ACCOUNTS. the House a letter from the Secretary of the Treasury, in response to a The PRESIDENT p1·o ternpore laid before the Senate the following House communication of January 19, 1876, relative t.o the amounts communication; which was read: now due the United States from consular officers of the United States; TUEA.SURY DEPARTMENT, Wa.8hington, D. 0., June 19, 1876. which was referred to the Committee of Ways and Means. Srn: I have the honor t{) acknowledge the receipt of Senate resolution of Feb. 11\IPROVEMENT OF SOUTH PASS, MISSISSIPPI RIVER. rnary 9, 1876, calling for a statement of all balances due~ the Uniwl. States fro~ public officers, and all such balances d\le from other parties no longer m the publiC' The SPEA.KER pro tempore also, by unanimous consent, laid before Stlrvice, diRtinguishing those whose accounts with the United States have been the Honse a letter from the Secretary of War, transmitting a. report finally passed upon and adjudicated and those whose accounts are yet unsettled on the inspection and improvement of the South Pas~, Mississippi and subject to additional credits, stating the nature of such accounts and the credits in question; the statement to embraee the accounts of all such officers or parties in River; which was referred to the Committee on Commerce. which such balances have respectively accrued since the 1st day of January. 18301 and to set forth respectively and as near as practic.:'l.ble the period over which the JURISDICTION OF THE COURT OF CLAIMS OF THE UNITED STATES. accounts extended and the amounts involved therein . . Mr. DOBBINS, by unanimous consent, introduceu a bill (H. R. No. .Also to furnish a detailed statement of the stocks held by the United States in 3743) exteuding the jurisdiction of the Court of Claims of the United trust or to secure moneys paid, the character of such stocks, under what law or by what authority, and at what time the same were acquired, and on what amount States, and for other purposes; which was read a first and seco.nd thereof, if any, has there been a default in the payment of interest due thereon. time, referred to the Committee on Patents, and ordered to be printed. In reply I have to transmit herewith the statement of balances called for, also a recapitulation showing the amount of such losses, also the amount of the receipts JOHN H. LONG. and disbursements of the Government for the same period and the ratio of losses Mr. BAKER, of Indiana, by unanimous consent, introduced a bill per $1,000 to the ap:~gate received and disbursed, arranged as nearly as practica.. ble in periods of four years each; also a statement showing, as far as known to (H. R. No. 3744) for the relief of John H. Long; which was read a this Department, the stocks held by the United States in trustor to secure moneys first and second time, referred to the Committee of Claims, and ordered paid; as called for by the terms. of the resolution. to be printed. Very respectfully, B. H. BRISTOW, Secretary. COMMITI'EE OF CONFERENCE APPOINTED. Hon. T. W. FERRY, The SPEA.KER pt·o tempm·e announced aa the committee of con- President pro. tempore United States Senate. ference on the part of the House on the disagreeing votes of the two 'fhe PRESIDENT pra tempore. The communication will lie upon Houses on the amendments of the Senate to the post-office appro- the table and be printed, if there be no objection. priation bill Mr. HoLMAN, Mr. BLOUNT, and Mr. WALDRON. Mr. SHERMAN. In regard to the printing of the document I should like to have that question referred to the Committee on Printing. I REPAVING OF PENNSYLVANIA AVENUE. will say that my attention waa called to the docum8nt itself by an Mr. BUCKNER, by unanimous consent, from the Committee for the officer of the Government in the Treasury Department. It covers District of Columbia reported ba~k the bill (S. No. 680) authorizing several volumes, most of them matters of no possible moment, which the r epavement of Pennsylvania avenue, and moved that the com- can be of no interest to any mortal man, woman, or child. I think mittee be discharged from its further consideration, and that the it would be great injustice to thousands of worthy men to print this same be laid on the table. document. It seems to me the motion to print ought to be referred The motion was agreed to. to some committee to select whatever anybody may properly des!re 3896 CONGRESSIONAL RECORD-SENATE. : JUNE 20, to have published. It contains the name of every officer of the Gov- are; and if they are so numerous as to make it almost impossible to ernment from 1830 to this time, and the state of his account. I may print the list without a large expense, I think the sooner the country as well confess that I think the resolution originally was intended and the Senate know it the ·better. for political effect, because I ca,nnot imagine for what else it could Mr. SARGENT. As it strikes me, by going back anterior to 1865 h:lve been intended. But some Sena,tor will be disappointed in the the accounts of the defaulters are so numerous as to swell the volume result-s of the figures as given, and I think they would derive no beyond the propriety of printing. comfort from their publication. At the same time I would be per- Mr. SHERMAN. I will say but a word more. fectly willing to allow a.ny committee of this body to look at the doc- The PRESIDENT pro tempore. Does the Senator from West Vir- ument and say what parts of it should be published and what parts ginia yield to the Senator from Ohio t should not; but the fact is that the whole document itself is so volu- Mr. DAVIS. I yield with pleasure, for I want light. minous that no one should desire to have it published. Mr. SHERMAN. It is true t,h at the Senator from West Virginia :Mr. EDMUNDS. What 'is itt did only call for a list of the defaulters since 1865; and therefore I .Mr. SHERMAN. It gives the accounts of every officer of the Gov- said, without referring to him, that the plain and obvious purpose ernment from 1830 to this time. I notice many cases of this class : was a, political purpose, to show that since the war republican office- During the Indian wars, and during our recent civil war, a soldier holders had been guilty of defalcation. As a matter of com'Be, meet- ma,y have been killed in battle who was charged with a lot of mUB- ing it in that way, you would naturally say, "Well, it may be so; kets, and against his account they all stand in the balance_charged to republican officers have been guilty of defalcation; but, if so, let us him, while it was stated that he was killed in battle, &c. Consuls compare republican officers With democratic officers;" and therefore have died abroad and it has been impossible to settle their accounts, it was that a common sentiment of fairness induced the Senate to go and yet balances are charged at the TrPasury Depa,_rtment against back to 1830, which was the la-st time when these statements were the consul. Honorable men, men of the highest rank in the public made up. That, it is true, involved a great deal of work. service, men of the greatest distinction in this country, have little Mr. DAVIS. I know my friend will allow me to correct him. balances charged against them, and they would now be published in Mr. SHERMAN. Certainly. the list of defaulters. There may have been nothing due from them, Mr. DAVIS. My recollection is (and I am about as positive in it but if there were some little discrepancy in their accounts they are as a man can be without having the record before him) that in 1857 still unbalanced. Such a list would injure greatly the reputation of a thorough report was made of the name of every defaulter; and honorable officers in the civil, military, and naval service, if pub- that for two or three administrations there was reported to Congress lished, although they are little ma,tters, sometimes amounting to but a detailed Mtatement of every man in default from the foundation of a few dollars. the Government to that day. However, I merely call attention to the fact, and move that the Mr. SHERMAN. The papers on file will show that the statement motion to print be referred to the Committee on Printing, with a referred to waa made up to 1830. The Secretary of the Treasury in the view to designate how much of the document ought to be published. letter read says he has commenced from the +ime the last report was Mr. DAVIS. I had not an opportunity of hearing the communica- made in 1830. There may have been some general statements made tion from the Se~retary of the Treasury read. I came in just as the in the mean time, but nothing like the detail here.· These papers reading was being finished. Therefore I do not know its full con- were shown to me. As a matter of course, \he Secretary of the Trooa- tents; but I infer from the remarks of the Senator from Ohio, the ury felt bound to go back and do this work. Here (exhibiting) are chairman of the Finance Committee, that it is in answer probably to some of the tables sent here-great, long tables. There are general a resolution which I offered calling for the names and amounts due results from t.bese tables that are shown also in the tabular state- by different parties to the Government. My recollection is that I ments that accompany the letter of the Secretary of the Treasury. I as.\red for a list of the defaulters since 1865, after the close of the war, have no objection to printing this document except on account of but tha,t the Committee on Finance went back a number of years, I the great cost that will be involved and the unfairness and injus- do not know how far, and wanted all the a.ccounts stated, so that it tice that will be done to innocent people now in their graves. should be fully known how many defaulters there were and for wha-t Mr. President, these tables show that most of the persons named as amounts as well previous to 1865 as since that time. It will be well defaultin~ officers were men in the military, naval, and civil service recollected by the Senate that probably for three or four sessions I of the Umted States, who are now dead. The names of their sureties have offered a resolution a-sking for a list of the defaulters to the Gov- are given here, many of whom are dead; the amounts range from 1 ernment since 1865. That resolution was often, and almost at each up to $100,000. Scandals without number all over this broad country session I believe, denied; either voted down or such amendments of ours will be published to the world without any good whatever if added to it as made it almost impossible to answer it. When the last we print this document ; and yet I feel bound to say that, by the resolution passed Lhe Senate I did hope that there would come an an- general results it is shown that during the period for which the swer and that we should be furnished with the large number of de- Senator from West Virginia called for information, the amount of de- faulters since 1865, some of them for immense amounts, in individual falcation and loss is less than one-tenth, in proportion to the amount cases I believe amounting to a million dollars. I did hope that there expended, th.a n the amount before 1860, when somebody else was I'e- would be snob an answer as should be intelligent and short and to sponsible for the Government. I do not think it is necessary to print the point. But the Finance Committee saw proper to amend the res- more than the tables that accompany the Secretary's let~r; but if it olution. I presume they had very good reasons for their action, for is, here are all1he details. I think it would be a scandal to the Sen- the names of the defaulters to the Government are legion, I believe, ate of the United States to publish these documents, which contain and the amounts are hundreds of millions, perhaps. 'fhe Finance the names of the highest officers of the Government, who believe that Committee, through its cha,irman, said it would take very little work their accounts are settled. to go back a number of years; I forget the exact number of years- Mr. DAVIS. If, a-s the Senator says, previous to 1860, the names perhaps thirty years or more. I then said t.o the chairman, and per- of defaulters are much more frequent and the amounts larger than haps to the Seuate, that I did not want to delay the information. I since, let that fact go to the country; let us know it. The Senator do not recollect exactly what occurred or whether it was in the Sen- says that there are a number of people who are ~deb ted to the Govern- ate or privately; but certainly something took place between us to ment, and that it will be a scandal to Jet the country know that they the effect that I did not want to delay the information. Therefore I do owe the Government. I differ with him very widely indeed on agreed at once to the request of the committee that the call should go that point. The resolution as amended by the Finance Committee back a number of years. It now turns out that the result of going was formed in such a way as especially to avoid any accounts in back a number of years has been to bring such an amount of names which there were apparent discrepancies, and the Secretary was di- and of accounts here that it would be wrong to print the document. rected to say, according to my recollection, where there was an account Mr. Presiden"ti I believe the country ought to know who has defaulted. stated, what its condition was, not simply to state that a man ap- Mr. MORTuN. Do I understand the Senator to say that he only peared to owe the Government so and so, but to state the condition asked for the names of those who have defaulted since 1865f of the account; to show the reasons why the indebtedness existed. Mr. DAVI~. Those in default to the Government since 1865. That It has been, I think, about twenty years since a list of the de- was my resolution, according t.o my recollection. I will say to tho faulters of this Government has been published. That is my recol- Senator from Indiana that I made three or fonr attempts to have such lection. a resolution passed, and each time it was voted down or sent to some Mr. SHERMAN. Over thirty. committee or denied from some cause or other. In one insta,nce Mr. DAVIS. Let it be thirty. So much the worse if it is thirty. especially it was amended, I believe, by the Senator from Louisiana We ought to have it now. Previous to that time we bad frequent [Mr. WEST] so as to go back to such an extent as to make an answer reports, yearly reports. Bear in mind, Senators, that there is now a almost impossible. law on the statute-book which requires the Secretary of the Treasury Mr. SARGENT. I should like to ask my friend if it is not as inter- or the Comptroller of the Treasury every year to report who is in- esting to have the names of those defaulting in 11;55, 1&,6, 1857, 1858, debted to the Government, and I say that . each and every year this and 1859 as well as in the last few years t list has failed of being published. If it bas been for thirty years, Mr. DAVIS. I will answer my friend from California that prob- then for thirty years has the law been disobeyed. It is well-known ably the volume now sent here contains those years, but objection is to all Senators who have taken the trouble to look into the matter ma.de to printing it. It is said a motion to print should be sent to that there is now on the statute-book and has been ever since the the Committee on Printing, or some other committee, to examine the foundation of the Government or soon after, a law which requires document. I have no objection to going back to the days of the each and every year a list of the defaulters to be published, and if it foundation of the Government. We want to know who the defaulters has been omitted for thirty years, there has been for thirty years a 1876. CONGRESSIONAL RECORD-SENATE. 3897 violation of the stat utes of the United States. It ought to have been The CHIEF CLERK. The communication is: published long ago. I have the honor to acknowledge the r eceipt of Senate resolution of February 9, I do not wiMh at present to say anything more about this list, for I 1876, calling for a statement of " all balances due to the United States from publio have not seen it; bot if it is large, we ought to know it, and, aa I officers, and ~11 such balances due from other parties no longer in the public serv- ice, distinguishing those whose accounts with the Unitoo States have been finally have said, there is now a statute which requires it, and that statute passed upon and ~judicated, and those whose accounta are yet unsettled and sub- for thirty years, as the Senator from Ohio puts it-but I think it is ject to additional credits." . about twenty years-has been disregarded. It is time now tha.t it should be obeyed. Mr. EDMUNDS. What I wanted was the original vote of the Sen- This information has now come from the Secretary of the Treaaury. ate on the resolution to show how it stood aml what amendment was I want nothing that is improper; and I have no objection t.o its ~oing mado to it, so as to find out exactly how we have got so much of t.his to a committee, and if there is anything improper, they can strike it information; but I will not detain the Senate about it at this mo- out or refuse to order it. to be print~d. But I certainly want the ment. name of everyman who is indebted to the Government; and the Sec- Mr. DAVIS. There is no difference of opinion on thatt I will say retary of tho Treasury under thl' resolution no doubt has stated the to the Senator from Vermont. The Senator from Ohio and myself cause, has given the reasons, where there are unsettled l'ccounts. agree that the original resdlntion asked for the list since 1865. It wa-s Certainly he shoulcl have done so. I have no objection to tho docu- amended by the Committee on Finance so as to go back for thirty y~ars, I believe. ment going to a commit;tee, but I think it ought to be published, and I shall insist on Hs being published. At the proper time, if it does The PRESIDENT pro tempore. Is there objection to referring the not come from the committee, I shall ask the committee what bas communication to the Committee on Printing t The Chair hears no become of it. objection, and it is so referred. Mr. SHERMAN. In order to sbow the Senate the injustice of pub- Mr. DAVIS. Before that is disposed of, I will say that I have no lishing these statements, I have opened these accounts corsoriJy, and objection to its going there with the understanding that it will be I find on a page which I have opened without reference to who tho reported at an early day, and with the statementon my part thatthe person is-I do not read the name-that a certain person, a captain, resolution bas been voted down here several times by the Senate and Nineteenth Infantry, was overpaid in 1862$388.06, and he is reported referred to different committees, and the information declined each as ''killed." Consequently t.bere was an officer who bad ~en over- year until this session, and now it comes in a form that its printing paid, who was killed in battle and was not able to settle his account. is objected to. I want to make that statement and let it go. Do you want to publish his name and wound the feelings of his wife The PRESIDENT pro tempMe. The communication will be referred and children f Here are on this same page men without number to the Committee on Printing. who are charged as officers, first and second lieutenant-s, captaine, and HOUSE BILLS REFERRED. majors, with guns and eqmpments, and they were killed or died in hos- The following bills, received from the House of Representatives, pital, so that their accounts are not settled. No one ]>retends that were severally read twice bytheir titles and referred to the Commit- the money can be collected from them, and no doubt tho guns were tee on Finance: either lost in battle or handed over. Is it desirable to publish the A bill (H. R. No. 3486) for the relief of James F. Buckner; and names of all these men; to holther they have ever received one six- carpenter, farmer, and physician, per fourteenth article of same treaty, $4,2il0. pence, and I believe ft is pretty well understood over the country that The amendment was agreed to. bithertotheyhavenotreceived anything; that the agents employed by The next amendment was in the appropriation for the ~Iakah , in the Government have absolutely pocketed nearly all the money that lines 586 and 587, after the word "physician," to strike out the wonls bas been appropriated in that way. The Secretary of the Interior "who shall furnish medicine for the sick;" so aa to make the clause possibly cannot help it ; he is not in a condition to watch these agents read: and see what they do with the money appropriated out of the public For !'leventcenth of twenty installments, for the employment of a blacksmith, 'l'reasury. He does perhaps the best that he can under the circum- carpenter, farmer, and physician, per same article and treaty, $4,000. stances ; but I am not sure that the late Secretary of the Interior or The amendment was agreed to. Commissioner of Indian Affairs did even that. The supposition is I The next amendment was in line 646, in the appropriation for the believe pretty general that they did not do their duty in that respect. mixed Shoshones, Ba,nnacks, and Sheepeaters, to increase the amount We may expect better things now. But I think that when money is ''to be expendeu in such goods, provisions, aml other articles ns t.he a.ppropriated by the hundreds of thousands of dollars for the purpose President may from time to time determine, in instructing iLl agricult- of aiding Indians roaming over the plains in the western country ural and mechanical pursuits, in p:rov.iding employes, edncatin~ chil- some steps ought to be taken first to collect those Indians and get them dren, procuring medicine and medical attendance, care for ana snp- • on reservations. Whenever you have got them where you can count port of the aged, sick, and infirm, for the helpless orphans of said them and where provisions can be issued to them all(l checks held Indians, and in any other respect to promote their civilization, com- upon the agents of the Government, it may be time then to consider fort, and improvement," from 15,000 to $'20,000. whether the Government will appropriate money for their support. The amendment was agreed to. A13 it is now, I hope the Senate will not consent to such a waste of The next amendment was to strike out the follo,ving proviso in public money. I hope the amendment will be non-concurred in. lines 723 to 72G, at tho close of the appropriations for the northern .Mr. WINDOM. A word or two, Mr. President. If we are to refuse Cheyennes and Arapahoes: to appropriate for the Indian service because it is not always honestly Promded, That said northern Cheyennes and Arapahoes shall remove to thE'ir conducted, I regret that the Senator from Texas has chosen these par- reservation in the Indian Territory before the delivery of the supplies appropri- ticular Indians for the purpose of enforcing that rule. The'Urow In- ati)d for by the foregoing clauses. dians have been friendly for many years. They have st.ood as a wall The amendment wa-M agreed to. of protection between the hostile Sioux and' the whites. We are nn- The next amendment was to insert at the close of the appropria- del' treaty stipulations with them to furnish them this amount of tions for the Osages the following proviso, to be lines 762 to 77G: money, and it seems to me it would be in bad f:1ith on the part of tho Pro1Jided, That authority is hereby given fortheuseof $200,000of the fnmlsof the Government to fail to do it. The treaty provides that for Indians Great and Little Osage tribo of Indians, now in the 'l'rcasnry of the Uniterl States, to bo expended, under tho direction of the Secretary of the Interior, in the erec- roaming '"e shall furnish $10 per head, and these are all Indians of tion of buildin~. opening farms. fencin~. digging wells, support of schools, pur- that character. It is not professed that they are engaged in agricult- ~base of agricultural implements, farm stock, seeds, fruit-trees, necessary houRe· ure. Very many of them are engaged as scouts in assisting us, and hold articles, merchandise, and subsistence supplies. and in the employment of the have rendered very great service to the Government. I hope the necessary labor to carry out the objects herein specified : Providea lurtlter, That Indian labor shall be preferred aml be employed in all cases, .except where skilled amendment may be adopted. labor shall be foand necessary : Provided further, That if deemed proper by the Mr. DAVIS. Is this provision confined to the Crows f Secretary of the Interior, a sum not exceedmg $50,000 of the above amount may be Mr. WINDOM. This provision is confined to the Crows-friendly expended as a per capita payment t{) the Osages. Indians. Mr. COCKRELL. AB this amendment affects the question of trans- The question being put on the amendment, the ayes were 7. fer, I .would ask the Senator from Minnesota if it had not better be Mr. WINDOM. I ask for the yeas and nays. reserved and voted upon with the other amendment f The yeas and nays were ordered. Mr. WINDOlf. This amendment does not, I think, affect the ques- .Mr. WINDOM. I am quite certain that the Senate does not under- tion of transfer. . stand this provision. Last year we appropriated for the River Crows Mr. COCKRELL. It places this matter under the charge of the and the Crow Nation proper $165,000. This year by the House bill Secretary of the Interior; and if the Bm·eau should be transferred, I $100,000 only is appropriated. We have added from the Senate com- suppose it would be placed under the charge of the Secretary of War. mittee $30,000 in compliance with a treaty; and it does seem to me Mr. WINDOM. I ha-ve no special objection to reserving it. 'Ve that it is very hard upon these friendly Indians, one hundred and could change that word, however. I think we had better refer to it fifty of whom, 1 am informed, are to-day marching with our troops again and change that word in cm;e the Senate should agree to trans- to suppress the hostile Sioux, that we should decline to comply with fer the Department. The Senator from Iowa, [Mr. ALLISON,] the what is understood by them and us to be an obligation on our part. chairman of the Committee on Indian Affairs, will make any expla- Mr. PADDOCK. I should like to inquire of my friend from ?tfin- nation of the amendment necessary, if any is desired. We can refer to nesota if any one or more of these Indians should cease to roam at this again in case the action of the Senate should agree to the transfer. any time, what would be his or their condition in reference .to sub- Mr. HAMILTON. I would ask the Senator in charge of the uill sistence f Is there other provision for those who do not roam; or is whether he thinks it is a proper thing to do to fritter away the little this only au encouragement to roam f patrimony of this tribe of Indians now in the Treasury of the United Mr. WINDOM. The provision of the treaty is: for Indians roam- States at interest. It is so small, $200,000, that if it is to be expended ing, $10 per head ; for those engaged in agriculture, $20 per head. in this way it will hardly be felt at all. It is true, if properly ex- But as they are all, or nearly all, roaming, we have given them the pended, it would amount to something; but if it is followed.every round sum provided for by the treaty. I will read it: year by a similar appropriation, very soon they will have nothing in And, in addition to the clothing herein nl\med, the sum of 810 shall be annually the Treasury at all. If the interest t.hat accrues upon this fund every appropriated for each Indian roaming, and $20 for each Indian engag_ed in agricult,. year is expended properly, those Indians may be after a while civil- ure, for a period of ten years, to be used by the Secretary of tlie mterior in the ized by the use of this fund alone. Of course an appropriation of purchase of such articles as, from time to time, tho condition and necessities of the $200,000 a year would soon squander it, considering the want of suc- Indians may indicate to be proper. cess we have had in the management of these things for the last eight Now, sir, why should we select these friendly Indians, who have years. With aU the exertions of the Administration, and with all the furnished soldiers to aid the United States, who llave maintained the support that has been given to its policy by the Congress of the United peace with us, who are really the best of tbe uncivilized Indians, States, very little progress has been made. I do not think that any- when we propose to and will be compelled to appropriate for those body, either in the Senate or out of it, has been more friendly to the not so friendly, but merely because we have to do it to keep the peace f policy chalked out by the present Administration for the management Mr. President, I think the Senate will not vote down this proposi- of the Indians than I have been. I have supported it all ti.Je way tion. I am sure it would he an act of injustice to do so. through since I have been here, and I should like to support it as long The question being taken by yeas and nays, resulted-yeas 23, nays as I remain in the Senate; but if there is not some improvement made 15; as follows: in the management of Indian affairs, nobody wi1l be able to support YEAS-Messrs. Allison, Cbristiancy, Conkling, Conover, Cooper, Dawes, Ed- the policy a great while longer, I think. This fact has caused the munds, FetTy. Frelinghuysen, Howe. Kernan, Logan. Mitchell, Morrill of Maine Morton, Oglesby, Pattert.on, Sherman, Stevenson, West, Windom, Withers, and country pretty generally to insist upon a change fiom the Interior Wri gbt-~3. Department to the War Department, so that the control of these NAYS-Messrs. .Alcorn, Bogy, Cockrell, Hamilton, ffitchcock, Ingall>"~, Johnston, matters may be placed in the hands of officers of the Army of the Key, McCreery, Maxcy, Norwood, Paddock, Roberkon, Wallace, and Whyte-15. United States. I think it woultl be unwise to make the transfer, and I ARSENT-Messrs . .Anthony, Barnum . Bayard, Booth, .Boutwell, Bruce, "Burnside, Cameron of Penn ylvania., Cameron of Wisconsin, Ca(lertnn, Clayton, Cragin, Davis, therefore move to non-concur in this amendment making an expendi- Dennil!, Dorsey, Eaton, Goldthwaite, Gordon, Hamlin, :aarvey, Jones of Florida, ture of 200,000. 1876. CONGRESSIONAL RECORD-SENATE. 3901 The PRESIDENT pro tem.pore. The question is on concurrence in the before the Committee on Indian Affairs shows very plainly that the committee's amendment. The Senatol' can reach his object by voting largest port.ion of this money was misspent. The largest portion of against the amendment of the committee. it, I have no doubt, was directly robbed and did not go to the benefit Mr. ALLISON. I desire to say only one word with reference to of the Indians. It iR the loosest report, the loosest account, and the this amendment on page 32. These Osag('s are the wealthiest tribe most unsatisfactory, which could be imagined. I would be p~rfectly of Indians in the United States. They have, or will have within a willing to ~rivo to all tllese Indians, the Osages as well as the other very few years, a sum approaching nearly ~10,000,000. . Indians, a fair proportion of the money arising from the sale of their Mr. HAMILTON. The interest on that, if the Senator Will allow lands to promote them in the pursuit of agriculture, to civilize them, me, will suffice for them. to educate them, to benefit them in any way; but the manner in Mr. ALLISON. Undoubtedly. They have recently removed from which it has been done heretofore has resulted only in enriching the the State of Kansas to the Indian Territory. During the years 1874 agents who are among these Indians, and the Indians ·have derived and 187!l they have received 200,000 for tho purpose of building no benefit from tlle money at all, or very little. houses and improving farms, &c., at their new homes, and a great I opposed this amendment before the Committee on Indian Affairs number of them are now living in houses. because I was not satisfied that the money heretofore had been well I am not prepared to disagree with the Senator from Texas as to spent, but, on the contrary, I was well satisfied it had been misspent. the way in which a portion of t.his money has been expended hitherto, The committee made no effort to satisfy me that I was wrong, and I but a portion of these Indians now living in houses, the remainder of feel it my duty now to oppose this appropriation. them desire also to have homes and houses and improved farms. The Mr. ALLISON. If the Senator will tum to page 169 of the last re- Secretary of the Inteiior and the Commissioner of Indian Affairs r~c­ port of the Commissioner of Indian Affairs, be will see the amount ommend that this sum be devoted to that purpose; and if it is hon- there placed to the credit of the 0 ages, $721,000. estly and carefully expended, I have no doubt that this is the proper Mr. BOGY. Yes, sir; I am familiar with thnt already. That states thing to do. If we have not faith that the Secretary of the Interior that there is a certain amount of money due to the Indians which will see that this money is properly expended, then we ought not to ap- amounts to some 1,600,000; but I said there are many hundred thou- propriate it. If we have faith that he will do so, I think it is a proper sand dollars due these Indians, and this report does not show it. I disposition of the large fund which these OtSage Indians are entitled to give in ro~nd numbers tlle sum which is due to these Inclians for :receive. It takes money out of the Treasury, of course; but it is a what was called their diminished reserve by treaty made with them part of their own fund, which now amounts, I believe, to about eight many years ago. It is $1/*34,000. They retained ll. large portion of - or nine hundred thousand dollars in the Treasury, and it certainly t.heir reserves which, since that time, has been sold under a law I would be better for these Indians to receive this sum of 200,000 now believe perhaps introduced by my fliend from Maine, [Mr. MoR- than to receive a IIMlCh larger sum at some future time, providing, of RILL,] which authorized us to sell Indian lauds in Kansas and place course, that it is faithfully expended. I believe it will IJe expended the proceeds to their credit. The amount of lands thus undertaken right. The committee believe it will be, and have recommended the to be sold amounted to millions of acres, but nowhere can we fill(l appropriation. · the evidence of that fact. Even· this item of $1,584,000 is in this book .Mr. KERNAN. I should like to know whether the Indians them- as a mere memorandum. Why is it not carried regn lady there f It selves ask that this sum of their own money shall be expended in is a mere memorandum, an addendum at the foot of the book. this wayf The PRESIDING OFFICER, (Mr. WRIGHT in the chair.) The Mr. ALLISON. They do, and urge it very strongly. They urged question is on the amendment of the Committee on Appropriations it in their council. I have sent for the printed document which covers after line 761. this case. The amendment was agreed to. Mr. KERNAN. I remember that 8ome time ago I learned from some The next amendment of the Committee on Appropriations was in person who professed to have a.n interest in the Indians in that coun- the appropriation for the Qui-nai-elts and Quil-leh-utes, in line 886, try, who was going to the Secretary of the Interior, that before they after the word "physician," to strike out the words'' who shall fur- were removed they had churches and schools. I believe that is cor- nish medicine for the sick." rect, is it not f Mr. KERNAN. I should like to inquire of the Senator in charge Mr. ALLISON. Yes, sir. of the bill why those words are to be stricken out Y Does not the Mr. KERNAN. Their ag-ent was here, and asked me to go with physician furnish the medicine; or is some one else to do it? him to the Department. He complained that while they di~ support Mr. WINDOM. I will answer the Senator from New York that it their own institutions, and w bile the treaty provided that they has been the practice for the.physician to furnish the medicine, but should have their own clergymen and teachers as they desired, they the Indians have complained that when the physicians furnished •were deprived of that privilege; that while their own money sup- medicine out of their own salary it was of an inferior quality, and it ported them they were compelled to·have others dictate what class is proposed by the Department to furnish it out of 'their contingent of schools they should have, as well as what teachers ancl what class fund instead. of persons should instruct them religiously. Of course, if they ask The amenclment was agreecl to. for this expenditure of their own money-they having becomo Home- The next amendment was in the appropriations for "Sioux of dif... what civilized-! shall not object to it; but 1 think we should carry ferent tribes, including Santee Sioux, State of Nebraska," in lines 1087 out the treaty, and permit them, themselves, to have, so far as they and 1088, after the word '' Secretary," to strike out the words "having indicate, the teachers, both secular and religious, that they prefer, jurisdiction of Indian affairs" and insert" of the Interior;" in line taking those to suit the various views of the various parts of their 1089, after the word "agriculture," to strike out the words "one hun- tribe. My friend sa.ys they ask for this appropriation, and if they dred and fifty thousand" and to insert ''four hundred and thirty-four do, I have nothing to say in opposition to the amendment. thousand eight hundred';" and after "dollars," in line 1091, ro strike Mr. ALLISON. Here is a petition of the Osages addressed to the out "Provideil, That none of said sum shall be paid to said Indians House of Representatives-a printed document, Miscellaneous Docu- until they shall cease therr hostilities against the white people;" so. ment No. 112. The Osages state at some length the reason why they that the paragraph will read: desire this appropriation to be made out of this fund. For seventh of thirty in~tallments, t() purchase such articles as may be consid- . Mr. KERNAN. Is it signed! ered proper by the ~ecretary of the Interior, Ior Indians roaming and for Indians Mr. ALLISON. It is signed by at least forty members of the tribe. engaged in agriculture, $4J4,800. Mr. BOGY. The Osage Indians are really en tit led to some $6,000,000 llr. WINDOM. Before taking the vote on this amendment, I am or $8,000,000. I have been looking through the report to find the instructed by the committee to modify the amendment by striking evidence of the fact which I state. I cannot find it in this report; out in line 1090 the word "thirty-four" and inserting :'nineteen;" so but the fact is as I state. By the treaty made wit.h them a good as to make the sum $419,800. many years ago they obtained the sum of $1,600,000 for a poi'tion ·of . The amendment to the amendment was agreed to. their reserve. By a treaty made subsequently, the remainder of their The PRESIDING OFFICER. The question recurs on the amend- land was to be sold by the United States, and the net proceeds car- ment of the committee as amended. ried to their credit. That would yield an amount of money from Mr. KELLY. I should like to hea.r the Senator state the reason perhaps $5,000,000 to 6,000,000; and yet our Indian affairs are so why he desires the proviso to be stricken out. badly administered t.hat I can find no evidence of this fact anywhere. Mr. WINDOM. We have made a general provision for all the sums We are mtlled upon to make an appropriation of $200,000 out of the appropriated at another point, in the amendment following on page Indian fund, when, as fur as we know, there is no evidence that there 46. The same proviso is substantially in the amendment on the next is any such sum due these Indians. We know as an outside fact that page. this or a much larger sum is due to them; but if ther0 is evidence of The amendment, aa amended, was agreed to. it, I should like to have the fact pointed out by some persons who are The next amendment of the Committee on Appropriations wag in more familiar with iL than I am. I have not been able to find it yet. line 1094, after the word "amount," 1!o strike out the words "to be If it be true that this large sum of money is due to these Indians, it expended in the purchase of beef, flour, bacon, sugar, and co1l'ee in should draw intP.rest, and 5 per cent. upon $5,000,000 or 6,000,000 proportionate quantities for 35,000 persons;" in line 1096, after the would be more thun enough for this purpose without any appropria- word "subsistence," to strike out ''of" and insert "including;" so as tion. There is something lacking, something wrong, some looseness to make tlie clause read : in this thing S<_lmcwhere. Again, the same sum of $200,000 was paid to them last year for the For this amount for subsistence, including the Ya}lkton Sioux and Poncas, and same purpose-to promot.e agriculture and to facilitate them in t.beir for purposes of their civilization, 11,000,000. agricultural pursuits. The report which was made and which went The amendment was agreed to. 3902 ~ CONGRESSIONAL RECORD-SENATE. JUNE 20, The next amendment was in line 1098, aft.er the word" that" to The PRESIDING OFFICER. The question is on the amendment strike out tho words "no porLion of the appropriation hereby made to strike out the proviso to the appropriations for the "Sioux at Fort for feeding the Sioux Indians, parties to the treaty of April29, 1868, Peck Ageney, the A.ssinaboines, and the Gros Ventres," in the follow- shall be available or be used for that purpose unless the said Indians ing words, from line 1326 to line 1329: shall first agree to relinqllish all right and claim to any cotmtry out- Provided, That all and eaoh of said Indian~ shall share alike pe-r capita of the side th~ boundaries of the permanent reservation established by the goods, provisions, aud other articles herewith furnished. said treaty for said Iudians;" and to insert in lieu thereof the words: The amendment was agreed to. None of said sums appropriatecl for said Sioux Indians shall be paid to anyn;be 'l'he next amendment was in line 1347, after the words "Secretary tl1ereof while said tribe js en~aged in hostilities against the white people; and only one-half of the la..qt;.nam eu sum shall be available, or be used for the subsi t;. of," to strike out "'\Var" and insert "the InteTior." ence of saiu Indians, unles!:! theY' shall first agree to relinqwsh all right and claim The amendment was agreed to. to any coon try outside the boundaries of the permanent reservation established by The noxt amendment waa in line 1380, to increase the appropria- the treaty of '1868 for said Indians ; and also so much of their said permanent re · tion "to carry on the work of aiding and instructing the Imli:ms of ervation as lies west of the one hUIJdred and third meridian of lon¢tude, ancl shall also ~nt right of way over said reservation to the country thus c~tled for wagon the central supeTintendency in the arts of civilization, in providing or otner roans, from convenient and acces ihle points on the Missouri River, in all clothing, food, and lodging for the children attending school, in not more than three in numbrr; and unless they will recei>e all such supplies caring for the orphans, the sick, and the helpless, and in assisting the hm·ein provided for, and provided for b.v said treaty of 1868, at such points and Indians generally to locate themselves in permanent homes, and sus- places on their said reservation, and in the vicinity of the Missouri River, as the President may designate: And provided also, That no further appropriation for said tain themselves by the pursuits of civilized life" from $15,000 to Sioux Indians for subsistence shall hereafter be made until ~ome stipul11tion, a~rec­ $tr>,OOO. ment, or arrangement shall have ueen entered into by saiu Indians with the Presi- The amendment was agreed to. dent of the United States, which is caJculated and designed to enable said Indians The next amendment was in line 1387, to increase the appropria- to become self.supporting: Provided jurthe:r, That the Secretary of the Interi••r may use of the foregoing amonnt the sum of $25,000 for the remo,·al of the Poncas tion "to subsist and properly care for the Kansas Indians, including to the Indian Territory, and providing them a home therein, with the consent of agricultural assistance, pay of employes, and for such other beneficial saiu tribe. objects for the tribe at lru.·ge as their necessities may indicate to be Mr. KERNAN. I should like to have some information in regard proper" from $5,00() to $10,000. to this amendment. I suppose we appropriate this money in pursu- The amendment was agreed to. ance of some treaty which would bind us to do it. It says: The next amendment was in line 1395, to increase the appropria- That none of said sums appropriated for said Sioux Indians shall be paid to any tion for "clothing, food, agricultural implement,sJ and seedM for the tribe thereof w bile said tribe is engaged in hostilities against the w bite people. Modoc Indians that have been removey agree to commute their permanent annuity of $10,000 for the sum of S2 14,000, the same to l>o invested by the President of the United States as right, bu.t ·nev ought to be in another bill rather than in this. a part of the general fund of the nation. The amendment was agreed to. The next amendment was to insert after line 1491 the following Mr. WINDOM: No; that is not it. clause: Mr. :EDMUNDS. And- Their present school fund, amounting to about $50,000, sbaJ.l constitute a part of Thnt. tho balance of the fund of the Eastern band of Cherokee Indians appropri- the permanent school fund of the nation. Ated by the l\Ct of March 3, 1875. sha.ll, upon the 1st day of July, 1876, be placed to M.r. SHERMAN. It seems to be conceded on all hands that this t.beit· credit upon the books of the Treasury Department, and shall bear interest at the rate of 5 per cent. per annum; and the Secretary of the Interior is hereby au- money is due. The amount of it was appropriated last year for a thorized to use annually for educational purposes among said Indians so much of certain purpose, and only so much of it was used for that purpose;· tho pdncipal of said fund as, with the interest annually accruing thereon, shall amount to $5,000. the balance remains in the Treasury ; and as a matter of com'Se tho Government of the United States, according to its usual policy with Mr. SAULSBURY. I should like to inquire of the gentleman hav- Indian tribes, has paid interest on this money. ing in charge this bill whether it has been customary to pay interest Mr. WINDOM. I will state to the Senator that the act adjusting upon money retained in the Treasury for the benefit of the Indians T this removal, passed in 1848, providoes for interest on this amount. It seems to me that, nnle8s there is some requirement by treaty stip- I have it before me. .. ulations that we should pay interest on funds kept in the Treasury Mr. SHERMAN. We have always paid interest to the Indians. In for their benefit, the amendment would be wrong. I do not know that respect the case is different from an ordinary claim against the what the provisions of the treaty are with reference to it. I ask for Government of the United States which we are supposed to be ready informat.ion. to pay on sight. With the Indians it has been the policy of t.be Mr. WJNDOM. · We have paid interest on this fund until the last Government always, if possible, to retain their money and pay in- year. I will state that the fund named in this amendment arose terest on it, on the ground that they are not in proper condition to under the treaty of 18:~5 set apart by the act of 1849 to those Indians manage their own atfairs. who did not remove West, bearing interest at 6 per cent. The per Mr. WINDOM. Perhaps the quickest way to settle the question capita fund was 53.33, and iHterest accumulated until the whole will be to ·read from the act of 1848, page 264, of the ninth volume amount in the Treasury was about $100,000. There bas been ex- of the Statutes: pended under the act of March 3, 1875, about $55,000 for quieting SEC. 4. And be it further enacted, That the Secretary of War cause to be ascer- the title to their lands in North Carolina. The Indians are in as tained the number and names of such individnals and families, includin)! each mem- good coudition as the white citizens around them, and need this ber of every family of the Cherokee Nation of Indians, that remainecl in tho State fund for school purposes. It was a fund provided for theirremoval1 23, of North Carolina at th~ time of the ratification of tho treaty of New Echota, May 1836, and who have not removed west of the Mississippi, or received the com- a pn· capita appropriation for that purpose. Those of them who dio. mutation for removal and subsistence, and report the samo to the Secretary of the not go are entHled to have the money appropriated for that purpose. Treasury; whereupon the Secl'etary of the Treasury shall set apart, out of any Mr. SAULSBURY. It is upon that fund, as I understand, that we mone:ys ln the Trea~mry not otherwise appropriated, a sum equal to $53 3J for propose to pay them interest f f each indiviuual ascertained as aforesaid, and that be cause to l>e paid to every such individual, or his or her legal representative, interest at the rate of 6 per cent. Mr. WINDOM. It is. per annum on such per capita from the said 2 lu day of May, 18"J6, to the time of the Mr. SAULSBURY. Has it been customary to pay interest on that passago of this act, and continue annually thereatter sa.1d payment of interest ai fund, do I understand the chairman to say f the rate aforesaid. Mr. WINDOM. Interest has always been paid, until last year, I Mr. EDMUNDS. It seems to be provided for bylaw. . will st.at~ to the Senator. The amendment was agreed to. · Mr. SAULSBURY. I think we have intert'.st account enough in The next amendment of the Committee on Appropriations was to this country. I am not in favor of paying interest unless there is some strike out lines 1504 and 1505, as follows: treaty stipulation requiring that we shall retain the money in the For incidentaJ. expenses of the Indian sen· ice in the following States and Terri· Treasury and pay them interest. tories. Mr. WINDOM. I think if we do not pay them the interest we ought And in lieu thereof to insert: to pay the principal. General incidental expenses of the Indian service: Mr. SAULSBURY. If we owe them anything I am perfectly will- For the general inciuental expenses of the Indian service, subsistence, presents ing to pay it. I believe the Government ought to pay its honest debts, of goods, agricultural implements. and other useful articles, an16, after" Colorado Territory," paiu on it until last year, and it seems to me we should pay the prin- to strike out" three" and insert "five;" in line 1516, after" Dakota cipal at once or pay rhe interest. It is better for the Indians, in the Territory/' to strike out'' five" and insert" twenty;" in line 151i, opinion of the Department, that we should pay a portion of the in- after " Idaho Territory," to strike out "three" and insert "ten;" in terest and a portion of the principal to maintain their schools. line 1518, after "Montana Territory," to strike out "five" and insert The question being put upon the amendment, a division was called "twenty;" in line 1519, after" Washington Territory," to strike out for. "five" and insert" twenty-five;" in line 1520, after" Wyoming Ter- Mr. EDMUNDS. Before the question is put, if we are to divide ritory," to strike out '' one thousand five hundred" and insert "five I should be glad to have the Senator in charge of this bill point out thousand;" in line 1521, after "Nevada," to strike out'' five" and in- the provi:sions of the treaty under which this money was received into sert "thirty-five;'' in line 1522, after ''New Mexico," to strike out the Treasury. If it bas come in merely in the ordinary way of busi- "fifteen" and insert "forty;" in line 1523, after ''Oregon," to strike ness and is merely on deposit there, there is a great deal iu what the out'' ten" and insert" forty-five;" after" Utah Territory," in line Senator from Delaware says, I think, about our obligation to pay in- 1523, to strike out "ten" and inRert "twenty;" in line 1524, after the • terest; but if it has come in under a treaty stipulation by which we word "all," to strike out" one hundred and twelve thousand five are to hold it in trust for them and have the use of it, then we ought hundred" and insert "three hundred and fifty thousand." to pay interest, which is merely another name for the use of the Mr. WINDOM. The committee modifies the Montana appropria- money. My vote would be guided by knowing the exact terms upon tion by striking it down from $20,000 to $16,000. which we hold this money. · The PRESIDING OFFICER. The amendment will be so modified, Mr. WINDOM. I have not the treaty before me, but I shall have if there be no objection. it in a few moments. Mr. SAULSBURY. In these various items I observe a large in- Mr. EDMUNDS. The Senator perhaps can state the nn.ture of it. crease by the committee. For instance, in Arizona I see the commit- Mr. WINDOM. It is the treaty of 1835. I will state again more tee have struck out 20,000, which was deemed sufficient by the House, distinctly than I did before, that when provision was made for the and inserted $65,000 ; and so in all the other items there has been a removal of the Cherokee Nation west of the Mis issippi a certain large increase. I should like to hear the necessity for it. I want to number of them remained at home. An appropriation of $.=>3t per vote for proper amendments, but I do not like to vote in the dark. capita was made for their removal. Those who remained behind Mr. W.Th!)OM. I think the Senator will be entirely satisfied with have been held to be entitled to the money from that time until this, the amendments when I explain them to him. He will see by a ref- and it has been in the Treasury, and until last year we have paid erence to the bill as it came from the House that it provides for gen- interest upon it. This proposition is to pay :\ portion of the prin- eral incidental expenses only. It allows for general incidental ex- cipal with a portion of the interest for the maintenance of their penses of the Indian service in Arizona, $20,000; but there are a great schools. I unuerstand that tbose Indians were in excellent condi- many expenses in these Territories that are not properly incidental. . tion; as stated by the Department, in as good a condition a.s the sur- If the Committee on Appropriations of the Senate had confined them- rounding white people almost; but this fund belongs to them, selves to that which was purely incidental, and there bad been no amountin~ to about $44,000. I believe they are highly civilized other service to be provided for, they would have made the appropri- Indians, living upon farms. ation less than it came from the House ; but, if the Senator will look 3904 CONGRESSIONAL RECORD-SENATE. JUNE 20, at the amendment following the general heading, he will find that it. tribes under our control. It appropriates two or three million dollars provitles not only for general incidental expenses but for "subsist- for the general _pnrposes of the Indian service, to furnish them with ence, presents of goods, agricultural implements, and ot.h er useful agricuU.nral implements, to educate them, to make them Christians and articles, and to assist them to locate in permanent abodes and sustain philosophers, to enable them to become civilized, and to perfect them themselves by the punmit of civilized life, and for educational pur- in the arts of modern life. After bavin~ made thoso appropriations, poses, and pay of employ6s," &c. then we have the extraordinary provis10n here of a miscellaneous I will say to t.he Senator that for a very large number of Indians item that goes on and specifies, for the same objects that have here- there is no other appropriation whatever than that under this bead. tofore been appropriated, some eighty to one hundred thousand dol- For instance, in Arizona, those at the Colo.rado agency, at the Pima lars more; and as if "miscellaneous" was not sufficiently compre- and Maricopa agency, and one or two other agencies; in California hensive in its terms, was not enough of a drag-net to bring in every- at the Hoopa Valley, Round Valley, and Tulare and Mission agencies; thing that could pos.~ibly be comprised in the Indian service, we have iu Nevada at the Nevada agency; . in New Mexico at t,be Abiquiu, what are cal1ed "the general incidental expenses of the Indian Sflrv- Pueblo, and Cimarron agencies; in Ore~on at the Grande Ronde and ice" to the amount of between four and five hundred thousand dol- Siletz_agencies; in Utah at the Uintah Valley agency; and in Wash- lars more. ington Territory at the Colville and Nisqually agencies, there is no Mr. WINDOM. Three hundred and fifty thousand dollars. provision whatever except under this general bead. If we confined llr. INGALLS. Three hundred and fifty thousand (\ollars more, the bill to what is strictly incidental expenses we should fail to pro- which is an excess of 238,000 above the amount appropriated by the vide, as we have done for many years past, for a large number of Honse of Representatives. Indians in these Territories. The total appropriation, I will say to I object to these " miscellaneous" and t.o these "general incidental the Senator, is no larger than it was last year; I believe it is just the expenses of the Indian service" items in the first place, because there same. is no limitation whatever upon the authority of the Indian Depart- Mr. SAULSBURY. I do not know,anythiug personally about the ment in the disbursement of these funds. It is an appropriation of Indian service. All the information I have in reference to it is de- money without limitation as to the objects for which it shall be dis- rived from comparing the appropriations of the last year with former bursed. After we have complied with all our treaty stipulations, after apJ)ropriations, four, six, or ten years back. I remember that prior we have named every Indian tribe from the Atlantic to tho Pacific to 1860, and about 1860, the appropriations for this service never ex- and from the British Possessions t.o the Gulf of Mexico, and given ceeded $3,000,000; and yet of late years the appropriations have run them two or three millions of dollars, then, as if that were not enough, up some years to 7,000,000 for this service. Now there are not so the committee must come in with a miscellaneous appropriation giv- many Indians in all this western country as there were formerly, and ing a htrge amount more; anfl as if that were not sufficiently com- yet there is more than double the expenditure in appropriations for prehensive, then a general incidental expense account giving $350,000 the Indian servir.e. I have no personal knowledge of the necessities more. of the service. lf there is an absolute necessity to make this appropri- I do not expect that anything I can say will produce any effect ation in order to maintain the existence of these tribes that I think whatever upon the action of the Senate in regard to the Indiau ap- have been unduly oppressetl Yery often, then I am willing to vote for propriation bilL I have tried the experiment in previous sessions of it. If, however, it is true, ns has been alleged, that much of the Congress and have learned that it is ent.irely futile and nuga-t ory; money which has been appropriated of late years bas been squa,n- but I cannot allow this bill to pass without entering my protest dered or gone into the pockets of men that are professing to be In- against the enlarged appropriations that have been made by tho com- dian agents and others having some supervision OYer them, then I mittee of the Senate, on the ground~ in the first place, that I believe think the Jess mon'3y we appropriate the better. If it. is not to ben- they are entirely superfluous and unnecessary; that they are uncalled efit the Indians, if it is simply to enrich the agents, then I think the for by treaty or by any obligation we are under to these tribes; and time has come when we ought to cease making any of these appro- in the second place, because the result is to confide to the Indian De- priations. partment the disbursement of a large sum of money without any con- , I -think at any rate there must be something wrong in this constant trol whatever on the part of the Legislature. increase of the Indian service while the Indians are decreasing in llr. MAXEY. Mr. President, the bill under consideration, as framed numbers. They ought to be in a better condition when you take into by t·he House of Representatives, proceeds upon tlte theory that tho consideration the vast expenditure of money by this Government for Indians will be transferred to the charge of the War Department. their benefit, and yet there bas been a large increase in the last fifteen The amendments of the Senate. Committee on Appropriations pro- years in the money expended, till it has reached more than double ceed on the theory that the Indian Bureau will remain a part and tlte amount expended fifteen years ago for the Indians. I think there parcel of the Interior Department. It is assumed by the Honse of must be somethin~ wrong, and a.lways when these Indian bills come Representatives, and they act upon that theory, that if the Indians up I feel some hesitation about voting for them because I fear that are transterred to the control of the War Department, the expenses · somebody is to gobble up the money which we design for the benefit will be very largely decreased in this, that the agents and various of the India~s. I do not think these ftlnds ba ve been sufficiently employes, superintendents, &c., will be taken from officers of the protected in the past, and I think the committee in assuming the re- Army not otherwise employed, and who cau be spared by tho War sponsibility to appropiate so much money out of the public Treasury Department for tho discharge of these duties, now drawing thcil· pay ought to be exceeuingly careful that they provide the proper guaran- as Army officersaHd doing nothing in the interest of the Go•:ermuent. tees that it shall go to the Indians and not go into the pockets of That is the theory on which the House bill evidently has been framed. private indi vitlnals. As to the special item now under consideration, it may be that it Mr. WINDOM. A. single word in answer to the Senator from Del- will not mako much difference, but I am speaking of the entire frame- aware. This little appropriation of $350,000-small in proportion, I work of the bill. mean, to the number of Indians concerned-is all there is for aiding There is a provi!!ion in this bill-and! see that the Senate committee in the subsistence of 22,170 Indians; and, in addition to that, from haa propo~e(l to strike that out-transfering the control of the Indians this fund are furnished employes, teachers, &c., for bands of Indians to the \Var Department. Upon that wehavo not as yet acted. If we numbering 95,000 souls. It seems to me to be a very small appro- sustain the action of the House, if we sustain the bill as it was pre- priation. It is true we have no treaties with any of these tribes, sented to us by the House, then I apprehend that the careful consid- but it is simply a small amount to enable us to give them some assist- eration given to the bill by the Honse in view of this transfer will ance. be found to be right. If, however, that is voted down and the Bu- The Senator compares the last two or three years with several years reau is left under the control of the Interior Department, then it may ago-1860. It is true that the Indian appropriations were smaller fif- be that these amendments of the Senate committee are right. • teen years ago than they are now ; but nearly the entire difference So, then, the question of amendments turns to a. very great degree, may be accounted for by two appropriations, one for the Apaches in it seems to me, on what action the Senate may take upon the trans- Arizona and New Mexico and the other for the Sioux. Those two ap- fer of the Indians to the War Department; and that is the great propriations alone-which I am sure we did not make at that time- question presented by this bill, upon which I do not care now to amount to 2,000,000; and if you deduct those two appropriations speak, because we have not rea $:350,000 of last taken by the Senate committee, I prefer that some one should· rise year went. Now, I think it will create great disturbance in all these here ·and explain. . · Territories, it will work a great injury to the service if we fail to ap- The PRESIDING OFFICER. The question is on the amendment propriate this money. from line 1503 to line 1525. · Having said this much, I submit the matter entirely to the discre- Mr. WINDOM called for the yeas and nays; and they were ordered. tion of the Senate. If they think we ought not to appropriate this Mr. WINDOM. Before the vote is taken I will attempt again vety money, if they think that, having hitherto for many years past fur- briefly to explain why these items are so much larger than those con- nished supplies to Indians numbering some 22,000, we should sud- tained in the bill as it came to us, and I hope that I may have the denly cease those supplies in all these Territories, upon the Senate attention of the Senate while I attempt to do so. • be the responsibility, a.nd not on me. I have endeavored to make the The bill as it came to us undertook to provide, as we understand, statement as plain as I could. for strictly and technically ''incidental expenses" only, and did not Mr. INGALLS. I think in this year of commercial depression the · provide, certainly did not provide . funds, for subsistence, for aiding Indians ought to practice economy as well as white men, and if we the Indians, and for the other purposes for which they have received are compelled to reduce our expenses they ought to be compell~d t-o ai(l several years past. diminish theirs in proportion. Bnt the Senator certainly cannot ac- The Senator from Kansas leaves the impression upon the Senate, or cuse me of having made any genel'al allegation of rascalities or irregu- at least upon my mind, that we have in other parts of the bill pro- larities in the Indian service. I was merely calling attention to what vided for the same Indians that we are now seeking to appropriate seemed to me to be an extraordinary looseness in the method of ap- these iteiM for. I will say to the Senator from Kansas that the In- propriation; and, with his permission, I now desire to caU his atten- dians who are to receive this fund have no other appropriation what- tion to the amendment on page 58 of this bill under the general head ever; and although, as he says, we have appropriated from one end of "miscellaneous." The commit.tee have appropriated 83,000 in of the continent to the other for Indians under treaty stipulations excess of what was reported by the House. In line 1420 it reads: and in various ways, we have in no other part of the bill, except pos- For this amount, for the support of industrial schoola and other educational pur- sibly for general educational purposes, made any provision whatever poses for the Indian tribes, f40,000. for the subsist-ence of the Indians in the vario·us Territories mentioned I ask the Senator to state to me what limitation there is upon that here. appropriation, in what Territory it iR to be expended, to the educa- Mr. INGALLS. If that is the case, why are not these appropria- tion of what tribes it is to be applied, or what necessity for the appro- • tions made specifically for tbe Indians for whose benefit they are de- priation exists. signt'd, so that we may know for what purpose the money is to bt! .Mr. WINDOM. There is no ·limitation as to what Indian tribe it used f What I object to particularly is t.he fact that here is a great shall be applied to. It is for the educational service, as I understand. fund that is appropriated in general terms and that can be applied Mr. INGALLS. Then under the head of "general incidental ex- at discretion by the Department of ·the Interior, or by the Commis- penses of the Indian service," on page 62,· we have again "for educa- sioner of Indian Affairs, not only to those Indians. who the Senator tional purposes and pay of employes" in the different Territories, these says are the ones to be benefited, but for any other purpose what- amounts aggregating $350,000. · ever. If there are tribes of Indians that require appropriations, why · Mr. WINDOlf. I stated expressly when on my feet before that that not name those tribes and say for their benefit such and such a sum was the only case in w hicb any provision was made for the Indians of moneyf contemplated in the amendment -nuder discussion. Mr. WINDOM. I presume tlfat might be done; but the amount Mr. INGALLS. But this will certainly apply to them. for ea~h Territory is by no means large, and it is deemed better, and :Mr. WINDOM. I said that was the only exception; that it did so far I myself believe it is better, to place this fund in the hands of the In- as an educational appropriation was ·c oncerned apply to them also. terior Dep;utment, specifying what amounts shall be used for each The $40,000 which the Senator has referred to is a general appropria- Territory. We have no estimates before us of the exact amount tion for that purpose. Hithert-o there bas been a fund, j nat how necessary for each tribe. I think that sometimes they may needmore large I cannot state, arising out of the sale of the Osa~e lands. The for one tribe and sometimes more for another in a Territory, and my treaty with the Osage Indians provided that certain funds received impressions are that this i.s the best way to make the appropriation. from t.b e sale of their lands should be used for general educational Mr. INGALLS. I believe that irregularities, not to say corruptions, purposes applied to all the lndi::~.ns, Owing to the fact that lands~ are inseparable from the appropriation of money to be employed at that lClcality have ceased to sell as formerly, that fund is not now discretion without any le~islative control. · available, and there is this appropriation in order to prevent the Mr. WINDOM. There 1s no more discretion in this than there is in schools from bei4g discontinued, lt is not limited, I will say frankly almost every appropriation that is made in the Indian list. I know to the Senator, but is a general appropriation for the Indian educa- it is a difficult hill in which to make appropriations. I agree with the Senator from Kansas that there is no service more difficult than tional service. The PRESIDING OFFICER. The yeas and nays have been or- the II;Idian service, and there is nothing I have.. more regretted than dered upon this amendment. The Secretary will call the roll. that I have been compelled ever since I have had. the honor to be in the Senate to have charge of the Indian appropriation bill. I ha.ve 30The question being taken by yeas and nays, resulted-yeas 16, nays ; as follows : been compelled to listen annually to this diatribe against the rascality YEA.S-Messrs. .Allison, Cameron of Pennsylvania, Conover, Frelingbuysen, of Indian officials. Now, sir, I believe if you will examine the pur- Hamlin, Logan, .Mitchell, Morrill of Matne, MoiTill of Vermont, MortA>n, Oglesby, cl.J.a es made by the Indian Department, the expenditure of money Paddock, Patterson, Sherman, Windom, and Wrig4hl6. ruade by the Indian Bureau, you will find that money bas been ;ts NAYS-Messrs. Alcorn, Bo":v, :Sooth, t:hristia!lC:V, Clayton, Cockrell, Cooper, economically expended as it bas been in any other Department of the Dawes, Eat~n, Edmunds, Gol'lltbwaite, Hamilton, l{itchcock, Ingalls, .Johnston, Governmevt. I believe that it has been demonstrated elsewhere by Kelly, K ernan, Key, McUroory, Maxe:v, Norwood, Randolph, Ransom, Rubf"rtson, Saulsbnry, Stevenson, Thurman, Wadlei~h. Wallace, and Whyte-30. the prodnct.ion of the receipts and expenditures, the payments ·for ABSENT-Messrs. Anthuny, .Barnum, Bayard, Bontwell, Bruce, Burnside, Cam- articles of supply to the India;ns, that the money bas been as carefully eron of Wisconsin, Caperton, Conkling, Cra~, Davis, Dennis, Dorsey, Ferry. Gor- and as economically expended as anywhere else. don, Harvey, Howe, Jones of Florida. Jones of Nevada, McDonald, McMillan, I h.ave no doubt that there may be, and is, rascality at distant Merri~on, Sargent, Sharon, Spencer, West, aqd Withers-~. · frontier posts; and 1 want to say further that I believe that when So the amendment was rejected, IV-245 3906 CONGRESSIONAL RECORD-SENATE. JUNE 20, The next amt:lndment of the Committee on Appropriations was to [Mr. LOGAN continued and concluded his speech, which in full is strike out the following proviso, from line 1526 to 1533: as follows :] . P1·ovided, That none of the appropriations herein or hereafter made under the Mr. LOGAN. Mr. President, this question is tbe one referred to by heacl of incident.'ll expenses of the Indian service sball be expended in payment of the Senator from Texas [Mr.·M.AXEY] a short time ago as the import- em~loylls in said service, but the same shall be used for annuity goods, subsistence, ant question presented by this bill; and although I am satisfied t.hat agncu1tnral implements, for educational purposes, and for repairs of flour· mills, the Senate is not desirous at this time of hearing any extended argu- saw-mills, and other agency buildings, and incidental transportation, and for no other purpoaes. ment in connection with this bill, yet I deem it my duty to give my reasons why the proposition as.presented by the House should not be The amendment wa8 rejected, agreed to by the Senate. Mr. WINDOM. I suppose a vote will be in order in the Senate on I desire to call the attention of Senators to that which has trans- this proposition f pired in reference to changes or attempted changes from the civil The PRESIDING OFFICER. The amendment can be renewed in departments to the War Department. I have always, since I have the Senate. The next amendment of the Committee on Appropria- had a voice in the Congress of the United States, protested against tions will be read. · the civil department of the Government going into the bands of the The next amendment was in section 2, to strike out the words "and Military Department.. I beHeve that they are and ought to be en- the warriors thereof," between the words "tribe" and "shall" in tirely separate and distinct; their services are of an entirely differ- line 8; so as to make the section read: ent character, and their education leads them in entirely different lines. SEC 2. That no supplies or annuity goods for which-appropriation is made in this I find that this winter an attempt was made not Only to transfer act shall be issued to any band or trlbe of Indians whife the same may be engaged the Indian Bureau to the War Department, and that was done upon in hostilities against the United States or in depredations upon settlers; nor sliall the theory of economy, but also to transfer the Pension Bureau to the any sum of money appropriated by this act for any tribo of Indians for wliom a War Department, and following that would come the transfer of the reservation of territory shall have been made be paid to them or expended for their benefit. unless such tribe shall remain peaceably within the limits of the territory Land Office to the War Department. This is merely the entering- assigned to them, unless absent by the consent of the agent. wedge for the destruction of what originalJy was called the Home De- partment, or Interior Department of this Government. In order to The amendment was agreed to. verify my statement so far, I have here a report made to the House The next amendment was to strike out section 3, as follows: of Representatives by a committee of that House not only in refer- SKc. 3. That the office of the Commissioner of Indian Affairs is hereby abolished, ence to transferring ~he Indian ·Bureau to the War Department, but and the salary heretofore paid to such officer shall cease, and the offices of super- also in favor of transferring the Pension Bureau to the War Depart- intendents of Indian affairs, olerks to the same, of agents and special agents, inter- ment. That branch of the subject I will not discuss any further than :preters, inspectors, and all other employ6s of the Indian Bureau, are hereby abol- Ished; and the salary heretofore p.aid to such officers respectively shall cease; and to call the attention of the Senate to the fact. The conclusion of the tho duties now intrusted to and performed by said officers, of every kind and de- report, made by Mr. JENKS, from the Committee on InvaHd Pensions, arription, shall be performed by officers, soldiers, and employlls of the Army, under is this: tho dir~ction of the Secretary of War; and they shall receive no additional pay by reason .of the performance of the duties aforenamed, thus transferred to them, other It~ suggested the duplicate labor performed by the finance division of the Pen- than the pay they way receive as officers and employbs of the Army; and the Sec- sion Bureau and the pension agencies c.an be done by the Paymaster's Department rotary of War shall aasign them their lluties in connection with the supervision, of t.he Army with very little addition to its present force. The duplic.ate labors control, and management of Indian .Affairs under such regulations as the President now '(lerformed by the Wa.r Department and the Surgeon-General's Office can he mav prescribe.: Provided, That the execution of all laws and parts of laws appli- avoided, with all the correspondence pertaining to it, by the transfer of the Burea-u cable to t-he management and control of Indian affairs and of matters arisin~ out of Pensions to the War Office, and greater efficiency, integrity, and int,elligence can of Indian relations is hereby transferred to, and placed under, the control of the Secre- thereby be secured. U1ry of War, who is hereby empowered to, and shall, exercise the same authority in There is the attempt made by the House of Representatives this the cootl'Ol of all Indian affairsneretofore had by the Secretary of the Interior; and win.ter not only to transfer, as I said, tho Indian Bureau but the .. air laws and part-s of laws in conflict with the provisions of this act are hereby re- pealed: PrO'fJidedju.rther, That nothing in this act shall be construed to authorize an increase in the uumber, rank, pay, or allowances of officers of the Army in e~­ Pension Bureau to the War Department; and I have beard it sug- gested-! know it would follow also if this should be accomplished- cess of that now proviued by law, and its provisions shall be applicable to officersto transfer the Land Office to the War Department, thereby giving on the retired list of the Army, who, when on such dut:v, shall receive full pay andthe War Department in fact the administration of a great portion allowance of the rank in the regular Army held by them at their retirement, as prescribed by law for officers on the active list. of the civil affairs of this country. Against that I enter my solemn protest. If I shall draw a line of economy even between the civil Mr. LOGAN addressed the Senate in favor of the amendment and Department that has charge of the lnclian aftairs and theWar Depart- in opposition to the section. Having spoken for some time, ment which will not be very favorable to the War Department, in Mr. WINDOM, (at four o'clock and thirty minutes p.m.) I move, what I wish to say to the Senate in reference to thP management of with the consent of the Senator from Illinois, th:1t the Senate take a the affairs of the Indian Department, I now give n_otice to Senators recess from five o'clock until half past seven. Several SENATORS. Why not from now ' who differ with me on this question, if they think I am in error in Sny statement that I make, it will not interfere with me one particle if • Mr. LOGAN. I do not want any recess on my account. they~ stop me and ask me for the proof, for I have right here before Mr. WINDOM. My motion is that at five o'clock the Senate take me documentary evidence, commencing at the foundation of this Gov- a recess until half paat seven. ernment down to the present time, in reference to the management A (livision was called for: of Indian affaiJ:s. · Mr. WINDOM. I think we had better have the yeas and nays on Sir, I feel compelled on behalf of the honor and good name of our this question. Republic as a great civiHzing and enlightening agency, on behalf of The yeas and nays were ordered." In the preamble to tbe our legislators and public officers to set the example of prudence and P ennsylvania charter, during a subsequent reig_n, it is also stated to be a principal economy both in their public capacity and private life. But even objer.t ''to reduce the sava:;e natives by just ana gentle manners to the love of civil placing this matter on the basis of dollars and cents, the result is not society and Christian religiOn." · · in favor of the passage of this act, as I shall attempt to show before So I might read further Halkett's work on Indians, which is the best I am through. authority in this country. In reference to every charter and every It has been stated that the opposers of this transfer, in their great beginning in this country there was a provision that the Indians anxiety to protect and civilize the Indians, have forgotten that the should be treated with for the purpose of civilizing and Christianiz- right and lives of our border settlers are also inv9~ved. I am fully in#]; them. aware, Mr. President, that these brave and hardy piOneers who have When we come to the annnls of our present Government we find it pressed onward to the borders of civilization have rights and inter- repeated directly or indirectly under every administration, as I will ests equal to, and I may say superior to, those of the Indians, which. show before I get through, both by the official expression and assur- it is our duty to protect and foster; and in opposing this act I con- ances of those in authority and by the laws relating to Indian af- scientiously beli~ve I am doing this more effectually than I would be fairs. By everyone they were treated in a manner showing that civ- in advocating it. This I propose to bring more· fully to your notice ilization and Christiauization were the intention of our Government. before I conclude. • Hear, for example, the words of Washington to the Cherokee dele- Other questions of more or less importance are also involved, for it gation, which you will find in McKinney's Wrongs and Rights, volome is far more complicated as regards its connection with other subjects 2, page 131: tha.n we are disposed t.o believe until we have thorougly studied it. I am highly satisfied with the confidence you repose in me l!Jld in the United States But, sir, the great question raised by this proposition, and the one as your friends and protectors. We shall indeed rejoice in being the instruments of which, in my opinion, overtops all the rest, is this: Shall we as ana- the Great MasteT of breath to impart to yon and to your whole nation all the hap· , tion cut short our work of civilization in reference to the Indians f piness of which your situation will admlt; to teach you to cultivate the earth and Shall we by our action say to the world that we abandon all hope of to raise your own breau as we tlo ours; to raise cattle ; to teooh your children finch elevating and fitting them for that standard in life the God who made arts as shall be useful to them; and to lead yon by degrees from one information to another in order not only to better your "situation on tllis earth, but by enal>lin!.{ them designed them to enjoy T Shall we confess our inability as a your minds to form a more perf6('t judgment of the great works of naturo to lead nation, notwithsta'n ding the vast resources at our command, to civil- you to a. more ex.altecl view of the Great Father of the universe. .Rest, therefore, on ize a few thousand degraded wards completely under our control, and the United States as y()Ur security against all injury. thns condemn them to extinction T Shall we, as the representatives That wa-s the declaration of George Washington, the Father of his and levernment and to the tribes to whom we have voluntarily assumed obligations which we are tion IS the primary and indispensable agency in civilization. not at liberty to disregard. It will be seen that the accounts of millions of expend- H was perhaps unnecessary to prodnce any evinence on this point, itures have been so loosely kept as scarcely to furnish a trace or explanation of but I have presented it briefiy, as it affords, as I conceive, a conclusive large sums, and that others have been misapplied so as to impose serions losses on argument why the Indian affairs should not be turned over to the only the Indians and hea-vy responsibilities on the Q-Qvernment; that,in some b(){, cs (the record of these accounts) no entries have been made for a periorl of everal War Department. years; and that where entries have been marla tlmy are so imp tfect that the very If the slow process of instructing them in the arts of husbandry clerks who kept them could not &tate an account from them. The whole system of and in educating them a1f'ords the only method of civilizing them, it accounts in this Department req\Iires revision and radical form . There lias b~>en is apparent that the primary ol>ject for ~bich the Indian Bureau was great prodigality as to funds which should have been invested for the Inilians, and ~be investments actually made ~ave been in stook.s of Sta.tes, porcbai«'.d in some established is wholly incompatible with the duty of the officer and mstances above par, and now pa1d out by the Government as trustee at par, while soldier. Neither husbandry nor anything that appertains to it forms they are worth only :l5 or 30 cents on the dollar. The accounts in the Indian Bu- any part of their education, and if they become husbandmen and teach- reau and in the Second Auditor's Office n.re very imperfect aud are s•J kP-pt a1 to the practice of irregularities with impunity. (Reports of Committ~es, ers they are no longer officers and soldiers except in name. If they facilitate second session Twenty-seventh Congre&3, 1841-'.J2, voiume 4, No. 471, page 26) employ others to do tl).is work, this of itself is an admissif)n of their incapacity for the duties required and that they have been placed in And yet, Mr. President, we are urged now to turn this Bureau o-v-er wrong hands. Why, sir, if it is admitted that the Indians can be civ- to 'the War Department, in order that· correct accounts may be kept ilized only by the means mentioned-and no one will deny it-it seems and irregularities checked. \Ve have now been following its history to me there are no grounds for discussion as to where this Bureau under this Department for fifty yeal's, and still matters grow no bet- properly belongs; ancl placing it under the War Department can sig- ter, but worse, if anything. . nify nothin.~ less than an abandonment of the peace policy and a gi v- Now, when Senators are told' the War Department for economy," ing up of au hope of civilizing these unfortunate beings. It will not here is a report made as late as 1842 that tells you the accounts were do to say we do not intend this when our actions contradict our words. so imperfectly kept, so loosely kept, that no reliable statement con.ld 'A nation is judged by its actions rather than by its words, and when be made frmn them; that the Government was liable t.o great losses; we say a certain course only can result in civilizing them and follow that t.he money of the Indians was invested in stocks of St.ates at another, it is rightly presumed we intend another result. great loss. This was the management ; and now we are a ked to turn What does our past history teach us in reference to the capacity it over again to a. Department from which it was taken because of of the War Department to accomplish this work which we have their neglect, because of the loose manner of doing business, because always professed to be the object of our dealings with the Indians Y of their manner of treating the Indians. We are asked as a civilized This Department bas had the charge and care of Indian affairs nation to take it back there. Mr. President, I ask have the Senate from the organization of that Department, August 7,1789, until1~49, and House of Representatives of this country forgotten the history when the Bureau was transferred to the Interior Department by the of Indian affairs in this country f Have they failed to examine the act establishing that Department. history of Indian afl'airs while it was under the War Department f If the arguments which are presented in f:Lvor of this transfer have Is it because they have forgotten it that they wish it to go back there any force in them, then in the fifty years that this Department had again where ten times the amount of irresponsibility exists, accord- the chief or entire control, 10ome reasonably adequate policy ought ing to every report and every history that is founrl to-day f to have been presented !tnd' some decidedly m:Lrked progress in the I have now been following the history of this Indian Bureau under solution of the great problem made,radicalerrorsought to have been the War Department for fifty years, and still matters grow no better, ascertained and corrected and abuses prevented. I wish Senators to but worse all the time. I call the attention of the Senate to this fa-ct : bear in mind that I am not now contending that the present system is Commence in 1789, when the Indians were placed under the War De- by any means perfect or without serious defects or that there are not partment at its organization, follow the system for fifty years, and abuses which need correction; I am iilimply trying to show 'that the its history shows that it grew worse every day, instead of better. I history of this Bureau under the War Department affords no hope of defy contradiction. improvement by the transfer contemplated by this bill, but the con- Where, sir, in all these facts do we find any evidence of that rigid trary. , system and stern integrity for which this Department has been so In 1820 Mr. Calhoun, then Secretary of War, in a communication much lauded in contrast with other Departments f As has already o Henry Clay, Speaker of the House, _says: been said by some in this city, I will not say where, who advocated this side of the question, they want to turn it over to military men Although partial advances may be made under the present system to civilize the Indians, I am of the opinion that until there is a radical change in the system any because they are honest. I am not here to assail the honesty of any efforts which may be made must full short of complete success. ~ man; but "I am sick and tired, and so is the country, of this eternal 3910 CONGRESSIONAL RECORD- . SENATE. JUNE 20, boast of the proverbial integrity" and honesty of Army officers over care whether it was done by the ·Indian trader, or the Secretary of other citizens." They are men of like passions as ourselves; and, War, or whom. The War Department had t.he full a,ucl complete con- while we cheerfully concede that they are our peers in honesty, integ- trol of the whole thing. No matter whether they did it themselYes rity, and ability in their respective calling, we are unwilling to admit or permitted it to be done by others, the responsibility is the same. I that they as a class are better ~han other men or that they are en- am speakin~ of the difference between the swindling of Indians then dowed by nature with ot· have acquired by education more versatile and the swmdling of Indians now; and the man who says that In- talents than other people have. dians are defrauded to-day as they were under the War Dep\rtment Reference has been made to extortions and wrongs perpetrated n:eon does not know anything about the history of the Indians of this coun- the Indians under the present system. That there are errors which try or their treatment. need correction I will not deny; bot let us refer to some of the prices I would ask, Mr. President, if anytbin~ under the present system pa.id by the Indians for articles under the old r~qinte. baa ever eqnaled·snch outrageous extortwn as that to which I b:we I call the attention of the Senate to a report which I have here, and called attention f It is true this was under the old trader system; but I have copied it fro91 the papers accompanying tho report of 1834, why bad this not long before been corrected; why had not the War made to the Congress of the United States already referred to. I find Department brought about a correction of these errors when 1;he re- that at Fort Leavenworth, within easy reach of the markets, guns sponsibility rested with it for the policy pursued f which cost in Saint Louis $7 were sold to the Indians for $30 apiece; But, sir, it may be claimed that the Department was not responsi- a.xcs costing thirty-seven and a haU cents were turned over to them ble for the system or agents appointed. If not, then for Heaven's for $2 apiece. A double hanclful of salt-for that was the way they sake and for the honor of our country let us place it where somebody measured it then to the Indian-costing sixty-two cents a bushel, was will be responsible. If a Department in fifty years' time can bring turned over to the Indians for 1. Five and six gallon kettles, cost- forward no plan to correct such abuses and cure such defects, but ing twenty-five cents per pound, sold for 12 apiece by the War De- waits and waits until outside presSure forces these things home upon partment to the Indians. On the naviO'able waters of the Upper Mis- Congress, it is certainly time to remodel the Department or remove souri a yard of strouding, costing $1.80, sold for $8; a blanket cost- the business to some other. iug 3 sold for 10; calico costing sixteen cents per yard sold for $1 ; It may be said that improvements were introduced between that powder costing thirty cents per pound sold for $1.50; tobacco cost- time and 1849. • That is in a measure true, sir, but these improvements ing from five to seven cents sold for $1; blue strouding costing eighty originated not so much from the recommendations of that Depart- cents sold for $9, &c. • ment as from external influences pressing home upon Congress these If any gentleman disputes this, I have right here the sworn evi- crying evils and this defective management. It may also be saitl dence, the bills reported to a committee of Congress in 1834, showing that this ~rgument, if worth anything, applies also to the present these fa-cts in the face of all the honesty that is attributed to the War management. That there are evils which need correction, I admit. Department. I defy any man to show me that such robbery has ever In fact the House Committee on Appropriations in their report of been perpetrated on Indians in this country as was perpetrated, ac- February 25, 1871, say: cording to this report of 1834, by the War Department on the Indians The testimony shows irregularity, neglect, and incompetency, and in some in- of this country. It was robbery, sir; it was not fraud; it was open, stances a departure from the expreRs provisions of law for the regulation of Indian palpable robbery. expenditures and in the management of affairs in the Indian Department, bnt have not found evidence of fraud or corruption on the part of the Indian Commis- .Mr. BOGY. Will the Senator permit me one question f sioner. · Mr. LOGAN. Certainly. Mr. BOGY. I desire to know whether the Senator means to state This is true;sir, but what good would it do to another Department that the Indian Department of· the War Department paid for the where it was even worse T But let us read a little further in the com- goods at one price and that they were turned over by the Depart- mittee's report: ment to the Indians at anot.ber price f · With much to criticise and condemn, arising partly from a 'IJicious system inherit. Mr. LOGAN. I do. That is just what I say, that they were sold ed from, the past and partly from errors of judgment in the construction of statutes passed. to the Indians at these prices while under the ·war Department. Mr. BOGY. I cannot understand it. So that it appears even the errors now pertaining to this Bureau Mr. LOGAN. I will explain. are in pu,rt chargeable to a vicious system which originated while it Mr. BOGY. What is that reportf Who made the reportf was under the War Department. Mr. LOGAN. I will give the Senator the report, so that he will I call attention to another thing. At this very session of Congress have no trouble about it. If it was not fdr taking up the time of the t.he House of Representatives organized a committee for the purpose Senate I would read the whole thing. It is in the reports of com- of examining the Indian Bureau to find fmuds and peculations and mittees for the second session of the Congress or 1!::141-'42, volume 1, everything of the kind, and yet I ask Senators to point out in the No. 471, page 26, a report made by a committee who were investigat- report of that committee these frauds that are talked about before ing this question. Tho Indian Bureau then was in the War Depart- the country as having been proven. They find no such thing. You ment, and the evidence before that committee shows that these prices find irregularities as you will in any matter connected with Indian were paid by the lists of purchasers under the War Depa.rtment, and tribes or people far off, in transportation or something of that kind; sold to the Indians at the prices I have given. That is the report. but when you talk about wholesale frauds in the Indian Department I do not want to take up the time of the Senate by reading from as compared with the outrages when it was under the War Depart- books; bnt, as I said in the outset, every statement I make is backed ment, there is no comparison. by official documents, and I will give you the page, &c., so that Another matter of experience bearing upon this point is the influ- there shall be no trouble in finding it, and I will give yon the book ence exerted by soldiers -w ben placed in the vicinity of Indians in when I am through. I think I have searched this question up from reference to morality, good order, and progress in civilization. Sen- its beginning. I have been at it a good while, and I do not propose to ators are doubtless aware that in 1875 a circular was issued by the misstate anything. board of Indian commissioners to the various agencies making in- Mr. BOGY. I have no doubt of the correctness of the Senator's quiry on this point as well as otherR. The answers with few excep- statement so far aa he is concerned; be should not misunderstand tions show that this influence is pernicious, and that wherever soldiers me; but there must be some misunderstanding somewhere, because are brought in contact with the Indians the debauchery of the women it could not have been that the War Department obtained the goods and the demoralization of the men inevitably follow. But, sir, lest at one price and turned them over to the Indians at another price, be- it be said that the judgment of these agents was warped by interest, cause the War Department at no time was authorized to trade and let us look ba{lk to the time when this Bureau was under the War make a profit for the benefit of the War Department. There may Department and see what was the testimony on this point then. In have been some fraud. These may have been the prices of the Indian the report of the committee made in 1834, page 22, to which I have traders. already alluded, they say that from the fact.s brou~ht to their notice they Mr. LOGAN. Let the Senator understand me. I do not say that "cannot forbear the expression of a decided opmion of the impolicy the War Department turned them over for profit to the War Depart- of locating permanent milit.ary posts in the vicinity of Indian settle- ment. I am not saying that; but the War Departigent bad control ments." of the Indians; they belonged to the War Department; and if the 'fhe accompanying report of the three Indian commissioners is still officers of the Army bad those goods bought at one price, and let them stronger. They say, page 93 of the same ·report: go to sutlers and traders, and allowed them to sell them at such an It baa been found by sad experience that a large military force stationed as this enormous advance, it was a fraud on the Indians, I do not care is- whether it was done by the Secretary of War, or by an officer, or Speaking of a certain force there- anybody else. surrounded by India.n settlements, has a demoralizing and unhappy influence upon Mr. BOGY. Those wore the prices charged the Indians by the In- the Indians, nnd serves to counteroot in a very great degree the benevolent efl'orta dian traders. of the Government to improve their condition. It has been found impossible to re- Mr. LOGAN. Very well. strain Lbeinterconrse between the soldiers and the Inilians; and what must be the Mr. BOGY. Of course, I do not justify any such imposition, but consequence of such intercourse of near one thousand men such as soldiers gener- ally are can be easily imagined. there is a wide room and margin for explanation. I only wished it understood that these were the prices, not charged by the War De- It cannot be said that these commissioners were influenced by a1;1y partment, but charged by the Indian traders who were engaged in such motives as are attributed to those answering in 1i'rr5, yet they that business. speak out in unreserved terms as to the demoralizing influence ex- Mr. LOGAN. I understand that as well as the Senator. I do not erted by soldiers when placed in the vicinity of Indians. And the 1876. CONGRESSIONAL RECORD-SENATE. 391J fact is, Mr. President, we all know this is true without appealing to pose of making him behave bimseJi f No, sir; · but to protect violat- tbis testimony. It is and must be the universal verdict of experience. ors of the law viol:l.ti.ng the very treaty that you in this Senate sol- It is unnecessary for me to take up the time of the Senate in giving emnly agreed to between the United States and the Sioux in refer- the facts and reasons for this, for every Senator is familiar with them. ence to their peaceable possession of the Black Hills country. But, sir, t.b ere is a reason taught by experience why this transfer Bnt we must have war. Officers will not be needed unless we have should not be made ·which, as I have said, overtops all others in im- war. Doubtless ere long we shall receive news perhaps of some portance, and that is that it means war-war, interminable war, or brilliant campaign and a splendid victory which will equal perhaps war until the Indians are extinct. The word comes to us again and the victories we have had in tim,es gone by. Where does the blame again that the military forces have struck a blow here that will quiet lie f In the Artily or in the Government f a tribe for all time to come; that a lesson has been taught another There are some very curious things revealed by the records of which will not be forgotten, yet scarcely a year passes by until an- military operations among the Indians. Take for example one or other blow and another lesson are deemed necessary. Look, sir, to two of the tabulated st-atements copied into the report of the con- the history of this Bureau under the War Department and tell me dition of the Indian tribes, made in 1A67 by tho joint special com- what yon see there. Each alternate page is crimson with blood, while mittee. The one on page 267 gives the lists and dates·of stock taken we l!!earch the record almost in vain for any signs of progress in civ- by and from the Indians; and the nUDiher of officers, soldiers, cit.i- ilization. 0\lr libnu·ies teem with histories of these wars, while a zens, and Indians killed and wounded during the year 1864 within few short pages tell us all that was done to 1·edeem these tribes from the department of New Mexico. This table shows that on January savage life; wars, sir, which to-day cause every American philan- 3 twenty mules were taken and one citizen killed and three wounded. thropist to hang his head in shame for his country, as he well knows On the 5th eleven cattle were taken. On the 6th of the same month that by judicious management, patient and humane treatment, they fifty horses were taken from the Indians and forty Indians killed and might have been prevented. thirty-five wounded; on the 11th another Indian killed; on the 12th Take, for example, the history of the Seminole or Florida war as sixty-two sheep, twenty-five horses, and one mule taken from the written by Captain John T. Spragne. I will not take time to read it, Indians and three Indians killed. Such is the record in full of ten but will give the facts as they will be found, and I will give you the days of great exploits-a number of Indians killed, very few white pages, so that any Senator caD e1amine my authorities and see men, a number of horses, a nUDiber of cattle, a number of sheep, all whether I am corrector not. He was brevetted for services rendered taken from the Indians. Referring to the summing up for the year during that conflict; be does not hesitate to admit it was brought on we find 4,250 sheep, 26 horses, 154 mules, and 32 cattle taken by unnecessarily, and then proceeds to give us a volume of more than the Indians; taken from them, 12,28-t sheep, 2,472 horses, 35 mules, 31 half a thousand pages of the bloody record. There is the history of cattle, and 18 burros-a clear gain on the part of the Government, the Seminole war, (exhibiting a book.) Not more than a thousand if it received the benefit of the overplus, of 8,034 sheep, 2,446 horses, Indians existed as Seminoles, and it required half a thousand of pages and 18 burros against a loss of 119 mules and 1 cow. in order to recount the scenes of bloodshed and murder that took That is the statement made by the report of that Indian raid. The place during that time. That war against a foe scarce a thousand Indians made a terrible raid on the soldiery that year, and there were strong cost the nation $19,480,000, exclusive of the expenditures per- about three hundred Indians killed, and only three white people, and ta.ining to the regular Army, which added make a total of $50,000,000. I believe two of them were citizens. In the great war of that year, It lasted for seven years. Sir, the policy adopted then, and which is in which we lost three persons,. we captured 12,000 head of cattle ever that of military control, is coolly given at the· very commence- more than they did. What became of them I do not know. This ment of this work of Sprague's. He says- shows that it was a profitable business to have the Indians all the The liberty allowed them (the Indians) was to be circnmscribed- time attackin~ the white people. The death record shows one officer six men, and eighteen citizens on the one side killed,and three hundred 1 desire you to listen to this. It shows what brought about the and sixty-three Indians killed on the other. Beyond all doubt, Mr. war- President, this exhibits alacrity and pluck on the part of the Army, The liherty allowecl them (the Indians) was to be circumscribed, and they brought bnt what shall we say in reference to it a.s a civilizing operation f to know and to feel, too, that thoy were tmrporary occupanta of the soil; and while The matter of expense has been urged as one important reason why indztlgently allowed to remain "~ any part of the territory, law, good order, and sobriety, and BUbserviency to the wlt.itcs must prevail . this Bureau should be transferred to the War Department. Although, as I have attempted to show, even if the arguments were sustained . This, then, was carried out by the soldiery until their outrages by the facts, this would not justify us in making the change; yet, upon them produced war. We know what the result was of their sir, I do noli believe the fact.s which really bear upon this point will bloody war. Take the language of Drake, the historian, (book 4, just.l fy us in believing the affairs will be administered more econom- page 121, chapter 18:) · ically under that Department than under the Interior Department. Nobody could have been surprised that a war in Florida should break out if they It is evident to every one who will examine the subject ev~n super- were at aJ.l acquaint~d with the cironmsta.nces which cansed it; nor could they have ficially that a comparison of the expenses incurred in the adminis- been much surprised that a hundred men in the midst of the Indian country should tration of these affairs under the former with those under the latter have been beset and slain, leaving »one to carry the tidings of such disaster. Our only surprise is tbat the work had no1i been done in a more sa.vage manner, and that afford no correct data by which to judge of this matter. The differ- only a monument of ashes of the slain had not marked the place whoro they fell. ence in the number of Indians under the care of the Government, the These things astonish WI, not the w1n· itself. impossibility of arriving at the amount of war or Army expenses on· Fifty million dollars spent, fourteen hundred and fifty-six lives from this account, must necessarily vitiate all such general statistics to the Army alone, exclusive of the marines and citizens, sacrificed in a such an extent as to make them valueless in our att-empt to arrive at war for which there was no justification whatever. But what was a correct conclusion on this point. But even these, unreliable as they the glory gained f Ah, sir, there is the point. There waa glory in are, do not favor the proposed change. that war; and what was it f On page 551 of this volUDie you find Even limiting the expenses to those directly chargeable to t.he Bu- this: reau of Indian Affairs and comparing them with the number of Indians under the care of this Bureau at the corresponding dates, the result List of officers of the United States Army and Marine Corps upon whom have is still in favor of the Interior Department. But, sir, this gives us no been conferred brevets for services in Florida, fifty-five. clew to the expenses incurred in the unnecessary wars in which we That was the glory. A war lasting seven years, costing$50,000,000, have been involved by the imprudence and unadvised action of tho · against a thousand poor Indians down in Florida, brought about by military forces sta.tioned among the Indians, or by the war policy circumscribing their rights and teaching them that they were only which has so repeatedly been brought into play, both before and aft-er temporary occupants of the soil until they undertook to defend them- t.he change in 1849, through military influence. We may add further, selves, and our glory was that fifty-five officers received brevets I as an item showing the unreliability of such statistics, that until re- Rather expensive brevets, I must confess, but they got them. This cently all estimates of the numbers of Indians in the various tlibes is one chapter in the history of the War Department in their control were as a rule purely guess-work, and not the result of actual count. of Indian affairs. Would to God it was the only one of the kind ! Our estimates of tbe comparative expenses under the two Depart- There is another that· relates to the Sacs and Foxes, another relat- ments must therefore be made, not upon the figures derived from past ing to the Creeks and Cherokees. And even since the Bureau has history, but upon what is now known; not upon the unworthy statis- been tmder the Interior Department it is stated positively by the tics of the past, but upon the prices and costs of the present. Commissioner in 18()8, and so far as I have seen not refuted, "That It is not supposed that Army officers and soldiers will cease their almost all the Indian wars which have depleted the Treasury and military functions and duties to become agents and employes, for this desolated our frontiers ever since the Bureau was given to the Interior is presuming that there is now a surplus of these which might be bet- Department had their origin in the precipitated and ill-considered ter employed than at present, which is most emphatically denied by action of the military stationed in the Indian country." Read, sir, the military authorities whenever an attempt at reduction is made. ,t he record given, officially charging the Sioux war of 1852-'54, the It follows, then, that no reduction in the number of agents and em- Cheyenne wars of 1864 and 1867, the Sioux war of 1866, and others ployes could be made under the War Department which cannot. as of scarcely less importance, to the imprudence and impatience of the well be made under the Interior Department, if necessary. Th~re military forces on the frontiers. And even now the war-cry is sound- is,_sir, no escape from this conclusion. In this respect it is therefore mg around the Black Hills to protect our citizens in violating the clear no reduction in expense could be made after the change which provisions of a treaty that we have solemnly made with the Indians. cannot as well be made without it. In the next place, the cost paid There is the war-whoop you hear to-day. On what justification f for articles purchased by the Indian Department-! call the atten- The Army marches to the Black Hills, marching there with bayonet tion of my friend from Missouri to this table to show the difference and sword to destroy the Indian. For what purpose t For the pur- in the cost price of purchases by the Army and by the Indian Bureau} . 3912 CONGRESSIONAL RECORD-SENATE. JUNE 20, inasmuch as be was a little surprised at my statement a short time The act of August 7, 1789, establishing the War Department, places ago. This table is taken fr~m au· official report: . · Indian affairs nuder that Department. As early as 1816 Mr. Craw- ford, then Secretary of War, suggc ts that Indian affairs ought to be Schedule showing the cost of beef supplies pltrchased by the War Depm·t- removed from that Department, and states briefly his reasons therefor. 1nent au£1 Indian O:Oice dtt-ring the yearsl~4 and 1875 for military posts (American State Papers,IndianAffairs, vo1ume2,page 27.) !flam not and Indian agencies at or near the san1,e places. mistaken, though lbavenot the reference at hand, -Mr.l\1onroe, in 18:l5,

  • t>, urges the same thing. And Mr. Webster, in a speech in 1H49, s:(,ys ~~ ~ a> f>, Milit..'tcy posts and Indian agencies. :1 t-hat Wa.shington and Jefterson suggested a home department, which indicates at least that they held the same view as to where thi Bn- reau ought to go. This view was repeatedly expressed during this ~ 0 a~ ;gt:..a ~a;~ '::ll>o -~iD~ part of our history, which I shall not take time to refer to, but I will ~ ~~g .;) ~ ~ ~00 delay for a moment to call attention to the last communication maue 1----- - by Mr. Robert J. Walker before retiring from his position as Secre- 1874 ...••. } Fort Hall, Idaho .. ." ..............•. { $5 00 $2 85 $2 15 tary of the Treasury, not only to show his opinion on the point now 1875 ..••.. 500 '2 40 2 60 11'l74 .•••.. ~ Fort Sully, Dakota, or Cheyenne { 3 74 2 761 971 Lefore us, but also to contrast bi broad and state man-like views on the Indian questions with those held by some of his pretended fol- 1875 .•.••. 1874 ...... Tu' la~ency, lerosa, New Mexico, or South { .Apache a"'ency. · 3 80 4 87 2 30! 4 48 1 49! 39! Lowers at the present day. 1874 } Camp VerCli, Arizon..'\, or Verdi { 6 19! 5 00 119~ In his communication he remarks: 1875 ...... ageucy. 4 86! 2 69 2 17! The duties now performed by the Commissioner of Indi::m Affairs are most nu- .1874 ...... ~Camp Bowie, Arizona, or Chiric::thua { 6 I!Jt 5 00 119! merous and important, and must be vast'y increased with the great number of tribes 1tl75 ...... agency. 4 Slit 2 69 2 17! scattered over T exas, Oref tho Secretary of War; and they shall receive no additional gathered in the school-rooms and gradually acquiring an education; pay by reason of the performance of the duties aforenamed thus transferred to them, other than the pay they may receive as officers and employes of the Army; as 1 see the females, now beasts of burden, step by step acquiring and the Secretary of War shall a.'lsign them their duties in connection with the su- their proper position in social life, it binds my heart to my country pervision, control, and management of Indian affairs, nuder such regulations as the by a new tie. As I lengthen my gaze and look a little farther, I see President may prescribe: Provided, That the execution of all laws ancl parts of wavin~ fields of grain and happy homes whore once roved the wild laws applicable to tho management and control of Indian affairs and of matters arising out of Indian rola.tioll8 is hereby transferred to, and placed under, tho con- buffalo and wilder savages; the children of these once savage hordes trol of the Secretary of Wari who is hereby empowered to, and shall exercise the have grown into manhood and womanhood; they have taken on them same authorit.y in the contro of all Indian affairs heretofore had by the Secretary the habiliments of civilization; and now no lo ger is the wild war- of the Interior; and all laws and parts of laws in conflict with tho provisions of tlus whoop heard from ocean to ocean, no longer is there need for a mili- act aro hereby repealed: Provided jurthff, That nothing in this act shall be con- strued to anthoiizo an increase in tho number, rank, pay or allowances of officers tary post, scout, or soldier on our borders of civilization, for we have of the Army in excess of that now provided by law, and its provisioll8 shall be ap- . none save the ocean bounds east and west and national bounds north plicable to officers on the retired list of tho Army, who, when on such duty, shall and south. I catch one more glance before the vision fades, and I receive full pay and allowance of tho rank in the regular Army hold by them at see these tribes, redeemed and Christianized, admitted to all the rights their retirement, as prescribed by law for officers on the active list. ' ' of civilization and citizenship, and side by side in these halls sit their The amendment was agreed to. representatives, and I listen in admiration while that native elo- The PRESIDENT pro tempore. The amendment heretofore reserved, quence, now educated and trained in all the arts of elocution and pending the fate of th13 amendment just acted upon, will now be read., oratory, thrills with admiration the attentive audience. Sir, could I The CHIEF CLERK. It is proposed to insert as lines B to 55 of sec- link my name with a measure which will result in this end, I wil1 feel tion 1. sure that it will live and endure while the rolls and rec.ords of time For pay of one superintendent of Indian affairs for the central superintendency, endure. $2,000. • For pay of sixty-eight agents of Indian affairs, at $1,500 each, except tho one at Mr. WINDOM. Mr. President, I move that the Senate take a recess Iowa, at esoo, namely : from twenty-five minutes past five unt.il half past seven o'clock . . I Six for tho tribes in Oregon, namely, Warm Springs, Klamath, Grande Rondo, fix the time at twenty-five minutes past five because the Senator from Siletz, Umatilla, and ){alheur agencies; Florida [Mr. CoNOVER] is very anxious for an executive session. I Five for the tribes in Washington Territory, namely, Noah Bay, Yakama, Col- ville, Nisqually, and Skokomish agehcies ; need not attempt to impress the Senate with the necessity for this Three for the tribes in California, namely, Hoopa Valley, Round Valley, aml night session. Every Senator must understand it as well as I do. Tole River agencies; There is but this one proposition in the bill that will occupy any Two for the tribes in Nevada, namely, Pi-Ute and Walker River and Pyramid time. The evening is cool and pleasant, and with a recess I am satis- Lake agencies; Three for the tribes in Idaho, namely, Nez Peroo, Lemhi, and Fort Hall agen· fied that we can close this bill to-night. If we do not take a recess cies; we shall probably adjourn half an hour ·hence, and spend the entire Four for the tribes in MontAna, namely, Flathead, Blackfeet, Crow, anrl. Fort dav to-morrow. We have no day to spare. Peck agencies; Mr. EATON. I move that the Senate adjourn. Eleven for the tribes in Dakot.a., namely, Red Cloud, Spotted Tail, Yankton, Ponca, Crow Creek, Grnnd River, Cheyenne River, Fort Berthold, Sisseton, Devil'a The PRESIDENT pro tempore. The Senator from Connecticut Lake, and Lower Brule agencies ; moves that. the Senate a-djourn. One for tho tribes in Wyoming, namely, Shoshone agency; Mr. CONOVER. I move that the Senate proceed to the consider~ One for the tribes in Utah, namely, Uintah Valley agency; tion of executive business. I will state-- Five for the tribes in Now Mexico, namely, Pueblo, Abiquiu, Nav(\jo, Mescalero, Apache, and Southern Apache agencies; The PRESIDENT p1·o temp01·e•. The motion of the Senator from Three for the tribes in Colorado, namely, Los Pinos, White River, and Southern Connecticut has priority. His motion is that the Senate do now ad- Ute agencies ; journ. Six for the tribes in Nebraska, namely, Great Nemaha., Omaha, Winnebago, Pawnee, Ottoe, and Santee agencies; • Mr. EATON. I withdraw it for the motion of the Senator from One for the tribes. in Kansa-s; Florida. Seven for the tribes in the Indian Territory, namely, Sac and Fox, Quapaw Mr. EDMUNDS. Let us settle the recess first. Osa~e. Kiowa and Comanche, Cheyenne and Arapaho, and Wichita agencies; and The PRESIDENT pro tmnpore. Is the motion to adjourn with- one for the Cherokees. Creeks, Choctaws and Chicka.e allowed for this agency, and no employ6s except teachers; For the support of a. school at said agency, $1,000 is hereby appropriated. Mr. CONOVER. The Senator from Connecticut, !understand, with- draws his motion to allow me to have my motion considered. Mr. WINDOM. I move to strike out after the word "agency," in Mr. WINDOM. I have allowed time e~ough for an executive ses- line 52, the words, "and no employes except teachers." 'Jion. The amendment to the amendment was agreed to. . c • \ . I"< 1876. CONGRESSIONAL RECORD-SENATE. 3915 Mr. WINDOM . . I inove n.lso to strike out lines 54 a.nd 55, as they The PRESIDENT pro tempore. This concludes the amendments of are provided for elsewhere; they are by mistake duplicated: . the Committee on Appropriations. The bill is open to amendment. For the support of a. school at said agency, 1,000 is hereby appropriated. The bill was reported to the Senate as amended. The PRESIDENT pro tempore. Shall the amendments be concurred The amendment to the amendment wa-s agr~ed to. in in gross! The PRESIDENT pro tempore. The question is upon the amend~ Mr. DAVIS. I ask what has been done with that portion of the ment of the committee ns amended. hill relating to the transfer of the Indian Bureau f . Mr. CHRISTIANCY. I call for the yeas a.nd nays. The PREt:;IDENT pro tempore. The amendment ha-s been agreed to. The yeas and nays were not ordered. Mr. DAVIS. Of course that amendment will have to be reserved. The amendment, as amended, was agreed to. It is generally known that I make no objection to anything that is The next reserved amendment of the Committee on Appropriations done. When I entered the Chamber there were but few Senators was to insert a-s lines 55 to 143, the following words : here, and a vote was being taken. I had no idea that on any amend- Two of the tribes in Wisconsin, namely, at the Green Bay and La Pointe agen· ment on which there was a question a vote would be taken. I thought cies· this amendment would De passed by, and therefore I said nothing. O~e for the tribes in Michig:m, namely, at the l!aokina<~ agency ; One for the New York Indians, namely, at the. New York agency; It is well known that there are two or three Senators on this side of Four for the tribes in Arizona., namely, Colorado River, Pima and Maricopa, San the Chamber who wish to speak on that amendment. _, Carlos, and Moquis Pueblo agencies; in all, $101,000. The PRESIDENT p1·o tempore. The Senator can reserve it. For pay of six special agents, nat?ely, one for the Chippe~~ at ~ La~e ; on.e Mr. DAVIS. I understand that very well; but I hardly thought for the Pillagers at Leach Lake, Minnesota; one for the M1sston Indians m Cali- fornia; one for the Eastern Cherokees and other Indians inNorth Carolina;. ami the Senator from Minnesota having charge of the bill would press the two for the tribes in Washington Terntory, namely, Tula.lip and Quina.i&t. a.t amendment to a vote in committee. I understand that· as it now 1,500 eacb, $9,000. stands a vote cannot be taken upon it. For pay of one chief clerk, 81,600 ; one assistant clerk, $1,200; and one copyist, $600, for tile Central superintendency, $3,(00. The PRESIDENT pro tempore. The vote can be taken upon it in For pay of seventy-seven interpreters, a-s follows: the Senate. The bill is now in the Senate, and the question is on con- Se\'en for the tribes in Ore~on, namelv, two for the Klamath agency, and one curring in the amendments made as in Committee ~f the Whole. If each for the Grande Ronde, Siletz, Umatilla., Warm Spring, and Malheur, at $500 the Senator from West Virginia wishes to reserve the amendment per annum each ; ~ix: interpreters for the tribes in Washington Territory, to be assigned to such referred to, the vote will be taken separately upon it. agencies as the Secretary of the Interior may direct, at$500 each per annmu; Mr. DAVIS. I understand jnst how it is. The bill is in the Senate; Two for the tribes in Idaho, namely, at Nez Perce and Fort Ha.ll agencies, at$500 but there are two or three Senators who wish to speak upon the amend- per annum each; ment to which I refer. I shall probably vore with the Senator from Three for the trtbes in Nevada, namely, ntPi·Ute and Walker RiverandPymmid Lake reservations, at $500 each; Minnesota upon the bill; but I think it unfair to those Senators that Five for the tJibes in Montana, namely, one each at Flathead, Blackfoot, and we should hurry it along in that way without giving them an oppor- Crow, ami two at Fort Peck agencies, at $400 each; tunity to speak before the bill was reported to the Sega.te. · I do not Twelve for the tribes in Dakota, namely, two at Fort Berthold, and one each at Red Clouft, Spotted Tail, Yankton, Ponca, Crow Creek, Grand River, Cheyenne know what amendment they may desire to it. They may desire to River, Sisseton, Devil's Lake, and Lower Brulll agencies, at $~00 per annum each; make some amendment to tbe amendment. I hope it will be with- One for the tribes in Wyoming;, at the Sho hone agency, at 500; held for a few minutes at least, until one or two of those Senators One for the tribes in Utah, at $500 per annum; come in. I saw one as I came along who had told me previous to the Seven for the tribes in New Mexico, namely, two for the Navajo agency, an~ o~e recess that he intended to speak upon the amendment. I think it each for the Cimarron, Mescalero Apache, Southern Apache, Pueblo, and Abtqmu agencies, a.t $500 each per annum; would be better not to hurry, but to wait a few minutes. Three for tbe tribes in Colorado, namely, Los Pinos, White River, and Southern .Mr. WINDOM. I certainly have had no desire to hnrry the bill. I Ute agencies, at $500 per annum each; will say to my friend from West Virginia that the amendments came Sevro for the tribes in Nebraska, to be aasigned to such agencies as the Soore- taJ·y of the Interior may direct, at $(00 per annum each; up in their regular order. A.s I understood the recess, we were to For tho tlibes in Kansas, $500, to enable the Secretary of the Interior to supply meet at half past seven. It is now a quarter of an hour past the time. temporary interpreters; I had not taken the tronble to count the Senate. It looked a littlu Etght lor the tribes in the Indian Territory, to be assigned as the Secretary of sparse, I know, at the time were-assembled, but I had my eye upon my the Interior may direct, at $400 per annum each; and $600, or so much thereof as may be necessary, to enable the Secretary of the Interior to supply temporary in· friend from Vermont, [Mr. EDMUNDS,] who always makes a quorum, terpreters for the semi-civilized tribes; .. and I had no doubt that there wns a quorum in the Chamber. Three for the tribes in Wisconsin, namely, one for the Green Bay and two for the Mr. DAVIS. I will not ask the question whether or not a quorum La Pointe arrency, at $100 ea{)h; is present. The Senator from Minnesota knows whether there is or Four for the tribes in Minnesota, namely, Boise Forte, White Earth, Red Lake, and Leach Lake special agencies, at 400 each ; . not. It is hardly worth while to call the fact in question. Two for the tribes iri Michigan, namely, Mackina{) agency, at $400 each; Mr. ·wiNDOM. I desire to take advantage of no one, certainly, Six for the tribes in Arizona, naniely, two for San Carlos, and one each for Colo- Mr. President. rauo River, Pima and Maricopa, Moq uis Pueblo, and Papago agencies, at $400 each; Mr. DAVIS. Of course there is not a quorum here now. making forty-seven interpreters, at 400 each; thirty mterpreters, a.t 1500 each; and $1,100 for t-emporary interpreters; in all, $3(,900. Mr. WINDOM. If the Senator from West Virginia or any one else For pay of three Indian inspectors, at $3,000 each, $9,000. desires to be heard, the question is now open and he can address the For necessar traveling expenses of three Indian inspectors, $6,000. Senate on the amendment, having first reser't ed it. For buildings at agencies, and repairs of the same, $15,000. Mr. DAVIS. I probably will agree with tle Senator from Minne- For contingencies of the Indian service, including traveling, incidental, current, and contingent tlx:penses of superintendents and agents, and of theiroillces, fJ(),OOO. sota. upon the bill. I know his fairness and ihat he has no desire to get rid of any question. We know there was a speech, and a very The amendment was agreed to. able one, made this evening on one side of tho question, and I think The next amendment was in section [ 4,] 3, to strike out in line 3 the I probably said to the Senator that there would be'one or two more words, "made to Congress of the operations of the Department hav- Senators on this side who wi,shed to address the Senate on the sub- ing charge of the Indian service," and to insert the words, "of the ject. Commissioner of Indian A1fairs ;" so as to read: Mr. WINDOM. What doM the Senator desire now f Tba.t in all lettings of contraots in connection with the Indian sernce the pro- Mr. DAVIS. I desire more to take time until those Senators come posals or bicls received shall be tiled and pre-served, and in the annual report of in than anything else, and probably that is the rea.')on I am speaking the CoiJJmissioner of Indian Affairs there sha.ll be embodied a deta.il.ed or tabular statement of a.ll bids, &c. now. Mr. WINDOM. The Senator has the floor and can move a. call of The amendment was agreed to. the Senate. Perhaps the Senators to whom he refers will be in by The next amendment was in section [ 4,] 3, line 11, after the word that time. "received," to strike out the following words: Mr. KERNAN. I desire to inquire whether the bill has been re- And 'an abstmct of all bids or proposals received for the supplies or services em- ported to tho Senate t brace-d in any contract shall be attached to, and 6led with, the said contract when The PRESIDENT pro tem.pore. The bill ha-s been reported to the the same is fi:Iecl in the office of the Second Comptroller of the Treasury. Senate, and the question now is on concurring in the amendments The amendment was agreed to. made as in Committee of the :whole. The next amendment was to strike out section 6, as follows: :Mr. KERNAN. On that I ask for the yeas and nays. I desire to SEc. 6. That the distribution of all annuities, goods, and provisions shall, as far say that, like the Senator in charge of the bill, I relied on the Senator a-s praoticable, be made at the various military posts. from Vermont to see whether there was a quorum. I did not get here The amendment was agreecl to. quite soon enough. . The next amendment was to strike out section 7, as follows: :Mr. WINDOM. The Senator misunderstood my meaning. I did not rely on the Senator from Vermont in that sense. SEC. 7. The certificate of a judge of the district court of the United States, or of a judge Qf the supreme court of any Territ.ory, given under the seal of the court, Mr. KBRNAN. I said I did; but I got in the Chamber ten minutes attached to the application of any citizen of the United States for license to trade late. with the Indiana, which certificate shall set forth that such person is of good moml Mr. EDMUNDS. I am surprised to hear my friend from .New York character and a fit person to be in the Indian country, shall be :wcepted by the say he was a little late. I supposed he was here in obedience to the agent to which,it is direct.ed, and by the head of the Department in charge of Jn. dian :t.flairs as conclusive eviclence of the fitness of such person to receive a license rules of the Senate. I kept my eye on the Chair, and I had no doubt to traue with the Indians, subject to tho provisions of law and regulations issued I was suppor~u by my friend from New York and all the democracy. in accordanCtl therewith: and upon compliance herewith a license shan be granted They are always here. to the applicant, which license shall be a-pproved by the head of the Department Mr. KERNAN. I will say to my friend tb[tt I got here a little late; having jurisdiction of the Indian affairs. · but I have been here for some minutes. I desire to have the yeas and The amendment was agreed to. nays to see whether there is a. qnorum to begiu wiLh. 3916 CONGRESSIONAL RECORD-SENATE. Jm~ 20, Mr. EDMUNDS. If we have a call we can find out who are here. and t~e ~uties now intrusted to and perlorme of New York and their advance in civilization nor of those on that amendment depend all these other amendments. ' . in Michigan. Senators who represent those States understand that Mr. KERNAN. We had better dispose of that first. llr. ALLISON. AP, I understood the Senator from Tennessee he matter better than I do. I speak of those who live in my neighbor- asked for a separate vote upon all the amendments agreed to in dom- hood. and to who adva~c~d, I know, far b{'yond their original nomadic mittee. The amendments which do not relate to the transfer of the relations a condition of civilization and Christianity while the Indian Bureau was entirely and exclusively under the control of the Indian Bureau can be taken up and acted on now. Mr. KERNAN. We had better dispose of them afterward and War Department, and whose condition has not at all been bettered by the peace poli~y. Facts. speak louder than any theory. settle this question first. ' Mr. ALLISON. Very well. . It has been said that this transfer was made under a democratic The PRESIDENT pro le11Jpore. The question is on the amendment fer.know administration. Those of us who remember the history of this trans- striking out the third section as proposed by the Committee on Ap- tenor Depar~ent very well that it was in a whig administration that the In- propria.tions. It will be reported. was created, and it was in a whig administtation The CHIEF CLERK. The Senate, as in Committee of the ·whole that the Ind1an Bureau was transferred to the Interior Department. I ~m speaking of. a h.istorical fact, and we all, who remember any- struck out the third section of the bill, in the following words: ' thing ab<;>ut the history of that transaction, know perfectly well that SEc. 3. That the office of the Commissioner of Indian Affairs is hereby abolished the Intenor ~epartmentwas established in order to get the ability and !Wd the salary he~etofore. paid to such officer shall cease, and the offices of super~ statesmanship of Thomas E~ing into the Cabinet of President Taylor. mtendents ~f lndiall affairs, clerks to the same, of ag nts and special agents, in- terp~ters, mspectors, and all other employes of the Indian Bureau are hereby Mr. LOGAN. I do not wtsh to controvert the proposition: but in- abolished ; and the salary heretofore paid to such officers respectively shall cease ; asmuch as the Senator differs with me in my statement that it was 1876. CONGRESSIONAL RECORD-SENATE. 3917 done in a democratic administration, alth·o ugh it is entirely irnmate- looked very" thoroughly into this questi{ln. In speaking about the rial, I wish to call his attention to the fact that in 1034, wh~n the law cost of the Indian Bureau the Senator finds the millions of dollars was passed by Con~ress under which the transfer was made in 1849, that he is speaking about. If he will only examine the case a little a democrat.ic admimstration was then in power. further, he will find that the majority of this expense is simply to pay Mr. MAXEY. The administration of Presiuent Taylorwa.s inaugu- annuities to the Indians for property, their lands, &c., which we pur- rated in 1849, on the 4th of March. chased from them since they were under the control of the War De- ltir. LOGAN. Th~ Senator well remembers that the Interior De- partment. There is only a little over $2,000,000 of that expense, if partment was organized in 1849, but the Indian Bureau was taken the Senator will examine it; that is really in fact the expense of the from the War Department (which was not done until1849, when the Indian Department. The Senator will see further, when he cuts off Interior Department was organized) under the law of 1834, which was the annuities under the treaties that have to be paid and takes the passed in a democratic administration. year 11:338, (I think it was 1838; it was somewhere between 1830 ami Mr. ~.:lA.4-EY. As a question of history, (though not material, still 1840,) it is more than the expen~ of the Indian Bureau has ever been it is best to be accurate,) the lnuian Bureau was never transferred to from that day to this. Tl!at of course is when yon take out the the Interior Depart-ment until in 1849, when that Department was amount of money that is paid them under treaty for lands purchased established, while it is true, as a question of history, that the In- of them. dians were under the control of tho War Department from 1789down Mr. MAXEY. I think I know perfectly well all about that trans- to 1849. It is also true that the Bureau itself was not organized as a action. It was in the years 1836, 1837, and 1838 that the Cherokees, bun~au until the year 1832. Choctaws, and Chickasaws were removed from east of the Mississippi It has been said that under the control of the War Department the River to their present home, west of Arkansll>S and north of Texas. expenses were greater; that there was more extravn.gance !luring The United States by treaty had acquired the magnificent country those days than since the peace policy was inaugurated. Is that which these Indians owned in the State of Georgia, the State of true f I had the honor upon the 6th of March last to offer a resolu- Mississippi, and a portion of the States of Tennessee and Alabama, tion of iuq uiry in these words : and had ceded to them the country they now occupy, and it was dur- That the Secretary of the Interior be, and he is hereby, directed to furnish for ing those years that the Indians were removed from that country to the information of the Senate, if not incompatible with the public interest, a state- where they now are at an enormous expense, fully shown by the fiO'- ment showing the annual expenditures of the Inilian Bureau since its organization ures for those years in the tabular statement already read. Whole to the present time, and also the number of Indians provitled for at the expense of the Government each yoo.r since the organization of said Indian Bureau. tribes of them were removed _at an enormous expense and transferred to the country west of Arkansas and north of the Red River, and but That resolut.ion was unanimously adopted by the Senate, and the a few miles from where I live. It was on that account that those Commissioner of Indian Affairs addressed to the Secretary of the In- expenses during those three years, 1836, 1837, and 18S8, ran up to the terior a communication accompanied by a tabular statement showing increase which I read to the Senate. After this was accomplished, it the number of Indians each successive year from 1832 down to and dropped down, as I have shown, in 1849 to 1,374,161.55. The figures including 1875, to~ether with the expense annually of providing for show the correctnest~ of the statement which I make. those Indians. It 18 true, he states, that there is nothing in his Office In support of the position which I have taken in regard to this which makes this an absolutely certain statement, but that it approxi- dual system of supporting under one system of commissary and quar- mates, and he places it in the possession of the Senate for what it termasters the Army and under another system the Indians at the may be worth. At all events this paper is such a one as ought to con- same post, I will read the testimony of General Mackenzie, one of the tain the truth, and, I presume, does contain as near the truth as can best officers in the United States Army, and a man whose testimony be furnished by that Bureau. upon an Indian question is as good as that of any man in the Army. The figures furnished by the Commissioner in response to the reso- I happen to know something about General .Mackenzie. While on lution are as follow~: t·he Rio Grande he was a terror to Mexican cattle-thieves, and in quick pursuit drove them across the river, as he ought to have done, Year. Popu1a- Expenditures. Year. P01fula- Expenditures. and this or a like policy is essential on that frontier. There is not a tion. tion. man in the Army whose testimony can be more relied upon. I will - refer to what -he says on this very point. I .r.ead from a document 1832 . __ _.______ 70,000 $1, 3a2, 419 75 1854.. .....• 92, 000 $1, 550, 339 55 furnished to the Forty-fourth Congress, first session, report of com- 1833. --- ~ --- . . 70, 000 1, 80-2. 9!:0 93 1855 .. , .... . 1t 56. _______ 92.500 2. 7i2. 990 78 mittee No. 354~ made in the House of Representatives on the 9th of Hl.\4.---·----- 70,000 1, 003,953 20 98, 700 2, 644,263 97 18J5. _____ --- · 70, OQO 1, 706, 444. 48 1857 ________ . 99,000 4, 354, 418 87 March, 1876, and ordered to be printed. H is an official document, 1M36 . _________ 73,000 5, 0.17, 0..!'2 ~ 11'58 . .•...•. and I read from the st.a tement ·of General Mackenzie: 108,300 4, 978, 266 18 18:!7 74, 600 4, 348, 036 19 1859 . ..•.... 10CI,f>OO 3, 490, 534 53 Should the Government propose to conduct its Indian affairs without reference 18.'18 . --· -·-- .. 75, 000 5, 504, 191 34 1800 ---- ··- 110, 000 2, !)91, 121 54 to political party, its transfer to the War Department wouJd be verv advantageous 1t39 ...•••. - -· 77, 500 2, 528,917 28 1861.. - ---- -. 115,000 2, 1?65, 481 17 to the P1d1ans1 and no pa.rticu1'tr disadvantage to the Army. If t,he question of 1840.-.- -~---. 79,500 2, 331,794 86 18fo2 . ---·--- _______ · 119,500 2, 327, 948 37 party politics IS to bo kept in view in its management, with which tho affairs of £(), 500 1J8, f>OO 1 ~63 . 1841. .. - - - -• - . 2, 514, 837 H 3, 152, 032 70 Indians have no rational connection, its transfer Will be a. very great disadvantage 1842 ---·· -·- · 80,500 1, 199, 099 68 1864 . -··---- 138, 7()0 2, 62!), 975 97 to the Army, and of no special benefit to anybody else. 1843 . _____ .- -· 82.000 *578, 371 00 1865 . ....... 140, 000 5, 059, 360 71 As a sensible matter of government, this transfer is an apparent necessity. The 1844 ....... -- · 82, 000 1, 256. 532 39 18C6 . _------ 142,000 3, 295, 729 32 dual system, as applied to the tribes which need the continual pl'esenco of troops. 1845 . 8~. 000 1, s:m, 351 35 1867. ····--- · 142,000 4, 642, 531 77 is probably as great an absurdity a.s has ever been conceived ; while tho affairs of 1846 . ...•..... 1847.. ________ ~. ooo 1, 0~7' 693 64 1868 --·-·-- · 150,000 4, 100, 02'2 32 the tribes whicb are uncivilized can just readily be administered by the War 83,000 1, 430, 411 30 1!:69 . _______ 161,000 7, 042,923 06 Department, and indeed there are certain advantages which, from having an estab- 1818.. •• -- . - - . 83,000 1, 252. 296 81 1870 . ------- 169, 300 :l, 407,9:38 15 lished system of supply, are enjoyed by the War Department, and which have with 83, 000 1, 374, 161 55 191, GOO 7, 425,997 44 1850....... 1849 --- _· ________ 85,000 .1, 66J. 5n 47 11"71 -- ---·- 199, 900 7, 001, 728 82 difficulty to be duplicated by the Intel'ior Department. To explain what I mean: 1872 -- ··-·- It is necessary to purchase flour for the use of troops; it is just about as CMy to 1851.-------- · 85,000 2, 829, 801 77 1873 -··-··- · 201. fl)() 7, 951, 704 88 purchase a much larger amount and include the Indian supply. To purchase for 1E!i2 -··----- · 1853 ... -·- ·-- · 87.500 90,600 I 3, 04:J, 576 04 3, 880, 4!J4 12 1874 -- · ···- 1875 . ---··-· · 203, 000 ~.600 6, ()!)2, 462 09 8, 384, 656 82 the Army the War Department is obliged t., keep in the 11.rge market-s officers Re- ected for that very purpose, and the Indian supplies may a.s well be procured by them. *For the half year, from January 1, 1843, to June, 30, 1843. The statement of ex- I am now talking dollars and cents as a matter of common sense penditures is by calendar years t.o 1843, and by fiscal years from that time. and common economy. I see, as every other man must see who knows From t.he population as given in this table the number of Cherokees, Choctaws, anything about this thing of supplies, that where you are compelled ancl Chickasaws, anti Six Nations of New York has been uniformly excluded. - to keep a set of officers for the very purpose of purchasing supplies These figures show that the expenses of the Indian Bureau have in- they can purchase one thousand barrels of flour, for an instance, on creased from $1,374,161.55, the expenditure in 1849 when the transfer better terms than they can purchase one hundred, because of the was made from the War Department to the Interior Department, to larger bulk, and there will be but one set of officers to pay. For that the enormous snm iu 1875, under the peace policy, of 8,384,656.82. reason this dual system is, as was staied by General Mackenzie, an en- Under the present policy, it is necassary for the Government to have tire absurdity as a business transaction. He says further: a separate Commissary Department for the feeding and providing of Thie, of course. applies to all tribes who receive a.nythin~ whateverfrom the Gov- the Indians, and a separate Quartermaster's Department, if you please ernment, peaceable OI.' hostile, and is entirely independent of any qnestion of the employment of the force needed to sustain authority. to call it by that name, for that is what it is,ior furnishing clothi11g, The- wilder tribes, to the government of which allusion has been·made in a former blankets, &c., to the Imlians. Clothing and tmbsistence have to be part of this paper, and wJ.t h whom the presence of troops is so thoroughly under- furnished through this Indian Bureau for the Indians. Clothing and stood that the mere mention of the fact 18 considered necessary, can onl.v rationally subsistence for the Army have to be furnished by the Qur~rtermast~r's be ruled by tbQ..War Department. • The troops must bo near therr agencies; they must be a visiblb power. and Commissary Departments of the Army, and this clothing and this Now, it appears to be the desire of the best people of the United States that these subsistence go to precisely the same post.s where the Indian Bureau Indians should be kindly, though resolutely, governed, and for that purpose the sends its clothing and subsistence for the Indi..'tns. ·we have two sep- very best C.'lpa.city which the Government can employ should be used. arate and distinct systems, whereas every business man knows that h oThe success of an officer from the day he enters the line of the Army till the day ceases to belong thereto is mamly a. question of the kindl:v government of other under one system the expense could be very largely reduced. That is · ruen, and would seem the very best preparation for t ho firm, kindly control of these the testimony of every officer of the United States Army who has bands. It is a. question, too, of integrity of a:lministration, and to an officer 's suc- spokeu upon that question. . cess a strong suspicion of a dishonest act (though it may not be proved or drive Mr. LOGAN. Will the Senator allow me at that point to make one him at once from the service) is fatal. suggestion, if it does not annoy him f · That is the view of an enlightened, intelligentofficm;who has spent . Mr. MAXEY. With pleasure. It is no annoyance. the best years of his life Qn the fr.,ntier, actively enga.ged face to · Mr. LOGAN. We all want to get at the fact.s, of course. I have face ·with those Indians, and who ktli)WS whereof he testifies. It is 3918 CONGRESSIONAL RECORD-SENATE. JUNE 20, of the very best evidence a.ccording to all the rules of courts of respect power, and ~t is about the only thing. that they do respect, justice. I will go one step further. I will now read the statement from my know ledge of them. made l>y William T. Sherman, the General of the Army of the United But we are told that if this policy is adopted it means war. What States. Will any one gainsay his testimony in a case like this T His does tho General of the Army say T integrity is beyondallquestion. Hisintelligenceall will admit. His And, were the troops to be withdrawn, instant war would result. observation bas enabled him to speak confidently of that whereof be I am proceeding, Mr. President, on the theory that this is a question speaks, because it has been his duty to make himself thoroughly con- of fact, and, being so, that it is my duty, in support of the position versant with the facts in regard to the correct treatment of the Indians. which I have assumed, to introduce the best evidence of which the He bas had personal observatioiJ because be bas been out there among case is snsceptible, and I am 'giving the evidence of men who were them and bas judged for himself. When asked the question what raised and educated by the Government and know whereof they tes- he believes the true policy to be, be a~swered as I will read from tify, and are sent by the Government into that very country to make the same document: themselves personally cognizant of the foots in regard to the matter. General Sherman was asked this question, on page 8: They are the best witnesses. What is your ()pinion as to the propriety of transferrin,~t the Indian and Pension Bureaus to the War Department 'I Mr. Pre8ident, I fear that I am occupying more time than I de- I will confine what he stated exclusively to the Indian Bureau, be- signed; bot this is a very grave question to many of us. The Sena- cause we have nothing here to do with the Pension Bureau. To that tor who occupies the chair [Mr. FRELINGHUYSEN] does not feel it as I do. The Senator on my right from Nebraska,LMr. HITCHCOCK,] he answers: and other Senators whom I could name, whose States have suffered The transfer of the Indian Bureau would result in. eoonomy and efficiency. by Indian raids, feel the importance of this question; and we trust That is the opinion of General Sherman; but we are told by the that the Senate will at least pay us the honor of listening to our Senator from Illinois that we hear nothing in regard to this transfer arguments in behalf of the position which we have taken. except from officers of the Army. Are we left to infer in these latter If it be the policy of the Government, as I believe it is, to save the remnant of days of ours that the fact that a man wears the uniform of his coun- these tribes, it can only be accomplished by and through military authority. try and marches.under its flag thereby makes him unworthy of belief T Does it follow that because it has been made the duty of these offi- Ah l but we are told that if they are transferred to the military cers to specially know the faets whereof they speak, that because power it means extermination. The General-in-Chief of the Army they are officers of the Army, therefore they are unworthy of credit f says the only way to save the remnant of these tribes is by trans- Why, sir, the time was when the very fact that a man wore the uni- ferring them to the military authority. form of his country gave him a cm·te blanch~ to the best society in Mr. LOGAN. Does not the Senator believe that if be would ask America or in the world. I doubt not the same is true yet. But, sir, the officers oi the Army if they could not perform the dut.ies of the is the experience of William T. Sherman limite41 to the Army T Not diplomatic corps better than they are being performed they would at all. He has ha-d large experience not only as an officer of the answer that they could; and so of every department of the Govern- United States Army bot in civil life. No man is better qualified to ment, would he not get an affirmative answer to such a question f testify in regard to the true policy of the Government in respect to Mr. MAXEY. I am sure I should not. Indians than General Sherman, having as be has the experience and Mr. LOGAN. I think he would. observation of the civilian as well as the soldier. . But what further Mr. MAXEY. I regard theA.rniy officers as high-minded honorable g~ntlemen; men as upright and as pure as the Senator from illinois and does· he say T The present Army is now s~tioned in small detachments at military posts, myseJf. They speak in regard to this question because it bas been chiefly at or near these reservations, to keep the peaoo between these Indians and the study of 'their life-time, and their testimony has ,f or th~t reason their white neig-hbors, between whom there has always existed a conflict of inter- been sought and brought out by the other House. There 18 not an est and natural hostility. Now, as the military authorities are already charged officer of the cavalry or an officer of the infantry, from the highest with the duty of keeping the peaco- to the lowest, but has served his apprenticeship right in the Inle its efficiency, or iu tho event of entirely credible,·and reliable witnesses. war to render necessary the sudden transfer of an important branch of the public . The Indians. more t".specially those who occupy the vast region vst of the Mia-.. 11er\'ioo to unnied civilians, in order that the Army officers might go to the field . sissippi, from the Rio Grande to the British line, are natural wartRI'rs- The le~timate benefit that would be conferred upon tho e Bureaus by the tt'8Dsfer would arise mainl.v from the· introduction into them of the fundamental principles Yes, sir, tha.t is true; the General of the Army states the truth- upon which the military department is organized, and the civil departments also, are natural warriors, and have always looked to the military rather than to the of all well-administered governments; that is, the tenure of office depon!lent upon civil agents of the Government for protection or punishment. good bebavior, instead of npou the ever-varyin~ phasflS of political controversy, wit,b the necessary maA:Jhinery for the certain detection and puuisbment of official crimes. I state it here as a fact that you may start out to-day among the Th~ difficulty of aclopting this principle in the civil departmen ~s of our u-.,vcrn- nomallic tribes a econd lieutenant with a dozen men of the cavalry, light mentis doubtless very great, and the experiment, if anybody re~J:arlls it in t.Le of an experiment, could not be more fairly ma.;le than by a tran.s for of Ue with the Commissioner of Inuian Affair3 or the superintendent or the Indian and Pension Bureaus to the War Department. Secretary of the Interior, and the chiefs will pay deference to the On page 33 General McDowell says: officer without the slightest respect to the civilian 111ore than is en- If, however, witl1 the transfer of the Indian affairs, yon will re-organize tbe forced by t.he presence of the troops. It .is their nature. They arc Bureau by substituting commancling officers of posts for Indian ~ents, and mili- natural warriors, and they are taught to respect pow or, n.nd they do tn.ry district and department commanders for superintendento of Indian affairs; • 1876. CONGRESSIONAL RECORD-SEN .ATE. 3919 by having the officers of t.he Quartermaster's, Commissary, and Medical Depart- Does anybody look into these things more carefully then the In- ments of the Army make all contracts for Indian supplieR, transport, mrre for, issue, spector-General of the Army t and account for them; by having all payments to. or on account of, Indians mrule by the Pay Department of the Army, and by h:tvin~ an officer detailed by the War My reasons for this a.re set forth at length in a paper which I had the honor to Department to act as Corumissi1mer of Indian Affa1rs, I am of opinion it would bo furnish you a short time since. a. good thing for the Indians, t.he Treasury, and the country, and a very disagreeable This paper is to be foun on page 145'at large. General Palmer, of and thankless one for the Army. the United States Army, who commenced in the Mexican war, in the Why, sir, according to the Ba.conian theory of induction the con- year 1846 in the rifle regiment thirty years ago-1 speak advisedly, clusion is absolutely irresistible, because here you have an array of because we were of the same class-and has served the most of his intelligent, enlightened, and truthful witnesses, all c<•nverging to one active life for thirty years npon the western borders among the In- common point, driving, burning the thought which they desire to dians, in the cavalry and in the mounted rifles, says: euforce into the very hearts of those who hear it; we cannot avoid With regard to the transferring of the Indian and Pension Bureaus to the War its irresistible force. Department, I will give it as my opinion that t.he pensioners of the Army could be On page 37 General Terry says : paid by the disbursing officers of the Army without any great increase of the ex- pense; aud if the money appropriat.ed for the Indians were placed in the hands of I have so little acquaintance with the business of the :Bureau of Pensions that I Army officers, it would all be disbursed fairly and honestly; but then what would am not able to express an opinion upon that part of this question which relates to become of the noble army of Indian agents who think it very bard if they cannot it; but I am decidedly of opinion that the :Bureau of Indian Affairs should be trans- make a fortune in a very few years on a salary of $1,500 a year 1 ferred to the W_a r Department. Ah, Mr. President, iho grand fight that has been made outside of On pages 40 and 41 General Ord says: the Congress of the United States a.gainst the transfer of the Indian Question. Do you think the transfer should be such as to put the ent,ire control Blll"eau from the Interior to the War Department is covered by that of the whole Indian matter into the :possesl'ion of the War Department 7 very expression. It is the noble army of martyrs at 1,500 a year that Answer. I think to have it mixed 1t would be worse than at present. Each De- grow fat in four years. Look at your Red Cloud agency, look at the partment would be able to accusQ the other of short-comings. It ought to be en- tirely transferred, and, as far as practicable, under the control of permanent officers developments which have been made everywhere in proof of this fact. of the Army. It was formerly under. control of t.b e War Department, and officers It is said that these gentlemen are wonderfully Christian, in fact :were sometimes asRigued to temporary duty in the Indian Bureau as ex officio agents. they have risen to the di~nity of Christian statesmen, and therefore My father was Indian agent for fifteen ot· sixteen years; under the War Depart- merat nearly all the time. . . it will not do for an outside barbarian like myself to have anything Q. Tell us briefly what some ofthe adn.ntageswould be over t.he present system to say in regard to them. I will let Captain Guy V. Henry give his by the tl'ansfer ot the contt'Ol of the Indians entirely to thl" War Department.. statement, a captain in the Third Cavalry, and I judge from his rank, A. Promptness in the delivery of rations a.uclsupplies. We have to deli vert hem which is that of brevet colonel in the United States An:!ty, that he has now t.o troops in the immediate vicinity of the agents, and the same machinery, in a m~sure, could do both. . seen some service. He says : The reduction of the number of eruploy~s. A very large reduction wonln oc- As to the transfer of the Indian :Bureau to the War Department, I should con- cur. The clerical duties here at Washington ann at department headquarters per- sider it a matter of economy, because the very officers who issued to the troops at formed by general-service men would be very materially reduced. Camp Robinson last winter, for instance, could have made the issues to the Indians Another advantage would be maintaining peaceable relations, because, if we bad at the sl.l,me time, and thus have avoided the existence of this agency. So far as I to fight the Indians, we should want to do 1t as rapidly aa possible. If we want to have obserred, I have never seen anything done to better the condition of the In- maintain peaceable relations, we ought t.o know the Indians thorougltly in time of dian by the Indi:m Department. I have never seen an.v instruction given in culti- peace and put the best men in as a_g-ents, men who would do their whole duty. The vating the soil; and, as to its Christianizing effect., I should say, from my experi- Indians, ns a rule, respect force. They respect men who can successfully enforce ence, that it has been demoralizing. "Squaw-men" are very common out there; he orders they have given. I have found wherever I ho.ve been that the military that is, men who are employed and tolerated at the agency, and keep their !lqnaws. were succeRsful with the Indians in California and Arizona, and the Indians were I do not make this assertion with reference to the :t)!ents, but to men who are em- very well satisfied. When General Crook took charge in Ari7..ona he had no trouble. ployed at the agencies to assist them. This class of men generally come to the I myself have :zone right amid the wild Indians at war. I directed the establish· agencies in the winter and have as many of their squaws as they wish to keep, who ment of the two posts spoken of in the testimony and know what thAy cost. I had sre fed at the expense of the Government. some fomteen companies together up there to move the Indians ju!lt as winter was That is beautiful Christian statesmanship t It is one of the lovely coming on; it begins there in Oct.ober. I could not get the Dep'\rtment to tell rue when thev were ~oing to move the agenciesuntifthe 1ast minute. It cost theGov- effects of this beautiful system. erruent between $50,000 and 160,000 to move the troops ann establish the posts. Some of these are white men and some are half-breeds; but most of them are the lowest cL'\88 of white men we have out West. On page 58 Genern.l Mackenzie says : And yet they are fed at the e~pense of this Government, ~this offi- Should the Government propose to comluct its Indian affairs without reference to political party, its transfer to the War Department would be very advanta~eous · cer says: t.o t.he Indians, anct no particular disadvantage t.o the Army. If the quest10n of They b.'lve theirteepies put up ~round the agencies, and keep their squaws there, party politicR is to be kept in view in its management, with which the affhirs of In- "'ho are counted in on the ration-returns and fed at the Government expense. dians hM·e no rational connection, its transfer will be a very great disadvantage to . · The question is then asked: the Army, and of no special benefit to anybody else. As a. sensible ml!.tter of government, this transfer is an app'trent necessity. The Are all these Indian agents not supposed to be Christian and pious men Y dual system, as applied to the tribes which need the continual presence of troops. And he answers: is J?rohably as great an ab!>urdity as has ever been conceived ; while the affairs of the tribes which are uncivilized c.'tn just as readily be administered by the War I suppose they have been selectoo on account of their pions inclinations, but I do Department., and, indeed, there are certain advantages which, from having an es- not think the results seem to show any great amount of piety. I would not trust tablished system of supply, are enjo.ved by the War Department, and which have anv of them I have ever seen, though there may be some honorable exceptions to with difficulty to be tluplicated by the Interior Department. To explain what I the role. They get demoralizAd after they get out there, even if thoy are good men mean: It is necessary t.o purchase tlour for the use of troops; it is ,iust about as when they starte,d. I think, as a general thing, they are worse than the Indians. easy to purchase a. much larger ~mount and include the Indian supply. To pur- General Tower has given his statement. I know of no man in the chase for the Army, the War Department is obliged to kee,P ·in the lar~e markets officers selectecl for that very purpose, and the Indian supplies may as well be pro- Army of broader mind than General Tower, and his testimony cprre- curt\d by them. sponds precisely with that o.f all the others whom I have named. I This. of course, applies to all tribes who receive anything whatever from the will read it: Government, peaceable or hostile, and is entirely independent of any question of the employment of the force needecl to sustain authQrity. Question 9. What is your opinion as to the fropriety of transferring the Indian The wiltler tribes, to the government of which allusion bas been made in a for- :md Pen.sion :Bureaus to the War Department mer part of this paper, and with whom the pre.sence of troops is so thoroughly nn- Answer. Of the wisdom of putting the Indi:w :Bureau in the War Department dcr'Stood that the mere mention of the fact is considered necessary, cun oniy ra. I have no doubt. tionally be ruled by the War Department. The troops must be near their agencies; I hav(\ now given the views of twelve officers of the United States they must be a visible power. Now, it appears to be the desire of the best people Army, eleven of them among the most distinguished men in the Army, of the United States that these IndiaruJ should be kindly, though I'eSolntely, gov- erned. and for that purpose the very best capacity which the Government can em- and whose personal character and moral integrity stand above and ploy should be used. beyond all suspicion, a.nd they n.ll agree npon this question. So far, The success of an officer from the day he.enters the line of the Army till the day then, as we have gone, there can be no question in my mind that the he ceases to belong thereto is mainly a question of the kindly government of other transfer should be made to the \Var Department, makin~ the War men, and would seem the very best preparation for the firm, kindly control of these band11. It 18 a question, too, of integrity of administration, and to an officer's suc· Department exclusively responsible, dividing no responsibility be- cess a strong suspicion of a clishonest act (though it may not be proved, or drive tween the Interior Department and the War Department, having but him at once from the service) is fatal. one system of officers to furnish supplies and that under the control I will also read from the testimony of General Marcy, on page 144.' of the Army. Right hero I want to stop a. moment. Randolph B. Marcy is, in my And, sir, my ~udgment about Army men is that, as a. rule, they-will judgment, one of the most intelligent and capable officers in the do their duty anywhere. It was but a few years ago that on the American Army. Some of t.he best reconnaissances·which have ever western frontier, west of where I live some two hundred miles, our been made in the western country, and notably in the State in which women and children were carried into captivity; the houses of our I live and west of me, were made by Randolph B. Marcy. The effect frontiersmen were burned down, the men were murdered, and women of his work of thirty years ago is felt along where I now live by the suffered wor.se than death. It was about that time that the General steam-horse running a.cross the prairie. He is the Inspector-General of the Army went on a. tour of inspection into that country, and while of the Army, intimately famHiar with Inman affairs, and hence his he was there eight teamsters of the United States were fastened by testimony is worthy of all credit. He has been in the Army nearly Indians to a wagon and murdered in cold blood. That was the work as long as I have been living. His position as Inspector-General of Satanta and Big Tree, the beadtiful exponents of this glorious shows the estimate in which he is held by the Army. He says on system of Christian statesmanship! The General had those ml:ln con- page 144: veyed in irons to the State of Texas, and they were tried and sentenced to be hung, and the sentence was commuted by tbe governor to im- That the transfer or the return of the Indian and Pension Bureaus to the War Department wouhl be a measure of wisdom and economy does not, in my judg- prisonment for life. What was done by him t Were we getting peace ment, admit of a question. and quiet from this peace power f _ Not one word of it; but· these 3920 CONGRESSIONAL RECORD-SENATE. JUNE 20, Indians were placed over at Fort Sill, in the Indian Territory, north Bureau from the Interior Department to the War Department. That of the Red River, and beyond our limits, and he placed General Mac- bill was referred to the Committee on Indian Affairs, of which I am a kenzie, one of the best officers that he had in his command, with the member, and is there yet, not having yet been considered. I regret Fourth Cavalry, at Fort Sill; and it was only last Thursday that Gen- this, as I look on this question as one of the most interesting as well eral Sherma.n told me that the peace which we have on the northwest as one of the most important that can be presented to the considera- frontier of Texas, which I am proud to say we now enjoy, is owing to tion of Congress. • the presence of General Macke~ie and the Fourth Cavalry at Fort I listened with great attention to the speech made by the Senator Sill, :>nd I believe it. I do not believe it is owing to your peace-policy from Illinois, [Mr. LOGAN,] and it struck me that he only presented at all. Take those troops away, and instantly yon turn these savages one argument in opposition to this proposed transfer, which was loose on the frontiers of our country, to i:nurder again and to burn our the extravagance of the War Department. He compared the ex- hous<'s, steal our stock, and capture our women and children. penses of the Indian Bureau when under the War Department with Sir, I say, in the language of Henry Clay in the Senate Chamber the expenses of the same Bureau now under the control of the Inte- years ago, " I love my own country better than any other country; rior Department, and in making that contrast according to his fig- I love my own people better than any other people;" and it js because ures the expenses are much less now than they were heretofore. I do l do love them and because I know it is the duty of this Government not believe in the accuracy of the statistics read by the Senator. I to protect them that I stand here and assert that the true policy and know and we all know that nothing in the world will lie so effect- the best protection for those people is to transfer the control of the ually, and apparently so logically, aa figures when you do not put ludians back to the War Department, where it justly and properly them exactly in the right place; and I am convinced from my obser- belongs. vation, with some little experience in the administration of t.he In- Now, .Mr. President, I have occupied more of the attention of the dian Bureau, that the expenses are now too high by perhaps double, Senate than I had designed when I rose to speak; but I hope the and that they would be much less in the War Department, and ought Senate will pardon me. It is a question in which the people of Texas to be much less even if the Bureau remains where it is now. are mcst deeply interested; we have seven hundred miles of frontier, This subject of Indian administration, or the treatment of the In- and we have suffered beyond almost all human endurance. We have dian question, comes to us in a double aspect. First, we are here . suffered to such an e:::ltent that we, the people of Texas, at our own brought face to face with a people not civilized, who are yet barba- expense, have kept troops armed and equipped in the field at an ex- rians, who are. in our power, and under our control, and called the pense ranging from half a million to 1,000,000 per annum, paid not wards of the Government. This imposes upon us a dut.y of the very by the Federal Government, but by the people of Texas for their own highest character. What -can we do to promote not only the well- defense, because the troops furnished . by the Federal Government being of the Indian in his present condition as an uncivilized man, were inadequate to complete protection. Torn this Bureau back into but what can we do to bring this race to a condition of 9ivilization f the War Department where it justly belon~s; place it under the con- If he can be civilized, and it is withi.n our power to accomplish this, trol of that clear-headed and able General of the Army who now con- it is plainly our duty to use all the means within our control to en- trols the Army of the United States; have one system of disbursing able him to attain this great blessing.. officers, one system of commissaries, one system of quartermasters, While I am not prepared to deny as a great philosophic fact that one system of paymasters, and have one policy; compel these people the North American Indian can be civilized, I am prepared to say that to remain within their-reservations, and teach them the methods of thus far all our efforts which have been made to civilize him have peace; teach them the ~reat lesson which the Bible has taught us, been utter failures, and now I see nothing in the future which gives that man must earn his living by the sweat of his brow. Why is an me any ho-pe that we shall succeed any better hereafter. It seems to Indian better tllan I am f Why sh;lll I work to support him in idle- me that that race is destined to pass away, and I have often thought ness f Teach him how to work, and make him work. Sir, there is that when the yessel that brought Christopher Columbus across the but one means of controlling the Indian, and I assert it here accord- then unknown ,Atlantic Ocean touched the shores of the island of ing to the view I look at it, and I think I could, were it necessary, San Salvador the fate of the North American Indian was fixed giTe my personal knowledge in additiotl. to that which I have given and his doom was sealed ; that at that moment his destiny was writ- here, because I understand this question practically-there is but one ten upon a plate of adamant with a pen of steel; and that time it- way of controlling the Indian, and that is by a manifestation of physicalself would never erase the inscription ; and from that day, nearly power, ooupled with ·an exhibition of the will to exerciso that power four hundred years ago, he has been melting before the rays of the in case of necessity. It is by that means and that only you can con- bright sun of civilization like snow under a midsummer sun. trol him. Treat him kindly; but with the Indian you most have a At that time the islands of the Gulf of Mexico, all those rich and beau- band of iron, covered though it may be with the glove of silk; but tifulis1andsoft.hat great ocean, were peopled with this race. They were the power must be there if you control him. If you want to protect called Indians because Columbus, when he touched the shores of the your women and your children upon the frontier, if you wish to save island of San Salvador, believed he had discovered the Indies; not the cabin of the hardy man who builds up and makes States from the the West JndieR, as now called, but the East Indians. The i~:;lands of incendiary's torch, if you wish to save the frontiersman from murder San Domingo, of Jamaica, of Cuba, all the archipelago, indeed, of and his wife and daughters from a fate worse than murder, give the the Gulf of Mexico, were inhabited by this race. They have all dis- control of the Indian mto that Departme.nt of the Government which appeared, and are no longer to be found there. They are gone, gone has the physical power to make it.s will effective. It is the only way. more than a century ago; and history has preserved only the names Now, Mr. President, I fully agree with the General of the Army of a few great leaders and of the different tribes. that if you want to Christianize this man, to enlighten him, to human- How is it in our own country f What has become of those nnmer- . ize him, to give him schools, t.o give him churches, the best way pos- ous and powerful tribes formerly settled upon the Atlantic. coast f• sible to do that is to place him under the control of the Army of the What has become of the Pequods who lived on. the shores of the Con- United States, and make him work for his living. Sir, I am not one necticut River and visite•l the mo~ntains and valleys of Massachu~ of those who believe that all men are dishonest or corrupt. I am not setts f Where are they f Gone ! Where are the brave and warlike one of those who believe that honorable officers would come before Narragansetts who had their home on the shores of tb~ magnificent the Congress of the United States and testify from an interested bay that bears their name to this day 7 Where are they f Gone, stand-point for the sake of power. I do not believe it. I believe gone and passed away like a dream of the night more than a hundred that among the best, the tr~est, the most honorable portion .of the years ago. Where are the Iroquois, the Onmdas, the Tuscaroras, the employes of this Government are to be found the officers of the Army Seuec?-s, th~ Hurons, the Mohawks, and all those different tribes that of the United States. That is my candid conviction. I am told, and formetl that powerful combination known as the confederacy of the we are referred to the fact, what a dangerous thing it is to intrust Six Nations f They have disappeared and melted away. And in my pClwer to an army. Why, :Mr. President, are the brave men of the own day, in my own section. of the country, where Indians were once United Sta.tes, a people of 441000,000, afraid of a little handful of numerous, they have dwindled down to a few and nearly disappeared, 35,000 men constituting the Army of the United States f No, sir. and these few have gone away to the far West. It must be so; it The Constitution says that it is the duty of this Government to pro- cannot be otherwise. Whether it could have been otherwise by hav- vide for the common defense, and the Army is necessary for that pur- ing pursued another system and a different pelicy from the beginning p~se. No man in all the land would be more opposed to a govern- I am not preparetl to say. I speak of the present system as a failure. ment supported by the military arm than I would. I remember read- If this people who were found here when the Europeans first came . ing that the Pretorian guards got control of the Roman empire, and conld have been civilized or not under a different system is a ques- put up the crown to the highest bidder, and Didius became the pur- tion I do not pretend to be able to decide. I speak of their condition chaser for a price paid to the Pretorian -guards. Lnever want to see in connection with the policy which was pursued. that time, and I never will see it so long as the strength of the Gov- Civilization in contact with barbarism; the enlightened man in ernment rests on the love of the people. The way to make the contact with the barbarian ! Sir, it is the old fable of the earthen people lo"e the Government is to protect them. That iB all I as:t, vessel in contact with the iron vessel. Which one will break f protect us. · Which one will give way f It must be one or the other. Civilization I have now ~id all that I care to say on this subject. I trust that of course will tTiomph. This civilization has been goin!? on with the the amendment of the Senate committee will not be adopted, but history of man traveling from the east to the west, and m its onward that the third section of the House bill will be concurred in by the march it has come in contact with this race in theNew World. Face Sffid& . to face-antagonistic in every thing-the result has been here what it l\lr. BOGY. Mr. President, I re~ret I was not aware that this ques- has been elsewhere in every age where a superior race was brought tion would be presented in the Indian appropriation bill. A bill passed in contact with a weaker one. the House of Representatives a short time ago to transfer the Indian Mr. Prel:!idcnt, I am a friend of the Inuian. There are ma.n y rca- 1876. CONGRESSIONAL RECORD-SENATE. 3921 sons why this should be so. My earliest recollections ill my boyhood port one, and then he may wish to have four, and then eight. When are of the most agreeable character in connection with Indian chil- he has attained this point, his education in the way of civilization dren and Indian sports in my own native town. I have tried to be has commenced, and not before. their friend on this floor. I am in favor of liberal appropriations, not The hunter's life is the primitive condition of man, not only of the only for their ch'ilization, but for their actual support when they are Indian, but of all a1il.d in all ages. The next step is the shepherd's. I in a destitute condition. Yet, friend of the Indian as I profess to be, do not say that education is a bad thing, but before you educate you and willing to take the responsibility of voting proper appropriations must teach not ouly the love of labor, but how to work and also create so as to aid him in his lowly and dependent condition, nevertheless I a necessity for it, which is done by the wants of the family. The can very well see that his fate is sealed if the present wretched pol- first and great law of God is that man must earn his bread by the sweat. icv is continued. of his brow, and this law he must first obey as the first step toward 'The word "civilization" is upon the lips of everybody. But civil- civilization; and if you have created for him a home and family ties ization is a growth which comes to maturity very slowly indeed. and instilled the love of one wife and of children, his progress may The white race itself marched toward perfect civilization but with be onward. But has this been our system and is it the system nowt slow steps. It was the work of centuries, indeed of many centuries. No, sir; a sjckly sentimentality, not true philosophy, has from the How many years after Cresar conquered the Gauls before they were beginning asked for large appropriations of money to educate a race civilized f How many hundred years after the Romans visited "the who had not taken the first step; and the consequence is that not shores of the Rhine before the Germans were fully civilized f How only has the money been utterly wasted, but the poor Indian has many years after Cresar landed on the shores of Britain before the been the sufferer; and instead of life, we have given him death; and early settlers of the British islands were also civilized f As already hence he has nearly disappeared from the land. With good inten- said, it is a growth slow and gradual. . tions, for the want of wisdom all our efforts have only proved to be in Has the Government at any time respected the right.B of the Indian hostility to his well being. when he occupied any portion of territory needed by the white race T Having passed from tbe hunter to the pa-storal state, the next Has the Congress of the United States ever respected them f Does step is the agricnltural, and this is the perfection of the material Congress to-day respect the Indian in his right T Does this body that civilization. From this on education is a requisite to any further now hears me respect these Indian rights t We have had questions advance. We have reversed that law. We found him a hunter, and presented this session within the last few days so plain that the blind w bile in this state we have attempted to educate him; this ha-s been a could see, where the justice in favor of the Indian was so manifest, failure and also fatal, for we have taught him all the vices and vi- so evident, that nobody could misunderstand them; and yet they cious habits of civilization without ita virtues. An educated Indian _ were not respected. Who can deny that the Sioux Indian is entitled has no place among his people, and has lost the manly virtues of his according to the laws and treaties to the country known as the Black forefathers.· Hills, where he and his forefathers have been for untold generations, Let us suppose a graduate of Yale College to return to his tribe and which the law recognizes as his T Yet, because there may be and native home. The next thing is what can be doT What mission scattered over this country, on its mountain-sides and valleys, a few is open to him T He cannot be a member of Congress as so many grains of gold, perhaps enough to invite white men to go there, it whites are anxious to be, for his people have no congress. He can- is only by management and industry and persuasion that we have not be a lawyer, for the time ha-s not yet come when this usefull•ro- been able to pass a bill by a bare majority in this body to appoint a fession is necessary. He cannot be a physician, for the reason that commission to go to that country to try and reconcile the Indians to these children of nature have a knowledge of many simple remedies this flagrant spoliation, made in the face of the most solemn treaties. furnished by the herbs and plants of the valleys with which they The rights of the Indians have not been respected by us at any time. cure their maladies. Then what can he doT His education is his Even in the making of treaties with them the object of our own com- misfortune. What can an educated Indian do among Indiaus f An missioners has been to drive the best bargain, and in many instances educated Indian among Indians is a lost Indian; and as he has lost advantage was taken of his ignorance. This humiliating fact can- the rude virtues and warlike habits of his fathers, he becomes an ob- not be denied, and I feel it to be my duty to state it. ject of contempt; and the ouly way for him to restore himself to his As I said a while ago, civilization is a word found in the mouth of proper position in his tribe is to put off the habiliments of the civil- a great many persons, but which is not thoroughly understood; and, ized man and put on the clout and the leggings and the moccasins a-s I said also, it is of slow growth, and like everything that grows, of his forefathers, and to learn how to hunt the elk, the deer, and the whether it be in the animal or vegetable world, it must come from buffalo, and to prove himself brave in war. These are the virtues of within. that condition of life, and without which there is neither fame nor We are told that the Creeks, Choctaws, Cherokees, and Chicka- distinction. saws, and some others of those Indians south of my own State and Mr. EDMUNDS. Is that so in the Indian nations of the Indian west of Arkansas, are highly civilized. Snch is not exactlv the fact. country, among the Cherokees, and Chickasaws, and Creeks! Is The Choctaw and Chicka-saw and Cherokee, of full blood, are many of there not a pretty large body of Indians who have acquired education T them very nearly as savage to-day as they were when Jackson fought Mr. BOGY. If my friend had done me the honor to listen to the their forefathers. The civilized Indians are those who are partly previous portion of my speech the question would not be necessary. white, half or less. It is the white blood infused into them that ha-s I will, however, answer him, although he is disturbing a very hand- brought them to a degree of civilization, and I acknowledge that some train of thought that I was in. [Laughter.] many of them are civilized, and among them I recognize some per- The Cherokees, Choctaws, and Chickasaws, as I said a while ago, sonal friends who are men of character, ability, and education ; but of full blood, are very nearly in the same condition they were when they are not pure Indians; they have Indian blood, but the white Jackson fought them upwards of fifty years ago. There may be a few blood is mixed with it Land it is that white blood which is the cause exceptions; I know a few myself who, being surrounded by powerful of their civilization. There may be1 and no doubt there are, a few circumstances, have thrown off the leggings and put on the panta- full-blooded Indians who, being surrounded by civilizing circum- loons-and are certainly ci viii zed, and aro also good men-but I think stances, have made fair progress. this number not large. Certainly many of the pure bloods are not civ- We have for years expended large sums of monev to educate In- ilized. dians. There is at this day on the Pawnee reservation, near Omaha, The Cherokees and Choctaws who are civilized and thQse others a school-boose called a college that cost some $50,000, to educate the who have made some progre<'38 are not generally pure Indians. I Pawnee children. A few years ago these Indians were the most cruel have known many such myself, and as I said a while ago, I recog- and savage in that whole portion of the country. They were not nize several of them as my personal friends. numerous, but brave and valiant, and in constant war with the Mr. EDMUNDS. But have they not codes of laws, of civilized Sioux. They were brought to this reservation, and efforts made to edu- laws, which punish the having an abundance of wives and which cate them, but the attempt ha.s utterly failed. Will anybody tell me regulate social affairs just about as they do in Missouri or in Vermont f that he ever saw or heardof a Pawnee Indian who had been educated Mr. BOGY. I will answer the Senator that he is mistaken in re- at this college T Yet large appropriations were made for it year after gard to the condition of these Indians. I wish to speak of them with year. Of all absurdities, this is undoubtedly the greatest. It has cost the utmost kindness and the utmost truth as far as I know. These immense sums of money, and for whose benefit, excepiing a few lazy Indians have a code of laws of their own, and have made consider- fellows pretending to be the teachers and instructors of these poor able progress in civilizatiQn. For more than one hundred years there people! · have been a pretty large number of white men intermarried with The first step toward civilizing a barbarian is tb localize him and these southern tribes, and how much is due to this circumstance the teach him the love of home and one wife. This I admit is not a Senator from Vermont can judge as well as I can. very easy thing to do, but on the contrary one of the very hardest to I do not see that there has been any progress in civilizing the In- impress on his mind. The love of home and the family ties of one dian race-! speak of the Indian of pure blood-by anything which wife and children are the first step ; and until you have taught him is the result of our legislation. For one hundred years back it has this lesson, it is not worth while to build colleges for his education. been an utter failure. I have already said the first lesson is to localize him and to teach and Mr. MAXEY. Let me a.sk if Ross, Ridge, Boudinot, and Bell, of create aro1md him the family ties. Then the next step is to pnt in the Cherokee Nation, to which the Senator refers, are not all largely' his hand a hoe and an ax, and teach him how to work, however so more~hite than Indian; and are they not the men who control the little, enough if possible to feed one cow, which will give milk for Cherokee Nation T his children. After he has found that by labor a cow can be fed, you Mr. BOGY. I think they are. may create an ambition in him to have two cows, and to feed these Mr. LOGAN. Did the Senator never see a. civilized Indian, one two cows it will require just double as much work as it did to sup- who had no white blood in him! lV-246 3922 CONGRESSIONAL RECORD-SENATE. JUNE 20, Mr. BOGY. I think I have seen a few that were civilized, and Mr. BOGY. That is very good in that report beyond a doubt, but who were dressed like white men, and spoke English, and had many this is subject to much explanation. We all know how these reports of the virtues of the white man, and also his vices. are made a.nd how false they are in point of the real truth. What is Mr. LOGAN. I can say to the Senator that I knew an Indian with- a school T It may be large or it may be small ; it may be good or out white blood, who was a staff officer on General Grant's staff, a worse than nothing. All such statements are made for an object, antl finely educated and thoroughly civilized man, and a gentleman any- I attach but little importance to them. where. • As to the cultivation in that country I admit it does exist, but this Mr. BOGY. I know him very well myself. He is certainly a civil- is in accordance with my policy, that is to localize them and keep ized man and a gentleman, and belongs to the Oneida Indians in New them on a reservation, so that they shall no longer be hunters, but York; arid I hold him in the highest respect. -T hat would not prove from necessity be compelled to work and coltivate the earth. To do the proposition, however, any more than one swallow proves a sum- this with the wild Indians requires the strong arm of the Army; other- mer. It is possible, and as I said a while ago, you will find among wise he will roam in pursuit of the game, and will not remain on his the Choctaws and Chickasaws and ' Cherokees a few full-blooded reservation. Nothing short of the military will make him remain Indians who are civilized ; but when we speak of the civilization of there. those Indians west of Arkansaa and south of Missouri we really have ·Mr. LOGAN. 'l'he Senator spoke very highly of :Mr. Ross a while in our mind's eye the Rosses and Boudinots and Adairs and Vanna, ago, an educated ~entleman, did he not t and those men who have in their veins but very little Indian blood. • Mr. BOGY. I d1d. Mr. LOGAN. I have a letter from Mr. Ross, Mr. Adair, and the men Mr. LOGAN. And of Mr. Adair f whom the Senator has just mentioned, protesting against the very Mr. BOGY. Of course I did. thing he designs to do. Mr. LOGAN. This statement is signed by them. Mr. BOGY. I have no doubt about that. Those men are civilized. Mr. BOGY. Suppose it is, what of it! There is very little Indian in them; the white blood preponderateR. This report would indicate a very high degree of education and re- Bot I say, as a general proposition, as a philosophical fact, that you finement in that country, as alBo a high condition of agriculture. Yct cannot civilize a barbarian race yet in the hunter stat.e by first ap- we know this is not so; not but that there ia some education there and proaching the intellect and trying to teach it t-o read and write. It alBo a fair progress made in farming, but not to the degree that the is against the law of sense and sound philosophy, as well as against reading of this report would lead one to believe. In that country reason and experience. And here is the mistake we have made for there are many white people; some of whom are married with women upward of one hundred years. of the tribe and some are not. It is also traversed from north to sout.h I am the friend of the Indian and would like to promote his happi- by a railroad, and hence they are in constant contact with the white ness and elevate his condition ; and, as I have been so from earliest race and surrounded with civilizing influences. Indeed it is surpris- youth, I do not propose to abandon him now, and the change I now ing they are not more advanced than they are, and only shows, what advocate is what I consider for his good, and, indeed, as the only I said at the outset, that the progress of civilization is slow and goes way to arrest his rapid extinction. But, while I am his friend, I am on only from generation to generation, and not from one individual not blind to his condition. I see for him no future, excepting to go to another. as soon as possible on reservations of sufficient size ; and, if I had my :Mr. LOGAN. From 1849 to the present time those roving tribes of way, these should be large, and on which he would be compelled to the plains that we had to fight nearly every morning when I first remain, and there made to learn how to use the ax and the hoe. If passed through their country are now the most of them on reserva- his home had been respected from the beginning, it is possible he tions, and are quiet, peaceable Indians. Does the Senator call that might have ma-de some progress; but he has ha-d no home, no place any a-dvance 7 or spot of earth he could call his own and on which he coold form Mr. BOGY. Of course that does not controvert the fact which I any idea how long he would be allowed to remain. He has been an stated. Ishmaelite by force, .and the heavy hand of the Government was all Mr. LOGAN. It only proves that since 1849 some of the wild, rov- the time on him; and yet, while this was so, the sentimentalists of ing savages that were thirsting for blood at that time are now quiet, this country were all the time trying to educate him. Does not the peaceable Indians. bare statement of the facts show how foolish and ridicolous such Mr. BOGY. Why! attempts were Y No home, no country, no property but his bow and Mr. LOGAN. Because they have been taught to be peaceable. his arrows, with no fixed family ties, because he had no home to pro- Mr. BOGY. Because the Army is there in sight of them, and they tect these, an outcast, no one respecting his rights and no one to de- da1·e not move for fear of the bayonets being thrust in their side. fend him. How can such a man receive education f How can he be That is the reason. made to believe that your religion is true which coold sanction such This does not .i n the least disprove what I have sn.id. The Indians cruelties T This Capitol stands where the Algonquins formerly had can be localized and subjugated by force and be made to remain on their home. This wa-s the most powerfol tribe inNorth America, and a reservation; but this can only be done by employing the Army. No roamed from th~ banks of the Potomac and Chesapeake to the far- wild tribe of the plains woold long remain on a reservation if the distant shores of Massachusetts and Maine. They were brave, nu- Army was not close by to chastise- if he left. To deny this is to deny merous, and powerful. Yet they have passed away, their name' the plainest proposition. barely remembered; for I remember a short time ago, when a new Mr. LOGAN. When I traverse this country I am now more afraid Territory wa-s about being created, that I proposed this name in the of t.h e James brothers than the Indians. place of Pembina-which is not an Indian name, but a corrupt.ion of Mr. BOGY. I am not responsible for the fears or the timidity of two French words-that many Senators came to me for an explana- the Senator. That is his own lookout. I am myself not afraid of the tion of the name. As a matter of Indian history, I will state that the white man of the frontier. I have been much among them, and I Delawares and Shawnees are Algonquins-a few of these remain, a have not yet been killed; and I will say more, I never have been in- mere remnant, partly civilized, and now living on the borders of my sulted by a brave frontier man. • These men may be rude, but under State south of Kansas. this rough exterior there beats not only a brave but a generous heart. I look upon the present system, besides its real cruelty to a depend- Mr. MAXEY. I should like to a-sk the Senator from Illinois a q ncs- ent race who ought to have been protected, as the promoter and abet- tion. He referred a moment al!o to a very intelligent Indian who tor of fraud. It is a system without a head and without any respon- was a member of the President's staff when he was General of the sibilty resting on anybody. Even an honest man in office, as I believe Army, and who was also formerly Commissioner of Indian Affairs. the present Commissioner to be, is utterly powerless to arrest fraud or Did the Senator refer to Colonel Parker f even to expose it. All of us, when in executive session, have had to Mr. LOGAN. I did. vote on the nominations of Indian agents. Who knows them Y Really Mr. :MAXEY. I will state to the Senator that Colonel Parker, who is no one who is responsible under any law. Tbe President does not know a very intelligent Indian, favors the transfer of the Indian Bureau to them, the Secretary of the Interior does not, nor does the Commis- the War Department. I will read what he says: sioner; they are said to be recommended by the different churches. It is greatly to be regretted that this beneficent and humane policy had not been However good and holy these may be, they are not responsible under adhered t.o, for it is a fact not to be denied that at this day Indian trading licenses any law. The consequence is that at no time before have we ever are ver.y much sought after, and when once obtained, although it may be for a had such bad agents as now. Their duties call them far away, where limitedtune. period, the lucky possessor is considered as having already made his for- there is no supervision, and the consequence is they yield to the first The eagerness also with which Indian agencies are sought after and 1ar~e for- temptation, and the majority become dishonest, and instead of being tunes made by the agent-a in a few years, notwithstanding the inadequate saln.ry the friend and protector of the Indian are his worst enemy, robbing given, is pre umptive evidence of frauds against the Indians and the Government. Many other reasons might be suggested why the Indian Department should alto-- him of the small pittance he receives from the Government under the ~ether be under military control; out a familiar know ledgo of tho practical work- sanction and cover of his office. This, I regret to say, I believe to be rug of the present system would seem to be the most convincing proof of tlle pro- the case with a majority of these agents. priety of the measure. Mr. LOGAN. Will the Senator allow me to call his attention to and, It 18 pretty generally advocated by those most familiar with our Indian relations so far as I know, the Indians themselves desire it. one fact f He was speaking a while ago about civilization, and he is Civil officers are not usually respected by the tribes, but the.y fear and regard the still on that point. Will he allow me to suggest what be will find by military, and will submit to their counselS, advice, and dictation when they would examining the reports of the Superintendents of Indian A1fairs f not listen to a civil agent. The Indians of the Indian Territory, the Cherokees and others, cul- I pot that against the paper introduced here by the Senator from tivate 500,000 acres of land; they have an agricultural fair~ have 200 Illinois. free schoolB, 9 high -schools, 10,000 church mem b_ers, 6,000 children at Mr. LOGAN. I had no reference to any views of Mr. Parker. I school-mostly foil-blooded Indians. Does that show any civilization f only spoke of him as a civilized Indian. 1876. CONGRESSIONAL RECORD-SENATE. 3923 Mr. MAXEY. If the Senator will permit me, a. statement was in- faithfu11y carried out under the present system is one of the main rea- troduced here that the Cherokees were opposing the transfer. Here sons for the change, so as to apply a remedy to this shameful and long- is a statement from a highly intelligent man, who is a full-blooded standing wrong. • Indian. I wish the Senator to understand tba,t I am arguing the general prop- The expenses of the lndjan Bureau have increased from $1,500,000 osition that the organization of the Indian Department at present is within a few years to the enormous sum of $8,000,000 a year, and so defective that it inevitably leads to fraud for the want of respon- there are less than 300,000 Indians. ~ sibility and for the want of proper organization. That is what I mean. Mr. ALLISON. Docs not the Senator from Missouri know that the Mr. LOGAN. Does not the Senator know that every Indian agent sum provided for the Osages this morning is not to be given to the was at one time removed, that every man connected with the Inqian Jn :1iallB, but. is to be expended by the Secretary of the Interior in the Department was removed, and that Army officers, called supemnme- pu: chase of plows, hoes, farming implements, and in the erection of rary officers, were detailed by President Grailt and placed in charge of houses and homes under the direction of the Secretary of the Inte- tho Indians at every Indian post T rior! Mr. BOGY. That may be; but if the Senator will recognize that Mr. BOGY. Of course I know it; but does the Senator believe that I have the floor I will go on; I am unwilling to be further disturbed. the Secretary will go down there himself to superintend this expendi- I am not here to vindicate the Army, because it is not necessary that ture f Here is an expenditure of $200,000 made to enable these In- I should do so. Neither do I want to assail the Indian agents because dians to farm. They have good lands. This sum of money was paid they are Indian agents. I atta~k a system which in my opinion leads to them last year. There are 3,000 of these Indians, including the to fraud and to dishonesty, and in place of a bad system I would in- men, women, and children. This shows the extreme viciousness of troduce the Army, because of its perfect organization. this agent system. This large sum is recommended by him when it is The Senator read this morning from a paper stating that some years not necessa.r y, and the plows and farming implements that you will ago, while the Indian Bureau was under the War Department, at furnish him will be taken immediately to the first whisky shop or Leavenworth goods that cost a. certain figure were delivered to the store and there exchanged. These Indians should be made to work, Indians at another figure. I understood the Senator to say that they and under s. good system this would be done. were delivered so by tlie War Department. Upon inquiry, he cor- So it is that all our efforts heretofore made, and well meant and rected this. He stated that axes that cost thirty-seven and a half well intended, to civilize this people and to educate them, have been cents were sold for $2.50. failures, because the agencies and appliances and the system,.every- The answer to this is simply that these were the prices fixed by thing indeed was bad and defective. The head was too far removed the Indian traders, over whom the War Department h;:td no control from the place where the duties of the office were discharged, and whatever. They were licensed by the Bureau in this city or the su- for this reason alone there was no responsibility. Will there be any perintendent in Saint Louis, and had the power to db as they please improvement if this Bureau is transferred to the War Department. in carrying on this trade with the Indians. If I did not believe this I would not advocate it; but to my mind this I do not wish to be understood as saying that the Army is a very is plain and conclusive. The Army ia a. regular and permanent body; economical department; far from it. I believe, ou the contrary, the officer holds his position during life. He is a man of education, its expenses are too large and call loudly for reduction, and I am and must be a man of chamct~r to remain in the Army. All his sur• willing and ready to join the Senator from illinois or any other to roundings protect him and fortify him against low and venal tempta- apply the pruning-knife. Nevertheless while this is the fact, it is not tion s. It is a chain, going link by link from one to the other, regular sub- as high in proportion as $8,000,000 for the Indian service. I believe ordination as well as organization, and so arranged that it is difficult .this sum could be re{luced fully one-half if your Indians were placed if not nearly impossible for one officer to do any very great wrong. on reservations and kept there by the Army. I believe the time has Again, we should not overlook the fa~t that the head of the Army, come when our Indian policy must change and when all the Indians whoever he might be, would feel very great responsibility to have within our borders must be brought within certain reservations, and this branch of the public service faithfully and vigilantly done. The thus be localized. The reservations ought to be large. We have a present head of the Army certainly gives us the very highest guar- vast territory and can give them plenty of room. In time the land antee from his known character that fraud would not be tolerated will come back to us, as their title is only possessory. that ever got to his knowledge. While I believe that Indian wars are now brought about by the Again, it is said that the Army is likely to encourage Indian wars. Army because of the conflict between the civil and military, yet This, in my estimation, is the reverse of the'fact. All their interests I believe that if the responsibility was thrown on the Army to keep lead to peace, and not to war. No reputation calculated to tempt a the Indians in subjection and maintain peace this would not be tho man of ambition can be acquired in this character of warfare. While case. There is a constant conflict now between the Army officer and the danger and the hardships are great, the crop of glory would be the Indian agent, a clashing of authority. Orders are issued from the small. Interior Deparhnent, and orders are issuerl. from theWar Department, It is a~o a fact well worthy of consideration that by the transfer of and then other orders are issued by the Indian agents, and finally the board Army officers will take the place of the Indian agents, and in orders are issued by commanding officers .in the field; one conflicting this way from sixty to seventy agents now receiving largo pa.y would with the other. It is " confusion worse confounded." Harmonize all be dispensed wlth, and this without any expense, the Army officer re- this by placing the whole matter under the coutrol of the Army and ceiving only the pay he is entitled to as an officer. All contracts for hold it responsible to the country, and I believe honestly tha.t peace supplies would be made by the Quartermaster and Commissary of the would be the result, ancl that speedily too, and great economy be Army, and the rations furnished the Indians under regulations of one gained; and further, that the Indian would soon be forced to believe of these officers. This would furnish such checks and guards as to that the time had come when he, like the white man, had to work make fraud impossible. The Indian would then receive all the Gov- for his living; and whenever he is taught this, he has learned the ernment pays for and has agreed to furnish him. This we know is first -lesson in civilization and taken the first step. not the case now. We all know the frauds perpetrated in this very There appears to be a great misapprehension on this subject as to thing. the effect of this transfer. Senators argue as if this would take from . Mr. LOGAN. I state it as a bet shown by the record, which I Congress its present legislative powers. Nothing of this charact~r is can present here as I did to-day, that the beef at all the different contemplated, nor could this in any way be the fact. The same power Indian stations bought by the Army costs more tha.n the beef bought we have and exercise now we would have then ; not the slight.est by the Indian Bureau; the corn bought by the Army costs more than change in this particular. This branch of the subject baa been treated the corn for the Indian Bureau ; the flour costs more than the flour at very great length by different Senators on the other side. I do not bought by the Indian Bureau. think it important to dwell on the point, but simply to say that these Mr. BOGY. Aa a. matter of course it all does cost more. lengthy arguments have no foundation in fact, none whatever. This Mr. LOGAN. WhyT being so, it is answer sufficient. Mr. BOGY. Forth~ simplest reason in the world. The Army pays Mr. LOGAN. Inasmuch as the Senator questions the veracity of for what it gets, and it gets what it pays for. An Indian contractor some of the statements made by the reports, here is a report made in will agree to sell beef for one cent a pound if necessary to secure the 1833, while the Indian Bureau was in the War Department. Lewis contract, but be will deliver you that beef, perhaps, several times Caas, being Secretary of War, was required to report statistics in ref- over, or charge for five hundrerl. pounds, when, in point of fact, he erence to the Indians of the different tribes and everything in connec- only delivered one hundred; this is an old trick well understood and tion with them., their manner of treatment, &c., to the House of Rep- successfully played. resentatives. I find that "Mr. H. Everett, from the Committee on Mr. LOGAN. I ask the Senator why is it that the transportation Indian Affairs, made the following report," on page 00: of the Army costs more than the transportation of the Indian De- Whether competition aniong traders after the abandonment of the factory sys- partmentf tem ha.s answered the expectation of the Government will appear by examining Mr. BOGY. I will answer tho Senator once for all, and then I will the prices now charged in the Indian country. object to his disturbing me any further. The traders were then under the control of the War Department. The answer to this question of the Senator is virtually the same as The War Department had a board, as they have now, at the trading..: was made to his first question, which is simply that in the case of the posts, the Indian traders being under the supervision of the Army Army the contmctors are made to carry out their agreement to the at the different Indian posts. letter, while in the case of the Indian contract this is not the fact. Who would have supposed- The agreement is not carried out because of collusion with the agent Says this report- and sometimes his utter incapacity; for many of them are very igno- that on the borders of the navigable waters of the Missouri, no farther west than rant .and know nothing of business. The fact that contracts are not Fort Leavenworth, &JlllS which cost in Saint Louis f7 are sold for f3(). 3924 CONGRESSIONAL RECORD-SENATE. JUNE 20, Squaw-axes which cost 37! cents sold at $2. A double handful of salt, which cost should regret exceedingly to be compelled to depart from that by ti2 cents per bushel, sold at $1; five and six gallon kettles, costing 25 cent.q per voting against the amendment and in favor of the third section as it poun•l, sold a~ $12. ' , stands in the bill now before the Senate. The report goes on further and says : I desir , therefore, to propose that the debate on this amendment Who would have supposed that on the navigable wat~rs of the Upper Missouri shall be informally suspended; that the Committee on Indian Af- the Indians would be compelled to pay the following prices : fairs be instructed to report House bill No. 2677 immediately, and that the debate continue upon that bill; that the vote be taken, and we shall then be uble to ascertain what the sense of the Senate is, be relieved from all embarrassmeuts on the pending question, Articles. Sold at- and determine whether or not the Senate is v;rjlling to vote for the transfer from the Interior Department to the Department of War relieved "from all these complications that surround us in the way in which it is now presented. Of course, I am aware that this can only For a yar~ of strou~g. costing per yard ........•.•.... . $1 80 8 00 be done by a common understandiilg or unanimous con ent, and I 1 three-pomt Mackinac blanket .........•.•.....•..•..... 4 00 12 00 trust that the suggestion will be met in the spirit in which it is made, 1 two-and-a-half-point Mackinac blanket ..••••.......... 3 00 10 00 and that we shall be able to proceed, after a decision of this question, .American calico, per yard .•...•...•.•...•.•.....•...•.. 16 1 00 in a way that will meet the approbation of both the frieuds and the English calico, per yard ...•.•...•.•..•............•.•.... 22 150 opponents of the proposition now before the Senate. ~~E!:l!i~~{~:~::::::::::::::::::::::::::::::::::: 7 50 25 00 30 1 50 Mr. ALLISON. Mr. President, if I understand the proposition of 7 100 the Senator from KansaB, it is that the Senate disagree to the third rJlf;~~~~~~~~~~:: ~:: ~ :~ 40 2 50 ::::::::::: :::::: ::::::::::: Blue strouding, per yard .......•.•......•.•..•.•.•.••... 150 25 80 750 16 00 3 buffalo robes. section of this bill. Mr. INGALLS. The Senator does not understand me. I am will- ing that the Senate shall disagree to the third section of the bill pro- vided action can be had upon House bill No. 2677, whichever way ~~c~~;·fo~~~::::::::::::::::.::::::::::::::::: 35 3 00 5 1 00 that may go. Mr. ALLISON. I submit to the Senator from Kansas that that in- Mr. BOGY. Does the Senator intend to read the whole invoice t volves a postponement of the re~ular Indian appropriation bill. Mr. LOGAN. No; but the Senator disputed my statement and I Mr. INGALLS. It is entirely Immaterial, so far as the question of wanted to prove what I said by records which no man can dispute. postponement is concerned, whether this debate proceeds upon the Mr. BOGY. What report is that¥ third section of the Indian appropriation bill or upon House bill No. Mr. LOGAN. I stated that that ~as a report made by Mr. Horace 2677 ; but, if that bill from the House is taken up and considered, Everett on the request of the chairman of the Committee on Indian then we shall reach a determination of this question that will be Affairs, made to the House of Representatives, and the detailed state- final, and this bill can then proceed to be considered by the Senate ment is given to the House of Representatives by the Secretary of as reported by the Committee on Appropriations. War, Lewis Cass. Mr. WINDOM. I sympathize somewhat with the Senator from Many other articles are specified in the schedules referred to, marked E., F., G. Kansas in his position on this question. My judgment is by no means There is no reason to doubt the fact that one company has now in operation an convinced that we should pass any bill transferring the Indian Bu- extensive distillery of ardent spirits at the mouth of the Yellowstone River , where reau to the War Department; and yet I am not prepared to say how it is said alcohol reduced to proof is exchanged with Indians at $64 per gallon, and I should vote upon such a bill from the Indian Committee. I shall when carried to the interior at a much higher price. not, however, vote for the transfer or for the abolition of the indian Mr. BOGY. I have nothing to say about t.hat bill of items; let that Bureau in this bill; nor can I consent, as one member of the Com- ( be as it may ; if it proves anything it provss the correctness of my mittee on Appropriations, to lay this bill aside for the purpose of argument. A vigilant comma,nding officer would have stopped this bringing the other in and discussing it before this is acted upon. I dishonest traffic practiced by Indian traders. think it would indefinitely postpone this bill. I had hoped that the Under the new system, which would be inaugurated, of placing In- discussion of this question had about closed, and I believe that if we dians on reservations and feeding them, the rations could be given are patient an hour or two longer we can close it and vote on. the out a.ed. . diers' bounty bill, with the understanding that the morning hour Mr. WIT..LARD moved to reconsider the vote by which the bill was shall commence afterward. passed; and also moved that the motion to reconsider be laid on the The SPEAKER pro ternpore. The gentleman from Wisconsin has·de- table. manded the previous question. . The latter motion waa agreed to. Mr. EAMES. I rise to a parliamentary inquiry. This bill was before PONTO~ BRIDGE ACROSS THE MISSISSIPPI RIVER. the House about a week ago, when it wa-s reported from the Commit- tee on the Judiciary and a very brief explanation of it was made by the Mr. DUNNELL. I a.sk unanimous consent to report back from the gentleman who reported it. During the brief discussion upon the Committee on Commerce for considerat.ion at this time the bill (H. measure, which was limited to a few minutes upon each side, I at: R. No. 1539)'to authorize the construction of a ponton bridge across tempted to get the floor for the purpose of proposing or suggesting a.n the Mississippi River from some fea-sible point in Buffalo County, ill amendment to the gentleman having charge of t.he bill, who, however, the State of Wisconsin, to some feasible point in Winona County, in declined to yield. I asked the privilege of having the amendment the State of .Minnesota. I desire to state that this bill receives the read, which was also declined, whereupon the question was taken by unanimous indorsement of the Committee on Commerce. a rising vote upon secon.ding tl.Je demand for the previous question. Mr. DURHAM. I hope the gentleman will not press thatbillnow. TellerA were a-sked for, and npon the la-st vote then taken it appeared Mr. DUNNELL. Let the bill be read; I think there can be no ob- that there was no quorum voting. I now claim that the demand then jection to it. made for the previous question wa-s not sustaine.-l because no quorum The bill was read, as follows : voted, and that I am entitled to the floor. If so, I desire to propose Be it enacted, &c., That it shall be lawful for the Green Bay and Minnesota Rail· an amendment to the bill. road Company, a corporation authorized by the laws of the State of Wisconsin. to The SPEAKER pro tentpore. The RECORD shows substantially what construct a. pile and ponton bridge across the Mississippi River at some feasible the gentleman from Rhode Island [.Mr. EAMES] states. It also s:10ws point in Buffalo County, in the State of Wisconsin, so as to connect with the oppo. that the gentleman from Wisconsin was on the floor insisting upon site shore of the said river within the present limits of the city of Winona, in the State of Minnesota.; said bridge to be built subject, except as herein modified, to the previous question; that the question on seconding the demand all the terms, requirements, and limitations contained in the act entitled ''.An act to was put to the House, and it only failed because there was no quo- le,.alize and establish a ponton rr.ilway bridge across the Mi::~8issippi River at Prai- rum. The gentleman from Wisconsiii has still the right to call up li~ du Chien and to authorize the construction of a similar bridge at or near Clin- ton, Iowa," approved June 6, 1874, so far as they may be applicable thereto. that question as unfinished business in this morning hour. The Chair SEc. 2. That the bridge shall be const111cted with one swtable ponton-drawofnot has recognized the gentleman from Wisconsin. less than four hundred feet in width, located over the main channel of the river: Mr. EAMES. May I ask the Chair, very respectfully, how many rrovided, That said bridge shall not be built or commenced until theplanandspec- times this question may be tried f itlcations for its construction have been submitted teing engrossed, it was accordingly read the third time, and The SPEAKER pro tempore. Then the Chair directed the Clerk to passed. · read the engrossed bill by its title, which was done; and almost im- Mr. LAWRENCE moved to reconsider the vote by which the bill mediately npon that the gentleman from Iowa rose. was passed ; and also moved that the motion to reconsider be laid on Mr. SPRINGER. Would it be in order now to move that the fur- the table. ther consideration of this bill be postponed T The latter motion w~ agreed to. 'fhe SPEAKER pro tempo·re. The motion to reconsider made by the PARTITION OF REAL ESTATE IN THE DISTRICT. gentleman from Wisconsin [Mr. LYNDE] is now pending: Mr~ SPRINGER. I move that the further consideration of the mo- Mr. LAWRENCE also, from the Committee on the Judiciary, re- tion to reconsider be postponed until to-morrow, immediately after ported back a bill (H. R. No. 3168) relating to partition of real estate the reading of the Journal. By that time the bill will have been en- in the District of Columbia, with amendments. grossed, and we can at once take a vote npon its passage. The bill, which was read, provides that the supreme court of the The motion of Mr. SPRINGER was agreed to. District of Columbia may decree a partition of any lands or tenements within said District, or any right, interest, or estate therein, either DOWER IN THE DISTRICT OF COLUMBIA. legal or equitable, on the bill or petition of any joint tenant, tenant Mr. LAWRENCE, from the Committee on the Judiciary, reported in common, or any parcener, or any concurrent owner, whether claim- back, with a recommendation that it pass, the bill (H. R. No. 2043) to ing by descent or by purchase; or if it appears that the said lands or improve the law in relation to dower in the District of Columbia. tenements, or right, interest, or estate therein, cannot be divided The bill was read. It provides that the widow of any person dying without loss or injury to the parties interested, the court may decree shall be endowed of one full and equal third part of all the lands and a sale thereof and a division of the money arising from such sale tenements of which her husband was seizecl as an estate of inherit- among the parties, according to their respective rights. The act shall ance at any time during the coverture; and she shall in like manner apply to cases where all the parties are of fnll age, and to cases where be endowed of one-third part of all the right, title, or interest, legal all the parties are infants, anresent them as petitioners for the pas- cheerful submission and awaken their affection for the Government sage of a bill for the equalization of bounties to the sole estimates should be for the consideration of this !Jill. Does not that imply that the bill necessary that fact would not d'rive me from its support, so thoroughly should be disposed of within tha.t hour and a be maue ag:.unst those whose term of service was short, either by rea- be taken from the Treasury and given to the soldiers if this bill son of tht~ shortness of enlistment or by reason of discha,rrres in con- should meet the sanction of Congress, and of the curtailment of ex- sequence of t~e terminatio_n of the war. The theory-or ~ne of the penditures in other directions to me·e t this new demand upon us. several theones-npon whiCh a bounty was paid to those enlistinrr Although a's a nation we are far from that condition of prosperity for .thr~e years 01' during th.e war, and who served fully two years of which should be ours legitimately, yet that our energies would be the1r t1me, was, that when the service was lonrr and continuous the crippled materially if we should vote the amount of money called for probabilities were in fttvor of consequent d:t~O'ers and hardships. by this bill I do not believe. In a time of general business depres- While, as a geneml proposition, it might l>e reasgnably assumed that sion I know of nothing which would revive the drooping spirits of the longer the service the greater the trials and dtmrrers, yet there the laboring classes more than the diffusion of a few millions of dol- were ma~y cases wh~re, in a very brief service, the s~ldier enclured lars throughout the country. It must be remembered that this money untold tr1als and confronted great perils. So far as engagements in will go to the debtor classes, thus enabling them to pay their small battle were concerned, many newly-enlisted soldiers in the very indebtedness, and soon the effect of the distribution will be felt in the month of enlistment were cal1ed upon to face the enemy on several life a.nd impetus given tO business in every county and State in the h:Lr<.l-fought fields, while in many other iustances-with no bolt of Union. the soldiers, I admit, who were ever ready to go where duty called- Sir, the poor soldiers of the land, whose term of enlistment and the full petiod of enlh;tment passed away anu the smoke of battle service have not been such as to secure them bounties under L'tws was rarely, if ever, seen by them. previously enacted, are looking to this Congress, and·to this session . But, aside from servi.ces actually rendered in battle, thousands of of it, for proper recognition. As they recall the reminiscences and msta,nces occurred durmg that fearful conflict when sickness and sufferings in camp and field, and reflect n pon the sacrifices endured for dt)aths in hospitals were far mor13 to be dreaded thn,n the bristlin(J' the nation's safety, they are slow to ~::~ee the humanity of the reason- l~ayo!1e~ upon ~he ~eld of bn,ttle. No, Mr. Speaker, I see no real basi~ ing by which they a.re shorn of the pittance which has been granted for ~cnmmat1on m favor of or against any soldier who performed to their comraues in arms. Two citizens residing in the sarue neigh- duty lll that gr~at struggle. Whether the period of enlistment be borhood at their country's call enter the service. Both enlist for loug or short, w1thout reference to the duration of service I would "three years or during the war," the Government agrf'..eing to give allow a fixed sum per month, as does this bill, to every man who a-ct- them for their services $13 per month ! They bill farewell to home ually served iu the cause of his imperiled oountry. and all of its endearments, and are attired in the proud panoply of This is ~vhat we term equalizationf· the placing of every soldier an American soldier, and with their brave companions take up their npo~ preCisely the same footing. As have said, sir, the failure of a lino of march to danger's front. soltlier to march or fight was no matter over which be had control. Brave boys 11>re they, brave boys are they, !fis enlistment anu enrollment pla-ced him at the disposal of the mil- Who go at their country's can; Itary commander who had supervision over him; and let it be said Ancl yet, and vet, we cannot forget to the credit of that noble Army of citizens who O'al. New, Norton, Odel!1 Packer, Parsons, in the RECORD, and not reaes and Indians, who faithtnlly served as such in the all questions with the gentleman from Massachusetts, [Mr. HARRIS.] military service of the United Stat-es, who have been honorably discharged from He further stated that his colleague, .l\Ir. MILLIKEN, wns absent on such service, tho sum of f8.3J! a. month for all the time which such non-commis- sioned offJcer, musician, artificer, wagoner, and private soldier. sailor, and marino, account of sickneas. actually so served. between tho 12tli day of April, 18Gl, and the !)tb day of May, Mr. WIKE stated that his colleague, Mr. SPARKS, was absent on ac- 1865. And the provisions of this act shall extend to all soldiers who were mustered count of sickness. int{) the sm·vico of t.be p-nitetl States, and were subsisted, clothed, and pa.id by the Mr. Mcl<,ARLAND stated that his colleague, Mr. YouNG, waa una- Government of the Uruted States. SEc. 2. '£hat in case of tho death, either before or after the passage of this act. of voidably absent, having been called away by iruport11.nt business. an_y such non-commissioned ollicer, musician, artificer, wagoner, or pri>ate soluier, Mr. DOUGLAS stated th:1t he was paired with Mr. MACDOUGALL, sailor, or marine, tho allowance and payment ~ball ~e paid to his witlow, if sho has who if present would vote in the affirmative, while he himself would not remarried, or if there be no widow, or she bas romarrie•l, thon to the minor vote in the negative. chihl ot· children of such deceased non-commissioned officer, musician, artificer, wagoner, or private soldier, sailm·, or marine. Mr. DURAND stat.ed that his colleagues, Mr. A. S. WILLIAMS and SEc. 3. That in computing ancl ascertaining the bounty to bo {laid to any non- Mt. CONGER, were absent by order of the House, and that if present commissioned officer, musician , nrtificor, wa~on er, or private sold1er, sailor, or rna- both would vote in the affirmative. tine, or to bis proper repre.qentative, undt>r the provisions of this act, there shall be deducted therefrom any and all bounties already paid under the provisions of Mr. JOHN REILLY statedtbatbiscolleague, Mr. JAMES B. REILLY, anv Unite(l States or State laws. was absent by leave of the Honse. SEC. 4. That no bounty under the pl'Ovisions of this act shall be paid to or on ac- Mr. SOUTHARD stated that his colleague, Mr. NEAL, was absent count of any soldier who served as a substitute in tho Army, or who was a cap- attending the funeral of a friend-rela,tive. tured prisoner of war at the time of his enlistment, nor to any mte who was dts- churged, on his own application or request, for other canso than disability incurred Mr. CABELL stated that his colleague, Mr. TucKER, was absent by in the service pl'ior to the 19th day of April, 1E65, unless .. ucb discharge was ob- leave of the House, and that if present he woulcl vote in the negative. tained with a view to re-enlil:!tment, or to accept promotion in the military or naval Mr. SPRINGER stated that the gentleman from Louisiana, Mr. service of the United States, or to be transferred from one lJranch of the military SPENCER, was absent on aecount of sickness in llis family. service to another, and such person did actually so re-enlist, or accept promotion, or was so ti·ansfened; and no bounty shall be paid to any soldier discharged on Mr. FORT stated that his colleague, Mr. STEVENSON, was absent the aprlication or at the request of parents. guardians, or other persons, or on the by order of the House on the Louisiana Committee, ancl that, if grount of minority. present, he thinks be woulcl vote in t,he affirmative. SEC. 5. That every petition or application for bounty ma{}e under the provis- Mr. W. B. WILLIAMS stated that his colleague, Mr. BRADLEY, ions of this act shall disclose and state specifically, under oatlt and under the pains aml penalties of perjury, what amount of bounty bas 6een paid under tho provis- was absent bv leave of the House. ions of any OniteJ States or State laws to the non-comurissioned officer, musician, Mr. RAINEY stated t.hat his colleagne, Mr. MACKEY, was absent by artificer, wagoner, or private soldier, sailor, or marine by whom or by whose repre- leave of the Honse, and tho.t if present be would vote in the affirma . sentative the claim is made. ti~ . SEc. 6. That any attorney or agent who shall receive from any claimant a sum greater than $10 for the prosecution of any claim under tho provisions of this act, Mr. WILLIAMS, of Wisconsin, stated that his colleague, Mr. MA- · upon con>iction thereof shall pn.y a fine not to exceed $1,000, or imprisonment for GOON, was absent by le11.vo of the House. a term not less than one year, or both. aa tho court or jury may adjudge, and Mr. PAGE sta.ted that Mr. WOODBURN waa absent by leave of the shall forever thereafter be excluded fmm prosecuting claims of any nature whatso- House, and that if present he would vote in the affirmative. en·r against tbo Gi>vernment of the United l::)tn.tes. SKc. 7. That it shall not be lawful for any soldier to tramfer, assign, barter, or Mt. FRYE stated that his colleague, Mr. BLAL~E, was absent on sell his discharge, final statement, descriptive list, or other paper, for the purpose account of sickness; that Mr. PLAISTED was absent by order of the of transforring. assigning, bartering, or selling any interest in any bounty under House attending a committee, and that his other colleague, Mr.liALE, the provisionl; of this act. And all such tmnsfurs, assignments, barters, or sales was absetit on business. heretofore made are hereby declared null and void aa to any rights intended to be so conveyed by any such soldier. Mr. VAN VORHES stated that his colleague, Mr. VANCE, was ab- SKC. 8. That in anv case where a person entitled to receive pavment of bounty sent bv leave of the Honse. under tho provisions. of this ad shall mak.e application tbet·efor, ot· where such ap- Mr. BURCHARD, of Illinois, st11..ted that he agreed to pair with plication shall be made by the proper rt~prescnta.tive of snub person, being de- Mr. TuCKER, but as he did not know how he would vote, he asked ceased. and the discharge of such person has been lost, it sh::\11 I.Je competent for the ucconntiug officers to receive, in lieu of the actual production of such dischar~re, leave to record his vote in the ~ ffirmative. proof of tlie actual loss of the same and secondary proof of its issue and contents, Several ME:r.IBERS, (on the democratic side.) Vote. to""ether with proof of the identity of the .claimant or person deceased, under such 1\fr. BURCHARD, of Illinois, then votecl in the affirmative. rules.definiug the character and form of the evidence as tho Secretary of the Treas- ury shall prescribe. Mr. CUTLER stated that his colleague, Mr. HARDENBERGH, was Snc. 9. That no adjustment or payment of any claim of any non-commissioned absent by leave of the House. oilicer, musician. artificer, wa~oner, or private soldier, sailor, or marine, or his ~fr. J. H. BAGLEY stated that 1tlr. EvANS waa absent by leave of proper representative, under the provisions of this act, shall be made, unless the the House, and · that if present he would vote in the atlhmative. application be filed within Jive years from the passage of tho same. Mr. McMAHON stated that his colleagues, Mr. WALLING and Mr. Mr. KASSON. I demand the yeas and nays on the passage of the VANGE, were absent by leave of the Honse, and that if present they bill. would vote in the affirmative. Tbe yeas and nays were ordered. The vote was then announced as above recorded. The question was t.a ken; and it waa decided in the affirmative- Mr. COOK. I move that the title of the bill stand as it is. yeas 141, nays 46, not voting 103; as follows: The motion was agreed to. YEAS-MMRrs. Adams, Ainsworth, Anrlerson, Atkins, Bagby, John H. Bagley, Mr. COOK moved to reconsider the vote by which the bill was jr.. John ll. Baker, William H. Baker, Ballou, Bank!:!, Banning. Blair, Bland, 'VilJ. passed; :\nd also moved that the motion to recoMitler be laid on the mm ]{. Drown, Horatio U. Burchard. Samuel D. Burchanl, BUJ-le igh, Campbell, tal> I e. Cannon, Cason, Caswell, Cate, Caulfield, John B. Clark, jr., of Missouri, Clymer, Uocltrano, Cook, Cutler. Danford, De Bolt, Denison, Dil>rell, Dobl>ins, Dunnell, Dn· The latter motion was agreed to. rallll. Eames, Euen, Finley, Fort, Foster, Franklin, Freeman, Frost, Frye, Fuller, ORDER OF BUSINESS. Glnve1·. Goodin, Andrew H. Hamilton, Haralson, Hartzell, llatcber, Haymond, Heu- uo~, H6llderson?0,>ltlsm~th W: He'Y~t~ Hill, Hoge, Holman, Hopl.."ins, Hoskins, Rub- Mr. ffiTBBELL. I move that the House do now adjourn. \ 1876. CONGRESSIONAL RECORD-HOUSE. 39--11 Mr. LORD. I have risen to move that the House proceed with the dem.anded certain assurances or stipulations not mentioned in the treatv, but for- consideration of the bill1·e1ating to the Geneva award. · eig-n to its provisions, as a conilit.ion of the perlormance by Great Britain of her obligations under t.be treaty. · Mr. HOLMAN. I desire to make this snggcstion to the House: It In a recent communicatiol) to the House of Representatives and in answer to a is very important that the snndr·y civil avpropriation bill should be call from that body for information on this case, I submitted t.he corresponden0e disposed of to-morrow. I ask that by unauimous consent the Honse which has p!!.ssed between tho two governments with n·ference thereto. It willl>e take a recess until ten o'clock to-morrow morning for the consider- found in Executive Document No. 173 of t.he House of Representatives of the pl'es- ent session, and I respectfully refer therd:o for more detailed information bearing ation of that bill. It will then be in print. on the question. Mr. KASSON. Several important committees will be in session to-. It appears from the correspondence that the British government bMes its refusal morrow morning. to surrender the fugitive anti its demand. for stipulations or a-ssurances fl'om thls Mr. HOLMAN. There will, of course, be some debate on the bill be- Government on the re.quiroment.s of a purely domestic enactment of the Britisll Parliament, pa..'lSed in the year 1870. . fore any action is taken. This act was brought to the notice of this Government shortly after its enact- Mr. KASSON. I do not object to the gentleman's proposition, on ment, and Her Majest·v's government was advised that tho United States untlor- condition tha:t no vote sha 11 be taken until after the adjournment. Atood it as giving contl.nueu effect to tho existing engap:ement.s under the treaty of The SPEAKER p1·o temlJOre, (Mr. Cox having resumed the chair.) 1842 for the extradition of criminals; and, with this know led go on it.a part "aml without dissent from the declared views of the United States as to the unchanl!ee Ma.y, 1876, revising and amending the various acts establishing and regarded as the abrogation and aunulment of the art.icle of the treaty 011 P,xtradi- relating to a reform school in the District of Columbia, it is enacted tion. that two consult.ing trustees shall Le appointed, namely, one Senator l!nderthesocircumstances it will not, in my jml.,.ment, comport with the dignity of tho United States, by the pre~:>idiug officer of the Senate, for the or self-respect. d this Govemment to mako demauas upon tb.a.t governm:mt fot· t.he surrender of fugitive criminals, nur to entertain any requisition of that chara.cter term of four years, and one member of the House of Reprel:lentatives, from that ,!!;Overnment nuder the trraty. by the Speaker thereof, for the term of two years. Under that pro- It will be a cause of deep re~rct if a treaty which has been th11s far beneficial in vision of law, and with t.he consent and at the sug~est.ion of the its practical operation, whlch hM worked so well aucl!!o nlliciently, anrl which. not- Speaker of the House, the Chair names Hon. A. E. STEVENSON, of withstanding the exciting and at times violent poll tical tlistnrbances of which both countries have been the scene durin .~ its e:risteBco, bas given rise to no complai uts Illinois, for that position. on the part of either government against either its spirit or its provisions, should be abruptly terminated. SOUTH PASS OF l\IISSISSIPPI RIVER. It has tended to the protection of society and to the g~nernl interest-'! of bflth coun- Mr. HEREFORD, by una.nimous consent, from the Committee on tries. Its violation or annulment would be a retrograde step in intemational inter- Commerce, pre en ted a letter from the Secretary of War, transmitting course. · I have been anxious :mel have made tho effort to enlarge its Roope and to make a a report by Ma,jor Cyrus B. Comstock, Corps of Engineers, U1Jited new treat.y which would be a still more efficient agent for the punishment ami pt·e- States Navy, relating to the South Pass improvements of t,he .Missis- vention ot crime. At the same time 1 Jmvo felt it my duty to decline to y Great Britain, pendin;! its rl:!fosa.l to oxecate tho exi~t. iug The motion was agreed to. treaty, to amend it l>y practically conceding by treaty tho identical conditions whicu that government clemautls unrler its act of Parliament. In adllition to tho impmmi- PACIFIC RAILROAD BILL. bilitv of tbe United States onterin~ upon negotiations under tho menace of an iu- tendell violation or a. refusal to execnw the terms of an exi8ting treat.v, I deemed Mr. LAWRENCE. Mr. Speaker, I wish to state that a few days it inadvisable to treat of only the one amendment pi'Opo:;ell b.v U.rea.t Britain while ago I announ:ced that I would this day ask a vote on the bill (H. R. the United States desires au enlargement of the list of crimes for which uxtradit.inu No. :3672) to ameml the Pacific Railroad acts, so a.s to require the so- mav be asked a..u d other improvements which experience has shown might be em- botlicd in a new tre.'1ty. called Pacific R..'tilroad Companies to create a sinking fund to pay th~ It is for· the wisdom of Congress to determine whether the article of the treaty principal and interest of the subsidy bonds issued to them. relatin,11; to extradition is to be any low~er regardt>rl as ol>li~atory on tho Go\·orri- The Judicitu·y Committee this morning, or a majority of the com- meut of the United States ()I' as forming part of tho su•1romo law of tho lan rl. Shonld the attitude of the llritish government remain uuelu..n.!!ed, I shall not, with- mittee, for reasons which they deemed satisfact-ory, directed that no out an l'\xpres.'1ion of tho wish of Congress that I sltonld clo so, take a.ny aoti••n vote should be asked on the bill nniil the 6th day of Jn]y .. I deem it either in making or granting reqnisitious for the surrend.er of fugitive criminals just to myself to say I do not concur in the expediency of that action under the treaty of 184:!. of the committee; but of course I yield to it wit.h entire respect for Respectfully snbmitted. the majority who deemed this course advisable. It is proper to say U. S. GR.ANT. W ASHIYGTON, Jttne 20, 1876. one member of the committee who wishes to submit some views in opposition to the bill desired further time, and in a day or two more Mr. BANKS. I move that the message of the President just read doubtless quite a number of members expect to start to Saint Louis. be referred to the Commit.tee on Foreign Affairs, antl that. it be printed. If the bill shall finally pass, it wil.l save to the Government more than The motion was agreed to. a sufficient sum to pay the soldiers tho bonn ties so justly due them. CLAI~IS UNDER ACT OF JULY 4, 1864. EXTRADITION THEATY WITH GREAT BRITAIN. The SPEAKER p1'o tentpore. The Chair lays before the Honse a Mr. WHITE. I ask unanimous consent to offer for present consid- message from the President of the United States, which the Clerk eration the resolution which I send to the desk. willread. . The Clerk read as follows: The Clerk read as follows: Resolved, That the Secretary of the Treasury be, and he is hereby, requested to transmit to the llouso a list of claims a.rising under the act of July 4, Hloi4. wllich To the Senate and House of Representn.tives: ha.Ye been examined and allowed since December, 7, 1875, by the proper accounting By the tenth article of the trt'-aty between the United States and Great Britain, officers, and which have not been reported to Congress. . signed in Washington on the 9th !.lay of .August, 184:.!, it was agreed that the two ~overnments should, upon mutual requisitions rcs'{lectively made. lleliver up to Mr. EDEN. Let the resolution be referred. justice :ill persons who, being cbar)!ee reported. Great Btitain, he was held and committed for extradition. Mr. BURCHAR.D, of Illinois. Are these the claims referred to in ller Majesty's ~overnmeut, however, clid not deliver up the fu~itive in accord- ance 'vith the tt·rms of thl'\ treaty, notwithstanding every requirement thereof hnd tho report of the Secretary of the Treasury f been met on the pax"tof the United States, but, instead of surrendering the fugith·e, .Mr. WHITE. No, sir; these are adjection to the resolution. No. 3756) for the relief of Henry A. Bateman; which was1·ead a fil'st Mr. WELLS, of Missouri. I hold in my hand a letter from the and second time, referred to the Committee on. Indian. Affairs, anrl. Secretary of the Treasury dated March 24, and printed as an execu- orde1·ed to be printed. tive document, containing all the items allowed up to that date. MASTERS IN THE NAVY. Mr. LAWRENCE. But others have been allowed since. The law Mr. VAN VORHES, by unanimous consent, introduced a bill (H. R. requires t.he Secretary of the Treasury to make a. report to Congress of claims allowed, and Congress makes an appropriation to pay for No. 3757) to range the members of the class of 1~70, graduates of them. This resolution is entirely right. the United States Naval Academy, now serving in the Navy, as mas- Mr. KASSON. Before the question is taken on the motion for a re- ters on the masters' list; which was read a first and second timo, re- cess, I wish to say that it has been suggested that a session of the ferred to the Committee on Naval Affairs, and ordered to be printeU. House necessarily vacates appointments for the meeting of commit- RAILWAY FROM LAKE MICIDGAN TO THE ATLANTIC. tees which have not leave to sit during the sessions of the House. Mr. HAYMOND, by unanimous consent, in.trodnce(l a bill (H. R. That being so, I have no reason to insist on my objection to a recess. No. 3758) chartering a freight and passenger railway from Lake Mich- The SPEAKER pro tempore. The question before the House is not igan to the southwest Atlantic sea.l>oard; which was road a first and. the motion for a recess, but the resolution of the gentleman from second time, referred to the Committee on Rail ways and Canals, and Kentucky, [Mr. WHITE.] ordered to be printed. The question being taken, Mr. WmTE's resolution was adopted. WITHDRAWAL OF PAPERS. FIDELIO L. HUNT. On motion of Mr. WILSON, of Iowa, by unanimous consent, leave Mr. LAMAR, by unanimous consent, introduced a bill (H. R. No. was granted for the withdrawal from the tiles of the House of the 37f>O) for the relief of Fidelio L. Hunt, late collector of internal reve- papers in the case of Sally E. Herrick, no u,dverse report roving been nue in the second district of Mississippi; which was read a first and made thereon. second time, referred to the Committee of Ways and Means, and or- LEAVE OF ABSENCE. dered to be printed. Mr. BEEBE was granted leave of absence for +sn days on account of EXCHANGE OF UNITED STATES BONDS. important business. Mr. MUTCHLER, by unanimous consent, introduced a bill (H. R. Mr. SPENCER was granted an extension of his leave of absence un- No. 3751) authorizing the exchange of registered bonds for coupon til the 26th instant on account of illness. bonds; which was read a first and second time, referred to the Com- Mr. LAWRENCE was granted leave of absence for ten days on ac- mittee of Ways and Means, and ordered to be printed. count of important business. EXPENDITURES ON PUBLIC BUILDINGS. :rtlr. HuRD was granted leave of absence for two weeks. Mr. WILLIAMS, of Delaware, was granted leave of absence for two Mr. POPPLETON. I desire the adoption of the resolution which weeks. I send to the Clerk's desk, to enable a subcommittee of the Commit- The question was then. taken on Mr. HUBBELL's motion, and it was tee on Expenditures on Public Buildings to take testimony. agreed to; 3Ild accordingly (at five o'clock and ten. minutes p.m.) The Clerk read the resolution, as follows: the House adjourned. Resolved, That the Committee on Expenditures on Public Buildings be, and is hereby, authorized to send a subcommittee of said committee to New York City and such other places as the commUtee may deem proper and necessary for the pur- PETITIONS, ETC. pose of taking testimony in matters of expenditures on public buildings in said The following memorials, petitions, and other papers were prese~ted city and elsewhere, and that said subcommittee have power to send for persons ana papers and employ a stenographer, and t.he chairman of such ·subcommittee at the Clerk's desk under the rule, and 1·eferred as stated: shall have power to administer oaths. By Mr. BANNING: The petition of D. W. Bliss, president, and Mr. KASSON. Is that resolution reported from the committee f James B. Cart-er, corresponding secretary, of the Soldiers and Sailors' Mr. POPPLETON. Yes, sir. , National Beneficial Association, presenting the names of 1,060 of the Mr. KASSON. Anrl. it entitles the subcommittee to go anywhere, members of said association asking fort he passage of a bill for the equal- to New York or any other city T ization of bounties to the soldiers and l:!ailors of the late war, to the Mr. POPPLETON. Yes; but especially to New York. Committee on Military Affairs. The resolution. was agreed to. By Mr. CLARKE, of Kentucky: The petition of Samuel T. Jones, M.r. POPPLETON moved to reconsider the vote by which the reso- for a pension, to the Committee on Invalid Pensions. lution was adopted; and also moved that the motion to reconsider be By Mr. COX: The petition of T. S. Stewart, for a pension, to the laid on the table. same committee. The latter motion was agreed to. By Mr. FINLEY: The petition. of Mary Falaney, widow of Fer- nando Falaney, a soldier of the Florida Indian wa.r of 1837 and 1838, TAX ON NOTES OF STATE BANKS. for a pension, to the same committee. Mr. RIDDLE, by unanimous consent, introduced a. bill (H. R. No. By 1\Ir. HENKLE : Resolutions of the mayor and city council of 3752) to repeal section 3412 of the Revised Statutes~ which imposes a Baltimore, favoring the erection of a light-bouse on the White Rocks 10 per cent. tax on the notes of State banks and State banking asso- in the Patapsco River, to the Committee on Commerce. ciations used for circulation and paid out by them; which was read By Mr. HUNTON: The petition of Mrs. Sidney A. Harrison, that a first and second time, referred to the Committee on Banking and the pension granted to her late husband may be continued to herself, Currency, and ordered to be printed. to the Committee on Revolutionary Pensions. FRUIT BRANDY. By Mr. JENKS: The petition of Dr. S. S. Christy, for office rent, Mr. PHILIPS, of Missouri, by unanimous consent, introduced a fuel, subsisting recruits, and for services rendered as recruiting agent bill (H. R. No. 3753) authorizing the growers of fruit to manufacture for the Eighteenth Regiment United States Army, to the Committee the same into brandy under certain limitations; which was read a on War Claims. first and second time, referred to the Committee of 'Vays and Means, and, with the accompanying memorial, ordered to be printed. SAMUEL DUNI\"ELL. IN SENATE. Mr. BURLEIGH, by unanimous consent, introuuced a hill (H. R. No. 3754) for the relief of Samuel Dunnell, late a second lieut.e nant in WEDNESDAY, June 21, 1876. CompanyC, Twenty-seventh Regiment Maine Volunteers; which was read a fust and second time, referred to the Committee on. Military Prayer by Rev. P. H. BuRGHENETT, of Washington, District of Co- Affairs, and ordered to be printed. lumbia. The Secretary proceeded to read the Journal of yesterday's pro- FRANCIS ARMSTRONG. ceedings, when., on motion of :rtlr. MORTO~, and by unanimous con- Mr. GLOVER, by unanimous consent, from the Committee on Mili- sent, the further reading was dispensed mth. tary Affairs, reported back favorably the bill (H. R. No.1977) for the EXTRADITION TREATY WITH GREAT BRITAIN. relief of Francis Armstrong; which was refened to the Committee of the Whole on the Private Calendar, and, with the accompanying re- The PRESIDENT lYI'O tempore laid before the Senate the following port, ordered to be printed. message from the President of the United States; which, on motion of Mr. MoRTON, was referred to the Committee on Foreign Relations, ADVERSE REPORT. and ordered to be printed: Mr. GLOVER also, by unanimous consent, from the same commit- To the Senate and HoWle of .Representatives: tee, reported adversely on the petition of R.N. Hood; and the same By the tenth article of the treaty between the United States and Great Britain, was laid on the t.able, and the report ordered to be printed. signet! in Washiuj!ton on the 9th day of August, ld42, it was agreed that the two ~o¥eruments should, upon mutual requisitions respectively made, deliver up to NICHOLAS DOWLING. JUStice all persons who, being char~ed with certain crimes therein enumerated, com- 1\Ir. CAULFIELD, by unanimous consent, introduced a bill (H. R. mittoo within the j tnisiliction of either, should seek an asylum or be found within No. :375fl) granting a pension to Nicholas Dowling; which was reau a the territories of tho other. Tho only con11ition o1·limitation contained iu the trraty to the reciprocal obli;:!a- first anu !!lccond time, referred to the Committee on Invali<.l Pensions, tion thus to uoli\cr up the fugiti\·o was that it sllouhl be llouo only upou snch ovi- and ordered to be printed. dence of criminality as, accotili.ng to tho laws of the !Jlaco where the h·A:tivo or 1876. CONGRESSIONAL RECORD-SENATE. 3943 person so charged should be found, wonld justify his apprehension and commitment A bill (H. R. No. 3740) providing for the recording of deeds, mort- for trial if the crime or offense had there been committed. gages, and other conveyances affecting real estate in the District of In the month of Fellruary last a requisition was duly made, in pursuance of the provisions of the treaty, lly this Government upon llia.t of Great Britain for tbe Columbia; surrender of one Ezra D. Winslow, charged with extensive forgeries and the utter- A bill (H. R. No. 3741) amending an act incorporating the proprie- ance of forged paper, committed within tho jurisdiction of the United St-ates, tors of Glenwood Cemetery; _ 'Who had sought an asylum, and was found within, tho territories of Her Britannic A bill (H. R. No. 3745) to prevent -the sale and use of adulterated Majesty, and was apprehended in London. Tho evidence of the criminality of the fugitive was duly furnished and beard, aml, boiug found sufficient to justify his and explosive illuminating oils and other fluids in the District of Co- apprehension and commitment for trial, if the crimes had been committed in lumbia; and Great Britain, he was held and committed for extradition. A joint resolution (H. R. No. 100) providing a commission to frame Her Majesty's government, however, did not £1eliverup the fugitive in accordance a permanent form of government for the District of Columbia, aud with the tR.rms of the treaty, notwith8tanding e\ery req nirement thereof haernment., if adhered to, cannot but be .Mr. CI.JAYTON presented a petition of the mayor and common regarded as the abrogation and annulment of the article of the treaty on extradi- council of Fo~t Smith, Arkansas, praying an appropriation for the tion. Under these circumstances it will not, in my jmlgment, comport with tbe dignity improvement of the Arkansas River at that place; which was referred or self-respect of this Government to make demands upou that goverumentfortlie to the Committee on Commerce. surrender of fugitive criminals, nor to entertain any requisition of that character from that government under too treaty. REPORTS OF COIDITITEES. It will be a cause of deep regret if a treaty which has been thus far beneficial in • Mr. WRIGHT. The Committee on Claims, to whom was recommit- its practical operation, which has worked so well aud llO efficiently, and which, not- withstanding the exciting and at times violent political disturbances of which both ted the bill (S. No. 4:~G) for the relief of WilliamS. Robinson, of Mal- countries have been the scene during its existence, ha.s ¢von rise to no complaints den, Massachusetts, have instructed me to report it with an amend- on the part of eit.her government against either ita spirit or ita provisions, should ment. I will state that this bill was at one time reported to the Sen- be abruptly terminated. ate and its indefinite postponement recommended by the committee. It bas tended to the protection of society and to tbe general interests of both coun- tries. Ita violation or annulment would be a. retrograde step in international inter- It was recommitted upon evidence, and, upon an examination of that course. evidence, the committee agree to report it back and recommend its I have been anxious and have made the effort to enlarge its BCOJ?e and to make a passage. n~w treaty which would be a still more efficient agent for the pumshment and pre- vention of crime. At the same time I have felt it my duty to decline to entertain The PRESIDENT pro te11~pore. The bill will be placed upon the a proposition made by Great Br·itain, pendin)! its refusal to execute tbo existing Calendar. treaty, to amend it by practically conceding by treaty the identical conditions whlcli Mr. \VRIGHT. The same committee have had under consideration that government demands under its act of Parliament. In addition to the impossi- the petition of Mrs. Mary ·walsh, praying compensation for services bility of the United StAtes ent-ering upon negotiations under the menace of an in- rendered by her husband, Redmond Walsh, as plumber aml gas-fitter tended violation or a. refusal to execute the terms of an existing treaty, I deemed it inadvisable to trf'at of only the one amendment proposed by Great Bl'itain while at the Government Ibsane .AJ;y lum, Washington, District of Columbia., tho United States desires an enlargement of the list of crimes for wkich extratlition from August 1, UlG7, to May 1, 1875, and also for services as a pri vat.e may be asked, and other improvements which experience has shown might be em- in the Ma1·ine Corps, United States Navy, from April13, 1838, to April bodied in a new treaty. 13, 1876. The committee find upon an examination of this petition It is for the wisdolll of Congress to determine whether the article of the treaty rel:ttin~. to extra.dition is to be any longer regarded as obligatory on the Govern- that it is not sworn to and there is no evidence whatever accompany- ment or the Umted States or as forming part of the supreme Jaw of the land. ing it. The claim itself seems to be most extraordinary; and we Shoulcl the attitude of the British government remain unchanged, I shall not, with- recommend that the committee lJe discharged from its further con- out an expression of the wish of"Congress that I shonltl do so, take any acti•'n sideration, and that the claim be rejected. eit,h er in making or granting requisitions for the SUlTOnder of fugiliive criminals under the treaty of HH2. The report was agt·eed to. Respectfully submitted. Mr. WRIGHT. The same committee, to whom was recommitted tht> U.S. GRANT. bill (H. R. No. 37) for the relief of William H. Nessie, after a recom· W ABHINGTON, June 20, 1876. mendation that it be indefinitely postponed, have had it again unde1 EXECUTIVE COMMUNICATION. consideration. They have examined the additional evidence, adhere The PRESIDENT pro tempore laid before the Senate a communica- to their former recommendation, and again ask the Senate to concur tion from the Secretary of War, tr;1nsmitting a report of the Adju- in the order that the l)ill be postponed indefinitely. tant-General in the matter of the proposed relinquishment of the The bill was indefinitely postponed. garden tract at Camp Verde, Arizona Territory, and recommending Mr. CAPERTON, from the Committee on Claims, to whom was re- the passage of an act authorizing the relinquishment of the same to ferred the petition of H. H. Mathis, of Saint Francis County, Ar- the custody and control of the Secretary of the Interior for disposi- kansas, praying compensation for cotton taken and appropriatell tion under the public land laws; which wa.s ordered to lie on the by United States troops 'during the late war, submitted a report table and be printed. thereon, accompauiell by a. bill (S. No. 931) for the relief of H. H. HOUSE BILLS REFERRED. Mathis, 6f ArkansaS. The bill was read and passed to the second reading, and the re- The following bills and joint resolution from the House of Repre- port was ordere(l to be printed. sentatives were severally read twice by their titles, and referred to Mr. COCKRELL, from the Committee on Claims, to whom was re.- the Committee on the District of Columbia: ferred the bill (S. No. 781) for the relief of Margaret Ireland, wiuow A bill (H. R. No. 2043) to improve the law in relation to dower in of Amos Ireland, reported it with amendments, and submitted a re- the Di'ltrict of Columbia; port thereon; which was ordered to be printed. A Lill (H. R. No. 3411) authorizing the repavement of Pennsylvania Mr. SARGENT, from the Committee ou Naval Affairs, to whom was avenue; referred the petition of David De Haven, praying compensation for 3944 CONGRESSIONAL RECORD-SENATE. JUNE 21, the loss of the steamer Alonzo Child, taken possession of by the rebel 1858, asked to be discharged from its further consideration ; w hi'ch forces at Memphis, Tennessee, in l\!ay, 1862, and .subsequently taken was agreed to. by the United States forces and placed in the naval service .o f the He also, from the same committee, to whom was referred tue peti- United States, submitted a report thereon, accompanied by a bill (S. tion of Lieutenant Samuel C. Barney, United States Navy, praying to No. 932) for the relief of Daviil De Haven. be restored to the retired list of the Navy, asked to be discharged The bill was read and passed to the second reading, ::tnd the report from its further consideration; which was agreed to. was ordered to be printed. He also, from t.he same committee, to whom was referr~d the me- Mr. BOGY, from the Committee on Private Land Claims, to whom morial of H. L. Gamble, widow of the late Lieutenant J ohu Gamble, was referred the bill (S. No. 623) for the relief of settlers on certain United States Marine Corps, praying compensation for the capture by lands iu the State of California, submitted an adverse report thereon; her husband during the war of 1 12 of thl.'l vessel SerinO'apat{lm, which was ordered to be printed, and the bill was postponed indefi- asked to be discharged from its further consideration; which was nitf'ly. a.greed to. He aJso, from the same committee, to whom was referred the bill .M:r. LOGAN, from.the Committee on Military Affairs, to whom was (H. R. No. 97) directing the Commissioner of the Genera.l Land Office referred the bill (H. R. No. 597) for the relief of Anderson J. Smith, to issue certificate of relocation for six hundred and forty acres of reported it without amendment. land in the territ.ory of Missouri to legal representatives of Sallluel He also, from the same committee, to whom was referred the bill Ware, reported it without, amendment.. (H. R. No. 2404) for the relief of JohnS. Dickson, late captain of pa- Mr. CONOVER, from the Committee on Naval Affairs, to whom roled prisoners, reported it without amendment. was referred the bill (S. No. 759) authorizing tho President to appoint He also, from the same committee, to whom was referred the bill Henry Hoover a naval constructor in the United States Navy, re- (H. R. No. 2017) for the relief of Lizzie Irm~s, sister of Lieutenant J o- ported adversely thereon ; and the bill was postponed indefinitely. . seph F. Irons, late of the First United States Cavalry, reported ad- He also, from t.he same committee, to whom was referred the bill versely thereon; and the bill was postponed indefinitely. (S. No. 299) to amend section 15B8 of the Revised Statutes, relating to He also, from the same committee, to whom was referred the bill . the pay of medical and pay directors, reported adversely thereon. (H. R. No. 2121) to authorize commissioned officers of the Army to Mr. ALLISON. I am instructed by the Committee on Indian Af- make deposits under the act of May 15, 1872, reported it without fairs, to whom was referred the bill (H. R. No. 2677) to tmnsfer the amendment. Office of Indian Affairs from the Interior to the War Department, to He also, from the same committee, to whom was referred the bill report it back and a.sk that it he postponed until the Thlll'sday after (H. R. No. 1402) for the relief of Henry E. Wilkinson, late first lien- the first Monday in December next. tenant of Company I, Ninety-ninth Regiment Pennsylva.n ia Volun- Mr. INGALLS. I ask that the bill may lie on the table, and that teers, reported it without amendment, the committee adopting the it be not acted upon at this time. report of the Honse committee. The PRESIDENT 1n·o tempore. The Senator from Kansas asks that He also, from the same committee, to whom were referred the fol- the bill lie on the table for the present. Is there objection f lowing petitions, memorial, and resolution, asked to be dischargeu Mr. ALLISON. I do not object to the bill being passed over for the from their further consideration; which was a~rreed to: moment: but it ought to be disposed of. The petition of Andrew Lutz, late major of t:he Eighth New York The PRESIDENT pro tempore. The Chair hears no objection; and Volunteers, praying to be .allowed the pay due him as such officer lbe bill will lie on the table for the present. from August 1, 1861, to November 22, 1861; Mr. WAD LEIGH, from the Committee 011 Patents, to whom was · The petition of James H. Johnson, of Roane County, Tennessee, late referred the petition of Thomas S. Whitenack, praying an exteusion of major of the Eleventh Regiment oi Tennessee Cavalry, praying re- his patent for an improvement in rakes for harvesters~ submitted au imbursement of certain moneys expended by him in recruiting aud adverse report thereon; which was agreed to, and ordered to be printed. organizing said regiment; He also, from the same committee, to whom was referred the peti- A memorial of the city council of Alexandria, Virginja, in relation tion of Julius A. Pickering, praying an extension of patent No. 23532, to the proposed construction of a monument at Yorktown, Virginia, for attaching boot-straps, asked to be discharged from its further con- commemorative of the closing battle of the revolutionary war; an gain economically by the transfer r· I submit that it is I say, then, the Indians have some claim upon us for our consit1era- au impossibility uuless you assume, to uegin wi th, th:"tt there is no llon- tion, and expenditures must be made for them whether they arc un- esty except in the Army; 1mlcss you a surue, to begin with, that the In- der the control of the .Army or whether they are under the control of t erior Department is, and of necessity must be, under aU :td.m:nistm- a civil department of the Government. tions and under all ci.roumstances, a!Jsolutely and. irretrievably cur- 1876. CONGRESSIONAL RECORD-SENATE. 3949 rnpt. ; that we can find no man in this country with honesty nnd in- had for many years, ann that war grows absolutely and entirely out fp]Jigence eunngh to administer the Bureau of Indian Affairs unless of a breach of faith on tho part of thisGoYernment. Can my friend wr :wsign to Hs administrat.ion a colonel of the Army. deny it 'I When we talk about civilization, it is a little questionable I. for one, am not ready to ~mit such a proposition. I submit, where it should begin, whet.her with this race or with the other. tlwrrforr, that no Senator can point out to me a material saving by Years and years ago we set apart the Black Hills country to a race of the tran:sfer of this Bureau to the War Department. Indians; we gave it to them in perpetuit.y; we made as solemn an And huvilig t:aic~ this much, 1\lr. President, I shall conclude by ad- engagement with them as we could make with any nation in the diug only that it is my purpose to oppose at every stage possible the world, and we solemnly promised to protect them in the enjoyment t.nm ·fer nf the Irulians to the care of the Army of the United_States. of that property. We did that for a consideration. They gav.e up ~lr. SAULSBURY. Will the Senator before he takes his seat allow lands :md territories that are now ricb, covered with white popula- m~ to ask biru how many employes there are under this Bureau f tion. We made this contract with them and we are breaking it, and Mr. ALLISON. If the Senator will tell me what he means by the whole world know& we are breaking it. There is no disguise abont '' etllployt:.s,'' I will :mswer. it We promised to keep that country for them and to keep thew bite Mr. SAULSBURY. I mean nil the persons employed by the Indian men out, and we do not do it; we let the gold-hnnters go in there by -. llurNm to ctf-:ct the objects of the Bureau, to carry out the policy of the thousand, destroy iug their game, taking away their means of sub- the Bureau. sistence. We do not keep them out and we do not try to keep them Mr. ALLISON. There are eighty Indian agents. This bill appro- out. Then tho Indians take the only course that uncivilized men priates for sixt.y-eight. There is a reduction in the number of agents. know a.nything about. They have got no courts; t.hey cannot prose- 'l'hrre are, I believe, in the Bureau of Indian Affairs thirty-five clerks cute these gold-hunters for trespass for invading their territory. They who are keeping the books of the Bureau. Does the Senator from employ the on1y law that is known to them, and that is t.he law of Delaware snppose that +,bose clerks will not be necessary if the Bu- force; and then we make war upon them. We are now sending nearly rc·an iii tran~:;ferred to the War Department t They have clerks in the three thousand men into that territory, three or four columns of WRt' Department as they have in the Indian Bureau, and yet this bill troops, that will cost us perhaps from five to ten millions of dolla,rs. mnkes no provision whatever for the keeping of the accmmts of the Nobody can tell the end of it. The Indian war iu }'lorida, wllere India11 Bnreau in the War Department. there wns not one Indi:m where there are twenty in the Black Hills, Mr. SAULSBURY. My question was one for information, not for cost this Goverment over $40,000,000. Now we are entering upon a criticism at all. most formidable Indian war, and the cost of it no man can predict; Mr. ALLISON. I understand. There are thirty-fiv~ employes in and it is brought about absolutely anll entirely by a breach of fa1th t'ue Bureau proper here. on the part of this Government, and yet we say these people cannot Mr. MORTON. Mr. President, the question before the Senate is as be civilized, therefore tmn them over to extinction. to the transfer of the government of the Indians and the management I am asked the question" What is the highest measure of civiliza- of t.heir affairs from the Interior to the War Department. This is in tion T" The observance of good faith, keeping your word. I know no sense a question of appropriation. It is no more a question of ap- of no brighter jewel in the crown of civilization than truth, good propriation than is t.he making of an Indian treaty. It is general faith, intf'grity, and honest rlea.Jing. That is what we are not doing. legislation of t.be most important character, and I eall the attention We let these gold-hunters go by the thousand into the country of the of Seuat<,rs who propo e to vote for this transfer to the fact that while Indians, absolutely annihilating their game and means of living, and we have·insisteu on the proposition as· applied to other appropriation in doing that we are not only doing the Indians a great wrong, bnt bi lis t.hat genernl legislation changing essentially the character of the we are doing the gold-hunters a great wrong. All the evidence goes service of the United States should not be put upon snob bills, if we to provo that there is but little gold there. Htmdreds of them have aclopt this transfer we break down that partition entirely, because starved to death; nearly all come back ruined, and many of them here is a proposition of a general character involving no appropria- come bnck desperate. More men die from starvation, and there is far tion whatever! and if we can adopt this we can on appropriation bills more suffering brought about by disappointment and defeat than change the whole civil service of the United Rtates~ and we can refer there is by the violence of the Indians. If we had kept these men the administration :tnd the organization of the civil service to the out and done our duty, we should have performed for them the high- Appropriation Committees of the two Houses. That is my first ob- est possible service; but they were deluded by speculators, by ad- jection to the third section of the bill. I have taken the ground with venturers, and they have been drawn on by visions of sudden wealth regard to other appropriation bills tha11 it is not the duty nor is it a from the gathering of gold until there has been untold suffering part of the office of the Appropria.t ion Committees to recommend and among them. The gold is not there, except in very small quantities. present legislation of this kind; but if we recognize it in this case The Indians become outraged. A great war is to result, to cost us we are perfectly naked, so far as legislation of this kind is concerned, many, many millions of dollars. Yet we say we will turn these In- in reference to every other appropriation bill. I would say, there- dians over to the War Department b6canse "ibey cannot be civilized. fore, t.o Senators t.hat to be consistent upon this subject they must We~l, if they are to judge of our civili~ation by our truthfulness, by exclude the consideration of this matter from this bill. It is too hig our good faith, they will have none of it. That is very certain. a qnestion to come up on an appropriation bill. It is a qnestion that My friend from Missouri says the system has failed. It is not the onght to be considered not by the .Appropriation Committee, but by failure of that system; it is the failnre of ourselves; that is it; aud, the Committee on Indian Affairs. If tho Appropriation Committee if the failure is in ourselves, how much better will it be when you be the proper committee to consider t.his question, they m~y tnke all put the matter in the hands of the War Department! They cannot the Indian business just as well. It belongs to the Committee on civilize. That is not their trade. Soldiers never made missionaries. Indian Affairs, a.nd has no place upon this bill. . Men who are educated fo1· war do not look to the arts of peace; they Mr. President., this proposition, in my opinion, involves another; and look inevitably in the direction of their education. l\Iy friend would that is, it is equivalent to saying, if it, is adopted, that the Indiaus clo so, and I would do so, and any other man would if he was brought cannot be civilized, and that. they have but one prospect, and that is up in the Army. I know something about the power of edncat.ion, war and extinction. It is a simple declaration that the Indians can- and we understand distinctly that the Army cannot be a ci\ilizer, not be civilized. The argument of my friencl from Missouri [Mr. and it cannot and will not be a miqsionary. BoGY] yesterday, and every argument I have heard in favor of the l\Ir. MERRIMON. I beg to ask the Senator a question with the transfer, proceeds on that hypotl.Jesis, that the only fate awaiting the view of getting his views on the point I am going to make. Why Indian is extinction and that be cannot be civilized. That is the will the transfer of the Indian Bureau to the War Department neces- substance of every argument that is ruade or that can be made in sarily imply that war will be made upon the Indians or that they favor of tho proposition. It is certainly the substance of what my will not have all the advantages they now have of missionaries to friend from Missouri said. I do not believe in that doctrine for one civilize them f Does w~ or the driving out of the missionaries fol- moment. I do not believe there is a race of men on earth that can- low as a necessary consequence of transferring the Indian Bureau to not be civilized. There is not a civilizet.luation to-day that was not the \Var Department T at one time a race of savages, and it is very doubtful whether what Mr. MORTON. I say to my friendfromNorthCarolina that I think we call civilization originated with white men. The probability is it does imply the abandonment of every organized effort at civilization. that it originated with men who are called red or copper-colored. Mr. MERRIMON. Why f · Why should we say that the Indians cannot he civilized T Has the Mr. MORTON. Because it is a military government with military experiment failed T It certainly has not. Look at the condition of icleaa; and because the change will be made on account of the very the ~ribes in the Indian Territory. They are not what we would like conviction, as argued by the Senator from Missouri, that you cannot them to be; but yet they hav-e made great advances, and their con- civilize them. That is the reason. The change proc~eds upon that dition iB full of hope and enconra.gement.. Look at the remnants of hypothesis; and after you have made the change for the express tribes in New York and other States, scattered around now in all the reason that you cannot civilize them, does my friend believe the ef- older States of this Union. The Indian can he civilized, and he will fort to civilize them will be continued f Certainly not. he civilized, if the proper smToundings are bad and the proper method Mr. MERRIMON. I have the impression, if the Senator wants me is taken. to answer now, that it is perfectly competent to use the Army in such But, Mr. President, one great difficulty in the way of civilizing the way as to keep the white man from trespassing on the Indians and Indians is that we have not acquired tl.Jeir confidence, that w~ have opening up the most efficient avenues for purposes of civilization- nnt kept faith with them. We have dealt with them falsely for a avenues that certainly will be much more effective than those now hundred years past, ay for two hundred years, and we ai:e breaking employed-and to send mi sionaries and school-teachers there and faith with them this very day. We are now in the beginning of wbat protect them in a way that they are not now protected, giving them threatens to be a formidable Indian war, the most formidable we have a power to operate their offices that tl.Jey do not now enjoy. 3950 CONGRESSIONAL RECORD-SEN.L~TE. JuNE 21, Mr. MORTON. That argument woulcl be a pretty good one for favor of this change T They say it is cheaper, a,s if cheapness were tbe military government in every respect. I want to make one sugges- only consideration; that we have a right to do a thing becau e it is tion to my friend in reference to the present effort being made to civ- cheaper. I once heard the same argument made in favor of slavery, ilize the Indians. As was shown yesterday by the Senator from Illi- because men could raise cotton chea.per with slave 1'lbor than with nois, [Mr. LOGAN,] it bas been a favorite idea with this Government free labor. T:Se world put that argument .under its feet. Here we fi'Om tho time of its first organization to civilize the Indians. It was have the argument in favor of this transfer that it is cheaper; there- the opinion of Wa hington, of Jefferson, of :Madison, of Monroe, and fore every other consideration must be ignored. Will it be cheaper f of their successors, that the Indian could be and ought to be civ- As the Senator from Iowa [:Mr. ALLISON] pertinently asked a few ilized; but we have nov: taken a atop in advance-antl I call the at- minutes ago, will it be cheaperf I say it will be productive of In- tention of the Senator to it-in the way of civilizing the Indian that dian war, war after war, and one Indian war will cost more perhaps was never taken before, and the prospect is better than it ever was than it would cost to maintain the Indians for ten years. The Florida before I see the Commissioner of Indian Affairs here to-day, and I war with a handful of Seminoles cost the Government over $40,000,000; venture to assert that under the operation of the present system and a war which ought to have been avoided, which was uttel'ly ground- polit-y we have a better class of Indian agents now along the whole less; a war that was brought about likA the present Black Hills war; frontier and beyond it than we have ever had before. by bad faith on the part of the United States. Yet we would break Mr. OGLESBY. The Commissioner of Indian Affairs not having our faith at every step, and the result of it is to give over these In- the liberty to speak on this floor, I rise to answer the question of the dians as a bad job and say they cannot be civilized. Senator from Indiana, and t.o state that it is the decided opinion of As was remarked awhile ago, Mr. President, we have a duty to the Commissioner of Indian Affairs and his colleagues that the Gov- perform to the Ind!ans. In the first place, if we turn them over to ernment never bad a better set of Indian agents than it has at this the War Department and abandon all attempts at their civilization, time. it is saying to the Indians in the face of the world, "We expect to Mr. MORTON. So I understand. Ten, twenty, thirty, forty years support you until you are dead; our interest therefore is to have you ago we had Indian agents, but they were appointed chiefly through killed off as fast as possible; we take no step to make you self-sup- the instrumentality of politicians. They were men who were needy, porting; we provide you with no eclucation, with no agricultural who could afford to go out there for a small salary, expecting some- implements; we do not instruct you to take care of yourselves; we times to augment, it by improper means. They were not chosen be- have to take care of you, and will submit to it as long as you live; cause of their fitness always, although many good men were chosen, therefore it is our interest that you shall not live very long." and ther~ were shortcomings and there were failures. But now we On the score of economy we should make them self-supporting; have this policy, and I think Senat.orsought to consider it. The dif- we should educate them. The only Indians who do not cost us any- ferent churches in this country, the great religious denominations, thing are those living in the Indian Territory to-day, who by means have taken the matter into their hands. The selection of agent,s is of civilization are raising their own bread and making their own pro- no longer left to chance. It is no longer left to Senators and Repre- visions. They are the only Indians who are taking care of them- sentatives who may want to reward their friends or to provide for selves. The experiment is a success in that Territory, and it can be some hungry dependent ; but the church, in its anxiety to make civ- made so elsewhere. iliza.tion a success in a particular tribe, selects the agent and keeps a Then, Mr. President, we have a duty to perform toward the Indians. watch over him. There is ::m espionage over the agents now that They were the original proprietors of this country. 'Ve are living never existed before; they are better watched; and, in addition to upon their soil. They were the original owners. The Presbyterians, the ordinary means of watching them, the churches that select them the Methodists, the Baptists, the Episcopalians, the Catholics, and keep a look-out over them, and the honor of that church is bound up others are contributing their money every year, hundreds and thou- in the integrity and the efficiency of the agent. sands and evenmillionsof dollars, tosendmissionariesto China, tothe Therefore we have got the best Indian agents as a class we have far-off islands of the Southern Pacific, to civilize and to Christianize ever had. I think that the agents selected by the chnrches ought to them;. and shall we turn our backs upon the natives and sava~es of be appointed in every case, I do not care what State they come from. our own country and say that we abandon them, that they are inca- If the Society of Friends choose their agents, and have got them still, pable of civilization! No, Mr. President, we cannot take this step and are willing to commit the honor of their church an;v the Chair a.nu made the motion. • All .ENT-.Mos rs. Alcorn, narnum, Bayard, Bontwell, l3ruce Burnside, Cam- eron of]> nnsvlvania, Cameron of \Visconsin, Caperton, Clayton, Conover, .Dor ey, The PRESIDENT pm tempore. The Senator from Kansas states Goltlthwaite, Q.ordon, Hamilton, Johnston, JonliS of Ncvad.n Key McDonald, Me· thu.t he ma.(le thn.t motion. It wns not recognized by the Chair. Thf. Millan, .M11x.ey. Mitchell, Morton, Paddock, Patterson, n:llidolph, Ransom, Rob- Senator is incorrect in that respect; but the enator from Kan al! ertson, Sargent, Sn.ulsbury, Sharon, Svencer, 'iV"hite, and Wright-34. states that he made the motion. The Chair stated in· the absence o:- Tl.!e PRESIDENT pro te-rnpore. The Senate refuses to adjourn. The the Senator that be had ri en for some purpo when the hour fortht'- que tJon recur on the motion of tlle Senator from Kans::t [Mr. IN- rec s hn.d arrived and the Chair declared it. The Senator now tate& GALL J that all furthe~ proceedings under the call be ilispensed with, tllat he rose to make that motion. If so, the Chair will entertain it on wlllCh the yeas and nays have been ordered. The roll-call will pro~ Mr. CONKLING. Woo that bill reported to-uay f ceed. Mr. EDMUNDS. I should like to know .vhn.t the recollection o · :Mr. ALLISON. Is there a quorum present f the Oha,ir is. The PRESIDENT pro tempore. There is. The PRESIDENT pro tempore. The Chair did not entertain th... Mr. INGALLS. Wbo called for the yeu.s o.nd nays f motion, but tbe Senator :from Ku.n n.s states that he :uutde the motion .l\1r. EDMUNDS. I called for the yeas and nays, and they were or- If so, the Chair feels that be should recognize it. dered. Mr. EDMUNDS. Then I inquire of tl.!e Chair whetller the bill the Mr. THURMAN. I suggest that by uwtnimous consent the call ue Senator from Kansas moves to take up was reported to-day. withc.lrawn, u.s there is a quorum here. Tlle PRESIDENT pro tempore. It was. .Mr. EDMUNDS. I do not propose to withdmw it. The Senate Mr. EDMUNDS. Then I say it cannot betaken up to-day. I make has ouly a bare quorum now, and I wish tbe yeas and nays to show that point of orron of 'Visconsin, Caperton, Clayton, Conover, Dennis, Dor- whether native or for~:~ign-to be govornetl and controlled uy the military in tiine sey, Eaton, Gordon, Inga.llR, Johnston, Jones of Nevada, Kernan, lie.v, McDonald, of peace. Why treat tho Indians differently. ant.l. eRpccially tho e of thew who aro McMillan, Maxey, .Mitchell, Morton, Paddock1 PaEterson, U.andolph, Ransom, Rob- civilizotl, Cbristianize1~ allll tlncated, as are the Churokee , Cboctaw , CWckasaw , ertson, Sargent, Saulsbury, Sharon, and Whyw--;:J4. Creeks, and ~eminoleR, and mo~t others in the lnilian Turri tory 1 So the motion wa a'greed to. l.lr. INGALLS, (at eight o'clock and thirty minutes p.m.) I move It is not necOl!SIU'ily the fault of tho men compo>:~ing or controlling an army or military force that renders it impropor to have charge of the Indians and their property. that the Senate adjourn. Mr. EATON. I desire to ask a question of the Chair. l.lr. WINDOM. I hope the Senator will not filibuster. The PRESIDENT pro tem'jJore. The Cilair will hear it. _ Mr. INGALLS. It is just as fair on one side as on the other. Mr. EATON. Tilere is a five-minnte rule pnt on the members of Mr. EDMUNDS. Nothing of the kind bas been done. this bo!ly. I beg to u kif a paper ca,n be introduced, coming from Mr. INGALLS. What el e ha been done all the evening T any ource, with r gurd to the very question under st of it. behalf and on behalf of the Indian race, again t the pll.l sage of a law Mr. DAWES. Mr. Pre ident-- by Congress transferring them and their property to military con- The PRESIDENT p1'o tempnre. The Senator from Massachusetts. trol," as follows: Mr. DA 'VES. I ask to have, as part of my remarks, the remaintter CIVILIZATION .AliTD HlJlLUo.'JTY. of the preper react. In-the name of civilization and humanity we respectfully, but none the less ear- Tile PREHIDENT pro tempore. The ~nator from Massachusetts rises nestly, demand a hearing a.nd fair treatment of the Government and people of the to a<.ldre s the Senate for tive minute , and. asks that tho reading of Unitoo States. You have ht'retofm·e dealt with us as men :tble to contract with you. You have long since pli~tice which be used in time of peace. you alike ba.<~tow on na.tiv s a.ml foreigners of all other ru.ces on earth who come to or I·eside within your limit! tl!e benefit of just treatment nuder the civil dllpart- Klr. ED::\fUNDS. I riso to a point of order. I do not think that a rucnts of tho Gov~:~rnment. · The llag of you.r nation, aml emulem of its power, will Senator ha a right to have, if there be any objection, a paper reatl as float more trumphantl befor tbe world in this its centennial year when it attostR part of his remarks 'vithou't the consent of the bmly. I only make that thoseuncler its pt"culiar protection, a!! 've are, ba.vo ueHn ll'd forw:ir·cl, :mel not the point of order, not th::tt I do not wish to hear this paper read, but by mil1tary dict..'Ltion forced uackwartl, in th march of a Christian civilization. It is a sad commentary either upon the white race or tho roil one if in the one- to gnarll against what might uo an unfortun::tte pr cedent. I submit hundredth anniversary of our rela.t'ions with this enli;.rbt necl, <..:hri8tian. and pow- to tho Chair that no paper can be rea:we witiliout his consent. sett. then ro, e to n.dtlress the S nate antl a ked that the reading of it Tbe 1governments of alL uncivilized peoples are military ancl despotic, while all he continued as part of his sp ech, and the Chair entertained it, no civilizo1l peoples establish, as a ne ess1t:v to civil progress and prosperity, deliber- Senator objecting. If the Senator from Vermont objects to the read- ative and repres!'ntativ I):Overnments, u.Sing the military as a police, only to enforce ing, tile Chair will snbmit the question to the Senate. order wht>n tb civil power ueoitles it to be nee sary. While it is desirable that the Indian who ar not already so should become civ- Mr. EDMUNDS. I do ouject. ilized, and under civil laws and habits, it is by tho bills r ferred to proposed to Tho PRESIDENT p1·o ternpore. The Chair will then submit the place them under military control, where they will certainly and only learn by pre. question to the Senate, shall the reading of this paper ue conclud.ed f oopt and example a renewal of their old military idtl3.fol anti habits o~ war anJ iille· l.lr. DAWES. I withdraw the paper. I supposed the Senate would ness. It is worse than folly to say that the Army will or can teach peace to th se un· like to hear tho remaind.or of it read. tutored people while it is necessarily and dally in presence of tho e about it train- Mr. ED~IUNDS. I should. like to hear it; but I wish to vote on the ing ttud preparing for war. question. It is claimed that tbe military are the proper persons to t ach civilization to tb Indians. We wonltl respectfully reft~r you to Cortez, Pizano. and other earlier The PRESIDENT pro tem.pm·e. Shall tho reading of the document commanders, and to the military history of the United States for answer to this be concluded f proposition. Mr. THURXIAN. I wish to make an inquiry. I did not catch from The nncivilized Indians should learn daily labor in farming and stock-raising as whom that paper comes. the only vocation now ~_pen to them, neither of which the .Army officers havo been taught or woultl be wi.lling to practice, their eduo.'l.tion and training being that of :Mr. CONKLING. l'rom civilized Iudians in the Indian Territory. war. Mr. THURMAN. Let the Secretary report. 1876. CONGRESSIONAL RECORD-SENATE" 3963 The CHIEF CLERK. The title-page of this paper is: The PRESIDENT pro tempore. The question is on concurring in the amendment made as in Committee of the Whole, striking out the Protest by the lawful delegates of the civilized n:~.tions of Indians of the In- third section of the bill. dian Territory, on their behalf and on behalf of the Indi:m raee, agu.inst the pas- sage of a law'by Congress transferring them and their property to nillitary controL :Mr. STEVENSON. I move to amend by striking out all of section Mr. THURMAN. Then I hope the reading will be concluded. 3 after the word" that," in line 1, and inserting what I send to the Mr. EDMUNDS. I mov~ that the paper be rea-d. I did not make Chair. . . the objection to prevent its reading, bnt in order to keep within the The PRESIDENT' p1·o tempore. The amendment will be reported. rule. The CHIEF CLERK. It is proposed to strike out all after the word The PRESIDENT pro tempo're. The Chair was about to put the "that," in the first line of section 3, and in lieu of the words stricken question on continuing the further reading of the paper. out to insert : The question being put, it was determined in the a,ffirmative. From and after the 1st day of July, 1876, the Secretary of War shall exercise the The Chief Clerk resumed a,nd concluded the reading of the pa,per, supervisory and appellate powers and possess the jurisdiction now exercised and as follows: possessed by the Secretary of the Interior in relation to all acts of the Commissioner Your Army authority is always withdrawn from any troubled section of the of Indian A.fl.'a.irs board of Indian commissioners, or otherwise, and shall sign all country so soon as peace and quiet is restored, and the people left to civil control requisitions for the advance or payment of moneys out of the Treasury on estimates autl pursuits. Why not continue to apply the same principle to the Indians, when, or accounts, subject to the same adjustment or control now exercised on similar as you are informed by the Indian Bureau, thfly are at peace 9 estimates by Auditors and Comptrollers of the Treasury, or either of them. The idleness that is unavoidable about a frontier post, and the drinkin~ and con- SRc. -. That the Secretary of War shall make such details of officers of the sequent immoralitie.s that are too common there, are not conducive to the industry Army as may be necessary, from time to time, to administer the affairs of the In- and sobriety of the Indians near them. dian bronch of the War Department. The difference in degrees of civilization of the Indian nations and tribes demands SEc. -. That commanding officers of the military geographical departments of your closest consideration. It is little encouragement to those w bo have made prog- the Army in which Indian tribes are loc.'l.ted or livmg shall be ex ojficio in charge ress in civilization, education, and industry if we are to be turned baek into the of Indian affairs in their respective departments, and shall, subject to the approval hands of the military, as violators of law are to the police. We earnestly hope of the Secretary of War, make such details of officers of the Army serving in their that Congress will not treat us with so little consideration. commands or on the retired list, as may be necessary, from time to time, to admin- The civilized nations of Choctaws, Chickasaws, Cherokees, Creeks, and Sem· ister the affairs of the Indian service: Provided, That the officer detailed to take inoles are no expense to the Government now, except for one union agency, which charge of Indian affairs in the War Department shall not be of lower rank than that we do not need, and which has so fur not betln profitable to us, and which we hope of colonel, nor shall the officers detailed to discharge the duties heretofore per- you will abolish. formed by a.gent.s at any Indian agency be of lower rank than that of first lieuten- NO CONFIDENCE. ant in the regular Army : And prnvidRd further, That the Inspector-General of the Army shall discharge the duties of inspector of Indian affairs, and shall be re- No people leam well of those they do not trust, and it is a fact worthy the notice quired to make an annual report to Congress of t.he numbers and condition of the of CongreAs that, the Indians of the frontier are not well disposed toward the Army, Indian tribes ; and such officers shall not be required to give other bonds than are and we ftilly believe that their transfer to military control will not be conducive now required of them by law, but shall be held responsible for any neglect of to peace with or prosperity of the Indians. duty or maladministration thereof, and shall be subject to trial therefor by mili- The many bloody massacres of Inclians, inclu ' ' ~ 3970 CONGRESSIONAL RECORD-HOUSE. JUNE 21, and hence this rhyme, the poetry of which is no better than the moral- and 145,000, of which 100,000 may safely be set down as lost." At ity oi its authors: Vicks burgh loans were made to the amount of $11,000, which the wit- 'Tis little by little the bee fills her cell; ness regards as a clear loss to the bank. At Wilmington, North Car- And little by little a man sinks a well; olina, overdrafts were allowed to the extent of $28,000, which have 'Tis little by little a. bird builds her nest; not been paid. In the Washington branch there is a discrepancy of By Iittles a foreat in verdure is drest; 40,000 which is utterly incapable of explanation. Many of the bonds 'Tis little by little great volumes are made; By Iittles a. mountain or levels are made; taken from the agents in charge of these branches were informal, so 'Tis little by little an ocean is filled; that they could not be enforced, or, if regular in form, were utterly And little by little a city we build ; . worthless on account of the irresponsibility of the sureties. 'Tis little by little an ant gets her store; Every little we add to a. little makes more ; The real responsibility, however, for all these defalcations and Step by step we walk milea, and we sew stitch by stitch; losses on loans rests upon the shoulders of those who had charge of Word by word we read books, cent by cent we grow rich. the p1·incipal office in Washington, who established these branches without authority of law and in open violation of the charter. It turns out that these lessons of industry and frugality were taught But these losses, important as they seem, are utterly insignificant to the negroes so that the managersofthe bank at Washington might compared with those sustained by reason of the irregularities and live in laziness and luxury on the proceeds of their labor, and "grow frauds practiced in the principal office at Wa-shington. Here it was rich" upon the "cent by cent" saved by the self-denial of the freed- that the men intent on plunder found and tilled the richest field. I men. venture the assertion that the history of all the banks in America By these and other means, which I have not time to enumerate, the does not disclose a record of such shameless disregard of law and confidence of the freedmen was secured to such an extent that, as wanton violation of rights as does the history of the principal shown by the books of the bank, in the nine years of its existence its office of the Freedman's Savings and Trust Company. Here, in the deposits amounted to $56,000,000. The vast bulk of this money was American Congress, I arraign at the bar of public opinion the men sent to the principal office at Washington. The whole South was who have heartlessly speculated upon, misused, squandered, and sunk dmined of its money, and it went into the custody of the men in the hard earnings of a helpless race of people, whom they were hypo. charge of the office here. True, a pretended power was given to and critically pretending to befriend. And I cannot but think it strange exercised by some of the branches to loan out money for the alleged that successive Congresses, containing large majorities of those who purpose of a~commodating the freedmen, but it is not.orious that claimed to be the only true friends of the colored peop1e, should not those branches were in charge of men who either loaned the money have taken sufficient interest in their welfare, and watched the oper- to their relatives or favorites or stole it themselves, so that the freed- ations of those in charge of this company, S9 as to have prevented men derived no benefit from them. In this connection I quote from this terrible abuse of a sacred trust, and the consequent shameful a speech made on this floor March 2, 1875, by the gentleman from plunder of the freedmen. The charter provided "that the books of - South Carolina, [Mr. RAJNEY;] who, I take pleat~ure in saying, has the corporation shall at all times, during the hours of business, be manifested a marked interest in this investigation affecting the r.lghts open for inspection and examination to such persons as Congress of the people of his own race. He said: shall designate or appoint," but no such persons were appointed. This ~t !!lust not be lost s~ght of that at ~~ ~e these sums pere forwarded to the failure on the part of these pretended guardians to exercise t.he prmmpal bank at Washington the depositors m the Soutllern States invariably be- necessa.ry vigilance for the thorough protection of these people is in lieved that the ~oneys so d~posited by them were s11;bject to their order, as per rules and regulations governmg the braiJch bank, and if sent to tho parent baiJk it the hi~hest degree reprehensible. But when it is taken into account was for the purpose ofoeing guarded with grea.ter security or inveated to better a.d· that the legislation enacted by Congress helped to fa~ilitate the vantage. But, alas ! they wore deceived. swindling operations of the ring, words are powerless to express the The suffering to whic~ the poor creditors have 8een subjected is heart-rending in the extreme. Both theu aged and their young have been deprived of the ordinary enormity of their conduct. n ecessaries of life1 their siCk could not be cared for, nor their dead decently in- From the time the principal office wa-s opened in Washington down t erred by them no£ by benevolent societies, because all their gathered funds ha.d to the day when the bank closed its doors its affairs were under the been swallowed up in this gulf of destruction. almost exclusive management of the finance committee and the Parents and guardians could not send their children or wards to school because tlley had not the mean.s to buy them comfortable clothing. Truly the distress has actuary, the latter officer corresponding to a cashier in other banks. been alarming, starvation and destitution being threatened on every hand and in The board of trustees seems to have virtually delegated or surren- many insta.ncea their littlb homesteads sold from over their heads. dered their powers to the finance committee, and the latter conducted It needs no additional words of mine to depict the distress which the operations of the bank to suit their own convenience, plea-sure, has come upon these unfortunate and betrayed people. and profit. The last report of the commissioners of the bank shows that its During the period of the grossest maladministration of the affairs totalliabilitiel.i on the 31st day of December, 1875, were 3,0QA,875.62, of the bank this committee consisted of Henry D. Cooke, William S. of which the amount due to colored depositors was $2,992,033.55. Pre- Huntington, Lewis Clephane, J. M. Brodhead, and Le Roy Tuttle. J. ferred claims, amounting to $48,180.71, have been paid and on the W. Alvord, as president of the bank, was president ex officio of the balance, to wit, $2,956,694.91, a dividend of 20 per cent. has been de- committee and presided over its deliberations, except when "the ma- clared. When _this dividend shall have been paid, there will remain jority of the committee acted upon the street," as he puts it in his due to the creditors $2,365,355.93, to be paid out of the assets rAmain- testimony. Messrs. Brodhead and Tuttle seem to have been passive ~g after the divid_er~ d Wat! declared. I cannot se~, sir, how it is pos- instruments in the hands of the others, and the only blame that at- Sible for the remammg assets to be made to realize enough to bring taches to them is that they did not open their eyes and look into what the final losses of the freedmen be1ow $1,500,000, and it is more likely was going on around them. in my judgment, that they will be compelled to suffer to the extent Mr. Alvord pleads utter helplessness to avert the evils that finally of $2,000,000. came upon the bank because he was not allowed to vote ; but his In these days when stock and gold gamblers make hundreds of plea is not sound. He was the president of the bank, the highest thousands of dollars in a single venture, in a single day, this sum may official in charge of the moneys of the freedmen. His judgment told seem small to the millionaires of Wall street, but when it is remem- him, according to his own statement, that these moneys were being bered that its represents the hard earnings and small savings of sev- irregularly loaned and otherwise used. He said that he discounte- enty thousand . poor colored people, just released from slavery and nanced and disapproved of many of the investments of the committee. looked upon as "the wards of the nation," this sum of a million and But he kept his mouth shut. While the work oi' converting United a half or two millions, outweighs in importance the wealth of the States bonds into money and investing that mone~ in the bonds of Rothschilds. companies of doubtful character was going on; while the perversion Now, Mr. Chairman, how has this money been lost and where does of what was known as the "available fund" was in progress; while the terrible responsibility for its loss rest 7 These questions will neces- the charter was being violated also by the taking of real-estate se- sarily be answered together as the history of these lossel.i is unfolded. curities of insufficient value, he gave no sign to the freedmen whose A portion of the money was embezzled or stolen in the branch entire earnings were thus being swallowed up before his_open eyes, banks. These defalcations discovered at the following branches are and all the while he wa-s the salaried guardian, the paid watchman shown to be at! follows : of the freedmen's interests. It seems to be too true that he and the remaining three members Charleston, South Carolina .•• - ............... ··---· ........................ $3 300 of the finance committee, Henry D. Cooke William S. Huntington, ~~?t~~!:~~~;~: ::::::::::::::: ::::::~:::::::::::::::::::::::: ~: lg~ ~~ Lewis Clephane, and the two actuaries, b. L. Eaton and George W. Stickney, inside of the bank, and Alexander R. Shepherd, Hallet New Berne, North Carolma, from $2,250 to ...................... , ......... 2 750 Kilbourn, John 0. Evans, J. V. W. Vanderburg, and others, outside ifi~ingto~, ~o~th _Carolina ............................................... ~ 416 ate ez, Mississippi. . .. .. . .. . • .. . .. . .. ... .. .. .. .. . .. . . . . . .. .. .. .. . • . • .. • .. 1 125 of the bank, formed a ring, by the operations of which, at times and t=~~~:!t;~ : : ~::::::::::::: :::::::::::::::::::::::::::::::::::: ~~ ~J in ways without number, money was procured from the bank on worthless or insufficient securities, or on no securities whatever, to be used in hazardous enterprises and profitable speculations by members This statement discloMs the actual defalcations of the persons in of the ring. charge of ten of the br~nches. But it does not embra-ce the losses Henry D. Cooke was a member of the firm of Jay Cooke & Co. and incurred in the bunches by loans upori insufficient securities. Mr. president of the First National Bank of Washington at the same time SpeiTy says_ '• the lat-est report from the commissioners' agent, Mr-. that he was president of the finance committee of the Freedman's Lockwood, 1s that at Jacksonville the company will probably lose Bank; Huntington was cashier of the First National Bank whiJe a $100,000 out of the $150,000 or $160,000 that was put out there." At member of this committee. Prior to the erection of the Freedman's Beaufort'' the amount of the loans, I think, was betwe~n $135,000 Bn.nk building the money of the freedmen was deposited in the Finlt 1876. CONGRESSIONAL RECORD-HOUSE. 3971 National; and when United States bonds were bought or sold, osten- arisen, accordfug to the minutes, as to whether they should be bought sibly for the benefit of the Freedman's Bank, they were bought or or not. There was a considerable commotion about it, and the hoard sold by the First National or Jay Cooke & Co., and the commissions of trustees passed a resolution May 3, 1871, "doubting the expediency went to them. The control of the freedmen's money was a matter of of investing 50,000 in these bonds." Then came Mr. Cooke's special very considerable interest to Mr. Cooke on this account; but when report on the 9th of the same month, in which he thus expresses the it became important to sell large numbers of Central Pacific or Union judgment of the .finance committee : Pacific or to" kite" Northern Pacific bonds, it was still more conven- The second resolution, as to the investment of the company in the bonds of the i('nt to have the money of the freedmen at hand with which to buy Northern Pacific Railway: them. A wholesome effect could thus be produced upon the stock or In investing its " available fund" the actuary found this state of facts : On the 7th of February, the day on which this purchase was made, the lowest priced 6 per bond market for the benefit of the two banking institutions in which cent. United States bond in the market was the 5.20 coupon bond of 1865 or 1867, Mr. Cooke had such a. large interest. 109!. This bond at 109! pays the investor 5 4-10 per cent. The Northern Pacific Let us note some of tbe devices, ingenious and otherwise, tha.t were Railroad bond at 100 pays 7 3-10 per cent. So that the Northern Pacific Railroad resorted to in order to open the door for investmentS' that were not bond is better by 1 9-10 per cont. Further: The actuary, with the consent of the finance committee and of the contemplated by the charter. The .fifth section of the act of incor- board [of trustees] in full session, bought the bonds for sale; and the conditions were poration provided that the investments of the moneys of the bank that we receive~ per cent. commission in cash and 3! per cent. in stock for all should be "in the stocks, bonds, Trea-sury notes, or other securities bonds disposed of. so that this company realizes actua1ly in cash 5 4-10 per cent. of the United States." The board of trustees, deferring to the judg- more than on the best investment in Government bonds; and in addition thereto, 3! per cent. in stock of the Northern Pacific Railroad Company for all bonds sold. ment of the finance committee, asked this question of the latter : The only question, therefore, is, Are these bonds safe' In answer to this we Are Pacific Railroad bonds a security contemplated by the charter 9 show the wTitten guarantee of Messrs. Jay Cooke & Co. to redeem them on demand any time within one year from date of purchase at same rates we gave for them. And Messrs. Cook, Huntington, and Clephane answered: lt was these consid:t'rations of profit and of safety, abundant, as it seemed to the Pacific Railroad bonds are not a. security contemplated in the charter, but the committee, which led to the investment in question, a.nd they are still of force in Government bonds issued to the company are within the meaning of the law. their minds. AR to the other statements of the resolution, touching the character of the bond itself, namely, "that the road is bn t begun, and may not for years be Accordingly, soon afterward follows a large sale of United States able to pay any interest out of its earnings," we woUld respectfrilly state that the bonds through the agency of Jay Cooke & Co., on which that house [N. P.R. R.J company has already six liundred miles of road in operation; that got its commission, and the minuteH show the purchase, at the dates nearly three hundred miles of track have been ]aid during the three hundred days given, of the following amowtts of Pacific bonds: which have elapsed since the commencement of work upon the road ; that the company is endowed by Government with a grant of land amounting to over fifty Juno 8, 1868, Union Pacific...... • • • .. • • • . • . . . . .. .. . • . • . • • . . • .. • . .. . • .. . • . . et5, 000 millions of acres, worth at Government rates over $150,000,000, from th~ sale of June 23, 1868. Central Pacific .... .. ... .. .. .... . .. .. ..... .. .. . . .... .. .. .. .. 40,000 which ample provision is made for the payment of the interest and tthe) principal October 8, 1868, Central Pacific .... ...................................... . 300, 000 of the bonds, in addition to the security g~ven by the road, its equipments, and all February 17, 1809, Union Pacific .......................................... 100, 000 the property and franchises of the company. April30, 1869, Union Pacific .............................................. 200,000 May 4, 1869, Union Pacific . . • .. • .. .• ... • . .... • ... ... . .. .. • . . . . .. . .. . .. . . . . 50, 000 These bonds were thus foisted upon the bank by this man, who had a large and direct pecuniary interest in the Northern Pacific Railroad, This shows an investment of $705,000 of the money of the freed- and although one of the commissioned and trusted guardians of the men in these bonds within eleven months. freedmen~ he took money to pay for them from tbe "available fund," But the recklessness of the :finance committee is shown in another which he, as we have shown, had construed to be a fund "always sub- instance. I call the special attention of the Honse to this matter. ject to check at sight." The sixth section of the charter provided that one-third of the de- Another illustration of the faithlessness of the officers of the bank posit.s was to be kept as an "available fund" to meet current pay- is furnished by their action with reference to the bonds of the Mary- ments of the corporation, and might be "left on deposit at interest, land Freestone Mining and Manufacturing Company. This corpora- or otherwise, or in such available form as the trustees may direct." tion has become somewhat notorious throughout the country a>S the In J tme, 1868~ it was proposed to set apart $50,000 of this "available "Seneca Stone· Company." fund" to be loaned on real estate. This was before the charter was A tra-ct of land, containing some six hundred acres, situate in Mont- amended so as to allow loans upon real estate to be made out of the gomery County, Maryland, wa.s bought by Henry D. Cooke, Henry H. other two-thirds of tho deposits. But Mr. Cooke, as chairman of the Dodge, and John L. Kidwell, from one Thomas Peters, for $70,000, finance committee, wrote a letter, which will be found incorporated and improvements were made thereon involving the expenditure of 'n the minutes of the company, dated Juno 30,1868, in which he gave an additional sum of 50,000. a very just and sensible construction to this clause of the 'charter. The whole amount of the investment was about $120,000. The land He denied the power to invest in real estate, and said: contained quarries of th~ Seneca stone, and these enterprising gen- My underst.'l.nding of the clause is that it authorizes the leaving of a certain sum tlemen procured a charter from the State of Maryland and organized on deposit., which deposit may draw interest or otherwise, but it must be always the corporation whose name I have given. They cansed five thousand subject to check at &ght; and I think a careful reading of the clause will justify this interpretation. shares of stock, each share of the par value of $100, to be issued, as One would have thought that this "available fund" would cer- follows: tainly have been safe from attack at the hands of a committee that Henry D. Cooke ..................................................... 1, 664 shares. Henry H. Dodge .................................................... 1, 663 shares. bad such a clear and correct understanding of the charter. But we John L. KidwelL .................................................... 1, 663 shares. :find this entry in the minute-book: JANUARY 13, 1870. ~~~~~~e~~~~~ ::::::::::::::.:·::::::::::::::.:::::::::::::::::: ~ :~:::: Committee met at banlrintz·houee of H. D. Cooke. The question under consideration was the recommendation to the hoard of the The :financial success of the corporation depended upon the market right to loan, under section 6, a portion of the idle funds now on deposit, that could be established or the demand that could be created for the It was decided so to recommend. stone to be taken from itB quarries. To make this market and create D. L. EATON, Actuary. this demand it was thought necessary to enlist the influence of men And between that date and the 7th of the following month the sum of prominence in political, military, social, and business circles, so of $99,593.43 was loaned out to various persons on all manner of se- that this company might furnish large quantities of stone for the curities not recognized by the charter, the same :finance committee erection of private residences and more particularly public buildings authorizing or ratifying the loans. This was the inauguration of an in the District of Columbia. The effort was therefore made to" put abuse which soon assumed monstrous proportions and has been a the stock where it would do the most good," and its recipients em- fruitful source of woes to the colored people. The barriers once brace persons in every branch of the public service and in all kinds broken down the door was thrown wide open, and out from the of private business enterprises. It may be a matter of curiosity as vaults of the bank went hundreds of thousands of dollars of the freed- well as interest and profit to examine the list of stockholders herewith men's money upon so-called securities that no prudent man of busi- furnished: ness, ma.naging his own affairs, would have consented to buy at any List of originalstockhoUers in tlw Maryland .Freestone Mining and Manu- price, and which remain to-day in the hands of the commissioners, factu:ri'flg Company. utterly worthless, t.o tell the story of the flagrant outrage thus per- petrated upon these defenseless people. ~$ ~ 0 Indeed, so utterly regardless of the charter and of their own former ~i dS construction of it did Mr. Cooke and the :finance committee become, that on the 9th day of May, 1871, we find them making a special re- Dat~s. .8~ ~«> .old a..Q pOD Names. port and argument in behalf of the proposition that the Freedman's ~Q ~ Bank should become an agent for the sale of Northern Pacific Rail- road bonds, in this extraordinary mode ; the bank to pay par for the November 21, 1867 .......................... . 1 930} bonds and sell them if it could, for which it was to receive a commis- November 21, 1867 .......................... . 2 734 Henry D. Cooke. sion, and to take the guarantee of Jay Cooke & Co. to buy them back within one year if not sold. This seems so surprising that lest November 21, 1867 ......................... .. November 21, 1867 .......................... . November 21, 1867 . ........................ .. 3 4 5 :} John L. Kidwell. we should be thought to be dealing in :fiction we produce the words 9:i0} Henry H. Dodge. November 21, 1867 ......................... .. 6 73:'1 of Mr. Cooke himself, which, when read in the light of our present ~! J. Heath Dodge. November 21, 1867 .......................... . 7 knowledge as to the value of those bonds1 cause us to wonder by November 21, 1867 .......................... . 8 ~} Thomas .Anderson. what strange streak of good fo:ttune the banK was saved from being November 21, 1867 ......................... .. 9 November 21, 1867 ......................... .. 10 totally ingulfed in this yawning whirlpool. It is clear that on the - 7th day of February, 1871, $50,000 of these Northern Pacific bonds Total ...................... ~ .......... . 5,000 were bought for the bank, and then the question seems to have . 3972 CONGRESSIONAL RECORD-HOUSE. JuNE 21, Li8t of stockholders as they at p1·esent appear t'pon the books and as they To this resolution the finance committee, through Henry D. Cooke, tvere transferred by Messrs. Cooke, Kidwell, and Dodge subsequently. made the following an wer: · Special report finance committee. Date. Names. Shares. First resolution: The committee beg leave to state re.e and profitable in the State of Maryland. ij~~~ 8~!tn(~~ld~~d) :.'.'.'.'.'.'.'.'.'.'.'.'.' ~::::: :::::::::::::::: Nov. 22,1 67 200 Jan. 21, 1E'70 120 The machinery and bnililings in use at their wot:ks have cost over $200 000 and Jan. 21, 1870 Caleb Cushing, (dividend) ............. ...... ............. . 120 the latter would sell for three-fourths of its ori~inal cost for use in ~Y ~ther Jan. 21, 1870 B. B. French, (dividend) .................................. . 120 quand·y, even if it [they] were no longer needed for this; that the fifty-seven thou- Jan. '?1, 1870 E. B. Washburne, (dividend) ................... .. ....... .. 1:!0 sand olla.rs' worth of bonds of this company, which are held as c-ollateral for this Jan. ~ L, 1870 R. J. Dobbins . .......................................... .. 240 loan of the Frcetlman'sSavingsand Trust Company, (~7,000,) are really atirst-mort- gage bond secured upon all tliis realMtate and other property: that the wholei&me :.·:.·-:~h~J~~::::::::::::::: :::::::::::::: ~: ::: ::::::: Jan. 21, 1870 60 Jan. 17, 1868 100 of bonds is not equal to more than one-third [of] t.be value of the property ancl May 5, 1868 E. B. Washburne ......................................... . 100 therefore the loan itself comes fully within the stipulation of the charte1· of the May 2. 1808 R. J . Dobbins ............................. . .............. . 200 bank._ to ~t, a loan on real e tate to t.be extent of one-half the value tbet·eof; or tar. 1, 1870 R. J. Dobbins ..................................... ·........ . 40 e~en if t~ were not true. the loan comes fully and abundantly within the resolu- Oct. 20, 1 68 F. T. Dent, (dividend) ................................... . 100 tion '?;llan~ously adopted by the board May 12, 1 70, t()uching.... the "available .A pril30, 1870 F. T. Dent, (dividend) ................................... .. 40 fund, that 1t shall be loaned "only on collateral of GovE>rnment or railway bonus Oct. 20, 1868 Mrs. H. L. Dent, (dividend) .............................. . 100 or other securities of a marketable value of at least 10 per cent. more than the A pril30, 1870 Mrs. H. L. Dent, (diviuend) ............................. .. 40 loan." The marketable value of the bonds held here a collateral is at least double the loan. * * * Further, the quarry of this company is furnishio"" the stone from ?~ !E~~~;::::::::: ::::::::::: ::::~:::::::::: ::·~: ~ ~ Dec. 3, 1868 100 Feb. 21-l, 1870 3. 5 which the banking-bouse of thi savings company ls erecting. it employs con- .A pril14, 1874 60 stantly about three hundred colored men in its works and in this city and it is Jan. 2, 1 69 W.B.Love .............................................. .. 3 in these respects an in11titution kindred with the bank; their interests ti~ mutual Jan. 21, 1870 W. B. Love ..................................... --~· ..... .. 1.8 Those who from week to week and month to month watch over and striv t~ direct the best use of the freedmen's money in tho bank are those who also aJI'ord ::::::::::::::::::::::::::::::::::::::: 10060 Jan. 2, 1869 ~:J. !:A.. v;E~;:::::: 30 Jan. 21, 1870 21 them this field of va.lnn,ble and profitable labor. F eb. 17, 1869 The evidence differs entirely from the statements made in this re- Jan. 21, 1870 Wills ............................................. . port. The busine s of the company was not profitable. If it earned ri~Ji!~i ~::::::::::::::::::::::::::::::::::::::::~::: Jan. 25, 1869 100 Jan. 21, 1870 60 uny dividends, it is certain none were declared except a stock divi- June 25, 1869 544 uend of 60 per cent., when it was deemed expeuient to water the Oct. 31, 1869 J. L. Kidwell ........................................... .. 2 stock, which diviuend, it is proper to add, is entered on t.he sto<'k- .April14, 1874 J. L. Kidwell ........................................... .. 217 6 list which I have submitted as of the date of Janua.ry 21, 1870. Tb.e July 13, 1869 E. D. Townsend ......................................... . 50 Jan. 21, 1870 E. D. Townsend . ........................................ . 30 bonds never had a ready sale in the market, and could not, by giving J\.11 .. 13, 1869 Robert Williams ......................................... . 150 any natural meaning to words, be constmed to come within the tip- Jan. 21, 1870 Robert Williams ........................................ .. 90 illations of the charter either as to real-estate loans or the di poMi· Jan. 21, 1870 H.R. Hubbard ........................................... . 120 tion of the '' a.vailable fund.'' Aml in view of the woTthless bonds June 2, 1870 H. R. Hubbard .......................................... .. 100 Jlllle 2, 1870 H. R. HnlJbard ........................................... . 100 of this company which now lie in the vaults of the bank, it seems Fob. 2, 1870 H. D. Gocke ............................................. .. 468 like cruel mockery for the :finance committee to have asserted that Sept. 27, 1!l70 H. D. Cooke. ............................................ .. 235 it was an "institution kint Gom,llany •••••••••••••••• 51, 785 73 1876. CONGRESSIONAL RECORD-HOUSE. 3973 At this date, according to the books of this company, a transaction covering this about tbat tranl'laction. and I offered, with him, to raise $'25,0"0 by the sale of real whole matter was had with Messrs. Kilbourn & Evans~ whereby their note was given estate, if be would rlo the same, anri to take up thoso bonds, myself and himself, for $50,000, payable six months after date aml Roouroo as follows, namely: Twenty- from the Frcedma·n's Bank, paying t.bem doll::~.r for dollar. He promised me from four shares American Dredging Company, Philadelphia, Pennsylvania, $2,400; month to month to do it, but he failed todoit. I then said to him, "Mr. Cooke, this seventy-five shares Metropolitan Paving Company st.ock, 100, par vUlue, $7,500; one thing does not snit me; I will not have any imputation resting on my children gi'Ow- thousand shares market-bouse stock, 50, par value, $50,000; forty shares National ing out of this matter, and although it will gtve me inconvenience, I will make a Metropolitan Life Insurance Com~mny, $2,COO; one hundred and fifty bonds Mary- proposition to yon, (he was then one of the trustees of the Freedman's Bank : ) I laml Mining and Manufacturing Company, $500 each, 75,000; and payment by the will give the bank real estate to the amount of $50,000 to take up those bonds, and Maryland l!'reestone Mining and Manufacturing Company of $1,78!1.73 on account I will select one man and let the bank select one man to fix the value of the prop· of interest. This payment was made by check on the First National Bank, signed erty." He carried my proposition, as he said, to the Freedman's Bank, but it was by C. W. Hayden, treasul'er. deelined. He soon vacated his position as trustee of the Frcedman'sBank, and Mr. G. W. STICKNEY, Actuary. Moses Kelly, who was theu cashier of the Metropolitan Bank, succeeded him as A true copy. Attest: trustee. Mr. Kelly and I were friends. I went to Mr. Kelly and I renewed tllis A. M. SPERRY, .Agent. proposition to him. I told him that I felt unpleasant about the transaction, and I From this report it would seem that the bank held only $20,000 of induced Mr. Kelly to renew my proposition to the Freedman's Bank. Mr. K elly proposed it at two 'mmiss~oners rea;lly do nothing, and give to the third Q. And you got $22,000 instead of f100,000 f ~ portion of therr ~alanes fo! domg t~e ~or~~ B~t I am of the opin- A. Yes. There was due the bank from Vandenburgh and the paving company ton that a change m the entire comnuss1on IS desrrable. The acting some $100,000, and we got about $22,000. Q. You mean to say that when that loan of 5 000 was made, Mr. Shepherd said commissioner has been subjected to serious charges, and a1thouo-h he that you should have the whole amount that had been loaned by the bank, which denies them, grave suspicions of their truthfulness still atta~h to at that time was over $100,000. him. But I do not desire to take up the time of the committee further A. Yes, sir. on this point, because I have a stronger reason, in my judgment, why The" available fund" was intended, as Mr. Cooke expressed it, to there should be a change. These commissioners have been in office be a fund subject to check at sight. When the bank failed the amount two years, and men who have plundered the freedmen-well known of loaus standing unpaid that had been made out of this fund was to them to have done so-not ouly go unwhipped of justice, bnt no $353,532.10, and for the payment of this sum the ba.nk had a list of effort has been made on their part to hold them civilly or criminally the following motley securities: Northern Pacific Railroad bonds, responsible for their misconduct. For myself, I have no doubt of the shares of Young Men's Christian Association stock, ''Seneca stone" right and power of Congre88 to abolish this commission, a.nd beine never been accounted for by the l3a t the Supreme Court, in the case of Unit-ed States vs. Padelford, agent.s of the Government. The great frauds perpetrated upon the 9 w ·allace, 531; Anderson vs. United States, 9 Wallace, GG; Unitetl Government revenues by officials in the whisky ring, in the Freedmen's States vs. Klein, 13 ·wallace, 12i3; Planters' Bank 1'8. Union Bank, 16 Btueau, and in the Freedman's Bank and Indian Bureau, would alto- Wallace, 496, hf'lil that so much of these acts as required tho owner gether sink into insigni:{icance compared with the frauds practiced to prove his loyalty was unconstitutional and void. The court also in the collection of this cotton tax. In the second place1 it saves the held that this fund was held in trust for the true owners of it. Be- Government the expense of the commission which is asked by some fore this decision was mn.de, however, the period of two years allowed bills and refers the whole subject of individual claims to such courts these claimants to enter the courts to prove ownership had expired, as the Legislatures may provide. In the third pla-ce, it will defeat and thus we see$20,000,000, which was most unjustly seized fTom onr the hungry crowd of cormorants known here as claim agents, many people, in the 'l'l:easury of the Government anrl every effort made to of whom undertake to collect claims for one-half ·a nd then steal the secure its payment to the individual citizen fail. The Supreme Court other. In the fomth place, the rights of the parties will be litigated of the United States has most emphatically declared that this is ::t. in the States aud in the collection districts where the tax was paid, trust fund; that the Government so holds it; that the law by which in easy acce s of the parties and their witnesses and collectors' books it was withheld was unconstitutional and void; a.ud yet some men and local counsel, where any and all attempts of fraud can and will who prate so loudly about their constitutional obligations refn ·e be detected and frnstrated. now this act of justice which bas been so long delayed. It. is yet to The provisions of this bill are not onerous upon the Government, be seen how long this trust fund is to remain in the Treasury a.s an consiuering the Ion()' use of the money received from this source and evidence of the wrong and injustice W a portion of the people of tllis the amount of it. There is also a bill before the House proposing to country. refund it t.o the States us a school fund. To this proposition I am un- I stated that the amount accounted for by the Treasury agents of qualifiedly opposed, first, because the citizens of the South are now the Government was but a small portion of what was realized. In heavily taxed to pay obligations wrongly imposed on them and are support of this I will state the history of the seizure of one hundred taxed heavily for school purposes; second, if this fund ~ not right- and sixty-two bales of cotton taken from a friend of mine whose fru.·m fully the property of the Government, it is the ri~htfulproperty of tho was in my c~nnty and within a .few hours' ride of whel'e I lived. The 3978 CONGRESSIONAL REOORD-HOUSE. JUNE 21, seizure was made in the month of August in the year 1865. The cot- Charges deducted after sale: ton waa shipped to Nashville, Tennessee, to Cincinnati, thence to li per cent. to cover incidental expenses ........................... . 821,916 17 New York, and sold. The market value of that cotton at the time of 3i per cent. to commissions of agents ........ ----- ................. . 51,137 70 ' its seizure was a bout $63,000 and the owner was paid upon proof of his 2 cents per pound internal revenue on 4,018,689 pounds ............ . 80,373 78 ownership the sum of $11,26'8.38 in the month of November, 1873, up- Total .............................................. - ........ _ 153,426 65 on his giving a receipt in full for all charges ag~inst the Government. Qr $15.36 per bale; leaving but f119.84 upon which judgments are rendered to , Here waa a clear, unqualified steal of over fifty thousand dollars. claimants. · , This act of plunder and robbery forced to bankruptcyone of the most The cottons derived from New Orleans and received at New York were disposed . worthy and energetic citizens of my State; and yet when he de- of with the same charges attached. Those sold at New Orleans by the several agents had only the two cents per pound revenue tax deducted, be ides the other I nounces the thief who robbed him he is called disloyal. And what is true in this case is true, I believe, in every case of seizure. I ask expenses, and without any percentage for incidental expenses or for the commission of agents. I the Clerk to read from a speech I made in the last Congress upon this The average net amount obtained per bale- subject, as I desire the facts and history of some of these tra,nsactions By the sales of military ...... -------·-···· ........................ . .192 00 to be kept before the public. I shall ask that this table of figures be By B. F. Flanders, Treasury agent ................................ .. 146 64 printed as part of my speech. By G. H. Burbridge, Treasury agent.. ............................ -. ~he ~!i~~d\~::'~iz~e~~--~--~--2,044:673'j;O~ds,· ;;~ The Clerk read ItS follows: 0 160 37 The following statement of the sales of cott~n seized in the southern cities, with worth, at82.50 per pound......................................... 5,111,682 50 the expenses charged and reductions made under various pretexts, exhibits the Itwasreportedas soldfor .......................................... 1,657,23L 77 showing of the Treasury Department, and on its fa{le is spemous and plausible. Of the Savannah cotton, sea island, which wu.s worth about i2.50 a pound, was sold at Loss linexplained.................... .. • .. • . .. .. . .. .. • • .. .. .. . 3, 454, 550 73 about 80 cents, and upland was sold at about 40 cents, when it ought to have aver- The real value of the upland cotton seized at Savannah, 16,034,415 aged over$1. pounds, was .............. ........................................ 16,034,415 00 A weat fraud is concealed in these figures, a fraud which could have been perpe- Reported as sold for ................................................ 6,418,600 36 tratefl only by false samples and other simila.r dishonest contrivances. That such fraudulent devices were used ha.s long been well known and understood. The his- Loss unexplained ..•..•••.••..•••.•••••.•.•.•.••...••.•••••••.9,615, 814 64 tory of the commercial world may be searched in vain for any similar frauds on a Similar, or even worse results, will be shown by an investigation of the sales made scale so gigantic and with results so ruinous :md unjust to the parties concerned. of the cotton seized in the other southern cities. Of the cotton sold by Simeon Draper, United States cotton agent, derived from Savannah, there were of sea island 6,531 bales1 weighing 2,644,673 pounds, value, Mr. COOK. It will be seen from this table that the sea-island cot- currency, 1,657,231. 77; charges of transportation, &o., following cotton to sale, ton seized in Savannah was 6,531 bales, weighing 2,644,b'73 pounds. $101,958.58; making net value $1,555,273,20; or an average of i2J8.13 per bale. From the foregoing proceeds there was subsequently to the sale deducted by di· It brought $1,657,231.77. The market value of this sea-island at the rection of' the Secretary of the Treasury- time was $5,111,682.50, showing a loss unexplained of $3,354,550.73. It per cent. to cover incidental expenses-·--······-···········--···· 124,858 47 There was upland cotton seized ~t Savannah, 32,827 bales, weigh- 1 per cent. to pay commission to agents ...................... ...... 16, 572 31 ing 16,034,415 pounds. This was sold for 6,418,600.36. The actual lnternal.revenue tax on 2,044,67J pounds·-·--·.---·................. 40, 893 46 value of this cotton was $16,034,415; it sold for$6,418,600.36; loss on- Total. ••• ·-········ .......................................... .. 82,324 24 explained, 9,615,814.64, showing a variance in the amount turned into the Treasury from the cotton seized at the port of Savannah Ur 12.61 per bale; leaving as an absolute net balance upon which judgments were puicl of but i225.53 per bale. " alone of $13,070,365.37. Of upland from Savannah, 32,827 bales of cotton, 16,034,415 pounds .• $6,418,600 36 And the same is true of the seizures and sales at Charleston, Mo- Charges of transportation, &c., following cotton to sale............. 512, 478 00 bile, and New Orleans. I have procured these figures to rebut the unjust charge which is frequently made against the people of the Net value of sale . ............................................. 5, 906, 122 36 South that they are asserting claims against the Government for Or an average of $179.91 per bale. losses greater than t~ey sustained. I desire to mention among many Dedo:cted after sale: whose cotton was setzed at Savannah was a colored man who by his 1~ per cent. incidental expenses............. .. .. • • .. • • • • • • .. .. . .. • • • 96, 279 00 honest industry had purchased his freedom, and by his subsequent 1 per cent. commission to agents . .•. . .•...... ............. ......... 64,186 00 2 cents per pound revenue tax, 16,034,415 pounds .••..•••: • .••..•.•. _3_2_0,_6_88_3_0 exertions had purchased a few bales of cotton which were stored in Savannah, where he lived. This cotton wasseizedandsold, and thou(J'h Total.......................................................... 481, 153 30 be has indorsed upon his paper, in the handwriting of Secretary Or $14.34 ver balei leaving an absolute net amount of $165.57, and which amonn1 Stanton, that he satisfied him of his ownership of the cotton and his has been paid on juagments of the Court of Claims. loyalty, he ha-s never yet been able to realize one dollar even in the Of sales from Charleston, South Carolina : house of his friends. This man w~' also a depositor in tha,t pious Sea islands, l, 063 bales, 286, 30'2 pounds . . . . .. . . . . . . .. • .. • . . • • • • .. .. .. f2()2. 671 24 and safe institution known as the headman's Savings Bank. What Charges of transportation following cotton to sale.................. 7,876 83 he has ever realized from that safe deposit your reports show. If Making net value............................................. -- -- 194,794 41 this man in reflecting upon his losses should feel that he had fallen Or an average of i183.25 per bale. into similar hands with theonewhotraveledfromJerichotoJ ern salem, Charges subsequently deducted: no one should censure him. I also introduced a bill for his relief, 1~ per cent. incidental expenses ....... ............................. . 3, 040 06 which yet rests quietly in the committee-room. 1 per cent. agents' commissions ........................ ------------ :l, 026 71 It is charged against the people of the South that they are assert- 2 cents internal-revenue tax on 286,30'2 pounds ................... .. 5, 726 04 ing claims against the Government for losses never sustained, for pay for their slaves, and even for the Msumption of the confederate war Total.···--······· .......................................... .. 10,792 81 debt and for the payment of the bonds of the States issued during Or $10.15 per bale reduction; leaving but $173.10 on which judgments were ren- the corrupt, arbitrary, and destructive period while they were under- dertld. going reconstruction. I have shown how grossly unjust and false is Of upland cotton, Charleston, South Carolina: 3,639 bales, 1,437,118 pounds ....... ___ ....... ---- .. -------------·.... t530,421 03 this charge as to the claims for cotton. However desirable it might Charges of transportation following cotton to sale . • • • • • . . • . . • . . • • • • 26, 964 46 be to ns, and however just t.he demand, I know of no one who sup- poses for one moment that tha,t provision of the fourteenth amend- Net of sales ............................................. : ... .. 503,456 57 ment to the Constitution which prohibits the payments for the slaves Or an average of $138.36 per bale. of the South will ever be repealed or violated for that purpose. Amounts subsequently deducted: As to the payment for any of these claims as charged against ns, no tt per cent. to cover inoi~e~tal expenses .......................... .. 7,956 31 so0h proposition has ever been made by any democratic legislature or 1 per cent. to pay comnuss1ons of a&ents . ............ ------ ...... .. 5,304 21 2 cents per pound on 1,437,118 pounas by internal-revenue tax .... .. 28,742 36 convention or any active assemblage of om·people. These debts were founded, many of them, in the grossest fraud, and used in many in- Total......................................................... 42,002 88 stances for private purposes and in the procurement of corrupt and Or 11.54 per bale; leaving $126.82 per bale to satisfy the judgments of the Court infamous legislation, and the assumption of these at any time by this of Claim.B. Government would be opposed by every honest man South. No, sir; Of sales from Mobile, .Alabama, derived from seizures by the military forces: there are many losses to the South for which no reparation will ever be 3.29..0 bales upland cotton, 1,628,873 pounds ·-··--- ..... •• .. . . . ... • ... f628, 645 91 made or expected; but there a.re certain acts of this Government since Charges following the cotton to sale .. • .. • • .. • • .. • • .. .. .. • • • • • • .. • .. 22, 319 15 the war deeply affecting the rights and prosperity of our people which Net of sales .......................... ." ....................... . 606,326 76 this Government can and should, in justice to itself as well as the Or 188.31 per bale. whole people of this country, at once repeal and modify, and relieve Charges deducted after sale: us from their injustice. I allude to the cotton tax and the cotton 1t per cent. to cover incidental expenses ........................... . 9,429 67 seizures, and this Government will never place itself rightly before 1 per cent. commission of a_gents ...................... ~ .......... .. 6, 256 45 the world until this is done. 2 cents per poun·i on 1,628,873 pounds, internal revenue ........... . 32,577 46 If, sir, we sinned in the rebellion, as yon call it, grievously have we Total .................... ~.................................... 48,293 58 ----- atoned for it. The marks of the ruin and desolation of your troops as they marched through our country are yet to be seen. In my own Or $14.99 per bale; leaving but $173.32 per bale for any claimant in the court. State a thousand chimneys to-day point to heaven as mournful mon- Of sales from Mobile, .Alabama, derived from the agents of the Treasury: uments of the devastation of war. The old people who had gathered 9, !186 bales of cotton, 4,018,689 pounds .............................. $1,461,077 27 around their hearthstones for generations have perished in their pov- Charges following the cotton to sale ..................... ___ .,....... 111,013 38 erty, and their descendants are scattered in destitution throughout Net of sales ... ... •••••• •••• •• •••••. •••••• •••• •• •••••• ...... •• 1, 350, 063 89 the country. Or $135.20 per bale. I will notice one otber charge which is constantly made through the 1876. CONGRESSIONAL RECORD-HOUSE. 3979 republican press of the country and even by some memb~rs on this was transferred from the field of his missionary labors to the cashier- floor, which I do not attribute to any improper motive, but simply to ship of that bank. He admitted his defalcations to the amount of their absolute ignorance of the situation of affairs in the South and 8,000, and how much more could not be ascertained either from especially in my own State. I take one extract from a republican Corie himself or his books. I have yet to see the first republican paper, because it contrasts my State by name with that of the State paper that has ever denounced this great plunder of the colored peo- of South Carol:Q:la. Here is the extract : ple of the South or publish the facts connected with it. South Carolina is the most prosperous of all the Southern States. This is attrib- In another extract from the same paper, dated March 25, the fol- utable to the fact that the negro has there been protected in all his ri~hts, and, lowing statement was made : instead of idling away his time, he has been laboring faithfully, and pLenty bas KU-K.LUX AT WORK AGAIN. crowned his labors. In the counties of the mountainous portions of the State, es- pecially in York, Spartan burgh, and Union, the material interests of the people have Private letters received from Georgia convey the startlin.,.0 intelligence that Ku- never been in a more promismg condition. Not so, however, across the Savannah Klnx organizations in that State have again commenced to practice their deeds of River, in the State of Georgia. There the colored man has been hounded down, blood. In tho county of Columbia two negroes were killed last week, and over a robbed of his labor and its fruits, and generally so maltreated that he has lost self- dozen were taken from their homes and severely whipped, four of the number hav. respect and has ceased to be industrious. It is stated by those best able to judge ing been tortured by having hot sealing-wax dropped upon their naked boiliM. In that South Carolina was saved from such an appalling consequence by the prompt- the counties of Burke, Jefferson, and Chatham similar outt-ages have been perpe- ness with which the national arm was there interposed and the unlettered whites trated in the past fifteen days, and in the vicinity of Macon three negroes were taught that the negro had rights that the white man was bound to respect. Too found hanging to trees in the neighborhood of a leadin~ democrat. These inlm- much praise cannot be accorded the yioneers of South Carolina reconstruction for mauities were evidently impelled by the recent democratic defeat in New Hamp- tho kindly relations which to-day enst between the races in that State. The two shire. Somebody in Georgia must r11ceive the vials of wrath, and they are poured Carolinas present happy fruits of the results of reconstruction. out upon the heads of inoffensive colored men and women, whose only crimes are that they belong to a despised race and are republicans. Hundreds of negroes are I am gratified at the prosperous condition of South Carolina as por- annually offered up as sacrifices to democratic hate in God-forsaken Georgia, and trayed above, but I had been induced to doubt that such was the not yet only a few of the instances are known, as democratic newspapert~ are careful condition of that State. I am glad to have republican authority for seemtotogive publicity to such facts, and the two or three republican papers there be afraid to allude to them. History presents n• instances where the peas- the statement that "kindly relations exist there to-day between the antry of a country were ever subjected to such inhumanities as are the negroes of races." the South, especi3lly in Geor!!i.a. Robbed of their labor and all its fruits, they drag But I ask the attention of the House to another republican state- tims out a wretched existence, an:l in many instances it is a real relief when these vic- are taken from their homes by painted ruffians and put to dMth. ment as to the condition of South Carolina, and leave it for gentle- men ou the other side to console themselves as be!:!t they can with the The utter falsehood of the above statement is known to every man picture drawn of the condition of that State by a republican judge, in my State, where these crimes are alleged to have taken place, and and as to the cause of it. the paper which gave circulation to the above had the cleverness a Hear the extract : few days afterward to correct the evil as far as it could by stating it HARD TIMES IN SOU'l'H CAROLINA. had been deceived. But when such a statement starts on its errand who can estimate its mischief, no matter how soon contradicted [From the Charleston News.] But to show what actually did take place in the cit.y of Macon, Geor- The judge of the conrt of common pleas at Barnwell, South Carolina, had to bring gia, where some of these alleged outrages are said to have taken business to a sudden halt1astweek to save colored jurors from starvation. They said they had been without food for the whole day, and could get neither money nor place, I will read from the daily paper published in that cit:v-and credit. The kind-hearted judge proceeded to give them the following "crumbs of this about the very time that said outrages were charged to have been comfort:" perpetrated: 11 Under the circumstances I will be compelled to discha,rge you, for I cannot keep THR FUNERAL OF CHARLIE CRAFI'. you here in a starving condition. But you see to what a condition you have brought the country. Yon are uot without blame, for the men in office, res~onsible for the The colored Presbyterian church on Washington avenue was crowded on yester- stoppage of the court, were put there by your votes. Here we are m the month of day afternoon by a sympathizing assembly, to perform the obsequies and render !day ;, there is no money to pay your judge, to pay .i urors, to support the prisoners the last sad tribute of respect to the memory of this worthy man and good citizen. m .)atl, or ~ay the other expenses of the county. You colored voters are respon- Quite a number of our best citizens, ladies and gentlemen, exhibited by their sible for this thing, for by your votes the bad men who have brought about this presence an appreciation of the worth of the decea"!ed and sympathy with the IJe. lamenta.ble state of affairs were elected." reaved. It was an interesting spectacle to witness the widow, through the whole solemn exercises, resting upon the arm of one whom she nursed in infancy as her This is the condition of republican South Carolina, "where the "young marster," and tlie entire family following as mourners. The colored Ma on negro has been protected in all his rights,"" where he has labored lodge and the Lincoln Guards, of both of which he was a member, were in the pro- cession with full ranks. faithfully and plenty has crowned his labors," where the "most The scene was one that would have surprised if not startled the people at the kindly relations exist to-day between the races." "Happy and pros- North, who have been educated into the belief that the people of the Sooth treat perous" South Carolina I Happy and prosperous only in her degrada- the negro with the utmost inhumanity and disrespect. Charlie Craft, thou~h a. tion and desolation. colored man, was recognized and respected as a good citizen, and as such a. fitting tribute was paid to his memory by those who knew and esteemed him. In alluding to my State, Georgia, the art.icle referred to says the colored man has been hounded down, robbed of his labor and its Such was the tribute paid to a worthy colored man in a southern city fruits, and generally so maltreated that he has lost self-respect aud distinguished for the refinement and intelligence of its citizens. And has ceased to be industrious. A more untrue representation of the I hesitate not to say, from an extensive acquaintance with the citi- condition of the colored people of my State wns never contained in as zens of that city and the county in which it is located, that no peo- many lines. I say that the most friendly and even kindly relations ple in this whole land would more universally condemn or promptly exist to-day throughout my entire State between the races. The col- punish the perpetrators of all such crimes as are charged against them. ored people are regarded by us as the very best class of laborers we We hear continued boasts of what the republican party has ac- can get. They are employed in our homes, our hotels, on our farms complished. What, sir, is the known history of that party f A Vice- and public works at remunerative wages, and I assert are as promptly President has been driven in disgrace from the high position he held and faithfully paid as any class of laborers throughout this country. in his party and before the country covered with crimes of the gross- But, sir, the contradiction of that statement does not depend alone est pnd most infamous character. A Cabinet officer has resigned his upon my denial. I will read from the last report of the comptroller- position under charges which involve his character and integrity as general made for the year ending December 31, 1875. rl'his shows a HI an :tnd official. Our foreign minister to one of the most important the colored polls to be 87,569; an increase of 3,349 since the year 1874. courts of the world was forced by the indignant sentiment of a great The colored people own 396,658 acres of land, valued by themselves nation t.o retire from the post of his duty, and his conduct receives at $1,263,902; city and town property valued at 1,203,202; money the universal censure and condemnation of his own coup.try. The and solvent'debts,$Hr2,194; aggregate of all property owned by them, private secretary of your President stands to-clay indicted before the including hous.:,hold and kitchen furniture and farm implements, criminal courts of your country for crimes of the gravest character. $5,393,885, and they pay a tax upon this property of 26,969.42. This, We have seen.members expelled from their seats on this floor for sir, is the official statement of the condition of the " colored man " their connection with legisl:ttion in favor of corporations which has in Georgia, who is "hounded down," "robbed of his labor and its imposed a liability of one hundred and fifty or eighty millions of dol- fruits," "and generally so maltreated that he has lost self-respect," lars upon the toiling industry of this country, thus showing that '' and baa ceased to be industrious" Sir, no one will be more aston- when Oaks Ames said he had put his" money where it would do the ised at the.sad picture drawn of the condition of the colored man in mob-t good" he knew full well what he was doing. The chief clerk Georgia than the worthy and indURtrious owners of this five millions of your Treasury, the confidential and trusted friend of the Secretary of property. himself, has been transferred from his Bureau in that Department to I regret to say that the colored man of my State has been robbed the Stat-e prison. The editor in cl;tief and owner, I believe, of the and shamefully trea ;ed; but I deny most emphatically that it has leading western republican organ, whose wealth is estimated at half 1 ever been done by the white people of the State. It has been done a million of dollars, has been conricted of crimes against your reve- by that most infamous concern known as the l<'reedman's Bureau, nues and has been transferred from the editorial tripod to the quiet and subsequently by that grander and yet more infamous swindle, cell of a prison. He was one of those who prated loudest of his loy- the Freedman's Bank. The colored people of Georgia had $361,000 alty and denounced rebels with the greatest vehemence. The soldier in that bank, of which they have been roo bed; and but one man has in the field has beon plundered of hls pittance by the sale of post- ever been tried or convicted for the frauds perpetrated by that bank traderships established alone for his benefit and convenience. The . and its officers, and that was in my State. I allude to one Corle, the wounded soldier, the widow and the orphan, the objects of the bounty 1 treasurer of tho branch of that bank in Atlanta, Georgia. He was of the Government, have been robbed through your Pension Bureau, educated in the :E'reedman's Bureau, and when that perished from its and been compelled to pay tribute to these official plunderers. ·The own rottenness and corruption be was left in Georgia a-s a missionary; freedman has been plundered of his hard earnings to the extent of and when the branch of t.he Freedman's Bank was established at millions by an organized band of plunderers under the yery shadow Athnta, being a Christian gentleman and loyal to the last degree, he of the White House. The Indian is robbed of 75 per cent. of the 3980 CONGRESSIONAL RECORD-HOUSE. . JUNE 21, amount appropriated to discharge the obligations of the Government commenced; but as to those now in progress I would have been more to him and to supply his wants. The appropriations made for the liberal than the committee has been, for the reaRon that there never erection of monuments and head-stones to perpetuate the memory of was a time in the history of the country when these buildings could the brave men who defended your Government, and to show the affec- have boen completed so cheaply as now, and besides that, it would tion and gratitude of the nation, were even made a source of offici::U be a godsend to the labor of the country to have this employment. speculation and corruption. Let me analyz~ the bill f?r a moment only. For p~blic printing When these locusts of republicanism, like the locust of Kansas or about 1,100,000 IB appropnated. There was appropr1ated for this Egypt, had swept everything before them in th~ South, they then purpose last year, I believe, 1,600,000. The amount named in the turned npon the Government which had kept t.hem i~ power and bill has been recommended by the Committee on Printing and is, I place and plundered its Treasury in open day and almost in the very presume, based upon the estimate of Mr. Rives, of this city. Whether presence of the Treasurer himself. Thus the Government itself, the it is enough or not, I am not prepared to say, but the minority of the negro and the Indian, the widow and the orphan, the living soldier Committee on Printing is of opinion that it is not enough. For the and the dead, each and all paid tribute to this spirit of loyalty and judiciai'Y two and one-half million dollars are appropril'tted. The rascality. able head of thll.t Department says to the committee that this is not The resolutions of the Cincinnati convention congratulate the peo- a sufficient amount, that $3,000,000 is absolutely necesary. ple upon the prosperity of the country. But what is the statement For the District of Columbia no appropriation is made. They are made upon this floor by gentlemen from every section, and repre- totally without funds aud no me:ms to get any as yet. The tax bill senting every interest f The ironmongers inform us that t.ho fires reported by this House h:t8 not yet pa,ssed the Senate. It is probable of their furnaces have ceased to burn ; the machinery of their work- that no tax bill will pass. shops is ille and unemployed; the busy hum of the spindle and the Mr. RANDALL. 'l'he gentleman must not inferentially attribute loom is no longer heard; your shipping lies idle, and universal pros- n.ny blame to the Committee on Appropriations on that score. tration prevails throughout the entire business interest of the coun- Mr. ¥OSTER. I am not doing so. I am merely stating what is try. The failures of the oldest and best business houses, the savings- the fact. In my judgment, after looking at this matter of the Dis- banks, the various corporations, and the largest individual capitalists trict of Columbia, I think the committee ought to appropriate of the country are daily announced. The honest laborer in many sec- 600,000 for the District of Columbia. For their 3.65 bond interest, tions, without labor or bread, has become the tramp, spreading terror for which the Government is holden and for which the faith of the and dismay among the people in many sections. nation is pledged, no appropriation hM been made. There is an ap- The gentleman from Pennsylvania [Mr. KELLEYl a few days since propriation in the bill directing payment out of the revenues of this stated that the homes of the laboring people were being sold at every District, but there are no revenues. sale-day by the sheriff, and this in his city where Congress voted to Mr. RANDALL. I might as well state the fact here that there will expend one anil a half millions of dollars a few months since, and be an amendment offered providing if those revenues are not suffi- yet he adheres to the party and the policy which have brou~ht all cient the Government shall advance the amount necessary, so that in the e evils upon the country. Like Ephraim of old, he is jomed to this bill we shall make sure there shall be no default in the payment his idols; no argument or appeal from this side the Honse, not even of interest on the 3.65 bonds during the next fi cal year. the cries of the laboring masses about him, nor the sad reality which Mr. FOSTER. I understand the committee will propose an amend- he states, that day after day their homes are passing from their pos- ment of that sort Y session under the sheriff's hammer, can induce him to change the folly Mr. RANDALL. Yes, sir. of his life, which has contributed so much to this universal ruin and Mr. FOSTER. That is all right. Still the District ,vill be wit-h- distress in every interest ::md section of our common country. out money. w~ have been appropriating year after year more or The republicn.n party has ma.de its nomination and the people of less for the support of the District, and probably it will be done this the country are challenged to its support. I ask attention to an edi- time if the District government is to be maintained. torial in the lea-ding republican paper of this city and, I believe, the On the question of the public lands very great reduction hns been national organ of the party : made. The who~e subject has been turned over to my very generous The nomination of a milk-and. water repu blic:m at Cincinnati, one who will allow friend from Indiana, [Mr. HOLMAN,] who ha-s very carefully exHm- his antechamber to be filled with rebels and carry out their behests, will greatly lned it, and he makes a reduction of 900,000. I am not prepa.retl to dispirit southern republicans ancl cause many of them to regret that they ever say whether the service will stand that reduction or not. I do not allied themselves to tho party. · know whether the judgment of gentlemen better informed than I am The very cordial indorsement given the nominee of the party by was taken. that paper I must regard as assuring the country that the nominee is I rose principally to say1 Mr. Chairman, this was a bill in reference no" milk-and-water republican," and that" rebels will not be per- to the provisions of whicn discretion very largely entered, and that mitted to enter his antechamber." I favored most of the reductions which have been made. I believe We are thus put upon notice t.hat the eight or ten millions of intel- this is a time in the history of the country when we should prune the ligent people of the South, who own the property in great part and bill to the fullest extent po ible. I agreed to most of what has been pay the taxes for the support of the Government, are to be denied by done. I now yield for thirty minutes to the gentleman from Illinois, that administration, if elected, any rights in the Gov·ernment, even [Mr. HENDERSON.] the poor privilege of being admitted to the antechamber of this Mr. HENDERSON. Mr. Chairman, I ask the indulgence of the President. . committee for a short time while I call attention to a subject in which This, sir, is the candidate of a party of a section of the country, the people of my district, and especially those residing in the west- who is to deny admission to his very presence of millions of the peo- ern part of it, feel a deep interest. I allude to the subject of com- ple of his country, no matter what may be their rights or their in- pleting the Rock Island armory and arsenal, a national work now terest. being constructed on Rock I land, in the State of Illinois. Sir, I think the time has come in the hour of our national disgrace But, Mr. Chairman, while the people whom I have the honor to rep- and the universal distress and ~loom which overspread our whole resent on this :floor and the people of Iowa on the other sicle of the la.nd, when the good people of th1s great nation should rise up to the river feel a strong local pride and interest in the completion of thi importance of the occasion and elect a man to that great office who armory and arsenal, yet it is a work in which the people in all sec- will be the President not of a party, not of a section, but President tions of the country should feel an interest. It is a national work, in deed and in truth of the whole country, and of every interest, and intended for national defense, and, in my judgment, it would be most of every section of it. .A. President whose antechamber will be open unwise to neglect it or to stop short of its entire completion. It is alike to all, the humblest and poorest as well as the pr.oudest; when for the purpose of attempting to show this fact that I now ask the bitter and malignant party zeal will not alone be a passport to ad- attention of the committee. mi ion, but whose antechamber will be open to every decent citizen .Although, 1\fr. Chairman, the people of the United States are now of this country who desires to call. When, sir, we shall be able to at peace with themselves and at peace with all the world, yet the sn b- put such a man in the presidential chair we shall then have peace, ject of our national defenses is one of great intere t to an our people, that peace which flows from a just government honestly adminis- and one which cannot be neglected without endangering the natioua.t tered, that peace which springs from the heart of a prosperous, happy, peace and the national safety. "In time of peace prepare for war" and united people, and not that peace which the republican party is a political axiom which has been approved by the unlver al sense has brought to the country, whic)l, like the peace of the Scriptures, of mankind in all ages of the world, and is no less true to-day than "passeth all understanding." when it was first uttered centuries ago. In fact, with all the im- Mr. FOSTER. Mr. Chairman, the bill under consideration, known proved appliances and enginery of modern warfare it has only become as the ''sundry civil bill," appropriates 14,636,000, about 12,000,000 more important that we should heed this great lesson tanght us by l than was appropriated last year, for the current year. This bill the wisdom of the past and bo reasonably prepared at all times for is one of a kind in which the appropriations rest very largely upon war. This, Mr. Chairman, is necessary, in the first place, as a means the discretion of Congress. It is the bill of all others upon which a of preserving the national peace, and, in the second place, if war large reduction can very properly be made. In many of the reduc- comes, as war may come, it is necessary to preserve the national honor, tions made here-I may say in most of them-I have concurred. For if not the national existence. some matters embraced in the bill the appropriations a.re, in my judg- It will not do to say that we will not go on with necessary works ment, too small; but, upon the whole. most of the reductions here of national defense, like the construction of this arsenal, becaus~ we proposed can properly be made. are now at p~ace. Such national defenses as the Rock Island armory I would have done otherwise in reference to the public buildings of and arsenal is designed to be cannot be built in time of war, OJ', if the country. I would not appropriate money to buildings not alre.a.dy they can, they cannot be ao well, so thoroughly, and so economically 1876. CONGRESSIONAL RECORD-HOUSE. 3981 constructed as in time of peace. Nor will it do, Mr. Chairman, to of the late war. No Government should be at the mercy of foreign say, because we are now at peace, that therefore we are not going to nations or of home contractors in the matter of supplying its armies have any more war. I believe in pea~e with all my heart, and it is with arms and munitions of war, because it is more expensive, and to be most earnestly desired that we shall as a people and as a na- because it may absolutely endanger the national safety. It is by far tion remain at peace; t.hat we shall have no more war. But who qan the wiser and more economical policy to be prepared at all times to atisure us that we shall remain at peace f Human natme is the sa.me manufacture for our soldiers the very best arms in use at the time it it has ever '!,c.e.n. The passions of men, the pride as well as the selfish- is needed. With the improvements being constantly made in all that ness of individuals and of nations, remain unchanged. .And no peo- pertains to war, what may be regarded as a good arm to-clay may ple on the earth can claim an absolute exemption from war. prove to be a very inferior one in a short time; and it is due to the Wa1·s come, Mr. Chairman, as the storms sometimes come, suddenly brave men of our country, whenever called upon to fight its battles, and unexpectedly. The cloud, when first seen, mn.y not be bigger that they should be furnished with the very best arm in use. This tllan a man's hand; and yet very soon the storm bursts with fury is also true economy in every way in which it may be viewed. upon the land. And so from very slight and unexpected causes Mr. Chairman, it has not been the policy of our country to maintain wars come and drench nations in blood. Who, sir, in 1860, when we a large standing army. We have relied upon our militia and npon were holding a peaceful election to determine who should be the volunteers for national defense; and it is to arm and equip these in Chief Magistrate of the United States for four years, believed that the great Mississippi Valley that this arsenal is being constructed, in in 1861 the storm of war would in so short a time burst upon our case of war with our own people or with foreign nations. I say .Mis- land, to continue for four years, wit.h all its terrible desolation and sissippi Valley, Mr. Chairman, because it was the intention of Con- destruction 7 No man, I think, in 1860 fully realized or believed so gress and of the Ordnance Department that this arsenal should be great a calamity could como upon our country as did in 1861; and, if made the greltt arsenal of construction and deposit for the Mississippi we then could l.Jave had such an armory and arsenal as this at Rock Valley. To show thn.t that is so, I read the following extract from Island is intended to be, it can be safely said t.hat it would more than the report of the Chief of Ordnance, Outober 19, 1869: have paid for itself every year of the war. Besides, our soldiers would • Rock Island, in the State of lllinois, is eminently suitable for the principal ar- have been well and promptly armed, the war would have been short- senal of construction and deposit for the Mississippi Valley, and the Go>ernment ene(l in its duration, blood and treasure would have been saved, and owns all the land tllat is required for a. first. class armory and arsenaJ. The arsenal much of the national demoralization would have been avert.ed. .A.nd at that point is being built upon a. scale comm.msurate with its great import.anoo. I say here to-day, Mr. Chairman, n.nd I wish every member to hear what I say, that, if we ever have another war and have not the means For the same purpose and also to show more fully the opinion of the of speedily arming a requisite number of soldiers with the very best then Chief of 01·dnance, General Dyer, as to its location ancl value to arm in use, whether the number be large or small, it will be a dis- the Government, I read the following extract from his report of Oc- grace to our people and to our country. .Ancl our public men n.nd tober 24, 1~1: onr statesmen, whose duty it is to provide for the national defense The construction of the Rock Island arsenal bas been carried on as rapidly as the and t.o see and know that it is complete and adequate, will be justly liberal appropriations made by Congress would allow. Two of the workshops are nearly complewd, and will very shortly be occupied, one as a. store-house anu the condemned, by not only our own Jleople, but by all the world. other in place of the t~mporary workshops, which :ue to be romon~tl. Tho act of I remember, Mr. CLairman, in the spriug of 1861, when war seemed Congress of April, 1864, authorized a11d mnpowe-rcrl tho Secretary of War to take inevitable, and when, in fact, the war cloud was then throwing its po session of the whole of the island of Rock L'3l'llld, and directed him t.o lmihl dnrk shadows over the land, a distinguished statesman of Illinois, thereon a.nd maintain an arsenal for the construction, deposit, and repail· of ;wrus and munitions of war. U seems mauift·st that Congress intended that this ar~:~cnal wbose name is dear to the American people-! allude to Stephen A. shonltl be made the great arsenal of drpo it anti construction for the Mis!ill!sippi V n.!- Douglas-uttered these memorable words: ley, ~d that it should possess the manufacturing capacities of the national armory at S\)ringfield, Massachusetts, and of one of our largest arsenals of construction, The shortest road to pe:we is the most stupendous preparation for war. and 1t was planned with that end in view and has boon so built. Its location is most admirable and its importance and value t{) the GQ>erumant, especially in time And I say, sir, tbat the surest way to preserve the peace of this or of war, will be very great, a.Jmost incalculably so. A recent mspection of this ar- auy other country is to be well and thoroughly prepared for war. senal has shown me that the work is being economically, rapidly, and well done. Mr. Chairman, one of the very objects had in view by our fathers I hope that the appropriations asked for the next fiscal year will be granted by Con- gress. in the adoption of the Constitution of the United States, as expressed in the preamble, was to provide for the common defense; and, as if It is not necessary for me to attempt to give the history of this to show its importance, the power to make this provision was among arsenal, but I will say that it originated durin~ t.he late war, and the first conferred upon Congress by the Constitution. It is found when Congress and the whole country could ren.hze tile necessity for in the very first clause of the section of the Constitution defining the it. Congress in 1852, by an act n.pproved July 11, 1862, establi hed }lOWers of Congress; and where a power is conferred upon Congress three arsenals-one at Columbus, Ohio, one at Indianapolis, Indiana, to perform a necessary act, it imposes a duty to do it, and there is no and the other at Rock Island, Illinois-and a.p propriated ""100,000 higher duty devolving upon Congress than that of providing fOI the for each of said arsenals. And I understand we are la,rgely indebted common defense of the country. for the act establishing the arsenal at Rock Island to Hon. S. S. Cox, But I presume, Mr. Chairman, no one will deny the necessity of Speaker p'l'o tempore of the House. I with pleasure give him the credit providing for the national defense; and if we are to have any na- to which he is ent.itled. In 1864 Congress passed an act authorizing tional defense at all, then nothing is more important in providing for aud empowering the Secretary of War to t.ake a.nd hold full and com- H than our ar~>enals; not arsenals for the storage and repair of arms plete possession of all the lands and shores of the island of Rock merely, but for their construction as well. Island, in the State of Illinois, on behalf of the United States, and The necessity for arsena,ls for the construction of arms, and of all to holcl the same when taken as a military reservation by the ·war that a soldier fights with, was felt and sorely felt at the very begin- DepartmeDt, upon which to bnild and maintain an arsenal for the ning of the late war and all through it. But very few of our soldiers construction, deposit, and repair of arms and munitions of war. went into the field in the late war with a serviceable arm. I remem- Under these two acts of Congress, and another approved June 27, ber well that regiments were supplied wHh old Harper's Ferry mus- 1866, the Rock Island armory and arsenal was planned, and the work kets and with Austrian and Belgian muskets; arms thn.t the men had of building it was commenced. It is now in process of completion. no confidence in ; and in many instances it was a year or more before :More than two-thirds of the work has already been .done, and more a better arm was furnished. And this, so far as new regiments were than two-thirds of the expense bas already been incurred, neces. ary · concerned, continued throughout the war. to complete this great natiQnal work and givo to the country a first- The Government purchased during the late war, as I have seen it class arsenal-amply sufficient to supply the wants of the Mississippi stated, about three-quarters of a million muskets, at a cost of about Valley in which it is located. And the question is, Mr. Chairman, $151000,000. It is said these muskets were worth as a merchantable Shall this great work, so wisely begun, so indispensable to the na- art10le from seventy cents to $5 each, or say 2,000,000 ; so that, in tional peace, and in case of war, to the national safety, go on to the purchase of these arms, there must have been a loss to the Gov- completion, or shall it be crippled now, and finally be abandoned in emment of about 13,000,000, besides the much greater loss of hav- a half-finished condition t I hope not; and yet unless the Commit- ing our soldiers armed with an inferior arm. If we had had such an tee on Appropriations can be induced to make a la.rger appropriation arsenal as this at Rock Island will be when finished, as it is I think tha.n that provided in this bill, now under consideration, or unless the highest duty of the Government to :finish it, we could have armed the House can be induced to do so, the work will practically come to a million of men with the very best arm in use. .A.nd it can be dem- a stand-still in a very short time, and certainly at the end of this onstrated that the difference in cost of material alone would have year ; aml then, Mr. Chairman, if the work is ever resumed again, more than paid for this arsenal every year of the war. it will be n.t very great loss to the Government. A moment's reflec- It was the necessities of the Government during the late war, Mr. tion must convince any one of that. If this arsenal is to be com- Chairman, the impossibility of getting serviceable arms in sufficient pleted, there are many reasons why it should not be interrupted now, quantities to meet the demands of the service, and the great expense why the work should go on to completion. to the Government of purchasing even inferior arms, which suggested The Committee on Appropriations refused to allow any appropria- the building of this armory and arsenn.l at Rock Island, in the State tion for "shop G," as it is called, it being an iron working and fin- of Illinois. ishing shop; and the reason given is th.'1t it is a new shop, and they I do not intend, Mr. Chairman, to enter into any extended argu- will not allow anything for new work. Now I have urged before the ment, at this time, to show the great importance, if not the absolute ne- Committee on Appropriations, and I urge again here before this Com- cessity, of the Government being prepared at all times to manufacture mittee of the Whole House, that while shop G, this iron working and arms, and all the material of war to supply our armies, in Govem- finishing shop, is a new shop, yet it is not in a proper sense new ment shops. We were taught that by the bitter and costly experience work. This shop is a part of the original plan designed for the .. 3982 CONGRESSIONAL RECORD-HOUSE. JUNE 21, armory and arsenal, and it must be built before the arsenal is com- that to complete the development of water-power at the arsenal and pleted. carry out existing contracts made in good faith by the Government The original plan of the arsenal contemplates the building of ten with the Moline Water-Power Company, it would require 157,350 shops, each being intended for a particular use, and all necessary to instead of $60,000 as originally asked for. A report to that effect was a, complete arsenal. Six of these shops are now either completed or made by Colonel Flagler to the Chief of Ordnance in February last, in process of completion, and all must be constructed before the ar- and was transmitted by that officer, with a letter recommending that senal is finished. To be more explicit, each of these shops is a part the appropriation be made, to General Belknap, then Secretarv of of a well-designed system of shops, and all necessary to make a com- War. And he submitted the report and letter of the Chief of Ord- plete armory and arsenal such as we should have in the great Missis- nance to the House of Representatives, accompanied by a letter from sippi Valley. himself under date of February 19, 18i6, recommending also that the It can be said with as much propriety that a man is a perfect man appropriation asked for should be made. These documents were re- without an arm or without a leg aa to say that this arsenal is a com- ferred by the Speaker to the Committee on Commerce; ann at my plete arsenal with any of these shops unfinished. To leave any of request they were reported back and referred to the Committee on these shops unfinished, to use a borrowed but very forcible illustra- Military Affairs, that committee being, as I supposed, the appropriate tion, is like building a two-horse wagon and hitching but one horse committee to consider the subject. The subject wa.s considered by to it. And in6te:td of having a great armory and arsenal, one that the Committee on Military Affairs, and upon their own investigation the country can safely rely upon in the future as a necessary, per- and examination they referred the matter to the Committee on Ap- manent, national defense, we have an incomplete, unfinished arsenal, propriations, and recommended that the sum of 157,350 be appro- one that in case the necessity should arise for it would be a reproa{lh priated, as asked for by the commandant of the Rock Island arsenal, to us and to all our statesmen whose duty it is under the Constitution and recommended by the Chief of Ordnance and the Secretary of War. to provide for the national defense. I may say further, Mr. Chairman, that after Bon. Alphonzo Taft If an appropriation for shop G is not made for the next fiscal year, was appointed Secretary of War, and he was requested to revise the we are t.old by the very able and intelligent officer who has the im- estimates, his attention was called to this subject by myself, and the mediate charge of this work that the work of building the arsena1 documents before referred to were submitted to him; and after ex- will come nearly, if not quite, to a stand-still at the close of this year. amining the subject in connection with the Chief of Ordnance, Gen- And in that event a large number of mechanics, artisans, and la- eral Benet addressed a letter to Judge Taft, explaining about this borers must be discharged and turned out of employment. special appropriation, and recommending again that it be massary to provide some other way. it would be necessary to coffer and pump out all of this part of the river. The ex- Whatever plan is adopted, it should possess as many of the following requisites pense would be very grea,t and incompatible with the benefit obtained. The in- of a good plan as is practicable : cre..'l.Bed deposit described on page 10 woul!l still obtain. It is true that the excava- First. It should be as economical as may be. tion wonlquire Fourth. The development of this part of the water-power must be such as not to at low water that the excavation clear a. channel 4 feet deep and 800 feet wide. prevent a future increase of the water-power, but should be such as to make such This cha.nnel wouhl require a fall of .53 feet, and save 1.07 feet of head. Its cost an increase as easy and economical as may be. would probably exceed 750,000. The future manufacturing interests of this community and the probable future If this plan of excavating is abandoned on account of its cost, J shonld say then wants of this great arsenal make attention to this last requisite important. that at low water the wing-dam would injure the water-power; that if provision is After discussing the only two plans of development that are proposed, and mak- to be made to bring into the pool the required 4,400 cubic feet per second, then the ing calculations and estimates for them, it will be well to see how far each fulfills wing-dam would injure the water-power for any at.'lge of water less than 2t feet the above requirements. above low water; that in any case it would multiply the difficulty and cost of keep- ing the water-power in good condition; that it would benefit the water-power when First plan, or that of building a long wing-dam up the river. the stage of water is 3 feet above low water and the benefit is not needed, because Yon are aware that the president and members of the Moline Water-Power Com- then it can be obtained by other inexpensive means ; that at st.'lges of water be- pany have advocated the building of a long wing-dam up the river. The proposed tween 0 and 3 feet above low water, if the arsenal is using little or no water, and location of this dam is shown by a red line on tlie accompanying map, (marked A.) the Moline Water-Power Company is using only about 750 horse-power, then that It is claimed for this plan that by running the head of the dam into deep water company would get material benefit from the plan in increased head; provided that it will give so large a cross-section at the head of the pool (A B on map) that the United States keeps the water-power in o: der. enough water will always enter the pool and that also this dam will r8l8e the The other plan proposed is to excavate a channel from deep water, when near the water in the pool nearly to the hei!Ult of t.he river at the head of the dam. The level of the river at the proposed bead of the dam (A B on the map) is 1.6 feet 4400) 2 4400 higher than at the present bead of the pool, (CD on the map.) It is further claimed that this increaseaheight would carry the water over the obstructions which are (a) Fall in feet = ( 980 X 880 X . 0001114 + 990 X 880 X . 00002426 now at the head of the pool, thus remedying the present evil, besides giving an l2.500 9130 980 increased head and a large increase of power at the water-power dams. Fall in feet= 26.50. I have been unwilling to adopt this plan until after a thorough examination and study of thiS part of the river could be had. It will be readily understood that this plan, instead of making a. pool all the way to the head of the proDosed wing-dam, would substantially make a canal between the wing-dam and the1llinois shore, down which all the water for the water-power (b) Disc~ge per second = _980 (J 980 X 1-1.6 0 ' i - X 8975 ~ 00 __ 1089 ) would have to be brought. This canal would be more than two miles Ion~ and generally about nine hundred feet wide. The water in all this part of the n~er is = 1001.78 cubic feet per second shallow. I have been afraid from the first that to get enough water to flow down 80 this long, shallow canal so much fall in the surface of the water would be required 1001.78 X 62.3 X 7 X 100 that nearly all, or more than all, of the increased bead, namely, 1.6 fee~ would be 8 9071oH.P. consumed in this way; that is, that the slope of the surface of the water in the canal 550 would be greater than outside in the river. If this were so, then at low water the wing-dam would dam the water out of the pool ; the water in the pool would be lower than it is now, none of the benefits claime£1 for the plan would be gained, but 4400 2 4400 great damage would be done. ) X 880 X. 0001114 X 880 X. 00002426 (c) Fall in feet ( 1880 +1_;.e_80_-==-;o----- During the last two years I have given much attention to this subject. Last fall I finished complete soundings and mea.surements of all this part of the river. 12500 1880 1880 These soundings are numerous and accurate, embracing in all about 15,000 sound- Fall in feet= 3.598. .. 3984 CONGRESSIONAL RECORD-HOUSE. JUNE 21, bead of the wing-dam now buiJt, down through the 1_1001 until deep water _is reached. channel above can be diminished; thesmfaceof water in the pool will be raiAed, and (SeeM M' on tl1e map.) It is proposed to make this channel 400 feet Wide, 3f'feet the small increase of head at the water-power dam so much rlesirf'd will be gained. (lt·ep, about 2,400 feet long, and to use a portion of the rock obtained in flxten~ing But the deposit will at once commeuce, and unless clearecl out will sooner ot·later the wing-clam now built about. 500 feet (shown on the map) up-stream and out mto reduce the power at low water to zero. deep water. This extension of the wing-dam would be into deep water where the I regret the length of this paper, but the subject could not be very well explained cmrent is rapid, and. should tu~ a part of the _current _into. the pool, and wo~ld in less space. As it is, much bas b en left out that is pertinent t{) the snhject. The rai e the water a few mcbes at this place. I estimate this ral86 at .32 feet, which matter could be explained verbally much better while using the maps imd draw- would gi>e a. little more than 3.8feet of water in the channel excavated. · ings. As has been stated there is now a dPposit of mud and san(l over a.ll the head of Very respectfully, your obedient servant, the pool, which dam~ the water out of the pool. Underlying this deposit is roug_!l, D. W. FLAGLER, uneven rock, com in"' sometimes near to the surface of low water. A channel cannot Afajor of Ordnance, he (hedged thi·ou~hit. because the rock interferes. To dredge out the deposit over Brevet Lieutenant-Oolonel United States Army, Oommanding. all tbe head of the pool would be difficult, expensive, and nearly impo sible, be- To the CHIP.F OF OtmNAI\CE, cause of the une>en rock botoom. It would not. be effectual, because the deposit United States Army, Washington. wonld soon return in the same objectionable form. Tile oiJject of the proposed channel through this mud and rock is to furnish- }'irst. A sufficient water-way into the pool; and B. Secoml. An effectual and economical method of maintaining the water-way. ORDNANCE OFFICE, WAR DEPA:RTlmNT, To determine tbe sufticiency of this water-way the calculations for flow through Washington, FdJrua:ry 17, 1876. it gh·e the following re8ults: SIR: I have t-he honor to transmit herewith a report of MaJor D. W. Flagler. To dh:cllarge through it the maximum amount t.o be provided for, namely, 4,400 commanding Rock Island arsenal, showing the necessity for an appropriation for cuhic fel't per second, would require at low water a fall of .59 feet. completing the development of the water-power. To discharge the same amount t.hrough it with the stage of water 1 foot above The ~ureements made by the United States with the Moline Water-Power Com- l"w water would require a fall of .33 feet. . . pany bi.D.ds the former under the obligations hereinafter st1.ted: With the stage of water at 2 feet the fall would be .16 feet, or practically noth- First. Proceedings of :&lck Islanrl commission, of January 24, 1867, (Execut.ivo ing. Th.is suppo ·es the. channel to be cle.'tr of deposits. . Document No.~. Senate, second session Thirty-ninth Congt-e s,) which requires ''the Ordinarily the maximum amount of water would not be required. A consldera- Government to develop and maintain the power, so far as it can be done with the hle deposit in this channel mil!ht then exist and the capacity of the channel remain money heretofore appropriated, or tha.t which may hereafter be appropriated, by sufficient. In time of peace the amount of water used by the United States will Congress for that pnrpo e; the Moline Water-Power Company to have the use in uc small. At such times. for many years to C{)me, I suppose the combined consnmp. perpetuity " * * of one-fourth of the entire water-power developed." * * * tion of both the arsenal and the Moline Company would not exceed 1,750 cubic feet Second. Agreement with the Moline Water-Power Company, signed hy General per second, equivalent to 1,110 horse-power. Grant, Secretary of War ad interim, ~nd Charles Atkinson, presi•leut of water- To eli~ charge this amount through the ehannel, having in it a deposit 2 feet deep power company, August 20, 1867, in wnich the comp'tny convey ''their entire water· at extreme low water, would require a fall of .48 feet; with the sta&e of water at 1 power" and the free use of so much of the beo>e conveyed." or if at any time the arseu:tl required a. large amount of power, the cbannf'l would The United States agreeingU> apply $40,000, "or so much th ereof as the War Dep~~rt­ have to be kflpt clear. At oilier times a. considerable deposit could be allowed oo ment may consider nece sary, to complete the win '!-dam," &c. nccn.mulate and the water-way still be sufficif'nt. It would he better if the depth Third. Agreement between the Moline Water-PQwer Company and Socretary coulcl be increased to 4 feet, but the additional depth would cost about $40,000. Rawlins, dated April 8, 1869, which stipulates t-hat the United States shall resume Second. The channel is also to ail'ord an effectual and economical method of * * * "the development and prosecute to completion, &c., the upper portion of maintaining a water-way. If the use of the dredge cannot be avoided, then the the water-power and the removal of the deposits in the pooL" channel woulU permit that the deposit be allowed to go on till it i deep and the Upon this subject Ma;jor Flagler, in his report of May 6, 1875, to the Chief of drellge can get a full scoop aml work economically. It would confine tbe tlredging Ordnance, says: "I certainly believe that the obligations of the United States set to a narrow Channel and give a smooth bottom to dredgo over. Moreover, I hope forth iu these papers have been thns far pro1lerly di charged, am] somewhat liber- it may pTc>ent the necessity for dredging, or at any mte reduce very much its ally dischargecl, 10 the benefit confe1Tecl upon tho Moline Water-Power Company, amount and expense. ana that you should not feel t-hat injustice has been done to this company by the I have provided in the lower dam four l.J:i.rge sluice or wMh ga.tes, which can be United St-ltes. The Go>ernment has certainly bound itself to de>elop and maintain opened against any pressure of water. The other gates can be opened against the the wate1·-power. What this development and ma-intenance shall be is not exactly pressure of low water. By opening all the gates not in use in both dams a. s~ro~g, set forth, and has caused, and probably always will cause, discus ion, because only rapid current wouhl be drawn down through the proposed ch:mnel. Then by sfuTIDg one party to the benefits to be obtainoo has to expend the money for them." And, up the mud and sand in the cha.n nel hy mechamcal means it is probable that the de- further, it is a nice question to decide to what extent the development and mainte- posit might be wa bed out and it.~ accumulation controlled in this way without nance shall go on, and whetber the Government, which pays the expenses thereof, mnch expense. Tl.Jis could be done from Saturday to Monday, when the water- shall not be the judge of the manner and quantity of such de>elopment and main- power is not used. tenance. At any rate, the action of this department is lituited by the appropria- Cost. tions, and I have no doubt that full justice has been done to the interesta of t-he My estimat~ of the cost of excavating this chamtel is as follows: Moline Water-Power Company. The necessity for further appropriations is appar-- ent, and this Bureau ha-s estimated for the next fiscal year as follows: Six hundred yards of coffer-dam, at $7 per yard .. ................... ?.. $4.200 00 "Improvement of the water-power, $60,000." Eleven hundred yards of mud-coffer, at $1 per yard.. . . . . . . . . . . . . . . . . . . . 1, 100 00 "NOTE.-This estimate is for opening a. channel in the rock-bed of t.be river and Pnmpinl! out water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350 00 improving win~-dam to increase the amount of water flowing into the water- Excavating 58,(.00 cubic yards of mucl and sand, a.t 30 cent.s per yard... 17,400 00 power pool the during lOW water."-Book of Estimates, pa;:re 1~4 Excavating 52,000 cubic yards of rock, at $2.50 per ya.rd ................ 130, 00 ( 0 Removing coffers . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . • 1. 300 00 demands that it shouldis be This sum, howe>er, not sufficient to complete the work as wisdom and economy done, as is shown in the report transmitted herewith. Tram-ways, scows, :md other expenses................................. 3, 000 00 The Moline Water-Power Company feel acrgrieved because the quantity of water at ita clispo aJ is not sufficient. It is admitted that tke passage oo the pool is ob- Tot..'ll ....•.................................••........•.....•...•. 157, 350 00 structed, and that to give the Moline Water-Power Company n.nd the United States It is proposed to apply to this work whatever appropriation Congress makes for the fnll benefit of the development already made, mea.~ures must be taken to cause this object, and to prosecute the work as indicat.e{l as fast as appropriations for it a sufficient flow of water into the pool to supply the necessary power. The Goveru· can be'obtained. A less amount than that asked for could not be applied so eco· mentis bound by its agreement (aft.er taking possession of the water-power prop· nomically as the whole amount, erty) to do this work, and in the interest of the two patties interested, for economy, I believe it would be unwise and not economical for the Government after bav- and particularly for the protection of valuable interests t.o the United States, the in e the committee-room while Mr. Ruff gave ested may not afterward be found who would have been glad to have his testimony. I die given you a plain statement of fa{}ts, in which I "nothing extenu- these several points, I addressed a letter to the Government Printer ate nor set down aught in malice." for the necessary information, which it will be unnecessary to read, I am yours, respectfully, A. M. CLAPP, as all that iB essential is quoted by him and appears -verbatirn in his Oongressional Printer. reply, which iB as follows: Hon. L. W. BALLOU. OFFICE OF CONGRESSIONAL PRINTER, Wnshington, D. 0., May 2'2, 1876• • Mr. Chairman, things appear very different when viewed from dif- DEAR Sm: I have the honor to acknowledge tho receipt of your favor of this ferent stand-points, and what is deemed fair by those who are in pur- date. You are pleae banks at that time." · and frustrate justice. And when we consider that many of the wit- ~ad the committee been flliF enough to quote my entire testin1ony on that point, nesses were unfriendly either to the Government Printer or the Gov- ne1ther yourself nor the pnbho would be in doubt as to the correctness of my answer. I w~ being questioned as to my official action and in relation to certain ernment Office, or so limited in their knowledge of its afl'airs as to moneys belongmg to the Government which had been retained in my possession, form very erroneous opinions, being discharged employes, merchants and the answer was truthful. I had no deposit of Government funds in any bank anxious for Government patronage, print<8rs and binders who deorued in the city. The accounts sworn to by Messrs. Ruif and Swain were my private that the Government was monopolizing a business which should be accounts, and as my private affairs had not been alluded to, the question auil answer bad no reference whatever to them; of this I think the committee must ue fully theirs, it iB not strange that in an ex pm·te examination, where the . aware. witness only was admitted and then the door locked anu guarded, ex:- IV--250 3986 CONGRESSIONAL RECORD-HOUSE. JUNE 21, travagant statements should be ·made and an impression produced of unt~l eight o'clock f [Aft.er a pause.] The Chair bears none. The incompetency, wastefulness, and probable corruption. Clerk will proceed to read the bill b:y paragraphs for amendment. That the Government Office is a perfect institution, or that those Mr. FORT. I desire to submit to the Chair the question whether who conduct it have always done the wisest thing in its manage- the order for a recess can be made in Commi tteo of the Whole f ment, or that its system of keeping accounlrs may not in some respects The CHAIRMAN. It can only be understood as the unanlmoru be improved, i~:~ not contended; and possibly some saving can be consent of the commiLtee. made by giving more particular attention to the purchase of mate- M.r. FORT. The committee cannot control the House in that mat· rial, and it may be some reduction made in portions of the l~tbor; ter. yet taking it for all in all, it is now one of the best-appointed insti- The CHAIRMAN. The Chair understands very well that the ordeJ tutions for the purposes for which it was established in this or :my would not be obligatory on the House. It simply binds the gentle- other country, and its efficiency is demonstrated not only by the vast men present, if they make no objection. amount of work performed, but by its quality and the promptness of Mr. RANDALL. My object was simply to ask the unanimous con- its production. Certainly that cannot be all corrupt. that produces sent of the committee, and at the same time to give notice that in the so much that is good. House I would move for a recess. And with such an institution, established by the Government for The CHAIRMAN. The Chair so understood the gentleman from its special benefit, with all the machinery and material necessary to Pennsylvania. carry on in the most extensive manner the various bmnches of busi- Mr. HOAR. Can the committee give unanimous consent for a ness for all the Departments, ami after having tried the" private recess f contract system" for a series of years and finding it inadequate and The CHAIRMAN. The Chair has stated, jn answer to the inter- unsatisfactory, how unwise it seems to go back to the old way, rogatory of the gentleman from lllinois, that the Chair does not un- surrendering by positive law the CONGRESSIO~AL RECORD, and by derstand that the a.ction of the committee in giving unanimous con- the manner of payment the Departmental printing, leaving only the sentisobligatoryon the Honse. But it wa.sexpres.~ed as the nnanimous Congressional printing to the present office; for the proposed act pro- purpose of the committee that a recess should be taken until eight vides that money cannot be drawn from the appropriations of U1e o'clock. The Clerk will proceed with the.reading of the bill. se\·eml Departm~:~nts for printing until tlle work for which t.he money The Clerk read the following paragraph: is intended is finished, delivered, and accompanied by an itemized That the following Rums be, and the same are hereby, appropriated, for the objects statement of the cost; when it is a fact that a majority of the De- hereinafter expressed, for the fiscal year entling June 30, 1877, namely: partment work is many months being completed, and in many cases HOUSE OF REPRESENTATIVES. several years, while labor must be paid at le-ast monthly, which will The following sums are herebv appropriated to pay the widows of late members of the present Congress, in conformity with the direction of the House of Repre- prevent the Government Printer from doing the work, as he can draw sentatives namelv: no money to pay for it until the whole is completed. Thus, under the plea To enable the Clerk of the House to pay the widow of Henry H. Starkweat.her, of misman:tgement, this large accumulated property of years is to be ~500 . ~:~acrific8(l, the Government lose the control of the business, and be- To pay the widow of James Buffinton, $3,136.98. come snbject to the cupidity and dictation of private contractors. To pa.y the widow of John W. Read, $1,2.'10. To pay the widow of Samu<'l l M. J!"ite, $1 ,250. Surely they will not take the risk without the prospect of large prof- To pay the widow of Garnett McMillan, late member-elect from the ninth llhtrict its, which with equally good management the Government can save of Georgia., $1,2.JO. to itself, ancl be ma.ster of its own affairs. Mr. WARREN. I offer the amendment which I seno sutli· This afternoon when the gentleman from Massachusetts [Mr. WAR- cient to pay said salary after deducting any amount said clerk shall have already REN] introduceu his amendment to pay the executors of Henry Wil- received. son I urged the gentleman from Indiana [Mr. HOLMAN] not to raise Mr. JENKS. As will be seen by reference to the rule on page 122 any point of order. 'l'be gentleman from Ma sachusetts [Mr. HOAR] of the Digest, the clerk ot the Committee on Invalid Pensions has knew then that that proposition wa-s as much out of order which he heretofore received the same compensation as the clerk of the Com- advocated as is this. mittee of Claims. There were several committees of this House the Mr. HOAR. The gentleman will permit me to say that I do not clerks of which received. a compensation of $2,160 each per annum, thiuk that that amenumeot was out of order. and the clerk of the Committee on Invalid Pensions was one of those Mi. RANDALL. It was not in order, and a point of order was clerks. made upon it. By reference to page 144 of the Revised Statutes it will be found Mr. HOAR. I do not think the point of order was well taken. that this provision of the rule is re-enacted; and upon page 403 of the Mr. RANDALL. The gentleman from Massachusetts was found ad- Revised Statutes there is a clause in the appropriation bill giving the vocating that proposition. I afn only showin~ the consistency of the clerk on Invalid Pensions an a.Uditional sum of $180; so that the gentleman in this respect. I he::trrl no opposttion to the proposition amount receivecl by that clerk last year was $2,340. made to pay the widow of Mr. James Buffinton, and it came to our: Tho compensation for the labor of any employe ofthis House should committee just as this claim did. It is true that that case came from be in proportion to the amount of labor done and care and responsibility :Massachusetts. assumed by him. The Committee on Invalid Pensions has before I lJeard no objections from that siue of the House, to t.heir honor it between eleven hundred aud twelve hundred bills. Many of the ue _it said, when we proposed to pa.y the widow of the late M:r. Stark- members of this Honse pay very little attent.ion to many of those bills weather. Nor did I find any objections coming from any source to after they have been sent to the committee. The whole of the labor the other three cases. Therefore, having already inserted in this bill in examining and preparing those bills must be assumed either by several claims upon account of deceased members, together with the the committee itself or by its clerk. additional payment to the executors of Henry Wilson, I thought In regard tp a great proportion of those bills the testimony con- there was no impropriety in following· up what we had done as to sists merely of the petition accompanying the bill, exc~pt in those others with this payment to a contestee. That is the ground upon cases coming from the Pension Bnreau. It becomes the duty of the which the committee acted. I do not think there is anybody in this clerk of the committee to write to the claimant in each case-for any Hom;e who will charge that the Committee on Appropri...'ttions a a evidence which will justify the committee in acting favorably upon body have exhibited too much liberality this winter. [Laughter.] his claim. Cm1sidering that there are over eleven hundred bills befo1·e 1876. CONGRESSIONAL RECORD-HOUSE. 3991 the committee, and that the clerk of the committee bas the preparation whom no appropriation was ma{le at the proper time. Tho appro- of every one of these cases for the proper actlon of the committee, I priation in the deficiency bill is as follows: submit to the Honse whether there is any other committee of the For amount due William M. Long for services nnder tbe Doorkeeper during the House whose clerk has an amount of labor to perform at all propor- months of July and August, 1874, $2'23.25. tioned to the labor performed by the clerk of the Committee on In- I am well satisfied that this amendment is perfectly right, and valid Pensions. that this amount ought to be paid. Then, considering the question upon its merits and taking in view Mr. RANDALL. Does the gentleman ·say that the amount is due the fact that this clerk does as much work as any other clerk in the this man ; that he performed the work t House, if not more, and that it i:i useful and necessary work, I ask .Mr. SHEAKLEY. Yes, I know that to be true, for I am acquainted the Honse to allow him $1,000 a year from the date of his appoint- with the case. ment until the expiration of the Congress. Mr. HURLBUT. In what year were these services rendered t Mr. HURLBUT. Will the gentleman state for the information of Mr. SHBAKLEY. In 1874. the Honse what the present compensation of this clerk is t Mr. HURLBUT. I make the point of order that the amendment is Mr. JE[';KS. Five dollars a day, lasting only during the session. not appropriate to this bill. Bnt, we desire that this clerk shall remain here during the recess in The CHAIRMAN. Without discussion, the Chair does not hesitate order that in those cases which come here without any evidence ex- to sustain the point of order as made by the gentleman from illinois, cept the mere petition or bill, the evidence may be sent for and ob- [.Mr. HURLBUT.] This case stands on precisely the same grouod with tained, so that the cases may be acted on intelligent.ly after the House t.he one ruled upon a few moments ago. shall meet next winter. Many bills which are presented cannot be The Clerk read as follows : acted upon until this is done. There is scarcely a member of the For folding documents, including pay of folding and materials, for the year end- House who bas not a number of bills before the committee in that ing Jnne 30, 1876, $9,850. situation. Hence I ask that this compensation may be allowed as a Mr. EDEN. I move to insert after line 54 what I send up to the matter of justice. Clerk's desk to be read. Mr. RANDALL. Mr. Chairman, I have no hostility to this amend- The Clerk read as follows: ment; but it is my duty to state just what will be its effect. It -pro- To enable the Clerk of the House to pay for extra clerical service in the Com- poses t.o make the clerk of this committee a permanent clerk, receiv- mittee ou War Claims rendered necessary by the reports of the commissioners of ing pay throughout the year. He is now being paid at the rate of claims, $~50. $5 per day during the session. The amendment proposes to pay him Also, to enable the Clt>rk of the House to pay to Henry Thomas for twenty.eight about the same rate throughout the year. days' service as messenger to the Committee on ·w ar Claims, at $2 per day, '$56. There is great force in the statement of the gentleman from Penn- Mr. EDEN. I do not propose to antagonize the Committee on Ap- sylvania, [Mr. JENKS,] the chairman of the Committee on. Invalid propriat.ions, and if opportunity had presented itself to me I should Pensions, that there is a vast amount of work which may properly be have asked to have these items inserted in the bill. It will not do to performed by this clerk during the recess ; and for one or two years pay a clerk any more than he ought to have and than what others it has been the practice to allow that committee to employ their clerk get. It is not for the purpose of increasing the pay of this clerk, but permanently. But the Committee on Appropriations did not find owing to the fact that the Committee on War Claims have to exam- that to be in accordance with law; and therefore we made no pro- ine the I'eports of the commissioners of claims, and there is rendered vision for it. With this statement the Committee of the Whole will necessary a large amount of clerical service which cannot be per- of course vote as it sees fit. formed by the 1·egular clerk of the committee. This service has been Mr. WILLIAMS, of Indiana. I move to amend by striking out the performed by Mr. Everett, who performed the same service in both last woru. I find that there are only five committees whose clerks sessions of the last House, and an appropriation of $500 was made at are legally authorized to be paid by the year; and this clerk is not each session. The work performed at this session is precisely similar one of that number. The Committee of Accounts, in consequence of to what was performed at both sessions of last Congress. the immense amount of labor which we understood was required to I will give this committee an idea of this service. This extra clerk be performed in connection with the Committee on Invalid Pensions, made a record of the two reports of the commissioners of claims for allowed to this clerk the highest rate of pay, $5 a day, which is at 1873 and 1874 for the use of the :file clerk of the House of Represent- the rate of $1,800 a year or $150 a month; bot we provided for pay- atives, about two thousand six hundred rejected cases, and then placed ing tbis compens::~tion only during the session. I hope we shall not them on the House :files. He examined the papers in each of seven now commence making a change in this respect; for, if we do, I pre- hundred and seventy-five aBowed cases, fifth report, verifying the com- sume that almost every clerk in the House will request to be contin- putations in each case. After doing this be prepared the appropria- ued during the recess. tion bill. There still remains to be made a record ofthe seven hun- Mr. RANDALL. I ask for a vote. dred and eighty-six rejected claims of the fifth report. There were The question being taken on agreeing to the amendment, there some twelve to fifteen hundred separate bills and petitions referred were-ayes 31, noes 48; no quorum voting. to the Committee on War Claims, also the letter of the Secretary of Tellers were ordered; and Mr. JENKS, and Mr. WILLIAMS of Indi- the Treasury containing what is known as the 4th of July cases, ana were appointed. amounting to five or six hundred; then, too, the reports of the com- The committee divided ; and the tellers reported-ayes 72, noes 44; missioners of claims, including those allowed and those rejected, no quorum voting. amounting to between fifteen and sixteen hundred cases. Mr. RANDALL. As there is no quorum present, I suggest, in order In order that the committee should act properly in reference to the to avoid breakbg up the committee, that a vote be taken on the reports of the commissioners of claims it was necessary that they amendment in the House. should have the service of Mr. Everett, the same clerk who acted at The CHAIRMAN. The gentleman from Pennsylvania suggests both sessions of the last Congress, and be rendered service faithfully that this amendment be passed over informally, that the question and it has occupied half of his time probably during the session. upon it be reserved, and a vote taken in the House. If there be no The last House, I say, allowed him $500 for the last session and $500 objection, that arrangement will be made. for the preceding session. Inasmuch as the Committee on Appropri- There was no objection, and it was ordered accordingly. ations has established the precedent of making a reduction of 10 per The Clerk read ns follows: cent. on all salaries, I have reduced the amount of appropriation in To V. H. McCormick, special messenger and watchman to the Select Committee this provision to $450. on the Freedman's Savings and Trust Company, from Jnne 12 to April4, 1876, in- [Here the hammer fell.) clusive, at $3.60 per day, $302.40. Mr. RANDALL. Mr. Chairman, I think there is a rule which should guide the Hoose in all such casE>.s. Where a committee of Mr. RANDALL. I move to amend by striking out in the paragraph this House has employed in good faith, believing they had a right to just read the word "June" and inserting "January." do so, any one, and that officer has performed the service under such The amendment was agreed to. belief, there is to my mind a propriety in paying him. If such is the The Clerk read as follows: case, as I believe it is, I do not of course object to the amendment To E. C. Stevens, for serviCes aa folder, rendered during the month of Febro.ary, moved by the gentleman fi·om Illinois. 1875, such sum as may be necessary. Mr. EDEN. . I ask the gentleman from Pennsylvania to yield to·me for a moment to explain the remaining portion of my amendment. Mr. RANDALL. I move to amend by striking out the words" such Mr. RANDALL. I yield for that purpose. sum as may be necessary," and inserting "$100.80." Mr. EDEN. The committee have proposed to pay the messenger·of The amendment was agreed to. that commit tee for twenty-eight days' service, whi"Cho the Committee Mr. SHEAKLEY. I move to amend by inserting after the p:1ra.- of Accounts kno"~ cannot be paid as it now stands. He served the graph just read the following. committee at the rate of $2 a day from the time the committe.e organ- For amount due J. E. W. Thompson for services nnder the Doorkeeper during ized; but the resolution was not introduced in the House for a con- the month of July, 1874, $111.60. siderable time, and consequently there are twenty-eight days for which he cannot be paid. This amendment is to pay him for those Mr. RANDALL. I would like to have some explanation of this twenty-eight days at $2 a day, amounting to $56. amendment. It may be right, though it dates back to 1874. I reserve Mr. REAGAN. What was the regular clerk doing at the iime this the point of order upon it. clerk was performing this service f M~. ~~AKLEY. I see that in the deficiency bill already -passetl The CHAIRMAN. Debate on this amendment is- exhausted. prov1s1on lS maue for the payment of one of four or five folders for Mr. EDEN. I only desire-- 3992 . CONGRESSIONAL RECORD-HOUSE. JUNE 21, Mr. WILSON, of Iowa. I move to strike out the last word, and The CHAIRMAN. Does the gentleman from Tennessee make the will vield my time to the gentleman f1·om Illinois. point of order that a quorum has not voted t Mr. EDEN. As every gentleman who served on the Committee on Mr. ATKINS. I do make that point. War Claims knows, the regular clerk could not perform this service at The CHAIRMAN. Then the Chair will order tellers, and appoints alL It required the a sistance of a clerk perfectly f::rmiliar with t.he the gentleman from Ohio [Mr. FosTER] and the gentleman from Ten- business of the commissioners of claims in order to do it. The reg- nessee, [Mr. ATKINS.] ulru· clerk, without reference to t.h is particular service, probably had The committee again divided; and the tellers reported ayes 94, as much lmsiness to do as any clerk of any committee of this House, noes not counted. owing to the great amount of business before that committee, and it So the amendment was agreed to. wa~:~ utterly impossible from the very natnre of the case for the regu- Mr. REAGAN. Inasmuch as tllis is to pay double salaries, I shall lar clerk to perform this service. It requires a man familiar with the ask for a vote on this amendment in the House. whole business of the commissioners of claims, and it was performed Mr. FOSTER. I offer the following amendment: by Mr. Everett, who was perfectly familiar with it, having rendered After the amendment just adopted insert the following: the ~arne service at both sessions of the last Congress for the Commit- .And $60 to pay A. R. St~arl for wages as riding-page for the month of December, tee on War Claims. Indeed I do not know how the committee could 1875. have managed to get along without his service. Mr. NEAL. This claim was examined by the Committee of Claims Mr. REAGAN. It seems to me if an expert was necessary and was and received their unanimous favorable recommendation. That com- employed, and the clerk could not perform the service required of mittee reported a resolution to the House directing the Clerk of the him in that position, the proper way would have been to discharge Hoose to pay that sum out of the contingent fund. The resolution the clerk and to have allowed tbe other to receive the salary. I do was adopted by the House unanimously. The claim is for services not think it is desirable to appoint gentlemen to positions of this rendered by this young man as riding-page in the months of Decem- kind who are not capable of performing their duties, and letting ber and January last. The Clerk informs me that owing to some them bold sinecures, while others a:re employed to do the duties. technical construction put upon the law by the officers of the Treas- Mr. EDEN. Mr. Chairman, the gentleman from Texaa [Mr.REAGAN] ury they are nnable to pay the money. wholly misunderstood me. The clerk of that committee is as competent The amendment was agreed to. a clerk as the clerk of any committee of this House. This same service Mr; RANDALL. I offer the following amendment: was required in the last House when Mr. Smith was clerk of that .After the amendment jW!t adopted insert the following: committee, a gentleman who bad bad five or six years' experience. To J. B. Summers, for clerical services rendered the Committee on Expenditures It was found to be just as necessary then as it is now. I repeat that in the Department of Justice, $92. the clerk of that committee has had as much service to perform, Mr. REAGAN. Is that a second clerk of the committee f I ask without reference .to that, as the clerk of any committee of this that the amendment may be read again. House, unless perhaps the clerk Qf the Committee on Appropriations. The amendment was again read. If we had discharged the present clerk, the clerk who performed this Mr. CAULFIELD. I will explain the object of the amendment. duty could not have performed .the duties of both clerks. It would This is the clerk of the Committee on Expenditures in the Depart- have been utterly impossible for him to do so. One clerk could not ment of Justice and the necessity for the amendment is owing to the do the work, and we employed the same clerk as was employed h.ere- fact that this clerk had rendered services for a certain period before tofore, for the reason that he was an expert in that class of business. taking the oath, the omission of which was entirely by mistake. He· Mr. REAGAN. This custom of having clerks for committees is a rendered the services precisely as if the oath 1:rad. been taken. My at- modern institution, and bas been carried to an extravagant extent in tention a.s chairman of the committee was not for some time called assign in~ one clerk to each committee. This is a further 8tep toward to the fact that he ha~ not taken the oath. He then took the oath, multiplymg the clerks of committees, all(l I hope it will not be per- and this is for the purpo8e of remuueratiug him for services as clerk mitted. of the committee prior to his taking the oath. :Mr. RANDALL. I 'ask for a vot,e. 'l'he amendment was agreeu to. Mr. WILLIAMS, of Indiana. I ask for the reading of the amend- The Clerk resumed the reading of the bill, and read the following ment again. paragraph: The CHAII~MAN. The formal amendment of the gentleman from BOTANICAL GARDEN. lowa [Ur. WILSON] is witbclrawn, and the Clerk will report the pend- For painting, glazing, anu repairing the conservatory, buildings, and fences of the Botanical Grounds, 1,500. ing nmenument offered by the gentleman from Illinois, [Mr. EDEN.] The amendment was again read. Mr. CLYMER. I move to strikeout the pamgmphjustread,relat- Mr. WILLIAMS, of Indiana. I ask the gentleman from Illinois ing to the Botanical Garden, anu to insert the following: whether he will not amend his amendment by inserting the name of For paintin[!, glazing, and repairing the conservatory, green-houses, and forcing the person who is to receive this money f houses; for extension and repairs of tbe heatJng apparatus; for sash and g-lazin"" to complete the double glazing ou t.bo nort,h sille of the conservatot y; for filling grounus Mr. EDEN. I have no objection to that. The name is S. S. Ever- aml raising the fence on tlte south side of B :itreet; for the erection of iron fence ett. · aml the et·ection of porch for the central bnildina on Maryland avenue, aud the Mr. EDEN's amenrlment wa.s agreed to. ceiling of a p ;rtion of the rotunda of the conservatory, $3,500. Mr. SHEA.KLEY. The gentleman from Illinois [Mr. HURLBUT] in- I have no des:.re to antagonize any just effort on the part of the forms me that he is willing to withdraw the point of order to the committee in the way of retrenchment, aud, if I did not believe that ·amendment I offered a short time ago. I renew that amendment. it is absolutely necessary for the preservation of the Government Mr. HURLBUT. The gentleman from Pennsylvania [Mr. SHEAK- property that the amendment I have offered should be adopted, I LEY] has shown me that these services have been rendered and that should be unwilling to urge its adoption. the appropriation is a proper one. I withdraw the point of order. I have from the Architect of the Capitol a statement in which he Mr. SHEAKLEY's amendment was agreed to. says that the sum of $4,500 is necessary for these purposes ; it includes Mr. HEREFORD. The clerk of the Commit.tee on Commerce served $800 for a concrete pavement and $200 for curbing. I do not believe for eight days after he w::.s elected by the committee before he was . that those two items are absolutely necessary, but, if the Botanical sworn in. I offer the following amendment: Garden is to be mainta.ined, it is absolutely necessary that the con- After the amendment just adopted insert the following: servatory should be kept in repair, that the green anti forcing houses To S. I. Warren, for clerical services as clerk of the Committee on Commerce, for should be perfectly glazed, and the heating-apparatus should be eight days' services, $40. kept in perfect order and be of adequate capacity. Any one who The amendment was agreed to. will examine the main building and forcing and green houses will The Clerk resumed the reading of the bil~ and read the following discover that they are in a dilapidated conuition; that they need paragraph: putty, paint, a.ud glass, and for these purposes and for the beating- That the accounting officers of the Treasury be, and they lre hereby, directed to apparatus ancl other necessary repairs au appropriation of $3,000, of allow credit to the Clerk of the House of Represen~tives for the sum of fl93.46, at least 3,000, ~ absolutely demanded. amount paid John E. Kelly by order of the House. I am not here to say that t.his establishment is absolutely necessary, Mr. FOSTER. I offer the following amendment: but if it is to be maintained we must furnish money enough to main- After the parngraph just read insert the following: tain it, and in that ease it would require at least this amount. I have For the payment of Charles F. Benjamin aml Henry H. Smith, for service.~ ren· endeavored to reduce the estimates as made by tho Government ar- derod the Treasury Department in the investigation of the fraudulent claim of chitect, and in this lkmcndmont there is no item that looks to any ex- Sugg Fort., $500. tension or to any new erection, and if gentlemen have received plea.s- These gentlemen were employed by the Secretary of the Treasury ure from this department, if it has been of any benefit to their con- to investigate the fraud~ in the Sngg Fort case. The Secretary of stituents, I want them to preserve it. If they care nothing about it the Treasury is perfectly willing to 11ay these gentlemen, having em- 1 wish them to vote for tbe amount reported by the Committee on ployed them; but for the reason that they were employes of the Appropriations; but if they wish to preserve it the amount of the House at the time they made the investigation, and the law t"!lerefore appropriation should be incroaseu at least $2,000. intervenin&", he is nnable to pay them, and he recommends Congress .Mr. RANDALL. It will be rememuered that in these economic to make tbts appropriation. times we slwuld reduce all the expenditures we can which are un- Mr. ATKINS. 'Vere they receiving a salaryf necessary or in the nature of luxuries. The Committee on Appropri- Mr. FOSTER. They WN'e clerks on a salary. ations deem that this Botanica.l Garden is somewhat in the nature of The question being tak~.n, there were-ayes 96, noes 16. a luxury; and while they are willing to give something toward keep- .Mr. .ATKINS. A .quorum has not voted. ing it in order, they wanted to be parsimonious in this respect, and 1876. CONGRESSIONAL RECORD-HOUSE. :3993 therefore t.hr.y reduced the application of the architect of the Cap- 1\lr. LYNDE. Parties litigant in th~ Supreme Court have never itol from S3,500 to $1,500. been taxed for the printing of their cases; they nre only taxed for the Mr. CI,YMER. I beg leave to say that while in one sense it might copy which is given by the clerk to the Printer, but they have never be a matter of ltJxur.v, yet in another it is keeping up a source of inter- been taxed for printing the ca-ses. e t and 11rofit not only to us here but to our constituents extending Mr. REAGAN. I desire to say that in a case which I tried lately over this broad land. . in the Supreme Conrt I was charged $200 for printing the record of I would say in justice to this institution tha,t I believe if there is the ca.se. any department of the Government which is man11ged economkally, The question was t~ken upon the amendment of Mr. LYNDE to the fairly, a.n d justly, and at the least possible expense considering the amendment of Mr. VANCE, of Ohio; and upon a division there were- amount of work done, it is this. I tio not d~sire to press this matter ayes 47, noes 66. fnrther on the committee, but I drsire to say to the committee that No further count being called for, the amendment was declared to if they wit:;h to keep up this establishment my amendment should be be rejected. adopted. Mr. McCRARY. I ask that the amendment be again read, in order · The question was taken on Mr. CLYMER's amendnumt, and it was that I may fully understand the purpose of the provisos. agreed to, ayes 78, noes not count.ecl. The Clerk read the amendment, as follows: The Clerk resumed the reading of the bill, and read a.s follows: For the Supremo Court of the Unit~l States, 10,000: Provided, That the record PUBUC PRJNTING AND BINDING. m all casQs in which the Government is not a party shall be printed at the e:xpense of the party thereto ; for the Court of Claims, $5,000: Prouid.ed-, 'l'hat the recorcls for Office of tho Congressional Prinwr : claimants in said court shall be printed at the cost of such claimants: And pro· For tho Congressional Printer, $3,600; throe clerks, at 1,600 each, $4,?00; one videdfttrth~r. That the clerk of the Supreme Comt and tho clerk of the Court of derk, $1,300, one clerk to keep accounts of CONGRESSIONAL RECORD, $1,200; mes- Claims shall administer such oaths to pnvate printers who may execute such work senger, $840; in all, 11,740. . as suoh courts may deem necessary. · Mr. VANCE, of Ohio. In line 83 I move to strike out all aft,er the Mr. REAGAN. Why is that proviso put in, it being true that suit- word" dollars" down to the word" messenger" in line 84, as follows: ors must (leposit money for the printing of their records T "one clerk to keep accounts of the CONGRESSIONAL RECORD, 1,200." 1\Ir. RANDALL. This amendment comes from the Committee on This matt.er is provided for in line 123, which makes an appropria- Printing, and the chairman of that committee will state the reason tion for the printing of the debates and proceeuings of Congress, and for it. ·u is unneceRs::~>ry in this place. Mr. VANC],OOO. tion of these provisos will work a very great bard8L.ip, almost an en- Mr. FOSTER. €ertainly; then I withdraw the pro forma amend- tire prohihition upon taking a great many cases to the Supreme ment. Court. The cost of printing the record fs often a very large i tern of Mr. RANDALL. The gentleman from Ohio will remember that the expense, and if the litigant happens to be a poor man, it may well estimates for this work were sent to the Committee on Appropriations happen that he will be wholly unable to pa,y the expense of this and by them referred to the Commit.tee on Printing. l!'or some rea- printing. son the Committee on Printing did not report them back to the Com- This printing is for the benefit of the court. It is as mnch a mat- mittee on Appropriations. ter of public printing which ought to be paid out of the Treasury of The Clerk resnmeu the reading of the bill, and read as follows: the Unit-ed States as the printing of the bills that are on file to-da~ For p1intin~ and bindin.,. for the State Department, $15,000; for tho Treasury on our desks. It is not for the litigant; it is not for the convenience D('partment., $180.000; for 1'fie War Department, $72,000 ; for theNavy Department~ of the litigant; it is to enable the Supreme Court of the United States, 3!J,OOO; for tho Interior Department, $135.000; for the .A:rricnltDral Department, one of the departments of this Government, to discharge its duties ..,9,000; for the Department of Justice, $6,000; for the Post-(Jtlioo Department, $105,0t0; for the Congressional Library, $15,000; in all, $576,0()0. and transact its business with re11sonable facility and within a rea- sonable time. To put the cost of this printing, which is in every sense 1\Ir. VANCE, of Ohio. I offer the followingamendmenttothe clause of the word public printing, for the benefit of the public in the just read: cause of the speedy administration of justice-to put the cost of this Insert the following: printing upon the litigants who go to that court is an injustice and a For tbo Supreme Court of the United StateR, $10,000: Provided, That the record hardship, a departure from the practice which has heretofore pre- in all cases in which the Government is not a party shall be printed at the expense of the parties thereto. vailed in that court. I hope that the provisos will be stricken ont. For the Court of .Claims, $5,000: Provi4ed, That the records for the claimants in Mr. REAGAN. I desire to ask the gentleman from Iowa [Mr. Mc- said courts ahall be printed at the cost of such claimant:~: .And prnmded furlhM", CRARY] if he bas had occasion to file records upon appeal to the Su- That the clerk of the Supreme Court and the olerk of the Court of Claims shall ad· preme Conrt of the United States f · mioistcr snch oaths to private printers who shall execute such work a.s said courts Mr. McCRARY. I have. may deem necessary. Mr. REAGAN. Have not litiga.n ts in those cases been obliged to Mr. LYNDE. I move to amend that amendment by striking out deposit money for the printing of the records f $10,000 for the printing of the Supreme Court and inserting in lieu Mr. McCRARY. There is a fee, I believe, for one copy of the rec- thereof $20,000, and by striking out $5,000 for the Court of Claims and ord, bnt there is no requirement of the law and no rule of the court inRerting $10,000. which rertuires the litigant to pay the cost of the printing. Mr. Chairman, for several years past, last year certainly-! have Mr. REAGAN. Not having examined the law, I will state a single not looked back to the time before that, before last year-$2.."l,OOO wa-s item of personal experience. In taking a case to the Supreme Court appropriated for printing for the Supreme Court, and I think that last fall I was not.ified by the clerk of the circuit court that before $20,000 is as small a sum as can possibly answer the purpose for the the case could be filed it would be necessary for me to deposit with printing for that court. Every case presented is printeti, and the de- the clerk of the Supreme Court $200 to pay for printing the record. cisions of the court are printed on slips, and they dispose of three The record remained here for some time before it was filed, and I had hundred cases per year, and the printing of those-decisions alone has to bring that money and deposit $200 to pay for printing the record amounted to over $10,000; at ordinary rates $20,000 is as low a sum before the clerk Qf the Supreme Court would file the papers. as I think t.hey can possibly get along with. A-Ir. McCRARY. The gentleman from Texas [Mr. REAGAN] must The appropriation last year for the Court of Claims was 10,000. have been improperly advised. , Every case presented to that court anrl the testimony in the case must Mr. REAGAN. I was first notified by the clerk of the circuit court, be printed for the court, ancl 10,000 is not more tha,n is needed for and next by the clerk of the Supreme Court. that purpose. · Mr. McCRARY. The amount usually deposited, $"2501 :s to cover We certainly a,re desirous of placing no obstacle in the way of a the costs, not simply to pay for the printing. proper administration of justice in these courts. I would be glad, Mr. REAGAN. No, sir. indeed, if we could get along with the sum named by the chairman The CHAIRMAN. Debate is exhausted upon the amendment to of the ComiUittee on Printing; but I am satisfied that we cannot. the amendment. Mr. VANCE, of Ohio. l!"rom an examination made of this subject Mr. REAGAN. I move to strike out the last word. I say that I am during the pa.st winter I am satisfied that the necessary printing for not mistaken. The office of the Supreme Court is not far from here; the Supreme Court, for which the United States should pay, can be and any gentleman who will t-ake the trouble to go .there will find done for the sum of 10,000. The samo examination satisfies me thor- tha,t he cannot have his transcript filed unless he pays the money for oughly t.hat$5,000 will pay for t.he printing of all the records and other print.ing at the time of filing it. In the case which I have already matters required by the Court of Claims. I am supported in that mentioned the party was a very poor man, and be was put to some opinion by a conversation had to-day with one of the gentlemen con- tronble to raise the money for printing that record. nected with that court. The question being taken on the amendment of Mr. McCRARY, it Mr. REAGAN. I move to strike out the last word for the purpose was agreed to. of infl_niring if it is not tr,te that. priva.te litigants ·have to pay for The qnestion then recurred on the amendment of Mr. VANCE, of printing their recorcls Y Ohio, as amended. 3994 CONGR.ESSIONAL RECORD-HOUSE. JUNE 21, l\Ir. FOSTER. Now, the amount ought to be increased. I move to 1\fr. FORT. As I understand it the provisions ma-de in this bill aro amend by making it $18,000 for the Supreme Court. only snfficient for the printing of tbe nsual number of Agricultmal The amendment of Mr. FOSTER was not abrreed to. Reports to be distributed by the Department of Agriculture, but not The amendment of Mr. VANCE, of Ohio, as amended, was agreed to. for t.he purpose of the printing of Agricultural Reports to be distrib- Mr. BALLOU. I move to amend, a-s follows: uted generally by members of Congress. If we desire to print enough At the end of line 122, add the following: Agricultural Reports for general distribution among the people by Provided, That any surplus in either tlie appropriations for printin~ or for bind- members of Congress, of course we should provide for it here. ing may, if nec~ry, be applied to moot any deficiency in the other branch of the Mr. RANDALL. 0, no; this is enough for everything. This Con- work. gress so far has not been extravagant in ordering the printing of Mr. Chairman~ I will explain the object of this amendment, which books. perhaps would have been more appropriate at the end of line 111. The CHAIRMAN. This debate is all out of order, not even a for- The amounts expended for printing and binding vary considerably, mal amendment being pending. so tha.t, a definite sum bdng appropriated for each, it may happen Mr. FORT. Other gentlemen have been debating it. that with respect to one class of work the whole appropriation may The CHAIRMAN. But on amendments on which debate is now be expended, while as to the other a large balance may remain. exhausted. Without some amendment of this kind the work of either class must Mr. FORT. I move to strike out the last word. st.op a-s soon as t.he appropriation for that specific work is exhausted. The CHAIRMAN. That has been offered now three times. The object of the amendment is that if any portion of the appropria- Mr. FORT. Then I move to strike out all of it. [Laught.er.] If tion for printing or for binding should remain iL may be used for either the gentleman comes to make a calculation he will find that the ap- class of work in which then~ may be a deficiency. . propriation la-st year provided for enough Agricultural Reports to be Mr. RANDALL. That amendment destroys, as to money wh1ch distributed by the Commis ·ioner of Agriculture to his correspondents. may be expended for public printing, the responsibility which should He has his correspondents in every county. He has those to whom attach to each Department. I think that the amounts have been be sends his reports. But you will find not one single report will be carefully considered by the Committee on Printing, guided by past rleli vered to members of Congress to be distributed by them under experience. I hope, therefore, that the amendment will not prevail. the appropriation here made; and it is a question the House might The amendment was not agreed to. as well understand now as at any other time. If they wish to have 1\Ir. MILLER. I desire to ask a question of the chairman of the the report distributed by the Commissioner of Agriculture, aU right; committee; and for the purpose of doing so I move to strike out the but if they wish to have several hundred thousand printed for dis- last word. I notice that in this seotion there is appropriated for tribution by members of Congress among the people, then it will take printing for the Agricultural Department 9,000. I wish to inqnire 75,000 or $30,000 to do it. whether that is S11pposed tube ~ufficient for printing the annual re- The CHAIRMAN. Does the gentleman withdraw his motion to port of the Commissioner of Agriculture t strike outf Mr. VANCE, of Ohio. That is not provided for in this paragraph ; 1\lr. FORT. I do. it is provided for elsewhere. The CHAIRMAN. Without objection the Chair will ·inst.ruct the Mr. l\1ILLER. Is it provided for in another bill t Will the chair- Clerk to insert in line 122, inste-ad of $576,000, $591,000, so as to in- man of the committee give us the information T clude the $10,000 for the records of the Supreme Court and $5,000 for Mr. RANDALL. It is provided for elsewhere. the records of the Court of Claims, inserted by vo~e of the committee Mr. MILLER. In this bill t in ordin the Government Printing Office. Yet their wages are to the city of Baltimore to ascertain what starvinS" clerks are paid there, becompare!ltothew~gesofcompositorswbosetupthetypeforavillage and why do we not intrust the interests of this Governrnenij to men newspaper" in the town of Washington.'·' [Laughter.] I protest who will work for the same compensation f We know that such a pol- againRt settling this great question by any snell comparisons as these. icy would not answer. It is not a rule that would succeed. The Sir, if the eight-hour law is to be repealed, let it be done by ex- Government must have not· only able and prompt men, but reliable press sta.tute, and not in this left-handed way; for this is a virtual men, men of integrity, such as th~ ordinary occupations and employ- repeal of the eight-hour law as to printing in tho District of Columbia. ments in which young men are engaged do not require. No, gentlemen, if we are ready to repeal tb~tt law, let us do it in What have these printe-rs done that the gentlemen of the Commit- terms. Who will make the motion T Not I, sir; not I. tee on Appropriations should enter upon a hunt against them! If Would you regulate the wages of these skilled workmen by the they have been applauding anybody here, certainly it is an indis~re­ wao-Ps of workmen in Boston, New York, and Philadelphia, in a time tion ; but most of the gentlemen here get what little reputation they of depression unparalleled in our history, when skilled workmen seek have from the appla.use of the galleries. [Laughter.] I have heard a refuge in the house of correction; when thousands are unemployed gentlemen say again and again that never at any previous session hM and will work for the fifty cents a. day they get in Washington, (I the practice of the galleries applauding prevailed as it has at this ; think that was the statement, or perhaps it was fifty cents for a and certainly, in my twenty years' experience, I never saw men who thousand ems, or something of that sort;) a time when men to keep liked it any better that the members of this House. [Laughter.] shelter over wife and children-or, as I know some skilled workmen Why should we adopt in reference to these printers a rule or method living in this very city now, to give them bread and sirup twice a of regulating compensation different from that which is applied to day seven days in the week. Who shall go forth on behalf of this all other officers ! Is it because these men are workmen T Is it lie- Government and learn how cheaply these men will work, and to say cause they are mere laborers t Do the gentlemen of the Committee that what their necessities will compel them to take shall be the on Appropriations strike against these men because they are labor- wages of the most skilled printers of the world in the Government ers, because they are workmen T Why, sir, they are officers of the Printing Office f Government as much as we are or as much as the officers of the [Here the hammer fell.] Executive Departments. These printers are officers upon whose Rkill Mr. HEREFORD. I feel a little surprised at the remarks that have and fidelity the Honse is absolutely dependent for the. correctness of just fallen from the lips of my friend from Pennsylvania [Mr. KEL- itA printed proceedings. LEY] who has just taken his seat. He announced the other day to Now, let me call the attention of gentlemen to what other men have this Honse that in a certain city in the State of Indiana there were done: Thirty-six years ago Mr. Van Buren, as the head of the execu- some fourteen thousand workmen, out of twenty-six thousand, I be- tive branch of the Government, set an example. which since that time lieve, who were living upon garbage. Yet to-night he tells us that has never been disapproved by anybody. It was that the Government yon must give men more than $1,000 or $1,200 a year that .t hey may of the United States should cut down tho time of labor from twelve live here. He says that to-day there are fourteen thmisand people in or fourteen hours a day to ten hours a day. For thirty-six years that Indianapolis living upon garbage. has been the wise rule of the Government of the United States, which Mr. KELLEY. Not that; bnt what I told was the truth. has been adopted by every State and in almost every branch of pri- Mr. HEREFORD. He told us the other day that there were four- vate bnsineM. · teen thousand peoplo in Indianapolis living upon garbage. [Here the hammer fell.] Mr. KELLEY. I said that there were fourteen thousand people Mr. SPRINGER. Mr. Chairman, I am very glad to learn that the out of employment, and some of them living on garbage. gentleman from Pennsylvania [Mr. KELLEY] has on this occasion Mr. HEREFORD. He said there were 14,000 out of 26,000 who made one exception to the uniform rule of his life. As a member of were thrown out of employment, and many of them were living upon Congress, so far as I have observed his career, he bas always been garbage. Why 1 Becanse the people in this country are taxed to the mo~t devoted to the interests of his constituents of any of the death. members on this floor. But to-night I see tba.t he is a.dvocating higher During ten years past, as I had occasion to say the other day, wages for the printers in the District of Columbia than are paid in $5,000,000,000 has been collected from the people ; yet our debt is the city of Philadelphia, which he bas the honor to represent upon over $2,000,000,000. It is because the people are taxed to death. Yet this floor. I think in that res-pect the gentleman is departing from when this Committee on Appropriations proposes to-night, as it has the uniform rule of his life. He has been faithful in representing the upon every occasion, to reduce those taxes, to preYent those men from interest., as he calls it, of labor, but to somo it would app~ar, a.t least "living upon garbage," my friend from Pennsylvania rises in his to me, his efforts in behalf of labor tend to favor the few great manu- seat and says you must tax them more, although if you tax them facturers at the expense of the laboring millions. He advocates the more, still more will they "live upon garbage." I want them to have great fallacy of the protectionist!'~, which is this: That the more you as fair and reasonable wages as men get throughout the length and tax the -people the richer they will get. He is for a high protective breadth of this country. But I say to gentlemen on either side of tariff upon all articles which the people of this country consume, the House when you go to your homes how many men and women do and hopes to make them rich and prosperous by taxing them to you find there who are "teaching the young idea bow to shoot," death. who are teaching in your schools, and who would be glad to get Now, Mr. Chairman, something has been said about the great reduc- $1,0(}0 or $1,200 a yearf Yet my friend from Pennsylvania, who is so tion proposed by the appropriation bills which have been passed by / much opposed to "garbage," says that is not enough. this House. In this respect I think the Committee on Appropriations .Mi·. KELLEY. Do you like garbagof [Laughter.] have performed a work which entitles them to the gratitude of the 1876. CONGRESSIONAL RECORD-_HOUSE. 3997 laboring-men and the tax-payers of this country. I believe our Com- below the estimat.es mado by the various Ex:ecuti ve Departments of mittee onApprop1iations and this House will receive the thanks and the Government. t.he gratitude of the people wben.our work is finished and submitted It will be seen also by this table that although the appropriations to them. for the current fiscal ye~tr were $177,000,000 and upward, the appro- I have before me, Mr. Chairman, a carefully prepared estimate of priations made this year, aa appears by the bills alrea Bills. 0~ t:_o p.~ ·~'1:! Q)g 0 a II) c:e8= o:g P.~.Q (!) ..... <1) ~-~~ ....... e~~§ t)~~ Q P. and the Librarian of Congress a state- ment settinl! forth the cost at the Government Printing Office of the work required; Mr. CONGER, Mr. FORT, Mr. FOSTER, and Mr. CANNON of illi- and shoulcl the cost set forth by the Go\·er-nment Printer be as low or lower than nois addressed the Chair. the bids, then the work shall be executed at the Government Printing OJice; and The CHAIRMAN. The gentleman from P ennsylvania [Mr. RAN- whenever work is executed at the Government Printing Office it shall be the duty of the Government Printer ro furnish with each and every document, pampblet, DALL] bas moved that the committee rise to close debate. blank, blank-hook, with anll without print~d headjngs,job of printing or job of binding Mr. FOSTEH.. I hope the gentleman will yield. thns executed. a bill or memorandum settingfort.h thenumberofco!Jies. theqMntHy, Mr. RANDALL. I want to dismiss your cotnplaint against this side weig;ht, cost, the description of paper, the number of pa.~es, the number of thou· of the House tllat we are behindhand in passing the appropriation bills. sand ems, printer's measurement, tho cost of composition, making·up, and impos· proof-reading, correcting, nnd pre8s.work, the cost, if any, of stt>reot~-pin:;r, .Mr. CONGER. I hope the gentleman wHl not insist upon his mo- ing. electrotypinJ.;, lithographing, or engraving, i.ucluding paper and printin!!, t.he cost tion now. of llr\··pl'essmg, foliling, gathering, stitching, sewing, ami binding, including rna· The CHAIRMAN. Does the gentleman insist on the motion f terials. Mr. RANDALL. I do. Mr. HURLBUT. I make a point of order on that amendment. 1\fr. CONGER. Then I hope it will be voted down. The CHAIRMAN. What point of order does the gentleman make f The question being taken on the motion of ~11'. RA.l'ITJ>ALL, there Mr. HURLBUT. That the amendment is new legislation in viola- were-ayes 138, noes 39. tion of existing law, and does ·not on its face show any e..;onomy. Mr. PAGE. No quorum! Combinations of contractors are very common in this country. The CHAIRNAN. Does the gentleman make that point! The CHAIRMAN. Does the gentleman desire to discuss the point Mr. SPRINGER. A quorum i6 not required to vote upon a motion of order1 that the committee rise, which in this respect is equivalent to a mo- Mr. HURLBUT. I do not. tion that the Honse adjourn. The CHAIRMAN. Then the Chair overrules the point of order, The CHAIRMAN. The chair would remind the gentleman from and without discussion, under the rule which provides that no amend- California [Mr. PAGE] that upon this motion no quorqm is required ment ·shall be in order changing existing laws except where it re- to vote. The motion is agreed to. trenches expeD11iture. In the judgment of the Chair the amemlment The committeo accordingly rose; and the Speaker pro tempore bav- proposed is a reduction in the expenditures of the Government. 4000 CONGRESSIONAL R.ECO~D-HOUSE. JUNE 21, Mr KASSON. I rose to submit the point of order at the same time for sundry civil expenses of the Government for t-he fiscal year enu- with the gentleman from illinois, and should be glad, with the per- ing June 30, 1877, and for other purposes, and had come to no 1e o.ll- mission of the Chair, to say a word in support of it. tion thereon. The CHAIRMAN. If there be no obj~ction, the Chair will hear Mr. RANDALL. I move tile House take a recess until clevon the gentleman from Iowa. o'cloclr to-morrow morning. Mr. KASSON. I do not know that I ought to say anything after l\1r. PAGE. I move the House adjourn. the decision of the Chair. I will onJy say a word in support of Mr. BLACKBURN. Is not the question first to be taken on t ho tile point of order. It does appear, under the ruling maue formerly motion of the gentleman from Pennsylvania, as that fixes t he time to when a like question was before the House, that t his amendment of which the Hou~e shall adjourn f all(.l bx itself will not result in any economy of expenditure. There Mr. WILSON, of Iowa. I make the point of order that the time i~ nothiug in the amenform. Their power and influence depend upon executive patronage; and while we grant they willsqua.nder. The Senate is neither by the theory of our syst~m One other point. Much ha been said, and particularly last night, nor by its composition fitted for the task. This House alone ha.~ the constitutional about the estimates, and I want to say a word about that. It is power to perfect a. radical reform. The Constitution provides that "no money shall stated here often, I believe always, tha.t the Department asks for this be clrawn from the Trea.c!nry but in consequence of appropriation made by law;" and asks for that. That is a mistake. Take your river and harbor and that "all bills for raising revenue shall originate in the Honse of R-epresenta- tives." These provisions were designed to invest in this House the entire control bill as you passed it last year and as you pas ed it this year. You pro- over the public purse, the power of supply. This is invested in the Honse of Com- vide for a large number of surveys of rivers and harbors all over the mons, and has been jealously guarded by it. It is the ~,>earl beyond price, without country. The board of engineers make the estimates for what you ask which constitutional liberty in England would long smoo have fallen under the them to make estimates for. You direct them to make these surveys despotism * of the Crown. * * * * * * and estimate for the improvements, and they do so. They make es- Instead of a representative Republic, we are degenerating into a. bnrea.nc:racy, timates for public buildings, for fortifications, for light-houses, and governed by red tape and subaltern clerks. While the powers of the Honse are .-all that sort of thing. They t.ell you what it will cost, and if you mva.ded, the Executive takes care to extend by constrnction his just powers. Of this we have an example in t.he Utah war. want to appropriate for it you may. The Department does not ask Congress to appropriate a single dollar for these things ; but at our Mr. KASSON. The gentleman from Pennsylvania said, as I under- request they tell us what these things will cost and what existing stood him, that the sundry civil bill failed in 1866. laws call for. That is all there is of it. · Mr. RANDALL. I believe that was the year. Mr. RANDALL. The gentleman s eks to parry the a.ssertion which Mr. KASSON. I have before me the sundry civil appropriation act I made, that $40,000,000-of reduction can be made in the expenses of for that year, approved July 28, 1866. this Government, by stating that it wa-s a looso remark. Mr. H 0 LMAN. The bill referred to failed in the session of 1864-'65. Mr. FOSTER. 0, no ; not that. What I referred to wa-s in refer- J\lr. KASSON. That is the one to which I referred the other day. ence to the finances. No bill of that kind has failed since that time, so far as I know. Mr. RANDALL. I want to say to the gentleman that that judg- Mr. HOLMAN. That bill involved appropriations of about seven ment was made np after many years' investigation on this floor of ap- million dollars. propriation bills. It is true that I never had t.he privilege until this The CHAIRMAN. The question is on the amendment of the gen- year of being a member of the Committee on Appropriations, but the tleman from Illinois, [Mr. HARRISON.] gentleman will bear in mind that I have alwa,A investigated the ap- Mr. HARRISON. I believe the chairman of the Committee on propriation bills very closely. Printing a'SSents to m:y- amendment. 1876. CONGRESSIONAL RECORD-HOUSE. 4003 ----------------------.---------------------------·-------- Mr. RANDALL. I believe the head of this bureau should be a 'l'reasnry not otherwise appropriated a sum sufficient to pay said interest, .and the same shall be re-imbursed to the Treasury of the United States from time to time practical printer. as aa.id revenues may be paid into said Treasury, until the whole amount shall have The amendment was not agreed to. been refunded. Mr. KASSON. The gentleman from Pennsylvania consented, I be- lieve, to changing the word "Government," in line 154, to "public." Mr. RANDALL. A word in explanation of that amendment. The Mr. RANDALL. Yes, sir. Committee on Appropriations do not want to have renewed any delay The CHAIRMAN. That amendment will be made, if there be no such as occurred in the August payment of the interest on the 3.65 objection. bonds. The amount nece8sary to pay the interest on those bonds dur- There was no objection. ing the fiscal year, which you will notice we provide for, is $501,000, The Clerk read as follows: which we desire the Government of the United States shall advance That so much of sootion 38'26 of the Revised Statut~s as provides that all adver- in case the revenues of the District shall not be sufficient to meet tisements, notices, and propo ala for contracts for all the Executive Departments that interest. of the Government and the laws passed by Congress, and exooutive proclamations Mr. HOLMAN. I hope the amendment will be reported again ; and treaties, shall be advertised by publication in three daily papers published in and I hope the committee will at least understand what it is doing. the District of Columbia, be, and the same is hereby, amended to limit such publi- The amendment was again read. cation hereafter to two daily newspapers, published in said District, one of which shall be selooted by the Joint Comlbittee on Printing on the part of the Senate and Mr. HOLMAN. I do not know certainly whether that is subject to one by the Joint Committee on Printin~ on the p:nt of the House of Representa- the point of order or not. tives :And provided furtlter, That all act.<:! and parts of acts inconsistent here,vith Mr. RANDALL. That amendment did not come from the commit- be, and the same are hereby, repealed. tee. I offered it myself. Mr. KASSON. For the putpol)e of making an inquiry I move to Mr. HOLMAN. I desire to make the point of order on it that it is strik~ out that paragraph. I see tha,t it assumes the laws of Congress new legislation. are now still published in newspapers. That is not so. The last Con- Mr. RANDALL. But the amendment has been received and debated, gress repealed that part of the former law, and there is no authority and it is too late to make the point of order after its consideration. now whatever for the publication of the laws of Congress in any 'l'he CHAIRMAN. The Chair rules the point of order comes too newspaper. late, because the amendment has already been debated. It does not By implication it would seem, from a cursory reading, as if this re- deprive the gentleman from Indiana, however, of the right to take newed the authority for the publication of the laws of Congress in the sense of the committee on it. the newspapers. It was repealed in 1b74 and no occasion for the par- Mr. HOL!-!AN. Of course not. I am fully aware, Mr. Chairman, agragh exists, so far as the laws of Congress are concerned. of my right in that respect, and I have no objection to the ruling of There is anothe1· point in it. I do not see why the chairmen of the the Chair, provided that ruling is uniform, that the point of order Committee on Pti.nting in the House and in t.he Senate should desig- must be made before any debate whatever. nate a newspaper in the District of Columbia for the publication of The CHAIRMAN. The Chair will state to the gentleman from In- executive proclamations and treaties. I know very well why: the law diana that it is the purpose of the Chair, and has been the practice of its was changed as it was, and I disapproved of it. We ought to ~o here present incumbent, to so rule in every case except where the gentle- as in respect to the Public Printer, and adopt the proper system of man offering the amendment has himself engaged in the debate to letting them be designated by the Executive Departments of the the exclusion of the point of order. Government. The chairman of the Committee on Printing of the Sen- Mr. HOLMAN. I did not engage in the debate. The gentleman ate and the House ought not to have anything to do with it. We ought from Pennsylvania submitted the proposit}on and made a statement. never to have allowed the Senate to designate the Public Printer. I I rose and desired that the amendment shonld be read, saying that I doubt its constitutionality in some respects. Here we now· propose <.lid not know what it was ; whether it was subject to the point of to make a new appointing power in the chairmen of the two Com- order or not. I had not debated it myself. The gentleman from mittees on Printing, in the Senate and in the Honse. I do not think Pennsylvania., who offered the amendment, had. that mode of getting at the result is a wise one. The CHAIRMAN. The Chair will state to the gentle~IM~>n from In- Now, Mr. Chairman, I have no objection whatever to change the diana that the amendment was under consideration in committee law so as to require the two newspapers in which the laws are pub- before the gentleman from Indiana asked to have it reread; and it lished to be of different political sentiments. So fa.r as that is con- was only after the rereading of the amendment and discussion on it cerned I have not the least objection. I think it is right it should that the point of order waa made. be so. Gentlemen can amend thelawbyreqniring the proper Execu- Mr. HOLMAN. The amendment waa submitted by the gentleman tive Department to designate them. I think the gentleman from from Pennsy1vania, and he immediately proceeded to make his re- Pennsylvania will agree with me it is· hardly worth while to adopt marks on it. this, however, when there are no laws of Congress to be published, The CHAIRMAN. Does the gentleman from Indiana propose to to allow the chairmen of the Committee on Printint; of the Honse discuss the amendment Y and of t.he Senate to designate the newspapers in which the laws are Mr. HOLMAN. I do, if the Chair rules that it is not subject to the to be published when the law in that respect has been changed and point of order. no publication is provided for. The CHAIRMAN. The Chair would rule that it is not subject to Mr. RANDALL. The Committee on Appropriations has only asked the point of order at this stage. - to insert this for the purpose which I will mention, and that is that Mr. HOLMAN. I wish it to be understood that this proposition the publication of the laws should be confined to two instead of three does not come from the Committee on Appropriations. The gentle- newspapers, which would cut off~ part of the expense. Another con- man from Pennsylvania offers it on his responsibility as a member of sideration, and I am free to state it, was that in the publication of the Honse. The provision incorporated into this bill directing the the laws all parties and all persons should be cognizant of their terms. Secretary of the Trea-sury to reserve out of the revenues of the Dis- It is very desirable to publish the laws in papers of both political sen- trict a sum sufficient to pay the interest on these bonds was thought timents. There are certain classes of people who take a paper of one by the Committee on Appropriations to be sufficient. political sentiment, while others take a paper of different political The proposition of the gentleman from Pennsylvania is that this sentiments. If these laws are only published in one paper, or the interest shall be paid out of the Federal Treasury, and refunded from papers of one political party, they will of course reach only that por- time to time-the time being left entirely indefinite-to the Govern- tion of the people who read those papers. ment of the United States out of the revenues of the District. I do Mr. KASSON. I have already said that I would not object tore- not wish to see the Government assnme the responsibility of the pay- quiring the papers to be of opposite politics, but I do object to chang- ment of that interest. If we do it in this instance a. precedent is es- ing the mode of appointment. tablished, and I predict, sir, that if this provision becomes law, the Mr. RANDALL. We do not propose to give to any member of Con- Government will have to provide for the payment of this interest gress any authority not provided by the Constitution and laws there- year after year. . under. This is not a debt of t.he whole people of this country. It lB not Mr. KASSON. Why not let this ~o over for the present, and then a debt of the United States. It is a debt of the District o~Columbia, the gentleman can draw up a substitute for this paragraph covering and a. charge upon its revenues. And I hold that Congress does ita the point which he has stated f full dnty when it provides that the necessary reservation from the Mr. RANDALL. I am willing to let it pass over for the present. revenues of the District shall be made by the Secretary of the Treas- Mr. KASSON. I withdraw my motion to strike out. ury to meet the interest on these bonds. The CHAIRMAN. The Chair hears no objection, and the pam- Why should the whole people of this country be chargeable with graph will be passed over for the present. this debt Y Gentlemen must see that by a slow and gradnal process Mr. RANDALL. I move to insert in line 175 the following. we are assuming the responsibility of the entire debt of this District. The Clerk read as follows : I am aware of the value of the public credit; but I am not aware For lithographing and mapping for the Supreme Court of the United States, that the credit of this Government is involved in the payment of the $2,000. interest on these bonds. I am aware that this Government should declare that the revenues of thls District shall pay the interest; but The amendment was agreed to. I am not aware that the whole revenues of this country should be Mr. RANDALL. I move the following amendment. cha,rgeable with the duty of paying this debt, either interest or prin- The Clerk read as follows: cipal. And for one, representing the constituency who I think should And in case there shall not be a sufficient sum of said revenues in the Treasury not bear this burden or any part of this burden, I shall vote againsli of the United States at such time as said interest may be dne, then the Secretary of thu Treasury is authorized and directed to advance from any moneys in the the amendment. 4004 CONGRESSIONAL RECORD-SENATE. JUNE 22, Mr. RANDALL moved that the committee rise. 846) to punish the counterfeiting of trade-mark goods and the sale of The motion was agreed to. or dealing in counterfeit trade-mark goods. I move the reference of The committee accordingly rose; and the Speaker pro tentpore hav:. this petition to the Committee on the Judiciary. ing resumed the chair, Mr. BLACKBURN reported that the Committ.ee The motion was agreed to. of the Whole on the state of the Union had, accoriling to order, had Mr. DENNIS presented the memorial of Workman & Co., and va- under consideration the bill (H. R. No. 3749)) making appropriations rious citizens of the United States, ship-owners, merchants, and oth- for sundry civil expenses of the Government for the fiscal year end- ers, remonstrating against the passage of the bill (H. R. No. 3187) to ing June 30, 1877, and for other purposes, and bad come to no resolu- amend title 53 of the Revised Statutes relating to merchant seameri; tion thereon. which was referred to the Committee on Commerce. Mr. RANDALL. I move that the House do now adjourn. REPORTS OF COMMITTEES. The motion was agreed to; and accordingly (at eleven o'clock and fifty-seven minutes a.m. Thursday, June 22) the House adjourned. Mr. INGALLS from the Committee on Pensions, to whom was re ferred the bill (S. No. 833) granting a pension to Johanna Luskey, submitted an adverse report thereon; which was ordered to be PETITIONS, ETC. printed, and the bill was postponed indefinitely. The following memorials, petitions, and other papers were pre- He also, from the same committee, to whom was referred the bill sented at the Clerk's desk 1mder the rule, and referred a-s stated: (H. R. No. 2804) granting a pension to Harriet C. Dunham, widow of By Mr. CRAPO: The petition of William S. McFarlin, for a pen- Charles A. Dunham, late private Company A, One hundred and eight- sion, to the Committee on Invalid Pensions. eenth Regiment Pennsylvania Volunteers, reported it without amend- By Mr. HAYMOND: Apaperrelatingtotheestablishmentof apost- ment, and submitted a report thereon; which was ordered to be printed. route from La Porte, Indiana, to Three Oaks, Michigan, via Hatch Mr. HAMLIN, from the Committee on Post-Offices and Post-Road , Mills, to the Committee on the Post-Office and Post-Roads. to whom was referred the bill (H. R. No. 2581) to amend section 3887 By Mr. LYNCH: Papers relating to the claim of Matilda Shields, of the Revised Statutes, reported it without amendment. for compensation for property taken, occupied, and destroyed by the He also, from the same committee, to whom was referred the bill United States authorities at Alexandria, to the Committee on War (H. R. No. 2575) to amend sections 3893 and 3894 of the Revised Claims. Statiutes, providing a penalty for mailing obscene books and other By Mr. O'BRIEN: Remonstrance of the Medical and Chirurgical matters therein contained, and prohibiting lottery circular passing Faculty of the State of Maryland, a~ainst the passage of the bill incor- through the mail, reported it without amendment. porating the National Medical Institute of the District of Columbia, Mr. HAMILTON, from the Committee on Pensions, to whom was to the Committee for the District of Columbia. . referred the bill (H. R. No. 1896) granting a pension to Benjamin By Mr. REAGAN: Memorial of citizens of Eastern and Northeastern Hickey, a private in Company C, First Regiment Tennessee Volunteer TexaR, against the removal of the place of holding the Federal courts Cavalry, submitterl an adverse report thereon; which was ordered to from Tyler to Dallas, Texas, to the Committee on the Judiciary. be printed, and the bill was postponed indefinitely. By Mr. SAVAGE : The petition of citizens of Des Moines Valley, He also, from the same committee, to whom was referred the bill Iowa, to be protected in their :i_ghts and homes on the odd sections (H. R. No. 2838) granting an increase of pension to Thomas H. Mar- of land in the valley of the Des .Moines, to the Committee on the Pub- tin, submitted an adverse report thereon; which waa ordered to be lic Lands. printed, and the bill was postponed indefinitely. He also, ·from the same committee, to whom was referred the bill (H. R. No. 2700) granting increase of pension to Edward Dempsey, late private Company C, Fourth Kentucky Cavalry, asked to be dis- IN SENATE. charged from its further consideration; which was agreed to. He also, from the same committee, to whom was ref~rred the bill THURSDAY, June 22, 1876. (S. No. 790) granting a pension to Michael Frederick, asked to be dis- charged from its further consideration; which was agreed to. Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. He also, from the same committee, to whom was referred the bill The Secretary proceeded to read the Journal of yesterday's pro- ( S. No. 854) to repeal a part of section 4713 of the Revised Statutes of ceedings; when, on motion of Mr. KELLY, the further reading was the United States relating to pensions, asked to be discharged from dispensed with. . its further consideration ; which was agreed to. HOUSE BILLS REFERRED. Mr. HAMILTON. I am also instructed by the same committee, to The following bills from the HoURe of Representatives were sever- whom was referred the bill (H. R. No. 2228) granting a pension to ally read twice by their titles and referred to the Committee on the Thomas Pulling, of Big Rapids, Mecosta County, Michigan, to report Judiciary: it back and ask to be discharged from its further consideration. It A bill (H. R. No. 865) to provide for the appointment of additional appears that the application of the claimant is still pending in the circuit-court commissioners, and to prevent oppression; Pension Office. A bill (H. R. No. 3150) in relation to jud~ent liens; The report was agreed to. A bill (H. R. No. 3168) relating to partition of real estate in the . Mr. WRIGHT, from the Committee on Claims, to whom was referred District of Columbia ; the bill (H. R. No. 3359) making appropriations for the payment of A bill (H. R. No. 3746) relating to the terms of the circuit and dis- claims reported allowed by the commissioners of claims under the act trict courts of the United State in and for the district of Iowa; of Congress of March 3, 1871, and for other purposes, reported it with A bill (H. R. No. 3747) to secure service of process in the United amendments. States courts in certain cases ; and He also, from the same committee, to whom was referred the bill A bill (H. R. No. 3748) to provide for the redemption of real estate (H. R. No. 2691) for the allowance of certain claims reported by the sold under judgments and decrees in the courts of the United States. accounting officers of the Treasury Department, reported it with The bill (H. R. No. 58) to equalize the bounties of soldiers who amendments. served in the late war for the Union was read twice by its title and Mr. WRIGHT. I desire before we pass to other business to say referred to the Committee on Military Affairs. that immediately after the disposition of the naval appropriation The bill (H. R. No. 844) relating to land patents was read twice by bill I shall ask the Senate to proceed to the consideration of each of its title and referred to the Committee on Public Lands. these bills. They are in the nature of appropriation bills, and I think ought to have the early consideration of the Senate. They PETITIONS AND MEMORIALS. have been very faithfully considered, as I understand, by the Honse Mr. HAMLIN presented the petition of John Edwards, jr., late cap- committee, and have passed the House of Representatives. We tain Third United States Artillery, praying to be restored to his have considered them very carefully in our committee and have made former rank and position in the Army of the United Stat.es; which some amendments. The amendments are for the most part merely was referred to the Committee on Military Affairs. formal, as to names. Some of the claims we have disallowed, and Mr. CONKLING. I present the memorial of the presidents of the others we have recommitted to the claims commission. So soon as various marine-insurance companies of the city of New York, remon- .the naval appropriation bill shall be passed, I hope to get these bills strating against the passage of the bill (H. R. No. 3187) to amend before the Senate. title 53 of the Revised Statutes relating to merchant seamen. In con- Mr. EDMUNDS. I wish to enter a caveat against the notice of my nection with this memorial, I wish to say that a variety of commu- friend, as there are one or two bills of a good deal of importance re- nications come to me, addressed to me personally, the writers sup- ported from the Judiciary Committee some time ago that it is very posing that under the rules of the Senate they are presentable here. important should be acted upon ; and I think I must move as soon as As the Chair knows and as I know, they are not presentable; and the naval bill is over, as I have tried once or twice before, to ·get so I cannot present them; but I make this mention of them to say them up. that some of them are representations in one direction and some in Mr. WRIGHT . . I wish to state that there is nothing in these cases the other. I move the reference of this memorial to the Committee that will take any time except the reacling of the bills, and I do not on Commerce. think the reading even will be called for. I£ I supposed they would The·motion was agreed to. , take time so as to exclude business of more importance, I should cer- Mr. CONKLING. I present also the petition of a large number of tainly not insist upon calling them up at once; but these bills ought firms bankers, and corporations in the city of New York, praying to be passed at the earliest day possible. · for the passage of the bill recently_ introduced by me, the bill (S. No. Mr. DAVIS. I should like to ask the Senator from Iowa 'Whether . 1876. CONGRESSIONAL llECORD-SENATE. • 4005 the amendments now reported from the committee are of sufficient Mr. LOGAN. I do not put it upon the ground of responsibility or importance to require that the bills should be~reprinted f irresponsibility. I do not care whether he was responsible or notfor Mr. WRIGHT. Not at all. For the most part they are merely cor- that matter. He is entitled to be retired on this rank. rections in the names of claimants, and there is no necessity for re- Mr. THURMAN. I am speaking for myself. If·l thought he were printipg the bills at all. responsible for that action, I could not vote for the bill. · Mr. WITHERS, from the Committee on Pensions, to whom was re- Mr. LOGAN. I do not want to go into a discussion of that ques- ferred the bill (H. R. No. 2602) granting a pension to Eleanor Douglass, tion at this time. submitted an adverse report thereon; which was ordered to be printed, The bill was ordered to a third reading, read the third time, and and the bill was postponed indefinitely. passed. · He also. from the same committee, to whom was referred the bill BILLS INTRODUCED. (H. R. No'. 2081) granting a pension to William McLay, late a private Mr. PADDOCK asked, and by unanimous consent obtained, leave in Company G, Twelfth Illinois Infantry Volunteers, reported it with- to introduce a bil1 (S. No. 934) to provide for furnishing certified out amendment, and submitted a report thereon; which was ordered transcripts of territorial records; which was read -twice by its title, to be printed. referred to the Committee on Territories, and ordered to be printed. Mr. HOWE. The Committee on Foreign Relations, to whom was Mr. ANTHONY asked, and by unanimous consent obtained, leave referred the bill (S. No. 541) relating to telegraphic communication to introduce a bill (S. No. 935) providing for a. disbursing officer for betweep the United States and foreign countries, have directed me to the Congressional Printing Office; which was read twice by its title, report back the bill without amendment and to recommend its pas- referred to the Committee on Printing, and ordered to be printed. sage. The bill does nothing but authorize the Secretary of State to STATEMENTS OF PUBLIC DEBT. allow cables to be landed on our shores where other countries allow them to be landed on their shores; and it directs the order in which Mr. DAVIS. I offer the following resolution, and ask for its pres- dispatches shall be sent, and punishes the violations of the offenses ent consideration : against the cables. That is all the bill does. I think there will be Resolved, That the Secretary of the Treasury be requested to furnish to the Sen- no objection to passing it now, if the Senate will hear it. ate at an early day a statement showing the public d.e bt at the end of each fiscal year from 1836 to 1876, as appears upon the books of the Register. Mr. EDMUNDS. Yes, there will be. The PRESIDENT p1·o tempore. Is there objection to the present Mr. EDMUNDS. How much will that cost f consideration of the bill Y Mr. DAVIS. I will say to the Senator that this is a request to the Mr. EDMUNDS. My only objection (because I have no doubt I Treasury Department to state the gross amount of the public debt at shall vote for the bill as it is described) is that at this stage of the the end of each fiscal year since 1t:l36, as it appears upon the books session, when we are in a hurry, I doubt whether any bill, except the of the Register. We 'have annual statements for each year of the most formal one, ought to pass on the day it is reported, we so often public debt as it appears in the Secretary's report. Now I shonld fall into accidents by action of that kind; and if it will not make like to know how it appears upon the books of the Register. The any great difference to my friend, I prefer to have this bill go on the Committee on Finance, in its report made a few days ago with regard Calendar. to some remarks that I made some time ago to the Senate, say that Mr. HOWE. Very well. the books have not been changed. It is plain that the official reports The PRESIDENT pro tempore. Objection being made, the bill will have been changed; and this resolution is asking information as 1o be placed on the Calendar. what is the gross amount of the debt at the end of each fiscal year as appears on the boob of the Treasury. The purpose is, I will say, to COLONEL W. H. EMORY. ascertain whether or not the amount that appears on the books of the Mr. LOGAN. I ask unanimous consent to take up a bill, the con- Treasury agrees with the official reports to Congress. That is the sideration of which I think will require but a few minutes. It is a object. bill authorizing the retirement of Colonel W. H. Emory with the Mr. EDMUNDS. The resolution is still subject to objection, and I rank and pay of a brigadier-general. I will state the reason why I only wish to find out what it means, and the expe~of such calls. , make this request. The next officer in rank has been a.sked for by I notice, as the Senator has stated, that this information is asked for the General to take command of an expedition, and in order that he the state of a particular set of books, the Register's books. Now, may take command Colonel Emory will have to be retired. He is of the then, my query is whether we onght not to provide also for informa- age to be retired; and if he is not retired by this bill the President tion which would elucidate, if any elucidation be necessary, any real will have to retire him in a grade less than the bill proposes to retire o apparent difference between the books .of the · Register and the him, and this bil1 will have to be passed to-day to be effective. That books of the Treasurer, if you plea-se, or the books of the loan branch, is the reason I give to the Senate for asking that this bill be acted if that is the branch which has charge of the public debt. My query upon this morning, and if there is no objection I would be glad to about it is whether we are going to get information that is substan- have it passed. tially accurate by asking in respect to one particular set of books; Mr. SAULSBURY. Is Colonel Emory to be retired by his own and in that view I rather think the resolution had better go over consent Y until to-morrow, so that we can ascertain what should be done. I Mr. LOGAN. Certainly. He requests it. He is o~ the age to be wish to get the information very much. retired anyhow; but still he asks it. Mr. DAVIS. I hope the Senator will hear me before he makes the By unanimous consent, the Senate, as in Committee of the Whole, objection. I greatly prefer to have the information as indicated by the proceeded to consider the bill (H. R. No. 1846) authorizing the retire- Senator; but believing that it would involve considerable work to ment of Colonel W. H. Emory with the rank and pay of a brigadier- get it from the different books, and believing from the annual reports general. · that they would not agree, I thought it would be much shorter and The bill was reported to the Senate without amendment. much more convenient to take it from the books of the Register, which Mr. LOGAN. I will state to the Senate that this is an exception the Senatot: knows are the official books. I believe the Register is the to the general rule. It is the first time that I, as chairman of the book-keeper of the Treasury Department, and his office is the official Military Committee, have ever agreed to an exception to the rule of resting-place of all warrants, and is the source from which the official retiring officers ; but in this case I do not think it will set a precedent accounts come of the expenditures, receipts, and the public debt. I to be followed hereafter. This officer is the oldest officer in the Army understand that up to 1870 or 1871 the Register's office was the only . of his rank. He has served forty-three years, and bas been ten years branch in which such accounts were kept; but at that time there was in command according to the rank which he will hold if he is retired inaugurated in the Treasury another department in the Secretary's of- under the bill, but he has been jumped by appointments all the time fice which got up a new table and since that time it has been kept up and kept in the rank of colonel. The committee considered it noth- there. If the Senator desires any amendment I will accept it with a ing but fair to him, in consideration of his long service in the Army great deal of pleasure; but after showing the resolution to the t;:hair- in the position he held in which he should have had the rank, that man of the Committee on Finance, I thought that was the shortest he be retired now on that rank. I ask for this reason that the bill and most complete way of getting the information. be passed. There is a printed report in connection with the bill. Mr. EDMUNDS. Mr. President, I do not doubt that the thoughts Mr. KELLY: It is not to be a precedent, I understand. of my friend from West Virginia are perfectly correct; they generally Mr. LOGAN. Not a. precedent at all, for there is no man in the .Army are; but I wish to suggest that all the books of the Treasury, I think, of the same service and the same age aa this man. are official books, just as much as those of the Register's office; and Mr. KELLY. I have no objection, if it is not to stand as a precedent. my fear wa.s that I might be misled, as well as other people, if you Mr. LOGAN. It willnot. take the status of a particular set of books in the Treasury, in order Mr. THURMAN. I shall vote for this bill, but I wish to say a. word to get at a general fact, without reference to the counter-books, if they in explanation. When I first heard of the proposition, I was under may he so called, in other branches of the Treasury. That difficulty the impression that General Emory was in some sort responsible for occurring to my mind was my reason for desiring the resolution to lie what I consider a very great violation of the Constitution: the inter- over, that I might understand the subject a little better! so that we ference of the military with the Legislature of Louisiana at the last should get information which should not mislead anybody when we organization or attempted organization of that body. If I were obtain it. satisfied that that was the case, I coq.ld not vote for retiring him in Mr. DAVIS. If the Senator prefers I will strike out "the Register's this exceptional manner to a higher rank than he really would be books" and insert ''the books of the Treasury Department." entitled to upon the retired list. I am satisfied, however, from facts Mr. EDMUNDS. I will look at it before the resolution comes up that have come to my knowledge, thatGeneralEmorywasnotrespon- again. sible at all for that military interference, and as he is undoubtedly a Mr. SHERMAN. I wish to say to the Senator from West Virginia. very meritorious officer I shall vote for the bill. and the Senator from Vermont, that the very information called for > •. 4006 • CONGRESSIONAL RECORD-SENATE. JUNE 22, is contained in the very report referred to by the Senator from West been so and so. No figures were changed, but only in the statements Virginia; that is, the report made by the Committee on Finance the made in 1870 and from that time on new elements were considered other day. Every year from the foundation of the Government the as being proper to have been stated that had be~ omitted without amount of the public debt is given. As to discrepancies in the IJ.ny fault or crime or aleration or forgery. ;tccounts, t·hey are explained away to the satisfaction of every mem- Mr. WEST. Now, Mr. President- ber of the committee. No discrepancy exists in fact, and there baa Mr. DAVIS. Mr. President- been no alteration of the books; but the fact simply is that in 1870 Mr. WEST. I believe I have the floor. the mode of keeping the books was changed. Tbe PRESIDENT pro tempore. This resolution is still pending. Mr. EDMUNDS. Then what do we want this information for if we Mr. DAVIS. Does the Senator wish to out me off Y have it already f Mr. WEST. If the Senator desires now to continue the debate, I Mr. SHERMAN. I do not know. Every particle of this informa- have no objection; but I think we shall have to undergo it all again tion is published in every finance report since the time those reports yvhen the resolution comes up for action. It bas gone over upon the were made. Every·year there a;re tables showing .t he amount of ex- objection of the Senator from Vermont. However, if the Senator penditures, the amount of the · debt, the amount of receipts, and so thinks it necessary that he shall be heard, I shall not interpose. on. But it ·will not cost anything to answer this resolution. It can Mr. DAVIS. The Senator was very willing to hear que side, and I be answered, I suppose, by sending down a printed statement cut out think he ought to be willing to hear the other. of the last finance report. Mr. President, I have stated, and I restate, and it is a fact, that the Mr. DAVIS. I do not think the Senator from Ohio intends to say offi.cia 1. figures. stated by the Treasury Department to Congress iu what I understood him to say, that the report made by the Finance each one of the official reports since 1871 have been changed. Committee within t.J;t~ last few days contains the information asked Mr. ED~S. Tell us what you mean by "changed." for in this resolution. I do not think he means that. If so, either he Mr. DAVIS. I mean what I said a moment ago. Take the year or I mnst be greatly mistaken. It is plain to all who have given the 1861-'62, if you please. In that year Mr. Chase reported the public subject any thought or read the report that the report says that the debt to be $514,000,000. Hif? successors, Fessenden, McCulloch, &9., books have l!ot been changed, but it admits in substance more t'!J.an stated it to be the same amount, not only in giving the figures but once that the official r~port~ to Congress that are made each year in reviewing the situation of the country ; and in 1870 tho E5 figures have been changed, and the amount of the public debt has been largely were changed and raised over 10,000,000, and the public deb1i for increasetl, over 2DO,OOO,OOO, by the ch'anges. that year was reported at $524,000,000. . Mr. EDMUNDS. What does the Senator mean by "changed;" a Mr. DA.WE.S. I want to understand. Does the Senator mean to difference in a succeeding year from a former one f say tha~ ~hose figures that .Mr. Chase made do not stand n'ow exactly Mr. DAVIS. Yes, sir; I mean ey ".changed.'' that, say in the year as they did before T 1836-there is where the change commences-the figures which were Mr. DAVIS. I mean to say that in each report since 1870 they do given to the country as correct have been changed and ' increased to not. They have been changed and raised. _ a larger amount. I mean that in another year the figures given to Mr. DAWES. That is not my inquiry. Mr. Cha e made some fig- the' country as the official report and as they remained for many ures in 1861, I understand. years in t1te official reports were changed, and in one year I recollect Mr. DAVIS. H~ roported the debt in 1861-'62 at $514,0001000, in now, increased as much as $75,000,000. I ask this information to know round numbers. whether'the' official reports made to Congress and the books of the Mr. DAWES. That report is in the Treasury Department. is it not f Treasury Department correspond, and if they do not, which is correct. .Mr. DAVIS. I am asking whether it is now by this resolution. I Mr. EDMUNDS. Let the resolution go over. have never been able to see. Mr. DAVIS. I ask that it be printed, and I give notice I will call :Mr. DAWES. Will the Senator be kind enough to tell m.e whether it up to-morrow morning. he has ever seen it or not Y The resolution was ordered to be print-ed. Mr. DAVIS. Seen what f Mr. WEST: Mr. Pre'sident- Mr. DAWES. The ·r eport in the Treasury Department which ·Mr. Mr. SHERMAN. I wish to say a word. Chase made- and put his signature to. Mr. WEST. But the resolution has gone over. . Mr. DAVIS. I take it that the official .reports sent to Congress are Mr. SHERMAN. I think I ought to be allowed to say a word on a copy of the books and reports in the Treasury. this resolution after what has occurred. Mr. D.A.WES. I made the inquiry in good faith in order to ascer- Mr. WEST. Very well, I yield. t tain of the Senator whether he means to state that the figures which Mr. SHERMAN. Mr. President, it is always painful to me to hear' Mr. Chase made at that time and which Mr. McCulloch made at an- statements made like those just made by the Senator from West Vir- other time do not stand there now in the Treasury Department just ginia, because he does not think about their efl'ect. Wby, sir, if what as they made them. he has said is correct, every man who has held the office of Secretary Mr. DAVIS. That is the very point of this resolution, to know of the Tr~asury from the foundation of this Government ~as been a whether it is so or not. corrupt man. He speak& of changin~ the books of the Treasury De- Mr. DAWES. Ha-s the Senator the slightest information that will partment! Why, sir, that is a perutentiary offense; and yet it is enable him to answer this question, whether those figures do not charged against every such officer of the Government from the foun- stand in the Treasury Department now just as they did when they dation down. Certainly the Senator does not mean that. Wbat is were madef there about this charge f The books of the Treasury Department Mr. DAVIS. Well, I am not able to say. The Senator who made have not been changed in a word or a figure. the report from the Finance Committee says that they do. I say that Mr. D.A.VIS. Will the Senator say the sa!De thin,g about the official the official reports sent to Congress and to the country put down a reports to Congress T larger amount than that reported in 1861. Take the last report sent Mr. SHERMAN. ' I do. No official report to Congress has ever been to Congress; it says the debt in 1861-'62 was 524,000,000-I speak changed and dare not be. It is printed every year just as it is sent in round numbers-while the reports from 1862 to 1871 say it was here. This is what the Senator means, and he does not mean any $514,000,000. more than this, that in 1870 the Secretary of the Treasury, believing Mr. DAWES. I understood the Senator to say distinctly that cer- that the elements which entered into the statement of the public debt tain figures made by certain Secretaries whose names he gave, and were not correct, that is, that they did not give the information nec- the date of the time when they made those figures, had been changed essary to show at a particular time the amount of the public debt for on the books. a particular year, undertook to revise the previous statements that Mr. DAVIS. Let me make myself understood. I say each report were printed in the reports of the Treasury Department to show that to Congress since 1871, and including 1871, has increased the debt certain new elements ought to have been included at the time the from what it appeared to be in the offi,.cial reports from 1861 to 1871. statement of the debt was made every year. In 1870-'71 he gave us Mr. EDMUNDS. And that is all you mean by "changedf" a statement of the public debt revised, including these new elements; Mr. DAVIS. Not quite all. That is one of the changes. for instance, the accruing interest and the trust funds which were Mr. EDMUNDS. Tell us aU. counted as part of the debt in the new statement and not in the old Mr. DAVIS. We are speaking of the public debt now. Of course one, and there were other elements th~t did not enter into the pre- there are a great many other changes. I mean to say that if you vious statement. He made a statement includin~ these items. I will take the table of the public debt from 1836-for that is the date when state to my honorable friend that the report made a few days ago, to the changes commenced, I believe, as reported to Congrea&-take the which we gave a good deal of attention, not so much to satisfy my official :fiitance reports previous to 1870 and run up that column and friend from West Virginia as to satisfy everybody who wanted to then take the reports made subsequent to 1870 to the last one that study the matt-er-and every member of the committee was of the came here, and you will find that the aggrert. Mr. DAWES. I know the Senator does not . say so any more than In :May, 1858-James Buchanan was then President of the United the man spoke of the quality of his sausages on a celebrated o~ca- States-in the New York yard there were thirteen hundred and